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HomeMy WebLinkAboutC2010-310 - 6/29/2010 - Approvedr f c -`° ;,n s STATE OF TEXAS § COUNTY OF TRAVIS § 4 ~~ . CSJ # 0916-00-054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 LOCAL TRANSPORTATION PROJECT NON-CONSTRUCTION ADVANCE FUNDING AGREEMENT For a Surface Transportation Project -Metropolitan Mobility On System Projecf THIS Local Project Advance Funding Agreement for Non-Construction (LPAFA-NonCST) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter referred to as the "State", and the City of Corpus Christi, Nueces County, and San Patricio County, each acting by and through their duly authorized officials, hereinafter referred to as the "Local Governments". BACKGROUND A Master Agreement between each of the Local Governments and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA- NanCST. Federal law establishes federally funded programs for transportation improvements to implement its public purposes, including the Surface Transportation Projects. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds. The Texas Transportation Commission passed Minute Order 112237, which provides for development of and funding for the Project identified in this LPAFA-NonCST. The Governing Body of the Local Governments has each approved entering into this LPAFA-NonCST by resolution or ordinance; which are attached and made part of the LPAFA-NonCST as Attachment A. THEREFORE, in consideration afthe mutual promises contained in this LPAFA-NonCST, the parties agree to the following. Agreement TxDOT Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the close of ordinary business on January 31, 2013 2. Scope of Work The scope of work is the Project as detailed in Attachment B, which is attached and made part of this LPAFA-NonCST. 3. Local Project Sources and Uses of Funds 2010-310~st of the Project is shown in Attachment C, which is attached and made Res. 028662~nCST. The State will pay far only those Project costs that have been 06/29/10 Wage 1 of 6 Revised 12/11/2009 ~~~~ r r S,a . T csJ # o916-as-os4 a District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Governments far any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. The Local Governments are responsible for 100% of the cost of any work performed under there direction or control before the federal Letter of Authority is formally issued. If any of the Local Governments will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Governments must complete training before a letter of authority is issued. Training is complete when at least one individual who is working actively and directly an the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Governments shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of any of the Local Governments or an employee of a firm that has been contracted by the Local Governments to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Governments have not designated a qualified individual to oversee the Project. b. The State will be responsible for securing the Federal and State share of the funding required for the Project. If the Local Governments are due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. The Local Governments are responsible far the non-federal and non-State participation costs associated with the Project, the State is responsible for overruns in excess of the approved local Project budget. Ifs .~I~ttic~~P~~}e~+~#~#~~fate tiArill nn+ifir +hr~ I nn.~l (~n1rornr.~.-. n# in ~nrri~inn Tho~~ s 1w,Tttep n^+i{~n~finn The State wilt not pay interest on any funds provided by the Local Government. c. The Local Governments shall request payment by submitting the original of an itemized invoice in a form acceptable to the S#ate. The Local Governments may submit an ini-oice no more frequently than monthly and no later than ninety days after incurring a cost. Each invoice shall itemize charges and shall attach documentation showing the name, hourly rate, and number of hours worked for all labor charges, the basis for allocation of any indirect costs, and copies af. invoices for any direct costs over $1,000. d. Whenever funds are paid by the Local Governments to the State under this LPAFA-NonCST, the Local Governments shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. These funds may only be applied to the Project. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Governments, the State, or the Federal government will be promptly paid by the owing party. After final Project accounting, if excess funds remain in the escrow account, those funds may be applied by the State to the Local Governments' contractual obligations to the State under another advance funding agreement. e. If the Project has been approved far a fixed price or incremental payments under 43 TAC §15.52, Attachment C will clearly state the amount of the fixed price or the incremental payment schedule. If the Local governments are an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, Attachment C will reflect those adjustments. AFA-LPAFA NonConstruction.doc Page 2 of 6 Revised 12/11/2009 . ~ , CSJ # 0916-00-054 a ~~ District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasilaility Study CFDA #20.205 f. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the LPAFA-NonCST or indirectly through a subcontract under the LPAFA- NonCST. Acceptance of funds directly under the LPAFA-NonCST or indirectly through a subcontract under this LPAFA-NonCST acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. g. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. h. Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used and the Local Governments are performing any work, either directly or through a contractor, it must comply with the following provisions. If the Local Governments are receiving ARRA funds, but are not performing any work, the following provisions apply, if appropriate, and to the extent necessary to comply with ARRA regulations. In accordance with Section 902 of the ARRA, should this agreement involve the expenditure of ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to: a. examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to the contract or subcontract; and b. interview any officer or employee of the contractor or any of its subcontractors, or any State or local agency administering the contract regarding such contracts. Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of the Comptroller General. In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant awarded using covered funds, any representative of an appropriate inspector general appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized: a. to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agencies administering such contract that pertain to and involve transactions relating to the contract, subcontract, grant, or subgrant, and b, to interview any officer or employee of the contractor, grantee or subgrantee, or agency regarding such transactions. Section 1515(b) further provides that nothing in the section previously mentioned shall be interpreted to limit ar restrict in any way the existing authority of an inspector general. The ARRA requires that the Contractor report monthly employment information for its firm as well as that of all of its subcontractors. The Contractor, similarly, shall include this reporting requirement in all of its subcontracts. Failing to include the requirement in agreements with subcontractors can serve as grounds for contract termination. Form FHWA-1589, Monthly Employment Report, promulgated by the Federal Highway Administration (FHWA), captures the necessary monthly employment information and shall be AFA-LPAFA_NonConstruction.doc Page 3 of 6 Revised 12/11/2009 [ ~ ~ e i cs~ # x916-o0-054 District # Ol 6 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 submitted by the Contractor on a regular basis to the LG (Local Government}. It is the responsibility of the LG to obtain this form from the prime Contractor and any subcontractors and, the LG shall verify the accuracy, completeness, and reasonableness of the data contained in the farm. The LG shall ensure that this form is submitted by the LG to the State according to the policies and at the direction of the State. In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the State all information requested by the State, including data or information in possession of contractors and subcontractors for completing other necessary reporting forms, and the information shall be submitted in the manner required and according to all due dates as set by the State. Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have authority to examine the records of the contractor, subcontractor, or local agencies relating to the project at any time. i. Whenever funds from the American Recovery and Reinvestment Act of 2009 (ARRA) are distributed to the Local Governments, the Local Governments must complete its Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC), as required by OMB Circular A-~ 33, and separately identify any ARRA expenditures far Federal Awards. j. Payment under this contract beyond the end of the current fscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to any parties. 4. Notices All notices to all parties by the other parties under this Agreement shall be delivered personally or sent by certified or IJ.S. mail, postage prepaid, addressed to such party at the following addresses: Local Government: City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Austin, Texas 78701 Local Government: San Patricio County 400 West Sinton #109 Sinton Texas 78387 Local Government: Nueces County 901 Leopard Street Corpus Christi, Texas 78401 All notices shall be deemed given on the date delivered or deposited in the mail. All parties may change the above address by sending written notice of the change to all other parties. All parties AFA-LPAFA_NonConstruction.doc Page 4 of 6 Revised 1 211 112 0 0 9 i i i,e CSJ # 0916-00-054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 may request in writing that notices shall be delivered personally or by certified IJ.S. mail, and the request shall be carried out by all other parties. 