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HomeMy WebLinkAboutAgenda Packet City Council - 06/24/2014 Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com ply � xF Meeting Agenda - Final olltukllffl ""o City Council Tuesday,June 24, 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 Pastor Claude Axel, Mount Pilgrim Baptist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Eddie Houlihan, Assistant Director of Management& Budget . D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 14-00718 Proclamation declaring July 4, 2014 as, "July 4th Big Bang Celebration 2014" Proclamation declaring July 2014 as, "Parks and Recreation Month" Proclamation declaring The Summer of 2014 as, "2014 Bay Jammin' Concert and Cinema Series" 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. Corpus Christi Page 1 Printed on 611912014 City Council Meeting Agenda-Final June 24,2014 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOWANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: a. City Performance Report -Code Enforcement b. Other H. EXECUTIVE SESSION: (ITEM 2) 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. 2. 14-00711 Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session I. MINUTES: 3. 14-00719 Regular Meeting of June 17, 2014 Attachments: Minutes-June 17, 2014 J. BOARDS &COMMITTEE APPOINTMENTS: 4. 14-00720 Human Relations Commission Library Board Attachments: Board&Commission Appointments 6-24-14 Corpus Christi Page 2 Printed on 611912014 City Council Meeting Agenda-Final June 24,2014 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: (NONE) 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. M. PUBLIC HEARINGS: (ITEMS 5 -9) 5. 14-00615 Public Hearing and Resolution -Decommissioning of Parks as identified in the Parks, Recreation and Open Space Master Plan Resolution finding, upon public hearing, that certain parcels of real property owned by the City and designated as park lands have no feasible and prudent use as park lands and that all reasonable planning efforts have been made to minimize harm to the city's park lands as a result of the sale or disposal of the specified parcels. Attachments: Agenda Memo- Decomissioning Parks Resolution -Decommission Parks Parks Public Hearing List& map-Decommission Parks 5-9-14 Presentation- Decommissioning Parks 6. 14-00641 Public Hearing and First Reading Ordinance -Rezoning from the "RM-1" Multifamily 1 District and the "RM-3" Multifamily 3 District to "CG-2" General Commercial District, on property located at 5879 South Padre Island Drive Case No. 0514-03 Williams Airline Partners, Ltd. : A change of zoning from the "RM-1" Multifamily 1 District and the "RM-3" Multifamily 3 District to "CG-2" General Commercial District, resulting in a change to the Future Land Use Plan from medium density residential to commercial uses. The property is described as being an 8.74 tract of land out of a portion of Lot 1-11, Wilkey Addition Unit 2, located along the north side of Williams Drive approximately 630 feet west of Airline Road. Planning Commission and Staff Recommendation (May 21, 2014): Corpus Christi Page 3 Printed on 611912014 City Council Meeting Agenda-Final June 24,2014 Approval of the change of zoning from the "RM-1" Multifamily 1 District and the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Williams Airline Partners, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 8.74-acre tract of land out of a portion of Lot 1-11, Wilkey Addition Unit 2, from the "RM-1" Multifamily 1 District and "RM-3" Multifamily 3 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations, and providing for a repealer clause and publication. Attachments: Agenda Memo-Williams Airline Partners, Ltd Ordinance-Williams Airline Partners, Ltd Zoning Report-Williams Airline Partners, Ltd Aerial Overview Map-Williams Airline Partners, Ltd 7. 14-00661 Public Hearing and First Reading Ordinance -Rezoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District, on property located at 5038 and 5042 Concord Street and 5013 Monitor Street Case No. 0514-02 Roque Enriquez: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property is described as Lots 1, 2 and 42, Block 4, South Park Subdivision, located along South Padre Island Drive (SH 358) between Concord Street and Monitor Street. Planning Commission and Staff Recommendation (May 21, 2014): Approval of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Roque Enriquez and Dalia Enriquez ("Owners"), by changing the UDC Zoning Map in reference to Lots 1, 2 and 42, Block 4, South Park Subdivision, from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Roque Enriquez Ordinance- Roque Enriquez and Dalia Enriquez Zoning Report-Roque Enriquez Aerial Overview Map- Roque Enriquez Corpus Christi Page 4 Printed on 611912014 City Council Meeting Agenda-Final June 24,2014 8. 14-00662 Public Hearing and First Reading Ordinance -Rezoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit, on property located at 5517 Alameda Street Case No. 0514-01 Lutheran Properties, Inc.: A change of zoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit. The property to be rezoned is described as being Lots 3 and 4, Club House Place, located along the south side of South Alameda Street, between University Drive and Palmetto Street. Planning Commission and Staff Recommendation (May 7, 2014): Approval of the change of zoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit. Ordinance: Ordinance amending the Unified Development Code ("UDC') upon application by Lutheran Properties, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lots 3 and 4, Club House Place, from the "ON" Office District to the "ON/SP" Office District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Attachments: Agenda Memo- Lutheran Properties, Inc. Ordinance- Lutheran Properties, Inc. Zoning Report-Lutheran Properties, Inc. Aerial Overview Map- Lutheran Properties, Inc. 9. 14-00688 Public Hearing and First Reading Ordinance -Rezoning from "CG-2" General Commercial District to "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2, on property located at the northeast corner of Laguna Shores Road and Caribbean Drive Case No. 01213-01 Laguna Village, Inc.: A change of zoning from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2. The property to be rezoned is described as being a 3.0-acre tract of land out of all of Lot 1-A, the remaining portions of Lots 1, 2 and 3, and all of Lots 15, 16, 17, 18 and 19, Surfside Addition located on the northeast corner of Laguna Shores Road and Caribbean Drive. Planning Commission and Staff Recommendation (May 21, 2014): Corpus Christi Page 5 Printed on 611912014 City Council Meeting Agenda-Final June 24,2014 Approval of the change of zoning from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2. Ordinance: Ordinance amending the Unified Development Code ("UDC") upon application by Laguna Village, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 3.0-acre tract of land out of all of Lot 1-A, the remaining portions of Lots 1, 2 and 3, and all of Lots 15, 16, 17, 18 and 19, Surfside Addition, from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Attachments: Agenda Memo- Laguna village, Inc. Ordinance- Laguna village, Inc. Zoning Report-Laguna village, Inc. Aerial overview Map- Laguna village, Inc. N. REGULARAGENDA: (ITEMS 10 - 11) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 10. 14-00712 Appointment of City Attorney Motion confirming the City Manager's appointment of Miles K. Risley to serve as City Attorney effective August 25, 2014. Attachments: Agenda Memo-Appointment of City Attorney Resume- Miles K. Risley 11. 14-00503 Second Reading Ordinance - Lease agreement for North Bayfront Park kiosk (1st Reading 5113114) Ordinance authorizing the City Manager or designee to execute a five year term lease agreement with the Corpus Christi Convention & Visitors Bureau for the North Bayfront Park Kiosk, located on North Shoreline Blvd, near the intersection with Resaca Street; Lessee agrees to pay the City $200 on a monthly basis beginning May 1, 2014; terminating a 1998 lease agreement with the Corpus Christi Business Alliance, a predecessor entity for the Corpus Christi Convention & Visitors Bureau, for the Tex Mex Railroad Depot located on North Chaparral Street; Corpus Christi Page 6 Printed on 611912014 City Council Meeting Agenda-Final June 24,2014 appropriating $1,000 of anticipated rental income in the No. 4710 Visitors Facility Fund for the maintenance of the North Bayfront Park Kiosk; changing the FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenues and appropriations by $1,000 each. Attachments: Agenda Memo- North Bayfront Park Kiosk Ordinance- North Bayfront Park Kiosk lease Lease Agreement-CVB North Bayfront Park Kiosk O. FIRST READING ORDINANCES: (ITEMS 12 -18) 12. 14-00699 First Reading Ordinance -Accepting a grant for Internet Crimes Against Children Task Force program 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$7,981 to purchase equipment for the ICAC program within the Police Department; and appropriating the $7,981 in the No. 1061 Police Grants Fund. Attachments: Agenda memo- ICAC grant approp 06.24.2014 Grant Contract- 1450386 Corpus Christi Police Department 2014 Ordinance- ICAC grant 2nd 2014- Police 13. 14-00705 First Reading Ordinance -Appropriating miscellaneous funds for the purchase of equipment Ordinance appropriating $2,861.60 from donations and reimbursements received by the Police Department; and changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenue and expenditures in the General Fund No. 1020 by $2,861.60 each Attachments: Agenda memo- Miscellaneous deposits 06.24.2014 Ordinance- Donation Appropriation-2014-Police 14. 14-00644 First Reading Ordinance -Appropriating surcharge funds for golf course capital improvements Ordinance appropriating $107,994.50 from the Reserve Golf Course Development account inFund No. 4691 Golf Capital Reserve Fund for golf course improvements; and changing FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures by $107,994.50. Corpus Christi Page 7 Printed on 611912014 City Council Meeting Agenda-Final June 24,2014 Attachments: Agenda Memo-Golf Surcharge Appropriation Ordinance-Golf Course Appropriation-2014-Parks Attachment 1 - FCCG Capital Pre Oct2014 Attachment 2-4691 Fd Bal 15. 14-00706 First Reading Ordinance - Lease agreement with Coastal Bend Friends of Aquatics for Parker pool Ordinance authorizing the City Manager or designee to execute a lease agreement for the Parker Pool with the Coastal Bend Friends of Aquatics for a term of five years. Attachments: Agenda Memo- Parker Pool Lease Ordinance-Parker Pool Lease 2014- Parks(revised) Lease Agreement- Parker Pool signed 16. 14-00646 First Reading Ordinance - Reimbursement agreement for developer for the construction of a water arterial transmission and grid main line for Kitty Hawk Development, Ltd located south of South Staples Street, between Kitty Hawk Drive and County Road 41 Ordinance authorizing City Manager or Designee to execute a water arterial and grid main construction and reimbursement agreement ("Agreement") with Kitty Hawk Development, Ltd., ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $73,153.29 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the developer in accordance with the Agreement. Attachments: Agenda Memo-Waters Edge at Kitty Hawk Ordinance-Waters Edge at Kitty Hawk Aerial Overview Map-Waters Edge at Kitty Hawk Executed Agreement with Exhibits-Waters Edge at Kitty Hawk 17. 14-00640 First Reading Ordinance -Type A loan to Solid Rock Commercial Properties, Ltd. to extend Junior Beck Drive Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Solid Rock Commercial Properties, Ltd. ("Solid Rock") to provide an interest-free loan of up to $1,497,000 payable in 10 years, to expand Junior Beck Drive to Old Brownsville Road and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Solid Rock Business Incentive Agreement; and appropriating $1,497,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Solid Rock and changing the FY Corpus Christi Page 8 Printed on 611912014 City Council Meeting Agenda-Final June 24,2014 2013-2014 operating budget, adopted by Ordinance No. 029915, by increasing proposed expenditures by $1,497,000. Attachments: Agenda Memo-Ordinance-Solid Rock Ordinance-Solid Rock Performance Agreement-Solid Rock Business Support Agreement-Solid Rock 18. 14-00682 First Reading Ordinance - Ratifying lease assignment and approving amendment of lease agreement for additional office space at the airport Ordinance ratifying lease assignment to WDFG North America, LLC ("WDFG"), and authorizing the City Manager to execute a first amendment to the long-term lease agreement with WDFG to provide additional space for the operation of a news and gift concession at the Corpus Christi International Airport; providing for publication; providing for severance. Attachments: Agenda Memo-WDFG North America LLC Ordinance-WDFG Lease First Amendment.pdf First Amendment to Long Term Lease Agreement-WDFG Assignment and Assumption Agreement- Host-WDFG Assignment P. FUTURE CORPORATION MEETING: (ITEM 19) 19. 14-00714 Board of Directors Meeting of the Corpus Christi Community Improvement Corporation Board of Directors Meeting of the Corpus Christi Community Improvement Corporation Attachments: Agenda Memo for CCCIC Board Meeting 06-2014 CCCIC Board Meeting Agenda Minutes-August 27, 2013 Treasurers Report Resolution -Fiscal Year Change Q. FUTURE AGENDA ITEMS: (ITEMS 20 -24) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 20. 14-00589 Service agreement for used tire disposal Motion approving a service agreement with Santa Anita Reclamation Project LLC, Linn, Texas for Used Tire Disposal in accordance with Bid Invitation No. BI-0138-14, based on only bid for an estimated annual expenditure of$79,200.00, of which $26,400.00 is required for the Corpus Christi Page 9 Printed on 611912014 City Council Meeting Agenda-Final June 24,2014 remainder of FY 2013-2014. The term of the contract will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Maintenance Services and Solid Waste Departments in FY 2013-2014. Attachments: Agenda Memo- Used Tire Disposal Bid Tabulation- Used Tire Disposal Service Agreement- Used Tire Disposal 21. 14-00595 Purchase and installation of emergency equipment for police Tahoes Motion approving the purchase and installation of emergency equipment on fourteen (14) Police Tahoes from CAP Fleet Upfitters, Temple, Texas for a total amount of$126,539.42. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. Attachments: Agenda Memo- Emergency Equipment for Police Tahoes.pdf Price Sheet- Emergency Equipment for Police Tahoes.pdf 22. 14-00676 Interlocal agreements with area school districts for summer transportation Resolution authorizing the City Manager or designee to execute separate Interlocal Agreements with the Calallen Independent School District, the Corpus Christi Independent School District, and the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. Attachments: Agenda Memo-Summer 2014 IAs transportation Resolution - Summer 2014 IAs transportation Transportation IA CCISD.2014 Transportation IA.Calallen.2014 Transportation IA.FlourBluff.2014 23. 14-00636 Engineering design contract amendment no. 3 for Padre Island Water Supply Study Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to an Engineering Design Contract with Urban Engineering from Corpus Christi, Texas in the amount of $141,323, for a total re-stated fee of$738,539, for the Padre Island Water Supply Study for the extension of the 8-inch diameter gas line from the termination point of the Padre Island Water Supply project to Aquarius Street. Corpus Christi Page 10 Printed on 611912014 City Council Meeting Agenda-Final June 24,2014 Attachments: Agenda Memo- Padre Island Water Supply Study Project Budget- Padre Island Gas Line Extension Location Map- Padre Island Water Supply Study.pdf Amendment No. 3- Padre Island Water Supply Study.pdf Presentation- Padre Island Water Supply Study.pdf 24. 14-00674 Interlocal agreement with Downtown Management District for public outreach and coordination in downtown area Resolution authorizing the City Manager, or designee, to execute an Interlocal agreement with the Corpus Christi Downtown Management District (DMD) in the amount of$160,000 over a three year period to provide coordination and public outreach between the City and stakeholders involved in projects in the downtown area. Attachments: Agenda Memo-Contract w Downtown Management District for Construction OL Resolution -Contract w Downtown Management District.pdf Interlocal Agreement-Contract w Downtown Management District.pdf R. BRIEFINGS TO CITY COUNCIL: (NONE) The following items are for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. S. ADJOURNMENT Corpus Christi Page 11 Printed on 611912014 Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,June 17, 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. B. Invocation to be given by Deacon Jesse Hinojosa, Diocese of Corpus Christi. Deacon Jesse Hinojosa gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Fred Segundo, Director of Aviation. Director of Aviation Fred Segundo led 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. City Secretary Huerta announced that Council Member Leal has been granted a leave of absence. Charter Officers: City Manager Ron Olson, Interim City Attorney Barney L. Knight,and City Secretary Rebecca Huerta. Present: 7- Mayor Nelda Martinez,Council Member Colleen McIntyre,Council Member Lillian Riojas,Council Member Kelley Allen,Council Member Rudy Garza,Council Member David Loeb, and Council Member Chad Magill Absent: 2- Council Member Mark Scott, and Council Member Priscilla Leal E. Proclamations /Commendations 1. Swearing-in Ceremony of Newly Appointed Board, Commission and Committee members Mayor Martinez conducted the swearing-in ceremony for newly appointed board and committee members. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Corpus Christi Page 1 Printed on 611912014 City Council Meeting Minutes June 17,2014 Mayor Martinez deviated from the agenda and referred to City Manager's Comments. a. New Staff Appointments City Manager Olson announced the following new staff appointments:Alyssa Michelle Barrera, Business Liaison for the City Manager's Office; Belinda Merchado, Deputy Director of Municipal Information Systems; Carlos Gonzalez, Director of Facilities; Miles Risley, City Attorney;and Margie Rose, Deputy City Manager. b. Other 1) City Manager Olson presented the new City of Corpus Christi Organizational Chart.2)The next scheduled meetings to receive input on the City's new comprehensive plan, in conjunction with Plan CC,are scheduled in District 3 on Monday, June 23rd at SS Cyril and Methodius Catholic Church and in District 2 on Tuesday,June 24th at the Broadmoor Senior Center from 6:00 p.m. -8:00 p.m. The citywide forum is scheduled on Saturday,June 28th from 9:00 a.m. -1:00 p.m.at the American Bank Center.3)A hurricane preparedness event is scheduled for Wednesday,June 18th at 6:00 p.m.at the Del Mar Center for Economic Development at 3209 S. Staples.4)The City of Corpus Christi and Texas A&M University-Corpus Christi have provided an opportunity to give two scholarships to city employees entering the Master of Public Administration Program. There were a total of seven employees who applied for the scholarship and Mr. Olson announced that he had planned to hold a drawing at today's meeting to select the recipients. Mr. Olson announced that all seven applicants would be receiving scholarships.5) Mr. Olson announced that in 2012, he required that all new employees have a high school diploma and encouraged current employees to continue their education. Mr. Olson reported that 59 employees have obtained their GED. 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 deviated from the agenda and called for comments from the public. Susie Luna Saldana stated that she could not support future bond propositions until the work from the Bond 2008 proposition to build Fire Station No. 18 is fulfilled.Abel Alonzo congratulated City Manager Olson on the accomplishments of the City and Margie Rose for her appointment to Deputy City Manager. Mr.Alonzo also stated that he did not support the tactics used by the Corpus Christi Firefighters'Association regarding Fire Station No. 18. Brian Watson asked the Council to consider restoring the policy for collecting opossums from privately owned traps. Paul Sandifer spoke regarding the inconsistency of street repairs in the Flour Bluff area,especially Don Patricio Road. Corpus Christi Page 2 Printed on 611912014 City Council Meeting Minutes June 17,2014 I. MINUTES: 4. Regular Meeting of June 10, 2014 Mayor Martinez called for approval of the minutes. Council Member Magill made a motion to approve the minutes,seconded by Council Member Loeb and passed unanimously. Aye: 7- Mayor Martinez, Council Member McIntyre, Council Member Riojas, Council Member Allen, Council Member Garza, Council Member Loeb and Council Member Magill Absent: 2- Council Member Scott and Council Member Leal Abstained: 0 J. BOARDS &COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 5 -27) Approval of the Consent Agenda Mayor Martinez referred to the consent agenda. Susie Luna Saldana requested information on Item 5. Mayor Martinez announced that staff requested that Item 16 be pulled for individual consideration.The consent agenda was passed by one vote as follows: Aye: 7- Mayor Martinez, Council Member McIntyre, Council Member Riojas, Council Member Allen, Council Member Garza, Council Member Loeb and Council Member Magill Absent: 2- Council Member Scott and Council Member Leal Abstained: 0 5. Resolution for special Community Development Block Grant (CDBG) code enforcement activities Resolution of the City Council of the City of Corpus Christi accepting the determination that certain areas of the City are deteriorating areas and designating these areas for special code enforcement activities in Community Development Block Grant Program. Mayor Martinez referred to Item 5. Susie Luna Saldana expressed concern with targeting certain areas for special code enforcement activities. Director of Housing and Community Development Eddie Ortega stated that the United States Department of Housing and Community Development(HUD) requires that the City designate Community Development Block Grant(CDBG)areas for special code enforcement activities.This Resolution was passed on the Consent Agenda. Corpus Christi Page 3 Printed on 611912014 City Council Meeting Minutes June 17,2014 Enactment No: 030196 6. Interlocal Agreement for use of body cameras Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with Nueces County to allow the Police Department use of seventy-eight (78) body cameras acquired by the County as part of a grant for Violence Against Woman for a period of one year. This Resolution was passed on the Consent Agenda. Enactment No: 030197 7. Agreement renewal for art donation for Hans Suter Park Motion authorizing the City Manager, or designee, to execute an agreement with the South Texas Alliance of Indigenous People for the donation and acceptance of the bronze sculpture by David McGary commemorating the Native Americans in Corpus Christi to be placed at Hans Suter Park. This Motion was passed on the Consent Agenda. Enactment No: M2014-071 8. Resolution authorizing request to Texas General Land Office for continued financial assistance for beach cleaning and maintenance Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2014-2015 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. This Resolution was passed on the Consent Agenda. Enactment No: 030198 9. Advance funding agreement for Schanen Hike and Bike Trail from Yorktown Boulevard to Saratoga Boulevard (Bond 2008/2012) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for Schanen Hike and Bike Trail from Yorktown Boulevard to Saratoga Boulevard with the City's participation in the amount of$207,340. (Bond 2008/2012) This Resolution was passed on the Consent Agenda. Enactment No: 030199 Corpus Christi Page 4 Printed on 611912014 City Council Meeting Minutes June 17,2014 10. Amendment No. 1 to work plan and budget agreement to correspond with the City's revised fiscal year Motion authorizing the City Manager or designee to execute Amendment No. 1 to the FY 2014 work plan and budget agreement with the Nueces RiverAuthority in the amount of $16,666, for a total restated fee not to exceed $116,666 to provide water planning, protection, development, and data management services for the two additional months of the revised fiscal year. This Motion was passed on the Consent Agenda. Enactment No: M2014-072 11. Amendment No. 30 for the Runway 13-31 Extension/Displacement and Connecting Taxiway Motion authorizing the City Manager, or designee, to execute Amendment No. 30 with KSA Engineers, Inc. from Longview, Texas in the amount of$2,724,339.60 for a total restated fee of$6,665,109.71 for the Corpus Christi International Airport Runway 13-31 Extension/Displacement and Connecting Taxiway Project for construction administration phase and close out services. This Motion was passed on the Consent Agenda. Enactment No: M2014-073 12. Upgrade the existing software and hardware for the Multi User Flight Information Display System (MUFIDS) currently installed at Corpus Christi International Airport(CCIA) Motion authorizing the City Manager, or designee, to execute an agreement for the purchase of system upgrades for the current Multi User Flight Information Display System (MUFIDS) at Corpus Christi International Airport from INFAX, Duluth, Georgia for total amount of $138,348. This Motion was passed on the Consent Agenda. Enactment No: M2014-074 13. Supply agreement for sodium hypochlorite solution for use at wastewater treatment plants and pump station Motion approving a supply agreement with Brenntag Southwest, Inc., Houston, Texas for approximately 2,514,511 gallons of sodium hypochlorite solution in accordance with Bid Invitation No. BI-0151-14 based on lowest responsible bid for an estimated twelve month expenditure of$1,271,849.61 of which $423,949.87 is required for FY Corpus Christi Page 5 Printed on 611912014 City Council Meeting Minutes June 17,2014 2013-2014. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Utilities Operations Budget in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-075 14. Service agreement for Mary Rhodes Pipeline easement mowing Motion approving a service agreement with Diamond M Field Services, Schertz, Texas for Mary Rhodes Pipeline Easement Mowing in accordance with Bid Invitation No. BI-0115-14, based on only bid for an estimated annual expenditure of$125,600.00, of which $52,333.33 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve (12) months with options to extend for up to four (4) additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-076 15. Approving Contract for Microsoft License Renewal Motion authorizing the City Manager, or designee, to execute a contract with Software House International (DIR-SDD-2503) for $1,121,023.50. The purchase will be paid with three annual payments of$373,674.50 ($1,121,023.50 total). This Motion was passed on the Consent Agenda. Enactment No: M2014-077 17. Appointment of financial advisor for the funding of Mary Rhodes Pipeline, Phase 2 (Related Items 18 & 19) Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the issuance of "City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2014A and Series 201413" in an aggregate amount not to exceed $155,000,000. This Motion was passed on the Consent Agenda. Enactment No: M2014-078 18. Second Reading Ordinance - Fixed rate bonds for Mary Rhodes Pipeline, Phase 2 (Related Items 17 & 19)(1st Reading 6110114) Corpus Christi Page 6 Printed on 611912014 City Council Meeting Minutes June 17,2014 Ordinance authorizing the issuance of"City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2014A", in an amount, when combined with other City Utility System Revenue Obligations authorized on the date hereof, not to exceed $155,000,000; making provisions for the payment and security thereof by a junior and inferior lien on and pledge of the net revenues of the City's Utility System; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030201 19. Second Reading Ordinance -Variable rate bonds for Mary Rhodes Pipeline, Phase 2 (Related Items 17 & 18)(1st Reading 6110114) Ordinance authorizing the issuance of"City of Corpus Christi, Texas Utility System Variable Rate Junior Lien Revenue Improvement Bonds, Series 201413", when combined with other City Utility System Revenue Obligations authorized on the date hereof, not to exceed $155,000,000; making provisions for the payment and security thereof by a junior and inferior lien on and pledge of the net revenues of the City's Utility System; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030202 20. Second Reading Ordinance regarding the City of Corpus Christi's proposed FY2014-2015 Consolidated Annual Action Plan (1st Reading 6110114) Corpus Christi Page 7 Printed on 611912014 City Council Meeting Minutes June 17,2014 Ordinance to adopt the fiscal year(FY) 2014-2015 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2014-2015 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2014-2015 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2014-2015 CAAP with organizations for approved projects. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030203 21. Second Reading Ordinance -Appropriating state grant for the 2014 Parks and Recreation Summer Food Program (1st Reading 6110114) Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030204 22. Second Reading Ordinance -Closing a portion of a 10-foot wide easement located south of Glenoak Drive and west of Waldron Road. (1st Reading 6110114) Ordinance abandoning and vacating a portion of a 10-foot wide utility easement out of Lot 8, Section 50, Flour Bluff& Encinal Farm & Garden Tract, located south of the Glenoak Drive public right-of-way, and located west of the Waldron Road public right-of-way; and requiring the owner, Flour Bluff Independent School District, to comply with the specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030205 23. Second Reading Ordinance -Appropriating State reimbursement funds for purchase of cargo van (1st Reading 6110114) Ordinance authorizing the City Manager to appropriate $25,878.78 reimbursement received from the Texas State Library and Archives Corpus Christi Page 8 Printed on 611912014 City Council Meeting Minutes June 17,2014 Commission for participation in Project Loan into the Libraries Grant Fund No. 1068, Project No. 807714L, Miscellaneous Library Grants, for purchase of a cargo van for library services. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030206 24. Second Reading Ordinance -Appropriating royalties from the Estate of William T. Neyland for technology services (1st Reading 6/10/14) Ordinance authorizing the City Manager to appropriate $3,216.96 from royalties from oil, gas, and mineral interests bequeathed to the City from the Estate of William T. Neyland into the Libraries Grants Fund No. 1068, Project No. 807713L, Neyland Royalties, to be used for technology services. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030207 25. Second Reading Ordinance -Amending City Code to change the annual audit plan deadline (1st Reading 6/10/14) Ordinance amending Chapter 12 Y2 of the City Code of Ordinances regarding timeline for submission of annual audit plan. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030208 26. Second Reading Ordinance - Type A Grant for Texas A&M University Electrical Engineering of$1,000,000 (1st Reading 6/10/14) Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Texas A&M University - Corpus Christi to provide a grant of$1,000,000 to expand its undergraduate degrees in electrical engineering and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Texas A&M University - Corpus Christi Business Incentive Agreement; and appropriating $1,000,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Texas A&M University - Corpus Christi and changing the FY 2013-2014 operating budget, adopted by Ordinance No. 029915, by increasing proposed expenditures by $1,000,000. Corpus Christi Page 9 Printed on 611912014 City Council Meeting Minutes June 17,2014 This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030209 27. Second Reading Ordinance -Amending City Code of Ordinances regarding personal leave (1st Reading 6110114) Ordinance to amend Chapter 39 of the City Code of Ordinances, Personnel, regarding personal leave. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030210 16. Resolution regarding the City of Corpus Christi Water Management Plan 2015-2050 Resolution of the City of Corpus Christi, Texas regarding the City's Water Management Plan 2015-2050. Mayor Martinez referred to Item 16.Assistant City Manager Gus Gonzalez stated that staff requested that this item be pulled for discussion to make a revision to the supply and demand projects chart that was previously presented. There were no comments from the Council or the public.This Resolution was passed and approved with the following vote: Aye: 7- Mayor Martinez, Council Member McIntyre, Council Member Riojas, Council Member Allen, Council Member Garza, Council Member Loeb and Council Member Magill Absent: 2- Council Member Scott and Council Member Leal Abstained: 0 Enactment No: 030200 H. EXECUTIVE SESSION: (ITEMS 2 -3) Mayor Martinez deviated from the agenda and referred to the day's executive sessions.The Council went into executive session. 2. Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding Cause No. 2012-CCV-61942-4; Janice Henry vs. City of Corpus Christi, et al, for discussion and possible action in open session The Council returned from executive session. Mayor Martinez referred to Item 2 and stated that the following motion was discussed in executive session for Council consideration: Motion authorizing the settlement of Cause No.2012-CCV-61942-4,styled Janice Henry v. City of Corpus Christi; in the County Court at Law No. 4, Nueces County,Texas. Council Member McIntyre made a motion to approve the motion as presented, Corpus Christi Page 10 Printed on 611912014 City Council Meeting Minutes June 17,2014 seconded by Council Member Garza.This Motion was passed and approved with the following vote: Aye: 7- Mayor Martinez, Council Member McIntyre, Council Member Riojas, Council Member Allen, Council Member Garza, Council Member Loeb and Council Member Magill Absent: 2- Council Member Scott and Council Member Leal Abstained: 0 Enactment No: M2014-070 3. Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. This E-Session Item was discussed in executive session. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (NONE) P. FUTURE AGENDA ITEMS: (NONE) Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 28 -32) 28. Proposed Changes to Peddler Permit and Unlawful Solicitation Ordinance Mayor Martinez referred to Item 28. Police Chief Floyd Simpson stated that the purpose of this item is to present the proposed revisions to the peddler permit and unlawful solicitation ordinance. Chief Simpson provided an overview of the proposed changes including modifying the of day solicitation is allowed; clarifying the provision that soliciting is not allowed at premises with "No Soliciting"or"No Trespassing"signs; revisions to the permit application to require applicant to provide a complete criminal background record; exempting local youth organizations from the permitting process; repealing regulations regarding solicitation for charitable purposes; retaining aggressive panhandler provisions; requiring solicitors in the roadway to wear a safety vest;and prohibiting youth under the age of 16 from soliciting in the roadway. Council members spoke regarding the following topics:the restriction regarding time of day solicitation is allowed;consideration of not allowing solication eliminating Sundays and federal holidays;enforcement of"no soliciting"signs for a subdivision;criminal background check requirements including local, state and fingerprinting; requiring permits to be visible; defining local youth organizations and nonprofits; panhandling in the roadway; definition of the roadway; requiring the reflective vests;whether it is legal to ban panhandling in the right-of-way;whether the hours of solicitation also Corpus Christi Page 11 Printed on 611912014 City Council Meeting Minutes June 17,2014 cover roadside solicitation;aggressive panhandling;the legality of criminal trespass if a"no soliciting"sign is posted; enforcement;communicating changes to the public;the process for permitting organizations that do not have non-profit status;the requirement for wearing safety vests;outreach in the downtown area;and developing a pre-qualifying process for sports teams. 32. Bond 2012/ Bond 2014 Update Mayor Martinez deviated from the agenda and referred to Item 32. Executive Director of Public Works Dan Biles stated that the purpose of this item is to provide an update on Bond 2012 and 2014. Mr. Biles provided an update on Bond 2012 including the status of each project for Propositions 1 and 3-8 and the street and utility budget, updated costs and changes. Mr. Biles also presented the proposed street list,status and estimates for Bond 2014 for Propositions 1 and 2. Council members spoke regarding the following topics:supply and demand issues; increased budget costs for Bond 2012 projects;what the City is doing and what can be done to recruit labor or help expand existing contractors; the recommendation to hold off on the Twigg and Leopard projects until after the construction of the new Harbor Bridge and hold off on construction of Holly Road for federal funding and communicating this information to the public; bundling projects to realize cost savings;the utility change for the Navigation project;the timeline for the Harbor Bridge project; re-engaging discussion regarding traffic mitigation for the Best Buy shopping center; the importance of moving forward with the Ayers Street, Ennis Joslin,and Flato Road projects; the increase in bonding capacity, to$70 million,that can be issued without a tax increase, based on preliminary assessed values; concern that utilizing the increased bond capacity will affect Bond 2016; the matrix for projects on Bond 2014, Proposition 1; Bond 2014, Proposition 2 projects determined for safety, economic development and capacity improvements;consideration for projects on the Island to support Schlitterbahn and Encantada;a request to Finance to provide a report on what the bond capacity will be if the Council commits to $55 million in construction every two years, based on the debt the City already has outstanding and different assumptions as to what tax value increases will be including historical, no increase,and future possible increases over the two year committment period;the increase in property taxes if Bond 2014, Proposition 2 is passed; the timeline to complete the bond project list; Harbor Bridge Replacement Mitigation and Support Projects;the locations of the Traffic Signals and Lighting Improvements Project;and the Downtown Street Traffic Signal and Area Improvements project. Mayor Martinez called for a brief recess. 29. Repayment of Funds to the U.S. Department of Housing and Urban Development Mayor Martinez reconvened the Council meeting and referred to Item 29. Assistant City Manager Susan Thorpe stated that the purpose of this item is to provide a status on the LULAC Oasis at the Park project that was not completed. Ms. Thorpe stated that the City has received a demand letter from the U.S. Department of Housing and Urban Development(HUD)to reimburse funds to HUD. Ms.Thorpe explained that in 2008,the City provided HUD funds in the amount of$400,000 to LULAC for the purchase of land and the Corpus Christi Page 12 Printed on 611912014 City Council Meeting Minutes June 17,2014 completion of veterans apartments. LULAC purchased the lan,d but did not complete the project. Ms. Thorpe stated that the Corpus Christi Community Improvement Corporation (CCCIC)will have an item on the agenda to provide $250,000 to the HUD account for reimbursement of this project and the City is requesting that HUD deduct the remaining$150,000 from the City's future allotment. Ms.Thorpe added that the City is hoping to recover the funds from LULAC once the lawsuit is settled. Council members spoke regarding the following topics:the entity that holds the title to the purchased land;clarification that the parties involved are not LULAC Council#1 or LULAC Council#4444;and the timeline for discovery of this issue. 30. Street Preventative Maintenance Program Mayor Martinez referred to Item 30. Executive Director of Public Works Dan Biles stated that the purpose of this item is to provide an update on the Street Preventative Maintenance Program. Mr. Biles presented information including the status on the overlays;adjustments to delivery orders;the status on seal coats; and the total project budget. Council members spoke regarding the following topics: making the maps easily accessible on the website for citizens to see the value of the program;ways to improve the scope of work;the anticipated level of funding;adjustment to delivery orders; Don Patricio Street; questions whether projects will be postponed in October;and when the City crews will begin their phase. Mayor Martinez called for a brief recess to resolve audio/video technical issues. 