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HomeMy WebLinkAboutAgenda Packet City Council - 01/21/2014 a Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final City Council Tuesday,January 21,2014 11:30 AM Council Chambers 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 12:00 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 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 Nelda Martinez to call the meeting to order. B. Invocation to be given by Minister Eddie Rodriguez, Church of Christ. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: a. City Performance Report - Municipal Information Services b. Other Corpus Christi Page 1 Printed on 211712014 City Council Meeting Agenda-Final January 21, 2014 H. EXECUTIVE SESSION: (ITEM 1) 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. 1. 14-00083 Executive Session pursuant to Texas Government Code Section 551.076, Deliberations regarding Security Devices or Security Audits, with possible discussion and action in open session. I. MINUTES: 2. 14-00085 Regular Council meeting of January 14, 2014. Attachments: Minutes-January 14, 2014 J. BOARDS &COMMITTEE APPOINTMENTS: 3. 14-00086 Airport Board Corpus Christi Regional Transportation Authority Attachments: 01-21-14 final K. 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. L. CONSENT AGENDA: (ITEMS 4 -26) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 13-001234 Purchase of ten traffic signal cabinet assemblies Motion approving the purchase of ten (10) traffic signal cabinet assemblies from Paradigm Traffic Systems, Inc., Arlington, Texas for a total amount of$82,240. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Corpus Christi Page 2 Printed on 211712014 City Council Meeting Agenda-Final January 21, 2014 Cooperative (TLGPC). Funds have been budgeted by the Engineering Department in FY 2013-2014. Attachments: Agenda Memo-Traffic Signal Cabinet Assemblies.pdf Price Sheet-Traffic Signal Cabinet Assemblies.pdf 5. 13-001211 Supply agreement for single port meter transmission units Motion approving a supply agreement with Aclara Technologies LLC, Hazelwood, Missouri for approximately 5,376 single port meter transmission units (MTUs). The award is based on sole source, for an estimated annual expenditure of$473,088 of which $275,968 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve months with an option to extend the contract for up to two additional twelve month periods, subject to the approval of the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013-2014. Attachments: Agenda Memo-Supply Agreement for Single Port MTUs.pdf Price Sheet-Supply Agreement for Single Port Meter Transmission Units.pdf 6. 13-001207 Grant application for Speed and Driving While Intoxicated (DWI) overtime enforcement Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of$98,082 for the 2015 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of$40,266.75, for a total project cost of$138,348.75, and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant. Attachments: Agenda Memo-STEP application 01.14.2014 Resolution -Step 7. 13-001213 Interlocal agreement for sharing of juvenile records Resolution authorizing the City Manager, or designee, to execute an interlocal cooperation agreement with Corpus Christi Independent School District regarding sharing of juvenile records. Attachments: Agenda Memo-CCISD Interlocal info sharing Resolution -auth CCISD Interlocal for sharing of juvenile records Interlocal Agreement-CityofCC-JuvenileRcrds-CCISD(final) 8. 13-001196 Purchase for upgrading Intergraph Computer Aided Dispatch (I/CAD), Mobile to Mobile Public Safety(MPS), and Intergraph Law Enforcement Agencies Data and Records Management System (I/LEADS-RMS) software Corpus Christi Page 3 Printed on 211712014 City Council Meeting Agenda-Final January 21, 2014 Motion authorizing the City Manager, or designee, to approve the purchase of Intergraph Computer Aided Dispatch, Mobile to Mobile Public Safety and Intergraph Law Enforcement Agencies Data and Records Management System software upgrade services from Intergraph Corporation Security, Government and Infrastructure of Madison, Alabama for an estimated expenditure of$439,135.00 including first year maintenance. Maintenance will automatically renew upon payment of annual fee. Funds have been budgeted by Municipal Information Systems Department in FY 2013-2014. Attachments: Agenda Memo- Intergraph Upgrade Statement of Work- Intergraph Quote 9. 13-001205 Purchase of server licenses necessary for Intergraph upgrade Motion authorizing the City Manager, or designee, to approve the purchase of Microsoft SQL Server 2012 Enterprise Core Edition licenses, for the Intergraph upgrade, from SHI Government Solutions for $142,441.60. SHI Government Solutions is a State of Texas authorized Department of Information Resources certified vendor, contract DIR-SDD-2503. Funds have been budgeted by Municipal Information Systems Department in FY 2013-2014. Attachments: Agenda Memo- Microsoft SQL Server 2012 Enterprise Agenda Item Quote-SHI 7311987 10. 13-001176 Purchase of twelve months of monthly access fees for current SunGard applications Motion authorizing the City Manager or designee to purchase from SunGard Public Sector, Inc. of Lake Mary, Florida, twelve months of Monthly Access Fees, providing continued hosting services for all current SunGard applications, in the amount of$345,258.12 over the twelve month period. Following the initial term, Services will be provided on a year-to-year basis provided the City exercises the option and pays the then current Monthly Access Fee. Attachments: Agenda Memo-SunGard 12 month supplement Agreement-SunGard 12 month supplement 130900-1 Signed 11. 14-00011 Contracts for storage area networks and information techonology backup system replacement with disaster recovery solution Motion authorizing the City Manager, or designee, to execute contracts with three companies: Freeit Data Solutions of Austin, Texas (DIR-SDD-2035) for$1,428,006.34; Sigma Solutions of San Antonio, Texas (DI R-SDD-1 385) for$297,997.82; and Computer Solutions of San Antonio, Texas (DIR-SDD-1382) for$150,610.11. The purchase will be financed over a five year period with Key Government Finance, Inc. with monthly payments of$32,587.62 ($1,955,257.20 total). Corpus Christi Page 4 Printed on 211712014 City Council Meeting Agenda-Final January 21, 2014 Attachments: Agenda Memo-SAN Backup Solutions Quote-Storage Area Networks- Freeit Data Solutions quote Quote-Commvault Backup System- Freeit Data Solutions quote Quote-Turn-key Installation Services- Freeit Data Solutions quote Statement of Work- Freeit Data Solutions signed Quote- Infrastructure-Sigma Solutions quote Statement of Work-Sigma Solutions Signed Quote-Cisco communications hardware-Computer Solutions quote Quote-Wave Division Multiplexor-Champion One quote 12. 13-001017 Second Reading Ordinance -Appropriating competition proceeds from American Society for the Prevention of Cruelty to Animals (ASPCA) Rachel Ray Challenge (1st Reading 1114114) Ordinance appropriating $30,000 from ASPCA Rachel Ray Challenge in the No. 1020 General Fund to support the trap-neuter-return of feral cats in the community, targeted spay and neuter, and humane housing of animals at the animal care facility; and amending Ordinance No. 029915, which adopted the FY 2013-2014 Budget, by increasing revenue and expenditures in the General Fund No. 1020 by $30,000 each. Attachments: Agenda Memo- Rachael Ray funds 01.14.2014 Ordinance- Rachel Ray Grant 2013-Animal- Revised 13. 13-001208 Second Reading Ordinance -Accepting and appropriating a State grant for prevention of internet crimes against children (1st Reading 1114114) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program, in the amount of$4,084 to purchase equipment for the ICAC program within the Police Department; and appropriating the $4,084 in the No. 1061 Police Grants Fund. Attachments: Agenda memo- ICAC grant approp 01.14.2014 Ordinance- ICAC Award Letter-Grant Contract 12.2013- 11.2014 14. 13-001214 Second Reading Ordinance -Appropriating utility bill donations for the Arts & Cultural Commission (ACC) (1st Reading 1114114) Ordinance authorizing the City Manager or designee to execute all documents necessary to appropriate $11,480.08 in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission. Corpus Christi Page 5 Printed on 211712014 City Council Meeting Agenda-Final January 21, 2014 Attachments: Agenda Memo-Arts and Cultural Alliance utlity bill appropriation Ordinance- Utility Customer Donations Summary- Utility Funds 15. 13-001215 Second Reading Ordinance -Accepting and appropriating State grant amendment for Americans with Disabilities Act(ADA)water access improvements and promenade expansion at North Beach (1st Reading 1114114) Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate an amended grant in the No. 1067 Parks and Recreation Grant Fund in the amount of $35,724.22 from the Texas General Land Office-Coastal Management Program (CMP) for the construction of ADA water access improvements and promenade expansion. Attachments: Agenda Memo-CMP grant amendment North Beach Ordinance-CMP grant amendment North Beach Amendment-CMP grant Oso Bay 16. 13-001216 Second Reading Ordinance -Accepting and appropriating State grant for the after school snack program and entering into an Interlocal Agreement with Corpus Christi Independent School District (CCISD)to provide snacks (1st Reading 1114114) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$203,608 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program; to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide snacks services for the after school snack program for five years. Attachments: Agenda Memo-Afterschool snack Grant&CCISD Interlocal 2013-2014 Ordinance-AS Snack&CCISD Interlocal 2013-2014 Notice of funding-Afterschool Snack TDA Letter 2013-14 Interlocal Agreement-CCISD signed only 17. 13-001219 Second Reading Ordinance -Amending the Code of Ordinances regarding membership of the Tree Advisory Committee (1st Reading 1114114) Ordinance amending the City Code of Ordinances regarding membership of the Tree Advisory Committee of Corpus Christi, Texas. Attachments: Agenda Memo-Tree Board Ordinance Change Ordinance-Tree Advisory Board Amendment 18. 13-001220 Second Reading Ordinance - Lease agreement with kickball league Corpus Christi Page 6 Printed on 211712014 City Council Meeting Agenda-Final January 21, 2014 for Bill Witt Park (1st Reading 1114114) Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with C.C. United Kickball League for 6869 Yorktown, Bill Witt Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. Attachments: Agenda Memo-CC United Kickball Ordinance-CC United Kickball Lease-CC United LMK 19. 13-001224 Second Reading Ordinance - Lease agreement with baseball league for Price Park (1st Reading 1114114) Ordinance authorizing the City Manager or designee to execute a 60 month lease agreement with Southside Pony Baseball League for Price Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. Attachments: Agenda Memo-Southside Pony Ordinance-Southside Pony League Lease-Southside Youth Sports 20. 13-001222 Second Reading Ordinance - Lease agreement with soccer league for Labonte Park (1st Reading 1114114) Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with Great Western Soccer League for Labonte Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. Attachments: Agenda Memo-Great Western Soccer Ordinance-Great Western Soccer Lease-Great Western 21. 13-001223 Second Reading Ordinance - Lease agreement with soccer league for North and South Pope Park (1st Reading 1114114) Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with Santa Fe Soccer League for North and South Pope Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. Attachments: Agenda memo-Santa Fe Soccer Ordinance-Santa Fe Soccer Lease-Santa Fe Soccer 22. 13-001206 Second Reading Ordinance -Appropriating funds for safety vestibule at detention center(1st Reading 1114114) Corpus Christi Page 7 Printed on 211712014 City Council Meeting Agenda-Final January 21, 2014 Ordinance appropriating $50,000 from the Unreserved Fund Balance in the No. 1020 General Fund for remodeling the City Detention Center to create a safety vestibule; and changing the FY 2013-2014 Adopted Annual Operating Budget adopted by Ordinance No 029915 by increasing expenditures by $50,000 in the No. 1020 General Fund. Attachments: Agenda Memo-Appropriating Funds.pdf Ordinance-Safety Vestubule 2013-Muni Court 23. 13-001162 Second Reading Ordinance -Approving Seawall Maintenance Capital Improvement Program (1st Reading 1114114) Ordinance amending the FY 2014 Capital Improvement Program Budget adopted by Ordinance No. 029916 to add the Seawall Maintenance projects approved by the Type A Board and City Council as listed in Attachment A; appropriating $6,500,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund and transferring and appropriating into Seawall CIP Fund 3272 for the Fiscal Year 2014 projects as listed in Attachment A; changing the FY 14 Operating Budget adopted by Ordinance 029915 to increase expenditures by $6,500,000. Attachments: Agenda Memo-Seawall Maintenance CIP Budget.pdf Ordinance-Seawall Maintenance Budget(amending CIP).pdf Attachment A-Seawall Maintenance Budget.pdf Attachment B-Seawall Maintenance Budget(Ballot language).pdf Location Map-Seawall Maintenance CIP Budget.pdf Presentation-Seawall Maintenance CIP Budget.pdf 24. 13-001072 Second Reading Ordinance - Reimbursement to General Fund for funds borrowed and expended for the Aquarius Street Project (Bond 2008) (1st Reading 1114114) Ordinance approving the transfer of funds in the amount of$950,000 from the Street CIP Fund 3530 for the budgeted expenditures, including construction, of the Aquarius Street Project from Dasmarinas to Commodores into the No. 1020 General Fund; changing the FY2013-2014 Operating Budget adopted by Ordinance No. 022915 by increasing revenue by $950,000 in the No. 1020 General Fund; and changing the FY2013-2014 Capital Budget adopted by Ordinance No. 022916 by increasing appropriations by $950,000. Attachments: Agenda Memo-Aquarius Transfer1.pdf Ordinance-Transfer-Change FY13-14 Operating and Capital Budgets on Aguar 25. 13-001209 Second Reading Ordinance -Changing the fiscal year(1st Reading 1114114) Ordinance changing the City of Corpus Christi's fiscal year from August 1st through July 31st to October 1st through September 30th. Corpus Christi Page 8 Printed on 211712014 City Council Meeting Agenda-Final January 21, 2014 Attachments: Agenda Memo-Change in Fiscal Year.pdf Ordinance-Change in Fiscal Year.pdf 26. 13-001210 Second Reading Ordinance -Amending City code relating to administration of liens (1st Reading 1114114) Ordinance amending the Code of Ordinances by revising Section 17, Finance and Taxation; revising Section 17-4, Release of Liens-Execution; and revising Section 17-5, Same-Certificates; providing for effective date and providing for severance. Attachments: Agenda Memo- Revision of the Code of Ordinances for Liens.pdf Ordinance-Amend Sec 17-45-Finance.pdf M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (NONE) P. FUTURE AGENDA ITEMS: (ITEM 27) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 27. 13-001226 Resolution supporting exportation of liquefied natural gas (LNG) from the Coastal Bend and supporting Cheniere Energy's federal permit applications for the Corpus Christi LNG Liquefaction Plant Resolution supporting the exportation of liquefied natural gas from the Coastal Bend and supporting Cheniere Energy's permit application with the Federal Energy Regulatory Commission and the Department of Energy for the Corpus Christi LNG Liquefaction facility at the LaQuinta Channel. Attachments: Agenda Memo-Cheniere LNG Resolution of Support Resolution -Cheniere LNG MAP Proposed-potential LNG Facilities Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 28 -31) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 28. 14-00069 Utilities Strategic Plan Attachments: Agenda Memo- Utilities Department Strategic Plan.pdf Presentation-Corpus Christi Utilities Strategic Plan.pdf Corpus Christi Page 9 Printed on 211712014 City Council Meeting Agenda-Final January 21, 2014 29. 14-00068 Water Supply and Wastewater Treatment Plant (WWTP) Consolidation Attachments: Agenda Memo-Supply Demand and VWVfP Consolidation.pdf Presentation-Supply Plan Revised 30. 14-00063 Enterprise Resource Planning (ERP) Project Status Attachments: Agenda Memo- ERP Protect Status- PRESENTATION ITEM Presentation- ERP Protect Status Update 31. 14-00042 Shoreline Realignment Attachments: Agenda Memo-Shoreline Realignment.pdf Presentation 2-Shoreline R. ADJOURNMENT Corpus Christi Page 10 Printed on 211712014 Cor us Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,January 14,2014 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. Ms. Martinez gave a special acknowlegement to Council Member Priscilla Leal,who recently suffered a stroke, and provided well wishes on her recovery. B. Invocation to be given by Deacon Michael Mantz, Diocese of Corpus Christi Deacon Michael Mantz gave the invocation. C. Pledge of Allegiance to the Flag of the United States. Cecilia Garcia Akers gave the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and stated that a quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, Interim City Attorney Lisa Aguilar,and City Secretary Rebecca Huerta. Present: 8- Council Member Kelley Allen,Council Member David Loeb,Mayor Nelda Martinez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen McIntyre,Council Member Lillian Riojas, and Council Member Rudy Garza Absent: 1 - Council Member Priscilla Leal E. Proclamations /Commendations 1. Proclamation declaring January 17, 2014 as "Dr. Hector P. Garcia's 100th Birthday Celebration" Proclamation declaring January 20, 2014 as "Martin Luther King Holiday Celebration and Commemorative March" Presentation of Mayor's Clean & Green Awards Swearing-in Ceremony for City Secretary Rebecca L. Huerta Corpus Christi Page 1 Printed on 111612014 City Council Meeting Minutes January 14, 2014 Mayor Martinez presented the proclamations and conducted the swearing-in ceremony for City Secretary Rebecca L. Huerta. F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Mayor Martinez called for comments from the audience.Abel Alonzo spoke regarding the the historical impact of the City having the first Hispanic female Mayor Nelda Martinez,the first Hispanic City Attorney Carlos Valdez and first Hispanic female City Secretary Rebecca Huerta and encouraged the Council and City staff to be positive role models.Jack Gordy, Lonnie Lenningham, Johnny French and Mary Ann Kelley spoke in opposition to the City's policy on picking up privately owned small animal traps. Neil McQueen, Chairman of the Watershore and Beach Advisory Committee, presented a resolution unanimously passed by the committee for an improved anti-litter ordinance and enforcement. Bob Copes with the Advisory Committee on Community Pride and Cliff Schlabach with the Surfriders Foundation also spoke in support of the resolution to improve the anti-litter ordinance. Casey Lain, Chairman of the Downtown Management District introduced new Executive Director Terry Sweeney. Mr.Sweeney said he looked forward to working with the Mayor and Council to create a more successful and vibrant downtown.Alan Albin, Special Project for the Downtown Management District, thanked the current and previous Council Members and City staff for their continued support of the downtown projects. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Ron Olson reported on the following issues: a. City Performance Report -Airport City Manager Olson asked Director of Aviation Fred Segundo to provide a briefing on the operations, missions and goals of the Corpus Christi International Airport. b. Other 1) Mr. Olson stated that City Council asked staff to expand the plastic bag issue to include more emphasis on litter.Staff has been actively working to consolidate ordinances, increase enforcement activities and education,and to develop a system to measure effectiveness. City Manager Olson reported that his intent is to make a recommendation to the City Council on January 28th that will include the cost of the program,the financial impacts,and stakeholder input. Mr. Olson announced that the City would hold a televised forum on January 22, 2013 at 6:30 p.m. in the Council Chambers with an attempt to make the forum interactive for the public.2) Mr. Olson provided a status update on Corpus Christi Page 2 Printed on 111612014 City Council Meeting Minutes January 14, 2014 the reorganization efforts of the Public Works department and Code Enforcement.3)The selection process for the new City Attorney has been completed and an item is on the agenda for confirmation of the appointment.4) Staff conducted interviews for the Facilities Maintenance Director; however, he was unable to reach a satisfactory arrangement. City Manager Olson reported that he would have to start the process again.5)The Planning Request for Proposal negotiations should be completed this month and Mr. Olson anticipates bringing forward a contract to the Council for execution.6) Mr. Olson reported on the community celebration held last night regarding the Texas A&M University-Corpus Christi Unmanned Aerial System project selection by the Federal Aviation Administration as one of the six testing sites in the nation. I. MINUTES: 5. Regular Meeting of December 17, 2013 Mayor Martinez called for approval of the minutes. Council Member Magill made a motion to approve the minutes,seconded by Council Member Garza and passed unanimously. J. BOARDS &COMMITTEE APPOINTMENTS: 6. Clean City Advisory Committee Corpus Christi Downtown Management District Museum of Science and History Advisory Board Mayor Martinez called for board and committee appointments.The following appointments were made: Clean City Advisory Committee-Chelsea Craig (Appointed); Lori Galan-Garcia (Realigned from the Beautify Corpus Christi Association category to the category of Community at Large). Corpus Christi Downtown Management District-Raju Bhagat(Appointed) Museum of Science and History Advisory Board -James Kunau and Amanda Leal (Appointed) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 7 - 11) Approval of the Consent Agenda Mayor Martinez called for the consent agenda.There no comments from the Council or the public.The consent agenda was passed by one vote as follows: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Corpus Christi Page 3 Printed on 111612014 City Council Meeting Minutes January 14, 2014 7. Resolution requesting the Texas Commission on Environmental Quality(TCEQ)to adopt language in the environmental flow standards for the Nueces River Basin to clarify that rules are to be applied prospectively and not affect an existing water right Resolution requesting the Texas Commission on Environmental Quality (TCEQ) clearly and conclusively state that Senate Bill 3 environmental flow standards are to be applied prospectively and environmental flow standards for the Nueces River Basin not affect an appropriation of or an authorization to store, take, or divert water under a permit or amendment to a water right issued before September 1, 2007 This Resolution was passed on the Consent Agenda. Enactment No: 030047 8. Ratifying Federal grant for Marina replacement dock for boat slips Resolution ratifying grant application to US Fish and Wildlife Service through Texas Parks and Wildlife Department for $502,496.00 Boating Infrastructure Grant for Marina boat slips including 35 transient boat slips. This Resolution was passed on the Consent Agenda. Enactment No: 030048 9. Second Reading Ordinance - Rezoning from the "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District, on property located at 4050 Acushnet Drive (1st Reading 12117113) Case No. 1113-01 Luxury Spec Homes, Inc.: A rezoning from the "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District, resulting in a change to the Future Land Use Plan from commercial to low-density residential uses. The property is described as Lot 13, Block 2, Country Club Estates Unit 20, located on the north side of Acushnet Drive, approximately 525 feet east of Weber Road (FM 43). Planning Commission and Staff Recommendation (November 20, 2013): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District. Ordinance: Corpus Christi Page 4 Printed on 111612014 City Council Meeting Minutes January 14, 2014 Ordinance amending the Unified Development Code ("UDC"), upon application by Luxury Spec Homes, Inc., acting as agent behalf of Mihail Chryssos and Nikolaos Hrisos ("Owners"), by changing the UDC Zoning Map in reference to Lot 13, Block 2, Country Club Estates Unit 20 from the "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030049 10. Second Reading Ordinance - Rezoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District, on property located at 1201, 1217, 1225 and 1233 Barton Street(1st Reading 12117113) Case No. 1113-03 Robert Bryan Johnson: Rezoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District, resulting in a change to the Future Land Use Plan from low density residential to medium density residential uses. The property being rezoned is described as Lots 20, 21, 22, 23, Block 5, Flour Bluff Center, located on the northeast corner of Barton and O'Neill Streets. Planning Commission and Staff Recommendation (November 20, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Robert Bryan Johnson, by changing the UDC Zoning Map in reference to Lots 20, 21, 22, and 23, Block 5, Flour Bluff Center, from the "RS-6" Single-Family 6 District to the "RS-TF" Two- Family District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030050 11. Second Reading Ordinance -Closing a portion of a 15-foot wide utility easement out of Lot 1, Incarnate Word Subdivision located south of Lipes Boulevard and west of South Staples Street (1st Reading 12117113) Ordinance abandoning and vacating a portion of a 15-foot wide utility Corpus Christi Page 5 Printed on 111612014 City Council Meeting Minutes January 14, 2014 easement out of Lot 1, Incarnate Word Subdivision and requiring the owner, The Convent Academy of the Incarnate Word, to comply with the specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030051 N. REGULAR AGENDA: (ITEM 12) 12. Appointment of City Attorney Motion confirming the City Manager's appointment of Roxann Pais Cotroneo to serve as City Attorney effective February 3, 2014. Mayor Martinez referred to Item 12. City Manager Olson stated that he has interviewed and selected Roxann Pais Cotroneo to serve as City Attorney. Roxann Pais Cotroneo thanked the Council for the opportunity and requested confirmation of the appointment. Mayor Martinez made a motion to confirm the appointment of Roxann Pais Cotroneo, seconded by Council Member Loeb. Mayor Martinez called for comments from the public.Abel Alonzo welcomed Ms. Cotroneo back to Corpus Christi and spoke in support of the appointment. There were no comments from the Council. This Motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2014-001 H. EXECUTIVE SESSION: (ITEMS 2 -4) Mayor Martinez deviated from the agenda and referred to the day's executive session.The Council went into execution session. 2. Executive Session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation related to the city wastewater treatment plants, with possible discussion and action in open session. This E-Session Item was discussed in executive session 3. Executive session pursuant to Texas Government Code Section 551.071, Consultation with Attorney, and Section 551.087, Deliberations regarding economic development negotiations with possible discussion and action in open session. This E-Session Item was discussed in executive session Corpus Christi Page 6 Printed on 111612014 City Council Meeting Minutes January 14, 2014 4. Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code for consultation with attorneys about pending or contemplated litigation regarding a HOME funds agreement with possible discussion and action in open session. This E-session item was discussed in executive session. M. PUBLIC HEARINGS: (NONE) Mayor Martinez referred to the public hearings and stated that the four(4) following zoning cases previously scheduled for today's meeting have been rescheduled to the January 28th Council meeting: M PM Development LP, Spear Consolidated Ltd., D& E Development Corporation,and Charles E. Butler. O. FIRST READING ORDINANCES: (ITEMS 13 -27) 13. First Reading Ordinance -Appropriating competition proceeds from American Society for the Prevention of Cruelty to Animals (ASPCA) Rachel Ray Challenge Ordinance appropriating $30,000 from ASPCA Rachel Ray Challenge in the No. 1020 General Fund to support the trap-neuter-return of feral cats in the community, targeted spay and neuter, and humane housing of animals at the animal care facility; and amending Ordinance No. 029915, which adopted the FY 2013-2014 Budget, by increasing revenue and expenditures in the General Fund No. 1020 by $30,000 each. Mayor Martinez referred to Item 13. Police Chief Floyd Simpson stated that the purpose of this item is to appropriate a$30,000 award to the Animal Care Services Division from the Rachel Ray Challenge.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Magill Abstained: 0 14. First Reading Ordinance -Accepting and appropriating a State grant for prevention of internet crimes against children Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program, in the amount of$4,084 to purchase equipment for the ICAC program within the Police Department; and appropriating the $4,084 in the No. 1061 Police Grants Fund. Corpus Christi Page 7 Printed on 111612014 City Council Meeting Minutes January 14, 2014 Mayor Martinez referred to Item 14. Police Chief Floyd Simpson stated that the purpose of this item is to accept and appropriate a grant to purchase equipment for the Internet Crimes Against Children Task Force program.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 15. First Reading Ordinance -Appropriating utility bill donations for the Arts & Cultural Commission (ACC) Ordinance authorizing the City Manager or designee to execute all documents necessary to appropriate $11,480.08 in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission. Mayor Martinez referred to Item 15. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to appropriate funds donated by utility customers for the Arts&Cultural Commission.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 16. First Reading Ordinance -Accepting and appropriating State grant amendment for Americans with Disabilities Act(ADA)water access improvements and promenade expansion at North Beach Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate an amended grant in the No. 1067 Parks and Recreation Grant Fund in the amount of $35,724.22 from the Texas General Land Office-Coastal Management Program (CM P) for the construction of ADA water access improvements and promenade expansion. Mayor Martinez referred to Item 16. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to accept funding from the Texas General Land Office for the Coastal Management Program at North Beach. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 8 Printed on 111612014 City Council Meeting Minutes January 14, 2014 Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 17. First Reading Ordinance -Accepting and appropriating State grant for the after school snack program and entering into an Interlocal Agreement with Corpus Christi Independent School District (CCISD)to provide snacks Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$203,608 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program; to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide snacks services for the after school snack program for five years. Mayor Martinez referred to Item 17. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to accept and appropriate a grant from the Texas Department of Agriculture(TDA) and execute a contract with the Corpus Christi Independent School District(CCISD)for the Latchkey After School Snack Program. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 18. First Reading Ordinance -Amending the Code of Ordinances regarding membership of the Tree Advisory Committee Ordinance amending the City Code of Ordinances regarding membership of the Tree Advisory Committee of Corpus Christi, Texas. Mayor Martinez referred to Item 18. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to amend the Code of Ordinances regarding the membership of the Tree Advisory Committee by adding the qualification of urban forester and changing the residency requirement.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Corpus Christi Page 9 Printed on 111612014 City Council Meeting Minutes January 14, 2014 Abstained: 0 19. First Reading Ordinance - Lease agreement with kickball league for Bill Witt Park Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with C.C. United Kickball League for 6869 Yorktown, Bill Witt Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. Mayor Martinez referred to Item 19. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to renew the C.C. United Kickball lease at Bill Witt Park. In response to Council Member Garza, Interim City Attorney Lisa Aguilar said the agreement has a termination clause stating that either party may terminate the lease by giving a thirty(30)day notice. There were no comments from the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 20. First Reading Ordinance - Lease agreement with baseball league for Price Park Ordinance authorizing the City Manager or designee to execute a 60 month lease agreement with Southside Pony Baseball League for Price Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. Mayor Martinez referred to Item 20. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to renew the Southside Pony Baseball lease for Price Park.There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 21. First Reading Ordinance - Lease agreement with soccer league for Labonte Park Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with Great Western Soccer League for Labonte Park, in the City, Lessee agrees to operate and maintain the Corpus Christi Page 10 Printed on 111612014 City Council Meeting Minutes January 14, 2014 premises according to City standards. Mayor Martinez referred to Item 21. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to renew the Great Western Soccer lease for Labonte Park. In response to Council Member Kelley, Mr. Morris said that it has not been determined when the league will move to the Lyondell complex and staff will address the termination of the lease at that time.There were no comments from the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 22. First Reading Ordinance - Lease agreement with soccer league for North and South Pope Park Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with Santa Fe Soccer League for North and South Pope Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. Mayor Martinez referred to Item 22. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to renew the Santa Fe Soccer lease for North and South Pope Park.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 23. First Reading Ordinance -Appropriating funds for safety vestibule at detention center Ordinance appropriating $50,000 from the Unreserved Fund Balance in the No. 1020 General Fund for remodeling the City Detention Center to create a safety vestibule; and changing the FY 2013-2014 Adopted Annual Operating Budget adopted by Ordinance No 029915 by increasing expenditures by $50,000 in the No. 1020 General Fund. Mayor Martinez referred to Item 23. Director of Municipal Court Kimberly Jozwiak stated that the purpose of this item is to appropriate$50,000 for remodeling the City Detention and Magistration Center to create a safety vestibule.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 11 Printed on 111612014 City Council Meeting Minutes January 14, 2014 Aye: 7- Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Allen and Council Member Leal Abstained: 0 24. First Reading Ordinance -Approving Seawall Maintenance Capital Improvement Program Ordinance amending the FY 2014 Capital Improvement Program Budget adopted by Ordinance No. 029916 to add the Seawall Maintenance projects approved by the Type A Board and City Council as listed in Attachment A; appropriating $6,500,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund and transferring and appropriating into Seawall CIP Fund 3272 for the Fiscal Year 2014 projects as listed in Attachment A; changing the FY 14 Operating Budget adopted by Ordinance 029915 to increase expenditures by $6,500,000. Mayor Martinez referred to Item 24. Director of Public Works Dan Biles stated that the purpose of this item is to approve the Seawall Maintenance Capital Improvement Program for the seawall and downtown flood protection. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Allen and Council Member Leal Abstained: 0 25. First Reading Ordinance - Reimbursement to General Fund for funds borrowed and expended for the Aquarius Street Project (Bond 2008) Ordinance approving the transfer of funds in the amount of$950,000 from the Street CIP Fund 3530 for the budgeted expenditures, including construction, of the Aquarius Street Project from Dasmarinas to Commodores into the No. 1020 General Fund; changing the FY2013-2014 Operating Budget adopted by Ordinance No. 022915 by increasing revenue by $950,000 in the No. 1020 General Fund; and changing the FY2013-2014 Capital Budget adopted by Ordinance No. 022916 by increasing appropriations by $950,000. Mayor Martinez referred to Item 25. Director of Financial Services Constance Sanchez stated that the purpose of this item is to reimburse the General Fund for funds used for the construction of the Aquarius Street project from Bond 2008. Ms.Sanchez said this action is taken after the 14th Court of Appeals ruled in favor of the City allowing the City to use Bond 2008 proceeds to pay Corpus Christi Page 12 Printed on 111612014 City Council Meeting Minutes January 14, 2014 for this project. There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Allen and Council Member Leal Abstained: 0 26. First Reading Ordinance -Changing the fiscal year Ordinance changing the City of Corpus Christi's fiscal year from August 1st through July 31st to October 1st through September 30th. Mayor Martinez referred to Item 26. Director of Financial Services Constance Sanchez stated that the purpose of this item is to change the City's fiscal year from August 1st through July 31st to October 1st through September 30th. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Allen and Council Member Leal Abstained: 0 27. First Reading Ordinance -Amending City code relating to administration of liens Ordinance amending the Code of Ordinances by revising Section 17, Finance and Taxation; revising Section 17-4, Release of Liens-Execution; and revising Section 17-5, Same-Certificates; providing for effective date and providing for severance. Mayor Martinez referred to Item 27. Director of Financial Services Constance Sanchez stated that the purpose of this item is to revise the Code of Ordinances to reflect current practices related to the release of liens. There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Allen and Council Member Leal Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 28 -35) Mayor Martinez referred to the Future Agenda. City Manager Ron Olson stated that staff did not have any planned presentations. Corpus Christi Page 13 Printed on 111612014 City Council Meeting Minutes January 14, 2014 28. Purchase of ten traffic signal cabinet assemblies Motion approving the purchase of ten (10) traffic signal cabinet assemblies from Paradigm Traffic Systems, Inc., Arlington, Texas for a total amount of$82,240. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted by the Engineering Department in FY 2013-2014. This Motion was recommended to consent agenda 29. Supply agreement for single port meter transmission units Motion approving a supply agreement with Aclara Technologies LLC, Hazelwood, Missouri for approximately 5,376 single port meter transmission units (MTUs). The award is based on sole source, for an estimated annual expenditure of$473,088 of which $275,968 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve months with an option to extend the contract for up to two additional twelve month periods, subject to the approval of the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013-2014. This Motion was recommended to consent agenda 30. Grant application for Speed and Driving While Intoxicated (DWI) overtime enforcement Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of$98,082 for the 2015 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of$40,266.75, for a total project cost of$138,348.75, and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant. This Resolution was recommended to consent agenda 31. Interlocal agreement for sharing of juvenile records Resolution authorizing the City Manager, or designee, to execute an interlocal cooperation agreement with Corpus Christi Independent School District regarding sharing of juvenile records. This Resolution was recommended to consent agenda 32. Purchase for upgrading Intergraph Computer Aided Dispatch (I/CAD), Mobile to Mobile Public Safety(MPS), and Intergraph Law Enforcement Agencies Data and Records Management System Corpus Christi Page 14 Printed on 111612014 City Council Meeting Minutes January 14, 2014 (I/LEADS-RMS) software Motion authorizing the City Manager, or designee, to approve the purchase of Intergraph ComputerAided Dispatch, Mobile to Mobile Public Safety and Intergraph Law Enforcement Agencies Data and Records Management System software upgrade services from Intergraph Corporation Security, Government and Infrastructure of Madison, Alabama for an estimated expenditure of$439,135.00 including first year maintenance. Maintenance will automatically renew upon payment of annual fee. Funds have been budgeted by Municipal Information Systems Department in FY 2013-2014. This Motion was recommended to consent agenda 33. Purchase of server licenses necessary for Intergraph upgrade Motion authorizing the City Manager, or designee, to approve the purchase of Microsoft SQL Server 2012 Enterprise Core Edition licenses, for the Intergraph upgrade, from SHI Government Solutions for$142,441.60. SHI Government Solutions is a State of Texas authorized Department of Information Resources certified vendor, contract DIR-SDD-2503. Funds have been budgeted by Municipal Information Systems Department in FY 2013-2014. This Motion was recommended to consent agenda 34. Purchase of twelve months of monthly access fees for current SunGard applications Motion authorizing the City Manager or designee to purchase from SunGard Public Sector, Inc. of Lake Mary, Florida, twelve months of Monthly Access Fees, providing continued hosting services for all current SunGard applications, in the amount of$345,258.12 over the twelve month period. Following the initial term, Services will be provided on a year-to-year basis provided the City exercises the option and pays the then current Monthly Access Fee. This Motion was recommended to consent agenda 35. Contracts for storage area networks and information techonology backup system replacement with disaster recovery solution Motion authorizing the City Manager, or designee, to execute contracts with three companies: Freeit Data Solutions of Austin, Texas (DIR-SDD-2035) for$1,428,006.34; Sigma Solutions of San Antonio, Texas (DI R-SDD-1 385) for$297,997.82; and Computer Solutions of San Antonio, Texas (DIR-SDD-1382) for$150,610.11. The purchase will be financed over a five year period with Key Government Finance, Inc. with monthly payments of$32,587.62 ($1,955,257.20 total). Corpus Christi Page 15 Printed on 111612014 City Council Meeting Minutes January 14, 2014 This Motion was recommended to consent agenda Q. BRIEFINGS TO CITY COUNCIL: (NONE) R. BOARD APPEAL: (ITEM 36) 36. Appeal of the Civil Service Board decision regarding Patrick Gonzales City Council consideration of an appeal by the City of the decision of the 558th Civil Service Board appeal hearing regarding Patrick Gonzales with possible action in the form of upholding or overturning the Board's decision Mayor Martinez referred to Item 36. First Assistant City Attorney Alison Logan provided a background of the Civil Service decision regarding Patrick Gonzales and stated that the purpose of this item is to uphold or overturn the decision of the Civil Service Board.There were no comments from the Council. Mayor Martinez made a motion to overturn the decision of the Civil Service Board (thereby Mr. Gonzales would be terminated from his City employment), seconded by Council Member Mclntrye.This Motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2014-002 S. ADJOURNMENT The meeting was adjourned at 4:07 p.m. Corpus Christi Page 16 Printed on 111612014 a. AIRPORT BOARD — One (1) vacancy with term to 4-4-14. (Since the term is expiring 4-4-14, Staff is recommending appointment to a new 3-year term ending 4-4-17) DUTIES: To advise the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. COMPOSITION: Ten (10) members appointed by the City Council for three-year terms. All members shall serve for three-year staggered terms. Members must be residents of Corpus Christi. ORIGINAL MEMBERS TERM APPTD. DATE George B. Richard 04-04-14 05-20-08 ***Adam Nuse 04-04-14 04-13-10 William McCord 04-04-14 04-13-10 Donald M. Feferman, Chair 04-04-14 04-12-11 Wayne M. Squires 04-04-15 02-28-12 Dana Gunter 04-04-15 05-08-12 Kelly Harlan 04-04-15 05-08-12 Alex Garcia, Jr. 04-04-16 05-14-13 Shawn Morgan 04-04-16 05-14-13 Mary Helen Dunnam 04-04-16 09-10-13 Jay Wise, Advisory, non-voting 04-04-14 Lend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation INDIVIDUALS EXPRESSING INTEREST Glenna S. Elliff 14310 Fairway Dr, 78410 Retired. Formerly employed with Alief Independent School District. Former General Manager/Owner of Jennings Chevrolet Company in Robstown, Texas. Attended Robstown High School and Texas A&I University, Kingsville, Texas. Activities include: Board Member of Nueces County Water Board #3. (7/23/13) Marc A. Gonzalez 7322 Taldora, 78414 Director of Infrastructure Operations, Department of the Army at Corpus Christi Army Depot. Received a BA from University of Texas at San Antonio, Master of Aeronautical Science from Embry-Riddle Aeronautical University, and currently working on MBA at Texas A&M University-Corpus Christi. Commissioned Officer U.S. Air Force for 18 years. Activities include: Leadership Corpus Christi, Class 39. (4123113) Antonio Illas 1701 Ennis Joslin Rd, 78412 Special Agent. U.S. Dept. of Homeland Security. Received B.A. in History, Central Connecticut State Univ., and MDiv, Seminario Evangelico de Puerto Rico, San Juan, Puerto Rico, current PhD Student in History, Centro de Estudios Avanzados de Puerto Rico y el Caribe, San Juan, Puerto Rico. Activities include: Texas Army National Guard, Chaplain, and Christian Reformed Church in North America, ministry associate. Veteran of Operation Enduring Freedom. (2127113) Glenn R. Jones 7530 Beau Terre, 78414 Community Plans and Liaison Officer, Naval Air Station Kingsville. Received a BS in Business Economics from State University of New York. Retired Sr. Chief Navy Air Traffic Controller (23 yrs). Also is a Realtor with Coldwell Banker Pacesetter Steel (3 yrs). Activities include: City of Kingsville Development Review Board, City of Kingsville Chamber of Commerce, Kingsville Noon Rotary Club, Kingsville Navy League, L. E. Ramey Golf Course Advisory Committee. (7122113) Rick Jones 5618 Cory St., 78414 General Manager, Mike Shaw Toyota. Community Activities: Junior League, Ducks Unlimited, Nueces County Livestock Show, Kingsville Naval Air Base. Recipient of Corpus Christi Under 40 Award, GM Standards for Excellence Award and Toyota President Award. (12123113) Gordon W. Lester 7010 Chiswick Dr, 78413 Chief Pilot, Sikorsky Aircraft Corporation. Received a BA in Airport Management from Troy University and MBA from Webster University. Holds FAA Commercial Certificate in Airplanes (SE & ME), Helicopters and Gliders. Certified Flight Instructor. Former Sikorsky Program Manager for Partnership with CCAD (`04-'09). (7/22/13) Eldon McQueen 1102 Leopard St., 78401 Aerospace Engineer, Sikorsky Aircraft Company, A United Technologies Subsidiary, Corpus Christi Army Depot. Received a Master of Science in Computer Science and Information Technology Management from Boston University. Aerospace Engineer, Flight Crew and Military Veteran. Community Activities: Martial Arts Instructor and Youth Development for YMCA, Charter Schools and Boys and Girls Clubs. (10123113) Burris W. McRee 5717 Oso Parkway, 78414 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 associations and Co- Chairman 2012 for Corpus Christi Chapter of Ducks Unlimited. (7125113) Mike Munoz 1058 DeForrest, 78404 Project Manager, B.E. Beecroft Company, Inc. Community Activities: Nueces County A&M Club (President) and Leadership Corpus Christi Alumi (Class of 41). (8127113) Guy Nickleson 7949 Grizzley, 78411 CEO/Founder, LEAD First Foundation. Received a BA in Marketing from Texas A&M-Corpus Christi. Former Director of the YMCA of the Coastal Bend for 16 years. Also, former Educator with CCISD for 9 years. Activities include: founder YMCA's Youth and Government program, received the "Living the Dream" award by KIII-TV, also awarded The Tom Joiner Show Award for outstanding youth role model, former member City's Commission on Children and Youth, training board for new Police Officers, Mentors Network. Also received awards from HI-ALCO Neighborhood Council and Community Action Agency for work with youth and families. (7/23/13) Timothy M. O'Brien 15234 Main Royal Dr, 78418 Pilot, Coastal Drilling Company. Received an Associates of Applied Science (AAS) in Flight Technology from Alabama Aviation College in Ozark and a BS in Economics with Math emphasis from the University of Wisconsin at Madison. Commissioned Notary Public, State of Texas. (2/26/13) Leo Rios 421 Sharon, 78412 Realtor, Remax Associates. Activities include: Leadership Corpus Christi Class 40, Texas Realtors Political Action Committee, Buccarader, and Knights of Columbus. (Willing to resign from the Landmark Commission) (07131113) Lyndon E. Smiling 221 Clearview Dr, 78418 Operations Manager, Sikorsky Aircraft. Received a BS in Technical Management; Minor in Logistics. Currently enrolled in Embry-Riddle Aeronautical University (ERAU) in the Master of Science in Management (MSM) Program. Retired U.S. Navy. Activities include: various fundraisers for USO, March of Dimes, Juvenile Diabetes and other charities. (06104113) William D. Strawn 5014 Cape Romain, 78412 Retired. Former TxDOT Grant Manager/State Planner. Received BBA in Transportation Management from University of Texas at Austin, an MA in Management from University of Nebraska. Retired USAF Officer. Pilot for U.S. Coast Guard Auxiliary. Activities include: Parkway Presbyterian Church and Finance Committee, Vice- Commander Corpus Christi Flotilla of VSCG Auxiliary, City Ethics Commission member. (Willing to resign from the Ethics Commission if appointed to this board.) (7125113) Robert A. Williams 7606 Lake Bolsena Dr, 78413 Adjunct Associate Professor, Embry-Riddle Aeronautical University. Teaches Graduate Airport Operations, Safety and Management, and Air Transportation Systems. Received BS in Aircraft Maintenance Engineering; Parks College of St. Louis University, St. Louis, MO., MA in Management; Webster University, St. Louis, MO, Master of Aeronautical Science — Space and Safety; Embry-Riddle Aeronautical University. Attended USAF Airspace School; Keesler AFB, Mississippi. (7/24/13) b. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY - One (1) vacancy with term to 6-30-14. (On 1-8-14 the Corpus Christi Regional Transportation Authority Board of Directors elected Vangie Chapa, a City appointee to serve as Board Chair.) DUTIES: To operate and provide for public transportation system for Nueces County and the cities included in the Authority. COMPOSITION: Board of Directors consist of eleven (11) members - five (5) appointed by the City Council; three (3) appointed by Nueces County Commissioners Court; two (2) appointed by the Mayors of Cities in the Transit Authority other than Corpus Christi, and the Chairman who is appointed by the Board. The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged. The statute does not mandate that this Board member be "transportation disadvantaged." If Chairman is from the membership, the entity that appointed that person will appoint a replacement. Terms shall be for two years; members may serve up to eight consecutive years as stated by State Law. The State Sunset Committee suggested that the appointing bodies should consider the appointment of a regular rider of the transit system. A member of the board must be a qualified voter residing in the authority. ORIGINAL MEMBERS TERM APPTD. DATE Vangie Chapa, Chairperson 12-31-15 07-02-08 Angie Flores Granado (Nueces County) 09-18-15 10-14-09 Thomas E. Dreyer(City Council— Transp. Disadv.) 06-30-14 07-11-12 George B. Clower (City Council) 06-30-14 07-11-12 Tony Elizondo (City Council) 06-30-14 11-02-11 Mary J. Saenz (City Council) 06-30-14 07-02-08 *Vacant(City Council) 06-30-14 Lamont Taylor(Nueces County) 09-18-15 10-12-11 Curtis Rock(Nueces County) 09-18-15 10-09-13 Ray Hunt(Mayor of other Cities) 09-19-15 10-12-11 Robert Garcia (Mayor of other Cities) 09-19-15 10-12-11 Lend: * Vacancy due to the appointment of Vangie Chapa as Chairperson INDIVIDUALS EXPRESSING INTEREST Abel Alonzo 1701 Thames, 78412 Retired. Community Activist. Founder of Nueces County "I Believe in Me" Foundation. Received a BA in Sociology from Corpus Christi State University, and an AA in Mental Health from Del Mar College. Activities include: MHMR Board of Trustees, Regional Transportation Advisory Committee, former Corpus Christi Community Investment Corporation Loan Review Committee, West Side Business Association, former Human Relations Commission, Del Mar College BOD for Former Students Assn, CCISD-BOD for Special Education, and Bario Assn. Recipient of President's Award from West Side Business Association, and Certificate of Excellence from Corpus Christi Caller Times, KRIS TV in recognition of outstanding contributions for the betterment of the citizens of South Texas. (Willing to resign from the Committee for Persons with Disabilities if appointed to this board.) (12116113) Jeremy Coleman 7210 Yaupon Drive, 78414 President and Chief Executive Officer, J. L. Liberty Services. Currently pursuing a B.A. in Business Administration from Del Mar College. Community Activities: Brooks Chapel Early Childhood Center Board (Chairman), Youth Council and Foundation of Corpus Christi (President), National Board Member of Camp Fire U.S.A., State of Texas Student Council Association, and Student Government Association at Del Mar College. (7115113) Carl E. Crull 8025 Villefranche, 78414 Vice President, HDR Engineering, Inc. Received Bachelor of Science in Civil Engineering and Master in Business Administration. Former Assistant City Manager for City of Corpus Christi. Activities include: American Society of Civil Engineers (ASCE), Texas Society of Professional Engineers (TSPE), American Council of Engineering Companies (ACED), Rotary Club and South Texas Botanical Gardens. (6119113) Guy Nickleson 7949 Grizzley, 78411 CEO/Founder, LEAD First Foundation. Received a BA in Marketing from Texas A&M-Corpus Christi. Former Director of the YMCA of the Coastal Bend for 16 years. Also, former Educator with CCISD for 9 years. Activities include: founder YMCA's Youth and Government program, received the "Living the Dream" award by KIII-TV, also awarded The Tom Joiner Show Award for outstanding youth role model, former member City's Commission on Children and Youth, training board for new Police Officers, Mentors Network. Also received awards from HI-ALCO Neighborhood Council and Community Action Agency for work with youth and families. (7/23/13) Jeffrey Pollack 312 Circle Dr., 78412 Environmental Scientist/Project Manager, HDR Engineering. Received a BA in Environmental Science from Northwestern University, and a MS in Coastal Environmental Management from Duke University. At HDR, managed a planning team that created the City's first Integrated Community Sustainability Plan. Activities include: Bay Area Smart Growth Initiative, City Brownfield Redevelopment Committee, TxDOT Tech Advisory Committee for Harbor Bridge, RTA Project Advisory Committee for Long-range plan. (815113) William D. Strawn 5014 Cape Romain, 78412 Retired. Former TxDOT Grant Manager/State Planner. Received BBA in Transportation Management from University of Texas at Austin, an MA in Management from University of Nebraska. Retired USAF Officer. Pilot for U.S. Coast Guard Auxiliary. Activities include: Parkway Presbyterian Church and Finance Committee, Vice- Commander Corpus Christi Flotilla of VSCG Auxiliary, City Ethics Commission member. (Willing to resign from the Ethics Commission if appointed to this board.) (7125113) Theunis (Tim)Voorkamp 7614 Loire Blvd., 78414 Managing Partner/, Corpus Christi Excel Properties Inc. and Nueces Tax Relief. Retired Merchant Marine Captain, Graduate of the U.S. Merchant Marine Academy. Licensed Real Estate Broker, Licensed Property Tax Consultant, and Registered Arbitrator with State of Texas. Activities include: Texas Assn. of Property Tax Professionals, National Association of Realtors, and Texas Real Estate Commission. (7130113) se 0 *4 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 14, 2014 Action Item for the City Council Meeting of January 21, 2014 0ORPOR 11 1852 DATE: January 14, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m i keb(a)-cctexas.com 361-826-3169 Dan Biles, Director of Engineering Services danb(a)-cctexas.com 361-826-3729 F_ Traffic Signal Cabinet Assemblies CAPTION: Motion approving the purchase of ten (10) traffic signal cabinet assemblies from Paradigm Traffic Systems, Inc., Arlington, Texas for a total amount of $82,240. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted by the Engineering Department in FY 2013-2014. PURPOSE: The traffic signal cabinet assembly equipment will be used by Traffic Engineering to monitor and control traffic signals at signalized intersections. BACKGROUND AND FINDINGS: The equipment will be used as needed throughout the City for backup, replacement or upgrades for existing equipment that is at the end of its life cycle. 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. DEPARTMENTALCLEARANCES: Engineering Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $274,190.72 $274,190.72 Encumbered / Expended Amount $20,205.39 $20,205.39 This item $82,240.00 $82,240.00 BALANCE $171,745.33 $171,745.33 Fund(s): Streets Fund Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI BuyBoard - Contract No 360-10 PURCHASING DIVISION Traffic Signal Cabinet Assemblies BUYER: GABRIEL MALDONADO PRICE SHEET COUNCIL DATE: JANUARY 21, 2014 Paradigm Traffic Systems, Inc. Arlington, Texas ITEM DESCRIPTION QTY I UNIT UNIT PRICE TOTAL PRICE 1. NEMA TS-2 Type-1 Traffic Signal Cabinet 10 EA $8,224.00 $82,240.00 Assembly Grand Total $82,240.00 I se 0 *4 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 14, 2014 Action Item for the City Council Meeting of January 21, 2014 0ORPOR 11 1852 DATE: January 14, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(a)-cctexas.com 361-826-3169 Gustavo Gonzales, Director of Water Operations GustavoGo(a)-cctexas.com 361-826-1874 F_ Supply Agreement for Single Port Meter Transmission Units CAPTION: Motion approving a supply agreement with Aclara Technologies LLC, Hazelwood, Missouri for approximately 5,376 single port meter transmission units (MTUs). The award is based on sole source, for an estimated annual expenditure of $473,088 of which $275,968 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve months with an option to extend the contract for up to two additional twelve month periods, subject to the approval of the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013-2014. PURPOSE: These MTUs are used to record and transmit customer consumption of water. BACKGROUND AND FINDINGS: The City currently has approximately 94,000 water meters, of which 276 lack being converted to the Automated Meter Reading (AMR) System. An additional 1,600 MTUs are anticipated through the rest of this fiscal year, due to normal growth. Approximately 3,500 MTUs are needed for routine maintenance throughout the year. ALTERNATIVES: Aclara Technologies LLC is the source manufacturer of the STAR® Fixed Network Automatic Meter Reading System which is currently installed throughout the City of Corpus Christi. 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. DEPARTMENTALCLEARANCES: Water Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,324,000.00 $197,120.00 $1,521,120.00 Encumbered / Expended Amount $281,089.39 $281,089.39 This item $275,968.00 $197,120.00 $473,088.00 BALANCE $766,942.61 $766,942. Fund(s): Water Fund Comments: The $275,968 shown above for the current year represents seven (7) months of expenditures that are estimated to be made in FY 2013-2014. The remaining $197,120 shown for the future years represents five (5) months of expenditures that will be requested during the normal FY 2014-2015 budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION SUPPLY AGREEMENT FOR SINGLE BUYER: GABRIEL MALDONADO PORT METER TRANSMISSION UNITS COUNCIL DATE: JANUARY 14, 2014 Aclara Technologies LLC Hazelwood, Missouri ITEM DESCRIPTION QTY I UNIT UNIT PRICE I TOTAL PRICE 1. Single Port Meter Transmission Units 5,376 EA $88.00 $473,088.00 Grand Total $473,088.00 d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of January 14, 2014 2852 Action Item for the City Council Meeting of January 21, 2014 DATE: December 13, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(aD-cctexas.com 886-2604 Authorization to submit grant application to Texas Department of Transportation for FY2015 Speed and DWI overtime enforcement CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $98,082 for the 2015 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $40,266.75, for a total project cost of $138,348.75, and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant. PURPOSE: Resolution of support for the application is required from the governing body. BACKGROUND AND FINDINGS: Funding is available from TXDOT for a DWI and Speed enforcement overtime grant in the Police Department for 2015. The grant will provide DWI and Speed enforcement across the City with varied days of the week and hours of operation. Officers will be working on an overtime basis, with the City providing $22,666.75 fringe benefits and $17,600 for mileage. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2014- Expenditures 2015 (CIP only) Current Year Future Years TOTALS Line Item Budget 40,266.75 40,266.75 Encumbered / Expended Amount This item 98,082 98,082 BALANCE 138,348.75 138,348.75 Fund(s): Police Grants Fund, Police General Fund Comments: RECOMMENDATION: Staff recommends applying for the grant. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the City Manager or designee to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of$98,082 for the 2015 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $40,266.75, for a total project cost of $138,348.75; and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or the City Manager's designee is authorized to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of$98,082 for the 2015 Comprehensive Selective Traffic Enforcement Project (STEP)within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $40,266.75, for a total project cost of$138,348.75. SECTION 2. The City Manager or the City Manager's designee may accept, reject, agree to alter the terms and conditions, or terminate the grant, if said grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Transportation. ATTEST: - THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas Of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott SC AGENDA MEMORANDUM µ a Future Agenda Item for the City Council Meeting of 01/14/14 Action Item for the City Council Meeting of 01/21/14 DATE: December 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mo(a)cctexas.com 361-826-3460 Execution of interlocal agreement with Corpus Christi Independent School District to share juvenile records CAPTION: Resolution authorizing the City Manager, or designee, to execute an interlocal cooperation agreement with Corpus Christi Independent School District regarding sharing of juvenile records. PURPOSE: The Juvenile Assessment Center and Municipal Court seek approval of an interlocal agreement to share data with CCISD. The shared data will facilitate more efficient service coordination for youth referred or court ordered to the Juvenile Assessment Center, as well as speed up the adjudication of youth appearing before the Municipal Court. BACKGROUND AND FINDINGS: Specific employees from the City of Corpus Christi and CCISD work with children and adolescents who often find themselves in trouble at school and/or the legal system. To provide youth and their families with appropriate and timely services, personnel require access to school and juvenile justice records to develop plans of action that identify needs and delineate goals to be achieved. The data are critical to determining internal and external risk factors that often lead to problematic behaviors. Sharing data is crucial to the City's partnership with CCISD in providing counseling, case management and linkages to other community services that can help turn around youth behaviors and help them thrive in school, at home, and in the larger community. The City Council last approved a similar agreement on August 29, 2006. ALTERNATIVES: Do not approve OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all interlocal agreements. This interlocal agreement is consistent with Parks and Recreation Department's business plan to work with Corpus Christi Independent School District to provide diversion services to their students as a prevention measure to modify juvenile delinquent behaviors and reduce the number of youth subsequently funneled into the juvenile justice system. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Document has been reviewed and cleared by the Director of Parks and Recreation, the Director of Municipal Court, the Municipal Court Presiding Judge, Municipal Court Chief Prosecutor, and Interim City Attorney. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 0 Fund(s): Comments: N/A RECOMMENDATION: Staff recommends that the Council approve the resolution. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Page 1 of 1 Resolution authorizing the City Manager, or designee, to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District regarding sharing of juvenile records. Be it resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager, or his designee, is authorized to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District regarding sharing of juvenile records. A copy of the agreement will be on file in the office of the City Secretary. Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. Attest: City of Corpus Christi Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas of 12014 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott RES-auth CCISD Interlocal for sharing of juvenile records INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CIIRISTI AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT REGARDING SHARING OF JUVENILE RECORDS THIS INTERLOCAL AGREEMENT, liereirtafter referred to as "the Agreement", is made by and between the City of Corpus Christi (hereinafter referred to by name or as "the City"), a home rule city, and the Corpus Christi Independent School District (hereinafter referred to by name or as "CCISD"), pursuant to Chapter 791 of the'Texas Government Code, ARTICLE 1. - CON'T'RACT TERM. This Agreement is for a term of three years. The effective (late of this Agreement is defined as the latest date of signature on this Agreement by the City and CCISD. At least sixty (60) (lays prior to the cad of each term, the parties agree to meet to review the services provided and received under this Agreement, and request as necessary any amendments to accomplish each party's respective goals. ARTICLE 2. — PURPOSE. The purpose of this Agreement is to allow Authorized Representatives of the City and CCISD to share and have secure internet based access to certain juvenile records, subject to the terms and conditions stated herein, for the purpose of providing set-vices to the student or minor and parents whose records and information are being disclose(], in order to better serve juveniles in the community, and to comply with state law reporting requirements. ARTICLE 3. AUTHORIZED REPRESENTATIVES. Each party to this Agreement shall designate one or more employees ("Authorized Representatives") who shall have flull authority to access and properly disseminate certain records and information describe(] herein, all for official purposes only. Each party may monitor the access of the other party's Authorized Representatives to the computer system records, Each Authorized Representative shall acknowledge in writing that lie or she has read this Agreement, and will fully comply with all of the terms and conditions hereof Each party shall provide the other party with a current list of all Authorized Representatives, and shall notify tile other party, as soon as practicable, when an Authorized Representative terminates employment. Tile Acknowledgement form to be executed by CCISD Authorized Representatives is attached as Exhibit A. The Acknowledgment form to be executed by City Authorized Representatives is attached as Exhibit B, ARTICLE 4. ACCESS TO CITY RECORDS. The Corpus Christi III&PCIlderlt School District is granted read-only access to the data elements of the City Municipal Court's management systems related to case filing art(.] case disposition for the sole purpose of determining the status of the following cases filed in Municipal Court: (1) CCISD students charged with Failure to Attend School violations; (2) CCISD students charged with Daytime Curfew violations; (3) Adults charged with Parent Contributing to Non-Attendance of a student enrolled in CCISD; and (4) assault all(] possession of drug paraPliernalia cases filed and thcir dispositions pursuant to Art. 15.27 Code of Criminal Procedure. Information provided shall cove], at least previous two years of data. Data elements to be provide([ are listed oil the attached Exhibit C. Tllc C01-1)US, Christi Independent School District is granted read-only access to tile portions of the City of Corpus Christi Parks and Recreation Departments Community Services Division computer application concerning student identification, school, and offense and case information, This access will be limited to the following CCISD personnel ("CCISD Authorized Rcpresent tit i ves"): I. Director of Student Support Services 2. Secretaries in (lie Office of Student Support Set-vices 3. Attendance Officer(s) 4. CCISD Chief of Police 5. CCISD Police Ueutcnant(s) 6. CCISD Police Sergeant(s) The parties may agree, by written and properly executed addendurn to this Agreement authorized by the City Manager and CCISD Superintendent to expand or modify the records to which CCISD shall have access. ARTICLES. ACCESS TO CCISD RECORDS. CCISD shall allow Authorize(:[ Representatives of the City to have internet based computer access to most recent two years of CCISD records pertaining to attendance, emergency release information, and grades, for those CCISD students who are being processed through the City of Corpus Christi Parks and Recreation Departments Community Services Division or the Corpus Christi Municipal Court. This access will he limited to the following City personnel ("City Authorized Representatives"): 1. City of Corpus Christi Parks and Recreation Depart tile tit's Community Services Division Superintendent I City of Corpus Christi Parks and Recreation Department's Community Services Division Administrative Assistant 3. City of Corpus Christi Parks and Recreation Department's Community Services Division Intake Specialists 4. City of Corpus Christi Parks and Recreation Department's Comn-itinity Services Division Case Managers 5. City of Corpus Christi Parks and Recreation Department's C0111111LIllity Services Division Program Managers G. City of Corpus Christi Municipal Court's Presiding Judge 7. City of Corpus Christi Municipal Court's Juvenile Corill Judge & City of Corpus Christi Municipal Court's Prosecutors and Municipal Court Chief Prosecutor 9. City of Corpus Christi Municipal Court's Clerks 10. City of Corpus Christi Municipal Court's Juvenile Case Managers Tlic parties may agree, by written and properly executed addendum to this Agrecinctit authorized by the City Manager and CCISD Superintendent to expand or modify the records to which Authorized 1Zcprcsentativcs of the City shall have access, In the carrying out of the terms of this Agreement, the City, including the City Authorized 1�epresentatives under this Agreement, agrees that any and all personally identifiable information pertaining to CCISD students provided U11del- this Agreement is confidential information undo federal law and CCISD policy. The City shall not, without written consent of the parents of the student, release or disclose to the public or any third party information or records regarding any District student, As said information is confidential, it shall not be used by the City, or any of its cinployces, agcnts, or representatives, for private purposes, The City acknow1cdges that the unauthorized release of confidential student information or records may subject the individual or entity to criminal and civil penalties, Accordingly, the City will comply with the requirements of District policy pertaining to the confidentiality of student education records, and will comply with the requirements of the Family Education Rights and Privacy Act (F.E,R,P,A. - see 20 U.S.C. § 12328 and 34 C.F.R. § '90, ct seq.) and, as applicable the Individuals with Disabilities Education Act, specifically 20 U.S.C. §§ 1412(a)(8), 1417(c), and see 34 C.F.R. §300.623. The City further agrees that any confidential student information or records it obtains pursuant to the performance of this Agreement will be destroyed afler the need for such information or records ceases to exist. However, any information required to be filed with the Municipal Court pursuant to court order shall be maintained and released pursuant to applicable juvenile law under the Texas Code of Criminal Procedure and the Texas Family Code. With the exception of information required to be filed with the Municipal Court INUSUallt to court order, the City further agrees that its City Authorized Representatives and/or the CCISD Authorized lZepresentatives will seek and obtain written authorization fi•om the appropriate parent, guardian or majority student k)r the release of personally identifiable education record infbrination to the City Authorized Representatives in relation to this Agreement in advance of the release. ARTICLE 6. — ACCESS. The parties agree to work together to allow Authorized Representatives of each party to have secure internet based computer access to juvenile and criminal records described herein via web based applications. Each party shall be responsible for its costs to develop its respective web based application. Each party shall take actions it deerns necessary to protect its data, including data encryption. CCISD records are available upon completion of CCISD training, City will allow secure internet based computer access of juvenile records. ARTICLE 7 —TRAINING. Prior to access being granted, the owner of the web based application shall provide training to the Authorized Representatives of the other party. Thereafter, the owner of the web based application shall provide annual training to the Authorized Representatives ofthe other party. ARTICLE 8. - PERMISSIBLE USES OF CCISD RECORDS. Authorized Representatives of the City may only use the information obtained fi-om C.C.I.S.D. juvenile records for the following permitted purposes: A. To obtain parent/guardian, address, telephone and e-mail information of juvenile cases filed 'It Municipal Court for prosecution; for juvenile cases referred to the Municipal Court by a school administrator or designee, prior to a case t6l' MiSCOudtld that Would otherwise be within the court's statutory powers being Filed, for prevention and/or intervention services by juvenile case managers , as required by the Code of Criminal Procedure, Chaptcr 45.056; cases processed at the City of Corpus Christi Parks and Recreation Departments Community Services Division; and cases that are classified as Class C misdemeanors an(:[ are referred to the City of Corpus Christi Parks and Recreation Departments Community Services Division for case management services prior to being tiled with the Municipal Court. B. To obtain the following information for cases filed at Municipal Court, for prOSCCUti0n; for juvenile cases referred to the Municipal Court by a school administrator oi-designee, prior to a case for misconduct that would otherwise be within the court's statutory powers being filed, for prevention and/or intervention services by juvenile case managers , as required by the Code of Criminal Procedure, Chapter 45,056; cases processed at, City of Corpus Christi Parks and Recreation Departments Community Services Division and cases that are classified as Class C misdemeanors and are referred to the City of Corpus Christi Parks and Recreation Departments Community Services Division for case management services prior to being filed with the Municipal Court: • Home school • 1--lone school counselor • District Alternative Education Program counselor • Grades • Attendance records • Discipline history • Offense history • Eligibility for special education services and if set-vices are received C. To report Municipal Court dispositions, and, Municipal Court prevention and/or intervention service findings and/or conclusions, or City of Corpus Christi Parks and Recreation Departments Community Services Division OWCOJI-IeS in aggregate form. ARTICLE 9. PERMISSIBLE USES OF CITY RECORDS. Authorized Representatives of CCISD may only obtain and use records from the City to determine the status of the following: X (1) CCISD students charged with Failure to Attend Scliool violations; (2) CCISD students charged with Daytime Curfew violations; (3) Adults charged with Parent Contributing to Non-Attendance of student enrolled in CCISD; and (4) Assault and possession of drug paraphernalia cases filed and their dispositions pursuant to Art. 15.27 Code of Criminal Procedure. 13, Parent/guardian and student address, telephone and e-mail intbrination ot'juvenile cases filed at Municipal Court, for prosecution; for juvenile cases referred to the Municipal Court by a school administrator or designee, prior to a case ror misconduct that would otherwise be within the court's statutory powers being filed, for prevention and/or intervention services by juvenile case managers , as required by Article 45.056, Code of Criminal Procedure; cases processed at the City of Corpus Christi Parks and Recreation Departments Community Services Division, and cases that are classified as Class C misdemeanors and are referred to the City of Corpus Christi Parks and Recreation Departments Community Services Division lbr case management services prior to being filed with the Municipal Court. ARTICLE 10. - ADDiTIONAt, RESTRICTIONS. Neither party nor its Authorized Representatives shall release or disclose to the public, or any third party, any records or information of the other Party, except as required by State or Federal law. Each party shall take all steps necessary to ensure that the records are only viewed by Authorize(.] Representatives for the permissible uses stated herein. Each party understands that the unauthorized release of juvenile and criminal records may subject one to criminal and civil penalties. Accordingly, each party will educate and inform its staff regarding permissible uses of the juvenile and criminal records obtained from the other party. The parties further agree that the information or records disclosed or obtained pursuant to this Agreement will be retained by the receiving party in a manner and for such times in accordance with the applicable record retention laws identified by each Party after the need for such information ceases to exist. Pursuant to applicable laws -,in([ regulations, the City anticipates that it will retain the CCISD records provided under this Agreement until the latter of the following dates: Sixty(lays after end of City fiscal year in which Defendant turns 17; or Sixty(lays after end of City fiscal year in which Defendant's case is closed. Documents filed with the Municipal Court will be maintained and purged in accordance with State records retention schedules. ARTICLE 11. — TERMINATION. This Agreement may be terminated by any of the following occurrences: A. By mutual agreement and consent in writing by both parties; B. By either party upon thirty (3 0) (lays written en not ice to the other party; C. By either party upon the failure of the other party to fulfill its obligations as set forth in this Agreement. ARTICLE 12. — AMENDMENTS. Any and all changes to this Agreement may be enacted by written amendment or addenclum properly executed by the appropriate representative of each party. ARTICLE 13. —ASSIGNMENT. Neither party shall assign, sublet or transfer its interests in this Agreement without the prior written consent of the other party. ARTICLE 14. — NOTICES. All notices from either party to the other required under this Agreement shall be personally delivered or mailed to such party at the following address: For the City: City of Corpus Christi Attn: Di•ectorot'Municipal Courts 120 N. Chaparral Street Corpus Christi, Texas 78401 With C01)y to: City Of Corpus Christi Attn: Director of Parks and Recreation P. 0, Box 9677 Corpus Christi, Texas 78401 For CCISD: Corpus Christi Independent School District Attn: Superintendent 801 Leopard Street Corpus Christi, Texas 78401 ARTICLE 15, - DUPLICATE ORIGINALS. The parties to this Agreement have signed duplicate original counterparts. ARTICLE 16. - APPROPRIATION OF FUNDS. The City and CCISD agree that the performance of each is subject to the ability of the parties to provide or pay for the services required L111derthis Agreement. The City and CCISD acknowledge that this Agreement between them is entered into in accordance with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In accordance with said Act, the parties hereto acknowledge that any payments made pursuant to the terms of this Agreement shall be made from current revenues available to the paying party, and any future payments are subject to appropriations. WHEREAS, the City of Corpus Christi and the Corpus Christi Independent School District agree to the terms its set forth above, this Agreement shall be effective upon ftlll CXCCUtiOu of the Agreement by the proper authorities of each entity, aftcrapproval by the proper authorities of each entity. AGREED TO BY: CI'TIY OF CORPUS CHRISTI CORPUS CHRISTI I.S.D. Ronald L. Olson D. Scott Elliff, Ecl.D. City Manager Superintendentpf Schools Date: Date: Approved as to legal form: Approved as to legal form: By: By; Lisa Aguilar John J. anss as Interim City Attorney General Co asel for CCISD Brian .n , , C.P.M Director for Purchasing and Distribution EXI-IlBi,r A ACKNOWLEDGMENTFORMTO BE EXECUTED 13Y CCISD AUTHORIZED REPRESENTATIVES have been designated as an Authorind Representative for CCISD, to allow me to receive read only computer access to certainjuvenile information of the C,OrJ)US Christi MU11i0ij)al Court. I have received and read a copy of the Interlocal Agreement executed between the City of Corpus Christi and CCISD regarding sharing of juvenile records, and I agree to abide by its terms and conditions. I agree to access the COI•I)LIS Christi Municipal Court information for the sole purpose of determining the status of following cases filed it) Corpus Christi Municipal Court: (1) CCISD students charged with Failure to Attend School violations; (2) CCISD students charge(] with Daytime Curfew violations; (3) Adults charged with Parent Contributing to Non-Attendance of a student enrolled in CCISD; and (4) Assault and possession of drug paraphernalia cases filed and thei• dispositions pursuant to Art. 15.27 Code of Criminal Procedure, I understand and agree that utilizing such information for any otlicr Purpose is prohibited. I understand and agree that prohibited uses of City information include but are not limited to the following: A. UtiliZillg the COMI)LIter SySteIII to obtain information about family, ftiends, neighbors, co- workers, or anyone when said information is not related to my official duties; B. Distributing information obtained fi-om the computer system without authorization; C. Sharing information obtaincd fi-om the computer system with someone who does not have ail official need to know about the information; D. Disclosing my access code; E. Entering any int6rination onto or deleting any information froin any record of the computer system; F. Failing to log off'of the computer system before leaving the work area; Each access code assigned by the City is for the sole use of the person to whom the access code was assigned. The access code is not to be used by or revealed to any other person. I understand that unauthorized use of an access code is prohibited. I acknowledge that unauthorized access or disclosure of City records may subject irie to civil and criminal penalties. Employee Signature: Date: Employee's Name (printed): Title: Email Address: Supervisor's Signature: Date: EXIIJBIT13 ACKNOWLEDGMEN'r FORM TAD 13E EXECUTED BY CITY OF CORPUS CHRISTI AUTHORIZED REPRESEINTATIVE,S have been designated as an Authorind Representative for the City of Corpus Christi, to allow me to receive read only computer access to certain CCISD student information. I have received and read a copy of the Interlocal Agreement executed between the City of Corpus Christi and CCISD, regarding sharing of juvenile records, and I agree to abide by its terms and conditions. I agree to access the CCISD computer system for internet based computer access to CCISD records pertaining to attendance, emergency release information, and grades, only for those CCISD students who are being processed through the City of Corpus, Christi Parks and Recreation Departments Community Services Division or the Corpus Christi Municipal Court, only when necessary as part of my official duties. I understand and agree that utilizing such itiffirmation for any other purpose is prohibited. l understand and agree that prohibited uses of CCISD information include but are not limited to the following: A. Utilizing the computer system to obtain information about family, friends, neighbors, co- workers, or anyone when said information is not related to my official duties; B. Distributing information obtained ftom the computer system without authorization; C, Sharing information obtained fi-oill the computer system with someone who (toes not have an official need to know about the information; D. Disclosing my access code; E. Entering any information onto or deleting any information from any record of the computer system; F. Failing; to log off of the computer system before leaving the work area; Each access code assigned by CCISD is for the sole use ofthe person to whom the access code was assigned. The access code is not to be used by or revealed to any other person. I understand that unauthorized use of an access code is prohibited. I acknowledge that unauthorized access or disclosure of CCISD records may subject nic to civil and criminal penalties, and to employee discipline, up to and including termination. I certify that I will not disclose or otherwise use any CCISD student information except as specifically permitted herein. Employee Signature: Date: Employee's Name (printed): Title: Email Address: Phone: Supervisor's Signature: Date: EXHIBIT Data Elements to be provided by City to CCISD Include the WIOWing: A. CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENTS COMMUNITY SERVICES DIVISION REPORT * Social Security Number if available * Last name * First name * Date of birth * School/Grade * Offense code * Description of offense * Date (when student went to City of Corpus Christi Parks and Recreation Departments Community Services Division) * Case number * Gang affiliation Above requested for CCISD students only, with initial sort by school and last name, CCISD requests ability to sort on any reported column, and ability to look up information based on any field. E. COURT DOCKET * Date * Attendance officer * Case number * Offense code * Description of o ffense * School * Defendant * Student Name * Time ® Social Security Number ® Gang Affiliation (if available) CCISD requests ability to sort by school and last name. Ability to sort on any reported column; ability to look up information based Oil Court date; and or attendance officer. C. LIST OF VIOLATORS • Date • Attendance officer • Case number • Offense code • Description of offense • School • Defendant * Student name * Time * Modified COL111 Order * Social security number * Gang affiliation (ifavailable) CCISD requests ability to sort by school and last name; ability to sort on any reported COIL111111; ability to look tip information based on court date; and or attendance officer. D. REQUEST FOR STANDARDIZED REPORTS 1. Court Orders: a., Rel)ort on individual student b, Look-up by name or student's social sccurity number 2. Student History Report a. Based on Student Name or SSN b. TrUancy Information cv f� AGENDA MEMORANDUM OR ARSE Future Item for the City Council Meeting of January 14, 2014 Action Item for the City Council Meeting of January 21, 2014 DATE: December 13, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of Municipal Information Services MichaelAr@cctexas.com 361-826-3735 Professional Services Agreement to upgrade Police Department's Intergraph Computer Aided Dispatch, Mobile to Mobile Public Safety, and Intergraph Law Enforcement Agencies Data and Records Manaaement Svstem Software. CAPTION: Motion authorizing the City Manager, or designee, to approve the purchase of Intergraph Computer Aided Dispatch, Mobile to Mobile Public Safety and Intergraph Law Enforcement Agencies Data and Records Management System software upgrade services from Intergraph Corporation Security, Government and Infrastructure of Madison, Alabama for an estimated expenditure of$439,135.00 including first year maintenance. Maintenance will automatically renew upon payment of annual fee. Funds have been budgeted by Municipal Information Systems Department in FY 2013-2014. PURPOSE: This will upgrade the current Intergraph software from version 8 to version 9. BACKGROUND AND FINDINGS: The City would like to enter into an agreement with Intergraph Corporation Security, Government and Infrastructure, Inc. to upgrade the Intergraph Computer Aided Dispatch (I/CAD), Mobile to Mobile Public Safety (MPS), and Intergraph Law Enforcement Agencies Data and Records Management System (I/LEADS-RMS) software. This agreement will upgrade the current software from version 8 to version 9. The City of Corpus Christi purchased several Intergraph Corporation systems in December 2006. Computer Aided Dispatch is a centralized computer system by which information is received from the public through 911 and dispatched to emergency responders in the field. Mobile Public Safety is a distributed computer system by which emergency responders in the field receive dispatch information and routing information to respond to emergency requests from the public. The Records Management System (RMS) is a computerized system that serves as a repository of information the Police Department uses for offense reports, traffic reports, arrest records, supplemental reports and stores the master vehicle, person and property records. The Computer Aided Dispatch and Mobile Public Safety systems are utilized by all uniformed and civilian personnel within the police and fire departments. The Records Management System is utilized by all uniformed and civilian personnel within the police department and the police department's partners in information sharing. The upgrade for the Records Management System provides the following enhancements; record association, case management, locking and securing records, Uniform Crime Reporting (UCR) and the ability to transfer data between modules. The upgrade for Computer Aided Dispatch system provides the following enhancements; single sign-on and domain verification, monitor layouts and filtering, response plans, significant improvements in the web interface and improvements in the map roll process. The upgrade to the Mobile Public Safety system provides the following enhancements; encryption and failover support, advanced customization, log file capturing and routing. All systems will add support for Windows 7 and Server 2008R2. There is a supporting agenda item to this one that will affect the migration from Oracle database environment to Microsoft SQL Server database environment and will aid in flexibility and disaster recovery. ALTERNATIVES: Continue operation without the upgrade. OTHER CONSIDERATIONS: NA CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 439,135.00 48,960.00 488,095.00 Encumbered / Expended Amount This item 439,135.00 48,960.00 1 488,095.00 BALANCE 01 01 0 Fund(s): Municipal Information Services Comments: Total cost of the contract is $488,095.00. Funds have been budgeted for this expense in Fiscal Year 2013-2014 and will be available in 5210-40495-530000, Professional Services. The $48,960 shown above for years two through five of the agreement will be requested during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Intergraph Statement of Work Price Quote for Corpus Christi, TX Valid through 01/31/2014 13-CorChris_TX 1 CAD -Mobile Upgrade US$ US$ US$ CAD Database Server #1 Exchange I/Exec and I/Exec 2 for I/Executive for High Availability (SXMA212) Monitors CAD system transactions. Includes ANI/ALI 1 - Included at no additional cost BlDirect for CAD (I/ExecutiveHA) (SBND3080L) 1 $ 18,000 $ 18,000 $ 4,140 Mobile Data Computers Exchange I/Mobile CC for Mobile for Public Safety CC (SXMA0080) 154 - Included at no additional cost Services Project Management Services 1 $ 70,800 $ 70,800 CAD Upgrade Services 1 $ 49,678 $ 49,678 BI Direct Implementation Services 1 $ 5,400 $ 5,400 CAD Cutover Services 1 $ 15,900 $ 15,900 CAD Post -Cutover Services 1 $ 9,000 $ 9,000 CAD Services for Oracle to SQL Migration 1 $ 5,400 $ 5,400 CAD Interfaces Implementation Services 1 $ 69,187 $ 69,187 CAD Interfaces Post -Cutover Services 1 $ 7,000 $ 7,000 CAD Interface Cutover Services 1 $ 12,900 $ 12,900 I/LEADS RMS Upgrade Services 1 $ 75,195 $ 75,195 RMS Services for Oracle to SQL Migration 1 $ 34,715 $ 34,715 Training Services I/CAD Delta Training (IPST5001) 1 $ 15,150 $ 15,150 MPS Workflow and Configuration Workshop (IPST2502) Police 1 $ 13,450 $ 13,450 MPS for Trainers (IPST2503) Police 1 $ 11,750 $ 11,750 Shipping, Installation, Bonds, Escrow, Insurance, Warranty Shipping and Insurance 1 $ 20 $ 20 Sub -Total Exclusive of Discount, Maintenance, Options & Taxes $ 413,545 $ 4,140 One Time System Discount for initial purchase only 1 $ (120,150) Grand Total Exclusive of Taxes Tax Exemption assumed $ 293,395 $ 4,140 i - (Project management and implementation services are estimated. Third party product prices are valid for only 90 days. Intergraph can provide a fixed quote when optional items are selected.) Optional RMS I/LEADS Upgrade Services: I/LEADS Reassessment (IPST3102C) 1 $ 13,500 $ 13,500 Optional Mobile Responder Solution: Mobile Responder Server (1-250 users) Bundle (SBND3201L) 1 $ 20,000 $ 20,000 $ 4,404 Mobile Responder Server Tablet - 10 Client Access Licenses (IPS3204A) 2 $ 3,000 $ 6,000 $ 1,320 CorpusChristi_CAD-MPS RMS UPG $Q1025131ps1$.xlsm Intergraph Confidential and Proprietary Information Page 1 of 2 Price Quote for Corpus Christi, TX Valid through 01/31/2014 13-CorChris_TX 1 CAD -Mobile Upgrade US$ US$ US$ Mobile Responder Implementation Services 1 $ 9,000 $ 9,000 PM Services for Mobile Responder 1 $ 1,100 $ 1,100 Optional Third Party: MS SQL Server 2008 R2 EE Runtime (Processor) (E66-00165) - CAD Server 1 - Dual Processor 2 $ 13,966 $ 27,932 $ 5,472 Microsoft SQL Server EE RUNTIME 2008 (No Charge) (E66-00152NC) - CAD Server 2 - Dual Processor 2 - Included at no additional cost MS SQL Server 2008 R2 EE Runtime (Processor) (E66-00165) - CAD Server 3 - Dual Processor 2 $ 13,966 $ 27,932 $ 5,472 MS SQL Server 2008 R2 SE Runtime (Processor) (E65-00175) - Test Server - Dual Processor 2 $ 3,754 $ 7,508 $ 1,440 MS SQL Server 2008 R2 EE Runtime (Processor) (E66-00165) - Map Server - Dual Processor 2 $ 13,966 $ 27,932 $ 5,472 MS SQL Server 2008 R2 EE Runtime (Processor) (E66-00165) - RSM Server 1 - Dual Processor 2 $ 13,966 $ 27,932 $ 5,472 Microsoft SQL Server EE RUNTIME 2008 (No Charge) (E66-00152NC) - RSM Server 2 - Dual Processor 2 - Included at no additional cost Optional Services and Training: WPF Configuration Services 1 $ 5,400 $ 5,400 I/CAD Reassessment (IPST2006) 1 $ 15,150 $ 15,150 BI Direct Sys Admin Training (IPSTCUSTTRN-1) 1 $ 7,500 $ 7,500 BI Direct User Training (IPSTCUSTTRN-2) 1 $ 9,200 $ 9,200 PM Services for Optional Training/Services 1 $ 17,600 $ 17,600 I/Informer Query Forms Design (IPST3109) 1 $ 11,750 $ 11,750 Optional EdgeFrontier Solution: EdgeFrontier Centralized Platform (IPS2042) - Includes five connections 1 $ 15,000 $ 15,000 $ 3,468 Ingr EdgeFrontier Development (IPS2042DEV) 1 $ 15,000 $ 15,000 $ 3,468 EdgeFrontier Developer Training (SPR-EF9001DEVTRN) 1 $ 16,200 $ 16,200 PM for EdgeFrontier Software/Services 1 $ 2,200 $ 2,200 EdgeFrontier Connector Pack (IPS2042A) - Five additional connections per pack 1 $ 5,000 $ 5,000 $ 1,164 Notes: 1. Customer will be responsible for any difference in maintenance price with the exchange of UExec and I/Exec2 licenses (IPS0001 and IPS0007) to UExec HA (IPS0001HA) licenses. 2. Customer will be responsible for any difference in maintenance price with the exchange of I/1V1obile (IPS0038) licenses to Mobile for Public Safety (IPS0080) licenses. 3. Intergraph requires remote access to the customer's servers to complete this effort as quoted. 4. Estimated first year software maintenance has been included in this quote. Actual maintenance price will be charged based on maintenance contract renewal date. 5. Intergraph sells SQL Server and BizTalk pursuant to an agreement with Microsoft Corporation. There is no allowance under Intergraph's Microsoft agreement for reinstating maintenance on the Microsoft licenses that has lapsed, either by paying back maintenance or by paying a discounted price to reinstate maintenance, due to customer's failure to renew maintenance prior to the expiration date of customer's maintenance agreement. Microsoft only allows Intergraph to provide maintenance (including upgrades of the Microsoft products) to end users as a renewal of coverage WITHOUT LAPSE IN COVERAGE. Therefore, customers who do not renew maintenance on the Microsoft products through Intergraph before expiration of the then current maintenance agreement shall be required to re -purchase the licenses for SQL Server and/or BizTalk at the then current list price of those products, plus one year of maintenance coverage from the date of re -purchase 6. Sales tax is not included in this quote. Final sales tax billed will reflect the applicable tax rates at time of sale as required by law. CorpusChristi_CAD-MPS RMS UPG $Q1025131ps1$.xlsm Intergraph Confidential and Proprietary Information Page 2 of 2 cv f� AGENDA MEMORANDUM OR ARSE Future Item for the City Council Meeting of January 14, 2014 Action Item for the City Council Meeting of January 21, 2014 DATE: December 13, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of Municipal Information Services MichaelAr@cctexas.com 361-826-3735 Purchase Microsoft Structured Query Language (SQL) Server 2012 Enterprise Core Edition Licenses for the Intergraph Upgrade CAPTION: Motion authorizing the City Manager, or designee, to approve the purchase of Microsoft SQL Server 2012 Enterprise Core Edition licenses, for the Intergraph upgrade, from SHI Government Solutions for$142,441.60. SHI Government Solutions is a State of Texas authorized Department of Information Resources certified vendor, contract DIR-SDD-2503. Funds have been budgeted by Municipal Information Systems Department in FY 2013-2014. PURPOSE: This will provide the City with Enterprise level licenses of Microsoft SQL Server 2012 databases necessary for the Intergraph upgrade. BACKGROUND AND FINDINGS: This purchase goes with the Intergraph upgrade agenda item but it will enable use of this database platform starting with the Intergraph upgrade and later as we continue the migration from the Oracle database environment to the Microsoft SQL Server database environment. In addition, this move will aid in flexibility and disaster recovery. Later this year, when the City renews Microsoft licensing city-wide, annual maintenance, software assurance for Microsoft SQL Server 2012 will be included. ALTERNATIVES: Continue operation using Oracle database and not migrate to Microsoft SQL Server 2012 database. OTHER CONSIDERATIONS: NA CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 CIP only) Current Year Future Years TOTALS Line Item Budget 142,441.60 142,441.60 Encumbered / Expended Amount This item 142,441.60 142,441.60 BALANCE 01 01 0 Fund(s): Municipal Information Services Comments: Total cost of the contract is $142,441.60. Funds have been budgeted for this expense in Fiscal Year 2013-2014 and will be available in 5210-40495-530000, Professional Services. Later this year, when the City renews Microsoft licensing city-wide, annual maintenance, software assurance for Microsoft SQL Server 2012 will be included. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: SHI Government Solutions quote#7311987 Pricing Proposal Quotation#: 7311987 ih� Created On: 11/14/2013 Valid Until: 1/31/2014 CITY OF CORPUS CHRISTI Inside Account Manager Richard Soliz Meghan Reedy 1201 Leopard St. 1301 South Mo-Pac Expressway MIS Suite 375 Corpus Christi,TX 78401 Austin,TX 78746 United States Phone: 1-800-870-6079 Phone: (361)826-3420 Fax: 512-732-0232 Fax: Email: Meghan_Reedy @shi.com Email: Richard @cctexas.com All Prices are in US Dollar(USD) Product Qty Your Price Total ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 Microsoft SQL Server 2012 Enterprise Core Edition-License-2 cores -Select, 16 $8,902.60 $142,441.60 Select Plus-Win-Single Language Microsoft-Part#:7JQ-00356 ....................................................................................................................... Total $142,441.60 Additional Comments .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Thank you for choosing SHI Government Solutions. The Products and Services above are available from SHI Government Solutions via DIR Contract#DIR-SDD-2503. .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/returnpolicy, unless there is an existing agreement between SHI and the Customer. SC ' AGENDA MEMORANDUM G ' First Reading Ordinance for the City Council Meeting of January 14, 2014 µry° Second Reading Ordinance for the City Council Meeting of January 28, 2014 DATE: January 8, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of Municipal Information Services MichaelAr@cctexas.com 361-826-3735 Purchase Twelve Months of Monthly Access Fees from SunGard Public Sector, Inc. CAPTION: Motion authorizing the City Manager or designee to purchase from SunGard Public Sector, Inc. of Lake Mary, Florida, twelve months of Monthly Access Fees, providing continued hosting services for all current SunGard applications, in the amount of$345,258.12 over the twelve month period. Following the initial term, Services will be provided on a year-to-year basis provided the City exercises the option and pays the then current Monthly Access Fee. PURPOSE: Continue having SunGard Public Sector, Inc provide hosting services for all current SunGard applications until all are migrated to Infor applications. BACKGROUND AND FINDINGS: The city purchased system hosting services from SunGard Public Sector beginning December 2008. Five years later the city is in the process of replacing all SunGard and PeopleSoft applications with Infor applications. The projected time-frame for completion of this project is November 2015. The purchase of twelve months of SunGard hosting services will enable the City to continue using the current applications until they have been replaced. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Department and Office of Management and Budget. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 201,400.57 143,857.55 345,258.12 Encumbered / Expended Amount This item 201,400.57 143,857.55 345,258.12 BALANCE 01 01 0 Fund(s): Municipal Information Services Comments: Total cost of the contract is $345,258.12. Funds have been budgeted for this expense in Fiscal Year 2013-2014 and will be available in 5210-40470-530160, Rentals. The monthly access fees shown above for months eight through twelve of the agreement will be requested during the normal budget process. Following the initial term, Services will be provided on a year-to- year basis provided the City exercises the option and pays the then current Monthly Access Fee. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supplement to the SunGard Public Sector Inc. Application Service Provider Agreement DocuSign Envelope ID:r6rBBB1 B86-BD32-4F81-B2C9-EC89�4E9A9732 Supplement to the SunGard Public Sector Inc. Application Service Provider Agreement Schedule A - Order Form This Schedule A-Order Form is entered into under the terms and conditions of the SunGard Public Sector Inc. Application Service Provider Agreement dated November 18, 2008 (Agreement), between SunGard Public Sector Inc. (SunGard Public Sector) and City of Corpus Christi, TX (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. Customer Name: City of Corpus Christi, TX Yes No kFReplacement nitial Order Form X Agreement Number: CORP-1 276LG-1 30900-1 Order Form X 1. Initial Term: Begins March 1, 2014 and expires twelve (12) months from the date the initial Monthly Access Fee is due under this Schedule A—Order Form. 2. Application Groups: Monthly Access Fees Applications and/or Services Monthly Access Fee Existing Products Building Permits(BP),Business Licenses(OL),Code Enforcement(CE), $28,771.51 (Currently Licensed) Planning&Engineering(PZ),Land Parcel Management(LX),Customer Information Systems(CX),Work Orders/Facility Management(WF),Contact Management(CZ),Cash Receipts(CR),Accounts Receivable(MR),Loans (LN),Contract Billing(CB)Voice Response for BP Interface(V1),Voice Response for CIS Interface(V2),CIS Credit Card Interface,Click2Gov Core (K1),Click2Gov Code Enforcement(KO),Click2Gov Customer Information Systems,Click2Gov Building Permits(K3),Click2Gov Business Licenses (K6),Click2Gov Planning&Engineering(K7),C2G Building Permits Wireless, ,QRep Catalogs-LX,WF,CR,CX,MR,BP,OL,CE,PZ,One Point Core(KL), Electronic Plan Review(EP), EPlan Review BP Interface-EU,Document Management Services(DX) Existing Products Test Server:Click2Gov Core,Click2Gov Code Enforcement,Click2Gov Included in (Currently Licensed) Customer Information Systems,Click2Gov Building Permits,Click2Gov Monthly Fee Business Licenses,Building Permits Wireless,Click2Gov Planning/Engineering Third Party Products Qrep Admin(2)and Qrep End User(13)Licenses-(existing),Looking Glass Included in Viewer,Looking Glass Centralized Address Manager,Looking Glass Monthly Fee Community Maintenance,Oracle(BEA)Weblogic Express Basic Edition LF (B",Imaging Interface Community Retrofit Maintenance 70 billable objects @$100 per object or$7,000 per year Included in Monthly Fee Hardware Allocation VPN Concentrator Option to include management and configuration VPN Included in tunnel, Click2Gov Hardware and software(Production&Test)will be hosted Monthly Fee and managed by SunGard Public Sector. Services Setup,Implementation, HELP Card,Disaster Recovery Plan for SunGard Included in Public Sector applications,ASP Service Bureau Monthly Fee Test Environment Creation of a Test Environment and up to 4 data refreshes per year;On Included in demand refresh-one time fee of$600 with appropriate planning time Monthly Fee (requires a minimum of 10 business day advance notice) Concurrent Sessions-Monthly 40 $150 per user Included in Monthly Fee Total Proposed System: $28,771.51 APPLICABLE TAXES ARE NOT INCLUDED IN THIS SCHEDULE,AND, IF APPLICABLE,WILL BE ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER. *Number of Concurrent Sessions listed above used in the calculation for the Monthly Access Fees. Changes to the number of Concurrent Sessions may impact the Monthly Access Fee. SunGard Public Sector ASP Agreement Rev. 1.01.10 Page 1 of 3 1/6/2014 DocuSign Envelope ID:x611313131 B86-BD32-4F81-B2C9-EC89�4E9A9732 �7 UNCIARW U S E C I 3. Payment Terms: Monthly Access Fee: The initial Monthly Access Fee will be due March 1, 2014. Subsequent Monthly Access Fees will be due on the first of the month thereafter. Monthly Access Fees will be invoiced in advance on a monthly basis for a term of twelve (12) months at the rates listed below. Months 1 — 12 $28,771.51 per month or$345,258.06 per year; Following the initial term, Services will be provided on a year-to-year basis provided the Customer exercises the option and pays the then current Monthly Access Fee. Travel and Living Expenses: Travel and living expenses are in addition to the prices quoted above and will be invoiced as incurred and shall be governed by the SunGard Public Sector Corporate Travel and Expense Reimbursement Policy. Travel and living expenses actually incurred in prior months for which SunGard Public Sector is seeking reimbursement, shall also be invoiced monthly. Notes: 1 Monthly Access Fees listed above are for the Applications and Services listed in this Schedule A-Order Form only. 2 Following the execution of this Schedule A-Order Form, any new Modification Retrofits provided by SunGard Public Sector will be added to the next annual renewal period, pursuant to Section 4 below. 4. Modification Retrofits. For each non-standard Application in library HTEMOD that was written by SunGard Public Sector or any Application that has had custom modifications performed by SunGard Public Sector at the Customer's request, SunGard Public Sector will perform all necessary programming to ensure that the program is compatible with each new software release, version, or program temporary fix made available by SunGard Public Sector. Fees for Modification Retrofits to be maintained are determined on an annual basis. This determination is based upon the number of modified objects prior to the beginning of each annualized ASP Term multiplied by the then current rate charged per object. 5. Hardware. Customer is responsible for providing the DMS server. The DMS server is owned by Customer and shall reside at Customers site for ease of management. The Click2Gov Server shall reside at a SunGard Public Sector data center. The Click2Gov Server is owned by SunGard Public Sector and is not the property of the Customer. The VPN Concentrator Option includes a router, which will be provided by SunGard Public Sector to Customer. The router is, and shall remain, the property of SunGard Public Sector. 6. Third Party Products -Software and Hardware. 