5. Termination Termination of this LPAFA-NonCST shall be under the conditions as stated in the Master Agreements, without exception. 6. Amendments Amendments to this LPAFA-NonCST shall be made as described in the Master Agreements, without exception. 7. Document and Information Exchange The State agrees to electronically deliver to the local governments as requested any general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the local governments, the Local Governments will use the State's document template. The Local Governments shall also provide a detailed project time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Governments creates the documents with its own forces or by hiring a consultant or professional provider. 8. Incorporation of Master Agreement Provisions This LPAFA Non-CST incorporates all of the governing provisions of the Master Funding Agreements in effect on the date of final execution of this LPAFA Non-CST, unless an exception has been made in this agreement. 9. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Governments certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification. AFA-LPAFA_NonConstruction.doc Page 5 of 6 Revised 12/11/2009 . ~ ~'~ CSJ # 0916-00-054 District # 016 Code Chart 64 #09800, SOI78, 50205 Project: South Loop Feasibility Study CFDA #20.205 10. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this LPAFA- NonCST on behalf of the entity represented. THEREFORE, the parties have executed this LPAFA-NonCST in quadruplicate originals. Th~ity of Corpus Christi Name Printed ame and Title Bpi 10 .es, Dat ..,.,. .. r.rRay~w.i~r'~r~w $l:C~~7'ARY ~• San Patr' Count~y~-- ~... Na Print d Name d Title ~~ Da Nueces County ~. Name Printed Name and Title I~O~ cc~ G~ ~ }~ ~3vt~~~~- Date Approved as is Legal form; ~L'd ~ W ~l/ v~ Veronica Ocanas Assistant City Attorney Far City Attorney THE STATE OF TEXAS Executed far the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating andlor carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. nice Mullenix,-` r irector of Contract Services Texas Department of Transportation Da AFA-LPAFA_~lanConstruction.doc Page 6 of 6 Revised 1 211 1120 09 CSJ # 091 b-00-054 District # O I6 Code Chart b4 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 ATTACHMENT A Resolutions or Ordinances Page 1 of 1 Attachment A I ~ ~ ~ Attachment A Local Resolution, Qrdinance or Approved Minutes CORPUS CHRISTI Resolution RESOLUTION AUTHORISING THE CITY MANAGER OR H!S DESIGNEE TO EXECUTE A LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR NON-CONSTRUCTION (LPAFA-NonCST~ WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) IN THE AMOUNT OF $'! 12,000.00 FOR THE SOUTHSIDE MOBILITY CORRIDOR FEASIBILITY STUDY FOR A TERM OF TWO YEARS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST!, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute a Local Project Advance Funding Agreement for Non-Construction (LPAFA-NonCST} with the State of Texas, acting by and through the Texas Department of Transportation, in the amount of $112,000.00, for atwo-year term, for the Southside Mobility Corridor Feasibility Study. ATTEST: '7 °~~_ Armando Chapa City Secretary CITY OF CORPUS CHRISTI Jae ame Mayor APPROVED AS TO FORM: 17-Jun-10 By: ~rv~~ Veronica Ocanas Assistant City Attorney For City Attorney AT IA[:I-IIVItN I R PAGE 1 OF 2 H:ILEG-DIRIVeronica011.ENG11 ..... A G E N b A I T E M S11010629i01062910 RESO LPAFA TxdoT ~.3.docx ~~.. ~~day of . , 2010. The above resolution was passed by the following vote: .foe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal .lohn E. Marez Nelda Martinez Mark Scott c~~~~~~ A f TACT-IfVIEIV'I A PAGE 2 OF 2 H:ILEG-DIR1Verortica011.ENG11 ..... AGENDA ITEM 51101U8291D10$2910 RESO LPAFA TxDOT v.3.docx NUECES COUNTY Minutes Note Item 3 Consent Agenda , F. County of Nueces State of Texas § Know all men by these presents My name is Diana T. Barrera. I am Cleric of the Nueces County Commissioners Court. On July 2$, 20l 0, agenda item number 3 F - "Ratify a Local Transportation Non- Construction Advance Funding Agreement .(South Loop Feasibility Study) with the City of Corpus Christi, San Aatricio County, and the Texas Department of Transportation," was unanimously approved by the Nueces County Cornanissioners Court. Signed this 2~`~' day of August, 2010. B4~ 4 i V ~~ ~ .~ .r•.,,~~ 11 ~ %rt , ~i'" j _* , x F ~}' ~ • •~ ~ J b iJ j~ 3J l.i • ~ `{.. .1.. ~~ \'.