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Agenda Packet City Council - 03/10/2015
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, March 10, 2015 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Minister Eddie Rodriguez, Church of Christ. C. Pledge of Allegiance to the Flag of the United States to be led by Stacie Talbert Anaya, Interim Director of Parks and Recreation. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-0228 Proclamation declaring March 13th, 20th, and 27th, 2015, "Fill the Boot for Muscular Dystrophy Association Days" 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 3/5/2015 City Council Meeting Agenda - Final March 10, 2015 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. EXECUTIVE SESSION: (ITEMS 2 - 8) 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 officer. 2. 15-0253 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to negotiations with the U.S. Environmental Protection Agency concerning its proposals regarding the City's sanitary sewer system,with possible action and discussion in open session. 3. 15-0248 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to negotiations for economic development incentives with a commercial retailer; pursuant to Texas Government Code § 551.087 to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and/or financial or other incentives involving said business prospect, including but not limited to negotiations for economic development incentives with a commercial retailer; with possible action and discussion in open session. Corpus Christi Page 2 Printed on 3/5/2015 City Council Meeting Agenda - Final March 10, 2015 4. 15-0249 Executive Session pursuant to Texas Government Code § 551.072 concerning the purchase, exchange, lease or value of real property (including areas on or adjacent to McArdle Road) with possible action and discussion in open session. 5. 15-0250 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning SOAH Docket No. 473-15-1931.WS, PUC Docket Number 44050 and wholesale water sales related litigation, with possible action and discussion in open session. 6. 15-0252 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding fire collective bargaining negotiations, the Agreement between the City of Corpus Christi and the Corpus Christi Firefighters Association and/or police association, with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. 7. 15-0251 Executive session pursuant to Texas Government Code § 551.076 concerning security personnel and devices, with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. 8. 15-0243 Executive session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of all Municipal Court Judges with possible discussion and action in open session. I. MINUTES: 9. 15-0229 Regular Meeting of February 24, 2015 Attachments: Minutes - February 24, 2015 J. BOARD & COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 10 - 13) 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 Corpus Christi Page 3 Printed on 3/5/2015 City Council Meeting Agenda - Final March 10, 2015 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. 10. 15-0128 Authorizing State of Texas, Criminal Justice Division grant application Resolution authorizing the submission of a grant application in the amount of $46,194.48 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $19,354.48, an in-kind match of $5,520, for a total project cost of $71,068.96; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda Memo - VAWA Grant Resolution - VAWA Grant 11. 15-0136 Authorizing Texas Parks & Wildlife Department grant application for improvements at West Guth Park Resolution authorizing the City Manager or designee to apply for a Texas Parks & Wildlife Local Grant Program for West Guth Park in amount of $400,000 with City matching funds of $400,000. Attachments: Agenda Memo - TPWD Grant for West Guth Park2015 Resolution -TPWD Outdoor grant for West Guth Park Attachment - LocalParksResolutionAuthorizingApplication Attachment - LocalParksApplicant'sCertification&ProgramAssurances 12. 15-0111 Second Reading Ordinance - Rezoning from commercial with a special permit to light industrial at 10328 Interstate Highway 37 access road (1st Reading 2/24/15) Case No. 0115-05 Hayden Partners LLC: A change of zoning from the "CG-2/SP" General Commercial District with a Special Permit for a warehouse use to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from commercial to industrial uses. The property is described as Lot 2, Block 3, River Square Unit 1, located along the north side of Interstate Highway 37 Access Road at the southeast corner of Turtle Creek Boulevard and River Run Boulevard. Planning Commission and Staff Recommendation (January 28, 2015): Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit subject to a site plan and ten conditions. Ordinance: Corpus Christi Page 4 Printed on 3/5/2015 City Council Meeting Agenda - Final March 10, 2015 Ordinance amending the Unified Development Code ("UDC"), upon application by Hayden Partners LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 2, Block 3, River Square Unit 1, from the "CG-2/SP" General Commercial District with a Special Permit for a warehouse use to the "CG-2/SP" General Commercial District with a Modified Special Permit for a warehouse use; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Hayden Partners LLC Ordinance - Hayden Partners LLC SP Ordinance - Hayden Partners LLC Presentation - Aerial Map Hayden Partners LLC Zoning Report -Hayden Partners LLC 13. 15-0104 Second Reading Ordinance - Appropriating reimbursement from Texas State Library and Archives Commission (1st Reading 2/24/15) Ordinance appropriating reimbursement received from the Texas State Library and Archives Commission for participation in Interlibrary Loan Program in the amount of $21,898.50 into the General Fund No. 1020, La Retama Central Library Organization No. 12800, to be used for library technology services; and Changing the FY14-15 Operating Budget adopted by Ordinance No. 030294 by increasing revenue and expenditures by $21,898.50 each. Attachments: Agenda Memo - Appropriating Reimbursement Ordinance - Appropriating Reimbursement M. PUBLIC HEARINGS: (ITEMS 14 - 15) 14. 15-0178 Public Hearing and First Reading Ordinance - Amending the Unified Development Code to increase the self -storage use compartment size limitation Ordinance amending the Unified Development Code ("UDC") by revising Section 5.2.14.0 allowing an increase in self -storage use compartment sizes from 400 square feet to 500 square feet; and providing for severance, penalties, and publication. Attachments: Agenda Memo - UDC Text Amendment, Self -Storage Ordinance - UDC Text Amendment, Self -Storage 15. 15-0200 Public Hearing and First Reading Ordinance - Rezoning from Farm Rural to Single -Family on Tract 1 and to Commercial on Tract 2 at 714 FM 2444 Case No. 0115-06 South Staples LLC: A change of zoning from the Corpus Christi Page 5 Printed on 3/5/2015 City Council Meeting Agenda - Final March 10, 2015 "FR" Farm Rural District to the "RS -15" Single -Family 15 District on Tract 1 and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2. Tract 1 is described as being an 8.57 acre tract out of a 78.76 acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts. Tract 2 is described as being a 5.22 acre tract out of a 78.76 acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts. The properties are located at the northwest corner of South Staples Street (FM 2444) and County Road 41A. Planning Commission and Staff Recommendation (February 11, 2015): Tract 1: Denial of the rezoning from the "FR" Farm Rural District to "RS -15" Single -Family 15 District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit subject to a site plan and conditions. Tract 2: Approval of the rezoning from the "FR" Farm Rural District to "CN -1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by South Staples, LLC ("Owner"), by changing the UDC Zoning Map in reference to Tract 1, being an 8.57 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, and Tract 2, being a 5.22 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, from the "FR" Farm Rural District to the "RS-22/SP" Single -Family 22 District with a Special Permit on Tract 1; and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - South Staples LLC Ordinance - South Staples LLC Ordinance SP - South Staples LLC Presentation - South Staples, LLC Zoning Report - South Staples, LLC N. REGULAR AGENDA: (ITEMS 16 - 20) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 16. 15-0054 Approving grant funds for the rehabilitation of the La Armada II Public Housing Complex Corpus Christi Page 6 Printed on 3/5/2015 City Council Meeting Agenda - Final March 10, 2015 Motion approving grant funds for the rehabilitation of the La Armada II Public Housing Complex, and authorizing the City Manager or his designee to execute an affordable housing agreement with the Corpus Christi Housing Authority. Attachments: Agenda Memo - CC Housing Authority Interlocal Agreement - CCHA La Armada 17. 15-0160 Second Reading Ordinance - Approving termination of RecycleRewards agreement and non -allocation of funds for budget fiscal year 2015-2016 (Tabled on 2/17/15)(1st Reading 2/24/15) Ordinance approving a termination of the agreement with RecycleRewards and non -allocation of funds due to the necessity to fund improvements to solid waste services in the operating budget for fiscal year 2015-2016; finding that the termination and issuance of certificates of obligation for solid waste services capital improvements are both necessary and prudent; directing that a copy of this ordinance be included with the adopted FY2015-2016 Operating Budget; and providing for severance. Attachments: Agenda Memo - RecycleBank Termination Ordinance - RecycleRewards Termination v2b 20150212 two readings (2).pdf 18. 15-0090 Second Reading Ordinance - Lease Agreement with Corpus Christi Regional Transportation Authority for a Temporary Bus Transfer Station Site (Requires 28 day delay) (1st Reading 2/10/15) Ordinance authorizing the City Manager or designee to execute a seven (7) month lease agreement with Corpus Christi Regional Transportation Authority for the use of property bounded by Leopard, Sam Rankin, Mestina and Josephine Streets, for a temporary bus transfer station. Attachments: Agenda Memo - CCRTA Lease Agreement.pdf Ordinance - CCRTA Lease Agreement Location Map - CCRTA Lease Agreement Lease Agreement - CCRTA 19. 14-001442 Second Reading Ordinance - Lease Agreement for the 2015 Fiesta de la Flor event and related activities for April 17-18, 2015 (Requires 28 Day Delay) (1st Reading 1/27/15) Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau ("CCCVB") for 2015 Fiesta de la Flor event and related activities to be held on April 17, 2015 and April 18, 2015, and allow use of City property including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. Corpus Christi Page 7 Printed on 3/5/2015 City Council Meeting Agenda - Final March 10, 2015 Attachments: Agenda Memo - Fiesta de la Flor 2015v2 Ordinance - Fiesta de la Flor Event Lease Agreement - Fiesta de la Flor 2015 v3 20. 14-001446 Second Reading Ordinance - Lease Agreement with the Corpus Christi Hispanic Chamber of Commerce for Tex Mex Railroad Depot (Requires 28 day delay) (1st Reading 1/27/15) Ordinance authorizing the City Manager or designee to execute a five year lease agreement with Corpus Christi Hispanic Chamber of Commerce for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of improvements to premises and rental payments of $450 per month beginning month 37 increased to $900 per month beginning month 49. Attachments: Agenda Memo - CC Hispanic Chamber TexMex RR Depot Lease Agreement Ordinance - CC Hispanic Chambe Tex Mex RR Depot Lease Agreement - with Hispanic Chamber of Commerce 2015v2 O. FIRST READING ORDINANCES: (ITEMS 21 - 23) 21. 15-0182 First Reading Ordinance - Closing a portion of a utility easement located east of and at the dead-end of the Lands' End Drive public street right-of-way. Ordinance abandoning and vacating a 925 -square foot portion of an existing 10 -foot wide utility easement out of Lot 32A, Block 16, Rancho Vista Subdivision Unit 8, located east of and at the dead-end of the Lands' End Drive public street right-of-way; and requiring the owner, Yorktown Oso Venture, to comply with the specified conditions. Attachments: Agenda Memo - Rancho Vista Unit 8 Ordinance - Rancho Vista Unit 8 22. 14-001440 First Reading Ordinance - Engineering contract for City of Corpus Christi Regional Water Supply Strategic Sustainability Plan (Tabled on 1/13/15) Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 to add Project No. E14001 City of Corpus Christi Regional Water Supply Strategic Sustainability Plan; transferring and appropriating $572,365 from the Unreserved Fund Balance in No. 4041 Raw Water Supply Development Fund to and appropriating in the No. 4080 Water CIP Fund for the City of Corpus Christi Regional Water Supply Strategic Sustainability Plan; and authorizing the City Manager or designee to execute a Professional Services Agreement in the amount of $539,967 with CH2M Hill Engineers, Inc., a Delaware Corporation with a branch office in Corpus Corpus Christi Page 8 Printed on 3/5/2015 City Council Meeting Agenda - Final March 10, 2015 Christi, Texas for the City of Corpus Christi Regional Water Supply Strategic Sustainability Plan for technical, public outreach, strategic planning and associated services. Attachments: Agenda Memo - Water Supply Ordinance - Water Supply Prosect Budget - Water Supply Location Map - Water Supply Presentation - Water Supply Contract - Water Supply 23. 15-0158 First Reading Ordinance - Engineering Construction Contract for Cefe Valenzuela Landfill Disposal Sector 1B and 1C Re -Bid Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 by transferring $580,749.23 from Sanitary Landfill 2006 CIP Fund 3362 project reserves to Project E13035 Cefe Valenzuela Landfill Disposal Sector 1B and 10; transferring 74,250.77 from Sanitary Landfill 2008 CIP Fund 3365 project reserves to Project E13035 Cefe Valenzuela Landfill Disposal Sector 1B and 10; increasing the budget by $655,000; and authorizing the City Manager, or designee, to execute a construction contract with LD Kemp Excavating, Inc. of Fort Worth, Texas in the amount of $3,425,921.00 for the Cefe Valenzuela Landfill Disposal Sector 1B and 10 Re -Bid for the total Base Bid plus Additive Alternate 1. Attachments: Agenda Memo - CVL Disposal Sector 1B 10 Ordinance - CVL Disposal Sectior 1B 10 Project Budget - Cefe Location Map - CVL Disposal Sector 1B 10 Presentation Cefe Valenzuela P. FUTURE AGENDA ITEMS: (ITEMS 24 - 31) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 24. 15-0129 Authorizing a grant application submission for funding available under the Victims of Crime Act Fund Resolution authorizing the submission of a grant application in the amount of $90,366.92 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a city match of $18,592.68 and $4,000 in-kind services for a total project cost of $112,959.60; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Corpus Christi Page 9 Printed on 3/5/2015 City Council Meeting Agenda - Final March 10, 2015 Attachments: Agenda memo - VOCA 03.10.2015 Resolution - VOCA GRANT 2015 25. 15-0130 Authorizing a grant application submission to fund year 3 of the Victim Outreach Program Resolution authorizing the submission of a grant application in the amount of $78,273.18 to the State of Texas, Criminal Justice Division Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue Year 3 of the Victim Outreach Program with a City match of $13,368.30 and $6,200 in-kind services, for a total project cost of $97,841.48; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. Attachments: Agenda Memo - VOCA Outreach 03.10.2015 Resolution - VOCA GRANT Victims outreach 2015 (revised) 26. 15-0205 Approving the Purchase of Radar Equipment Motion approving the purchase of twenty (20) ProLaser radars for the Corpus Christi Police Department in the amount of $65,335.60 from Kustom Signals, Inc. Chanute, KS. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (HGAC). Funds are available through the Crime Control and Prevention District. Attachments: Agenda Memo - Radar Equipment Price Sheet - Radar Equipment.pdf 27. 15-0153 Approving the Lease -Purchase of Aerial Platform Vehicle Unit Motion approving the lease -purchase of one (1) aerial platform vehicle unit from Siddons-Martin Emergency Group, Houston, Texas for a total amount of $1,199,000.00, of which $21,199.88 is required for the remainder of FY 2014-2015. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Financing for the lease -purchase will be provided through the City's lease -purchase financing contractor. Attachments: Agenda Memo - Aerial Platform Price Sheet - Aerial Platform 28. 15-0165 Approving the Purchase of the Learning Management Subscription Licenses Motion authorizing the City Manager or designee, to approve a five year agreement for the purchase of Learning Management Subscription licenses and consulting hours from INFOR (US), Inc., Alpharetta, GA in the amount of $257,688. Expenditures for the first year total $97,688 that includes $57,688 in consulting hours and an annual subscription Corpus Christi Page 10 Printed on 3/5/2015 City Council Meeting Agenda - Final March 10, 2015 licenses of $40,000. Funds are available in the Human Resources FY2015 budget and the annual subscription licenses of $40,000 will be requested through the budget process for subsequent years. Attachments: Agenda Memo - INFOR LMS Order Form - INFOR Statement Of Work - INFOR 29. 15-0166 Approving the Purchase of Additional Licenses to a Subscription of Curated Online Courses through OpenSesame Motion authorizing the City Manager or designee to execute all documents necessary to approve the purchase of additional subscription service licenses provided sole source from Open Sesame Inc, Portland OR, for a total expenditure of $74,580 for the subscription service for one (1) year. Funds are available in the Human Resources FY2015 budget. Attachments: Agenda Memo - Open Sesame Content Order Form - OpenSesame Implementation Information - OpenSesame Catalog of Courses - OpenSesame 30. 15-0162 Engineering Construction Contract for new office building at J. C. Elliott Landfill Motion authorizing the City Manager, or designee, to execute a construction contract with LNV, Inc. of Corpus Christi, Texas in the amount of $1,055,000.00 for the J.C. Elliott Landfill New Office Building for the total Base Bid. Attachments: Agenda Memo - JC Elliott Landfill Administration Building Protect Budget - JC Elliott Landfill New Office Building Presentation JC Elliott Landfill New Office Building Location Map - JC ELLIOT LANDFILL NEW OFFICE BUILDING 31. 15-0212 Approving a resolution opposing a Revenue Cap and Legislative Interference with Local Services Resolution of the City of Corpus Christi, Texas, in opposition to a Revenue Cap and Legislative Interference with Local Services. Attachments: Agenda Memo - 84R Oppose Revenue Cap Resolution - 84R Oppose Revenue Cap Q. BRIEFINGS: (ITEMS 32 - 35) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. Corpus Christi Page 11 Printed on 3/5/2015 City Council Meeting Agenda - Final March 10, 2015 32. 15-0144 Drought Update Attachments: Agenda Memo - Drought Update Presentation - Drought Update 3-10-15 v3 (MV) 33. 15-0164 Water Rate Discussion No. 1 - Operations & Maintenance Attachments: Agenda Memo - Water Rate - O&M Presentation - Water Rate - O&M 34. 15-0169 Overview of City Code of Ethics Attachments: Agenda Memo - Code of Ethics Presentation - City Council Code of Ethics 03102015 V5 Amendments - 2015 Ethics Code February 2015 Code of Ethics Rules of Conduct 35. 15-0204 MPO Bicycle and Pedestrian Plan Review Attachments: Agenda Memo - Bicycle and Pedestrian Plan Review Presentation - MPO Bicycle and Pedestrian Plan Review UPDATED 03042015 R. LEGISLATIVE UPDATE: This item is 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 12 Printed on 3/5/2015 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, February 24, 2015 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 Elder Jimmy Perez, The Summit Church. Elder Jimmy Perez gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Wes Pierson, Assistant City Manager. Assistant City Manager Wes Pierson 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. (Note: Council Member Scott arrived at 11:35 a.m.) Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 9 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations / Commendations 1. Proclamation declaring March 2015, "American Red Cross Month". Mayor Martinez presented the proclamation. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. City Manager Olson said Corpus Christi Page 1 Printed on 3/5/2015 City Council Meeting Minutes February 24, 2015 he did not have updates to report. a. OTHER None. I. MINUTES: 3. Regular Meeting of February 17, 2015 Mayor Martinez called for approval of the minutes. Council Member Magill made a motion to amend the minutes on page 12, Item 23, changing the word "education" to "educational" in the motion, seconded by Council Member McIntyre. The Minutes were passed as amended. J. BOARD & COMMITTEE APPOINTMENTS: 4. Crime Control and Prevention District Mayor's Fitness Council Mechanical/Plumbing Advisory Board Reinvestment Zone No. Three Board Tree Advisory Committee Mayor Martinez referred to board and committee appointments. The following appointments were made: Crime Control and Prevention District Council Member Magill made a motion to confirm the appointment of Bradly Tindall (Mark Scott's representative), seconded by Council Member McIntyre and passed unanimously. Mayor's Fitness Council Mayor Martinez made a motion to appoint Angelina Garcia (Community Outreach), seconded by Council Member Scott and passed unanimously. Mechanical/Plumbing Advisory Board Council Member McIntyre made a motion to reappoint James E. Mokry, Jr. (Master Plumber), Clinton Bailey (Master Plumber), Gilbert G. Canales, Jr. (Plumber), Ronald Klepac (Air Conditioning), and Stacy Gallagher (Home Builder), seconded by Council Member Magill and passed unanimously. Council Member McIntyre made a motion to appoint Mike Wanzer (Air Conditioning) and Bob Forbes (Air Conditioning), seconded by Council Member Scott and passed unanimously. Council Member Magill made a motion to appoint David Wallace (Commercial Builder), seconded by Council Member McIntyre and passed unanimously. Council Member McIntyre made a motion to appoint Jared Merdes (Mechanical Engineer), seconded by Council Member Magill and passed unanimously. Council Member Magill made a motion to appoint Tommy E. Watson (Not Connected to the Building Industry), seconded by Council Member Scott and passed unanimously. Reinvestment Zone No. Three Board Council Member Magill made a motion to reappoint Nelda Martinez, Mark Scott, Carolyn Vaughn, Lucy Rubio, Colleen McIntyre and Rudy Garza, seconded by Corpus Christi Page 2 Printed on 3/5/2015 City Council Meeting Minutes February 24, 2015 Council Member Scott and passed unanimously. Tree Advisory Committee Council Member McIntyre made a motion to reappoint Grant S. Ehlen (AEP TX Rep.) and Sylvia Campos (At Large), seconded by Council Member Magill and passed unanimously. K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 5-7) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the consent agenda items, seconded by Council Member Scott. The consent agenda was passed with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 5. Purchase and installation of an alerting system 6. Motion approving the purchase and installation of an Alerting System from Daily -Wells Communications, San Antonio, Texas based on sole source for a total amount of $117,584. Funds have been budgeted by the Fire Department in FY 2014-2015. This Motion was passed on the Consent Agenda. Enactment No: M2015-022 Second Reading Ordinance - Appropriating grant funds for the Local Emergency Planning Committee (LEPC) grant (1st Reading 2/17/15) Ordinance appropriating $27,674.58 from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the No. 1062 Fire Grants Fund for FY 2015 Hazardous Materials Emergency Preparedness grant program, phase II & III, to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safety and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right -to -Know Act of 1986, with a hard match of $6,918.64. This Ordinance was passed on second reading on the Consent Agenda. Corpus Christi Page 3 Printed on 3/5/2015 City Council Meeting Minutes February 24, 2015 Enactment No: 030432 7. Second Reading Ordinance - Purchase and installation of replacement boat crane at the Marina (1st Reading 2/17/15) Ordinance appropriating $260,000 from the unreserved fund balance of the No. 4700 Marina Fund for the replacement of a boat crane; changing the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing appropriations by $260,000; approving the purchase and installation of a boat crane from 1st On -Site Services, LLC, based on sole source, for a total amount of $252,150; and providing for severance. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030433 M. PUBLIC HEARINGS: (ITEM 8) 8. Public Hearing and First Reading Ordinance - Rezoning from commercial with a special permit to light industrial at 10328 Interstate Highway 37 access road Case No. 0115-05 Hayden Partners LLC: A change of zoning from the "CG-2/SP" General Commercial District with a Special Permit for a warehouse use to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from commercial to industrial uses. The property is described as Lot 2, Block 3, River Square Unit 1, located along the north side of Interstate Highway 37 Access Road at the southeast corner of Turtle Creek Boulevard and River Run Boulevard. Planning Commission and Staff Recommendation (January 28, 2015): Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit subject to a site plan and ten conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Hayden Partners LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 2, Block 3, River Square Unit 1, from the "CG-2/SP" General Commercial District with a Special Permit for a warehouse use to the "CG-2/SP" General Commercial District with a Modified Special Permit for a warehouse use; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 8. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property Corpus Christi Page 4 Printed on 3/5/2015 City Council Meeting Minutes February 24, 2015 to allow for the construction of additional warehouse space. Mr. Grimsbo stated that the Planning Commission and staff recommended denial of the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" general Commercial District with a Special Permit subject to a site plan and ten (10) conditions. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Scott made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEM 9) 9. Second Reading Ordinance - Rezoning from single-family to multifamily at 5409 Lipes Boulevard (1st Reading 2/10/15) (Requires 3/4 vote) Case No. 0115-01 The Convent Academy of the Incarnate Word: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from low density residential to medium density residential uses. The property is described as being 26.32 acres out of Lots 6 and 7, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Lipes Boulevard approximately 650 feet west of South Staples Street. Planning Commission and Staff Recommendation (January 14, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by The Convent Academy of the Incarnate Word ("Owner"), by changing the UDC Zoning Map in reference to 26.32 acres out of Lots 6 and 7, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to item 9. Interim Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to rezone the subject property to allow development of multifamily uses. Mr. Dimas said the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. The following individuals spoke in opposition to the zoning change: Jana Daniel with San Marin Apartments; Corpus Christi Page 5 Printed on 3/5/2015 City Council Meeting Minutes February 24, 2015 Donna Gonzalez, and Brandy Parks. The following individuals spoke in favor of the zoning change: Abel Alonzo, Sister Michelle Marie Kurtchner with the Sisters of the Incarnate Word and Blessed Sacrament, and Susie Luna Saldana. Mayor Martinez closed the public hearing. Council members spoke regarding the following topics: the number of units for the convent; addressing the concerns regarding affordable housing or an assisted living facility decreasing property values; additional traffic; the current crime rate in the area; crime trends; the Police Department's current capacity to patrol the area; whether the Police Department has seen a direct relationship with crime increasing in the immediate vicinity due to multifamily; wastewater, water, and storm water infrastructure and the developer's responsibilities; the number of units allowed in a multifamily; the threshold to do a traffic study; consideration for speed humps and improvements on Lipes; maximum height and building setback requirements in the current "RS -6" zoning and the proposed "RM -1"; whether the applicant would consider doing greater than the minimum setback requirement; and requirements in the UDC for placement of solid waste dumpsters. Wayne Lundquist, applicant's representative, said he would agree to a setback of 50 feet. Council Member Garza made a motion to amend the ordinance to accept staffs recommendation to grant the rezoning with the restriction of a building set back of 50 feet from the residents' property line on the Graford side and restrict refuse collection units on that particular side to 50 feet from the residents' property line, seconded by Council Member McIntyre. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030434 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez called for comments from the public. Sally Gill spoke regarding the Water Contingency Plan and asked the City Council to include Lake Texana to the combined reservoir system. Colin Sykes spoke regarding the modifications to Item 11, Parade and Special Event Permit requirements. Jack Gordy spoke regarding the palm trees blocking the sidewalk on Airline Road. Jerry Garcia requested improvements for Southside Little League. Kevin Hill spoke regarding the Shoreline Realignment and requested that this item be placed on a future agenda to allow for public comments or a town meeting. Gretchen Arnold, Chair of the Air Quality Committee, applauded the Mayor and City Council for keeping in mind support for alternative methods of transportation, completing street initiatives, continuing enforcement of the CC Mobility Plan, and the support to ensure bicycle transportation, including a bicycle lane on Staples. Susie Luna Saldana referred to comments she has Corpus Christi Page 6 Printed on 3/5/2015 City Council Meeting Minutes February 24, 2015 heard from the community regarding the Shoreline improvements, Destination Bayfront, beach access and Sherrill Park. Douglas Johnson spoke in support of the completion of Staples Street from Brawner to Kostoryz. H. EXECUTIVE SESSION: (ITEM 2) 2. Mayor Martinez deviated from the agenda and referred to the day's executive session. The Council went into executive session. Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations and the Agreement between the City of Corpus Christi and the Corpus Christi Firefighters Association and term(s) thereof with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. This E -Session Item was discussed in executive session. P. FIRST READING ORDINANCES: (ITEM 13) 13. First Reading Ordinance - Approving termination of RecycleRewards agreement and non -allocation of funds for budget fiscal year 2015-2016 (Tabled on 2/17/15) Ordinance approving a termination of the agreement with RecycleRewards and non -allocation of funds due to the necessity to fund improvements to solid waste services in the operating budget for fiscal year 2015-2016; finding that the termination and issuance of certificates of obligation for solid waste services capital improvements are both necessary and prudent; directing that a copy of this ordinance be included with the adopted FY2015-2016 Operating Budget; and providing for severance. Mayor Martinez deviated from the agenda and referred to Item 13. Executive Director of Public Works Valerie Gray stated that this item was tabled on February 17, 2015 regarding the termination of the Recycle Rewards agreement and non -allocation of funds due to the necessity to fund improvements to solid waste services. The contract will terminate effective September 30, 2015. Mayor Martinez called for comments from the public. Venessa Santos -Garza, local representative for RecycleRewards, spoke about the mission, accomplishments, and outreach on education and advertising. Ms. Santos -Garza requested that the City Council table this issue for 30 days to allow RecycleBank to bring back a proposal to show their commitment to being a partner with the City and adjust pricing to bring down the rate to make it more affordable to the City and not cause an interruption of services and benefits to local residents. Sally Gill said recycling is important to the community, but she feels the RecycleBank program has run its course and supports developing a new marketing approach. Paul Winn with RecycleBank spoke regarding the partnership with Corpus Christi and the education platform. Mr. Winn also requested 30 days to allow RecycleBank to show the value of the program. City Manager Olson said the program costs the City approximately $662,000 a year and the redemption on the program is Corpus Christi Page 7 Printed on 3/5/2015 City Council Meeting Minutes February 24, 2015 approximately $60,000. Mr. Olson stated that the concerns initiated by the City Council regarding the value of the program are valid concerns. Assistant City Manager Wes Pierson provided four (4) pro forma scenarios for Solid Waste and the impact to citizens. Council members spoke regarding the following topics: the lack of return on investment; the amount budgeted for education and outreach in the Solid Waste budget; the possibility of using the Solid Waste education funds and partnering with programs like RecycleBank to reduce the amount of residual and continue education, litter prevention and Solid Waste code enforcement; the pro forma on Solid Waste and the cost to citizens; an explanation for repurposing the cart fee; cart maintenance; whether employee raises are included in the budget scenarios; privatization of Solid Waste; the recommendation from the competitive assessment regarding RecycleBank; the difference in scenarios; compliance issues related to the cell replacement; and an update on the metric associated with the education outreach effort. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEMS 10-11) 10. Second Reading Ordinance - Authorizing issuance of solid waste certificates of obligation (1st Reading 2/17/15) Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2015" in an amount not to exceed $14,500,000 for the purpose of financing costs associated with making permanent public improvements to the City's Solid Waste System; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the Certificates; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. Corpus Christi Page 8 Printed on 3/5/2015 City Council Meeting Minutes February 24, 2015 Mayor Martinez referred to Item 10. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the issuance of $14,500,000 of Solid Waste Certificates of obligation. This item is the funding mechanism for projects outlined in the agenda memo and included in the FY2015 Capital Improvement Budget. There were no comments from the public. Council members asked questions regarding the following topics: the use of certificates of obligation; whether the publication included the recommended projects; interest payments; and what happens to the funds that are not used. Council Member Scott made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on second reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030435 11. Second Reading Ordinance - Modifying and clarifying parade and special event permit ordinance (1st Reading 2/17/15) Ordinance repealing Chapter 49, Article 1, Division 2. "Temporary Closure of Streets"; amending Chapter 53, Article VII "Parades and Marches" in its entirety to modify and clarify parades, marches, and street events permit procedures and requirements; providing an effective date; providing for severance; providing for penalty; and providing for publication. Mayor Martinez referred to Item 11. Police Chief Floyd Simpson stated that purpose of this item is to modify and clarify the Parade and Special Event Permit Ordinance. Chief Simpson stated that staff is recommending amending Section 53-205(1)(c) to change the cost recovery fee from $200 to $100 and change Section 3 to make the ordinance effective date April 1, 2015. Mayor Martinez called for comments from the public. Freddy Ramirez spoke on the following issues: when a permit is denied due to the lack of police protection, allowing for the ability to hire any peace officer with jurisdiction to provide services; the three-hour pay minimum for police officers; and notification for the neighborhood. Abel Alonzo thanked the Police Department and Parks and Recreation Department for working together and spoke regarding the ability to hire any peace officers for special events. Council members spoke regarding the following: the inclusion of on -duty officers to Section 53-205(3); requirements for block parties; outreach with users of the parade permits and special events; and signage requirements. Council Member Garza made a motion to amend Section 53-205(1)(c) to change the cost recovery fee from $200 to $100, seconded by Council Member McIntyre and passed unanimously. Council Member Garza made a motion to change the effective date in Section 3 to April 1, 2015, seconded by Council Member McIntyre and passed unanimously. Council Member Garza made a motion to amend Section 53-205(3) by adding to paragraph 2 a new last sentience that reads "peace officers or other security personnel the promoter has obligated itself to hire for the event", seconded by Council Member Corpus Christi Page 9 Printed on 3/5/2015 City Council Meeting Minutes February 24, 2015 McIntyre and passed. Council Member Garza made a motion to amend Section 53-205(3), first paragraph, last sentence to read "there is a minimum three-hour cost per on -duty officer", seconded by Council Member McIntyre and passed unanimously. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030436 O. ONE READING ACTION ITEM: (ITEM 12) 12. Authorizing issuance of tax notes related to Texas Military Preparedness Commission Ordinance by the City of Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas Tax Notes, Series 2015" in an amount not to exceed $5,090,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of paying agent/registrar agreement and a loan agreement; complying with the provisions of the depository trust company' s letter of representations; and providing an effective date. Mayor Martinez referred to Item 12. Director of Financial Services Constance Sanchez stated that the purpose of this item is to repurpose an existing loan that the City has with the Texas Military Preparedness Commission. This item was previously presented to the City Council on November 11th and 18th, 2014 and is being brought back today to reflect final terms based on negotiations with the Texas Military Preparedness Commission. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on emergency reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030437 P. FIRST READING ORDINANCES: (ITEMS 14-15) 14. First Reading Ordinance - Engineering contract for City of Corpus Christi Regional Water Supply Strategic Sustainability Plan Corpus Christi Page 10 Printed on 3/5/2015 City Council Meeting Minutes February 24, 2015 (Tabled on 1/13/15) Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 to add Project No. E14001 City of Corpus Christi Regional Water Supply Strategic Sustainability Plan; transferring and appropriating $572,365 from the Unreserved Fund Balance in No. 4041 Raw Water Supply Development Fund to and appropriating in the No. 4080 Water CIP Fund for the City of Corpus Christi Regional Water Supply Strategic Sustainability Plan; and authorizing the City Manager or designee to execute a Professional Services Agreement in the amount of $539,967 with CH2M Hill Engineers, Inc., a Delaware Corporation with a branch office in Corpus Christi, Texas for the City of Corpus Christi Regional Water Supply Strategic Sustainability Plan for technical, public outreach, strategic planning and associated services. Mayor Martinez referred to Item 14. Council Member McIntyre made a motion to table the Ordinance to March 10, 2015, seconded by Council Member Rosas and carried by a unanimous vote. 15. First Reading Ordinance - Appropriating reimbursement from Texas State Library and Archives Commission Q. Ordinance appropriating reimbursement received from the Texas State Library and Archives Commission for participation in Interlibrary Loan Program in the amount of $21,898.50 into the General Fund No. 1020, La Retama Central Library Organization No. 12800, to be used for library technology services; and Changing the FY14-15 Operating Budget adopted by Ordinance No. 030294 by increasing revenue and expenditures by $21,898.50 each. Mayor Martinez referred to Item 15. Director of Libraries Laura Garcia stated that the purpose of this item is to appropriate a reimbursement received from the Texas State Library and Archives Commission for participation in the Interlibrary Loan Program in the amount of $21,898.50 to be used for library technology services. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 FUTURE AGENDA ITEMS: (ITEMS 16-17) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff did not have planned presentations. A council member asked questions regarding Item 17. Corpus Christi Page 11 Printed on 3/5/2015 City Council Meeting Minutes February 24, 2015 16. Authorizing State of Texas, Criminal Justice Division grant application Resolution authorizing the submission of a grant application in the amount of $46,194.48 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $19,354.48, an in-kind match of $5,520, for a total project cost of $71,068.96; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. This Resolution was recommended to the consent agenda. 17. Authorizing Texas Parks & Wildlife Department grant application for improvements at West Guth Park Resolution authorizing the City Manager or designee to apply for a Texas Parks & Wildlife Local Grant Program for West Guth Park in amount of $400,000 with City matching funds of $400,000. This Resolution was recommended to the consent agenda. R. BRIEFINGS : (ITEMS 18-20) 18. Drought Update This Presentation was tabled to March 10, 2015. 19. Water Rate Discussion No. 1 - Operations & Maintenance This Presentation was tabled to March 10, 2015. 20. Debt Presentation This Presentation was tabled to March 10, 2015. S. LEGISLATIVE UPDATE: (NONE) T. ADJOURNMENT Mayor Martinez requested a brief overview on the anticipated Drought Contingency Plan and impending Stage 3 requirement. Brent Clayton, Program Manager for Environmental and Strategic Initiatives, provided a brief overview of the drought contingency plan, current lake levels, and Stage 3 requirements. Council Member Scott made a motion directing the City Manager to delay initiating Stage 3 requirements until the City Council has time to deliberate the water conditions, seconded by Council Member Rubio and passed. Mayor Martinez informed the public that the City Council would be losing a quorum based on commitments in Austin for "Corpus Christi Day" and an Corpus Christi Page 12 Printed on 3/5/2015 City Council Meeting Minutes February 24, 2015 event with the Convention and Visitors Bureau. The meeting was adjourned at 3:30 p.m. Corpus Christi Page 13 Printed on 3/5/2015 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 24, 2015 Action Item for the City Council Meeting of March 10, 2015 DATE: TO: February 5, 2015 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds@cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Violence Against Women Act (VAWA) Fund. CAPTION: Resolution authorizing the submission of a grant application in the amount of $46,194.48 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $19,354.48, an in-kind match of $5,520, for a total project cost of $71,068.96; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: Year 16 funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk-in to the unit at the Police Department. The grant provides funds for one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long- term safety needs. The State provides $46,194.48 for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage, volunteer hours contribute $5,520 in-kind contribution, and the City contributes $19,354.48 for training, travel, supplies and miscellaneous equipment as the required match. This grant period will be 9/1/2015 — 8/31/2016. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance Legal OMB FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $62,000.00 $17,741.61 $79,741.61 Encumbered / Expended Amount This item $1,612.87 $17,741.61 $19,354.48 BALANCE $60,387.13 0 $60,387.13 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the submission of a grant application in the amount of $46,194.48 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $19,354.48, an in-kind match of $5,520, for a total project cost of $71,068.96; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application in the amount of $46,194.48 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $19,354.48, an in- kind match of $5,520, for a total project cost of $71,068.96. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of February 24, 2015 Action Item for the City Council Meeting of March 24, 2015 DATE: TO: Ronald L. Olson, City Manager February 6, 2015 FROM: Stacie Talbert Anaya, Director StacieT@cctexas.com 361-826-3460 Texas Parks and Wildlife Department Grant application for the Outdoor Recreation Grant Program for Improvements at West Guth Park CAPTION: Resolution authorizing the City Manager or designee to apply for a Texas Parks & Wildlife Local Grant Program for West Guth Park in amount of $400,000 with City matching funds of $400,000. PURPOSE: The Texas Parks and Wildlife Department (TPWD) requires municipalities seeking funds under the Local Park Grant Program to pass a resolution approving the City Manager or his designee to apply for and manage grant funds. BACKGROUND AND FINDINGS: TPWD offers the Local Park Grant Program to assist local units of government with the acquisition and/or development of public recreation areas and facilities. The Outdoor Recreation Program provides 50% matching grants on a reimbursement basis and requires funds to be spent sites that are dedicated parkland (in perpetuity), properly maintained and open to the public. The Corpus Christi Parks and Recreation Department is applying for $400,000 in grant funds from the Urban Outdoor Recreation Program for improvements at West Guth Park. Matching funds for the grant will come from the 2012 Bond Program for Community Parks Improvements and Aquatic Facility Improvements. The project will include a zero depth entry pool and splash pad, covered pavilion, trails, dog park playground and landscape/turf enhancements. The improvements are consistent with the 2012 Parks and Recreation Master Plan development guidelines and priorities. ALTERNATIVES: Do not appropriate funds. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The improvements conform to the 2012 Parks and Recreation Master Plan. City council must approve application and acceptance of grant EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating Revenue X Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 400,000 $ 400,000 Encumbered / Expended Amount This item $ 400,000 $ 400,000 BALANCE $ 800,000 $ 800,000 Fund(s): Parks and Recreation Grant Fund 1067; 2012 Bond Fund Comments: none RECOMMENDATION: Staff recommends approval of this resolution LIST OF SUPPORTING DOCUMENTS: Resolution Attachment — Local Park Grant Program Resolution Authorizing Application Attachment — Local Park Grant Program Certification and Assurances Resolution authorizing the City Manager or designee to apply for a Texas Parks & Wildlife Local Grant Program for West Guth Park in amount of $400,000 with City matching funds of $ 400,000 Whereas, the City of Corpus Christi, as hereinafter referred to as "Applicant", submits this Resolution to the Texas Parks and Wildlife designating certain officials as being responsible for, acting for, and on behalf of the City of Corpus Christi in dealing with the Texas Parks & Wildlife Department, hereinafter referred to as "Department", for the purpose of participating in the Local Park Grant Program, hereinafter referred to as the "Program"; certifying that the Applicant is eligible to receive program assistance; certifying that the matching share is readily available; and dedicating the proposed site for permanent public park and recreational uses; Whereas, the Applicant is fully eligible to receive assistance under the Program; and Whereas, the Applicant is desirous of authorizing an official to represent and act for the Applicant in dealing with the Department concerning the Program; Be it resolved by the City of Corpus Christi, Texas: Section 1. That the City of Corpus Christi, (the "Applicant"), hereby certifies that they are eligible to receive assistance under the Program, and that notice of the application has been posted according to local public hearing requirements. Section 2. That the Applicant certifies that the matching share for this application is readily available at this time. Section 3. That the Applicant hereby authorizes and directs the Interim Director of Parks and Recreation (the "Official") or the Director of Parks and Recreation to act for the Applicant in dealing with the Department for the purposes of the Program, and that the Interim Director of Parks and Recreation Stacie Anaya is hereby officially designated as the representative in this regard. Section 4. The Applicant hereby specifically authorizes the Official to make application to the Department concerning the site to be known as West Guth Park in the City of Corpus Christi, Texas for use as a park site and is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and recreation purposes in perpetuity (or for the lease term, if legal control is through a lease). Projects with federal monies may have differing requirements. Section 5. That the City of Corpus Christi hereby approves the submission of an application by the Interim Director of Parks & Wildlife Department to the Texas Parks & Wildlife Department for a Local Grant Program grant for West Guth Park in the amount of $400,000 with City matching funds of $400,000. Introduced, read, and passed by an affirmative vote of the City of Corpus Christi, Texas, the Applicant, on this the day of , 2015. Attest: City of Corpus Christi Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn TEXAS PARKS & WILDLIFE Local Park Grant Program Resolution Authorizing Application A resolution of the City of Corpus Christi as hereinafter referred to as "Applicant," designating certain officials as being responsible for, acting for, and on behalf of the Applicant in dealing with the Texas Parks & Wildlife Department, hereinafter referred to as "Department," for the purpose of participating in the Local Park Grant Program, hereinafter referred to as the "Program"; certifying that the Applicant is eligible to receive program assistance; certifying that the Applicant matching share is readily available; and dedicating the proposed site for permanent (or for the term of the lease for leased property) public park and recreational uses. WHEREAS, the Applicant is fully eligible to receive assistance under the Program; and WHEREAS, the Applicant is desirous of authorizing an official to represent and act for the Applicant in dealing with the Department concerning the Program; BE IT RESOLVED BY THE APPLICANT: SECTION 1: That the Applicant hereby certifies that they are eligible to receive assistance under the Program, and that notice of the application has been posted according to local public hearing requirements. SECTION 2: SECTION 3: SECTION 4: That the Applicant hereby certifies that the matching share for this application is readily available at this time. That the Applicant hereby authorizes and directs the City Manager or his designee to act for the Applicant in dealing with the Department for the purposes of the Program, and that Stacie Talbert Anaya is hereby officially designated as the representative in this regard. The Applicant hereby specifically authorizes the official to make application to the Department concerning the site to be known as West Guth Park in the City of Corpus Christi or use as a park site and is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and recreation purposes in perpetuity (or for the lease term, if legal control is through a lease). Projects with federal monies may have differing requirements. Introduced, read and passed by the affirmative vote of the "Applicant" on this day of , 20 Signature of Appropriate Official Typed Name and Title PWD 1069B — P4000 (01/2014) TEXAS PARKS & WILDLIFE Local Park Grant Program Applicant's Certification & Program Assurances As the duly authorized representative of the sponsor designated in the Resolution Section 3, I certify that the sponsor. 1. Has complied with all pertinent local and state laws, and Local Parks Grants Program requirements regarding public hearings, including floodplain development, if appropriate. 2. Has the required proportionate share of funds available and sufficient for the project as required by Section 13.309 of the Parks and Wildlife Code. 3. Will maintain and operate areas acquired or developed with program assistance at sponsor expense as required by Section 13.309 of the Parks & Wildlife Code. 4. Will permanently dedicate for public park and recreation use all project area(s) which receive program assistance, as required by Chapter 640.1.2 of the Local Park Grant Program Manual. 5. Has the legal authority to apply for program assistance and the institutional, managerial and financial capability to ensure proper planning, management and completion of the project described in this application. 6. Will give the State of Texas, hereafter referred to as "State," through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 7 Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the Texas Parks & Wildlife Department, and will record any federal interest in the title of real property in accordance with U. S. Department of Interior directives. 8. Will dedicate and permanently maintain any property designated as a natural area, wetland, or open space to meet program guidelines. 11. Will comply with all provisions of the "Summary of Guidelines for Administration of Local Park Grant Acquisition & Development Projects." 12. Will comply with the requirements of the Department with regard to the drafting, review and approval of construction plans and specifications. 13. Will obtain all required state and/or federal permits related to project development. 14. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms to the approved plans and specifications. 15. Will furnish quarterly progress reports and such other information as may be required by the Department. 16. Will initiate and complete the work within the applicable time frame after receipt of approval from the Department. 17. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. PWD 1069C - P4000 (01/2014) Applicant's Certification & Program Assurances - Continued 18. Will comply with all State and Federal statues relating to non-discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1686) which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (e) any other non-discrimination provisions in the specific statute(s) under which application for program assistance is being made, and (f) the requirements of any other non-discrimination statute(s) which may apply to the application. 19. Will comply with the flood insurance purchase requirements of Section 4012(a) of the Flood Disaster Protection Act of 1973 which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance in an amount at least equal to its development or project cost. 20. Will comply with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuance to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S. C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.);(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 21. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 22. Will assist the Department in assuring compliance with the Texas Antiquities Code. 23. Will cause to be performed the required financial and compliance audits in accordance with the state or federal Single Audit requirements. 