6.1. Grant of Third Party Licenses. Where applicable, SunGard Public Sector grants to Customer a personal, non-transferable, non-exclusive, limited-scope sublicense to use, in accordance with the license, use and confidentiality restrictions and other provisions of this Agreement, the third party software set forth on Schedule A ("Third Party Software Products") subject to the following additional conditions: (i) the Third Party Product shall be used only in conjunction with any permissible use of the Application software specifically authorized hereunder, and (ii) the Third Party Products shall be used only in accordance with the Third Party Products documentation. SunGard Public Sector ASP Agreement Rev. 1.01.10 Page 2 of 3 1/6/2014 DocuSign Envelope ID:x611313131 B86-BD32-4F81-B2C9-EC89�4E9A9732 �7 UNCIARW U S E C I 6.2. Third Party Products. During the term of this Agreement, SunGard shall use reasonable efforts to provide Customer the benefit of all indemnities and warranties granted to SunGard Public Sector by the licensor(s) or manufacturer(s) of the Third Party Products, to the extent possible without additional cost to SunGard Public Sector, as and if permitted by SunGard Public Sector's agreement with the licensor of the Third Party Products, and to the extent such warranties and indemnities pertain to Customer's use of the Third Party Products hereunder. In the event of any defect in any Third Party Products supplied by SunGard Public Sector, SunGard Public Sector will use commercially reasonable efforts to replace or correct the Third Party Products without charge, unless it has been damaged or corrupted after supply by SunGard Public Sector (including, but not limited to, damage caused by incorrect use, incorrect voltage or attempts to modify the Software or Third Party Products). If such damage or corruption has occurred after supply by SunGard Public Sector, SunGard Public Sector reserves the right to refuse to replace or correct the Third Party Products or to impose charges for so doing. Provided that SunGard Public Sector complies with this provision, it shall face no further liability with respect to any defect in any Third Party Products. 7. Appropriation of Funds. Customer believes that sufficient funds can be obtained to pay all amounts due SunGard Public Sector throughout the term of this Agreement and hereby covenants and agrees that it will make appropriate requests for budget appropriations for the fiscal years in amounts as specified above. Customer further agrees that said funds, once appropriated, will be maintained and expended for the expressed purpose of acquiring from SunGard Public Sector the services set forth above. In the event sufficient funds are not appropriated, budgeted or are otherwise legally unavailable, Customer shall immediately notify SunGard Public Sector in writing of such occurrence and SunGard Public Sector will respond with an amendment that this Agreement or the appropriate executor portions thereof, is terminated. Should there be any premature termination of this Agreement, Customer shall be responsible to pay a) for any services delivered by SunGard Public Sector prior to the notice. SunGard Public Sector shall not be obligated to provide any services for which payment has not been appropriated. City of Corpus Christi, TX SunGard Public Sectorinc. r'Do'c_uSigned by: BY: BY: r,�t,VtS (,6"aA PRINTED NAME: PRINTED NAME: Chris Coleman PRINTED TITLE: PRINTED TITLE: vice President & CFO DATE SIGNED: DATE SIGNED: 1/6/2014 SunGard Public Sector ASP Agreement Rev. 1.01.10 Page 3 of 3 1/6/2014 cv f� AGENDA MEMORANDUM OR ARSE Future Item for the City Council Meeting of January 14, 2014 Action Item for the City Council Meeting of January 28, 2014 DATE: December 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of Municipal Information Services MichaelAr@cctexas.com 361-826-3735 Storage Area Networks and Information Technology Backup System Replacement with Disaster Recovery CAPTION: Motion authorizing the City Manager, or designee, to execute contracts with three companies: Freeit Data Solutions of Austin, Texas (DIR-SDD-2035) for$1,428,006.34; Sigma Solutions of San Antonio, Texas (DI R-SDD-1 385) for$297,997.82; and Computer Solutions of San Antonio, Texas (DIR-SDD-1382) for$150,610.11. The purchase will be financed over a five year period with Key Government Finance, Inc. with monthly payments of$32,587.62 ($1,955,257.20 total). PURPOSE: Approval of this contract will provide a replacement for our present Storage Area Network devices and our Information Technology Backup system. It will also enable the City of Corpus Christi to provide the foundation for Business Continuity by deploying a disaster recovery solution for city data. BACKGROUND AND FINDINGS: The present Storage Area Networks and Backup System are at end-of-life from their manufacturers and end-of-lease. We obtained both systems separately in 2009 on 5 year leases. ALTERNATIVES: Continue using and paying maintenance fees on outdated, lease expired systems and have no disaster recovery solution. OTHER CONSIDERATIONS: We propose that the City enter into an agreement with Key Government Finance to lease the hardware, software and turn-key installation and configuration services for data storage, backup systems and disaster recovery. The City's authorized lessor, Frost Bank, would lease the equipment, but only for 36 or 42 months. Lease quotes were requested from Key Government Finance and Dell Government Finance. Key provided the best lease rate. The total interest over the five year lease is $49,639.43. CONFORMITY TO CITY POLICY: This procurement conforms to City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: None. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 CIP only) Current Year Future Years TOTALS Line Item Budget 195,525.72 1,759,731.48 1,955,257.20 Encumbered / Expended Amount 0 0 0 This item 195,525.72 1,759,731.48 1 1,955,257.20 BALANCE 01 01 0 Fund(s): Municipal Information Services Comments: Total cost of the five year contracts are $1,955,257.20. The DIR quotes total $1,876,614.27. $29,003.50 is included to purchase a Wave Division Multiplexor system from Champion One. No Texas Department of Information Resources vendors resell this product. Champion One was chosen because they are the lowest bidder in a competitive bid process that meets City and State requirements. $1,876,314.27 + $29003.50 + $49,639.43 (interest) _ $1,955,257.20. Funds have been budgeted for this expense in Fiscal Year 2013-2014 and will be available in 5210-40420-530190, Lease Purchase Payments. Funds to cover the 2-month fiscal year extension are included in documentation forwarded to the City's Office of Management and Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Freeit Data Solutions quote for Storage Area Networks Freeit Data Solutions quote for Commvault Backup System Freeit Data Solutions quote for Turn-key Installation Services Freeit Data Solutions signed Statement of Work Sigma Solutions quote for Infrastructure to Support Storage Area Networks, Backup System, and Disaster Recovery Sigma Solutions signed Statement of Work Computer Solutions quote for Cisco communications hardware Champion One quote for a Wave Division Multiplexor Contract No: DIR-SDD-2035 Fre&��o���ta TAX ID#: 27-2209002 HUB#: 1-27-2209002-900 Term: NET 30 DATA SOLUTVONS FOB: Destination City of Corpus Christi Freeit Data Solutions,Inc. John Speiss 604 Harthan St 1201 Leaopard St. Quote Number: Q-05874-9 Austin,TX 78703 Corpus Christi,TX 78401 Quote Date: 10/2/2013 PH:(800)478-5161/FAX:(866)895-7363 PH: (361)880-3750 Expiration Date: 1/31/2014 1johns@ci.corpus-christi.tx.us Manufacturer Contact: Steve Winter Freeit Data Contact: Wayne Orchid (512)565-1226 swinter @nimblestorage.com 1(512)629-1157 wayne@freeitdata.com Qty Part Number Description Unit Prig Ext Price Nimble Storage 1 CS460G-X2 36TB Raw,25-50TB Usable,2ATB Flash Cache,2x10GigE+ $143,375.00 $143,375.00 2x1 GigE,Ext Perf Ctlr 2 ES1-H65 45TB Raw,34-68TB Usable,60OGB Flash Cache,Hyb Exp Shelf, $60,125.00 $120,250.00 2x1 M Qual SAS cable 2 SLA-ES1-H65-4HR-5YR 4Hr Parts Del,SW Sup&InfoSight-ES1-H65,5Yr $15,632.50 $31,265.00 1 SLA-CS460-4HR-5YR 4Hr Parts Del,SW Sup&InfoSight-460,5Yr $43,512.00 $43,512.00 1 CS260G 36TB Raw,25-50TB Usable,1.2TB Flash Cache,2x10GigE+ $108,225.00 $108,225.00 2x1 GigE,High Perf Ctlr 2 ES1-H65 45TB Raw,34-68TB Usable,60OGB Flash Cache,Hyb Exp Shelf, $60,125.00 $120,250.00 2x1 M Qual SAS cable 2 SLA-ES1-H65-NBD-5YR NBD Parts Del,SW Sup&InfoSight-ES1-H65,5Yr $10,841.00 $21,682.00 1 SLA-CS260-NBD-5YR NBD Parts Del,SW Sup&InfoSight-260,5Yr $26,233.00 $26,233.00 2 CS260G 36TB Raw,25-50TB Usable,1.2TB Flash Cache,2x10GigE+ $108,225.00 $216,450.00 2x1 GigE,High Perf Ctlr 1 ES1-H65 45TB Raw,34-68TB Usable,60OGB Flash Cache,Hyb Exp Shelf, $60,125.00 $60,125.00 2x1 M Qual SAS cable 1 SLA-ES1-H65-NBD-5YR NBD Parts Del,SW Sup&InfoSight-ES1-H65,5Yr $10,841.00 $10,841.00 2 SLA-CS260-NBD-5YR NBD Parts Del,SW Sup&InfoSight-260,5Yr $26,233.00 $52,466.00 2 CS240G 24TB Raw,16-33TB Usable,640GB Flash Cache,2x10GigE+ $89,725.00 $179,450.00 2x1 GigE,High Perf Ctlr 2 SLA-CS240-NBD-5YR NBD Parts Del,SW Sup&InfoSight-240,5Yr $21,423.00 $42,846.00 1 CS260G-X2 36TB Raw,25-50TB Usable,2ATB Flash Cache,2x10GigE+ $126,725.00 $126,725.00 2x1 GigE,High Perf Ctlr 1 SLA-CS260-4HR-5YR 4 Hour Sery/Softw Support for 260;247,5 Yrs $32,264.00 $32,264.00 INCLUDED SOFTWARE CAPABILITIES: Fast inline compression Efficient snapshots,WAN efficient replication Thin provisioning,Zero copy cloning Intelligent real time data placement NPM:Nimble Protection Manager DIR Discounted Total: $1,335,959.00 Shipping and Tax not applicable: $0.00 Additional Discount: ($557,713.66) Grand Total: $778,245.34 Customer Signature of Acceptance PO# By issuance of a PO,I acknowledge that I have the authority on behalf of my company to make purchasing decisions to order the items in this quote and to begin project initiation.This quote is subject to and will be governed by the terms and conditions and RMA policy located at www.freeitdata.com and will govern our relationship and any PO issued in relation to this quote.Any and all competing or conflicting terms and conditions are hereby unconditionally rejected. *All Shipping,Taxes,and Duties are not included in the Total and are the responsibility of the purchaser 1 of 1 Contract No: DIR-SDD-1585 Fre&��o���ta TAX ID#: 27-2209002 HUB#: 1-27-2209002-900 Term: NET 30 DATA SOLUTVONS FOB: Destination City of Corpus Christi Freeit Data Solutions,Inc. John Speiss 604 Harthan St 1201 Leaopard St. Quote Number: 108213 Austin,TX 78703 Corpus Christi,TX 78401 Quote Date: 10/2/2013 PH:(800)478-5161/FAX:(866)895-7363 PH: (361)880-3750 Expiration Date: 1/31/2014 1johns@ci.corpus-christi.tx.us Manufacturer Contact: Steve Winter Freeit Data Contact: Wayne Orchid (512)565-1226 swinter @nimblestorage.com 1(512)629-1157 wayne@freeitdata.com Qty Part Number Description Unit Prig Ext Price Commvault Software This bundle provides full rights to use all Backup and Replication agents supported by the Data Protection Enterprise edition feature package,based on 1TB of data protection capacity. This includes Enterprise usage for any deduplication,encryption,Intellisnap or 36 SB-C-DPE-1 T-C NAS/NDMP features. Capacity usage is measured based on the $7,050.84 $253,830.15 front-end/Application Size of the last FULL backup per active client/subclient policy. The cell(s)allow installation of any combination of agents and features up to the maximum client size limits on the cell.(Sold per Terabyte of Front-End Protection Size, Tiered Volume price) This bundle provides full rights to use all Email,File and SharePoint Archive agents supported by the Data Archive Enterprise edition feature pack including the OnePass methods based on 1TB of archived data capacity. This includes Enterprise 16 SB-C-DAE-1 T-B usage for any deduplication or encryption features. Capacity $2,783.13 $44,530.00 usage is measured based on the front-end/Application Size of all active data archive jobs available on the CommCell. The cell(s) allow installation of any combination of included agents and features up to the maximum client size limits on the cell. All jobs retained in an active OnePass cycle,ObjectLink policy or Legal Hold policy will be added to the Data Archive FET capacity. (Sold per Terabyte of Front-End Archive Size,Tiered Volume price) Maintenance Notification of software updates,product fixes and related 1 S-Premium enhancements. 24 hour access to the CommVault Technical $207,071.73 $207,071.73 Assistance Center(including holidays). Quarterly reports. 60 Months DIR Discounted Total: $505,431.88 Shipping and Tax not applicable: $0.00 Additional Discount: ($11,578.88) Grand Total: $493,853.00 Customer Signature of Acceptance PO# By issuance of a PO,I acknowledge that I have the authority on behalf of my company to make purchasing decisions to order the items in this quote and to begin project initiation.This quote is subject to and will be governed by the terms and conditions and RMA policy located at www.freeitdata.com and will govern our relationship and any PO issued in relation to this quote.Any and all competing or conflicting terms and conditions are hereby unconditionally rejected. *All Shipping,Taxes,and Duties are not included in the Total and are the responsibility of the purchaser 1 of 1 Contract No: DIR-SDD-2416 Fre&��o���ta TAX ID#: 27-2209002 HUB#: 1-27-2209002-900 Term: NET 30 DATA SOLUTVONS FOB: Destination City of Corpus Christi Freeit Data Solutions,Inc. John Speiss 604 Harthan St 1201 Leaopard St. Quote Number: 109213 Austin,TX 78703 Corpus Christi,TX 78401 Quote Date: 10/2/2013 PH:(800)478-5161/FAX:(866)895-7363 PH: (361)880-3750 Expiration Date: 1/31/2014 1johns@ci.corpus-christi.tx.us Freeit Data Contact: Wayne Orchid (512)629-1157 wayne@freeitdata.com Qty Part Number Description Unit Prig Ext Price Freeit Services 1 FDS-PS-NIMBLE Implementation/Data Migration/Training $68,688.00 $68,688.00 Refer to SOW Commvault Services Travel Expenses/Documentation 10 FXTRVL-CONS-RSE Resident Support Engineer-Enter Fixed Price quantity as 10 for $490.00 $4,900.00 RSE-10 or 20 for RSE-20 for RSE T&E 12 FXTRVL-CONS $490.00 $5,880.00 Fixed Price Travel Expenses-fixed price per day per consultant Consulting Services 8 IC-CONSDEP Consulting on and core product configuration for MSFT databases $2,450.00 $19,600.00 and applications,file systems,deduplication,replication Design and architecture services inclusive of Oracle,SAP,DB2, 4 IC-CONSADVC scripting,advanced assessment,and CLI-based 3rd party app $3,430.00 $13,720.00 integration 1 BC-RSE-10 Resident Support Engineer—2 week Engagement $13,720.00 $13,720.00 Multiple day rate(10 days during Normal business hours Training conducted in a private facility or customer site for any number of 5 TR-ONSITE-DAY students up to a maximum defined by the local registrar. All $5,880.00 $29,400.00 students must be from the same company.Training event must be minimum of 2 Days. No T&E required. Grand Total: $155,908.00 Customer Signature of Acceptance PO# By issuance of a PO,I acknowledge that I have the authority on behalf of my company to make purchasing decisions to order the items in this quote and to begin project initiation.This quote is subject to and will be governed by the terms and conditions and RMA policy located at www.freeitdata.com and will govern our relationship and any PO issued in relation to this quote.Any and all competing or conflicting terms and conditions are hereby unconditionally rejected. 'All Shipping,Taxes,and Duties are not included in the Total and are the responsibility of the purchaser 1 of 1 � I Statement of Work Storage and Backup Infrastructure Presented for Review to: City of Corpus Christi Revision Date: October 18, 2013 SOW Reference Number: Prepared by: Dave Larson, Solution Architect Freeit Data Solutions Contact information: dave(cr,,freeitdata.com (512) 695-1447 (cell) n�r City of Corpus Christi Stora ge e and Backu p In.�"astructure F ri � i t g 11. Executive Client Contact information: Organization: City of Corpus Christi Address: 1201 Leopard St Corpus Christi, TX 78401-2825 Primary Contact: Title: John Speiss Phone: (261) 880-3750 Email: johns @ci.corpus-christi.tx.us Secondary Contact: Title: Susan Clanton Phone: (361) 826-2537 Email: SusanCl @cctexas.com 11. Scope of Work Methodology: Freeit engineers manage projects with a holistic approach. It is our goal to work within an infrastructure life cycle defined by the following three phases: Design — Deploy — Maintain III® Location Freeit engineers reserve the right to perform work remotely by leveraging remote access technology, per availability for Client systems. Remote access work will be done in an effort to increase efficiency and minimize billable engineering hours to the Client. On Site work will be performed at Client location and/or Client datacenter location, as needed. 2 n�r City of Corpus Christi Stora ge e and Backu p In.�"astructure F ri � i t g ® Period It is understood that Freeit will be working during standard business hours unless otherwise stated in this Statement of Work (SOW). Standard business hours are defined as: • Monday through Friday, 8:00 a.m. to 5:00 p.m. local client time • Nationally observed holidays are excluded • Based on a forty (40) hour work week • After hours and weekend work is included in fixed bid price, Freeit and Client will schedule these after-hours work periods with advance notice as required. *Freeit reserves the right to modify these guidelines as needed to enable successful project completion. V. Assumptions Certain assumptions will be made while specifying the services and deliverables detailed in this SOW. Upon execution of this document, it is generally understood that all enumerated assumptions below are correct. It is the client's responsibility to identify any incorrect assumptions and address them with Freeit prior to final execution of this document; or, when possible, take immediate action to render all assumptions correct. The following assumptions have been made while specifying the services detailed in this statement of work: • If the assumptions used to develop the statement of work are found incorrect, the parties agree to meet and negotiate, in good faith, equitable changes to the statement of work, service Levels and/or fee schedule, as appropriate. • Client resources to perform services shall be readily available to Freeit engineering teams as needed. • Freeit reserves the right to perform portions of the work remotely according to a schedule mutually agreed to by both the client and Freeit. • Freeit is not responsible for resolving compatibility or other issues that cannot be resolved by the manufacturer or for configuring hardware or software in contradiction to the settings supported by the manufacturer. • Freeit will provide compatibility matrix for products purchased as part of this solution to resolve compatibility issues. • Freeit is not responsible for project or Service delivery delays caused by the client facility or personnel challenges. 3 n�r City of Corpus Christi Stora ge e and Backu p In.�"astructure F ri � i t g • Work will be pre-scheduled with the client on a best effort basis. On demand support within a given services level agreement is not part of this statement of work and would require a separate agreement and contract. • Freeit reserves the right to sub-contract portions or all of the requested Services. • All cabling is in place and in good working order • All hardware will be in place and accessible to Freeit with connectivity rights as needed. • All systems will be patched with recent, if not current, updates and in good working order. • Freeit has adequate access to and assistance from client resources. • Active Directory is in a healthy state with no known issues. • The network is in a healthy state with no known issues. • Application requisites will be defined and planned for identified application during the engagement. • Appropriate schedule window of time for any off-line work. • All necessary access to software will be provided to Freeit for review and documentation. • All licensing history and licensing plans will be provided to Freeit for review and documentation. • Continuous work effort and adherence to project timeline throughout the course of the project. • Client understanding of existing systems and knowledge of internal infrastructure • Any information not provided to Freeit before implementation that Freeit has not specifically called out in their review that impacts design and implementation will be provided by the client. Any information not provided by the client that impacts future or existing systems and requires additional resources to correct will require a change order from the client and may result in additional charges. • The project will involve `transfer of knowledge'. The purpose of knowledge transfer is to explain the solution implementation and provide general operational guidance. Clients without previous experience in the technology should not expect to become proficient as a result of knowledge transfer. Proficiency can only be achieved through formal training and experience. ® Client Responsibilities During this effort, client is responsible for: • Securing space for the Freeit team to occupy during onsite work. • Providing connectivity for the Freeit team to client location(s). • Allowing Freeit access to and the use of all necessary documentation to understand business processes related to project. • Airfare, car and/or hotel accommodations if required. 4 n�r City of Corpus Christi Stora ge e and Backu p In.�"astructure F ri � i t g • Allowing Freeit access to and the use of all system and network resources required. • Commitment to project timeline and scheduling of resources. II® Explicit Exclusions • Guarantees to End-User Performance for any existing Applications or Systems • Guarantees to the Fitness or Function of any Client Selected Software / Hardware. • Hardware requirements or costs associated with the project. • Software requirements or costs associated with the project. • Analysis of environmental system (i.e. Power/Generator, A/C) III® Summary of Charges Statement of Work Summary: This assessment is being bid on a Fixed Bid basis. The following summary of charges is an estimate based on data available to Freeit engineering team at the time of development of this SOW. Client will be invoiced for actual engineering hours performed in support of successful project completion in this case fixed bid. Overages, and/or anticipation of hours in excess of what is summarized below will be considered `Out of Scope'. All Out of Scope billable time will be discussed with Client and agreed upon by all parties prior to work being performed by Freeit engineering team. Phase 1: Nimble Install & Data Migration $68,688.00 Phase 2: CommVault Installation and Configuration $87,220.00 Total $155,908.00 Freeit (along with CommVault and Nimble Storage) and City of Corpus Christi will need to implement the best method to protect data for the Police Department that meets the data storage and protection requirements for Criminal Justice Information System (CJIS) requirements and pass will be capable of passing any CJIS audit or inspection. This solution is in two phases. Although the phases will not be performed necessarily in this order, Freeit will describe the services in two phases. • Phase 1 — Nimble install & Data Migration • Phase 2 — CommVault installation and Configuration This solution is in two phases. Although the phases will not be performed necessarily in this order, Freeit will describe the services in two phases. 5 n�r City of Corpus Christi Stora ge e and Backu p In.�"astructure F ri � i t g Phase 1 - Nimble install & Data Migration Deploy Nimble storage systems • Rack, Stack, IP Nimble storage systems • Verify all ports are reachable • Test failover • Connect storage system to old and new ESXI servers • Place test virtual machine on Nimble storage • Test connectivity to virtual machine during failover • Test connectivity to virtual machine after unplugging Nimble network ports one at a time • Configure and test replication Assess current infrastructure • Review network configuration • Review servers to be migrated • Determine Applications requiring migration by data type (Structured & Unstructured data) • Obtain number of virtual machines to be migrated • Obtain list of servers that have LUNs on legacy storage system • Work with customer on downtime for each server as necessary Create migration plan • Work with customer on downtime schedules • Work with customer to provide means of testing applications during and after m igrations • Document migration plan and review with customer • Complete migration plan and give it to customer for approval Migrate data • Migrate virtual servers from existing legacy storage system to Nimble storage system • Follow downtime schedules to migrate virtual servers to Cisco UCS servers • Create LUNs on Nimble for physical servers that have LUNs on legacy storage system • Work within scheduled downtimes to migrate each server to new LUNs Training and Documentation • Training customer staff on each component of the solution • Provide customer documentation of the overall solution 6 n�r City of Corpus Christi Stora ge e and Backu p In.�"astructure F ri � i t g *Migration Process and Steps Data Migration will require analysis of the CoCC Systems and infrastructure. Freeit will create a list of all Servers and systems connected to existing SAN and determine Applications and Databases, and develop a joint plan with CoCC on the method of Data Migration and work out schedules for each application with sign-off by CoCC and Freeit both before Data Migration and after data migration is complete. Listed below are examples of methods that Freeit will use to migrate CoCC applications • VMWare — will utilize Storage vMotion where applicable or Manual shutdown and copy where not • Database • Oracle — Freeit will work with CoCC DBA's to determine best method of data migration from one of the following methods • Export/import • ASM LUN Mirroring • Manual Shutdown and copy of Database files • RMAN Backup and Restore • SQL Server — Freeit will work with CoCC DBA's to determine best method of database migration (example of manual Database migration will be as follows) • Attach LUNs from Nimble Storage • Shutdown application services • Migrate data • Change Drive letters for old LUNs • Change Drive letters for new LUNs to old LUNs • Restart Server • Verify application • Remove old LUNs • Informix — Freeit will work with CoCC DBA's to determine best method of database migration. • Window File Server — Freeit will utilize a copy utility like RoboCopy or Secure Copy to perform datamigration • Other Applications — will determine best migration method based on Application data type and outage windows. 7 n�r City of Corpus Christi Stora ge e and Backu p In.�"astructure F ri � i t g Phase 2 — CommVault installation and Configuration CommVault services will be performed by CommVault Professional Services and the estimated time to implement and deploy CommVault Simpana Software is 22 days Assessment and Design Current-state data will be collected via an onsite or offsite discovery process as previously confirmed with the customer. This includes CommVault's examination of the Customer's existing server and network infrastructure, applications, data distribution, and requirements for data retention. CommVault will work with the Customer to identify any technical barriers that prevent components from being installed. CommVault and the Customer will work together to accomplish any of the following applicable tasks: • Current-State Assessment / Storage Architecture Review — Servers, applications, data quantities, and storage media are identified. Business requirements relative to to the project objectives and end-user service level agreements are discussed in order to create the proper data movement Policies. • Data Flow Analysis — Data demands are calculated based on job window constraints, bandwidth availability, data volume, and maximum time-to-restore requirements. These demands are load-balanced based on recommendations from CommVault and in accordance with the Customer's directions, across storage policies and scheduled by each application and file system type. Specific recommendations are provided for hardware upgrades (server, network, tape library), if necessary to accommodate the final design requirements. • Enterprise Scheduling — CommVault assists in developing a complete data movement schedule based on Customer needs and business and data retention requirements for each server. Recommendations for frequency of full backups, incremental backups, and auxiliary copy requirements for off-site/redundant protection are reviewed. • CommVault Singular Information Management® Architecture Diagram(s) — The recommended, site-specific, CommVault application architecture will be provided by CommVault and will include the CommServe, MediaAgents, storage libraries, and / DataAgents throughout the Customer enterprise. CTE Deployment CommServe®and Media Agent Installation • Complete installation of the CommVault® CommServe® binaries on the designated CommServe. 8 n�r City of Corpus Christi Stora ge e and Backu p In.�"astructure F ri � i t g • Complete initial configuration of CommVault software on the CommServe • Configure the CommServe database o Register CommCell® ID • Configure storage targets • Install site-appropriate CommVault Service Packs, patches and configure CommServe for automatic updates. • Configure CommVault Media Agent(s) • Configure connectivity to storage targets • Define storage target(s) to the CommVault Media Agents • Test local backup and recovery • Backup and restore operations for CommServe DR backup • Backup and restore operations for test data through the CommVault Media Agent(s) Data De-Duplication Configuration CommVault will install and configure De-Duplication as part of Implementation Services. These services cover the implementation and verification of the Single Instance Storage deployment in the environment. CommVault and the Customer will work together to accomplish the following tasks: • Validation of the customers data storage configuration for De-Duplication at the database and magnetic library levels. • Configure the De-Duplication database. • Enable De-Duplication on the Storage Policy. • Configure the De-Duplication Storage Policy. • Verify the De-Duplication deployment. • Configure and test SILO option if required by the Solution Design. Microsoft Windows File System iDataAgent CommVault will install and configure Microsoft Windows File System iDataAgent(s) as part of Implementation Services. The Microsoft Windows File System iDataAgent is designed to provide comprehensive load balancing and failover among storage resources within the customer environment. These services cover the implementation 9 n�r City of Corpus Christi Storage e and Backu p In.�"astructure F ri � i t g and verification of the Microsoft Windows File System iDataAgent(s) in the environment. CommVault and the Customer will work together to accomplish the following tasks: • Install and Configure Microsoft Windows File System iDataAgent on customer designated host or group of hosts. • Configure Microsoft Windows File System iDataAgent specific settings in accordance with Solution Design. • Associate Storage Policy with installed Microsoft Windows File System iDataAgent. • Associate Schedule Policy with installed Microsoft Windows File System iDataAgent. • Perform test backup of subclient(s) on customer-designated host or group of hosts. • Perform test restore of a file or folder from a client within the customer- designated host or group of hosts. Unix File System iDataAgent CommVault will install and configure Unix File System iDataAgent(s) as part of Implementation Services. The Unix File System iDataAgent is designed to provide comprehensive load balancing and failover among storage resources within the customer environment. These services cover the implementation and verification of the Unix File System iDataAgent(s) in the environment. CommVault and the Customer will work together to accomplish the following tasks: • Install and Configure Unix File System iDataAgent on customer-designated host or group of hosts. • Configure Unix File System iDataAgent specific settings in accordance with Solution Design. • Associate Storage Policy with installed Unix File System iDataAgent. • Associate Schedule Policy with installed Unix File System iDataAgent. • Perform test backup of subclient(s) on customer-designated host or group of hosts. • Perform test restore of a file or folder from a client within the customer- designated host or group of hosts. Virtual Server iDataAgent 10 n�r City of Corpus Christi Stora ge e and Backu p In.�"astructure F ri � i t g CommVault will configure the Virtual Server backups as part of Implementation Services. These services cover the implementation and verification of the integrated CommVault and Virtual Server deployment in the environment. CommVault and the Customer will work together to accomplish the following tasks: • Verify the ratio of datastores to subclients to identify the distribution of VM data over the number of Proxy Servers allocated for this deployment. • Install the Virtual Server Agent on the VMware Virtual Consolidated Backup Framework (VMware) server and the Microsoft Hyper-V host server (Hyper-V) • Configure Virtual Server Instances • Configure Guest Discovery Rules • Configure Virtual Guest subclients • Add Guests to subclients NOTE: Requires a pre-installed and fully functioning Virtual Server host server with SAN connectivity • Test File, Image and Disk (whichever are configured in customer environment) Full and differential backups of the virtual machine(s). Database Protection Services As part of Field Implementation, the CommVault Database Protection Service provides comprehensive services for the configuration of database backup and recovery operations in the Customer's environment. These services will cover the implementation and verification of the database iDataAgent(s) in the environment. CommVault and the Customer will work together to accomplish the following applicable tasks: • Database Environment Review — Includes a review of Client System(s) CPU, Memory and IPC Resources, Database, Application, Logs, and User dynamics to determine a backup and recovery configuration which meets user requirements. • Installation of CommVault Database iDataAgent module(s) — Includes the installation and configuration of services necessary to deploy the Database iDataAgent module(s). Within the scope of this engagement, this service will include CommVault iDataAgent cluster support in a supported SAN / NAS environment. NOTE: The Windows database instance(s) must be down for the brief installation of the iDataAgent module(s). NOTE: Following configuration of the database iDataAgent Windows servers require a reboot. UNIX based servers do not. 11 n�r City of Corpus Christi Stora ge e and Backu p In.�"astructure F ri � i t g • Configuration of Database APIs with the Commvault iDataAgent — Includes database API integration configuration and verification — which involves configuration of the database network connections to the CommServe and Media Agent(s), and communication between targeted databases to be protected. • Scheduling and Storage Management — Includes configuration of database backup scheduling, storage policy configuration, user alert notification, and job reporting for the Customer's database environment. • Validation of CommVault iDataAgent module(s) — Includes the verification of the configuration database module(s) by the parties, including selected data protection and data recovery. Active Directory iDataAgent CommVault will install and configure the Active Directory iDataAgent and perform test data recovery. The CommVault Active Directory iDataAgent is designed to provide comprehensive coverage of the Active Directory backup and recovery requirements in the customer environment. These services cover the implementation and verification of the Active Directory iDataAgent (s) in the environment. CommVault and the Customer will work together to accomplish the following tasks: • Install and Configure Active Directory iDataAgent on customer-designated domain controller. • Configure Agent Specific settings in accordance with Solution Design. • Associate Storage Policy with installed Active Directory iDataAgent. • Associate Schedule Policy with installed Active Directory iDataAgent. • Perform test backup of subclient on customer-designated Domain Controller. • Perform test restore of an object. CommVault File System Archiver CommVault will install and configure the DataArchiver File System iDataAgent and perform test data recovery. These services cover the implementation and verification of the DataArchiver File System iDataAgent (s) in the environment. CommVault and the Customer will work together to accomplish the following tasks: • Configure DataArchiver File System stores (logical) onto storage hardware infrastructure. • Define Magnetic Disk Libraries • Define Secondary Storage Tiers 12 n�r City of Corpus Christi Stora ge e and Backu p In.�"astructure F ri � i t g • Install and applicable CommVault indices, Archiving and Retrieval Services • Configure Agent-specific settings in accordance with Solution Design • Configure and test base DataArchiver File System functionality Please note: CommVault cannot and does not make recommendations regarding internal corporate data management and retention policies. The determination and establishment of data retention periods are solely the responsibility of the customer. CommVault is not in any way responsible for a company's data or their compliance with applicable laws and rules. Any guidelines provided to the customer regarding data management and retention periods are for informational purposes only. Resident Support Engineer The CommVault Resident Support Engineer ("RSE") offering is designed to ensure that an installed CommVault solution continues to meet Service Level Agreements based on a customer's functional, operational, and business requirements. A skilled CommVault Support engineer is provided to monitor and support the day-to-day operations of the CommVault solution for the Customer. The CommVault RSE offering provides support in any, or all, of the following activities: • System Administration Services. • Schedule and Monitor Backups. • Monthly/Quarterly Review of Backup Strategies. • Customer assistance with Restore Strategies and Procedures. • Media Management Support for CommVault Solutions. • Ongoing Knowledge Transfer. • CommVault-specific issues support escalations. • Assist CommVault Support Team with CommVault issue resolution by providing onsite access to customer systems and personnel. • Provide the Customer with a CommVault-trained systems operator administering CommVault software. CommVault® Project Management The CommVault Project Manager provides Project and Technical leadership for this engagement. Working with Customer personnel in the location , the Project Manager is responsible for the success of Customer's CommVault deployment. This resource 13 n�r City of Corpus Christi Stora ge e and Backu p In.�"astructure F ri � i t g directs the tactical activities of the CommVault personnel associated with this effort. Additionally, this resource liaises directly with the Customer Project Leaders or Project Office to advise on project status and escalate project issues. Client Responsibilities The Customer agrees to provide resources necessary to facilitate this engagement. The Customer agrees to accept the responsibility for completing the following tasks prior to arrival of the Consulting Engineer. The Customer acknowledges that the success of this engagement is dependent upon completion of these tasks and any delays in completing these tasks will adversely impact the engagement's outcome. The CommVault Professional Services Manager reserves the right to delay or postpone the Services if, for any reason, these facilities are not in place: The Customer Personnel Resource Assumptions 1. A dedicated the Customer Technical Resource is requested to work with the Consulting Engineer during the course of the work completed by CommVault; 2. The Customer personnel will provide all necessary documentation (scripts and logins) that relate to the access of each server and / or workstation involved in this project; The Customer Work Environment Assumptions 1. The Customer will supply a designated work area for the Consulting Engineer, to include a desk, chair, telephone, and network access (guest or local) and login; 2. The Customer will supply Data Center access to the Consulting Engineer in the form of a swipe card, escort, or keyed access to the server room(s) in each Data Center location; The Customer Site Preparation Requirement Assumptions 1. The Customer is solely responsible for: a. The protection of its legacy data during the performance of the Services, to include such tasks as the management of offsite media storage, provision of scheduling for restore / Disaster Recovery Testing; b. Policy and strategic implementation decisions, such as setting control parameters, back-up schedules and data retention rules, and c. Changes in requirements for retention of data written to magnetic and tape media for data protection and / or archive and recovery operations. 14 n�r City of Corpus Christi Stora ge e and Backu p In.�"astructure F ri � i t g 2. Prior to the start of any services associated with this engagement, the Consulting Engineer will complete an initial validation of the environment to confirm engagement readiness. This review will be completed offsite; 3. CommVault assumes that there are no KNOWN gross defects with the media and hardware associated with the solution proposed by CommVault; 4. CommVault assumes that the Customer has contracted for hardware installation support, and that this installation will be completed prior to the start of any software integration effort associated with this engagement; 5. The Customer personnel, only, will complete the following outlined tasks: i. Storage Target (disk / tape) connectivity at each Data Center location for connection to the CommVault MediaAgent(s); ii. Server HBA installation for CommVault MediaAgent(s); iii. Physical connection of tape and disk devices to the MediaAgent(s) at each Data Center; iv. Installation of tape media in tape libraries / drives AND / OR formatting of disk volumes associated with CommVault Magnetic Libraries at each site; V. Provision of Domain Administrator access to the CommServe(s), MediaAgent(s), iDataAgent(s) at each Data Center. CommVault assumes that all of the applicable site preparation has been performed prior to the installation of any new software and hardware components in each site. This includes, but is not limited to: local and Wide Area Network access, electrical requirements, cabling and appropriate service area floor space. These infrastructure elements for this project remain the responsibility of the Customer; All network-related issues for the Customer's primary LAN / WAN network will be remanded to the Customer's Network Administration group for resolution; The Customer's CommVault Project and Project Workflow Assumptions 1. The Customer will provide CommVault with a formal request for resources, through contact with the CommVault Account Manager, for any new, unique project that will arise during the course of the completion of this engagement; 2. Example: Requirement to format and provide access to SAN-attached storage and zoning of said storage to MediaAgent(s) is a new, unique project. 3. CommVault cannot be responsible for delays in the provision of the defined services stemming from lack of access to host(s), Data Center(s), or personnel deemed critical to the completion of the engagement. Substantial delays in effort will be noted by the Consulting Engineer to the Customer's Primary Project Contact; and, 15 n�r City of Corpus Christi Stora ge e and Backu p In.�"astructure F ri � i t g 4. The Customer's Primary Project Contact will be responsible for ensuring the availability of its personnel to be in attendance through the course of this engagement to ensure knowledge transfer from the Consulting Engineer to its technical and operations personnel; i. Note: Knowledge transfer is specific to CommVault software functionality. Knowledge transfer regarding hardware functionality (disk array GUI, library CAPs, etc) are outside the scope of this engagement. In no event shall CommVault's liability for services performed exceed the purchase price of such services. Under no circumstances shall CommVault be liable for special, indirect or consequential damages of any kind, including for lost profits, loss if data, or cost of replacement services. 16 n�r City of Corpus Christi Stora ge e and Backu p In.�"astructure F ri � i t g ® Acceptance Criteria At the completion of this assessment, Freeit will deliver the following, as applicable to the activities jointly defined and agreed upon by Client and Freeit: • Recommendation of actions to be considered by management • Recommended solutions • Review of conclusions and issues from Design Upon your approval of this plan, Freeit will be retained to commence the assignment of resources and project scheduling in support of the project. Project costs and expenses will be billed out on a fixed bid fee per our proposal. This project is considered an engagement project, which assumes Company staff, may work continuous hours, both on and off-site, in order to complete the deliverables promised. Project schedule will be collaborated by both Client and Freeit. All efforts will be made by all parties to prioritize efforts associated with this schedule throughout the course of the project. It is generally understood that any exceptions or delays need to be effectively communicated to all parties and agreed upon. **Additional charges and/or fees may result from unscheduled deviations. X. Authorization Signature By signing this document, it is understood that all parties are bound by all terms and conditions stated herein. Once executed, any and all necessary revisions must be discussed between, and agreed upon, by all parties to this SOW. Revisions must also be documented in writing, agreed upon via signature and further appended to the original, executed document for all parties to review. This document incorporates the terms and conditions of the State of Texas Department of Information Resources Contract No. DIR- SSD-2035 & DIR-SDD-1585. Freeit agrees to comply with the vendor terms and conditions of DIR Contract No. DIR-SSD-2035 & DIR-SDD-1585. 17 F-ree Stcwu /h, A ge egnc lau, rt rasirticiftirre City of Corpus Christ! Freeit Data Solutions I WCO, - IrAz ..................................................................................................... Ixt Printed name olf Executing Authoolty Printed flairrie of bvcufing Authority ................,,,..m Title Title le Signature S , �71,og4 Date Date 422 E Ramsey Rd. San Antonio, TX 78216 Phone: 210-572-1275 Fax: 210-348-9124 Texas DI R Contract #SDD-1385 Quotation Date uote Cust # 12/20/13 SS I Q 17739-02 Sold To: Ship To: Sales Representative: John Spiess City of Corpus Christi 1201 Leopard St Fl 4th Corpus Christi, TX 78401 (361) 880-3750 johns@cctexas.com John Spiess City of Corpus Christi 1201 Leopard St Fl 4th Corpus Christi, TX 78401 (361) 880-3750 johns@cctexas.com Ed Loveless Account Executive eloveless@sigmasolinc.com 210-387-3111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 UCS-SP6-EV-P-B200 UCS -SP -INFRA -Fl CON-STP-SPINFRAF UCS-ACC-6248UP UCS-BLKE-6200 UCS -FAN -6248U P UCS -FI -D L2 UCS-PSU-6248UP-AC CAB -C13 -C14 -2M DS-SFP-FC8G-SW SFP-10G-SR SFP-H10GB-CU3M N10-MGT011 UCS-SP-ENVP-B200M3 CON-SNT-SPVPB200 Description UCS SP B200 VALUEPLUS BDL 2x6248, 1xCH,4xB200w/2xE52665,128GB UCS 6248 Fl w/ 12p LIC, Cables Bundle SMARTNET 8X5XNBD UCS 6248 Fl w/ 12p L UCS 6248UP Chassis Accessory Kit UCS 6200 Series Expansion Module Blank UCS 6248UP Fan Module UCS 6248 Layer 2 Daughter Card UCS 6248UP Power Supply/100-240VAC Power Cord Jumper, C13 -C14 Connectors, 2 Meter Length 8 Gbps Fibre Channel SW SFP+, LC 10GBASE-SR SFP Module 10GBASE-CU SFP+ Cable 3 Meter UCS Manager v2.1 (Not a standalone SKU) B200M3 w/2xE5-2665,128GB,1240 VIC SMARTNET 8X5XNBD Smart Play B200 M3 Server 2 4 4 4 4 8 4 8 8 24 8 16 4 8 8 Unit Price $0.00 $4,122.00 $561.70 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $7,262.50 $180.40 Price $0.00 $16,488.00 $2,246.80 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $58,100.00 $1,443.20 12/20/13 CONFIDENTIAL Page 1 of 5 Item 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Part # N20-BBLKD UCS -CPU -E5-2665 UCS-MR-1X162RY-A UCSB-HS-01-EP UCSB-MLOM-40G-01 UCSB-MLOM-PT-01 UCS-SP-INFRA-CHSS CON-SNT-SPINFRAC N01-UAC1 N20-CAK N20-CBLKB1 N20-FAN5 N20-FW011 UCS-IOM-2208XP UCSB-PSU-2500ACPL CAB -C 19-C B N UCS-SD400GOKA2-G= N 5548 U P -4N 2248TF CON-SNT-48U448TF FET -10G N5548 -ACC -KIT 422 E Ramsey Rd. San Antonio, TX 78216 Phone: 210-572-1275 Fax: 210-348-9124 Texas DIR Contract #SDD-1385 Description UCS 2.5 inch HDD blanking panel 2.40 GHz E5 -2665/115W 8C/20MB Cache/DDR3 1600MHz 16GB DDR3-1600-MHz RDIMM/PC3-12800/dual rank/1.35v CPU Heat Sink for UCS B200 M3 and B420 M3 Cisco UCS VIC 1240 modular LOM for M3 blade servers Cisco UCS Port Expander Card (mezz) for VIC 1240 modular LOM UCS SP BASE 5108 Blade Syr AC Chassis SMARTNET 8X5XNBD UCS SP BASE 5108 Bla Single phase AC power module for UCS 5108 Accessory kit for UCS 5108 Blade Server Chassis Blade slot blanking panel for UCS 5108/single slot Fan module for UCS 5108 UCS Blade Server Chassis FW Package 2.1 UCS 2208XP I/O Module (8 External, 32 Internal 10Gb Ports) 2500W Platinum AC Hot Plug Power Supply for UCS 5108 Chassis Cabinet Jumper Power Cord, 250 VAC 16A, C20 -C19 Connectors 400GB 2.5 Enterprise Value SSD Nexus 5548UP/4xN2248TP/32xFET SMARTNET 8X5XNBD Nexus 5548UP/4xN2248TP/32xFET 10G Line Extender for FEX Nexus 5548 Chassis Accessory Kit Page 2 of 5 Quotation Date uote Cust 12/20/13 551Q17739-02 16 16 64 16 8 8 2 2 2 2 16 16 2 4 8 8 10 2 2 64 2 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $5,796.00 $67.24 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,743.00 $30,800.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $11,592.00 $134.48 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $17,430.00 $61,600.00 $0.00 $0.00 $0.00 12/20/13 CONFIDENTIAL Page 2 of 5 Item 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Part # N55-M-BLNK N5K-C5548UP-BUN CON-SNT-C5548UPB N2K-C2248TPE-FA-B CON-SNT-2248 E FAB N55 -PAC -750W N55 -13L2 SFP-H10GB-CU1 M N5KUK9-513N2.1 N55-VMFEXK9 N5548-EL2-P-SSK9 CAB -C13 -C14 -2M CAB -C13 -C14 -2M N5548P-FAN N5K-C5548UP-FA CON-SNT-C5548UP N5548 -ACC -KIT N55-M-BLNK N55 -PAC -750W N55 -13L2 SFP-H10GB-CU1 M 422 E Ramsey Rd. San Antonio, TX 78216 Phone: 210-572-1275 Fax: 210-348-9124 Texas DIR Contract #SDD-1385 Description Nexus 5500 Module Blank Cover Nexus 5548UP in N5548UP-N2K Bundle SMARTNET 8X5XNBD Nexus 5548UP in N5548UP-N2K Bundle Standard Airflow pack:N2K-C2248TP-E-1GE, 2 AC PS, 1Fan SMARTNET 8X5XNBD Standard Airflow pack:N2K-C2248TP-E-1 GE Nexus 5500 PS, 750W, Front to Back Airflow Nexus 5548 Layer 2 Daughter Card 10GBASE-CU SFP+ Cable 1 Meter Nexus 5000 Base OS Software Rel 5.1(3)N2(1) Nexus 5500 series VM-FEX license Limited Time Promotion -Nexus 5548 Enhanced Layer 2 License Power Cord Jumper, C13 -C14 Connectors, 2 Meter Length Power Cord Jumper, C13 -C14 Connectors, 2 Meter Length Nexus 5548P Fan Module Nexus 5548 UP Chassis, 32 10GbE Ports, 2 PS, 2 Fans SMARTNET 8X5XNBD Nexus 5548 UP Chassis, 32 10GbE Ports Nexus 5548 Chassis Accessory Kit Nexus 5500 Module Blank Cover Nexus 5500 PS, 750W, Front to Back Airflow Nexus 5548 Layer 2 Daughter Card 10GBASE-CU SFP+ Cable 1 Meter Page 3 of 5 Quotation Date uote Cust 12/20/13 551Q17739-02 2 2 2 8 8 4 2 4 2 2 2 4 16 4 4 4 4 4 8 4 8 $0.00 $0.00 $1,057.03 $0.00 $168.68 $0.00 $0.00 $82.50 $0.00 $0.00 $1,760.00 $0.00 $0.00 $0.00 $14,080.00 $1,258.58 $0.00 $0.00 $0.00 $0.00 $82.50 $0.00 $0.00 $2,114.06 $0.00 $1,349.44 $0.00 $0.00 $330.00 $0.00 $0.00 $3,520.00 $0.00 $0.00 $0.00 $56,320.00 $5,034.32 $0.00 $0.00 $0.00 $0.00 $660.00 12/20/13 CONFIDENTIAL Page 3 of 5 Item 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Part # N5KUK9-513N2.1 N55-VMFEXK9 N5548-EL2-P-SSK9 CAB -C13 -C14 -2M N5548P-FAN N2K-C2248TF-E CON-SNT-C2248TFE N2K-F10G-F10G CAB -C13 -C14 -2M FET -10G N2248TP-E-FA-BU N CON-SNT-2248 E FA SFP-IOG-AOC10M= SFP-10G-SR= X2-10GB-SR= F1241211214-010 SSCS TRN-CLC-000 I350T4BLK 422 E Ramsey Rd. San Antonio, TX 78216 Phone: 210-572-1275 Fax: 210-348-9124 Texas DIR Contract #SDD-1385 Description Nexus 5000 Base OS Software Rel 5.1(3)N2(1) Nexus 5500 series VM-FEX license Limited Time Promotion -Nexus 5548 Enhanced Layer 2 License Power Cord Jumper, C13 -C14 Connectors, 2 Meter Length Nexus 5548P Fan Module Nexus 2248TP-E with 8 FET, choice of airflow/power SMARTNET 8X5XNBD Null SKU -No line item services included N2K Uplink option FET -10G to FET -10G Power Cord Jumper, C13 -C14 Connectors, 2 Meter Length 10G Line Extender for FEX Standard Airflow pack:N2K-C2248TP-E-1GE, 2 AC PS, 1Fan SMARTNET 8X5XNBD Standard Airflow pack:N2K-C2248TP-E-1 GE 10GBASE Active Optical SFP+ Cable, 10M 10GBASE-SR SFP Module 10GBASE-SR X2 Module SC/LC Multimode Duplex 50/125micron PVC fiber 0M3 Professional Services 10 Prepaid Training Credits Intel GigE ETH 1350 SVR NIC 4PT PCIE RJ45 VT -C Page 4 of 5 Quotation Date uote Cust 12/20/13 551Q17739-02 4 4 4 8 8 2 2 2 4 16 2 2 24 12 12 12 1 2 25 $0.00 $0.00 $1,760.00 $0.00 $0.00 $6,050.00 $0.00 $0.00 $0.00 $0.00 $0.00 $194.63 $143.00 $547.25 $1,097.25 $25.98 $8,529.00 $0.00 $323.98 $0.00 $0.00 $7,040.00 $0.00 $0.00 $12,100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $389.26 $3,432.00 $6,567.00 $13,167.00 $311.76 $8,529.00 $0.00 $8,099.50 12/20/13 CONFIDENTIAL Page 4 of 5 Item Part # 422 E Ramsey Rd. San Antonio, TX 78216 Phone: 210-572-1275 Fax: 210-348-9124 Description Texas DIR Contract #SDD-1385 Page 5 of 5 Quotation Date uote Cust 12/20/13 SS I Q 17739-02 Qty Unit Price Ext. Price Quote Expires January 31, 2014 Accepted by: Date: PO: " Unless otherwise stated, Quotes are valid for 30 days from the quote date "All shipping is FOB Source. Shipping and handling charges are the responsibility of the customer and will be added at the time of invoicing. "Applicable taxes are the responsibility of the customer, and will be added at the time of invoicing unless a valid resale or exemption is on file at the Company's corporate office. " Please include Company Remit To address on purchase order. " Cancellation and/or restocking fees may apply if the order is cancelled or changed after the purchase order is received. " Returns: RMA# must be issued prior to return. Software must be unopened with original manufacturer seal unbroken. " Lease pricing may be available. Contact your sales representative for more information. "All quotes are in US Dollars. Texas DIR Customers Please Note If your Order is being placed pursuant to a Texas DIR Contract, your Order is subject to the Terms and Conditions of that Contract and the above Terms and Conditions do not apply to your Order. Please refer to the specific DIR Contract(s) covering the Products on this Quote for further details. Total $297,997.82 uote 551Q17739-02 12/20/13 CONFIDENTIAL Page 5 of 5 (,A L U T 11 O IN S N5K & N2K Switch Installation Statement of Work No. SAN-0139a By and Between City of Corpus Christi 1201 Leopard St FI 4th Corpus Christi, TX, 78401 Attention: John Spiess johns @cctexas.com And Sigma Technology Solutions, Inc. 422 E. Ramsey Road San Antonio, TX 78216 Phone: 210-348-9876 Fax: 210-348-9124 Submission Date: 10/14/2013 Valid through December 31,2013 SIGMA City of Corpus Christi L U1 T u 10 N S SOW for N5K N2K PROJECT OVERVIEW City of Corpus Christi("Customer")hereby engages Sigma Technology Solutions,Inc.("Sigma")to perform the services specified herein(the"Services"). PROJECT GOALS The customer goals for this project are as follows: 1. Install and configure NSKs,install N21(s,and integrate with Customer's existing network infrastructure. TECHNICAL SUMMARY The Sigma Engineer will install and configure Nexus SKs,install Nexus 2Ks and integrate with the Customer's existing infrastructure. e e ° PROJECT OUTLINE The project will consist of the following tasks as outlined in the phase below. i. Project Initiation Phase 1. Conduct a kick-off meeting with Customer's team to review the Project Plan 2. Review the SOW,establish mutual expectations for delivery of this service,and agree on roles and responsibilities . Review project methodology,including milestones,communications,risk and issue tracking,action items,and reporting ii. Planning&Design Phase 1. Review configuration specifications with Customer III. Execution Phase 1. Rack/cable six Nexus 5Ks and ten Nexus 2Ks across three sites, a) Police HQ—(1)NK5 pair,and(4) N2Ks b) City Hall—(1)Nits pair,and(6)N2Ks c) ON Stevens—(1)NK5 pair 2. Configure six Nexus 5Ks SAW-0139a 02013SWnaTechnology5olutim,k c.Confidential Page 2 SIGMA, City of Corpus Christi V I 0 N SOW for N5K N2K 3. Integration Uplink to core switches 4. Perform basic tests to verify proper installation and configuration IV. Project Closeout Phase 1. Create As-Built documentation describing the deployment and provide to the Customer 2. Conduct a Knowledge Transfer session(Not to exceed one(1)hour induration.) 