\i~\ 'ra i aJ e:.i 5 q ." ~a 'i IJL... ~~~}~ ~~~e f fl:y u# ~ Clerk of the Nueces County Commissioners Court 4%y 1 . ~.. .,i . NUECES COUNTY, TEXAS COMMISSIONERS COURT AGENDA NOTICE OF PUBLIC MEETING Do~Q 2Cti1~~3~0~'93 i 1='~15p5 ~ t17/23/201D iD:S'7A~f Dffi~ial Records of NUECES GDUNTY DIANA T. ~AR~ERA GDLINTY GLERK July 28, Z01ff'~P~ s~_+.ou ~/e ,r The Nueces County Commissioners Court will meet in WQRKSHOP, to be followed by REGULAR MEETING, on the above date at 9:00 a.m. in the Commissioners Courtroom, 3rd floor, Nueces County Courthouse, 901 leopard, Corpus Christi, Texas. SAMUEL L. NEAL, JR. COUNTY JUDGE MIKE PUSLEY COMMISSIONER, PRECINCT NO. 1 BETTY JEAN LONGORIA COMMISSIONER, PRECINCT NO.2 OSCAR O.ORTIZ COMMISSIONER, PRECINCT N0.3 H.C. "CHUCK" CAZALAS COMMISSIONER, PRECINCT N0.4 DIANA T. BARRERA, CLERK OF THE COURT INFORMATION ON THE COMMISSIONERS COURT AGENDA CONSENT AGENDA: At most meetings, the Commissioners Court establishes a Consent Agenda. It Consists of those Agenda Items which are routine or non-controversial, and which neither a member of the Commissioners Court nor the public has asked to be pulled for discussion. Once the Commissioners Court has established the Consent Agenda, Agenda Items included on it will be voted upon in one vote, and will not . be discussed separately unless requested by the County Judge, Commissioner, or a citizen. EXECUTIVE SESSION: The Commissioners Court may go into Executive Session to discuss those matters listed anywhere on the Agenda or as otherwise permitted by law. PUBLIC COMMENT: Members of the public will have the opportunity to address the Commissioners Court during this section on any Agenda Item or any subject within its jurisdiction except a matter related to pending litigation. Each speaker should sign in on the Public Comment Sheet available at the rear of the Courtroom at least five {5}minutes before commencement of the Commissioners Court meeting. Speakers should limit thew comments to two {2) minutes. The County Judge may, if he deems it necessary, limit both the number of speakers and the time allotted to each speaker. Under the law, the Commissioners Court may only take action on items specifically listed on the Agenda. Subject matter presented which is not part of the Agenda will be referred to the appropriate department for review and subsequent action. Materials submitted during public hearings will not be returned unless prior arrangements have been made through the County Clerk, with the approval of the County Judge. At least ten {10) copies of any document to be used by any speaker should be available for distribution. The speaker's name and, if applicable, Agenda Item number should be clearly marked on such documents. Public Comment for items not on the Agenda will normally be held at the end of the meeting. ADJOURNMENTS IN MEMORY: The Commissioners Court may adjourn the meeting in memory of deceased community leaders, County employees, and other distinguished persons. Requests for Adjournment in Memory may be made through any County Commissioner or the County Judge. AUXILIARY AIDS OR SERVICES: Persons with disabilities who plan to attend this meeting of the Commissioners Court, and who may need special assistance, services or auxiliary aids, should contact the Office of the Nueces County Judge (361-888-0444) at least forty-eight {48}hours ahead of the meeting so that appropriate arrangements can be made. CALL TO ORDER A. County Judge calls for the Invocation. B. Pledge of Allegiance to the United States of America and Texas Flags. C. County Judge will call roll, note date, time, and location of meeting, and certify a quorum is present. D. Approve the Minutes of the June I 6, 2010 Commissioners Court Meeting{s). E. Present the following Certificates of Recognition: Mary Lou Vela, Human Services Department, retiring after 30 years of service. 2. Ida Casarez, Nueces County Auditor's Department, retiring after 17 years of service. H. WORKSHOP 1. Discuss selection of a proposed project for submission as apre-application to the Texas General Land Office for the Coastal Impact Assistance Program {CIAP}. 2. Discuss with Financial Advisor, Estrada Hinojosa & Company, and Bond Counsel, Fulbright & Jaworski L.L.P., the possible refinancing of Certificates of Obligation Series 2001 & 2402 and the related f nancial benefits of refinancing. 2. PUBLIC COMMENT: This section provides the public the opportunity to address the Commissioners Court on any issues within its jurisdiction. The Commissioners Court may not take formal action on any requests made during the Public Comment period which are not on the Agenda, but can refer such requests to County staff far review if appropriate. 3. CONSENT AGENDA: The following Agenda hems are of a routine nature, and the Commissioners Court has received supporting materials far consideration. Ali of these Agenda Items will be passed with one vote without being discussed separately, unless a member of the Commissioners Court or the public requests that a particular Agenda ltem be discussed. If so, that Agenda Item will be pulled Pram the Consent Agenda and discussed as part of the regular Agenda at the appropriate time. One vote will adopt the remaining items on the Consent Agenda. ` A. Authorize payment of bills -Manual Check Register dated 7/19/10. B. Authorize payment of bills -Regular Check Registers dated: 719110, 7/16/10, 7/16114A, and 7123!14. C. Authorize payment ofbills -Group Health insurance claims and fees: TPA Check Register: 6/28/14 through 7/6/10. D. Approve the monthly revenue reports in accordance with LGC 114.044. E. Authorize payment of bills -Special Motions list dated 7128110. F. Ratify a Local Transportation Non-Construction Advance Funding Agreement (South Loap Feasibility Study) with the City of Corpus Christi, San Patricio County, and the Texas Department of Transportation. 