24. Will comply with all applicable requirements of all other State and Federal laws, regulations and policies governing this program. Sponsor/ Project Name Signature of Official Authorized in Resolution Print Name and Title of Official Date PWD 1069C - P4000 (01/2014) AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 24, 2015 Second Reading for the City Council Meeting of March 10, 2015 DATE: February 2, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Rezoning from Commercial with a Special Permit to Light Industrial For Hayden Partners LLC Property Address: 10328 Interstate Highway 37 Access Road CAPTION: Case No. 0115-05 Hayden Partners LLC: A change of zoning from the "CG-2/SP" General Commercial District with a Special Permit for a warehouse use to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from commercial to industrial uses. The property is described as Lot 2, Block 3, River Square Unit 1, located along the north side of Interstate Highway 37 Access Road at the southeast corner of Turtle Creek Boulevard and River Run Boulevard. PURPOSE: To construct additional warehouse space. RECOMMENDATION: Planning Commission and Staff Recommendation (January 28, 2015): Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit subject to a site plan and the following conditions: 1. Permitted Uses: The only uses authorized by this Special Permit other than those uses permitted by right in the "CG -2" General Commercial District are a warehouse area up to 6,500 square feet for Phase 2 and up to a total of 10,000 square feet of warehouse area for Phase 3 of the development. 2. Architectural Standards: Phase 1 warehouse buildings constructed on the lot shall have a masonry facade. Additional warehouse buildings located behind the six-foot screening fence are not required to comply with these architectural standards with a maximum eave height of 24 feet. 3. Outside Storage: The outside storage is allowed as an accessory use to the primary use located on the same premise and is limited to no more than 30 percent of the premise. All outside storage must be set back a minimum of 20 feet from any public right-of-way. No hazardous material will be stored in this area 4. Location of Outdoor Storage: Permitted outdoor storage shall not be located in the front yard or forward of any structure towards Interstate IH 37. 5. Lighting: All outside lighting will be directed away from surrounding properties. 6. Hours of Operation: Hours of operation will be limited to 7 a.m. to 7 p.m. 7. Screening: A solid wooden screening fence with a height of not less than six feet must be used to screen the outside storage from view from surrounding public rights-of-way and properties. The outside storage shall not extend above the height of the screening fence, except that this limitation does not include machinery equipment. A chain-link fence with slats shall not be considered to be a solid screening fence. 8. Landscaping: In addition to compliance with UDC Section 7.3, Landscaping, the subject property shall include 5- gallon oleanders every five feet on center between the outside storage screening fence and the public right-of-way. All landscaping must be kept in a healthy and growing condition at all times. 9. Landscape Screening: Additional screening of the storage area is to include oak trees planted every 50 feet. 10. Time Limit: This Special Permit for the warehouse square footage authorized for Phase 2 shall expire one year after approval of this Special Permit unless a complete building permit application has been submitted for Phase 2. The Special Permit for the warehouse square footage authorized for Phase 3 shall expire eight years after approval of this Special Permit unless a complete building permit application has been submitted for Phase 3. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the ""CG- 2/SP" General Commercial District with a Special Permit for a warehouse use to the "IL" Light Industrial District to construct additional warehouse space. The applicant proposes to maintain the existing business on the property, Hayden and Company. The company operates as a light industrial use by means of a Special permit approved by City Council in 2006. The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is not consistent with the Northwest ADP or the adopted Future Land Use Plan's designation of the property as a commercial use. However, a Special Permit for the proposed expansion would be acceptable. The area is slated for commercial uses along the IH37 Access Road for this area. The business expansion will not change the type of services currently provided at the existing business. The subject property is approximately 1,600 feet from the major arterial Joe Fulton Corridor intersection. The existing business is surrounded by vacant lots to the north and west and northeast and abuts an existing 10,000 square foot Texas Railroad Commission office area facility and a 5,600 square feet Bromley Gas Measurement Incorporated office area facility to the east. The subject property is suited for the proposed project and the Special Permit Review Criteria has been met and the applicant is in agreement with the Special Permit as recommended. ALTERNATIVES: 1. Approve the Planning Commission/Staff recommendation "CG-2/SP" General Commercial District with a Special Permit subject to ten conditions (as recommended). 2. Approve the "IL" Light Industrial District 3. Deny the request altogether. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for commercial uses. The proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Plan, but the "CG-2/SP" General Commercial District with a Special Permit is consistent with the Comprehensive Plan and Special Permit review criteria. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance-"CG/SP" as recommended Ordinance -"IL" Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Hayden Partners LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 2, Block 3, River Square Unit 1, from the "CG-2/SP" General Commercial District with a Special Permit for a warehouse use to the "IL" Light Industrial 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 Hayden Partners LLC ("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, January 28, 2015, during a meeting of the Planning Commission, and on Tuesday, February 24, 2015, 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 Hayden Partners LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 2, Block 3, River Square Unit 1, located along the north side of Interstate Highway 37 Access Road at the southeast corner of Turtle Creek Boulevard and River Run Boulevard (the "Property"), from the "CG-2/SP" General Commercial District with a Special Permit for a warehouse use to the "IL" Light Industrial District (Zoning Map No. 060049), as shown in Exhibit "A". Exhibit "A", which is a site plan for 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0115-05 IL Ordinance - Hayden Partners LLC Page 2 of 2 1:\Ifayden & Cnnpasy\New Office\New OlN[e Drawings\Site Plan For Austin twg n4 Hayden & Company 10328 I.H. 37 Corpus Christi, Texas 78410 Exhibit "A" DICKSON SUINENS. INC. ,sena. Ordinance amending the Unified Development Code ("UDC"), upon application by Hayden Partners LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 2, Block 3, River Square Unit 1, from the "CG-2/SP" General Commercial District with a Special Permit for a warehouse use to the "CG-2/SP" General Commercial District with a modified Special Permit for a warehouse use; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, Hayden Partners LLC ("Owner") currently operates a warehouse use for a business named Hayden and Company under a Special Permit granted in 2006 as shown in Exhibit "A;" WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the Owner's application 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, January 28, 2015, during a meeting of the Planning Commission, and on Tuesday, February 24, 2015, 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 Hayden Partners LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 2, Block 3, River Square Unit 1, located along the north side of Interstate Highway 37 Access Road at the southeast corner of Turtle Creek Boulevard and River Run Boulevard (the "Property"), from the "CG-2/SP" General Commercial District with a Special Permit for a warehouse use to the "CG-2/SP" General Commercial District with a Special Permit for a warehouse use (Zoning Map No. 060049), as shown in Exhibits "B" and "C." Exhibit "B," which is a location map, and Exhibit "C" which is a site plan for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit C and the following conditions: 1. Permitted Uses: The only uses authorized by this Special Permit other than those uses permitted by right in the "CG -2" General Commercial District are a warehouse area up to 6,500 square feet for Phase 2 and up to a total of 10,000 square feet of warehouse area for Phase 3 of the development. 2. Architectural Standards: Phase 1 warehouse buildings constructed on the lot shall have a masonry facade. Additional warehouse buildings located behind the six-foot screening fence are not required to comply with these architectural standards with a maximum eave height of 24 feet. 3. Outside Storage: The outside storage is allowed as an accessory use to the primary use located on the same premise and is limited to no more than 30 percent of the premise. All outside storage must be set back a minimum of 20 feet from any public right-of-way. No hazardous material will be stored in this area 4. Location of Outdoor Storage: Permitted outdoor storage shall not be located in the front yard or forward of any structure towards Interstate Highway 37. 5. Lighting: All outside lighting will be directed away from surrounding properties. 6. Hours of Operation: Hours of operation will be limited to 7 a.m. to 7 p.m. 7. Screening: A solid wooden screening fence with a height of not less than six feet must be used to screen the outside storage from view from surrounding public rights-of-way and properties. The outside storage shall not extend above the height of the screening fence, except that this limitation does not include machinery equipment. A chain-link fence with slats shall not be considered to be a solid screening fence. 8. Landscaping: In addition to compliance with UDC Section 7.3, Landscaping, the subject property shall include 5- gallon oleanders every five feet on center between the outside storage screening fence and the public right-of-way. All landscaping must be kept in a healthy and growing condition at all times. 9. Landscape Screening: Additional screening of the storage area is to include oak trees planted every 50 feet. 10. Time Limit: This Special Permit for the warehouse square footage authorized for Phase 2 shall expire one year after approval of this Special Permit unless a complete building permit application has been submitted for Phase 2. The Special Permit for the warehouse square footage authorized for Phase 3 shall expire eight years after approval of this Special Permit unless a complete building permit application has been submitted for Phase 3. 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. 0115-05 Revised CG -2 SP Ordinance - Hayden Partners LLC-Final.docx Page 3 of 3 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0115-05 Revised CG -2 SP Ordinance - Hayden Partners LLC-Final.docx Page 3 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE DHS ENTERPRISES, BY CHANGING THE ZONING MAP IN REFERENCE TO RIVER SQUARE UNIT 1, LOT 2, BLOCK 3 (CURRENTLY ZONED "B-4" GENERAL BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT, SUBJECT TO A SITE PLAN AND TEN (10) CONDITIONS: AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of DHS Enterprises, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 31 2006, during a meeting of the Planning Commission, and on Tuesday, June 27, 2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard and WHEREAS, the City Council has determined that this amendment would best serve public health, necessityand convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Special Permit, subject to a site plan and ten (10) conditions (currently zoned "B-4" General Business District), located along the northeast intersection of Interstate 37 Access Road and Turtle Creek Boulevard. (Map 060050) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following ten (10) conditions USES: The only uses authorized by this Special Permit other than those uses permitted by right in the 'B-4' General Business District are office warehouse uses, with a office area up to 1,500 square feet and warehouse area up to 3,500 square feet with a maximum eave height of 24 feet. ARCHITECTUAL STANDARDS: Office/warehouse buildings constructed on the lot shall have a masonry facade. Exhibit A Ordinance No. 026839 Page 2of4 OUTSIDE STORAGE. The outside storage allowed as an accessory use to the primary use located on the same premise and is limited to no more than 30 percent of the premise. All outside storage must be set back a minimum of 20 feet from any public right-of-way. No hazardous material will be stored in this area 4 LOCATION OF OUTDOOR STORAGE: Permitted outdoor storage shall not be located in the front yard or forward of any structure towards 1-37. LIGHTING: All outside lighting will be directed away from surrounding properties 6 HOURS OF OPERATION: Hours of operation will be limited to 7 a.m. to 7 p.m. SCREENING: A solid wooden screening fence with a height of not less than six feet must be used to screen the outside storage from view from surrounding public rights-of-way and properties. The outside storage shall not extend above the height of the screening fence, except that this limitation does not include machinery equipment A chain-link fence with slats shall not be considered to be a solid screening fence. LANDSCAPING: In addition to compliance with Article 27B, Landscape Regulations. the subject property shall include 5 -gallon oleanders every five feet on center between the outside storage screening fence and the public rights-of- way. All landscaping must be kept in a healthy and growing condition at all Mmes. LANDSCAPE SCREENING: Additional screening of the storage area is to include oak trees planted every 50 feet. 10. TIME LIMIT This Special Permit shall be deemed to have expired within two (2) years from the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions and City rules and regulations. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937. as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect H \LEG-DIR\Shared\GarySlagenda,2006\06-27 0506-c; ALT SPgws060613 doc Page 3of4 SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance. as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached. the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 27th day of June, 2006. ATTEST: Armando Chapa City Secretary APPROVED: June 13. 2006 ) niit Gary 1PU. Smith Assistant City Attorney For City Attorney OF CORP S CHRISTI ry Gar tt. yor, City of Corpus Christi H1LEG-DIR1Shared\GaryS\\agenda\.t006\06-27 0506-C' ALT SPgws060613doc EFFECTIVE DATE Page 4 of 4 Corpus Christi, Texas `11.'_ day of , t-j'r--k -, 2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully. Respectfully, Garr Mayor, City f Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia 4 WIfliam Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H 1LEG-DIR\Shared\GaryS agenda`2006\06-27,0506-+F7 ALT SPgws060613 doc 39 an Patricia County 1 SUBJECT ., PROPERTY til LOCATION MAP City of Corpus Christi 1 nratinn Man go e, rt I. fit. . r .r+t' r i9 r t" ,1 E tvt 2V� rr , ► • „„ ©are.Creared'747095 Prepared By: jeremyrn eP5rfinent of Deveiopmenr Services"- CASE:A0115-05 2013 Aerial Subject Property Exhibit B 1:\Ifayden & Cnnpasy\New Office\New OlN[e Drawings\Site Plan For Austin twg Site Plan n4 Hayden & Company 10328 I.H. 37 Corpus Christi, Texas 78410 Exhibit C DICKSON SUINENS. INC. ,sena. 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DF FIRE i+YCRAiiv A A95uMEC f1Ehr 1680 • a z2 K+98 6 PLANNING COMMISSION FINAL REPORT Case No. 0115-05 HTE No. 15-10000001 Planning Commission Hearing Date: January 28, 2015 Applicant & Legal Description Applicant/Owner: Hayden Partners, LLC Representatives: Austin Prather Legal Description/Location: Lot 2, Block 3, River Square Unit 1, located along the north side of Interstate Highway 37 Access Road at the southeast corner of Turtle Creek Boulevard and River Run Boulevard. Zoning Request From: "CG-2/SP" General Commercial District with a Special Permit for a warehouse use To: "IL" Light Industrial District Area: 1.45 acres Purpose of Request: To construct additional warehouse space. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CG-2/SP" General Commercial District with a Special Permit Commercial Commercial North "CG -2" General Commercial Medium Density Residential and Vacant Commercial South "RS -6" Single -Family 6 Vacant Commercial East "CG -2" General Commercial Commercial and Public Semi -Public Commercial West "CG -2" General Commercial Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for commercial uses. The proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Plan. Map No.: 060049 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 200 feet of street frontage along Interstate Highway 37 Access Road, approximately 300 feet of street frontage along Turtle Creek Boulevard, and 200 feet of frontage along River Run Boulevard, all of which are designated as local streets by the Urban Transportation Plan. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) IH 37 Access Road Freeway 400' ROW varies 400' ROW varies N/A Turtle Creek Boulevard Local 60' ROW 40' paved 80' ROW 55' paved N/A River Run Boulevard Local 60' ROW 40' paved 80' ROW 65' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG-2/SP" General Commercial District with a Special Permit for a warehouse use to the "IL" Light Industrial District. Development Plan: The proposed rezoning is within the River Square Unit 1 Subdivision. The existing business, which is a supplier of industrial fire protection and safety equipment to the oil and gas market, is zoned "CG-2/SP" General Commercial District with a Special Permit for a warehouse use. City Council approved the Special Permit in 2006. The existing zoning allows for a warehouse area use up to 3,500 square feet. The existing structure currently has 2,500 square feet warehouse area. Due to a successful growing equipment supply business, the customer is proposing a new 2,700 square foot warehouse addition to the existing 2,500 square foot warehouse structure, totaling 6,250 square feet. The existing Special Permit conditions will not allow for the business expansion. The customer is not interested in relocating his business and instead is requested a rezoning to Light Industrial to expand the company at the existing location. The business expansion will not change the type of services currently provided at the existing business. At a minimum, the Unified Development Code would require a 20 -foot wide front yard on River Run Boulevard. The site is proposed to use the existing access on Turtle Creek Boulevard. Existing Land Uses & Zoning: North of the subject property are multifamily dwellings and vacant land zoned "CG -2" General Commercial. South across the freeway from the subject property is vacant land zoned "RS -6" Single -Family 6. East of the subject property is zoned "CG -2" General Commercial with a commercial business and public semi-public use including the Texas Railroad Commission offices. West of the subject property is vacant land zoned "CG -2 General Commercial. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is not consistent with the Northwest ADP or the adopted Future Land Use Plan's designation of the property as commercial. Planning Commission Final Report Page 3 The future land use plan calls for commercial uses along this particular area of IH 37 Access Road corridor. However, the Northwest ADP calls for commercial development of a small scale for convenience shopping and nodal commercial development is encouraged where commercial uses are concentrated at the major intersections for arterials and as the area develops, larger scale commercial uses may be necessary (Policy statement B.1.d). The subject property is approximately 1,600 feet from the major arterial Joe Fulton Corridor intersection. The subject property also abuts an existing 10,000 square foot office and shop area facility and a 5,600 square feet office area along the eastern boundary of the property and is surrounded by vacant lots to the north and west and northeast. The subject property area has a high potential of continued growth. Plat Status: The subject property is platted. Special Permit Review Criteria: In determining whether to approve, approve with conditions or deny a special permit, the applicable review bodies shall consider the following criteria: 1. The use is consistent with the Comprehensive Plan. 2. The use complements and is compatible with the surrounding uses and community facilities. 3. The impact of the use on public infrastructure such as roads, natural gas, water, storm water and wastewater systems, and on public services such as police and fire protection and solid waste collection can be minimized without negatively impacting existing uses in the area and in the City. 4. The use contributes to, enhances or promotes the welfare of adjacent properties and the surrounding area. 5. The use does not substantially adversely affect adjacent and neighboring uses permitted in Article 4. 6. The use does conform in all other respect to regulations and standards in this Unified Development Code. 7. If located within or adjacent to a residential area, the physical appearance, hours of operation and conduct of the use does not generate excessive noise, dust, smoke, glare, spillover lighting or other forms of environmental or visual pollution or otherwise detrimentally affect the residential character. 8. The development provides ample off-street parking and loading facilities. K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0115-05 Hayden Partners LLC\Council Documents\0115-05 Revised report to CC -Hayden Partners LLC - Final.docx Planning Commission Final Report Page 4 Department Comments: • The rezoning is not consistent with the Comprehensive Plan and the Northwest Area Development Plan, but a Special Permit for the proposed expansion would be acceptable. The area is slated for commercial uses along the IH37 Access Road for this area. The business expansion will not change the type of services currently provided at the existing business. • The subject property is approximately 1,600 feet from the major arterial Joe Fulton Corridor intersection. • The existing business is surrounded by vacant Tots to the north and west and northeast and abuts an existing 10,000 square foot Texas Railroad Commission office area facility and a 5,600 square feet Bromley Gas Measurement Incorporated office area facility to the east. • The existing medium -density to the northwest contains an existing 20 foot street yard on River Run Boulevard, which allow for open space and distance between the medium -density use and Tight industrial use. The proposed development also provides about a 100 -foot buffer yard on River Run Boulevard. • The amendment is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • The proposed rezoning would not have a negative impact on the surrounding neighborhood. • Staff finds that the Special Permit Review Criteria is met. Planning Commission and Staff Recommendation: Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, Approval of the "CG-2/SP" General Commercial District with a Special Permit subject to a site plan and the following conditions: 1. Permitted Uses: The only uses authorized by this Special Permit other than those uses permitted by right in the "CG -2" General Commercial District are a warehouse area up to 6,500 square feet for Phase 2 and up to a total of 10,000 square feet of warehouse area for Phase 3 of the development. 2. Architectural Standards: Phase 1 warehouse buildings constructed on the lot shall have a masonry facade. Additional warehouse buildings located behind the six-foot screening fence are not required to comply with these architectural standards with a maximum eave height of 24 feet. 3. Outside Storage: The outside storage is allowed as an accessory use to the primary use located on the same premise and is limited to no more than 30 percent of the premise. All outside storage must be set back a minimum of 20 feet from any public right-of-way. No hazardous material will be stored in this area 4. Location of Outdoor Storage: Permitted outdoor storage shall not be located in the front yard or forward of any structure towards Interstate Highway 37. 5. Lighting: All outside lighting will be directed away from surrounding properties. Planning Commission Final Report Page 5 6. Hours of Operation: Hours of operation will be limited to 7 a.m. to 7 p.m. 7. Screening: A solid wooden screening fence with a height of not less than six feet must be used to screen the outside storage from view from surrounding public rights-of-way and properties. The outside storage shall not extend above the height of the screening fence, except that this limitation does not include machinery equipment. A chain-link fence with slats shall not be considered to be a solid screening fence. 8. Landscaping: In addition to compliance with UDC Section 7.3, Landscaping, the subject property shall include 5- gallon oleanders every five feet on center between the outside storage screening fence and the public right-of-way. All landscaping must be kept in a healthy and growing condition at all times. 9. Landscape Screening: Additional screening of the storage area is to include oak trees planted every 50 feet. 10. Time Limit: This Special Permit for the warehouse square footage authorized for Phase 2 shall expire one year after approval of this Special Permit unless a complete building permit application has been submitted for Phase 2. The Special Permit for the warehouse square footage authorized for Phase 3 shall expire eight years after approval of this Special Permit unless a complete building permit application has been submitted for Phase 3. Public Notification Number of Notices Mailed — 5 within 200 -foot notification area 5 outside notification area As of January 21, 2014: In Favor — 1 inside notification area — 1 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0115-05 Hayden Partners LLC\Council Documents\0115-05 Revised report to CC -Hayden Partners LLC - Final.docx an Patricia County 1 SUBJECT ., PROPERTY til LOCATION MAP City of Corpus Christi 1 nratinn Man go e, rt I. tvt 2V� rr , ► • „„ ©are.Creared'747095 Prepared By: jeremyrn eP5rfinent of Deveiopmenr Services"- CASE:A0115-05 2013 Aerial Subject Property 1:\Ifayden & Cnnpasy\New Office\New OlN[e Drawings\Site Plan For Austin twg Site Plan n4 Hayden & Company 10328 I.H. 37 Corpus Christi, Texas 78410 DICKSON SUINENS. INC. ,sena. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 2/24/15 Second Reading Ordinance for the City Council Meeting of 3/10/15 DATE: February 3, 2015 TO: Ronald L. Olson, City Manager FROM: Laura Z. Garcia, Library Director lauraga@cctexas.com 826-7070 Appropriation of reimbursement funds from the Texas State Library and Archives Commission for the Corpus Christi Public Libraries. CAPTION: Ordinance appropriating reimbursement received from the Texas State Library and Archives Commission for participation in Interlibrary Loan Program in the amount of $21,898.50 into the General Fund No. 1020, La Retama Central Library Organization No. 12800, to be used for library technology services; and Changing the FY14-15 Operating Budget adopted by Ordinance No. 030294 by increasing revenue and expenditures by $21,898.50 each. PURPOSE: To be used for library technology services. BACKGROUND AND FINDINGS: A reimbursement in the amount of $21,898.50 was received from the Texas State Library and Archives Commission for participation in the Interlibrary Loan Program. Corpus Christi Public Libraries completed 2,405 net lends. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to policy regarding appropriations. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 21,898.50 21,898.50 BALANCE 21,898.50 21,898.50 Fund(s): Comments: None. RECOMMENDATION: Staff recommends appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance. Ordinance Appropriating reimbursement received from the Texas State Library and Archives Commission for participation in Interlibrary Loan Program in the amount of $21,898.50 into the General Fund No. 1020, La Retama Central Library Organization No. 12800, to be used for library technology services; and Changing the FY14-15 Operating Budget adopted by Ordinance No. 030294 by increasing revenue and expenditures by $21,898.50 each BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $21,898.50 reimbursement received from the Texas State Library and Archives Commission for participation in the Interlibrary Loan Program is appropriated into the General Fund No. 1020, La Retama Central Library Organization No. 12800, to be used for library technology services. SECTION 2. That the FY 2014-2015 Operating Budget, adopted by Ordinance No. 030294, is changed by increasing revenue and expenditures by $21,898.50 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 10, 2015 Second Reading for the City Council Meeting of March 24, 2015 DATE: February 17, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Amendment to the Unified Development Code to increase the self -storage use compartment size limitation CAPTION: Ordinance amending the Unified Development Code ("UDC") by revising Section 5.2.14.0 allowing an increase in self -storage use compartment sizes from 400 square feet to 500 square feet; and providing for severance, penalties, and publication. PURPOSE: The purpose of this item is to amend the UDC's limitation on compartment sizes for self -storage uses. The current 400 square foot size limitation allowed in certain commercial zoning districts is too small to accommodate many recreational vehicles and boats. BACKGROUND AND FINDINGS: During a recent rezoning case, the City Council posed a question on whether the current 400 square foot size limitation for self -storage uses allowed in a commercial zoning district is too small to accommodate storage of recreational vehicles and boats. Assuming that a storage unit will have a 12 foot wide door, with a 1.5 foot clearance on either side of the door, the current 400 square foot size limitation allows for self -storage units with a depth of 26 feet. The UDC also allows for a 10% administrative increase, so a maximum depth of 29 feet and 440 square feet is possible. However, the most commonly sold recreational vehicles would not fit in a storage unit with only 29 feet of depth. A survey of local recreational vehicle and boat sales revealed that the most common size of recreational vehicle sold is in a range of 28 to 35 feet, with a width of 8.5 feet and a height of approximately 12 feet. Boats commonly range 21 to 27 feet, with a width of 8 to 9 feet, and a height of 8 to 9 feet. 1 Self -storage uses are allowed in CR -1 and 2, Resort Commercial Districts; CG -1 and 2, General Commercial Districts; CI, Commercial Compatible District; and BP, Business Park District. Self -storage uses are allowed without limitation on compartment size in the IL, Light Industrial and IH, Heavy Industrial Districts. Staff conducted a survey of Texas cities and found that 500 square feet is a common cut off size for self -storage units in commercial zoning districts. However, not all cities surveyed placed a size limitation on self -storage unit size, but there was usually some other controlling factor such as City Council approval of all self -storage, a site plan requirement, etc. Increasing the existing size limitation to 500 square feet will allow for vehicles that are 33 feet in length (Unit size: 15' x 33'). With the UDC 10% administrative increase, a self -storage unit depth of 36 feet would be possible. This increase would accommodate the most common size of recreational vehicle and boat sold in the area. Larger vehicles would have to be placed in storage units that have industrial district zoning. ALTERNATIVES: Denial or alteration of the proposed UDC amendment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendment conforms to City policy and State law. DEPARTMENT CLEARANCES: Planning Commission and Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Planning Commission and staff recommend approval of the proposed UDC text amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code ("UDC") by revising Section 5.2.14.0 allowing an increase in self -storage use compartment sizes from 400 square feet to 500 square feet; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding this amendment of the Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 11, 2015, during a meeting of the Planning Commission, and on Tuesday, March 10, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, self -storage uses in a commercial districts are used to store personal property, including boats and recreational vehicles; WHEREAS, self -storage uses are a form of industrial use, but for the convenience of residents of the community self -storage or mini -storage uses are allowed in certain commercial zoning districts near residential neighborhoods; WHEREAS, self -storage uses are limited in unit size to prevent the unit size from becoming an industrial sized warehouse use that could negatively impact nearby residentially zoned property; WHEREAS, the City Council has determined that an increase from 400 square feet to 500 square feet for self -storage units will not harm surrounding neighborhoods and is necessary to permit self -storage units to accommodate larger boats and recreational vehicles commonly purchased by area residents; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That UDC Section 5.2.14.0 is amended by revising the text to read as follows: "5.2.14. Self -Service Storage, Including Boat and RV Storage "C. Each compartment may not exceed an area of 488 500 square feet. Ordinance Amending Self -Storage Unit SizeSelf-Storage Page 1 of 3 SECTION 2. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 3. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. This ordinance is effective immediately and applies to any rezoning that is in the process of or has taken effect. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas Ordinance Amending Self -Storage Unit SizeSelf-Storage Page 2 of 3 The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary day of , 20 Nelda Martinez Mayor Ordinance Amending Self -Storage Unit SizeSelf-Storage Page 3 of 3 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 10, 2015 Second Reading for the City Council Meeting of March 24, 2015 DATE: February 19, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Rezoning from Farm Rural to Single -Family and Commercial For South Staples, LLC Property Address: 714 FM 2444 CAPTION: Case No. 0115-06 South Staples LLC: A change of zoning from the "FR" Farm Rural District to the "RS -15" Single -Family 15 District on Tract 1 and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2. Tract 1 is described as being an 8.57 acre tract out of a 78.76 acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts. Tract 2 is described as being a 5.22 acre tract out of a 78.76 acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts. The properties are located at the northwest corner of South Staples Street (FM 2444) and County Road 41A. PURPOSE: The purpose of this item is to rezone the property to allow development of single-family uses on Tract 1 and commercial uses on Tract 2. RECOMMENDATION: Planning Commission and Staff Recommendation (February 11, 2015): Tract 1: Denial of the rezoning from the "FR" Farm Rural District to "RS -15" Single - Family 15 District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit subject to a site plan and the following conditions: 1. Permitted Uses: The only use authorized by this Special Permit are those authorized by the "RS -22" Single -Family District and single-family detached dwellings on lots with a minimum size of 21,780 square feet. 2. Lot Width: The Property described as Tract 1 shall be developed in accordance with the setback/height/open space requirements of the "RS -22" District with the exception that Lots 2, 3, 58 and 59 are permitted to have a minimum lot width of 60 feet measured at the front yard setback and Lots 1 and 60 are permitted to have a minimum lot width of 90 feet measured at the front yard setback. 3. Time Limit: This Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete public improvement construction permit application has been submitted. Tract 2: Approval of the rezoning from the "FR" Farm Rural District to "CN -1" Neighborhood Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -15" Single -Family 15 District on Tract 1, which would allow with appropriate wastewater infrastructure the construction of single-family dwellings on lots with a minimum size of 15,000 square feet, and to the "CN -1" Neighborhood Commercial District on Tract 2 to allow neighborhood commercial type businesses. The applicant plans to develop half -acre (21,780 square foot) single-family lots because public wastewater lines are not available in the area and half -acre lots are required for septic systems. The applicant is requesting the "RS -15" District because he cannot meet the minimum lot size of 22,000 square feet required by the "RS -22" District. However, both staff and the Planning Commission have recommended a Special Permit to accommodate the applicant's larger single-family lots, and the applicant is agreeable to the Special Permit. ALTERNATIVES: 1. Approve the Planning Commission and Staff recommendation. 2. Approve the "RS -15" Single -Family 15 District on Tract 1 and "CN -1" Neighborhood Commercial District on Tract 2. 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject properties are within the boundaries of the London Area Development Plan (ADP). The proposed rezoning of Tract 1 is consistent with the adopted Future Land Use Plan, which slates the properties for low density residential uses. The proposed rezoning of Tract 2 is not strictly consistent with the Future Land Use Plan. However, the Urban Transportation Plan map calls for a collector street (County Road 41A) to extend along the east side of the entire development and the broader Future Land Use Plan calls for commercial uses at intersections of larger streets. Tract 2 will be located at the corner of a collector and arterial roadway, making the location suitable for neighborhood commercial uses. Therefore, the proposed rezoning of Tract 2 is consistent with the Comprehensive Plan overall. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance (RS-22/SP & CN -1; Planning Commission & Staff Recommendation) Ordinance (RS -15 & CN -1) Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by South Staples, LLC ("Owner"), by changing the UDC Zoning Map in reference to Tract 1, being an 8.57 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, and Tract 2, being a 5.22 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, from the "FR" Farm Rural District to the "RS -15" Single - Family 15 District on Tract 1; and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2; 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 South Staples LLC ("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, February 11, 2015, during a meeting of the Planning Commission, and on Tuesday, March 10, 2015, 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 South Staples, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Tract 1, being an 8.57 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, and Tract 2, being a 5.22 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, located along the north side of Farm -to -Market Road 2444 (South Staples Street) and west of County Road 41A (the "Property"), from the "FR" Farm Rural District to the "RS -15" Single -Family 15 District on Tract 1; and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2 (Zoning Map No. 048030), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description and map of Tract 1 and Exhibit "B", which is a metes and bounds description and map of Tract 2, 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas Ordinance_0115-06 South Staples LLC 02.18.15 Page 2 of 3 The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0115-06 South Staples LLC 02.18.15 Page 3 of 3 LEGAL DESCRIPTION RESIDENTIAL TRACT 8.57 ACRES BEING a 8.57 acre tract out of a 78.76 acre parcel which is out of East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts as recorded in Volume 3, Page 15, Map Records, Nueces County, Texas, said 78.76 acres being recorded in Document No. 2006062064, Deed Records, Nueces County, Texas, and being more particularly described as follows: BEGINNING at a found 1 inch iron pipe on the north right-of-way line of FM 2444 (South Staples Street) for the southwest corner of said 78.76 acre tract and the southeast comer of a 77.576 acre tract as recorded in Volume 649, Page 251, Deed Records, Nueces County, Texas, and being the southwest comer of the herein described tract; THENCE North 00°49'36" West, with the west line of said 78.76 acre tract, a distance of 455.00 feet to a calculated point for the northwest corner of the herein described tract; THENCE North 89°1 P17" East, a distance of 820.13 feet to a calculated point for the northeast comer of the herein described tract; THENCE South 00°49'41" East, a distance of 455.00 feet to a calculated point on the north right-of-way line of said FM 2444, for the southeast corner of the herein described tract; THENCE South 89°11'17" West, with•said right-of-way line, same being the south line of said 78.76 acre tract, a distance of 820.14 feet to the POINT OF BEGINNING and containing 8.57 acres, or 373,160.2 square feet. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. Stacey King Mora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F#355 TBPLS F# 100395-00 Date: -San1Id►� l 3 , 20 tS 5:19219 SOUTH STAPLES LLC 'I'RAG I\PTS!DNT-LE3OAL.docx Page l of 1 Exhibit A 0 200 400 GRAPHIC SCALE IN FEET 85 13 0 0 Iri Ln •4 - t.0 O) 0 0 z W N S 'EAST 1/2 OFA R. 1/4 AS SHOW ON MAP VOL 3, PACE 15 AND RECORDED IN DOC 2p0p0p6062064 omaAI. PUBLIC RECORDS. N17ECES COUNT, TX N89'11'17"E 820.13' POWT IS SEGINNIHTS,. 1' IRON PIPE FOUND 8.67 ACRES OUT OF THE EAST 1/2 OF THE NW 1/4 OF SECTION 90 Ll FARE TRACTS AS SHOWN ON HAP VOL 9, PAGE 16 AND RECORDED IN DOC 12006082084 OFFICIAL PUBLIC RECORDS, NIMCES COUNTY. TIC S89"11 '17"W 820.14' I, Stacey King Mom, Registered Professional Land Surveyor, hereby certify that this survey was prepared from an actual on the ground survey made under my direction and supervision, and represents the facts found at the time of survey, and that this survey substantially complies with the current standards adopted by the Texas Board of Professional Land Surveying. 1 Stacey lG�ora Registered Professional Lend Surveyor Texas Registration No. 6166 smora naismith-engineering.com Naismith Engineering, Inc. Date: '.14LkwAirrt `i . Z o l 5 S STAPLES STREET 0 iri W 0) 0 0 0) CR 2444 GENERAL NOTES: 1) AU. BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE {NAD83). 2) METES AND BOUNDS DESCRIPTION TO ACCOMPANY THIS EXHIBIT. E lEllARCHITECTURE• ENGINEERING ENVIRONMENTAL a SURVEYING 4501 GOWHAR RCM 600 W 6TH SUITE 300 769 E WA5H1M TON 405 W POWER AVE CORPUS CHRISTI, TR 711411 AUSTIN. TX 76707 BROWNSVILLE, TX 711.723 VICTORIA, TT 77901 PH: (361) 6179900 PH: (512) 7069322 MI: (956) 541.1155 NH: (030)677 21231 TRi r I1 51 ■ 1HPE F•355 r11 'C r r01ZN TRR 47-10019-00 a RA1cHrI4 FIV -W 799 G roM Naismith Engineering,Inc A 8.57 ACRE TRACT OUT OF A 78.76 ACRE TRACT AS RECORDED IN DOCUMENT # 2006062064, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS DV. °' Suns I'"" .,� SKM ►n1.aw SKM 9279 '°"` 1^.20O °" OT -19.15 Exhibit A ID"trii9-S-STAPLES 1 co 1 LEGAL DESCRIPTION COMMERCIAL TRACT 5.22 ACRES BEING a 5.22 acre tract out of a 78.76 acre parcel which is out of East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts as recorded in Volume 3, Page 15, Map Records, Nueces County, Texas, said 78.76 acres being recorded in Document No. 2006062064, Deed Records, Nueces County, Texas, and being more particularly described as follows: BEGINNING at a found 5/8 inch iron rod on the north right-of-way line of FM 2444 (South Staples Street) for the southeast comer of said 78.76 acre tract and the southwest corner of a 98.76 acre tract as recorded in Document # 2012045937, Deed Records, Nueces County, Texas, and being the southeast comer of the herein described tract; THENCE South 89°11'17" West, with said right-of-way line, same being the south line of said 78.76 acre tract, a distance of 500.00 feet to the southwest comer of the herein described tract; THENCE North 00°49'41" West, a distance of 455.00 feet to a calculated point for the northwest corner of the herein described tract; THENCE North 89°11'17" East, a distance of 500.00 feet to a calculated point on the east line of said 78.76 acre tract, same being the west Line of said 98.76 acre tract, for the northeast comer of the herein described tract; 1'11J;NCE South 00°49'41" East, with the east line of said 78.76 acre tract and the west line of said 98.76 acre tract, a distance of 455.00 feet to POINT OF BEGINNING and containing 5.22 acres, or 227,500 square feet. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. t Stacey King Mora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F#355 TBPLS F# 100395-00 Date:,,n,ia1) 13 (ZntS 5:19279 SOUTH STAPLES LLC TKACACOMM-LEGAL dacx Pogo i of 1 Exhibit B 0 200 400 GRAPHIC SCALE IN FEET 'EAST 1/2 OF DIE NW1/4 OF SECIICN 30 _ LAUR FARM DRAM AS SNOIYN ON UAP VOL 3. PAGE 15 AND RECORDED IN DOC 1200113020114 OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TA N8911'17"E 500.00' 0 In O 0 Lri In 5.22 ACRES OUT OF THE EAST 1/2 OF THE NW 1/4 OF SECTION 90 LAURELES FARM TRACTS AS SHOWN ON HAP VOL 3. PAGE 15 AND RECORDED IN DOC P00806E054 OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TX 589'11'17"W 500.00' w b.) 07 0 0 U) �p DINT OF BEGINNING0 5/8. MON R00 FOUND 5 STAPLES STREET 1, Stacey King Mora, Registered Professional Land Surveyor, hereby certify that this survey was prepared from an actual on the ground survey made under my &action and supervision, and represents the facts found at the rime of survey, and that this survey substantially complies with the current standards adopted by the Texas Board of Professional Lend Surveying. Stacey K Registered Professional Land Surveyo Texas Registration No. 6166 smora@nalsmith-engineering.com Naismith Engineering, Inc. Date: jgib 19, 201 5 Q CR 2444 0:1 ARCHITECTURE• ENGINEERING ■ ENVIRONMENTAL •SURVEYING 4501 OOLLDUR ROAM 600 W 61N SURE 300 769E WASHING1UN 40S W POWER AVE ORPUS CHRISTI, 55 lI41 L AUSTIN, TX 70701 BNOWNSVILLE, Ix 71153] VICTORIA„ TX 77901 PH:1351) 514.9900 PH:1512) 7069322 PH: (956) 541-1155 PH; WO) 677.2531 TEM F-13553 • T9PE F.355 • MPG FSO017 P MRS F-105345.00 • NAISMIR-ENGINEERIPIG.cp I A 5.22 ACRE TRACT OUT OF A 78.76 ACRE TRACT AS RECORDED IN DOCUMENT# 2006062064, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS GENERAL NOTES: 1) ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD63). 2) METES AND BOUNDS DESCRIPTION TO ACCOMPANY THIS EXHIBIT. Naismith E ng ineeri ng,Inc SKM "•1QOr 5104 •1F •� r.1.a,r 5114 9279 i 1•.2W 01-19-15 9/79 -5 -STAPLES 0 ItMel Exhibit B Ordinance amending the Unified Development Code ("UDC"), upon application by South Staples, LLC ("Owner"), by changing the UDC Zoning Map in reference to Tract 1, being an 8.57 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, and Tract 2, being a 5.22 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, from the "FR" Farm Rural District to the "RS-22/SP" Single -Family 22 District with a Special Permit on Tract 1; and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2; 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 South Staples, LLC ("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, February 11, 2015, during a meeting of the Planning Commission, and on Tuesday, March 10, 2015, 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 South Staples, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Tract 1, being an 8.57 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, and Tract 2, being a 5.22 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, located along the north side of Farm -to -Market Road 2444 (South Staples Street) and west of County Road 41A (the "Property"), from the "FR" Farm Rural District to the "RS-22/SP" Single -Family 22 District with a Special Permit on Tract 1; and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2 (Zoning Map No. 048030), as shown in Exhibits "A," "B," and "C." Exhibit A, which is a metes and bounds description and map of Tract 1, Exhibit "B", which is a metes and bounds description and map of Tract 2, and Exhibit "C", which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit C and the following conditions for Tract 1: 1. Permitted Uses: The only use authorized by this Special Permit are those authorized by the "RS -22" Single -Family District and single-family detached dwellings on lots with a minimum size of 21,780 square feet. 2. Lot Width: The Property described as Tract 1 shall be developed in accordance with the setback/height/open space requirements of the "RS -22" District with the exception that Lots 2, 3, 58 and 59 are permitted to have a minimum lot width of 60 feet measured at the front yard setback and Lots 1 and 60 are permitted to have a minimum lot width of 90 feet measured at the front yard setback. 3. Time Limit: This Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete public improvement construction permit application has been submitted. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas Ordinance SP 0115-06 South Staples LLC 02.18.15 Page 2 of 3 The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance SP 0115-06 South Staples LLC 02.18.15 Page 3 of 3 LEGAL DESCRIPTION RESIDENTIAL TRACT 8.57 ACRES BEING a 8.57 acre tract out of a 78.76 acre parcel which is out of East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts as recorded in Volume 3, Page 15, Map Records, Nueces County, Texas, said 78.76 acres being recorded in Document No. 2006062064, Deed Records, Nueces County, Texas, and being more particularly described as follows: BEGINNING at a found 1 inch iron pipe on the north right-of-way line of FM 2444 (South Staples Street) for the southwest corner of said 78.76 acre tract and the southeast comer of a 77.576 acre tract as recorded in Volume 649, Page 251, Deed Records, Nueces County, Texas, and being the southwest comer of the herein described tract; THENCE North 00°49'36" West, with the west line of said 78.76 acre tract, a distance of 455.00 feet to a calculated point for the northwest corner of the herein described tract; THENCE North 89°1 P17" East, a distance of 820.13 feet to a calculated point for the northeast comer of the herein described tract; THENCE South 00°49'41" East, a distance of 455.00 feet to a calculated point on the north right-of-way line of said FM 2444, for the southeast corner of the herein described tract; THENCE South 89°11'17" West, with•said right-of-way line, same being the south line of said 78.76 acre tract, a distance of 820.14 feet to the POINT OF BEGINNING and containing 8.57 acres, or 373,160.2 square feet. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. Stacey King Mora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F#355 TBPLS F# 100395-00 Date: -San1Id►� l 3 , 20 tS 5:19219 SOUTH STAPLES LLC 'I'RAG I\PTS!DNT-LE3OAL.docx Page l of 1 Exhibit A 0 200 400 GRAPHIC SCALE IN FEET 85 13 0 0 Iri Ln •4 - t.0 O) 0 0 z W N S 'EAST 1/2 OFA R. 1/4 AS SHOW ON MAP VOL 3, PACE 15 AND RECORDED IN DOC 2p0p0p6062064 omaAI. PUBLIC RECORDS. N17ECES COUNT, TX N89'11'17"E 820.13' POWT IS SEGINNIHTS,. 1' IRON PIPE FOUND 8.67 ACRES OUT OF THE EAST 1/2 OF THE NW 1/4 OF SECTION 90 Ll FARE TRACTS AS SHOWN ON HAP VOL 9, PAGE 16 AND RECORDED IN DOC 12006082084 OFFICIAL PUBLIC RECORDS, NIMCES COUNTY. TIC S89"11 '17"W 820.14' I, Stacey King Mom, Registered Professional Land Surveyor, hereby certify that this survey was prepared from an actual on the ground survey made under my direction and supervision, and represents the facts found at the time of survey, and that this survey substantially complies with the current standards adopted by the Texas Board of Professional Land Surveying. 1 Stacey lG�ora Registered Professional Lend Surveyor Texas Registration No. 6166 smora naismith-engineering.com Naismith Engineering, Inc. Date: '.14LkwAirrt `i . Z o l 5 S STAPLES STREET 0 iri W 0) 0 0 0) CR 2444 GENERAL NOTES: 1) AU. BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE {NAD83). 2) METES AND BOUNDS DESCRIPTION TO ACCOMPANY THIS EXHIBIT. E lEllARCHITECTURE• ENGINEERING ENVIRONMENTAL a SURVEYING 4501 GOWHAR RCM 600 W 6TH SUITE 300 769 E WA5H1M TON 405 W POWER AVE CORPUS CHRISTI, TR 711411 AUSTIN. TX 76707 BROWNSVILLE, TX 711.723 VICTORIA, TT 77901 PH: (361) 6179900 PH: (512) 7069322 MI: (956) 541.1155 NH: (030)677 21231 TRi r I1 51 ■ 1HPE F•355 r11 'C r r01ZN TRR 47-10019-00 a RA1cHrI4 FIV -W 799 G roM Naismith Engineering,Inc A 8.57 ACRE TRACT OUT OF A 78.76 ACRE TRACT AS RECORDED IN DOCUMENT # 2006062064, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS DV. °' Suns I'"" .,� SKM ►n1.aw SKM 9279 '°"` 1^.20O °" OT -19.15 Exhibit A ID"trii9-S-STAPLES 1 co 1 LEGAL DESCRIPTION COMMERCIAL TRACT 5.22 ACRES BEING a 5.22 acre tract out of a 78.76 acre parcel which is out of East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts as recorded in Volume 3, Page 15, Map Records, Nueces County, Texas, said 78.76 acres being recorded in Document No. 2006062064, Deed Records, Nueces County, Texas, and being more particularly described as follows: BEGINNING at a found 5/8 inch iron rod on the north right-of-way line of FM 2444 (South Staples Street) for the southeast comer of said 78.76 acre tract and the southwest corner of a 98.76 acre tract as recorded in Document # 2012045937, Deed Records, Nueces County, Texas, and being the southeast comer of the herein described tract; THENCE South 89°11'17" West, with said right-of-way line, same being the south line of said 78.76 acre tract, a distance of 500.00 feet to the southwest comer of the herein described tract; THENCE North 00°49'41" West, a distance of 455.00 feet to a calculated point for the northwest corner of the herein described tract; THENCE North 89°11'17" East, a distance of 500.00 feet to a calculated point on the east line of said 78.76 acre tract, same being the west Line of said 98.76 acre tract, for the northeast comer of the herein described tract; 1'11J;NCE South 00°49'41" East, with the east line of said 78.76 acre tract and the west line of said 98.76 acre tract, a distance of 455.00 feet to POINT OF BEGINNING and containing 5.22 acres, or 227,500 square feet. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. t Stacey King Mora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F#355 TBPLS F# 100395-00 Date:,,n,ia1) 13 (ZntS 5:19279 SOUTH STAPLES LLC TKACACOMM-LEGAL dacx Pogo i of 1 Exhibit B 0 200 400 GRAPHIC SCALE IN FEET 'EAST 1/2 OF DIE NW1/4 OF SECIICN 30 _ LAUR FARM DRAM AS SNOIYN ON UAP VOL 3. PAGE 15 AND RECORDED IN DOC 1200113020114 OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TA N8911'17"E 500.00' 0 In O 0 Lri In 5.22 ACRES OUT OF THE EAST 1/2 OF THE NW 1/4 OF SECTION 90 LAURELES FARM TRACTS AS SHOWN ON HAP VOL 3. PAGE 15 AND RECORDED IN DOC P00806E054 OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TX 589'11'17"W 500.00' w b.) 07 0 0 U) �p DINT OF BEGINNING0 5/8. MON R00 FOUND 5 STAPLES STREET 1, Stacey King Mora, Registered Professional Land Surveyor, hereby certify that this survey was prepared from an actual on the ground survey made under my &action and supervision, and represents the facts found at the rime of survey, and that this survey substantially complies with the current standards adopted by the Texas Board of Professional Lend Surveying. Stacey K Registered Professional Land Surveyo Texas Registration No. 6166 smora@nalsmith-engineering.com Naismith Engineering, Inc. Date: jgib 19, 201 5 Q CR 2444 0:1 ARCHITECTURE• ENGINEERING ■ ENVIRONMENTAL •SURVEYING 4501 OOLLDUR ROAM 600 W 61N SURE 300 769E WASHING1UN 40S W POWER AVE ORPUS CHRISTI, 55 lI41 L AUSTIN, TX 70701 BNOWNSVILLE, Ix 71153] VICTORIA„ TX 77901 PH:1351) 514.9900 PH:1512) 7069322 PH: (956) 541-1155 PH; WO) 677.2531 TEM F-13553 • T9PE F.355 • MPG FSO017 P MRS F-105345.00 • NAISMIR-ENGINEERIPIG.cp I A 5.22 ACRE TRACT OUT OF A 78.76 ACRE TRACT AS RECORDED IN DOCUMENT# 2006062064, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS GENERAL NOTES: 1) ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD63). 2) METES AND BOUNDS DESCRIPTION TO ACCOMPANY THIS EXHIBIT. 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C. 200 9E_ __ _U 1050 00' 16" 34,6 , ,0S a ,91 1 OOVN3/ 13.9.829Y1 66,0S 30 .90 .0 �A:szL-7-- N 00 U 1.020 9 "ON / 0' 0 ±0'90.60,0 40'0 ,I 99'6 3094 b 900 N Ga ,OS G3 OCVN3A 36 0081 10 5,00'09,19 .0S Z4'46 - 3y1. 00 30.01 69'9 311,9_09'60E ZS rZ M. '96.16,00 SO 60 ^E N i y N 8 3091_ 06'00t- h (0 19 L01. 