3. Deliver Customer Acknowledgement and obtain signoff PROJECT EXCLUSIONS / OUT OF SCOPE ACTIVITIES • Configuration design • Remediation of existing networking or cabling issues • Storage configuration • Extensive documentation such as run books or step by step installation instructions SUMMARY OF DELIVERABLES PROVIDED • Deliverable 1:As Built Documentation GENERAL INFORMATION The Professional Services may be performed on the Customer Equipment located at the Customer sites(the "Customer Site")specified below: City of Corpus Christi Departments: • City Hall-1201 Leopard St,Corpus Christi,TX 78401 • Police Department-321 John Sartain St,Corpus Christi,TX 78401 • ON Stevens 2726 Holly Rd,Corpus Christi,TX 78415 SCHEDULE This project will begin on a date that is mutually agreeable to Sigma and the Customer. COMMENEEMENEENNOMMENIM In order to identify and estimate the required tasks and timing for this engagement,certain assumptions need to be made. Based on our current knowledge,the engagement assumptions are identified in the following sections:"Project Assumptions", "Technical Assumptions"and"Standard Assumptions If an assumption is invalidated at a later date,then the activities and estimates in the engagement plan should be adjusted accordingly. SAN-0139a 02013 Sigma Technology s,Inc Confidential Page 3 SIGMA City of Corpus Christi S 0 L U11 T 111 0 N S SOW for NSK N2K GENERAL PROJECT ASSUMPTIONS • Customer will appoint a project sponsor to oversee the direction of this project.The appointed project sponsor will have decision-making authority over all aspects of the project,including facilitating commitment of Customer resources and employees,decisions regarding scope management,and issue or conflict resolution. • Customer understands the success of this project is dependent on the participation of Customer employees: attending facilitated workshops,sharing information,and collecting data as needed to support project activities. Customer understands the need to review interim and final deliverables and report acceptance or discrepancy to Sigma according to the project schedule set forth at the project kickoff. • Customer will provide adequate,co-located workspace for the engagement participants(both Sigma and Customer resources)with the appropriate system level access. • Customer will provide network connectivity and Internet access to Sigma as needed. • Customer will provide elevated network and system credentials prior to arrival. • Any service,process,product or procedure that is not explicitly and clearly stated in this"Statement of Work"is outside the scope of work. 0 This SOW is based on discussions with the Customer and does not take into account any changes to the environment made by the customer or any third parties since Its writing. If a significant change has occurred in this period,a change order may be required to account for these changes. 40 If remote access is required for this project,limited access to the Customer's environment(i e.copilot via remote session)the estimated project hours may increase by approximately 20%. TECHNICAL ASSUMPTIONS • Most work will be performed during normal business hours. Integration and testing will be performed after normal business hours. • All hardware and licenses to complete the services will be received prior to deployment of services an site. • Customer will be available while the Sigma Engineer is onsite. • Sigma will provide network configuration only. Storage configuration is out of scope for this project. • Customer will provide all configuration specifications(IP addressing,VLANS,logging servers,etc.). • Customer will be responsible for rack space,cooling,and power to be installed and available for new switches according to manufacture guidelines. • Sigma will deliver a single knowledge transfer session,limited to one(1)hour,to describe the configuration changes. The session will not be a substitute for formal classroom training. The appropriate customer staff will be available for the session,as subsequent knowledge transfer sessions will be billed as a change request. STANDARD ASSUMPTIONS Standard Software Assumptions • Software specifications are not included in this W. Unless specifically addressed In this SOW,it Is assumed that all software required to complete the Services will be on location prior to the start of Services. Sigma may, at its discretion,provide any additional software not already In use. • The Sigma representative will have access to all software required to perform the Services specified in this SOW. • Pursuant to software required for the completion of Services,it is assumed that all original product documentation will be available prior to the start of Services. • The Sigma representative will have access to the necessary passwords,including root access,to all systems required to successfully complete the Services. • Unless otherwise specified In this SOW,It Is the Customer's responsibility to ensure that complete backups of any data have been made prior to the commencement of Services.Sigma assumes no responsibility for lost data. SAN-0139a 02013 Sigma Technology Solutions,Inc Confidential Page 4 SIGMA City of Corpus Christi SOW for N5K N2K Standard Personnel Assumptions • Any personnel designated for skills transfer will be available on the schedule agreed upon between Customer and Sigma during the engagement. The Services shall be performed in a skilled and workmanlike manner.Sigma shall assign only those employees or subcontractors who have the requisite experience,knowledge,training,and capability to provide the Services hereunder.If at any time Customer determines that an assigned individual can no longer contribute toward the successful completion of the Services,Customer may request Sigma to immediately dismiss the Individual from performing the Services and to supply a replacement with equal or better credentials within a reasonable time period. • Continuously,without interruption,while on Customer premises,Sigma and its personnel shall observe Customer rules and regulations with respect to conduct,health and safety and protection of persons and property. Engagement Prerequisites Following are the prerequisites that must be performed by Customer to allow Sigma to successfully begin this engagement. • Sigma is provided with a completed and signed copy of this SOW from Customer. • Sigma is provided configuration specifications. ENGAGEMENT PRICING This SOW is prepared as Fixed Price billing 1:11i'llilimpili! ii IN WIN! Work Description Total N5K and N2K Installation $8,529.00 *Pricing includes travel expenses. SAN-0139a 02013 Sigma Technology Solutions,Inc.Confidential Page 5 SIGNIA City of Corpus Christi S 0 l f.l "i 1 0 N S SOW for N5K N2K f. DEFINITIONS the applicable Deliverable to Customer for acceptance, Sigma shall whenever used In this Statement of Work, the terms set forth in provide written notice of completion to Customer(the'Completion these Terms and Conditions shall have the following meanings. Acknowledgement"). Upon receipt of the Completion Additional terms are defined throughout this Statement of Work as Acknowledgement, Customer shall have seven (7) business days to they first appear.Sigma and Customer may be jointly referred to as complete such acceptance testing as Customer desires to determine the"Parties"and Individually referred to as a"Party." the functionality, performance and conformance of the Deliverable • "SOW'means this Statement of Work. to the specifications contained In this SOW. In the event of any dispute between Customer and Sigma, the failure of Customer to • "Deliverables' means the tangible materials that Sigma perform such tests shall preclude Customer from raising Issues of delivers to the Customer as set forth In this SOW. functionality, performance or nonconformance to the specifications • 'Developed Work" means any and all Technology that is established in this SOW.Within seven(7)business days after receipt developed or reduced to practice In the process of developing of the Completion Acknowledgement, Customer may give Sigma a and delivering the Deliverables. written letter specifying deficiencies (the "Deficiencies') In the • "Technology' means algorithms, concepts, data, designs, Deliverable. Such letter shall specify the particular requirements of developments, documentation, discoveries, HTML, X L and this SOW with which the Deliverable does not comply. In the event other codes, inventions, methods, multimedia files, object of any alleged Deficiencies, Sigma shall proceed in a commercially code, procedures, scripts, programs, source code, text, reasonable manner to correct at its own expense such Deficiencies,if documentation, web pages and any other Item generally they so exist. After the Deficiencies have been corrected by Sigma recognized as technology In Sigma's or the Customer's and subsequent notice is given to Customer,Customer may again run Industry. such acceptance tests as It desires and thereupon deliver to Sigma "Prow means hardware and/or software products the Completion Acknowledgement or a list of any additional • Deficiencies within seven (7) business days of such subsequent manufactured or licensed by a third party. Products may be notice. Such process shall continue until the Deliverables or incorporated In,or delivered with,any of the Deliverables. Developed i+9!'ork have been accepted. Notwithstanding the • "Services' means any services performed under this SOW, foregoing, If Customer (a) begins use of the Deliverable before which may or may not Include the delivery of tangible acceptance, or (b) fails to notify Sigma of Its acceptance or non, materials(e.g.training). acceptance within seven (7) business days of receipt of the 2. WARRANTY AND DEFECT MAINTENANCE Completion Acknowledgement,Customer shall be deemed to have Sigma warrants that It will perform Services hereunder in good faith accepted the Deliverable and shall have no further recourse under and with a level of professional competence usual in the industry. this Paragraph 3. Sigma will provide Defect Maintenance (as defined below) for the 4, PAy.h1ENT5 Deliverables and the Developed Work for ninety( )days from the Billing for all labor will be upon acceptance of the Deliverables time of final acceptance of the Deliverables at no additional cost to pursuant to Paragraph 3,or as otherwise specified in this SOW. If Customer. Thereafter, Sigma will provide support and/or Milestone Billing Is specified In this SOW, upon satisfactory maintenance for the Deliverables and the Developed Work for an completion of each milestone event as set forth In the Milestone additional fee and subject to the terms and conditions of a Billing Schedule and verification of completion of the milestone by Maintenance and Support Agreement. Notwithstanding the Customer as provided in Paragraph 3,Sigma will bill Customer for the foregoing, any support and/or maintenance (whether during the amount set forth in this SOW for that milestone. If Progress Initial 90 day period or thereafter)that is necessitated by any change, Payments are specified in this SOW,Customer will be billed as set modification, editing or repairs made to the Deliverables or the forth In the Progress Payment Schedule with the final payment Developed Work by Customer or any third party, shall be at an subject to acceptance of the Deliverables as provided In Paragraph 3. additional cost to Customer. For purposes of this SOW, "Defect Payment terms for all Invoices are Net thirty(30(Days. Late charges Maintenance"shall mean maintenance of the Deliverables and the will be assessed on all undisputed amounts, after thirty (30) days Developed Work to enable It to work properly In the original from receipt of invoice, at the lesser of one and one half percent environment for which It was designed. (1.5 ) per month or the maximum Interest allowed by applicable Any Products delivered to Customer by Sigma under this SOW are law. If Sigma is required to retain a collection agency or attorney to delivered without warranty of any kind from Sigma. Sigma does not collect any undisputed overdue payment, all reasonable collection make and expressly disclaims any and all warranties and costs,including attorney fees,will be payable by Customer. representations of any kind or nature with respect to any Products. In addition to the fees specified in this SOW,Customer shall also be This disclaimer Includes any warranties of non-infringement or liable for, and shall reimburse Sigma for, all freight and Insurance otherwise. Customer's only warranties for Products are the charges as well as all local,state,federal and non-United States taxes applicable manufacturer's warranties,if any. or similar assessments or charges (including any Interest and 3. ACCEPTANCE OF DELIVERA6LE5 penaltles imposed thereon)arising out of, or relating to this SOW, Sigma shall deliver each Deliverable at the time and In the manner other than taxes based on the net Income of Sigma. specified sander this Paragraph 3 or as otherwise specified In this 5. CHANGE CONTROL SOW. Each Deliverable comprised of or containing Developed Work If Customer wishes to make any changes to an executed SOW, will be subject to acceptance testing by Customer to verify that the Customer shall provide Sigma with a proposed change order Deliverable satisfies the criteria for acceptance mutually agreed to by specifying the desired changes In the requirements (the "Change Customer and Sigma In this SOW. At such time as Sigma first offers order"). Customer acknowledges that any changes to an SOW may SAN-0139a 020135gma Technology Solutions,Inc. e ' I Page 6 SIGMA City Corpus Christi I 0 L U "'1"' l' fill Iii fl SOW for NSK N2K require Increased work by Sigma, necessitating a reasonable any person as a result of such general solicitation, and shall not adjustment in the payment due Sigma, The Parties shall negotiate restrict employees, contractors, or representatives of either Party such Increases In good faith and Customer agrees to accept any from pursuing on their own initiative employment opportunities from delays In the Services or Deliverables caused by such negotiations or with the other Party,or restrict the other Party from hiring such and/or change In the requirements. Acceptance of the proposed persons, and shall not restrict either Party from soliciting or hiring Change Order shall be at Sigma's sole discretion. If Sigma accepts the any personnel from the other Party who is referred to such Party by proposed Change Order and Customer accept the adjustment In the search firms, employment agencies, or other similar entities, compensation to Sigma and/or the schedule, the Parties shall provided that such entitles have not been specifically Instructed by execute the proposed Change Order,which shall detail the change in such Party to solicit employees of the other Party. the Deliverables or Services,the adjusted compensation and/or the adjusted schedule. When signed by both Parties,the terms of the " CONFIDENTIAL INFORMATION Change Order shall prevail over the applicable SOW to the extent Confidential Information' means any information and data, they are Inconsistent, If Sigma does not accept the proposed Change Including In tangible,electron lc or other form,of Sigma or Customer Order and/or Customer does not accept the adjustment In the that is Identified as confidential or proprietary at the time of compensation to Sigma,the proposed Change Order shall be null and disclosure or which should be understood to be confidential by the void and this SOW shall continue to govern without change, nature of the Information or the circumstances of the disclosure. If the Customer requests changes while the work is In process and if Confidential information shall include without limitation Services, the Parties agree that the changes do not warrant the effort of the Products, Customer data, business plans, strategies, technology, change control process described in this Paragraph 5, Sigma will software, documentation, methodologies, know-how, technical charge for the work on a time and materials basis at Sigma's information, financial Information, Information regarding each published rate per hour. Party's operations,business relationships and the terms of this SOW, Confidential Information shall not Include any Information which:(a) 6, CHARpS FOR IDLE TIME is known to the receiving Party prior to receipt hereunder from a Should Sigma personnel assigned to do the work,need to wait due to source that, to the receiving Party's knowledge, does not have an Customer or a third party under the direction of Customer not having obligation of confidentiality to the disclosing Party; ib) becomes resources available as outlined In this SOW,Sigma will charge by the lawfully known(independently of disclosure by the disclosing Party) hour for that Idle time.The charge will be at Sigma's published rate to the receiving Party from a source that, to the receiving Party's per hour for a maximum of eight hours per occurrence, Once the knowledge, does not have an obligation of confidentiality to the eight hours have been reached,Sigma personnel will exit the work disclosing Party;(c)becomes publicly known or otherwise ceases to location and return the next business day. If the resources are still be secret or confidential,except through a breach of this SOW;or(d) not available after the third business day,Sigma personnel will exit is Independently developed by the receiving Party without use of the the work location and not return until the project has been Confidential information. The receiving Party agrees that It will not rescheduled. If Customer's work location is more than fifty(50)miles use the Confidential Information of the disclosing Party In any way, from the Sigma office providing the Services,Customer will also be for its own account or the account of any third party,except for the responsible for all direct travel and per diem expenses Incurred as a purpose of performing this SOW,nor will the receiving Party disclose result of the delay. the Confidential information of the disclosing Party to any third party 7. HOUR CATFCsl2RIES except as required by law,legal or judicial process or as requested by a regulatory authority. The receiving Party will take commercially In the case of time and materials work the following definitions are reasonable precautions to protect the confidentiality of such used to apply normal time and overtime rates. Normal business Confidential Information.In the event that either Party is required by hours are defined as eight hours performed within a single 24 hour law,legal or judicial processor as requested by a regulatory authority period beginning at 7:OOAM to 6:00PIVI Monday through Friday to make any disclosure of any Confidential Information,by subpoena, excluding holidays as defined by United States Code Title 5 Section judicial or administrative order or otherwise,such Party must first,to 6103(x). Hours worked beyond the eight hours in a single day or the extent permitted by applicable law or regulation and except In hours worked on weekends or holidays are considered overtime connection with an examination by a regulatory authority, give hours. written notice of such requirement to the other Party, and must 8. NO S LICITATI0N permit such Party to Intervene In any relevant proceedings to protect During the per!od beginning on the effective date of this SOW and for its Interests In the Confidential Information,and provide reasonable a period of one (1) year after the date of the Completion cooperation and assistance In seeking to obtain such protection,all at Acknowledgement of this SOW neither Customer nor Sigma shall, the disclosing Party's cost and expense.The terms and conditions of without the express written consent of the other Party,Individually this SOW shalt be considered confidential and proprietary or on behalf of any other person,firm,corporation or other entity, Information under this paragraph. If the Parties have previously directly or indirectly,solicit or encourage any employee of the other executed a Non-disclosure Agreement, the terms and provisions of Party, or any subsidiary of the other Party,to terminate his or her such Non-disclosure Agreement are hereby Incorporated herein by employment with that Party. For purposes of this Paragraph, each this reference. To the extent that there is a conflict between the Party's employees shall Include both independent contractors, as terms and provisions of this SOW and such Non-disclosure well as personnel utilized by such Party, who are employees or Agreement,the more restrictive terms and provisions shall control, contractors of third parties, Both Parties agree that should It hire any 10, INDEPENDENT CONTRACTOR of the other Party's personnel, It will pay the damaged Party a nonrefundable hiring fee of thirty percent (30%) of the first year's Personnel furnished by Sigma to perform the Services and deliver the base compensation for each person hired, The damaged Party will Deliverables shall under no circumstances be considered Customer Invoice the offending Party upon the start date of hire and such employees or agents and shall be In an independent contractor Invoice will be paid In full within fifteen(15)days. This provision shall relationship to Customer at all times. Sigma and its personnel will survive the termination of this SOW. This provision shall not restrict not be entitled to any of the benefits that Customer may make In any way the right of either Party to solicit generally in the media available to Its employees,Including,but not limited to,group health for personnel,or restrict In any way the right of either Party to hire or life Insurance,profit sharing,stock option or retirement benefits. SAN-0139a 02013 Sigma Technology uti ,Inc Confidential Page 7 SIGMA City of Corpus Christi LU .I. 1 () N SOW for NSK 11. INDEMNIFICATION any time resulting from that injury),and(II)loss of,injury or damage 11.1 Inteilectnai Property to,or destruction of real or personal property(including all loss of Sigma shall Indemnify and hold harmless the Customer against any use resulting from that loss, injury, damage, or destruction of losses,claims,damages,liabilities,penalties,actions,proceedings or premises). This Indemnification may not be construed or interpreted judgments(collectively,"Loss")to which the Customer may become as In any way restricting, limiting, or modifying either Party's subject,reiated to or arising out of an allegation that any Deliverable insurance or other obligations under this SOW and is Independent of or Developed Work provided under this SOW, when used as the insurance obligations of either Party. The provisions of this contemplated by the SOW, Infringes any third party's copyright or paragraph shall survive the expiration or earlier termination of any trade secrets. if a court or settlement enjoins the use of any SOW being provided under this SOW until all Claims Involving any of Deliverable or Developed Work,or If in Sigma's reasonable opinion, the Indemnified matters are fully, finally,and absolutely barred by any Deliverable or Developed Work is likely to become the subject of the applicable statutes of limitation. Notwithstanding the foregoin a Loss, Sigma shall have the option to modify such Deliverable or in no event shall either Party's liability for Indemnification under this Developed Work so that It becomes non-infringing,or to substitute a Paragraph exceed the amount of one rnitilon dollars(S1, ,p )° substantially equivalent non-infringing Deliverable or Developed Each Party's indemnification obligations hereunder shall be subject to Work,or to obtain for the Customer a license to continue to use the (1) receiving prompt written notice of the existence of any action Deliverable or Developed Work. Sigma shall have no obligation (provided that failure to provide such notice shall only excuse the under this Paragraph for any Loss If Sigma has offered such modified other Party to the extent that It Is prejudiced thereby),(II)being able or replacement Deliverable or Developed Work and the Lass results to,at Its option,control the defense of those portions of such action from Customer's failure to use the modified or replacement for which Indemnification Is sought,(Iii) permitting the Indemnified Deliverable or Developed Work. Notwithstanding the foregoing, Party, at Its own expense, to participate in the defense of those Sigma shall have no obligation under this Paragraph for any Loss that portions of such action for which Indemnification is sought;and(Iv) results from (a) use of any Deliverable or Developed Work in receiving reasonable cooperation of the Indemnified Party In the combination with materials, services or products not supplied by defense thereof,all at the indemnifying Party's cost and expense. Sigma, other than as reasonably contemplated by this SOW or If Sigma instructs or advises Customer to use a Deliverable or 12. DISCLAIMER AN® LIMITATION DF LIAE}ILITY Developed Work in combination with such Items,If such Deliverable Except as expressly provided In this SOW,Sigma does not make and or Developed Work would not have Infringed the copyright or trade expressly disclaims any and all warranties and representations of any secret of the Party bringing the claim absent such combination,or(b) kind or nature with respect to the Services performed or Deliverables modifications to the Deliverable or Developed Work by any party delivered under this SOW, expressed or Implied, including,without other than Sigma, other than as reasonably contemplated by this limitation,the Implied warranties of title,merchantability and fitness SOW or If Sigma Instructs or advises Customer to make such for a particular purpose. Sigma does not warrant (a) that the modifications,If such Deliverable or Developed Work would not have Deliverables will run properly on all hardware or systems or operate Infringed the copyright or trade secret of the party bringing the claim In all combinations which may be selected for use by Customer,or(b) absent such modifications, An "Indemnified Customer Party' shall that the operation of the Deliverables will be uninterrupted or error Include all Individuals or entities controlling, controlled by or under free. common control with Customer(each, a "Customer A Ilate'), and With the exception of claims pursuant to Paragraph 11,and except the officers, directors, attorneys and employees of Customer and In the case of willful or intentional misconduct or grass negligence,It each Customer Affiliate. Sigma shall reimburse an Indemnified Is understood and agreed that either Party's i'iability to the other Customer Party for all legal and other expenses, including,without Party for damages from any cause whatsoever and regardless of the limitation, reasonable attorneys' fees incurred by such Indemnified form of action,whether in contract,tort,strict liability or otherwise, Customer Party In connection with Investigating, defending or or whether foreseeable or unforeseeable,shall not exceed the total settling any Loss. amounts paid or owing by Customer to Sigma for the Deliverables or Any Products delivered to Customer by Sigma under this SOW are Services provided under this SOW. in no event shall either Party be delivered without Indemnification of any kind from Sigma. Sigma liable for any Indirect,consequential, incidental,special or punitive does not make and expressly disclaims any and all Indemnification of damages, Including without limitation loss of use, Interrupt%on of any kind or nature with respect to any Products. Customer's only business, loss of data or loss of profits,arising out of or In any way protection for claims related to intellectual property infringement for connected with this SOW, the Deliverables, the Services, or any Products delivered pursuant to this SOW is the Indemnification Sigma supplied software,or third party software,even if such Party provided by the manufacturer,if any, has been advised of the possibility of such damages. No action, regardless of form,arising out of the Deliverables or Services being Si.2 ® dily�niurv,_Death and Pr®aerty Dam@1 provided by Sigma hereunder,may be brought by e'Aher Party more To the fullest extent permitted by law,Sigma and Customer at their than four(dp years after the cause of action has occurred,except wrath own expense, agree to indemnify, defend and hold the other, Its respect to claims relating to Infringement of Intellectual property shareholders, owners, officers, directors, agents, and employees rights, harmless from and against all third party Claims(as defined below) from any cause arising out of or relating(directly or indirectly)to a 13. OWNERSHIP AND LICENSING QF INTELLECTUAL breach of the provisions of this SOW by such Party,except for Claims PR®PERTY arising out of or relating to the willful or Intentional misconduct or 13.1 Customer's Rights gross negligence of the Indemnified Party, For purposes of this SOW, Prior to Sigma's receipt of full and final payment from Customer for "Claims"means any and all claims,causes of action(whether based Deliverables delivered or Services rendered hereunder, Sigma shall on tort or contract law principles, law or equity, or otherwise), retain all right,title and Interest In and to any Deliverables and/or charges, assessments, fines, and penalties of any kind (including Developed Work, Including without limitation al# rights under all consultant and expert expenses, court costs, and reasonable copyright, patent, and other Intellectual property laws. Upon final attorneys'fees). This indemnification extends to and Includes but is payment by Customer of all amounts due under this SOW and not limited to Claims for;(i)Injury to any person(including death at provided that Customer is not otherwise in default of its obligations SAN-0139a 02013 Sigma Technolcigy5olutiorts,Inc.Confidential Page SIGMA City of Carpus Christi S L U T 11 1 for NSK N2K under this SOW, the tangible Items specified as Deliverables or ® Professional Liability/Errors and Omissions coverage of not less Developed Work sander this SOW will become the property of than$3,000,000 each claim and annual aggregate, If coverage Customer. To the extent that any Sigma Technology is contained In is written on a claims-made basis,coverage with respect to any any Deliverables, Sigma grants to Customer, upon full and final and all work performed In connection with this SOW shall be payment to Sigma hereunder, a royalty-free, fully paid-up, maintained for a period of at least three (3) years after the worldwide, non-exclusive license to use such Sigma 'technology in expiration or termination of this SOW. connection with the Deliverables. The foregoing license grant Umbrella/Excess Liability with policy limits of not less than conveys no ownership Interest In and to the Sigma Technology and $2,000,0M per occurrence and annual aggregate, as excess does not grant Customer the right to extract such Sigma Technology over general liability, automobile liability and employer's from the Deliverables for the purpose of selling, reproducing, liability. distributing,or marketing copies thereof to third parties as a stand- alone product. All Insurance policies shall be issued by companies licensed to do business In the states where the Services are delivered and will be Sigma will be free to use its general knowledge,skills and experience, rated"A-"or better by A.M. st.All insurance policies shall apply as and any Ideas,concepts,know-how,methodologies,and techniques primary to and non-contributory with any other Insurance afforded within the scope of Its consulting practice that are used In the coarse to Customer. All insurance policies shall Include coverage for defense of providing the Services, including Information publicly known or costs and related expenses, available or that could reasonably be acquired in similar work performed for another customer of Sigma. In addition, in no event Is. F _C_E_iAA LURE will Sigma be precluded from developing for itself, or for others, If the performance of this SOW or any obligation hereunder(except materials that are competitive with the Deliverables or the the payment of monies due hereunder) is prevented, restricted or Developed Fork,irrespective of their similarity to the Deliverables or Interfered with by reason of any event or condition beyond the Developed Work, provided this Is done without violation of the reasonable control of such Party(Including,without limitation,acts of foregoing clauses and the confidentiality clauses set forth in Section 9 State or governmental action, International or domestic terrorism, herein, riots, disturbance„ war, strikes, lockouts, slowdowns, prolonged shortage of energy or other supplies, epidemics, fire, explosion, 13.2 Pr flood,hurricane,typhoon,earthquake or other act of ),the Party Sigma does not directly grant any license to Customer for any so affected shall be excused from such performance,only for so long Products delivered hereunder. Sigma shall assist Customer In as and to the extent that such a force prevents,restricts or Interferes obtaining from the applicable third party vendor a license to use the with such Party s performance and provided that the Party affected Products,subject to such third party vendor`s terms and conditions gives notice thereof to the other Party and uses diligent efforts to and at Customer's sole expense. This SOW shall specifically describe remedy such event or condition, any Products delivered hereunder and the costs associated therewith. 16. TER ItJArCCaPJ Either Party may terminate this SOW without cause at any time by 13.3 License from Cytstom r providing the other Party with written notice at least thirty(3 0)days During the period of performance of this SCOW, Customer hereby prior to the termination date designated in such notice.If an SOW is grants to Sigma a revocable, nonexclusive, worldwide, personal, terminated,Customer shall pay Sigma for all Deliverables delivered royalty-free and nontransferable license to use, solely for the and Services performed under this SOW prior to the effective date of purpose of providing Services under this SOW,any and all Technology termination,as well as any charges and expenses for the Deliverables owned by Customer, or owned by a third party and licensed to in development, if any, Promptly after receiving full payment Customer (tea the extent permitted by such license), necessary for therefore, Sigma will deliver to Customer any such Deliverables In Sigma to design, develop,test,operate,enhance and maintain the development on an 'as-is` basis and not subject to Customers Deliverables and/or provide the Services. The license granted herein Acceptance or to any warranties or Indemnification provided herein, shall expire upon acceptance of the Deliverables or completion of the Services and shall under no circumstances give Sigma any right In or 17° CONSENT TO USE SU8CONTk6CTQR5 claim to such Technology other than as expressly set forth above or From time to time In the performance of this SOW, It may be alter Customer's ownership of the Deliverables and Developed work necessary or desirable for Sigma to engage third parties as under this SOW as set forth In this SOW. subcontractors. Customer consents and agrees that Sigma may engage subcontractors to provide services hereunder, as It deems 14. INSUftANCE necessary, but that Sigma shall retain full responsibility for all such Sigma agrees to provide and to maintain In effect at all times during services. within the first twenty-four(24)hours actually worked by the terra of this SOW, at Its sole expense, the following minimum any subcontractor, Customer shall review the subcontractor's Insurance coverage: performance and decide whether such subcontractor's performance • Workers' Compensation covering Its Personnel In accordance is acceptable. If Customer Is dissatisfied with the performance of the with applicable Statutory requirements and Employer's Liability subcontractor and wishes Sigma to replace such subcontractor, Insurance In an amount of not less than $1,000,000 per Customer must provide written notification to Sigma within the Initial accident for bodily Injury by accident,$1,000,000 policy limit by twenty-four (24) hour period, specifying the reasons for Its disease and S1,0110,000 per employee for bodily Injury by dissatisfaction and requesting the replacement of the subcontractor. disease. Customer shall not be required to pay for the hours worked by that • Commercial General Liability Insurance written on an subcontractor during the Initial twenty-four (24) hour period, occurrence form including coverage for bodily Injury,property provided Its reasons for requesting the replacement are not unlawful damage, products and completed operations, personal Injury, and are bona fide in Sigma's reasonable judgment. If Customer advertising Injury and contractual liabilities arising out of any becomes dissatisfied with the performance of a subcontractor after and all Services provided under this SOW with minimum limits the initial twenty-four(24)hour period,Customer may still request of$1,000,000 per occurrence and$2,000,000 annual aggregate. that Sigma replace the subcontractor,but Customer shall pay for all hours worked by the terminated subcontractor from the first hour of SAN-0139a 02013 Sigma T I I ,Inc.Confidential Page SIGMA City of Corpus Christi C ) L Ui ..lu t 1 C N S SOW for N5K N2K work up to and including the date of termination. Sigma shall use 20, COUNTERPARTS commercially reasonable efforts to replace a subcontractor removed This SOW may be executed In any number of counterparts,each of for performance reasons, within 5 business days of the date of which when so executed and delivered shall be deemed original and removal. Sigma reserves the right to adjust the delivery schedule In such counterparts together shall constitute but one and the same the event a subcontractor Is removed pursuant to this Paragraph 17. instrument, The Parties further agree that executed documents 18, EXTENT OF SOW under this SOW may be sent via facsimile or scanned and sent via THIS SOW,INCLUDING ANY CHANGE AUTHORIZATIONS,APPENDICES, electronic mail. ADDENDU S OR ATTACHMENTS, CONSTITUTES THE FINAL AND 21. GOVERNING LAW COMPLETE EXPRESSION OF ALL TERMS OF THE AGREEMENT This SOW shall be governed by and construed in accordance with the BETWEEN THE PARTIES, IT SUPERSEDES ALL PROPOSALS, laws of the State of Texas excluding its choice of law rules.Exclusive UNDERSTANDINGS,AND NEGOTIATIONS CONCERNING THE MATTERS and mandatory venue shall be In San Antonio,Bexar County,Texas.In THAT IT COVERS. ANY REPRESENTATIONS, ORAL STATEMENTS, OR the event any dispute,claim,question or difference shall arise out of WARRANTIES MADE BY EITHER PARTY THAT DIFFER IN ANY WAY or relating to the SOW or the breach,termination or Invalidity hereof FROM THE TERMS OF THIS SOW SHALL BE GIVEN NO FORCE OR (a -Dispute'), the Parties hereto shall attempt in good faith to EFFECT. NO ADDITIONS TO OR MODIFICATIONS OF ANY PROVISIONS resolve such Dispute by negotlation between executives who have OF THIS SOW SHALL RE BINDING UPON EITHER PARTY UNLESS MADE authority to settle the controversy and who are at a higher level of IN WRITING AND SIGNED BY A DULY AUTHORIZED REPRESENTATIVE management than the persons with direct responsibility for OF THE PARTIES TO BE BOUND.CUSTOMER ACKNOWLEDGES THAT administration of this SOW.All negotiations pursuant to this clause ANY ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS are confidential and shall be treated as compromise and settlement CONTAINED IN CUSTO ER's PURCHASE ORDER SHALL NOT BE negotiations for purposes of applicable rules of evidence. If within APPLICABLE TO THE SERVICES TO BE PROVIDED HEREUNDER,EVEN IF fourteen(14)days after a Dispute arises a mutual agreement Is not SIGMA RELIES ON SUCH PURCHASE ORDER FOR INVOICING reached through negotiation,such Dispute shall be resolved by final, PURPOSES. non-appealable and binding arbitration in accordance with the then 19. WRITTEN COMMUNICATIONS current Commercial Arbitration Rules of the American Arbitration For the purposes of this SOON, written communication shall be Association before one 11l arbitrator experienced in the subject defined to include facsimile transmissions and electronic mail. matter of this SOW. The arbitration shall be held in San Antonio, Bexar County,Texas. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this SOW,the prevailing Party In such proceeding shall be entitled to recover its reasonable attorneys'fees and expenses of litigation incurred In the proceeding from the non-prevailing Party, as well as any reasonable attorneys' fees and costs that the prevailing Party incurred prior to commencing the proceeding. By signing below,both Sigma and the Customer agree to the Terms and Conditions of this SOW. Sigma Technology Solutions,Inc. City of Corpus Christi Signature: cvz, Signature: Name-, ® ® Name: Title: Title: Date: Date: Upon execution,please submit signed document to ps_operations@sigmasolinc.com. SAN-0139a 02013 Sigma Technology Sofutions,Inc. ential Page 10 Computer Solutions ��IIIII U Mir 814 Arion Parkway Suite 101 Date Expiration San Antonio,Texas 78216 Aug 29, 2013 2:45 PM Date CDT ]an 31, 2014 I"��L"III" ��ILI �Il United States , � � httplu �� ://www.comsoltx.com Doc# �110 42142- rev 2 of 2 810SINIfSS..'FE(,HN10 00y INNOVATION Description Cisco Unified Comm Upgrade SalesRep Jones, David (P) 210-369-0318 (F) 210-369-0389 Customer Contact Trevino, David (P) 361-826-3754 dtrevino @cctexas.com Customer Bill To Ship To Sales Order Type:Drop Ship City of Corpus Christi (16975) City of Corpus Christi City of Corpus Christi 1201 Leopard Street Accounts, Payables Data Center, MIS Corpus Christi,Texas 78401 1201 Leopard Street 1201 Leopard Street, City Hall (P) 361-826-4091 Corpus Christi,Texas 78401 Basement (P) 361-826-4091 Corpus Christi,Texas 78401 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Customer 130: Terms: Ship Via: None Net 30 Days FedEx Ground Special Instructions Carrier Account#: None None ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Illl J7J1JllNF'!9 4� ,'✓' .Nrii'. ,1JE'_111 �4N 1,1N ,111111/,4 K.4lip Cisco UWL Licensing 1 Unified Workspace Licensing -Top Level for STD CUWL-STD-K9 N/A 1 No $0.00 $0.00 ESSENTIAL SW Unified Workspace Lic-Top Level for STD 2 Technical support- phone consulting - 1 year- 24x7-for CON-ESW-CUWLSTK9 N/A 1 No $0.00 $0.00 CUWL-STD-K9 3 Included CUCM IM and Presence for on-premise use CUPS-ONPREM-OPT N/A 1 No $0.00 $0.00 License- 1 license 4 Migrate Enhanced UCM UCAPP single user to STD- install MIGE-CMAPP-UWL-STD $50.002000 No $13.07 $26,140.00 base 5 Migration from Unity to Unity Connection 9.0 UTY2UCXN-MIG-UWL N/A2000 No $0.00 $0.00 6 WebEx PAK for CUWL Standard WEBEX-UWL-S-PAK N/A 1 No $0.00 $0.00 7 Cisco Jabber for Mobile Android RTU ADR-UWL-RTU N/A 1 No $0.00 $0.00 License- 1 license-Android 8 Cisco Mobile Voice RTU VOIP-IPH-UWL-RTU N/A 1 No $0.00 $0.00 9 Migrating from Unity Standalone to CUWL UNITY N/A 1 No $0.00 $0.00 Jabber for Desktop 9.x for CUWL Only 10 (v. 9.x) - license- 1 client-Win -for Cisco Unified JAB9-DSK-UWL N/A2000 No $0.00 $0.00 Workspace Licensing 11 Cisco Jabber for iPad JAB9-IPAD-UWL N/A2000 No $0.00 $0.00 12 Cisco Jabber for Mobile for Android ADR-USR-LIC-UWL N/A 1000 No $0.00 $0.00 License- 1 user-for Cisco Unified Workspace Licensing 13 Cisco Mobile Voice Client for iPhone VOIP-IPH-UWL N/A 1000 No $0.00 $0.00 14 Version 9.0 Software Kit UC-APPS-SW-9.0-K9 N/A 1 No $0.00 $0.00 15 IME 9.0 Media Kit IME-90-UWL N/A 1 No $0.00 $0.00 16 Include PAK Auto-expanding PAK for IME IME-PAK N/A 1 No $0.00 $0.00 (v. 8.0) - license- 1 license 17 Jabber for iPad Right to Use Certificate IPAD-UWL-RTU N/A 1 No $0.00 $0.00 18 Jabber for Desktop Right to Use Certificate JAB9-DSK-UWL-RTU N/A 1 No $0.00 $0.00 19 Services Mapping SKU 1K-10K UWL STD users LIC-UWL-STD-B N/A2000 No $0.00 $0.00 ESSENTIAL SW Services Mapping SKU 20 Technical support- phone consulting - 1 year- 24x7-for CON-ESW-LICUWLB $15.002000 No $11.76 $23,520.00 LIC-UWL-STD-B Subtotal $49,660.00 Cisco UCSS-U for CUWL Licensing Cisco Unified Communications Software Subscription 21 New releases update- 1 year-for Cisco Unified Workspace UCSS-U-UWL-STD-1-1 $35.002000 No $14.77 $29,540.00 Licensing Standard Edition - 1 user Subtotal $29,540.00 x3 C220 Ms UCS Servers for Remote Subscribers UCS C220 M3 SFF w/o CPU mem HDD PCIe PSU w/rail kit 22 Server- rack-mountable- lU -2-way- RAM 0 MB- UCSC-C220-M3S $2,860.00 3 No $1,036.81 $3,110.43 SATA/SAS- hot-swap 2.5"- no HDD- Monitor : none. SMARTNET 24X7X4 UCS C220 M3 SFF w/o 23 Extended service agreement- replacement-24x7-4 h - CON-SNTP-C220M3SF $360.00 3 No $279.14 $837.42 for P/N: UCSC-C220-M3S, UCSC-C220-M3S=, UCSC-C220-M3S-CH VMware vSphere 5 Standard (1 CPU) lyr Support Required 24 (v. 5)- license- 1 CPU - 1 year Support and Subscription VMW-VS5-STD-1A $1,866.00 6 No $751.62 $4,509.72 required ISV 24X7 VMware vSphere Standard List Price is ANNUAL 25 Technical support- phone consulting - 1 year- 24x7-for CON-ISVl-VSSSTDIA $420.00 6 No $325.66 $1,953.96 P/N:VMW-VS5-STD-1A 3.30 GHz E5-2643/130W 4C/IOMB Cache/DDR3 1600MHz 26 3.3 GHz-4 cores- LGA2011 Socket-for UCS C220 M3, UCS-CPU-E5-2643 $2,549.53 6 No $924.25 $5,545.50 C240 M3 8GB DDR3-1600-MHz RDIMM/PC3-12800/dual rank/1.35v 27 Memory-8 GB- DIMM 240-pin - DDR3- 1600 MHz/ UCS-MR-1X082RY-A $339.00 24 No $122.89 $2,949.36 PC3-12800- 1.35 V- registered - ECC-for UCS B200 M3, C220 M3, C240 M3 300GB 6Gb SAS 15K RPM SFF HDD/hot plug/drive sled 28 mounted UCS-HDD300GI2F105 $1,216.00 24 No $440.82 $10,579.68 Hard drive- 300 GB- hot-swap- 2.5" SFF- SAS-2- 15000 rpm-for UCS B200 M3, B250 M2, C220 M3, C250 M2 Reversible Cable Management Arm for C220C22C24 servers 29 Cable management arm-for UCS C220 M3 High-Density UCSC-CMAI $185.00 3 No $67.07 $201.21 Rack-Mount Server Small Form Factor Power Cord 125VAC 13A NEMA 5-15 Plug North America 30 Power cable(125 VAC) - NEMA 5-15 (M)- North America - CAB-9K12A-NA N/A 6 No $0.00 $0.00 for MDS 9216i Multilayer Fabric Switch 650W power supply for C-series rack servers 31 Power supply- hot-plug/redundant(plug-in module) UCSC-PSU-650W $630.00 6 No $228.39 $1,370.34 AC 180-264 V- 650 Watt-for UCS C220 M3, C240 M3 Mega RAID 9266-8i + battery backup for C240 and C220 Storage controller(RAID) - 8 Channel- SATA-600/SAS 32 2.0 low profile-600 MBps- RAID 0, 1, 5, 6, 10, 50, 60- UCS-RAID-9266 $2,061.00 3 No $747.15 $2,241.45 PCI Express 2.0 x8-for UCS C220 M3 High-Density Rack-Mount Server Small Form Factor Enable RAID 10 Setting 33 RAID controller upgrade key-for UCS C200 M1, C200 M2, R2XX-RAID10 $1.00 3 No $0.36 $1.08 C210 M1, C210 M2, C250 M1, C250 M2, C460 M1, C460 M2 Intel 1350 Quad Port 1Gb Adapter 34 Network adapter- PCIe- 1OMb LAN, 100Mb LAN, Gigabit UCSC-PCIE-IR]45 $999.00 3 No $362.16 $1,086.48 LAN - 1OBase-T, 100Base-TX, 1000Base-T-4 ports-for UCS C220 M3, C240 M3 Heat Sink for UCS C220 M3 Rack Server 35 Heat sink-for UCS C220 M3 High-Density Rack-Mount UCSC-HS-C220M3 $169.00 6 No $0.00 $0.00 Server Small Form Factor Rail Kit for C220 C22 C24 rack servers 36 Rack rail kit-for UCS C220 M3 High-Density Rack-Mount UCSC-RAM $240.00 3 No $0.00 $0.00 Server Small Form Factor 16GB SD Card Module for C220 servers 37 Flash memory card - 16 GB- SD-for UCS C220 M3 UCSC-SD-I6G-C220 $140.00 3 No $50.75 $152.25 High-Density Rack-Mount Server Small Form Factor Subtotal $34,538.88 Computer Solutions Professional Services 38 ComSol Professional Services ComSol PS $36,871.23 1 No $36,871.23 $36,871.23 T&M Engagement/DIR-Preferred Rate Note: Formal LOE to be provided to detail/outline scope of work&activities to be performed. Subtotal $36,871.23 Cisco DIR Contract: DIR-SDD-1382 Subtotal: $150,610.11 Expiration Date: 5/18/2014 Tax(0.000%): $0.00 Vendor ID: 1942650013800 Shipping: $0.00 Computer Solutions Co. Certifications: Total:$150,610.11 HUB(Historically Underutilized Business)Certification #1942650013800 Expires 06/25/2014 WBE (Women Business Enterprise) Certification #211089371 Expires 08/31/2013 Thank you for the opportunity to provide this quote.This quote is valid for 30 days. Freight charges are estimates only. Returns are subject to approval and may include a restocking fee. Planning Note The Champion ONE equipment carries a five year warranty. A maintenance channel for the 10GigE services is quoted. If an XFP fails, roll service to the maintenance channel and return the failed part to Champion ONE for repair of replacement using the RMA process. A spare SFP is quoted. If a SFP fails, replace it with the spare and return the failed part via the RMA process. The current lead time is 6 weeks ARO. Champion ONE Terms and Conditions are attached Installation service is quoted for two technicians at 8 hours of work. A detailed Scoop of Work will be prepared for your signature. Tech Note 10dB Attenuators are required if any lab testing is planned. PROPRIETARY - For use ONLY by The City of Corpus Christi and Champion ONE 1 of 1 Customer Information The City of Corpus Christi David Trevino Date 1/3/2014 Expiration Date 2/2/2014 Prepared by Ocie Perry Tel: 216 831-1800 ext 117 Passive CWDM Network Quote for The City of Corpus Christi DHAMPION 23645 Mercantile Road, Suite A Beachwood, Ohio 44122 216-831-1800 Name: Contact: Address: Phone: Project: CWDM-AF03C-RBL 8 Channel CWDM MuxDemux, 1470-1610nm, Mon, 1310 PB, LC, Rack Mount, Rev B $1,699.00 2 $3,398.00 1 1 WDM-CHASSIS-RB 1 RU two Slot Chassis for relay rack modules Rev B $149.00 2 $298.00 1 1 10GXFP1470CWDM70 10 GIG CWDM1470 XFP 70KM $2,338.00 2 $4,676.00 1 1 10GXFP1490CWDM70 10 GIG CWDM1490 XFP 70KM $2,338.00 2 $4,676.00 1 1 10GXFP1510CWDM70 10 GIG CWDM1510 XFP 70KM $2,338.00 2 $4,676.00 1 1 10GXFP1530CWDM70 10 GIG CWDM1530 XFP 70KM $2,338.00 2 $4,676.00 1 1 1000SFP1550CWDM80R2 1 GIG E CWDM 1550 SFP 80KM, REVISION 2 $458.00 3 $1,374.00 1 1 1 10GXFP1610CWDM70 10 GIG CWDM1610 XFP 70KM (maintenance channel) $2,338.00 2 $4,676.00 1 1 ATTEN10dBLCLC 10 DB ATTENUATOR LC LC $20.00 0 $0.00 Installation Service Two on-site technicians for 8 hours of work to validate all 8 channels $2,000.00 Management Discount - 5% -$1,522.50 Shipping Costs FedEx Standard $76.00 Total $29,003.50 $13,996.00 $13,996.00 $458.00 Planning Note The Champion ONE equipment carries a five year warranty. A maintenance channel for the 10GigE services is quoted. If an XFP fails, roll service to the maintenance channel and return the failed part to Champion ONE for repair of replacement using the RMA process. A spare SFP is quoted. If a SFP fails, replace it with the spare and return the failed part via the RMA process. The current lead time is 6 weeks ARO. Champion ONE Terms and Conditions are attached Installation service is quoted for two technicians at 8 hours of work. A detailed Scoop of Work will be prepared for your signature. Tech Note 10dB Attenuators are required if any lab testing is planned. PROPRIETARY - For use ONLY by The City of Corpus Christi and Champion ONE 1 of 1 SC 0 M AGENDA MEMORANDUM G O U �apowR,k� First Reading Ordinance for the City Council Meeting of January 14, 2014 1852 Second Reading Ordinance for the City Council Meeting of January 21, 2014 DATE: December 11, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(a)cctexas.com 886-2604 Ordinance appropriating $30,000 from the American Society for the Prevention of Cruelty to Animals (ASPCA) Rachel Ray Challenge CAPTION: Ordinance appropriating $30,000 from ASPCA Rachel Ray Challenge in the No. 1020 General Fund to support the trap-neuter-return of feral cats in the community, targeted spay and neuter, and humane housing of animals at the animal care facility; and amending Ordinance No. 029915, which adopted the FY 2013-2014 Budget by increasing revenue and expenditures in the General Fund No. 1020 by $30,000 each. PURPOSE: Animal Care Services Division was awarded $30,000 from the ASPCA and the funds need to be appropriated. BACKGROUND AND FINDINGS: Corpus Christi Animal Care Services Division placed second in their Division in the 2013 ASPCA Rachael Ray $100,000 challenge. In addition to placing second in Division four, Corpus Christi Animal Care Services Division (CCACSD) placed fifth overall in the country, earning the "Most Improved Player' award. CCACSD was presented with a check in the amount of $30,000 from the ASPCA. Animal Care Services will use the prize money to expand our Targeted Spay/Neuter Program and provide humane housing for cats at the Animal Shelter. The 2013 ASPCA Rachael Ray $100K Challenge was a nationwide competition for animal shelters (and their communities) aimed at getting more animals adopted or returned to their owners than ever before. CCACSD competed against nine other similarly sized animal shelters in our division and 49 shelters nationwide. The shelter that demonstrated the largest increase of live release (return to owner and adoptions) during the months of June, July and August in comparison to 2012, earned the $100,000 grand prize. In placing second, CCACSD saved 858 dogs and cats during the three month period, an increase of 553 lives saved over 2012! The ASPCA reports that nationwide 56,379 lives were saved— an increase of 12,050 over last year. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 $30,000 $30,000 BALANCE $30,000 $30,000 Fund(s): General Comments: RECOMMENDATION: Staff recommends passing the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance. Ordinance Appropriating $30,000 from ASPCA Rachel Ray Challenge in the No. 1020 General Fund to support the trap-neuter-return of feral cats in the community, targeted spay and neuter, and humane housing of animals at the animal care facility; and amending Ordinance No. 029915, which adopted the FY 2013-2014 Budget, by increasing revenue and expenditures in the General Fund No. 1020 by $30,000 each. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,000 from the ASPCA Rachel Ray Challenge is appropriated in the No. 1020 General Fund to the trap-neuter-return of feral cats in the community, targeted spay and neuter, and humane housing of animals at the animal care facility. SECTION 2. That Ordinance No. 029915, which adopted the FY 2013-2014 Budget, is amended by increasing revenue and expenditures in the General Fund No. 1020 by $30,000 each. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor d AGENDA MEMORANDUM oaPOwR,k First Reading Ordinance for the City Council Meeting of January 14, 2014 2852 Second Reading Ordinance for the City Council Meeting of January 21, 2014 DATE: December 19, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(aD-cctexas.com 886-2604 Accepting and appropriating a grant to purchase equipment for the Internet Crimes Against Children (ICAC) Task Force program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program, in the amount of $4,084 to purchase equipment for the ICAC program within the Police Department; and appropriating the $4,084 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Office of Juvenile Justice and Delinquency Prevention Internet Crimes against Children Task Force program has approved a grant for the Corpus Christi Police Department Internet Crimes Against Children Task Force. The Police Department has been a member of the ICAC since 2003. These funds will be used for the purchase of equipment. There is no match required by the City. Funds are available from December 1, 2013 through January 31, 2014. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $4,084 $4,084 BALANCE $4,084 $4,084 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program, in the amount of$4,084 to purchase equipment for the ICAC program within the Police Department; and appropriating the $4,084 in the No. 1061 Police Grants Fund. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1, The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Office of Juvenile Justice and Delinquency Prevention Internet.Crimes Against Children (ICAC) Task Force program, in the amount of$4,084 to purchase equipment for the ICAC program within the Police Department SECTION Z That $4,084 is appropriated from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force Program in the No. 1061 Police Grants Fund to continue the ICAC program within the Police Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , ,by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CORPUS CHISTI POLICE DEPARTMENT OAG Contract No. 1447952 This grant contract-is executed between the Office of the Attorney General (OAG) and Corpus Christi Police Department (GRANTEE) for certain grant funds. The Office of the Attorney General and Corpus Christi Police Department may be referred to in this contract individually as "Party"or collectively as "Parties." SECTION 1. PURPOSE OF THE CONTRACT The Internet Crimes Against Children (ICAO) Task Force Program, United States Department of Justice, Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency Prevention, seeks to maintain and expand State and regional ICAC task forces to address technology-facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, and investigate Internet crimes against children. The program requires existing i task forces to develop multi- jursdictional, multi-agency responses to such offenses by providing funding and other support to State and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. The purpose of this contract is to provide reasonable contractual controls to ensure that the public purposes of the grant are achieved. SECTION 2 TERM OF THE CONTRACT This contract shall begin on December 1, 2013 and shall terminate January3l, 2014, unless it is terminated earlier or extended in accordance with another-provision of this contract. The OAG is not obligated to reimburse expenses that were incurred prior to the commencement or after the termination of this contract. SECTION 3 GRANTEE'S CONTRACTUAL,SERVICES 3.1 GRANTEE's Compliance with the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Cooperative Agreement for Award Number 2012-MC-FX-K047. The GRANTEE will comply with the terms and conditions as set forth and required in the Cooperative Agreement between the OAG and the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Award Number 2012-MC-FX-K047, (OAG Award Document), as well as the applicable provisions of the OAG ICAC Grant Application or OAG Award Document as supplemented, amended or adjusted. ICAC 5ubrecipient Grant Contract—Corpus Christi Police Department Page 1 or Is 3.2 Establishment of Final Project Budget; Grant Project Narrative; Special Conditions. The GRANTEE's budget is attached as Exhibit A. The grant project narrative is as follows: To support the purchase of certain supplies. The Special Conditions, including the OAG Award Document, are attached as Exhibit B. The OAG, at its sole discretion, will establish the final project targets, outputs, and outcomes. In addition, the OAG, at its sole discretion, may adjust GRANTEE's budget, targets, outputs, outcomes and/or any other items as deemed appropriate by the OAG, at any time, during the term of this contract. The OAG, at its sole discretion, may supplement, amend or adjust the Special Conditions attached to this contract. SECTION 4 REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG, the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE. 4.1.2 Cooperation; Additional Information; Immediate Notification and Correction and Inaccuracies. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information may be required as requested by the OAG. GRANTTEE will immediately notify the OAG in the event GRANTEE discovers that any previously submitted information was inaccurate and forward the correction information to the. OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit within ten (10) business days, notice to the OAG of any change of the following: GRANTEE's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE's name requires an amendment to the contract. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's letterhead, with original signature. GRANTEE, by an email, fax or GRANTEE letterhead signed by the Authorized Official, may request a change to the Grant Contact. ICAO Subrecipient Grant Contract-Corpus Christi Police Department Page 2 of 18 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization including financial and programmatic policies and procedures. Such fiscal and programinatic management shall include accountability for all funds and materials received from the OAG, compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain appropriate financial management and control systems, which include budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of any findings and applicable annual financial statements. 4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.2 Programmatic Reports 4.2.1 ICAC Semi-Annual Statistical (Performance) Reports, including Outcome Measure Reports. GRANTEE will support the OAG in its progress reporting requirements, including the reporting requirements of outcome measures. The OAG is required to report, within 30 days after the end of the reporting periods, certain outcome measures. The semi-annual reporting periods end on the last day of June and December each year. The OAG will establish deadlines for the GRANTEE to meet its requirement to report to the OAG. Contents of Semi-Annual Statistical Reports. GRANTEE shall report data to the OAG on the following outcome measures: a. Number of CyberTipLine referrals received and investigated; b. Number of indictments obtained on CyberTipLine referrals; c. Number of convictions obtained on CyberTipLine referrals; d. Number of online solicitation of a minor(or its equivalent) arrests; e. Number of online solicitation of a minor (or its equivalent) indictments obtained; £ Number of online solicitation of a minor (or its equivalent) convictions iCAC 5ubrecipient Grant Contract—Corpus Christi Police Depanment Page 3of18 obtained; g. Total number of ICAC-related arrests during reporting period; h. Number of partner agencies that sign memorandum certifying compliance with ICAC program guidelines; i. Number of investigative technical assistance sessions that ICAC task force provides to non-member law enforcement agencies; j. Number of computer forensic technical assistance examinations that ICAC task forces provide to non-member law enforcement agencies; k. Percent increase in arrests related.to technology-facilitated child sexual exploitation and Internet Crimes Against Children; 1. Percent increase in computer forensic examinations completed by ICAC task forces; and m. Percent increase in investigative technical assistance sessions provided by ICAC task forces to nonmember law enforcement agencies. 4.2.2 ICAC Task Force Program Monthly Performance Measures. GRANTEE will support the OAG in its reporting requirements of the ICAC Task Force Program Monthly Performance Measures. The OAG will establish the GRANTEE's monthly reporting deadlines. The Performance Measures, which shall contain at a minimum the following additional supporting data elements: a. Complaints; b. Case Information; c. Goals; d. Court Actions; e. Technical Assists; f. Training; and g. Community Outreach Presentations. 4.2.3 ICAC Annual Reports. GRANTEE will support the OAG in its reporting requirements of the following measures: a. Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. b. Investigation and prosecution perfonnance measures of the task force, including: 1. the number of investigations initiated related to Internet Crimes Against Children; 2. the number of arrests related to Internet Crimes Against Children; and 3. the number of prosecutions for Internet Crimes Against Children, including- i. whether the prosecution resulted in a conviction for such crime; and ICAC Subrecipient Grant Contract—Corpus Christi Police Department Page 4 of IS ii. the sentence and the statutory maximum for such crime under State law. c. The number of referrals made by the task force to the United States Attorneys office, including whether the referral was accepted by the United States Attorney. d. Statistics that account for the disposition of investigations that do not result in arrests or prosecutions, such as referrals to other law enforcement. e. The number of investigative technical assistance sessions that the task force provided to nonmember law enforcement agencies. f. The number of computer forensic examinations that the task force completed. g. The number of law enforcement agencies participating in Internet Crimes Against Children program standards established by the task force. 4.2.4 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG for any variances by GRANTEE from projected performance. In addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the any reports presented to the OAG. 4.2.5 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports required by the contract or self-evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis and make available at reasonable times and for reasonable periods, client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.3 Financial Matters 4.3.1 Grant Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the annual budget as established in this contract. 4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for reimbursement for the actual and allowable allocable costs incurred by GRANTEE for project costs to provide services under this contract. The payments made to GRANTEE shall not exceed its actual and allowable allocable costs to provide the services under this contract. The request for reimbursement will be submitted to the OAG in the form and manner as approved by the OAG and will specify the -detailed and total expenses for the month, in the ICAO Subrecipient Grant Contract—Corpus Christi Police Deparbuent Page 5of18 following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. The request for reirnbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. A financial status report is required each month, whether GRANTEE has paid expenses, or is seeking reimbursement. 4.3.3 Fiscal Year End Required Reports. On or before March 17, 2014 or a date as established by the OAG, GRANTEE will submit fiscal year end required reports. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report which provides record of the current inventory of items purchased, disposed, replaced or transferred of any equipment purchased with grant funds. 4.3.4 Annual Independent Financial Audit Report. GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit— "timely" means on or before May 31 for an grantee whose fiscal year ends on August 31 of each year; otherwise, the timely submission to the OAG is on or before nine (9) months after the end of GRANTEE's accounting year. GRANTEE will contract an independent CPA firm to perform an annual financial audit engagement. GRANTEE's independent CPA firrn will detennine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of OMB Circular A-133 (audits of State, Local Governinent, and Non-Profit Organizations) and/or Texas Single Audit Circular (Single Audit or non-Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRANTEE. 4.3.5 Timing of Submission of Request for Reimbursement to the OAG; Close Out Invoice. GRANTEE is responsible for submitting bills in an accurate and timely manner, and shall make every reasonable effort to submit monthly billings to the OAG, which cover the previous month's expenses, so that they are received by the OAG on or before the twentieth (20t) of each month, or if the 20d' falls on a weekend or holiday, the next business day. The OAG will make all reasonable efforts to promptly process and make payments on properly completed billings. GRANTEE may submit a final invoice not later than the earlier of(1) forty- five(45) calendar days after termination of this contract; or (2) forty-five(45) calendar days after the end of each state fiscal year. 4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs ICAO Subrecipient Grant Contract—Corpus Christi Police Depart vent Page 6 of 18 incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse GRANTEE for employee costs that are directly related to performing the responsibilities of this contract. 4.3.7 Refunds and Deductions. If the OAG determines that GRANTEE has been overpaid grant funds under this contract, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment which shall be available to the OAG at all times upon request, however, as between the OAG and Grantee title for equipment will remain with Grantee. GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event GRANTEE is indenmified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this contract, it shall use the proceeds to repair or replace said equipment. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. SECTION 5 OBLIGATION'S OF OAG 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this contract. ICAC 5ubrecipient Grant Contract—Corpus Christi Police Department Page 7 of l8 5.3 Reimbursement of Grantee Expenses. The OAG shall be obligated to reimburse GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this contract. The OAG is not obligated to pay unauthorized costs. Prior written approval from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to previously un-awarded budget categories, changing funds in any awarded budget category by more than 10% of the annual budget and/or adding new line items to any awarded budget category. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void unless a written amendment to this contract is first executed. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds delineated in this contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG. GRANTEE agrees that the grant funds if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this contract. GRANTEE agrees that, notwithstanding any other provision of this contract, if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for this grant program, or if the funds appropriated to the OAG for this grant program are required by the state to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. SECTION 6 TERMINATION 6.1 Termination for Convenience. Either Parry may, at its sole discretion, terminate this contract without recourse, liability or penalty, upon thirty (30) calendar days notice to the other party. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. Termination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive ICAC Subrecipient Grant Contract—Corpus Christi Police Department Page 8 of 18 any such termination or by its nature would be intended to be applicable following any such termination. The following terns and conditions, (in addition to any others that could reasonably be interpreted to survive but are not specifically identified), survive the termination or expiration of this contract: Sections 4, 5, 7; 11; and 12. SECTION 7 AUDIT RIGHTS; RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the OAG to verify all reporting measures and requests for reimbursements related to this contract. GRANTEE also shall maintain such records as are deerned necessary by the OAG, OAG's auditor, the State Auditor's Office or other auditors of the State of Texas, the federal government or such other persons or entities designated by the OAG,to ensure proper accounting for all costs and performances related to this contract. 7.2 Records Retention. GRANTEE shall maintain and retain for a period of four (4) years after the submission of the final expenditure report, or until full and final resolution of all audit or litigation matters which arise after the expiration of the four (4) year period after the submission of the final expenditure report, whichever time period is longer, such records as are necessary to fully disclose the extent of services provided under this contract, including but not limited to any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for all reporting measures and requests for reimbursements. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of its systems. GRANTEE's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. 7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make available all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the perfornance of this contract, compliance with the applicable state or federal laws and regulations, and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any other entity, person, or contractor receiving fund directly under this contract or through a subcontract under this contract to likewise permit access to, inspection of, and reproduction of all books, records and other relevant information of the entity, person or contractor that pertain to this contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this contract shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five (5) business days advance notice of any such examination or audit. ICAC 5ubrecipient Grant Contract—Corpus Christi Police Department Page 9 of 18 7.5 State Auditor. In addition to and without limitation on the other audit provisions of this contract, pursuant to Section 2262.003 of the Texas Government Code, the State Auditor's Office may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by GRANTEE or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, GRANTEE or another entity that is the subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of GRANTEE related to this contract. 7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office-related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this contract. SECTION 8 SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web-based data collection method. Programmatic Reports and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence, reports or notices, except financial reports specified below, must be submitted via email to: OAG-Grants @texasattomeygeneral.gov If requested or approved by the OAG, other programmatic reports may be submitted to: Program Manager—Grants Administration Division Office of the Attorney General Mail Code 005 1CAC Subrecipient Grant Contract—Corpus Christi Police Department Page 10 of 18 Post Office Box 12548 Austin,Texas 78711-2548 8.2 Financial Reports (excluding Programmatic Reports and Information). All financial status reports, requests for reimbursement, audits, and inventory reports, must be submitted in hard copy format to: Financial Manager—Grants Administration Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 The Annual Independent Financial Audit and related documents, as well as any other reports, if requested or approved by the OAG, may be submitted to: OAG-Grants@tcxasattomeygeneral.gov SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE'S performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information, may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with the expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement, ICAC Subrecipient Grant Contract-Corpus Christi Police Department Page 11 of 18 reducing funding, terminate this contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION 10 GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, OMB circulars, or any other authorities relevant to the performance of GRANTEE under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended, GRANTEE agrees to comply with Uniform Grant Management Standards (UGMS), as promulgated by the Texas Governor's Budget and Planning Office. Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances as contained in the Application Kit. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE. Grantee shall follow OAG fiscal management policies and procedures in processing and submitting for reimbursement GRANTEE's billing and maintaining financial records relating to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given or offered to give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to its performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this contract. 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is in good standing with all regulatory agencies that ICAC Subrecipient Grant Contract—Corpus Christi Police Department Page 12 of 18 regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain in good standing with the Texas Secretary of State, Texas Comptroller of Public Accounts and related federal governmental bodies related to GRANTEE's right to conduct it business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state, or federal laws. If GRANTEE is a law enforcement agency regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees that it is in compliance with all rules developed by the Texas Conunission on Law Enforcement Officer Standards and Education. SECTION 11 SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered an OAG employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant,joint venturer,joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE'S contractors shall be considered to be solely the employees or agents of GRANTEE or the contractors. GRANTEE or GRANTEE'S contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. To the extent allowed by law, GRANTEE or contractors are responsible for all types of claims whatsoever due to the actions or performance under this contract, including, but not limited to, the use of automobiles or other transportation taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties. GRANTEE and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of actions or performance of GRANTEE or GRANTEE'S contractors under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its employees, representatives, agents, or subcontractors in their performance under this contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent fiom the OAG. This section is not intended to and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas ICAO Subrecipient Grant Contract-Coq)us Christi Police Department Page 13 of IS Open Meetings Act and/or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty-free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE to the OAG or the state (or federal government, if federal funds are expended in this grant) government. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate at its sole discretion, any component of such intellectual property made the subject of this contract. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this contract are considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this contract term; prograin income not expended in this contract tern shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG. GRANTEE may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment. In the event OAG approves subcontracting or assignment by GRANTEE, GRANTEE will ensure that its contracts with others shall require compliance with the provisions of this contract to the extent compliance is needed to support GRANTEE's compliance with this contract. GRANTEE, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this contract and that the OAG shall not be liable in any manner to GRANTEE's subcontractor(s). 11.8 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. ICAC Subrecipient Grant Contract—Corpus Christi Police Department Page 14 of)8 11.9 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above- named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the venue is improper. 11.11 Catalog of Federal Domestic Assistance Number. The Catalog of Federal Domestic Assistance Number (CFDA) number for the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention program is 16.543, titled "Missing Children's Assistance." 11.12 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a Memorandum of Understanding that outlines the duties and responsibilities of GRANTEE as a member of the Internet Crimes Against Children Task Force. GRANTEE agrees to comply with the approved Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention ICAC Task Force Operational and Investigative Standards. SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section I are intended to be a general introduction to this contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, including Exhibits. This contract, including all exhibits, reflect the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative to such subject matter. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. 12.3 Amendment. This contract shall not be modified or amended except in writing, signed ICAO Subrecipient Grant Contract—Corpus Christi Police Department Page 15 of 18 by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and presumed to be supported by adequate consideration. 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. 12.5 Non-waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract. 12.6 Official Capacity. The Parties agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY CORPUS CHRISTI POLICE GENERAL OF TEXAS DEPARTMENT Printed Name: Printed Name: �� L [CAC Subrecipient Grant Contract—Corpus Christi Police Departiucnt Page 16 of 18 EXHIBIT A GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CORPUS CHRISTI POLICE DEPARTMENT OAG Contract No. I447952 Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the OAG to GRANTEE, directly or indirectly, arising out of this contract for reimbursement of all expenses, shall not exceed: FOUR THOUSAND EIGHTY FOUR AND 00/100 ($4,0$4) DOLLARS Subject to the limitations within this contract, the OAG will reimburse GRANTEE for actual allowable and allocable costs paid according to the following amounts and budget categories: Budget Category Amount Personnel $0.00 Fringe Benefits $0.00 Professional&Contractual Services $0.00 Travel $0.00 Equipment $0.00 Supplies $4,084.00 Other Direct Operating Expenses $0.00 Total $4,084.00 1CAC subrecipient Grant Contract—Corpus Christi Police Department Page 17 of 18 EXHIBIT B GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CORPUS CHRISTI POLICE DEPARTMENT OAG Contract No. 1447952 SPECIAL CONDITIONS Special Conditions are imposed by the OAG at its sole discretion. In addition to the ones identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special conditions, with or without notice,without amending this contract. GRANTEE'S signature on this contact will be treated as a signature agreement for each of the 15 pages of the Special Conditions, as attached. The Special Conditions that apply to this contract are: • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Special Conditions of the Cooperative Agreement (OAG Award Document), 2012-MC-FX-K047, and any subsequent award document. Seven(7) pages. • Compliance with the Department of Justice, Office of Justice Programs, Office of Civil Rights federal civil rights laws, as provided in letter dated September 28, 20125 to Texas Office of the Attorney General and any subsequent award document. Two (2)pages. • Department of Justice, Office of Justice Programs, Assurances — Non Construction and Standard Assurances. r Six(6)pages. ICAC Subrecipient Grant Contract—Corpus Christi Police department Page 19 of 18 DepartBlent of Justice �z Office of Justice Programs PAGE I OF 7 Office of Juvenile Justice and Cooperative Agreement Delinquency Prevention I.RECIMENT NAME ANDADDRESS fJnclnding Zip Code€ 4.AWARD NUMBER: 2012-MC-FX-KD47 Texas Ul3ice of the Attomey General "', '', PO Box 12545 5.PROJECT PERIOD:FROM 87!01.12012 TO 061',W2014 Austin.TX 79711-2548 BUDGET PERIOD:FROM 07'411x2012 TO 06;302014 6.AWARD DATE 09.-16;2013' :7.ACTION [A.GRANTEE IRS:VEKDOR NO. 8.SUPPLEMENT NUMBER Supplc:uc:val 746000057 01 9.PREVIOUS AWARD AMOUNT S 4211,311 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD S491,313 Texas Ofnce of the Attorney General Sotultens ICAC Task Force 11.TOTAL AWARD S919,624 12.SPECIAL CONDITIONS THE ABOVE GRANS'PROJECT IS APPROVED SUBJECT TO SUCH CONDITION'S OR 11.1,11TATIONS AS ARE SET FORTRON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This Project is supported under FY]3EOJJDP ICAC TF I Pub.L.No.113-6:127 Sint.195,256 15.METHOD OF PAYMENT GPRS AGENCY APPROVAL E Iii ', € GRANTFEACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL l S.TYPED NAME AN'D TITLE OF AUTHORIZED GRANTEE OFFICIAL Karol Virginia Mason Daniel Hodge Assistant At[orncv General First Assistant Attorney General 17.SIGNATURE OF APPROVING OFFICIAL '; 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE AGENCY USE ONLY 20..ACCOUNTING CLASSIFICATION CODES ' 21. LJtICTGTO164 FISCALYFUNDC $[,'D.A OFC, DIV,RE SUB. POMS AMOUNT EAR ODE.. CT. G. X I',- Mc 70 00 00 491313 � OJP FORM 400012(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000,,2(REV.4-8S) Department of Justice Office of Justice Proizrants AWARD r s O€tire ofJuv mile Justice and CONTLNUATIONSHElET PAGE a OF ' Delinquency Prevention W Cooperative Agreement PROJECT NUMBER 2012-MC-FX-K017 AWARD DATE {19;102013 SPECIAL CONDITIONS I. The recipient agrees to comply with the financial and administrative requirements set forth in-the current edition of the Office of Justice Programs(OJP)Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C.F.R.Section 42.302),that is approved by the Office for Civil Rights,is a violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the recipient is in compliance. I 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States, Local Governments,and Non-Profit Organizations,and further understands and agrees that funds may be withheld,or other related requirements may be imposed,if outstanding audit issues(if any)from 0I013 Circular A-133 audits(and any other audits of OJP grant funds)are not satisfactorily and promptly addressed,as further described in the current edition of the OJP Financial Guide, 4. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal.modification or adoption of any law,regulation or policy, at any level of govemment,without the i express prior written approval of OJP. i 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal,employee,agent,Contractor, j subgraniee,subcontractor,or other person has either 1)submitted a false claim for grant funds under the False Claims Act;or 2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud,waste, abuse,or misconduct should be reported to the OIG by- mail; Office of the Inspector General U.S.Department of Justice Investigations Division 950 Pennsylvania Avenue,N.W. j Room 4706 Washington,DC 20530 e-mail:oig.hotline(a usdoj.gov s hotline:(contact information in English and Spanish):(800)869-4499 or hotline fax:(202)616.9851 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. j 6. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any i contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries,without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may lie imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee.Cf.28 C.F.R.parts 66,70. I I I I I I I OJP FORM 4000.!2(REV.4-881 Department of Justice Ofticc of•lustice Programs AWARD Office of Juvenile Justice and CONTINUATIONSH>±ET rw�1 3 or 7 reventioDelinquency ? n Cooperative Agreement i i PROJECT NUMBPR 2012-.%4C-FX-K047 AWARD DATE 0916'2013 I SPECIAL COA%DITIOAS h. The recipient agrees to comply with applicable requirements regarding registration with the-System for Award 114anagement(SAM)(or witli a successor government-wide system officially designated by OMB and OJP). The recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Lumbering System(DUNS)number.The details of recipient obligations are posted oil the Office or justice Programs web site at ltttp:Iwww.ojp.eov,ifundin:Jsam.htm(Award condition:Registration with the System for Award Management and Universal Identifier Requirements),and are incorporated by retcrence here.This special condition does not apply loan award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9. Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Res. 31223(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies ~ banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 10. The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences,meetings,trainings,and other events..including the provision of food and/or beverages at such events,and costs ofattendance at such events. Information on pertinent laws.regulations,policies,and guidance is available at www.ojp.gov/funding/confcost.litin. 11. The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgramees,available at littp:llwww.ojp.usdgj.gov/funding/gjptriitiin gguidingprinciples.htnt. 12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal fiends other than this OJP award,and those award funds have been.are being,or are to be used,in whole or in part,for one or more of the identical cost items for which funds are being provided under this OJP award,the recipient will promptly notify,in writing,the grant manager for this OJP award.and,if so requested by OJP,seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. i 13. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those i funds,or of the parents or legal guardians of such students. i 14. The recipient understands and agrees that-(a)No award funds may be used to maintain or establish a computer network unless such network blocks the viewing,downloading,and exchanging of pornography,and(b)Nothing in subsection(a)limits the use of funds necessary for any Federal,State.tribal,or local law enforcement agency or any other entity carrying out criminal investigations,prosecution,or adjudication activities. 15. Prior to the expenditure of confidential funds,the recipient and any subrecipients agree to sign a certification indicating that lie or she has read,understands,and agrees to abide by all of the conditions pertaining to confidential fiend 3 expenditures as set forth in the OJP Financial Guide. I I I OR FORM 4000.2{REV,4-89) Department of Justice Office of.)ustice Programs AWARD a.- w Office of Juvenile Justice and CONTINUATIONSREET PACE a Or 7 Delinquency Prevention q Cooperative Agreement I P12OJ[CTttU\9HFI2 20I2-`vtC-E\-K047 AWARD DATE 439,161201; I SPECIAL CONDITIONS I 16- The recipient agrees to comply with applicable requirements to report first-tier subawards of 525,000 or more and.in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act oF2006(FFATA).are posted on the Office of Justice Programs web site at http:Ll'.vwti+°,ojp.govifwiding/flata,hcttr(Award condition:Reporting S(lbawards and Executive Compensation),and are incorporated by reference here. This condition,and its reporting requirement,does not apply to grant awards made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 17. With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any E employee ofthe award recipient at a rate that exceeds 1101b of the maximum annual salary payable to a member of the federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate,provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion ofthe OR official indicated in the program announcement under which this award is made. a i 3 I 3 I I I 3 1 3 i OJP FORM 4060;2(REV.448) Department of Justice Office of Justice Programs AWARD 3. F Office of Juvenile Justice and CO\`TII�UAT101�SH1 ET rAC t or• r Delinquency Prevention C ? ooperative Agreement PROJrCTNUMUR 2012-%1C-Fx-K047 ANVARnnATF 09.1612013 i i SPECIAL CONDITIOA'S 18. Within 45 calendar days after the end of any conference.meeting,retreat,seminar:symposium,training activity.or similar event funded under this award,and the total cost ofwhich exceeds 5201000 in award funds,the recipient must provide the program manager with the following infonnation and itemized costs: 1)name of event; 2)event dates. 3)location of event; i 4)number off'ederal attendees; 5)number of non-federa€attendees; 6)costs of event space,including rooms for break-out sessions; 7)costs of audio visual sen ices; i 8)other equipment costs(e.g..computer fees,telephone fees); i 9)costs of printing and distribution; I 10)costs of meals provided during the event; 11)costs of refreshments provided during the event; 12)costs of event plan ner; i 13)costs of event facilitators;and i 14)any other costs associated with the event. E The recipient must also itemize and report any of the following attendee(including participants,presenters,speakers) costs that are paid or reimbursed with cooperative agreement fiends: 1)meals and incidental expenses(MME portion ofper diem); 2)lodging; 3)transportation tolfrum event location(e.g.,common carrier,Privately Owned Vehicle(POV));and, 4)local transportation(e.g..rental car,POV)at event location. Note that if any'stem is paid for with registration fees,or any other non-award funding,then that portion of the expense does not need to be reported. Further instructions regarding the submission of this data,and how to detennine costs,are available at w«Z;•.ojp.gov/ft€ndi ng/con fcost.hum. i i OJP FORM 4000,2(RLV.4-89) I ! Department ofJusticc Office Of Justice Programs AWARD y Office of Juvenile Justice and CONT[NUAT[ONSHEET PAGE 6 OF 7 Delinquency Prevention q Cooperative Agreement E 3 PROJECT NUMBER 2012-MC-FX-KO47 AWARD DATE 09/16%2013 SPECIAL CO!VDITIONS 19. Approval of this award does not indicate approval of any consultant race in excess of$450 per day.A detailed Justification must be submitted to and approved by the Office of Justice Programs(OJP)program office prior to obligation or expenditure of such funds. 20. The Office of Juvenile Justice and Delinquency prevention has elected to enter into a Cooperative Agreement rather than a grant with the recipient. This decision reflects the mutual interest of the recipient and OJJDP in the operation of the project as well as the anticipated level of Federal involvement in this project. OJJDP's participatory role in the project is as follows: i a.Review and approve major work plans,including changes to such plans,and key decisions pertaining to project operations, i b.Review and approve major project generated documents and materials used in the provision of project services. Provide guidance in significant project planning meetings,and participate in project sponsored training events or conferences. 21. The Project Director and key program personnel designated in the application shall be replaced only for compelling reasons. Successors to key personnel must be approved,and such approval is contingent upon submission of appropriate information,including,but not limited to,a resume. OJP will not unreasonably withhold approval. Changes in other program personnel require only notification to OJP and submission of resumes,unless otherwise designated in the award document, 22. The recipient ag=rees that it will submit quarterly financial status reports to OJP on-line(at htips:/rgrants.Ojp.usdoj.gov) using the SF 425 Federat Financial Report form(available for viewing at wu,u.whiteh Ouse.;ov/Onb?grantslstandard forntslff report.pdf),not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the award period. 23. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end of the reporting periods,which are June 30 and December 31,for the life of the award. These reports%will be submitted to the Office of Justice Programs,on-line through the Internet at 3tttps://grants.ojp.usdoj.govl. 24. The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during the entire period of support under this award.This report will include detailed information about the project(s)funded, including,but not limited to,information about how the finds were actually used for each purpose area,data to support statements of progress,and data concerning individual results and outcomes of funded projects reflecting project successes and impacts.The final report is due no later than 90 days following the close of this award period or the expiration of any extension periods.This report will be submitted to the Office of Justice Programs,on-line through the Internet at https://grants.ojp.usdaj.gov/. i i i OJP FORM 4000,•2(REV.a-SS) Department ofJusticc Office of.lustice Programs AWARD Office of Juvenile Justice and CONTINUATIOINSHEET PAGE 7 Ot 7 °a s Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2012-MC-F\-K047 AA'ARDDATE G9;16r20t3 SPECIAL CONDIT10AW � 25-- ICAC Annual Reports [ The recipient agrees to submit annual reports to OJP that set forth the following: (A)Staffing levels of tine task force,including the number of investigators,prosecutors,education specialists,and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. (B)Investigation and prosecution performance measures of the task force,including-- (i)the number of investigations initiated related to Internet crimes against children; (ii)the number of arrests related to Internet crimes against children;and (iii)the number of prosecutions for Internet crimes against children,including-- (I)whether the prosecution resulted in a conviction for such crime:and (11)the sentence and the stawtory maximum for such crime under State law. (C)The number of referrals made by the task force to the United States Attornevs office,including whether the referral was accepted by the United States Attomey. (D)Statistics that account for the disposition of investigations that do not result in arrests or prosecutions,such as referrals to other law enforcement. (E)The number of investigative technical assistance sessions that the task force provided to nonmember law enforcement agencies. (F)The number of cmnputzr forensic examinations That the cask farce completed. (Ci)The number of lain enforcement agencies participating in Internet eritnes against children program standards i established by the task force. 26. The recipient agrees to forward reports of ICAC Task Force Program Monthly Perfonnance Measures to the OJJDP- designtated site. 27. The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards 28. The recipient acknowledges that the Office of Justice Programs(OJP)reserves a royalty-free,non-exclusive,and irrevocable license to reproduce,publish,or otherwise use,and authorize others to use(in whole or in part.including in connection with derivative works),for Federal purposes:(1)any work subject to copyright developed under an award or subaward;and(2)any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The recipient acknowledges that OJP has the right to(1)obtain,reproduce,publish,or otherwise use the data first produced under an reward or subaward-,and(2)authorize others to receive,reproduce,publish.or otherwise use such data for Federat purposes. "Data"includes data as defined in Federal:Acquisition Regulation(FAR)provision 52.227- l4(Rights in Data-General). It is the responsibility of the recipient(and of each subrecipient,if applicable)to ensure that this condition is included in any subaward under this award. The recipient has the responsibility to obtain from subrecipienls,contractors,and subcontractors(if any)all rig hts and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor,or subcontractor refuses to accept terms affording the Government such rights,the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 29. The recipient may not obligate,expend or draw down funds until the Office of the Chief Financial Officer(OCFO)has approved the budget and budget narrative and a Grant Adjustment Notice(GAN)has been issued to remove this special condition. 1 OJP NORM 40011;2(REV,4-58) Department of Justice Office of Rtstice Programs Office for Civil Rights lVashingrnir,D.C. �OS.iI September 28,2012 Mr.Daniel Hodge 'texas Office of the Attorney Caein nul PO Box 12548 AuStin,TX 7S711-2548 Dear Mr.Ilodge: Congratulations on your reeeut award.In estabiisiming Gnauic€al assistuncc prohr taus,Congress linked the receipt of Federal fwiding to compliance with Fadcnll civil right,;laws.The Office for Civil Rights(OCR),Office:of Justice Prograins(01P),U.S.Dapartmentoflusqjec is responsible for ensuring that recipients of financial aid from OJP,its Component offices and bureaus,the Office on Violence Against Women(OVW),and the,Office of Conamuniiy Orienled Policing Services(COPS)comply with applicable Federal civil rights statutes and regulations.We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding, Ensuring.Access to Federally Assisted Programs As you know,federal laws prohibit recipients of financial assistance from discriminating on the basis of race,color,national origin, religion,sax,or disability in funded programs or activities,not only in respect to employment practices but also in he delivery of services or benefits,Federal€acv also prohibits funded programs or activities front discriminating on the basis ofage in the delivery of services or benefits. Providing Services to Limited English Proliciency(LEP)Individuals In accordance with Department of Aistice Guidance pertaining Io Title VI of the Civil Rights Act of 1964,42 U.S.C.g 2000d,recipients of Federal financial assistance must large reasonable steps to provide meaningful;access to their programs and activities forpersons with limited English proficiency(LEP),For more information oil the civil rights respoosibilitics that recipients havo in providing language services to LEP indiv€duals,please see the websitc at http:/Avsvw.lep.gov. Ensuring E,qual Treatment for Faith-Based Organizations The Dcpariment ofJiistico has published a regulation specifically pertaining to the fmtnding offaaith-based organizations.In gancral,the regulation,Participation in Justice Deparhnow Prognilis by Religions Organizations;Providing for Lamral Treatment ofall Justice Department Program Participants,and known as the Ecliml Treatment Regulation 28 C.F.R.part 38,requires State A dministcring Agencies to treat these organizations the sarmme as any other applicant or recipient.The regulation prohibits State Administering:Agencies from making award or grant administration decisions on the basis of ar_organization's religinais character or affiliation,religious name,or the religious composition of its board of directors. The regulation also prohibits faith-based organizations front lasing financial assistance froth the Department of Justice to fund inherently religious activities.While faith-based organizations can engage in non-funded inherently religious activities,they nmst be held scpalntc?y from the Deoartmctmt of Justice funded programim,and cusioniers or beneticiarics cannot be eomac€led to participate in them.The Equal Treatment ieg€=.lation also makes clear that organ€zations participating in programs funded by the Department of Justice are not permitted to discriminate ill the-provision of scry€cgs on the basis of a beneficiary's religion.For more information on the regulation,please see OCR's website at http,/hvA w.ajp.usdoj.gov/ocrletfbo,itnam. State Adnministcring Agencies and faith-based organizations should also note that the Safe Streets Act,as ainenaed;the Victims of Crime Act,as amended;and the Juvenile Justice and Delinquency Prevention Act,as anicnded,contain prohibit ions t:gainst discrimination on the basis of religion in employment.Respite these nondiscrimination provisions,the ftistice Department has concluded that the Religious Freedom Restoration Act(RFRA)is reasonably construed,an a ease-bycase basis,to rcquirc that its funding agencies permit faith-based ornnfz futons applying for funding under the applicable program statutes both to receive DOJ flints and to Continue conFiclering religion when hiring staff,ev"of the Statute flint authorizes the funding probram generally forbids considering of religlOn in employment deClSteIFS by grnmees, Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. >fnforcing Civil Rights laws All recipients of Federal financial assistance,rcgardless of the particular funding source,the amount of the:grant award,or the number of etmployces in the workforce,are subject to the prohibitions against nalawfitl discrimination.Accordingly,OCR investigates recipients that are the subject of discrimination eompin(nt5 from both individuals and groups.In addition,based on regulatory criteria,OCR selects ti mmubcr orr eeipionts each year for compliance reviews,audits thst require recipients to submit data slowing that they are providing set"s'iees equitably to all Segments of tlicir service population and that their employment pmetices meet equal employment opportunity slatldards. Complying;with.the Safe Streets Actor Program Requirements In addition to these gencml prohibitions,an organizations which is a recipient offinancial assistance subjecl to the nondiscrimination provisions of the 0€nr,ibus Crime Control and Safe Strecls Acr(Safe Streets Act)of 190,42 U.S.C-§37S9d(e),or other Federal grunt program requirements,must meet two additional requirements:(i)complying with Fcdeml regulations pertai.ning to the development of an Squat Etuployment Opportunity Plan(EEOP),28 C.F.R.§42.301-.308,and(2)submitting to OCR Findings of Discriminalion(see 23 C.F.R.§§42,205(5)or 31.20.2(5)). 1) Meeting the BEOP Requirement In accordance with Federal regulations,Assurance No,6 in t3ic Standard Assurances,COPS Assurance No.S.B,or certain Federal grant program requirements,your organization must comply with the foilowinP ESOP reporting requirements: If your organization has received an mvOT(I for$500,000 or rare and has 50 or more employees(counting both full-and part-tima employees but excluding political appointees),then it has to prepare an EBOP and submit it to OCR For review witliin 60 days from the date of this letter.For assistance in developing an EEOP,please consult OCR's website its lhttp:r!wwev.oja.usdoj.govlocrleeop.hSna. You may also request technical assistance Front an EEOP specialist at OCR by dialing(202)635-3208. if your organization received mt award belwc.n 325,000 and.MD,00i1 and has 50 or more employees,your organization still has to prepare an HEOP,but it does not have to submit the ESOP to OCR for review_Instead,your organization has to maintain the EBOP on Me and make it available for revicw on rectucst,In addition,your organization has to complete Section B of the Certiftcntion Farnt and return it to OCR.The Ccrldfoation Form can be found at http:/I znvw,ajp.usdoj.gav/acr/eeop.F€m, ifyour organization received as award for less than 525,000;or ifyour organization has less than 50 employees,rcgerdicsa of the amount of The award;or if your orpnization is a medical institution,educational institution,nonpro°it organization or Indian tribe,then your organ=ization is exempt front the EEOP requirement,however,your must complete Section A of the Certification Form and return it to OCR.The Certification Form Can be found at littp:f/iv«,�v.ojp.usdo}.govlocr/ecop.htin. 2) Submitting Findings of Discrimination In the event a Federal or Slate court or Federal or State administrative agency makes an adverse finding o:`discrimination against your organization after a due process hearing,on the ground of race,color,religion,national origin,or sex,your organization must submit a copy of tine finding to OCR for review. n sin ing the compliance of subrccipients Ifyour organization makcs subm arils to other aecncics,you are responsible for assuring that subrccipients also comply with all of tho applicablerederal civil rights laws,including the requirements pertaining to developing and submitting au EEOP,reporting Findings of DISCFhnina€ion,and providing tangnage services to LEP persons.State agencies that matte subawards must have iu place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fitifiiling your civil rights responsibilities as a recipient of Federal funding,please call OCR at(202)307- 0690 or visit our webs itc at http:?lwcvw,ojp.usdoj.gov/acr/. Sineerely, �1?.:rt.�--� �•Michael L.L.Alston Director cc: Grant Mannper Financial Analyst i US DEPARTI�4E.IVT GF JUSTICE OFP10E OF JUST iCE PROu^F M4,S 0P910E OF THE C.0M.PTF'0 LLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)."The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1, LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigred shall complete and submit Standard Form - LLL, „Disclosure of Lobbying Activities,"in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly- 2. DEBARMENT. SUSPENSION AND OTHER RESPONSIBILITY MATTERS ORECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its•principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against there for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal. State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local)terminated for cause or default; and B, Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application_ 3. DRUG-FREE WORKPLACE GRANTEES OTHER THAN INDIVIDUALS As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 57.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform emp€oyees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs- and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1)Abide by the terms of the statement; and (2) Notify the employer in svriting of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing,within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction, Employers of convicted employees must provide notice, including position title, to: Department.of Justice Office of Justice Programs ATTN: Control Desk 810 Seventh Street, N.W., Washington, D.C. 20531 Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions,within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1)Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a)• (b), (c), (d), (e)• and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check_if there are workplaces on file that are not identified here, Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each f=ederal fiscal year, A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJf Form 406117. Check if the State has elected to complete OJP Form 4061/7. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS! As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Fart 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67 615 and 67.620 A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. if convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice Office of Justice Programs ATTN:'Control Desk 810 Seventh Street, N-W., Washington, D.C. 20531 As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: 2.Application Number and/or Project Name: G aL,C e� 3. Grantee IRSNendor Number 1734 DU Q,.S I,`� 4. Type/Print Name and Title of Authorized Representative Signature 6. Date OJP FORM 400-V6 REPLACES OJP FORMS 406112,40C113 AND 4061i4 WHICH ARE OBSOLETE OFFICE OF JUSTICE PROGRAMS EJA NIJ OJJGP BJS OVC 0%113 ;�PPRC>1`y LNo 1121-0140 EXPIRES 06,30 1-001) l STANDARD I t yt I - t M € F The Applicant hereby assures and certif:tes conipiiaa:ee With a.11 aPj)1icable 1=Cderal statutes, regulations, policies.guidelines, and roquiremenis, inc IUdin- OMB Circulars A-21,A-87.A-1€-102, A-110, A-122, A- , { r r f 1 a I' ,a ) 's C,F.R-,pis. 66 or 7fi 133. E�. Order 12372. inter;o�-4rt7rrtental revicww�a� c`c erul a-i.�r;.nts ;and �, (:rctnainistrative requirements for wxrants:rrt.i caanlxe.mtiwc xr'reenie:us). '['he sppl;i.cjnt also specifically f assures and CL'i'ttlll'ti that: f f I. It hats the le"Lil cit€Lh0ritt'to apply last-fzAcral assistance and the i nstimdonai, ursurs,eri;tl, and financial capability i including Rands SulfrCient Iwo pay any rquired tion-federal share o1'nraj°e.ct cost)to ensure j proper planning, munagernertt,and complt-lion of the project described in this application. i 2. !t will establish safeguard;to prohibit ernploy�cos from using their positions IOr a purpose that comaitute.s or presents the appearance of personal or mj�;anizational conflict of interest.or per,anal gain. ?. It wwill give the awwarding ageracv or the C;ertcral Accounting C7#;ice, tltrottgh any authorized w representative.access to and the right to examine all ptaper or electronic records related to the financial assistance, 4. 11 ,vill comply ww ith all laww rul requirements imposed by ih<awarding agmuy. specifically including j j any applicable rerulatic€ns.Such aS 28 C.I .R. pis. 18, 212, 2". 30, 35. 38, 42.6i,and 63, acid the award term in 2 C.F.R. § 175.15(1)). i 5, it will ;assist the awwardinO agency(if necessary) in assuring compliance w-rich section 106 of the National Historic Preservation :Act of 1966(16 U.S.C. § 470),Ex.Order 11593 (idimtification and protection of historic properties),the:Archeological and )IistoriLai Preservation Act of 1974 (l6 U.S.C.§ 469 a-I et seq.),and the National Environmental Policy Act of 1969(42 k;.S.C.'. §4321). 6. ft will comply(and ww ill require arty subz-mntees or contractors to comply;ww ith arty applicable ; statutorily-imposed nondiscrimination requirements, wwhich may include the 011111ibtlS Crime.Control and � Safe Streets Act of 1968(42 U.iS.C. § 3789d);ilie Victims of Cringe Act(42 U.S.C. §10601(e));The Juvenile.fustice and Delinquency Prevention Act of 200".