4. REGULAR AGENDA: A, AGENDA ITEMS i . Discuss and consider approval of an order by the Commissioners Court of Nueces County Texas authorizing the issuance of "Nueces County, Texas Limited Tax Refiutding Bonds, Series 2410" far the purpose of refunding Certificates of Obligadon Series 2401 and Series 2402, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bands, including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a Paying Agent/Registrar Agreement, a Purchase Contract, and an Escrow Deposit Letter; cannplying with the provisions of the Depository Trust Company's Letter of Representations; delegating the authority to certain members of the Commissioners Court and County Staff to execute certain documents relating to the sale of the Bonds; and providing an effective date. Z. Discuss and consider the appointment of Election Judges and Alternates for the November 2, 241 a, General Election. ' '. ~ 3. Receive report by Commissioner Betty Jean Longoria on the National Association of Counties Annual Conference. 4. Discuss and consider approval of large scale Dune Protection Permit (DPP#0510-01) and GLO BDNC -10-0277) 2l .12 Acres out of Tract 29 and 30, Mustang Island Section 2,VoIume 38,Pages 183-185, Map of Records of Nueces County. Discuss and consider execution of a performance contract with Johnson Controls, Inc,, related to a loan provided by the State Energy Conservation Office (SEGO) approved by the Commissioners Court on May 12, 2010, far a Building Efficiency and Retrofit Project for the Courthouse and Jail, 6. .Discuss and consider the City of Corpus Christi's request for the Nuece County Commissioners Court to adopt an order imposing a new Child Safety Fund Fee on vehicles being registered in the county, in an amount not to exceed $1.50. 7. Discuss and consider approva! of prefirninary presentation drawings for a Marquee to be located at the Richard M. Borchard Regional Fairgrounds. 8. Discuss and consider Calallen Independent School District's bid offer on the tax resale property located at 1H-37 South Access Road and Redbird Lane, Tax ID 2385-0032-0015. Discuss and consider approval of Tax Foreclosure Auction of resale properties to occur on September 18, 2010. 10. Discuss and consider ratifying the Professional Services Contract Amendment No. 1 with HDR Engineering, Inc. and related matters. 11. Discuss and consider execution of a Maintenance and Support Agreement with Tyler Technologies Incorporated related to Odyssey Case Management System. B. HEALTH DEPARTMENT Discuss and consider executing Amendment No. OOlA to Contract No. 2009-03184 with the Texas Department of State Health Service far CPA-Bioterrorism Grant extending the termination date; Authorize Annette Rodriguez, MPH, Director of the Corpus Christi Nueces County Public Health District, to sign on behalf of Nueces County. C. GRANTS 1. Discuss and consider submission of apre-application to the Texas General Land Office {GLO) for the Coastal Impact Assistance Program {CIAP}. 2. Discuss and consider adoption of a resolution authorizing the submission of a grant application to the Texas Parks and Wildlife Department {TPWD) for a Texas Recreation and Parfcs Accounts Program (TRPA) Outdoor Recreation Grant for LyondellBasell Park; and discuss and consider the execution of a resolution to revise the Master Plan priority list in accordance with this application. D. PUBLIC WORKS l . Discuss and consider approval of Certificate of Substantial Completion for the T-Hangar and taxiway construction at the Nueces County Airport. 2. Discuss and consider acceptance of maintenance of the dedicated roads in the Plains Unit 2 Subdivision. E. PURCHASING 1. Discuss and consider adopting an order for the sale of metal salvage property. 2. Authorize issuing to the Inland Parks Department a 2005 Ford Van, County ID No. 58372, turned in by Sheriffls Office and is currently in the Warehouse Surplus. 3. Discuss/Award RFP No. 2852-10 HFRS-2 Emulsified Asphalt. 4. Authorize Product Schedule and Addendum 52 to Master Service Agreement for a TASB BuyBaard State Contract No 255-06 and 299-08 purchase for the Public Works Departments far a lease copier and maintenance services from Ikon Office Solutions, Inc. F. AUDITOR 1. Budget Change Order No. 2I for Fisca] Year 09110. 2. Personnel actions of a budgeted nature: a. Application Temporary & Contract No. 275. b. Unfreeze fist No. 594. c. Personnel Changes reports dated: 7/9/10 and 7116110. 