8 311.9- 691,00 -_ _ _ _ _ -06'900 _ 06'60 06 N 30 S0' 06804 941ZZ. 30,9 _ _ _ _69'9 8 8 8 8 8 20 WEST 1/2 OF THE NW 1/4 OF SECTION 30 rtNr LAURELES FARM TRACTS AS SHOWN ON MAP VOL 3, PAGE 15 Aerial Overview :4777 rzi r1� Pr- �.arrfara aui i 1.3 is w 1 Aerial PLANNING COMMISSION FINAL REPORT Case No.: 0115-06 HTE No. 15-10000002 Planning Commission Hearing Date: February 11, 2015 Applicant/Owner: South Staples, LLC Representative: Naismith Engineering Legal Description: Tract 1: Being an 8.57 acre tract out of a 78.76 acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts. Tract 2: Being a 5.22 acre tract out of a 78.76 acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts. Location: The property is located on the northwest corner of South Staples Street (FM 2444) and County Road 41A. Zoning Request Tract 1: From: "FR" Farm Rural District To: "RS -15" Single -Family 15 District Area: 8.57 acres Purpose of Request: To allow the construction of a single-family subdivision. Tract 2: From: "FR" Farm Rural District To: "CN -1" Neighborhood Commercial District Area: 5.22 acres Purpose of Request: To allow neighborhood commercial type businesses. Existing Zoning District Existing Land Use Future Land Use Site Tract 1: "FR" Farm Rural Tract 2: "FR" Farm Rural Tract 1: Vacant Tract 2: Vacant Tract 1: Low Density Residential Tract 2: Low Density Residential North "FR" Farm Rural Vacant Low Density Residential South "FR" Farm Rural Vacant Low Density Residential East "FR" Farm Rural Vacant Low Density Residential West "FR" Farm Rural Vacant Low Density Residential Planning Commission Final Report Case # 0115-06 South Staples, LLC o o 2 a o a5 Area Development Plan: The subject property is located within the boundaries of the London Area Development Plan (ADP) and is planned for low density residential uses. The rezoning on Tract 1 is consistent with the adopted Future Land Use Plan. While the rezoning on Tract 2 is inconsistent with the Future LAND Use Plan. Map No.: 048030 Zoning Violations: None Transportation Transportation and Circulation: The area to be rezoned has access to South Staples Street (FM 2444), which the Urban Transportation Plan shows as an A3 Primary Arterial Street, and County Road 41A, which the Urban Transportation Plan shows as a C3 Primary Collector Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume FM 2444 South Staples Street A3 Primary Arterial Existing 130' ROW 79' Paved 3,063 ADT CR 41A C3 Primary Collector Proposed 75' ROW 50' Paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -15" Single -Family 15 District on Tract 1 to allow construction of single-family dwellings on lots with a minimum size of 15,000 square feet and to the "CN -1" Neighborhood Commercial District on Tract 2 to allow neighborhood commercial type businesses. The applicant plans to develop half -acre (21,780 square feet) single-family lots because public wastewater lines are not available in the area and half -acre lots are required for septic systems. The applicant is requesting the "RS -15" District because he cannot meet the minimum lot size of 22,000 square feet required by the "RS -22" District. Development Plan: The subject property located within the newly annexed portion of South Staples Street (FM 2444). The applicant/developer's rezoning area is part of a larger proposed development consisting of 78.76 acres. The developer is proposing to build 93 single-family lots on half -acre lots on a total of 70.33 acres, and neighborhood commercial uses on the remaining 8.43 acres. The majority of the development is outside City limits. The newly annexed area only extends 500 feet north of South Staples Street (FM 2444). For Tract 1, there is a total of 8.57 acres and the developer is proposing eight half -acre lots. For Tract 2, there is a total of 5.22 acres and the developer is proposing neighborhood commercial uses. K:\DevelopmentSvcs\SHARED\ZONING CASES \2015\0115-06 South Staples, LLC\Council Documents\0115-06 Report for CC - South Staples, LLC.docx Planning Commission Final Report Case # 0115-06 South Staples, LLC Existing Land Uses & Zoning: To the north, south, east and west of the subject property is zoned as "FR" Farm Rural and is currently vacant. To the east is a proposed single-family subdivision with half -acre lots called Sun George Village. 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 properties are within the boundaries of the London ADP and the proposed rezoning is partially consistent with the adopted Future Land Use Plan, which slates the properties for low density residential use. Tract 1 is consistent with the Future Land Use Plan. Currently, there is low density residential development underway within 2,600 feet from the subject properties. Tract 2 is not consistent with the Future Land Use Plan. However, the Urban Transportation Plan map calls for a collector street (County Road 41A) to extend along the east side of the entire development. Therefore, the proposed commercial tract of land (Tract 2) will be located at the corner of a collector and arterial roadway, making the location suitable for neighborhood commercial uses. Additionally, the Future Land Use Plan calls for commercial nodes of development farther east of Tract 1 at the intersection of South Staples Street (FM 2444) and CR 41. Department Comments: • The rezoning to the "RS -15" District on Tract 1 is not consistent with the London ADP in that the property is not suited for the lots sizes allowed by the "RS -15" District because public wastewater is not available and the use of septic systems requires a minimum lot size of 21,780 square feet. However, a rezoning to the "RS-22/SP" Single -Family 22 District with a Special permit for lot sizes of 21,780 square feet (just under the "RS -22" District's required lot size of 22,000 square feet) would be consistent with Comprehensive Plan and London ADP. • The rezoning to the "CN -1" District on Tract 2 is not consistent with the Future Land Use Plan. However, the Future Land Use Plan indicates nodes of commercial development at major intersections. Therefore, the rezoning to "CN - 1" at this location is consistent with the Comprehensive Plan and London ADP. • The nearest existing commercial use is 2.5 miles from the subject property near the corner of Yorktown Boulevard and South Staples Street (FM 2444). • The rezonings are compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the rezonings (with the exception of the "RS -15" District). • The proposed rezonings would not have a negative impact on the surrounding neighborhood. Planning Commission Final Report Case # 0115-06 South Staples, LLC Planning Commission and Staff Recommendation: Tract 1: Denial of the rezoning from the "FR" Farm Rural District to "RS -15" Single - Family 15 District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit subject to a site plan and the following conditions: Permitted Uses: The only use authorized by this Special Permit are those authorized by the "RS -22" Single -Family District and single-family detached dwellings on lots with a minimum size of 21,780 square feet. 2. Lot Width: The Property described as Tract 1 shall be developed in accordance with the setback/height/open space requirements of the "RS -22" District with the exception that Lots 2, 3, 58 and 59 are permitted to have a minimum lot width of 60 feet measured at the front yard setback and Lots 1 and 60 are permitted to have a minimum lot width of 90 feet measured at the front yard setback. 3. Time Limit: This Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete public improvement construction permit application has been submitted. Tract 2: Approval of the rezoning from the "FR" Farm Rural District to "CN -1" Neighborhood Commercial District. Notification Number of Notices Mailed — 4 within 200 -foot notification area; 3 outside notification area As of February 16, 2015: In Favor In Opposition For 0.00% in opposition. — 1 inside notification area; 0 outside notification area — 0 inside notification area; 0 outside notification area Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan (Preliminary Plat) K:\DevelopmentSvcs\SHARED\ZONING CASES \2015\0115-06 South Staples, LLC\Council Documents\0115-06 Report for CC - South Staples, LLC.docx 2 4 3 FM 2444 0 1 400 800 Feet Q a U Date Created: 1/19/2015 Prepared By: jeremym Department of Development Services CASE: 0115-06 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY FM -2444 N s E LOCATION MAP 1 City of Corpus Christi Exhibit A 6106100 1010 6026 910610Z)00 w maV Ae NNS .091 IJAmnS0.1031-0, AS MAYO 1003 9NIa33NION31i11WSIVN8>INI60690900 l.MA uo666ux)090) 0008 OlS 49£) 0066-04 04 UK) 9 n3AV9VWVH1 A 3090303'd LIS SINIa6a3aNn 04490 o on- WO94 0 :N9N3 JS VIA • 0.96E001-3 SSARL ■ LINS-39d81 • SSE9 3de1• ESSE[-9 3981 IEHZ-224 wowHd SS[i-165(906) Hd ZZEbSOt(A1S)0066-4I9(i9E)'W SAM,. SNIA4990,129 DADS,. NA'3512APAIHOE4 DOCEi •SASFA :rift. aA'USi#u:F.HRHHES 3AV 23MOd MS. 1,019NIHSVAA 3 DOD OLE 3105 Da 0009 WO!19X11109 IDSD ONIAIMIASNTLN3WNOMNN39NI1133NI8N3M311I111312HOMV DuI'6uLaaeui6u31.1piLUsIeN SVX31'AINAOO S3O3fN OOVN3A 130 O9V- d0ltlld 1YNIo 6- 2 U 0 U 0 8 8 8 8 8 8 8 8 8 8 8 8 8 8 $, e U U U 8 8 8 8 8 8 8 8 8'8 8 8 8 8 8 8 8 8 8 8 8 3 8 8 8 8 8 8 8 8 U 8 8 8 8 3 8 8 5 8 8 8 8 8 R 8 8 8 81 8 0 0 ze 960,06.00 1080.06 11 3000± 06.91 06,66 ,ON 3,1.0_89889 - - U U 888 8 8 3 8 8 n 8 8 2 E 8 8 8 8 8 8 68 91 008 "E 10/18014/ NO 80601-10 S✓ 310 681 1%19103738067 38110 OE 0891 '80I103S 80/!0 53806 9196 1W660000000 000 ±86860001003W807383 ' 8 08110681NO0 302,1038 NOS 9/9/0 1 S /7811 N-Wl S3ANl 1098806,08006 00'091 0 - - -- 3.9±09.66,0S- 911.0 -30,5±0'960 -------09'0{1--- - -06900- 06'809 2' �r� ILL' l___ N � ,,,T5-30 30.51 Vii" 30 .50? 3 30.51 �1 30.91 i�J N :21 IFI LL LL ' , .F 1 N m a` 182mo NN N 11 30.0 96800 00.5 30.90 - L --"09'000"_---I 5, 06.66,0 020 220 GA 3.91'06,66 e0S �l0 St 96,00 =' ZO--00±9- 06804 •1 ,61, ,00 (Dawn, 730 02V1 ,.9106,66.0 EE'0 _6,9P----�"ds. 30.94 66'e01 — ao HA zL 210094—__ 3051 - 1-ZO'BEL aO eZ �F Z 8 800'06./6.00 19' 1 LL Jo __ 69'9 3.2406. C. 200 9E_ __ _U 1050 00' 16" 34,6 , ,0S a ,91 1 OOVN3/ 13.9.829Y1 66,0S 30 .90 .0 �A:szL-7-- N 00 U 1.020 9 "ON / 0' 0 ±0'90.60,0 40'0 ,I 99'6 3094 b 900 N Ga ,OS G3 OCVN3A 36 0081 10 5,00'09,19 .0S Z4'46 - 3y1. 00 30.01 69'9 311,9_09'60E ZS rZ M. '96.16,00 SO 60 ^E N i y N 8 3091_ 06'00t- h (0 19 L01. 8 311.9- 691,00 -_ _ _ _ _ -06'900 _ 06'60 06 N 30 S0' 06804 941ZZ. 30,9 _ _ _ _69'9 8 8 8 8 8 20 WEST 1/2 OF THE NW 1/4 OF SECTION 30 rtNr LAURELES FARM TRACTS AS SHOWN ON MAP VOL 3, PAGE 15 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 27, 2015 Action Item for City Council Meeting February 10, 2015 DATE: 1/14/2015 TO: Ronald L. Olson, City Manager THRU: Susan Thorpe, Assistant City Manager SThorpe@cctexas.com 361-826-3898 FROM: Eddie Ortega, Director of Housing and Community Development EddieO@cctexas.com 361-826-3234 Approving grant funds for the rehabilitation of the La Armada II Public Housing Complex. CAPTION: Motion approving grant funds for the rehabilitation of the La Armada II Public Housing Complex, and authorizing the City Manager or his designee to execute an affordable housing agreement with the Corpus Christi Housing Authority. PURPOSE: The Corpus Christi Housing Authority will rehabilitate 93 the La Armada II Public Housing Complex, which will bring 93 previously unused units back into service. The executed grant will authorize the Corpus Christi Housing Authority to carry out this scope of work. BACKGROUND AND FINDINGS: La Armada was built in 1939 and 1940 as military housing. Since completing its military service, La Armada II has served citizens of Corpus Christi as Public Housing. However, after 70 years of use, the property is in desperate need of revitalization. Currently 93 of the 400 units have been removed from service due to physical deterioration. By utilizing this funding request as leverage to assist the CCHA, the CCHA plans to utilize its HUD Operating Financing Program and Capital Fund Program as their funding sources. Construction will be completed over a two year period with an estimated cost of $5.3 million. The request for $500,000 represents an approximate 10% match toward the project which will be received over two fiscal years from the Type A Board. On January 19, 2015, the Type A Board approved a funding grant request from the Corpus Christi Housing Authority for the amount of $500,000 for the rehabilitation of the La Armada II Complex. Of the $500,000 that is to be awarded, $350,000 will be funded from FY2014-2015 and the remaining balance of $150,000 will be funded from FY2015-2016 Type A Affordable Housing funds. On January 20, 2015, the Corpus Christi City Council approved the 2014 revisions of the Corpus Christi Business and Job Development Corporation Affordable Housing Goals and Strategies which was to acknowledge and allow for the support of rental housing projects as an Affordable Housing strategy for the citizens of Corpus Christi. The execution of this funding agreement will allow the revitalization of La Armada II Public Housing Complex to move forward to bring 93 vacant units back online and the remaining 307 units are being rehabilitated, improved and modernized. Within the Type A funding allocation, $300,000 remain for Homebuyer Assistance funding for the remainder of the fiscal year as well as $150,000 remains available for other affordable housing projects. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This project is consistent with the Type A Board's Affordable Housing Goals and Strategies. This grant will be used for the support of affordable rental housing for the very low-income citizens of Corpus Christi. EMERGENCY / NON -EMERGENCY: Immediate action is necessary for the efficient and effective administration of the City's affairs. This is a routine, non -controversial item. DEPARTMENTAL CLEARANCES: Housing and Community Development staff, along with the Legal Department staff have reviewed and cleared the proposed amendment. FINANCIAL IMPACT: Operating Expense Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $350,000 $350,000 Encumbered / Expended Amount This item $350,000 $350,000 BALANCE Fund(s): Comments: N/A RECOMMENDATION: Housing and Community Development staff recommends the approval grant funds for the rehabilitation of La Armada II Housing Complex and to authorize the City Manager or his designee to execute an Affordable Housing Agreement with the Corpus Christi Housing Authority. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement with CCHA INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI HOUSING AUTHORITY FOR AN AFFORDABLE HOUSING PROJECT This Interlocal Cooperation Agreement for an Affordable Housing Project ("Project Agreement") is entered into between the Corpus Christi Housing Authority ("CCHA"), a political subdivision of the State, and the City of Corpus Christi ("City"), a home -rule municipality. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas Revised CMI Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.0002 et seq, ("the Act") empowered Iocal communities with the ability to adopt an optional Iocal sales and use tax as. a means of improving the economichealth and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi 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, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City Council"), and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation's ("Corporation") Board of Directors ("Board"); WHEREAS, in an effort to fund affordable housing projects in an effective manner, the Board determined that it is in the best interests of the residents of the City to awarded affordable housing funds in the amount of $749,231 to the City. Said funds were approved by Agreement whose term is from October 1, 2014 to until September 30, 2015; WHEREAS, subsequent to the Board's funding of the City, the Board and thereafter the City Council on January 19, 2015 and January 20, 2015 respectively, amended the Affordable Housing Goals and Strategies to acknowledge and allow for the support of rental housing projects as an affordable housing strategy for the citizens of the City of Corpus Christi; Page 1 of 10 WHEREAS, CCHA thereafter submitted a proposal to revitalize the 400 unit La Armada II Complex, to include the rehabilitation of 93 rental units, at an estimated cost of approximately $5,300,000; WHEREAS, the CCHA plans to submit an Operating Fund Financing Application through the U.S. Department of Housing and Urban Development (HUD) in the amount of $3,500,000; WHEREAS, the CCHA plans to utilize HUD Capital Fund Program funding in the amount of $1,300,000; WHEREAS, as a funding gap remains, CCHA has submitted a grant application to request from the City local housing funds in the amount of $500,000; WHEREAS, the Board and City Council determined that it is in the best interests of the residents of the City of Corpus Christi that a portion of the affordable housing funds previously awarded to the City now be used to fund the CCHA's affordable rental housing request; WHEREAS, Chapter 791 of the Texas Government Code, as amended authorizes contracts between local governmental agencies to perform governmental functions and services. In consideration of the covenants, promises, and conditions stated in this Project Agreement, the CCHA and the City agree as follows: 1. Project Agreement to Implement Affordable Housing Project. This Project Agreement between the CCHA and the City is executed to implement the promotion and development of an affordable rental housing project proposed by CCHA. The Project submitted by CCHA, entitled "La Armada Il Revitalization Plan" ("Project") is attached to this Project Agreement as Exhibit A, and is incorporated in this Project Agreement by reference. 2. Effective Date. The effective date of this Project Agreement is the latest date on which a party to the Project Agreement executes this Project Agreement. ("Effective Date") 3. Expiration Date. This Project Agreement expires upon project completion. Project shall be complete on or before the date which is 24 months from the beginning date of the construction. Said date to be supplied by CCHA when construction begins. 4. Terms of Project Agreement. a. CCHA has advised that the Project has an estimated cost of approximately $5,300,000. The CCHA shall provide $4,800,000 in funds through various federal programs and the City shall provide $500,000 in affordable housing funds. b. Of the $500,000 in affordable housing funds to be awarded by the City, $350,000 will be funded from FY2014-2015 City budget and the remaining balance of $150,000 will be funded from FY2015-2016 City budget. Page 2 of 10 c. The $350,000 in affordable housing funds will be awarded immediately upon execution of this Project Agreement; the $150,000 will be awarded on October 1, 2015 or as soon as possible after the adoption of the FY 2015-2016 Type A budget, upon the expected future allocation of funds by the Type A Board to the City. The parties recognize that appropriation of the future funds, budget approval, and a decision by the Type A to transfer sufficient funds to the City for affordable housing in FY 2015-2016 are within the sole discretion of the Type A Board. By execution of the Agreement, the City does not represent that these actions will occur. All of these actions are further subject to City Council approval. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval covering this Agreement as expenditure in said budget however, it's within the sole discretion of the City Council of the City to determine whether to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. d. CCHA has advised that it will provide $4,800,000 of the $5,300,000 project. CCHA funds will include $3,500,000 from HUD's Operating Fund Financing Program and $1,300,000 from HUD's Capital Fund Program. Should either the $3,500,000 from the Operating Fund Program or the $1,300,000 from the Capital Fund Program be denied by HUD, CCHA will return any and all funding that may have been provided to CCHA by City for said Project within 20 days of being notified that said federal funding was not approved. e. Should CCHA be awarded all $5,300,000 in financing, CCHA will: 1. Return the 93 vacant units to service; 2. Update internal plumbing and baths for the remaining 307 units; 3. Update the building facades; and 4. Re -roof the entire complex. f. At the project's completion, should any of the $500,000 affordable housing funds not be fully expended on the Project, the CCHA will return the remaining amount to the City for affordable housing. 5. Documentation. CCHA shall submit a performance report ("Installment Report") to the City at least once before the second funding installment of $150,000 will be provided, and a complete performance report ("Final Report") within 30 days of the expiration of this Project Agreement. The Installment and Final Reports must contain all relevant details pertaining to how the funds provided under this Project Agreement were expended for the revitalization of the property, including the retum of the 93 vacant units to service, the update to the internal plumbing and baths for the remaining 307 units, the update to the building facades and the re - Page 3 of 10 roofing of the complex and include any supporting documentation, including pictures, which will substantiate the written narrative contained in the reports. 6. Amendments or Modifications. a. No amendments or modifications to this Project Agreement may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. b. The CCHA's Chief Executive Officer and City Manager are authorized to execute minor amendments or modifications to this Project Agreement, by exchange of letters with the CCHA. The minor amendments and modifications may relate to the timing of performance and reporting. However, the minor amendments or modifications may not increase the amounts of money available to the CCHA under this Project Agreement. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Agreement or the application of this Project 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 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 Agreement that every section, paragraph, subdivision, clause, provision, phrase, and word of this Project 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 Agreement, then the remainder of this Project 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 Project Agreement automatically. 8. Compliance with Laws. CCHA shall comply with all applicable Federal, State, and local government laws, rules, regulations, and ordinances which may be relevant to CCHA's performance under this Project Agreement. 9. Jurisdiction and Venue. a. This Project Agreement is governed by and must be construed under the laws of the State of Texas. Page 4 of 10 b. All actions brought to enforce compliance with this Project Agreement must be brought in Nueces County, Texas, where this Project Agreement was entered into and must be performed. 10. Acknowledgment and Construction of Ambiguities. The parties expressly agree that each has independently read and does understand this Project Agreement. By CCHA's execution of this Project Agreement, CCHA agrees to be bound by the terms, covenants, and conditions contained in this Project Agreement. Any ambiguities in this Project Agreement may not be construed against the drafter. 11. Indemnity. CCHA must fully indemnify and hold harmless the City of Corpus Christi, and their officers, employees, and agents (hereinafter, collectively "Indemnitees"j from and against any and all liability, damage, loss, claims, demands, expenses, suits, and causes of action of 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 of any kind whatsoever 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, either proximately or remotely, wholly or in part, any activities by CCHA, its officers, employees, agents, members, invitees, or independent contractors with respect to this Project Agreement or the Project that is the subject of this Project Agreement, regardless of whether such injuries, death, or damages are caused, or are claimed to be caused, by the contributory negligence of any of the Indemnitees, but not if caused by the sole negligence of the Indemnitees unmixed with the fault of any other person or entity. CCHA covenants and agrees that if Indemnitees, or any of them, are made a party to any litigation against CCHA or in any litigation commenced by any party other than CCHA relating to this Project Agreement or Project, CCHA 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 Indemnitees in all actions based thereon with legal counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. 12. Warranties. CCHA warrants and represents to City the following: a. CCHA is a duly organized, validly existing, and in good standing under the laws of the State of Texas, has all authority to carry on its business as presently conducted in Corpus Christi, Texas. Page 5of10 b. CCHA has the authority to enter into and perform, and will perform, the terms of this Project Agreement. c. CCHA has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed and all taxes, 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 Project Agreement d. CCHA acknowledges that the funds granted in this Project Agreement must be utilized solely for development and expansion of affordable housing, as described by 42 U.S.C. Section 12745 and by the terms of this Project Agreement. e. The CCHA agrees to obtain all necessary permits for intended improvements or activities within the scope of funding provided for by this Agreement, which improvements and activities shall be completed within a reasonable period of time. e. If an audit determines that the funds were not used for authorized purposes, CCHA agrees to reimburse City for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Project Agreement on behalf of CCHA are duly authorized to execute this Project Agreement on behalf of CCHA. 13. Events of Default. The following events constitute a default of this Project Agreement: a. Failure of CCHA to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Project Agreement. b. The City determines that any representation or warranty on behalf of CCHA contained in this Project Agreement or in any financial statement, certificate, report, proposal, or opinion submitted to the City in connection with this Project Agreement was incorrect or misleading in any material respect when made. c. Any judgment is assessed against CCHA or any attachment or other levy against the property of CCHA with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. CCHA makes an assignment for the benefit of creditors. e. CCHA files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes on property owned by CCHA become delinquent, and CCHA fails to timely and properly follow the legal procedures for protest or contest. Page 6 of 10 g, CCHA changes the general character of its business as conducted on or following the date this Project Agreement is approved by the City. 14, Notice of Default. Should the City determine that CCHA is in default under the terms of this Project Agreement; the City shall notify CCHA in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for CCHA to cure the event of default 15. Results of Uncured Default. 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 CCHA, as determined by the City, the following actions must be taken for any default that remains uncured after the Cure Period: a. CCHA shall immediately repay to City, with interest atthe interest rate paid by the City on its most recently issued general obligation bonds or the maximum interest permitted by law, whichever is less, from date of expiration of Cure Period until fully paid, all funds not used under terms of this Project Agreement. b. CCHA shall pay City reasonable attorney fees and costs of court to collect amounts due to City. f c. The City shall have no further obligations to CCHA under this Project Agreement and this Project Agreement shall terminate. d. The City may not be held liable for any consequential damages. e. The City may pursue all remedies available under law. 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Project Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Project Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Project Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Project Agreement. c. Any waiver or indulgence of CCHA's default may not be considered an estoppel against the City. d. It is expressly understood that if at any time CCHA is in default in any of its conditions or covenants of this Project Agreement, the failure on the part of the City to promptly avail itself of the rights and remedies that the City may have, will not be considered a waiver on the part of the City, but City may at any avail itself of the rights or remedies or elect to terminate this Project Agreement on account of the default. Page 7 of 10 17. Liability. The City shall not be responsible or liable for any debts, actions, obligations, negligence or liabilities committed by or incurred by the CCHA, its staff or clientele. 18. Relationship of Parties. In performing this Project Agreement, CCHA and the City shall 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. Nonassignment. CCHA may not assign, mortgage, pledge, or transfer this Project Agreement or any interest contained in this Project Agreement without the prior written consent of the City. 20. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to CCHA: Corpus Christi Housing Authority ATTN: Executive Officer 3701 Ayers Street Corpus Christi, Texas 78415 If to City: City of Corpus Housing and Community Development Attn: Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent to 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 in subsection a. of this section. 21. Retain Property. In exchange for this grant for rehabilitation and improvement of CCHAs' real property the CCHA hereby agree that they shall operate the property according to established HUD guidelines for a term of five (5) years. Should CCHA cease operating the property according to established HUD guidelines the premises improved by these grant funds during that five year term the CCHA shall repay the grant amount in full, with interest at the interest rate paid by the City on its most recently Page 8 of 10 issued general obligation bonds or the maximum interest permitted by law, whichever is less, from the date of disbursement. 22. Financial Records. The CCHA agrees to keep all necessary books and records, including property, personnel and financial records, in connection with the operations and services performed under this Agreement, and shall further document all transactions so that all expenditures may be properly audited. CCHA expressly agrees that funds received by it through this Agreement shall not be used for any purpose outside the scope defined in this Agreement. CCHA, shall retain all project records, books, papers, receipts, and documents for a period of not less than five (5) years after the project terminates and grants the City, at its election, the option of retaining upon completion of the work such records as it might deem appropriate to hold in public custody of the City. 23. Audit. The CCHA agrees that the City or any authorized representative may have access to and the right to examine all records, books, papers, receipts, or documents related to the grant or the CCHA's programs benefited by the grant and the CCHA warrants that all such project records, books, papers and documents will be retained for a period of not less than five (5) years after the project terminates. 24. Non-discrimination. a. CCHA may not discriminate nor permit discrimination against any person or group of persons on the grounds of race, gender, disability, religion, age, or national origin in any manner prohibited by the laws of the United States or the State of Texas. b. The City retains the right to take any action the United States or the State of Texas may direct to enforce this non-discrimination covenant. 25. Captions. The captions in this Project Agreement are for convenience only and are not a part of this Project Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Agreement. 26. Entire Agreement. This Project Agreement and the referenced and incorporated documents constitute the entire agreement between the City and CCHA for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Project Agreement, unless contained in this Project Agreement, are expressly revoked, as the parties intended to provide for a complete understanding, within the provisions of this Project Agreement and its referenced and incorporated documents, of the terms, conditions, promises, and covenants relating to the each party's required performance under this Project Agreement. (Execution pages follow) Page 9of10 CITY OF CORPUS CHRISTI CORPUS CHRISTI HOUSING AUTHORITY Ronald Olson City Manager Gary Allsup President and Chief Executive Officer -/a-e--1 / S Date Date ATTEST: Rebecca Huerta City Secretary Date APPROVED AS TO FORM: Buck Brice (Date) Assistant City Attorney For City Attorney Priscilla Waller Chairperson 91)/(' Date Page 10 of 10 First Reading at the City Council Meeting of February 17, 2015 Second Reading at the City Council Meeting of February 24, 2015 DATE: February 12, 2015 TO: Ronald L. Olson, City Manager THRU: Margie Rose, Deputy City Manager MargieR@cctexas.com 361-826-3220 THRU: THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com 361-826-3897 Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com 361-826-3729 FROM: Lawrence Mikolajczyk, Director, Solid Waste Operations Lawm@cctexas.com 361-826-1971 Termination of RecycleRewards agreement and non -allocation of funds for budget fiscal year 2015-2016. CAPTION: Ordinance approving a termination of the agreement with RecycleRewards and non -allocation of funds due to the necessity to fund improvements to solid waste services in the operating budget for fiscal year 2015-2016; finding that the termination and issuance of certificates of obligation for solid waste services capital improvements are both necessary and prudent; directing that a copy of this ordinance be included with the adopted FY2015-2016 Operating Budget; and providing for severance. PURPOSE: Capital improvement projects for the City's Solid Waste Operations department must be funded in the FY 2015-2016 budget. Budgetary constrictions necessitate the termination of the RecycleRewards, Inc. agreement to assure funding is available to finance principal and interest payments associated with this debt. BACKGROUND AND FINDINGS: Section 16.3 E. of the RecycleRewards Contract states that the continuation of the contract after the close of any fiscal year is subject to future appropriations and budget approval providing for such contract item as an expenditure in that budget. Therefore, if the contract is not funded in the FY 2015-16 budget, the contract will terminate effective September 30, 2015. ALTERNATIVES: 1. Do not approve. (Not Recommended) OTHER CONSIDERATIONS: Prudent fiscal management policy necessitates this action to help assure sustainable solid waste management practices. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Management and Budget, Finance, City Attorney FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years Annual Expenditure Reduction Line Item Budget ($712,000) ($712,000) Encumbered / Expended Amount $0 $0 This item ($712,000) ($712,000) BALANCE $0 $0 Fund: General Fund, Refuse Collections, Professional Services Account Comments: This item continues to fund the RecycleRewards, Inc. agreement in FY 2014-2015 as budgeted. Termination of the agreement on September 30, 2015, and non -renewal of the contract March 15, 2016, will result in expenditure reductions of approximately $712,000 annually that may be redirected to fund Solid Waste Operations Department Capital Improvement Projects. RECOMMENDATION: Approval if this item is recommended. LIST OF SUPPORTING DOCUMENTS: Ordinance. Ordinance Approving a termination of the agreement with RecycleRewards and non -allocation of funds due to the necessity to fund improvements to solid waste services in the operating budget for fiscal year 2015-2016; finding that the termination and issuance of certificates of obligation for solid waste services capital improvements are both necessary and prudent; directing that a copy of this ordinance be included with the adopted FY2015-2016 Operating Budget; and providing for severance. WHEREAS, the City and RecycleRewards entered into an incentive -based recycling program agreement approved by the City Council on October 12, 2010 (M2010-246), which agreement became effective on October 15, 2010, for a term of five years and five months, expiring on March 15, 2016; WHEREAS, the City Council finds that the benefits of the RecycleRewards program do not justify the fee established to fund said program; WHEREAS, the City Council finds that the RecycleRewards program is not operating in a manner likely to obviate the necessity of improvements to the City's landfill; therefore, the fee originally established to fund said program must be instead utilized for such landfill improvements; WHEREAS, necessary capital improvements to the City's solid waste services must be made and funded in the upcoming fiscal year 2015-2016 budget; WHEREAS, the funding of the capital improvements requires termination of the RecycleRewards agreement due to budget constrictions, and the City Council finds that the termination and requirement to issue certificates of obligation are both necessary and prudent due to circumstances necessitating the improvements; WHEREAS, the City Council determines it advisable not to allocate funds to continue the contract with RecycleRewards in the operating budget for fiscal year 2015-2016; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Council approves terminating the agreement with RecycleRewards, effective September 30, 2015, by a non -allocation of funds in the Operating Budget for fiscal year 2015-2016, by operation of law pursuant to paragraph 16.E. of the parties' agreement, which reads as follows: "By operation of Texas law, in the event that Municipality does not include payment of this contractual Agreement in any annual budget. Both parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to future appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination being within the sole discretion of the City Council at the time of adoption of each annual budget[;]" and further finds that the termination of the agreement and issuance of certificates of obligation to fund required solid waste capital improvements are both necessary and prudent due to circum- stances necessitating the improvements in FY2015-2016. SECTION 2. Based on the foregoing, the City Council determines it will not allocate funds to continue the contract with RecycleRewards in the Operating Budget for FY2015-2016. SECTION 3. The City Council directs that the substance of this ordinance be incorporated with the adopted Operating Budget for FY2015-2016. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, para- graphs, sentences, clauses and phrases of this ordinance are severable and, if any section, para- graph, sentence, clause, or phrase in this ordinance is declared unconstitutional or invalid by final judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid section, paragraph, sentence, clause, or phrase. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED on this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting of February 10, 2015 Second Reading for the City Council Meeting of February 17, 2015 DATE: January 22, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P. E., Executive Director of Public Works Valerieq@cctexas.com (361) 826-3729 CAPTION: Jerry Shoemaker, P. E., Acting Director of Capital Programs Jerrys2@cctexas.com (361) 826-3516 Lease Agreement CCRTA Temporary Bus Transfer Station Site Ordinance authorizing the City Manager or designee to execute a seven (7) month lease agreement with Corpus Christi Regional Transportation Authority for the use of property bounded by Leopard, Sam Rankin, Mestina and Josephine Streets, for a temporary bus transfer station. PURPOSE: The purpose of this agenda item is to execute a Lease Agreement with the Corpus Christi Regional Transportation Authority (CCRTA) to permit them to construct and operate a temporary bus transfer station on vacant City property located directly west of City Hall. BACKGROUND AND FINDINGS: In June 2015, CCRTA will begin demolition of the present South Staples Bus Transfer Station located directly east of City Hall. The demolition and reconstruction of the transfer station will be in conjunction with their new Staples Street Center building presently under construction. In order to continue bus transfer service in the area during this reconstruction phase, CCRTA has asked the City to use a portion of the vacant City property located west of City Hall as shown on the attached Location map. CCRTA will need to use this land for a temporary period of approximately seven (7) months beginning on June 1, 2015 and terminating on December 31, 2015, subject to extension on a month-to-month basis. The City and CCRTA have agreed to the terms and conditions stipulated in the attached Lease Agreement. CCRTA will also pay for and construct various improvements on the City's land such as area lighting fixtures, sidewalk extensions, signage, and a temporary shade/cover facility for bus passengers. CCRTA will also re -stripe traffic lanes on Leopard Street in order to accommodate the buses stopping at the designated bus stops. At the termination of the Lease Agreement, all temporary facilities shall be removed from the premises and the traffic lanes of Leopard Street will be re -striped to their original configuration, all at the sole cost of CCRTA. ALTERNATIVES: 1. Execute the Lease Agreement with CCRTA (recommended). 2. Do not execute the Lease Agreement with CCRTA (not recommended). CONFORMITY TO CITY POLICY: The Lease Agreement is authorized by City Charter Article X Section 1 (a) (9) and conforms to the City's policies for property leases. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget $0.00 $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $0.00 $0.00 $0.00 Future Anticipated Expenditures This Project $0.00 $0.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Not applicable RECOMMENDATION: City staff recommends passage of the Ordinance and approval of the Lease Agreement. LIST OF SUPPORTING DOCUMENTS: Certification of Funds Location Map Lease Agreement Ordinance Ordinance authorizing the City Manager or designee to execute a seven month lease agreement with Corpus Christi Regional Transportation Authority for the use of property bounded by Leopard, Sam Rankin, Mestina and Josephine Streets, for a temporary bus transfer station. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or his designee is authorized to execute a seven month lease agreement with Corpus Christi Regional Transportation Authority for the use of property bounded by Leopard, Sam Rankin, Mestina, and Josephine Streets, for a temporary bus transfer station. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas day of , by the following vote: Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas , by the following vote: Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the ATTEST: Rebecca Huerta City Secretary day of Nelda Martinez Mayor E ANIS` • _� ' - '"3• • ... f• • tori ^ t, 1 '•` i • ' p . ' • t � r Imo .� ' ,: . t -- ii•IIPi ^ 6 :.'a A air # iv.. iv CITY HALL 4 1., ,i1- • ..,ktr. •- A, ,t, - ,r -WI il ,. . . : V - i .a 0.90 AC - -•-- �� y ►tt ,.t - M E k l' .10 Ir r . MENT ARB► • < _ -*: LEASE AGRE RTA Temporary Bus Transfer Station LOCATION MAP NOT TO SCALE CITY COUNCIL EXHIBIT t:11 CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1OF1 LEASE AGREEMENT This Lease Agreement is made and entered into by CITY OF CORPUS CHRISTI, TEXAS, a Texas home -rule municipal corporation (the "CITY") and the REGIONAL TRANSPORTATION AUTHORITY, a metropolitan transit authority (the "RTA"). 1. PREMISES: The CITY, in consideration of the RTA's payment of $1.00 per month, and other good and valuable consideration including the performance of the covenants described herein, the receipt and sufficiency of which the City hereby acknowledges, leases to the RTA and authorizes it to utilize the following described land (the "Premises") for the purposes of establishing a temporary transfer location for the City Hall area while the Staples Street Station is undergoing reconstruction: The designated areas in that tract of land bounded by Leopard, Sam Rankin, Mestina, and Josephine Streets, known as Block 10 of the Jones Addition, Nueces County, Texas, depicted on Exhibit A attached and described by metes and bounds on Exhibit B. 2. TERM: The term of this Lease shall be for a period of seven (7) months commencing on June 1, 2015, and expiring on December 31, 2015, subject to extension on a month-to-month basis pending the completion of the RTA's Staples Street Transit Station. 3. PERMITTED USE: The Premises shall be used for the operation of a temporary bus transfer station by the RTA. 4. IMPROVEMENTS: The RTA will perform all work necessary to construct the temporary bus transfer improvements on the Premises. At least two weeks prior to any proposed construction at the Premises, the RTA will submit the proposed construction and traffic control plans to the Assistant City Manager for Public Works & Utilities, or his designee, for review and comment. The RTA further will re -stripe the traffic lanes on Leopard Street as depicted on Exhibit A in order to accommodate the buses stopping at the designated bus stops made part of the temporary transfer station. All such improvements shall be constructed at the sole cost and expense of the RTA. Upon the expiration of this Agreement, all temporary facilities shall be removed from the Premises and the traffic lanes of Leopard Street re -striped to their original configuration, all at sole cost and expense of the RTA. 5. MAINTENANCE: The RTA accepts the Premises in their present condition, AS IS and WITH ALL FAULTS. The RTA shall throughout the term of this Agreement take good care of the Premises, and shall be responsible for and shall perform, or cause to be performed, all maintenance, including custodial maintenance, and repair of the Premises and the temporary facilities located thereon. Upon the expiration of this Agreement, the Premises shall be returned to the City in the same condition as at the commencement of this Agreement, normal wear and tear excepted. 6. UTILITIES: The RTA shall be responsible for obtaining any water, sewer, electricity and gas service connections required for use on the Premises; and the RTA shall pay all utility connection charges related thereto. During the term of this Agreement, the RTA shall further pay when due all charges and costs for any utilities consumed on the Premises. The City acknowledges that RTA shall submit request to the electric utility provider for additional street lighting at or near the Premises. RTA shall be responsible for payment of electricity associated with any RTA -requested street lighting. 7. COMPLIANCE WITH LAWS: The RTA agrees to comply with all laws, ordinances, orders, rules, regulations and requirements of federal, state and local governments, and of all of their departments, applicable to the Premises, including obtaining applicable building permits. 8. LIENS: The RTA shall not permit any mechanics' and materialmen's or other liens to be fixed or placed against the Premises and agrees to immediately discharge (either by payment or by filing the necessary bond, or otherwise) any such liens which are allegedly fixed or placed against the Premises. 9. MODIFICATIONS: No changes or modifications to this Agreement shall be made, nor any provisions waived, unless in writing, signed by a person authorized to sign agreements on behalf of such party. 10. LEASE RELATIONSHIP: It is specifically agreed and understood by the parties hereto that a landlord -tenant relationship is created under the terms of this Lease. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of partnership or of joint venture between the parties. 11. NOTICES: Any notices or other communications relating to this Agreement shall be made in writing and may be given by (a) depositing same in the United States mail, postage prepaid, certified mail, with return receipt requested, addressed as set forth in this section, or (b) delivering the same to the party to be notified. Notice given in accordance with (a) hereof shall be effective upon deposit in the United States mail. The notice addresses of the parties hereto shall, until changed in the manner of giving notices as provided herein, be as follows: CITY: City of Corpus Christi Attn: Director of Capital Programs 1201 Leopard Street Corpus Christi, Texas 78401 RTA: Regional Transportation Authority Attn: CEO 5658 Bear Lane Corpus Christi, Texas 78405 11. INDEMNITY AND HOLD HARMLESS. Subject to the limitations of applicable law relating to Texas governmental entities, RTA agrees to indemnify, defend and hold harmless the City, its officers, employees, and agents against any and all liability, damage, loss, claims, demands, suits, and causes of action of any nature whatsoever on account of personal injuries, property loss or damage, or any other kind of damage, including all expenses of litigation, court costs, and attorney's fees, 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 RTA's performance under this Lease or RTA's or any of its agents', employees', contractors', subcontractors', officers', or invitees' use, operation, or occupancy of the Premises and any improvements on the Premises. RTA shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. 12. INSURANCE. The RTA will provide Certificate of Insurance naming the City as an additional insured. The RTA shall require any contractor at the Premises to provide a Certificate of Insurance naming the City as an additional insured on their General Liability and Auto Liability policies. 13. ENTIRE AGREEMENT: This written Agreement represents the entire agreement of the parties and may not be modified or amended except by written instrument signed by both the CITY and RTA. Executed in duplicate on this effective date of CITY OF CORPUS CHRISTI, TEXAS By: Name: Title: Date: Amami set brit 1,01 al, 1S Lisa Agu't Assistant _.ir;• -Ittorney For City . ttcrney , 2015. REGIONAL TRANSPORTATION AUTHORITY By: M. Scott Neeley, Date: EXHIBIT A x1vM3OlS OrfLISIX3 )IiVM3OS 03SOdOlfd °mOVOI SfB x LEOPARD STREET TEMPORARY BUS STAGING AREA PRELIMINARY SITE EXHBB T 45171Nalsinith Fw. Al c_ wt r... list. /4 ! Jtr Cyr d.% r... INC ()t)-Itd lrp0 n.s prawn a MD= rpt n[ a'&" : a KA. vtax n[ ,,;a or GANKI PrrIZ OhI1h0.014 Atnrn teff 10K MO rpt urr r.LI MORN_ bard, CA a.AN Iem p.5 i' 'in i';': 7. t': 4 Pr 3 ' "a rl 4 A paa t u s V 2 EXHIBIT B ij X a - -^ - £ JOSEPHINE AVENUE MO ROW) Kr ITE ,fl 1rr,rt Mw ny 1 Jo' I$ 4 Iq — — — -� 4 O a n e = gp E, R mg I ;5 Ng dol 1, n1° g lX01 88iigi y l tE v41 Ei Oil Erli gi ill 1 O z 0 0 120.37111O Inc SAM RANKIN AVENUE OH -SE ROW) oe • EXHIBIT OF A LEASE AGREEMENT AREA IN BLOCK 10 OF THE' JONES ADDITION TO CORPUS CHRISTI, TX VOLUME 3, PAGE 17, M.R., N.C., TX. NaismithEngineering,In AgocamR1RERER'.fR1ELRIam DtC Ti.isma o �f0 �M�M�1IM� Ctl11 =Ku* KO•Rif JIM 1tlI1•45KWOI ...OMR WI DOOKS 13101117, TO MU OMSK11MIS >Mmrnmwafa»® =KKK. TO MOO 1Mb wn M I is n1 101 TKO L!Kft iw M7I•ryc fico TKOR�00 LIMOS •e t17U fl t I. SKIT MIR iRaaaum 1111411.140. EXHIBIT "B" LEASE AGREEMENT AREA A LEASE AGREEMENT AREA COVERING ALL OF THE REMAINDERS OF LOTS 7, 8, 9, 10, 11 & 12, BLOCK 10 OF THE JONES ADDITION TO CORPUS CHRISTI, TEXAS AS RECORDED IN VOLUME 3, PAGE 17 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS AND BEING DESCRIBED MORE PARTICULARLY BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a concrete TXDOT monument marking the intersection of the Eastern right-of-way line of North Brownlee Boulevard and the Northern right-of-way line of Mestina Street; THENCE South 89°27'47" East 719.91' to a 1" iron pipe found marking the Northwestern corner of Lot 8, Block 1 of said Jones Addition to Corpus Christi, same point also being the intersection of the Eastem right-of-way of Josephine Avenue and the Northern right-of-way line of Mestina Street; THENCE North 00°32'13" East 210.00' with the Eastern right-of-way line of Josephine Avenue to a calculated point for the Southwestern corner of Lot 7, Block 10 of said Jones Addition to Corpus Christi and the POINT OF BEGINNING of the herein described Lease Agreement Area; THENCE North 00°32'13" East 140.00' with the Eastern right-of-way line of Josephine Avenue and the western line of said Lot 7 to a calculated point at the present Northwestern corner of Lot 7, Block 10 of said Jones Addition (10' previously taken from the Northern end of Block 10 for Leopard Street), said Northwestern corner also being the intersection of the Eastern right-of-way line of Josephine Avenue and the Southern right-of-way line of Leopard Street; THENCE South 89°27'47" East 300.00' with the Southern right-of-way Iine of Leopard Street and the Northern lines of Iots 7, 8, 9, 10, 11 and 12, Block 10 of said Jones Addition to a calculated point whence a 5/8" iron rod bears South 43'02'17" East a distance of 0.93', said calculated point being the Northeastern comer of Lot 12 and also being the intersection of the Southern right-of-way line of Leopard Street and the Western right-of-way line of Sam Rankin Avenue; THENCE South 00°32'13" West 120.60' with the Western right-of-way line of Sam Rankin Avenue and the Eastern line of lot 12 to a calculated point for the Southeastern corner of Lot 12; THENCE South 89°57'51" West 150.00' with the South lines of lots 12, 11 and 10 to a calculated point for the Southwestern corner of Lot 10, same point being in the Eastern line of Lot 9; THENCE South 00°32'13" West 17.90' with the Eastern line of Lot 9 to a calculated point for the Southeastern corner of Lot 9; 5:\8798 LEOPARD ANDJOSEPHINE\METES AND BOUNDS\LEOPARDAND JOSEPHINE MB 1-22-15,docx 1 DF 2 THENCE North 89°27'47" West 150.00' with the Southern lines of Lots 9, 8, and 7 to the POINT OF BEGINNING at the Southwestern comer of Lot 7 and containing within these metes and bounds 39,202.50 square feet or 0.90 acres of land. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83, AND ALL DISTANCES ARE IN US SURVEY FEET. THIS METES AND BOUNDS DESCRIPTION ACCOMPANIES A SEPARATE MAP EXHIBIT "A". Bill W 0- Y Barr Jr. itPLS Texas Registration No. 6314 Naismith Engineering, Inc. TBPE F#355 TBPLS#100395-00 Date ka s-- 5:8798 LEOPARD AND JOSEPHINE\METES AND BOUNDS\LEOPARD AND JOSEPHINE MB 1-22-15.dooc Cf 2 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 27, 2015 Second Reading for the City Council Meeting of February 24, 2015 DATE: TO: December 29, 2014 Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Acting Director StacieT@cctexas.com 361-826-3494 Fiesta de la Flor lease agreement CAPTION: Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau ("CCCVB") for 2015 Fiesta de la Flor event and related activities to be held on April 17, 2015 and April 18, 2015, and allow use of City property including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. PURPOSE: To approve date, location and consideration for the 2015 Fiesta de la Flor event and related activities April 17-18, 2015. BACKGROUND AND FINDINGS: The Corpus Christi Convention & Visitors Bureau (CC CVB) is in the process of organizing a signature event in Corpus Christi that will attract both locals and visitors. Fiesta de la Flor will be a two-day festival starting April 17 and April 18, 2015, honoring Corpus Christi star Selena Quintanilla-Perez. The CC CVB has been working closely with the Quintanilla family to bring this event to the community. The City of Corpus Christi and the CC CVB have a long-standing relationship in working together to showcase Corpus Christi and promote city assets. This event is expected to draw 50,000 visitors and an estimated $1 million economic impact. The festival location will be at Bayfront Park near the American Bank Center. ALTERNATIVES: Do not approve event agreement. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements in conjunction with public events. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount This item 0 0 BALANCE 0 0 Fund(s): General Comments: RECOMMENDATION: Staff recommends approval of agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with exhibits Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau ("CCCVB") for 2015 Fiesta de la Flor event and related activities to be held on April 17, 2015 and April 18, 2015, and allow use of City property including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau to conduct the 2015 Fiesta de la Flor event and related activities. The Agreement allows use of City property including the Bayfront park located along Shoreline Blvd. between Resaca Street and Power Street, and provides for CCCVB payment of costs for City services provided for the event. A copy of the Agreement is on file with the City Secretary. 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 Brian Rosas Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 1 of 17 LEASE AGREEMENT FOR FIESTA DE LA FLOR State of Texas § Know All By These Presents: County of Nueces § This short term Lease Agreement ("Lease Agreement") between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly designated City Manager, and the Corpus Christi Convention and Visitors Bureau. ("CCCVB"), a Texas non-profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A. City - means the City of Corpus Christi, a Texas home -rule municipality. B. City Attorney - means the City of Corpus Christi's City Attorney or designee. C. City Council — means the City Council of the City of Corpus Christi, Texas. D. City Manager - means the City of Corpus Christi's City Manager, or the City Manager's designee. E. City Secretary — means the City of Corpus Christi's City Secretary, or designee. F. CCCVB — means the Corpus Christi Convention and Visitors Bureau, a Texas non- profit corporation. G. CCCVB's Agent - means a duly authorized representative of the CCCVB. H. Corpus Christi - Nueces County Health District — means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. I. Event - means the Fiesta de la Flor events and related activities sponsored by the CCCVB, as described in Exhibit A. The Event dates are described in Exhibit B. J. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or designee. K. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. L. Parks Director - means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. Page 2 of 17 M. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or designee. N. Premises - means the City Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. O. Risk Manager - means the Director of the City of Corpus Christi's Risk Management Division, or designee. P. Solid Waste Director — means the Director of the City of Corpus Christi's Solid Waste Department. Q. Street Director — means the Director of the City of Corpus Christi's Street Operations. 2. TERM. This Lease Agreement takes effect upon execution by the City Manager. The CCCVB will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. PREMISES AND PERMITTED USES. City grants to the CCCVB the privilege of using the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street to conduct its Event. CCCVB agrees to contact SMG and also the South Texas Museum of Art to coordinate traffic plans around the Event locations. 4. PREMISES REVISIONS. Construction along Shoreline or other unforeseen circumstances may impact and change the Premises (Exhibit C) and other parts of this lease. If Exhibit C is revised, new Exhibit C will be executed by the City Manager and CCCVB Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit C. New Exhibit C becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM. The CCCVB's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. PLANNING MEETINGS. Two months prior to this year's Event the Parks Director, Director of Street Operations and Police Chief will meet with CCCVB representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, the Premises will be reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether Exhibit C needs to be revised by the Parks Director and CCCVB. If revised, new Exhibit C will follow process in §4 PREMISES REVISIONS. CCCVB's Agent may request additional meetings. 7. ADMISSION FEE. CCCVB may charge an admission fee. Special Events connected with CCCVB may charge another fee to help defray the cost of entertainment. Page 3 of 17 8. CCCVB'S FINANCIAL OBLIGATIONS. A. Permit Fees. The CCCVB must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one-time Parks and Recreation Large Special Event Permit fee of $400.00, Health Permit/Vendor Fees, Development Services Permit Fees, Traffic Engineering Street Closure Permit Fees and Firework Permit Fee. B. Costs of City Services. City agrees to provide the following services for actual City costs. The current estimate for these City services are provided: 1) Parks and Recreation. Rental of Bayfront Park - $11,000.00 2) Police. Security at Event on Friday: 12 officers and 1 supervisor for 6 hours = $4450; Security at Event on Saturday: 12 officers + 1 supervisor x 13 hours = $9640. Total estimate is $14,090. (This does not include security for afterhours, or money security for the Event). 3) Traffic Engineering. Road Closure ($400.00); Traffic Control plans ($250.00). The Parks Director will invoice the CCCVB for costs of all City services, including but not limited to, services provided for the Event by City Utilities Department, City Solid Waste Department, City Parks and Recreation Department, and City Police Department, and City Fire Department within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the CCCVB's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. CCCVB's failure to pay the undisputed charges on City's invoice within 30 days after submittal to CCCVB shall result in a late payment fee being assessed against CCCVB. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. C. Weather Considerations If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the CCCVB anticipated attendance levels, the City Manager is delegated the authority to adjust the billing of City's Costs. D. Deposit. The CCCVB must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pickup, removal of any structures, or repairs and damages to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the CCCVB within 30 days after the Event. Page 4 of 17 E. Reimbursement for Damages to City Property. During the course of the Event, damages may occur to City Property. This includes, but is not limited to, damages to the turf, landscaping, utility infrastructure, water and/irrigation lines and related equipment caused by acts or omissions of the CCCVB, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give the CCCVB an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the CCCVB for any additional cost of repair. 1. Repairs to Premises. Parks Director will provide the CCCVB's Agent a Punchlist of damages to the City Property authorized for the Event, as defined in §3 PREMISES AND PERMITTED USES, within seven (7) days after the CCCVB has vacated the property, following the conclusion of the Event. CCCVB will have the opportunity to restore all items on the Punchlist to original condition within ten (10) days after receipt of the Punchlist. For any turf or sod damage, the CCCVB must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If the CCCVB fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice the CCCVB for any additional costs. Damages to City property will be billed at the City's cost of repair. 2. Repairs to other City Property. Within 30 days after the conclusion of the Event, the City will provide the CCCVB's Agent an itemized invoice for cost of repairs and damages, if any, on any other City property for the Event. If Deposit is not utilized for repairs to the Premises, any balance will be applied to the itemized invoice amount for the Event. CCCVB will pay City's invoice for damages, within 30 days after City tenders the invoice to CCCVB's Agent, less any amount(s) the CCCVB has disputed. 9. GENERAL PERMITS. CCCVB shall obtain necessary permits from City Departments, as outlined below. A. Temporary Street Closure Permit.. The street closure process will govern any necessary street closures. CCCVB must provide the Street Director and Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure, in accordance with City Ordinance. All street closures on a temporary basis are subject to the requirements of City Code of Ordinances. B.Special Event Permit. CCCVB will obtain a Special Event Permits from the Parks & Recreation Department for use of Park property and to authorize water services on Park property, as specified in the City Code of Ordinances. C. Temporary Promotional Event Permit CCCVB will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, Page 5 of 17 food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the CCCVB to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. CCCVB may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. D. Vendor Permit. CCCVB must ensure all mobile food units and temporary food service establishments comply with all requirements of the Corpus Christi-Nueces County Health District for the sale of foods and the protection of the public welfare. CCCVB shall be responsible for payment of all City Health Permit /Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) E. Alcohol Vendors. CCCVB must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage CCCVB for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Corpus Christi - Nueces County Health District for the sale of foods and the protection of the public welfare. CCCVB shall be responsible for payment of all City Health Permit /Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in §16 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. F. Fireworks Permit. If Fireworks are being hosted, CCCVB must obtain Fireworks Permit from the Fire Department. G.Water Events. For any water events, CCCVB must obtain necessary permits from the United States Coast Guard. H. Additional Permits. CCCVB's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. I. Music and Movie Licenses. CCCVB is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music and display of movies at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS A. Barricades, Traffic Signs. The CCCVB must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access B. Parking. The CCCVB will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities Page 6 of 17 C. Signage and Advertising. CCCVB's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre -approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. D. Rest Rooms, Drinking Water and First Aid. The CCCVB must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A First Aid station must also be provided at each site throughout the duration of the Event and its related activities. E. Fence. CCCVB may provide a temporary six-foot (6') chain link fence, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit C may be revised to enlarge or decrease the fenced area in accordance with the CCCVB's needs upon Parks Director's concurrence, as outlined in § 4, PREMISES REVISIONS. F. Storm Water System Protection. CCCVB must install screens, approved by City's Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. CCCVB must remove the screens within the non-exclusive use period after the close of the Event. However, CCCVB must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City's Executive Director of Public Utilities. G. Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if CCCVB provides the Parks Director prior written assurances that CCCVB will remedy said damages in accordance with §8 CCCVBS FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H. Temporary Buildings. CCCVB must receive prior written approval from the Parks Director to place any Temporary Buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-exclusive use time period. I. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Capital Programs, provided however, that no approval will be given if the work will require subsequent repairs by the City. J. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or Page 7 of 17 signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 11. CLEAN UP. CCCVB is responsible for trash pickup at the Event. CCCVB must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. CCCVB may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the CCCVB and taken to a location designated by the CCCVB. CCCVB may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give CCCVB's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers for reimbursement by CCCVB shall be pay. 12. RIGHT OF CCCVB TO USE PUBLIC STREETS. CCCVB acknowledges that the control and use of Public Streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council and the compliance by CCCVB with the terms and conditions contained within this Lease Agreement. 13. EMERGENCY VEHICLE LANES. CCCVB must at all times maintain Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all obstructions. 14. SECURITY. CCCVB must provide uniformed Security Officers during the Event, and after the Event closes each night, until it opens the next day. CCCVB will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by CCCVB. Provided, however, the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "security officer" will include a licensed security guard as well as a sworn peace officer. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off-site crowd and traffic control for the Event as needed and include costs of police officers in the costs, §8 CCCVBS FINANCIAL OBLIGATIONS, above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 15. SAFETY HAZARDS. The CCCVB, upon written notice of identified Safety Hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards. Page 8 of 17 16. INSURANCE. CCCVB agrees to comply with attached insurance Exhibit D. In addition, CCCVB's Agent must furnish to the Risk Manager, Commercial General Liability Insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 per occurrence for personal injury, death and property damage. CCCVB is required to provide a $1,000,000 Combined Single Limit Automobile Liability Policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least two weeks prior to each Event. CCCVB must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the CCCVB's Events on Premises then Liquor Liability Insurance in the amount of $1,000,000 per occurrence must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. CCCVB must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period each year. CCCVB must require all volunteers to sign an accident waiver form that CCCVB must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, CCCVB must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, CCCVB must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non -renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to CCCVB. 17. INDEMNITY. CCCVB shall indemnify and hold City, its officers, agents and employees ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of CCCVB or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ("Indemnitors") entering upon City property to set-up and take-down, hold, attend, or participate in the Fiesta de la Flor event and associated activities, with the expressed or implied invitation or permission of CCCVB, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitors under this Agreement. Page 9 of 17 These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. CCCVB covenants and agrees that if City is made a party to any litigation against CCCVB or in any litigation commenced by any party, other than CCCVB relating to this CCCVB Lease Agreement, CCCVB shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. NOTICE. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 880-3461 FAX (361) 880-3864 If to CCCVB: Event Manager Corpus Christi CCCVB 101 N. Shoreline Blvd. Suite 430 Corpus Christi, TX 78401 (361)881-1888 FAX (361)888-4998 19. ASSIGNMENT. CCCVB may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 20. BREACH, TERMINATION. Any failure on the part of CCCVB to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by CCCVB entitles City to terminate this Lease Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by CCCVB is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by CCCVB and the sums inure to the benefit of City as a set-off against any debt or liability of CCCVB to City otherwise accrued by breach hereof. 21. NOT PARTNERSHIP OR JOINT VENTURE. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from CCCVB by the City are compensation for provision of City services as described herein and for the right of CCCVB to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. The CCCVB recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after Page 10 of 17 the close of any fiscal year of the City, which fiscal year ends on September 30 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 23. COMPLIANCE WITH LAWS. CCCVB must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at CCCVB's sole expense and cost. 24. NON-DISCRIMINATION. CCCVB warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 25. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and CCCVB for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to CCCVB's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on , 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Approved as to form: By: Lisa Aguilar, Assistant City Attorney For the City Attorney Page 11 of 17 CORPUS CHRISTI CONVENTION AND VISITORS BUREAU By: Name: Paulette Kluge Title: CEO Date: 1/15/15 Page 12 of 17 EXHIBIT A Description of the Fiesta de la Flor event and related activities Fiesta de la Flor will kick off on Friday, April 17, 2015 with music entertainment and a screening of the movie Selena on the big, inflatable screen of the Alamo Drafthouse Rolling Roadshow. The festival will continue on Saturday, April 18, with non-stop entertainment featuring some of the best Tejano bands along with other local and regional acts. The festival also will feature a Kids Zone filled with activities and games, food trucks from approved vendors, artisan vendors and a fireworks show at the end of the night. Page 13 of 17 EXHIBIT B Dates of Event: Friday April 17, 2015 and Saturday April 18, 2015 Set up : Thursday April 16, 2015 Take down: Sunday April 19, 2015 EXHIBIT C Depiction of the Premises for the Event LSI Page 14 of 17 91-(E q 9 '8L L HCV 1uen3 a inWeu6iS gs!JN3 sndao3 v Jo ep Tsai 0 Page 15 of 17 EXHIBIT D INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee (CCCVB) must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. 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 be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and Dismemberment $$5,000 for Medical LIQUOR LIABILITY $1,000,000 Per Occurrence Page 16 of 17 PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. 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 Certificate of Insurance to City at the address provided below within 10 days of any change made by the Lessee or as requested by the City. Lessee shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 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: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed 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; Page 17 of 17 • 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, cancellation, non -renewal, material change or termination 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 cancellation, non -renewal, material change or termination 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 to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee 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 performance of the work covered under this contract. 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 contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2014 Insurance Requirements Parks and Recreation Dept. Fiesta De La Flor Event 12/29/2014 ds Risk Management AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 27, 2015 Second Reading Ordinance for the City Council Meeting of February 24, 2015 DATE: TO: January 2, 2015 Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Acting Director StacieT@cctexas.com 361-826-3460 Lease Agreement with Corpus Christi Hispanic Chamber of Commerce for Tex Mex Railroad Depot CAPTION: Ordinance authorizing the City Manager or designee to execute a five year lease agreement with Corpus Christi Hispanic Chamber of Commerce for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of improvements to premises and rental payments of $450 per month beginning month 37 increased to $900 per month beginning month 49. PURPOSE: Lease the Tex Mex Railroad Depot to the Corpus Christi Hispanic Chamber of Commerce for office space for its operations. BACKGROUND AND FINDINGS: The Corpus Christi Hispanic Chamber of Commerce (CCHCC) has requested a lease with the City of Corpus Christi for the vacant Tex Mex Railroad Depot at the corner of N. Chaparral St and Hirsch St. The CCHC is planning to rehabilitate the building prior to occupancy. This is a five year lease. The lease payments for the first 36 months (three years) will be waived in lieu of repairs made to the building; payments for months 37-48 (4th year) will be $450; payments for months 49-60 (5th year) will be $900. 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: ❑ Operating XRevenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years (2018-2020) TOTALS Line Item Budget 0 0 0 Encumbered / Expended Amount 0 0 0 This item 0 ($16,200) ($16,200) BALANCE 0 ($16,200) ($16,200) Fund(s): Visitor's Facility Fund 4710 Comments: No lease payments for the first 36 months in lieu of repairs; discounted 50% ($450) for months 37-48 of lease. Full lease payments ($900) for months 49-60 of lease. RECOMMENDATION: Staff recommends that the Council approve the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement with Exhibits Ordinance authorizing the City Manager or designee to execute a five year lease agreement with Corpus Christi Hispanic Chamber of Commerce for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of improvements to premises and rental payments of $450 per month beginning month 37 increased to $900 per month beginning month 49. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or his designee is authorized to execute a five year lease agreement with the Corpus Christi Hispanic Chamber of Commerce for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of improvements to premises and rental payments of $450 per month beginning month 37 increased to $900 per month beginning month 49. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas day of , by the following vote: Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas , by the following vote: Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the ATTEST: Rebecca Huerta City Secretary day of Nelda Martinez Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI HISPANIC CHAMBER OF COMMERCE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES 1 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 Hispanic Chamber of Commerce ("Lessee"). WHEREAS, the City is the owner of real property known as the Tex Mex Railroad Depot located at 1823 Chaparral, Corpus Christi 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 Hispanic Chamber of Commerce, upon the conditions and covenants contained in this Lease; and, WHEREAS, City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 1 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 Hispanic Chamber of Commerce. (H) Parks means the City's Park and Recreation Department. z (I) Premises means the Tex Mex Railroad Depot located at 1823 Chaparral, Corpus Christi Texas, together with all improvements thereon. (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 for office space for its business operations. 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 , effective upon final City Council approval, unless sooner terminated as set out herein. Lessor agrees Lessee may, after occupying Premises for not more than six months, terminate this Lease and vacate the Premises if conditions at Premises are unsuitable for purposes of Lessee. 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 LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, 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 LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY 3 LESSOR 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 5. Lease Payments. (A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, on a monthly basis, nine hundred dollars per month. (B) In lieu of the monthly rental fee for the first 36 months, Lessee agrees to make the repairs to the premises listed in Exhibit "A", "the Improvements". The monthly rental fee will be discounted $450 monthly for months 37 to 48 for Lessee's continued repairs to the premise. (C) 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. O. Box 9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 6. Construction of Improvements. Prior to commencing any work at the Premises, Lessee shall coordinate with the Director of Parks and Recreation to verify that Lessee has sufficient funds on hand to complete the Improvements. When constructing the Improvements, Lessee shall ensure that the plans and specifications shall be prepared by state -licensed architects or engineers. All proposals, contracts, evidence of contractor insurance coverages and City building and construction permits shall be presented to the City Director of Capital Programs and City Director of Parks and Recreation prior to construction. The plans and specifications are subject to prior written approval of the City Director of Capital Programs and City Director of Parks and Recreation. Lessee shall require the contractors who are awarded contracts for construction of the Improvements to furnish the following bonds by surety companies authorized to do business in Texas: Payment Bond — A payment bon din the amount of One Hundred Percent of the contract shall be furnished for the protection of all persons, firms, and corporations who may furnish materials or perform labor. The payment bond shall be made with City as 4 an obligee. However, this requirement does not apply if the amount of the construction contract is $25,000 or less. Performance Bond. A performance bond in the amount of One Hundred Percent of the contract shall be furnished covering the faithful performance of the contract. The performance bond shall be made with City as an obligee. However, this requirement does not apply if the amount of the construction contract is $100,000 or less. Lessee shall include in all construction contracts for the Improvements, in large, bold face text: "Contractor does hereby agree to release, indemnify, defend and hold harmless City of Corpus Christi, and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of contractor, its officers, agents, employees, subcontractors, invitees or any other person arising out of or in connection with the performance of the construction contract, and contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi from any and all such claims and demands." Lessee shall also require the contractors in all construction agreements for the Improvements to furnish insurance in such amounts as specified in Exhibit B. Lessee agrees that the Director of Capital Programs or designee, as well as the Director of Parks and Recreation or designee, will make visits to the Premises at intervals appropriate to the various stages of construction, as they deem necessary. Lessee agrees that the Director of Capital Programs or designee will have the authority to reject Work believed to be defective. Lessee agrees to promptly correct all defective work. Lessee agrees that all work performed shall be done in full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations, including but not limited to the Americans with Disabilities Act and the Americans with Disabilities Act Accessibility Guidelines and such work shall be subject to City inspection during the performance thereof and after it is completed. Lessee shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Lessee as such obligations mature. Lessee expressly agrees that it will neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the CITY's property or upon any Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to 5 develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the CITY's property or the Improvements thereon, and Lessee will discharge any such lien within thirty (30) days after notice of filing thereof. Lessee shall conduct its operations under this Agreement in an orderly and proper manner, considering the nature of such operation, so as not to unreasonably annoy, disturb, or endanger others. Lessee agrees that the Improvements listed in Exhibit A shall be completed within six (6) months from date of this Agreement. The complete cost of developing all necessary plans and specifications, as provided in this Agreement, and the cost of construction of the Improvements shall be borne solely by the Lessee at no expense to the City whatsoever. Lessee shall pay all taxes, special assessments, or levies, if any, assessed against the Premises or Improvements. Upon completion of the Improvements, Lessee shall donate them to the City upon acceptance by the City Director of Parks and recreation. Any warranties given to Lessee regarding the Improvements shall be transferred and assigned to the Ctiy at the same time as the Improvements are accepted by the City. Section 7. Utilities. (A) The Premises is wired for telephone service; however, Lessee shall contract separately with a telephone service provider of Lessee's choice for the provision of active telephone service, which service is to be incurred at Lessee's sole expense. (B) The Premises is wired for electrical service and has a separate electric meter. Lessee shall contract for electric service to the Premises. Lessee shall bear the cost of all electricity used at the Premises for the term of this Lease. (C Water and sewage service is available at the Premises. Lessee shall bear the cost of all water and sewage service by the City. (D) 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. (E) Lessee shall pay for all utilities related to usage of Premises prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. 6 Section 8. 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 9. Maintenance. During the term of this Lease, Lessee will maintain, at its sole expense, the Facilities and any Improvements on the Property, including without limitation all fixtures connected therewith, and all personal property thereon. Lessee shall obtain, at its own expense, all building permits, all utility services, garbage collection, janitorial services, and similar services. Section 10. 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 construction to the premises, such as installation of plumbing fixtures, remains the property of the City. Section 11. City Use. 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. Section 12. Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that purpose of 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 related to its operations. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements. 7 Section 13. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and 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 14. 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 15. 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 Exhibit "B", which is incorporated in this Lease by reference. (B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. Lessee agrees to notify Lessor of any substantive change to its insurance coverage. (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. 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 reasonably necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. (D) In the event of any necessary increase, Lessee shall receive ninety (90) days written notice prior to the effective date of the requirement to obtain increased coverage. 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. (E) 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 19(a), as contained herein. (F) The City carries the property and flood insurance on the building. Lessee is responsible for insuring its own contents. 8 Section 16. 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 party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with 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. Such indemnity provisions contained in this Section 16 herein apply to the extent insurance (as approved by City in Section 15) may apply for protection of the City and Lessee. Section 17. Alterations. (A) Lessee agrees not to harm the Premises beyond normal wear and tear. B) All alterations, improvements, and additions made by the Lessee upon said Premises, which are permanent in nature, even if made at Lessee's own 9 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. Section 18. 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 19. 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. 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. Written consent or approval shall not be unreasonably withheld by Lessor. Section 20. Default. (A) The following constitute Events of Default under this Lease: (i) 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 that this Lease terminates upon the date specified in the notice, which date will be no earlier than thirty (30) days after the giving of such notice. 10 Section 21. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. Section 22. 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: (i) 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: City of Corpus Christi Park and Recreation Department P. O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Director of Park and Recreation (D) IF TO LESSEE: Corpus Christi Hispanic Chamber of Commerce P.O. Box 5523 Corpus Christi, TX 78401 Attn: 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 23. Nondiscrimination. Lessee covenants and agrees that it shall not unreasonably 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. 11 Section 24. 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 25. 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. Section 26. 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 27. 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 28. 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 28. 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. 12 Section 29. Casualty. If the Premises become damaged due to weather event, fire, or other natural or man- made disaster, such that the Premises are not deemed safe for occupation by the City Building Official, and repairs are not completed within 30 days of the event of disaster, then either party may terminate this lease upon 30 days written notice to the other party, without penalty. Section 30. 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 31. 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 32. 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 13 possible and be legal, valid and enforceable, will be added to this Lease automatically by the Court construing such clause or provision to be invalid. EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of , 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager LESSEE: CORPUS CHRI HISPANIC CHAMBER OF COMMERCE By: Name: l Q.rQ�.G r r }\L1df..�Q. Title: 1 LS ', Date: O\ 71 %, IS APPROVED AS TO LEGAL FORM this day of 2014. By: Lisa Aguilar Assistant City Attorney for City Attorney LNV engineers architects contractors Exhibit A Solutions Today with a Vision for Tomorrow PROPOSAL Date: December 26, 2014 Email / Fax: trodriguez@cchispanicchamber.org To: Corpus Christi Hispanic Chamber of Commerce Project: Railroad Depot Building Remodel LNV, Inc. is please to provide the following proposal: Scope of Work: Supply all labor, materials, equipment and insurance required to: • Siding replacement - $ 10,000 • Flooring refinishing - $ 4,500 • Internal Finish out - $ 45,000 • HVAC ductwork - $ 4,500 • Electrical work for internal finish out - 6,500 • Install new tile in restrooms - $ 4,500 • Estimated Construction schedule for completion will be approx. 150 calendar days TOTAL: $ 75,000.00 Respectfully Submitted LNV, Inc. Chris Martin Vice President of Construction cmartin@Invinc.com This proposal is void if not accepted in writing within 45 days after the date first noted above. However, when executed by both parties, it shall become the contract for the services described above. Date: Signed by Authorized Representative 801 NAVIGATION 1 SUITE 300 1 CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM EXHIBIT B INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this contract until all insurance required has been obtained _and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. 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 be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION All states endorsement required if Lessee is not domiciled in State of Texas. EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. 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 Certificate of Insurance to City at the address provided below within 10 days of any change made by the Lessee or as requested by the City. Lessee shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 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: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed 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, cancellation, non -renewal, material change or termination 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 cancellation, non -renewal, material change or termination 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 to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee 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 performance of the work covered under this contract. 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 contract. I It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2014 Insurance Requirements Parks and Recreation Dept. Corpus Christi Hispanic Chamber Lease Agreement 12/30/14 ds Risk Management AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 10, 2015 Second Reading for the City Council Meeting of March 24, 2015 DATE: February 16, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Closing a portion of a utility easement out of a part of Lot 32A, Block 16, Rancho Vista Subdivision Unit 8 CAPTION: Ordinance abandoning and vacating a 925 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 32A, Block 16, Rancho Vista Subdivision Unit 8, located east of and at the dead-end of the Lands End Drive public street right-of-way; and requiring the owner, Yorktown Oso Joint Venture, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for the future development of the Rancho Vista Unit 12 Subdivision. BACKGROUND AND FINDINGS: Yorktown Oso Joint Venture (Owner) is requesting the abandonment and vacation of a 925 - square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 32A, Block 16, Rancho Vista Subdivision Unit 8, located east of and at the dead-end of the Lands End Drive public street right-of-way. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with the future development of the Rancho Vista Unit 12 Subdivision. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Section 49-13. The Owner will be replatting said property and upon replatting will be dedicating a utility easement to off -set the requested abandonment. The owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities, or objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. e. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a 925 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 32A, Block 16, Rancho Vista Subdivision Unit 8, located east of and at the dead- end of the Lands End Drive public street right-of-way; and requiring the owner, Yorktown Oso Joint Venture, to comply with the specified conditions. WHEREAS, Yorktown Oso Joint Venture (Owner) is requesting the abandonment and vacation of a 925 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 32A, Block 16, Rancho Vista Subdivision Unit 8; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 925 -square foot portion of an existing 10 -foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Yorktown Oso Joint Venture ("Owner"), a 925 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 32A, Block 16, Rancho Vista Subdivision Unit 8, located east of and at the dead-end of the Lands End Drive public street right-of-way, as recorded in Volume 68, Pages 17-18, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. e. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor ill RBAN ENGINEERING Exhibit A 0.021 Acres STATE OF TEXAS COUNTY OF NUECES Job No. 39319.B4.07 January 10th, 2015 Fieldnotes, for a 0.021 Acre Tract, 10.00 foot wide utility easement closure (not based on an on -the -ground survey), more or Tess, out of Lot 32A, Block 16, Rancho Vista Unit 8, a map of which is recorded in Volume 68, Pages 17-18, Map Records of Nueces County, Texas; said 0.021 Acre Tract being more fully described by metes and bounds as follows: Commencing, at a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR C.C. TX" found, on the South Right -of - Way of Lands End Drive, a public roadway, the West corner of the said Lot 32A; Thence, South 61°17'28" East, with the Southwest line of the said Lot 32A, 10.00 feet, to the Point of Beginning and the West corner of this tract; Thence, North 28°42'32" East, 10.00 feet, for the North corner of this tract; Thence, South 61°1728" East, 92.50 feet, for the East corner of this tract; Thence, South 28°42'32" West, 10.00 feet, to the Southwest line of the said Lot 32A and for the South corner of this tract; Thence, North 61°17'28" West, with the Southwest line of the said Lot 32A, 92.50 feet, to the Point of Beginning, containing 0.021 acres (925 Square Feet) of land, more or less. Bearings are based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. This description was prepared from fieldwork performed in June of 2013 and does not represent a current on the ground survey. Also reference accompanying sketch of tract described herein. S:\Surveying\39319\B407\OFFICE\METES AND BOUNDS\FN_0.021 Acres.doc Page 1 of 1 (361)854-3101 URBAN ENGINEERI G 144 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng,com TBPE Firm #145 TBPLS Firm #10032400 Dan L. Urban, R.P.L.S. License No. 4710 FAX (361)854-6001 Corpus Christi, Texas Calale ANy_ee \ 51 0, St De Genal/ 0 Yorktown Boulevard O 0 Location Map N.T.S. Lot 30 Block 16 Rancho Vista Unit 8 Vol. 68, Pgs. 17-18, Map Records of Nueces County, Texas Lot 31 / / / / / / / / / / / / Lot 61 Point of Commencement( 7 Point of Beginning/ 1C-/0 Legend: • Fd. 5/8" I.R. with red plastic cap stamped "URBAN ENGR. C.C. TX" Vff °j'a (Df R6'cor li°/ ,�c/3/ • S S.O. ds 9, ro/ ec f o p9s F°r 00 4(eces1/ 43 °aS CoGn� °X) (let) Tr t8l, °cls LINE BEARING DISTANCE L1 S61'17'28`E 10.00' L2 N28'42'32 -E 10.00' L3 S28'42'32'W 10.00' 45 30 15 30 Lot 59 Lot 59 400,46;3! aO2e \bye loft Exhibit B Sketch to Accompany 60 FIELDNOTES for 0.021 Acres, 10.00 foot wide utility easement closure (not based on an on—the—ground survey), more or less, out of Lot 32A, Block 16, Rancho Vista Unit 8, a map of which is recorded in Volume 68, Pages 17-18, Map Records of Nueces County, Texas. =30 gO • URBAN ENGINEERING 1BPE rr+w 140. 145. MKS 111111 1,10. 10032400 1715 SWANTfER 00. CORPUS *en. TX 70404 MINE 301.0.14.3101 Wit 1A1lAtCM C011 DATE Dec. 10, 2014 SCALE 1'-30' JOB NO.: 39319.84.07 SHEET: 1 of 1 DRAWN BY: RLG urbansurveylCurbaneng.com 02015 by Urban En ineerin AGENDA MEMORANDUM First Reading Item for the City Council Meeting of March 10, 2015 Second Reading Item for the City Council Meeting of March 24, 2015 DATE: TO: Ronald L. Olson, City Manager February 3, 2015 THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Contract City of Corpus Christi Regional Water Supply Strategic Sustainability Plan CAPTION: Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 to add Project No. E14001 City of Corpus Christi Regional Water Supply Strategic Sustainability Plan; transferring and appropriating $572,365 from the Unreserved Fund Balance in No. 4041 Raw Water Supply Development Fund to and appropriating in the No. 4080 Water CIP Fund for the City of Corpus Christi Regional Water Supply Strategic Sustainability Plan; and authorizing the City Manager or designee to execute a Professional Services Agreement in the amount of $539,967 with CH2M Hill Engineers, Inc., a Delaware Corporation with a branch office in Corpus Christi, Texas for the City of Corpus Christi Regional Water Supply Strategic Sustainability Plan for technical, public outreach, strategic planning and associated services. PURPOSE: The purpose of this agenda item is to obtain authority to execute the CH2M Hill contract for the City of Corpus Christi Regional Water Supply Strategic Sustainability Plan. BACKGROUND AND FINDINGS: The objective of this project is to develop a City of Corpus Christi Regional Water Supply Sustainability Plan (Plan) that identifies, develops and optimizes the sustainment and implementation of firm safe yield water supply resources in advance of Region water demands. The deliverable of this Plan will be a recommended Business Plan addressing the acquisition delivery of Regional water supply resources in response to City Council Resolution No. 030200 directive. 1. This Plan provides a suite of planning assumptions and decision making criteria, comparison metrics and process tools for on-going and future PLAN implementation sustainability; 2. This Plan provides enhanced screening tools that account for current and future municipal and industrial water demand and supply projections that develop water supply portfolios for future PLAN acquisition by using the current City Water Availability Model; 3. This Plan simulates individual potential water supply acquisitions that increase and diversify water supply reliability with attention given to increase in yield reduction in costs and meet other PLAN decision and governance criteria; and 4. This Plan develops a diverse portfolio of water supply projects (next, best three to five projects) water supply acquisition strategies that account for future demands and increased drought resiliency through diversity of source. Portfolio selection also considers yield potential, development schedule, fixed and variable costs, regulatory and permitting requirements, system enhancement opportunities, and project risks and benefits. The basic services of Project Orientation, Water Demand, Supply and Reliability Index, Water Supply Acquisition Selection Criteria and Project Portfolios, Economic Policies for Rate Model Criteria, and Governance Policy and Criteria are supposed to be accomplished in nine (9) months after the City's Notice to Proceed. When complete, the Plan will articulate City strategies for future regional water supply implementation in concert with and in support of the State of Texas Water Plan. Decision Making criteria and guidelines for Policy development will enable the City to make current and future sustainable water resource supply acquisition decisions. CH2M Hill Engineers, Inc. was selected as the A/E Consultant for this project through RFQ No. 2014-01 on May 20, 2014. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $572,365.00 $572,365.00 Encumbered / Expended Amount This Item $539,967.00 $539,967.00 Future Anticipated Expenditures This Project $32,398.00 $32,398.00 BALANCE $0.00 $0.00 Fund(s): Water CIP Comments: Basic services described above are estimated to be completed within 9 months with additional time for public and City Council review of the Plan. The amendment will result in the expenditure of an amount not to exceed $539,967. RECOMMENDATION: City Staff recommends approval of the Ordinance as proposed. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 to add Project No. E14001 City of Corpus Christi Regional Water Supply Strategic Sustainability Plan; transferring and appropriating $572,365 from the Unreserved Fund Balance in No. 4041 Raw Water Supply Development Fund to and appropriating in the No. 4080 Water CIP Fund for the City of Corpus Christi Regional Water Supply Strategic Sustainability Plan; and authorizing the City Manager or designee to execute a Professional Services Agreement in the amount of $539,967 with CH2M Hill Engineers, Inc., a Delaware Corporation with a branch office in Corpus Christi, Texas for the City of Corpus Christi Regional Water Supply Strategic Sustainability Plan for technical, public outreach, strategic planning and associated services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is amended to add the City of Corpus Christi Regional Water Supply Strategic Sustainability Plan Project No. E14001 to the Water Capital Improvement Program Budget. SECTION 2. An amount of $572,365 from the Unreserved Fund Balance in No. 4041 Raw Water Supply Development Fund is appropriated and transferred and appropriating into the No. 4080 Water CIP Fund for the Corpus Christi Regional Water Supply Strategic Sustainability Plan. SECTION 3. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is changed to increase revenues and expenditures in the amount of $572,365. SECTION 4. The City Manager, or designee, is authorized to execute an engineering contract in the amount of $539,967 with CH2M Hill Engineers, Inc. a Delaware Corporation with a branch Office in Corpus Christi for technical, public outreach, strategic planning and associated services as part of the City of Corpus Christi Regional Water Supply Strategic Sustainability Plan. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED on this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET CITY OF CORPUS CHRISTI REGIONAL WATER SUPPLY STRATEGIC SUSTAINABILITY PLAN FUNDS AVAILABLE: Raw Water Supply Development Fund $572,365 FUNDS REQUIRED: Engineer Fees: Engineer (CH2M Hill Engineers, Inc.) $539,967 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $13,499 Engineering Services (Project Mgmt) $16,199 Misc $2,700 TOTAL $572,365 PROJECT BUDGET BALANCE $0 Note: City -Wide Project PROJECT # E14001 LOCATION MAP NOT TO SCALE City of Corpus Christi Regional Water Supply Strategic Sustainability Plan CITY COUNCIL EXHIBIT 040,4 CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1 OF 1 Corpus Chr sti Capital Programs City of Corpus Christi Water Governance, Policies, and Analytic Tools Council Presentation March 10, 2015 Project Background Corpus Chr sti Capital Programs City Council enacted Resolution 030200 on June 10, 2014 Established Water Management Plan through 2050 - Demand projections - Water conservation goals - Diverse portfolio of water supply options and general schedule Directed staff to develop Water Strategic Reliability Plan — "Playbook" for implementation — Template for additional water supply evaluations — Tool to integrate on-going desalination and reuse projects with additional supply options — Bridge between annual budget planning and 50 - year plan 199 Project Background Corpus Chr'sti Capital Programs Supply and Demand Projections from Resolution 030200 300 2016 7 - 42 thousand acre-feet 195 237 25 2010 2015 2020 2025 Years 236 36 2030 2040 219 234 45 2050 Surface Water Industrial Reuse Desal —•—Demand Adjusted for Conservation Project Scope: Analytic Tools Corpus Chr sti Capital Programs Demand Analytics — Actual demands by customer type, projected demands and new customer analysis: compiled data into one tool Supply Evaluation Criteria — Analytic tool for "what if" analysis; template for individual project information; uses existing data when available & easily updated 4 Project Scope: Policies and Governance Corpus Chr sti Capital Programs ,ofCorpu=C,d=ri Volume Rates Per 1.000 Gallons •San Antonio Souln Central Texas Region Laredo. Rio Grande Economic Policies and Rates - Cost allocation approach, capital recovery, contracts: establishes transparent and consistent rate policies Governance Policies — Guiding principals; partnerships; procurement / acquisition policies 5 Project Budget Corpus Chr sti Capital Programs FUNDS AVAILABLE: Raw Water Supply Development Fund $572,365 FUNDS REQUIRED: Demand Analytics $120,661 Supply Evaluation Criteria 11 $217,372 Economic Policies and Rates $65,935 Additional Services $65,000 En:ineer total CH2M HILL En:ineers Inc. $539,967 Reimbursements $32,398 TOTAL $572,365 Project Schedule Corpus Chr sti Capital Programs 1 Task Name 2015 2016 Project Orientation r -Demand Supply Economic Policies and Rates Governance Policies 6 Draft Plan Outreach 7 Draft Plan Presentation to City Council 8 Final Plan and City Council Adoption M A M J J A s 0 N D J F M A M J J A s CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Executive Director of Public Works) and CH2M Hill Engineers, Inc., a Delaware corporation, 9193 South Jamaica Street, Suite 400, Englewood, Colorado, 80112 (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT City of Corpus Christi Regional Water Supply Strategic Sustainability Plan (Project No. E14001) - The scope of this project includes technical services, public outreach, strategic planning and associated services as more fully described in Exhibit "A." 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform services necessary to prepare technical evaluations, analytic tools, summary documents and associated services. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Executive Director of Public Works. A/E services will be performed with the standard of care applicable to A/E's services using the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time A/E's services are performed. A/E will promptly re -perform any services not meeting this standard without additional compensation. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Executive Director of Public Works. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Executive Director of Public Works. The anticipated schedule for Basic Services is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Executive Director of Public Works. The Executive Director of Public Works may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Page 1 of 4 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $539.967.00 (Five Hundred Thirty -Nine Thousand Nine Hundred Sixty -Seven Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The City waived this policy for Project Number E14001 and all work performed pursuant to this contract. 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Executive Director of Public Works. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. Page 2 of 4 10. STANDARD OF CARE The standard of care applicable to A/E's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time A/E's services are performed. A/E will promptly re -perform any services not meeting this standard without additional compensation. 11. NO THIRD PARTY BENEFICIARIES This Contract gives no rights or benefits to anyone other than City and A/E and has no third party beneficiaries. 12. FORCE MAJEURE Force Majeure is defined as an extraordinary event beyond the control of the parties, such as a war, riot, or act of God that prevents one or both parties from fulfilling their obligations under this contract. If performance of the services is affected by force majeure, project schedule may be adjusted upon written agreement of the parties. 13. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form, CITY OF CORPUS CHRISTI CH ILL Director, Capital Programs Date RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney for City Attorney Date Edward Motley, P. Vice President 12750 Merit Drive, Suite 1100 Dallas, Texas 75251 (972) 663-2237 Office Page 3 of 4 APPROVED Office of Management and Budget ATTEST Date Rebecca Huerta, City Secretary Project No.E14001 Accounting Unit: 4080-072 Account: 550950 Activity: E14001014080EXP Account Category: 50950 Fund Name: Water CIP Page 4 of 4 FEBRUARY 4, 2015 Exhibit "A" City of Corpus Christi Regional Water Supply Strategic Sustainability Plan Project Number: E14001 Project Background, Purpose and Objectives Water Supply Strategic Plan Objective: On June 17, 2014, the City Council of the City of Corpus Christi passed Resolution No. 030200 with a stated objective: "That the Water Management Plan 2015-2050 will continually integrate water management strategies of surface, reuse, conservation, aquifer storage, and desalination to sustain the economic prosperity of the Coastal Bend Region." By resolution, City Council directed completion of the Water Supply Strategic Plan (PLAN) along with addition of new, diversified water supplies in 20,000 acre-foot increments every 5 to 10 years (with the exception of desalination supply). Objective Criteria: • The PLAN is reliable - Regional water supply availability always exceeds demand. • The PLAN is diverse — Regional water supply planning portfolio includes surface, reuse, groundwater, conservation, aquifer storage and recovery, desalination and inter/intra-regional strategies. • The PLAN is responsible —Water supply alert mechanism by reliability index is established to direct the City's water business at 5 year increments. • The PLAN is feasible — Future Regional water supply acquisitions are fiscally achievable and stable. • The PLAN is equitable — Water supply rates advance Regional equity and parity to current and future customers. • The PLAN is consistent — Regional water supply acquisition policies and decision criteria provide ongoing, sustainable future decision metrics beyond 2050. • The PLAN is understood — Regional water supply acquisition communication promotes regional understanding and endorsement. Water Supply Strategic Business Plan Purpose: CH2M HILL Engineers, Inc. (Consultant) shall develop a Water Supply Strategic Business Plan (PLAN) for the City of Corpus Christi (City). The deliverable will be a recommended Business Plan that identifies and develops acquisition and implementation strategies for the delivery of Regional water supply resources in response to City Council Resolution No. 030200 directive. • The Business Plan provides a suite of planning assumptions and decision-making criteria, comparison metrics and process tools for on-going and future PLAN implementation sustainability; • The Business Plan, using the currently available City water supply data, provides enhanced screening tools that account for current and future municipal and industrial water demand and supply projections that develop water supply portfolios for future PLAN acquisition; EXHIBIT "A" Page 1 of 12 FEBRUARY 4, 2015 • The Business Plan evaluates individual potential water supply projects or acquisitions that increase and diversify water supply reliability with priority given to those projects that increase yield, are cost-effective and meet other PLAN decision and governance criteria; • The Business Plan provides guidance on policies and actions to implement a diverse portfolio of water supply projects (the selected three to five 20,000 AF projects) and water supply acquisition • strategies that account for future demands and increased drought resiliency through diversity of sources. Portfolio selection also considers yield potential, development schedule, fixed and variable costs, regulatory and permitting requirements, system enhancement opportunities, and project risks and benefits; and, • The Business Plan (Draft) will be completed per Section 11, Schedule. Business Plan — Scope of Services Table of Contents BASIC SERVICES 1. Project Orientation 2. Water Demand, Supply and Reliability Index 3. Water Supply Acquisition Selection Criteria and Project Portfolios 4. Economic Policies for Rate Model Criteria 5. Governance Policy and Criteria 6. Draft Plan Outreach 7. Draft Plan Presentation to City Council 8. Final Plan & City Council Adoption ADDITIONAL SERVICES 1. Communication & Outreach 2. Project Meetings 3. Staff Training I. SCOPE OF SERIVCES A. BASIC SERVICES 1. Project Orientation A. Task 1 Purpose The purpose of Task 1 is to charter the water supply sustainability team that develops the vision which will define success and strategic "must do" imperatives for the City as the Regional water provider. For example, City project expectations anticipate the development of the water supply reliability evaluation index, recommendations for the next three (3) to five (5) twenty thousand acre-foot (20,000 AF) water supply acquisition projects; and establishment of policy guidance for consistent fiscal, governance, screening, procurement methodology, communications, feasibility and reliability PLAN criteria. The Consultant will: • Facilitate an Orientation/ Chartering Workshop attended by City staff and the Consultant team (water supply business plan team). During the workshop, the team will develop an integrated set of PLAN assumptions and definitions that EXHIBIT "A" Page 2 of 12 FEBRUARY 4, 2015 will govern the development of respective project tasks, define project team roles and responsibilities, and establish project communication protocols. • Work with the City to organize and facilitate a Regional Wholesale and Industrial Customer Workshop intended to develop a "consensus, collaborative understanding" of the Regional vision. • Prepare a Project Execution Manual for this project during Task 1. B. Task 1 Deliverables • Workshop agenda, materials and meeting minutes (2 workshops) • Orientation Charter Workshop • Regional Wholesale and Industrial Customer Workshop • Project execution manual in Technical Memorandum format (Electronic copy). 