31. Residential Reconstruction for Streets Mayor Martinez reconvened the Council meeting and referred to Item 31. Executive Director of Public Works Dan Biles stated that the purpose of this item is to provide an update on the Local Reconstruction Street Improvement Plan. Mr. Biles referred to a powerpoint presentation including the Council's directive from the City Council meeting of April 15,2014; the existing residential street needs; the long-term funding options;the funding plan to start the program in six months to a year; revisions on the assessment ordinance for a participation or cost-sharing plan;alternative state level funding sources; recommendations for attracting labor and contractors; development of a neighborhood improvement program;and the assessment criteria matrix scoring. Assistant Director of Management and Budget Eddie Houlihan presented a chart of current funding options. Council members spoke regarding the following topics: re-purposing existing add-on sales tax for economic development and the arena;street restrictions for a Type B fund; Paving Assessment Program;the projected property tax growth rate;the percentage of the$70 million bond capacity; the revenue from the industrial districts;the City's current fund balance;accelerating the budget discussions to include dialogue on the local reconstruction plan; the breakdown of cost-sharing plan between City and property owner;voluntary versus mandatory assessment;the criteria matrix ranking;concerns with scoring a neighborhood based on age; providing a scoring incentive for a neighborhood being proactive by processing a petition; removing media coverage as scoring device;and state funding sources. Corpus Christi Page 13 Printed on 611912014 City Council Meeting Minutes June 17,2014 R. ADJOURNMENT The meeting was adjourned at 6:08 p.m. Corpus Christi Page 14 Printed on 611912014 a. HUMAN RELATIONS COMMISSION — Seven (7) vacancies with terms to 6-14-15 and 6-14-17 representing the following categories: 4 — Regular and 3 — Youth. (Appointed by the Mayor with approval of the Council.) (The Chair of the Commission shall be designated by the Mayor.) DUTIES: To study problems of group relationships within the City, and to devise and recommend to the Mayor and City Council ways and means of discouraging and combating prejudice, intolerance, and bigotry in all groups in their relations with one another; to discover all practices and policies calculated to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust discrimination by or against any person or group. Recommendations may be presented to the Mayor and City Council directly by the Committee or it may instruct the Human Relations Administrator to present them to the City Manager. COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by the Mayor with approval of the Council to study problems of group relationships within the City; one who shall represent the selling of dwellings, one who shall represent the renting of dwellings and one member of the staff of the Legal Aid Society to serve continuously, and three (3) shall not be more than 20 years of age at time of appointment serving one-year terms. Eleven (11) members shall serve three-year terms. The chair of the commission shall be designated by the Mayor. The Chairperson of the Committee for Persons with Disabilities serving as an ex-officio voting member. ORIGINAL MEMBERS TERMS APPTD. DATES *****Rev. Derrick Reaves 6-14-14 7-11-06 *Merced Pena 6-14-14 2-11-14 Edna Arredondo 6-14-15 8-12-08 Toni Cole Davis (Rental Dwellings) 6-14-15 7-07-09 **Kathleen (Katy) Cooper, Chair, (6-14-14) 6-14-14 2-23-10 Elias Valverde 6-14-16 6-29-10 William "Mickey" Kramer, Jr. 6-14-15 6-19-12 *Joel S. Mumphord 6-14-14 8-14-12 Jaimee Contreras 6-14-16 1-22-13 ***Corey Elizondo (Youth) (MoodyHS) 6-14-14 1-22-13 Alice Aparicio-Bussey (Sells Dwellings) 6-14-16 6-11-13 Andres Eloy Rodriguez 6-14-16 2-11-14 ***Kyle James (Youth) (W.B. Ray HS) 6-14-14 6-11-13 ***Faith Meza(Youth) (Roy Miller HS) 6-14-14 6-11-13 David Ramos (CFPWD, Chair) Ex-officio (Voting) Carlos Aguinaga(Legal Aide Society) Continuous Lend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Merced Pena 3 2 67% Joel S. Mumphord 12 8 (3exc) 67% OTHER INDIVIDUALS EXPRESSING INTEREST Jessica Hamilton 425 Schatzell St., 78401 Digital City Editor, Corpus Christi Caller-Times. Received a Bachelor of Journalism from University of Texas. Community Activities include: Boys & Girls Club, Extreme Youth Leadership Camp and Caller-Times Volunteer Initiative. (4110114) Rene Saenz 6022 Sweet Gum St., 78415 Government and Economics Teacher, Corpus Christi Independent School District. Received B.A. in Government from University of Texas at Austin. Postgraduate work in Public Administration, Political Science and History. Community Activities include: Texas EX's Student Association and American Federation of Teachers Local #3456. (6/10/13) 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. Community Activities include: Various Fundraisers for USO, March of Dimes, Juvenile Diabetes and other Charities. (6104113) Saherish Surani 7613 Lake Bolsena Dr., 78413 Sophomore, Mary Carroll High School. Co- Founder of iConquer:Chews Wisely! Activities include: Mocktrial, Debate, Medical Society, Student 2 Student, and NHL (Youth) (5129114) Sophie R. Susser 3861 Ocean Dr., 78411 Junior, Ray High School. Activities include: Varsity Cheerleader, Theatre Arts, Mu Alpha Theta, Challenge Team, Academic Decathlon, Gymnast, Teach Hebrew and Sunday School. (Youth) (3/21/14) Hayden Sutherland 6334 Harwick Dr., 78417 Senior, Roy Miller High School. Activities include: National Honor Society, Vice-President of National Art Honor Society, Texas Association of Future Educators and YMCA's Youth and Government Program. (Youth) (2118114) Matt Teifke, Jr. 208 Circle Dr., 78411 Realtor, Garron Dean & Associates Realtors. Currently 3rd year student at Texas A&M University — Corpus Christi, with History Major, Social Work Minor. Community Activities include: Big Brothers/Big Sisters of South Texas. (4127112) b. LIBRARY BOARD — One (1) vacancy with term to 11-5-14 representing the following category: 1- member nominated by the La Retama Club. (Must be confirmed by a majority of City Council Members.) DUTIES: The committee shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. COMPOSITION: Nine (9) members, seven (7) members shall be appointed for two- year terms by the City Council, one (1) member shall be nominated by the La Retama Club, and one (1) shall be nominated by the Friends of the Corpus Christi Public Libraries Board for a term of two-years. Each nominee must be confirmed by a majority of City Council Members. ORIGINAL MEMBERS TERM APPTD. DATE Brian Solarek 11-05-15 11-12-13 Dr. Stuart Elovitz 11-05-14 2-10-09 Natalie Rogen, Friends of C.C. Libraries 11-05-14 2-10-09 John B. Keys 11-05-15 12-08-09 Julia Stafford 11-05-15 11-12-13 Margareta Fratila 11-05-15 11-12-13 ***Roberta Sewell, La Retama Club 11-05-14 7-17-12 Evelyn Sue Donahoe 11-05-14 12-11-12 Rachel E. Buck 11-05-15 9-24-13 Sue Stanford Honorary, non-voting 1-17-03 Lend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation (The La Retama Club is nominating Diana Broyles.) INDIVIDUAL EXPRESSING INTEREST Diana Broyles 426 Troy, 78412 Retired Elementary Teacher. Received a degree in Elementary Education from The University of Texas in Austin and Masters in Reading from Texas A&M University-Corpus Christi. Community Activities include: Junior League, La Retama Club, Corpus Christi Heritage Society, and Friends of Corpus Christi Public Libraries. (La Retama Nominee) (615114) AGENDA MEMORANDUM Future Item for the Council Meeting of June 10, 2014 Public Hearing and Action Item for the City Council Meeting of June 24, 2014 DATE: May 28, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mop_cctexas.com 361-826-3460 Decommissioning of Parks as Identified in the Parks, Recreation and Open Space Master Plan CAPTION: Resolution finding, upon public hearing, that certain parcels of real property owned by the City and designated as park lands have no feasible and prudent use as park lands and that all reasonable planning efforts have been made to minimize harm to the city's park lands as a result of the sale or disposal of the specified parcels. PURPOSE: To decommission 24 parks identified in the Parks and Recreation Master Plan (adopted October 9, 2012) for repurposing. BACKGROUND AND FINDINGS: The City of Corpus Christi has 207 park properties that are maintained by the Parks and Recreation Department. During the Parks, Recreation and Open Space Master Plan process conducted in 2011-2012, the Department's inability to maintain 207 parks was delineated. Additionally, it was recognized that many parks were in close proximity to another park property and thus some duplication of service was occurring. The Master Plan identified 27 parks that should be repurposed. Repurpose was defined as leased, transferred to another government entity or decommissioned and sold. To date two of the parks to be repurposed have been leased and are maintained by a community organization. Additionally, one will be used in the new Harbor Bridge alignment. Therefore, 24 are proposed for decommissioning as parks. State regulations requires a finding that there is no feasible and prudent alternative to the sale and all reasonable planning to minimize harm to the land from the sale has been made. ALTERNATIVES: Do not decommission parks. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: Fulfills repurposing recommendation in the City Council approved Parks, Recreation and Open Space Master Plan. 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): n/a Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Resolution List of Parks for Decommissioning Map of Parks to be Re-purposed from 2012 Master Plan Presentation Resolution Finding, upon public hearing, that certain parcels of real property owned by the City and designated as park lands have no feasible and prudent use as park lands and that all reasonable planning efforts have been made to minimize harm to the city's park lands as a result of the sale or disposal of the specified parcels WHEREAS, the City acquired and holds public park lands of such size and character as to make any use or development of the park lands impractical; and, WHEREAS, the City desires to sell or otherwise dispose of such park lands; and, WHEREAS, prior to the use or taking of park land for non-park purposes, Chapter 26 of the Texas Parks and Wildlife Code, requires the City Council to hold a public hearing to determine that there is no feasible and prudent alternative to the use or taking of these park lands; and, WHEREAS, reasonable measures will be taken to minimize harm to the park lands due to the proposed use and takings; and, WHEREAS, the required notices have been published in the Corpus Christi Caller- Times on June 2, 2014, June 9, 2001, and June 16, 2014, and a public hearing was held on June 24, 2014, on the proposed use of the designated City park lands, as required by Chapter 26 of the Texas Parks and Wildlife Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi, upon holding a public hearing and carefully considering any and all clearly enunciated local preferences, finds that the following tracts of real property, which were previously designated as parks, have no feasible and prudent alternative use as park land: 1. Cenizo Park (1.85 ac.) 13. Brandywine Park (2.75 ac.) 2. First Colony Park (10.06 ac.) 14. Congress Park (1.96 ac.) 3. San Carlos Park (2.00 ac.) 15. Creekway Park (0.89 ac.) 4. Violet Park (1.55 ac.) 16. Durant Park (2.70 ac.) 5. Willow Park (0.93 ac.) 17. Holly Park (3.44 ac.) 6. Country Estates Park (5.00 ac.) 18. Lexington Park (6.73 ac.) 7. Cabra Park (1.36 ac.) 19. Mt. Vernon Park (7.25 ac.) 8. Fountain Park (1.62 ac.) 20. Parklane Park (1.95 ac.) 9. Kosar Park (0.28 ac.) 21. Peary Park (1.00 ac.) 10. Breakwater Park (0.15 ac.) 22. Penn Place Park (1.67 ac.) 11. Lee Manor Park (1.31 ac.) 23. Ridgewood Park (5.04 ac.) 12. Acushnet Park (9.96 ac.) 24. Caribbean Park (1.00 ac.) SECTION 2. The City Council also finds that the proposed use or taking has included all reasonable planning efforts to minimize harm to land that may result from the use or taking. SECTION 3. The City Manager shall take necessary action to sell or otherwise dispose of the parcels listed in Section 1 of this resolution. SECTION 4. The City Council directs Staff to add a ballot proposition to the 2014 election ordinance for the sale of the parcels listed in Section 1. 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 PARKS PROPOSED FOR DECOMMISSIONING GIS Name of Park Address NCAD Acct No Acres Park Planning Date of Conveyance Area Rolling Ridge Trl.@ River 1 43 Cenizo Ridge Dr. 7265-0007-0000 1.85 1 June 28, 1983 2 72 First Colony 20 Lone Oak Dr. 2446-0004-0000 10.06 1 February 15, 1979 3 160 San Carlos 12650 Figueroa St. 2385-0390-0105 2.00 1 February 27, 1990 4 197 Violet 4301 Violet(FM 24) 4868-0001-0010 1.55 1 November 6, 1987 5 204 Willow 11418 Willowood Creek 9707-0000-0000 0.93 1 April 19, 1984 6 52 Country Estates 3414 Emory Drive 1933-0000-0000 5.00 1 7 29 Cabra 1323 W. Broadway 6403-0001-0040 1.36 2 February 5, 1988 8 75 Fountain 4938 Moody 8949-0002-1000 1.62 2 June 1, 1970 9 97 Kosar Kosar @ Staples Street 0232-0006-0010 0.28 2 April 14, 1937 10 19 Breakwater 2800 N.Shoreline No Acct. Number 0.15 4 December 8, 1910 11 105 Lee Manor 318 Palmetto 4325-0001-0000 1.31 4 September 17, 1962 12 2 Acushnet 6746 Aaron 1864-0001-0010 9.96 5 January 18, 1974 13 17 Brandywine 2601 Summer Ridge 0902-0000-0000 2.75 5 March 5, 1984 14 50 Congress 4017 Capitol 1724-0006-0030 1.96 5 July 20, 1973 15 53 Creekway 7306 Prairie 1968-0003-0010 0.89 5 April 21, 1982 16 67 Durant 6113 Durant 5338-0000-0020 2.70 5 July 9, 1986 3500-0002-0030 July 13, 1983 17 87 Holly 6451 Meadowvista 5037-0007-0180 3.44 5 March 4, 1980 0981-0004-000 April 19, 1972 18 106 Lexington 6721 Rhine 4413-0000-0010 6.73 5 March 15, 1966 19 124 Mt.Vernon 5151 McArdle 5427-0009-0001 7.25 5 July 13, 1956 6431-0006-0080 20 143 Parklane 4600 Arlene 4778-0005-0100 1.95 5 April 22, 1959 21 146 Peary 1750 Paul Jones @ Decatur 6528-0000-0400 1.00 5 October 2, 1962 22 148 Penn Place 4302 Aaron 6567-0001-0250 1.67 5 June 5, 1998 23 155 Ridgewood 5730 Malden 7223-0005-0030 5.04 5 April 4, 1974 24 33 Caribbean 601 Mediterranean 1258-0012-0320 1.00 6 May 6, 1976 72.45 � st� 1 p u ��f f r r , w a y�, �4a � oxrr APO s 9)y r'J� r d a r � I r , i p .. .. ...... 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O O O 0 O O O O to O N I� D O d) 6 Ln O Ln N O O O O O O O O O O O O O O O O m O N O m O W 0 D O O O W O O O O N O m O N O C, O O c-1 O N W W O r� `~ m r� cy W W r� m W O N to m O m W N N m I, N to N Ln V Ol n Ol m Ln O 0 n Ln Ln N N O Ln m Ln n , c-1 r1 Ln to :t to to N N W u m v v 0 O m @) c m T '> v c E p Lu OO m c Q v — o 0 I, l0 m Ln c-1 Ln O O N O O 0 O N Ln N Ln O Ln O m 0 l0 O m co � n Ln l0 I, m Ln O N � I, l0 l0 l0 Ln � N � Ln l0 V N O T C O V O O >i vii m p c N m p T v 3 cn v o_ 3 b O 7 O 0o V V D 2 a a a K V 0 m to W Ln N Ln Lmn to W O N Ln M ti ti ti ti ti ti m Ln to I, W Ol O N N m N N N N N N N N N N N N 4 u AIP, 7 I dui N � O O � �tj N +, c� 4-1 .+, ;I �-' Cf) o U X •�--+ U bO r-- o V V V u OR RNI 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of June 24, 2014 Second Reading Ordinance for the City Council Meeting of July 8, 2014 DATE: May 22, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from Multifamily to Commercial Williams Airline Partners, Ltd. Property Address: 5879 S. Padre Island Drive (SH 358) CAPTION: Case No. 0514-03 Williams Airline Partners, Ltd.: A change of zoning from the "RM-1" Multifamily 1 District and "RM-3" Multifamily 3 District to the "CG-2" General Commercial District, resulting in a change to the Future Land Use Plan from medium density residential to commercial uses. The property is described as an 8.74-acre tract of land out of a portion of Lot H1, Wilkey Addition Unit 2, located along the north side of Williams Drive approximately 630 feet west of Airline Road. PURPOSE: The purpose of this item is to rezone the property to allow commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (May 21, 2014): Approval of the change of zoning from the "RM-1" Multifamily 1 District and "RM-3" Multifamily 3 District to the "CG-2" General Commercial District BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM-1" Multifamily 1 District and "RM-3" Multifamily 3 District to the "CG-2" General Commercial District to allow commercial uses on the property. The proposed rezoning would allow uses such as retail, restaurants, hotels, shopping center and car wash uses. Although inconsistent with the Future Land Use Plan, a commercial use would be appropriate for this area and would be an expansion of the commercial zoning immediately to the north. The surrounding area currently is developed with uses that are compatible with commercial uses. The Future Land Use Plan calls for the subject property to be multifamily residential uses. It is unlikely that the multifamily zoning along Williams Drive will become multifamily in the future. An expansion of the commercial zoning district is reasonable because the subject property is directly adjacent to the commercial corridor on South Padre Island Drive (SH 358). The proposed rezoning is compatible with the current zoning and development patterns of the abutting properties to the north and northeast. The property to the west is a private school and church. The property to the south across Williams Drive is a single family residential neighborhood. The property to the east is an apartment complex. The proposed zoning would not be intrusive to those land uses. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is not consistent with the Future Land Use Plan, although the proposed rezoning is consistent with pertinent elements of the Comprehensive Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o 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: None LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by Williams Airline Partners, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to an 8.74-acre tract of land out of a portion of Lot H1, Wilkey Addition Unit 2, from the "RM-1" Multifamily 1 District and "RM-3" Multifamily 3 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Williams Airline Partners, Ltd ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 21, 2014, during a meeting of the Planning Commission, and on Tuesday, June 24, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Williams Airline Partners, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of an 8.74-acre tract of land out of a portion of Lot H1, Wilkey Addition Unit 2, located along the north side of Williams Drive approximately 630 feet west of Airline Road (the "Property"), from the "RM-1" Multifamily 1 District and "RM-3" Multifamily 3 District to the "CG-2" General Commercial District (Zoning Map No. 042035), as shown in Exhibit "A," and Exhibit "B." Exhibit A, which is a metes and bounds description of the Property and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , 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 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Page 2 of 2 0514-03 Ordinance,Williams Airline Partners,Ltd Job No. 41852.B4.04 �UIRSAN April 22,2014 ENGINEERING 8.74 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for an 8.74 acre tract of land, more or less, being a portion of Lot H I, Wilkey Addition Unit 2, a map of which is recorded in Volume 67, Pages 722-723, of the Map Records of Nueces County, Texas; said 8.74 acre tract being more fully described by metes and bounds as follows: Beginning, at a 5/8 inch iron rod with red plastic cap stamped "Urban ngr. C.C. TX"found,on the North boundary of Williams Drive,a public roadway,the South comer of Lot 12, Block B, Manor Terrace, a map of which is recorded in Volume 40, Page 187,of the said Map Records, for the West comer of the said Lot H I and this tract; Thence,North 29100'00"East, with the common boundary of the said Lot H I and the said Lot 12, 247.00 feet, to the West comer of Lot H2,of the said Wilkey Addition, for an outer ell comer of the said Lot H I and this tract; Thence, with the common boundary of the said Lot H2 and the said Lot H 1, as follows: • South 61*00'00"East,228.72 feet;, • North 29"00'00"East, 274.60 feet; • North 16'11'11" East, 70.90 feet; Thence, South 61100'00" East, 243.15 feet, for a comer of this tract; Thence, North 29*00'00"East, 60.73 feet, for a comer of this tract; Thence, South 6053'00" East,at 10.39 feet,pass the West comer of Lot E, Wilkey Addition Unit 2, a map of which is recorded in Volume 67,Pages 439-440, of the said Map Records, being a comer of the said Lot Hl, in all 228.20 feet, to the Northwest boundary of Lot D-3, Wilkey Addition Unit 2, a map of which is recorded in Volume 39, Page 41,of the said Map Records, the South comer of the said Lot E, for the East comer of this said Lot H I and this tract; Thence with the common boundary of the said Lot D-3 and the said Lot H I as follows: South 29"00'00" West, 333.11 feet; South 61110 1'00"East, 112.00 feet; South 29"00'00" West, 327.68 feet, to the said North boundary of Williams Drive, a West comer of the said Lot D-3, for the South comer of the said Lot H I and of this tract; .S 1Survclin&141852M404°OFFCCrXMFTFS AND BOUNDS%74acres,duc Page I oft (361)854•31W 2725 SWAN NER DR • CORPUS CHRMLTEXAS 78404 FAX(360854-600) www urbaner,Q,corn TBPE FIrm#1145 Exhibit A Page 1 of 2 Thence,North 61 001'00" West,with the North boundary of said Williams Drive,467.63 feet,to a corner of the said Lot H1 and this tract, for the point of curvature of a circular curve to the right, whose radius point bears North 28 159'00"East,252.49 feet, having a central angle of 11'25'l 6", a radius of 252.49 feet,a tangent length of 25.25 feet and an arc length of 50.33 feet; Thence, with the arc of the said circular curve to right, 50.33 feet, to a corner of the said Lot H l and this tract,for the beginning of a reverse curve to the left, whose radius point bears South 40°24'16" West, 252.49 feet,having a central angle of 11*25'l 6",a radius of 252.49 feet,a tangent length of 25.25 feet and an arc length of 50.33 feet; Thence, with the arc of the said reverse curve to the left, an arc length of 50.33 feet, for a comer of said Lot H1 and of this tract; Thence, North 61°01'00" West, with the North boundary of the said Williams Drive,the Southwest boundary of said Lot H 1, 228.72 feet, to the Point of Beginning, containing 8.74 acres (380,680 square feet)of land, more or less. Bearing are based on the record plat of Wilkey Addition Unit 2, Lots H I and H2,a map of which is recorded in Volume 67,Pages 722-723,Map Records ofNueces County, Texas. Unless this freldnole description, including preamble, seal and signature, appears in its entirety, in its original farm, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of the tract described herein. OF °t '6-00. F URBAN ElgGINEERING .a-•y NN.MMBiO•►NNeBB6BB0 LJ r •N ""N N•N•H®••••a �° , 'R.E w X n Iv !7H W.WOOLEY NN y r 9 Vi P••c� .P Keith W. oole '.S. 'kQ4wsu ��-� f 4, License No. 5463 ,E S',UurveyingW 18521B40MOFFICBMETES AND BOUNDW 74acres.doc page 2 oft Exhibit of e Ifl sir � � 40' N2WOO Oo E 247.00 mm � . . m _ _. - rn M $ E°;I ; ` I t . ©,'OL II 0 00 E 274.601',-.. . 30 . . „.. ......... . ........ . ....... .., ...... „. � a g III 1m .. �I� I <' _ ' N29 00'00-t a � I � , ' r l 60.73 I N 1OIf p N 4 c m I �4 w I� � III co o +.� s � � I i. �- . ° �1 59O 333.11 I d No Ij 29.00 OO 32 .68 a o N-c I rnrn S O n r„ I Q— j m N to Ap k 1 �� A N N O Qg 0 l,' ,I °L M C O IAO t#O IC/1 S 7i r IPi Q to W In 31 (} p p Z o g Booth s serest azqz O IM—:.0 � � �, ° e ref N a Id 0 4k- 5'�y 4k-con 8p .o Z a� a,ruiw. 0 0 oz o Exhibit B PLANNING COMMISSION FINAL REPORT Case No.: 0514-03 HTE No. 14-10000021 City Council Hearing Date: May 21, 2014 c Applicant/ Owner: Williams Airline Partners, Ltd. Legal Description/Location: An 8.74-acre tract of land out of a portion of Lot .� H1, Wilkey Addition Unit 2, located along the north side of Williams Drive CL J L approximately 630 feet west of Airline Road. CL 0 }, From: "RM-1" Multifamily 1 District and "RM-3" Multifamily 3 District To: "CG-2" General Commercial District 'o Cr Area. 8.74 acres N Q Purpose of Request: To allow for the development of a hotel site and future commercial uses. Existing Zoning Existing Land Use Future Land Use District "RM-1" Multifamily 1 & Medium Density Site "RM-3" Multifamily 3 Vacant Residential "CG-2" General North Commercial Commercial 'c ? Commercial ° Low Density Low Density South "RS-6" Single-Family 6 Residential Residential J "ON" Office & "RM-1" Medium Density Office and Medium n East Multifamily 1 Residential Density Residential w "CG-2" General West Commercial & "RS-6" Commercial and Commercial and Single-Family 6 Public/Semi-Public Public/Semi-Public Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density cCL c residential uses. The proposed change of zoning to the "CG-2" General Commercial District is not consistent with the adopted Future Land Use Plan, a o which slates the property for medium density residential uses. Q Map No.: 042035 Zoning Violations: None Transportation and Circulation: The subject property has access to Williams o Drive, which is a proposed "C3" Primary Collector street. The subject property is adjacent to a private drive with access to South Padre Island Drive (SH 358). L ° Q L Case#0514-03 Williams Airline Partners, Ltd. Page 4 Urban Proposed Existing Traffic Street Transportation Plan Volume Type Section Section (2009) L O C d Williams "C3" Primary 75' ROW 86' ROW Drive Collector 50' paved 26' paved 8 580 ADT Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RM-1" Mulitfamily 1 District and "RM-3" Multifamily 3 District to the "CG-2" General Commercial District to allow for the development of a hotel site and future commercial uses. Development Plan: The applicant is proposing to use a portion of the property adjacent to a hotel, known as Tract A on the attached site plan, for the development of a new hotel. The developer does not have specific plans for the remainder of the site. It is the applicant's intent to have commercial tenants, such as a retail center and/or restaurant. Per the Unified Development Code (UDC), the applicant will require a Type A buffer yard consisting of a 10-foot-wide buffer yard and 5 buffer points along the east property line adjacent to the "RM-1" District. Also, a Type C buffer yard consisting of a 15-foot- wide buffer yard and 15 points will be required along the property line to the west adjacent to the "RS-6" District. Existing Land Uses & Zoning: North of the subject property are several restaurants facing the frontage road to South Padre Island Drive (SH 358) zoned "CG-2" General Commercial District. Northwest of the subject property is a hotel under construction in a "CG-2" General Commercial District. West of the subject property is Our Lady of Perpetual Help — a church and private Catholic school for students in Pre-Kindergarten through 8t" grade. South of the subject property, across Williams Drive, is a neighborhood with single-family detached houses. East of the subject property is an apartment complex zoned for "ON" Office District and "RM-1" Multifamily 1 District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is within the boundaries of the Southside ADP and the proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for medium density residential uses. Although inconsistent with the Future Land Use Plan, the proposed rezoning is consistent with pertinent elements of the Comprehensive Plan. Case#0504-03 Williams Airline Partners, Ltd Page 3 Department Comments: • Buffer requirements and screening would be used to minimize the nuisance between commercial uses and the adjacent properties not zoned for commercial. • The proposed rezoning is compatible with the development patterns of the abutting properties to the north along South Padre Island Drive (SH 358). • Access to the subject property includes a driveway between South Padre Island Drive (SH 358) access road and Williams Drive. The shared driveway provides access for vehicles from both South Padre Island Drive and Williams Drive to the restaurants, hotel under construction and proposed development for the subject property. • Williams Drive, between South Staples Street and Airline Road, is identified as a C-3 collector in the Master Transportation Plan and slated for a future expansion under the 2012 Bond program. Plans call for a widening of the two-lane, two-way collector road to a four-lane road with improved ADA access, sidewalks, curb and gutter. • The proposed rezoning could have a negative impact on the neighborhood to the south. Although, Williams Drive will provide a four-lane street buffer between the low-density residential and the requested commercial zoning, the Comprehensive Plan calls for Neighborhood Commercial zoning — a less intensive and more compatible commercial zoning district— along Williams and Holly drives which serve as collector streets for neighborhoods. The property to the north is developed commercial property with restaurants and a hotel. The property to the east includes an apartment complex on property zoned "ON" Office and "RM-1" Multifamily 1 residential. • The requested change in zoning is inconsistent with the Future Land Use Plan; although, a commercial use serving the adjacent neighborhood would be appropriate for this area and would be an expansion of the zoning immediately to north and northwest. • The future land use plan calls for the subject property, as well as the property to the East, to have RM-1" Multifamily 1 District uses. An expansion of the commercial zoning is reasonable when directly adjacent to the existing commercial corridor on South Padre Island Drive (SH 358). Planning Commission and Staff Recommendation (May 21, 2014):: Approval of the change of zoning from "RM-1" Multifamily 1 and "RM-3" Multifamily 3 to the "CG-2" General Commercial District. K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0514-03 Williams Airline Partners, Ltd\Council Documents\0514-03 Report for CC,Williams Airline Partners, Ltd.docx Case#0514-03 Williams Airline Partners, Ltd. Page 4 Number of Notices Mailed — 30 within 200-foot notification area; 4 outside notification area 0 As of May 22, 2014: In Favor — 0 inside notification area; 0 outside notification area a 0 In Opposition — 0 inside notification area; 0 outside notification area For 0.00% in opposition. Attachments: Location Map (Existing Zoning & Notice Area) Case#0504-03 Williams Airline Partners, Ltd Page 5 F G- $ JET 'S.6 CG P PERTY R 24 ""Q..,2 "F,^ f 4�T 14 "r " 7 8 r' ON ✓ ," ` , N.1 W o "mow CASE: O514-03 @#WpWWAmWRR1�W'R�p1aPWbma$AWWwFC4$ ZONING & NOTICE AREA RW,•1 kMCptltlWdWNFYiPN•y 11 tlAw LWgIM14 Wm4MArW9a4WU ""'"* .. 9Y7•dI 2 W MIN Amy 3� PUD F941 rd Wmum it7"Cvwww ��� R�w, •` yy C,R Pk bWMwW1�ro1NW#CMtld&mr R5..1 d8 $1rug IR FPmMy 10 RMA T'"Nit—INY dT RS.4 SamgoWF—ly E. 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"'"..., 'L,fty w yr f "lam•✓"T"• cur" f mmuWu nor' 1r.„n mmuu m � ., A�AF'� / F µ '�Ri g� "m;wev Rawm nrw /1M1i.4'a mavr TWA/ i ,� WPaWV,rYM•M mm"mwwmnm"WWm"mm K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0514-03 Williams Airline Partners, Ltdl\Council Documents\0514-03 Report for CC,Williams Airline Partners, Ltd.docx z� w.r urn' u pan �I I i r i �..� ell r, � O I II � it `V r x� w.� N u 0 q V E _0 N y a e 2 O .� (a 11 o cn Vl cn 41 N N 3 J i I IIIIIIIIIIIIIIIII ` W / e" �� 4 m O cc �� CC u pan n g, 9 Tract Tract C W o"o D V � 00 I � O •— V Q 0 N 41 U U (6 C: ++ ++ C: `1 VI 0 X N C • / H Q t H fC N +- D +� AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of June 24, 2014 Second Reading Ordinance for the City Council Meeting of July 8, 2014 DATE: June 2, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from Multifamily to Commercial By Roque Enriquez Property Address: 5038 and 5042 Concord Street and 5013 Monitor Street CAPTION: Case No. 0514-02 Roque Enriquez: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property is described as Lots 1, 2 and 42, Block 4, South Park Subdivision, located along South Padre Island Drive (SH 358) between Concord Street and Monitor Street. PURPOSE: The purpose of this item is to rezone the property to allow expansion of an existing car sales lot. RECOMMENDATION: Planning Commission and Staff Recommendation (May 21, 2014): Approval of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District to allow the expansion of an existing car sales lot. The proposed rezoning would allow uses such as offices, retail sales, restaurants, vehicle sales and service, multifamily developments, overnight accommodation and indoor recreation uses. The property to be rezoned is suitable for the proposed uses. The proposed rezoning would be an expansion of the commercial uses to the south, east and west. The proposed rezoning is consistent with the Comprehensive Plan and the Future Land Use Plan's designation of the property for commercial uses. The proposed rezoning is compatible with the current zoning and development patterns of the abutting properties and properties south across South Padre Island Drive (SH 358). The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for commercial uses. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning conforms to the Future Land Use Plan and is consistent with the Comprehensive Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o 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: None LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by Roque Enriquez and Dalia Enriquez ("Owners"), by changing the UDC Zoning Map in reference to Lots 1, 2 and 42, Block 4, South Park Subdivision, from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Roque Enriquez and Dalia Enriquez ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 21, 2014, during a meeting of the Planning Commission, and on Tuesday, June 24, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Roque Enriquez and Dalia Enriquez ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 1, 2 and 42, Block 4, South Park Subdivision (the "Property"), from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District (Zoning Map No. 045037), as shown in Exhibit "A." Exhibit A, which is a map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , 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 , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Page 2 of 2 0514-02 Ordinance,Roque Enriquez ti M n ti N !A� A. M M a e 5 7 = O RS - 6 7 Q a N O� M N 0 C N- 1 M M SUBJECT N 0 R M- 1 M `' ^ PROPERTY N ° y C N­°1 M " N " B�FR� C N-..1 SP/97- 1`1 M RM'- 1�'sr O N SP/91 - 16 CG- 2 N ti s,,q FR rO yw " `rV M M q � o � oRFjs�h y� s3s8 RMa S'0gp O OpR. B RF js�hp ti N q N .y N ry " M � N � tiN N CG- 2 "" a `4 Mry 2 M M M •7 ~c M m Date-Created:51512014 ti 0 wOOp` RIS -V 400 800 Q� Preparell -jeremym Feet Department of Development Services N B CASE: 0514-02 SUBJECT PROPERTY WITH ZONING Subject Property cap cFq RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial ys%^ SUBJEC RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ""'�, PROP-ER-T-Y ON Professional Office RS-10 Single-Family 10 III �cq RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 0<</- CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial .? RS-TH Townhouse sq q CG-2 General Commercial R4T 0� SP Special Permit N oe CI Intensive Commercial 4 CBD Downtown Commercial RV Recreational Vehicle Park RMH Manufactured Home W, E CR-3 Resort Commercial FR Farm Rural City Of H Historic Overlay --_ S CO US BP Business Park LOCATION MAP Christi Exhibit "A" PLANNING COMMISSION FINAL REPORT Case No.: 0514-02 HTE No. 14-10000018 Planning Commission Hearing Date: May 21, 2014 a Applicant: Roque Enriquez o Owners: Roque Enriquez and Dalia Enriquez 6 am a Legal Description/Location: The property is described as Lots 1, 2 and 42, E� 5 Block 4, South Park Subdivision, located along South Padre Island Drive Q°a 6 (SH 358) between Concord Street and Monitor Street. }, From: "RM-1" Multifamily 1 District To: "CG-2" General Commercial District 'o Cr Area. 0.5565 acres N Q Purpose of Request: To rezone the property to allow commercial uses. Existing Zoning Existing Land Use Future Land Use District Site "RM-1" Multifamily 1 Low Density Commercial c� Residential North "RS-6" Single-Family 6 Low Density Low Density 'c ? Residential Residential N "CG-2" General South Commercial Commercial Commercial "CG-2" General n East Commercial Commercial Commercial w Low Density West "RM-1" Multifamily 1 and Residential and Commercial ON/SP Commercial Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP) and is planned for commercial cCL c uses. The proposed change of zoning to the "CG-2" General Commercial District ' is consistent with the adopted Future Land Use Plan. a o Map No.: 045037 Q > Zoning Violations: Two sign violations, the most recent being in 2010. Subject property is currently in compliance. c Transportation and Circulation: The subject property currently has 140 feet of ' frontage on South Padre Island Drive (SH 358), which is an "F1" c Freeway/Expressway, with access on the frontage road. The rezoning will CL expand the frontage on South Padre Island Drive (SH 358) to 240 feet. The c� property also has frontage on Monitor Street and Concord Street, which are local streets. Case#0514-02 Roque Enriquez Page 2 Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume O Type South 250' ROW I- 4.0 Padre "F1" 400' ROW 230' paved (2011) Island Drive Freeway/Expressway w/median 5,088 ADT (SH 358) Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District to allow expansion of an existing car sales lot. Development Plan: The applicant is proposing to use the property for expansion of an existing car lot. The applicant plans to clear the existing buildings and pave all the property. The parking lots will require paving and other site requirements, such as landscaping, curbs and screening. A buffer yard will be required between the commercial district and single-family district to the north. Existing Land Uses & Zoning: The subject property currently has single-family homes and is zoned "RM-1" Multifamily 1 District. North of the subject property are single- family homes in the "RS-6" Single-Family 6 District. South of the subject property is South Padre Island Drive (SH 358). West of the subject property is a hair salon along South Padre Island Drive (SH 358) zoned "ON/SP" Office District with a Special Permit for the retail sales of hair care products and a single-family neighborhood zoned "RM-1" Single-Family 1 District. To the east of the subject property is a car dealership zoned "CG-2" General Commercial District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is in the Southeast Area Development Plan (ADP) and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for commercial uses. Case#0514-02 Roque Enriquez Page 3 Department Comments: • The proposed rezoning is compatible with the current zoning and development patterns of the abutting properties and is an expansion of the commercial uses to the east, west and south. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed development. • The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for commercial uses. • The Unified Development Code (UDC) requires a buffer yard between commercial and single-family districts; therefore, many design features will be implemented to reduce negative impacts the expansion. • Access to Concord Street, which is a residential street, will be prohibited. Planning Commission and Staff Recommendation: (May 21, 2014) Approval of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-2" General Commercial District. Number of Notices Mailed — 29 within 200-foot notification area; 5 outside notification area 0 As of June 2, 2014: In Favor — 0 inside notification area; 0 outside notification area a 0 In Opposition — 0 inside notification area; 0 outside notification area For 0.0% in opposition. Attachments: Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\Legistar\2014 CC Agenda Items\6-24-2014\0514-02 Roque Enriquez\CC Report 0514-02 Roque Enriquez.docx ti q q M n ti N A. e M 5 7 0 M q M Q RS - 6 " M N N � C N=4- o M 24 ^ M SUBJECT N R M- 1 �7 s 20 10 PROPERTY a y CN 1 " 6' X18 27 M N 1 1 M N �Y'3S8�F 5 M 8 p - 21, C N- 1 25 z 19, 3 ° 12 F<•pyrb M IS�P197- 11 '13 ? 2a RM- 1F'sr N O N 23 N v 26C G - 2 2s 9 � Q FRrO 22 , 11 'h!ItiY 15 N 16/ �v M 3S 6 M s,,q p e:RMp 0 4 M q RF js�h 3 SBR�� � N N .y " M N N CG- 2 "" q J4 Mry 2 M M M *"Al •7 ~c M q Date-Created:51512014 ` ti 0 wOOp �`� - 400 800 Q� Prepared,l. y:jeremym Feet Department of Development Services N 7 B CASE: 0514-02 ZONING & NOTICE AREA ti o"a N9c� 9 O� RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial co cF RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay �EiyR vp� ON Professional Office RS-10 Single-Family 10SOip 4 RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 � SUBJECT CN-2 Neighborhood Commercial RS-TF Two-Family PROPER-T-Y CR-1 Resort Commercial RS-15 Single-Family 15 0�? �ououuo �`4'QO CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial 5 RS-TH Townhouse CG-2 General Commercial Sp Special Permit � yo_ CI Intensive Commercial RV Recreational Vehicle Park <<V CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial 014" � p4 FR Farm Rural N 4TO� q� H Historic Overlay 4e<La SSA BP Business Park W, E /sy � ❑® Subject Property Owners S City of with 200'buffer O in favor --_ Corpus 4 Owners within 200'listed on X Owners LOCATION MAP ChrrStl attached ownership table /�in opposition „,....0 �. �i �ai m+�'��+llr � � , ��� 1 � y ����� ��; i � � �^ "�, lid � ,�%/ �� Ki, if r �� J -, � "� i' ��� �'. ��' � �i �,�” r €� �� A� � `� r �t r �W,-0X� ^ � t �p // ^ � // � � � � �, � � �, � � � �� , »y� /, �q,p,� �� � � � �4`° ,� ,y� �l v i � � �I^ 1w,� � , t , �� �� � � � � ' '� 5 �� , � �� r �' � � �� ! � � �r w�ry f �� i t /yi di �� 'a � �r ura �'� �' �� � � i' � �'r" �/'�� � ' ^� � �J/ I � �/� P i i e� �� Y w FYI m !y �1(� � w �, � � �� " w \� ^ . . /� � �\ > AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of June 24, 2014 Second Reading Ordinance for the City Council Meeting of July 8, 2014 DATE: May 19, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from Professional Office to Professional Office with a Special Permit by Lutheran Properties, Inc. Property Address: 5517 Alameda Street CAPTION: Case No. 0514-01 Lutheran Properties, Inc.: A change of zoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit. The property to be rezoned is described as being Lots 3 and 4, Club House Place, located along the south side of South Alameda Street, between University Drive and Palmetto Street. PURPOSE: The purpose of this item is to eliminate the property's nonconforming status and to allow expansion of the existing use. RECOMMENDATION: Planning Commission and Staff Recommendation (May 7, 2014): Approval of the change of zoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit to eliminate the property's nonconforming status and to allow expansion of the existing use. The use is a temporary shelter for children and is classified as a social service use. A rezoning that maintains the "ON" Office District and grants a Special Permit will be consistent with the adopted Future Land Use Plan, which slates the property for professional office uses, since the "base" zoning district will not be modified. The Zoning map amendment will be consistent with the Comprehensive Plan. The property to be rezoned is suitable for the use permitted by the Special Permit. The rezoning does not have a negative impact upon the surrounding neighborhood and the Special Permit will not require any special conditions. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan. The proposed rezoning using the base district with a Special Permit is consistent with the Future Land Use Plan and the Comprehensive Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o 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: None LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC") upon application by Lutheran Properties, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lots 3 and 4, Club House Place, from the "ON" Office District to the "ON/SP" Office District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application by Lutheran Properties, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 7, 2014, during a meeting of the Planning Commission, and on Tuesday, June 24, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Lutheran Properties, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 3 and 4, Club House Place (the "Property"), located along the south side of South Alameda Street, between University Drive and Palmetto Street, from the "ON" Office District to the "ON/SP" Office District with a Special Permit (Zoning Map Nos. 041037 and 041036), as shown in Exhibit "A." Exhibit A, which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the following conditions: 1. Uses: The only use authorized by the Owner under this Special Permit is for the continued Social Service use of a children's shelter. 2. Time Limit: This Special Permit shall expire one year from the date of this ordinance unless the property is being used as outlined in Condition 1. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan; the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , 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 , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 0514-01 Ordinance, Lutheran Properties, Inc. Page 2 of 3 N ry M M 2 t QA� N S� R MFOq.Sr J M ry ti o M N N RM- 3 2 N �� �O ry �� M N N � 7 7 0 , SUBJECT PROPERTY RS-10 Date Created:412312014 0 400 800 Prepared By:LARRYF Feet Department of Development Services CASE: 0514-01 SUBJECT PROPERTY WITH ZONING SUBJECT ® Subject 2°� PROPERTY Property RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial 44b� RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay qGq ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family cps%°qb CR-1 Resort Commercial RS-15 Single-Family 15 RF�s CR-2 Resort Commercial RE Residential Estate 4'9Nb CG-1 General Commercial bR RS-TH Townhouse CG-2 General Commercial SP Special Permit N �"Po'a"„ CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial = = RMH Manufactured Home CR-3 Resort Commercial E "4^ � FR Farm Rural •S ," City Of H Historic Overlay """m""""" COrpUS BP Business Park LOCATION MAP °°""�"""gy Christi Exhibit A PLANNING COMMISSION FINAL REPORT Case No.: 0514-01 HTE No. 14-10000015 Planning Commission Hearing Date: May 7, 2014 a Applicant/Owner: Lutheran Properties, Inc. o Representative: Paul Hernandez, C.E.O. BokenKamp ORR. a) a Legal Description/Location: Lots 3 and 4, Club House Place, located along E� 5 the south side of South Alameda Street, between University Drive and Palmetto Q°a o Street From: "ON" Office District To: "ON/SP" Office District with a Special Permit 'o Cr Area. 4.64 acres N Q Purpose of Request: To eliminate the property's nonconforming status and to allow expansion of the existing use. Existing Zoning Existing Land Use Future Land Use District Public/Semi-Public Site "ON" Office District and Professional Professional Office Office .E "RS-10" Single-Family Low Density Low Density c M North N 10 Residential Residential � c South "RS-10" Single-Family Park/Oso Municipal Park/ Oso Municipal 10 Golf Course Golf Course •R Medium Density Lu East "ON" Office District Residential Professional Office West "RM-3" Multifamily 3 Medium Density Medium Density Residential Residential Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP) and is planned for Professional cCL c Office uses. The proposed change of zoning to the "ON/SP" Office District with a Special Permit is consistent with the adopted Future Land Use Plan in that the a c base zoning district will not change. Q Map No.: 041037, 041036 Zoning Violations: None Transportation and Circulation: The subject property has access to South Alameda Street, which is an "A2" Secondary Arterial street. c� L O Q L Case#0514-01 Lutheran Properties, Inc. Page 2 Urban Traffic Proposed Existing Street Transportation Section Section Volume O Plan Type (2012) 95' ROW Q South 100' ROW 60' paved I- Alameda A2 Secondary 54' paved with center 10,318 ADT Cn Street Arterial with median turn Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit to eliminate the property's nonconforming status and to allow expansion of the existing use. The use is a temporary shelter for children and is classified as a social service use. Development Plan: Lutheran Social Services of the South established Bokencamp Children's Shelter in Corpus Christi in 1995. Bokenkamp Children's Shelter provides short term dormitory-style living, bilingual educational opportunities, computer instruction, outdoor recreation, crafts and hobbies, spiritual care and legal resources to unaccompanied children from Central and South America. The children range in age from infants to teens. Since 1995, expansion of the use in 2006 for a church and dormitories was conforming in the "ON" Office district. Although a children's shelter is less intense than other social services such as, homeless shelters, drug treatment centers and post incarceration facilities, the Unified Development Code in 2011 made Bokencamp Children's Shelter a nonconforming use. The UDC Use Table allows social service uses by right in the "IL" Light Industrial District. The plan by Lutheran Social Services is to expand the use by adding a building for office space. The expansion will require the use to come into compliance with the UDC, either through a rezoning or Special Permit. Staff would not recommend an "IL" District in this area. Existing Land Uses & Zoning: The subject property is in the "ON" Office District and has administration offices, meeting and instructional rooms, a church and two dormitories for an existing social service use. North of the subject property and across South Alameda Street is a residential neighborhood in the "RS-10" Single-Family 10 District. South of the subject property is a public golf course, also zoned "RS-10" Single-Family 10 District. West and east of the subject property are apartments zoned "RM-3" Multifamily 3 District and "ON" Office District respectively. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted into two lots. Case#0514-01 Lutheran Properties, Inc. Page 3 Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is in the Southeast Area Development Plan (ADP). To allow the social service use by right, the appropriate rezoning request would be for an industrial use. Existing industrial uses in the Southeast ADP should be permitted to continue and allowed limited expansion and should not be expanded more than shown in the Future Land Use Plan (Land Use Policy Statement B.5). A rezoning using the base district with a Special Permit will be consistent with the adopted Future Land Use Plan, which slates the property for professional office uses. Department Comments: • The Zoning map amendment will be consistent with the Comprehensive Plan. • The property to be rezoned is suitable for the use permitted by the Special Permit. • The Zoning Map amendment does not have a negative impact upon the surrounding neighborhood and the Special Permit will not require any special conditions. Planning Commission and Staff Recommendation (May 7, 2014): Approval of the change of zoning from the "ON" Office District to the "ON/SP" Office District with a Special Permit subject to the following conditions: 1. Uses: The only use authorized by the Owner under this Special Permit is for the continued Social Service use of a children's shelter. 2. Time Limit: This Special Permit shall expire one year from the date of this ordinance unless the property is being used as outlined in Condition 1. Number of Notices Mailed — 12 within 200-foot notification area; 4 outside notification area 0 As of May 21, 2014: In Favor — 0 inside notification area; 0 outside notification area a 0 In Opposition — 0 inside notification area; 0 outside notification area For 0.0% in opposition. Attachments: Location Map (Existing Zoning & Notice Area) Site Plan K:\DevelopmentSvcs\SHARED\Legistar\2014 CC Agenda Items\6-24-2014\Lutheran Properties, Inc\0514-01 CC Report for Lutheran Properties, Inc..docx a h M ti !0 ti oI ti M � R N M � e IS - 10 s o 0 "1�!Q, *40, 9 N J M N 3 — o 0 M 5 N N RM- 3 10 2 � N �O N ��v M s N � a a 11 > N h 8 SUBJECT PROPERTY Date Created:412312014 0 400 800 Prepared By:LARRYF Feet Department of Development Services CASE: 0514-01 ZONING & NOTICE AREA �Fq SUBJECT RM-1 Multifamily 1 IL Light Industrial 2�.p PROPERTY RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 �cqR CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 <F CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit � rO4o CI Intensive Commercial RV Recreational Vehicle Park RF�s CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural N H Historic Overlay BP Business Park / Subject Property Owners S City' �„�� y of with 200'buffer O in favor """ Corpus 4 Owners within 200'listed on v Owners LOCATION MAP Chr1St1 attached ownership table /�in oppositiomm�n P�I � � � j a ������R ,'� � {r, is r, ��� r � Gi � � .r, /�� , �' ' �% i �i ,gig,. i ��� i P i I II 01 � �'��'� `��j/i�� � �� �..�� r!f i �' flii��/ iii " it �'; ' �l'�% ;� �` ��, ,�M� i„��li��� a � i % u f ��'��� '' ' ' �%i% �! 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I bQ I ��«Gera, ,� 1 Ca'� �„� ���F� �� ilai; �' „� I � � �/�, � >�4 �� ,� +� , �� �a���, y�4 r ,� i � :�Jf �� �..+ � �j ���,.13g �� ��dj� �� �?�W � r ,�� � � �,,a '� � � � �'°a �'� ” � ,U,, ��,. �„ i M �� � i� � � '��}�A� G" V � I)II� ��W� �i ����al!l;��i��� � ��� r ' r !� � �N � ty l� � s i "1 ��' J err,�,,f� `��/ / f f, o � ;a� �., AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of June 24, 2014 Second Reading Ordinance for the City Council Meeting of July 8, 2014 DATE: June 6, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from: "CG-2" General Commercial District to "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2, on property located at the northeast corner of Laguna Shores Road and Caribbean Drive. CAPTION: Case No. 01213-01 Laguna Village, Inc.: A change of zoning from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2. The property to be rezoned is described as being a 3.0-acre tract of land out of all of Lot 1-A, the remaining portions of Lots 1, 2 and 3, and all of Lots 15, 16, 17, 18 and 19, Surfside Addition located on the northeast corner of Laguna Shores Road and Caribbean Drive. PURPOSE: The purpose of this item is to allow a 40-unit single-family Planned Unit Development. RECOMMENDATION: Planning Commission and Staff Recommendation (May 21, 2014): Approval of the change of zoning from the "CG-2" General Commercial District to the "CR- 2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning to allow for development of a Planned Unit Development with 40 single-family residential units. The property is located at the corner of Laguna Shores Road and Caribbean Drive. The gated community will have access to a private street from Caribbean Drive and exit out to Laguna Shores Road. The residential use would be an acceptable use as an expansion of single-family uses located south of the property. This PUD utilizes decreased lot sizes, lot widths, front yard setback, sidewalk width, and street width, while maintaining the required building height and building separation. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan. The proposed rezoning is consistent with the Future Land Use Plan and the Comprehensive Plan and the Flour Bluff ADP encourages residential development. The platting requirements will involve improvements to storm water systems and street dedications. The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o 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: None LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Overview Map K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\6-24-2014\LACUNA VILLAGE,INC\1213-01 AGENDA MEMO,LAGUNA VILLAGE,INC..DOCX Ordinance amending the Unified Development Code ("UDC") upon application by Laguna Village, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 3.0-acre tract of land out of all of Lot 1- A, the remaining portions of Lots 1, 2 and 3, and all of Lots 15, 16, 17, 18 and 19, Surfside Addition, from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application by Laguna Village, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 21, 2014, during a meeting of the Planning Commission, and on Tuesday, June 24, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Laguna Village, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 3.0-acre tract of land out of all of Lot 1-A, the remaining portions of Lots 1, 2 and 3, and all of Lots 15, 167 177 18 and 19, Surfside Addition (the "Property"), located on the northeast corner of Laguna Shores Road and Caribbean Drive, from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2 (Zoning Map No. 035028), as shown in Exhibits "A" and "B." Exhibit A, which is a location map pertaining to the Property, and Exhibit B, which is a Master Site Plan, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following nine conditions: 1. Master Site Plan: The Owner shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 40 residential units and common area amenities and shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 13.33 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property shall not exceed 35 feet. 4. Parking: The property must have a minimum of four parking spaces per lot totaling 160 parking spaces for the development. Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback along Laguna Shores Road shall be 20 feet. Minimum 10-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum width for a residential lot shall be 30 feet. Minimum building separation between each residential unit shall be 10 feet with a five-foot wide side yard for each lot. A four-foot encroachment into the side yard of the staircase and landing will be allowed. Construction must comply with adopted City Building Code. 6. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The property shall provide a one-way private street with a paved width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane/No Parking." The driveway onto Laguna Shores Road shall be for egress only. 8. Pedestrian Access: A minimum five-foot wide sidewalk shall be constructed along the north side of the property as shown on the Master Site Plan. 9. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. 1213-01 Ordinance, Laguna Village, Inc Page 2 of 3 SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , 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 , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 1213-01 Ordinance, Laguna Village, Inc Page 3 of 3 M ti " RN 7 ry H h lq�Fq o o H O V Q M 4 M SUBJECT O QM CG-2 n PROPERTY CN=1 n Q� N TRACT 1 N �C17 Ar N O T R S 6 n RACT,2 CG(-2 PUP Q O " q N N a N ~ cgRjeeF , N '° qNry 'O " R RS-6 N N M N b � Q H N � O N 4 H ry OM a o J CG-2 � ti ti M M ti e ti ti M O " Date Created:51812014 0 n " 400 800 Prepared By:JEREMYM Feet Department of Development Services Q H CASE: 1213-01 Cayo Del Oso Oy'S/OWN.c4TR'c'OOR SUBJECT PROPERTY WITH ZONING ® Subject gR�ee�4NOR m Property SUBJECT RM-1 Multifamily 1 IL Light Industrial R PROPERTY RM-2 Multifamily 2 IH Heavy Industrial PO RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 �O CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 v� CN-2 Neighborhood Commercial RS-TF Two-Family �P CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial g RE Residential Estate CG-1 General Commercial �c RS-TH Townhouse CG-2 General Commercial SP Special Permit N CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial G p RMH Manufactured Home W CR-3 Resort Commercial FR Farm Rural S, City of H Historic Overlay �\ U BP Business Park LChristi O S OCATION MAP Exhibit A g g x w a z ti = s0 Pzo=QOQ z w UP o o o ot o o" = a -o 0 o 0 o o A A =oo=oo- ° o A o o w p "Mwe C7 aop�p=ppQ° d o o o = s - oo- s s o o o - Q - - _ o - _ it o o z o _ _ i s o ° _ o o zu o o - � - - l� o o U w - - ��� 3 - - 3p Cry c Z 3 O o p ao 30 3 3 'o o - 3 m�0,�, u z ____ o - °�i - - - _ e 30 30°= - - - - - - - 0000 ¢Z �r3�O - - - - - w 3 a _ a 3 0 - o - _ _ - W. �z., h -oo-o o o "_ �s U s z _ J �o-sai m 8o mm >.Por Q i z aaob ^w ( ise r w a —J-- o oo &� 11 ���\ Ja/ ;i � ✓�� � �"/^ / z " > aFa i ` uzh Pu o y J o I rr �i" zooms e / 3 n 00 oouu moo ---_L- LL Exhibit "B" PLANNING COMMISSION FINAL REPORT Case No.: 1213-01 HTE No.: 13-10000038 Planning Commission Hearing Date: May 21, 2014 Applicant/Owner/Representative: Laguna Village, Inc. Legal Description/Location: 3.0-acre tract of land out of all of Lot 1-A, 0 .a the remaining portions of Lots 1, 2 and 3, and all of Lots 15, 16, 17, 18 and a J U 19, Surfside Addition. The subject property is located on the northeast Q°a Q corner of Laguna Shores Road and Caribbean Drive. Tract 1: From: "CG-2" General Commercial District To "CR-2/PUD" Resort Commercial District with a Planned Unit y Development Overlay Q Tract 2: Cr Q From: "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay To "CR-2/PUD" Resort Commercial District with a Planned Unit .o Development Overlay N Area: 3.0 acres Purpose of Request: To allow a 40-unit single-family Planned Unit Development that deviates from typical "RS-4.5" Single-Family 4.5 District development standards. Existing Zoning Existing Land Use Future Land District Use "CG-2" General Commercial Site and "CG-2/PUD" Vacant Commercial c� General Commercial a� y with PUD Overlay •� y "CG-2" Commercial/ Low 0 North General Commercial Density Residential Commercial "CG-211 Commercial/Low }, J General Commercial Vacant & Low y South and "RS-6" Single- Density Residential Density Residential W Family 6 East "RS-6" Single-Family 6 Vacant Commercial "CN-1" West Neighborhood Commercial Commercial Commercial Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Development Plan and is proposed for cL c residential uses. The proposed rezoning to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay is consistent a c with the adopted Future Land Use Plan, which slates the property for acommercial uses. Map No.: 035028 Zoning Violations: None c Transportation and Circulation: The subject property has approximately CL.0 184 feet of frontage along Laguna Shores Road, which is designated as a "P1" Parkway, and has approximately 743 feet of frontage along Caribbean Drive, which is designated as a "Cl" Residential Collector street. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume O Type Laguna Parkway 80' ROW 70' ROW Not L Shores Road 40' paved 22' paved Available Cn Caribbean Minor Collector 60' ROW 55' ROW Not Drive 40' paved 22' paved Available Staff Summary: Requested Zoning: Requested Zoning: The applicant is requesting a rezoning from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2 for a 40-unit single-family development. Using a PUD would commit the developer to a site plan that could not be changed significantly without public hearing. Development Plan: The proposed Planned Unit Development (PUD) will consist of 40 single-family units on a 3.0-acre site resulting in a density of 13.33 dwelling units per acre. The lots will have a minimum area of 2,323 square feet and a minimum width of 30 feet. Each lot will have direct access to a private one-way street with a minimum width of 24 feet and a 5-foot sidewalk on one side. Each unit will be provided four parking spaces (2 stacked) for each lot. The development will maintain a minimum of 30% open space (for entire 3.0 acres). The development will be a gated community with common open space providing access to a marina and a sidewalk that leads to Laguna Shores Road. The following table is a comparison of the proposed PUD development standards and the Unified Development Code (UDC) standards for the "RS-4.5" Residential District. The table states all necessary deviations from the UDC. Minimum Dimensions "RS-4.5"District Standards Proposed PUD Deviation Lot Area 4,500 SF 2,323 SF Yes Density 9.68 13.33 Yes Dwelling Lot Width 45 ft. 30 ft. Yes Front Yard 20 ft. 10 ft. Yes Side Yard 5 ft. 5 ft. No Rear Yard 5 ft. 5 ft. No Building Separation 10 ft. 10 ft. No Open Space 30% 37.42% No Maximum Height 35 ft. Not to exceed 35 ft. No Paved Street Width 28 ft. 24 ft. Yes Curb Type 6-in. curb &gutter No curb Yes Parking Requirement 2.0/lot 4/lot 160 total No 4-foot on both sides or 6-foot 5-foot sidewalk on Sidewalks on one side of private street one side of private Yes street Existing Land Uses & Zoning: The subject property, zoned "CG-2" General Commercial District and "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay, contains 3.0 acres of vacant land. North of the subject property, there are two developed properties in a "CG-2" General Commercial District. One property is a bar and the other is a residential use. South of the subject property is a residential neighborhood zoned "RS-6" Single-Family 6 District. East of the subject property is the Cayo de Oso. West of the subject property, zoned "CN-1" Neighborhood Commercial District, is developed with a Stripes convenience store. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The majority of the property is currently platted and will be replatted in accordance with the Master Development Plan. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. A residential use would be an acceptable use as an expansion of single-family uses located south of the property. The Comprehensive Plan and Flour Bluff ADP both encourage residential development. The PUD meets the following polices of the Comprehensive Plan: • Platting requirements will involve improvements to storm water systems and street dedications. The street dedications along with Access Management techniques will improve traffic movements at this intersection, which will encourage public access to the Cayo de Oso (Policy Statement B.11). • The Planned Unit Development at this intersection will encourage future Capital Improvement Projects in this area as per Transportation Plan statements in the Flour Bluff ADP. One improvement will be developing Laguna Shores Road into a parkway with an 8-foot hike and bike lane on the east side of the parkway that will tie-in to the PUD entrance (Policy Statement C.5). • The open space requirement will buffer development and drainage to the Cayo de Oso, as well as, providing a bird and wildlife lookout, a policy statement of the Flour ADP (Policy Statement B.11). • The PUD will provide a sanitary sewer tie-in to the City's main that supports an infrastructure policy for properties with a high water table near the Cayo de Oso, thus protecting the sensitive wetland environments and water quality from septic systems (Policy Statement D.6). Department Comments: • The proposed rezoning is consistent with the Future Land Use Plan and the Comprehensive Plan. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes, lot widths, front yard setback, sidewalk width, and street width, while maintaining the required building height and building separation. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. Planning Commission and Staff Recommendation (May 21, 2014): Approval of the change of zoning from the "CG-2" General Commercial District to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 1 and from the "CG-2/PUD" General Commercial District with a Planned Unit Development Overlay to the "CR-2/PUD" Resort Commercial District with a Planned Unit Development Overlay on Tract 2 and that the Future Land Use Plan be amended to reflect the new residential density, subject to the following nine conditions: 1. Master Site Plan: The Owner shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 40 residential units and common area amenities and shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 13.33 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property shall not exceed 35 feet. 4. Parking: The property must have a minimum of four parking spaces per lot totaling 160 parking spaces for the development. Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback along Laguna Shores Road shall be 20 feet. Minimum 10-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum width for a residential lot shall be 30 feet. Minimum building separation between each residential unit shall be 10 feet with a five-foot wide side yard for each lot. A four-foot encroachment into the side yard of the staircase and landing will be allowed. Construction must comply with adopted City Building Code. 6. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The property shall provide a one-way private street with a width of not less than 24 feet and will exit-only onto Laguna Shores Parkway. The private street shall be striped to indicate "Fire Lane/No Parking." The driveway onto Laguna Shores Road shall be for egress only. 8. Pedestrian Access: A minimum five-foot wide sidewalk shall be the constructed along the north side of the property as shown on the Master Site Plan. 9. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. c Number of Notices Mailed — 20 within 200' notification area; 3 outside notification 0 area As of June 6, 2014: Z In Favor — 2 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) 3 n a For 0.00% in opposition. Exhibits: A. Location Map (With Existing Zoning & Notice Area) B. Master Development Plan K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\6-24-2014\LACUNA VILLAGE,INC\1213-01 REPORT FOR CC LAGUNA VILLAGE.DOCX M ti " RN 7 ry H h lq�Fq o o H O V Q M 4 M SUBJECT O QM CG-2 n PROPERTY CN=1 n Q� N TRACT 1 N �C17 Ar N O T R S 6 n RACT,2 CG(-2 PUP Q O " q N N a N ~ cgRjeeF , N '° qNry 'O " R RS-6 N N M N b � Q H N � O N 4 H ry OM a o J CG-2 � ti ti M M ti e ti ti M O " Date Created:51812014 0 n " 400 800 Prepared By:JEREMYM Feet Department of Development Services Q H CASE: 1213-01 Cayo Del Oso Oy'S/OWN.c4TR'c'OOR SUBJECT PROPERTY WITH ZONING ® Subject gR�ee�4NOR m Property SUBJECT RM-1 Multifamily 1 IL Light Industrial R PROPERTY RM-2 Multifamily 2 IH Heavy Industrial PO RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 �O CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 v� CN-2 Neighborhood Commercial RS-TF Two-Family �P CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial g RE Residential Estate CG-1 General Commercial �c RS-TH Townhouse CG-2 General Commercial SP Special Permit N CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial G p RMH Manufactured Home W CR-3 Resort Commercial FR Farm Rural S, City of H Historic Overlay �\ U BP Business Park LChristi O S OCATION MAP Exhibit A O o o � U Q o = so P=°000Q U z W o o o Qog o o 10° w w _ aop2a=aaQ> Q p -7 7 s °g' s s _ o o o o 0 00 o d g Qo - a - - - o z _ i s a5� J - o o - - Z.,z, lo lo w o o - oo, �z a o ao M - � - s - - s --- - m°oy a °z ° s= &� °g zozg y� �� o „o to °o.Q _ _ _ _ C O F o.o - - - - 3 - - 5 3 _� "o< my QQ ha" 3 - - - - - - - - - - " "< �s o v s z m 8o mm >.Por S� z aaob ^w y J o rri" zooms ' e / 3 n 00 — a p 4 o= � _ \ Vim¢ - 000Q moo o°� Exhibit "B" rrr� ,f d 4* Z 4-J r � � .� �:� '� ��� a>� �� µ �pry% ��� }p. 1: �' "'�i i ti'CL 4�" �i,�" `V I �4 �u � � / f �" � ���i � F f� j� II �� i� i � � r J��% y � ,, % ���i.. n � '�'+7ys j Fi ��� � % i � f ��i ti v i✓;; �� Nry9y� ��z P'' i ii i r d� �i �. ,, , � �,.�y O � �i �� � � ,S �u� "' s: ��; 1 9 n�Yga 'tl, �i "� r�jrr it ' ;,, �a�3�� i �n � l �J�Jvr ��. �,��, � r�,4'B�4 � .i ;�„ z AGENDA MEMORANDUM OR RN, Action Item for the City Council Meeting of June 24, 2014 852 DATE: June 17, 2014 TO: Mayor and Council FROM: Ronald L. Olson, City Manager RonO @cctexas.com 361.826.3220 Appointment of City Attorney CAPTION: Motion confirming the City Manager's appointment of Miles K. Risley to serve as City Attorney effective August 25, 2014. PURPOSE: To provide legal advice, counsel, and other services to the City of Corpus Christi. BACKGROUND AND FINDINGS: The City Attorney position became vacant on November 18, 2013. After an unsuccessful internal recruitment process in early 2014, the City hired Chris Hartung Consulting, LLC to assist the City in the current recruitment process. This recruitment process resulted in the City Manager's selection of Miles K. Risley as City Attorney. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This appointment conforms with the City Charter, Article IV Section 10, Legal Department. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: The City Manager recommends City Council confirmation of Miles K. Risley as City Attorney. LIST OF SUPPORTING DOCUMENTS: Resume— Miles K. Risley Miles K. Risley Education and Licensure: 2009 Admitted to practice law in the U.S.District Court,Northern District of Texas 1995 Admitted to practice law in the U.S.District Court,Southern District of Texas 1993 Admitted to practice law in all courts of the State of Texas 1992 J.D.,University of Texas School of Law 1989 B.S.,summa cum laude,Political Science,West Texas State University Experience and Achievements: March 2009 to Present—City of Wichita Falls Legal Department---performed following as City Attorney: Managed four attorneys and associated support staff for self-insured city(population 100,000+)that performs litigation in-house, has more than 1,200 employees, airports, four large reservoirs, convention centers, a civil-service police department,and other services typical of any large municipality Reviewed more than 500 City Council actions,including resolutions and ordinances Reviewed dozens of contracts between the City of Wichita Falls and other legal entities Drafted legislative updates and communicated with legislators on pending legislative actions Obtained election pre-clearances from U.S.Justice Department Developed agenda and manage actions,budget,and contract issues for 4A and 4B economic development corporations Prepared and/or reviewed economic development performance agreements, notes, and financing& security documents for economic development assistance that recruited nine companies with more than 2,000 employee positions to Wichita Falls Coordinated economic development actions with Wichita Falls Chamber of Commerce and Industry Successfully defended investigations by Texas Railroad Commission alleging City damage to gas lines Re-drafted&updated many of the City's major contract forms,including public works construction contracts Updated Legal Dept software and frequently answered after-hours information systems related questions from other departments Chaired Employee Benefit Trust,which manages employee benefits for employees&retirees of City of Wichita Falls Coordinated successful results in multi-entity intervention in Public Utilities Commission proceeding involving utility lines adjacent to Air Force Base 1994 to March 2009— City of Victoria Legal Department---performed following as City Attorney(2008-2009), Senior Assistant City Attorney(1995-2008),and Assistant City Attorney(1994-1995): Managed staff of 12 employees as a City Department Head,including City Attorneys Office,City Secretary's Office,and Municipal Court Reviewed and drafted more than 1,000 contracts between the City of Victoria and other legal entities. These contracts were with private entities, state universities, regional councils of governments, colleges, school districts, counties, various agencies of the state and federal government, as well as with various City-affiliated corporations and private companies. The collective value of these contracts is several hundred million dollars. They included contracts to: construct roads,sewers,and other public improvements provide engineering and architectural services to the City of Victoria purchase computer systems for Computer Aided Dispatch,court dockets,&financial management lease City-owned property to individuals and non-profit and for-profit organizations provide and purchase services from other local governments(Interlocal Cooperation Act agreements) obtain&manage federal,state,and private foundation grants for various City programs Reviewed and/or drafted legal documents to purchase several hundred easements and interests in land for the City Reviewed dozens of employment law issues, including litigation management terminations, firings, EEOC investigations,internal investigations,and general advice Acquired&reviewed title on hundreds of purchases of real property for the City,including hiring litigators,coordinating with appraisers,providing litigation support and other assistance in numerous condemnation actions Drafted more than 2,500 resolutions and 400 ordinances for the Victoria City Council Prepared agendas for more than 500 City Council meetings and various other City corporations and commissions Prepared more than 1,000 letters to Texas Attorney General requesting information be withheld pursuant to Texas Public Information Act. Acted as primary attorney in Victoria Planning Commission,Victoria Sales Tax Development Corporation,and Building &Standards Commission meetings Assisted in defense and prosecution of more than 100 lawsuits involving City of Victoria as a party, including drafting briefs&motions,compiling discovery,arguing summary judgments,and other litigation activities Co-drafted successful summary judgment motion in federal court case defending City of Victoria tow truck ordinance from attack on due process, equal protection, and federal statutory grounds, then drafted briefs to successfully defend City's tow truck ordinance in Attorney General Opinion No.GA-0315(April 5,2005) Prepared numerical measurement criteria for management of Legal Department Municipal Court, and City Secretary's office and assisted the development of such criteria for other City departments Calculated damages in employment and 42 USC § 1983 civil rights cases and worked closely with outside counsel in those cases to prepare Rule 68 motions that ultimately forced plaintiffs to settle for nominal sums Managed forensic accounting necessary to prove a $65,000 embezzlement case involving a Municipal Court assistant clerk Represented,advised,and in many cases prepared the paperwork to create the following local government-affiliated boards,commissions,and corporations: Victoria Sales Tax Development Corporation Victoria Health Facilities Development Corp Victoria Planning Commission Victoria Building and Standards Commission City of Victoria Sign Board Victoria City-County Health Department Victoria Development Corporation Six Flags Historical Park Corporation Victoria Economic Development Corporation Victoria Recreation Association,Inc. Victoria Housing Finance Corporation Provided opinions and litigation support for contested election issues, including City Charter provisions and contested smoking ordinance proposal that went to Texas Supreme Court and was later supported by 70%of City voters Prepared disaster declarations&curfew orders orders for hurricanes and floods,assisted in FE MA reimbursement issues, trained by FE MA in local disaster response Prosecuted misdemeanor cases in municipal court-conducted more than 150 bench trials and 15 jury trials. Advised city departments concerning criminal,administrative,property,and other types of law. Communicated with legislators in reference to passage of legislation. 1999—2002 Victoria College Adjunct Instructor—taught Introduction to Legal Systems and Business Organizations 1993-1995 Byington,Easton&Risley P.C.,Austin,Texas Attorney(General Civil and Criminal Practice)--Managed a caseload of more than 100 civil cases and 50 criminal cases simultaneously. Conducted discovery and trials in criminal and civil cases, including cases involving DTPA/contract law, family law, intellectual property law, and probate. Planned estates for taxes and creditor protection. Formed corporations, partnerships, limited partnerships, and trusts. Drafted contracts, petitions, injunctions, wills, and other legal documents. Negotiated civil litigation, property, and child custody settlement agreements. Researched state & federal litigation issues. Drafted briefs and motions. Acted as managing shareholder in a five attorney law office. 1992 Professor Stanley Johanson,U.T.School of Law Research Assistant--Researched issues related to estate planning, wills, and trusts. Drafted educational materials, including part of Texas portion of Gilbert's Outline on Wills and Estates. 1985-1991 Various assignments for U.S.Army&U.S.Army Reserve—Private to 1"Lieutenant 549th Military Intelligence Bn. -- commanded 53-soldier unit & managed maintenance of$20,000,000+ worth of equipment. Handled other miscellaneous duties as a military intelligence officer including intelligence collection, analysis,and dissemination. 413th Civil Affairs Bn.--Developed methods&training for coordinating with foreign agencies&allied governments. 21327th Infantry Bn.of 101"Airborne Division--Infantry soldier,to leader Activities: College of the State Bar of Texas International Municipal Lawyers Association Texas District and County Attorneys Association Texas Municipal Courts Association Victoria County Bar Association&Wichita County Bar Association Texas City Attorneys Association Board of Directors of the Texas Coalition for Affordable Power,an electricity purchasing group of 158 cities AEP Electric Steering Committee,Oncor Electric Steering Committee,and Atmos Gas Steering Committee Leadership Wichita Falls(alumni 20 10)&Leadership Victoria(alumni 1995) Active Merit Badge Counselor in Boy Scouts of America Speeches&Papers: • "Municipal Court—The Basics"presented to the Texas City Attorneys Association-2010 Summer Conference • "Zoning&Platting Basics"presented to the Wichita Falls Planning&Zoning Commission-October 2010 • "Basic Contract Clauses"presented to local chapter of the National Contract Managers Association-July 2011 • "Municipal Regulation and Contracting with Tow Trucking Companies" presented to the International Municipal Lawyers Association 2012 Mid Year Seminar • "Smart Growth-A Global Perspective" presented to the International Municipal Lawyers Association 67'b Annual Conference-October 2002 Awards: International Municipal Lawyers Association---Local Government Fellow --since 2004 Texas City Attorneys Association Merit Certification in Municipal Law University of Texas School of Law Dean's Achievement Award for Marital Relations&Divorce University of Texas School of Law Dean's Achievement Award for Texas Civil Procedure T.Boone Pickens Award for Academic Excellence at West Texas State University Alpha Chi;Pi Gamma Mu;International Law Society US 0 - AGENDA MEMORANDUM First Reading for the City Council Meeting of May 13, 2014 xg Second Reading for the City Council Meeting of May 20, 2014 DATE: April 23, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mop_cctexas.com 361-826-3460 Lease Agreement for North Bayfront Park Kiosk CAPTION: Ordinance authorizing City Manager or designee to execute a five year term lease agreement with the Corpus Christi Convention & Visitors Bureau for the North Bayfront Park Kiosk, located on North Shoreline Blvd, near the intersection with Resaca Street; Lessee agrees to pay the City $200 on a monthly basis beginning May 1, 2014; terminating a 1998 lease agreement with the Corpus Christi Business Alliance, a predecessor entity for the Corpus Christi Convention & Visitors Bureau, for the Tex Mex Railroad Depot located on North Chaparral Street; appropriating $1,000 of anticipated rental income in the No. 4710 Visitors Facility Fund for the maintenance of the North Bayfront Park Kiosk; changing the FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenues and appropriations by $1,000 each. PURPOSE: Lease the North Bayfront Park Kiosk to the Corpus Christi Convention and Visitor's Bureau (CCCVB) for office space for its operations. Included in this agenda item would be the termination of the current CCCVB lease of the Tex Mex Railroad Depot. The lease includes a rent payment of$200 per month. BACKGROUND AND FINDINGS: The North Bayfront Park was completed in early 2010. The park includes a kiosk that has open space available to rent. The original concept included food preparation/concessions in this space, however over the past four years several attempts have been made to have a food operation in the space and none have come to fruition. The CVB plans to hand out visitor information from this location and also we sell packaged food and beverage items. ALTERNATIVES: Do not approve OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Legal, Parks and Recreation 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 $ 0.00 $ 0.00 $ 0.00 Encumbered / Expended Amount This item $ 1,000.00 $ 11,000.00 $ 12,000.00 BALANCE $ 1,000.00 $ 11,000.00 $ 12,000.00 Fund(s): Visitor's Facility Fund (4710) Comments: RECOMMENDATION: Staff recommends that the Council approve the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Ordinance authorizing City Manager or designee to execute a five year term lease agreement with the Corpus Christi Convention & Visitors Bureau for the North Bayfront Park Kiosk, located on North Shoreline Blvd, near the intersection with Resaca Street; Lessee agrees to pay the City $200 on a monthly basis beginning May 1, 2014; terminating a 1998 lease agreement with the Corpus Christi Business Alliance, a predecessor entity for the Corpus Christi Convention & Visitors Bureau, for the Tex Mex Railroad Depot located on North Chaparral Street; appropriating $1,000 of anticipated rental income in the No. 4710 Visitors Facility Fund for the maintenance of the North Bayfront Park Kiosk; changing the FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenues and appropriations by $1,000 each. 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 five year term lease agreement with the Corpus Christi Convention & Visitors Bureau for the North Bayfront Park Kiosk, located on North Shoreline Blvd, near the intersection with Resaca Streety; Lessee agrees to pay the City $200 on a monthly basis beginning May 1, 2014. Section 2. The City Manager or designee is authorized to terminate a 1998 lease agreement with the Corpus Christi Business Alliance, a predecessor entity for the Corpus Christi Convention & Visitors Bureau, for the Tex Mex Railroad Depot located on North Chaparral Street. Section 3. That the FY2013-2014 Operating Budget adopted by Ordinance No. 029915 is changed to increase revenues and expenditures by $1,000 each. 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 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 , 20147 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 , 2014. ATTEST: Nelda Martinez Mayor Rebecca Huerta City Secretary 1 LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI CONVENTION & VISITORS BUREAU FOR THE NORTH BAYFRONT PARK KIOSK AND AGREEMENT TO TERMINATE THE TEX MEX RAILROAD DEPOT LEASE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § 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 his designee ("City Manager"), and the Corpus Christi Convention & Visitors Bureau. WHEREAS, the City owns the North Bayfront Park Kiosk located on North Shoreline Blvd. near the intersection with Resaca Street, Corpus Christi, Nueces County, Texas, together with all Improvements thereon; ("Premises"); WHEREAS, Lessee has requested the use of the Premises for the purpose of office space for its operations as the Corpus Christi Convention & Visitors Bureau and conditions and covenants contained in this Lease; , WHEREAS, City desires to allow Lessee to use the Premises for this purpose; and WHEREAS, in 1998, the City and the Greater Corpus Christi Business Alliance, a predecessor entity for the Corpus Christi Convention & Visitors Bureau had previously entered into a twenty-year lease agreement for the Tex Mex Railroad Depot located on North Chaparral Street, and the parties now desire to terminate said 1998 Lease Agreement. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 'I Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. (B) City Manager means the City's City Manager or the City Manager's designee. (C) Council means the City's City Council. (D) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. (E) Finance Director means the City's Director of Finance or the Director of Finance's designee. (F) Lease means this lease document, including all attached and incorporated exhibits. (G) Lessee means Corpus Christi Convention & Visitors Bureau. (H) Parks means the City's Park and Recreation Department. (1) Premises means the North Bayfront Park Kiosk building located on North Shoreline Blvd. near the intersection with Resaca Street, in the City. (J) Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. Section 2. Purpose. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize Premises as a visitor's center. Lessee shall not operate the Premises for any other purpose without Director's prior written approval. Section 3. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee on a five year term beginning May 1, 2014, effective upon final City Council approval, unless sooner terminated as set out herein. Section 4. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER THE CITY, NOR ANY EMPLOYEE OR AGENT OF THE CITY, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY THE CITY WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY THE CITY WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. D. THE PROVISIONS OF THIS Section 4 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Section 4 Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. 3 Section S. Lease Payments. (A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, on a monthly basis, TWO HUNDRED dollars ($200.00) per month. (B) All rental fees are due and payable on or before the 10th day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. 4. Box 9277, Corpus Christi, TX 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX 78401. Section 6. Hours of Operation. Lessee will be open to the public and operate the Premises, during normal operating hours on a year-round basis. Hours of operation may be adjusted, for scheduled seasonal activities and other special events scheduled by Parks, with the prior written approval of the Director. Section 7. Termination of the 1998 Tex Max Railroad Depot Lease Agreement. By signatures below, the parties agree to terminate the 1998 Tex Max Railroad Depot Lease Agreement which was previously authorized by City Council on June 16, 1998, said termination to be effective on May 1, 2014 or other date mutually agreed upon by letter agreement of City Manager and CVB Chief Executive Officer. Section 8. Parking. (A) Lessee may be provided, with prior approval of the Director, up to four (4) parking spaces, including one of which shall be a disability-accessible space near the Premises. The Director shall determine and approve Lessee's method and manner of designation of the spaces. Lessee shall bear any and all expense associated with designation of the parking spaces. (B) Lessee's designated parking spaces are for use by customers of the Premises during Lessee's hours of operation only. At all other times when Lessee is not open under normal operating hours, any member of the public can utilize the designated parking spaces. (C) Lessee's designated parking spaces are for use by passenger vehicles only and must not be utilized for commercial purposes, such as loading and unloading of equipment or supplies, by Lessee or Lessee's vendors or suppliers. Section 9. Utilities. (A) It is understood by and between the parties that scheduled, regular garbage collection service is available to the Premises and that the provision of this service shall be the responsibility of Parks. (B) The cost to Lessee, for the provision of garbage collection service by the City, is included and made a part of Lessee's monthly lease payment. (C) Lessee shall deposit, or cause to be deposited, all garbage and debris generated at the Premises into up to three (3) garbage carts provided by City at the Premises. 4 (D) The Premises is not currently wired for telephone service nor for internet service; however, Lessee may contract separately with a service provider of Lessee's choice for the provision of active telephone and internet service, which service is to be incurred at Lessee's sole expense. (E) The Premises is wired for electrical service. Lessee shall bear the cost of all electricity used at the Premises for the term of this Lease. Additionally, Lessee shall bear the cost for the use and maintenance of the existing security alarm system in the Premises for the term of this Lease. (F) Water and sewage service is available at the Premises, and the cost to Lessee, for the provision of water and sewage service by the City, is included and made a part of Lessee's monthly lease payment. (G) Should Lessee require any modification to the provision of the enumerated utilities in this section or require any additional utility service not herein covered during the term of this Lease, Lessee shall submit a request, in writing, to the Director for consideration and possible amendment of this Lease. (H) Lessee shall pay for all utilities related to usage of Premises, excluding water and sewage service as herein provided for, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 10. Abandonment, Interruption of Utilities, Removal of Lessee's Property, and Lockout. Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Lessee's personal property; and (d) lock out of Lessee. Section 11. Maintenance. (A) The City will maintain the exterior of the Premises and adjacent park grounds, including buildings and public parking lots in the vicinity of the Premises, subject to sufficient annual budget appropriations. The City shall be responsible for major repairs to the exterior of the Premises, subject to sufficient annual budget appropriations, unless damage occasioned to the exterior is or was caused by Lessee's negligence. It is further understood and agreed that the City shall maintain the utility lines serving the Premises, subject to sufficient annual budget appropriations. (B) Lessee covenants and agrees to maintain the interior of the Premises during the term of this Lease, such maintenance to include, but not be limited to, interior painting (in a neutral color preapproved by the Director) and keeping in good repair the plumbing and light fixtures. (C) Lessee shall be responsible for cleaning the Premises and will supply paper goods and chemicals necessary for cleaning. (D) During Lessee's normal business hours, City may enter the Premises for any reasonable purpose, including but not limited to, repairs, maintenance, alterations and showing the premises to prospective tenants. City may access the Premises at any time for emergency repairs. S (E) In the event that the Premises are destroyed or rendered unusable due to a hurricane, natural disaster or other reasons not the fault of Lessee and cannot be promptly repaired, the occupancy by Lessee shall terminate as of such date and the City and Lessee either shall enter into an agreement to occupy other available space of the City for such purposes or this Lease shall terminate. Section 12. Furniture, Fixtures, and Equipment. (A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. (B) All capital improvements to the Premises, such as installation of plumbing fixtures remain the property of the City. (C) The City shall maintain the public restrooms associated with the Premises. Section 13. City Use and Special Events. (A) City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. (B) Lessee acknowledges that the North Bayfront Park premises are used for special events which may occasionally interfere with Lessee's access to the Leased Premises and parking space availability. Lessee shall not be entitled to any compensation, in whatever form, either tangible or intangible, for such non-Lessee use. Section 14. Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that its use of the Premises is in accordance with all applicable Federal, State, and local laws, ordinances, rules and regulations. (B) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses and permits. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements. (C) Furthermore, Lessee shall comply with any other Federal, State and local laws, ordinances, rules and regulations applicable to Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 15. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Lessee is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Premises. Section 16. Capital improvements. City may, from time to time, and in City's sole discretion, undertake capital improvements to the Premises. Prior to commencing any capital 6 improvements, City shall notify Lessee, in writing, of the dates in which Lessee shall be required to vacate the Premises, should the Director deem this necessary. Lessee agrees that the term of this Lease shall not be prorated for the period in which Lessee is restricted from entering the Premises for the purposes of constructing capital improvements. Lessee acknowledges and understands that City shall have no obligation to provide an alternate location for Lessee during any period that Lessee must vacate the Premises. Section 17. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 18. Insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Attachment,which is incorporated in this Lease by reference. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Attachment constitutes grounds for termination of this Lease. (B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. (D) The Risk Manager shall retain the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee shall receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. ( E) In the event alcoholic beverages are to be served or consumed on any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or consumed. (F) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 20(a), as contained herein. (G) The City carries the property and flood insurance on the building. Lessee is responsible for insuring their own contents. 7 Section 19. indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part. (1) Lessee's performance pursuant to this Lease; (2) Lessee's use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any parry, 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 legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said liability, injury, damage, loss, demand, claim or action. Section 20. Alterations. (A) Lessee shall not make any alterations, additions, or improvements to, in, on, or about said Premises, without the prior written consent of the City Director of Parks and Recreation. Lessee must also obtain clearance from the Risk Manager as required above. (B) The following are specifically prohibited: Lessee shall not nail into the walls of the Premises; Lessee shall not remove any equipment, fixtures or hardware from the Premises. (C) All approved alterations, improvements, and additions made by the Lessee upon said Premises, although at his own expense, shall, if not removed by Lessee at any termination or cancellation hereof, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property of the City. 8 Section 21. Signs. (A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Premises, or any part thereof, without the Director's prior written approval. (B) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of Director's written demand, City may do or cause the work to be done, and Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 2 . Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City Manager. Lessee shall not, in whole or in part, assign or transfer directly or indirectly this Lease unless prior written approval has been obtained from the City Manager. Section 23. Default. (A) The following constitute Events of Default under this Lease: (i) default in the payment of rent or other payments hereunder; (ii) failure to pay utilities before the due date; (iii) failure to perform maintenance as required by this Lease; (iv) abandonment of the Premises; (v) failure to maintain any insurance coverages required herein; (vi) failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises; and (vii) failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. (B) Upon the occurrence of any Event of Default, the City may, at its option, in addition to any other remedy or right given hereunder or by law: (i) give notice to Lessee and an opportunity to cure that this Lease terminates upon the date specified in the notice unless such default is cured, which date will be no earlier than thirty (30) days after the giving of such notice; or (ii) immediately or at any time after the occurrence of such Event of Default and without notice or demand, enter upon the Premises, or any part thereof in the name of the whole, and, upon the date specified in a notice, if given, or in any notice pursuant to law, or upon such entry, this Lease terminates. (C) In the event of a default by the City in the performance of its obligations under this Lease, Lessee may give thirty (30) days' notice of such default and opportunity to cure, and this Lease may be terminated in the event of a failure to cure such default within such time. Section 24. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. 9 Section 26. Notice. (A) 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: (l) by personal delivery, or (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. (B) 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. (C) All these communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Corpus Christi Convention & Visitors Bureau Park and Recreation Department Attn: Paulette Kluge P. O. Box 9277 101 N. Shoreline Blvd., Suite 430 Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78401 Attn: Director of Park and Recreation (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 27 Nondiscrimination. Lessee covenants and agrees that it shall not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 28. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 29. 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, shall not be deemed a waiver by said party of any of its rights hereunder. No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either parry 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. 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 shall not be deemed a consent or approval of the same or any other action at any other occasion. 10 (B) 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 the City to promptly avail itself of said rights and remedies which the City may have shall not be considered a waiver on the part of the City, but City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Any waiver by the parties of a breach of any covenants, terms, obligations, or events of default shall not be construed to be a waiver of any subsequent breach, nor shall the failure to require full compliance with this Lease be construed as changing the terms of this Lease or estopping the parties from enforcing the terms of this Lease. Section 30. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures 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. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. Section 31. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, 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. Any reasonable costs incurred for repairs or corrections for which Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment date, or within 30 days written demand. Section 32. Enforcement Costs. In the event any legal action or proceeding is undertaken by the City to repossess the Premises, collect the lease payment(s) due hereunder, collect for any damages with regard to this Lease, to the Premises, or to in any way enforce the provisions of this Lease, Lessee agrees to pay all court costs and expenses and the sum as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in said action or proceeding, or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 33. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, if required by the City Charter, in the legal section of the local newspaper. Section 34. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 35. Survival of Terms. Termination or expiration of this Lease for any reason shall not release either party from any liabilities or obligations set forth in this Lease that (a) the parties have expressly agreed shall survive any such termination or expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any such termination or expiration. 11 Section 36. Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Lease. Any ambiguities in this Lease shall not be construed against the drafter. Section 37. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 38. Termination. It is Lessee's responsibility to remove its personal property from the Premises prior to termination or expiration of the Lease. Lessee agrees that any of personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law, for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee. Lessee shall be invoiced for City's costs to remove property from the Premises after termination or expiration of the Lease, and Lessee shall pay said invoice within thirty (30) days of receipt. Section 39. Entirety Clause. This Lease and the incorporated and attached 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, 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 relating to Lessee's operations and the Premises to be used in the operations. Section 40. 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. EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of ., ................. ......................................................................................, 2014, 1 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager LVSS� ! I ISO RS BUREAU Name: ltle: Date: I3 EXHIBIT INSURANCE REQUIREMENTS I. LESSEE"S.LIABILITY INSURANCE A. Lessee shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Lessee shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy,and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MR41MUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all certificates or by Bodily injury and Property Damage policy endomement(s) Per Occurrence/aggregate $1,000,000 Per Occun-ence Conirnercial General Liability including: 1. Broad Form 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Darnage 6. n ependent Contractors PROPERTY INSURANCE Lessee shall purchase At I-Peril Property Coverage to provide coverage for Real and Personal Property. WORKERS' COMPENSATION is Complies With The Texas Workers'Compensation Act and Paragraph 11 Of This Exhibit. IEMPLOYER'S LIABILITY $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this project, Lessee shall furnish the Risk Manager with copies of all reports of such accidents within ten (10)days of the accident. 11. ADDITIONAL RE UIREMENTS A. Lessee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. 14 B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII, C. Lessee shall be required to submit a copy of the replacement certificates of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes.All notices under th.is Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi,TX 78469-9277 (361)826-4555- Fax# D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions- • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City. and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10)calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage. Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure t o p rovide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the fight too er Lessee to discontinue salestwork hereunder, until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's perforniance oft work covered under Ns agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2014 Parks and Recreation Dept. Shoreline Blvd.Waterpark Kiosk,CV B Lease Agreement —ins.res. 4/112014 ds Risk Management d AGENDA MEMORANDUM oaPOwR ko First Reading Ordinance for the City Council Meeting of June 24, 2014 2852 Second Reading Ordinance for the City Council Meeting of July 8, 2014 DATE: June 11, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floydspcctexas.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 $7,981 to purchase equipment for the ICAC program within the Police Department; and appropriating the $7,981 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 June 1, 2014 through August 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 $7,981 $7,981 BALANCE $7,981 $7,981 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CORPUS CHRISTI POLICE DEPARTMENT OAG Contract No. 1450386 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 task forces to develop multi- jurisdictional, 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 June 1, 2014 and shall terminate August 31, 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 Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page I of 18 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 certain Internet Crimes Against Children (ICAC) equipment, supplies, and travel. 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. ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 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 programmatic 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; f. Number of online solicitation of a minor (or its equivalent) convictions ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 3 of 18 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 performance 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 1450386 Page 4 of 18 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 ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 5 of 18 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 reimbursement 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 April 15, 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 firm will determine 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 Government, 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 (20th) of each month, or if the 20th 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 ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 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 indemnified, 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 OBLIGATIONS 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 Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 7 of 18 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 Party 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 1450386 Page 8 of 18 any such termination or by its nature would be intended to be applicable following any such termination. The following terms 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 deemed 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 performance 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 Subrecipient Grant Contract—Corpus Christi Police Department 1450386 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 ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 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@texasattomeygeneral.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 1450386 Page I I 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 1450386 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 Commission 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 from 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 ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 13 of 18 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; program income not expended in this contract term 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 1450386 Page 14 of 18 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 1 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 ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 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: Office of the Attorney General Authorized Official ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 16 of 18 EXHIBIT A GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CORPUS CHRISTI POLICE DEPARTMENT OAG Contract No. 1450386 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: SEVEN THOUSAND NINE HUNDRED EIGHTY ONE AND 00/100 ($7,981) 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 Fringe Benefits $0 Professional & Contractual Services $0 Travel $517 Equipment $0 Supplies $7,464 Other Direct Operating Expenses $0 Total $7,981 The maximum allowable expense for lodging is $93.79 per guest room per night including applicable taxes; the maximum allowable expense for meals is $46.00 per day. ACTUAL RECEIPTS for all expenses including, but not limited to, lodging, meals, rental cars and airfare MUST BE SUBMITTED. Alcohol and tips will not be reimbursed. The OAG cannot approve payment for non-refundable airline tickets and/or penalty fees incurred for altered travel plans (and/or any other expenses) should the conference/training be canceled or should the attendee not attend the training for any reason. ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 17 of 18 EXHIBIT B GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CORPUS CHRISTI POLICE DEPARTMENT OAG Contract No. 1450386 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, 2012, 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. ➢ Six (6)pages. ICAC Subrecipient Grant Contract—Corpus Christi Police Department 1450386 Page 18 of 18 i I i I Faz Department of Justice Office of Justice Programs Office of Juvenile,Justice and Cooperative Agreement PAGE I of 7 {- Delinquency Prevention 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2012-MC-FX-K047 Texas Office ofthe Attorney General PO Box 12548 5.PROJECT PERIOD:FROM 07101/2012 TO 06/30/2014 Austin,TX 78711-2548 BUDGETPERIOD:FROM 07/01/2012 TO 06/30/2014 6.AWARD DATE 09/16/2013 7.ACTION IA.GRANTEE IRS/VENDORNO. 8.SUPPLEMENT NUMBER Supplemental 746000057 01 9.PREVIOUS AWARD ANIOUNT $428,311 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $491,313 Texas Office of the Attorney General Southern ICAC Task Force IL TOTAL.AWARD $919,624 12.SPECIAL_CONDITIONS THE ABOVE GRANT PROJECT 1S APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTHON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FYI3(OJJDP ICAC TF)Pub.L.No.113-6;127 Suit.198,256 15.METHOD OF PAYMENT GPRS ® AGENCY APPROVAL ® GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Karol Virginia Mason Daniel Hodge Assistant Attorney General First Assistant Attorney General 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE 4POWLAW� AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. LMCTGTO164 FISCALYFUNDC BUD.A OFC. DIV.RE SUB. POMS AMOUNT EAR ODE CT. G. X F MC 70 00 00 491313 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2(REV.4-88) i Department of Justice .• \ Office of Justice Programs AWARD Office of Juvenile Justice and CONTINUATIONSH.EET PAGE 2 OF 7 Delinquency Prevention Cooperative Agreement :- PROJECTNUMEER 2012-MC-FX-KO47 AWARD DATE 09/16/2013 SPECIAL CONDITIONS 1. 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. 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 OMB 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 finds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal,employee,agent,contractor, subgrantee,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. Room 4706 Washington,DC 20530 e-mail:oig.hotline @usdoj.gov hotline:(contact information in English and Spanish):(800)869-4499 or hotline fax:(202)616-9881 Additional information is available from the DO.i OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any 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 be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee.C£28 C.RR.parts 66,70. fi rrvrri��; ' ��t + . ON FORM 4000/2(REV.4-88) i a Department of Justice k _ \ Office of Justice Programs AWARD Office of Juvenile Justice and CONTINUATIONSHEET PAGE 3 OF 7 M=+��� Delinquency Prevention Cooperative Agreement PROJECTNUMBER 2012-MC-FX-K047 AWARD DATE 09/16/2013 SPECIAL CONDITIONS 3. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management(SAM)(or with 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 Numbering System(DUNS)number.The details of recipient obligations are posted on the Office of Justice Programs web site at lnttp://www.ojp.gov/ftindiilg/sann.litm(Award condition:Registration with the System for Award Management and Universal.Identifier Requirements),and are incorporated by reference here.This special condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that lie 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.Reg. 51225(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 of attendance at such events. Information.on pertinent laws,regulations,policies,and guidance is available at www.ojp.gov/funding/confcost.litm. It. 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 Subgrantees,available at http://www.ojp.tisdoj.gov/funding/ojpti-ainingguidingprinciples.htm. 12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds 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 fiords 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. 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 funds,or of the parents or legal guardians of such students. 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 fiords 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 fund expenditures as set forth in the OJP Financial Guide. 4% it {=ipl*1 OJP FORM 4000/2(REV.4-88) i Department of Justice r \, Office of Justice Programs AWARD Office of Juvenile Justice and CONTINUATIONSHEET PAGE 4 of 7 Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2012-MC-FX-KO47 AWARD DATE 09/16/2013 SPECIAL CONDITIONS 16. The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 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 finds. 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 of 2006(FFATA),are posted on the Office of Justice Programs web site at htip://www.ojp.gov/funding/ffata.htm(Award condition:Reporting Subawards 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 employee of the award recipient at a rate that exceeds 110%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 finds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. rkIA ,k( I OJP FORM 4000/2(REV.4-88) I Department of Justice Office of Justice Programs AWARD Office of Juvenile Justice and CONTINUATIONSHEET PAGE 5 OF 7 Delinquency Prevention Cooperative Agreement PROJECTNUMAER 2012-MC-FX-KO47 AWARD DATE 09/16/2013 SPECIAL CONDITIONS 18. Within 45 calendar clays after the end of any conference,meeting,retreat,seminar,symposium,training activity,or similar event funded under this award,and the total cost of which.exceeds$20,000 in award funds,the recipient must provide the program manager with the following information and itemized costs: 1)name of event; 2)event dates; 3)location of event; 4)number of federal attendees; 5)number of non-federal attendees; 6)costs of event space,including rooms for break-out sessions; 7)costs of audio visual services; 8)other equipment costs(e.g.,computer fees,telephone fees); 9)costs of printing and distribution; 10)costs of meals provided during the event; 11)costs of refreshments provided during the event; 12)costs of event planner; 13)costs of event facilitators;and 14)any other costs associated with the event. 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 funds: 1)meals and incidental expenses(M&IE portion of per diem); 2)lodging; 3)transportation to/from 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 item 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 determine costs,are available at www.ojp.gov/ftinding/confcost.htm. � �►�►�� . OJP FORM 4000/2(REV.4-88) Department of Justice \ Office of Justice Programs AWARD Office of Juvenile Justice and CONTINUATIONSHEET PAGE 6 OF 7 • `^Y Q Delinquency Prevention Cooperative Agreement PROJECTNUMEER 2012-MC-FX-K047 AWARD DATE 09/16/2013 SPECIAL COND1I'IONS 19. Approval of this award does not indicate approval of any consultant rate 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 l 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. OJJ.DP's participatory role in the project is as follows: a.Review and approve major work plans,including changes to such plans,and key decisions pertaining to project operations. 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 agrees that it will submit quarterly financial status reports to OJP on-line(at littl)s:Hgramts.ojp.usdoj.gov) using the SF 425 Federal Financial Report form(available for viewing at www.wliitellotise.gov/omb/grants/standarcl forms/ff 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 clays after the end of the reporting periods,which are June 30 and December 3 f,for the life of the award. These reports will be submitted to the Office of Justice Programs,on-line through the Internet at https://grants.ojp.usdoj.gov/. 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 funds 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.usdoj.gov/. av ,IN1=T AL :E OJP FORM 4000/2(REV.4-88) i I I i Department of Justice 'tea p �r Office of Justice Programs AWARD Office of Juvenile Justice and CONTINUATIONSHEET PAGE 7 OF 7 -- Delinquency Prevention Cooperative Agreement i PROJECTNUMBER 2012-MC-FX-KO47 AWARD DATE 09/16/2013 SPECIAL CONDITIONS 25. ICAC Annual Reports The recipient agrees to submit annual.reports to OJP that set forth the following: (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 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 (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. 26. The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance Measures to the OJJDP- designated 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 award or subaward;and(2)authorize others to receive,reproduce,publish,or otherwise use such data for Federal purposes. "Data"includes data as defined in.Federal Acquisition Regulation(FAR)provision 52.227- 14(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 subrecipients,contractors,and subcontractors(if any)all rights 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. i < t7) 1 *zAr . 1 11' OJP FORM 4000/2(REV.4-88) 9.r Department of Justice .' � Office of Justice Programs Office of'Juvenile Justice and Delinquency Prevention Washington,U.C. 20531 Memorandum To: Official Grant File From: Lou Ann Holland,Program Manager Subject: Categorical Exclusion for Texas Office of the Attorney General The recipient agrees to assist OJJDP to comply with the National Environmental Policy Act(NEPA)and other related federal environmental impact analyses requirements ni the use of these grant funds either directly by the recipient or by a subrecipient.Accordingly,prior to obligating grant funds,the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds and,if so,to advise OJJDP and request farther NEPA implementation guidance.Recipient understands that this special condition applies to its activities whether or not they are being specifically fiulded with these grant funds.That is,as long as the activity is being conducted by the recipient,a subrecipient,or any third party and the activity needs to be undertaken in order to use these grant Rinds,this special condition must first be met.The activities covered by this special condition are: a. new constriction;b.minor renovation or remodeling of a property either;(1)listed on or eligible for listing on the National Register of Historic Places or; (2)located within a 100-year flood plain;c.a renovation,lease,or any other proposed use of a building or facility that will either;(1)result in a change in its basic prior use or;(2) significantly change its size and;d.Implementation of a new program involving the use of chemicals other than chemicals that are;(1)purchased as an incidental component of a fiulded activity and; (2)traditionally used,for example,in office,household,recreational,or education environments. i ?; Department of Justice GRANT MANAGER'S MEMORANDUM,PT.I• Office of Justice Programs PROJECT SUMMARY ' .e �) Office of Juvenile Justice and Delinquency Prevention Cooperative Agreement PROJECT NUMBER PAGE I OF I 2012-MC-FX-KO47 This project is supported under FYI3(OJJDP ICAC TF)Pub.L.No.113-6;127 Stat.198,256 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIREC'T'OR(Name,address&telephone number) f Scott Pestridge Scott L-lenry-Valli (202)514-5655 DAG Grants Coordinator PO Box 12548 Austin,TX 78711-2548 (512)936-2186 3a.TITLE OF TIIE PROGRAM 3b,POMS CODE(SEE INSTRUCTIONS OJJDP FY 13 Internet Crimes Against Children Task Force Invited Awards ON REVERSE) 4.TITLE OF PROJECT Texas Office of the Attorney General Southem.ICAC Task Force 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE Texas Office of the Attorney General PO Box 12548 Austin,TX 78711-2548 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM: 07/01/2012 TO: 06/30/2014 FROM: 07/01/2012 TO: 06130/2014 9.AMOUNT OF AWARD 10.DATE OF AWARD S491,313 09/16/2013 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT i 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) Pursuant to Section 104 of the PROTECT Our Children Act of 2008,the ICAO Task Force shall 1)consist of State and local investigators,prosecutors,forensic specialists,and education specialists who are dedicated to addressing the goals of the task force;2)engage in proactive investigations,forensic examinations,and effective prosecutions of Internet crimcs against children;3)provide forensic,preventive,and investigative assistance to parents,educator,prosecutors,law enforcement,and others concerned with Internet crimcs against children;4)develop multijurisdictional,multiagency responses and partnerships to Internet crimes against children offenses through ongoing informational,administrative,and technological support to other State and local law enforcement agencies,as a means for such agencies to acquire the necessary knowledge,personnel,and specialized equipment to investigate and prosecute such offenses;5)participate in nationally coordinated investigations in any case in which the Attorney General determines such participation to be necessary,as permitted by the available resource of such task force;6)establish or adapt investigative and prosecution standards consistent with norms,to which such task force shall comply;7)investigate,and seek prosecution on,tips related to Interact crimcs against children,including tips from Operation Fairplay,the National Internet Crimes Against Children Data System, DIP FORM 4000/2(REV.4-88) i the National Center for Missing and Exploited Children's Cybeel'iplinc,]CAC task forces,and other Federal,State,and local agencies,with priority being given to investigate leads that indicate possibility of identifying or rescuing child victims,including investigative leads that indicate a likelihood of seriousness of offense or dangerousness to the community;8)develop procedures for handling seized evidence;9)maintain reports required by OJJDP and other reports and records as determined by the Attorney General;and 10)seek to comply with national standards regarding the investigation and prosecution of Intcrnct crimes against children, as set forth by the Attorney General,to the extent such standards are consistent with the law of the State where the task force is located. The Texas Office of the Attorney General(OAG)recognizes the importance of expanding the capacity of thc'I'exas OAG Internet Crimes Against Children(ICAO) Task Force.As it result,using OJJDP funds,the Texas Office of the Attorney General will be awarding several sub-awards to law enforcement affiliate agencies. These sub-awards will allow the individual law enforcement agencies to determine their own equipment and training priorities.In addition,the task force will continue to support one hrvcstigator and two Forensic Examines. This award will also allow the OAG ICAC to increase their investigatory and computer forensic capabilities by purchasing monitors and hardware to support operations. NCA/CF Department of Justice ` Office of hsl_Ce prograt-lis Office for Civil Rigltt-q fErsa`Ngtr3n,G.C. .245.ji September 16,20 3 Mr,Daniel Hodge Texas€]ffec of the Attomey Gametal PO Box 1.2548 Austin,'PX 787 t 1-2548 Bear Mr,Hodge: Congratulations on your recent nwarti,Ili establishing financial assistance progrartts,Congress linked the receipt of Federal fun ling to compliance with Fednod civil rights laws.The Office for Civi!Righ,s(OCR),Office of Justice Programs(pJP),U.S.Depa.tittent ofJiastice is responsible for ensuring that recipients of financial aid front OJf,its component offices and bureaus,the Office on Violence Against Women(OVW),and the Office of Community Oriented Policing Services(COPS)comply with applicable Federal civil rights statutes and regu.latians.We at OCR are available to help you and your orgaaizatioii meet the civil rights reduiremcnts flint come with Justice Departanent funding, Ensuring Access to Federally Assisted Programs As you known,Federal laws prohibit recipients of financial assistance(rout diiscriiminating on the basis of Mice,color,national origin, religion,sex,or disability in Ainded programs or activities,not only in respect to employment practices but also in the delivery c f services or benefits.Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or henefits. Providing Services to Limited English Proficiency(LEY)Individuals In accordance with Department of Justice Guidance pertaining to Title Vl of tho Civil Rights Act of 1964,42 U.S.C.§2000d,recipients of Federal Cnanciai assistance must take reasonable steps to provide ameaningf it access to their programs and activities for Pei-soiis With limited English proficiency(LEP).For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see site wvcbsite at http:/iwww.lep.gov. Ensuring Equal Treatmeat.for Faith-Based Organizations The Department of Justice has published a regulation spec ifikally perlaining to the funding of faith-based organizations. In general,the regulation,Participation in Justice Departmert.Progrxms by Religious Organizations;Providing for Cquai Treatment of all Justice Department Program Participants,and known as the Equal'T'reatment Regalation 23 C.F.R.part 38,requires State Administering Agencies to treat these organizations the same as any other appliczint or recipient.The regulation prohibits State Administering agencies fforn making award or grant administration decisions on the basis of an org inizatiori s religious character or arfiliation,religious name,or the religious composition of its board of directors. The rQgziladon also prohibits faith-based organizations from Ming financial assistance`roni the Department trf Justrc;e to fund inherency religious activities.While fai'h-based organizations crn engage iii non4 aided inherently rcligious activities,they must he lick!separately fruit the Department ofJustice funned pmgr am,2nd customers o.beneficiaries cannot be compelled to participate in then),floe Equal Treatment Ragutatior,also make,clear that organizations participasirg m proginn:s fun€led�y fete Nepal a rcx ,!t of'Justice aro not Permitted to clisczintinate in tite provisian err"services on the basis of a henrficiarys religion.For snore iitfor!taation oat the regulation..please see OCR's website at itt'p.fiwww.ojj3.usc ai.gour cr!otflaa.latiti, Mate Adiuinistering Agencies and ai€h-based organizations shoadd also note that the Safe Streets Act,as anie ded,the Victims of Crime Act,as amended;and the Juvenile Justice and Delinquency Prevention Ac-,,as amended,contain prohi=bitions against discrinnination on the 'oasis of religioat in employment,Despite these aictndiscrianitaa,ion provisions,tlae Justice Department has concluded that Mae Religions Freedom Restoration}Act(RFRA)is reasonably construed,on a caste by-case basis,to require that its funding agencies permit rwith-based organizations,applying for rending under the applicable program statutes both to receive.DOJ funds and to continue eonsideting religion When hiring staff,even if the statute that authorizes the funding program generally forbids considering of religion in empioyament decisions by grawces. Questions about the regulation or the application of P.F A to the statutes that prodNb discrinnin ation in e nipioy n-,ent mmy 1>e directed to!leis Gffice, 010 Enforcing Civil Rights Laws All recipients of Federal Financial assistance,regardless of rite particutar handing scaa'-'ce,the amount of tho grant award,or the number of employees in the workf'erce,are subject to t3te l mIdbitions against unlawful discrimination,Accordingly,OCR investigates re6l3ients that are the subject of disc-4iit nation complaints from both individuals anit groaps.In addition,based on regulatory criteria,OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services aquitabiy to all segments of their service population and that uwir employment prae?i€es meet ecival employe ncaat oplaortu€city standards. Complying with the Safe Streets Act or Prograin Requirements fit addition to these gencral prohibitions,an organization which is a recipient offittancial assistance subject to the nondiscritniration provisions of the Omnibus Crime Control and Safi:Streets Act(Safe Streets Act)of i968,42 U.S.C.§3789d(c),or other'Federal grant program rer uireinents,must paeet two additional re€haii atic ts:(i)coatiplying,,00i Federal regulations pertaining to the development of an Equal.E nployment Opportunity Plan(EEOP)_28 CF R.§42.301-.3709,and(2)submitting io OCR Findings of Discrimination(see 28 C,F.R.§§42.205(5)oi•31.2(32(5)). l) Meeting the EEOP R"nirement In accordance with Federal regulations,Assurance No.6 in the Standard Assurances,COPS Assurance No.8.8,or certain Federal giant program requirements,your organization must comply with the following ESOP a-eporting require mints: Ifyour organization'ins received an award for$500,000 or more and has 50 or€store employees(counting both full-and pgrt-tinw employees but excluding political appointees),then it hies to prepare an 1-2010 and submit it to OCR for review within 60 days from the date of this letter.For assistance in developing;an EFOP,please consult OCR's website at liti p://www,ojp,usdoj.govloerlecop.i)tin. You may also request technical assistance from an FFOP specialist at OCR.by dialing(202)616-3208. If your organization received an award between$25,000 and$500,000 and has 50 or more einpioyees,your organization still has to prepare an ESOP,buc it does not have to submit the E1 OP to OCR for review.Instead,your organization has to nsaintain the FEOP on file and snake it available for review on request,In addition,your organization has to complete Section B of the Certification Form and return it to OCR.The Certification Forth can be found at http://www.ojjp.usd9i.govloer/eeop.irtisa. If your organization received an award for less than$25,000i or if your organization has less than 50 employees,regardless of the amount of the award;or if your organization is a medical institution,educational institution,nonprofit organization or Indian tribe,then your organization is cxcmpt'from the EFOP reduircineatt.However,your organization must complete Section A of the Certification Form ai,cd return it to OCR.The Certiiicatior.Farm can be found at l ittp:itwww,ojp.usdoj,govlocr/eeon,Iitm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process Bearing,nn.the ground of race,color,religion,natiosial origin,or sex,your organization insist submit a copy of the finding to OCR for review_ Ensuring the Compliance of Subrecip€eats If your organization makes subatwafds to outer agencies,you are responsible for assuring that subrecipients also comply with ill of the applicable Federal civil rights laws,including tlae requirements pei'ttaiokng to developing and submitting an ESOP,reporting Findings of Discrimination,and providing ltuiguage services to LEP persons_State agencies that make subawards m€ESt h=we in place StarldsllAl graph assurances nand review procedures to demonstrate tiaat they ire effectively monitoring the civil rights compliance ai'subrecipients. If we can assist you in any way it)fulfilling your civil rights responsibilities as a recipient of Federal funding,please call OCR at(202)307- 0690 or visit our Weiisice at 1tttP:Nv svw.ojps€sdoj.grv�oca°'. c i.zc;erely. �9 . Michael L.Alston Director cc: Grant lUanager Financia€Analyst �S. DEPARTMENT OF JUSTICE OFFICE Of JUSTICE PROGRAMS OFFICE 0c THE COMPTROLLER CERTIFICATIONS REGARDING __BBYU-N -^ DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to vvhhzh they are required to attest. Applicants should also review the instructions for certification included in the regulations hofu^e completing this form, Signature of this form provides for compliance with certification requirements under 29CFR Part 8S, "New Restrictions on Lobbying" and 28CFRPart 67. "Govern nment-wideDebarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Gnan1n)." The certifications shall be treated aoa material representation nf 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 09, for persons entering into a grant or cooperative agreement over$1OO.0OO. ao defined mt20CFR Part 09, the applicant certifies that: (3) No Federal appropriated funds have been paid or will be pmid, by or on behalf 0fthe 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 nfa Member 0f 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 m Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned 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 inthe award documents for all subawonjaat all tiers (including nubgran1s, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly, g 2. DEBARMENT SUSPENSION AND OTHER RESPONSIBILITY MATTERS (DIRECT 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 them 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 67.615 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 employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; OWN 0 (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 writing 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 stays 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). R The grantee may insert in the space provided below the site(,$) for the performance of work done inoonmec(ion with the specific grant: Place o{ Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here, Section 67, 830.of the regulations provides that a grantee that ie a State may elect{o make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and 8hzb*agencies may elect tn use OJP Form 4O61/7, Check if the State has elected to complete OJP Form 4061/7. ` now DRUG-FREE WORKPLACE GRANTEES WHO ARE INDIVIDUALS As required by the Drug-Free 'Workplace Act of 1968, and implemented at 28 CI`R Part. 67, Subpart F, for grantees, as defined at 23 CFR Fart 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 Naive and Address: 2, Application Number and/or Project Name; 3, Grantee IRS/Vendor Number 4. Type/Print Name and Title of Authorized Representative 5. Signature 6. Date ,)jP FORM 406'16(3-91' REPLACES OJP FrJR�AS 4061`2 406113 AND 4M1,14' -H i A E 0 8 5C ETE_ OFFICE OF JUSTICE PRGGtdr IMS BJA NU O?.II)P BJS OVC OMB Al PROVAL N0. 1121-0140 [ 1,XFIR1 S 06 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable:federal statutes,regulations, policies. and requirements.including OMB Circulars A-21, A S7, A-102, A-1 10,A-122, A- i 1.33. Ex. Order 12372(intergovernmental review of tederal programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements). ne applicant also specifically assures and certifies that: [ € f E 1. It has the legal authority to apply for federal assistance and the institutional. managerial, and financial � capability(including funds sufficient to pay any required non-federal share of project cost)to ensure proper planning, management, and completion of the project described in this application. 1 It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict«f interest, or personal gain, i i 3. It will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial 3 assistance. i 4. It will comply with all lawful requirements imposed by the awarding;agency,specifically including any applicable regulations, such as 28 C.F.R. pts. 18,22,23, 30, 35, 38,42,61,and 63, and the award term in 2 C.,R. § 1.75.15(6). 5. It will assist the awarding agency(if necessary)in assuring compliance with section 106 of the National Historic Preservation Act of 1966(16 U.S.C. §470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (1.6 U.S_C.§ 469 a-1 et seq.).and the National Environmental Policy Act of 1969 (42 U.S.C. §4321). 6. it will comply (and will require any subgrantecs or contractors to comply) with any applicable statutorily-unposed nondiscrimination requirements, which may include the Omnibus Crirnc Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime.Act(42 U.S.C.. §10604(e)); The Juvenile,lustice anal Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U,S.C, §7 94); the Americans with Disabilities Act of 1990(42 U.S.C.§ 42131-34); the Education Arnendrnents of 1972 ('20 U.S.C. §§1691, 1.683. 1685-86);and the Age Discrimination Act of 1975 (42 U.S C. §§ 6101-07); see Ex.Order 13179 ? (equal protection of the laws for faith-bas€;d and connrnunity organizations). 3 7. If governnnental entity— a) it will cornply with the requirements of the Uniforiii Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.§ 4601 et sect.). which govern the treatment of persons displaced as a result of federal and federally-assisted programs:. and b) it will comply with requirements of 5 (J,S,C.