3. Discuss and consider salary adjustment far the position of Director Community Services/Inland Parks. EXECUTIVE SESSION: PUBLIC NOTICE is given that the Commissioners Court may elect #o go into an Executive Session anytime during the meeting to discuss matters listed on the Agenda, when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code, In the event the Commissioners Court 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. In accordance with the authority of the Government Code, Vernon's Texas Codes, Sections SS 1.071, 551.072, 551.073, S51 A74, 551.0745, 551.076, 551.086, the Commissioners Court will hold an Executive Session to consult with attorney{s) including matters related to litigation; deliberate regarding real property, prospective gift(s), personnel matters, including termination, county advisory bodies, security devices, and/or economic development negotiations and other matters that may be discussed in an Executive Session. Upon completion of the Executive Session, the Commissioners Court may in an open session take such action as appropriate on items discussed in an Executive Session. A. Discuss and consider filing a lawsuit against Lazaro Cooper to recover property damages to a Nueces County Constable vehicle and related matters. Adjournment in Memory (aeon request) San Patricio County Minutes Note Item 1.7 REGULAR JULY 6, 2010 MEETING THE STATE OF TEXAS COUNTY OF SAN PATRICID BE IT REMEMBERED THAT, notice had been duly filed and posted by the County Clerk on the 15` day of July, 2010 at 8:45 A.M. at a regular meeting of the Commissioners' Court on TUESDSAY, JULY b, 2010 at 9:00 A. M. in the San Patricio County Courthouse Commissioners Courtroom # 230 second Floor, Sinton, Texas. At which time the following subjects were discussed, concerned, passed, or adopted. In accordance with the notice, the meeting was called to order at 9:00 A. M. The following members were present, to-wit: Terry Simpson County Judge Nina G. Trevino Commissioner, Precinct 1 I'red P. Nardini Commissioner, Precinct 2 Alma V, Moreno Commissioner, Precinct 3 Jim Price, Jr. Commissioner, Precinct 4 Gracie Alaniz-Gonzales County Clerk, and David Wendel County Auditor The following proceedings were had, to-wit: L2 PLEDGES OF ALLEGIANCE The Court opened the regular meeting with the Pledges of Allegiance to the flag of the United States and to the flag of the State of Texas ~**~:~:~ 2_1 EXAMINATION OF ALL CLAIMS AGAINST SAN PATRICIO COUNTY Judge Simpson made the motion seconded by Commissioner Trevino to pay all claims against San Patricio County dated July 6, 2010. Motion Carried 5-0 See Commissioners' Court Exhibits Val. 170 Pages 1-63 ***~** 2_2 BUDGET LINE ITEM TRANSFERS Commissioner Price made the motion seconded by Commissioner Trevino to approve budget line item transfers as follows: Department To From Amount Road & Bridge #1 Repair Parts Bldgl Repairs/Maint +/-$ 500.00 Road & Bridge #1 Repair Parts Equip/RepairlMaint +/-$1,600.00 Road & Bridge #4 VehiclelEquip/Rental Fuel, Oil &Lube +/-$ 80.00 Road & Bridge #4 Signage Fuel, Oil &Lube +/-$ 200.00 Motion Carried 5-0 See Commissioners' Court Exhibits Vol. 170 Pages 64-67 +*~*:~* 2_3 RECONCILIATION AND INVESTMENT REPORTS No reports this week **~~*~ 2,4 2011 BUDGET Nothing on budget today 1,3 MINUTES Commissioner Trevino made the motion seconded by Commissioner Nardini to accept and approve minutes for June 28, 2010 with corrections already made by County Clerk. Motion Carried S-0 ' ~~+~** I„4 CITIZENS TO BE HEARD None this week ***~+~ 1~5 CONSENT ITEMS Commissioner Trevino made the motion seconded by Commissioner Morena to accept, approve and record the following: a. Stephanie De Leon's certificate of successful. completion and achieved the s#atus of Certified Court Manager b. Tax Collector's activity report for the month ending May 31, 2010 Motion Carried 5-0 See Commissioners' Court Exhibits Vol. 170 Fages 68-71 - - ~~~~~~ lrb HEATLH DEPARTMENT No report this week, however Judge Simpson had signed a proclamation before Court started on National UV Safety Month. See Commissioners' Court Exhibits Vol. 170 Page 72 +~*+~:~ 1_7 SAN PATRICIO COUNTY'S SHARE OF MPO'S LOCAL FUNDING SCHEDULE--SOUTHSIDE MOBILITY CORRIDOR AS FOLLOWS: • 2011 ($1,000,000 TDTAL PROJECT COST} $200,000.00 `T'otal local share; San Patricio County 20% _ $40,000.00 Nueces County 40% = $80,000.00 City of Corpus Christi.40% =$80,000.00 Tom Niskala with the MPD addressed the Court in reference to Southside Mobility Corridor. He stated that this was a 1.4 million dollar project and that the 20% share for San Patricio County would be $ 5b,000.00 over a two (2} year period. He said that the goal of this study was to better define connecting route for the Southside Mobility Corridor and how it will be related to the I-69 Corridor and to identify economic development associated with this area. He stated that several residence in the County have contacted the MPO inquiring about specific routes however at this time that is the reason for the