2. Water Demand, Supply and Reliability Index The purpose of Task 2 is to determine the decision timeframe for the next Regional water supply acquisition. A. City's existing water supply status and data collection The purpose of this task is to obtain publicly available data, reports and reference materials to establish a municipal and industrial water demand baseline. The Consultant will: • Identify and request existing City data, reports, plans, rate models and similar materials. • Review City's existing GIS, operating data and water supply information, and extract necessary information for water demand baseline. B. Determination of water demand The purpose of this task is to develop water demand projection model that calculates current and project short-term (5-10 year), mid-term (20-30 year) and long term (40-50 year) water demands based on the City's and its Regional customers water use profile. The Consultant will: • Review and assess existing Corpus Christi waster demand assumptions for population changes and industrial requirements. Assessment should consider, at a minimum, the impact of Eagle Ford Shale on the Corpus Christi Regional water demands in combination with projected population variation and market economy for the Region, these water demands may include the following aspects: o Residential water demand; o Industrial (commercial) water demand; o Wholesale water distribution demand (Kingsville, San Patricio District, Nueces County area, etc.); and, o City's conservation goals and Regional conservation response. • Prepare recommended water demand projection analytical model revision(s) where appropriate along with method for implementation and use. It is envisioned that the demand projection model will be integrated with the screening tool developed in a subsequent task. EXHIBIT "A" Page 3 of 12 FEBRUARY 4, 2015 • Prepare three future water demand scenarios. C. Determination of water supply requirements The purpose of this task is to determine regional current, short-term (5-10 year), mid-term (20-30 year) and long term (40-50 year) water supply requirements (i.e., projected water demands greater than existing supplies available during the planning timeframes). The Consultant will: • Evaluate the City's existing supplies to estimate water supply availability during the planning timeframe o Consultant will utilize existing information and will not perform any water availability modeling to determine the yield of existing sources. Any water availability modeling efforts required will be included in the additional services. • Develop an analytic tool (model) that will integrate results of the existing water supply availability analysis and the demand projections developed in the previous sub -task. o It is envisioned that the model will be developed using a commercial software platform such as Microsoft Excel, ExtendSim or similar commercially available software as determined in conjunction with the City. o The model will provide tabular and graphic information indicating when future regional supplies are needed to outpace projected regional water demand. o The model will be developed to incorporate the results of the water supply project evaluations prepared in Task 3 and have the capability for adding additional potential water supplies evaluated by the City in the future. D. Development of Water Supply Reliability Index (RI) The purpose of this task is to create a Reliability Index that provides quantitative and qualitative basis for determining when to initiate the next water supply acquisition. The RI will incorporate demand projections and results of the of the water supply analysis from previous tasks. The Consultant will: • Develop a Water Supply Reliability Index as part of the model developed in Task C that can be used to characterize the City's Regional water supply compared with current demand and/or water demand projection scenarios. RI should have the following characteristics: o Can be quantitatively measured and qualitatively described; o Can serve as a qualifying parameter for determining the Region's priority water supply acquisition decisions; and o Can be updated with other potential or actual water supplies to assess the reliability of water supply portfolio(s). EXHIBIT "A" Page 4 of 12 FEBRUARY 4, 2015 E. Task 2 Deliverables • Water supply model that includes water demand projections (from Subtask B) and existing water supply sources yields during the planning period (from Subtask C) • Water Supply Reliability Index 3. Water Supply Acquisition Selection Criteria and Project Portfolios A. Task 3 Purpose The purpose of Task 3 is to develop selection criteria, and an acquisition screening tool (integrated portfolio model) that can be used to evaluate multiple water supply acquisition strategies as an integrated water supply portfolio. The screening tool (integrated portfolio model) will test supply drivers such as variable demand conditions/ projections, variable hydrologic conditions, variable cost considerations and risk of reliability. The integrated portfolio model will provide the decision assessment platform in determining which would be the preferred three (3) to five (5) 20,000 AF water supply strategies for the region. Potential supply strategies could, for example, include seawater/brackish ground water industrial and potable projects in San Patricio and Nueces County respectively; effluent re -use for industry; and, effluent re -use delivery, storage and treatment for potable consumption. A secondary objective of Task 3 is to provide the City with the integrated planning toolset, in conjunction with other PLAN policy and criteria to enable the City to re- assess and update the PLAN for the Region. The model will include a project template to evaluate water supply options proposed in the future, to update currently evaluated options when new information becomes available and facilitate future water supply evaluations. It is anticipated that future collaborative response will consider Regional and State partnerships, regulatory initiatives and emerging technology. The Consultant will: 1) Expand the analytic tool developed during previous tasks to incorporate selection criteria developed in conjunction with the City and provide a screening tool (integrated portfolio model). 2) Identify and analyze six potential Coastal Bend Regional water supply project strategies. Existing data will be used to populate the templates for those strategies currently under evaluation and those recently completed (e.g., desalination.) The Consultant will develop schematic project layout, estimate available yield, preliminary treatment requirements, Class 5 cost estimates using TWDB Regional Water Supply costing approach and tool (capital and operating costs), identify possible environmental considerations, permitting requirements and potential risks, system integration considerations, and project schedule with possible phasing EXHIBIT "A" Page 5 of 12 FEBRUARY 4, 2015 opportunities. Six potential water supply projects will be evaluated which are anticipated to include a -f below. Other potential supplies may be evaluated in Additional Services Task 4 if requested by the city. a. Effluent Reuse b. Groundwater c. Industrial Desalination d. Municipal Desalination e. Aquifer Storage and Recovery f. Inter -Regional Off -Channel Reservoir 3) Define, analyze and recommend 3 (three) water supply portfolios incorporating existing supplies and potential supplies evaluated in this task to be executed over the next 50 years (the planning period). Using the results of the project evaluations described previously, each water supply portfolio will be characterized by: • Major project delivery parameters (e.g., land required for project, project components, water production (yield), estimated energy consumption and operating costs, procurement schedule, project investment (capital cost), technologies required, permitting issues, environmental issues, conveyance, associated with each water supply project; and • Project engineering and financial analyses including financing strategy options. 4) Adjust Reliability Index evaluation criteria, if applicable. 5) Produce a brief (20-30 page) integrated PLAN implementation guideline and playbook for the regional water supply acquisition (Draft Business Plan) that will address results of the technical evaluation, portfolio development, the economic and governance/policy recommendations from subsequent task and a framework for future public outreach. (A detailed future public Outreach Plan may be prepared if authorized as an Additional Service.) B. Task 3 Deliverables • Monthly Project Team Telephone Progress Review Conferences • Agenda, presentation and meeting minutes (2 meetings/workshops) • 3 sub -Task Technical Memorandums — Selection Criteria and Screening Tool (Integrated Supply Portfolio Model); Supply Evaluation; Water Supply Portfolio (Electronic Copy) • Draft and Final Business Plan including a framework for future outreach • Draft Business Plan (Integrated PLAN Implementation Guidelines) Workshops (60% and Final) • Integrated Portfolio Model (includes demand projection model and completed templates for existing and proposed water supply strategies, and screening criteria) delivered in electronic format. Final model will be developed at the end of the project. EXHIBIT "A" Page 6 of 12 FEBRUARY 4, 2015 4. Economic Policies for Rate Model Criteria A. Task 4 Purpose The purpose of Task 4 is to establish transparent, equitable, consistent water supply rate policies that provide the governing criteria that will be used in the development of a revised water utility rate structure algorithm. Consultant recommendation should address cost allocation to a diverse Regional customer class based upon the implementation of current and future water supply strategies that consider full cost recovery and equity. The Consultant will: • Participate with select City staff (Water Resources, Utilities, Finance, Legal, MIS, Risk Management, Capital Programs) in a series of three (3) working meetings to craft the Rate Model Policies and Criteria. Note: Consultant team members will include those with expertise in utility rate development, economics, legal, risk management, project delivery and information management o Meeting 1 will focus on current review of the rate structure and identification of City objectives and rate model policy revision considerations. o Meeting 2 will review a menu of possible policy and criteria considerations to determine a recommend choice of options. o Meeting 3 will review the Technical Memorandum (Draft) deliverable of recommended policy and criteria. • Prepare draft and final technical memoranda summarizing water supply rate model policies and criteria options and recommendations B. Task 4 Deliverables • Meeting agenda, materials and meeting minutes for 3 meetings • Economic/Rate Model Policy Meetings (3 each via web access) • Recommendation on supply acquisition cost allocation to Regional customer base • Economic Policy and Rate Criteria Technical Memorandum (Electronic copy) 5. Governance Policy and Criteria A. Task 5 Purpose The Purpose of Task 5 is to establish Governance Policy and Criteria for Regional Water Supply Planning and Acquisition. Economic incentives, water supply contracts, system equity for new and existing clients, new inter and intra -regional partnerships and delivery acquisition policy are but a few of the PLAN response considerations. The Consultant will: • Participate with select City staff (Water Resources, Utilities, Finance, Legal, MIS, Risk Management, Capital Programs) in a series of three (3) working EXHIBIT "A" Page 7 of 12 FEBRUARY 4, 2015 meetings to craft the Governance Policy and Criteria for Regional water supply planning and acquisition. Note: Consultant team members with expertise in water policy development, water law, risk management, project delivery and information management will participate in the meetings. • Meeting 1 will focus on the identification of City governance objectives and policy opportunities. • Meeting 2 will review a listing of possible policy and criteria considerations to determine a recommend selection of options. • Meeting 3 will review the Technical Memorandum (Draft) deliverable of recommended policy and criteria. • Prepare draft and final technical memoranda on governance policy and criteria B. Task 5 Deliverables • Meeting agenda, materials and meeting minutes for 3 meetings • Governance Policy Meetings (3 each via web access) • Governance Policy Criteria Technical Memorandum (Electronic copy) 6. Draft Plan Outreach A. Task 6 Purpose The purpose of Task 6 is to present and explain the interim PLAN to Regional and inter -regional key stakeholders. Presentations to anticipated stakeholders may include the City of Corpus Christi Planning Commission, the City of Corpus Christi Water Resource Advisory Committee, Port Industries of Corpus Christi, San Patricio Water Municipal District, Regional Wholesale Water Customers, Region N Board Members, Nueces River Authority, Coastal Bend Bays and Estuaries Program, Coastal Bend Bays Foundation, the Mayor's Blue Ribbon Task Force, Texas A&M University- Corpus Christi, Texas A&M University — Kingsville, County Commissioners Court, Guadalupe Blanco River Authority, Lower Colorado River Authority, Lavaca-Navidad River Authority, State and Federal elected representatives, and other community business and civic organizations. The Consultant will: • Prepare the presentation; • Coordinate scheduling and meetings logistics with City staff; however, room rental fees, meeting notice publication fees and related meeting costs are not included in this estimate. If required, these expenses can be provided as additional services. • Participate in 8 key stakeholder meetings; and • Summarize the results of the stakeholder meetings. B. Task 6 Deliverables • Power Point presentation, outreach handouts and meeting notes • Outreach Presentation Meetings (10 Presentations) EXHIBIT "A" Page 8 of 12 FEBRUARY 4, 2015 • Draft Plan Outreach Technical Memorandum summarizing the feedback from the outreach meetings (Electronic copy) 7. Draft Plan Presentation to City Council A. Task 7 Purpose The purpose of Task 7 is to present to the City Council the Draft PLAN during an Information Workshop and secure direction and guidance as appropriate. City Staff will prepare a Resolution to secure Council stated direction at a subsequent meeting. The Consultant will: • Support staff by preparing a Power Point presentation; • Prepare notes from the presentation and City Council discussion; and • Prepare revisions to the Draft PLAN as may be appropriate B. Task 7 Deliverables • Presentation Material and handouts (2 Council Meetings). • Meeting notes and observations from Council direction. • Preparation of PLAN revisions required and proposed Resolution language. 8. Final Plan & City Council Adoption A. Task 8 Purpose The purpose of Task 8 is to present to the City Council the PLAN during for Council adoption and receive direction and guidance as appropriate. City Staff will prepare Ordinance language to secure formal Council PLAN adoption. The Consultant will: • Prepare the Final PLAN; and • Prepare a Power Point presentation and summary handouts for 2 City Council meetings. B. Task 8 Deliverables • Final PLAN revision(s) • Presentation Material and handouts (2 Council Meetings). • Meeting notes and observations from Council Ordinance (1st reading) direction. • Ten (10) printed copies and 1 electronic copy of Adopted PLAN. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Capital Programs. Consultant may not begin work on any of services under this section without specific written authorization by the Director of Capital Programs. Fees for Additional Services are a time and materials budgeted allowance for potential services to be provided and will be negotiated separately by the Director of Capital Programs as required. The Consultant shall, with written authorization by the Director of Capital Programs perform the following tasks: EXHIBIT "A" Page 9 of 12 FEBRUARY 4, 2015 1. Additional Service Task 1- Communication and Outreach The purpose of Additional Service Task 1 is to meet with regional stakeholders and explain the adopted City PLAN in public forum. 2. Additional Service Task 2 — Project Meetings The purpose of Additional Service Task 2 is to provide allowance for additional project team meetings as needed. 3. Additional Service Task 3 — Staff Training The purpose of Additional Service Task 3 is to provide Staff Training, as needed, on Project Implementation integration with the Water Supply Portfolio Model. EXHIBIT "A" Page 10 of 12 FEBRUARY 4, 2015 11. SCHEDULE Tasks 1-5 are estimated to be completed within 9 months with additional time for public and City Council review of the Business Plan. The schedule that follows assumes a notice to proceed of March 31, 2015; schedule will be adjusted to reflect the actual start date. Task Name Project Orientation 2016 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Water Demand, Supply & Reliability Index Water Supply Acquisition Selection Criteria and Project Portfolios 4 Economic Policies for Rate Model Criteria Governance Policy and Criteria 6 Draft Plan Outreach Draft Plan Presentation to City Council $ Final Plan and City Council Adoption EXHIBIT "A" Page 11 of 12 FEBRUARY 4, 2015 111. FEES A. Fee for Basic Services. The City will pay the Consultant a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will be a fixed fee for those services identified and will be full and total compensation for all services outlined in Section I.A 1-8 "Basic Services", and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. Consultant will submit monthly statements for services rendered. The statement will be based upon Consultant's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make Net 30 days monthly payments in response to Consultant's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Capital Programs under Section I.B "Additional Services," the City will pay Consultant a not -to -exceed fee as per the table below: Summary of Fees Basic Services Fees 1) Project Orientation $54,136 2) Water Demand, Supply and Reliability Index $86,458 3) Water Supply Acquisition Selection Criteria and Project Portfolios $183,169 4) Economic Policies for Rate Model Criteria $31,732 5) Governance Policy and Criteria $36,797 6) Draft Plan Outreach $51,603 7) Draft Plan Presentation to City Council $11,229 8) Final Plan & City Council Adoption $19,843 Subtotal Basic Services Fees $474,967 Additional Services Fees (Allowance — Not Authorized) 1. Communication and Outreach $40,000 2. Project meetings $15,000 3. Staff Training $10,000 Sub -Total Additional Services Fees Authorized $ 65,000 Total Authorized Fee $539,967 EXHIBIT "A" Page 12 of 12 EXHIBIT "B" INSURANCE REQUIREMENTS CITY OF CORPUS CHRISTI REGIONAL WATER SUPPLY STRATEGIC SUSTAINABILITY PLAN (REVISED NOVEMBER 17 2014) I. CONSULTANT'S LIABILITY INSURANCE A. Consultant 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. Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Consultant shall furnish to the Risk Manager and Director of Capital Projects, 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 listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. Note: Consultant shall include Project name and Project # in the Description box of the Certificate of Liability Insurance. K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large - Insurance & Indemnification.docx Exhibit "B" Page 1 of 4 TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required for non- rene or reduction in coverage or limits. Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Consultants 7. Personal and Advertising Injury 8. Independent Contractors 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROFESSIONAL LIABILITY (Errors & Omissions) $1,000,000 Per Claim $2,000,000 Aggregate. If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured. C. In the event of accidents of any kind related to this project, Consultant shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Consultant 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. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant'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. Consultant shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large - Insurance & Indemnification.docx Exhibit "B" Page 2 of 4 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. Box 9277 Corpus Christi, TX 78469-9277 D. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • 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 reduction in coverages or limits, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Consultant'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 Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Consultant'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 and completed operations and activities under this agreement. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large - Insurance & Indemnification.docx Exhibit "B" Page 3 of 4 INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large - Insurance & Indemnification.docx Exhibit "B" Page 4 of 4 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal BasicSeNices Additional Services: Permitting Warranty Phase Inspection Platting Survey O&MManuals SCADA Subtotal Additional SeNices Summary of Fees BasicSeNices Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: sample fonn for: Payment Request Revised 07127/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No.2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2.000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 780 0 0 0 0% 2,500 0 1,000 3,600 0 0 0 0% $6,000 $1,000 $1,250 $8,280 $750 $1,500 $2,500 30% $2.000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1.120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8.260 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Chnsti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City torovide 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: CH2M Hill Engineers, Inc. P. O. BOX: STREET ADDRESS: 555 N. Carancahua, Suite 310 CITY: Corpus Christi FIRM IS: 1. Corporation 4. Association I!! 2. Partnership 5. Other ZIP: 78401 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1, State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 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 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 14 4 Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the Cityofficial or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 1 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: Edward M. Motley, P.E. Title: Vice President {Type or Print) Signature of Certifying177 I Person: DEFINITIONS Date: 0— ///'"?4,15 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. "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. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." 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. AGENDA MEMORANDUM First Reading for the City Council Meeting of March 10, 2015 Second Reading for the City Council Meeting of March 24, 2015 DATE: February 12, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jerry Shoemaker, P. E., Acting Director of Capital Programs jerrys2@cctexas.com (361) 826-3516 CAPTION: Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com (361) 826-1972 Capital Programs Contract Cefe Valenzuela Landfill Disposal Sector 1B and 1C Re -Bid Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 by transferring $580,749.23 from Sanitary Landfill 2006 CIP Fund 3362 project reserves to Project E13035 Cefe Valenzuela Landfill Disposal Sector 1B and 10; transferring 74,250.77 from Sanitary Landfill 2008 CIP Fund 3365 project reserves to Project E13035 Cefe Valenzuela Landfill Disposal Sector 1B and 10; increasing the budget by $655,000; and authorizing the City Manager, or designee, to execute a construction contract with LD Kemp Excavating, Inc. of Fort Worth, Texas in the amount of $3,425,921.00 for the Cefe Valenzuela Landfill Disposal Sector 1B and 10 Re -Bid for the total Base Bid plus Additive Alternate 1. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsive bidder, LD Kemp Excavating, for the Cefe Valenzuela Landfill Disposal Sector 1B and 10 Re - Bid Project. BACKGROUND AND FINDINGS: Cefe Valenzuela Landfill has limited capacity remaining in the lined areas and capacity exhaustion is anticipated April 2016. Emergency events could accelerate the date. It is recommended that construction commence immediately. Cefe Valenzuela Landfill has limited remaining capacity that is anticipated to be exhausted by April 2016, or sooner if major storm and/or emergency events occur. Therefore, immediate construction is recommended with completion ninety (90) days prior to permitted capacity of Disposal Cell 1A is reached. This project provides for two new cells; Cell 1B (12.5 acres) and Cell 10 (7 acres). The new cells will provide capacity for another 2.5 to 3 years. The proposed cells are in full compliance with the Texas Commission on Environmental Quality (TCEQ) and require no permit modifications. The contract includes obtaining field construction approval by TCEQ. Initial bids were opened on December 10, 2014. Due to irregularities with the new electronic bid process, all bids were rejected and the project was re -advertised with a re -bid on January 7, 2015. On January 7, 2015, the City received proposals from four (4) bidders and the bids are as follows: Contractor Base Bid Additive Alternate 1 Total L. D. Kemp Excavating, Inc. Fort Worth, Texas $2,493,632.00 $932,289.00 $3,425,921.00 Longhorn Excavators, Inc. Rosenberg, Texas $2,898,269.50 $852,406.80 $3,750,676.30 FCS Construction, LLC. Frisco, Texas $2,694,953.00 $911,569.00 $3,606,522.00 Salinas Construction Technologies, Ltd. Pleasanton, Texas $5,647,371.69 $1,041,844.97 $6,689,216.66 ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, C P & Y, Inc. conducted a bid analysis of the four (4) proposals submitted in response to the City's bid solicitation. C P & Y, Inc. found that LD Kemp Excavating has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: Capital Improvement Program Budget Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $630,200.00 $3,327,500.00 $3,957,700.00 Ordinance 655,000.00 655,000.00 Total Available Funds $630,200.00 $3,982,500.00 $4,612,700.00 Encumbered / Expended Amount 630,200.00 $0.00 630,200.00 This item 0.00 3,425,921.00 3,425,921.00 Future Anticipated Expenditures This Project 0.00 540,232.10 540,232.10 BALANCE $0.00 $16,346.90 $16,346.90 Fund(s): PH&S 12 RECOMMENDATION: City staff recommends that the construction contract be awarded to LD Kemp Excavating of Fort Worth, Texas in the amount of $3,425,921.00 for the Cefe Valenzuela Landfill Disposal Sector 1B and 10 Re - Bid Project. LIST OF SUPPORTING DOCUMENTS: Project Budget Ordinance Location Map Presentation Page 1 of 2 Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 by transferring $580,749.23 from Sanitary Landfill 2006 CIP Fund 3362 project reserves to Project E13035 Cefe Valenzuela Landfill Disposal Sector 1B and 1C; transferring $74,250.77 from Sanitary Landfill 2008 CIP Fund 3365 project reserves to Project E13035 Cefe Valenzuela Landfill Disposal Sector 1B and 1C; increasing the budget by $655,000; and authorizing the City Manager, or designee, to execute a construction contract with LD Kemp Excavating, Inc. of Fort Worth, Texas in the amount of $3,425,921.00 for the Cefe Valenzuela Landfill Disposal Sector 1B and 1C Re -Bid for the total Base Bid plus Additive Alternate 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is changed to add $580,749.23 from Fund 3362 Sanitary Landfill 2006 CIP Fund to the Cefe Valenzuela Landfill Disposal Sector 1B and 10 project. SECTION 2. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is changed to add $74,250.77 from Fund 3365 Sanitary Landfill 2008 CIP Fund to the Cefe Valenzuela Landfill Disposal Sector 1B and 10 project. SECTION 3. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is changed to increase expenditures in the amount of $655,000 for the Cefe Valenzuela Landfill Disposal Sector 1B and 10 project. SECTION 4. The City Manager or designee is authorized to execute a construction contract with LD Kemp Excavating, Inc. in the amount of $3,425,921.00 for the Cefe Valenzuela Landfill Disposal Sector 1B and 10 Re -Bid plus Additive Alternate 1. ATTEST THE 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following votes: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET Cefe Valenzuela Landfill Disposal Sector 1B and 10 Re -Bid February 24, 2015 FUNDS AVAILABLE: Solid Waste Capital Improvement Budget $3,957,700.00 Solid Waste Ordinance 655,000.00 TOTAL $4,612,700.00 FUNDS REQUIRED: Construction: Construction (LD Kemp Excavating, Inc.) (Base Bid and Add. Alt. # 1) $3,425,921.00 Contingency (10%) 342,592.10 Construction Inspection Services (In House) 92,275.00 Design Fees: Engineer (CP&Y) 304,884.00 Geotechnical Quality Assurance and Ballast Evaluation Report (Under CPY Contract) 318,681.00 Construction Materials Testing 7,000.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 45,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) 57,000.00 Misc. (Printing, Advertising, etc.) 3,000.00 TOTAL $4,596,353.10 ESTIMATED PROJECT BUDGET BALANCE $16,346.90 PROJECT LOCATION CEFE VALENZUELA LANDFILL DISPOSAL SECTOR 1B AND 10 RE -BID but rets F..rSr Project #: E13035 LOCATION MAP NOT TO SCALE W N s E CEFE VALENZUELA LANDFILL DISPOSAL SECTOR 1B AND 1C RE -BID CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS !'! PAGE 1OF1 Corpus C‘500 ti Capital Programs Cefe Valenzuela Landfill Disposal Sector 1B and 1C Re -Bid Council Presentation March 10, 2015 Project Scope Carpus Chr sti Capital Programs PROJECT LOCATION CEFE VALENZUELA LANDF1 LL DISPOSAL SECTOR 1B AND 1 C RE -BI D Project #: E13035 LQCATION MAP NOT TO SCALE Base Bid includes: • Construction of liner and leachate collection systems of Sectors 1B and 1C. • Construction of cast -in-place concrete stilling basin, drop inlets, rcp drain and cleanout structures. Project Schedule Carpus Chr sti Capital Programs 2014 2015 Apr May Jun Jul Aug Sep Design Oct Nov Dec Jan Feb Mar Bid Apr May Jun Jul Aug Sep Oct Nov Dec Construction Project Estimate: 270 Calendar Days zi 9 Months Project Budget Corpus Chr sti Capital Programs FUNDS AVAILABLE: Solid Waste Capital Improvement Budget Solid Waste Ordinance TOTAL FUNDS REQUIRED: Construction: Construction (LD Kemp Excavating, Inc.) (Base Bid and Add. Alt. #1) Contingency (10%) $3,957,700.00 655,000.00 $4,612,700.00 $3,425,921.00 342,592.10 Construction Inspection Services (In House) 92,275.00 Design Fees: Engineer (CP&Y) Geotechnical Quality Assurance and Ballast Evaluation Report (CPY Contract) 304,884.00 318,681.00 Construction Materials Testing 7,000.00 Reimbursements 105,000.00 TOTAL $4,596,353.10 ESTIMATED PROJECT BUDGET BALANCE $16,346.90 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 10, 2015 Action Item for the City Council Meeting of March 17, 2015 DATE: TO: February 5, 2015 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds@cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act Fund CAPTION: Resolution authorizing the submission of a grant application in the amount of $90,366.92 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a city match of $18,592.68 and $4,000 in-kind services for a total project cost of $112,959.60; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: Year 15 funding is available from the State of Texas, Criminal Justice Division, which provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salary/ benefits for two Victim Case Managers, equipment, supplies, training, and mileage. The case managers provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case managers also work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. The State provides $90,366.92 for the salary/benefits of two Victim Case Managers and mileage. Volunteer hours contribute $4,000 as an in-kind contribution, and the City contributes $18,592.68 for training, travel, supplies and miscellaneous equipment as the required 20% match. The funding is not on a declining percentage or ending funding cycle. This grant period will be 9/1/2015 — 8/31/2016. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: OMB Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 62,000.00 17,043.29 79,043.29 Encumbered / Expended Amount This item 1,549.39 17,043.29 18,592.68 BALANCE 60,450.61 0 60,450.61 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the submission of a grant application in the amount of $90,366.92 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a city match of $18,592.68 and $4,000 in-kind services for a total project cost of $112,959.60; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved bythe City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Criminal Justice Division in the amount of $90,366.92 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City match of $18,592.68 and $4,000 in kind services for atotal project cost of $112,959.60. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to after the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of March 10, 2015 Action Item for the City Council Meeting of March 17, 2015 DATE: TO: February 5, 2015 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds@cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund to continue the Victim Outreach Program CAPTION: Resolution authorizing the submission of a grant application in the amount of $78,273.18 to the State of Texas, Criminal Justice Division Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue Year 3 of the Victim Outreach Program with a City match of $13,368.30 and $6,200 in-kind services, for a total project cost of $97,841.48; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. PURPOSE: This funding is available from the State of Texas, Criminal Justice Division, to provide funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant is a new project for the Victim Assistance Program. Community Outreach is designed to assist victims in stabilizing their lives after victimization. In high crime rate districts, many victims are resistant to cooperation with law enforcement and the criminal justice system due to the emotional and physical impact of the crime. The grant will provide funding for a victim case manager to provide community outreach to identify resistant or reluctant victims of crime and assist victims in understanding and participating in the criminal justice system. Through public presentations, multi -disciplinary meetings and legal advocacy, the case manager will provide crisis intervention and follow up services in order to establish rapport and build resiliency of victims in districts at high risk for violence. A Staff Assistant keep accurate and timely records, including information properly entered into database systems. The State provides for the salary/benefits of one Victim Case Manager, one Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute in-kind contribution, and the City contributes $13,368.30 for training, travel, supplies and miscellaneous equipment as the required match. The funding is not on a declining percentage or ending funding cycle. This grant period will be 9/1/2015 — 8/31/2016. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: OMB Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $62,000.00 $12,254.28 $74,254.28 Encumbered / Expended Amount This item $1,114.02 $12,254.28 $13,368.30 BALANCE 60,885.98 0 60,885.98 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the submission of a grant application in the amount of $78,273.18 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue Year 3 of the Victim Outreach Program with a city match of $13,368.30 and $6,200 in-kind services, for a total project cost of $97,841.48; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Criminal Justice Division in the amount of $78,273.18 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit to continue Year 3 of the Victim Outreach Program with a city match of $13,368.30 and $6,200 in-kind services, for a total project cost of $97,841.48. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of March 10, 2015 Action Item for the City Council Meeting of March 24, 2015 DATE: March 10, 2015 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds@cctexas.com (361) 886-2603 Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Purchase of Radar Equipment CAPTION: Motion approving the purchase of twenty (20) ProLaser radars for the Corpus Christi Police Department in the amount of $65,335.60 from Kustom Signals, Inc. Chanute, KS. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (HGAC). Funds are available through the Crime Control and Prevention District. PURPOSE: These radars will be used by Uniform Patrol Officers in their daily duties throughout the City. BACKGROUND AND FINDINGS: On December 17, 2014, the Crime Control and Prevention District Board of Directors approved $1,323,658.59 in one-time expenditures which included the purchase of radars. 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 Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $402,551.09 $0 $402,551.09 Encumbered / Expended Amount $21,616.88 $0 $21,616.88 This item $65,335.60 $0 $65,335.60 BALANCE $315,598.61 $315,598.61 Fund(s): 9010 Crime Control and Prevention District Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM 1. DESCRIPTION ProLaser 4 bundle with 5 -yr. extended warranty QTY. 20 PRICE SHEET HGAC CONTRACT NO. EF04-13 PURCHASE OF RADAR EQUIPMENT Kustom Signals, Inc. Chanute, Kansas UNIT each UNIT PRICE $3,266.78 EXTENDED PRICE $65,335.60 TOTAL: $65,335.60 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 10, 2015 Action Item for the City Council Meeting of March 24, 2015 DATE: March 10, 2015 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Lease -Purchase of Aerial Platform Vehicle Unit CAPTION: Motion approving the lease -purchase of one (1) aerial platform vehicle unit from Siddons-Martin Emergency Group, Houston, Texas for a total amount of $1,199,000.00, of which $21,199.88 is required for the remainder of FY 2014-2015. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Financing for the lease -purchase will be provided through the City's lease -purchase financing contractor. PURPOSE: The aerial platform vehicle unit will be used by the Fire Rescue Division of the Fire Department for emergency response services. BACKGROUND AND FINDINGS: This unit will replace an existing aerial platform unit, allowing Fire Rescue to maintain the current level of service in the community. ALTERNATIVES: None. OTHER CONSIDERATIONS: Financing for the lease -purchase is based on a sixty -month term with an estimated interest rate of 2.35% for an annual payment of $254,398.56. The total estimated cost over the five-year period, including principal of $1,199,000.00 and interest of $72,992.80, is $1,271,992.80. Funding for this purchase is from monies already part of the Fire Department's lease payment schedule for FY 2014-2015. 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: Fire Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,169,790.84 $1,250,792.92 $2,420,583.76 Encumbered / Expended Amount $1,148,590.96 $0 $1,148,590.96 This item $21,199.88 $1,250,792.92 $1,271,992.80 BALANCE $0 $0 $0 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM DESCRIPTION PRICE SHEET TLGPC CONTRACT NO. 399-12 AERIAL PLATFORM VEHICLE UNIT QTY. UNIT Siddons-Martin Emergency Group Houston, Texas UNIT PRICE 100 foot aerial rear -mount platform vehicle unit TOTAL: 1 Each $1,199,000.00 EXTENDED PRICE $1,199,000.00 $1,199,000.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of 3-10-2015 Action Item for the City Council Meeting of 3-24-2015 DATE: February 13, 2015 TO: Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resources Yasminec@cctexas.com 361-826-3315 Michael Armstrong, Chief Information Officer MichaelAR@cctexas.com (361) 826-3740 Approving the purchase of the Learning Management Subscription Licenses CAPTION: Motion authorizing the City Manager or designee, to approve a five year agreement for the purchase of Learning Management Subscription licenses and consulting hours from INFOR (US), Inc., Alpharetta, GA in the amount of $257,688. Expenditures for the first year total $97,688 that includes $57,688 in consulting hours and annual subscription licenses of $40,000. Funds are available in the Human Resources FY2015 budget and the annual subscription licenses of $40,000 will be requested through the budget process for subsequent years. PURPOSE: To provide subscription licenses for a learning management system and consulting hours to the Human Resources department for a solution that is compatible and integrated with the ERP (Enterprise Resource Planning) software currently being implemented by the City. BACKGROUND AND FINDINGS: The City of Corpus Christi currently does not have capabilities to provide e -learning in a fully - integrated learning management system. The purchase of licenses and consulting hours will provide access to the INFOR Certpoint learning content management system (LCMS), comprehensive learning management reports, and mobile learning capability. This INFOR e -learning platform will provide access to tools that we need to provide enterprise e -learning, for a solid record of learning reporting. ALTERNATIVES: Operate without the benefit of an online training environment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The purchase confirms with City purchasing policies and procedures. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Human Resources Department Municipal Information Systems Department Office of Management and Budget Finance and Purchasing Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015 through FY 2019 (5 Years) Project to Date Expenditure s (CIP only) Current Year Future Years TOTALS Line Item Budget $170,000 $850,000 Encumbered / Expended Amount $8,128.84 This item $97,688 $40,000 (x4) $257,688 BALANCE $64,183 $59,2312 Fund(s):1020 Comments: Funds will be requested through the budget process for subsequent years. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: INFOR Order Forms INFOR Statement of Work infix ORDER FORM This Order Form is subject to the terms of Exhibit 9 (Subscription License and Services Agreement) of the Master Contract between Infor (US), Inc. and City of Corpus Christi ("Licensee") with an Effective Date of May 15, 2013 (the "Agreement"). All terms of the Agreement are incorporated herein by reference. In the event of a conflict, the terms of this Order Form control over the terms of the Agreement. Capitalized terms not defined in this Order Form are defined in the Agreement. In the event the capitalized terms in this Order Form differ from the terminology used in the Agreement, references herein to: "Subscription Software" and "Component Systems" shall have the same meaning, refer to the computer software programs identified this Order Form and may be referred to in the Agreement as Component Systems, Products, Software Products, Subscription Software, Software, Programs or Licensed Programs; "Support" may be referred to in the Agreement as Support, Maintenance and Support, Annual Support, Support Services, On -Going Support or One Point Support; and "License Restriction" means any limitation on the use of the Subscription Software and may be referred to in the Agreement as License Restriction or User Restriction. 1. Subscription Software *If specified in the License Restriction field: • EU = "End User" means Licensee's current (i.e, non -terminated) full-time, part-time, or seasonal employees, consultants or contractors who either (i) use the Component System directly or (ii) whose records, schedules, or related data are processed by the Component System. Support is included in Subscription Services. Support Type: see Exhibit 1 for Support level description. II. Subscription Term and Subscription Fees Initial Subscription Term: Subscription Service Ready Date through five (5) years Part # (if applicable) Subscriptian Software License Restriction* Quantity Type 1 LMS-S-LMSLM Learning Management Subscription 3,500 EU 2 LMS -S- LMADHR Learning Management Ad -Hoc Reporting Subscription 3,500 EU *If specified in the License Restriction field: • EU = "End User" means Licensee's current (i.e, non -terminated) full-time, part-time, or seasonal employees, consultants or contractors who either (i) use the Component System directly or (ii) whose records, schedules, or related data are processed by the Component System. Support is included in Subscription Services. Support Type: see Exhibit 1 for Support level description. II. Subscription Term and Subscription Fees Initial Subscription Term: Subscription Service Ready Date through five (5) years Additional Annual Subscription Fee: 540,000.00 Fee for Initial Subscription Term: $200,000.00 Total Amount Due (before applicable taxes): 5200,000.00 All amounts are in US Dollars unless otherwise specified. Currency: United States Dollars OP -01878993 JMG 1-12-15 Infor LMS Order Form (March 2014) Page 1 of 17 III. Payment Terms Annual Payment Terms: Licensee shall pay the Annual Subscription Fee, in advance, as invoiced by Infor. The first Annual Subscription Fee, plus applicable taxes, will be invoiced promptly upon the Subscription Service Ready Date. All other Annual Subscription Fees will be invoiced such that they are due prior to the commencement of the portion of the Subscription Term to which the Annual Subscription Fee applies. Licensee shall pay all invoices within 15 days of the date of the invoice. Licensee Account ID: 1000131 96 Infor GL ID: USOAB Account Executive Name: Shelly Carroll Primary Location Address: Invoice Address: (if blank, the Primary Location Address shall be used for Invoicing) City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Contact Name: Belinda Mercado Contact Name: Contact Title: Contact Title: Contact Phone: 361-826-3732 Contact Phone: Contact email: bmercado@cctexas.com Contact email: IV. Definitions "Subscription Service Ready Date" means the date Infor informs Licensee that the Subscription Service is accessible, but not ready for use, by Licensee for the respective Subscription Software listed in this Order Form. This date is not synonymous with any Licensee launch or go -live date (date software is ready for use). V. Additional Terms No changes or modifications of any kind to this Order Form shall be accepted after execution unless signed in writing by both parties. Any purchase order or similar document (other than a mutually executed and delivered Order Form) that may be issued by the undersigned Licensee in connection with this Order Form does not modify this Order Form or the Agreement to which it pertains. No such modification will be effective unless it is in writing, is signed by each party, and expressly provides that it amends this Order Form (or as applicable, the Agreement). For U.S. Government entities, the following restricted rights clause applies: This Component System is a "commercial component," as this term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "computer software documentation," as such terms are defined in 48 C.F.R. 252.227-7014(a)(I) and 48 C.F.R. 252.227-7014(a)(5), respectively, and used in 48 C.F.R. 12.212 and 48 C.F.R. 227.2702, as applicable, and all as amended from time to time. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, and other relevant sections of the Code of Federal Regulations, as applicable, and all as amended from time to time, all U.S. Government entities acquire this Component System only with those rights set forth in the license agreement accompanying this Component System. Use, duplication, reproduction, or transfer of this commercial software and accompanying documentation is restricted in accordance with FAR 12.212 and DFARS 227.7202 and by a license agreement. By signing this Order Form, Licensee represents and warrants that it has obtained all necessary authorizations and approvals including, but not limited to, appropriation of funds and budget approval. Licensee's purchase of the subcription specified herein is not contingent or dependent upon the provision of any consulting services Licensee may choose to purchase from Infor contemporaneously with this Order Form or in the future. Exhibit 1 —Service Level Description is attached to and made a part of this Order Form. OP -01878993 JMG 1-12-15 Infor LMS Order Form (March 2014) Page 2 of 17 Effective date of this Order Form: (the "Order Form Date") THE PARTIES have executed this Order Form through the signatures of their respective authorized representatives. For: Info (US), Inc. For: City of Corpus Christi (Legal Name of Licensee) Signature Signature Patricia Elias Ronald L. Olson Typed or Printed Name Typed or Printed Name Associate General Counsel City Manager Title Title February 12, 2015 Date Date ATTEST: Rebecca Huerta City Secretary Date APPROVED AS TO FORM: Buck Brice (Date) Assistant City Attorney For City Attorney OP -01878993 JMG 1-12-15 Infor LMS Order Form (March 2014) Page 3 of 17 EXHIBIT 1 TO ORDER FORM SERVICE LEVEL DESCRIPTION FOR INFOR LEARNING MANAGEMENT SYSTEM This Service Level Description describes the certain operational details and service levels for Infor's Learning Management System (the "LMS") which the Licensee has subscribed for pursuant to a Subscription License and Services Agreement (the "Agreement"). This Service Level Description describes the Subscription Services and Support offered under the Agreement and is considered part of the Documentation as defined in the Agreement. This Service Level Description is organized around three major concepts: A) LMS Architecture and User System Requirements, B) Technical Support and C) Hosting Services Description. Capitalized terns not otherwise defined in this Exhibit I shall have the meanings set forth in the Agreement. A. LMS Architecture and User System Requirements The Software and Hardware Requirements listed in this Exhibit I represent the minimum requirements necessary for the LMS to operate. Note A - Infor reserves the right to discontinue support of any third party software components that are no longer supported by their respective vendors as a lack of support from the vendor may prohibit Infor from providing a satisfactory solution to errors that may be encountered by the Licensee during normal use. Furthermore, if Licensee encounters an error on a supported platform, the corrective course of action recommended by Infor may be to apply patches or fixes provided by the respective hardware or software vendor in order to resolve the error. Note B - The System Requirements for LMS may change over time. Infor will notify customers of material changes likely to affect use of the LMS six months in advance to allow time to make or plan any necessary changes. Infor offers the LMS in a hosted, software as a service (SaaS) environment (such environment the Hosting Services). The platform for the Hosting Services will be selected, managed, and maintained by Infor. The primary hosting environment for the LMS is in the United States. Infor reserves the right to select one or more alternate environments for the Hosting Services or move to another hosting location at any time. Upon request of Licensee, Infor will provide Licensee with additional detailed information regarding the operating environment from which the Hosting Services are provided. LMS Administrator Infor's browser -based administrative application is used by LMS administrators to control access to LMS, set up learning events, and view the results of learning activities. Software Requirements Operating System Microsoft Windows XP, Windows Vista, or Windows 7 Browser Microsoft Internet Explorer 8.0 or above Microsoft Silverlight Runtime Microsoft Silverlight Runtime 4.0 or above is required. Hardware Requirements CPU Pentium -class .rocessor runnin : at 1.5 GHz or above Memory 1 GB RAM or above (2 GB RAM recommended) Display 1024 x 768 or above with 65,000 colors Connectivity LAN connection to a TCP/IP network with 256 Kbps connection or above OP -01878993 JMG 1-12-15 Infor LMS Order Form (March 2014) Page 4 of 17 LMS Content Creator ("LMS CC") Authors use Infor's Windows-based, template -driven authoring environment to create LMS course content. LMS CC requirements are as follows. LMS CC Software Requirements Operating System Microsoft Windows XP, Windows Vista, or Windows 7 Browser Microsoft Internet Explorer 8.0 or above Adobe Flash Plug-in The Adobe Flash 9 or above plug-in is required by Content Creator. Microsoft Office To leverage the Microsoft Office Integration features of Content Creator, Microsoft Office 2003 or Microsoft Office 2007 or Microsoft Office 2010 must be installed and activated. Microsoft .NET Framework In order to convert Microsoft PowerPoint documents into Adobe Flash files, authors must have the .NET Framework 2.0 (with SP I or above) installed. LMS CC Hardware Requirements CPU Pentium -class processor running at 1.5 GHz or above Memory I GB RAM or above (2 GB RAM recommended) Hard Disk 100 MB hard disk space for application plus additional space for course content Display 1024 x 768 or above with 65,000 colors Connectivity LAN connection to a TCP/1P network with 256 Kbps connection or above Sound Windows -compatible sound card and speakers (required if audio is used in courses) LMS Portal, Learner and SCORM Player Learners use Infor's web -based learning environment to access LMS courses and track their learning. OP -01878993 J MG 1-12-15 Infor LMS Order Form (March 2014) Page 5 of 17 LMS Portal, Learner and SCORM Player Software Requirements Operating System Microsoft Windows XP, Windows Vista, or Windows 7 Mac OSX Browser Microsoft Internet Explorer 8.0 or above Mozilia Firefox 4.0 or above Apple Safari 4.0 or above Optional Plug -ins (dependent on course content) Media players and versions dependent on course content Adobe Flash Player 9.0 or above LMS Portal, Learner and SCORM Player Hardware Requirements CPU Pentium -class processor running at 1 GHz or above Memory 512 MB RAM or above (1 GB RAM recommended) Display 800 x 600 with 256 colors minimum (1024 x 768 or above with 65,000 colors recommended) Connectivity LAN connection to a TCP/IP network or 56 Kbps dial-up connection or above Sound Windows compatible sound card and speakers (required if audio is used in courses) OP -01878993 J MG 1-12-15 Infor LMS Order Form (March 2014) Page 5 of 17 LMS Offline Viewer Learners use Infor's client based course viewer application to interact with LMS courses while not connected to the Internet. LMS Offline Viewer Software Requirements Operating System Microsoft Windows XP, Windows Vista, or Windows 7 Browser Microsoft Internet Explorer 8.0 or above Java Runtime Environment Sun Microsystems Java Runtime Environment (JRE) 1.4 or above Microsoft JVM Optional Plug -ins (dependent on course content) Adobe Flash Player 9,0 or above Additional media players and their required versions are dependent on course content LMS Offline Viewer Hardware Requirements CPU Pentium -class processor running at 1 GHz or above Memory 512 MB RAM or above (1 GB RAM recommended) Hard Disk 30 MB hard disk space for application plus additional space for course content Display 800 x 600 with 256 colors minimum (1024 x 768 or above with 65,000 colors recommended) Connectivity LAN connection to a TCP/IP network or 56 Kbps dial-up connection or above Sound Windows compatible sound card and speakers (required if audio is used in courses) LMS Mobile: Mobile Hardware and Software Requirements: Below is the list of mobile devices, operating systems, and LMS functions currently supported in a mobile environment. The manufacturers, distributors or carriers of the mobile devices and operating systems referenced below have not certified or endorsed the LMS. The list below is intended only to indicate that the mobile devices on this list have adequate memory to run the LMS and the operating systems are capable of running the LMS based on Infor's internal testing. Performance of the LS on any mobile devise depends on, among other factors, the mobile broadband carrier and data plan selected by the user, available bandwidth and local coverage, and other applications that maybe running simultaneously with the LMS. Testing for compatibility for all devices on all carriers is not feasible. However, Infor will make reasonable efforts to trouble shoot and resolve compatibility issues for the supported devices listed below. Infor has optimized LMS to run on desktops and tablets. The application detects the type of device being used and makes Ul and other adjustments automatically including: — Resizing buttons — Re -organizing menus — Remembering users last position in the course OP -01878993 MG 1-12-15 Infos t_MS Order Fortin (March 2014) Page 6 of 17 Supported Tablets Apple iOS iOS versions 5.x • iPad 2 • iPad 3 Android 2.3.x Gingerbread 3.x.x Honeycomb 4.O.x %e Cream Sandwich • Samsung Galaxy Tab • Samsung Galaxy Tab 2 • Sony Tablet S (coming soon) • Kindle Fire (coming soon) BlackBerry PlayBook Playbook OS 2.0 Supported Smart Phones Apple LOS iOS versions 4.x, 5.x SUPPORTED DEVICES: • iPhone4 • iPhone 3GS • iPhone 3G • iPod touch BlackBerry SUPPORTED DEVICES: • iPhone 4S • Series 9Oxx (Bold) • Series 93xx (Curve) • Series 95xx (Storm) • Series 96xx (Tour) • Series 97xx (Bold) • Series 98xx (Torch) • Series 99xx (Bold) Android • Any Android Smart Phones running on Fryo 2.2 or greater. Windows Mobile • A Windows Mobile 7 device with an IE -7 or greater browser Infor LMS functions supported in Mobile Environment: LMS Mobile serves learners by supporting all portal features including collaboration, advance certification, competency management, transcripts, notifications, impersonation, and reports on tablets. It also tracks all course scores and sessions, including scores and sessions for third party content optimized for mobile delivery. All portal functions in LMS mobile are managed by your desktop/ laptop- based LMS administrator. LMS Mobile also supports some of the key Portal Functionality such as "My Courses", "My Transcript" & "My Profile" on Smart Phones. OP -01878993 JMG 1-12-15 lnfor LMS Order Foran (March 2014) Page 7 of 17 B. Technical Support Infor provides technical support ("Support") and other services as noted herein under the terms and conditions in this Agreement. Licensee's purchase at least one of the three Support packages described in Appendix 1 below. Levels of Support • Level 1 Support ("Help Desk") is provided directly to the Registered Users. Infor belives that the most efficient approach to providing Level 1 support is via Licensee's Help Desk. Therefore, Infor provides comprehensive training and documentation for the Licensee's Help Desk. Because of the intuitive nature of the Learner interface, the Level 1 support call ratio is insignificant — typically 1% or less - and generally involves help with issues unrelated to the LMS software or its system requirements. Nevertheless, should Licensee request Level 1 support, Infor will provide such support through Help Desk partnering at a mutually agreed cost based on the Licensee's needs. • Level 2 Support is provided directly to professionals designated by the Licensee. Cases will be classified as either "How To" or "Software Default", as defined below. All other cases shall be deemed Level 3 Support. - The "How To" case refers to clarification on a single topic or feature of the Software. The "How To" inquiries may pertain to the installation, configuration, or operability of the LMS. Clarification of "How To" cases does not involve replication, corrections, or enhancements to the operation of the LMS and is not a "Software Default" defined as follows: • A "Software Default" case means any incident, defect, breakdown, or blockage in the Software that prevents the LMS from performing substantially in accordance with its Documentation and the "User System Requirements" as specified in this Exhibit 1. Clarification of "Software Default" cases involves replication, corrections, or enhancements in the operation of the LMS. All other defaults, including, but not limited to, defaults caused by the Licensee's IT environment, content produced by vendors other than Infor, personal hardware configurations, and. customizations and configurations not authorized by lnfor, are not a Software Default. Infor maintains the right to, from time to time, update and modify the "User System Requirements" with new versions of the software and will provide commercially reasonable notice of such modifications to the Licensee. Licensee shall provide Infor prompt written notice of any "Software Defaults", including all necessary information to replicate the default, documentation, technical assistance and, when necessary, access to the computing device on which the issue occurred, including all information and cooperation necessary to reproduce such failure. • Level 3 Support required by professionals designated by the Licensee for troubleshooting any issues that are not classified as Software Defaults. This, includes, but is not limited to, Licensee created Flash Templates, SCORM or AICC related issues for content other than content created by Infor, customization or configuration of the LMS features beyond the scope of documentation and training, and the troubleshooting of any Licensee specific product enhancements. Infor Support will escalate these issues to a Technical Account Manager and / or other designated professionals as required, and these cases will be billed at an hourly rate to be agreed upon prior to performance of any such services. Technical Support Criteria Infor shall not be obligated to provide Support in the following instances: (a) Licensee is not using the LMS in accordance with its then current User System Requirements, Documentation and Training. (b) Any error reported by Licensee and reasonably determined by Infor to be due to a cause other than the LMS software, including, without limitation, Licensee's misuse of the LMS or infrastructure. (c) Licensee fails to install or approve deployment of any maintenance release packages provided by Infor. (d) Licensee obtains or modifies the LMS software source code without Infor authorization. (e) Licensee uses, installs or attempts to use or install software which interfaces with the LMS , or writes to or modifies any data file maintained or accessed by the LMS which has not been authorized by Infor. (f) Licensee requests for customization of documentation. OP -01878993 JMG 1-12-15 Infor LMS Order Form (March 2014) Page 8 of 17 (g) (h) (i) (i) (k) Licensee requests for edits or changes to the LMA software, the LMS CC, SCORM, or AICC courses. Licensee requests for troubleshooting issues related to the use of third party development tools and third party content. Licensee requests for manipulation of data. Licensee requests for Ad Hoc Report creation beyond the scope of documentation. Licensee requests for troubleshooting SCORM or AICC content issues that have not gone through compliance/conformance checks through tools such as ADL Test Suite or SCORM Cloud. Any Support services provided by Infor to address problems caused by any of the above reasons will be escalated to an Infor Technical Account Manager and billed at an hourly rate to be agreed upon prior to performance of any such services. • Support shall be provided by means of remote access to the LMS or Licensee's computer systems or through telephonic support. Any technical support related services provided to Licensee on-site are chargeable at Infor's then current time and materials rates. • Support shall not be provided directly to Registered Users. Support shall be provided only to the contact persons designated by Licensee by written notice to Infor. Default Definitions 1. Hosting Services: Fatal Default Server down or site inoperable, i.e., Software is not available 2. Software Defaults: Software Default Software Default shall mean any incident, defect, breakdown, or blockage in the Software that prevents the Software from performing substantially in accordance with its Documentation and the "System User Requirements" as specified in this Exhibit 1. All other defaults including, but not limited to, defaults caused by the Licensee's IT environment, content produced by vendors other than Infor, personal hardware configurations, and customizations and configurations not authorized by Infor, are not a Software Default. Severity of Default: Blocking Default Blocking default shall mean a Software Default that prevents all Registered Users from using the LMS. This could be a server hardware issue, a global outage, or a deployment issue. Major Default Major default shall mean a Software Default that prevents a majority of Registered Users (over 50%) from using one or more functions of the LMS. Users can continue to work on the majority of other functionalities and may use workarounds for defective features while waiting for a resolution. The overall operation of the LMS is not completely affected. Minor Default Minor default shall mean any Software Default other than a Blocking Default or a Major Default is preventing some Registered Users from using the LMS or using a Software function. OP -01878993 J MG 1-12-15 Infor LMS Order Form (March 2014) Page 9 of 17 3. Level of Urgency: Urgency This is a qualification of the bug within the Licensee context. It helps identify the level of urgency and special attention required for the fixing of the defects. Level of Urgency: Time to acknowledge High This level of urgency has a high disturbance on Licensees business processes and set objectives. For example, on a set and communicated date, the Licensee has a product launch and many people are targeted or the Licensee has established a deployment date where many departments are expecting. In this case, the following features could be considered as important features to fulfill the objective: > The ability to use LMS CC to create courses and to publish them to the server. The ability for users to access their enrolled or available curriculum / courses. ➢ The ability for an Administrator to set up curriculum/courses and assign them to individuals or groups. > The ability to import SCORM and AICC courses. Medium This level of urgency does not prevent Users and / or Administrators from accessing or configuring the most important functionalities. However, certain features could malfunction preventing the Licensee access to nominal levels of automation and be forced to use a degraded mode of operation. This situation concerns functions such as: • Some system notifications are not being received. • Reporting data accurate in most areas, but not all. • Certifications cannot be printed. • The Search function is slow or does not show the required result Low This level of urgency does not cause any impact on Licensees operations. Any situation considered as cosmetic or somewhat limiting in nature. Software Defaults: Priority Level Default Type Level of Urgency Time to acknowledge Time to restore in business hours* 1 Blocking Default High Within one business hour Within 24 business hours 2 Major Default High Within three business hours Within 72 business hours (For Content Creator issues — 5 business days) 3 Major Default Medium Within 3 business hours but shall not exceed 24 hours or the next business day if a weekend. Within 15 business days 4 Minor Default Low Will vary with the Support Package purchased by the Licensee, but shall not exceed 24 hours or the next business day in the case of a weekend or holiday. Commercially reasonable efforts to restore within the next monthly update, unless agreed for a later restoration with the Licensee, which agreement will not be unduly withheld. * Excludes time to replicate the Default and assumes that Licensee provides adequate information to replicate the Default; and if the Licensee hosts the Software, the Licensee provides timely access to Licensee's servers to replicate the Default, or enables Infor to replicate the exact Licensee environment on its servers at Licensee's expense. OP -01878993 J MG 1-12-15 lnfor LMS Order Form (March 2014) Page 10 of l7 Technical Support Resolution Process Customer inmates Technical Support Request (phone, email, Online Center) TSE reviews the support case details and investigates TSE provides resolution to customer Case is escalated to Tier 2 Support Level Case is escalated back to Tier 2 support and process is repeated until it is resolved OP -01878993 ,1MG 1-12-15 Infor LMS Order Form (March 2014) Yes Yes TSE contacts customer to get more information TSE documents case details and doses the case TSE provides resolution to customer, documents details and doses Case TSE = Technical Support Engineer Page 11 of 17 Production and Staging Environments The LMS installation consists of two production sites and one staging site. • Live Site (View Server) — This site hosts live courses and Registered Users access this site for their learning needs. • Course Development Site (Edit Server) — This site is used for the development and testing of courses. • Staging Site — This site is used for defect verification and approval of Software hot fixes. Deployment Process for Licensee Reported Software Defaults 1. The Licensee reports a Software Default to Infor Support. 2. Infor Support reproduces the default and escalates to Infor Development; a. The default is reproduced in the Staging site; it is logged and assigned to the Infor Development team b. Infor personnel may require the Staging site be replicated with data from the Live site as needed to troubleshoot the default. Typical turnaround time is one business day. 3. Infor Development corrects the defect and provides fix to Infor QA; a. The development team fixes the defect and a hot fix package is created b. The hot fix package is deployed to a QA environment for regression testing c. The hot fix package is approved by Infor QA. 4. Infor Support validates the hot fix package and notifies the Licensee; a. The hot fix is deployed to the Staging site and is validated again by Infor Support b. Once the hot fix is validated on the Staging site, the Licensee is notified that the hot fix is available c. The Licensee is required to review the hot fix on the Staging site and approve deployment to the Production environment. Level 3 Support Services Infor offers services beyond the scope of Support which are available at an additional cost or pursuant to a mutually agreed Software Services Agreement and Statement of Work. The following is list of typical Level 3 support requests: • Ad Hoc Report consulting • Instructional design consulting • Course development • New implementation projects and/or configurations beyond the initial Software rollout • Development of multimedia and graphics for Portals and/or course content • Customizations and/or new feature development within the Software • Integration projects involving but not limited to Web Services or the HR Integration Utility • Troubleshooting of client -created flash templates • Creation of custom reports and/or reporting views • Software use training Support Contact Information Professionals designated by the Licensee can submit their Support incidents in the following manner: • By logging in to the Infor Xtreme Portal at http://www.inforxtreme.com for all Support Packages • By calling Infor Global Support at 1-877-772-4111, Monday through Friday - reserved for Plus and Premier Packages only. For a detailed listing of all support numbers visit http://www.infor.com/contact/ OP -01878993 JMG 1-12-15 Infor LMS Order Form (March 2014) Page 12 of 17 Individuals authorized to submit support requests to Infor The following individuals are authorized to submit support requests to Infor (Please fill in full name and title) Licensee contact Licensee contact Licensee contact Holidays: Infor Support will not be available during public holidays in the U.S. Generally, holidays falling on the weekend are observed on the Monday of the following week. • New Year's Day • Memorial Day • Independence Day • Labor Day • Thanksgiving Day / Day after Thanksgiving • Christmas Day Tracking Support Cases: Infor will communicate the status of cases on a frequent basis. Named individuals of the Licensee will have access to Infor's Xtreme Support portal at https://www.inforxtreme.com which is available 24 hours a day, 7 days a week to track the status of incidents for all Support Packages. The Licensee will also have access to the the LMS Knowledgebase and Documentation Library on this site. OP -01878993 JMG 1-12-15 Infor LMS Order Fonn (March 2014) Page 13of17 Appendix 1- Level 2 Support Packages Technical Support Sec\ices "How To" / Informational Cases • Licensee poses a question or requests clarification on a single tonic or a feature of the Software • Maximum of 30 minutes per case • Each 30 minute "How To" case counts as one (I) Support Credit. If more time is required. additional support credits can be applied. Software Default Cases • A Default Case is a fully documented single default reported by the Licensee with adequate information to enable Infor to replicate the default internally in the environment conforming to the User System Requirements. Resolution of such case may involve several interactions between the Licensee and the support group. • Infor shall fix defaults determined to be the Software Defaults at no charge to the Licensee. • Fixes for defaults other than Software Defaults will be deemed Services subject to an SOW and billed accordingly. • Maximum of 60 minutes per case. • Each 60 minutes counts as two (2) Support Credits. If more time is required, additional support credits can be applied. Hosting Services Default • Infor hosting environment is down i.e. LMS is not available Services: The following services are not Level 2 "How to" or "Software Default" cases and will be billed in hourly increments at an hourly rate to be agreed upon in writing prior to provision of such services. Services that are not Level 2 include, but are not limited to: • Client requests for conference calls and live meetings other than status called covered by support packages purchased by the licensee • All Level 3 Support - troubleshooting issues other than "Software Defaults" • Request for Ad Hoc Report creation • Request for content changes to a LMS or SCORM/AICC course • Troubleshooting courses created by parties other than Infor • Editing of multimedia and graphics files for inclusion within any LMS component • Request for data manipulation • Request made for database backup retrieval and/or data restoration OP -01 878993 JMG 1-12-15 Infor LMS Order Form (March 2014) Page 14 of 17 Standard, Plus and Premier Services Methods to open ticket Online 24 x 7 Technical Support Center Access -- to submit tickets, access FAQ's and Knowledgebase, download documentation # of Support Incidents Included: - How To Cases (up to a 30 minute case = 1 support credit) - Software Default Cases (up to a 60 minute case = 2 support credits) Standard Email / Online only Free PIus Premier Email /Online / Phone Free Email / Online / Phone Free Hours of Support: • Central European time zone One time zone is included in each support package. Licensees must designate one time zone on the Order Form. The Premier Support package includes one additional time zone for free. Time zones can be added for an additional charge of $2,500 per year. Designated Technical Support Engineer (TSE) Response Time in business hours • How -To cases • Blocking default cases • Major Defaults cases • Minor Defaults Priority Ticket Routing Weekly / Biweekly 30 minute Status Calls and / or pre -agreed reports Personalized Services: In addition to the Standard, Plus and Premier packages, customized support packages with tailored services and dedicated Technical Account Managers (TAM's) are offered. The TAM brings expertise in order to maximize the Software's benefits and implement best practices accumulated over 16 years of lnfor's experience. The TAM can assist with change management, serve as a technical advisor, assist with customizations, integrations, new features, web services, creation of ad hoc reports, SCORM/AICC support, HR utility issues, portal modification, competency management, etc. OP -01878993 JMG 1-12-15 infor LMS Order Form (March 2014) 24 credits Mon — Fri 9:00 am - 6:00 pm 9:00 am - 6:00 pm 9:00 am - 6:00 pm 9:00 am - 6:00 pm None 9:00 am — 5:00 pm Next business day 1 hour 3 hours Next business day None None 30 credits Mon - Fri 8:00 am - 5:00 pm 8:00 am - 5:00 pm 8:00 am - 5:00 pm 8:00 am - 5:00pm Included 9:00 am - 5:00 pm Same business day 1 hour 3 hours Same business day None Biweekly 30 credits Mon - Fri 8:00 am - 7:00 pm 8:00 am - 7:00 pm 8:00 am - 7:00 pm 8:00 am - 7:00 pm Included 9:00 am - 5:00 pm Within 2 hours 1 hour 2 hours Within 3 hours Included Weekly TAM Pricing: Note - each day is 9:00 am - 5:00 pm: with a one hour lunch. • Ad Hoc assistance at $1,750 per day • 5 day package - $1,500 per day • 10 day package - $1,400 per day • 25 day package - $1,200 per day • 50 day package - $1,000 per day Page 15 of 17 C. Hosting Services Description This Section C describes the Hosting Services environment currently provided by Infor in the United States. Infor reserves the right to select one or more alternate environments for the Hosting Services or move to another hosting location at any time. Upon request of Licensee, Infor will provide Licensee with additional detailed information regarding the operating environment from which the Hosting Services are provided. Hosting Services Infrastructure - The Hosting Services are supported by commercially reasonable redundant infrastructure including • Power infrastructure that includes redundant sources (multiple power feeds, generators, battery backups), multiple power distribution systems, and redundant power supplies; • Environmental controls that include highly available precision HVAC systems, humidity controls, and water detection systems; • Network infrastructure that includes multiple Internet Service Providers, redundant edge routers, firewalls, and switches; • Hardware and software redundancy in support of virtualized and physical servers; and • Storage solutions that provide redundant back end data storage. Infor maintains a disaster recovery site where Licensee's data is replicated on a regular basis. Technical Change Management — Infor maintains change management system to ensure review and controlled implementation of changes that Infor may make from time to time in the support of the Hosting Services. Changes require both a risk analysis and a peer review before being implemented in Infor's infrastructure. Security & Privacy — Infor takes great care to protect non-public information provided to us by our customers. Infor may have access to non-public information from multiple sources that include: Directly from use of one of Infor's hosted applications. Directly from a customer's designated service representative or indirectly via batch data transfers. • In the course of transactional activities as information is updated or processed by an Infor hosted application, or through data maintenance activities. • Other sources as defined by one of our solutions. Infor has implemented a defense -in-depth strategy to protect non-public information. This strategy is based upon best -practices designed to comply with applicable laws and regulations and is based upon widely accepted industry standards. Our security management system is based on the following: • • • • Security Policies: We require that all employees be responsible for the security of non-public information and follow the practices defined within the Information Security Management System. Information Security Organization: Infor's management is committed to security and has established an organization responsible for the security of non-public information. Asset Management: All assets are strictly controlled and all information is classified in order to determine the appropriate controls required for access and handling. Human Resources Security Practices: In the US, Infor conducts a comprehensive background check and screening at the time each employee is hired and requires that employees maintain familiarity and compliance with security responsibilities. When employees leave Infor, a formal process is established to remove their physical and virtual access to the Infor infrastructure. Physical and Environmental Security: Infor places critical components in physically controlled spaces with best -practices in place to secure infrastructure. Physical and environmental security measures include card and/or biometric access controls, and limited access to secure locations based on job function. Communication and Operations Management: Infor has implemented strong operational procedures to protect information. Our controls surrounding system planning, protection from malicious code, backup Subscription Order Form (US Oct. 2014) Page 16 of 17 processes, network security, media handling and exchange of information are constantly being analyzed and monitored to insure they provide reasonable protection for your data. Third party service providers with access to confidential information are required to adhere to security and privacy requirements that are consistent with and at least as restrictive as Infor's own policies and procedures regarding the protection of confidential information. Access Control: All access to systems, networks, and applications is controlled down to the user and resource level with role -based privilege techniques. This access is reviewed on a periodic basis to ensure that a change of personnel or a change of role has not modified the access needs of the individual. System Development: Security requirements of all applications that handle confidential information are defined early in the development stage. Appropriate data protection techniques are designed into the application while changes to developed software must go through a mature change management process. Incident Management: In the unlikely event of an actual or reasonably suspected security incident, our teams immediately begin work to identify the scope if impact, mitigate any exposure, determine the root cause of the incident and take appropriate corrective action. • Compliance: We are constantly analyzing the requirements of legal, regulatory, and contractual obligations to ensure we are abiding by the requirements that apply to the handling of your data. Scheduled Maintenance — The Hosting Services shall be subject to a regularly scheduled weekly maintenance window, Infor makes commercially reasonable efforts to establish maintenance windows during times that minimize impact to Licensee's users. While most of Infor's maintenance can be completed during regularly scheduled maintenance windows, from time to time maintenance must be performed outside of the scheduled maintenance windows to maintain the integrity and security of the Hosting Services. In such cases, Infor will provide Licensee's primary point of contact as much advance notice of the planned maintenance as is technically feasible. The regularly scheduled weekly maintenance windows and any period of unavailability due to maintenance for which Licensee is given at least 24 hours advance notice is considered "Scheduled Maintenance". Availability — Infor's goal is to provide access to the Hosting Services at lnfor's Internet gateway(s) twenty-four hours per day, seven days a week, except during Scheduled Maintenance. Infor's service level objective is 99.5% Availability measured on a monthly basis. Subscription Order Form (US Oct, 2014) Page 17 of 17 1. Statement of Work This Statement of Work ("Work Order or SOW") is subject to all terms and conditions of the Master Contract and Exhibit 5 to the Master Contract, the Software Services Agreement between Infor (US) Inc. ("Infor") and the City of Corpus Christi ("Licensee" or "City"), dated May 15, 2013 (collectively, the "'Services Agreement"). All terms of the Services Agreement are incorporated herein by this reference. Capitalized terms not defined in this Work Order are defined in the Services Agreement. In the event of a conflict, the terms of this Work Order control over the terms of the Services Agreement. 2. Project Scope Infor's Services effort for the project described in this SOW is based on information given to Infor by the Licensee and the key assumptions detailed in this SOW. Any additional information or changes to the information provided may require revision of the level of Services effort required to complete the activities, the payment of additional fees by Licensee and is subject to Infor's standard change order process. If the Licensee fails to satisfy stated requisites or assumptions in this SOW, a change in scope, time, and cost may be required and result in a change order. 2.1 Proposed Infor Application Landscape Scope Licensee has licensed the following Component Systems from Infor. Infor will implement the products listed below to accomplish the scope as identified in this SOW. Learning Management Subscription Learning Management Ad -Hoc Reporting Subscription Infor Application Scope Key Assumptions: (1) For all applications listed above, each will be implemented with the latest generally available Infor or third party supplier software version at the time software delivery. The Licensee intends to implement the Infor solution using industry standard best practices with no changes to the delivered source code. (2) The scope of the implementation for the Learning Management System (LMS) Subscription Solution assumes the following: • Infor will host the platform and data as a software as a service (SaaS) model. • The implementation is for up to 3,500 Licensee users. • English will be used for all project communications and documentation. • All required Licensee participants and subject matter experts will be available to share and review information as required in a timely manner. • Training will be based on standard Infor LMS training materials • Only one portal is included into the LMS baseline Implementation • Any out-of-the-box integration interfaces included into the project scope will be configured and tested by Infor. No modifications to the standard interface implementation or other additional development effort are included into the scope of the project. • Minimum version requirements for LMS integration with Talent Management will be met prior to the LMS implementation start: Infor Statement of Work © 2013 1 (3) o Talent Management 10.1.0.3 and higher o Landmark Technology 10.0.4.4 and higher • Training and documentation on Ad Hoc Reports module will be provided by Infor. However, development of specific Ad Hoc reports based on Licensee's requirements is not in scope of this project. • Infor will provide a training history data template to the Licensee. Licensee will be responsible for providing training history data in required format. Infor will perform training history import and provide Licensee with the import error log. • Upload of legacy SCORM and AICC content, if required, will be performed by the Licensee with Infor guidance. • End users have basic computer literacy and web skills and are comfortable working on the web. • All parties will adhere to mutually agreed personnel and resource availabilities, timelines, reviews and approval lead times. • Only one instance of each meeting / work stream is included into the scope of the project. If Licensee requires multiple instances of any of the project deliverables due to phased roll-out, a Change Request will be issued. There is a single Project Process Team, and the Business Processes and logic will be the same across the Licensee's organization, i.e. there are not multiple process teams implementing different business processes across multiple sites. This would impact the number of prototype versions and time required to define structures, as well as training time, testing time and post go live support. (4) LMS Work Task Descriptions and additional assumptions are referenced in Appendix A. 2.2 Organizational Scope Organizational Scope Project Requisites: 1. The Organizational Scope will be configured to include 1 (one) production database for any Infor application solution product. Multiple staging databases exist to support project implementation activities such as development, testing and training. 2. Software business process configuration across all entities will be consistent. 2.3 Geographic Scope The following Licensee locations are included within the scope of this Project ("Geographic Scope"). The Project office will be located at: • Single location designated by the City of Corpus Christi, prior to project initiation 2.4 Data Migration and Conversion Scope "Data Migration and Conversion" refers to any efforts associated with the analysis, cleansing, loading and reconciling of current or historical data from other systems into Infor systems, whether by manual or programmatic methods. The following sections detail the activities, responsibilities, assumptions, and scope with respect to the data migration and conversion tasks included in this Project. Data Migration and Conversion Scope Infor Statement of Work © 2013 2 Data Migration and Conversion scope and deliverables will be mutually agreed upon, and Infor has included up to 40 hours of data migration and conversion development services for the activities below within the Fixed Fee. Data Migration and Conversion requirements are subject to change following business process survey, design, and prototyping activities. All Services for conversion activities will be provided remotely. Data Migration and Conversion Activities The Data Migration and Conversion activities listed below for either Licensee Responsible or Infor Responsible Data Migration and Conversion Scope (as applicable) are within the scope of the Project ("Data Migration and Conversion Activities"). The Infor consultants will support the Licensee Data Migration and Conversion Activities as defined below. Licensee and Infor Responsible Data Migration and Conversion Scope The Data Migration and Conversion Activities below, for the Licensee Responsible Data Migration and Conversion Scope, are included in the scope of the Project. �.• to Conversion Item laments Training Licensee in data migration tools Training History Training History for Employee Accounts All Accounts in production GHR server Extract data from legacy applications Training Content SCORM and AICC training content Active Content Only Data Migration and Conversion Activities The Data Migration and Conversion activities listed below for either Licensee Responsible or Infor Responsible Data Migration and Conversion Scope (as applicable) are within the scope of the Project ("Data Migration and Conversion Activities"). The Infor consultants will support the Licensee Data Migration and Conversion Activities as defined below. Licensee and Infor Responsible Data Migration and Conversion Scope The Data Migration and Conversion Activities below, for the Licensee Responsible Data Migration and Conversion Scope, are included in the scope of the Project. Infor Statement of Work © 2013 3 Training Licensee in data migration tools Infor Licensee attends training Infor will train the Licensee's IT staff on the use of the Infor data migration tools. Training courses will be delivered as defined in the Learning Scope section of this SOW. The Licensee's conversion personnel have the competency and requisite skills to be able to understand the Infor tools and methods. Extract data from legacy applications Licensee All activities involved in getting data from existing Licensee systems into the appropriate data cleansing tools. The Licensee has the tools and the competency to execute this data responsibility. Conduct data migration workshops Infor Licensee participates Cross functional workshops to define the data migration process and mapping required. Both Licensee functional and technical resources participate in the workshops. Infor Statement of Work © 2013 3 Infor Statement of Work © 2013 4 Develop migration strategy and process description Infor Licensee review A deliverable from the data migration workshops. It defines how the migration and conversion process is going to be managed and which routines will be used. Data Migration Workshops are completed by application suite, such as Finance, Procurement, HR, etc. Data Migration Workshops average 1 week for each application suite. The Licensee has suitably qualified personnel that have experience and knowledge of the existing legacy systems. Infor personnel will provide knowledge and documentation of Infor data mapping structures, and conversion tools. . Develop data migration / conversion plan Licensee Infor participates Data conversion Project plan containing tasks, duration, resources, and schedule. Infor will validate the data conversion plan. The Licensee has been trained on the Infor applications. The Licensee has validated the legacy data to be converted. Perform data cleansing and rationalization Licensee Infor provides advice and guidance All data fields will be reviewed by the appropriate qualified Licensee business owner to ensure that the data is accurate and meets the business requirements. The Licensee will be advised at the appropriate time in the Project plan to be able to make good decisions on the data cleansing requirements. Data cleansing activity timing will be based on the Licensee's understanding of the new application. Document data mapping requirements Licensee Infor participates Data mapping documents are developed to provide specifications for field mapping and translation from the legacy system (or staging) tables to the Infor tables. The Licensee's business analysts have the required knowledge of both their legacy systems and Infor applications to perform the required mapping. Design migration / conversion routines Licensee Infor participates Technical design documents for the conversion routines are created based on the data mapping requirements and migration strategy. Completed and approved data mapping documents are a required input to this activity. Changes to the data mapping requirements or migration strategy will impact completed or in process design work. Develop data migration / conversion routines Licensee Infor participates Programming and unit testing of the migration / conversion routines. Test load sample data Infor Sample tests will be done as early as possible to help ensure the end to end process is working. There is a test environment for data migration available with master configuration tables set up. Error reports/logs are provided to support any outstanding data cleansing and rationalization Test data within critical business processes Licensee Infor participates Process Owners will test the critical business processes using sample data during the Acceptance test. Infor to provide sample test scenarios and test scripts to facilitate. The Process Owners have been trained in the Infor application. Perform full migration systems test Licensee lnfor participates All data will be migrated to ensure performance is measured. The testing requirements and process will be determined by the test plans. Infor Statement of Work © 2013 4 Perform live migration Licensee Infor participates Live data migration. There is a contingency plan. Data Migration and Conversion Key Assumptions: 1. Data Migration and Conversion into the Infor system is in a single format from the legacy system. 2. Data Conversions are limited to the requirements defined in this Statement of Work. Any additional requirements will be scoped and estimated separately and are not included in the services estimates in this Statement of Work. 3. Up to 3 (three) data conversion test cycles and 1(one) production data conversion cycle are assumed per Project Stage. If mutually agreed between the Licensee and Infor, additional data conversion cycles may be added. 4. Infor will determine the best approach for loading legacy data into the Infor system. 5. The designated City resources will determine the best source for data elements, if multiple programs store the same data element and/or type of data. 6. The Infor system production database will only be populated with real data from the identified source systems. 7. The City is responsible for any data cleansing that may be required to assure the accuracy of data within the source systems. The source systems represent the sources from which the data extraction specialists will extract and load data into the underlying Infor System database. If these sources contain inaccurate data then these data inaccuracies will also exist in the Infor system database. 8. Infor will provide the City with Infor data (flat file) layouts, guidance and work mutually with City to map data from the legacy system to Infor. 9. The City is responsible for all manual data entry that may be required to load data from current manual systems. 10. The Infor standard Application Programming Interfaces (APIs) will be used to load data. 11. Code promotion and deployment between environments and product lines is the responsibility of the City and must be performed in a timely manner as agreed to during Project planning. Code promotion and deployment tasks between environments and product lines will be performed by City Administrators or Infor Application Managed Services as directed by the City. 12. The City is responsible for correcting errors in the data reported by the conversion routines. 13. The City is responsible for ensuring that all converted and integrated data is accurate, and will be responsible for data validation efforts associated with all testing. Data Migration and Conversion Project Requisites: 1. Infor data mapping and conversion applications will be used for electronic conversions. 2. The Licensee will manage all Data Migration and Conversion Activities with Infor participation and support. 3. The Licensee is responsible for correcting errors in the data reported by the conversion routines. 4. The Licensee is responsible for performing manual data entry where required. 5. The Licensee is responsible for ensuring that all converted and integrated data is accurate and is responsible for data validation efforts associated with all testing. 2.5 Development Scope "Development" refers to any efforts associated with building software customizations, interfaces, reports, workflows, alerts, and providing other customized access to Infor application data. Development requires the involvement of skilled resources familiar with the Infor application Infor Statement of Work © 2013 5 development or business process management tools. The Infor Stepwise methodology is used to manage all Development activities and deliverables. The following sections detail the activities, roles, responsibilities, assumptions, and scope with respect to the Development tasks included in this SOW. Development Assumptions: 1. Performance (volume) testing of Development deliverables is the Licensee's responsibility. 2. The Licensee's Project team is responsible for the preparation of all End User related manuals, documentation, and training for all Development deliverables. Infor provides a basic End User template. The City will provide detail and content for End User related manuals which is specific to the City. 3. The Licensee's Project team has technical knowledge of the existing legacy systems. Any support needed from other company personnel will be available to the Project team in a manner that will not detrimentally impact the Project timeline. Development Project Requisites: 1. Infor will have remote access to the Licensee's network and systems as necessary to support the planned Development activities. 2. The Licensee has licensed the Infor applications required to perform the Development activities. 3. Code promotion and deployment between environments is the responsibility of the Licensee's directed services or resources and must be performed in a timely manner as agreed to during Project planning. 4. All Development work will be performed on the Licensee's development environment or as mutually specified and agreed with Licensee and Infor. 5. Documentation associated with Development activities will be stored in the Project's StepWise database; e.g. specifications, test plans, approvals, etc. or in a central document repository as mutually agreed Customizations "Customizations" refer to the personalization of delivered Infor software objects or the creation of new software objects using the Infor application development tools. No customization or changes to Infor source code are included in the scope of this work order. Interfaces "Interfaces" refer to those objects that allow data to periodically move either into or out of the Infor applications. Interfaces are defined by the business processes they facilitate, the points during those processes where data is exchanged, the frequency the data is exchanged, and the system method by which data is exchanged. Interface Scope The Interfaces identified below are within the scope of the Project ("Interface Scope"). Interface development scope and deliverables will be mutually agreed upon, and Infor has included interface development services for the activities below within the Fixed Fee. The Licensee will have access to Infor's APIs, application messages, design tools, database templates, and table layouts, subject to the scope of the license agreement. Interface requirements are subject to change following business process survey, design, and prototyping activities. Remote development is assumed for interface activities. Licensee resources will participate in development per identified project participation. Interface requirements will be validated. Infor Statement of Work © 2013 6 qt IL© � , ._ ,..-1-D scrptiRIL_ ,_- Source li tE !fay.; Target plication Interface Direction Infor Infor Talent Management — The Licensee's IT staff has the competency and requisite skills to understand the tools and methods. Project management Infor Performance Management Module The responsible resource has experience in development project management and packaged software implementation. Develop functional design specification 1 • Organizational Unit / Levels Learning Develop technical design specification Infor • Employee Lawson Talent Management • Actor / User Management System Inbound Learning 2 Learning Management System Management Lawson Talent • Course System Management Inbound Infor Talent Management Learning 3 • Employee Development Activity Lawson Talent Management Inbound / • Course/Event User Completion Management System Outbound Interface Activities The Interface activities below, for either Licensee Responsible or Infor Responsible Interface Scope, are included in the scope of the Project (collectively the "Interface Activities"). Infor Responsible Interface Scope The Interface Activities below, for the Infor Responsible Interface Scope, are included in the scope of the Project. Infor Statement of Work © 2013 7 Infor Interface/integration tools training Infor Training as defined in the Learning Scope section in this SOW. The Licensee's IT staff has the competency and requisite skills to understand the tools and methods. Project management Infor Monitor and control interface development activities. Operate as the liaison between the functional and technical teams. Perform quality assurance. Record and track issues and drive to resolution. The responsible resource has experience in development project management and packaged software implementation. Develop functional design specification Licensee Infor provides advice and guidance Definition and documentation of the business processes and corresponding inputs and outputs related to the interface. Infor involves qualified Licensee personal that have experience and knowledge of the Licensee business and existing Licensee systems. Develop technical design specification Infor Creation of a design specification documenting how the Licensee defined business requirements will be addressed with the specific interface. The technical design will outline the interface approach, test plan, any specific application setup required, and any anticipated impact on the system to which LMS will be interfaced. The Licensee has approved the documented interface business requirements in the functional design specification. Related "to be" business processes have been defined and application prototyping has been completed to the point where technical interface specifications can be Infor Statement of Work © 2013 7 Interface Key Assumptions: 1. Interface requirements are subject to change following the Project business process survey, design, and prototyping activities. a. Interfaces are limited to the requirements defined in this Statement of Work 2. Infor and Licensee will mutually agree upon the best approach for the development of all interfaces for which it is responsible into the Infor system. 3. The designated City resources with advice and guidance from Infor will identify, capture and collect all business rules that must be applied to data in the extraction, transformation, and loading process. 4. The Infor standard APIs will be used to load data. Infor Statement of Work © 2013 8 defined. Approve specification Licensee Infor provides advice and guidance The Licensee will review the technical design specification with Infor, and agrees that the technical design will correctly deliver the specified functionality. All interface assumptions will be discussed and agreed upon. The Licensee approves by signing the technical design specification document. The Licensee has understood and signed off on the technical design specification. Develop Infor Interface objects are created and/or customized according to the technical design document. The Infor technical consult will use LMS API's, unless otherwise specifically discussed with and approved by the Licensee. A complete and accurate technical design document has been developed. Perform unit test Infor Unit testing involves executing the unit test specification to confirm that the functionality complies with the interface specifications. Issues are corrected by the developer. Unit testing does not consider the impact of the interface on any other business processes. Unit testing is typically performed by the same person that develops the interface. Deliver Infor Deliver the system objects applicable to the interface to the Licensee. All programming required to refit software objects previously modified is the Licensee's responsibility. Perform acceptance ' test Licensee Infor provides advice and guidance The Licensee performs testing to confirm that the interface operates as indicated in the design specification. Issues are documented and reported to the Infor development team for correction. Infor is responsible for issue resolution. The Licensee accepts and signs the release form to move the interface into a production environment once all issues are resolved. Acceptance testing of interface is performed in a test environment with Licensee data representative of production. Interface Key Assumptions: 1. Interface requirements are subject to change following the Project business process survey, design, and prototyping activities. a. Interfaces are limited to the requirements defined in this Statement of Work 2. Infor and Licensee will mutually agree upon the best approach for the development of all interfaces for which it is responsible into the Infor system. 3. The designated City resources with advice and guidance from Infor will identify, capture and collect all business rules that must be applied to data in the extraction, transformation, and loading process. 4. The Infor standard APIs will be used to load data. Infor Statement of Work © 2013 8 5. Code promotion and deployment between environments and product lines is the responsibility of the City directed services or resources and must be performed in a timely manner as agreed to during Project planning. 6. The City is responsible for correcting errors in the data reported by the interface routines. 7. The City is responsible for ensuring that all integrated data is accurate, and will be responsible for data validation efforts associated with all testing. Interface Project Requisites: 1. Infor standard integration tools will be used for interface development, 2. All Infor interface Services cover data directly entering or leaving the Infor database. All interface development to non-Infor software is excluded from scope of this SOW. 3. Infor will utilize global service centers and/or local resources as required for Infor interface activities. Business Process and Report Management Business Process development (workflow) scope and deliverables will be mutually agreed upon. This scope of work includes no Business Process development services for the activities below within the Fixed Fee. Report development scope and deliverables will be mutually agreed upon and Infor has included up to 20 hours of training and documentation on LMS Ad Hoc Reports module within the Fixed Fee. Development of specific LMS Ad Hoc reports based on Licensee's requirements is not in scope of this project. Infor Responsible Business Process and Report Management Scope The BPRM Activities below, for Infor Responsible BPRM Scope, are included in the scope of the Project. Project management Ad Hoc Report Workshop Deliver Infor Licensee Infor Monitor and control Project activities. Operate as the liaison between the functional and technical teams. Perform quality assurance. Record and track issues and drive to resolution. Attend work shop of LMS Ad Hoc reports and documentation The Infor consultant will provide LMS Ad Hoc Report software guidance to the Licensee developer. The responsible resource has experience in report development project management and packaged software implementation. The Licensee involves qualified personnel that have experience and knowledge of the business and existing systems. Ad Hoc Report Workshop attendance is documented and has been successfully completed Business Process and Report Management Requisites: 1. The Licensee and Infor will utilize standard Infor applications licensed by Licensee to develop BPRM deliverables. There will be no changes to delivered and installed Infor business logic or source code. Infor Statement of Work © 2013 9 2.6 System Administration Scope System Administration Scope "System Administration" refers to the administration and maintenance of the Infor technical environment. Activities include but are not limited to: product line management, user administration, and operations support (collectively the "System Administration Activities"). System Administration Activities The Licensee has requested that lnfor provide remote System Administration support (i.e., Infor system administration,) to the Licensee project team for the duration of the Project. Remote support is related to the system administration activities of the lnfor environment as listed in the System Administration Activities table below. Infor (PM, TPM or System Consultant) and the Licensee Project Managers will coordinate any changes that will affect the environment or application. The following System Administration Activities are included in scope of this Project. User enrollment Licensee Infor provides advice and guidance Infor has provided Security Administration training as defined in the Learning Scope section of this SOW. Define and administer all user accounts. Menu creation / maintenance and assignment to user profiles. Licensee Infor provides advice and guidance Customization of menus for specific users/user groups and roles. Infor has provided System Administration training as defined in the Learning Scope section of this SOW. Schedule jobs Licensee Infor provides advice and guidance The scheduling of batch jobs to run during non- peak hours. Infor has provided System Administration training as defined in the Learning Scope section of this SOW. System Administration Assumptions 1. The Licensee is responsible for providing helpdesk services to their end-users. 2. The Licensee's environment is assumed to have 2 instances of the Infor application solution. Responsibilities: Infor and the Licensee will be responsible for the following activities related to System Technology: Infor: 1. Provide advice and guidance to the Licensee for the development of the StepWise deliverables related to the Licensee's IT system administration of the Infor application. Licensee: Will direct services or resources for: 1. System Administration related to user security and administration and helpdesk. Infor Statement of Work © 2013 10 2.7 Project Learning Scope Learning Scope The Learning Scope below lists training for the project team and end users (as applicable) that is, included in scope of this Project. Project Team Training The following project team training is included in scope of this Project. Up to 14 Licensee attendees may attend these on -premise training sessions: LMS administration functionality learning workshop ► 2 days ► An overview of the Infor Learning Management System application administration Learning Project Requisites: 1. Project team and end user training are based on the approach, responsibilities and scope as defined in the Learning Scope section of this SOW. 2. All project team training is limited to a maximum of fourteen (14) Licensee participants. 4. Licensee site training, where applicable, will take place at Licensee location identified in Section 3.3. 5. For Licensee site training, the Licensee will provide training accommodations and facilities including at least one computer for every two participants; a computer for the instructor; Infor User Interface loaded on each workstation with access to the Infor Remote Application Server or have downloaded training data onto each workstation; printer access from each workstation; white board with markers; flip -chart with markers; and computer projector. Learning Project Assumptions: 1. lnfor to provide Licensee with training agenda, including anticipated participants, at least 1 week in advance of training. 2. All Learning Workshops and Private Labs are held on -premise at Licensee location. 