(42 U.S.C. § 5673(b)); the Civil flights Act of 1 964( 2 k.,-S.C. §20004);the Rehabilitation AQl of 1973 (29 U.S.C. §7 94);the AMCFiUMS wwith [disabilities Act of 1990(42 U.S.C.§ 12131-34);the Education Amends c3 ms of 1972(20 U.S.C. §§1681, 1683. 1685-86); and the Age Discrimination Act of 1975 (42 U°-S.C. §§6101-07);see fix. Order 13279 (equal prolecdon ofthe lawns for faith-based and comnaunit Y organizations). 1 7. If a governmental t;iitlty- f - 1 i a) it will comply wvith the requirements of lire t_tn-sonar Relocation Assisia:ace and heal Property Acquisitions Act of 1970(42 U.S.C.§4601 et seq.), %w.hich govern the trerrtnient cif p rsuns displaced as a � result of fede€•al and federally-assisted prograrns;and b) it will comply wwith requirements of U.S.C..§§ 1501-0 and §§7324-2ti, which limit Certain j jpolitical activities of State or local "overnment employ<<,s vdlose principal etriployment is in connection i it-ith an activity financed in wwho]L or in part law' federal assistance. i Si-nature Draw Daw ` AGENDA MEMORANDUM µ a First Reading Item for the City Council Meeting of January 14, 2014 Second Reading Item for the City Council Meeting of January 21, 2014 DATE: December 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mo(a)cctexas.com 361-826-3460 Appropriation for utility bill donations for the Arts & Cultural Commission (ACC) CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to appropriate $11,480.08 in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission. PURPOSE: To appropriate funds collected from utility customer as donations to the Arts and Cultural Alliance. BACKGROUND AND FINDINGS: The City of Corpus Christi - due to anticipated budgeted shortfalls in the Hotel Occupancy Tax - reduced arts and cultural funding during FY 2010-2011. The City met with the arts and cultural groups before the budget was approved and developed a fundraising mechanism that has a potential to grow and replace that funding. The "Check Yes for Arts and Culture Campaign" gives City of Corpus Christi utility bill customers the opportunity to add a small monthly donation to their bill to directly support the arts. The funding received thus far is applied to the operational and programming support for the following organizations: The City of Corpus Christi Arts and Cultural Commission, the South Texas Botanical Gardens and Nature Center, Harbor Playhouse, the Art Center of Corpus Christi, Corpus Christi Symphony Orchestra, the Texas Jazz Festival, the Antonio E. Garcia Arts and Education Center, Instituto de Cultura Hispanica, the Asian Cultures Museum. The nine organizations formed the Arts and Culture Alliance ("ACA"). Per the renewed Memo of Understanding with the City of Corpus Christi, the funds received through this initiative are allocated equally to the individual arts and cultural groups under this program. ALTERNATIVES: Do not appropriate funds. OTHER CONSIDERATIONS: Funding for the City's arts programs CONFORMITY TO CITY POLICY: Revenue must be appropriated before it can be expended. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 $11,480.08 1 1 $11,48008 BALANCE 1 $11,480.08 1 J $11,48 0.08 Fund(s): General Fund Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance, Summary of Utility Funds Ordinance authorizing the City Manager or designee to execute all documents necessary to appropriate $11,480.08 in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission. 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 appropriate $11,480.08 in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2013, by the following votes: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla Leal Colleen McIntyre Rudy Garza, Jr. That the foregoing ordinance was read for the second time and passed finally on this the day of , 2013, by the following votes: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla Leal Colleen McIntyre Rudy Garza, Jr. PASSED AND APPROVED this the day of 12013. ATTEST: Nelda Martinez Mayor Rebecca Huerta City Secretary 11/30/2013 Arts& Cultural Alliance Utility Bill Allocation Summary Total to FY 2011 FY 2012 FY2013 Appropriate Other arts' organizations 14,206.30 14,403.24 15,455.05 Arts& Cultural Commission 1,687.70 5,118.60 4,673.78 11,480.08 Total arts allocation 15,894.00 19,521.84 20,128.83 SC AGENDA MEMORANDUM Zrpv,a First Reading for the City Council Meeting of January 14, 2014 Second Reading for the City Council Meeting of January 21, 2014 DATE: 12/23/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mo(a)-cctexas.com 361-826-3494 Increase of$35,724.22 in grant funds for Coastal Management Program CAPTION: Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate an amended grant in the No. 1067 Parks and Recreation Grant Fund in the amount of $35,724.22 from the Texas General Land Office-Coastal Management Program (CMP) for the construction of ADA water access improvements and promenade expansion. PURPOSE To appropriate $35,724.22 in additional grant funding received from the General Land Office for the Coastal Management Program project at North Beach for ADA water access improvements and promenade expansion. BACKGROUND AND FINDINGS: A portion, or $100,000, of the recent improvements to the north end of the North Beach Beachwalk was funded through the General Land Office Coastal Management Program, including 1,350 feet of the walkway, signage, shade structure, water fountain, and portable mobility mat to provide access to the water. This item will allow the City to request an additional $35,724.22 in reimbursement for the North Beach Promenade project, which was partially funded through Bond 2008 funds. The required cash match for this amendment is $23,482.81 which has been met. ALTERNATIVES: Do not request reimbursement from the General Land Office for the additional $35,724.22 in grant funds. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City policy requires all funds drawn from the city treasury be appropriated by City Council before they can be expended. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 100,000 100,000 Encumbered / Expended Amount 100,000 100,000 This item 35,724.22 35,724.22 BALANCE 135,724.22 135,724.22 Fund(s): Parks and Recreation Grant fund 1067 Comments: none RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Amendment Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate an amended grant in the No. 1067 Parks and Recreation Grant Fund in the amount of $35,724.22 from the Texas General Land Office-Coastal Management Program (CMP) for the construction of ADA water access improvements and promenade expansion. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager, or designee, to execute all documents necessary to accept and appropriate an amended grant in the No. 1067 Parks and Recreation Grant Fund in the amount of $35,724.22 from the Texas General Land Office-Coastal Management Program (CMP) for the construction of ADA water access improvements and promenade expansion. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following votes: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor n � r � y SUaRECIPIENT GRANT AGREEMENT GLO CONTRACT No. 11-016-000-4314 AMENDMENT No.3 STATE OF TEXAS § § COUNTY OF TRAVIS § The GENERAL LAND OFFICE (tile "GLO"), a State Agency, and the CITY OF CORPUS CHRISTI, TEXAS ("Subrecipient"), parties to that certain Subrecipient Grant Agreement effective April 26, 2011, and denominated GLO Contract No. 11-016-000-4314 ("Contract"), as amended, now desire to further amend the Contract. WHEREAS, the parties desire to document the final Work Plan and Budget approved under the Contract; and WHEREAS,this revision will result in no additional encumbrance of grant funds; Now,THEREFORE, the parties hereby agree to amend and modify the Contract as follows: 1. SECTION 2.01 of the Contract, CMP GRANT AWARD is hereby amended to reflect the addition of CMP Grant Funds in the amount of THIRTY-FIVE THOUSAND SEVEN HUNDRED TWENTY-FOUR DOLLARS AND TWENTY-TWO CENTS ($35,724.22); and TWENTY-THREE THOUSAND FOUR HUNDRED EIGHTY-TWO DOLLARS AND EIGHTY-ONE CENTS ($23,482.81) in Subrecipient funding, for a Project budget totaling TWO HUNDRED TWENTY-SIX THOUSAND Two HUNDRED SEVEN DOLLARS AND THREE CENTS ($226,207.03) for the duration of the Contract. 2. SECTION 2.02 of the Contract, PROJECT AND WORK PLAN, is hereby amended and modified by replacing all prior Work Plans and Budgets with the FINAL, ACTUAL WORK PLAN AND BUDGET attached hereto and incorporated herein for all purposes in their entirety as Attachment A-1. 3. This Amendment No. 3 shall be effective as of April 26, 2011, the effective date of the Contract. 4. Except as amended and modified by this Amendment No. 3, all terms and conditions of the Contract, as amended, shall remain in full force and effect. SIGNATURE PAGE FOLLOWS GLO Contract No. 11-016-0004314 Amendment No.3 Page 1 of 1 SIGNATURE PAGE FOR AMENDMENT No.3 UNDER GLO CONTRACT No. 11-016-0004314 GENERAL LAND OFFICE CITY OF CORPU' " ISTI By LarrPLaine, Chief Clerk/ Nam d L A �l ram Deputy Land Commissioner Title: Date of execution'' Date of execution: LEGAL, .,........ Deputy ACC GC ATTACHMENTS TO THIS AMENDMENT No.3: ATTACHMENT A-1 -FINAL,ACTUAL WORK PLAN AND BUDGET ATTACHMENT FOLLOWS Approved as to 1 1� C. ,5 '72 Assistant i For City Attorney Attachment A-1 G!A Contract No.11-016-000-4314 Amendment No.3 Page 1 of 3 Final,Actual Work Plan and Budget Contract Number: 11-016-000-4314 Project Name: Corpus Christi Beach: ADA Water Access Improvements and Promenade Expansion Entity: City of Corpus Christi Project Description: As part of its effort to remove barriers to beach access for people with disabilities, increase public recreational opportunities near and in coastal waters,and promote environmental awareness about coastal natural resources,the City of Corpus Christi requests$100,000 for the infrastructure improvements at Corpus Christi Beach.The City seeks support to install: (1)a 10 feet wide by 100 feet long ADA compliant beach/water access mat; (2) a 1,350 linear feet(13,500 square feet)expansion of the Corpus Christi Promenade; (3) six educational signs that will interpret the bay's coastal natural resources; (4)native landscaping; (5) a shade structure; and (6)two drinking fountains. Providing beach access for people with disabilities is complicated due to the dynamic nature of coastal shores. Corpus Christi Beach, an urban waterfront within Corpus Christi Bay, provides the perfect location for the installation of a beach/water access mat. The mat will be attached to the Corpus Christi Beach Promenade expansion, discussed below,at a location that is close to existing ADA accessible bathrooms and parking. Beach access mats are designed to roll out to the water line and be easily removed prior to storm events. The Corpus Christi Beach Promenade is a 10-foot wide concrete pathway that parallels the beach.The master plan for the promenade, envisioned by the CMP-funded (Cycle 2; 1998) Corpus Christi Beach Action Plan, is to build a promenade from the U.S.S. Lexington Museum parallel to the water to the north jetty,a length of approximately 4,347 linear feet. The City proposes to expand the promenade by 1,350 linear feet to connect the existing end point of the promenade at Gulf Spray Avenue to the Beach Avenue parking lot. Expansion of the promenade will allow for the installation of the beach/water access mat and connect it to two existing parking lots with ADA compliant parking spaces. Phase I of the promenade was funded by a CMP grant in 2002. The City built Phase 11 of the promenade with local funds in 2006.This phase(Phase III)of the promenade expansion is particularly important because it connects the existing promenade to two existing public parking lots. The parking lots, at Gulf Spray Avenue and Beach Avenue, have approximately 64 parking spaces. Phase III extends the promenade out of the hotel district into an area of public beach that is more easily accessible to day visitors. Phase IV will complete the promenade,extending it 2,275 linear feet to the North Jetty. Attachment A-1 GLO Contract No.11-016-000-4314 Amendment No.3 Page 2 of 3 Final,Actual Work Plan and Budget Phase 1V will be entirely City funded. Both Phase III and Phase 1V are anticipated to be completed in 2011, prior to the spring tourist season. City voters approved bonds in 2008 to support the completion of the promenade. Along the expanded promenade, the City will install six interpretative signs. The signs will educate the public about the bay system's coastal natural resources, environmental threats, and actions to protect the environment.Topics covered will include the need for water conservation, the importance of freshwater inflow, water quality and nonpoint source pollution, ongoing wetland restoration projects within the bay system, and the importance of using native landscaping. The signs will be spaced along the promenade and offer visitors the opportunity to learn while walking. Additional improvements to the promenade funded by this proposal will include the installation of two water fountains, which will be wheelchair accessible, the installation of one shade structure, and native landscaping. Improvements will be built on land owned by the Texas General Land Office already under lease to the City for public access improvements. The approval of this application, with ADA beach access and Phase 111 promenade expansion,along with City's simultaneous funding of Phase IV of the promenade expansion, will provide the constituents and visitors of Corpus Christi 1.4 miles of continuous ADA compliant public beach access. Project Budget: CMP Subrecipient Third Party Project Total Salaries $0.00 $0.00 $0.00 $0.00 Fringe $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $135,724.22 $90,482.81 $0.00 $226,207.03 Other $0.00 $0.00 $0.00 $0.00 Subtotal: $135,724.22 $90,482.81 $0.00 $226,207.03 Indirect $0.00 $0.00 $0.00 $0.00 Total: $135,724.22 $90,482.81 $0.00 $226,207.03 Attachment A-1 GLO Contract No.11-OH-000-4314 Amendment No.3 Page 3of3 Final,Actual Work Plan and Budget Special Award Conditions: 1. This project must be completed as described in this work plan. 2.The GLO and/or NOAA must approve any changes in the scope of work or budget requests that change the total project cost. 3. In the event that the GLO and NOAA determine that the project or property is no longer used for its original purpose, the recipient shall reimburse NOAH for the federal funds received for the project. 4. CMP and NOAA logos, including appropriate acknowledgment statement„ must be printed on education/outreach materials, signs, and final reports and/or publications. Task 1 Description: Construction of Phase III Contract for the installation of(l)a 10 feet wide by 100 feet long ADA compliant beach/water access mat; (2)a 1,350 linear feet(13,500 square feet)expansion of the Corpus Christi Promenade; (3) six educational signs that will interpret the bay's coastal natural resources with braille; (4) native landscaping;, (5) a shade structure;and (6)two drinking fountains. The city has already contracted for design services which fall outside the scope of this grant request. Deliverable(s)/Milestone(s): 1. Copies of local building permits. 2. Copies of authorization from GLO to make improvements to state property. 2. Copies of draft and final designs and bid documents. 3. Photos of the 1,350 linear feet promenade and ADA beach access mat; one shade structure; two drinking fountains; six interpretative signs; and native landscaping. Deliverable Due Date(s): 6/30/2013 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 14, 2014 Second Reading for the City Council Meeting of January 21, 2014 DATE: 12/23/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361-826-3494, MichaelMo(a)-cctexas.com Appropriation of funds for the Latchkey After School Snack Program and execute CCISD Interlocal Agreement CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $203,608 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program; to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide snacks services for the after school snack program for five years. PURPOSE: Appropriation of grant funding to allow for continuation of the afterschool snack program and enter into an interlocal agreement with CCISD to provide snacks for the program. BACKGROUND AND FINDINGS: The U.S. Department of Agriculture (USDA) through the Texas Department of Agriculture (TDA) provides grants for youth nutrition as a continuation of the National School Lunch Program. This program is called the Child and Adult Care Food Program (CACFP) for after school educational and/or enrichment activities. The Parks and Recreation Department has a total of 23 Latchkey sites that qualify for meal service based on eligibility. There are 6 sites that do not qualify for this program based on enrollment of youth eligible for free and reduced school meals. The Latchkey program subsidizes the snacks for these sites. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites with the Summer Food Service Program. The City again proposes to enter into a contract with CCISD to prepare and deliver snacks at a rate of $.75 per snack for the school year beginning October 1, 2013 - June 6, 2014 (based on Federal funding year). CCISD will also maintain and provide menu preparation records. It is estimated that approximately 12,000 youth per month are served after school snacks. Total program costs are to be provided by the State's reimbursement. No City funds will be utilized for this program, but an ordinance is necessary to appropriate the grant of $206,678 in order to implement the program. CCISD has approved the food service agreement. ALTERNATIVES: Reject the grant award and discontinue the afterschool snack program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds and approve interlocal agreements. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense/ Revenue Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount This item $203,608 $203,608 BALANCE 1 $203,6081 1 $203,608 Fund(s): Parks and Recreation Grant Fund Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Notice of Award Interlocal Agreement with CCISD Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $203,608 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program; to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide snacks services for the after school snack program for five years. Be it resolved by the City Council for the City of Corpus Christi,Texas: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $203,608 from the Texas Department of Agriculture and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. Section 2. The City Manager or designee is authorized to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide snacks services for the after school snack program for five years. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Texas Unified Nutrition Programs System � Application Packet Sponsor of Affiliated Sites Page I of I Application Packet Sponsor of Affiliated Sites 01507 Status:Active Packet Submitted Date, 11/05/2013 CITY OF CORPUS CHRISTI PARKS AND Packet Approved Date: 11106/2013 RECREATION DEPARTMENT Packet Original Approval Date: 11106/2013 DBA: Packet Status: Approved 1201 LEOPARD CORPUS CHRISTI,TX 78469.9277 County 11strict Code: 178 ESC.:2 TDA Region! 5 Latest Action For Name Version Status vlicw I Reyise Rof Contracting Entity Application E)II11gilinai Approved Revilsin I 1111)etau111!s V Board of Directors 111ey. I Approved vlin!!w I Revise w"Contracting Entity Budget Detail I Approved Detalfl!s ool Checklist(6) View Application Packet Notes for CE(2) Approved Pending Return for Denied Withdrawn/ Total Corre tion Closed Error Applications 511t,m,AlIppIlicationi(s) 23 0 0 0 0 a 23 Next Base Year Renewal: 2014-2015 S:hov; paclkel! •1111:1:0111'y https:Htxunpsl.texasagriculture.gov/TXUNPS/Cacf/AppPacket.aspx?enc-acnVachf*t9rjd... 11/7/2013 Page 1 of 4 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL SNACK FOOD PROGRAM This Interlocal Cooperation Agreement ("Agreement") is entered Into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager("City Manager") or the City Manager's designee, and the Corpus Christi Independent School District ("District"), acting through Its duly authorized Superintendent or the Superintendent's designee, for purposes of the Texas Interlocal Cooperation Act, Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring the Child and Adult Care Food Program, a federally-funded and state-administered program to provide after school snacks to school-age children at approved after school program sites; and, WHEREAS, the District agrees to provide unitized snack-sized meals, inclusive of milk or Juice, to City for a fixed fee; NOW, THEREFORE, the City and District, In consideration of the mutual covenants contained herein, agree as follows: Section 1. Term. This Agreement begins'October 1, 2013, and continues for up to five school years, through approximately June 10, 2018. Section 2. Consideration. Initially, the City shall pay the District $0.75 per snack-sized meal ("Snack" or"Snacks") provided to City by the District. Thereafter, the City Manager is authorized to approve annual amendment to this agreement to adjust the cost per snack, so long as the annual increase does not exceed 5% from the previous year's cost. The District will maintain its food service operation at its facility, which will be utilized for the preparation and packaging of the Snacks, during the term of this Agreement. Section 3. Nutrition Assurances. The District shall ensure that each Snack will meet the minimum nutrition value and content requirements currently mandated and as may be hereafter promulgated by the Texas Department of Agriculture for supplemental food components, in accordance with the Child and Adult Care Food Program - Child Care Center Regulations, which are incorporated in this Agreement by reference as if fully set out herein. Section 4. Record Keeping. (A)District must maintain full and accurate records which must include the following: (1) Menu Records, which will include the amount of food prepared and which comply with the requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are Incorporated in this Agreement by reference; and Snack Records, which will include the daily number of Snacks delivered by type and which comply with the Page 2 of 4 requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are incorporated in this Agreement by reference. (B)District must provide monthly reports of Menu Records and Snack Records to the City's Park and Recreation Director of Programs, or designee, within ten (10) business days following the end of the preceding month in which Snacks were provided to City. (C)District must make all records and accounts pertaining to the Child and Adult Care Food Program available to representatives of the U.S. Department of Agriculture, the U.S. General Accounting Office, or the Texas Department of State Health Services for audit and administrative review at a reasonable time and place. (D)District must retain the Menu Records and Snack Records for three (3) years plus ninety (90) days following the termination of this Agreement, or so long as an audit of the Menu Records, Snack Records, or both, is in progress. Section 5. Program Coordination. The City's Park and Recreation Director of Programs, or the Director of Programs' designee, shall place a dally order with the District's Food Service Director, or the Food Service Director's designee, and must specify the number of Snacks needed by type, the sites at which the Snacks are needed, and the time by which the Snacks must arrive at each site. Section 6. Food Service Employees. The District's food service employees shall be responsible for transporting and delivering the Snacks to each site. The District's food service employees will continue to be District employees for the term of this Agreement and are, therefore, subject to the District's policies and regulations. The City's officers, employees, representatives, and agents shall not exercise any control nor supervision over District's food service employees at any time during the term of this Agreement. Section 7. Payment. The District shall invoice the City on a monthly basis for all Snacks provided to the City by District. The City must pay the invoice within two Fridays after receipt of same. Section 8. Current Revenue. All money spent for the Child and Adult Care Food Program must be spent out of currently available revenue of the City and District. Section 9. Governmental Service. This Agreement is between the City and the District for the purpose of providing snacks at City-sponsored after school program sites and is not for the benefit of any third party or individual. Section 1 a. Non-Assignment. Neither this Agreement, nor any interest therein, Is assignable or transferable, in whole or in part, directly or indirectly, without the prior consent of the City and the District; however, this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. Section 11. Laws. Both the City and District shall comply with all applicable Federal, State, County, and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance thereunder. Page 3 of 4 Section 12. Modifications. No changes or modifications to this Agreement may be made, or any provision waived, unless made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 13. Severance Clause. If for any reason any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not affect any other section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement, for it is the deflnite Intent of this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. Section 14. Termination. Either party may terminate this agreement by providing sixty (60)_ days advance written notice of termination. Any notices under this agreement to the City shall be sent certified mall, return receipt requested, and mailed to: City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard Street Corpus Christi, Texas 78403 Any notices under this agreement to the District shall be sent certified mail, return receipt requested, and mailed to: Corpus Christi Independent School District Attn: Director of Food Services 4922 Westway Corpus Christi, Texas 78408 Section 15. Entirety Clause. This Agreement and any documents incorporated by reference constitute the entire agreement between the City and District. All other agreements, promises, and representations, unless contained in this Agreement, are expressly revoked as the parties intend to provide for a complete understanding, within the provisions of this Agreement and its incorporated documents, of the terms, conditions, promises, and covenants relating to each party's agreed performance. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of 2013. ATTEST: CITY OF CORPUS CHRISTI City Secretary Ronald L. Olson, City Manager Page 4 of 4 ATTEST: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: By: See Attached Page Name: Name: Title: Title: Date: Date: DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 Corpus Christi, Texas 78403-0110 By:, Date . Scott Elliff, Ed.D, Superintendent of Schools Reviewed and pproved for Purchasing Compliance By: Date: ry /8 V A, C.P.M t and Distribution Approved as to Legal Form y: 4 B �mmmm Date: John J. Janssen General Counsel for CCISD SC j2 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 14, 2014 Second reading for the City Council Meeting January 21, 2014 DATE: December 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3464 Tree Advisory Committee Amendment to membership CAPTION: Ordinance amending the Code of Ordinances regarding membership of the Tree Advisory Committee of Corpus Christi, Texas. PURPOSE: The purpose of this amendment is to add the qualification of urban forester for the technical expert position on the committee and change the residency requirement for the certified arborist/urban forester position. BACKGROUND AND FINDINGS: The establishment of the Tree Advisory Committee was approved by city council in February 2013. The ordinance established a five member citizen board including a certified arborist, a representative from AEP, a landscape architect and two at large members along with the designation of key city staff members to serve as liaisons to the committee. Despite recruitment efforts, no applications have been received for the certified arborist position. This designation is very technical and requires a professional certification. The expansion of the position to include urban foresters and accept applicants from areas beyond the city limits will help fill the position and move forward with developing a tree planting and maintenance plan for the City of Corpus Christi. ALTERNATIVES: Do not approve the amendment and keep original structure of the Tree Advisory Committee. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all changes to Boards and Commissions duties and memberships. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends the approval of the amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Code of Ordinances regarding membership of the Tree Advisory Committee of Corpus Christi, Texas Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That Chapter 2, Division 12, of the City Code of Ordinances regarding membership of the Tree Advisory Committee of Corpus Christi, Texas, is amended to read as follows: "DIVISION 12. — TREE ADVISORY COMMITTEE Sec. 2-140. Creation and establishment of tree advisory committee. The city council hereby establishes a tree advisory committee for the City of Corpus Christi, Texas, which shall consist of five (5) members to be approved by the city council. Members of the committee shall serve without compensation. Membership of the committee shall consist of one (1) landscape architect, one (1) certified arborist or urban forester, one (1) representative from electric utility provider AEP, and two (2) at large community members. Committee liaisons shall be a representative from the parks and recreation advisory committee and also from the planning commission. The committee liaisons shall have no voting power. Staff liaisons to the committee shall be an employee from each of the following city departments: parks and recreation, planning, development services, traffic engineering, engineering, and code enforcement. The certified arborist or urban forester is exempted from the residency requirements of Section 2-65 and City Council Policy Number 14 (o)." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor SC ` AGENDA MEMORANDUM � µ a First Reading for the City Council Meeting of January 14, 2014 Second Reading for the City Council Meeting of January 21, 2014 DATE: December 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3494 CC United Kickball lease renewal for Bill Witt Park CAPTION: Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with C.C. United Kickball League for 6869 Yorktown Bill Witt Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. PURPOSE: To renew the C.C. United Kickball lease for the next five years. BACKGROUND AND FINDINGS: The C.C. United Kickball League desires to renew their lease with the City for their Kickball activity played at 6869 Yorktown. ALTERNATIVES: Do not approve the lease agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Action is required by City Council to renew the C.C. United Kickball Lease for 5 years. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 01 1 0 BALANCE 0 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with C.C. United Kickball League for 6869 Yorktown Bill Witt Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. Be it ordained by the City Council of the City of Corpus Christi,Texas: Section 1. City Manager or designee is authorized to execute 60 month lease agreement with C.C. United Kickball League for 6869 Yorktown Bill Witt Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following votes: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla Leal Colleen McIntyre Rudy Garza, Jr. That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following votes: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla Leal Colleen McIntyre Rudy Garza, Jr. PASSED AND APPROVED this the day of 12014. ATTEST: Nelda Martinez Mayor Rebecca Huerta City Secretary LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI UNITED LITTLE MISS KICKBALL This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ("City"), acting through its duly authorized City Manager or designee ("City Manager"), and Corpus Christi United Little Miss Kickball ("Lessee"), a Texas nonprofit association, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibits A and B, which said property Is located in Corpus Christi; Nueces County, Texas,"known as the"Premises"; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and .covenants herein;`agree,as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached. exhibit, beginning on day of final City Council approval, ("Effective Date") which is unless sooner terminated as set out herein. Section 2. Contact Person/Lease-Administrator. For this Lease; the City's contact person and lease administrator is the Director of Parks and Recreation or designee ("Director"). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated In Exhibit B the site map which is attached hereto and.incorporated herein this Agreement by reference, and all improvements to the Premises ("Improvements") including, without limitation, any buildings, lighting, the fields, fences, irrigation systems, and the grassed areas. Section 4 Consideration.- Corpus Christi United Little Miss Kickball must operate the program described on Exhibit A and must maintain the Premises and all Improvements on a year-round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or.his designee in effect now and ,as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules'constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Corpus Christi United Little Miss Kickball shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year (B) Corpus Christi United Little Miss Kickball shall keep fully operational and in good repair the Premises and Improvements. City has no responsibility for maintenance or repair to the Premises and Improvements. (C) Corpus Christi United Little Miss Kickball must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces ,County, Texas. However, the City has no responsibility to repair or replace any damages to Premises and Improvements caused by vandalism or caused by any other reason. (D) Corpus Christi United Little Miss Kickball shall ensure that parking is confined to on- street parking only, or designated parking lots but no parking is to be allowed on grass. All 1 motor vehicles must be restricted to the designated parking lot area. (E) Corpus Christi United Little Miss Kickball will provide normal, scheduled mowing of the Premises. Corpus Christi United Little Miss Kickball will be responsible for maintaining the fields as set out in herein below. Furthermore, Corpus Christi United Little Miss Kickball will be responsible for maintaining the grass sln the.adjacent viewing/access areas at a safe height not to exceed six(6) inches; (F) Corpus Christi United Little Miss Kickball shall maintain the fields within the Premises boundary lines. Grass on the field's must not exceed three (3) inches. Corpus Christi United Little Miss Kickball must mow the fields within one (1)week after grass reaches three (3) inches in height_ At least one month prior to the start of any season or pre-season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; Corpus Christi United Little Miss Kickball shall throw Winterize (fertilizer with nutrients) on the fields before first cold front each year. In February and September, Corpus Christi United Little Miss Kickball shall throw iron on the fields to make the grass green. The Winterize, Weed and feed, and iron shall be purchased by the Corpus Christi United Little Miss Kickball. (G) If Corpus Christi United Little Miss Kickball utilizes goal posts on the Premises, Corpus Christi United Little Miss Kickball shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Corpus Christi United Little Miss Kickball must repair any deficiency found in the anchoring system that impairs the safe. use of the anchoring system within forty-eight(48) hours after the need for repair is or should have been discovered; Corpus Christi United Little Miss Kickball shall not allow use of the Premises until the anchoring system is repaired; (H) . Corpus Christi United Little Miss Kickball is responsible for proper installation and use of all equipment and improvements at Premises; (1) Corpus Christi United Little Miss Kickball must maintain First Aid kit on Premises; (J) Corpus Christi United Little Miss Kickball shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. Section 5. Compliance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this-'16a-se. If bn in.spectiorl reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10%) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant (less than 18 years of age) shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. 2 Section 8. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the'prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Any tournament or activity allowed to take place by Lessee "at the Premises shall be the responsibility of Lessee to indemnify and.. insure in accordance with this agreement. Section 9. Securinci/Anchoring:of Goal Posts. Lessee acknowledges and covenants that Lessee shall. be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above.. Any change, alteration, or modification to the anchoring system during the term of this Leasemust be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on.the understanding that the Premises and all Improvements must be returned in as good a.condition as received, reasonable use and wear, acts of God, fire and. flood damage ordestruction, where Lessee is without fault, excepted. Section 11. Joint Use. (A) City retairss joint use of the Premises and. Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the.Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and/or any Improvements from installing,. maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and/or easements to minimize damage to the Premises and/or its Improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities -on -Premises require Director's-prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Directors prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by 3 Lessee which are not removed at the expiration or termination of this Lease become the. property of City without necessity of any legal action. Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Lessee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained In accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar Year. Section 15. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any 'Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing,.may require Lessee to remove, repair, or repaint any Signs... .If the Signs are. not removed, repaired,.or repainted within ten (10) days of the Directors written'demand, the City may do or cause the work to be done, and Lessee must pay the City's costs. within.,thirty (30),,days of receipt of Director's invoice. Failure to pay the City's costs within thirty.(30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written, notice to Lessee. Section 16. Advertising' The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Security Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non-Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental 'disability—,---o-'r---a-'g-'-e, or in any manner prohibited by the laws of the United States or the State of Texas, The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non-discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section.20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents, If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys'fees. 4 Section 21. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indernnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's lnvitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation, of the Premises, or (4) due to any of the hazards associated'with sporting,events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by Indemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind, and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident.' Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty(30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. 5 Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of., termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty(30) days written notice to the non-terminating party. E Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 25. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery, or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Name and address on Exhibit A Attn: Director of Park& Recreation P. O. Box 9277 Corpus Christi, TX 78469-9277 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide 6 Director with copy of the current Bylaws, and immediately provide Director with any. amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each Year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written.notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or. reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is.complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out he*h. Section .29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of Its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. 7 Section 31. Force Maieure. No.party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authodtles. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Cautions. The captions in this Lease are'for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance Is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B)To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Signs at Premises. Lessee will post a notice at Premises, in a form approved by the Parks Director,that if any participant or spectator has any complaints or concerns they may 1. contact the City at 826-3461 and speak to Athletic Manager or Assistant Manager regarding any complaints or concerns (A) Lessee must post and maintain a sign with sportsmanship policies and possible consequences for non-compliance with policies. (B) Lessee must post and maintain appropriate sings to indicate ADA parking. (C) Lessee must post and maintain signs to indicate restricted parking areas and also that No Parking on grass is permitted. (D)Lessee must post and maintain signs to indicate Maintenance area(s). (E) Less must post Health permits at the concession areas. (F) Lessee must store food handier cards on file at the Premises. (G)Lessee must promptly replace or repair any damaged or missing signage. 8 Section 36. Entirety, Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of t 2013. ATTEST: CITY OF CORPUS CHRISTI Rebecca RHueirta Ronald IL. GIlsoin lity Secretary Gity IManager LESSEE: Corpus Christ! United Little Miss Kickball By. President Printed Name: Date: 1 STATE OF TEXAS ' COUNTY OF NUECES ' This instrument was acknowledged before me on fI , 2013, by Q 2�L�resident of Corpus Christi United Little Miss Kickball, on behalf of said Texas nonprofit association. Notary ru llc, Sta a of Texas Printed e: 7-fie __ t�� �"p LARA Commission ex ires: 3 02/— i'T NOTARY Pusuc P 03-2'1-209 T AppmVed as to form_ ? 0 to ASSista UY A, VASY for kV4eY 9 EXHIBIT A Property Description: Bill Witt Park Term: Five Years from date of City Council final approval Program to be operated'by Lessee: Kickball Notice Address for Lessee: Corpus Christi United Little Miss Kickball Attn: President ; P.O. Box 7139 Corpus Christi, Texas 78467 r 10 EXHIBIT B Site map • EXH181T .. PAM vm; Mm Tom rowan r c ■U rrtrr rsu rsa.w w rats A�FYLT ' , n�wcnn uu�urns . wss utaaKC. raw AW taw GPAM w�rm°rir ars r x,a�r I"Nn rnsio w MW raomr Gr4 w w OWL MM rnnu.ro,a G MUOU W 4i. mow" Vrmf-m mU Lew! S1f s�rwr�r, aw►r ...+nr nu No swot iw ALOOID o �rArslsm O F sss: � � PO• \1 ■.MUr a Go" rasa MLA►as '....RL.. 1�.5 ,w. .[ Tara La& 54" '° 5241 r ra,c sw na MINA ISOM A@ OF LAND our OF THAT CERTAIN COMP is C.19fRIXn UNPrZD AcFu TRAa'r, CMAW M TO TFC =TY OF Qorfxs U=IA ! KICKM"L InI. MAR CKAUNCY MCW AS DILL MITT LLtt OUT 01 PAM NO CMMDP=M IN � M== IN WOLU49 17M PAM M OF IrM Cam] OF NLOM TIWAM AM DEINO OUT OF Mme cm 21 OF Tm G"w:: M arvt... MUlF AND M=MN. FARM Y QAFMM TRAOTIA IN NOL M A. PAS 41-43 OF TW WP chat idom R"M S_of Ivry. TIXM o�lr moo!! 11 EXHIBIT C INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager, The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on"all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, non-renewal, Bodily Injury and Property Damage material change or termination is required on all Per occurrence/.aggregate certificates. Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises-Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after"left". ".In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under"Description of Operations". • At a minimum, a 30-day written notice of cancellation, material change, non-renewal or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.13 (1)-(7), an authorized representative of the Insurance company must include a letter specifically stating whether items 1.13. (1)-(7)are included or excluded. 12 EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD.LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE; INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: All Leagues must complete this self-inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year.of the lease. Each league is responsible for their self inspection. If the inspection is not submitted to the,City of Corpus Christi Parks and Recreation Department; 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the' League will be assessed a fee of $250.00 per site for each inspection the City performs. Check"NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. _.SKINNED AREAS Yes No 1. The soil is too loose to provide good running traction. [] I] 2. The soil surface is not loose enough around sliding zones for safe sliding. [] [] 3. The soil is too abrasive for safe sliding. [] [] 4. The soil is too compacted to provide good drainage. [] [1 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [] [] 6. Batter's box and home plate areas have becorpe worn and need to be reconditioned. [] [] 7. Pitcher's mound has become wom and needs to be reconditioned. [] [] 8. The skinned area has low spots, holes, or is not level and should be dragged/re-graded. [] [] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. 13 I l I l 10. The skinned area has unsafe wet spots and/or puddles. [] [] 11. When moist, the skinned area is too sticky and adheres to.shoes. [] [] 12. Coach's box is not level with surrounding area. [] [] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [] [] 1. The mound does not conform to league requirements. [] [] 2. Platform area behind the rubber.is not large enough. [] [] 3. "Push off and "landing" areas are not constructed with specialized clay. [] [] 4. "Push-off' and "landing" areas are dished out and need repair. [] [] 5. There Is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS --PLAYING-SURFACE: Yes No [] [] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [] [] 2. Litter and unsafe debris is scattered around the field and player/spectator areas. [] [] 3. The supply and location of waste cans is inadequate. [] [] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [] [] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [] [] 6. Our facility does not comply with industry recommended field design 14 specifications. COMMENTS BASES AND ANCHORING: Yes No:: [] [] 1. The base coverings have unsafe rips or gouges. [] [] 2. The base framework or hardware is loose or damaged. [] [] 3. The base ground_stake is unsafely protruding above the surface grade. [] [] 4. The base ground stake is.out of alignment or not level with the surface. The base ground stake is.not firmly secured in its concrete footing. [] [] 6. The base,ground stake and.its.footing are not installed according to the manufacturer's requirement. [] [] 7. The bases do.not seat properly with the ground elevation or they are seated loosely: [] [] 8. The concrete faotings have rounded edges and may twist out of place in the ground. [] [] 9. The surface of home plate is not level with the surrounding surface. [] [] 10. The surface of home plate is wom or irregular. [] [] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [] [] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS Yes No [l [] 1. The signs are in good condition and properly installed. COMMENTS 15 FENCING Yes No [] [] 1. Fence posts are loose or improperly set in the ground. [] [] 2. Fence posts are on the inside of the playing area fence. [] [] 3. Concrete footings are exposed above ground.. [] [] 4. Fencing is not,securely attached to the fence posts with loose or broken ties. [] [] 5. There are unsafe gaps under fencing. [] [] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [] [] 7. There is not top railing to secure fence at the top. [] [] 8. Wire ends of chain link fencing are exposed along the top. [] [] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [] [] 10. Gates are left open during games. [] [] 11. There are unsafe.gaps in the backstop or netting with worn out boards or fencing. [] [] 12. Backstop does not meet industry recommended specifications. [] [] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [] [] I. There are unsafe bare spots. in turf with a hard soil surface exposed. [] [] 2. The surface is uneven because of soil grade. [l [] 3. Soil is too wet or drains poorly making an unsafe running surface. [] [] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [] [] 5. Turf irrigation comes on during games. [] [] 6. Turf is not stable and "blow-outs" frequently occur. [] [] 7.Weeds are present with thorns, bristles, or burrs. [] [] 8. Moles, gophers or other animals have caused mounds or holes. [] [] 9. Hazardous ruts occur on the field from mowing equipment or trenching. [] [] 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) are protruding from the surface. 16 COMMENTS LIGHTING Yes No [] [] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [] [] 2. There are burned out lights. [] [] 3. The beam direction of the lights are out of adjustment. [] [] 4. The lighting grid pattern on the field is uneven or irregular. [] [] 5. The lighting foot-candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [] [] 2. The guard rails are loose or missing. [] [] 3. The plank or railing end caps are loose or missing. [] [] 4. Wooden planks are worn out or splintered. [] [] 5 There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [] [] 1. Skinned foul lines have become rutted and need to be reconditioned. [] [] 2. The chalking material used is irritating to the eyes. [] [] 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. [] [] 4. There are no public telephones available for emergency situations. 17 [] [] 5. Areas that are hazardous or under repair have not been blocked off or identified. [] [] 6.There is currently no communication between the maintenance staff and the facility users. COMMENTS 18 SC ` AGENDA MEMORANDUM � µ a First Reading for the City Council Meeting of January 14, 2014 Second Reading for the City Council Meeting of January 21, 2014 DATE: December 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3494 Southside Pony Baseball League lease renewal for Price Park CAPTION: Ordinance authorizing the City Manager or designee to execute a 60 month lease agreement with Southside Pony Baseball League for Price Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. PURPOSE: To renew the Southside Pony Baseball lease for the next five years. BACKGROUND AND FINDINGS: The Southside Pony Baseball League desires to renew their lease with the City for their Baseball activity played at Price Park. ALTERNATIVES: Do not approve the lease agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Action is required by City Council to renew the Southside Pony Baseball Lease for 5 years. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 0 BALANCE 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with Southside Pony Baseball League for Price Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. Be it ordained by the City Council of the City of Corpus Christi,Texas: Section 1. City Manager or designee is authorized to execute 60 month lease agreement with Southside Pony Baseball League for Price Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following votes: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla Leal Colleen McIntyre Rudy Garza, Jr. That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following votes: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla Leal Colleen McIntyre Rudy Garza, Jr. PASSED AND APPROVED this the day of 12014. ATTEST: Nelda Martinez Mayor Rebecca Huerta City Secretary LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTHSIDE YOUTH SPORTS COMPLEX This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ("City"), acting through its duly authorized City Manager or designee ("City Manager"), and Southside Youth Sports Complex ("Lessee"), a Texas nonprofit assoclation, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibits A and B, which said property is located in Corpus Christi, Nueces County, Texas, known as the"Premises"; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of final City Council approval, ("Effective Date) which is unless sooner terminated as set out herein. Section 2. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ("Director"). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and Incorporated herein this Agreement by reference, and all improvements to the Premises ("Improvements") including, without limitation, any buildings, lighting, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration. Southside Youth Sports Complex must operate the program described on Exhibit A and must maintain the Premises and all Improvements on a year-round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Southside Youth Sports Complex shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. (B) Southside Youth Sports Complex shall keep fully operational and in good repair the ---- --- -- -------Premises and Improvements. City has no responsibility for maintenance or repair to the Premises and Improvements. (C) Southside Youth Sports Complex must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. However, the City has no responsibility to repair or replace any damages to Premises and Improvements caused by vandalism or caused by any other reason. (D) Southside Youth Sports Complex shall ensure that parking is confined to on-street parking only, or designated parking lots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. 1 (E) Southside Youth Sports Complex will provide normal, scheduled mowing of the Premises. Southside Youth Sports Complex will be responsible for maintaining the fields as set out in herein below. Furthermore, Southside Youth Sports Complex will be responsible for maintaining the grass in the adjacent viewing/access areas at a safe height not to exceed six (6) inches; (F) Southside Youth.Sports Complex shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Southside Youth Sports Complex must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre-season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; Southside Youth Sports Complex shall throw Winterize (fertilizer with nutrients) on the fields before first cold front each year. In February and September, Southside Youth Sports Complex shall throw iron on the fields to make the grass green. The Winterize, Weed and feed, and iron shall be purchased by the Southside Youth Sports Complex. (G) If Southside Youth Sports Complex utilizes goal posts on the Premises, Southside Youth Sports Complex shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Southside Youth Sports Complex must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty-eight (48) hours after the need for repair is or should have been discovered; Southside Youth Sports Complex shall not allow use of the Premises until the anchoring system is repaired; (H) Southside Youth Sports Complex is responsible for proper installation and use of all equipment and improvements at Premises; (1) Southside Youth Sports,Complex must maintain First Aid kit on Premises; (J) Southside Youth Sports Complex shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. Section 5. Compliance with Maintenance Standards. .The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10%) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant (less than 18 years of age) shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. Section 8. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be 2 submitted to the Director at least 30 days in advance. Any tournament or activity allowed to take place by Lessee at the Premises shall be the responsibility of Lessee to indemnify and insure in accordance with this agreement. Section 9. Securing/Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understanding Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and/or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or, easements City must use reasonable judgment in locating the utility lines and/or easements to minimize damage to the Premises and/or its Improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. 3 Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Lessee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained In accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar year. Section 15. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 16. Advertising. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non-Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non-discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys'fees. Section 21. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant to fully 4 indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part , (9) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by Indemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind, and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, foss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty(30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. 5 Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty(30) days written notice to the non-terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If.It is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 25. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY. _ IF TO LESSEE: City of Corpus Christi Name and address on Exhibit A Attn: Director of Park& Recreation P. O. Box 9277 Corpus Christi, TX 78469-9277 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. 6 Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at anytime, express of implied, shall betaken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force Maleure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, 7 common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those.as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B)To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Signs at Premises. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826-3461 and speak to Athletic Manager or Assistant Manager regarding any complaints or concerns (A) Lessee must past and maintain a sign with sportsmanship policies and possible consequences for non-compliance with policies. (B) Lessee must post and maintain appropriate sings to indicate ADA parking. (C)Lessee must post and maintain signs to indicate restricted parking areas and also that No Parking on grass is permitted. (D) Lessee must post and maintain signs to indicate Maintenance area(s). (E) Less must post Health permits at the concession areas. (F) Lessee must store food handler cards on file at the Premises. (G)Lessee must promptly replace or repair any damaged or missing signage. Section 36. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference 8 to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Rebecca RHueirta Ronald L. GIlsoin Gity Secretary Gity IManager rved LESSEE: Southside Youth Sports Complex By: President U �AkC+A Printed Name: Date: P 3 STATE OF TEXAS ' COUNTY OF NUECES ' T is instrum nt was acknowledged before me on AWM1qA)A;;1) , 2013, by President of Southside Youth Sports Complex, on behalf of said Texas nonprofit association. JA",20 d�� Notaryejblic, State of Texas � `"" ELIZABETH DIANE I.ARA Printed name: fi u- em �- �,,. NOTARYeuauc Commission expires: l--cROJ' d3-21-2017 9 EXHIBIT A Property Description: Price Park Term: Five Years from date of City Council final approval Program to be operated by Lessee: Baseball League Notice Address for Lessee: Southside Youth Sports Complex Attn: President Gerardo Garcia 3900 Gollihar Rd Corpus Christi, Texas 78401 10 EXHIBIT B Site map 11 EXHIBIT C INSURANCE REQUIREMENTS L LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two).2 copies of Certificates of Insurance, showing the following minimum coverage by Insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, non-renewal, Bodily Injury and Property Damage material change or termination is required on all Per occurrence/aggregate certificates. Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises-Operations 3. Products!Completed Operations Hazard 4., Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christ€ must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after"left". ".In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive.requirements are mandatory. The name of the project must be listed under"Description of Operations". • At a minimum, a 30-day written notice of cancellation, material change, non-renewal or termination is required. B. if the Certificate of Insurance on its face does not show an its face the existence of the coverage required by items 1.8 (1)-(7), an authorized representative of the Insurance company must include a letter specifically stating whether items 1.B. (1)-(7)are included or excluded. 12 EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: All Leagues must complete this self-inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the lease. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [] [] 1. The soil is too loose to provide good running traction. [] [] 2. The soil surface is not loose enough around sliding zones for safe sliding. [] [] 3. The soil is too abrasive for safe sliding. [] [] 4. The soil is too compacted to provide good drainage. [] [] 5. Running paths and sliding zones near bases have become wom and need to be leveled off. [] [] 6. Batter's box and home plate areas have become wom and need to be reconditioned. [] [] 7. Pitcher's mound has become wom and needs to be reconditioned. [] [] 8. The skinned area has low spots, holes, or is not level and should be dragged/re-graded. 9: There is a hazardous soil buildup (lip) between the skinned area and the turf. 13 L] [l 1 0. The skinned area has unsafe wet spots and/or puddles. [] [] 11. When moist, the skinned area is too sticky and adheres to shoes. [] [] 12. Coach's box is not level with surrounding area. [] [] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [] [] 1. The mound does not conform to league requirements. [] [] 2. Platform area behind the rubber is not large enough. [] [] 3. "Push off' and "landing" areas are not constructed with specialized clay. [] [] 4. "Push-off' and "landing" areas are dished out and need repair. [] [] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE. Yes No [] [] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [] [] 2. Litter and unsafe debris is scattered around the field and player/spectator areas. [] [] 3. The supply and location of waste cans is inadequate. [] [] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [] [] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [] [] 6. Our facility does not comply with industry recommended field design 14 specifications. COMMENTS BASES AND ANCHORING: Yes No [] [l 1. The base coverings have unsafe rips or gouges. [] [] 2. The base framework or hardware is loose or damaged. [] [] 3. The base ground stake is unsafely protruding above the surface grade. [] [] 4. The base ground stake is out of alignment or not level with the surface. [] [] 5. The base ground stake is not firmly secured in its concrete footing. [] [] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. [] [] 7. The bases do not seat properly with the ground elevation or they are seated loosely. [] [] 8: The concrete footings have rounded edges and may twist out of place in the ground. [] [] 9. The surface of home plate is not level with the surrounding surface. [] [] 10. The surface of home plate is wom or irregular. [] [] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [] [] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS Yes No [] [] 1. The signs are in good condition and properly installed. COMMENTS 15 FENCING Yes No L] L] 1. Fence posts are loose or improperly set in the ground. [] [] 2. Fence posts are on the inside of the playing area fence. L] [] 3. Concrete footings are exposed above ground. [I [I 4. Fencing is not securely attached to the fence posts with loose or broken ties.. [] [] 5. There are unsafe gaps under fencing. [] [] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [] [] 7. There is not top railing to secure fence at the top. [] [] 8. Wire ends of chain link fencing are exposed along the top. [] [] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [] L] 10. Gates are left open during games. [] [] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [] [] 12. Backstop does not meet industry recommended specifications. [] [] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No _ -- - -- - -- [] [] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [] [] 2. The surface is uneven because of soil grade. [] [] 3. Soil Is too wet or drains poorly making an unsafe running surface. [] [] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [] [] 5. Turf irrigation comes on during games. 6. Turf is not stable and "blow-outs" frequently occur. L] [] 7.Weeds are present with thorns, bristles, or burrs. [] [] 8. Moles, gophers or other animals have caused mounds or holes. [] [] 9. Hazardous ruts occur on the field from mowing equipment or trenching. [] L] 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) are protruding from the surface. 16 COMMENTS LIGHTING Yes No [] [] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [] [] 2. There are burned out lights. [] [] 3. The beam direction of the lights are out of adjustment. [] [] 4. The lighting grid pattern on the field is uneven or irregular. [] [] 5. The lighting foot-candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [] [] 2. The guard rails are loose or missing. [] [] 3. The plank or railing end caps are loose or missing. [] [] 4. Wooden planks are wom out or splintered. 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [] [] 1. Skinned foul lines have become rutted and need to be reconditioned. [] [] 2. The chalking material used is irritating to the eyes. [] [] 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. [] [] 4. There are no public telephones available for emergency situations. 17 SC ` AGENDA MEMORANDUM � µ a First Reading for the City Council Meeting of January 14, 2014 Second Reading for the City Council Meeting of January 21, 2014 DATE: December 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3494 Great Western Soccer League lease renewal for Labonte Park CAPTION: Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with Great Western Soccer League for Labonte Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. PURPOSE: To renew the Great Western Soccer lease for the next five years. BACKGROUND AND FINDINGS: The Great Western Soccer League desires to renew their lease with the City for their Soccer activity played at Labonte Park. ALTERNATIVES: Do not approve the lease agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Action is required by City Council to renew the Great Western Soccer Lease for 5 years. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with Great Western Soccer League for Labonte Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. 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 60 month lease agreement with Great Western Soccer League for Labonte Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following votes: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla Leal Colleen McIntyre Rudy Garza, Jr. That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following votes: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla Leal Colleen McIntyre Rudy Garza, Jr. PASSED AND APPROVED this the day of 12014. ATTEST: Nelda Martinez Mayor Rebecca Huerta City Secretary LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRIST[ AND GREAT WESTERN SOCCER This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation_ ("City"), acting through its duly authorized City Manager or designee ("City Manager"), and. .Great Western Soccer ("Lessee"), a Texas nonprofit association, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibits A and B, which said property is located in Corpus Christi, Nueces County, Texas, known as the"Premises"; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of final City Council approval, ("Effective Date") which is unless sooner terminated as set out herein. Section 2. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ("Director"). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ("Improvements") including, without limitation, any buildings, lighting, the fields, fences, irrigation systems, and the grassed. areas. Section 4. Consideration. Great Western Soccer must operate the program described on -Exhibit-A and must maintain the Premises and all Improvements on a year-round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Great Western Soccer shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. (B) Great Western Soccer shall keep fully operational and in good repair the Premises and Improvements. City has no responsibility for maintenance or repair to the Premises and Improvements. (C) Great Western Soccer must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. However, the City has no responsibility to repair or replace any damages to Premises and Improvements caused by vandalism or caused by any other reason. (D) Great Western Soccer shall ensure that parking is confined to on-street parking only, or designated parking lots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. 1 (E) Great Western Soccer will provide normal, scheduled mowing of the Premises. Great Western Soccer will be responsible for maintaining the fields as set out in herein below. Furthermore, Great Western Soccer will be responsible for maintaining the grass in the adjacent viewing/access areas at a safe height not to exceed six(6) inches; (F) Great Western Soccer shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Great Western Soccer must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre-season..practice, the fields must be gradually cut shorter and.brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to..properly bring the fields back, to playing condition will be grounds for termination of this Lease; Great Western Soccer shall throw Winterize (fertilizer with nutrients) on the fields before first cold front each year. In February and September, Great Western Soccer shall throw iron on the fields to make the grass green. The Winterize, Weed and feed, and Iron. shall be purchased by the Great Western Soccer. (G) If Great Western Soccer utilizes goal posts on the Premises, Great Western Soccer shag maintain a secure anchoring system on all goal posts used on the fields at Premises. Great Western Soccer must repair any deficiency found in the anchoring system that impairs the safe use of the.anchoring system within forty-eight (48) hours after the need for repair is or should have been discovered; Great Western Soccer shall not allow use of the Premises until the anchoring system is repaired; (H) Great Western Soccer is responsible for proper installation and use of all equipment and improvements at Premises; (1) Great Western Soccer must maintain First Aid kit on Premises; (J) Great Western Soccer shall complete and submit the attached Exlhibit'D, Standard of -Maintenance to the Director no later than March 1 and again August 1 of each year. Section 5. Compliance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250, If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10%) overhead within thirty(30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice__ constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant (less than 18 years of age) shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. Section 8. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Any tournament or activity allowed to take place by Lessee at the Premises shall be the responsibility of Lessee to indemnify and 2 Insure in accordance with this agreement. Section 9. Securing/Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining. the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in .writing, prior to the change, alteration or modification being made. Section 10.. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements`must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault;excepted. Section 11. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises.during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and/or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and/or easements to minimize damage to the Premises and/or its Improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Directors prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) -No- construction or modifications may be made at the Premises, and no drilling,- excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk. Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or 3 before the due date is grounds for termination of this Lease. Lessee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained In accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar year. Section 15. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 16. Advertising. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Securi Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non•Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non-discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules; regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed.. Section.2D. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including. reasonable attorneys'fees. Section 21. Indemnity. Lessee, its 'officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, 4 dama9es, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected.with, either proximately or remotely, wholly or in part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence,or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or.the Lessee's sport program whether authorized with the express. or implied invitation or permission of Lessee (collectively,. Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) due to any.of the hazards associated with sporting events, training, or. practice as a spectator,or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by Indemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind, and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of or in connection with the asserted or recovered incident Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a. Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance- at the limits and requirements shown on Exhibit C constitutes grounds for-_ termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty(30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section S as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. 5 Section 24. Termination. (A) The City Manager may Immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there. is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty(30)days written notice to the non-terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disp©sal. Section 25. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: - IF'TO LESSEE; City of Corpus Christi Name and address on Exhibit A Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469-9277 Either parry may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. 6 Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee. has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction, or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes; or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. - (B) --Na-walver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. 7 Section 31. Force Majeure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations. of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. Publication. Lessee agrees to pay the. cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other.than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B)To the extent that any clause or provision is held-illegal, invalid, or,unenforceable under present or future`law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause ©r provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Signs at Premises. Lessee will post a notice at Premises, in a form approved by the Parks Director, that,if any participant or spectator has any complaints or concerns they may contact-the City at 826.3461 and speak to Athletic Manager or Assistant Manager regarding any - - complaints or concerns (A) Lessee must post and maintain a sign with sportsmanship policies and possible consequences for non-compliance with policies. (B) Lessee must post and maintain appropriate sings to indicate ADA parking. (C) Lessee must post and maintain signs to indicate restricted parking areas and also that No Parking on grass is permitted. (D) Lessee must post and maintain signs to indicate Maintenance area(s). (E) Less must post Health permits at the concession areas. (F) Lessee must store food handler cards on file at the Premises. (G)Lessee must promptly replace or repair any damaged or missing signage. .8 Section 36. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and Its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Rebecca RHueirta Ronald IL. GIlsoin City Secretary City IManager �Qe LESSEE: Great Western Soccer President Printed Name: Date: STATE OF TEXAS f COUNTY OF NUECES T This instr ent was acknowledged before me onf� , 2013, by President of Great Western Soccer, on behalf of said Texas nonprofit association. Notary lic, State of exas �►'°' EIJMIMI DIANE I ARA Ali M-b• U NOTARY PUBLIC Commission expires: ;5 X0!'7 « cower e�ea: 03-21-2©7? 9 EXHIBIT A Property Description: Terry and Bobby Labonte Park Term: Five Years from date of City Council final approval Program to be operated by Lessee: Soccer League Notice Address for Lessee: Great Western Soccer League Attn: President P. O. Box 260891 Corpus Christi, Texas 78426 10 EXHIBIT B Site map TX-HIS T A ' W an at ao aim* ( E KEY • , +a 0 • R wjswd - LUAU AREA us Fr 3%, wM E• � �L � t •Y lwl'!f A1�10�Y LA�p1R 1�1lr( } Y �h�'4luoawe.� E / 1 Prue 9 at t0 lI EXHIBIT C INSURANCE REQUIREMENTS I. LESSEE`S LIABILITY INSURANCE A.. Lessee must not commence work under this Lease until Insurance required herein has been obtained and such insurance.has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish, to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The,City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, non-renewal, Bodilylnjury and Property Damage material change or termination is required on all Per occurrence 1 aggregate certificates. Commercial General Liability including: $9;000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises-Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage. 6. Independent Contractors 7. Personal Injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be".and "canceled", and deleting the words, "endeavor to", and deleting the wording after"left". ".In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under"Description of Operations". • At a minimum, a 30-day written notice of cancellation, material change, non-renewal or termination Is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.6 (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.6. (1)-(7)are included or excluded. 12 EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: All Leagues must complete this self-inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the.`lease. Each league is responsible for their self inspection. If the inspection is not submitted to the. City of Corpus Christi Parks. and. Recreation Department, 1201 .Leopard,..Corpus. Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [] [l 1. The soil is too loose to provide good running traction. [] [] 2. The soil surface is not loose enough around sliding zones for safe sliding. [] [I 3. The soil is too abrasive for safe sliding. [] [] 4. The soil is too compacted to provide good drainage. [] [] 5. Running paths and sliding zones near bases have,become worn and need to be leveled off. [] [] B. Batter's box and home plate areas have become worn and need to be reconditioned. [] [] 7. Pitcher's mound has become worn and needs to be reconditioned. [I [I 8• The skinned area has low spots, holes, or is not level and should be dragged/re-graded. [] [] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. 13 C] C] 10. The skinned area has unsafe wet spots and/or puddles. [] [] 11.When moist, the skinned area is too sticky and adheres to shoes. [] [] 12. Coach's box is not level with surrounding area. C l C 1 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No C I C] 1. The mound does not conform to league requirements. C I C] 2. Platform area behind the rubber is not large enough. [] [] 3. "Push off' and "landing" areas are not constructed with specialized clay. C] C 14. "Push-off' and "landing" areas are dished out and need repair. [] [] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE: -- Yes No [] [] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. C I [l 2. Litter and unsafe debris is scattered around the field and player/spectator areas. [] [] 3. The supply and location of waste cans is inadequate. [] [] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. []J] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [] [] 6. Our facility does not comply with industry recommended field design 14 specifications. COMMENTS BASES AND ANCHORING: Yes No [] [] 1. The base coverings have unsafe rips or gouges. [] [] 2. The base framework or hardware is loose or damaged. [] [] 3. The base ground stake is unsafely protruding above the surface grade. [] [] 4. The base ground stake is out of alignment or not level with the surface. [] [] 5. The base ground stake is not firmly secured in its concrete footing. [] [] 6. The base, ground.stake and its footing are not installed according to the manufacturer's requirement. [] [] 7. The bases do not seat properly with the ground elevation or they are seated loosely. [] [] B. The concrete footings have rounded edges-and may twist out of place in the ground. [] [] 9. The surface of home plate is not level with the surrounding surface. [] [] 10. The surface of home plate is worn or irregular. [] [] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [] [] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS Yes No [] [] 1. The signs are in good condition and properly installed. COMMENTS 15 FENCING Yes No [] [] 1. Fence posts are loose or improperly set in the ground. [] [] 2. Fence posts are on the inside of the playing area fence. C] C] 3. Concrete footings are exposed above ground. [] [] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [] [l 5. There are unsafe gaps under fencing. [] [] 6. There is.no bottom tension wire or railing to secure the bottom of the fence. [] [] 7. There is not top railing to secure fence at the top. [] [] 8. Wire ends of chain link fencing are exposed along the top. [] [] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [] [] 10. Gates are left open during games. [] [] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [] [] 12. Backstop does not meet industry recommended specifications. [] [] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [] [] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [] [] 2. The surface is uneven because of soil grade. [] [] 3. Soil is too wet or drains poorly making an unsafe running surface. [] [] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [] [] 5. Turf irrigation comes on during games. [] [] 6. Turf is not stable and "blow-outs" frequently occur. [] [] 7.Weeds are present with thorns, bristles, or burrs. [] [] 8. Moles, gophers or other animals have caused mounds or holes. [] [] 9. Hazardous ruts occur on the field from mowing equipment or trenching. [] [] 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) are protruding from the surface. 16 COMMENTS LIGHTING Yes Na 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [] [] 2. There are burned out lights. . [] [] 3. The Ream direction of the lights are out of adjustment. [] [] 4. The lighting grid pattern on the field is uneven or irregular. [] [] 5. The lighting foot-candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [] [] 2. The guard rails are loose or missing. [] [] 3. The plank or railing end caps are loose or missing. [] [l 4. Wooden planks are warn out or splintered. 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [] [] 1. Skinned foul lines have become rutted and need to be reconditioned. [] [] 2. The chalking material used is irritating to the eyes. [] [] 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. [] [] 4. There are no public telephones available for emergency situations. 17 [] [] 5. Areas that are hazardous or under repair have not been blocked off or identified. [] [] 6. There is currently no communication between the maintenance.staff and the facility users. COMMENTS 18 SC ` AGENDA MEMORANDUM � µ a First Reading for the City Council Meeting of January 14, 2014 Second Reading for the City Council Meeting of January 21, 2014 DATE: December 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3494 Santa Fe Soccer lease renewal for North and South Pope Park CAPTION: Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with Santa Fe Soccer League for North and South Pope Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. PURPOSE: To renew the Santa Fe Soccer lease for the next five years. BACKGROUND AND FINDINGS: The Santa Fe Soccer League desires to renew their lease with the City for their Soccer activity played at North and South Pope Park. ALTERNATIVES: Do not approve the lease agreement OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Action is required by City Council to renew the Santa Fe Soccer Lease for 5 years. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 0.00 BALANCE 0.00 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with Santa Fe Soccer League for North and South Pope Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. Be it ordained by the City Council of the City of Corpus Christi,Texas: Section 1. City Manager or designee is authorized to execute 60 month lease agreement with Santa Fe Soccer League for North and South Pope Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following votes: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla Leal Colleen McIntyre Rudy Garza, Jr. That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following votes: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla Leal Colleen McIntyre Rudy Garza, Jr. PASSED AND APPROVED this the day of 12014. ATTEST: Nelda Martinez Mayor Rebecca Huerta City Secretary LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SANTA FE SOCCER LEAGUE This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ("City"), acting through its duly authorized City Manager or designee ("City Manager"), and Santa Fe Soccer League ("Lessee"), a Texas nonprofit association, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibits A and B, which said property is located in Corpus Christi, Nueces County, Texas, known as the"Premises"; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original.term of this Lease is as described on the attached exhibit, beginning on day of final City Council approval, ("Effective Date") which is unless sooner terminated as set out herein. Section 2. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee (°Director"). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ("Improvements") including, without limitation, any buildings, lighting, the fields, fences, irrigation systems, and the grassed areas. Section_4. Consideration. Santa Fe Soccer League must operate the program described on Exhibit A and must maintain the Premises and all Improvements on a year-round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Santa Fe Soccer League shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. (B) Santa Fe Soccer League shall keep fully operational and in good repair the Premises and Improvements. City has no responsibility for maintenance or repair to the Premises and Improvements. (C) Santa Fe Soccer League must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. However, the City has no responsibility to repair or replace any damages to Premises and Improvements caused by vandalism or caused by any other reason. (D) Santa Fe Soccer League shall ensure that parking is confined to on-street parking only, or designated parking lots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. 1 (E) Santa Fe Soccer League will provide normal, scheduled mowing of the Premises. Santa Fe Soccer League will be responsible for maintaining the fields as set out in herein below. Furthermore, Santa Fe Soccer League will be responsible for maintaining the grass in the adjacent viewinglaccess areas at a safe height not to exceed six(6) inches; (F) Santa Fe Soccer League shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Santa Fe Soccer League must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre-season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; Santa Fe Soccer League shall throw Winterize (fertilizer with nutrients) on the fields before first cold front each year. In February and September, Santa Fe Soccer League shall throw iron on the fields to make the grass green. The Winterize, Weed and feed, and iron shall be purchased by the.Santa Fe Soccer League. (G) If Santa Fe Soccer League utilizes goal posts on the Premises, Santa Fe Soccer League shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Santa Fe Soccer League must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty-eight (48) hours after the need for repair is or should have been discovered; Santa Fe Soccer League shall not allow use of the Premises until the anchoring system is repaired; (H) Santa Fe Soccer League is responsible for proper installation and use of all equipment and improvements at Premises; (1) Santa Fe Soccer League must maintain First Aid kit on Premises; (J) Santa Fe Soccer League shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 'of each year. Section 5. Compliance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice.to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10%) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty(30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant (less than 18 years of age) shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. Section 8. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Any tournament or activity allowed to take place by Lessee at the Premises shall be the responsibility of Lessee to indemnify and 2 insure in accordance with this agreement. Section 9. SecuringlAnchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and/or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and/or easements to minimize damage to the Premises and/or its Improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. 3 Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Lessee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained In accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar year. Section 15. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices,. or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired,or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the . City's costs within.thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after fen (10) days written notice to Lessee. Section 16. Advertising. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non-Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non-discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys'fees. 4 Section 21. indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, lndemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, parficipation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by Indemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and an other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty(30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. 5 Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty(30)days written notice to the non-terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 25. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be, in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY. IF TO LESSEE: City of Corpus Christi Name and address on Exhibit A Attn: Director of Park& Recreation P. O. Box 9277 Corpus Christi, TX 78469-9277 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers_and of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing 6 immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30)days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the. Improvements construction or reconstruction period.' The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter Flow long the same may continue, will not be deemed a waiver by said parr of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent.or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. 7 Section 31. Force Maieure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section.32. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application Hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B)To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Signs at Premises. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826-3461 and speak to Athletic Manager or Assistant Manager regarding any complaints or concerns (A) Lessee must post and maintain a sign with sportsmanship policies and possible consequences for non-compliance with policies. (B) Lessee must post and maintain appropriate sings to indicate ADA parking. (C) Lessee must post and maintain signs to indicate restricted parking areas and also that No Parking on grass is permitted. (D) Lessee must post and maintain signs to indicate Maintenance area(s). (E) Less must post Health permits at the concession areas. (F) Lessee must store food handler cards on file at the Premises. (G)Lessee must promptly replace or repair any damaged or missing signage. 8 Section 36. Entire Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Rebecca Hueirta Ronalldl IL. + Ilson lity Secretary Gity Ilanageir LESSE : Santa Fe Soccer League By: � %" President Printed Name: �� r Date: �2. ►� '3 STATE OF TEXAS _ COUNTY OF NUECES ' This instrurn was acknowledged before me on ' 2013, by President of Santa Fe Soccer League, on behalf of said Texas nonprofit association. -------- j&WJ EUZABE rH OIAHE LARA NOTARY P M": NOta ubIIC, State of Texas �� orb 03-2'f-20y 7 Printe name: Xyzahe 3-). Commission expires: 3--'-Lr-cam l r7 Approved as to form F"-MA,-,3 Assistant City Attorney For City Attorney 9 EXHIBIT A Property Description: North Pope Park and South Pope Park Term: Five Years from date of City Council final approval Program to be operated by Lessee: Soccer League Notice Address for Lessee: Santa Fe Soccer League Attn: President 1029 Stirman Street Corpus Christi, Texas 78411 10 EXHIBIT B Site map SANTA FE SOCCER LEAGlJE LEASE EXHIBIT '. .w �rs�w r► w �s WILSON ELEMENTARY SCHOOL HAMLIN SrIoco MIODLE SCHOOL €"WAd - Z t LEGEND NORTH b SOUTH POPE PAR[ 11 EXHIBIT C INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, non-renewal, Bodily Injury and Property Damage material change or termination is required on all Per occurrence I aggregate certificates. Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises-Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after"left". ".In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under"Description of Operations". • At a minimum, a 30-day written notice of cancellation, material change, non-renewal or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 13 (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items I.B. (1)-(7)are included or excluded. 12 EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: All Leagues must complete this self-inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the lease. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi -Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [] [] 1. The soil is too loose to provide good running traction. [] [] 2. The soil surface is not loose enough around sliding zones for safe sliding. [] [] 3. The soil is too abrasive for safe sliding. [] [] 4. The soil is too compacted to provide good drainage. [] [] 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [] [] 6. Batter's box and home plate areas have become worn and need to be reconditioned. [] [] 7. Pitcher's mound has become worn and needs to be reconditioned. B. The skinned area has low spots, holes, or is not level and should be dragged/re-graded. [] [] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. 13 [l [l 10. The skinned area has unsafe wet spots and/or puddles. [] [] 11. When moist, the skinned area is too sticky and adheres to shoes. [] [] 12. Coach's box is not level with surrounding area. [l [l 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [] [] 1. The mound does not conform to league requirements. [] [] 2. Platform area behind the rubber is not large enough. [] [] 3. "Push off' and "landing" areas are not constructed with specialized clay. [] [] 4. "Push-off' and "landing" areas are dished out and need repair. [l [l 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [] [] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [] [] 2. Litter and unsafe debris is scattered around the field and player/spectator areas. [] [] 3. The supply and location of waste cans is inadequate. [] [] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [] [] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts,.bleachers, etc. [] [] 6. Our facility does not comply with industry recommended field design specifications. 14 COMMENTS BASES AND ANCHORING: Yes No [l [] 1. The base coverings have unsafe rips or gouges. [] [] 2. The base framework or hardware is loose or damaged. [] [] 3. The base ground stake is unsafely protruding above the surface grade. [] [] 4. The base ground stake is out of alignment or not level with the surface. [] [] 5. The base ground stake is not firmly secured in its concrete footing. [] [] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. [] [] 7. The bases do not seat properly with the ground elevation or they are seated loosely. [] [] 8• The concrete footings have rounded edges and may twist out of place in the ground. 9. The surface of ome plate is not level With the surrounding surface. [] [] 10. The surface of home plate is wom or irregular. [] [] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [] [] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS Yes No [] []. 1. The signs are in good condition and properly installed. COMMENTS 15 FENCING Yes No [] [] 1. Fence posts are loose or improperly set in the ground. [] [] 2. Fence posts are on the inside of the playing area fence. L] L l 3. Concrete footings are exposed above ground. [] [] 4. Fencing is not securely attached to.the fence posts with loose or broken ties. [] [] 5. There are unsafe gaps under fencing. There is no bottom tension wire or railing to secure the bottom of the fence. [] [] 7. There is not top railing to secure fence at the top. [] [] 8. Wire ends of chain link fencing are exposed along the top. [] L] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [] [] 10. Gates are left open during games. [] [] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [] [] 12. Backstop does not meet industry recommended specifications. [] [] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [] [] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [] [] 2. The surface is uneven because of soil grade. [] [] 3. Soil is too wet or drains poorly making an unsafe running surface. [l [] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [] [] 5. Turf irrigation comes on during games. L] L] 6. Turf is not stable and "blow-outs" frequently occur. L] L] 7.Weeds are present with thorns, bristles, or burrs. [] [] 8. Moles, gophers or other animals have caused mounds or holes. [] [] 9. Hazardous ruts occur on the field from mowing equipment or trenching. L] L] 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) are protruding from the surface. 16 COMMENTS LIGHTING Yes No [] [] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [] [] 2. There are burned out lights. [] [] 3. The beam direction of the lights are out of adjustment. [] [] 4. The lighting grid pattern on the field is uneven or irregular. [l [l 5. The lighting foot-candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [l [l 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [] [] 2. The guard rails are loose or missing. [l [l 3. The plank or railing end caps are loose or missing. [] [] 4 Wooden planks are worn Out or splintered. [] [] 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [] [] 1. Skinned foul lines have become rutted and need to be reconditioned. [] [] 2. The chalking material used is irritating to the eyes. [] [] 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. 17 [] [] 4. There are no public telephones available for emergency situations. [] [] 5. Areas that are hazardous or under repair have not been blocked off or identified. [] [] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 18 0 AGENDA MEMORANDUM First Reading Ordinance for the City of Corpus Christi January 14, 2014 x852 Second Reading Ordinance for the City of Corpus Christi January 21, 2014 DATE: December 17, 2013 TO: Ronald L. Olson, City Manager FROM: Kimberly Jozwiak,, Director of Municipal Court kimberlyi&,cctexas.com (361) 826-2515 Appropriating Funds for the remodeling of the City Detention and Magistration Center to create a safety vestibule for all arresting entities to bring arrested person(s) CAPTION: Ordinance appropriating $50,000 from the Unreserved Fund Balance in the No. 1020 General Fund for remodeling the City Detention Center to create a safety vestibule; and changing the FY 2013-2014 Adopted Annual Operating Budget adopted by Ordinance No 029915 by increasing expenditures by $50,000 in the No. 1020 General Fund. PURPOSE: To create a secure space for all arresting entities to bring arrested person(s) into a safety vestibule for the initial booking process. BACKGROUND AND FINDINGS: Since its inception in 2004, the City Detention and Magistration Center (CDC) has functioned as a short-term holding facility that allows City-employed law enforcement agencies to bring arrested persons for identification and magistration purposes. Once these processes are completed, arrested persons with Class A and B Misdemeanor and/or Felony charges, are transported to the Nueces County Jail for housing. The current layout of the CDC offers no secure area for law enforcement to complete the requirements of the "pre-book-in" process, which includes completing arrest reports, affidavits, and computer data entry. Currently, arresting officers are forced to complete these tasks, within the confines of their patrol cars, with the arrested person detained in the rear seat of the same patrol car. Depending on the circumstances of the arrest, this can be a lengthy process. Since the safety of those in custody and that of law enforcement is paramount, this safety vestibule will provide an enclosed, secure area, within the CDC, where an arresting officer may safely secure an arrested person, while he or she completes the appropriate "pre-book-in" process at computer workstations and/or work areas. ALTERNATIVES: Leave the layout of the City Detention and Magistration Center in its present condition and have the arresting entities continue to initiate the booking process in their patrol cars OTHER CONSIDERATIONS: Non-applicable CONFORMITY TO CITY POLICY: This Ordinance conforms to City policies for appropriation of funds. EMERGENCY 1 NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Operating Revenue Capital X Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 ...__.._............... ...__.. I,F onl . Current Year Future Years TOTALS � .......... yj ........ ........... .,,,,......................................................... _...........-,,,,,,,,,,,,,,,,,,,,.,.,,,,,..,_,_, Line Item Encumb .Bu d e Q � ...... ,,,,,, ............. .... ...........,,mm­-.- ,,,,,,,,,,,,,-,-m-,,,............._............................... .............. ..........,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,............................ . ered 1 Expended Amount $ P �, 0 $50,000.00 50 oao.o �m... __ �.,,_,. 50 000. This item $ 00.00 ...... __�_..................�����....,, �.,.� �_....._....._0fJ,�, ............... ....,,,,, ,����,.,. .........._�_�_�_.... .���� .�.,, ,,.............,,,,.�m�m������...__............__ ..,..��...........�....,�,�,�,�,m������� ._... .�5 D ,0.0 �. ����...�.� BALANCE 0 Fund(s). .............�........ �ma .. Comments: None RECOMMENDATION: City Staff recommends the approval of this Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Appropriating $50,000 from the Unreserved Fund Balance in the No. 1020 General Fund for remodeling the City Detention Center to create a safety vestibule; and changing the FY 2013-2014 Adopted Annual Operating Budget adopted by Ordinance No 029915 by increasing expenditures by $50,000 in the No. 1020 General Fund. Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the amount of $50,000 is appropriated from Unreserved Fund Balance in the No. 1020 General Fund for remodeling the City Detention Center to create a safety vestibule. Section 2. That the FY2013-2014 Operating Budget adopted by Ordinance No. 029915 is changed by increasing expenditures by $50,000 in the No, 1020 General Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor �US C Ga 0l AGENDA MEMORANDUM CORPOR 1 o First Reading for the City Council Meeting of January 14, 2013 1852 Second Reading for the City Council Meeting of January 21, 2013 DATE: January 6, 2014 TO: Ronald L. Olson, City Manager THROUGH: Mark Van Vleck, P.E., Interim ACM for Public Works and Utilities markvv@cctexas.com (361) 826-3189 FROM: Daniel Biles, P.E., Executive Director, Public Works danb @cctexas.com (361) 826-3729 Approval of Seawall Maintenance Capital Improvement Program CAPTION: Ordinance amending the FY 2014 Capital Improvement Program Budget adopted by Ordinance No. 029916 to add the Seawall Maintenance projects approved by the Type A Board and City Council as listed in Attachment A; appropriating $6,500,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund and transferring and appropriating into Seawall CIP Fund 3272 for the Fiscal Year 2014 projects as listed in Attachment A; changing the FY 14 Operating Budget adopted by Ordinance 029915 to increase expenditures by $6,500,000. PURPOSE: To review and provide recommendation for City Council consideration and approval of proposed Seawall Maintenance Capital Improvement Program with funding for Fiscal Year 2014. BACKGROUND AND FINDINGS: Attachment "A" - Seawall Maintenance Capital Improvement Program is included for reference. Projects identified for inclusion in the Seawall Maintenance Capital Improvement Program have been previously approved by the Type A Board, are an expansion of a project previously approved by Type A Board, or are part of the seawall flood protection system and are eligible for use of Type A funds. Projects are listed in order of priority, with consideration given for public health and safety, protection of public and private investment, and long term sustainability of the area. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: On September 23, 2013, Type A Board committee members, City staff, and the consultant engineer (HDR Engineering, Inc.) visited locations of the proposed projects recommended for inclusion in the Seawall Maintenance Capital Improvement Program. Comments and questions from the Type A Board were received and are addressed in the proposed program. The Seawall budget was approved by the Type A Board November 18, 2013. Bond 2000 Ballot language is included in Attachment"B" for reference CONFORMITY TO CITY POLICY: Conforms to requirements of the Corpus Christi Business and Job Development Board for appropriation and use of Type A funds for seawall maintenance. DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 6,500,000 15,250,000 21,750,000 Encumbered / Expended Amount This item BALANCE 1 6,500,0001 15,250,000 121,750,000 Fund(s): Seawall Maintenance Fund Comments: none RECOMMENDATION: City Staff recommends approval of the attached proposed Seawall Capital Improvement Program. LIST OF SUPPORTING DOCUMENTS: • Attachment"A" - Seawall Maintenance Capital Improvement Program Budget • Attachment"B" — Bond 2000 Ballot language • Ordinance • Location Map • Presentation Ordinance amending the FY 2014 Capital Improvement Program Budget adopted by Ordinance No. 029916 to add the Seawall Maintenance projects approved by the Type A Board and City Council as listed in Attachment A; appropriating $6,500,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund and transferring and appropriating into Seawall CIP Fund 3272 for the Fiscal Year 2014 projects as listed in Attachment A; changing the FY 14 Operating Budget adopted by Ordinance 029915 to increase expenditures by $6,500,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to include Type A Board and City Council approved Seawall Maintenance Projects as listed in Attachment A. SECTION 2. An amount of $6,500,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund is appropriated from fund balance and transferred and appropriated into the No. 3272 Seawall CIP Fund for the approved FY 2014 Seawall Projects. SECTION 3. The FY 2014 Operating Budget adopted by Ordinance No. 029915 is changed to increase expenditures by $6,500,000. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED on this the day of 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Seawall Maintenance Budget Programmed Amount FY 12-13 =_ '— - ,----,Air FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-26 10 Year Project Name Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11-13 TOTALS —� ..�.