proposed study. He stated that the purpose of this study is to work with these concerned citizens and address these concerns. Nueces County has already approved their portion and the paper work has been done for the City of Corpus Christi for approval. He also stated that the county would need to approve $16,000.00 for 2010 and $40,000.00 for 2011. Helen Zahn addressed the Court and she gave them a copy of a map that covers the area that would be in the study. She stated that they were here to ask the Court to vote against the proposed study until the area where they lived was taken off the area to be studied. Mr. Niskala stated that MPO was involved in al] the regional studies covered al] of San Fatricio and Nueces Counties transportation planning he also sta#ed that the big map that was handed out by Ms. Zahn was for the I-69 project. Judge Simpson stated that the issue discussed today was the Southside Mobility Corridor and this was just going to be a study to see if San Patricio County should participate in the corridor. Ms. Zahn stated that San Patricio County should not participate in anything that was in Nueces County. She also stated that if the MPO wanted to study San Patricio County why should the County have to pay? She a15o stated that she had a problem with not being informed of this study and that she had in the MPO minutes a remark made by Judge Simpson that all business people in the area to be studied need to be notified. She stated that they should have been invnlved because they are absolutely involved in this project. Julie Stalcup also addressed the Gourt and stated that this area has been studied aver and aver. She also stated that why does this area of the County always have to be studied why can't any other area be studied. She informed the Court that they were tired of f ghting and not getting anywhere, Frank Zahn also addressed the Court and stated that if this project goes in south of Odem it would take several properties. He also stated that if the Court wanted to use this money for this study maybe they should give it to Commissioner Moreno so she could fix roads. Deborah Gutierrez also addressed the Court and expressed concerns with this study being done and she also stated that this money should be spent on workirtg fixing roads. Commissioner Moreno did inform them that if she could get that money she would but that was not how this worked. Ann Witten also addressed the Court and informed them that she did not want to lose her property to any such projects. Ms. Zahn asked Judge Simpson that as chairman of the MPO committee could he assure them that they would not do anything in their area and that he make sure that they get informed of any happenings with this project. Judge Simpson told them that that is why this study needed to be done and that in order for San Patricio County to have a voice it needed to participate in this study. Judge Simpson made the motion seconded by Commissioner Nazdini to approve the County's shaze of the MPO local funding in the amount of $56,000.00 over a two {2) year period $16,000.00 in 2010 and $40,004.00 in 2011. Motion Carried 4-0 with Commissioner Moreno "Abstaining" See Commissioners' Court Exhibits Vol. 170 Page73-74 **~*~~ 1_8 ADDENDUM TO CONTIBACT BETWEEN SAN PATRICIO COUNTY AND HART INTERCIVIC Commissioner Nardini made the motion seconded by Commissioner Trevino to approve addendum to contract between San Patricio County and Hart Intercivic for software and license for five (5) years, Motion Carried 5-0 See Commissioners' Court Exhibits Vol. 170 Pages75-79 **~*~~ 3.1 EMPLOYMENT Judge Simpson made the motion seconded by Commissioner Nazdini to record the following employees' status changes implemented by the following departments of San Patricio County in accordance with current personnel policies, county budget, and State law and notification of such changes to the payroll division of the County Treasurer's Office. a. Jeffery Andrade-Resignation~ontrol Technician/Juvenile Detention part time temporary at $7.39 per hour effective June 21, 2010 b. Kacey Lynn Graham-Employment Maintenance Asst./County Fairgrounds part time temporary not to exceed December 31, 2010 at $8.00 per hour effective July 1, 2010 a Kerry Chavez-Employment lZecords Management C1erk/Records Management full time regular at $1,372.00 per month grade 25 effective July 1, 2010 e. David Moody Walker -- Employment Maintenance Asst./County Fairgrounds par[ time temporary not to exceed December 31, 2010 grade 25 at $8.00 per hour effective July 1, 2010 f. Jose Gomez Nino-Employment-Maintenance Asst./County Fairgrounds part time temporary not to exceed December 31, 2010 grade 25 at $$.00 per hour effective July 1, 2010 g. Reyes Reyes III-Employment--Maintenance Asst./County Fairgrounds part time temporary not to exceed December 31,.20I0 grade 25 at $8.00 per hour effective July i, 2010 Motion Carried 5-0 See Commissioners' Court Exhibits VoI. I70 Pages 80-85 ~~*~+* 3_1 EMPLOYMENT