2.8 Go Live Services Scope "Go Live Services" are all the lnfor Services required to support the Licensee Go Live and post Go Live for the period of time and applicable application suite(s) described in the table below. "Go Live" is defined as the first time an Infor module in the lnfor Application Scope section of this SOW is available to process a Licensee transaction for live production purposes. Go Live Services will terminate under this SOW based on the earlier expiration of a) the table below for the Project Stage, or b) 45 calendar days after the first Go Live day for the Project Stage. Stage 1 Learning Management Go live support is budgeted for the first one (1) week of live operation. Infor Infor resources are assigned by the lnfor Project Mane er. Su ort will Infor Statement of Work © 2013 11 System be provided on-site. It may be provided remotely if mutually agreed at the discretion of the Licensee and Infor Project Managers. Additional Go Live Services Requisites: 1. If the Licensee is not ready to Go Live upon completion of the Services described in this SOW, additional Services and training may be required ("Additional Work"). Any Additional Work will be managed by Infor's standard change order process. 2. The Infor Project Manager will work together with the Licensee Project Manager to develop a joint post Go Live support resource plan. 3. Licensee Process Owners and Key Users will provide first line support to Licensee End Users. 4. Infor consultants will support the Licensee Process Owners and Key Users with resolution of process questions and provide Infor application assistance where required subject to the Go Live consulting hours above. 3. Implementation Strategy The estimated effort for the activities described in this SOW is based on the implementation strategy described in this Section. Infor proposes an estimated project schedule for LMS as a 6 month timeline. Infor assumes an estimated project start date on or about March 1, 2015. This date is negotiable based upon finalization of contracts, City and Infor resource availability, etc. The Parties both acknowledge that there is another on-going project that may affect timelines and Licensee resource availability. The preliminary timeline is estimated based on the assumed availability and commitment of City resources for the project and support. The Project start date will be mutually agreed upon by the Licensee and Infor. Together the Infor and Licensee Project Managers will develop a mutually defined Project plan to be shared with the Project team during the Project kick-off event. ii;=ii,tair 2015 (Jan —Dec) Implementation Strategy Requisites: 1. Licensee will ensure that all business process requirements are included in the Final Beta Prototype. The Final Beta Prototype is refined to complete the Licensee's configuration, including all processes as listed in the Business Process Scope section of this SOW. During the Project's Establish phase Infor will configure the Infor applications to support the business processes listed in the Business Process Scope section of this SOW. 2. Licensee is responsible for deployment of the Infor applications to all Licensee locations that are not identified as being within the scope of the Project in this SOW. The proposed LMS implementation estimates a six (6) month implementation inclusive of post live support with all products expected to be deployed by the end of month four (4). Within the six (6) month timeline, Infor is assuming several factors, including cooperative teamwork between City executive management, business owners, users and IT, in addition to a major focus on City Infor Statement of Work © 2013 12 ownership of data cleansing/conversion, training, organizational change management and testing. These tasks, activities and cooperation must be in place to help reduce risk, ensure a collaborative Project environment and achieve a successful implementation. 4. Project Implementation Methodology The Licensee and Infor mutually agree to utilize the StepWise implementation methodology to manage the Project. 4.1 Stepwise Methodology Activities The Infor StepWise methodology will be used throughout this Project. An overview of the StepWise methodology is presented below. Infor StepWise Methodology Protect Management Processes & Structures J People IT Environment DEFINE ESTABLISH EXECUTE Define Project Define Solution Define Change Define IT Environment Mana Proj Establish Solution Establish Change Establish v IT Environment Realize Solution Support Change Support IT Environment The methodology is divided into three phases (Define, Establish and Execute). Each of these phases is briefly described below. Define Phase The objective of the Define phase is to describe the solution to be implemented and delineate what the project will contain. The Define phase is part of the sales process and its main objectives are to provide consensus on what the solution will offer and how the project will be performed. Establish Phase The objective of the Establish phase is to deliver a solution that has been tested by the Licensee. The solution includes interfaces to internal and external systems, documents, reports, and Licensee enhancements (if any). During this phase the project team builds and refines the solution using a structured, iterative process. Project members are oriented and trained to use the software to help ensure the successful completion of the project. IT activities include installation of hardware and software as well as providing training and support for Licensee IT staff. Infor Statement of Work 0 2013 13 Execute Phase The objective of the Execute phase is to prepare the solution and the Licensee for a successful go live. During this phase, training for end users is provided. The project is considered officially closed when Infor has fulfilled its contractual obligations as defined in this statement of work. At the conclusion of the project, the Infor Project Manager will transition the Licensee to Infor's support organization to ensure consistency and continuous improvement of the implemented solution. Project Database Infor will establish a project database for project issues and all project documentation, such that it is readily accessible by the project team. This SharePoint database will be hosted by Infor. Access to this database for City users will be via an internet browser. The database will be used to: • Enter and track issues • Manage deliverables • Stores StepWise methods and tools • Facilitate team collaboration The project database is used for storing project templates, completed Project Status reports and other project documentation for reference. Implementation Methodology Requisites: 1. Project transparency and communication channels will help support the success of this Project. Infor assumes a schedule of management meetings with 1) the Licensee Project Steering Committee every month and 2) the Project's management team at least once every week. 5. Estimated Project Schedule Infor will develop a detailed Project Plan that details both Infor and Licensee's responsibilities at the start of the Learning Management System Project. The Project Plan for Learning Management System should be in sufficient detail to specify the conversion, training, testing, acceptance, and live operation activities. Both Infor and Licensee will agree upon a mutually agreeable Project Plan for Learning Management System that will be submitted and approved by Licensee within thirty (30) days of the Effective Date of the Project Stage initiation. The Project Stage Project Plan will also include the criteria by which the software will be tested and accepted by Licensee. Estimated Project Schedule Additional Assumptions: 1. The estimated schedule assumes timely advice, decisions and execution by both Parties. Both Parties will make Project decisions within five (5) business days of an issue being raised to that Party. Delays by either Party can impact the Project schedule and may result in a change order. 2. Both Parties will mutually define the project change control process, approvals and associated documents in conjunction with initial project planning. 3. In order to help meet the scheduled dates for the Project, Infor and Licensee personnel may be required to perform work outside of normal business hours. Estimated Project Schedule Requisites: 1. The Project start date is dependent on Infor's and the Licensee's resource availability and a mutually agreed upon start date. 2. The Licensee has assigned a full time Project Manager who will work with the Infor Project Manager to complete Project planning at the start of the Project. Infor Statement of Work © 2013 14 6. Project Deliverables The Project deliverables listed below ("Deliverables") are included in the scope of the Project, The Party designated in the "Primary Responsible Party" column has responsibility for all elements of the "Project Deliverable Definition", except for any element which is explicitly designated in the Project Deliverable Definition column as being the responsibility of the other Party. Any Infor effort requested by the Licensee to complete the Licensee's Deliverable(s) (i.e. Licensee is designated as the "Primary Responsible Party" in the column below for the Deliverable(s)) will be managed by Infor's change order process and will be in addition to the fixed fee. The Deliverable Acceptance Criteria indicates which specific Deliverable Acceptance Criteria will be used during deliverable acceptance. The list of Deliverable Acceptance Criteria is in the Project Budget section of this SOW. Deliverable Acceptance Criteria is only applicable to deliverables where Infor is the Primary Responsible Party. StepWise Establish Phase Project Deliverable ,. - • - , .. • Deliverable Definition erequisite Deliverable Primary Responsible Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference Project Project Schedule Estimated Infor Project Status Infor Project Project Schedule management will be performed on a level that is appropriate for monitoring of discrete activity status and percent completion. The Project schedule in this SOW Report Schedule Initiation Project Schedule will contain all activities that are required for the Project completion. Any task monitoring tools that are I utilized by Infor or by the Licensee (in addition to the Project Schedule), will have their task start and end dates matched with the Project Schedule and will be statused in conjunction with the appropriate activity in the Project Schedule. Assignment of Infor and Licensee Project team members will be at the lowest level of activity definition. Reasonable work estimates will be at the lowest level of activity definition. Project activity relationships Infor Statement of Work © 2013 15 Project Deliverable Project Deliverable Definition Prerequisite Deliverable Primary Responsible Party Document Control Deliverable I CCM lotion Deliverable Acceptance Criteria Milestone Reference (predecessors / successors) will be defined. Training for Project Team Members - Technical Infor technical training is delivered to the Licensee's Project team as defined in the Learning Scope section of this SOW. Infor Environments Established Infor Learning Plan Infor TrainingNVork shop Deliverables Team Learning Initial Project 1 Team Training - Functional lnfor application training is delivered to the Licensee's Project team as defined in the Learning Scope section of this SOW. Project Schedule lnfor Learning Plan Infor Training/Work shop Deliverables Team Learning Initial Beta Prototype The installed Infor database is updated with Licensee data to establish the first Licensee configuration ("Prototype") according to the scope in the Business Process Scope section of this SOW. The Prototype and Test Plan is prepared to specify the initial Licensee testing scope. Infor Environments Established Infor Prototype and Test Plan Infor Configuration Deliverables Initial Beta Prototype Initial Beta Prototype Test Cases Infor will train the Licensee's Project team once on how to write test cases. Define and identify Licensee data and test cases required to test the LMS Initial Beta Prototype. Infor Consultants validate the completeness of the Licensee test cases. Run the test cases and record the test results. Project Schedule Licensee Prototype and Test Pian N/A Initial Beta Prototype Initial Job Instructions Infor provides published LMS job Solution Training for Licensee Prototype and Test Plan N/A Initial Beta Prototype Infor Statement of Work O 2013 16 I Project Deliverable Project Deliverable Definition instructions and user guides. Initial end user guides describing how to operate the Licensee business processes are tailored by the Licensee Process Owners and Key Users throughout the different Prototype versions. Prerequisite Deliverable Project Team Members — Functional Primary Responsible Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference Beta Prototype version The Prototype is refined to complete the Licensee's configuration, including all processes as listed in the Business Process Scope section of this SOW. The Prototype and Test Plan is updated to reflect the status of the LMS Prototype. Solution Training for Project Team Members — Functional Infor Prototype and Test Plan LMS Configuration Deliverables Final Beta Prototype Beta Prototype Test Cases version Define and identify additional Licensee data and test cases required to test the LMS Beta Prototype version Infor consultants validate the completeness of the additional Licensee test cases. Run the additional test cases and record the test results. Initial Beta Prototype Test Cases Licensee Prototype and Test Plan N/A Final Beta Prototype Final Beta Prototype The Final Beta Prototype version is refined to complete the Licensee's Prototype. The Prototype and Test Plan is updated to reflect the status of the LMS Prototype. Beta Prototype version Solution Training for Project Team Members — Functional Licensee Prototype and Test Plan Infor Configuration Deliverables Final Beta Prototype Final Beta Prototype Define and identify additional Licensee Beta Prototype Licensee Prototype and Test Plan N/A Final Beta Prototype Infor Statement of Work © 2013 17 Project Deliverable Project Deliverable Definition Prerequisite Deliverable Primary Responsible Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference Test Cases data and test cases required to test the LMS Final Beta Prototype. Infor Consultants validate the completeness of the additional Licensee test cases. Run the additional test cases and record the test results. Test Cases version Approved Solution Infor leads the planning for Acceptance Test Acceptance Test performed according to the scope defined in the Prototype and Test Plan. Approves the Prototype according to the scope defined in the Prototype and Test Plan. Test cases are completed to record results of testing, Infor will correct identified application configuration issues. Final Beta Prototype Final Beta Prototype Test Cases Licensee Prototype Plan and Test N/A Acceptance Test Project Monitor and Control Infor's Project status report is regularly updated and distributed. The Project Schedule is regularly updated and distributed. The status of Project consumption of hours of service for Business Process and Report Development. Infor issues are managed. The Project risk register is updated to reflect responses Project Schedule Infor Project Status Report Infor Written Deliverables inclusive in all Milestones Infor Statement of Work © 2013 18 Project Deliverable Project Deliverable Definition to risk monitoring and control. Updates include: a. results of risk assessme nts and reviews b. results of corrective action taken to control risks Prerequisite Deliverable Primary Responsible Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference Steering Committee Meetings Meetings are held to review deliverable approval, consider change requests and monitor Project progress. Written Project status report is presented to the Steering Committee. Infor's Project Manager will provide written status input to the Licensee's Project Manager for inclusion in the written Steering Committee status report. Infor presents the Project quality assurance review report to the Steering Committee prior to closing each phase. Steering Committee makes the decision to move forward to Execute phase. Minutes are prepared that document the decisions made during the meeting. Project Schedule Licensee Steering Committee Meeting Minutes N/A Inclusive in all milestones Project Risk Register The Project Risk Register is created in the Establish Project Schedule Infor Project Risk Plan Infor Written Deliverables Inclusive in all Milestones Infor Statement of Work © 2013 19 Project 1 Project Prerequisite Primary Document Deliverable Milestone Deliverable Deliverable Deliverable Responsible Control Acceptance Reference System Definition the planning for Party Deliverable Criteria Plan Test Completion phase. The test is to secure the system performance before the End Users start using the system. The Licensee will report risks to the The test is performed by the Infor Project Process Owners and Key Users in a controlled IT environment with all migrated / converted data. Manager for tracking. Performance specific test cases are defined and used to support the test. Results are recorded in the systems test cases. StepWise Execute Phase Deliverable Deliverable Definition Prerequisite Deliverables Primary Responsibl e Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference System Test The Licensee leads Approved Licensee System Test NIA System the planning for Solution Plan Test System Test. The test is to secure the system performance before the End Users start using the system. The test is performed by the Process Owners and Key Users in a controlled IT environment with all migrated / converted data. Performance specific test cases are defined and used to support the test. Results are recorded in the systems test cases. Infor will provide Infor Software guidance for the Licensee's system tuning activities, subject to the hours budgeted for System Technology Services in the Project Budget section of this SOW. Infor will provide Infor application guidance to the Licensee Process Owners and Key Users, subject to the hours budgeted for Implementation Infor Statement of Work 0 2013 20 Deliverable Deliverable Definition Prerequisite Deliverables Primary Responsibl e Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference Approach of Implementation Services in the Project Budget section of this SOW. Finalized Job Instructions End User guides describing how to operate the Licensee's processes are finalized and distributed to the End Users. Approved Solution Initial Job Instructions Licensee Learning Plan N/A Production Readiness Solution Training for End Users Training to prepare the End Users in how to manage their respective functions in the LMS system. System Test Finalized Job Instructions Licensee Learning Plan N/A Production Readiness Full Scale Test The test is performed in an operational IT environment using a full operational database. This test is performed by each End User at their normal workplace in order to make the test as close to normal day-to-day operations as possible. Finalized job instructions are used to support the test. The focus is on evaluating the Licensee End User's ability to run the system. After the Full -Scale Test, a formal go/no-go decision is made regarding the Go Live. Infor will provide Infor application guidance to the Licensee Process Owners and Key Users, subject to the hours budgeted for Implementation Approach Implementation Solution Training for End Users Licensee Full Scale Test Plan N/A Full Scale Test Infor Statement of Work © 2013 21 Deliverable Deliverable Definition Prerequisite Deliverables Primary Responsibl e Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference Services in the Project Budget section of this SOW. Infor IT Environment Ready for Start-up Complete all open technical activities related to the IT environment before starting up the Infor Products. Complete the technical section of the Readiness Assessment Checklist. Approve that the Infor environments are ready to go into production. Approved Solution Licensee Readiness Assessment Checklist N/A Production Readiness Prepare and Go Live Infor prepares readiness assessment report for review by the Licensee. Infor will provide cut over planning guidance. The cut over tasks for Go Live are defined in the cut over plan and communicated clearly to the Licensee's organization. All cut over tasks in the Cut Over Plan are completed. Full Scale Test Licensee Prepare and Plan Go Live Checklist N/A Production Readiness Go Live Support End User support is provided by the Licensee's Project team ("First Level Support"). Infor provides application support to the Licensee's Project team ("Second Level Support") as defined in the Go Live Services Scope section of this SOW. All Infor Software issues are managed by Infor. Prepare and Go Live Infor Prepare and Plan Go Live Checklist Infor Written Deliverables Post Go- Live Support Infor Statement of Work © 2013 22 Deliverable Deliverable Definition Prerequisite Deliverables Primary Responsibl e Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference Project lnfor's Project Project Infor Project Status Infor Written Inclusive Monitor and Control status report is regularly updated and distributed. Schedule Report Deliverables in all Milestones The Project Schedule is regularly updated and distributed. LMS issues are managed. The Project Risk Register is updated to reflect responses to risk monitoring and control. Updates include: a. Results of risk assessme nts and reviews. b. Results of corrective action taken to control risks. Project Project evaluation Prepare and Infor Project Infor Written Inclusive Closing report is completed and reviewed with Go Live Closing Meeting Deliverables in all Milestones Licensee. Minutes The Project is formally closed and handed over to the Infor Xtreme Support organization. Project Deliverables Requisites: 1. Infor LMS templates will be utilized for the Project Deliverables defined above in this Section. 2. Prerequisite Deliverables must be completed before work can begin on the applicable Project Deliverable. 3. Final Project Deliverables where Infor is Primary Responsible Party will be reviewed and approved by the Licensee within five (5) working days of publication. 4. Where Infor is the Primary Responsible Party, Licensee will provide Infor with guidance and assistance upon reasonable request by Infor. Infor Statement of Work O 2013 23 6.1 Acceptance Acceptance Procedures For purposes of acceptance of each Stage of the Project (or portions thereof), the parties intend to use the following acceptance procedure. All timeframes specified in the following procedures may be overridden by the Project Schedule. A. Written Deliverable: Infor may submit interim drafts (stamped, noted or otherwise clearly marked "Draft") of a written deliverable to Licensee for review. Licensee agrees to review and provide comments to Vendor on each interim draft within five (5) Business Days after receiving it from Infor. Licensee will have the opportunity to review the written deliverable for an acceptance period of five (5) Business Days after delivery of the final version (stamped, noted or otherwise clearly marked "Final Draft" of the written deliverable (the "Acceptance Period"). Licensee agrees to notify Infor in writing by then end of the Acceptance Period either stating that the written deliverable is accepted in the form delivered by Infor or describing in reasonable detail any substantive deficiencies from the applicable Deliverable Acceptance Criteria set forth in the Project Budget section below that must be corrected prior to acceptance of the written deliverable. If Infor does not receive any such deficiency notice from Licensee by the end of the Acceptance Period, the written deliverable will be deemed to be accepted and an approved document marked "Approved" and dated will be provided to Licensee. if Licensee delivers to Infor a timely notice of deficiencies and the items specified in the notice are deficiencies, Infor will promptly correct the described deficiencies and return to Licensee for Acceptance. Licensee will not unreasonably withhold, delay or condition its approval of a final written deliverable. Licensee and Infor agree review and acceptance dates may be extended with mutual agreement of both parties. Infor is responsible for tracking status of each deliverable including but not limited to the date in which it was submitted to the Licensee and date returned. B. Software Deliverable: A "Software Deliverable" means a Deliverable that is delivered to Licensee under this SOW as a result of a development activity and associated hours of effort set forth in Section 3.6 Development Scope, heading: Interfaces, Business Process and Report Management above. Acceptance testing is an iterative process designed to determine whether the Software Deliverable performs the functions described in its approved Specifications and to discover and remove material defects through repeated testing cycles. Infor will work with Licensee and make a good faith effort to develop a test plan with the requisite details, understanding the level of detail required may change depending on the complexity of the requested software deliverable and to test each software deliverable (the "Acceptance Tests" or "Acceptance Testing"). 1. The "Acceptance Test Period" for each Software Deliverable will be thirty (30) Business Days unless an alternate time is mutually agreed upon between Infor and licensee. The Acceptance Test Period for each Software Deliverable will start within five (5) Business Days, unless an alternate start date is mutually agreed upon by Infor and Licensee, after the Software Deliverable is made available to Licensee for testing, and Infor has notified Licensee of such availability. Infor will not be obligated to deliver a Software Deliverable to licensee until Licensee demonstrates the readiness of the target technical platform and environment. 2. If Licensee determines during the Acceptance Test Period that the Software Deliverable contains a material defect, Licensee will promptly send Infor a written notice reporting the alleged material defect describing it to Infor in sufficient detail reasonably necessary for Infor to recreate it. If Infor is able to replicate the alleged defect, which is a material defect from the Specifications, then Infor will modify the Software Deliverable to remove the reported material defect and will provide the modifications to Licensee for retesting. Licensee will then re -test the modified portions of the Software Deliverable promptly after receiving the modifications from Infor. In such a case, Infor and Licensee will mutually agree upon an updated Acceptance Test Period. 2. By the end of the Acceptance Testing Period, Licensee will provide Infor with a final written list reporting any outstanding material defects (the 'Punch List"). Licensee will have ten (10) Business Infor Statement of Work O 2013 24 Days after the receipt of the modifications to re -test the modified Software Deliverable to confirm that the material defects that were reported on the Punch List have been removed. If any material defects that were reported on the Punch List have not been removed, Licensee will provide Infor with written notification by the end of the retesting period reporting any such material defects. In such event, the procedures set forth in this Section 6.1.B will be repeated for the remaining material defects on the Punch List. A reported defect will not be considered a "material defect" for acceptance testing purposes if rnfor is unable to replicate such defect, using Infor's commercially reasonable efforts. 3. Infor and Licensee each agrees to work diligently to achieve acceptance of Software Deliverable at the earliest possible date. E. "Final Acceptance" involves use of the component systems within the SOW in totality in production operations for a period of sixty (60) calendar days, starting with Go -Live. If after sixty (60) calendar days the solution performs without any Priority 1 Defects, the Licensee and Infor will both issue and execute a "Final Acceptance". A Priority 1 Defect shall occur when Licensee's production system, database or component system is inoperable, a major application failure has occurred, and business processes are halted. There is no workaround available. The 60 -day time frame for Final Acceptance will stop if Priority 1 Defects are found during production use and prevent further production use of the Products. The Final Acceptance process will resume on the date the Priority 1 Defect is confirmed as fixed and will continue for the remainder of the 60 -day time frame. Infor will promptly address any other material defects reported to Infor during 60 -day time frame, but those defects will not stop the 60 day time frame. Project Organization Requisites: Review and move to general assumptions 1. Licensee will assign resources to the Project in accordance with roles mutually defined during Project initiation. The positions, considered the "Licensee Core Team", include technical resources from the Licensee's Information Technology organization, and functional resources from the appropriate Licensee business organizations. 2. Licensee resources assigned to the Project will be thoroughly knowledgeable about the current business practices in their respective areas and capable of performing their appropriate Project roles as mutually defined during Project initiation. 3. Infor resources assigned to the Project will be knowledgeable out the Infor Application Solution, Methodology and current recommendations for best business practices in their respective areas and capable of performing their appropriate Project roles as mutually defined during Project initiation. 4. Resources will be assigned to the Project in accordance with the requirements outlined above. Any anticipated changes to the Project Organization must be communicated to the Steering Committee within five (5) working days. The Steering Committee will evaluate the impact of any core team replacement on the Project's schedule and cost. 5. Any support from other Licensee personnel and resources, or personnel and resources from third parties retained by the Licensee, will be available to the Project team as needed according to the Project Schedule (infrastructure, network, desktop support, web -based programming) when required and will not detrimentally impact the Project timeline. 7.0 Project Budget 7.1 Fees for the Fixed Fee Services Infor agrees to provide Licensee the Services in the scope of this SOW for which Infor is identified as the responsible Party ("Fixed Fee Services") for a total fixed fee in the amount of $57,688.00, (USD) ("Fixed Fee"). Infor Statement of Work © 2013 25 Fixed Fee Services shall be invoiced by Infor based upon the milestone payment schedule in Section 7.3 below. Reasonable travel, living and other out-of-pocket expenses incurred are included in the milestone payment schedule in Section 7.3. All payments are due 30 days from the invoice date. Licensee acknowledges and agrees that the Fixed Fee does not include: (I) any out of scope items not specifically identified herein, including those out of scope items listed in the "Project Exclusions" section of this SOW or otherwise any variations from the Scope of the Services to be provided. By the end of second prototype for each Project Stage, Licensee will provide Infor a prioritized list of out of scope items for evaluation. Infor will complete evaluation of the prioritized out of scope items and provide a quote of services and, if applicable, product solutions, to the Licensee. Out of scope items will be governed by the project change control process; (11) travel time and travel and living expenses and applicable hourly overtime rates/fees applicable to "After Hours" or "Weekend Work'; (iii) any additional services or charges caused by any delays, equipment failures, data problems or otherwise any other impediments or disruptions of Infor's ability to timely and cost effectively deliver the Services, which are caused by Licensee, its employees and/or its third party agents or contractors, (iv) taxes , and/or (v) Additional Project Services Fees. Travel time and travel and living expenses will be billed and paid as otherwise set forth in this SOW, and all such additional services will be provided on a time and materials basis at fees and rates to be separately agreed upon pursuant to the party's execution of either a separate SOW or a written amendment to this SOW documenting the additional Services to be provided and the associated additional fees. 7.2 Additional Project Services If changes or additions to scope defined within this agreement arise, the Infor Project Manager or Licensee Project manager will follow the mutually defined project change request and control procedure to have the to seek authorization for Additional Project Service funds to pay for these items. Any use of these funds will be subject to joint agreement and official sign off by both project managers and execution of a change order or Service Work Order. Billing for Additional Project Services will be performed outside of the milestone payment schedule in this section. Infor shall provide the Licensee the Additional Project Services on a time and materials basis at the Service Fee Rates listed below for thirty (30) months from the execution date of this SOW. Billable hours not covered under the fixed fee agreement will be invoiced in accordance with the Additional Project Services Rate Card. Reasonable travel, living and other out-of-pocket expenses incurred in providing these Services ("collectively, the "Additional Services Other Expenses") shall be invoiced by Infor as such Additional Services Other Expenses are incurred. Additional Project Services shall be invoiced by Infor monthly on a time and materials basis. Additional Services Other Expenses shall be invoiced by Infor as such Additional Services Other Expenses are incurred. Minimum time increment billed will be thirty (30) minutes. Additional Project Services Rate Card Infor Additional Project Services Hourly Service Fee Rate Application Consultant $210.00 Learning Consultant $210.00 Project Manager $225.00 Technical Consultant $210.00 Remote Developer $90.00 1. For on-site training, Licensee must provide, at its expense, training facilities equivalent to Infor's training facilities. 2. Licensee must pay its own travel and living expenses when attending training. Infor Statement of Work © 2013 26 3. Hourly Service Rates do not include travel and expense. 7.3 Payment Milestones 73.1 The Payment Milestone Table by Project Phase is identified in Appendix B. 7.4 Payment and Milestone Acceptance Payment Milestone Acceptance Upon completion of a Payment Milestone set forth above, Licensee shall have the right to review the Milestone provided by Infor to Licensee under this SOW, pursuant to the StepWise methodology and the Deliverable Acceptance Criteria below. For each Payment Milestone, there is a corresponding Holdback Amount as identified in Appendix B. Upon acceptance of all previous Payment Milestones within the Project, Infor will issue an invoice for the Holdback Amount for the Project. Acceptance of a Payment Milestone constitutes authorization for payment of the applicable Payment Milestone Amount. Infor will present the Licensee with an invoice for a Payment Milestone Amount upon acceptance of that Payment Milestone for which payment is due within thirty (30) days of the invoice date. Should a Payment Milestone not be completed in accordance with the Payment Milestone Table due to delay or fault of both Parties, or due to a force majeure event, the Licensee Project Manager and Infor Project Manager will (1) create a mutually acceptable plan to help get the Project on schedule, and (2) extend the Payment Milestone schedule by an appropriate time period to account for the delay. In the event that completion of a Payment Milestone or an Infor Deliverable is delayed or terminated due to Licensee caused issues, Licensee shall pay Infor for the Services provided by Infor for that Payment Milestone or Infor Deliverable upon request by Infor. Deliverable Acceptance Criteria Infor Statement of Work © 2013 27 Project Schedule • • • • The project schedule will contain all the activities required to complete the project. Reasonable work estimates will be used at the lowest level of activities deigned. Activity dependencies will be established (predecessors/successors). Infor and Licensee resources will be assigned at the lowest level of activities defined. Infor Written • The requirements of the Infor Deliverable are met as stated in the completion Deliverables criteria in Section 6.1.b of the SOW. • The Infor Deliverable complies with the Infor format using the Infor standard templates. • The Infor Deliverable is consistent with other Infor Deliverables already approved. • The Infor Deliverable meets the general review criteria (e.g., pages numbered, free of formatting and spelling errors, clearly written, no incomplete sections, etc.). • Procedures/documentation for the Infor Deliverables comply with the technical/business system design. Infor Technical • Technical designs and all related Infor Deliverables are in compliance with the Deliverables • Functional Design Specification. All Development meets the Technical Design Specifications, is complete and is Infor Statement of Work © 2013 27 8.0 Project Quality Testing There are four defined project approaches for StepWise test activities during the Project: (1) prototype tests; (2) acceptance test(s), which are part of the Approved Solution deliverable in the Establish phase; (3) System Test(s) and (4) Full Scale Test(s), which are deliverables in the Execute phase. Test Guidelines The following test guidelines apply to all StepWise Tests: • The Licensee Project Manager and Infor Project Manager work together with the Process Owners and IT Responsible to plan the StepWise Test activities. • Test plan, logistics, and procedures are distributed to Project team members. • The IT environment is prepared and validated prior to start of each StepWise Test. • Written test cases are distributed to designated testers together with applicable job instructions prior to start of each StepWise test. • A test coordinator is assigned to organize the StepWise test and verify that procedures are properly followed, • Licensee senior management ensures that the priority of testing is high. • Issues identified during the StepWise Tests are classified according to the categories below and registered in the Stepwise Project database. o Critical: Functionality for time -critical major business process not available. No acceptable alternative method exists. o High: Functionality for major business process not available. Not a time -critical case or an acceptable alternative method exists. o Medium: Normal case processing Infor Statement of Work © 2013 28 Project Schedule • • • • The project schedule will contain all the activities required to complete the project. Reasonable work estimates will be used at the lowest level of activities defined. Activity dependencies will be established (predecessors/successors). Infor and Licensee resources will be assigned at the lowest level of activities defined. free of material errors. Infor Training/workshop Deliverables • • Licensee participant surveys are completed and returned by class/workshop participants. A follow-up plan based upon participant feedback is created by the Infor and Licensee Project Managers and submitted to Infor and the Licensee's Steering Committee for approval. Infor Installation Deliverables • Completed installation exit document approved by Licensee. Infor Testing Deliverables • Prototype Tests have been executed per the Prototype and Test Plan in compliance with the StepWise methodology and processes. • Test results have been documented for all tested functionality. • Test results are free of Critical or High priority errors. Infor Configuration Deliverables • System configuration is complete per the application configuration documentation. 8.0 Project Quality Testing There are four defined project approaches for StepWise test activities during the Project: (1) prototype tests; (2) acceptance test(s), which are part of the Approved Solution deliverable in the Establish phase; (3) System Test(s) and (4) Full Scale Test(s), which are deliverables in the Execute phase. Test Guidelines The following test guidelines apply to all StepWise Tests: • The Licensee Project Manager and Infor Project Manager work together with the Process Owners and IT Responsible to plan the StepWise Test activities. • Test plan, logistics, and procedures are distributed to Project team members. • The IT environment is prepared and validated prior to start of each StepWise Test. • Written test cases are distributed to designated testers together with applicable job instructions prior to start of each StepWise test. • A test coordinator is assigned to organize the StepWise test and verify that procedures are properly followed, • Licensee senior management ensures that the priority of testing is high. • Issues identified during the StepWise Tests are classified according to the categories below and registered in the Stepwise Project database. o Critical: Functionality for time -critical major business process not available. No acceptable alternative method exists. o High: Functionality for major business process not available. Not a time -critical case or an acceptable alternative method exists. o Medium: Normal case processing Infor Statement of Work © 2013 28 o Low: Cases allowing for longer-term resolution • StepWise Tests are passed if no Critical issues are found ("Passed"). If the StepWise test is not Passed, Infor and the Licensee shall jointly agree on an action plan to take corrective measures and implement a test of the functions in question. If the StepWise test is Passed but High or Medium issues are registered, Infor and the Licensee shall jointly agree on an action plan to take corrective measures. • StepWise Test evaluation is conducted upon completion of each StepWise test activity. Results of StepWise tests are reported to the Steering Committee. Approach for StepWise Prototype Test The following test guidelines apply to the StepWise Prototype Test activity: • The scope of StepWise Prototype Test is validation of the configured business processes listed in the Business Process Scope section of this SOW. • Licensee data used for StepWise Prototype Tests is a subset of key Licensee data either pre - populated or manually entered. • Licensee Key Users execute the tests and record results in the test cases. • Licensee Process Owners validate the StepWise Prototype Test results. • StepWise Prototype Test results are recorded in the Prototype and Test Plan. Approach for StepWise Acceptance Test The following test guidelines apply to the project acceptance test activity: • The scope of StepWise Test is validation and approval of the configured solution defined in the Project Scope section of this SOW, including all in scope Development identified in this SOW. • Licensee data used for StepWise Acceptance Test is migrated / converted from the Licensee's legacy system. • Licensee Key Users execute the StepWise Acceptance Test and record results in the test cases. • Licensee Process Owners validate the StepWise Acceptance Test results. • StepWise Test results are recorded in the Prototype and Test Plan. Approach for StepWise System Test The following test guidelines apply to the project System Test activity: • The scope of StepWise System Tests is validation of the Licensee's IT environment performance defined in the System Technology Scope section of this SOW. • Licensee data used for StepWise System Tests is migrated / converted from the Licensee's legacy system. • Licensee Key Users execute the StepWise System Test and record results in the test cases. • Licensee Process Owners validate the StepWise System Test results. • Project System Test results are recorded in the System Test Plan. Approach for Stepwise Full Scale Test The following test guidelines apply to the project Full Scale Test activity. • The scope of project Full Scale Test is validation of the Licensee's organization readiness to Go Live. • Licensee data used for project Full Scale Test is migrated / converted from the Licensee's legacy system. Infor Statement of Work © 2013 29 • Licensee End Users execute the project Full Scale Test and record results in the test cases. • Licensee Process Owners and Key Users validate the project Full Scale Test results. • Test results are recorded in the Full Scale Test Plan. Project Quality Strategy Requisites: 1. Written test cases are prepared in advance of the test. 2. Test results are recorded in test cases during testing activities. 3. The Licensee is responsible for testing dependence on third party resources and software which has not been supplied by Infor. 4. The Licensee is responsible for all issues caused by any third party resources and software which has not been supplied by Infor. 5. Infor will validate the Infor configuration prior to each test. The Licensee database must be available for Infor validation no less than five (5) working days prior to the commencement of each test. Infor Statement of Work © 2013 30 9. Commercial Terms Any delays or changes caused by Licensee, Licensee's employees, equipment, contractors or vendors may require an extension in the estimated Project schedule and/or may cause an increase in the estimated Service hours or estimated fees described in this SOW, including without limitation delays or changes due to the following: (a) a material change to or deficiency in the information which the Licensee has supplied to Infor; (b) a failure by the Licensee or vendors to perform any of their respective responsibilities under this SOW; (c) an unanticipated event that materially changes the service needs or requirements of the Licensee; (d) circumstances beyond the reasonable control of either Infor or Licensee, acts of God or other force majeure event; or (e) a change in law. If Licensee requires that any person render Services at Licensee's site for more than 12 consecutive months: (a) Internal Revenue Code (IRC) §162 will classify all of that person's Services as an indefinite work assignment ("IWA"), (b) beginning with the thirteenth consecutive month of work at the Licensee's site, all of that person's reimbursed business expenses, including travel, lodging, meals and car rental, must be treated as taxable personal income to that person under IRC §162, (c) Infor will include these reimbursed expenses in the person's taxable compensation, and will increase that person's compensation to cover those taxes and the personal income and withholding taxes on that increase and (d) Licensee shall reimburse Infor for the entire amount of that increase. 10. General Project Requisites The following general Project requisites apply during this Project: 1. Infor will have remote access to the Licensee network and systems as necessary to support the activities within the Project plan. 2. All Infor and Licensee Project team members will utilize an lnfor Project StepWise database provided by lnfor to register Project issues and store Project Deliverables. 3. The Licensee will provide appropriate office facilities to all full-time and part-time team members assigned to the Project team as may be required from time to time. This includes, but is not limited to, office space, work desks, networked computers, Microsoft Office productivity tools, team meeting rooms, networked printers, photocopier, telephones, stationery, whiteboards, internet, and VPN connection and other required resources in order to facilitate the effectiveness of the Project team. 4. Infor's personnel will have access to the office facilities at all times, as dictated by Licensee's reasonable security restrictions. 5. Infor and Licensee agree that both parties shall have the right to request removal any Licensee or Infor Project staff member engaged in improper conduct. Both parties will use commercially reasonable efforts to replace personnel removed from the project, but cannot make any guarantee on timing if personnel are removed at the request of the other party. Both lnfor and Licensee will provide written notification of any key project resource changes. 6. Licensee will remain current on all available Maintenance throughout the duration of the Project. 7. The Licensee has participated in the Infor Administration and Security training as identified in the Learning Scope Section of this SOW. 8. Infor will be granted appropriate access to the system to be able to support the Licensee's solution. 11. Closing Definition The Project described in this SOW will be closed (the "Closing Date") upon completion of the earlier of the following conditions: (1) the first Steering Committee meeting after the Final Go Live Date, which will be held within 45 days of the Final Go Live Date, provided that ail of the following conditions are met in Section 1(a) — 1(c) below: Infor Statement of Work © 2013 31 a. Support, Delivery and the Licensee have completed a meeting to introduce the Licensee to the Infor Xtreme Support team and to the procedures required to access and receive paid Maintenance, b. There are no open Critical Issues (as defined below) assigned to Infor, and c. The Final Acceptance criteria for the Project has been met, or (2) If the Steering Committee does not meet within 45 days of the Final Go Live Date and the conditions in la, 1b and 1c above are met, the Project is deemed to be closed, unless both Parties agree in writing to extend the Closing Date, or (3) If the conditions in 1 a, 1 b and 1 c above are met and the Licensee Steering Committee agrees in writing to deem the Project to be closed immediately A "Critical Issue" is a condition where Infor Software functionality for a time -critical major business process in the scope of this SOW is not available for use and no acceptable alternative method to complete the business process exists for the Licensee. The "Final Go Live Date" means the first date when all in -scope Infor applications within the Project of the Implementation Strategy (subject to approved change orders) are available to process a Licensee transaction for production purposes, Approval: The undersigned hereby approve this Statement of Work and acknowledge that it supersedes any previous versions. For: Inf (US), Inc. For: City of Corpus Christi ( uthorized Signature) Patricia Elias (Authorized Signature) Ronald L. Olson (Printed Name) (Printed Name) Associate General Counsel City Manager (Title) (Title) February 12, 2015 (Date) (Dale) Infor Statement of Work © 2013 ATTEST: Rebecca Huerta City Secretary APPROVED AS TO FORM: (Date) Buck Brice Assistant City Attorney For City Attorney (Date) 32 Appendix A: Learning Management System Services Following are details of Infor LMS Baseline implementation services outlining the scope of services and assumptions for this implementation: Work Tasks Work Task Description Project Kick -Off Meeting One day workshop to define project scope, objectives and key milestones. This workshop will be scheduled within 30 days of contract signing, unless a later date is agreed upon by both parties. Project Plan and Scope Document Project Plan including project tasks, milestones, owners and timeline. Scope Document describing project structure, objectives, activities and deliverables to be provided in the course of the project. Technical Assessment Check -list and test scenarios for validation of Licensee's PC and network infrastructure. Process Review List of training topics and key configuration activities to be used as an input for Training preparation and Configuration Workshop. The list is created based on Licensee's inputs such as training process documentation and/or demonstration of the current training processes. Core Team Administration Training Two-day training on LMS administration functionality for the Licensee's core team up to 14 participants. Training guides are provided by Infor for each training participant. Portal Branding One branded portal based on Licensee's look and feel requirements (e.g. login page, logo, banner image, etc.). LMS Hierarchy Design and set up of System Hierarchy to reflect the structure of client's training organization. A separate meeting may be required to discuss hierarchy implications and validate proposed design. Configuration of the interface between LMS and TM Configuration of the standard integration interface between LMS and Talent Management to enable and test data exchange between the applications. Configuration Workshop One day workshop to review configuration process with Licensee's training data and gather inputs for the Configuration Pian. Standards and Configuration Plan Standards and Configuration Plan document listing all configuration activities, naming conventions and standards to be followed during System Configuration. System Configuration Support Setting up notifications, facilities, instructors, portal config, assistance with course scheduling, setting up curricula and catalogs, distribution rules, certification programs. System Configuration is a joint activity where Infor provides guidance and assistance while the majority of the actual configuration tasks are performed by the Licensee based on the Standards and Configuration Plan document. User Acceptance Test / Pilot Support User Acceptance session and/or targeted pilot of LMS process and functionality. This is a Licensee !ed activity. Infor provides assistance by sharing best practices, supporting UAT/Pilot configuration and processing feedback. Infor Statement of Work © 2013 33 Work Tasks Work Task Description Roll-out Support Final fine tuning of system configuration in support of rollout. Infor provides assistance with answering "how to" questions, configuration adjustments and issue resolution. Project Management and Oversight Project weekly meetings, steering committee meetings (if applicable), project administration and reporting. Infor Statement of Work © 2013 34 Appendix B: Payment Milestone Table Payment Milestone ILNumber _ ni.b . , . _5 Projected Completion week Mitetone Amount Holdback Payment Amount LMS (Learning Management System) Establish Phase _ M-1 Milestone - Project Initiation and Team Learning: 4/6/2015 511,537.60 $1,153.76 $10,383.84 M-2 Milestone -Acceptance Test 5/15/2015 517,306.40 51,730.64 $15,575.76 Execute Phase M-3 Milestone -Full Scale Test: 6/15/2015 511,537,60 $1,153.76 510,383.84 M-4 Milestone - Complete Post -Go -Live Support: 7/13/2015 $17,306.40 $1,730.64 $15,575.76 M-5 Milestone -- Close Project: 8/24/2015 50.00 55,768.80 Total Payment Milestone Amount for this Project 557,688.00 $5,766.80 557,688.00 Infor Statement of Work © 2013 35 AGENDA MEMORANDUM Future Item for the City Council Meeting of 3-10-2015 Action Item for the City Council Meeting of 3-24-2015 DATE: February 13, 2015 TO: Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resources Yasminec@cctexas.com 361-826-3315 Michael Armstrong, Chief Information Officer MichaelAR@cctexas.com (361) 826-3740 Approving the Purchase of Additional Licenses to a Subscription of Curated Online Courses Through OpenSesame for the Human Resources Department CAPTION: Motion authorizing the City Manager or designee to execute all documents necessary to approve the purchase of additional subscription service licenses provided sole source from Open Sesame Inc., Portland OR, for a total expenditure of $74,580 for the subscription service for one (1) year. Funds are available in the Human Resources FY2015 budget. PURPOSE: To provide additional subscription licenses (not to exceed 3,000) of OpenSesame Plus for a curated offering of 3,000+ courses to be delivered through INFOR Certpoint, Learning Management System and is compatible with and integrated with the ERP (Enterprise Resource Planning) software currently being implemented by the City. Subscriptions are licensed by employee count and are only billed as licenses are consumed. BACKGROUND AND FINDINGS: The City of Corpus Christi currently has 50 subscription licenses with OpenSesame Plus as approved during a pilot program started in June 2014. Due to the success of this pilot, the Human Resources department has determined that access to OpenSesame Plus provides cost-effective training content that offers our workforce the ability to engage in online training. Once implemented, the subscription licenses will be offered City -Wide to employees and integrated into our new Infor Learning Management System to track as a part of our goal to provide employee training on -demand. Funds for this purchase have been budgeted and are available from the Human Resources FY2015 budget. ALTERNATIVES: Denial of proposed sole -source purchase of additional licenses and consulting hours OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase conforms with City purchasing policies and procedures. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Municipal Information Systems Department Human Resources Department Office of Management and Budget Finance and Purchasing Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $74,580 $ 74,580 Encumbered / Expended Amount This item BALANCE $74,580 $ 74,580 Fund(s):1020 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: OpenSesame Order Form OpenSesame Implementation Information OpenSesame Plus Catalog of Courses .. OpenSesame® OpenSesame Implementation Information for City of Corpus Christi Partnership Update: OpenSesame and Infor are in final partnership discussions, however the details of this partnership cannot be disclosed at this point. Infor and OpenSesame have done testing of the compatibility of our courses in the Infor LMS and have confirmed they are functioning as expected. Selection of Courses to Load: Typically people do not load all 3,000+ courses available from OpenSesame Plus into their LMS at once (although you certainly could!). We have divided out the OpenSesame Plus catalog into 16 categories, and you can choose to load just the categories of your choosing, or you can hand select the courses or authors you'd like to start with. At any point, you can add new or additional courses that get added to OpenSesame Plus by going to OpenSesame and logging on. From your Dashboard, you can download the SCORM packages to the courses of your choosing. Loading and Integration of Courses: Upon selection of the courses, OpenSesame will provide you with SCORM packages (.zip files) and metadata for the courses. The metadata will include title, description, duration, etc. This information can then be loaded into the LMS. Once the courses are published in the LMS, the users of the LMS with permissions to see the course catalog can begin taking a course instantly. They will not need to log in to OpenSesame. OpenSesame will register that user as a "seat" in the OpenSesame Plus subscription and that user can take their course and any others in the OpenSesame Plus catalog without burning another "seat". Our courses will report completions, quiz scores (when applicable) and bookmarking of the courses in the LMS. You can access this data from the LMS or from your OpenSesame dashboard. OpenSesame courses are updated regularly to maintain the highest level of quality. When a course update is published, the administrator of the OpenSesame subscription will get an email notice. From that email or from your OpenSesame dashboard, you can approve the update and the course update will be pushed automatically to your LMS -no need to reload the course package. OpenSesame 1 520 NW Davis Street, Suite 200 1 Portland, OR 97209 1(503)808-1268 1 www.opensesame.com ;;; Iopensesame® Support and Help from OpenSesame: The OpenSesame support staff and your dedicated account manager (Kristin Hansen), will be able to assist with any support issues or questions that may arise. Additionally, Kristin and the team can help provide tools for internal marketing of courses, details about new courses added to OpenSesame and general account support. OpenSesame 1 520 NW Davis Street, Suite 200 1 Portland, OR 97209 1(503)808-1268 1 www.opensesame.com 12 OPENSESAME PLUS CATALOG SUMMARY 2/13/15 Atomic Training Cegos 69 CompuWorks Enspark LearnNowOnline Maestro SONIC Performance Support Syntrio Vado 1 Vivid Learning Systems Vubiz 60 Webucator Training Grand Total 130 Accounting, Finance & Banking (Banking & Finance) Communication Skills 242 6 8 35 28 1 320 Customer Service 10 1 3 1 15 Employee Development 1 203 1 11 8 9 93 26 1 353 Executive Development 18 3 21 Human Resources & Administration (HR & Administration) 107 3 1 6 22 139 Information Technology 8 7 359 14 388 Management Essentials (Management & Leadership) 340 8 11 143 21 523 Mandatory & Compliance (Compliance Essentials) 2 4 1 42 36 33 3 121 Microsoft Office 2007 35 16 9 60 Microsoft Office 2010 34 17 122 14 187 Microsoft Office 2013 24 1 27 17 12 81 Operating Systems & Web Browsers 36 1 2 3 2 44 Profession or Industry Specific 16 1 2 19 Project Management 70 8 75 153 Safety Fundamentals 13 40 2 107 17 179 Sales & Marketing Effectiveness 355 1 10 1 367 Software, Desktop & Internet Applications (Everyday Applications) 330 7 5 1 7 350 Team Building & Teamwork 8 1 23 1 33 Grand Total 468 1424 50 32 410 38 142 115 378 143 227 56 3483 AGENDA MEMORANDUM Future item for the City Council Meeting of March 10, 2015 Action item for the City Council Meeting of March 24, 2015 DATE: February 9, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jerry Shoemaker, P. E., Acting Assistant Director of Capital Programs jerrys2@cctexas.com (361) 826-3516 CAPTION: Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com (361) 826-1972 Engineering Construction Contract J. C. Elliott Landfill New Office Building Motion authorizing the City Manager, or designee, to execute a construction contract with LNV, Inc. of Corpus Christi, Texas in the amount of $1,055,000.00 for the J.C. Elliott Landfill New Office Building for the total Base Bid. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, LNV, Inc., for the J. C. Elliott Landfill New Office Building project. BACKGROUND AND FINDINGS: This project constructs a new 2,850 square foot building to replace the current facility at the J.C. Elliott landfill. The existing facility is a used manufactured building that is at the end of its useful service life with extensive on-going maintenance required. The proposed new building will reduce maintenance and energy cost while improving operations and quality of life for staff. This facility also provides fully compliant ADA improvements for staff and the public. This building is required by permit to monitor and support the landfill closure over the next thirty (30) years. On January 7, 2015, the City received proposals from six (6) bidders and the bidders: Contractor Total LNV, Inc. Corpus Christi, Texas $1,055,000.00 Hoover Construction Co., Inc. Burnet, Texas $1,109,000.00 TBC Commercial Construction, LLC. Portland, Texas $1,265,800.00 Division 16 Construction Corporation Corpus Christi, Texas $1,308,000.00 Cruz Maintenance and Construction, Inc. Corpus Christi, Texas $1,477,000.00 SafeNet Services, LLC. Corpus Christi, Texas $2,400,000.00 ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, Kleinfelder Central, Inc. evaluated the six (6) bids and determined that LNV, Inc. was the lowest responsive bidder. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $125,800.00 $1,396,200.00 $1,522,000.00 Encumbered / Expended Amount 125,800.00 0.00 125,800.00 This item 0.00 1,055,000.00 1,055,000.00 Future Anticipated Expenditures This Project 0.00 197,339.00 197,339.00 BALANCE $0.00 $143,861.00 $143,861.00 Fund(s): PH&S 08 RECOMMENDATION: City staff recommends that the construction contract be awarded to LNV, Inc. of Corpus Christi, Texas in the amount of $1,055,000.00 for the J. C. Elliott Landfill New Office Building for the total base bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET J. C. ELLIOTT LANDFILL NEW OFFICE BUILDING Project No. E11060 FUNDS AVAILABLE: Sanitary Landfill CIP CO 2015 $ 1,522,000.00 TOTAL 1,522,000.00 FUNDS REQUIRED: Construction Estimate $1,055,000.00 Contingencies (10%) 105,500.00 Construction Materials Testing (Tolunay-Wong) 7,310.00 Construction Inspection (In House) 45,660.00 Design Fees: Architect (Kleinfelder) 115,509.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 15,220.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 30,440.00 Misc. (Printing, Advertising, etc.) 3,500.00 TOTAL $1,378,139.00 ESTIMATED PROJECT BALANCE $ 143,861.00 Corpus C‘500 ti Capital Programs J. C. Elliott Landfill New Office Building Council Presentation March 10, 2015 Project Scope EL 11101 &laSS° LOCATION MAP ..r,1'`it • NOT TO SCALE Location Carpus Chr sti Capital Programs Project includes: • To replace the current substandard modular building. • An area of 2,850 (gross) square foot. • The demolition and removal of two existing small storage buildings and the relocation of the existing office building. Project Schedule Carpus Chr sti Capital Programs 2013 2014 2015 Jun Jul Aug Sep Oct Nov Dec Ja n Fe b Mar Apr May Jun Jul Aug Sep Oct Nov Design J Dec Ja n Feb Bid Project Estimate: 84 Calendar Days 3 Months Mar Apr May Jun Construction Project Budget Corpus Chr sti Capital Programs FUNDS AVAILABLE: Sanitary Landfill CIP CO 2015 TOTAL FUNDS REQUIRED: Construction Estimate Contingencies (10%) Construction Materials Testing (Tolunay-Wong) Construction Inspection (In House) Design Fees: Architect (Kleinfelder) Reimbursements - TOTAL ESTIMATED PROJECT BALANCE $ 1,522,000.00 1,522,000.00 $1,055,000.00 105,500.00 7,310.00 45,660.00 115,509.00 49,160.00 $1,378,139.00 $ 143,861.00 J.C. Elliott Landfill New Office Building LOCATION MAP NOT TO SCALE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS UEPARMENT OF CAPITAL PROGRAMS - - PAGE 1 OF 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 10, 2015 Action Item for the City Council Meeting of March 24, 2015 DATE: February 26, 2015 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution in opposition to a Revenue Cap and Legislative interference with Local Services CAPTION: Resolution of the City of Corpus Christi, Texas, in opposition to a Revenue Cap and Legislative interference with Local Services PURPOSE: On October 21, 2014, the City Council adopted its legislative agenda for the 84th Regular Session of the Texas Legislature. Included in the recommendations was opposition to legislation that: • Undermine the principle of home rule and local control by the City. • Results in the loss of revenue or negatively impacts potential revenue growth to the City. • Diminishes the authority of cities to regulate and manage their growth and development. The resolution will formalize the City's position on revenue cap legislation. Once adopted, the resolution will be distributed to members of the Coastal Bend legislative delegation and other members of the Texas Legislature in hopes of influencing members of the House and Senate to defeat any revenue cap bills that come up in committee and make it to the floor of either chamber. The Senate Finance Committee is expected to take up revenue cap legislation the first week of March, although it will take several weeks before the full Senate acts on the bill and makes it way to the House for consideration. BACKGROUND AND FINDINGS: Bills have been filed during the 84th Regular Session of the Texas Legislature to cap the amount of property tax revenue cities can collect each year in a misguided effort to reduce the property tax burden on homeowners and businesses. Currently, if a Texas city increases property tax collections by more than eight percent over the previous year, voters can petition for an election to rollback the increase. Bills have been introduced to replace that eight percent "rollback rate" with a hard cap of four percent and require mandatory elections on an increase over four percent — all with the false claim that this would provide property tax relief. According to the state comptroller's latest survey of property tax rates in 1,002 cities in Texas, 67 percent of cities raised their property taxes by Tess than four percent from 2012 to 2013 and 37 percent of cities actually reduced their property taxes. That means property owners in at least 669 Texas cities would have seen no reduction in their city property taxes if the four percent cap had been in effect. Cities collect just 16 percent of the property taxes levied in Texas. Most of the property taxes paid by Texans (55 percent) go to school districts. According to the comptroller's report, the total amount of property taxes collected by cities rose by 3.61 percent between 2012 and 2013, while school district tax collections rose by more than twice that rate or 7.72 percent. School property taxes have been rising because the legislature continues to reduce the state's share of funding for schools which forces districts to get more revenue from property taxes. The Texas Municipal League recently contracted with the respected firm of Baselice and Associates, Inc. to conduct a statewide poll to determine which level of government citizens trust to make decisions about how much money local governments spend on local services. Almost 80 percent of respondents said they believe city and county governments would do a better job of making those funding decisions than state government. According to the survey, 63 percent of respondents expressed opposition to legislatively -mandated revenue cap schemes that limit a city's or county's ability to generate revenue to provide local services. ALTERNATIVES: The Council can choose to: 1. Adopt the resolution. 2. Not adopt the resolution. 3. Make revisions to the resolution. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: n/a EMERGENCY / NON -EMERGENCY: This is a non -emergency item. DEPARTMENTAL CLEARANCES: Deputy City Manager City Attorney City Manager FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Year FY 15 TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: Staff recommends adoption of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS, IN OPPOSITION TO A REVENUE CAP AND LEGISLATIVE INTERFERENCE WITH LOCAL SERVICES. WHEREAS, bills have been introduced to cap the amount of property tax revenue cities can collect each year in a misguided effort to reduce the property tax burden on homeowners and businesses; and WHEREAS, currently, if a Texas city increases property tax collections by more than eight percent over the previous year, voters can petition for an election to rollback the increase; and WHEREAS, bills have been introduced to replace that eight percent "rollback rate" with a hard cap of four percent and require mandatory elections on an increase over four percent — all with the false claim that this would provide property tax relief; and WHEREAS, according to the state comptroller's latest survey of property tax rates in 1,002 cities in Texas, 67 percent of cities raised their property taxes by less than four percent from 2012 to 2013 and 37 percent of cities actually reduced their property taxes; and WHEREAS, that means property owners in at least 669 Texas cities would have seen no reduction in their city property taxes if the four percent cap had been in effect; and WHEREAS, while the savings to individual taxpayers are very small or even non-existent, a four percent cap could represent a loss in vital city services; and WHEREAS, cities collect just 16 percent of the property taxes levied in Texas, and most of the property taxes paid by Texans (55 percent) go to school districts; and WHEREAS, according to the comptroller's report, the total amount of property taxes collected by cities rose by 3.61 percent between 2012 and 2013, while school district tax collections rose by more than twice that rate or 7.72 percent; and WHEREAS, school property taxes have been rising because the legislature continues to reduce the state's share of funding for schools, which forces districts to get more revenue from property taxes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. That all of the above recitals are true and correct; 2. That the City Council of the City of Corpus Christi, Texas, is OPPOSED to the legislative imposition of a revenue cap and legislative interference with local services; and 3. That imposing a revenue cap on cities: (a) does not provide meaningful tax relief; (b) robs cities of the ability to meet local needs; and (c) diverts attention from the real cause of higher property taxes, which is the legislature's failure to address the problem of school funding. PASSED AND APPROVED this day of , 2015. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas Corpus Christi, Texas The above resolution was passed by the following vote: Nelda Martinez Carolyn Vaughan Brian Rosas Lucy Rubio Colleen McIntyre Rudy Garza Chad Magill Lillian Riojas Mark Scott AGENDA MEMORANDUM City Council Meeting of March 10, 2015 DATE: TO: FROM: February 6, 2015 Ronald L. Olson, City Manager Mark Van Vleck, P.E., Executive Director of Utilities MarkW@cctexas.com (361) 826-1874 Drought Update STAFF PRESENTER(S): Name 1. Gustavo Gonzalez 2. Mark Van Vleck 3. Brent Clayton OUTSIDE PRESENTER(S): Name 1. 2. 3. BACKGROUND: Title/Position ACM Executive Director Project Manager Title/Position Department Public Works & Utilities Utilities Env. and Strategic Initiatives Organization This presentation will review the current water supply situation and the status of the ongoing drought. Staff will present short term projections and measures that could be implemented if a Stage 3 Severe Drought level is reached. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Drought Update Drought Contingency Planning (DCP) March 10, 2015 Purpose of a DCP? • Allow time for nature to work. 100% 80% 60% 40% 20% •• • • • • • • • • • • • . . • • • • • • ` • • • • •• • Combined Reservoir Capacity: Actual Without MRP 1 • • • • With MRP 2 1 • . • • • • • • •••• ••• • •. • • • • • • •• • • •••. 1• 0,10 1 1 1 , 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00 Ol O O rI N N m d' czt in l0 l0 N 00 00 Ol O O rI N N m d' d- 01 01 O O O O O O O O O O O O O O O %-I %-I %-I r -I %-I %-I %-I %-I O - �i O - �i O - LI O -1 �i O - °L O - �i O - °L O - �i 0 Requirements of a DCP? Outreach Permits / Enforcement Drought Stages 3 Triggering Criteria 3 MU LEN Applicable Customers ti. 9_1 C. 1 10 __"_te L`- _ rAtic II l M J W f l L_. S, • ;:-fIJLTON'f - ROGKPOR}TA s P..- ARANSAS f PASSr�.. INatsg °- ORT ARANSAS 4 c as.ru I « 11 I DRISCOLL INGS ILLE.. .. } L ' � E. B E CORPUS CHRISTI • le� uuMA. History and Agreed Order i Conservation Response Lake Levels (Lake CC/Choke) <50 <40% <30% Agreed Order Voluntary time of day watering measure 10:00 - 6:00 Outdoor Watering Restrictions Not more often than every 5 days watering Current DCP Voluntary one -day -per - week watering One -day -per -week watering restriction One -day -every -other -week watering restriction Establishing Drought Triggers WO% 90% 80% 70°/- 60% fos00% 50% 40% 30% 20% 10% 0% Original Drought Plan Stage 1 Stage 2 Stage 3 =- Stage 4 Current Plan Drought Contingency Planning Drought stages based on combined capacity percentage of Choke Canyon Reservoir and Lake Corpus Christi: <50% = Stage 1 Mild <40% =Stage 2 Moderate L <30% =Stage 3 Severe <20% =Stage 4 Critical Short Term Reservoir Projection Model PERCENTAGE OF FULL CAPACITY 100 90 80 70 60 50 40 30 20 10 0 r 30% March 25% May/June 1 1 1 I tih ti� ti� ti� ti" tih MRP 2 comes online 20% Aug/Sep Reservoir Inflows Minimum Average Or' \..\0p�' ,ate «ems Stage 3 Severe Drought Response • Date of initiation: Early March 2015 • Restrictions: — Sprinkler irrigation and car washing limited to one day every other week: designated recycling day • Hand watering or drip irrigation permitted any time/any day — Washing down sidewalks, driveways, buildings, or other hard surfaces are prohibited except for public health and safety or with special permit Water Supply Index Water Use by Basin Monthly Diversion Volume (ac -ft) 14,000 12,000 10,000 8,000 6,000 4,000 2,000 Diversion Source • Lake Texana Nueces River Basin i Feb -14 Mar -14 Apr -14 May -14 Jun -14 Jul -14 Aug -14 Sep -14 Oct -14 Nov -14 Dec -14 Jan -15 11 Total Water Availability Water Supply Index includes volumes from Lake Corpus Christi, Choke Canyon Reservoir, and Lake Texana CCR System Storage Capacity *Levels as of 2-18-15 + Lake Texana Storage Capacity Combined Water Supply Index AGENDA MEMORANDUM City Council Meeting of March 10, 2015 DATE: TO: Ronald L. Olson, City Manager February 13, 2015 FROM: Mark Van Vleck, P.E., Executive Director of Utilities MarkVV@cctexas.com (361) 826-1874 Water Rate — O&M STAFF PRESENTER(S): Name 1. Gustavo Gonzalez 2. Mark Van Vleck 3. OUTSIDE PRESENTER(S): Title/Position Department ACM Public Works & Utilities Executive Director Utilities Name Title/Position Organization 1. 2. 3. BACKGROUND: During the budget process last Fiscal Year, there was concern about the raising of the Utility Rates. The Members of the City Council asked that we review the methodology for setting the rates. This is the first in a series of presentations that will be delivered to facilitate that review. This presentation addresses the Operation and Maintenance expenses. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Water Rate — O&M Water Rate - O&M Council Presentation March 10, 2015 Current Rate Projection $ 70.00 $60.00 $ 50.00 $40.00 0 ao $30.00 cr) $ 20.00 $10.00 $- Average Water Bill ($6,000 gal/month) Actual Projected 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 2032 2034 Fiscal Year Discover, Discuss, Decide ■ Rate Review Schedule March 10, 2015 March 24, 2015 March 31, 2015 April 14, 2015 April 21, 2015 April 28, 2014 May 12, 2015 May 19, 2015 May 26, 2015 June 9, 2015 June 16, 2015 Projected Rate Water System Components Utility Bill Breakdown Costs—Operation and Maintenance (O&M) Costs - Current and Future Debt Consumption Trends Customer Trends Inclined Block Rate Rate Model Rate Calculations Additional Week of Discovery Additional Week of Discovery Alternatives Evaluated Additional Alternatives Evaluated 1 Additional Alternatives Evaluated 2 First Reading Proposed Rate Adoption of New Rate Calculation for Unit Cost Cost Adjustments 115 110 10 Volume 5530" NM. ,.m 5550 510 51. 55. .551 Unit Cost 5 Water System Components Choke Canyon Three Rivers Beeville Mathis Alice Lake Corpus Christi Water System Components 0.N. STEVENS WTP Mary Rhodes Pipeline Phase I San Pat ------ Water Source Raw Water Customers Treated Water Customers Raw Water Pipeline (MRP) Violet WSC STWA Mary Rhodes Pipeline Portland Ir gl esi de 'ulton Rockport Phase II The City of Corpus Christi 41 6 Water System Components taw Wat:r Sources Water Treatment Plant Raw Water Customers Three Rivers Beeville Mathis Alice Koch/Flint Hills Robstown Celanese San Patricia L Legend .41 Pump Station Elevated Storage Tank ,_ Residents Transmission Main Distribution Main Treated Water Customers San Patricia ., Violet Water Supply Corporation South Texas Water Authority Port Aransas Texas A&Re University - CorVus Christi N.A.S. Utility Bill Breakdown Raw Water Inside City Limits Residential and Commercial Outside City Limits Residential and Commercial Industrial customers Port Aransas & Violet Water Supply Corporation San Patricio Municipal Water District South Texas Water Authority Raw Water Customers • • • • • • Treatment • • • • • Transmission • • • • Distribution • • Stormwater • L Costs ( -Adjustments) Volume Unit Cost N$45i0 0 2 $40 $35 $30 $25 $20 $15 $10 $5 so Raw Water FY14 Debt FY15 Debt FY 14 O&M Ir FY 15 O&M Treatment Plant Transmission Lines Distribution Lines Storm Water 9 Water Fund Water CIP Loan Payment Storm Water CIP Loan Payment Storm Water 0 & M Salary Related Expenses Purchase of Lake Texana Water Contracted Services Services from Other Departments Materials & Supplies for Crews Light & Power Purification Chemicals Vehicle Replacement Water Fund 2014 2015 $10 $20 $30 $40 $50 Millions Operations & Maintenance Expenses O&M Costs Annual Costs $100 $90 $80 $70 Future O&M Costs $60 $50 $40 $30 Actual Projected $20 $10 $0 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 2032 2034 Fiscal Year Assumptions • Salary Related Expenses 4% per year • O&M Related Expenses 2% per year • Prior to 2015 Actuals • 2015 and Beyond Rate Model • O&M only, Debt Next week Cost Control Measures • Model includes No Increase in FTE • Consolidated Utilities — Reduced Vehicles — Increased Maintenance Capability • Large Scale Maintenance Projects In -House • Multi Year Contracts & Supply Agreements — IDIQ — Chemicals Water Fund $30.0 Ln 0 2 $25.0 $20.0 $15.0 $10.0 $ 5.0 $- Independent of Volume Costs FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Vehicle Replacement Materials & Supplies for Crews Salary Related Expenses Water Fund • Salary Related Expenses — Salaries & Wages — Retirement — Group Medical • Materials & Supplies for Crews — Hydrant parts — Repair Clamps and Couplings — Equipment Rental • Vehicle Replacement Water Fund $30.0 Ln 0 2 $25.0 $20.0 $15.0 $10.0 $ 5.0 $- Independent of Volume Contract Costs FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Services from Other Departments Contracted Services Purchase of Lake Texana Water Water Fund • Services from Other Departments — Legal support — Engineering Services — Purchasing / Accounts Payable — MIS • Contracted Services — Mowing Contractor — Outside Engineering & Legal Services — USGS / CBBEP Environmental Studies • Purchase of Lake Texana Water Water Fund $30.0 Ln 0 2 $25.0 $20.0 $15.0 $10.0 $ 5.0 $- Variable Costs FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Purification Chemicals Light & Power Water Fund • Purification Chemicals — Chlorine — Polymer — Alum — Liquid Ammonia • Light & Power Water Fund $30.0 Ln 0 2 $25.0 $20.0 $15.0 $10.0 $ 5.0 $- Stormwater O&M FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Stormwater O&M 21 Water Fund • Stormwater System O&M — Salaries & Wages — Services from Other Departments — Contracted Services — Materials & Supplies • Ditch Maintenance • Storm Water Quality Monitoring Questions • Questions AGENDA MEMORANDUM City Council Meeting of March 10, 2015 DATE: TO: FROM: February 20, 2015 Ronald L. Olson, City Manager Miles Risley, City Attorney MilesR@cctexas.com 826-3873 City of Corpus Christi Code of Ethics STAFF PRESENTER(S): Name 1. Miles Risley 2. Lisa Aguilar OUTSIDE PRESENTER(S): Name 1. Dr. Haysam Dawod 2. Karon Connelly 3. Larry White 4. Rod Wolthoff Title/Position City Attorney Assistant City Attorney Title/Position Ethics Commission, Chair Ethics Commission, Vice -Chair Ethics Commission member Ethics Commission member Department Legal Department Legal Department Organization BACKGROUND: The last amendments to the Code of Ethics were approved in 2012. The attached presentation begins with a review of the Code of Ethics, and concludes with description of the five amendments to the complaint and hearing process that are being proposed by the Ethics Commission, described as follows: 1) to amend complaint process to allow unsworn (un - notarized) declarations that are signed under penalty of perjury; 2) to clarify that the rules of conduct is referring to Section 2-311 of the City Code; 3) to allow the person complained against to have 10 calendar days to submit written response to the complaint; 4) to reduce the number of votes to find a violation, from majority of the quorum, to majority of the members present at the hearing; and 5) specify that the full Council receives their recommendations regarding finding of violation by Councilmember of Council appointee, and the City Manager receives their recommendation regarding City employees. LIST OF SUPPORTING DOCUMENTS: PowerPoint — City Council Code of Ethics Presentation 03102015 Amendments to Code of Ethics Current Code of Ethics Rules of Conduct Overview of City Code of Ethics Council Presentation March 10, 2015 2015-0169 City Code of Ethics ➢Code of Ethics - Chapter 2, Art 5 of City Code ➢First approved in 1982 ➢Members appointed to 3 -year terms ➢Meetings must comply with Open Meetings Act ➢Ethics Commission Jurisdiction over: ➢ Mayor, Council Members, Council appointees ➢ City Manager, Deputy & Assistant City Managers ➢ Department Heads & Municipal Court Judges Ethics Complaint Requirements > City -promulgated form specifies procedures for laymen. > Must be in writing. > Must specify ethical rule alleged to be violated & the facts alleged to constitute the violation. > Must be sworn to and signed. > Must be filed with City Secretary. > Must be filed within 6 months from date that complainant knew or should have known about action alleged as a violation. Ethics Commission Procedures ➢Ethics Commission (EC) reviews complaint to determine if it meets minimum requirements ➢EC notifies complainant & respondent whether hearing will be scheduled ➢Respondent has 10 days to submit response prior to EC decision about whether to hold formal hearing on complaint ➢If denied by EC, Complainee has 15 days to refile Possible Sanctions ➢If Ethics Commission determines violation occurred, it may recommend reprimand, suspension, removal or other corrective action »City Council will consider recommendation of Ethics Commission, but may exercise discretion in action against City Manager or member »Ethics Commission can issue interpretations Ethical Standards -General »Do not use your office for private advancement or to gain special privileges or exemptions for yourself or others »Do not grant any special consideration to any group that is not generally available »Do not use any City resources for purposes unrelated to the interests of the City except as are available to the public Ethical Standards - Gifts »Do not accept or solicit any gift offered with intent to influence or reward official conduct »Exceptions to Gift Prohibition: > Special occasions -weddings, holidays, anniversaries, graduations, births, illnesses, deaths > Reimbursement for travel - if disclosed on travel report > Award for service or achievement > Loan from lending institution -regular business > Scholarship awarded on terms applied to applicants Ethical Standards Gift Exceptions (cont'd) ➢Solicitation for charity or civic cause ➢Admission to event in connection with position ➢Gifts accepted for City of Corpus Christi ➢Admission to a widely attended event in official capacity as a City representative or w -ceremonial role ➢Unsolicited admission to charity event by sponsor ➢Training (including meals) related to official duties Ethical Standards -Conflicts > If City Council is considering contract with entity with which you have any financial interest: > Make written disclosure to City Sec'y & CM > Abstain from vote or decision > Do not participate in discussion of matter with City Council, CM, or City employees > [Exceptions - less than $200 value or acting as a subcontractor with fair and reasonable compensation] Ethical Standards - Conflicts > City officials may apply for services or discuss personal services from City as long as they notify City Sec'y & CM in writing of conflict & personal capacity > Do not engage in outside activities or employment that can impair independent judgment in performing duties > Do not represent defendants in Municipal Court > Do not receive fees for official services from entities other than the City except as authorized by City Council or provided by law Ethical Standards - Conflicts ➢Do not disclose info that could harm property or affairs of City ➢Includes attorney-client privileged info ➢Includes info received in executive sessions ➢Includes confidential info disclosed prior to public release by management 11 Ethical Standards -Violations of Law »Do not knowingly act or refuse to act to thwart execution of federal, state or local laws or regs Do not engage in: »fe1ony crime, »misdemeanor of moral turpitude, or »other conduct that reflects discredit on City Ethical Standards - No Substantial Interest ➢ Do not have substantial interest in contract with City -Substantial interest w -entity- TLGC 171.002 ➢Owns 10% or more of entity, ➢Owns more than $15,000 of value in entity ➢Receives more than 10% of one's income from entity ➢Owns more than $2,500 of parcel of realty ➢First degree relative of person w-subst int Ethical Standards -Conflicts ➢To preserve independence of appointees - Do not speak before City board, commission or committee except on behalf of one's own financial interest that is publicly stated ➢Do not give orders to any City employee - except through City Manager Ethical Standards - Conflicts »Do not participate in appointment of member of board, commission or committee any person who: ➢Is related within third degree by consanguinity or within the second degree by affinity ➢Is your employer ➢Is a director or officer or 10%+ owner of a business entity that is your employer Recent changes to Ethics Code > March 2012 - Defined "conflict of interest" to include "any interest" as requiring abstention > March 2012 - Changed number of persons required to swear to complaint from 5 to 1 > May 2012 -Amended to prohibit employees from violating confidentiality or privacy rights of an individuals including those being counseled through a city program Ethics Commission -5 Proposed Amendments to Complaint and Hearing Prnracc > Amend complaint process to include unsworn (un -notarized) declarations under the Unsworn Declaration Act that are signed under "penalty of perjury" > Clarify that "rules of conduct" in the complaint section is referring to Section 2-311 of the Ethics Code > Clarify person complained against has 10 calendar days to submit a written response Ethics Commission -5 Proposed Amendments to Complaint and Hearing Prncecc > Reduce the number of votes to find an Ethics Code violation from majority of Commission (5 votes) to majority of the quorum present > Clarify that the full Council receives EC recommendations findings regarding finding of violations by Councilmember or a Council appointee, and City Manager receives EC recommendation regarding employee AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2 REGARDING CODE OF ETHICS; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That City Code of Ordinances, Chapter 2, Article V, regarding the Code of Ethics, Division 2, Ethics Commission, Section 2-330, Complaints, and Section 2-334 Sanctions, are revised. The deleted text is shown in redlined form, with the new text shown in underlined text. Sec. 2-330. Complaints. (a) A sworn complaint alleging violation of the code of ethics shall specify the provisions of the Rules of Conduct (Section 2-311) alleged to have been violated and facts alleged to constitute the violation. In lieu of a complaint sworn to under oath, the complainant may subscribe to the complaint using an unsworn declaration prepared in compliance with the Texas Unsworn Declaration Act, Texas Civil Practice and Remedies Code, chapter 132, as amended. (b) Upon the complaint of any one (1) person filed with the city secretary's office, the commission shall consider possible violations of the code of ethics by city officials and board members and former city officials and board members other than members of this commission. In addition, the commission shall consider such possible violations when referred to it as a complaint by majority vote of all council members holding office and qualified to vote thereon. The council may direct the city attorney to draft such referred complaint, which shall be reviewed as other complaints hereunder. The council members voting for the complaint shall sign the complaint. (c) A complaint alleging a violation must be filed with the city secretary within six (6) months from the date the complainant knew or should have known of the action alleged as a violation, and not afterward. (d) (1) The city secretary, after receiving a complaint submitted in accordance with subsection (a) above, shall, within three working days, acknowledge receipt to the complainant and provide a copy to the city attorney, the commission, and the person complained against. (2) The person complained against shall have ten calendar days, from receipt of the complaint, to submit a written response to the complaint to the city secretary. 2 (3) The commission shall, not earlier than the time allotted in (d)(2) and not later than thirty calendar days after receipt of a complaint by the city secretary, notify in writing the person who made the complaint and the person complained against whether it intends to schedule a hearing or take other action concerning the complaint. (4) The complainant shall have one opportunity within fifteen calendar days of any denial of their original complaint by the commission to amend their complaint and refile the same with the commission. (e) If the commission determines such party's complaint or defense was groundless, legal fees incurred by the complainants, the commission, and the party complained against, in an amount determined reasonable by the commission may be awarded against the unsuccessful party. "Groundless" means (1) without basis or fact, or (2) not warranted by law or reasonably arguable interpretation thereof. The complainants shall not be liable for such fees if the commission has determined grounds exist for a hearing. Sec. 2-334. Sanctions. (a) If the commission determines that a violation occurred, it shall proceed directly to determine its recommendation of appropriate sanctions. The affirmative vote of a majority of the quorum present shall be required for the determination that a violation has occurred and the recommendation any sanction under this code of ethics. The commission may receive additional testimony or statements before considering sanctions, but is not required to do so. (b) If the commission determines that a violation has occurred: (1) Against a council member or against a board member or city official appointed or confirmed by the council, it may recommend to the full city council a reprimand, temporary suspension, removal or any other sanction or corrective action within the power of the city council, or recall by the citizens. (2) Against a city official other than those in (1), it may recommend to the city manager that appropriate action be taken, as deemed necessary by the city manager. (c) In determining its recommendation, the commission shall consider the seriousness of the violation, the importance of deterrence, the impact on public confidence in government, the violations' repeated or isolated nature, the mental state with which the violation was committed, and the prior record of the person complained against. The recommendation shall be reduced to writing and transmitted to the supervisory authority and to the person complained against. 3 (d) If the commission finds that conduct occurred which, if willful, would violate the rules of conduct, but the commission cannot determine that the conduct was a willful violation because of ambiguity as to the meaning of the standard of conduct involved, the commission will recommend no sanction, but will issue a clarifying interpretation to guide future cases. (e) Nothing in the code of ethics shall change or affect the civil service, at will, or other status of any employee, city official, or board member as established by the City Charter and ordinances. (f) The city council or supervisory authority shall consider the recommendation of the commission, but will exercise its own judgment and discretion in determining what action, if any, to take. (g) If the commission determines that a violation of any criminal law has occurred, it shall deliver a copy of its findings to the complainants, the person complained against, and the city attorney, recommending whether prosecution should be initiated or setting forth requirements to be complied with in order that voluntary compliance requirements may be had. Said findings shall also be delivered to the county attorney or district attorney, if a violation may be within their jurisdiction. (Ord. No. 20781, § 1, 9-19-1989) SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance shall take effect upon final City Council approval. 4 PART III -THE CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE V. - CODE OF ETHICS DIVISION 1. RULES OF CONDUCT DIVISION 1. RULES OF CONDUCT Sec. 2-310. Preamble. Sec. 2-311. Standards. Sec. 2-312. Definitions. Sec. 2-313. Effect of violation. Sec. 2-314. Exceptions to abstention requirement. Sec. 2-315. Freedom of expression. Sec. 2-316. Lobbyist registration. Secs. 2-317-2-319. Reserved. Sec. 2-310. Preamble. The purpose of this Code of Ethics is to promote public trust by establishing rules of conduct for city council members, board members, and employees; by providing a fair process for receiving and adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the basis for possible sanctions, and are therefore intended to clearly define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules; in such situations, council members, board members, and employees are encouraged to keep in mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of impropriety even where not compelled by the rules. If a council member believes that he/she should abstain from voting on an item to avoid the appearance of impropriety, as encouraged by this Code of Ethics Ordinance, or who in discussing or voting on an issue is unable to take an unbiased position, that council member shall be disqualified from discussions about and subsequent voting for that item under this city ordinance. The city recognizes that city council members are also members of the society and, therefore, cannot and should not be without any personal and economic interest in the decisions and policies of government; that city council members retain their rights as citizens to interests of a personal or economic nature and their rights to publicly express their views on matters of general public interest. It is not the intent of this ordinance to diminish the rights of city council members as citizens of the community. However, city council members may not use their positions in dealing with the city manager or city employees to advance their personal economic interest, their families' economic interest, or the entities in which they have a substantial interest. (Ord. No. 23772, § 1, 9-21-1999; Ord. No. 028170, § 1, 5-12-2009; Ord. No. 028271, § 2, 8-18-2009; Ord. No. 029428, § 1, 3-27-2012) Sec. 2-311. Standards. The following rules of conduct apply to all council members, board members, and employees: Corpus Christi, Texas, Code of Ordinances Page 1 PART III -THE CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE V. - CODE OF ETHICS DIVISION 1. RULES OF CONDUCT Special privileges. (1) You shall not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. (2) You shall not grant any special consideration, treatment or advantage to any person or group beyond that which is available to others generally. (a) You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such are lawfully available to the public. Notwithstanding the foregoing sentence, Corpus Christi police officers, airport public safety officers and municipal court marshals may wear their city -issued uniforms, badges, and other uniform attire, may use their city -issued radios, and may carry their city -issued weapons, on approved off-duty law enforcement employment; and Corpus Christi fire fighters may wear their city -issued uniforms, badges, and other uniform attire, and use their city -issued radios on approved off-duty fire watch employment. (b) You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shall be construed consistently with Texas Election Code Section 255.003. (4) Unless you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause. (5) You shall maintain appropriate relationships with other officials, employees, customers, defendants, and individuals receiving services from you or your organizational unit, and shall not use your position to engage in any inappropriate personal relationships. (3) Gifts: (6) You shall not accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. (6) (a) Special applications. Subsection 2-311(5) does not include: (1) A gift to a city official or employee relating to a special occasion, such as a wedding, anniversary, graduation, birth, illness, death, or holiday, provided that the value of the gift is fairly commensurate with the occasion and the relationship between the donor and recipient; (2) Advancement for or reimbursement of reasonable expenses for travel in connection with official duties provided by third parties must be disclosed in the travel report; payment for or reimbursement of expenses for travel in excess of authorized rates under city policy will be treated as a personal gift to the official or employee for any applicable reporting requirement; A public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion and it is not prohibited under Texas Penal Code Section 36.08 (Gift to Public Servant by Person Subject to His Jurisdiction); (4) A loan from a lending institution made in its regular course of business on the same terms generally available to the public; (3) Corpus Christi, Texas, Code of Ordinances Page 2 (7) PART 111 - THE CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE V. - CODE OF ETHICS DIVISION 1. RULES OF CONDUCT (5) A scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants; (6) Any solicitation for civic or charitable causes; (7) Admission to an event in which the city official or employee is participating in connection with his or her spouse's position; (8) Ceremonial and protocol gifts presented to city officials from a foreign government or international or multinational organization and accepted for the City of Corpus Christi; Admission to a widely attended event, such as a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception or similar event, offered by the sponsor of the event, and unsolicited by the city official or employee, if attending or participating in an official capacity, including: (A) the official or employee participates in the event as a speaker or panel participant by presenting information related to matters before the city; or (B) the official or employee performs a ceremonial function appropriate to that individual's position with the city; or (C) attendance at the event is appropriate to the performance of the official duties or representative function of the official or employee; (10) Admission to a charity event provided by the sponsor of the event, where the offer is unsolicited by the city official or employee; (11) Admission to training or education program or other program, including meals and refreshments furnished to all attendees, if such training is related to the official or employee's official duties and the training is in the interest of the city. In the event you receive any gift or loan of property or services on behalf of the city, you shall promptly deliver such gift or loan to the city manager for official acceptance and inventory of the city. (9) Conflicts of interest: (8) (A) If a contract or business transaction involving the city, in which you or one of your relatives have a conflict of interest or potential conflict of interest comes before you in the performance of your official duties, you shall take the following actions: (i) Immediately make a written disclosure of your interest in the matter to the city secretary and city manager. (ii) Abstain from any vote or decision. (iii) Not participate in any discussion on the matter with members of the council, the city manager, or city employees. (B) You may not use your position to influence the action of a city official or employee in the performance of their duties related to a contract or business transaction in which you or one of your relatives have a conflict of interest or potential conflict of interest. (C) If you were initially not aware that you or a relative has a conflict or potential conflict of interest, you must comply with (7)(A) as soon as you become aware that you have or should have been aware that you have the conflict or potential conflict of interest. Corpus Christi, Texas, Code of Ordinances Page 3 PART III -THE CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE V. - CODE OF ETHICS DIVISION 1. RULES OF CONDUCT (D) However, you may apply for city services or discuss your personal interest with a city representative on behalf of your own interest if you notify the city secretary and city manager in writing that you have a personal interest in a matter that requires action by the city, and that you are acting strictly in your private capacity, and not as a member of the city council or board or as a city employee and you advise any member of the city council, city board or commission, or any city employee you are dealing with that you are appearing only in your private capacity. (9) You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your independent judgment in the performance of your duties, or reflect discredit upon the city. (10) You shall not represent any other private person, or group or interest in any action or proceeding against or adverse to the interest of the city or in any litigation in which the city is a party. (11) You shall not represent any other private person or group in any action or proceeding in the municipal courts of the city which was instituted by city officers or employees in the course of their official duties. (12) You shall not receive any fee or compensation for your official services from any source other than the city except as may be provided by law or authorized by the city council. Actions adverse to the city: (13) You shall not disclose information that could adversely affect the property or affairs of the city, except as required by law. (14) You shall not knowingly perform or refuse to perform any act in order to deliberately thwart the execution of federal, state or local laws or regulations or the achievement of any official city programs. (15) You shall not engage in any felony crime, misdemeanor involving moral turpitude, or other conduct that reflects discredit on the city. Provisions for council members: (16) As a city council member, individually, you shall not have a substantial interest in any contract with the City of Corpus Christi. (17) In order to preserve and promote independent advice and decisions from city boards and the integrity of the independent board process as a council member, you shall not speak before any city board, commission or committee except on behalf of your own financial interest; in which case, you shall publicly state the nature of your financial interest and that you are appearing only in your private capacity. (18) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. (19) As a council member, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the city, or to the governing body of an independent entity all or part of whose members are appointed by the city council, after you are aware that an individual seeking, being promoted for, or being considered for the position: (1) Is related to you within a degree described by Section 573.002, Texas Government Code; (2) Is your employer; Corpus Christi, Texas, Code of Ordinances Page 4 PART III -THE CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE V. - CODE OF ETHICS DIVISION 1. RULES OF CONDUCT (3) Is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer; or (4) Owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer. Provisions for board members: (20) As a board member, you shall not have a substantial interest in any contract with the city in which your board or commission, or the city department related thereto, has jurisdiction. (21) As a board member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the city council, or any board which has appellate jurisdiction over your board, commission or committee, concerning a matter which is within the subject matter jurisdiction of your board. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) Provisions for employees: (22) As an employee you shall not have an interest in any contract with the city. This prohibition does not include any employment contract which may be authorized for the employee, a contract of sale for real property or a contract for services which are available for all citizens. (23) Unless previously recommended by the city manager, and approved by the ethics commission, as an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any formal or informal appearance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee. (24) As an employee, you shall not represent or appear on behalf of the private interest of others before the city council or any board, commission or committee of the city. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest). (25) As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is subject to review or inspection by your department, even if you do not personally review or inspect the work of the business or individual. (26) As an employee, you may not violate the confidentiality or privacy of an individual, including a juvenile and adult defendants or detainees or juvenile clients being counseled through a city program, unless it is to seek emergency assistance or consultation services from within the city's program or school campus; the individual has threatened to harm themselves or others; or to provide details of any criminal activity or enterprise. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 20913, § 1, 5-1-1990; Ord. No. 23772, § 2, 9-21-1999; Ord. No. 24613, § 1, 10-9-2001; Ord. No. 025769, § 1, 5-25-2004; Ord. No. 027642, § 1, 4-8-2008; Ord. No. 028170, § 1, 5-12-2009; Ord. No. 028271, § 2, 8-18-2009; Ord. No. 029428, § 1, 3-27- 2012; Ord. No. 029467, § 1, 5-8-2012) Sec. 2-312. Definitions. The following definitions apply to the above rules of conduct: Corpus Christi, Texas, Code of Ordinances Page 5 PART III -THE CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE V. - CODE OF ETHICS DIVISION 1. RULES OF CONDUCT Board member: A member of any board, commission or committee of the city, including the board of any corporation created by the city. Conflict of interest: Any interest, reasonable expectation of an economic benefit, substantial interest, or anticipated substantial interest in a matter or business transaction involving the city that could influence an individual's ability to make an impartial decision. Economic benefit: An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. Employee: Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. Interest: Any direct or indirect pecuniary or material benefit in a contract or transaction other than: (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which would not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200.00) in value; or An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired for a public purpose and just compensation must be paid under the Texas Constitution after obtaining an independent appraisal. Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law and adoptive relationships being treated the same as natural relationships. Substantial interest: Any interest in a business entity if the person or relative owns ten (10) per cent or more of voting stock or shares of the business entity or owns ten (10) per cent or more or five thousand dollars ($5,000.00) or more of the fair market value of the business entity or funds received from the business entity exceeds ten (10) per cent or more of the person's gross income for the previous year. A person has a substantial interest in real property if he or his relative controls or has an equitable or legal ownership interest with a fair market value of two thousand five hundred dollars ($2,500.00) or more. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028170, § 2, 5-12-2009; Ord. No. 028271, § 3, 8-18-2009; Ord. No. 029428, § 1, 3-27-2012) (3) Sec. 2-313. Effect of violation. A violation of these rules of conduct shall subject the council member, board member or employee to appropriate disciplinary proceedings, but such violation shall not render the action of the city voidable by the city unless the action would not have been approved without the vote of the person who violated the rules of conduct. (Ord. No. 20781, § 1, 9-19-1989) Corpus Christi, Texas, Code of Ordinances Page 6 AGENDA MEMORANDUM City Council Meeting of March 10, 2015 DATE: TO: March 20, 2015 Ron Olson, City Manager THRU: Gustavo Gonzalez, Assistant City Manager of Public Works and Utilities q ustavogo@cctexas. com 361-826-3897 FROM: Valerie H. Gray, P.E. Executive Director of Public Works valerieq@cctexas.com 361-826-3729 Jerry Shoemaker, P.E. Acting Director of Capital Programs jerry2@cctexas.com 361-826-3516 UPDATE TO CITY COUNCIL Bicycle and Pedestrian Plan Revision STAFF PRESENTER(S): Name Jerry Shoemaker Acting Director Capital Programs OUTSIDE PRESENTER(S): Name Title/Position Agency Jeffrey Pollack Executive Director Corpus Christi Metropolitan Planning Organization Title/Position Department BACKGROUND: This presentation will update the City Council on revision of Bicycle and Pedestrian Plan by Corpus Christi Metropolitan Planning Organization. Jeffrey Pollack Executive Director, will discuss vision goals, and objectives, and project schedule in collaboration with the City. It is for informational purposes only and no action is required. LIST OF SUPPORTING DOCUMENTS: Presentation — Bicycle and Pedestrian Plan Revision Strategic Plan for Active Transportation Phase 1 -Bicycle Mobility Corpus Christi City Council — Tuesday, March 10, 2015 Jeff Pollack Transportation Planning Director CORPUS CHRISTI MPn METROPOLITAN PLANNING ORGANIZATION Anatomy of a Bicycle Mobility Plan 1. Vision, Goals, Objectives, Performance Measures. 2. System Details (where, what, and how). 3. Supporting Infrastructure (racks, wayfinding, bike share). 4. Education, Encouragement, and Enforcement Programs. 5. Policy and Code Reform Programs. Anatomy of a Bicycle Mobility Plan 1. Vision, Goals, Objectives, Performance Measures. 2. System Details (where, what, and how). 3. Supporting Infrastructure (racks, wayfinding, bike share). 4. Education, Encouragement, and Enforcement Programs. 5. Policy and Code Reform Programs. Vision, Goals, Objectives, Metrics Active Transportation Plan Vision (working): The metropolitan area of the Coastal Bend is a place where walking and biking are integral to the community culture and represent viable, safe travel and recreation options for residents and visitors of diverse abilities. Vision, Goals, Objectives, Metrics Phase 1 Goals (working): 1. Develop of a cohesive, strategic network of bicycle facilities that accommodates a diversity of riders. 2. Enhance bicycle mode share for trips of all types. 3. Promote health and wellness through bicycling. 4. Enhance safety for bicyclists. Schedule (Phase 1 -Bicycle Mobility) A = Meeting with Partners/Steering Committee FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC Project Scoping Public Involvement / Qualitative Data Collection Quantitative Data Collection Data Analysis / Plan Development Plan Production JAN FEB MAR Dissemination Stakeholders Tier 1: PLAN Users Example: Municipalities, TAC, RTA, DMD. Input Vehicles: Steering Committee, key informant interviews. Tier 2: FACILITY Users Example: Commuters, students, recreational riders. Input Vehicles: Neighborhood meetings, virtual town hall. 1. MPO staff time. 2. City of Corpus Christi/partner staff time. 3. Decision maker (plan users) guidance (Steering Committee). 4. Active participation/input by facility users. 5. Potential financial support for discrete consulting tasks (Bicycle facility selection; public involvement). phgse 5icc1e Corpus Christi Metropolitan ?Joining orgoilicrtion - ?Joining for Mobilit, ScFeti nd Accessibi% for Everyone