�—='4'w- 1 Recurring Seawall Maintenance** 6,970.0 720.0 500.0 500.0 500.0 500.0 500.0 500.0 500.0 500.0 500.0 500.0 1,250.0 5,000.0 2 Barge Dock Repairs** 8,700.0 350.0 2,000.0 5,000.0 1,350.0 - - - - - - - - 8,350.0 3 Salt Flats Levee Certification Improvements**** # 10,000.0 - 2,500.0 2,500.0 5,000.0 - - - - - - - - 10,000.0 4 Science & History Museum Levee Wall a 1,500.0 - 1,500.0 - - - - - - - - - - 1,500.0 5 Hughes Street Pump Station a 26,000.0 - - - - 6,500.0 7,500.0 7,000.0 5,000.0 - - - - 26,000.0 6 Seawall Back-up levee project*21,000.0 - - - - - - - - - - - 21,000.0 - 7 USACE Bulkhead Repairs*** 7,100.0 - - - - - - - 1,000.0 3,000.0 3,100.0 - - 7,100.0 8 Sunfish Island and Breakwater*** 3,300.0 - - - - - - - 1,000.0 2,000.0 300.0 - - 3,300.0 9 Breakwater at McGee Beach*** 7,300.0 - - - - - - - - 1,300.0 2s00.0 3s00.0 - 7,300.0 10 McGee Beach Nourishment*** 1,600.0 - - - 400.0 1,200.0 - - - - - - - 1,600.0 11 Marina Breakwater Improvements*** 2,400.0 - - - - - - - - 1,400.0 1,000.0 - - 2,400.0 12 South Texas Art Musuem Protection System 15,000.0 - - - - - - - - - - 2s00.0 12s00.0 2,500.0 Total 110,870.0 1,070.0 6,500.0 8,000.0 7,250.0 8,200.0 8,000.0 7,500.0 7,500.0 8,200.0 7,400.0 6,500.0 34,750 0 -�---- *City submitting FEA Appeal Document to challenge their BFE against the seawall; could modify froom due to seawarr from AO to an X zone. If approved; this project is significantly rzduced **Project previously approved by the Type A Board and Council ***Project previously approved by the Type A Boase * °Expansion of previously approved Type A and Council Project a Part of Downtown Flood Protection Strategy 11/15/2013 C:\Users\danb\Dropbox\Utility Depts\Final CIP FY 13-14 Page 1 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 7, 2000, IN THE CITY OF CORPUS CHRISTI ON THE QUESTIONS OF AUTHORIZING OBLIGATIONS OF THE CITY SUPPORTED BY AD VALOREM TAXES AND AUTHORIZING A SALES AND USE TAX PURSUANT TO SECTION 4A OF ARTICLE 5190.6, VERNON'S TEXAS CIVIL STATUTES; PROVIDING FOR PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY;AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE WHEREAS, the City Council finds that the citizens of Corpus Christi should have the opportunity to approve the issuance of obligations of the City supported by ad valorem taxes for needed public improvements and to approve a program for economic betterment of the community; and WHEREAS, the City is authorized by Article VIII of the City Charter to issue general obligation bonds in accordance with State law; and WHEREAS,the Texas Legislature in Section 4A of Article 5190.6,Vernon's Texas Revised Civil Statutes,has empowered local communities with the means of improving the economic health and prosperity of their citizens and the City Council finds that the projects to be presented to the voters, as specified in Propositions 4, 5, and b of Section 7 below, are each authorized by Section 4A of Article 5190.6; and WHEREAS, a public hearing shall be held before the election to inform the residents of the City of the cost and impact of the projects proposed to be authorized in Propositions 4, 5,and 6 of Section 7, below, with notice as required by law, and the public shall be invited to speak at said public hearing; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, Nueces County will also be conducting a general election on November 7, 2000. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS,THAT: SECTION 1. A special City election(hereinafter the"Election.") shall be held in the City l of Corpus Christi,Texas, on November 7,2000, for the purpose of submitting to the voters of the 0JR130502.001 024121 ATTACHMENT "B" ` City ballot propositions that authorize the issuance of obligations supported by ad valorem taxes and authorize a corporation governed by Section 4A of Article 5190.6, Vernon's Texas Civil Statutes, to use a sales and use tax of up to three-eighths of one percent for projects authorized by said statute. SECTION 2. At the Election all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. Precinct ballot counters shall be employed at the election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi,as set forth on Attachment A hereto incorporated by reference and made part of this ordinance(said Attachment A to be approved and attached when the polling places in the regularly prescribed precincts are finally determined by Nueces County). The Election shall be held in accordance with the election laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the day of the Election. Testing of the precinct ballot counting equipment shall be conducted as prescribed by the Secretary of State's directive "Alternate . Method of Testing Precinct Ballot Equipment". SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. He is directed to request consideration by the U. S. Department of Justice of the submission of any change herein which requires preclearance,and to provide such demographic data rr and information as required by law. t`J SECTION S. Paper ballots and precinct ballot counters shall be used for the conduct of the Election on election day and for early voting. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of Nueces County Courthouse, 901 Leopard, or at the temporary branch polling places set forth in Attachment B,incorporated by reference and made a part of this ordinance (said Attachment B to be approved and attached when the temporary branch polling places are determined by Nueces County) hereby established as follows: In addition,early voting in person may be conducted at the mobile temporary branch polling; places set forth in Attachment C, incorporated by reference and made a part of this ordinance,during the days and hours specified therein (said Attachment C to be approved and attached when the mobile temporary branch polling places are determined by Nueces County), The City Secretary is authorized,in the event of an emergency,preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all election precincts. SECTION 6. The City Secretary is directed to post and publish such election notices as are required by the Election Laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said election and is hereby authorized and directed to make all necessary arrangements for the holding of said election in accordance with and OJRB 0502.001 2 ATTACHMENT "B" subject to the laws of this State including but not limited to coordinating the election process, including use of tabulation equipment,supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 7. At the Election,the voters shall be presented with the following propositions (in English and Spanish) in the form prescribed by the Texas Election Code: PROPOSI_T_ION NO, I STREET IMPROVEMENTS FOR AGAINST Authorizing the City Council of the City of Corpus Christi to issue the bonds and notes of said City in one or more series or issues,in the aggregate principal amount of$20,776,000, for the purpose of IMPROVING THE STREETS OF THE CITY, INCLUDING: *STREET IMPROVEMENTS FOR: -McARDLE ROAD PHASE 3(EVERHART ROAD TO HOLMES DRIVE), -HORNE ROAD (AYERS STREET TO KOSTORYZ STREET), -CLIFF MAUS ROAD PRASE: IA (FM 665 TO JUST SOUTH OF ROCKFORD ROAD), -YORKTOWN BOULEVARD (LAKE TRAVIS DRIVE TO WEBER ROAD), -CITY SHARE OF CONSTRUCTION IN NEW SUBDIVISIONS, -STREET LIGHTING, -GUARDRAILS/PEDESTRIAN BRIDGES/SCHOOL ZONE, -INTERSECTION APPROACH IMPROVEMENTS; *STREET RESURFACING AND RELATED IMPROVEMENTS FOR: -UP RIVER ROAD (IH 37 TO LEOPARD STREET), -ALAMEDA STREET(PARADE DRIVE TO OCEAN DRIVE), -AYERS STREET (SOUTH PADRE ISLAND DRIVE TO PORT AVENUE), -GOLLIHAR ROAD (CROSSTOWN EXPRESSWAY TO KOSTORYZ ROAD), -SOUTH STAPLES STREET (GOLLIHAR ROAD TO WILLIAMS DRIVE); *NEIGHBORHOOD STREET RECONSTRUCTION ON: -LYONS STREET, -BIRMINGHAM STREET, -ANNAVILLE ROAD/CATCAY/AZORE, -JAMAICA/BROOKDALE, -WOODLAWNILAGUNA SHORES/WHITING; *SIDEWALK ACCESSIBILITY IMPROVEMENTS FOR THE DISABLED; *TRAFFIC SIGNAL IMPROVEMENTS AT CONGESTED INTERSECTIONS WITH HIGH ACCIDENT RATES; *CITY SHARE OF COST PARTICIPATION IN STATE HIGHWAY alRSOSaz.aa� 3 ATTACHMENT "B" DEPARTMENT PROJECTS ON -FM 624 (US 77 TO FM 1.889), -Mc.KINZIE ROAD PHASE.2 (HAVEN TO SOUTH CITY LIMITS), -FUTURE PROJECTS; with the bonds and notes of each such series or issue,respectively,to mature serially within not to exceed 25 years from their date, and to be sold at such prices and bear interest at such lawful rates as shall be determined to be most advantageous to the public in the judgment of the City Council, and authorizing said City Council to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and notes and provide a sinking fund to pay said bonds and notes at maturity,to the extent required by law. PROPOSITLQN_NO.2 PARK ANY}RECREATION AND MUSE11M"Ii,MPROVEMENTS FOR AGAINST Authorizing the City Council of the City of Corpus Christi to issue the bonds and notes of said City in one or more series or issues, in the aggregate principal amount of$4,694,000, for the purpose of IMPROVEMENTS TO PARK AND RECREATION AND MUSEUM FACILITIES, INCLUDING: *RENOVATION OF FIVE SENIOR AND SIX RECREATION CENTERS, { INCLUDING; -ETHEL EYERLY COMMUNITY& SENIOR CENTER, -OAK PARK RECREATION CENTER, -OSO RECREATION CENTER, -JOE GARZA RECREATION CENTER, -LINDALE RECREATION CENTER, -T.C. AYERS RECREATION CENTER, -BEN GARZA GYMNASIUM, BROADMOOR SENIOR CENTER, -GREENWOOD SENIOR CENTER, -LINDALE SENIOR CENTER; *YOUTH OUTDOOR SPORTS FACILITIES, INCLUDING: -H.P. GARCIA PARK, -PRICE PARK, -SOUTH GUTI I PARK, -WALDRON PARK, -BILL WITT PARK; *RENOVATIONIDEVELOPMENT OF EXISTING PARKS,INCLUDING: -LOS ENCINOS PARK($100,000), -NUECES RIVER PARK($100,000), -OAK PARK ($100,000), -PARKER PARK($100,000), l -SOUTH BLUFF PARK($100,000), J WRB0502.001 4 ATTACHMENT "B" r -ST.ANDREWS PARK ($75,000), -SURFSIDE PARK($100,000), -WEST GUTH PARK($200,000), -BRIGHTON PARK($25,000); *H,E.B. TENNIS CENTER PAVILION; *CORPUS CHRISTI SCIENCE AND HISTORY MUSEUM FIRE SUPPRESSION AND HEATING& AIR CONDITIONING SYSTEMS; with the bonds and notes of each such series or issue,respectively,to mature serially within not to exceed 25 years from their date,and to be sold at such prices and bear interest at such lawful rates as shall be determined to be most advantageous to the public in the judgment of the City Council, and authorizing said City Council to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the.annual interest on said bonds and notes and provide a sinking fund to pay said bonds and notes at maturity,to the extent required by law. PRQPOSITION NO,3 PUBLIC UEALTH AND SAFETY IMPROYEMENTS FOR AGAINST Authorizing the City Council of the City of Corpus Christi to issue the bonds and notes of said City in one or more series or issues, in the aggregate principal amount of$5,330,000, { for the purpose of PUBLIC HEALTH AND SAFETY IMPROVEMENTS,INCLUDING: *ANIMAL AND VECTOR CONTROL FACILITY, *FIRE/POLICE TRAINING FACILITY (PHASE ONE - FIRE TOWER AND RANGE), * IMPROVEMENTS TO FIRE STATIONS (ADA, COED), *CONSTRUCTION OF MUSTANG ISLAND FIRE SUB-STATION, *HEALTH DEPARTMENT MAJOR ROOF REPAIRS, with the bonds and notes of each such series or issue,respectively, to mature serially within not to exceed 25 years from their date,and to be sold at such prices and bear interest at such lawful rates as shall be determined to be most advantageous to the public in the judgment of the City Council, and authorizing said City Council to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and notes and provide a sinking fund to pay said bonds and notes at maturity. PROPOSITION NO. 4 SEAWALLIMPROVEMENTS FOR AGAINST The adoption of a sales and use tax(under Section 4A of the Development Corporation Act of 1979)for the promotion and development of improvements to the downtown Seawall and \ for maintenance and operating costs of said Seawall improvements for the life thereof at the J O1RB0502.00 l 5 ATTACHMENT "B" rate of one-eight of one percent to be imposed for 25 years. PROPOS1110N N MULTIPURPOSE ARENA FOR AGAINST The adoption of a sales and use tax(under Section 4A of the Development Corporation Act of 1979) for the promotion and development of construction of a Multipurpose Arena and for maintenance and operating costs of said Multipurpose Arena for the life thereof at the rate of one-eight of one percent to be imposed for 25 years. ER(ROSITION NO,6 F"NOMIC DEVELOPMENT SALES TA FOR AGAINST The adoption of a sales and use tax(under Section 4A of the Development Corporation Act of 1979)for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 12 years. \_ SECTION 8. The voter-approved obligations issued pursuant to Propositions 1, 2,and 3 of Section 7 shall be secured by the full tax rate authorized by the Texas Constitution,in accordance with Article VIII, Section 1(b) of the City Charter. SECTION 9. Monies collected from Proposition Nos. 4, 5, and 6, respectively, shall be maintained in separate funds, each fund to be used only for the purposes authorized by that proposition as limited by this ordinance. SECTION 10. Monies maintained in the separate fund for Proposition No. 6 shall be expended only to attract and secure facilities and employers who contractually agree 1) to add new facilities or expand existing facilities in Corpus Christi, and 2) to permanently hire or maintain employees in Corpus Christi. Criteria shall be developed to assure that employers assisted with said funds meet the requirements of this section,and such criteria shall include provision for repayment of incentives and/or economic sanctions for failure to meet the criteria. Further,monies maintained in the separate fund for Proposition No. 6 shall never be used for projects associated with the dredging of Packery Channel or for the projects proposed to be authorized in Propositions 4 and 5 of Section 7 of this Ordinance. This paragraph is intended to be a contract with the voters that monies from Proposition No. 6 will only be expended for the purposes stated in this paragraph. SECTION 11. The City Council finds that the Seawall Improvements proposed in Proposition No. 4 serve multiple purposes which sheet the economic development objectives of Section 4A of the Development Corporation Act(which objectives the statute also defines to include projects authorized by Section 4B of the Act). The findings specifically include,but are not limited to,the following;First,the Seawall is a facility and improvement which promotes new and expanded OJRB0502.001 6 ATTACHMENT "B" __ business development. The downtown area protected by the Seawall consists of approximately 551 acres with private property tax valuation of$203,000,511, including; major office buildings, the City's largest hotels,Convention Center,Memorial Coliseum,Art Center,Art Museum,Science and History Museum,Harbor Playhouse,Museum of Oriental Cultures,Selena Bayfront Auditorium,and Heritage Park,the City's primary entertainment district with numerous nightclubs and restaurants, the city marina,and warehouses and terminal facilities of the Port of Corpus Christi Authority. The Seawall is essential to maximizing new and expanded commercial and retail business development and retaining commercial business activity in the area. Maximizing development in the area is critical to employment and the long-term economic health of the City and its residents. Second,the Seawall meets the Section 4B criteria of promoting or developing new or expanded business enterprises,including a project to provide public safety(storm and flood protection)facilities,streets (the Seawall sidewalk is an essential part of the Shoreline Drive right-of-way serving hundreds of thousands of pedestrians,and is part of the Bayfront Hike and Bike Trail),drainage(connecting with the City's stormwater system,it is a fundamental part of draining the commercial areas behind the Seawall), general municipally owned improvements, related improvements, and other projects determined to promote or develop new or expanded business enterprises. Third,it meets the Section 413 purpose of being required or suitable for use for entertainment (for example, hundreds of thousands gather there to watch and participate in events such as Buccaneer Days,Bayfest,parades, sailing regattas, the Fourth of July and Millennium Celebration fireworks displays, and the East- West Powerboat Races), tourist, convention, and public park purposes and events. As a place conducive to gatherings of hundreds of thousands of people,the Seawall serves the function of an auditorium, amphitheater, or concert hall. In addition, it serves as a public park and supports facilities and open space improvements, In addition, the Seawall complex(including the Marina) r serves, and has the capacity to expand its services of, store, restaurant, concession, automobile parking facilities, and area transportation facilities. Fourth, the seawall is a port-related facility which supports waterborne commerce. SECTION 12. The election is expected to be conducted in accordance with an agreement betweenNueces County and the City of Corpus Christi to hold a joint election on November 7,2000, (which shall be approved and attached hereto as Attachment D and incorporated herein). The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 13. By approving and signing this ordinance, the Mayor officially confirms as his action all matters recited in this ordinance which by law come within his jurisdiction. SECTION 14. If for any reason any section,paragraph,subdivision,clause, phrase,word, or provision of this ordinance or the ballot herein 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, work,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, OIRa0502.001 7 ATTACHMENT "B" ATTEST: City Secretary Mayor The City Of Corpus Christi Approved this_ day of �J u ( 72000 James R. Bray, City Attorney ' -- r UJRBUSU2.UOE 8 ATTACHMENT "B" That the foregoing ordinance was read for the first time and passed to its second reading on this the d y of ,2000, by the following vote: Samuel L. Neal,Jr. Rex A. Kinnison Javier D. Colmenero Betty Jean Longoria Melody Cooper John Longoria Henry Garrett Mark Scott Dr. Arnold Gonzales That th for going ordinance was read for the second time and passed finally on this the ay of , 2000, by the following vote: Samuel L. Neal,Jr. Rex A. Kinnison Javier D. Colmenero Betty.lean Longoria Melody Cooper John Longoria L _ Henry Garrett C1 Mark Scott Dr. Arnold Gonzales PASSED AND APPROVED this the djday of , 2000. 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J ,,r,, a;Ir' � , °r�- J,-;'� � ^�� i uuuuuuuuuuuuuuuuuuuuuuuuuuuuuu'uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu'uuuuuuuuuuuuuuu uuuuuuuuuuuu'u ✓�Tq�A/ % '�! ��� �� � df f"'�'� ,�r iel�` �rl' + r !I!7 �Y��� i 1 �/V � 1�J,1✓ U a e' ,i M�61 uuuu iiiiomuppluuuuuuuuuuuuuuuuuuuuuuuuiiiouuuuuuuuuuuuuuuuuuuuuuuuuuiio I r / V' V rf U �h r r / � rc e� i�W Th1 1 Jl ,%i �l f, 1(r � J', /a„{ p �( ,� lil o// ,y,'�r J➢�/r h; ,i� .. m m a r�, r�, � /rr/ �i��i ,,;r� /:, ,r err// ✓ Fa r ol,, ,; r� uG w,,,��((mmr ��' \j�y�� 1V� .N..... p r 1, � 1 Y ,P :h I �r'+ f /% rM � W /' rr l VVVVVVVVVVVVVVVVV V LEGEND r- o �rr « � h r�/ ?w" !' �I r r J U i !,�✓j/ ` Ur 1� U ✓r /i P Hula �r/�y PgYl uuyrtr �rl� r"r �; RECURRING SEAWALL MAINTENANCE —BARGE DOCK REPAIRS —SALT FLATS LEVEE CERTIFICATION IMPROVEMENTS SCIENCE$HISTORY MUSEUM LEVEE WALL 1�t>, ��ji%re 11rJmr���lrri (i� �f �� /✓f� r Yl� orr �1 �l 3 r/�/�, r err/(%r �� �/p rr U/ r J ly n« ryr ry r i �/i y r / ! ✓layf , 1✓U a(ri „�a�p r ly r 1�y df y � �� l�� rry �r ,yPy�/ yJy rtr %/'a ri ' —HUGHES STREET PUMP STATION r/ r / d l( iiJ ; u r ➢ r1 / SEAWALL BACK—UP LEVEE PROJECTS USACE BULKHEAD REPAIRS rU r i Jr� ,✓�y p r r / � / ;" �� SUNFISH ISLAND AND BREAKWATER 'ulld 11������i 1 r y��JJr✓ f i>'I/ ' ' r ��� r,'IVl� '�i E„r�� I rr J ' y� w✓ / « a / BREAKWATER AT MCGEE BEACH MCGEE BEACH NOURISHMENT r I r o G,r miJ ja Ul�l '� r IImIIN r` /i MARINA BREAKWATER IMPROVEMENTS Jy rl f% TD j 1 —SOUTH TEXAS ART MUSEUM PROTECTION SYSTEM SEAWALL MAINTENANCE CAPITAL CITY EXHIBIT IMPROVEMENT PROGRAM - CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PROJECT LOCATION MAP PAGE: 1 of 1 coRpo 185 Corpus Chr Engineering SEAWALL MAITNENANCE Capital Improvement Program City Council Presentation January 14, 2013 Seawall Maintenance Budget Corpus Chr'stj Engineering 2 Programmed Amount FY 12-13 ........no,.... FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-26 10 Year -----=_ ----- Project Name�____, Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11-13 TOTALS 1 Recurring Seawall Maintenance** 6,970.0 720.0 500.0 5 0.0 500.0 500.0 500.0 500.0 500.0 500.0 500.0 500.0 1,250.0 5,000.0 2 Barge Dock Repairs** rrr 350.0 2,000.0 5,000 .0 1,350.0 8,350.0 3 Salt Flats Levee Certification Improvements****# 10,000.0 2,500.0 rrr 5,000.0 10,000.0 4 Science & History Museum Levee Wall # rrr 1,500.01,500.0 5 Hughes Street Pump Station # 26,000.0 - 6,500.0 7,500.0 7,000.0 5,000.0 26,000.0 6 Seawall Back-up levee project* # rrrr - - - - - - - - 21,000.0 - I USAGE Bulkhead Repairs*** rrr 1,000.0 3,000.0 3,100.0 7,100.0 8 Sunfish Island and Breakwater*** rrr 1,000.0 2,000.0 300.0 3,300.0 9 Breakwater at McGee Beach*** rrr 1,300.0 2,500.0 3,500.0 7,300.0 10 McGee Beach Nourishment*** rrr 400.0 1,200.0 1,600.0 11 Marina Breakwater Improvements*** rrr 1,400.0 1,000.0 2,400.0 12 South Texas Art Museum Protection System 15,000 .0 2,500.0 12,500.0 2,500.0 Total 110,870.0 1,070.0 6,500.0 8,000.0 r r 8,200.0 8,000.0 7,500.0 7,500.0 8,200.0 7,400.0 6,500.0 34,750 0 = —°- .. *City sub !rang FEMA App i Document ngeL P rif BFE against the seaW could modify flooding due to seawall from AO ttr ass X zona, f approved, this project is sign/fioatstr$f reduced **Project previous& approved by the Type A Board and Council ***Project previous& approved by the Type A Board "'Expansion of previously approved Type and Cour ii Petr ct a of Downrown Flood PrOtectionn Strategy 2 G° SC 'M000FpRR1 0 is AGENDA MEMORANDUM First Reading at the City Council Meeting of January 14, 2014 Second Reading at the City Council Meeting of January 21, 2014 DATE: January 14, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Replenishment of General Fund Reserves for the Aquarius Street Project CAPTION: Ordinance approving the transfer of funds in the amount of $950,000 from the Street CIP Fund 3530 for budgeted expenditures, including construction, of the Aquarius Street Project from Dasmarinas to Commodores into the No. 1020 General Fund; changing the FY2013-2014 Operating Budget adopted by Ordinance No. 022915 by increasing revenue by $950,000 in the No. 1020 General Fund; and changing the FY2013-2014 Capital Budget adopted by Ordinance No. 022916 by increasing appropriations by $9507000. PURPOSE: The purpose of this agenda item is to reimburse the General Fund for funds borrowed and expended for the Aquarius Street Project in relation to Bond 2008. BACKGROUND AND FINDINGS: On December 13, 2011, the City Council appropriated $950,000 from the unreserved fund balance in the General Fund to award a contract to begin construction work on Aquarius Street from Dasmarinas to Commodores as part of the Bond 2008 bond package. This action was taken so that the City could move forward with the street extension project on Aquarius Street after the City lost a lawsuit claiming that a new design for this road was not in agreement with bond language approved by the voters in November 2008. The City appealed the ruling, and the 13th Court of Appeals ruled in the City's favor earlier this year stating that the Aquarius Street project did comply with the 2008 bond language as approved by the voters. This agenda item replenishes the General Fund's reserves so that the Aquarius Street project can be funded with Bond 2008 proceeds — as approved by the voters. ALTERNATIVES: An alternative would be to not replenish the General Fund and use the $950,000 for other street projects. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTALCLEARANCES: • Engineering Department • Financial Services Department • Legal Department FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of(date) - - -This item - $ 950,000 $ - $ 950,000 BALANCE - $ 950,000 $ - $ 950,000 FUND(S): Fund 1020 General Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance approving the transfer of funds in the amount of $950,000 from the Street CIP Fund 3530 for the budgeted expenditures, including construction, of the Aquarius Street Project from Dasmarinas to Commodores into the No. 1020 General Fund; changing the FY2013-2014 Operating Budget adopted by Ordinance No. 022915 by increasing revenue by $950,000 in the No. 1020 General Fund; and changing the FY2013-2014 Capital Budget adopted by Ordinance No. 022916 by increasing appropriations by $950,000. Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the amount of $950,000 is transferred from the Street CIP Fund 3530 into the No. 1020 General Fund for the budgeted expenditures, including construction, of the Aquarius Street Project from Dasmarinas to Commodores. Section 2. That the FY2013-2014 Operating Budget adopted by Ordinance No. 022915 is changed by increasing revenue by $950,000 in the No. 1020 General Fund. Section 3. That the FY2013-2014 Capital Budget adopted by Ordinance No. 022916 is changed by increasing appropriations by $950,000. ORD-Transfer-Change FY13-14 Operating and Capital Budgets on Aquarius Street 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 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor ORD-Transfer-Change FY13-14 Operating and Capital Budgets on Aquarius Street se ORPORb 'p 1852 AGENDA MEMORANDUM First Reading at the City Council Meeting of January 14, 2014 Second Reading at the City Council Meeting of January 28, 2014 DATE: January 14, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Change of Fiscal Year CAPTION: Ordinance changing the City of Corpus Christi's fiscal year from August 1 st through July 31 st to October 1 st through September 30th. PURPOSE: The purpose of this item is to change the City's fiscal year. BACKGROUND AND FINDINGS: Ordinance #1027 dated November 23, 1939 set the City of Corpus Christi's current fiscal year of August 1St — July 31St. The City's Charter, Article IV. Administration, Section 2 (a) states that the City's fiscal year shall be set by ordinance but shall not be changed more often that every four years, except by two-thirds vote of the Council. Approval of this agenda item would change the City's fiscal year to October 1 st through September 30th The issue that City management has faced in the past is that the proposed budget presented to the City Council by May 31St contains property tax revenue based on preliminary assessed valuations. Since the final valuations are not required to be remitted by the Nueces County Appraisal District until July 25th and since the adoption of the final budget by the City Council must be made by July 31 st under the current fiscal year, if there are significant variances in assessed valuations from the preliminary to the final assessed valuations, City management is left in an awkward position trying to account for the variances prior to adoption of the final budget. Additionally, Corpus Christi is one of only three of the top twenty cities in Texas that does not have a September 30th fiscal year-end. This change would align Corpus Christi with most other cities in Texas. The timing appears right to make this change. The City is currently in the process of changing its software applications, and so the change of fiscal year can be built into the implementation upfront —which saves money. If this ordinance is approved, then City staff will prepare a two-month budget amendment to be presented in February 2014 to extend the current fiscal year through the end of September 2014. ALTERNATIVES: An alternative would be to leave the City's fiscal year as-is. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTALCLEARANCES: • Office of Management and Budget • Legal Department FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of(date) - - -This item - $ - $ - $ - BALANCE - $ - $ - $ - FUND(S): COMMENTS: Approval of the ordinance to change the fiscal year does not have a direct financial impact. When City staff brings forth a budget amendment in February 2014 to add two months to the City's current fiscal year, the financial impact by fund will be identified. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 Ordinance changing the City of Corpus Christi's fiscal year from August 1 through July 31 to October 1 through September 30. Whereas, Article IV Section 2 of the City Charter provides that the fiscal year shall be set by ordinance, but shall not be changed more often than every four years except by two-thirds vote of the Council; Whereas, Ordinance No. 1027 adopted on November 23, 1939 established the fiscal year as August 1 through July 31 , which has not been changed since that date; Whereas, City Council has considered changing the fiscal year to the period from October 1 through September 30, as this period is the fiscal year used by almost every city in Texas due to state law regarding the timing of property tax appraisal value remittances by local appraisal districts, as well as coinciding with the federal fiscal year for purposes of grant administration; Whereas, the City of Corpus Christi is changing its software applications, so the timing is right to make this change starting in fiscal year 2014; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Corpus Christi City Council changes the fiscal year from August 1 through July 31 to October 1 through September 30, effective for fiscal year 2014. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Ord-Change in Fiscal Year.doc 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Ord-Change in Fiscal Year.doc se RPORb 'p 1852 AGENDA MEMORANDUM First Reading at the City Council Meeting of January 14, 2014 Second Reading at the City Council Meeting of January 28, 2014 DATE: January 14, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Housekeeping Revision to the Code of Ordinances CAPTION: Ordinance amending the Code of Ordinances by revising Section 17, Finance and Taxation; revising Section 17-4, Release of Liens-Execution; and revising Section 17-5, Same-Certificates; providing for effective date and providing for severance. PURPOSE: The purpose of this item is to revise the Code of Ordinances as it relates to the administration of liens to accurately reflect the current practice. The last revisions were made in 1968 and 1972. BACKGROUND AND FINDINGS: In reviewing our processes and procedures as it relates to the release of liens by the Accounts Receivable division in Financial Services, it was noted that the Code of Ordinance stipulate that only the city manager or the director of finance could release liens. Since the original implementation of this section in the Code of Ordinances in 1968, processes have changed and additional staffing has been hired to administer the lien program. Therefore, we are recommending that the assistant director of finance, the chief accountant, and the supervising accountant be added to Section 17-4 of the Code of Ordinances since those individuals are the ones who actually are currently involved in the process. Additionally, we recommend that the supervising accountant be added to Section 17-5 since this position is the manager over the Accounts Receivable division. Additionally, the second paragraph of Section 17-4 describes a form of certificate that is supposed to "recite pertinent facts pertaining to the indebtedness." City staff has found no evidence that this practice has ever been performed, and so we are recommending that it be eliminated from the Code of Ordinances. The release of lien contains all of the necessary information. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTALCLEARANCES: • Legal Department FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of(date) - - -This item - $ - $ - $ - BALANCE - $ - $ - $ - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 ORDINANCE Ordinance amending the Code of Ordinances by revising Section 17, Finance and Taxation; revising Section 17-4, Release of Liens- Execution; and revising Section 17-5, Same-Certificates; providing for effective date and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Chapter 17, Finance and Taxation, of the Code of Ordinances of the City of Corpus Christi, Texas, Section 17-4, is amended to read as follows: Sec. 17-4. Releases of liens—Execution. Either the city manager.vnrr the director of finance, assistant director of finance, chief accountant, or supervising accountant may execute releases of lien after the payment of the indebtedness represented by such lien, provided such release is approved as to legal form, as is provided by the city charter. Oho nit y, PFGVidinn en i i snh form a space for the sigRat�ire of the nit y manager er the the direnter of finonne Whinhe�ier the nose may bete evidence the font that he hoc , cP , ry ca�cr aRYGRe d iriRg erdiRaFy 196 iciness hei irs Section 2. Chapter 17, Finance and Taxation, of the Code of Ordinances of the City of Corpus Christi, Texas, Section 17-5, is amended to read as follows: Sec. 17-5. Same—Certificates. The director of finance is hereby directed to provide a form of certificate which will recite the pertinent facts pertaining to the indebtedness, the release of which is desired from the city, providing on such form a space for the signature of the city manager, the director of finance, the assistant director of finance, er--chief accountant, or supervising accountant, whichever the case may be, to evidence the fact that he has executed a release thereof. The director of finance shall keep such certificate on file as a part of the records of the finance department. Section 3. Publication shall be made in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. The ordinance takes effect on publication. Ord-Amend Sec 17-45-Finance.docx Page 2 Section 4. Severability. It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would not have been enacted by the City without the incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Ord-Amend Sec 17-45-Finance.docx Page 3 That the foregoing ordinance was read fort first time and passed to its second reading on this the day of 7 -7 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read fort second time and passed finally on this the day of -7 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Ord-Amend Sec 17-45-Finance.docx cv f� AGENDA MEMORANDUM OR ARSE Future Item for the City Council Meeting of January 21, 2014 Action Item for the City Council Meeting of January 28, 2014 DATE: December 26, 2013 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution supporting exportation of liquefied natural gas (LNG) from the Coastal Bend and supporting Cheniere Energy's federal permit applications for the Corpus Christi LNG Liquefaction Plant. CAPTION: Supporting the exportation of liquefied natural gas (LNG) from the Coastal Bend and supporting Cheniere Energy's permit application with the Federal Energy Regulatory Commission (FERC)and the Department of Energy (DOE) for the Corpus Christi LNG Liquefaction facility at the LaQuinta Channel. PURPOSE: The City of Corpus Christi City Council is being asked to express its support for expanding the exportation of LNG. In addition, the City through the resolution is expressing its support for the FERC and DOE permits currently under review by the respective agencies. BACKGROUND AND FINDINGS: Other local governments in the Coastal Bend that have approved resolutions of support, include Ingleside, Gregory, and Port Aransas. Only the Cities of Portland, which is expected to consider a resolution on January 21, 2014, and Corpus Christi have not adopted resolutions of support. Cheniere Energy, Inc. is a Houston-based energy company primarily engaged in LNG- related businesses. Cheniere initiated a project to develop an LNG terminal near Corpus Christi, Texas. The Corpus Christi LNG terminal is being designed and permitted for up to three modular LNG trains, with aggregate peak capacity of up to 15 million tonnes per annum (mtpa) and which would include three 160,000 m3 full containment storage tanks and two LNG carrier docks. Commencement of construction Page 1 of 4 for the Corpus Christi LNG terminal is subject, but not limited to, obtaining regulatory approvals, entering into long-term customer contracts sufficient to underpin financing of the project, entering into an engineering, procurement and construction contract, and Cheniere making a final investment decision. The approximately 1,000-acre site is located on the La Quinta Channel on the northeast side of Corpus Christi Bay in San Patricio County within the City of Corpus Christi's extra territorial jurisdiction. The Corpus Christi Liquefaction Project is expected to be constructed in phases, with each LNG train commencing operations approximately six to nine months after the previous train. Corpus Christi Liquefaction has initiated the Federal Energy Regulatory Commission's (FERC) review for the proposed natural gas liquefaction terminal including National Environmental Policy Act (NEPA) analysis. The FERC has the exclusive authority to approve or deny an application for the siting, construction, expansion, or operation of an LNG terminal per the Natural Gas Act. The FERC is the lead federal agency that will determine whether Corpus Christi Liquefaction will be issued an Order Granting Authority under Section 3 of the Natural Gas Act for the construction and operation of the Corpus Christi Liquefaction Project. The FERC will also monitor all construction and restoration activities to ensure that Corpus Christi Liquefaction complies with all federal, state, and local permits, plans, and regulations. Any issues that are identified during the public comment period are expected to be addressed prior to final environmental documents and approvals being issued. Upon FERC approval of the project, Corpus Christi Liquefaction will receive: 1. A Commission Order stating its decision on whether to approve construction and operation of the LNG terminal; and 2. Conditions that must be met prior to construction. Corpus Christi Liquefaction has also applied for the following environmental permits and clearances: 1. Section 401 water quality certificate from the Texas Commission on Environmental Quality; 2. Section 404 permit from the US Army Corps of Engineers for work in wetlands; 3. Coastal Zone Management consistency determination from the Texas Coastal Coordination Council; 4. Federal Endangered Species consultation with the US Fish and Wildlife Service; 5. State Endangered Species consultation with the Texas Parks and Wildlife Department; 6. Air Emissions Permit (Title V & PSD) from the Texas Commission on Environmental Quality; NOTE. Draft Air Permit already received by Cheniere. 7. Section 106 National Historic Preservation Act Clearance from the Texas Historical Commission; 8. Authorization to export from the Department of Energy. Some of the above permits or consultations have been received. Page 2 of 4 After Corpus Christi Liquefaction receives FERC approval for the Corpus Christi Liquefaction Project and has met all pre-construction conditions required by the FERC Order, FERC will authorize the commencement of construction. On December 4, 2013, Cheniere announced that it has entered into a liquefied natural gas sale and purchase agreement with PT Pertamina to purchase approximately 0.8 mtpa of LNG upon the commencement of operations from the LNG export facility. The agreement has a term of 20 years and an extension option of up to 20 years. Deliveries are expected to occur as early as 2018. Cheniere continues to pursue other sales and purchase agreements with additional potential customers. According to Source Watch, by 2012, 13 companies in the U.S. had filed applications with the Energy Department to export more than 17 billion cubic feet of natural gas per day, a number that increased to 15 in 2013. There is significant demand both in Asia and Europe and most LNG is traded using long-term contracts. A draft Environmental Impact Statement is anticipated to be issued early in 2014 with the potential for a public meeting after it is issued. The final permit could be issued by the summer and go before the FERC Commissioners for final approval by the fall 2014. The final investment decision to build the Corpus Christi Liquefaction facility is contingent on the completion of long-term contracts for the expected production volumes, the successful financing of the project and the completion of the permits listed above. This is expected by the end of 2014. ALTERNATIVES: The Council's options are: (1) adopt the resolution, (2) adopt the resolution with changes, (3) reject the resolution, or (4) take no action. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: N/A EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: Corpus Christi Regional Economic Development Council, Environmental Services, City Attorney, and Assistant City Manager for Business Support Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Project to Date Fiscal Year: 2014- Expenditures Future Year 2015 (CIP only) Current Year FY 14 TOTALS Line Item Budget Encumbered / Page 3 of 4 Expended Amount This item BALANCE Comments: None RECOMMENDATION: Staff recommends Council adopt the resolution. LIST OF SUPPORTING DOCUMENTS: 1. Resolution 2. Map of proposed-potential LNG facilities Page 4 of 4 RESOLUTION Supporting the exportation of liquefied natural gas from the Coastal Bend and supporting Cheniere Energy's permit application with the Federal Energy Regulatory Commission and the Department of Energy for the Corpus Christi LNG Liquefaction facility at the LaQuinta Channel. Whereas, plentiful natural gas supplies and unprecedented advances in technology provide a historic opportunity for the United States to achieve energy self-sufficiency while creating jobs and wealth for our economy; and Whereas, oil and gas exploration and production in the Coastal Bend in 2012 created $61 billion in economic impacts, supported 116,000 jobs, and generated more than $1 billion in local government revenue for the 20-county region of South Texas, according to the University of Texas—San Antonio's Institute for Economic Development; and Whereas, oil and gas development in the Coastal Bend is projected to generate $89 billion in economic activity and support 127,000 jobs for the 20-county region by 2022, according to the University of Texas-San Antonio's Institute for Economic Development; and Whereas, expanding exports of liquefied natural gas (LNG) is a key component to helping the United States realize its potential as a global energy leader while creating hundreds of thousands of jobs and strengthening the U.S. economy; and Whereas, Corpus Christi Liquefaction, LLC, a subsidiary of Cheniere Energy, is developing a liquefied natural gas (LNG) export terminal on the northeast side of Corpus Christi Bay on the LaQuinta Ship Channel in San Patricio County within the City of Corpus Christi's extraterritorial jurisdiction at one of Cheniere's existing sites that was previously permitted for a regasification terminal; and Whereas, Cheniere Energy plans to invest approximately $11 billion to construct a 2.1 billion cubic feet per day LNG liquefaction facility and is estimated to employ 3,000 workers on the site for five years during construction; and Whereas, the Corpus Christi Liquefaction facility will permanently employ over 200 people in the Coastal Bend, and operations over the long-term are projected by the Perryman Group to support approximately 2,100 local jobs and contribute $240 million in economic activity to the region each year; and Whereas, steady demand created by LNG exports from Corpus Christi Liquefaction would, according to the Perryman Group, support stable long-term investment, employment and royalty collection by the Texas oil and gas industry for over 25 years, creating $4 billion per year in economic activity, supporting over 45,000 jobs in the Texas oil and gas sector, and generating over $5 billion in cumulative tax benefits to the State of Texas; and Whereas, expanding markets for U.S. natural gas is consistent with U.S. trade and national security interests; and Page 1 of 3 Whereas, Cheniere signed a 20-year LNG sale and purchase agreement with Pertamina for 0.8 mtpa (90 mmcfd); and Whereas, Cheniere Energy designed the LNG terminal and pipeline to meet or exceed U.S. federal codes and standards; and Whereas, Cheniere was named by the Coastal Bend Bays Foundation as the Corporation of the Year in 2013 for making efforts to restore the Coastal Bend's marsh environment and coastline by working closely with the State of Texas and the U.S. Army Corps of Engineers to utilize dredging materials to restore Causeway Island and rock abatements to protect Shamrock Island, both essential rookeries. THEREFORE, BE IT RESOLVED THAT the City of Corpus Christi hereby expresses its support for exports of liquefied natural gas due to the positive economic impact those exports will have on the Coastal Bend area; and BE IT FURTHER RESOLVED THAT this resolution be forwarded to the Federal Energy Regulatory Commission and the Department of Energy to encourage those agencies to streamline and expedite permit approval of the Corpus Christi LNG Liquefaction facility so that the economic benefits of LNG exports can be realized throughout the region and the country. PASSED AND ADOPTED this day of , 2014. APPROVED this day of , 2014. This resolution takes effect upon City Council approval on this the day of January, 2014. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas Corpus Christi, Texas The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Page 2 of 3 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 3 of 3 North American LNG Import/Export Terminals Pr p sed to ti I Import Terminal PROPOSED TO FERC 1. Robbinston, ME: 0.5 Bcfd (Kestrel Energy - Downeast LNG) 2. Astoria, OR: 0.5 Bcfd (Oregon LNG) 3. Corpus Christi, TX: 0.4 Bcfd (Cheniere - Corpus Christi LNG) POTENTIAL U.S. SITES IDENTIFIED BY PROJECT SPONSORS 4. Offshore New York: 0.4 Bcfd (Liberty Natural - Port Ambrose) Export Terminal PROPOSED TO FERC 5. Freeport, TX: 1.8 Bcfd (Freeport LNG Dev/Freeport LNG Expansion/FLNG Liquefaction)* 6. Corpus Christi, TX: 2.1 Bcfd (Cheniere - Corpus Christi LNG)* 7. Coos Bay, OR: 0.9 Bcfd (Jordan Cove Energy Project)* 8. Lake Charles, LA: 2.4 Bcfd (Southern Union - Trunkline LNG) 9. Hackberry, LA: 1.7 Bcfd (Sempra - Cameron LNG)* 10. Cove Point, MD: 0.82 Bcfd (Dominion - Cove Point LNG)* 11. Astoria, OR: 1.25 Bcfd (Oregon LNG)* 12. Lavaca Bay, TX: 1.38 Bcfd (Excelerate Liquefaction) 13. Elba Island, GA: 0.35 Bcfd (Southern LNG Company) 14. Sabine Pass; LA: 1.3 Bcfd (Sabine Pass Liquefaction) 15. Lake Charles, LA: 1.07 Bcfd (Magnolia LNG) 16. Plaquemines Parish, LA: 1.07 Bcfd (CE FLNG) 17. Sabine Pass, TX: 2.1 Bcfd (ExxonMobil - Golden Pass) PROPOSED CANADIAN SITES IDENTIFIED BY PROJECT SPONSORS 18. IGtimat, BC: 0.7 Bcfd (Apache Canada Ltd.) 19. Douglas Island, BC: 0.25 Bcfd (BC LNG Export Cooperative) 20. IGtimat, BC: 3.23 Bcfd (LNG Canada) POTENTIAL U.S. SITES IDENTIFIED BY PROJECT SPONSORS 21. Brownsville, TX: 2.8 Bcfd (Gulf Coast LNG Export) 22. Pascagoula, MS: 1.5 Bcfd (Gulf LNG Liquefaction) 23. Cameron Parish, LA: 0.16 Bcfd (Waller LNG Services) 24. Ingleside, TX: 1.09 Bcfd (Pangea LNG (North America)) 25. Cameron Parish, LA: 0.20 Bcfd (Gasfin Development) 26. Cameron Parish, LA: 0.67 Bcfd (Venture Global) 27. Brownsville, TX: 3.2 Bcfd (Eos LNG & Barca LNG) 28. Gulf of Mexico: 3.22 Bcfd (Main Pass - Freeport-McMoRan) POTENTIAL CANADIAN SITES IDENTIFIED BY PROJECT SPONSORS 29. Goldboro, NS: 0.67 Bcfd (Pieridae Energy Canada) 30. Prince Rupert Island, BC: 4.2 Bcfd (BG Group) 31. Melford, NS: 1.8 Bcfd (H -Energy) 32. Prince Rupert Island, BC: 2.5 Bcfd (Pacific Northwest LNG) 33. Prince Rupert Island, BC: 3.8 Bcfd (ExxonMobil - Imperial) 34. Squamish, BC: 0.27 Bcfd (Woodfibre LNG Export) US Jurisdiction As of September 12, 2013 FERC rMARAD/USCG * Filed Certificate Application Office of Energy Projects d MaaP© a,EO AGENDA MEMORANDUM s� City Council Meeting of January 21, 2014 DATE: January 7, 2013 TO: Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, P.E., Director of Water Operations GustavoGo@cctexas.com (361) 826-1874 UPDATE TO CITY COUNCIL Utilities Strategic Plan STAFF PRESENTER(S): Name Title/Position Department 1. Brian Butscher Assistant Director Treatment Utilities 2. Mark Van Vleck Interim Assistance City Manager City Managers for Public Works & Utilities OUTSIDE PRESENTER(S): None BACKGROUND: Objectives and Timeline for the Utilities Department Strategic Plan LIST OF SUPPORTING DOCUMENTS: PowerPoint Corpus Christi Utilities Strategic Plan City Council Workshop January 21, 2014 Utilities Strategic Plan • Where do we need to be in 5 Years? • Where do we need to be in 30 years? • Will the current structure of the organization support these goals? • What are the rate impacts for the proposed improvements? Utilities Strategic Plan 1. Recruit, Retain, and Develop Adequate Workforce 2. Expand and Modernize Infrastructure 3. Optimize Operations 4. Ensure Supply of Water Far Exceeds Future Demand 5. Funding Utility O&M and Modernizations 1. Recruit, Retain and Develop of Adequate Workforce Utilities Strategic Plan 2, Expand & Modernize Infrastructure Best Water Utility in Texas 4, Ensure Supply of Water Far Exceeds Future Demand 5. Utility O&M and Modernization Funding Utilities Strategic Plan 4. Ensure Supply of Wats Far Exceeds Future Demand 1. Recruit, Retain and Develop of Adequate Workforce aalust mapNott ails: rtcd to meet iMia m€p nse exer1€tts44rcas 1Y&rati t& Optimize Operations Bmlshmuk Slsgdxrds 5. Utility 0&R and Modernization Funding Best Water Utility in Texas �q x� Gslk�fem Path Forward Jan Feb Mar Apr May 2014 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May 2015 Jun Aug Sep Oct Nov Dec Jan Feb Phase 1 • Develop an RFQ for Plan Creation • Phase 1: Organizational Structure and Governance • Phase 2: Strategic Initiatives and Schedule • Phase 3: Implementation d MaaP© a,EO AGENDA MEMORANDUM s� City Council Meeting of January 21, 2014 DATE: January 7, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Gustavo Gonzalez, P.E., Director of Water Operations GustavoGo@cctexas.com (361) 826-1874 UPDATE TO CITY COUNCIL Water Supply and WWTP Consolidation STAFF PRESENTER(S): Name Title/Position Department 1. Brian Butscher Assistant Director Treatment Utilities 2. Mark Van Vleck Interim Assistance City Manager City Managers for Public Works & Utilities OUTSIDE PRESENTER(S): None BACKGROUND: Update Council on Water Supply and Wastewater Treatment Plant Consolidation LIST OF SUPPORTING DOCUMENTS: PowerPoint aSSW Cite of Corpus Christi Corpus Christi Water Supply/Demand City Council Workshop January 21, 2014 City of Corpus Christi Overview • Water Supply & Regional Demand • Regional Wastewater Treatment Plant 1000 900 800 700 a) a) 600 ca N 500 z E 400 z 300 200 100 0 2000 2005 2010 2015 2020 2025 2030 2035 2040 2045 2050 2055 2060 Year Corpus Christi Regional Water Supply and Demand: Historic vs. Projected Safe Yield Proposed Supplies Actual Demand Projected Demand: TWDB Estimates Projected Demand: 1% Projected Pop. Growth on Current Demand Projected Demand: TWDB Estimate on Current Demand Average Annual Combined Reservoir Volume + Actual Use from Lake Texana MRP Phase 2 (35,000 ac -ft) and Broadway Reuse (4,400 ac -ft) Greenwood and Allison and Oso Reuse Projects (24,400 ac -ft total) Seawater Desal — 2 Phases (44,000 ac -ft total) • Increase in demand over next 6 years is primarily due to proposed or committed new industrial customers or expansions of current industries aSSW Cite of Corpus Christi Regional Wastewater Treatment Plant (WWTP) Concept Waste water Sesvic=e Areas b i Lift Sta mtamm 5 Project Schedule 1 2 7..FQ frLeggiill 3 _41arc DeJsnUTF :rdn-erare 3119E -e 5 DEsgi Mcdii (1:.i MCC., 6 =eritlirg lode 3 e 1 8 ri TrEnEfer 9 10'1rfer 10 Desgi Made i(1 MCC, 1L :eTitlirg %lode 2 12 crEin.c MAI e 2 13 _aarE riad'E—rasfff 14 olihc!p Threiar 15 Desgi E'er vcol IReccligtrtrftlie :1:8 16 ;ffiritlirg %ale 3- 17 amtruc MAI e !Pebi dG--eautnd 18 Etozn-v Traiffer flui Appiw 3)14 01 0 0 Z 0: 4 L:11 eg: 3315 3)16 3)17 3310 3)19 IO3:17:1 3:17f2 317:3 (IL 02 L3 04 01. 02 0: 04 01 02 C3 04 01 02 C3 04 01 OE C3 04 01 02 C3 0+ 01 02 C3 04 01 OE C3 01 01. 111.1*-1-ai M 4 11 24 ':E:E:@:EXENEXENEXE:@:' • Each would be connected via inflows, but operate as independent treatment units 6 cv f� FOR AN, AGENDA MEMORANDUM City Council Meeting of January 21, 2014 DATE: January 10, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of Municipal Information Systems MichaelAr@cctexas.com 826-3735 Enterprise Resource Planning (ERP) Project Status Presentation STAFF PRESENTER(S): Name Title/Position Department 1. Michael Armstrong Director of MIS Municipal Information Systems 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. 3. BACKGROUND : In April 2013 the City Council approved the purchase and implementation of Infor application software to replace the Peoplesoft software used by Finance Department, Human Resource Department, Budget Office, and Utility Billing. Since that time, progress has been made in implementing the Financials modules and the Human Resources modules will be starting in early 2014. LIST OF SUPPORTING DOCUMENTS: ERP Project Status Presentation ENTERPRISE RESOURCE PLANNING SYSTEM REPLACEMENT 01/21/2014 Finance Human Resources Management and Budget Municipal Information Systems PROJECT STATUS • On Time • On Budget • Financials Due - July 1, 2014 • Initiating HR and Payroll - due January 1, 2015 • Accounts Receivable, Cashiering and Utility Billing - Start July 1, 2014 ERP REPLACEMENT ✓Hire consultant ✓Analyze needs ✓Develop RFP ✓Issue RFP ✓Select Vendor (Infor) ✓Negotiate Contract ✓Begin Implementation - July 15, 2013 ERP MODULES Accounts Payable Bank Reconciliation Budgeting Cash Management • Cash Receipting Contract Management • Fixed Assets General Ledger • Human Resources Inventory Management • Misc. Billing and AR • Payroll Project and Grant Accounting Purchasing • Time and Attendance • Utility Billing - S3 Financial S3 Supply Chain • S3 Other • Business Productivity Platform • User Productivity Platform • Talent Management • PCI (3rd Party) - Cashiering MHC (3rd Party) - Forms - Sym pro - Treasury Management • HR Service Delivery (Onboarding) ION - Integration Platform - =Active • Training Facility - Active Technical Environment - Active • Core Financials - Training, Prototyping ,Testing • Supply Chain - Training, Prototyping • Contract Management - Training, Prototyping • Treasury Management - Configuration, Data conversion • Ion (integration) - Training • Interfaces - Development underway • Core HR - Schedule Development, Training • Payroll - Schedule Development • Document Designer - Configuration • Workflow - Training, Prioritization COST (INFOR / LAVVSON) • Implementation: $6.3 million Includes $750,000 contingency Includes $558,000 for backfill personnel • Annual operating: (After implementation): $989,000 • Net annual operating reduction: $611,000 System will be hosted by Infor in VA and OR Paid To Date: $1,820,000 CORPUS CHRISTI HIGH LEVEL TIMELINE AGENDA MEMORANDUM 1852 City Council Meeting of January 21, 2014 DATE: January 7, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager of Public Works and Utilities markvv@cctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Review and Discussion on the Shoreline Realignment Project and Options STAFF PRESENTER(S): Name Title/Position Department 1. Natasha Fudge, P. E. Acting Director Capital Programs OUTSIDE PRESENTER(S): Name Title/Position Organization BACKGROUND: Included is an update on the Shoreline Realignment Project for City Council review and discussion. LIST OF SUPPORTING DOCUMENTS: Presentation Corpus Chr sti Engineering Shoreline Realignment CRSKATA PARKS& RECREATION City of Corpus Christi aking Your City Great. Bond 2008 Council Presentation January 21, 2014 Shoreline Realignment Options Corpus Chr sti Engineering Baek-in p ling e Lxicrtes SHORELINE BOUL Shift the median to the west between the north bound and south bound lanes. There will still be two lanes in each direction. No left turns would be allowed from the private property. Increase the size of this median (due to AEP bank and vaults in the current median location) and move the single north bound lane to the east (water) side and combine it with the other NB lane. There will still be two lanes in each direction. This would require additional space from the park (12 ft or about 1/4 acre). Additionally, there would be no left turns allowed from or to Broadway & Born or any private driveways. • Option 1: Median shift and removal of back in parking. (add $320k) • Option 2: Median shift and keep both back in parking aisles. (add $54ok) 2 Shoreline Realignment Options Corpus Chr sti Engineering SHORELINE BOULEVARD 5' 11' 11' 11' OR 22' 11' 11' 5' Back-up slides Corpus Christi Engineering 4 Project Budget Corpus Christi Engineering FUNDS AVAILABLE: Bayfront Development Phase 3 G.O. Bond 2008 $ Bayfront Development Phase 1 C.O. Bond 2004 Reserves$ Storm Water CIP $ Water CIP... $ Wastewater CIP $ Gas CIP $ Total $ FUNDS REQUIRED: Shoreline Boulevard Construction $ Contingencies (10%) $ Engineer and Design Fees: Design (Hargreaves Associates)*... $ Engineer (HDR, Inc.)** $ Landscape Architect (Lauren Griffith) $ Urban Forestry (Burditt Consultants) $ Geotechnical Testing Services (Rock Engineering) $ Construction Materials Testing (Rock Engineering) $ Reimbursements $ 13,303,386 696,941 1,175,000 674,400 453,462 156,638 16,459,827 6,552,042 655,204 1,620,593 1,259,777 45,500 5,225 10,290 57,960 1,281,870 Total $ 11,488,460 Estimated Project Budget Balance $ *Original Agreement authorized by City Council on December 13, 201 **Original Agreement approved administratively on July 19, 2009 and No. 1 approved by City Council on May 18, 2012, M2010-115 4,971,366 1, M2011-292 Amendment RPS CHR_S = s PARKS& RECREATION 5