§§ 1501-08 and§§7324-28, which limit certain E political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance, Signature Date Date I 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$7,98'1 to purchase equipment for the ICAC program within the Police Department; and appropriating the $7,981 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 (ICAO) Task Force program, in the amount of$7,981 to purchase equipment for the ICAC program within the Police Department SECTION 2. That $7,981 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 d AGENDA MEMORANDUM oaPOwR ko First Reading Ordinance for the City Council Meeting of June 24, 2014 2852 Second Reading Ordinance for the City Council Meeting of July 8, 2014 DATE: June 12, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds(a_cctexas.com 886-2605 Appropriating miscellaneous funds received by the Police Department CAPTION: Ordinance appropriating $2,861.60 from donations and reimbursements received by the Police Department; and changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenue and expenditures in the General Fund No. 1020 by $2,861.60 each. PURPOSE: Appropriate the funds for use by the Police Department for purchase of equipment. BACKGROUND AND FINDINGS: Donations were received by the Police Department from AEP and from a private citizen in appreciation of our work. Additionally, the State of Texas has reimbursed our department for officers who attended an Organized Crime seminar in Austin. ALTERNATIVES: OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 2,861.601 1 2,861.60 BALANCE 27861.60 2786 Fund(s): General Comments:. RECOMMENDATION: Staff recommends appropriation of the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $2,861.60 from donations and reimbursements received by the Police Department; and changing the FY 2013.2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenue and expenditures in the General Fund No. 1020 by$2,861.60 each BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That$2,861.60 from donations and-reimbursements received by the Police Department is appropriated for purchase of equipment. SECTION 2. That the FY 20.13.2014 Operating Budget, adopted by Ordinance No. 029915, is changed by increasing revenue and expenditures in the General Fund No. 1020 by $2,861.60 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 _ AGENDA MEMORANDUM A First Reading Item for the City Council Meeting of June 24, 2014 Second Reading Item for the City Council Meeting of July 8, 2014 DATE: June 2, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mop_cctexas.com 361-826-3460 Appropriation of surcharge funds for golf course capital improvements CAPTION: Ordinance appropriating $107,994.50 from the Reserve Golf Course Development account in Fund No. 4691 Golf Capital Reserve Fund for golf course improvements; and changing FY2013- 2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures by $107,994.50. PURPOSE: To appropriate reserves collected from golf course surcharge fees. BACKGROUND AND FINDINGS: The City of Corpus Christi Golf Courses charges a $1.50 fee per every round of golf, which is placed in a capital reserve fund for use to make improvements to the golf courses. Foresight Golf has created a listing of improvements to be done for the requested appropriation from the capital reserve fund. ALTERNATIVES: Do not appropriate funds. OTHER CONSIDERATIONS: None 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 ❑ Revenue X 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 $107,994.50 $107,994.50 BALANCE $107,994.50 $107,994.50 Fund(s): Golf Capital Reserve Fund 4691 Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Summary of golf course improvements Ordinance Appropriating $107,994.50 from the Reserve Golf Course Development Account in Fund No. 4691 Golf Capital Reserve Fund for golf course improvements; and changing FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures by $107,994.50 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $107,994.50 is appropriated from the Reserve Golf Course Development Account in Fund No. 4691 Golf Capital Reserve Fund for golf course improvements in the FY 2013-2014 operating budget. SECTION 2. That the FY 2013-2014 Operating Budget, adopted by Ordinance No. 029915, is changed by increasing expenditures by $107,994.50. 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 Corpus Christi Golf Course Capital Budget 5 Year Plan Proposed 2014 Pro-0 ut,"I 4 Gabe Lozano Sr.Municipal Golf Course Golf Course Maintenance Equipment Club Car Utility Vehicle $ 9,951 9,951.00 Industrial Compressor $ 1,510 $ 1,510,00 John Deere-Fairway Mower $ 22,191 $ 22,191.25 Painting-Maintanence Buildings $ - Golf Shop Equipment Tractor(Diesel)for Practice Facility(Range) $ 6,804 6,804.00 Gang Picker $ 5,209 5,209.00 i Range Ball Washer $ 3,492 $ 3,492.00 Projects Paint Pro Shop(includes slatwall) $ 4,059 $ 4,059 $ 4,059.00 Parking Lot Repair&Seal $ 35,000 $ - Staging Area Curb Installation and Paving $ 15,000 $ - Wash Rack at Cart Barn completed Restroom's(On-Course) $ 5,145 $ 5,145.00 Restroom Remodel (Clubhouse) completed Hurrican Fence completed Tee Sign Package for Golf Course $ 20,985 $ 20,985 Irrigation Installation to dry areas completed Sand to renovate bunkers $ 13,225 $ 13,225 $ 13,225,00 Freezer $ 541 $ 541 $ 541.00 Construction Document Design Phase $ 54,500 $ - Executive Course&Practice Range Renovation $ 1,000,000 $ First Tee of Corpus Christi Building $ 500,000 $ - Restroom's(On-Course-2 buildings) Total Capital Items for Gabe Lozano Sr.Municipal Golf Course $ 1,643,310 $ 93,112 $ 72,127.25 Oso Beach Golf Course Golf Course Maintenance Equipment John Deere-Fairway Mower $ 22,191 $ 22,191.25 New set of Verti cut Reels $ 4,580 Painting-Maintanence Buildings $ - Projects Restroom(#13) $ 6,099 $ 6,099 $ 6,099.00 Parking Lot Repair&Seal $ 50,000 $ - Bridge Replacement#5 $ 12,000 $ - Tee Sign Package for Golf Course $ 19,485 $ 19,485 Clubhouse Remodel $ 25,000 $ - Freezer $ 541 $ 541 $ 541.00 Paint Pro Shop&Grill (includes slatwall) $ 7,036 $ 7,036 $ 7,036.00 F&B Storage Room $ 7,036 $ 7,036 Total Capital Items for Oso Beach Golf Course $ 127,197 $ 59,932 $ 35;&67.25 Total Capital Needs for Corpus Christi Golf $ 1,770,507 $ 153,045 $ 107;994,50 Reserve Development 251250,4691 7/31/2013 Fund Balance 144,865.50 6/2/2014 Less: Expenditures (107,776.13) Add: Revenues 81,636.14 Total Net Change to Fund Balance (26,139.99) Proforma 'Surcharge' Fund Balance 118,725.51 _ AGENDA MEMORANDUM First Reading Item for the City Council Meeting of June 24, 2014 Second Reading Item for the City Council Meeting of July 22, 2014 DATE: June 11, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mop_cctexas.com 361-826-3460 Lease Agreement with Coastal Bend Friends of Aquatics for Parker Pool CAPTION: Ordinance authorizing the City Manager or designee to execute a lease agreement for the Parker Pool with the Coastal Bend Friends of Aquatics for a term of five years. PURPOSE: Lease agreement with Coastal Bend Friends of Aquatics for the repair and operation of the Parker Park Swimming Pool in Flour Bluff. BACKGROUND AND FINDINGS: The Parks and Recreation experienced dramatic budget reduction in FY2010, FY 2011 and FY2012 causing the closing of the swimming pool at Parker Park. Near the end of the FY2012 pool season the pool fell into disrepair and experienced a significant leak in the filtration plumbing system. The Parks and Recreation had neither the funds to repair the pool nor to operate the pool. Discussions began with Coastal Bend Friends of Aquatics in August of 2012 and have led to the current lease agreement. The lease agreement allows for Coastal Bend Friends of Aquatics to repair, operate and maintain the pool for their swim club practice purposes, but does require they offer open public swim hours fours per day (Tuesday — Sunday) during the summer months or at other times as mutually agreed upon by both parties. Fees for public swim hours must not exceed those charged by the Parks and Recreation Department at the other City owned pools. ALTERNATIVES: Do not lease Parker Pool. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Lease requires two readings at least 28 days apart. 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 0 Encumbered / Expended Amount 0 This item 10 BALANCE 10 Fund(s): Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Ordinance Authorizing the City Manager or designee to execute a lease agreement for the Parker Pool with the Coastal Bend Friends of Aquatics for a term of five years BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a lease for the Parker Pool with the Coastal Bend Friends of Aquatics for a term of 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 th day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND COASTAL BEND FRIENDS OF AQUATICS REGARDING USE OF PARKER POOL THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This Lease Agreement made and entered into the-day ofl""I'l between the City of Corpus Christi (hereinafter referred to as the (CITY) and the Coastal Bend Friends of Aquatics dba Parker Pool Patriots (hereinafter referred to as the Lessee). WHEREAS, the "CITY' is a Texas home rule municipal corporation ('City'), acting through its duly authorized City Manager or designee ('City Manager'), WHEREAS, the"Lessee"', is a Texas non-profit corporation organized as a tax exempt charitable organization under Internal Revenue Code section 501-3(C) and existing in good standing under the laws of the State of Texas, WHEREAS, the CITY and the Lessee find Lessee has previously operated its swimming programs at City facilities., WHEREAS, the CITY owns and maintains Parker Pool, 654 Graham Road in Corpus Christi,, Nueces County, Texas as shown on Exhibit A, ("Premises"'), WHEREAS, the Lessee wishes to enter into an Agreement to use the Parker Pool for its aquatic programs, the CITY desires to allow Lessee to use Premises for its aquatic programs; WHEREAS the CITY wishes for Lessee to also open Parker Pool for general public swim on a mutually agreed upon schedule; NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Initial Term, Subject to the remaining terms and conditions hereof, City agrees to lease to Lessee Premises including Parker Pool for five years, beginning on day after final City council approval Section 2. Contact Person/Agreement Administrator. For this agreement the CITY's contact person and Agreement administrator is the Director of Park and Recreation ("Director") or the Director's designee. Section 3. Pre m and Imnrave ments. The CITY will provide the Premises, as described and I delineated in Exhibit "A", which is attached and incorporated in this Agreement by reference, and including, without limitation, all other improvements to the Premises ("Improvements"), such as the fences, iff igation systems. and the grassed areas, all in AS IS condition. Section 4. Consideration. In consideration of the CITY's grant of use Parker Pool, the Lessee will operate aquatic programs with as described in Exhibit B. As additional consideration, Lessee shall operate Parker Pool for general public swim each summer day for at least four hours per day, Tuesday through Saturday and at other times as mutually agreed upon by Lessee and the Director of Parks and Recreation, with user fees paid to Lessee not exceeding the fees as being charged by City for other City public pool use. As additional consideration, Lessee must maintain and keep the Premises and all Improvements in good operating condition. City has no obligation for any maintenance nor repairs at the Premises. At a minimum, maintenance includes: A. Lessee shall pick up and properly dispose of litter on a daily basis; B. Lessee must immediately report any vandalism occurring at the Premises to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas; C. Lessee shall perform a chemical check of the pool's water every two hours to ensure that the pool water meets the standards found in the City's Code of Ordinances, Section 23-57, as amended, and in compliance with all other applicable to laws and regulations; D, Lessee shall maintain a daily chemical log, including the times pool chemical checks are made and related results of each chemical check; E. Lessee shall vacuum (with Lessee supplied vacuum) the pool, remove debris from the water, and sweep the pool area as needed; F. Lessee shall monitor the pool's restrooms and/or other areas regularly each day to prevent inappropriate behavior by attendees; G. Lessee shall provide all emergency medical and rescue equipment standard at all other CITY owned and operated pools including but not limited to Life Vests, A.E.D., Backboard, Oxygen, Guard Chairs, Guard equipment; H. Lessee will clean and disinfect the pool's restrooms daily, making sure that toilets are she and leaving one cup of bleach in each toilet as a disinfectant; 1. Lessee is solely responsible for obtaining and payment for all utilities at the Premises, including but not limited to: electricity, water, wastewater, telephone,and garbage pickup; J. Lessee shall purchase and utilize chemicals and equipment necessary to keep and maintain pool in compliance with all applicable Federal, State and Local laws and regulations. Section 5. Understanding'. Lessee acknowledges and understands that use of the Premises 2 expressly is conditioned on the understanding that the Premises and all Improvements must be returned in as good condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault,excepted. Section 6. Joint Use. The City retains option to request use of the Premises at mutually agreed upon times. Section 7. Prim uylIrposes. Lessee shall utilize the Premises for the purpose of providing its swim program as described on Exhibit B, for its membership, such membership open to the public upon payment of membership fees to Lessee, as described on Exhibit B. Lessee shall also utilize the Premises for the purpose of staffing and operating Parker Pool for general public swim Any other use of the Premises requires prior written approval of the City Director of Parks and Recreation. Section 8. Operating§lfell. A. Lessee covenants that it will operate the Premises in a safe manner, and in compliance with all applicable Federal, State and Local laws and regulations. Lessee shall be responsible for ensuring compliance by itself and its agents, representatives, and employees with the water safety and equipment provisions prescribed in the City's Code of Ordinances, Sections 23- 57(5), (6), and(8), as amended, and Section 23-58,as amended. B. In addition to the above, Lessee shall have on the Premises, at all times during its exclusive use periods, at least one spinal backboard (Lessee provided)capable of carrying an adult. Section 9. Additions or Alterations. A. Lessee shall not make cause any construction to the Premises nor to any Improvements without the Director of Engineering Services and Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from the City's Risk Management Department ("Risk Management") that the proposed addition or alteration will be covered under the insurance policy in force during the to of the Agreement before proceeding with any type of addition or alteration to the Premises or to the Improvements. B. All construction must be made at Lessee's sole expense. All construction installed by Lessee must be repaired and/or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Agreement if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by the Lessee which are not removed at the expiration or termination of this Agreement become the property of City without necessity of any legal action. C. If constructing New Improvements, Lessee shall ensure that the plans and specifications shall be prepared by state-licensed architects or engineers. The plans and specifications are subject to prior written approval of the City Director of Engineering and City Director of Parks and Recreation, and subject to execution of a separate agreement between the parties. 3 Section 10. Advertising and Signaze. The Director has the right to prohibit any advertising and/or signage by Lessee at the Premises which impairs the reputation of the Premises or the CITY. Section 11. Securitv. Lessee shall contract and pay for any and all security it requires during the operation of its program for the Premises for the term of this Agreement. Section 12. Inspection and Maintenance. A. The Lessee shall keep and maintain the mechanical equipment and facility structure of the Parker Pool in good operation condition during this Agreement. The City Manager or the Director, or their respective designee, has the right to inspect the Premises at any time. B. If any inspection reveals that maintenance is not being properly carried out, the Director will provide written notice to Lessee to provide proper maintenance; or inform the Lessee to remedy the maintenance needs (within limitations of this agreement). If Lessee has not completed the work within ten (10) days after receipt of the notice, City may undertake the work and Lessee shall pay City's costs within thirty(30)days of receipt of City invoice. If the Lessee is notified to remedy any maintenance needs outside the agreements it will bill the CITY for cost incurred. Section 13. 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 related to this Agreement, 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. Section 14. Compliance with Laws. A. Lessee must comply with all applicable Federal, State, County, and City laws, rules, regulations, and ordinances which may be applicable to its operation at the Premises and its performance under this Agreement. This Agreement is also subject to applicable provisions of the City Charter. B. All actions brought to enforce compliance will be brought in Nueces County, State of Texas. Where this Agreement was executed and will be performed. Section 15. Noncompliance Costs. Noncompliance with the terms of this Agreement may result in termination of this Agreement and repossession of the Premises and its Improvements by City or its agents. If City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee shall pay all CITY's court costs and expenses, including reasonable attorneys' fees. Section 16. Indemni!y LESSEE must fully indemnify, save and hold harmless the CITY, it's officers, employees, and agents (collectively herein referred to as "Indemnitees") against liability, damage, loss, claims, expenses, costs, judgments, demands and actions of 4 any nature whatsoever 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 which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, wither proximately or remotely, wholly or in part, an act or omission, negligence or misconduct by Lesseer's officers, employees, agents, representatives, servants, contractors, patrons, licensees, or invitees entering upon the Premises for swimming program-related activities undertaken pursuant to this Agreement; or when any said injury or damage is the result, proximate or remote, in whole or in part, of the violation by Lessee's agents, representatives, servants, employees, contractors, patrons, licensees, or invitees of any law, ordinance or governmental order of any kind; or when said injury or damage may in any other way arise from or out of the use or occupancy of the improvements located on the Premises of this Agreement. Section 17. Insurance. A. Lessee must secure and maintain at Lessee's expense, during the term of this agreement, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit"C," which is attached to this Agreement and incorporated in this Agreement by reference. Section 1 . No debts. LESSEE must not incur any debts or obligations on the credit each others behalf during the term of this agreement. Section 1 . Termination. A. This agreement may be terminated by mutual written consent of both parties without cause. B. if there is noncompliance with one or more of the provisions contained herein, either party may give written notice to the other party to cure or begin curing the default(s) within ten (10) days of receipt of notice. If there is not compliance or substantial compliance with each provision identified within ten (10) days of receiving said notice, the complying party may terminate this Agreement for cause by providing written notice of termination to the noncomplying party and listing one or more areas of continued noncompliance. Section 20. Notice. A. All notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; or (3) by deposit with an overnight express delivery service, for which service has been prepaid. B. 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. Notice by overnight express delivery service will be deemed effective one (1) business day after transmission to overnight express carrier. C. All such communications must only be made to the following: IF TO CITY: IF TO Lessee City of Corpus Christi Coastal Bend Friends of Aquatics Ann: Director of Park& Recreation Attn- Dorrinda. Baird-Garza P.O. Box 9277 3702 Tripoli Drive Corpus Christi,TX 78469 Corpus Christi, TX 78145 D. Either party may change the address to which notice is sent by using a method set out above.All parties will notify each other of an address change within thirty (30)days after the address is changed. Section 21. &pgrting. Lessee shall submit annual reports to the Parks Director, listing the number of participants of its swimming program, during the to of this Agreement.The reports are due by September 15th of each Agreement year. Section 22. Construction and Reconstruction Funds. A. If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the portion or portions, up to and including the entirety, of the Premises involved in the construction or reconstruction, should the director deem it necessary, upon thirty (30) days written notice from the Director. The Director, in his sole discretion, shall make the determination as to the size and dimensions of the portion or portions to be vacated with a consideration toward the safety of participants. 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. City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. 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. Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 23.Amendments. No alterations,changes,or modifications of the terms of this Agreement nor the wavier of any provision will be valid unless made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 24. 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 its rights hereunder. No waiver of any covenant or condition of this Agreement 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. 6, B. If any action by 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 or approval of the same or any other action at any other occasion. Any waiver or indulgence of Lessee's default of any provision of the Agreement shall not be considered an estoppels against the City C. 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 the City to promptly avail itself of any rights and remedies which the City may at any time avail itself of said rights and remedies or elect to terminate this Agreement on account of said default. Section 25. Force Maieure. No party to this Agreement will be liable for failures and 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 26. Assignment and Sub Agreement. This Agreement may not be, in whole or in part, assigned, transferred, or sublet directly or indirectly without the prior written consent of the City. Section 27. Publication. Lessee agrees to pay the cost of the newspaper publication of this Agreement and related ordinance as required by the City Charter. Section 28. Severab ill!y. If, for any reason, any section, paragraph, subdivision,clause, provision, phrase. or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law effective during the to of this Agreement or by a final judgment of a court competent jurisdiction,then the remainder of this Agreement, or the application of said term or provisions or circumstances other than those as to which is held illegal, invalid, or unenforceable,will not be affected hereby, for it is the definite 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 29. Participant Release forms. Lessee shall include the City of Corpus Christi, its officers, agents, employees, in the list of Released Parties on the Lessee Participant Release form. Section 30. Entire!y Clause. This Agreement 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, which reference to the subject matter hereof, 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 exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and relating to Lessees use of the Premises. 7 EXECUTED IN DUPLICATE, each of which shall be considered an original,on this the day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Ronald L. Olson, City Manager LESSEE: .z Name � Title: � � a Date: STATE OF TEXAS COUNTY OF NUECES Before me,on this day personally appeared who, by either personal knowledge or by proof of identification, is known to me to be the person whose name is subscribed to the f re going instrument and hereto ackAowle a to me that a executed the same as fore, °°' 1 � � '� or the purpose and consideration and in the capacity therein expressed. Given under my hand and seal of office this day of .. P , �. : 201 � �e oTde Notary Public, State f MICHELLE Notary State of Texas �YCommission Expires rary o ° t5 e i ` Printed Name g ATTEST: CITY OF CORPUS CHRISTI .............. ................................. Jill e b e c c a H u e rta Nelda Martinez City Secretary Mayor APPROVED THIS DAY of (J ("1 2014. 4. uc" e Buck Brice, Assistant City Attorney for City Attorney EXHIBIT A - PREMISES Parker Pool Located at Parker Park(Northwest Comer of l ro Road and raha Road) 654 Graham Road Corpus Christi, TX 7 PREMISES INCLUDE: - Fencing around the entire pool facility Pump room pump equipment inside Restroom and office building - Shade structure on pool deck . Swimming pool Al n qr qtr I , 1 / T1 n 10 EXHIBIT B DESCRIPTION OF LESSEE'S SWIM PROGRAM Coastal Bend Friends of Aquatics dba Parker Pool Patriots The organization is organized exclusively for the charitable, scientific, literary or educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or corresponding section of any future Federal tax code (hereinafter"IRC"). Coastal Bend Friends of Aquatics intends to operate Parker Pool for use with a private membership swim to as well as programs open to the public for general recreational swim. Membership in the Coastal Bend Friends of Aquatics shall be made available without regard to race, color, creed, religion, gender, or national origin. Admission to Parker Pool recreational public swim shall be made available without regard to race, color, creed, religion, gender, or national origin. The Objectives of the Parker Pool Patriots are: a. To encourage and provide swimming to the children in the local community as a healthy recreation alternative. b. To provide swimmers of all ages, the opportunity to develop skills necessary to formulate and attain their goals. c. To encourage physical fitness through training, education and competition in swimming events. d. To encourage the development of such life skills as good sportsmanship, proper or ethic, teamwork, and self-esteem, in order to provide the highest advantages in physical, mental, social, and spiritual education. e. To encourage and facilitate participation for all swirmners regardless of socio- economic background. f. Parker Pool Patriots will operate Parker Pool open to the public for general recreational swim from 12:30 - 4:30 pm Tuesdays through Saturdays, weather and conditions permitting. EXHIBIT C INSURANCE REQUIREMENTS SECTION 1. PARKER POOL TENANT'S LIABILITY INSURANCE A. PARKER POOL TENANT must not commence work under this permit until all insurance required herein has been obtained and the insurance has been approved by the City. PARKER POOL TENANT must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. PARKER POOL TENANT must furnish to the City's Risk Manager: two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must b e n amed as an additional insured for the General Liability policy, and a blanket waiver of subrogation is required on all applicable policies. ---------------- TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is Bodily Injury and Property Damage required on all certificates or by policy Per occurrence/aggregate limit endorsements Commercial General Liability including: $1,000,000 Per Occurrence I. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury/Advertising Injury Auto Liability 1. Owned Vehicles At a minimum $25,000 per person/$50,000 per 2. Hired&Non-owned Vehicles occurrence for Bodily Injury and $25,000 for property damage WORKERS' COMPENSATION Required when PARKER POOL TENANT employs any person other than himself/herself- MUST COMPLY WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION 11 OFT 1S EXHIBIT EMPLOYERS' LIABILITY 12 $500,0001$500,0001$500,000 C. In the event of accidents of any kind related to this agreement, PARKER POOL TENANT must furnish the Risk Manager with copies of all reports of any accidents within ten (10) days of the accident. D 1IONAL E __U___l__ _ NTS A. PARKER POOL TENANT must obtain workers' compensation coverage through licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. PARKER POOL TNT's financial integrity is of interest to the City; therefore, subject to PARKER POOL TANTs right to maintain reasonable deductibles in such amounts as are approved by the City, PARKER POOL TENANT shall obtain and maintain in full force and effect for the duration of this agreement and any extension hereof, at PARKER POOL TNANT's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. est's rating of no less than A- V11. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). PARKER POOL TENANT shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. PARKER POOL TENANT shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. ox 9277 Corpus Christi, TX 75469-9277 (361) 8264555- . PARKER POOL TENANT agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required rvisios: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities 13 of, or on e al o , the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance"clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (3 ) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five ( ) calendar days of a suspension, cancellation, or non-renewal of coverage, PARKER POOL TENANT shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend PARKER POOL TENANT's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of is agreement. F. In addition to any other remedies the City may have upon 's failure to provide and maintain any insurance or policy endorsements tote extent and within the time herein required, the City shall have the right to order PARKER POOL TENANT to stop work hereunder, and/or withhold any payment(s) which become due to PARKER POOL TENANT hereunder until PARKER POOL TENANT demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed s limiting in y way the extent to which PARKER POOL TENANT may be held responsible for payments of damages to persons or property resulting from PARKER POOL TENANT's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that PARKER POOL A 's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried y the City of Corpus Christi for liability arising out of operations under this contract. 1. It is understood and agreed that the insurance required is in ition to and separate from any other obligation contained in is contract. 2013 arks and Recreation Dept. PARKER POOL TENANT Lease Agreement ins. re q. 2-1 -13 ds Risk Mgmt. 14 0 06/12,121014 BAG AM 14154847068 .4 13618263864 aco CERTIFICATE OF LIABILITY INSURANCE DATE ryWDWVM MIOMIA THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION LY AND CONFERS 140 RIGHTS UPON THE CER71FICATE HOLDER.THIS CERTIFICATE T AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE O Y THE POLICIES BELOW. I S CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S ), AUTHORIZED REPRESENTATIVE OR PRODUCER, E CERTIFICATE HOLDER, I to holder Is an ADDITIONAL INSURED,the PONCY(Iss)must be andarSOIL If SUBROGATION IS WAIVED, )a to the terms and conditions of the policy,certain policies may mquire an Endorsement. A statement on this cartificale does not confer rights to the certificate holder In lieu of such andormsemann t PR Harold . la Della Insurance 361-814-5900 �11AX ,:361-814-5902 4925 Everhart Rd Suite 108 bjellaagency @yahoo.com Go Mus Christi TX 7 411 R s ® aE r RISIUAERA: Penn-A INSURED a r ols/ ill rtn a o INSMER c, 654 Graham Rd D Corpus Christi,TX 78418 E: F: COVERAGES CAT REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSUR CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED D ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR E OF I Y E Y Y OENERAL LIABILITY EACH OCOMIRENCE I s 2.000.00D A x COMMERCLAL GENERAL� I'II"Y pREM[5 s ETCTE s 1 CLAAS-MADE P111111111^'11OCCUR PAV0021634 03/14/2014 43/1412015 MEDE7IP_LA y one s 5,D00 ,. ......... PERSONAL& DVOUUFIY f 1,000.000 ...................................... GENERAL AGGREGATE i 1,000,000 G EGATFE LIMIT APPLIES PEA: p t 1-000-000 Y P ID LOG f AUIOWNLRUARKM i ml ANY AUTO BOD2LYMUURYftpw=m) S ALL OWN AUTOS E® SCHEDULED AUTOS ILY RY(Pe D HR AUTOS f i � UMBRELLA UAa OCCUR H 5TA n1 E EXCESS Lue C E AGGREGATE AND EMPLOYEW DED R BI YIN iE G 0 CE CL907 OTFM f s S i NIA E.L I s I N E.L D E•EA PLO i D OF OPERAT E.L.DISEASE-POLICY LIMIT S i DESCRPTMOFQPEUMMOILOCATtMIVEMCLES( II". v.N CERTIFICATE HOLDER CANCELLATION City of Corpus Christi SHOULD DESMSED POLICIES BE CANCELLED BEFORE E EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED 1201 Leopard ACCORDANCE E POLICY P Corpus Christi TX 78401 Fax 361-826-3W AUnIORIZED REPREBMATWE 19W201 o Il ri C ( 10 ) The ACORD e and logo are mg1stend of ACORD US 0 ITITITIT AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of June 24, 2014 Second Reading Ordinance for the City Council Meeting of July 8, 2014 xs DATE: 5/20/14 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services BarneyW@cctexas.com (361) 826-3595 Approval of agreement and appropriating ordinance to reimburse Kitty Hawk Development, Ltd., for the construction of water arterial transmission and grid main line CAPTION: Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Kitty Hawk Development, Ltd., ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $73,153.29 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Kitty Hawk Development Ltd., is required to install 1,205 linear feet of 12-inch water arterial grid main extension in order to provide adequate water to a proposed development. The site is located south of South Staples Street (FM 2444) and between Kitty Hawk Drive and County Road 41. BACKGROUND AND FINDINGS: Per Section 8.5.1.C(1) Credits and Reimbursements of the Unified Development Code ("UDC"), Kitty Hawk Development Ltd., is requesting a Reimbursement Agreement for the development of Water's Edge At Kitty Hawk Unit 1 as shown on the final plat. The subdivision is located south along South Staples Street (FM 2444) and west of Kitty Hawk Drive. The development requires the extension of 1,205 linear feet of 12-inch water arterial grid main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. The 12-inch waterline is in the Water Master Plan and as such is eligible for full reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 12-inch water arterial grid main along the south side of South Staples Street (FM 2444). Section 8.5.1.0 (1b) of the UDC states if the actual costs for installation of such arterial transmission and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot/acreage fee credits) from funds available from the Water Arterial Transmission and Grid Main Trust Fund for that portion of the arterial transmission and grid main installed by the developer. In this case, the total construction cost of the 12-inch water arterial grid main is $94,931.80 less the lot/acreage fee of $21,778.51. The developer is eligible for a maximum reimbursement of$73,153.29. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water grid main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. The proposed water grid main is consistent with the policies of Water Distribution System Standards. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Water Arterial Transmission Grid Main Trust Fund Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,836,294.30 Encumbered / Expended Amount $667,795.21 This item $73,153.29 BALANCE $ 1,095,345.80 Fund(s): Comments: Balance reflects amount for Spear Subdivision Block 1, Lot 1 reimbursement agreement. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement- Water Arterial Transmission and Grid Main Construction and Reimbursement ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH KITTY HAWK DEVELOPMENT, LTD., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $73,153.29 FROM THE NO. 4030 ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Kitty Hawk Development, Ltd., ("Developer"), for the extension of a 12-inch water arterial transmission and grid main line, including all related appurtenances, for the development of Water's Edge at Kitty Hawk Unit 1 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $73,153.29 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. 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 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: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor O Qg W R y Lo R a a O V P A � � J r I >= LLJ LU ,� 2fO 32f�, NIN z ilbi flNl' O as as s Q � - AMNd OSO S MtlHA1.1D1 hS3W3N a f J JQ 2fO H132ftlZtlN °� W Z a as Noi¢Lw � � o 0 J z V K o W W as tlutlitl� way . fN rc W I a f tl�raa II,II LL I II� WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home- rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Kitty Hawk Development, Ltd. ("Developer "), 8230 S. Staples, Corpus Christi, Texas 78413. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Water's Edge at Kitty Hawk Unit 1 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Water's Edge at Kitty Hawk Unit 1, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12-inch waterline from the existing 12-inch waterline on South Staples Street (FM 2444) for a distance of 1,205 Iinear feet in order to extend water grid main along South Staples Street (FM 2444) and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12-inch waterline on South Staples Street (FM 2444) for a distance of 1,205 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Water's Edge at Kitty Hawk Unit 1 Developer will construct the 12-inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12-inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12-inch waterline, as shown in Exhibit 3, with the following basic design: (1) Install 1,205 linear feet of 12-inch PVC waterline (including horizontal and vertical bends). (2) Install 1,205 linear feet trench safety. (3) Connect to existing 12-inch waterline (4) Install one (1) 12"x12"x8" tee. (5) Install one (1) 12"x2" service saddle. (6) Install three (3) 12" gate valves and boxes. (3) Install twenty (20) linear feet of 18" steel encasement pipe. (4) Install one (1) 12" waterline riser assembly. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. C. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12-inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12-inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the UDC for the area of the improvements for the construction of the 12-inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12-inch waterline improvements will be credited to Developer provided that an application for credit, including cost- Arterial Tran and Grid Main Reimb Agmt Waters Edge Kitty Hawk Unit 1-Kitty Hawk Nip vFinal Page 2 of 9 supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12-inch waterline and is approved. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12-inch waterline, under the approved plans and specifications, by July 8, 2015. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before July 8, 2015. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non- defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. Arterial Tran and Grid Main Reimb Agmt Waters Edge Kitty Hawk Unit 1-Kitty Hawk Dvlp vFinal Page 3 of 9 b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary `cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the Arterial Sran and Grid Main Reimb Agmt Waters Edge Kitty Hawk Unit 1-Kitty Hawk Nip Anal Page 4 of 9 other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: 2. If to the City: John Bratton, General Partner City of Corpus Christi Kitty Hawk Development LTD. 1201 Leopard Street (78401) 8230 S. Staples Street P.O. Box 9277 Corpus Christi, Texas 78413 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD-PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 12-inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Arterial Tran and Grid Main Fleimb Agmt Waters Edge Kitty hawk Unit 1-Kitty Hawk Dvlp vFinaf Page 5 of 9 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12-inch waterline improvements, not to exceed $73,153.29. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30-days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. C. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS,EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF Arterial Tran and Grid Main Reimb Agmt Waters Edge Kitty Hawk Unit 1-Kitty Hawk Nip vFinal Page 6 of 9 INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (1) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (1V) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (1) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (11) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Water's Edge at Kitty Hawk Unit 1, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. Arterial Tran and Grid Main Reimb Agrnt Waters Edge Kitty Hawk Unit 1-Kitty Hawk Nip vFina6 Page 7 of 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this ; day of ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. 2014. SIGNATURES FOUND ON PAGES 8 and 9. Developer John Bratton, General Partner Kitty Hawk Development LTD. 8230 S. Staples Street Corpus Christi, Texas 78413 By: John r atton Gen ra Partner THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by John Bratton, General Partner, f r Kitty Hawk Development LTD., and acknowledged before me on the day of 2014. � Mr I TANYA ROJAS My Commission Expires October 15,2017 a otary ublic, St at O-Prexas Arterial Tran and Grid Main fleimb Agml Waters Edge Kitty Hawk Unit 1-Kitty Hawk Dvlp vFinal Page 8 of CITY OF CORPUS CHRISTI: ATTEST: By: y: Rebecca Huerta Ronald L. Olson City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the„,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, day of„,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 2014. Notary Public, State Of Texas THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2014. Notary Public, State Of Texas day of �u�'l APPROVED AS TO FORM: This .........................,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,.. 2014. 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Said $ 73,153.29 is the construction cost,including 7.5%Engineering,in excess of the Iot/acreage fee, as shown by the cost supporting d o eats attached herewith. ohn Bratton, Owner {Date} Kitty Hawk Development, Ltd. THE STATE OF TEXAS }{ COUNTY OF NUECES )( g ,20 , This instrument was acknowledged before me on ,.. by , a Texas Corporation, on behalf of the said corpo 4Notary �E(g DIANA C RAMIREZ 7 My Comndssim ExPire>s "Nara"i1,2047 ublic in and "r Nueces unty,Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Grid and Arterial Main Trust Fund, and (b) appropriation and approval by the City Council. (� i � J. 69,14R zmz evelo pment Services Engineer ( ate) Exhibit 2 Page I of 2 APPLICATION FOR WATERLINE CREDIT I, John Bratton,owner of Kitty Hawk Development,Ltd ,owner and developer of proposed Water's Edge at Kitty Hawk Unit 1 Subdivision, hereby apply for $ 21,778.51 credit towards the water lot/acreage fee for the Grid Main as provided for by City Ordinance No. 17092. Said $ 21,778.51 is equal to the required lot/acreage fee and represents a portion of the construction cost,including 7.5%Engineering,as shown by the cost supporting documents attached herewith. J Bratton, Owner (Date) Kitty Hawk Development, Ltd. THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on iQ by tJ a Texas Corporation, on behalf of the said corporation. DIANA C RAMIREZ My Commission Expires Notary Public in and for Nueces 66y,Texas pt ass 1 November 11,2011 Exhibit 2 Page 2 of 2 IIIIIIIIIIIIIIIII o 0 0 z o II1% N ( N N w N M z�. 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III 0 N Q - cn uuuuul llll� �I NI w � g z w �:... �n oa aan si N - W W N : W K° X U w - V) - in F — W O w 0Z w Iw d W X : X - } W C-4 W X111 a�-a 3n a[ Q Q o O 3 W > Q x U) wl p N - Q H wl N LLI O ICI' w 0 �I : d O N zl _ O D I O cn x N O cil - m w w N, _ N U z a I I (n -_ �... w Z Z � Z .:1 1111111 1 g w o I g "''11111111 N Z 8—d 3NI�H�lbW a —8 3NI�H�1dW a U) a — a W W O r W W y uuuuuuumu" umpppll o w w� ®Z 3 ®Z z ®Z z �- <®Z z w w w �� w WATER'S EDGE AT KITTY HAWK UNIT 1 SCALE. AS NOTED WATERLINE CREDIT AND REIMBURSEMENT DRAWN BY: dip DESIGN MEMORANDUM APPROVED BY: PDV DATE: r% APRIL 2014 JOB NO. NO. DATE REVISIONS engineering-surveying 403-12048-1 TBPE FIRM REG. NO. F-2037 WATERLINE CONSTRUCTION SCHEMATIC SHEET NO. 38 RVE, Inc. Engineering—Surveying P.O.Box 2927,Corpus Christi,Texas 78403 820 Buffalo St., Corpus Christi,Texas 78401 phone: 361.887.8851 fax: 361.887.8855 e—mail:rve @rve—inc.com .w rve—inc.com Exhibit 3 WATER'S EDGE at KITTY HAWK UNIT 1 UNIT PRICE BASIS OF BID PART A-GENERAL ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT Al General,Mobilization&De-Mobilization,complete and in place per Lump Sum.(May not exceed 5%of 1 LS $ 106,000.00 $ 106,000.00 Total Base Bid A2 Payment&Performance Bonds 1 LS $ 38,000.00 $ 38,000.00 A3 Storm Water Pollution Prevention Plan,complete and in place per Lump Sum. 1 LS $ 1,300.00 $ 1,300.00 A4 Ozone Action Days,complete and in place per Day. 1 DAY $ 1,000.00 $ 1,000.00 A5 Construction Entrance 2 EA $ 2,000.00 $ 4,000.00 A6 Silt Fence,complete and in place per Linear Foot 7,060 LF $ 2.80 $ 19,768.00 TOTAL PART A-GENERAL $ 170,068.00 PART B-EARTHWORK ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT B1 Proof-rolling,complete and in place per Acre. 43.6 AC $ 240.00 $ 10,464.00 B2 Concrete Lake Edging,complete and in place per Cubic Yard. 383 CY $ 207.00 $ 79,281.00 B3 Rock Riprap in Lake,complete and in place per Cubic Yard. 1,160 CY $ 138.00 $ 160,080.00 B4 Geotextile Fabric,complete and in place per Square Yard. 3,800 SY $ 3.35 $ 12,730.00 B5 Street Excavation(2'B.O.C.),Place As Embankment on Unit 1 and Future Lots,complete and in place per 4,030 CY $ 4.95 $ 19,948.50 Cubic Yard. B6 Lake Excavation,Place As Embankment on Unit 1&Future Lots,complete and in place per Cubic Yard. 152,500 CY $ 3.40 $ 518,500.00 B7 Site Grading,complete and in place per Acre. 43.6 AC $ 1,395.00 $ 60,822.00 TOTAL PART B-EARTHWORK $ 861,825.50 PART C-STREET IMPROVEMENTS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT C] Lime Stabilized Subgrade(2'B.O.C.),complete and in place per Square Yard. 10,491 SY $ 7.05 $ 73,961.55 C2 Limestone Base(Lip to Lip),complete and in place per Square Yard. 8,471 SY $ 15.35 $ 130,029.85 C3 Prime Coat(0.2 Gallons/SY),complete and in place per Gallon. 