Commissioner Price made the motion seconded by Commissioner Nardini to record the following employees' status changes implemented by the following departments~of San Patricio County in accordance with current persortne] policies, county budget, and State law and notification of such changes to the payroll division of the County Treasurer's Office. d. Kelly D. Marburger---Employment Assistant ManagerlFairgrounds :Full time regular at $2,333.33 per month $50.00 monthly phone allowance effective July 16, 2010 Mohan Carried 4-I with Commissicaner Trevino voting "Against" See Commissioners' Court Exhibits Vol. 170 Page 86 ~~**** 4. EXECUTIVE SESSION Public Notice is given that the San Patricio Commissioners' Court may elect to go into Executive Session anytime during the meeting to discuss matters listed on the agenda. When authorized by the provisions of the Open Meeting Act chapter 551 of the Texas Government Code. In the event the Commissioners' Caurt elects to go into Executive Session regarding an agenda item, the section or sections of the Open Meeting Act authorizing the Executive Session will be puhficly announced by the presiding offtcer. In accordance with the authority of the Government Code Vernon's Texas Codes, Section SS1A71, 551.072, 551A73, 551.074, 55L076, & 551.086 the Commissioners' Court will hold an Executive Session to consult with attorney(s) including matters related to litigation; deliberation regarding real property; prospective gifts}; personnel matters; including termination; security devices, and/or economic. development negotiation and other matters that may be discussed in Executive Session. Upon completion of the Executive Session, the Commissioners' Court may in open session take such action as appropriated on item discussed in an Executive Session In open session Commissioner Price made the motion seconded by Commissioner Trevino to approve two (2} year lease for Value Bank building in Aransas Pass. Motion Carried 5-0 (Since there was not an agenda item Commissioner Price withdrew his motion and Commissioner Trevino withdrew her second and will be placed on next weeks agenda} s. AnaouRrr Judge Simpson made the motion seconded by Commissioner Nardini that with no further business before the Court the meeting adjourned. Motion Carried 5-0 Meeting was adjourned 10:11 a.m. • RRY ,Count .~ N "I'REVINO, County Commissioner, Precinct 1 ~~ FRED P. NARDINI, County Commissioner, Precinct 2 ALMA V~1QRE~,,~q~inty,, s6mmissioner, Precinct 3 JIM ATTEST: /O~~`-''`mot 'GRACIE ALANFZ- ONZAL S, C unty rk, Ex Officio CERTIFICATION THE STATEOFTEXAS COUNTY OF SAN PATRICIO I, GRACIE ALANIZ-GONZALES, Clerk of the County Court of San Patricio County, Texas of the State of Texas, do hereby certify that the foregoing is a true and correct copy of the Minutes of the Comrzaissioners' Court dated 7uly G, 2010 and is recorded in Volurtte 45 Pages 235- 234the Commissioners' Court Minutes Record, Sate Patricio Gaunty, Texas. WITNESS MY HAND AND SEAL OF OFFICE IN THE City of Simon, Texas, this 23rd day of July, 2010. GRACIE ALANIZ-GONZALES Clerk of the County Court - San Patrit;io County, Texas By; ~ Gracie Alaniz-Gonzales, Coun Clerk' g• CS.1 # 0916-00-054 District # 016 Code Chart 64 #09800, 50178, 50205 Project: South Loop Feasibility Study CFDA #20.205 ATTACHMENT B SCOPE OF WORK The State will prepare a feasibility study for the Corpus Christi South Loop project through a consultant contract using surface transportation project fund (category 7) with the local governments providing the required match. This project is a two year project which requires the locals to commit funding. The expected deliverables of the project are as follows: The feasibility study would: • Determine the purpose and need of the Southside Mobility Corridor and whether it merits further consideration; • Develop an evaluation criteria for analyzing the various corridor alternatives including the "no build" option; • Determine the logical termini, to include the identification of "segments of independent utility" with prioritization; • Define an alignment versus the broad swath currently under consideration; • Identify the impact of the alignment on current and planned development; • Identify economic development opportunities in the corridor area; • Detail benefits of improved emergency evacuation opportunities for both counties; • Detail benefits of Nueces River crossing with improved elevation; • Prepare an alignment to be presented to the TxDOT Commission for consideration of incorporating the corridor into the state system thereby, making the corridor eligible for future state and federal funding; • Provide opportunities for public comments and suggestions on a preferred alignment; • Develop an implements#ion plan that clearly identifies the recommended future actions with a corresponding timeline; and • Use the corridor alternative study to determine tots! costs for each corridor alternative. 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