1,694 GAL $ 5.40 $ 9,147.60 C4 2"Type D'HMAC,complete and in place per Square Yard. 8,386 SY $ 15.60 $ 130,821.60 C5 6"Curb and Gutter(Incl.Limestone Base Beneath Curb to 2'B.O.C.),complete and in place per Linear 5,021 LF $ 23.70 $ 118,997.70 Foot. C6 4'Concrete Sidewalk,complete and in place per Square Foot. 18,215 SF $ 4.75 $ 86,521.25 C7 6'Concrete Park Sidewalk,Block 3,Lot 2,complete and in place per Square Foot. 4,000 SF $ 4.85 $ 19,400.00 CS Curb Ramp,complete and in place per Square Foot. 1,985 SF $ 10.00 $ 19,850.00 C9 Stop Sign(36"),complete and in place per Each. 2 EA $ 385.00 $ 770.00 C10 Raised Reflective Pavement Markings(TYB-B-B)Blue,complete and in place per Each. 4 EA $ 13.00 $ 52.00 TOTAL PART C-STREET IMPROVEMENTS $ 589,551.55 LEGAL DESCRIPTION: Water's Edge at Kitty Hawk Unit 1,being 30.293 acres out of a 289.061 acre tract of land out of the South Half of Section 31 and the North Half of Section 32,Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas. Engineering-Surveying RVE, Inc. TBPE Firm Reg.No.F-2037 820 Buffalo St.,Corpus Christi,Texas 78401-2216 P.O.Box 2927,Corpus Christi,Texas 78403-2927 phone: 361.887.8851 fax: 361.887.8855 e-mail:rve @rve-inc.com website: www.rve-inc.com Exhibit 4 Page 1 of 5 WATER'S EDGE at KITTY HAWK UNIT I UNIT PRICE BASIS OF BID PART D-DRAINAGE IMPROVEMENTS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT DI 18"Class IQ RCP,complete and in place per Linear Foot. 430 LF $ 48.60 $ 20,898.00 D2 24"Class IQ RCP,complete and in place per Linear Foot. 586 LF $ 75.80 $ 44,418.80 D3 30"Class IQ RCP,complete and in place per Linear Foot. 225 LF $ 81.85 $ 18,416.25 D4 5'x 2'Lake Outfall Concrete Box Culvert,complete and in place per Linear Foot. 560 LF $ 230.30 $ 128,968.00 D5 Trench Safety For Excavations,complete and in place per Linear Foot. 1,200 LF $ 2.55 $ 3,060.00 D6 T Manhole with 24"R&C,complete and in place per Each. 4 EA $ 2,780.00 $ 11,120.00 D7 Manhole Trench Safety,complete and in place per Each. 4 EA $ 200.00 $ 800.00 D8 Curb Inlet,complete and in place per Each. 12 EA $ 2,760.00 $ 33,120.00 D9 RCP Outfall Structures,complete and in place per Each. 4 EA $ 2,820.00 $ 11,280.00 D10 Concrete Overflow Channel(Including Trench Grates),complete and in place per Linear Foot. 280 LF $ 77.70 $ 21,756.00 D11 Intake Structure(Including Grate Inlet),complete and in place per Each. 1 EA $ 26,400.00 $ 26,400.00 D12 Curb Inlet/Junction Box E-1 and E-2,complete and in place per Each. 2 EA $ 7,950.00 $ 15,900.00 D13 Channel Outfall Structure,complete and in place per Each. 1 EA $ 20,600.00 $ 20,600.00 D14 Flap Gates,complete and in place per Each. 5 EA $ 2,310.00 $ 11,550.00 D15 18"Class In Water's Edge Drive RCP,complete and in place per Linear Foot. 86 LF $ 65.40 $ 5,624.40 D16 Type II Precast Safety End Treatment,complete and in place per Each. 2 EA $ 1,550.00 $ 3,100.00 D17 Concrete Valley Gutter/Street,complete and in place per Square Foot. 624 SF $ 15.35 $ 9,578.40 D18 Limestone Base for Valley Gutter/Street,complete and in place per Cubic Yard. 21 CY $ 165.00 $ 3,465.00 D19 Cement-Stabilized Sand Backfill(System E),complete and in place per Cubic Yard. 116 CY $ 54.50 $ 6,322.00 D20 Rock Riprap at Inlets E-1&E-2,complete and in place per Cubic Yard. 36 CY $ 128.00 $ 4,608.00 D21 Rock Riprap in Channel,complete and in place per Cubic Yard. 165 CY $ 95.00 $ 15,675.00 TOTAL PART D-DRAINAGE IMPROVEMENTS $ 416,659.85 LEGAL DESCRIPTION: Water's Edge at Kitty Hawk Unit 1,being 30.293 acres out of a 289.061 acre tract of land out of the South Half of Section 31 and the North Half of Section 32,Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas. Engineering-Surveying RVE, Inc. TBPE Firm Reg.No.F-2037 820 Buffalo St.,Corpus Christi,Texas 78401-2216 P.O.Box 2927,Corpus Christi,Texas 78403-2927 phone: 361.887.8851 fax: 361.887.8855 e-mail:rve @rve-inc.com website: www.rve-inc.com Exhibit 4 Page 2 of 5 WATER'S EDGE at KITTY HAWK UNIT 1 UNIT PRICE BASIS OF BID PART E-WATER IMPROVEMENTS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT E1 8"C900 PVC Waterline,complete and in place per Linear Foot. 1,600 LF $ 42.20 $ 67,520.00 E2 8"Ductile Iron Pipe(Incl.Hot.And Vert.Bends),complete and in place per Linear Foot. 160 LF $ 159.75 $ 25,560.00 E3 KxKx8"Tee,complete and in place per Each. 1 EA $ 830.75 $ 830.75 E4 8"x8"x6"Tee,complete and in place per Each. 1 EA $ 766.85 $ 766.85 E5 8"Gate Valve&Box,complete and in place per Each. 5 EA $ 2,044.90 $ 10,224.50 E6 8"90°Bend,complete and in place per Each. 1 EA $ 639.05 $ 639.05 E7 8"M7 Cap,complete and in place per Each. 2 EA $ 319.50 $ 639.00 ES 6"C900 PVC Waterline,complete and in place per Linear Foot. 820 LF $ 35.80 $ 29,356.00 E9 6"Ductile Iron Pipe(Incl.Hot.And Vert.Bends),complete and in place per Linear Foot. 40 LF $ 127.80 $ 5,112.00 E10 6"Gate Valve&Box,complete and in place per Each. 2 EA $ 1,661.50 $ 3,323.00 Ell 6"22.5°Bend,complete and in place per Each. 1 EA $ 511.25 $ 511.25 E12 6"45°Bend,complete and in place per Each. 1 EA $ 511.25 $ 511.25 E13 2"HDPE Waterline,complete and in place per Linear Foot. 675 EA $ 20.45 $ 13,803.75 E14 8"x 2"Service Saddle,complete and in place per Each. 2 EA $ 287.55 $ 575.10 E15 6"x 2"Service Saddle,complete and in place per Each. 1 EA $ 255.60 $ 255.60 E16 2"Corporation Stop,complete and in place per Each. 4 EA $ 447.35 $ 1,789.40 E17 Fire Hydrant Assembly(Incl.6"x6"Tee,6"GV&B and 6"D.I.Lead),complete and in place per Each. 4 EA $ 6,134.75 $ 24,539.00 LIS New Short Single Water Service(Incl.Meter Box,but No House Connection/Meter),complete and in place 1 EA $ 1,150.25 $ 1,150.25 per Each. E19 New Short Double Water Service(Incl.Meter Box,but No House Connection/Meter),complete and in place 6 EA $ 1,597.60 $ 9,585.60 per Each. E20 New Long Double Water Service(Incl.Meter Box,but No House Connection/Meter),complete and in place 7 EA $ 1,725.40 $ 12,077.80 per Each. E21 6"Waterline Riser Assembly,complete and in place per Each. 1 EA $ 511.25 $ 511.25 TOTAL PART E-WATER IMPROVEMENTS $ 209,281.40 LEGAL DESCRIPTION: Water's Edge at Kitty Hawk Unit 1,being 30.293 acres out of a 289.061 acre tract of land out of the South Half of Section 31 and the North Half of Section 32,Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas. Engineering-Surveying RVE, Inc. TBPE Firm Reg.No.F-2037 820 Buffalo St.,Corpus Christi,Texas 78401-2216 P.O.Box 2927,Corpus Christi,Texas 78403-2927 phone: 361.887.8851 fax: 361.887.8855 e-mail:rve @rve-inc.com website: www.rve-inc.com Exhibit 4 Page 3 of 5 WATER'S EDGE at KITTY HAWK UNIT 1 UNIT PRICE BASIS OF BID PART F-OFF-SITE WATER IMPROVEMENTS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT Fl 12"C900 PVC Waterline(Incl.Horizontal and Vertical Bends),complete and in place per Linear Foot. 1,205 LF $ 56.25 $ 67,781.25 F2 Trench Safety for Excavations,complete and in place per Linear Foot. 1,205 LF $ 2.55 $ 3,072.75 F3 Connect to Existing 12"Waterline,complete and in place per Each. 1 EA $ 2,556.15 $ 2,556.15 F4 12"x 12"x8"Tee,complete and in place per Each. 1 EA $ 1,086.35 $ 1,086.35 F5 12"x 2"Service Saddle,complete and in place per Each. 1 EA $ 1,022.45 $ 1,022.45 F6 12"Gate Valve&Box,complete and in place per Each. 3 EA $ 2,683.95 $ 8,051.85 F7 20"Steel Encasement Pipe,complete and in place per Linear Foot. 20 LF $ 127.80 $ 2,556.00 FS 12"Waterline Riser Assembly,complete and in place per Each. 1 EA $ 766.85 $ 766.85 TOTAL PART F-OFF-SITE WATER IMPROVEMENTS $ 86,893.65 SUMMARY A General Total $ 170,068.00 B Earthwork Total $ 861,825.50 C Street Improvements Total $ 589,551.55 D Drainage Improvements Total $ 416,659.85 E Water Improvements Total $ 209,281.40 F Off-Site Water Improvements Total $ 86,893.65 TOTAL BASE BID(PARTS A THRU F)-WATER'S EDGE AT KITTY HAWK UNIT 1 $ 2,334,279.95 LEGAL DESCRIPTION: Water's Edge at Kitty Hawk Unit 1,being 30.293 acres out of a 289.061 acre tract of land out of the South Half of Section 31 and the North Half of Section 32,Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas. Engineering-Surveying RVE, Inc. TBPE Firm Reg.No.F-2037 820 Buffalo St.,Corpus Christi,Texas 78401-2216 P.O.Box 2927,Corpus Christi,Texas 78403-2927 phone: 361.887.8851 fax: 361.887.8855 e-mail:rve @rve-inc.com website: www.rve-inc.com Exhibit 4 Page 4 of 5 12" WATER MAIN EXTENSION COST ESTIMATE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 12"C900 PVC Waterline(Incl.Horizontal and Vertical Bends), 1 complete and in place per Linear Foot. 1,205 LF $ 56.25 $ 67,781.25 2 Trench Safety for Excavations,complete and in place per Linear Foot. 1,205 LF $ 2.55 $ 3,072.75 3 Connect to Existing 12"Waterline,complete and in place per Each. 1 EA $ 2,556.15 $ 2,556.15 4 12"x12"x8"Tee,complete and in place per Each. 1 EA $ 1,086.35 $ 1,086.35 5 12"x 2"Service Saddle,complete and in place per Each. 1 EA $ 1,022.45 $ 1,022.45 6 12"Gate Valve&Box,complete and in place per Each. 3 EA $ 2,683.95 $ 8,051.85 7 18"Steel Encasement Pipe,complete and in place per Linear Foot. 20 LF $ 127.80 $ 2,556.00 8 12"Waterline Riser Assembly,complete and in place per Each. 1 EA $ 766.85 $ 766.85 9 Payment Bond 1 LS $ 1,415.00 $ 1,415.00 Sub-Total-12"Water Main Extension $ 88,308.65 7.5%Engineering Fee $ 6,623.15 TOTAL - 12" Water Main Extension $ 94,931.80 Lot/Acreage Fee(See Exhibit 2a-Application for Waterline Credit) $ 21,778.51 Waterline Reimbursement(See Exhibit 2b-Application for Waterline Reimbursement) $ 73,153.29 LEGAL DESCRIPTION: Water's Edge at Kitty Hawk Unit 1,being 30.293 acres out of a 289.061 acre tract of land out of the South Half of Section 31 and the North Half of Section 32,Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas. Engineering- Surveying RVE, Inc. TBPE Firm Reg. No. F-2037 820 Buffalo St., Corpus Christi, Texas 78401-2216 0 P.O. Box 2927, Corpus Christi, Texas 78403-2927 phone: 361.887.8851 0 fax: 361.887.8855 e-mail: rve @rve-inc.com website: www.rve-inc.com Exhibit 4 Page 5 of 5 City of Corpus Christi,Texas Department of Development Services P.O.Box as 77 City of Corpus Christi,Texas 78469-9277 (361)826-3240 Coypus Located at: 2406 Leopard Street Chl 1�7t1 (Comer of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: Kitty Hawk Development, Ltd. STREET: 8230 Staples Street CITY: Corpus Christi ZIP: 78413 FIRM is: ❑Corporation ■❑ Partnership ❑ Sole Owner ❑Association ❑Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) N/A N/A 2. State the names of each `official' of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: John Bratton Title: Owner (Print) c Signature of Certifying Person: 4M Date: KADEVELOPMENTSVCSISHARED\L.4VD DEVELOPMENT ORDINANCE ADM INISTRATION\APPLICATION PORMSTORMS AS PER LEGAC2012\DISCLOSURE OF LNTERESTS STATEMENT 1.27.12.DOC Exhibit 5 Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant'. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Exhibit 5 Page 2 of 2 d AGENDA MEMORANDUM MaaP© a,EO First Reading Ordinance the City Council Meeting of June 24, 2014 1852 Second Reading Ordinance for the City Council Meeting of July 8, 2014 DATE: June 10, 2014 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp @cctexas.com FROM: Roland Mower, President/CEO (361) 882-7448 rcmower@ccredc.com Type A Loan to Solid Rock Commercial Properties CAPTION: Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Solid Rock Commercial Properties, Ltd. ("Solid Rock") to provide an interest-free loan of up to $1,497,000 payable in 10 years, to expand Junior Beck Drive to Old Brownsville Road and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Solid Rock Business Incentive Agreement; and appropriating $1,497,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Solid Rock and changing the FY 2013-2014 operating budget, adopted by Ordinance No. 029915, by increasing proposed expenditures by $1,497,000. PURPOSE: The loan will be used to extend Junior Beck Drive to Old Brownsville Road and double the size of the industrial park. BACKGROUND AND FINDINGS: The Industrial Technology Park was developed in 1980 by an organization called the Corpus Christi Industrial Foundation (CCIF), which was a private group that tried to assist the City's Business Development Office. This was before the EDC was created in 1986. The EDC took over the function of the City's business development efforts. The perceived need at the time was for ready-to-build industrial sites, so local banks funded the land purchase and development for the non-profit. The first sale was to Harris Corp., a manufacturer of small motors for electrical appliances. Harris Corp changed its mind on the project and never started, so the CCI F bought the property back because it did not want a vacant tract in front held by someone for speculative purposes. Due to the economic downturn in the 1980's, lot sales were slow. The project took about 20 years to pay off the bank financing. Although the original plan was to construct a Phase 11 extending Junior Beck Drive to Old Brownsville Rd, that never materialized due to the slow lot sales, the extended financing period, and the conflict between wanting to hold parcels for a technology related company to attract to Corpus Christi and the need to liquidate the lot inventory to pay off the bank loans. The main street was re-named after the owner of one of the main construction contractors at that time, O. J. Beck & Sons, passed away suddenly about the time the project was completed. O.J. Beck had been a key player in economic development and the CCIF in those days. Solid Rock Commercial Properties acquired the property in 2001. In 2005 McTurbine Inc. was searching for a location. came to us for a new site at this point it was their last effort in keeping the company in Corpus versus moving to San Antonio Solid Rock preceded with development and gained approval to extend Junior Beck an additional 300'. During that time Allis Chalmers Energy saw the development and put in a request for a new building, for a new company that was going to be moved to the City. So by the completion of these two developments Solid Rock had helped one company stay in Corpus while bringing another in. In 2009 Allis Chalmers Energy, now Great White, wanted to bring in another division of its company and wanted the facility to be located adjacent to their existing facility. Solid Rock submitted a request to extend Junior Beck and given the approval for another additional 300'. As of today all four lots that were available have been developed with companies from outside our region. Today the tenants include: Time Warner, McTurbine, Andrews Distributing, Cintas, Carrier Air Conditioning Sales & Distribution, Blue Bell Creameries, Ferguson Enterprises, Air Liquide, and Great White. Solid Rock Commercial Properties owns the rest of the land from McTurbine to Old Brownsville Road. The approved wastewater master plan shows a wastewater trunk line extending south along the Old Brownsville Road to a point which would then extend west along the extension of West Point Road to a proposed lift station. From the proposed lift station a force main would then be constructed from the lift station out to Old Brownsville Road to Holly Road and connect to an existing manhole in Holly Road. Platting requirements for this property will include the construction of the wastewater facilities in compliance with the approved master plan. These improvements would be eligible for 100% reimbursement from the trust fund. The balance in the trust fund would be inadequate to fund a project of this magnitude; therefore, due to the expense and distance of the required sewer line extension the developer will have the option to request a wastewater fee exemption and use septic systems for the development. The developer has not indicated the intended method of providing sewer service. In researching this loan we found that the Type A Board in Wichita Falls does many loans. A loan is backed by a Letter of Credit so the Corporation is covered, it provides funds for infrastructure projects that may not get completed without the loan, and the Corporation receives its money back for future projects. ALTERNATIVES: The Type A Board approved a loan; they could have approved a grant or denied the grant request. There are no other programs that can get the road OTHER CONSIDERATIONS: The current industrial park has property appraised at $66.6 million and the companies in the industrial park have 490 jobs. Doubling the industrial park should double these numbers and result in an increase in taxable value and permanent jobs that will equal what is currently in place. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ 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 1 1,497,000 (17497,000) 0 BALANCE 174977000 (174977000) 0 Fund: Type A fund 1140 Comments: The loan will be disbursed in this fiscal year. The repayment will occur over 10 years with required annual payments and/or when portions of the street are zoned. The loan may be paid off early if the entire length of the street is zoned before 10 years. RECOMMENDATION: CCREDC presents this item while operating under the supplemental contract. This item was not presented to our Board for approval. LIST OF SUPPORTING DOCUMENTS: Type A Agreement Project Service Agreement Page 1 of 2 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Solid Rock Commercial Properties, Ltd. ("Solid Rock") to provide an interest-free loan of up to $1,497,000 payable in 10 years, to expand Junior Beck Drive to Old Brownsville Road and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Solid Rock Business Incentive Agreement; and appropriating $1,497,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Solid Rock and changing the FY 2013-2014 operating budget, adopted by Ordinance No. 029915, by increasing proposed expenditures by $1,497,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That a Business Incentive Agreement between the Corpus Christi Business and Job Development Type A Corporation and Solid Rock Commercial Properties, Ltd. ("Solid Rock") providing an interest-free loan of up to $1,497,000 payable in 10 years, to expand Junior Beck Drive to Old Brownsville Road as approved by the Type A Corporation is further approved. The City Manager or his designee is authorized to sign a Business Incentive Project Service Agreement with the Type A Corporation implementing and administering the loan. SECTION 2. That $1,497,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund is appropriated for a business incentive loan from the Type A Corporation to Solid Rock to expand Junior Beck Drive to Old Brownsville Road. SECTION 3. That Ordinance No. 029915, which adopted the FY 2013-2014 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $1,497,000 for a business incentive loan from the Type A Corporation to Solid Rock to expand Junior Beck Drive to Old Brownsville Road. 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 vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott ORDINANCE Solid Rock 05 23 14 Page 2 of 2 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 th day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor ORDINANCE Solid Rock 05 23 14 Performance Agreement between the Corpus Christi Business and job Development Corporation ,and Solid Rock Commercial Properties, Ltd. This Performance Agreement ("A.reenient") is entered into on g 2014, by and between the Corpus Christi Business and Job Developrnent Corporation ("CoMoration") and Solid Rock Commercial Properties, Ltd. ("Developer"). WHEREAS, the Texas Legislature in Section 4A of Article 51 0,6, Vernon's Texas Revised Civil Statutes (,Development Corporation Act of 1979), now codified as Subtitle Cl, Title 12, Texas Local Government Code, ("the Act"),empowered local communities with the ability to adopt all optional local sales and use tax as a rneans of improving the economic health and prosperity of their citizens; WHEREAS, can November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council arid filed with the State Comptroller of Texas,effective April 1,2100 , to be administered by the Corpus Christi Business and Job Development,Corporation Board, WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi,Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on October 18, 2010, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on Novernber 9, 2010; WHEREAS, the Act (particularly, Section 501.155, as amended, Texas Local Govermllent Code) and its own bylaws authorize the Corporation to inake a secured Or Unsecured loan to a User such as Developer, for the purpose of providing temporary or pertuanent financing, at terms deemed advisable by the Board, of all or as part of the cost of a project that will further the economic growth of the City through the creation of jobs; WHEREAS, Section 501,073, as amended, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Developer desires to develop the property described in Exhibit "A" ('the Property"), including construction of an extension of Junior B,eck Drive to Old Brownsville Road (the "Project"'), in order to create local jobs; WHEREAS, at Developer's request, Corporation agrees to make as loan to Developer in an amount tip to $1,497,000 (the "Loan"') to fund the cost and expense of(lie Project, which Developer estimates will cost $1,497,000 as shown in the Project, Description, Exhibit "B" to tile Agreement; Whereas, Developer will secure the Loan with a guaranteed note to the Corporation, such obligation to be further secured by an approved letter of credit. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Developer agree as follows: I Eflicfive Date, The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Tenn. The term of this Agreement is for ten years beginning on the effective date. 1 Loan,. a. Subject to the terms of the Act, the voter approval, the Corporation's articles, of incorporation, bylaws, and guidelines, Corporation will loan at (so long as there exists no event of default, as specified in Section 10 hereof) zero, percent (0.00%) interest to Developer Lip to the total sung of $1,497,000 (which loan of funds, represents the Loan). 'rhe: Loan payments will be released after approval by Developer, the Board and the City and execution by the Developer and Board. Funding pursuant to this Loan shall not occur until after Developer's execution of the attached Note, Exhibit "C" and the third party issuer execution of the attached Letter of Credit, Exhibit "D" in substantially similar form, The Note and other Loan documentation shall not contain any prepayment penalties. The amount of the Letter of Credit when issued or extended shall be in an amount of equal to the then current balance of the Loan on the date of the issuance or extension. b. The prqject design and the design of all of the infrastructure improvements within the Property must meet City's ri-tinitnUm design standards in compliance with the City's Uniform Development Code and as outlined by the latest version of the City Infrastructure Design Manual issued by the City Engineer. The Developer must submit to the City's Development Services Department road and utility designs, plans, and specifications, stamped and sealed by Developer's Texas licensed and registered engineer. The Developer must obtain the City's written authorization to proceed before beginning construction. Construction of the Project and all related improvements, infrastructure and Rights of Way that meet the above standards Must be completed and conveyed to the City at no cost within one year of the Effective Date. Developer is responsible for paying City development permit fees and is solely responsible for all Pro�iect, costs, utility construction, and cost overruns. c. An annual payment will be due from the Developer every year on December 3 1", beginning on December 31, 2015. Each annual Loan payment will be in an amount of not less than one-ninth of the total Loan amount. d. As a requirement for platting any of the Property adjacent to the newly constructed Project road, Developer will reimburse Corporation a percentage 2 of the total Loan based upon the road frontage of the platted property in comparison to total new road frontage within 60 days of the plat approval. The amount of the reimbursement will be credited towards the annual Loan payment. If there is a surplus, the SUII-)ILIS will be credited towards future year's Loan payments. e. If Developer sells, all or the remainder of the Property, which sale must first be approved by the Corporation, the outstanding amount of the Loan will become due immediately unless the buyer succeeds to Developer's obligations under this Agreement (which succession shall be subject to approval by the Corporation in its sole discretion), f. Upon the end date of this Agreement, the outstanding amount of the Loan, if any, will be due immediately. 4. Warranties. Developer warrants and represents to Corporation the following: a. Developer is a partnership duly organized, validly existing, and in good standing under the laws of the State of Texas, has all power and authority to carry on its business as presently conducted in the City, b. Developer has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. C. Developer has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and alll. Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Developer has received a copy of the Act and the Ordinance of the City calling the election at which the imposition and collection of the sales tax, the proceeds from which will fund the Loan, and acknowledges that the funds loaned in this Agreement must be utilized solely for purposes authorized under State law, in accordance with the provisions, of the aforementioned election, and by the terms of this Agreement. C. The person executing this Agreement on behalf of Developer is duly authorized to execute this Agreement on behalf of Developer. f. Developer does not and agrees that it will not knowingly employ an undocumented worker. ff, after receiving payments under this Agreement, Developer is convicted of a violation under §U. .C. Section 1324a(f), Developer shall repay the payments received Linder this Agreement to the City, with interest at the Default Rate, not later than the 1201h (lay after the date Developer has been notified of the violation. 3 5. Compliance with Laws. During the .perm of this Agreement, Developer shall observe and obey all applicable laws, ordinances, regulations, and rules of the federal, state, county, and city governments. 6,. Non-Disc rintination. Developer covenants and agrees that Developer will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 7. Force Majeure. If the Corporation or Developer are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Developer are temporarily suspended during continuation of the force majeUre. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeUre as soon as possible after the occurrence of the cause or causes relied upon. & Assignment. Developer may not assign all. or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City, Any attempted assigru-nent without approval is void, and constitutes a breach of this Agreement. 9. Indemnity. Developer shall fully indemnify, defend, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of' personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Developer activities conducted under or incidental to this Agreement., including any in ry, loss or' Yu damage caused by the sole or contributory negligence of any or all q1' the Indemnitees. Developer must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges ref attorneys and all other cost and expenses pf any kind arising from the liability, damage, loss, claims,, demands, or actions. 10. Events QI'Defilult ky Developer. The following events constitute a default of this Agreement by Developer: I 91. The Corporation or City determines that any representation or warranty on behalf of Developer contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; 4 K Any judgment is assessed against Developer or any attachment or other levy against the property of Developer with respect to a claim remains unpaid, Lindischarged, or not dismissed for a period of 120 days; provided, however, if Developer diligently contests or appeals any such action and judgment, attachment or levy and as a result of such contest or appeal it does not adversely affect the Project, then it shall [lot be considered a default of this Agreement. C. Developer makes an assignment for the benefit of creditors. d. Developer files a petition in bankruptcy, or is adjudicated insolvent or bankrupt, e. If taxes owed by Developer become delinquent, and Developer faits to timely and properly follow the legal procedures for protest or contest and the taxes constitute a lien against the property which is a part of the Project. f. Developer changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 9. Developer fails to comply with one or more terms of this Agreement. I L Notice (#'Deftiulf; D4iiulf hiterest. Should the Corporation or City determine that Developer is in default according to the terms of this Agreement, the Corporation or City shall notify Developer in writing of the event of default and provide 60 days frorn the date of the notice ("Cure Period") for Developer to cure the event of default. For so long as there exists a default (or an event of default has occurred), the unpaid Loan amounts shall bear interest at the Prime Rate published by the Wall Street Journal (the "Default Rate"). 12, Results (.)J' Uncured De ftiulf by Dei)elolmi% After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Developer, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure, Period. a. Developer shall immediately repay all funds paid by Corporation to there under this Agreement. b. Developer shall pay Corporation reasonable attorney fees, and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Developer of all sums due, the Corporation and Developer shall have no further obligations to one another under this Agreement. d. Neither the City, the Coil-)oration, nor Developer may be held liable for any consequential damages. 5 13, No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement,justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. C. Any waiver or indulgence of Developer's default inay not be considered all estoppel against the Corporation. d, It is expressly understood that if at any thne Developer is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 14. Developer specifically agrees that Corporation shall only be liable to Developer for the actual amount of the money loaned to eveloper, as specified in Section 3 hereof and shall not be liable to Developer for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Funding of the Loan by Corporation is strictly limited to those Corporation funds (i) not otherwise encumbered by any lien, pledge, or covenant granted by the Corporation as security or assurance of payment of Corporation's outstanding obligations (including bonded indebtedness); (ii) lawfully available to be used for such purpose, and (iii) so allocated, budgeted, and collected solely during the term of or otherwise available at the inception of this Agreement. Corporation shall use its best efforts, to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual amount of unencumbered sales tax revenue of the Corporation from which the Loan shall be made collected for any one year be less than the total amount: to be paid to all contracting parties with Corporation for that year (other than those to whore payment if full of amounts at such time due find owing is guaranteed), then in that event, all such contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and USUM costs and expenses, as compared to each contracting parties' amount for that year, and Corporation shall not, be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request frorn Developer to be accompanied by all necessary supporting documentation. 15. The parties Mutually agree and understand that funding Linder this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding 6 must be included in the budget for that year; and the funding is not effective until approved by the City Council. 16, Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Developer- Solid Rock Commercial Properties, Ltd. Attn: General Partner—Adriana Ortiz 1.02 Airport Road Corpus Christi TX 78405 Cc. Raul.Ortiz 6530 Lens Corpus Christi,TX 78414 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: President 1201. Leopard Street Corpus Christi,Texas 78401 b, A copy of all notices, and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi,Texas 78469-9277 C. Notice is effective upon deposit in the United States mail in the manner provided above. 17. Amendtitents or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements oil behalf of each party. 18. Relationshil) of Parties. In performing this Agreement, both the Corporation and Developer will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another, The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 19. Cal)1ions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 20, Severability, 7 a. If for any reason, any section, paragraph, Subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement 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 Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its Purpose. K To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the tears of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible: and be legal, valid, and enforceable, will be added to this Agreement automatically. 21. Venue, Venue for any legal action related to this Agreement is in Nueces County, Texas. 22, Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Developer. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 21 Survival qJ' terms of' Agreenient and obligations of parties. The terms of this Agreement and the obligation of the parties shall survive the termination of this A o -ernent, c k C n Solid R ck omniercial Proper6d, Ltd. B y Robert Tamez, Board Chair Corpus Christi Business and Job Development Corporation Approved as to Dorm Corporation Legal Counsel EXHIBIT A Property See surveyor report starting on the next page. 9 STATE OF TEXAS COUNTY OF NUECES 47.543 ACRES TRACT OF LAND OUT LOTS 12 AND 13,SECTION NO.5.RANGE V111,GUGENTIEIM&COITN'S FARM LOTS Field notes of the survey of a 47.625 acres tract of land,being the remainder of a 66.8839 acres tract of land conveyed to Solid Reek Commercial Properties.Ltd.by Deed recorded in Clerk's File No.200404,0019 of the Official Public Records of Nueces County,Texas-, Said 47.543 acres tract being out of Lots 12 and 13,Section No..5,Range VIII of the Gugenheim&Colin's Farm Lots,recorded in Volume"A",Page 53 of the Map Records of Nueces County,'Texas„ Said 47.543 acres tract is comprised of a portion of the E.Villareal Survey,Abstract 1,is located adjacent to and north of Old Brownsville Road,within the City of Corpus Christi,in Nueces County,Texas,and is d mwribed by metes and bounds as follows; I BEGINNING at a 518­iron rod found in a curve to the left in the northwest line of the 120-foot right-of-way of F.M. Highway 665,aka Old Brownsville Road,in the east line of said Lot 13,at the southwest comer of Lot 9A of the Brown-Lex Tracts subdivision, recorded in Volume 52,Page 130 of the Map Records of Nucces County,Texas;and the easterly southeast corner of said 66.8839 acres tract,for the easterly southeast comer of this tract; Thence along said curve to the left,the northwest line of said F,M Highway 665,tile! easterly southeast line of said 66.8839 acres tract,and the easterly southeast line of this tract, an arc distance of 257.53) feet(,said curve having a radius of 5789,65 feet and a chord bearing S 46°24"5l"W a distance of'257.51 fieet)to a called concrete monument(not found)at all angle corner of said right-of-way,and art angle comer of said 66.8839 acres tract,for an angle comer of this tract; Thence S 47'31'[1.3'"W along said northwest right-of-way line,the westerly southeast line ofsaid 66.8839 acres tract and the westerly southeast I inc of this tract,a distance of 859.22 fect,(called 548'58'3 I"W,859.22 )to a called 518"iron rod(not found)at the southeast corner of a 50-foot railroad right-of-way recorded in Volume 295,Page 499 of the Deed Records of Nueces County,Texas;at the most southerly Comer of said 66.8839 acres tract,for the most southerly corner of this tract, Thence N 309142'l09'"W along the northeast line of said 50-foot right-ol'-way,the southwest line of said 66,8839 acres tract,and the southwest line of this tract,a distance of 10)38.61 feet(called N29'I 5*14"W, 1038.68r)to a 518"iron rod found ill the east line of Tract 2 of the Margaret Kelly Lands,recorded in Volume 8,Page 40 of the Map Records of Nueces County.Texas;and the west I ine of said Lot 13,at the southwest corner of said 66.8839 acres tract, I*or the southwest corner of this tract; Thence N 0191"096""W(called N009 6'C9O"E)along the west line of said,rract 2,the east line of said Lots 13 and 12,the west line of said 66.8839 acres tract,and the west line of this tract,a distance of 1015.79 feet to a 518"iron rod with surveyor's cap stamped"R,P,L,S, 5874 set at the southwest corner of Lot 4,Block 5 of the bidustrial Teclinology Park Unit 2 subdivision,also surveyed this date,whence a 518"iron with surveyor's cap star ped ,,R.P.L.S.58741,round at the southwest corner of Lot 2,Block 5 ofthe Industrial Technology Park,LJnit 2 subdivision,recorded in Volume 67,Page 502 of the Map Records ol'Nueces County-'11'exas;bears N 091011'476""W a distance of 38,,20 feet, Thence N 8910935"E along the south line of said Lot 4,Block 5,and the westerly north line of this tract,a distance of 575.44 feet to a 5l8""iron rod with surveyor's cap stamped"R.P.L.S.5874"set at the southeast corner of said Lot 4,Block 5,for ail interior angle corner of this tract, Thence N 097114)'097'"W along the cast line of said Lot 4,Block 5.and an interior west line of this tract,a distance of 38,20 feet to a 518"iron rod with surveyor's cap stamped 587`4""found.at the southeast corner of said Lot 2,Block 5,and the southwest I corner orthetail-foot right-of-way of Junior Beck Drive,for an exterior angle comer of this tract, Thence N 89*09'35"E along the south line of said Junior Beck Drive and the middle north line of this tract,to distance of WOO feet to as 5/8"iron rod with surveyor's cap stamped"R.P.L.S.5874"lbund at the southwest corner of Lot 3., Block 4 of the Industrial Technology Park,Unit 2 subdivision,recorded in Volume 67.Page 679 of the Map Records of Nucces County,Texas,for an exterior angle corner of this tract; Thence S 0 1110'07"E along the east line of Junior Beck Drive,the west line of said Lot 3,Block 4,and an interior cast line of this tract.,a distance of 5.00 feet to a 5/8"iron rod with surveyor's cap staniped"R.P.L.S.5874"found at the southwest corner of Lot 5,Block 4 of the Industrial Technology Park,Unit 2 subdivision,recorded in Volume 68,Page 138 of the Mal)Records,of Nueces County.'rexas.for an interior angle corner of this tract; Thence N 89110935"E along the south line ofsaid Lot 5,Block 4,and the easterly north line if this tract,a distance of 715.70 feet to a 5/8"iron rod with surveyor's cap stamped"R.P.L.S.5874"found in the west line of Lot 913 of said Brown-Lex Tract,the cast line ofsaid Lot 12,and the east line of said 66.8839 acres tracq,at the southeast corner of said Lot 5,Block 4,for the northeast comer of this tract; Thencc S 01'00'46""t.'along the west line of said Lot 913,the east line of said Lots 12 and 13,the east line of said 66.8839 acres tract,and the east line of this tract,at approxiinatety 174.1 feet pass the southwest comer of said Lot 913 and the northwest comer of said Lot 9A,in all a distance of 1203.87 feet,to the POINT OF BEGINNING,containing 47.543 acres of land,more or less,subject to any and all casements and agreements of record. Distances are at surface and bearings in this description are based on a GPS survey conducted in the Texas Coordinate System,South ZA)ne,NAD1983,in US Fact,with a Combined Scale Factor of 0,9999837 1. 1,Michael J. Maclnnis,Registered Professional Land Surveyor of Texas,do hereby state that this description represents an actual survey made on the ground,under my direction. to the best of my knowledge and ability.,this the 200'day of May,20K 13 1003-47acdoc Texw Registration No.5874 2 EXHIBIT B Protect Deseiiption Solid Rock Commercial Properties, LLC will use the loan to extend Junior Beck Drive to Old Brownsville Road, Solid Rock will pay back the loan by either annual payments and/or a percentage of the loan as the properties are developed based on linear.frontage to the road, 10 I I 0 0 'o 0 C) C:� 0 0CDo6C5CCU60' C C' C C:a 0 CD p C a C> C 7 C7 C 0 0 0 C? Cwa u7 C `a CV cc CD p C) 0 CD 0 409� a0 o to �6 to CL C 6e 64.164 61�� 091401� 09. 619k 69 40 093 0 m ' „ t co z t. CL �S LY h CL. LL z 0 0 0 ui 2 w EL 0 Z w w LL9 , F LJ � I-- Z X11' w F- C1 � Wi W C!. CIS I L7J ;,�, "_'" ..4.. 0- CL, C3 F-° C 'CL z o w LLJ co CLO ` G CC Lu L J z R R z F— < `r m , � >— � 1- 0 w ! D- D 0 c LU Y ry r— z I— z � CL w z LL f 00 W LL LL. LL. zw <0o CA :D x L Lu LIB Lu d 0 Lij ty' N F - i— C ' C"o C C 8 a:7 C) CCJ Lf? o C CSC C Q O 5 = IS- C) 0 ^t of Ph Cr) N C) 0 0 0) 0 C Q T- o 0 X) C r t* C7 C M C Cy C, C C^t1 Rr) aG C;I C f3''F?,tom C C LF3 I9 o' 0 0 C14 C,,� C V P tam- in 't (D T- 0 Q, z 0 u wi CL w C, CO 0 . a.. 0 0 0 ! 0 � 0 0 D 0 < Ij i uj w w CL CL QD C CL n w E 2 C7 CA � o W LU 0 < 0 o CO w CC z LU uj C5 Cq � ..1 w uj LRI Q. IL RY d ry D z p (D L Z0 F— Cl Q C. } Q.7 g n a- a- S I R 0L) � � � � � � ui a CD I— c 01 0 E C � to, I CL r+ :t..! U- LLL- U- LJ 0 Cam", 0 LO 0 LO r-' I^�" N "t �r-. C"J '�t +LAW 5 �uj CL Ll ca CO MIX IL U. 0 z 0 z fL 0 LLj cc 0I U I-- z W LL z �r Cs � Z Ir Lu w LLB w C a. ..J _J -J — L19 0 00 W Z Z Z W �z x � ' 7 "5; 2 U) �3 LLJ LLJ W � � 1 � JJ_ '> � r* � L- LL LLJ >- w w LLB " w LL I t in M LJ 9 , L� I— I F- 0' w CL I IV J - . -CL 0 LL LL U—ry < LI 0 'Cyr P- 0 i U') CV C7 C') T- 7 0 014 CCU C Cd C T- CV E fry.- C C 0 0 C 49 Ln 0 0 to C C1 0. c es bo I. k LL n < < um C Imo' -J W LLB W w -i CL I w Q7 � a _ W F- �. ..mow, ui [if 0 p I }-- Lil F- M Z o Z w Ly LL * w C) D w z � LU ry ul try W z IL ul C UJ u � < � ry V9 L) < N�- w EL ui 0 u �' ' oo � LL § w . � d . \� > . \ ? \ \. � . ■ , ?\. y �. . . .y. . . , tw . � A-s '?2 � \ i 4-j � (D i � \� EXHIBIT C Promissory Note Effective Date: 2014 Borrower and Solid Rock Commercial Properties, Ltd. Borrower's General Partner—Adriana rtiz Mailing Address: 102 Airport Road Corpus Christi, TX 78405 Cc: Raul 01-tiZ 6530 Lens Corpus Christi,, TX 78414 Lender: Corpus Christi Business and Job Development Corporation, a Texas development corporation Place for Payment: City of Corpus Christi ("City",) Attn.: Finance Director P.O. Box 9277 Corpus Christi, 'rexas 78469-9277 Principal Arnount: $1,497,000, unless Lender advanced a lesser amount to Borrower pursuant to the Terms of Payment clause, in which case the Principal Amount will be the lesser amount that was actually advanced to Borrower. Annual Interest Rate: 0% assurning no default Maturity Date: December 31, 2023 'Ternis of Payment: Lender will loan, to Borrower the total sure of not to exceed $1,497,000 (the Loan"). 'Thee Loan proceeds are advanced Linder the agreement by Borrower after approval and execution by all parties. The Borrower agrees that the Project designs must meet City design standards in compliance with the City's Uniform Development Code and as outlined by the latest version of the City Infrastructure: Design Manual issued by the City Engineer. Construction of the Project and all related improvements, infrastructure and Rights of "'ay must be completed and conveyed to the City after final, approval by the City at no cost to the City within one year of the Effective Date. Borrower is responsible for City developirient permit fees and other project costs. Borrower promises to pay annually to Under not less than one-ninth of the total Loan amount to the Under (plus any accrued but unpaid interest.), beginning on December 31, 2015 and continuing oil December 31" in each year thereafter until the Loan is fully repaid. As a requirement for platting any property adjacent to the newly constructed Project, as described further in Exhibit "B," to the Performance Agreement between the City of I I Corpus Christi Business and Job Development Corporation and Solid Rock Commercial Properties, Ltd., dated as of-, 2014 (tile "Performance Contract"), Borrower will repay, Lender a percentage of the total Loan amount based upon the road frontage of the platted property in comparison to total new road frontage within 60 days of plat approval. The arnount of the repayment will be credited towards time amount of the next occurring annual Loan payment(s). If there is a surplus, the Surplus will be credited towards future year's Loan payments. If Developer sells all or the remainder of the property described in Exhibit "A" to the Performance Contract, which sale rnust first be approved by Lender, the outstanding Loan balance will become due immediately unless the buyer succeeds to Borrower's obligations under this Note (and such succession is approved by Lender). Any portion of the Loan that remains unpaid on the Maturity Date identified above shall immediately become due and payable on Such date. Security for Payment: This note is to be secured by a letter of credit, in substantially similar form as Exhibit"D" attached to the Performance Contract. Unconditional Promise to Pay: Borrower promises to pity to the order of Lender the Principal Amount, and any interest due oil such unpaid amounts, and in strict compliance with the terms and provisions of this Note and the Performance Contract. This Note is payable at the Place for Payment and according to the Terms of Payment. All payments made pursuant to this Note shall be made in immediately available funds, without offset, in lawful money of the United States of America. Borrower is and shall be obligated to pay all principal and any and all other amounts which become payable Linder this Note, the Performance Contract, or any other loan document, absolutely and unconditionally and without any abatement, postponement, diminution or deduction whatsoever and without any reduction for any counterclaim or setoff whatsoever, Default: If Borrower defaults in the payment of this Note or defaults in the performance of any obligation herein in the Performance Contract, or in any instrument securing or collateralizing this Note and subject to the notification provisions set forth below, 'Lender may declare the unpaid principal balance owed on time Note immediately due. Except for the requirement set forth in the notification provision below, Borrower and each surety, endorser, guarantor, and other party ever liable for payment of any sum payable on the Note,jointly and severally, waive any and all notice, presentment, demand for payment, protest, notice of protest and, non-payment or dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, diligence in collecting, grace, and other formalities of any kind, and consent to all extensions without notice for any period or periods of time and partial payments, before or after inaturity, and any impairment of any collateral securing this Note, all without prejudice to the Under. The Lender shall similarly have the right to deal in any way, at any time, with one or more Borrower without notice to any other Borrower, and to grant any Borrower any extensions of time for payment of any payment or obligations of this note, or to release or substitute part or all of the collateral securing this Note, or to grant any other indulgences or forbearances whatsoever, without notice to any other Borrower and without in any way affecting the personal liability of any other Borrower. After the occurrence and during the continuance of an event of default, amounts owed on this shall bear interest at the Default Rate, as provided and in accordance with the performance Contract, and shall be due and payable upon demand by Lender. In the event of a default by Borrower pursuant to the terms of this Note, the Performance Contract or any other instrument securing or collateral to this Note, Lender shall notify Borrower of the 12 default in writing which specifically describes the default. If Borrower fails to fully secure: the default within 60 days of Borrower"s receipt of the notification of default, at Lender's option, Lender may declare the full unpaid balance of the debt evidenced by this Note to be immediately due and payable. Each Borrower waives (a) diligence in preserving liability of any other Borrower and in collecting or bringing Suit to COIICCt the debt evidenced by this Note; (b) all rights under chapter 43 of the Texas Civil Practice and Remedies Code, rule 31 of the Texas Rules of Civil Procedure, section 1,TOO 1 of the Texas Civil Practice and Remedies Code, and sections 51.003, 51.004, and 5 1.005 of the Texas Property Code; (c) protest; (d) notice of extensions, increases, renewals, or rearrangements of the debt evidenced by this note; and (e) notice of failure to pay tile note as it matures, of any other default, of adverse change in any Borrower's financial condition, of release or substitution of collateral, of intent to accelerate, of acceleration, and of subordination of Lender's rights i,n any collateral, and every other notice of every kind. The Borrower's obligations under this Note will not be altered nor will Lender be liable to the Borrower because of any action or inaction of Lender in regard to a matter waived or of which notice is waived by Borrower in the preceding sentence. Borrower also pronlises to pay Lender's reasonable attorney's fees and court and other costs if this Note is placed in the hands of an attorney to collect or enforce tile Note. These expenses will bear interest from the date of advance at the Default Rate. Borrower will pay Lender these expenses and interest on demand at the Place for Payment. These expenses and interest will become part of the debt evidenced by the note and will be secured by any Note Collateral identified above under Security for Payment. This Note is executed and delivered incident to a lending transaction negotiated and consurn.rnated in Nucces County, Texas and shall be governed by and construed in accordance with the laws of the State of Texas. The Borrower, for itself and successors and assigns, hereby irrevocably: (i) submits to the jurisdiction of the state and federal courts in Texas; and (ii) agrees that exclusive jurisdiction for any legal proceeding related to or arising from, this note or any other instrument related to this note shall be in tile district Courts in and for Nucces County, Texas or the United States District Court for the Southern District of Texas, Corpus Christi Division, except as is necessary by Lender to enforce Lender's rights as to collateral located within another Jurisdiction, Each Borrower (if more than one) shall be jointly and severally liable for obligations of Borrower pursuant to this Note, Each Borrower acknowledges and agrees that such Borrower has or is receiving a direct benefit from this note and shall be liable for payment of the full amount of this Note, including reasonable attorney's fees, without any requirement that Lender institute suit against or pursue any other Borrower or foreclose upon or attempt to collect from any security or collateral for this Note. Each Borrower,is fully responsible for all obligations required by this note, Miscellaneous: Notices to Borrower shall be made to either party at the following address or tile address of a Borrower's agent for service of process: Dollars in this note means United States Dollars. 13 When the context requires, singular nouns and pronouns include the plural. Capitalized terms used herein without definition shall have the meaning ascribed thereto in the Performance Contract. INDEMNIFICATION: BORROWER SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD, HARMLESS LENDER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, COST, EXPENSE OR LIABILITY (I INCLUDING ATTORNEYS' FEES AND COSTS) DIRECTLY OR INDIRECTLY ARISING OUT OF OR ATTRIBUTABLE TO, WITH RESPECT TO THE PRODUCT, ANY DEVELOPMENT, CONSTRUCTION, USE OR PLACEMENT INTO SERVICE AFTER THE DATE OF THIS NOTE, INCLUDING WITHOUT LIMITATION ALL UNFORESEEABLE OR FORESEEABLE CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGE. THIS INDEMNITY SHALL SURVIVE THE TERM OF THE LOAN AND THE RELEASE OF THE LIENS SECURING IT OR THE EXTINGUISHMENT OF THE LIENS BY FORECLOSURE OR ACTION IN LIEU THEROF, OR MERGER BY CONVEYANCE TO LENDER,AND THIS COVENANT SHALL SURVIVE SUCH RELEASE OR EXTINGUISHMENT OR MERGER. ENTIRE AGREE ,'NT: THIS NOTE AND OTHER LOAN DOCUMENTS, INCLUDING THE PERFORMANCE AGREEMENT, CONTAIN THE FINAL, ENTIRE AGREEMENT BETWEEN THE PARTIES AND THIS NOTE, THE PERFORMANCE CONTRACT, AND OTHER LOAN DOCUMENTS MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGEEMENTS AMONG THE PARTIES. Execut,d, delivered and effective this-day of 2014 in Corpus ChTiSti, Nue uno s ty,Texas. --s tin Soh-dkock Commercial Properties„ Ltd. By- 14 EXHIBIT D Letter of Credit See letter of credit starting on the next page. 15 l e )erg, Bank MM11111111111MMMMIMML www.klebergbank.com 100 East Kleberg Avenue 4211 Ayers Street P.O. Drawer 911 P.O. Box 7669 Kingsville,Texas 78364-0911 Corpus Christi,Texas 78467-7669 361-592-8501 361-850-6800 Fax 361-5934500 Fax 361-850-6887 lag C-) 7r11 ISSUER: Kleberg Bank, N.A. P.O. Box 7669 :K r1-1 Corpus Christi, TX 78467-7696 IRREVOCABLE LETTER OF CREDIT NO: 602151-0301 DATE: 0610412014 BENEFICIARY: APPLICANT: City of Corpus Christi Solid Rock Commercial Properties, Ltd, P.O. Box 9277 102 Airport Road Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78404 Attn: Regional Economic Development Center Attn: Mrs. Adriana Ortiz, General Partner AMOUNT: $1,497,000.00 EXPIRATION: 06-04-2019 Dear Sir or Madani: We hereby establish our irrevocable letter of credit("Irrevocable Letter of Credit") in -favor of the City of Corpus Christi('Beneficiary") for the account of Solid Rock Commercial Properties, Ltd., acting by and through its authorized agent, General Partner,Adriana Ortiz, ("Applicant"), authorizing The City of Corpus Christ,to draw,on Kleberg Bank located in Corpus Christi, Texas ("Issuer")the amount of$1,497,000,00, under Solid Rock Commercial Properties, Ltd. draft bearing the clause"Drawn under Kleberg Bank Irrevocable Letter of Credit No. 602151- 0301,dated 06/04/2014 and accompanied by all of the following documents-. 1) The original of this Irrevocable Letter of Credit;and 2) The sworn affidavit of the City of Corpus Christi's City Manager, or any Assistant City Manager:, Interim City Manager or Interim Assistant City Manager, or Acting City Manager or Acting Assistant City Manager, or the designee of each. The signature of such official RECEIVED claiming such title together with title designation,on the draw demand MJWGEULz,r,4,f,&j BUDGET Letter of Credit 2 3) shall be conclusive on the issuer without further exemplification or other proof of identity or title and further stating as f'ollows: "That Solid Rock Commercial Properties, Ltd, has not installed the required improvements or vacated the plat of the extension of Junior Beek Drive to Old Brownsville Road (the"'Project") as required by its Performance Agreement with the City of Corpus Christi, the Beneficiary, within the time period allowed." Or"That Solid Rock Commercial Properties, Ltd. has not fulfilled its payment obligations under Section 3 "Loan." of its Performance Agreement with the City of Corpus Christi,the Beneficiary, within the time period and conditions therein." 'This Irrevocable Letter of Credit guarantees the obligations ofthe Applicant to the beneficiary as provided in the Performance Agreement. Partial drawings are not permitted under this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is not transferable. Issuer hereby agrees with Beneficiary that upon presentment on or before 5 o'clock p.m. (CDT), Corpus Christi, Texas, local time no later than 06/04/2019, that drafts drawn under and in compliance with the terms of this Irrevocable Letter of Credit, Issuer will duly honor this Irrevocable Letter of`Credit. 'This Irrevocable Letter of Credit is guaranteed for 5 years frorn the date of issuance and it will be automatica I I y extended, witliout amendments, for additional periods of one year, and at one year intervals thereafter unless: (1) at least 90 days prior to 06/04/2019, Issuer notifies Beneficiary in writing by Certified Mall at the above address that Issuer has elected not to renew this Irrevocable Letter of Credit; or (2) at least 90 day's prior to 06,/04/2019, Beneficiary through any of the individuals narried above notifies Issuer in writing by Certified Mail at the above address that Issuer has elected not to renew the Irrevocable Letter of Credit. If the expiration date is extended, Issuer shall send notice of the automatic extension to Beneficiary at least 30 days prior to expiration of the then current Irrevocable Letter of Credit. Failure to receive the automatic extension or a substitute Irrevocable Letter of Credit constitutes a default upon which the then current Irrevocable Letter of Credit niay be called in its entirety, even though not stated above as a specific event or default. Beneficiary also agrees to surrender this hTevocable Letter of Credit to Issuer for cancellation promptly oil or after the expiration date, or if applicable, the extended expiration date. This Irrevocable Letter of Credit sets forth in full the terms of the Issuers' undertaking and such undertaking must not in any way be modified, amended, or anipfified by reference to any document, instrument or agreement referred tea herein, or in which this Irrevocable Letter of Credit is referred to or to which it relates, and any such reference is not deemed tea incorporate Letter of Credit 3 herein by reference any document, instrument, or agreement Issuer is not a part to, or bound by the terms of any agreement between Beneficiary and Applicant. Furthermore,this Irrevocable Letter of Credit cannot be amended except with the written concurrence of Issuer, the Applicant, and Beneficiary. This Irrevocable Letter of Credit is subject to and governed by the Institute for International Banking Law and Practice's International Standby Practices 1998, ICC Publication No. 590,to the extent not inconsistent with the laws of the State of Texas and more particularly with the provisions of Chapter 5 of the Texas Business and Commerce Code currently in effect. Sincerely, KLEBERCY BANK,N.A. By: .....................—------- Print Name: s', Title: forma this q j Approved as to f day of Lj 0_Lt X Assis t City Attorney City of Corpus Christi Approved as to form this 1� day of 20 uu Director of Finance BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), Section 504.001 et seq ("the Act"), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on October 18, 20107 amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"); WHEREAS, Section 501.073, Texas Local Government Code (formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes), requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, the City Council approved the amended Type A Guidelines on November 9, 2010; WHEREAS, Solid Rock Commercial Properties, Ltd. ("Solid Rock") has submitted a proposal to the Type A Corporation for a $1 497,000 loan for funding the extension of Junior Beck Drive to Old Brownsville Road; WHEREAS, the Type A Corporation and Solid Rock have executed a business incentive project agreement for the loan that will fund the extension of Junior Beck Drive to order to create jobs. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: Page 1 of 3 Business Support Agreement-Solid Rock 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for Job Training between the Type A Corporation and Solid Rock related to Solid Rock expanding Junior Beck Drive to Old Brownsville Road ("Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Type A Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement 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 Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement 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 Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or Page 2 of 3 Business Support Agreement-Solid Rock unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Robert Tamez City Manager President Date: Date: Attest: Rebecca Huerta City Secretary Page 3of3 Business Support Agreement-Solid Rock US 0 _ AGENDA MEMORANDUM First Reading for the City Council Meeting of June 24, 2014 xg Second Reading for the City Council Meeting of July 8, 2014 DATE: June 9, 2014 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS @cctexas.com (361) 289-0171 ext. 1213 Authorize ratification of amendment of current lease agreement with Host International, Inc. ("HMS Host") by assignment to WDFG North America, LLC and inclusion of additional office space at the Corpus Christi International Airport. CAPTION: Ratifying lease assignment to WDFG North America, LLC ("WDFG"), and authorizing the City Manager to execute a first amendment to the long-term lease agreement with WDFG to provide additional space for the operation of a news and gift concession at the Corpus Christi International Airport; providing for publication; providing for severance. PURPOSE: Amend agreement by assignment from HMS Host to World Duty Free Group (WDFG) and addition of 130 sq. ft. of office space to the lease. BACKGROUND AND FINDINGS: On April 30, 2013, the City Council approved Ordinance No. 029776 authorizing a five-year lease agreement with HMS Host for operation of a news and gift shop at Corpus Christi International Airport. HMS Host is the world's largest provider of food, beverage and retail services for travelers, currently operating in 76 US Airports and 36 International locations. Subsequently, HMS Host embarked on a restructuring of its operations and sold its United States airport operations to World Duty Free Group (WDFG). The terms and conditions remain unchanged at the greater of an annual minimum guarantee of $110,000 or a sum equal to ten percent (10%) of the HMS Host's gross receipts, for a term of five (5) years. WDFG has requested an additional 130 sq. ft of office space which will generate an additional $6,215.88 annually. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The afore complies with the overall proposed concessionaire plan development of the Airport EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal Budget and Strategic Management FINANCIAL IMPACT: ❑ Operating ® Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $110,000.00 $440,000.00 $550,000.00 Encumbered / Expended Amount This item 1 $6,215.881 $24,863.52 1 $31,079.40 BALANCE $1167215.88 $4647863.52 1 $5817079.40 Fund(s): Airport Fund 4610 Comments: RECOMMENDATION: Staff requests approval of Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Assignment and Assumption Agreement First Amendment to Long Term Lease Agreement Ordinance Ratifying lease assignment to WDFG North America, LLC ("WDFG"), and authorizing the City Manager to execute a first amendment to the long-term lease agreement with WDFG to provide additional space for the operation of a news and gift concession at the Corpus Christi International Airport; providing for publication; providing for severance. WHEREAS, pursuant to Ordinance No. 025091, the City and Host International, Inc. ("Host"), entered into an eight-year lease commencing November 17, 2002 (the "Original Lease"), for the operation of a news and gift concession at the Corpus Christi International Airport; WHEREAS, pursuant to Ordinance No., 026113, the Original Lease was amended by Amendment No. 1 to Lease, dated January 18, 2005, to provide for additional storage area; WHEREAS, pursuant to Ordinance No. 029776, the City and Host reinstated the Original Lease, extended the term of the Original Lease through April 30, 2013, ap- proved an option to extend the Original Lease an additional five (5) years, expiring on April 30, 2018, modified other provisions of the Original Lease, and formally recognized the terms and conditions of the new long-term lease agreement as a complete sub- stitution for the Original Lease and all amendments and modifications thereto (the "Agreement"); WHEREAS, effective September 6, 2013, Host assigned all of its right, title, and interest in and to the Agreement to Concessionaire; and WHEREAS, Concessionaire and the City desire to add additional square footage to the Leased Premises, as such is defined in the Agreement, to allow for additional office space. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council ratifies the assignment of the long-term lease Agreement to Concessionaire. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the "First Amendment to Long-Term Lease Agreement" with Concessionaire to allow for additional office space for the operation of a news and gift concession located at the Corpus Christi International Airport. SECTION 3. Publication will be made twice in the official publication of the City of Corpus Christi and cost of same paid by the Concessionaire, both as required by the City Charter of the City of Corpus Christi. SECTION 4. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 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 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 First Amendment to Long-Term Lease Agreement This first amendment ("First Amendment") to the long-term lease agreement (the "Agreement") is entered into effective as of the day of , 2014, between the City of Corpus Christi, a Texas municipal corporation, ("City") acting through its duly authorized City Manager or his designee ("City Manager"), P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277, and WDFG North America, LLC, a Delaware limited liability company ("Concessionaire"), whose principal office and place of business is 6905 Rockledge Drive, 6th Floor, Bethesda, Maryland, 20817. WHEREAS, by Ordinance No. 025091, the City and Host International,Inc. ("Host") entered into an eight-year lease dated November 12, 2002, and commencing November 17, 2002, (the "Original Lease") for the operation of a news and gift concession at the Corpus Christi International Airport(the"Airport"); WHEREAS, by Ordinance No. 026113, the Original Lease was amended by Amendment No. 1 to Lease, dated January 18, 2005, to provide for additional storage area; WHEREAS, by Ordinance No. 029776, the City and Host reinstated the Original Lease, extended the term of the Original Lease through April 30, 2013, approved an option to extend the Original Lease an additional five (5) years, expiring on April 30, 2018, modified other provisions of the Original Lease and formally recognized the terms and conditions of the new long-term lease agreement as a complete substitution for the Original Lease and all amendments and modifications thereto (the"Agreement"); WHEREAS, effective September 6, 2013, Host assigned all of its right, title, and interest in and to the Agreement to Concessionaire; and WHEREAS, Concessionaire and the City desire to add additional square footage to the Leased Premises, as such is defined in the Agreement,to allow for additional office space. NOW, THEREFORE, for and in consideration of the rentals to be paid to City by Concessionaire and of the mutual covenants and agreements of the parties contained herein, it is mutually agreed as follows: Exhibit "A" and Exhibit "C" to the Agreement are hereby replaced with the attached Exhibit"A"and Exhibit"C". All other language,terms and conditions of the Agreement remain the same. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by their respective proper officers and have affixed their corporate seals hereto as of the day and year first above written. Page I of 2 i i i EXECUTED IN DUPLICATE ORIGINALS. this day of , 2014, by the authorized representative of the parties. ATTEST: City of Corpus Christi,Texas Rebecca Hrrerta Ronald L. Olson City Secretary City Manager i i MrDFG Nort &-'ea,LLC,:By: Name: Title: EXHIBITS ATTACHED:. Exhibit A—Concession P:rennises Description (one page) Exhibit C—Storage/Office Premises Description (one page) Page 2 of 2 . Corpus Chrlslllntnrnatlon$t Airport • k , HIPI 7 All V% JPR ISE$ i EM)TY CIIECK POINT tape COURT rm. doff K.Y • rruJvri o O PfC�Uft12 Ct PH4PQSEQ gy�qp/ NEW810117CONGESSION AM ln�l0Cllae INTERFJATIONAE.AIRPORT POWN15W01OI171'LF149EAWEEMENT UP�GGTIVA"� NOME:ALL MEA8UR9MENT8 TO Vr Ea%HE'ffjF i CITY CATE AREA AREA OFM(CLU0NE8PACf1LEA5lMdHgt, 0 O @ BFRd�17FlEINiYRi0ROPTH11F�tYf:WfAl, 1 YlA4l0 ANO P{(01.171EFi CFN{BR3.IFIC70 OT:Hf6AGHE0FEAC}I IN7s'AfOAWALL,QR,' 1NTNE9(6S�HCLtlFl1FFH8163{WA1FA,riiB- Pelrrr OF 0Af0 CP17[EiiUtEE WOum ukt �I• LO GATED IF AUGH INNOZORWALL EX€MI). VEY MAP 0- P[iWlmlf[pSiiKe/ Mw IEW.Tabor] Hii J i CRY@ "I n0 V, YICTORG "'f 6D,?llllCl1R13R cure: ts,2au2• .: . 1 �f7FlGPtRGxAI�iINP0R� FRVA I inai-AwuHC-tr.Asi �1`J eY�nDxcr�; 'rte ri+JW4i U{if//Nlhfa,jV,}•G, 27 S-4 >m >1T3 mr7—n—nr F T1` G7 i rn m ' CL7-y ID �oz�vu�i rO6+eZ�r�en-�o r��zmv m u� 2 °°moo F� A \ •`� o is----� r I 6-5 7/8' 1V-2112' \ �_ a �\ ` a a O ;� J4 p I€€ u fI 7 1011 Yi H W—so 3/4' DEPARTMENT OF AVIATION SCh ors cats MUN13 EXHIBIT C M.%RIOTAPA � � �- onre py.y-7014 CORPUSCHRISTI m INTERNATIONAL AIRPORT 2014 tOF7 ASSIGNMENT AND ASSUMPTION AGREEMENT AND FIRST AMENDMENT TO LIMITED LIABILITY COMPANY AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT AND FIRST AMENDMENT TO LIMITED LIABILITY COMPANY AGREEMENT (this "Agreement'), dated as of September 6, 2013, is by and between Host International, Inc., a Delaware corporation("I HII"), and WDFG US, Inc.,a Delaware corporation ("BuL"). WHEREAS, HII is the sole owner of all of the outstanding equity interests (the "Purchased Interests") of WDFG North America LLC, a Delaware limited liability company ("WDFGNA"), and is the sole member of WDFGNA; WHEREAS, WDFGNA is governed by and operated pursuant to the terms and provisions of a Limited Liability Company Agreement, dated as of June 15, 2013 (as may be amended, restated, supplemented or otherwise modified from time to time, the "Company Agreement"); and WHEREAS, HMSHost Corporation, a Delaware corporation, HII, World Duty Free Group, S,A.U., a Spanish corporation, and Buyer entered into that certain Asset and Unit Purchase Agreement, dated as of July 30, 2013, (the "Purchase Agreement"), providing for, among other things, HII to sell,transfer, assign and deliver the Purchased Interests to Buyer; WHEREAS, HII now desires to sell, transfer, assign and deliver the Purchased Interests to Buyer, and Buyer desires to acquire the Purchased Interests; WHEREAS,HII and Buyer now desire for HII to withdraw as a member of WDGNA and for Buyer to be admitted as the sole member of WDFGNA; and WHEREAS,HII and Buyer desire to amend the Company Agreement as set forth herein. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Transfer of Purchased Interests. Pursuant to Section 5.2 of the Company Agreement and pursuant to the terms of the Purchase Agreement, HII hereby sells, transfers, assigns and delivers to Buyer, and Buyer hereby purchases and accepts from HII, all of HII's right,title and interest in and to the Purchased Interests, free and clear of any Encumbrances (as such term is defined in the Purchase Agreement). This Agreement and each of the transactions consummated hereby shall be effective as of 11:59 p.m. (Eastern Time)on September 6, 2013. 2. Assumption of Obligations. In accordance with and pursuant to the terms of the Purchase Agreement, Buyer hereby assumes and agrees to perform and to be bound by each and every term and provision of the Company Agreement, and Buyer hereby assumes the obligations of HII under the Company Agreement as if Buyer had executed the Company Agreement originally with respect to the Purchased Interests and, in furtherance thereof, hereby agrees that by its execution of this Agreement it shall be and become a party to the Company Agreement as a member. Except as otherwise expressly set forth herein, neither the making nor acceptance of this Agreement shall enlarge, restrict or otherwise modify the terms of the Company Agreement, 3. Amendments to Company Agreement. Pursuant to Section 8.1 of the Company Agreement, the Company Agreement is hereby amended such that all references to "Host International, Inc." (including in Exhibit A thereto) shall be deemed to be references to "WD G US, Inc.", and HII hereby consents to such amendment. 4. Withdrawal of HII; Admission of Buyg . Pursuant to Sections 5.2 and 5.3 of the Company Agreement, Hill hereby withdraws as the Sole ilieiliber of the Company and Buyer is hereby admitted as the sole member of the Company. 5. Appointment of Officers. Pursuant to Section 2.2 of the Company Agreement, the current officers of W DGNA set forth in Schedule 2.2 to the Company Agreement are hereby removed and each of the following individuals is hereby appointed to the office(s) set forth opposite such individual's name to serve as an officer of WDFGNA until such individual resigns, retires, dies, becomes disabled or is removed in accordance with Section 2.2 of the Company Agreement: Name Office Padraig D. Drennan President Fernando Nadal Treasurer Antoni Felany Bender Secretary 6. Inconsistent or Conflicting Provisions. Notwithstanding the foregoing, this Agreement is executed pursuant to, and is subject to, the provisions of the Purchase Agreement, and nothing herein shall affect, expand, diminish or otherwise modify the representations, warranties, covenants or obligations of any of the parties thereunder. If a provision of this Agreement is inconsistent or conflicts with the provisions of the Purchase Agreement, the provisions of the Purchase Agreement shall govern and prevail. 7. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same agreement. S. Headings. Headings herein are for convenience of reference only, do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof. 9. Governing Law. This Agreement shall be subject to the dispute resolution provisions set forth in Section 9.6 of the Purchase Agreement. EACH PARTY HEREBY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE 2 it I III UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE, TO THE MAXIMUM EXTENT PERNUTTED BY LAW, IT HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. [Signature Page Follows I 3 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement, or has caused this Agreement to be executed by its respective officer thereunto duly authorized, all as of the day and year first above written. HOST INTERNATIONAL,INC. By: Name: Paw lt an"114" Title: Prdaklord WDFG US,INC. By: Name: Title: By: Name: Title: [Signature Page to Assignment and Assumption Agreement and First Amendment to Limited Liability Company Agreement of WDFG North America LLC] IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement, or has caused this Agreement to be executed by its respective officer thereunto duty authorized, all as of the day and year first above written. HOST INTERNATIONAL,INC. By: Name: Title: WDFG US, INC. By: pal'i Name.`- a raig Drennan Title: President i By: s Name: Ant i Fel 'y Bender Title: Secretary (Signature Page to Assignment and Assumption Agreement and First Amendment to Limited Liability Company Agreement of WDFG North America LLC) d AGENDA MEMORANDUM M�aaP© a,EO Future Item for the City Council Meeting of June 24, 2014 1s52 Action Item for the City Council Meeting of July 8, 2014 DATE: June 6, 2014 TO: Ronald L. Olson, City Manager THRU: Susan Thorpe, Assistant City Manager SThorpepcctexas.com 361.826.3898 Eddie Ortega, Director EddieO(c_cctexas.com 361.826.3224 FROM: Rudy Bentancourt, CD Administrator RudyBp_cctexas.com 361.826.3021 Board of Directors Meeting of the Corpus Christi Community Improvement Corporation CAPTION: Board of Directors Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) PURPOSE: Motion to approve a transfer of funds in the amount of$250,000 from the CCCIC — Special Projects Fund for the reimbursement of payment to the U.S. Department of Housing and Urban Development related to the LULAC project. Board meeting will also review the change of the board's registered agent, change of the board's fiscal year, and the election of officers. BACKGROUND AND FINDINGS: Election of Officers The Bylaws of the Corpus Christi Community Improvement Corporation provide for the following officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, and General Manager. Typically, the President and Vice President have been elected from the Board of Directors. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by persons on City staff holding the functional equivalent positions. The recommendations for these are as follows: Secretary Rebecca Huerta Assistant Secretary Paul Pierce Treasurer Constance P. Sanchez Assistant Treasurer Alma Casas General Manager Ronald L. Olson Change of Registered Agent State law requires each corporation to maintain a registered agent and registered office with the Texas Secretary of State. That position typically has been held by the Secretary of the Corporation, and this item would authorize the filing of a new designation of registered agent with the Texas Secretary of State. The registered office would remain unchanged. Change of Fiscal Year to Match City Fiscal Year The City has elected to change its fiscal year to a year ending September 30 beginning with the current fiscal year to be extended to September 30, 2014. The CCCIC establishes its fiscal year by resolution according to the Bylaws, and having consistent fiscal years would facilitate the preparation of the annual audit and financial reports. Approve a Transfer of Funds On December 16, 2008, the Corpus Christi City Council approved a motion to execute a subrecipient agreement through the Corpus Christi Community Improvement Corporation (CCCIC) to fund the LULAC Apartments of the Village for the LULAC Oasis at the Park project for acquisition and development costs. The approved motion authorized $400,000 from the U.S. Department of Housing and Urban Development's (HUD) HOME Program (FY2007 - $200,000 and FY2008 - $200,000) for the project related to an affordable housing development for homeless veterans to be located at 420 N. Port Ave. The project would combine HOME Program funds with Low Income Housing Tax Credits from the Texas Department of Housing and Community Affairs (TDHCA). Due to timing issues, TDHCA canceled the Tax Credit funds from the project. Over the years, LULAC has made several failed attempts to obtain funding for the project. LULAC has since informed the City that they have been unable to obtain additional funds to complete this project. The City has filed a lawsuit against LULAC in order to recapture the funds for this project. Once funds are repaid to the City by LULAC, the funds will go back into their respective accounts. On May 14, via email, HUD informed the City that the $400,000 must be paid by June 13, 2014. This was followed up by an official letter dated May 28, 2014. Due to City Council and CCCIC meetings, HUD has granted the City until June 17, 2014 to wire the funds back to the U.S. Treasury. A City Council Workshop was held on June 17 to update City Council and inform of the next steps to take. ALTERNATIVES: "Not Applicable" OTHER CONSIDERATIONS: "Not Applicable" CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCCIC policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Housing and Community Development, Legal, Finance, City Secretary's Office 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: N/A RECOMMENDATION: Recommendation is requested to approve the resolution and motions LIST OF SUPPORTING DOCUMENTS: Agenda for Meeting Unapproved August 27, 2013 Board Meeting Minutes Treasurers Report Resolution for Fiscal Year Change AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE: Tuesday,June 24, 2014 TIME: During the meeting of the City Council beginning at 11:30 a.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi,TX 78401 1. Call Meeting to order. 2. Assistant Secretary Rebecca Huerta calls roll. Board of Directors Officers Kelley Allen, President Ron L. Olson, General Manager Lillian Riojas, Vice-President Vacant, Secretary Rudy Garza Rebecca Huerta,Asst. Secretary Priscilla Leal Constance P. Sanchez,Treasurer David Loeb Vacant, Asst.Treasurer Colleen McIntyre Chad Magill Nelda Martinez Mark Scott 3. Approval of the minutes of August 27, 2013 4. Election of Officers: President Secretary Vice President Assistant Secretary Treasurer Assistant Treasurer General Manager 5. Treasurer's Report 6. Approval of designation of Rebecca Huerta as registered agent of the Corporation to replace Armando Chapa and authorizing the filing of a designation with the Texas Secretary of State. 7. Adoption of a resolution changing the fiscal year to a year ending September 30 commencing with the current fiscal year which shall be extended to an end on September 30, 2014. 8. Motion to approve a transfer of funds in the amount of$250,000 from the CCCIC—Special Projects Fund for reimbursement to the U.S. Department of Housing and Urban Development related to the LULAC project. 9. Public Comment 10. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC) REGULAR MEETING August 27, 2013 2:30 P.M. PRESENT Board of Directors Officers Kelley Allen, President Ron L. Olson, General Manager Lillian Ricj as, Vice-President Armando Chapa, Secretary Rudy Garza Rebecca Huerta, Asst. Secretary Priscilla Leal Constance P. Sanchez, Treasurer David Loeb Vacant, Asst. Treasurer Colleen McIntyre Chad Magill Nelda Martinez Mark Scott President Allen called the meeting to order in the Council Chambers of City Hall at 2:30 p.m. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Allen called for the approval of the minutes from the July 30, 2013 meeting. Mr. Loeb made a motion to approve the minutes as presented, seconded by Mr. Magill, and passed. President Allen called for the Financial Statement. Treasurer Constance Sanchez referred to the summary of transactions for one month ending June 30, 2013 and the fund balance was $14,786,184. The Board had no questions. President Allen moved on to Item 5. Director of Neighborhood Services (NSD), Mr. Eddie Ortega, explained the item is a motion to approve a loan commitment of$470,000 for the Woodland Creek Apartments project, located at 11641 Leopard Street, Corpus Christi, Texas, 78410. On July 25, 2013, the Texas Department of Housing and Community Affairs approved to provide the Woodland Creek project with Housing Tax Credits. The project will involve the demolition and reconstruction of 94 apartments (100% Section 8) serving low-income families, seniors and individuals. The development will be financed primarily through Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. The motion is needed to approve the loan commitment terms for the project subject to the execution of the funding agreement. President Allen asked for any discussion from the Directors on Item 5. President Allen commented that he once resided in this complex, also located in his district (District 1), and was very happy to see the reconstruction project moving forward. President Allen called for public comment on Item 5. There was none. 1 President Allen called for a roll call vote of Secretary Chapa to approve Item 5 as follows: 5. MOTION TO APPROVE A LOAN COMMITMENT OF $470,000 FOR THE WOODLAND CREEK PROJECT, LOAN TO BE MADE FROM FUNDS PROVIDED THROUGH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S HOME PROGRAM AT 3% INTEREST FOR A 20-YEAR TERM WITH PAYMENTS AMORTIZED OVER 30 YEARS AND PAID FROM AVAILABLE NET CASH FLOW, SUBJECT TO EXECUTION OF THE FUNDING AGREEMENTS. The foregoing motion was passed and approved as follows: Allen, Garza, Leal, Loeb, Magill, McIntyre, Martinez, Riojas, and Scott voting"Aye". President Allen called for public comment. There was none. There being no further business to come before the Board, President Allen adjourned the meeting at 2:34 p.m. on August 27, 2013. 2 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION April 30, 2014 Special Project ASSETS Fund Cash and investments 253,606 Due from U S Government/Other Fund 0 Mortgages receivable 0 Accrued interest receivable 0 Account receivable 0 Leasehold improvements (net of accumulated amortization) 0 Investment in property(net of accumulated depreciation) 21,047 Total assets 274,653 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 0 Deposits 0 Due to other funds 0 Total liabilities 0 Fund Balance: Reserved for mortgages 0 Reserved for Investments 21,047 Unreserved 253,606 Total fund balance 274,653 Total liabilities and fund balance 274,653 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE NINE MONTHS ENDING APRIL 30, 2014 Special Project Fund Revenues: Contribution from Federal Government 0 Interest on loans 0 Interest on investments 19 Rental income 0 Miscellaneous 0 Total revenues 19 Expenditures: Grants 0 Warranty Work 0 Community Development administration 0 Loan processing 0 Accounting services 0 Interest expense 0 Miscellaneous 0 Accumulated amortization- 0 forgivable loans 0 leasehold improvements 0 Accumulated depreciation -building 0 Total expenditures 0 Excess of revenues over expenditures 19 Other financing sources(uses): Operating transfers in(out): Transfer From CDBG 0 Transfer To CDBG 0 Total other financing sources(uses) 0 Excess(Deficit)of revenues and other financing sources over expenditures and other uses 19 Fund balances at August 1, 2013 274,634 Fund balances at April 30, 2014 274,653 Resolution Establishing a New Fiscal Year for the Corpus Christi Community Improvement Corporation. WHEREAS, the bylaws of the Corpus Christi Community Improvement Corporation (the "CCCIC") provide for the adoption of the fiscal year by resolution; and WHEREAS, the City of Corpus Christi is extending its current fiscal year to September 30, 2014, and changing its fiscal year thereafter to a year ending September 30; and WHEREAS, operating efficiencies in audits and preparing the Comprehensive Annual Financial Report result if the fiscal year of the CCCIC is the same as the fiscal year of the City of Corpus Christi; and NOW, THEREFORE, BE IT RESOLVED BY OF THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION THAT: 1. The CCCIC shall extend its current fiscal year to September 30, 2014, and the fiscal years thereafter shall be from October 1 to September 30 of each year. DULY PASSED AND ADOPTED this 8t" Day of July, 2014, at a special meeting of the Board of Directors. ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION Rebecca Huerta Kelley Allen City Secretary President 1 Corpus Christi, Texas day of 2014 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 2 d AGENDA MEMORANDUM oaPOwRko Future Item for the City Council Meeting of June 24, 2014 2852 Action Item for the City Council Meeting of July 8, 2014 DATE: June 24, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam Qcctexas.corn (361) 826-3169 Jim Davis, Director of General Services jimd _cctexas.com (361)-826-1909 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm _cctexas.com (361) 826-1972 Service Agreement for Used Tire Disposal CAPTION: Motion approving a service agreement with Santa Anita Reclamation Project LLC, Linn, Texas for Used Tire Disposal in accordance with Bid Invitation No. BI-0138-14, based on only bid for an estimated annual expenditure of $79,200.00, of which $26,400.00 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Maintenance Services and Solid Waste Departments in FY 2013- 2014. PURPOSE: This service agreement will provide for the disposal of whole waste tires. The vendor is required to deliver empty trailers to the Service Center and JC Elliot and Cefe Valenzuela landfills, remove the loaded trailers and dispose of the tires in accordance with all applicable Federal, State and local regulations and requirements. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Solid Waste Operations, Maintenance Services FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $4,837,409.44 $52,800.00 $4,890,209.44 Encumbered / Expended Amount $2,398,015.98 $0 $2,398,015.98 This item $26,400.00 $52,800.00 $79,200.00 BALANCE $2,412,993.46 $0 $2,412,993.46 Fund(s): General, Maintenance Service Comments: The $26,400.00 financial impact shown above represents four (4) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $52,800.00 for the last eight (8) months of the contract will be requested during the normal FY 2014-2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0138-14 BUYER: GERALD GOODWIN USED TIRE DISPOSAL SERVICE Santa Anita Reclamation, LLC Linn, TX UNIT EXTENDED ITEM DESCRIPTION QTY UNIT PRICE PRICE 1 Loaded Trailer— Elliott Landfill 26 Load $1,200 $31,200 2 Loaded Trailer— Cefe Landfill 26 Load $1,200 $31,200 3 Loaded Trailer— Maintenance Services 14 Load $1,200 $16,800 TOTAL: $ 79,200.00 USED TIRE DISPOSAL SERVICE AGREEMENT Service Agreement No. THIS Used Tire Disposal Service Agreement (this "Agreement") is entered into by and between Santa Anita Reclamation Project LLC (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee ("City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Used Tire Disposal Service in response to Bid Invitation No. BI-0138-14 (which includes Specification 1106 dated 03/09/11) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Used Tire Disposal Service in accordance with Bid Invitation No. BI-0138-14 (which includes Specification 1106 dated 03/09/11) (Exhibit A). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. The term includes an option to extend for up to two additional twelve-month periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Solid Waste Contract Administrator and Maintenance Service Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Solid Waste Contract Administrator and Maintenance Service Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI-138-14 (which includes Specification 1106 dated 03/09/11), or the Contractor's bid offer to Bid Invitation No.BI-0138-14 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County,Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Solid Waste Contract Administrator and Maintenance Service Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI-0138-14 (which includes Specification 1106 dated 03/09/11). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Solid Waste Contract Administrator and Maintenance Service Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety(90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail,postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Solid Waste Contract Administrator P.O. Box 9277 Corpus Christi,Texas 78469-9277 IF TO CONTRACTOR: Contractor Santa Anita Reclamation Protect LLC Contact Elva Walker Address: P.O.Box 354 City, State, Linn,Texas 78563 - 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six (6) months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER HIND OF DAMAGE WHATSOVER, INCLUDING ALL LIABILITY FOR DAMAGES ON ACCOUNT OF OR BY REASON OF BODILY INJURY, INCLUDING DEATH, NOT LIMITED TO THE EMPLOYEES OF CONTRACTOR, THE CITY, AND OF ANY SUBCONTRACTOR OR CONTRACTOR, AND FROM AND AGAINST ANY AND ALL DAMAGES TO PROPERTY,INCLUDING PROPERTY OFTHE CITY OF CORPUS CHRISTI AND OF THIRD PARTFE S,DrRECT AND/OR CONSEQUENTIAL, CAUSED BY OR ARISING OUT OF,IN WIMLE OR IN PART,CPR CTS AIMEDTO HAVE BEEN CAUSED BY OR ]PO HAVE ARISEN OUT ()F, IN WHOLE OR IN PART, AN ACT OF, OMISSION OF CONTRACTOR OR ITS AGENTS, EMPLOYEES, VE NDORS, OR SUBCONTRACTORS, OF TREIR EMPLOYEES OR AGENTS IN CONNECTION WITH THE PE'RFORMANCE O.FTHE CONTRACT, WHETIMR OR NOT INSURED AGAINST, INCLUDING ALI., EXPENSES OF LITIGATION, COURT COSTS,.ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE, CLAIME D TO ARISE OUT OF OR IN CONNEC'nON WITH THIS AGREEME NT OR THE PERFORMANCE OF TIHS AGRE EMENT, RE�GARDLESS OF WHETHER THE INJURIES,DEATH OR.DAMAGES ARE CAUSED OR ARE CLAIMED To BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY TIM SOLE NEGLIGENCE OF INDEMNITEES UNMI.M. -M WITH THE FAULT OF ANY Oln*.,R PERSON OR G'ROUP. CONTRACTOR MUST, AT ITE'S OWN EXPENSE, INVEs,'IrIGATE ALL CLAIMS AND DEMANDS, ATTEND TO TKE 111 SETTLEME NT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES Of ATTORNEYS AND ALT, OTHER COSTS AND EXPENSES OF ANY TAT TD ARISING FROM A-NY OF SAID LIABILITY, DAMAGIC„ LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGAIPIONS 01' CONTRACTOR UNDER. T.HIS SECTION SHALL SURVIVE THE, EXPIRATION OR SOONER. TERMINATION OF THIS AGREEKENT. SIGNED tWs 20 day of march .-120 14 Contractm Santa Anita&��Imnafion�Prrjegt ne, ................................. alker .............. y ------------- 0)L% gr�,_M[anagiggMember Title: CITY OF CORPIJS CHRIST1("CITY") Ter...ce Date Acting Assistant Director offinancial Services lacorporated by Reference: Exlfibitk Bid InvitAtionNo..BT-0138-14,including Specification 1106 Exhibit B: Bidder's Bid CITY OF CORPUS CHRISTI SERVICE AGREEMENT PURCHASING DIVISION BID INVITATION NO. BI-0138-14 USED TIRE DISPOSAL SERVICE • Exhibit A: Bid Invitation No. BI-0138-14, including Specification 1106 is available upon request. • Exhibt B: Bidder's Bid is available upon request. d AGENDA MEMORANDUM oaPOwRko Future Item for the City Council Meeting of June 24, 2014 2852 Action Item for the City Council Meeting of July 8, 2014 DATE: June 24, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager ch ristelamp_cctexas.com (361) 826-3169 Floyd Simpson, Chief of Police floydspcctexas.com (361) 886-2604 Purchase and Installation of Emergency Equipment for Police Tahoes CAPTION: Motion approving the purchase and installation of emergency equipment on fourteen (14) Police Tahoes from CAP Fleet Upfitters, Temple, Texas for a total amount of $126,539.42. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. PURPOSE: Once up-fitted with the emergency equipment, the vehicles will be used by Police Officers in the performance of their duties throughout the City. BACKGROUND AND FINDINGS: None. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Police Department 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 $7,895,725.51 $0 $7,895,725.51 Encumbered / Expended Amount $3,280,815.98 $0 $3,280,815.98 This item $126,539.42 $0 $126 539.42 BALANCE $4,488,370.11 1 J $4,48 8 370.11 Fund(s): Maintenance Service Fund, General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION TLGPC CONTRACT NO. 432-13 BUYER: GERALD GOODWIN EMERGENCY EQUIPMENT FOR POLICE TAHOES CAP Fleet Upfitters Temple,Texas UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE Emergency equipment for 14 police 1.0 Tahoes 1.1 Tahoe push bumper 14 each $ 252.78 $ 3,538.92 1.2 Ion red/blue light 28 each 92.88 2,600.64 1.3 3" round split red/white compartment 14 each 42.12 589.68 1.4 18 LED strip light compartment 14 each 71.28 997.92 1.5 M4 LED flasher blue/red 84 each 114.00 9,576.00 1.6 M4 series flange black 84 each 4.86 408.24 1.7 Solid state headlight flasher 14 each 54.54 763.56 1.8 Linear LED 14 each 333.60 4,670.40 1.9 Duo lightbar/cencom/speaker 14 each 2,305.00 32,270.00 1.10 SafeStop module 14 each 128.80 1,803.20 1.11 Outer-edge 8-LT rear 14 each 684.72 9,586.08 1.12 Vertex super-LED split red/blue 56 each 64.00 3,584.00 1.13 Recessed panel 14 each 63.70 891.80 1.14 20" steel extension panels 14 each 49.00 686.00 1.15 Transport seat w/steel cargo barrier 14 each 744.80 10,427.20 1.16 Metal window 14 each 425.60 5,958.40 1.17 Dual T-rail mount w/locks 14 each 300.30 4,204.20 1.18 Window barrier 14 each 146.30 2,048.20 1.19 Door panel 14 each 111.30 1,558.20 1.20 Tactical console 14 each 390.21 5,462.94 1.21 Pen box 14 each 30.78 430.92 1.22 Double cupholder 14 each 29.06 406.84 1.23 3-outlet power strip 14 each 33.92 474.88 1.24 Flip-up armrest 14 each 111.60 1,562.40 1.25 Floor plate for computer mount 14 each 119.20 1,668.80 1.26 Installation 14 each 1,150.00 16,100.00 1.27 Wiring harness& shop supplies 14 each 185.00 2,590.00 1.28 Shipping 14 each 120.00 1,680.00 Total: $ 126,539.42 AGENDA MEMORANDUM xg Future Item for the City Council Meeting of June 24, 2014 Action Item for the City Council Meeting of July 8, 2014 DATE: 6/6/2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361-826-3494 MichaelMo@cctexas.com Interlocal agreements with area school districts for summer transportation CAPTION: Resolution authorizing the City Manager or designee to execute separate Interlocal Agreements with the Calallen Independent School District, the Corpus Christi Independent School District, and the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. PURPOSE: To enter into separate agreements with Corpus Christi, Calallen and Flour Bluff Independent School Districts to provide bus transportation for youth participating in the 2014 Latchkey Summer Camp program. BACKGROUND AND FINDINGS: The Parks and Recreation Department provides a Latchkey Summer Program at CCISD, Calallen and Flour Bluff schools. These Interlocal Agreements will allow those districts to provide bus transportation for field trips and other activities. ALTERNATIVES: Parks and Recreation Latchkey Summer Camp program would not provide transportation for field trips as part of their program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council is required to approve all Interlocal Agreements. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: Operating Expense X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $12,502 $12,502 Encumbered / Expended Amount This item $12,502 $12,502 BALANCE 0 0 Fund(s): General Fund, Latchkey Comments: FY14 funds for summer transportation are budgeted in General Fund. RECOMMENDATION: Staff recommends approval of Interlocal Agreements. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreements Resolution authorizing the City Manager or designee to execute separate Interlocal Agreements with the Calallen Independent School District, the Corpus Christi Independent School District, and the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute separate Interlocal Agreements with the Calallen Independent School District, the Corpus Christi Independent School District, and the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Page 1 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 Page 2 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Corpus Christi Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Corpus Christi Independent School District's school campuses, a Calallen Independent School District campus, a Flour Bluff Independent School District school campus, as well as a youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ("ADA"), for a fixed fee of$2.00 per mile and provide District-employed school bus drivers at fixed rate of$20.00 per hour to transport the Summer Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 16, 2014 and ends August 8, 2014. 2. Services to be provided. District shall provide its District school buses (including ADA accessible school buses) and District-employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. 3. Consideration. The City shall pay the District $2.00 per mile for each mile traveled from the District's bus barn to the activity site and back to the District's bus barn. Page 1 of 3 Additionally, the City shall pay the District for District-employed school bus driver services performed at rate of $20.00 per hour on a prorated basis. These payments shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from Corpus Christi ISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to .pick up the various program participants to return them to their respective sites. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of ,$100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. Page 2 of 3 10, Current Revenue. All money spent for transportation for the Summer Program, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective.party. EXECUTED IN DUPLICATE on the day of 12014. CITY OF CORPUS CHRISTI CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Ronald L. Olson D. Scott Elliff Ed.D. City Manager Superintendent ATTEST: Rebecca Huerta Johnanssen City Secretary General Co l for CCISD Bri C.P.M. Dire r r ur a g and Distribution Approved as to legal form May 14, 2014 By: Buck Brice, Assistant City Attorney for City Attorney Page 3 of 3 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CALALLEN INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Calallen Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended,to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Corpus Christi Independent School District's school campuses, a Calallen Independent School District campus, a Flour Bluff Independent School District school campus, as well as a youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ("ADA"), for a fixed fee of $100.00 per bus and provide District-employed school bus drivers to transport the Summer Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 16, 2014 and ends August 8, 2014. 2. Services to be provided. District shall provide its District school buses (including ADA accessible school buses) and District-employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. 3. Consideration. The City shall pay the District $100.00 per bus per round trip. This payment shall be full compensation to the District for the costs of the school buses, the fuel Page 1 of 3 to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. S. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination, The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from Calallen ISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's.compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. All money spent for transportation for the Summer Program, and youth recreation program participants through this Agreement must be spent out of Page 2 of 3 currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of 2014. CITY OF CORPUS CHRISTI CALALLEN INDEPENDENT SCHOOL DISTRICT Ronald L. Olson Arturo Almend ez,Ed.D. City Manager Superintendent ATTEST: Rebecca Huerta City Secretary Approved as to legal form May 14, 2014 By: Buck Brice, Assistant City Attorney for City Attorney Page 3 of 3 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT -This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule. municipal corporation (City), and the Flour Bluff Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Corpus Christi Independent School District's school campuses, a Calallen Independent School District campus, a Flour Bluff Independent School District school campus, as well as a youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to consider requests to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ("ADA"), for a fixed fee of $4.78 per mile to transport the Summer Program participants from their respective campuses to the various activity sites; NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 16,2014 and ends August 8,2014, 2. Services to be provided. District shall review and consider requests to provide its District school buses (including ADA accessible school buses) and District-employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. Transportation requests will be considered on a trip by trip basis dependent on the availability of buses and staff. 3. Consideration. The City shall pay the District $4.78 per mile for each mile Page I of 3 traveled from the District's bus barn to the activity site and back to the District's bus barn. This payment shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from Flour BIuff ISD, or their designee, for the number of buses needed,the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. Transportation requests will be placed no later than seven days prior to date of departure. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. Page 2 of 3 10. Current Revenue. All money spent for transportation by the City for the Summer Program, Weed and Seed, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of— , 2014. CITY OF CORPUS CHRISTI FLOUR BLUFF INDEPENDENT SCHO�OL DISTRICT N( �' IVN. Ronald L. Olson Mr.Dale Mecom City Manager Transportation.Director . ATTEST: Rebecca Huerta City Secretary Approved as to legal form May 22, 2014 By: Buck Brice, Assistant City Attorney for City Attorney Page 3 of 3 �vs c A AGENDA MEMORANDUM P"ORPORP1,-0 Future Item for the City Council Meeting of June 24, 2014 1852 Action Item for the City Council Meeting of July 8, 2014 DATE: May 31, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager for Public Works & Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Mark Van Vleck, P. E., Executive Director of Utilities markvv @cctexas.com (361) 826-1874 Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 Amendment No. 3 Padre Island Water Supply Study CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to an Engineering Design Contract with Urban Engineering from Corpus Christi, Texas in the amount of $141,323, for a total re-stated fee of $738,539, for the Padre Island Water Supply Study for the extension of the 8- inch diameter gas line from the termination point of the Padre Island Water Supply project to Aquarius Street. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 3 to an Engineering Design Contract with Urban Engineering from Corpus Christi, Texas for Padre Island Water Supply Study. BACKGROUND AND FINDINGS: The project constructs a new 18-inch diameter water transmission main, 8-inch diameter natural gas line, and a 4-inch diameter municipal information system conduit from Laguna Shores Road to Padre Island and provides for a redundant water feed to Padre Island. The construction contract was awarded to Bridges Specialties, Inc. from Robstown, Texas on February 11, 2014. City staff requested professional services to prepare plans and specifications for the extension of the 8-inch diameter gas line, from the termination point of the Padre Island Water Supply project to Aquarius Street. This improvement will meet the requirements of the Texas Railroad Commission (TRRC) and will interconnect into the Corpus Christi distribution system as stated in the Gas Department Business Plan. ALTERNATIVES: 1. Authorize execution of Amendment No. 3. (Recommended) 2. Do not authorize execution of Amendment No. 3. (Not recommended) OTHER CONSIDERATIONS: Urban Engineering from Corpus Christi, Texas was selected for this project as a result of RFQ No. 2010-01 Professional Services for Department of Engineering Services Projects. Urban Engineering was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CONFORMITY TO CITY POLICY: Amendment No. 3 complies with the Professional Procurement Act and City Policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Gas Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Project to Fiscal Year Date Current Year Future Years TOTALS 2013-2014 Expenditures (CIP only) Line Item Budget $699,200.00 $7,980,000.00 $8,679,200.00 (Water) Line Item Budget $99,700.00 $2,455,700.00 $2,555,400.00 (Gas) MIS Operating during $65,581.00 $65,581.00 design Encumbered / $864,481.00 $864,481.00 Expended Amount This Item $141,323.00 $141,323.00 Future Anticipated Expenditures This $10,892,752.00 $10,892,752.00 Project BALANCE $0.00 $266,106.00 $266,106.00 Fund(s): Water CIP #16, Gas CIP #4, Prior MIS Operating COMMENTS: Not applicable RECOMMENDATION: City Staff recommends the approval of Amendment No. 3 with Urban Engineering from Corpus Christi, Texas so design may be completed in 90 days. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 3 Presentation PADRE ISLAND WATER SUPPLY PROJECT BUDGET FUNDS AVAILABLE: Water CIP............................................................................................................ $8,679,200.00 Gas CIP.............................................................................................................. 2,555,400.00 MIS Operating...................................................................................................... 65,581.00 Future Gas Funding Requested........................................................................... 1,000,000.00 TOTAL FUNDS AVAILABLE.................................................................................. $12,300,181.00 FUNDS REQUIRED: Construction: Water Line Construction Allocation................................................. $4,051,211.34 Gas Line Construction Allocation.................................................... 2,113,581.33 MIS Conduit Construction Allocation (funded through Water CIP)......... 1,143,538.13 Construction (Bridges Specialties)............................................................................ $7,308,330.80 Contingencies(10%)............................................................................................. 730,833.20 Consultant Fees: Engineer Design (Urban Engineering)* ...................................................................... 597,216.00 Geotechnical Testing (Kleinfelder Central, Inc.)**......................................................... 70,000.00 Engineer Design (Urban Engineering)Amendment No. 3 (This Amendment)................... 141,323.00 Construction Estimate(For this Amendment Work)...................................................... 832,193.00 Construction Inspection (Estimated)......................................................................... 40,000.00 Geotechnical Services during construction (Estimated)............................................... 30,000.00 Reimbursements(For two construction contracts) Administration/Finance (Capital Programs/Capital Budget/Finance)............................ 369,005.00 Engineering Services(Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs)................ 738,010.00 Misc. (Printing, Advertising, etc.).............................................................................. 45,000.00 TOTAL............................................................................................................... $10,901,911.00 ***PROJECT BUDGET BALANCE........................................................................... $1,398,270.00 *Consultant Design Contract awarded on June 21, 2011 to Urban Engineering by Motion No. 2011-134 and amended on February 26, 2013 by Motion No. 2013-037. **Testing Contract awarded on October 23, 2012 to Kleinfelder Central, Inc. by Motion No. 2012-186. *** Remaining budget is estimated balance from the original waterline construction contract and not available for the gas line project. I TEFL TRANSMISSION L IGUNA MADRE CROSSING it ,I I u r Et r I R JECT LOCA►TICDI�1 , �I VV � �, � ✓�� II � d IYbr ('� �,� 11 e€a (��l � �I V� '� / NI � �`YA, t �`Jl ✓ � plPwa u' I � B r (�r w Vu�ol Fop n o I'� 1 /,, .-y�" -wJ�' ��., "' � V .DV y �/� �,��a �j�yr�r "µpry, »�,r � � �M'.•��` I R Cr�T,�Vut�« AN t ar CITY COUNCIL EXHIBIT w Padre Island Water Supply Study CITY OF CORPUS CHRIST!,TEXAS 8-inch Diameter Gas Lavine DEPARMENTCP CAPITAL PROGRAMS PAGE 1 OF I CITY OF CORPUS CHRISTI AMENDMENT NO. 3 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Urban Enclineeri�nD, hereinafter called "ENGINEER," agree to the following amendment to the Contract for Professional Services for Padre Island Water Supply Study (Project No. E10172), as authorized and amended by:: Oriq final N Agreement November 5, 2010 ITITITITITIT_ ITITIT Administrative A proval $49,870.00 Amendment No. 1 June 21, 2011 Motion M2011-134 $364,370.00 Amendment No. 2 February .013 Motion M2013-037 $182,976.00 .........--- EXHIBIT "A", SECTION 1. SCOPE OF SERVICES shall be amended as specified in the attached Amendment No. 3 Exhibit "A". EXHIBIT "A", SECTION 3. FEES shall be amended as specified in the attached Amendment No. 3 Exhibit "A" Summary of Fees, for a, revised fee not to exceed $141,323.,00 One Hundred Forty One Thousand Three Hundred Twenty Thiree Dollars and Zero Cents), for a total restated fee not to exceed 1738,5391.00 (Seven Hundred ThiEtj Ei_qht Thousand Five Hundred Thi[!X.Nine Dollars and Zero Cents), Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the November 5, 2010 contract and amendments between the City and Engineer will remain in full, force and effect. CITY OF CORPUS CHRISTI LIRI AN GINEERING L,2 Natasha Fudge, P'. E,, Date ,James L. Urban, P.E. Datb Acting Director of Capital Programs 2725 Swan,tner Drive Corpus Christi,, Texas 78404 (361,) 854-3101 Office RECOMMENDED, (361) 854-6001 Fax Operating Department Date APPROVED Office of Management Date and Budget ATTEST Project Number: E10172 Fund Source: 530000-4555-00000-E10172 Rebecca Huerta, City Secretary Fund Name: Gas CIP Revenue Bond Encumbrance Number: El 01 72AUR AMEND. NO. 3 Page 1 of 1 WENGINEERING r1AtAr-XCHANGE%VELMAP1WATER4E10172 PADRE ISLAND WAIER%JPPLY STUOMMENDMENT NO 3MENDMENT NO 3,010,CX URBAffa Job No.: 33760.134.00 ENGINEERING May 23, 2014 REV2 TRANSMITTED VIA EMAIL Natasha Fudge, P.E. Acting Director of Capital Programs City of Corpus Christi P. C. Box 9277 Corpus Christi, Texas 78469 Subject: Amendment No.3—Padre Island Water Supply E10172—8 Inch Gas Line Extension to 6guarius,Street Dear Natasha, This proposal is in response to a request from City staff to provide professional services for an extension of the 8-inch gas line, from the termination point of the Padre Island Water Supply project to Aquarius Street, as shown on the attached Exhibit, We propose the following contract amendment to the Padre Island Water Supply('#E10172,) to prepare plans and specifications to construct the proposed gas line improvements; 1. SCOPE OF SERVICES: BASIC SERVICES Design Phase Services a. Attend!,(1) one kickoff meeting. b. Provide Project Management services to ensure that the project deliverables that are provided meet the stake holder's requirements. c. Review, study, and verify all applicable comments and recommendations from the Padre Island Water Supply project (EI0172) and incorporate into the new gas line project contract documents. d. Prepare construction contract documents (plans and specifications) for the 8 Inch Gas Line Extension to Aquarius Street. These plans and specifications will follow the City of Corpus Christi format as follows: e. Prepare one (1) set of 60% and one (1) set of 100% Contract and Bid Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings,to fix and describe,for bidding, the size and character of the entire project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. Bid packages will also be provided electronically in PDF and CAD formats. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. f. Prepare a 60% Opinion of Probable Construction Cost Estimate (OPCC) g, Following the City's review of the 60% submittal package, the A/E will assimilate all review comments and make the appropriate modifications and additions/deletions to the 100% bid package and prepare a 100% OPCC. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. (361)854-3101 2725 SWANTNER DR.* CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 wwwurbaneng,com TBPE Firm#145 AMEND. NO. 3 TBPLS Firm if 1,0032400 EXHIBIT"All I Page 1 of 6 h. Attend (1) one 60% complete design meeting to review the contract and bidding documents. Attend (1) one 100% complete design meeting to review the contract and bidding documents. I. Provide typical traffic control plans and standard traffic control measures for the various construction applications that can be reasonably anticipated. Include bid Items for signage, Illumination, markings and striping, and signalization. The City Traffic Engineering Department will have final authority on the appropriate traffic control set- ups. j. Prepare a storm water pollution prevention plan(SWPPP)for the project and include it in the bid package. k. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the 60%, and 100% complete plans, specifications and bid documents accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. Bid Phase Services The A/E will provide the following bid phase services: a. Attend a Pre-Bid Meeting b. Review and prepare responses to requests for information(RFI's)during the bid phase c. Prepare addenda as needed for the project execution d. Attend the Bid Opening e. Prepare a bid evaluation and provide a written recommendation to the City Construction Phase Services The A/E will perform contract administration to include the following: a. Participate in a pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements that impact the project. b. Review shop and working drawings, materials and other submittals for conformance to contract documents. a. Review field and laboratory tests. e. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. f. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. g. Prepare change orders as authorized by the City (coordinate with the City's construction division). h. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. Page 2 of 6 AMEND. NO.3 EXHIBIT"A" Page 2 of 6 ADDITIONAL,SERVICES (NOT AUTHORIZED) U.S.Army,Coms of Enaineers Nation Wide Permit A/E will conduct a wetland delineation, coordinate with the USACE, prepare a Nation Wide Permit application and assist in pursuit of USACE authorization for the impacts associated with the 8-inch gas line extension. The following tasks will be performed; a. Wetland Delineation: A/E will conduct a wetland delineation within the proposed work corridor in accordance with the 1887 U.S. Army Corps of Engineers (USAGE) Wetland Delineation Manual and Regional Supplement. A/E will provide a draft wetland delineation report to City for review and comment. After receiving approval from City,A/E will submit the delineation report to USACE with a request for a preliminary jurisdictional determination or verified determination. A/E will coordinate with USACE in attempt to attain a preliminary jurisdictional determination or verified delineation. This task includes up to two site visits with USACE and responding to minor questions and requests for additional information. Additional fees may be required if significant requests for additional field work or information are made. b. Pre-construction Notification(PCN): A/E will prepare a Pre-construction Notification (PCN) for applicable USACE Nationwide Permits and/or Regional General Permit for gas pipeline installation and submit the PCN to USACE with a request for concurrence. A/E will coordinate with USACE in attempt to obtain concurrence from USACE that the projects are eligible for authorization under Nationwide Permit and/or Regional General Permits. If USACE determines that the projects are not eligible for use under a Nationwide or Regional General Permit,additional fees may be required to pursue an Individual Permit. Texas DOT Permit A/E will coordinate with the TxDOT and prepare a permit application for the 8-inch gas line extension within their right-of-way. Texas General Land Office Authorization A/E will coordinate with the TGLO and prepare an authorization to construct the 8-inch gas line extension within their jurisdictional area (TxDOT ROW). Topographic/Hy,droaraphic Survey Topographic survey will be undertaken along the proposed horizontal alignment to establish horizontal and/or vertical control for the design and construction of the proposed improvements. A hydrographic survey (soundings) will also be conducted across the channel to establish the channel depth along the proposed alignment. Warranty Phase A/E will provide a warranty inspection of the project site toward the end of the 12-month warranty period and generate a warranty items punch list. Page 3 of 5 AMEND. NO.3 EXHIBIT"A" Pa e3of6 Geotechnical Study ME will enter Into a contract with a Professional Geotechnical Engineer to provide the following scope of services: • Field Program — Subsurface conditions will be explored by performing two (2) soil borings to a depth of SO-ft and four (4) soil borings to depths of 15 ft below existing grade. • Laboratory Testing — Selected samples from the soil borings will be used for laboratory testing. • En ineenng Analysis — The analysis will include braced sloped excavations, pipe bedding and backtill, pavement subgrade reconstruction, subsurface dewatering, HDD drill pad construction, and soil corrosion potential. The results and findings of the geotechnical services will be presented in a written report. II. SCHEDULE: We proposed to complete the Design Phase tasks described above within (120) one hundred and twenty days of receiving the notice to proceed. The schedule for the bidding and construction phases will be determined once the Design Phase has been completed. III. FEE: For services authorized by the Director of Engineering Services, the City will pay the A/E a not- to-exceed fee as per the table below. All fees for Additional Services are unauthorized at this time, requiring authorization by the Director of Capital Programs. Summary of Fees BASIC SERVICES 1. Design Phase $59,580 2. Bid Phase $3,970 3. Construction Phase $15,890 Subtotal Basic Services Fees $79,440 ADDITIONAL SERVICES(NOT AUTHORIZED) 1. USACE Permit $33,105 2. TxDOT Permit $2,275 3. TGLO Authorization $2,275 4.Topographic/Hydrographic Survey $6,615 5. Warranty Phase $1,605 6. Geotechnical Study $16,008 Sub Total Additional Services Fees $61,883 Total Fee $141,323 Page 4 of E AMEND. N0.3 EXHIBIT"Al Pa e4of6 If the above is acceptable, please prepare an amendment to our AE Contract for signatures,. Should your have any questions please let one know. Sincerely, URBAN ENGINEERING ti J. Douglas McMullan„ R.E. J DMI Enclosures xc: Natasha Fudge, P.E.—Engineering Services wlen 1. via email Page 5 of AMEND. NO. 3 EXHIBIT"A'° Pa 2e 5 of 0 0 0 Cl 0 0 0 0 0 Q Q 0 0 0 0 0 0 0000 Q 00000 O 00000 . 000 . 00 O 0000 0 ci : 6cico o 0ui6Li0t( 0000ui 0 00airi Oi J O ao O tl- (O f- (iD (0 0 � O 0 O v 0Il- cn r W to W O O N r U) N r r O N O O u) LO O 0 co IT h to Oi N ti N (V OD ci O In n N to (p h @) 1� M N P- (O r N N T- U)4% 00 tA+ M O O O Q O 0 0 0 0 0 0 0 0 0 0 0 0 0 Q 0 4 0 0 O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O G 0 .j 00000 0 tnO000 tc) 00000 tt'i 0 0000c+i O � z CL to OD t-- O O h I- r O O O N Q M O co r N N O (0 O O? 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'' r O M r O O (O O to L r 00 qq V M M p O Cry C7 0 n 0 Oi O (V Oi M to d 1 N z r N N r r r �- O p 0 afA O ,N2 a 0o 0 0 0 0 o O Q O O O p 0 0 0 0 0 0 O 0008 0 0 0 0 0 0 0 O O o 0 0 0 0 0 0 0 0 0 0 O 0 0 0 O Ttt Q V ci 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 O 0 z 9 °° °° 0 rx Z o e Oo r E r Q c 3 U_ «+ Zt C 2-1 N N CO E O O C H O) d a y N °o w �. N W W A C y Z LL N 7 al rn V a o f E ° 2 rn N y a°i Z. O w Nr a °�' wN ° a IL (iO O c� m i5 U) 1V °� g •- o Q: Vn m c Q ¢OOWamttwwoQ 8 ° °� O > m CL rn m -t � to v 7 c c m 2m a (A � � � C7Q �� c ? nc2c°c ' O cr3 Q H ai y a m :3 0 a? € � Z 1- 7� a v a c -1 0 - o a AMEND. N0.3 V ID a� o ° (° a> O o °� c o (6 U — 3 ° m o .� .� rt Nn. omc) � ova � �- = wL) U) U) a. PaHe66of6 m r N M sf a r N M y to co h O O O r N co d 7 O r r r r r W N E 'a o ° moo m E E .N t6 T o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ua � � � � � � � � � � � 0 0 0 0 0 uD 0 0 0 0 0 r O r M O LO M N c- c7 r N V Q, r cam. c U m O° 0 ° ° °o C) ° ° O ❑ O °o °0 °0 °0 0 O to 0 LO H i m U to LO o O r r N N c7 I0 > to tf3 EA Ef3 VO 0 O O t0 V} ° ° O � O fi3 G9 2! C a - = d 00000 °x00 inmco t°not°n c °o_ � VD, Fm- Fm- Im- `O E >> r a s O O O O O O O ti Q Q Q Ih O r- I` W ++ O O O O to O N N it Lo O 0 0 I` to N O %- W m m m 1t N O ¢ e= M M CD N e- r V w le N Z O C EF3 iA 64). 691 EA � X to N O UXN Q U W X r — ° O N N m N Nm Z Z d O O 10 (U ( R a- - 0 .2 Z r 17 17 r to 6v* r � W ° > � a J r E°fi O ° ° ° N ° Q Q Q N O N N O f O G O O f- H H r- O r r U Z r 64 TZ r 69 G9 r N� .a �+ O O O O O O O O Q ❑ ❑ 0 O O O 0 0 0 0 0 0 O m m m 0 0 0 0 i 0 0 t0 In O O O 00 O N N � N N �C � � O U N N V N U (D co U- 0 d LL_ ,V V 0� (a O N t 2 C V o V d tea a. � o m c c 4. o can to Q Z+ i>- is IL N c :� O C U rn Q ° O N p O E rn a 6 o = m 0 o E v . •m a w 'a o � '0 0 � N m °� U � z m � o m aomc) cn ¢ CL sif0cn (n U) in AMEND.NO.3 EXHIBIT "B" Page 1 of 1 1 SUPPLIER NUMBER TO BE ASSIGNED BYCITY-- PURCHASING DIVISION CiLY of CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Chfisti City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: URBAN ENGINEERING P.O.BOX: N/A CORPUS 784Q4 STREET ADDRESS: 2725 SWANTNER DR. CITY: CHRISTI ZIP: FIRM IS: 1. Corporation 2. Partnership 07 3. Sole Owner ❑ 4. Association e 5. Other DISCLOSURE QUESTIONS If additional space is necessai�+,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job 'Title and City Department(if known) 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title , 11 A 1114 1 PC 3. State the names of each"board member"of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a"consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant FILING REQUHUNINNTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed wnting filed with the City Secretary. [Ethics Ordinance Section 2-344(d)] CERTIFICATION I certify that all information provided is true and cofrect as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Title: f itcNC( 4K- (Type or Print) Signature of Certifying Date: Person: ` DERNMONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part time basis,but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership,corporation,joint stock company,joint venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. e. "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. E "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held"refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements" g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. -a-j O � N 4-j d� � O � U a� a� 1 tA 4-J E Piz m U ° tn d 0 CL u m RU O Ln CL s�. { FI^ U srypl�a � r i i r !1� i W �cs uj `S i ✓l Z r t �u ti r R E ya U CL OL L- V H s C Oa LA 22 H m W m V v (� o Ln 4-1 om a > m O z E N 4, W O .O U CL N L .................. V1 °p V O a E R U o Ln CL s�. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O a0 N O O O O O O O O 0 0 — — O co (O O O co m M Lo w O O a0 a0 M M — O O N M M I— O M N F L M a0 N O O M L a0 C a0 CF) LO LO O a0 C) r'. O O (o 0.) -4 w I— LO 0 O O M M I-- N LO O M W � � (O L M M r— L I— O N O C� 00 N r— fh N O EA EA 6 N Z o M M a Z M M : C 00 O O a0 M 0 4-j LQ 2 ^ M M >+ LO (2 O) C) co a N r 's= 60- : : a co ' U co U yL+ : L M T C6 N O 0 V — C6 a� o ° Y _ O0 a M N N O •O C N N Z _ a) a) O C N C6 -Fu C O � p a N L C � Q O a) O p 0) O L 0) O M O cu CU p C-) �� .L U .L 0 U O 0 N O O N W N U Q :_ U :_ ZV cu (o Q O CO O) � M O) —C) N O W C Q p U C C L C 0 L �+ J o a ;. W • W cu v O U) = Y m co — N co 6 j O -0 co W D = V) a) o a� cu O H U a) J W L 0 t� o U W W LL �_ U c U c aa)i 0 a N D o L a� p a� U � m •0 H U .0) W 0 D 0 W o J r a o '0 C) C) o aa)i m c a U a L O :. c c c '- cn a) f V) U W U J V) L a? N U L a� 0 0 a) L J W E c co ca U .. c c a) a) c .. � Q cn ca N o z c U c c o o c O a� = = U � a U � Ii U d Ii U U w 0 U w U a Ga AGENDA MEMORANDUM CORPORR1 0 Future Item for the City Council Meeting of June 24, 2014 x851 Action Item for the City Council Meeting of July 8, 2014 DATE: June 5, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager for Public Works & Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 Interlocal Agreement with Downtown Management District Public Outreach and Coordination in Downtown Area CAPTION: Resolution authorizing the City Manager, or designee, to execute an Interlocal agreement with the Corpus Christi Downtown Management District (DMD) in the amount of $160,000 over a three year period to provide coordination and public outreach between the City and stakeholders involved in projects in the downtown area. PURPOSE: The purpose of this Agenda Item is to enter into an Interlocal agreement with the DMD to provide city coordination and public outreach with stakeholders for projects located in the downtown area. BACKGROUND AND FINDINGS: Downtown Corpus Christi is experiencing important City infrastructure and private sector construction projects which will revitalize Downtown yielding renewed streetscape, destinations, residential options and parking. The Downtown Management District (DMD) will work with the City to carefully manage the construction period and process in order to minimize negative impact and enhance stakeholder buy-in to longer term outcomes. The goal will be to work in partnership to: • Prioritize Downtown City infrastructure projects through stakeholder engagement (DMD, Marina, SEA District) • Assist with developing comprehensive way finding system. • Minimize both public and private sector construction project footprints. • Maximize public (vehicular and pedestrian) access to businesses. • Shorten construction time and periods of business interruption. • Proactively communicate with Downtown businesses and address issues. • Promote affected businesses and communicate with consumers. • Leverage City communication efforts. Key Audiences: Communications and stakeholder engagement will be focused on the following key audiences: • Employers • Employees • Hotel, Restaurant, Retail merchants • Residents • Visitors DMD Assets DMD will utilize its partnerships and tools to support the goals of this scope of work and its goals. DMD Partnerships • Cleaning and Safety Partnership • Infrastructure Committee • Downtown Merchants Association (June 2014) • Advisory Council (July 2014) DMD Tools • DMD family of websites with more than 3 million hits annually • email list nearly 2,000 contacts • Downtown database with more than 200 property owners and businesses operators • Facebook with 10,141 friends • Twitter with 877 followers • Media relations • Newsletter • Activity Report • Board meetings ALTERNATIVES: 1. Authorize execution of Interlocal Agreement with Downtown Management District. 2. Do not authorize execution of Interlocal Agreement with Downtown Management District. (Not recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy and the City's Charter. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑Revenue X Capital ❑Not applicable Project to Fiscal Year Date Current Year Future Years TOTALS 2013-2014 Expenditures (CIP only) Line Item Budget $60,000 $100,000 $160,000 Encumbered / Expended Amount This Item $60,000 $60,000 Future Anticipated Expenditures This $100,000 $100,000 Project BALANCE $0.00 $0.00 COMMENTS: Not applicable RECOMMENDATION: City Staff recommends the approval of the Interlocal Agreement between the City of Corpus Christi and the Downtown Management District. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT (DMD) IN THE AMOUNT OF $160,000 OVER A THREE YEAR PERIOD TO PROVIDE COORDINATION AND PUBLIC OUTREACH BETWEEN THE CITY AND STAKEHOLDERS INVOLVED IN PROJECTS IN THE DOWNTOWN AREA. 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 an Interlocal Agreement with the Corpus Christi Downtown Management District (DMD) to provide assistance with City of Corpus Christi capital construction projects in the form of public outreach and coordination with downtown stakeholders. SECTION 2. The City of Corpus Christi agrees to pay the Corpus Christi Downtown Management District (DMD) over a three year period at the rate of $60,000 for year one, $50,000 for year two, and $50,000 for year three for a total of $160,000. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 CITY OF COPRUS CHRISTI § § INTERILOCAL AGREEMENT DOWNTOWN MANAGEMENT DISTRICT § This Interlocal Agreement ("Agreement") made and entered into this 8T" day of July, 2014, by and between the Corpus Christi Downtown Management District, hereinafter referred to as "CCDMD", and the City of Corpus Christi, a Texas home-rule municipal corporation hereinafter referred to as "City", under the authority of their governing bodies and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791 of the Texas Government Code. WITNESSETH: WHEREAS, both the City and CCDMD represent to one another that each respective party has the authority to enter into this Agreement and perform the obligations and duties stated herein; and WHEREAS, the City and CCDMD specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party; and WHEREAS, City infrastructure projects and private sector projects, though important for downtown's future success, can have short-term, adverse effects on downtown businesses. WHEREAS, CCDMD desires to help improve planning, minimize business interruption and work to bring City and stakeholders together to avoid or minimize hardships that infrastructure and private projects have on downtown businesses; WHEREAS, the City would like to improve downtown project planning, management and execution and improve stakeholder engagement and communications; NOW THEREFORE, this Agreement is made and entered into by the City and CCDMD in consideration of the aforementioned recitals and for the mutual consideration stated herein: 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which the parties agree to provide for the execution of a three-year contract between the City and CCDMD to provide public outreach services for City of Corpus Christi construction projects to the mutual benefit of the City and CCDMD. 2 2. CURRENT CONDITION AND NEED Downtown Corpus Christi is experiencing important City infrastructure and private sector construction projects which will revitalize Downtown yielding renewed streetscape, destinations, residential options and parking. Current construction projects that are currently underway or will start within 6 months with a construction period for some projects of up to 18 months include: • Shoreline Realignment (City) • Cosmopolitan (Private) • Chaparral St. two-way conversion (City) • Twigg St. (City) • The Kinney Hotel (Private) • La Retama Park renovation (City) Additional projects that will impact downtown businesses currently in planning stages with 18-48 month construction periods include: • Chaparral St. Phases II-IV (City). • Harbor Bridge Project (TxDot). • Mesquite St. conversion to two-way (City). • Water Street signalization project (City). • Ward Building Redevelopment (Private). Future projects that might begin construction in the next 36 months include: • Redevelopment of the 300-400 blocks of N. Chaparral St. (Private). • Development of Robert Rowling properties (Private). • Tres Sientos apartments (Private). 3. PARTNERSHIP The CCDMD will work with the City to carefully manage the construction period and process in order to minimize negative impact and enhance stakeholder buy-in to longer term outcomes. The goal will be to work in partnership to: • Prioritize Downtown City infrastructure projects through stakeholder engagement (CCDMD, Marina, SEA District) • Assist with developing comprehensive way finding system. • Minimize both public and private sector construction project footprints. • Maximize public (vehicular and pedestrian) access to businesses. • Shorten construction time and periods of business interruption. • Proactively communicate with Downtown businesses and address issues. • Promote affected businesses and communicate with consumers. • Leverage City communication efforts. 4. KEY AUDIENCES: Communications and stakeholder engagement will be focused on the following key audiences: • Employers • Employees • Hotel, Restaurant, Retail merchants • Residents • Visitors 5. CCDMD TOOLS CCDMD will utilize its partnerships and tools to support the goals of this scope of work and its goals. CCDMD Partnerships • Cleaning and Safety Partnership • Infrastructure Committee • Downtown Merchants Association (June 2014) • Advisory Council (July 2014) CCDMD Tools • CCDMD family of websites with more than 3 million hits annually • email list nearly 2,000 contacts • Downtown database with more than 200 property owners and businesses operators • Facebook with 10,141 friends • Twitter with 877 followers • Media relations • Newsletter • Activity Report • Board meetings 4 6. TERMS AND CONDITIONS This Agreement shall have a three year (36 month) term and shall be effective upon its date of execution by the last party to execute the Agreement. The City shall pay DIVID as follows: • Year One: $60,000 • Year Two: $50,000 • Year Three: $50,000 7. TERMINATION This Agreement may be terminated by either party upon thirty days advance written notice. 8. NOTICE Official notice shall be in writing and delivered to all of the parties to this Agreement. Delivery shall be fax or deposit in the United States Postal Service, first class, return receipt requested to: TO THE CITY: The City of Corpus Christi City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 The City of Corpus Christi City Attorney's Office P.O. Box 9277 Corpus Christi, Texas 78469-9277 TO THE CCDMD: Corpus Christi Downtown Management District Terry Sweeney Executive Director 233 N. Chaparral Street, Suite A Corpus Christi, Texas 78401 5 9. FINANCIAL RISK & LIABILITY The Except for as provided under this Agreement, neither the City nor the CCIVID assume any financial risks or liability under this Agreement and each party hereby releases the other from any financial risk or liability of any kind whatsoever in connection with this Agreement.. 10. INDEMNIFICATION Notwithstanding the foregoing, the City and CCDMD agree that each party shall each be responsible for its own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement, without waiving any sovereign governmental immunity available to either CCDMD or City under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. This term survives termination of this Agreement. 11. CURRENT REVENUES Each party, in performing governmental function or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party. 12. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto. 13. SEVERABILITY If any provision of this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. 14. WAIVER It is not a waiver of default if the non-defaulting party fails to declare a default or delays in taking any action. 6 15. HEADINGS The titles which are used following the number of each paragraph are only for convenience in locating various provisions of this Agreement and shall not be deemed to affect the interpretation of such provision. 16. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 17. APPROVAL This Agreement is expressly subject to and contingent upon formal approval by the Corpus Christi Downtown Management District and by Resolution of the Corpus Christi City Council. IN WITNESS WHEREOF this Agreement has been executed on behalf of the Corpus Christi Downtown Management District and the City of Corpus Christi in the manner provided by law. THE CITY OF CORPUS CHRISTI THE DOWNTOWN MANAGEMENT DISTRICT By: B Y:-I)\I--� Ronald L. Olson Terry Sw6eney City Manager Exe�6tiv"Director Date: Date: