6 disability access statementwo - City of Laredo

ClTY COUNCIL MEETING A-201 0-R-44

ClTY COUNCIL CHAMBERS "P 10 HOUSTON STREET LAREDO, E X A S 78040

JUNE 9,2040 5:30 P.M.

6 DISABILITY ACCESS S T A T E M E N T W O

Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days prior to the meeting so that appropriate arrangements can be made. The accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave.

Out of consideration for all attendees of the City Council meetings, please turn off all cellular phones and pagers, or place on inaudible signal. Thank you for your consideration.

1. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

Ill. ROLL CALL

I . MINUTES

Approval of the minutes of April 19,2010 %k May 10,2010

V. COMMUNICATIONS AND RECOGNITIONS

Recognitions

a. Recognizing Budget Division of the Finance Department for the GFOA Distinguished Budget Presentation Award on their 2009 budget.

b. Recognizing Cigarroa High School Baseball Team for its 2009-2010 Season accomplishments.

c. Recognizing Mr. Harry (Hank) E. Sames Ill, Sames Motor Company, for its dealership's 1 Ooth Year Anniversary.

d. Recognizing John Bondoc, Ill, a 6-year old kindergarten student from St. Peter's Memorial School, who won first place in the national art contest sponsored by Holy Cross Family Ministries in its recent annual art contest during Catholic Schools Week.

e. Recognizing Maria Harrison, Recreation Supervisor, for her outstanding efforts with the City of Laredo Weed and Seed Program in furthering its many initiatives including the Drug Education for Youth (D.E.F.Y.)

f . Recognizing Eric Martinez, 2010 Cigarroa High School graduate, who recently received an award by Texas State Senator Judith Zaffirini, for his thirteen (1 3) years of perfect attendance.

Citizen commenb Citizens are required to fill out a witness card and identify themselves at the microphone. Comments should be relevant to City business and delivered in a professional manner. No derogatory remarks will be permitted. There is a time limit of three minutes per speaker.

111. PUBLIC HEARINGS

1. Public hearing and introductory ordinance recognizing the following organizations and expressing gratitude for their contribution to the City's Keep Laredo Beautiful Program, authorizing City Manager to accept said contributions and amending the FY 2009-2010 Keep Laredo Beautiful Annual Operating Budget by appropriating said revenues and expenditures:

Keep Texas Beautiful White Directory Publisher Gateway Rotary Club HEB Food Stores Hearst Services Earth Day booth fees Council Contributions Topaz Power TAMlU CO-OP TOTAL

(Approved by Operations CommiHee)

2. Public hearing and introducto~y ordinance authorizing the acceptance of $2,250.00 as a contribution from Mall Del Norte for co-op promotional marketing funds for the purpose of shopping destination promotion and amending the City of Laredo FY2010 Convention & Visitors Bureau Budget by appropriating the contribution of said funds for CVB Marketing Division expenses. (Approved by Operations Commit%ee)

3. Public hearing and introductory ordinance amending Division 3 (Rates and Charges), Article Ill, (Water) of Chapter 31 (Utilities) of the City of Laredo Code of Ordinances, specifically section 31 -1 38 which provides for water rate charges, by implementing a meter-size based minimum charge structure over a five (5) year period for all customer classes; by increasing the residential and commercial/multi-family minimum charges and volumetric rates each year from October 2010 to 2014 at the levels

indicated in the rate tables provided within this ordinance. These increases will automatically go into effect on October 1, 2010 and for each subsequent year thereafter through October 2014 unless the City Council meets to revise this; providing for an annual minimum charge and volumetric rate adjustment of 2% for all customer classes beginning in October 2015 and continuing unless the City Council elects to revise; and, providing for publication and an effective date.

4. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 17 through 23, Block 8, Lots 1 through 14, Block 9 and Lots 30 through 39, Block 2, La Joya Subdivision Phase 2, located south of Obsidian Boulevard and east of Pearl Stone Road, from R-1A (Single Family Reduced Area District) to R-l- MH (Single-Family Manufactured Housing District); providing for publication and effective date.

Staff does not support the application and the Planning & Zoning Commission recommends approval of the zone change. District I

5. Public hearing allowing interested persons to comment on the proposed amendment to the City of Laredo's 2009 Consolidated Plan to allow for the reprogramming of Community Development Block Grant (CDBG) funds totaling $263,244.00 to (1) make additional improvements to El Eden Recreation Center/Park; and (2) acquire properties for the Chacon Creek Acquisition project. It is proposed that a total of $125,700.00 in funds allocated to Sidewalks in District I derived from 34th and 3!jth AY CDBG funds be reprogrammed for the El Eden Recreation CenterlPark Improvements project; and a total of $137,544.00 in funds derived from 33rd and 34th AY CDBG fund balances from completed projects also be re- allocated to the Chacon Creek Acquisition project as noted below.

CDBG PROJECT FUND BALANCES

ChaconlGuatemozin Acq. & Relocation

Total 33rd AY Fund Balances

CD Administration Housing Rehab Administration Code Enforcement Graffiti Removal

Total 34th AY Fund Balances

TOTALFUNDBALANCES

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FUNDS TO BE RE-ALLOCATED

Sidewalks - District I (34'h and 35'h AY)

TOTAL FUNDS TO BE REPROGRAMMED (Approved by Operations & Finance 6ommikl:ees)

(Recess) (Press Availability)

VII. INTRODUCTORY ORDINANCES

6. Authorizing the City Manager to enter into a lease agreement by and between the Laredo Transit Management, Inc., (Lessor) and the City of Laredo Police Department (Lessee) for the lease of 1,732 sq. ft. of building space located on the second floor west wing of the Laredo Transit Center, 1301 Farragut Street, at the rate of sixty one cents (.61 cent) per sq. ft., for a total monthly sum of $1,056.52 for a term of three (3) years commencing on July 1, 2010. (Approved by Operations & Finance Csmmi~ees)

7. Authorizing the City Manager to execute all necessary documents to grant a perpetual Utility/Access Easement for the installation of utilities that were displaced during the construction of the Canal Drainage Improvement Project. The UtilitylAccess Easement consists of 788 sq. ft. situated in Survey 799, Abstract 239, Laredo Town tract, City of Laredo, Webb County, Texas, being out of two (2) tracts owned by the City of Laredo:

Tract "A" - 170 sq. ft. out of Tract "A" recorded in Volume 2740, Page 233 of Official Public Records of Webb County, Texas; and,

Tract LLB'' - 781 sq. ft. out of Tract "B" as recorded in Volume 2799, Page 577, of Official Public Records of Webb County, Texas; and, more particularly described on attached, Exhibits A and B.

8. Authorizing the City Manager to execute an amendment to the lease agreement approved by Ordinance No. 201 0-0-041 dated April 19,201 0 by changing the LESSEE'S name from L.A. Ventures Del, Inc. to L.A. Ventures Terminal, Ltd., also to extend the lease term to 40-years from December I , 2041 to November 30, 2050 for an approximate 3.135 acres (136,560.60 square feet) constituting Tract 6 of Block 1 and approximately 3.135 acres (136,560 square feet) constituting Tract 7 of Block 1 of the subdivision plat of the Laredo International Airport Terminal Subdivision at the Laredo International Airport. The annual rental obligation effective on December 1, 2041 shall be adjusted based on a fair market rent appraisal of the leased premises (land and improvements) and such revised rental shall be adjusted annually thereafter by changes in the Consumer Price Index (CPI). All other terms and conditions remain unchanged and in effect; providing for an effective date. (Approved by Operations Committee)

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VIII. FINAL READING OF ORDINANCES

9. 2010-0-065 Authorizing the City Manager to amend and extend the contract with the Social and Health Research Center-University of Texas Health Science Center at San Antonio (SAHRC-UTHSCSA) and accepting additional funds in the amount of $90,000.00 for Proyecto Bienestar- Laredo to continue the intervention in the early school health based Diabetes Reduction Project (226-6400) for the extended term period beginning May 1, 2009 through May 31, 201 0.

2040-0-066 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 4.37 acres, located west of Ejido Avenue and along the south side of St. Luke Boulevard, from R-1A (Single Family Reduced Area District) to B-I (Limited Commercial District); providing for publication and effective date. Staff supports the application and the Planning & Zoning Commission recommends approval of the zone change. District I

2010-0-067 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 11.70 acres, located east of Ejido Avenue and extending to the south of St. Luke Boulevard, from R-1A (Single Family Reduced Area District) and B-I (Limited Commercial District) to B-3 (Community Business District); Providing for publication and effective date. Staff supports the application and the Planning & Zoning Commission recommends approval of the zone change. District I

2010-0-068 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 9.1 1 acres, located east of Loop 20, south of U.S. Highway 359 and north of North Merida Drive, from AG (Agricultural District) and R-I (Single Family Residential District) to 8-4 (Highway Commercial District); providing for publication and effective date. Staff supports the application and the Planning and Zoning Commission recommends approval of the zone change. District I

2010-0-069 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 1.28 acres, located east of Loop 20, south of U.S. Highway 359 and north of North Merida Drive, from R-I (Single Family Residential District) to B-3 (Community Business District); Providing for publication and effective date. Staff supports the application and the Planning and Zoning Commission recommends approval of the zone change. District I

2010-0-070 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for an amusement redemption machine establishment on all the Lots of Blocks 1024, 1024A, and 1025, Western Division, located at 4100 San Bernardo Avenue, Suites E3 and E4; providing for publication and effective date. Staff supports the application and the Planning and Zoning Commission has recommended approval of the Conditional Use Permit. District VII

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2910-Q-911 Amending the Zan,"!! Orehn"""" (Map) 01 !he City 01 l aredo by rezorW>g l .. 6 , 510<:1< 3!l, Las Amencas SuIxIivi&ion. located at 22 t (l Naut" Drive. lrom R-t A (Single Family RedtJ<:<>d Ale. Dislri<:t) to R· I·MH (Sing .. Farmy Manufactur<>d Housing Dislri<:t): proyidong '<or publication a nd "ffO>Clive datto. Staff does root SLJf>POr'I !he oppIicatiorl and the Planning & Z<oroing Ct:mmis.ioo has ~ deni81 0I1he zone change. Distr>ct I

III. RESQt.UTJONS

10. • Non·

, 201().().{)41 dated A¢iI 19, I .

11 20l!!=ft-9(3 Autt>o<;zing !he pYrchaoe 01 !he surf""" oonly 01 a .55 a<;res 01 land from Te. as Comm<onity 5 aJ>i<, N.A, as <I."",ibed by met ... &n<;I botnIs in !he attoched e.hibit 10< the f>C"POO" 01 providinl,l municopal improyemooots in north La redo. T"" P<JrcIutse 01 It ... !rae! in the a mounl 01 $500,000.00 plus oppIicable dosing "",IS .. made pc .. ible Ihroogh fundjrog ',om 2008 Certific.atto 01 O!>4igalioo _ . (Approve d b~ Ope .. !Ion. Comml_: finance Comml_ hu recommen_ till. Item be ... n\ to Council)

12. Autt.lti""ll the C~y ManAQe< to oubm~ a gmnt application In t 01 $1.2.603,00 to the Off"", 01 Justice PfO\If8ma, Bureau 01 Jus tioo Assistance 10< lundjrog Ihe 2010 Jus_ Assistance GraM <or JAG 10< the.,..ooo 01 October " 2010 jh'oogh September 30 , 201. Th" rundjrog wdI be ...00 for ftq1Jipm&n1 and supplies 10< pOlioo Operations. The Bu,,,,"" ol Justice Assistance ""'''''ates lhallh .. Grant be dMde<l eq,,"11y _eon ,

the City of Laredo and Webb County. (Approved by Operations & Finance CommiHees)

13. 2010-R-047 A resolution of the City of Laredo, Texas, determining that Sames Motor Co., a local bidder provides the best combination of contract price and additional economic development opportunities in accordance with section 271.9051(b)(2) of the Texas Local Government Code for the purchase of four (4) trucks in the total amount of $84,328.00 (Bid FY 10- 052). (Approved by Operations 1% Finance Committees)

14. 2040-R-048 Authorizing the City Manager to execute an interlocal agreement between the City of Laredo and Laredo Housing Authority for the installation of a playground module not to exceed $9,025.57. The playground module will be located on Circle Drive at Davis Avenue. Funding available through 2007 C.0.-District 8 Discretionary funds. (Approved by Operations CommiQtee)

15. 2010-R-049 Authorizing the City Manager to decrease the contract with the Texas Department of State Health Services through the South Texas Development Council by reducing funds in the amount of $6,261.00, for a total award of $413,189.00, for the continuation of the department's HIVIRyan White Program which provides medical care, case management, and supportive care for the term period beginning April 1, 2010 through March 31,201 1. (Approved by Operations 8 Finance Commi$eees)

16. 2040-R-050 Authorizing the City Manager to sign a water rights agreement, between the City of Laredo and Robert Muller, LTD., in which the City is agreeing to purchase the right to divert and use 100 N F per annum of Class "A" irrigation water rights to the Rio Grande River which after conversion from irrigation rights to municipal use rights amounts to 50 N F of municipal use rights per annum at $2,250.00 N F for a purchase price of $112,500.00 and further authorizing the City Manager to sign and file necessary applications(s) with the Texas Commission on Environmental Quality on behalf of the City requesting that said water rights be severed from Certificate of Adjudication No. 23-2713E of the seller and combined with Certificate of Adjudication no. 23-3997 as amended by the City and that the point of diversion, purpose and place of use of said water rights be changed as required by the City. Funding is available in the Water Availability Fund, account number 557-41 90-535-91 02. (As amended and approved by Operations & Finance Commi$eees )

17. 2040-R-051 Authorizing the City Manager to sign a water rights agreement, between the City of Laredo and Cameron County Irrigation Dist. No.2, in which the City is agreeing to purchase the right to divert and use 2000 N F per annum of Industrial use water rights to the Rio Grande River at $2,250.00 N F for a purchase price of $4,500,000.00 and further authorizing the City Manager to sign and file necessary applications(s) with the Texas Commission on Environmental Quality on behalf of the City requesting that said water rights be severed from Certificate of Adjudication No. 23-841 of

too selle< and ""'_ with Cernlicate of Adjudication no 23·3997 a. amended b1 100 CiI)' and that II>e poom of divers"",. purpose and place of use of ...... water rights be cha nged "" requ~ed b1 1M Cily funding .. a.a"'ble in 100 wat.r a.ailabiIit\' fund . aecou"t rn.wr.ber 557-4, 19().53~9102 ("- ome_.n<1 approved by O.,."'~on. &. FI .... "". Committee.)

16, 2010-R.fI52 11.uthorizirlg!he CrIy Ma""9'" to aceepl!he UnMlBaI $eNiee Program Grant (E·."tej Irom !he Schools &. libra';". om...ontUn""""",1 ~ Administrali'te CMlpanylFCC in !he tota l .."..,...." of $411.137,39 T", R<>Jnd 12 This amount plus !he City'> 13'l1o matet. of 561.(:\.4,31 and S 1~ ,~31 00 lor ioPgible ilem. _ ra budgeted 101 in !he FY09-IO bOOgeI. (Appro •• d by O.,."'~on. &. f in."". Commltteesl

X. MOTIOt<IS

19 Coosiclemt"'" 101 approval of ..,lection of con ... ltant Struclura l Engineering ..... """.1 •• , Inc., San I\ntonio. Texa • . in ••• ooa bOn with Premier Civil Eng~, l aredo. Te<"s, Carte< and Elurllan, Inc .. I.8redo. Te.a •. and Roba·Kis~ Conw/tanls. Ioc., San Ant<ri<>. Te . .... a nd approva11o award a prole • • """,1 service. oontrect lor an IIfT>DOfl! not to exceed $ 1,262,697.98 lor 1M clesign and preparation of plans and speciflClltion. lor the Mconsas A""""" Grade Separation Project Design"""" is to be done on a la01 trad< basis 8!>PfO.imatel\' ""'" hundred tI1;neen (913) e&ienda, days Funding .. a v.iIaIlte in the Capital Grants FlInd and !he 2007 CO. Bor.d lApp"",..:! by o,..",tionl &. Finono. Committeeo.)

20 Coo.ide<ation lor "PPfO'ial to award a prole .. ional """'""'" contraoct to Casl1e Engineering &. Testing. llC. I.8mc!o, Texas. in too amount of $~.::.o5.00 10 provide _ory. ""mpIing and testing ...,.,.,;or,s of materia .. lor quaiit\' ,,"uranee ,'" 1M I.8reOO Intemaliooal Airport GeM",1 AYiation Apron R"""".1rUCbon Deoign Phase 6 (FAA Rehab,ilale Apron Ger>eral A";"tion Apron Recons\rucbon Design Phase 6 (FAA RehabBtale Apron Phase 5). Cootr8CI time .. lor II>e dUflltion of !he projecI "P\l«l • ..,aIlll\' """ h<Jndre<l Iorty-aeven (1'7) calendar days Funding,. .".ilable In II>e Nrport Constn>::lion Fund---fM Grant 61 (Appro.*" by O.,..ltlon. & Financa Comm;ttee_)

21 . Como:Je..lit>, lor approval of amendmern no. 2 an incre ..... of $11(,892.94 to the professional ..,rvice5 c:onlnld with URS Corporation. Da~a., T e. a •• 101 !he lafMo International Airport General AW>tion Apron R"""",tn>::Iion Phase 6 to add to 1M AlE """,bact !he COI'I6Uuction phase and !he Reoi<lent PRJject Rep<esenlauw. Current ~ contract """"",I with lhis ....--t ""'* io $21.16.22{Ul Funding .. available in 1M Ai<port Comtn>::lion Fund FAA Grant No. 53. (Approved by o.,.",~on. &. Fin."". Comm_)

22. Conai<Ierauon lor appro"Ia t of change ",<let no. 1 an Incre.se ~ $70.000.00 to ~ 8_ bghbng <:able on RuflWl'ly l1L·J~R and Taxiway J ~nd to add lourteen (1.) ""lendar days to thft contract lime to the conoln>Ction

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contract with F & W Electrical Contractors, Floresville, Texas, for the Laredo lnternational Airport Airfield Electrical Vault Improvements and Runway 17R-35L Lighting and Signage Improvements. Current construction contract amount with this change order is $1,495,000.00. Current construction contract time with this change order is two hundred sixty-four (264) calendar days. Funding is available in the Airport Construction Fund-FAA Grant No. 57. (Approved by Operations Br Finance Committees)

23. Consideration to award a contract to Rush Truck Center of Texas, LP in the amount of $1,274,464.00 and McNeilus Truck and Manufacturing, Houston, Texas, in the amount of $989,430.00 for the purchase of ten (10) Peterbilt trucks with McNeilus side loader bodies for the Solid Waste Department utilizing BuyBoard cooperative contract pricing. Funding is available from 2010 PPFCO proceeds. (Approved by Operations & Finance Comm iaees)

24. Consideration to award a contract to Santex Truck Center, San Antonio, Texas, in the amount of $422,044.00 for the purchase of three lnternational trucks for use by the Solid Waste operation and one (1) lnternational truck for the Fleet Maintenance operation utilizing the H-GAC cooperative contract; and Heil of Texas, San Antonio, Texas, in the amount of $219,028.00 for the purchase of three (3) rear loader refuse units utilizing BuyBoard Cooperative Contract pricing. Funding is available from Solid Waste 2010 PPFCO proceeds and the Fleet Maintenance Fund budget. (Approved by Operations & Finance Commiaees)

25. Consideration to award a contract to Santex Truck Center, San Antonio, Texas, in the amount of $81,494.00 for the purchase of one (1) lnternational truck; and VAC-CON Inc. in the amount of $183,130.36 for the purchase of one (1) vacuum truck utilizing BuyBoard Cooperative Contract pricing for the Utilities Department. Funding is available from 2010 PPFCO proceeds. (Approved by Operations & Finance Commi~ees)

26. Consideration to exercise renewal option for annual contracts FY09-061 to:

1. Brothers Material, Laredo, Texas, in the amount of $352,500.00, for the purchase of flexible base-caliche (job site delivered), flexible type A (picked up at vendor's yard and job site delivered), flexible base type B (picked up at the vendor's yard) and sand (job site delivered) for the purchase of materials required for all city paving and construction projects.

2. Leyendecker Materials, Laredo, Texas, in the amount of $201,000.00, for the purchase of flexible base-caliche (picked up at vendor's yard), sand (picked up at the vendor's yard), and gravel (picked up at vendor's yard and job site delivered);

The term of this contract is for a one (1) year period and is subject to the availability of funds. All materials are purchased on an as needed basis utilizing the Public Works and Utilities Departments construction projects budgets. (Approved by Operations & Finance CommiHees)

27. Consideration to award contract FY 10-052 for the purchase of construction trucks for the Public Works and Solid Waste operations to the following low bidders:

a. Westway Ford, Irving, TX in the amount of $137,575.00 for the purchase of five (5) trucks;

b. Sames Motor Co., Laredo, TX in the amount of $79,240.00 for the purchase of four (4) trucks; and

c. Caldwell Country Chevrolet, Caldwell, TX in the amount of $44,377.00 for the purchase of two (2) trucks.

Funding is available from 2007 Contractual Obligation Bond Proceeds (2007 C.O.), the Capital Improvements Fund and Solid Waste Fund. (Approved by Operations 8 Finance CommiHees)

28. Consideration to award contract FY10-051 to the low bidder meeting specifications, Philpott Motors, Nederland, Texas, in the amount of $81,081.00 for the purchase of one (1) aerial bucket truck for the Traffic Safety Department. The aerial bucket truck shall be used in preventive, routine, and emergency related traffic jobs. Funding for this purchase is available in the 2007 C.O. Bond proceeds Department Fund. (Approved by Operations & Finance Commi%lLees)

29. Consideration to authorize the purchase of an upgrade to I-Net equipment, increasing bandwidth and improving Network performance for the City Network, through the Texas Department of lnformation Resources (DIR) agency to Insight Network Solutions, Austin, Texas, in the amount of $91,856.00. Funding is available in the lnformation Services and Telecommunications Department Budget-Public Education and Government (PEG) Fee funds. (Approved by Operations & Finance Comminees)

30. Consideration to exercise the renewal option for annual contract FY09-059 awarded to Dust-Tex Mops and Mats, Laredo, Texas, in the estimated annual amount of $50,000.00, for providing dust mops and floor mats used at various municipal buildings. The term of this contract will be for one (1) additional year. Funding is available in the various departments that utilize this service. (As amended and pproved by Operations Bi Finance Committees)

31. Consideration to renew contract FY10-032 awarded to Aguaworks, Brownsville, Texas, in the estimated amount of $250,000.00, for the

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purchase of PVC pipe used by the Utilities Department. This is the first of eight (8) sixty (60) day supply extensions. These materials are purchased on an as needed basis for construction and repair projects. Funding is available in the Utilities Department Budget. (Approved by Operations ek Finance Commieees)

32. Consideration to award a contract to Briggs Equipment, Laredo, Texas, in the amount of $51,395.84 through the State of Texas-TXMAS Cooperative Purchasing Program for the purchase of one (1) trailer mounted portable pump. This mobile pumping equipment shall provide the necessary water pressure to critical locations in the city in cases of emergency. Funding for the purchase of this equipment is available in the Utilities Department Fund. (Approved by Operations bk Finance CommiHees)

33. Authorizing the City Manager to execute a Sub-license agreement with Terrabon AdVE, LLC, a Texas Limited Liability Company (Licensor) for the non-exclusive right to use technical information and patent rights in a certain desalination process at the Advanced Vapor Compression Desalination Pilot Plant designed, constructed and installed by the Texas Engineering Experiment Station (TEES), pursuant to an Interagency Agreement between the City of Laredo and TEES. (Approved by Operations & Finance Commit%ees)

34. Consideration for acceptance, final payment and release of retainage in the amount of $47,165.00 to Leyendecker Construction Co. construction services in the Jefferson Street Water Treatment Plant Primary Clarifier Repair No. 2 Repair and High Service Pump Valve Replacement Project. The total cost of the project was $1,979,384.20 funded under the 2006 Utility Revenue Bond. (Approved by Operations CommiHee)

35. Authorizing the City Manager to amend the professional services contract with CAPEX Consulting Group in the amount of $42,650.00 for a new total amount of $79,625.00 for the extension of professional services of public involvement and rate study scenario modifications and related meeting and coordination with City and Financial Services. Funding is available in the 2008 Bond. (Approved by Operations ak Finance Commiaees)

36. Authorizing the City Manager to approve change order no. 2 to Austin Engineering Co., in the amount of $60,396.00 for a total contract amount of $1 ,023,126.00 due to unforeseen conflict with AT&T and AEP underground utility lines. Funding is available under 2007 Utility Sewer Bond. (Approved by Operations CommiHee; Finance CommiHee recommended item be sent to Council)

37. Authorizing the City Manager to amend the Professional Engineering Services Contract in the amount of $36,577.50 to Sherfey Engineering Company, L.L.C., Laredo, Texas, for the Chacon Creek Wastewater Interceptor Phase 2. The total new contract amount is $496,022.50.

Funding is available in the 1998 Sewer Bond. (Approved by Operations Committee)

38. Authorizing the City Manager to accept the dedication of the following utility easement:

1. Dorel Laredo Holdings, L.L.C. -An 8 foot wide easement containing 0.35 acres ( I 5,2126 sq. ft.), more or less, out of Lot Two (2), Three (3) and Four (4), Block 2 James Haynes Industrial Park, Unit VI as recorded in Volume 24, Page 63, Plat Records of Webb County, Texas; being more particularly described by metes and bounds in "Exhibit A , attached hereto, and as shown on survey attached hereto as "Exhibit B".

2. Dorel Laredo Holdings, L.L.C. - A 12 foot wide easement containing 1 .O1 acres, more or less, out of a called 29.9 acre tract of land, being listed as Exhibit "B", Tract "2-A in a partition deed recorded in volume 2819, Pages 305-319, also being out of a called 66.5 acre tract of land, recorded in Volume 3, Pages 415, 416 Illth Judicial District Minutes, Webb County, Texas, dated February 13, 1940, also being out of Porcion 31, Abstract 31 16, Jose Trevino, Original Grantee, City of Laredo, Webb County, Texas, being more particularly described by metes and bounds in "Exhibit A" attached hereto, and as shown on survey attached hereto as "Exhibit B".

39. Authorizing the City Manager to accept the dedication of the following utility easement:

Ronald H. Grant and Alice K. Grant - A 10 foot wide easement containing 0.10 acre (4,483 sq. ft.) tract of land our of a 2.80 acre tract of land out of a tract conveyed by deed to Alice K. Grant recorded in Volume 1055, Page 673, Deed Records, Webb County, Texas, and being more particularly described by metes and bounds in "Exhibit A", attached hereto, and as shown on survey, attached hereto as "Exhibit B".

40. Consideration to award a contract to the sole source provider, Transcore LP in the amount not to exceed $526,305.00, for the City of Laredo Bridge System Customer Service Center (CSC) and Electronic Toll Collection System Host Software and Server Upgrade. Funding is available in the Bridge System Revenue Bond Series 2005A. (Approved by Operations Committee; Finance Committee recommended item be sent to Council)

41. Adopting a schedule of hearings and proceedings for voluntary and unilateral annexations for calendar year 2010, in accordance with Section 43.052 of the Texas Local Government Code.

42. Approve a Memorandum of Agreement #AJW-FN-CSA-10-0615 between the Federal Aviation Administration and the City of Laredo to reimburse the Federal Aviation Administration the estimated sum of $256,772.23 for the specific purpose to identify specific goals, objectives, project management,

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and delineation of responsibilities with respect to impacted FAA facilities resulting from the lengthening of the approach end of Runway 17R at the Laredo International Airport. The project involves relocating all FAA services and facilities impacted by lengthening the runway approximately 912 feet. Temporary funding is available in the Airport Construction Fund, and the sum of $256,772.23 is eligible for reimbursement by a proposed FY 2010 Airport Improvement Program Grant. The runway extension project is scheduled to bid during June 2010.

43. Authorizing the City Manager to enter into a Right of Entry and Possession Agreement between the City of Laredo and the Texas Department of Transportation to allow the City exclusive possession of a proposed surplus site located at the Northeast corner of US 83 and Palo Blanco, as depicted in Exhibit "A" for the purpose of constructing the new South Laredo Library.

44. Discussion with possible action to approve an Agreement for Professional Collection Services between the City of Laredo and Linebarger, Goggan, Blair & Sampson, L.L.P. for collection on all debts and accounts receivable referred to them the City's Municipal Court.

45. Consideration to appoint Mayor Pro-Tempore as per Ordinance 90-0-101 and direct staff to amend Section 1 of Ordinance 90-0-1001 which provides for the Office of Mayor Pro Tem from the second meeting in May to the second meeting in November of each year.

I . GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

A. Request by Mayor Raul G. Salinas

1. Presentation by Mr. Jeff Milligan, Director, Veterans Affairs (VA) Texas Valley Coastal Bend Health Care System pertaining to benefits for our local veterans.

2. Discussion with possible action concerning the Laredo Police Department's ongoing efforts to reduce "auto theft" in our city.

3. Update regarding the City's of Laredo Hurricane Preparedness Program, with possible action.

4. Discussion with possible action to instruct legal staff to prepare a resolution in support of H.R. 3564, the Children's Act for Responsible Employment of 2009 (CARE Act). The Act, among several provisions, would impose age and work hour standards for children in agriculture up to the standards for children working in all other industries.

C. Request by Couneil Member Hector ""Tto5' Garcia

1. Discussion with possible action to allocate all revenues to be received or derived from all July 4, 201 0 events as follows: one half towards Parks and Leisure Department and the other half towards South Texas Food Bank. This allocation will apply only for this year's summer programs.

2. Discussion with possible action on installing speed cushions along Heritage Court and Independence Drive, as part of the ongoing pilot project, and implementing other additional safety enhancements at Heritage Park Subdivision using District II discretionary funds.

3. Discussion with possible action on the plan for the Heritage playground.

D. Request by Council Member Dr. Michael bandeck

1. Discussion with possible action on improvements to the light at 83 and Lomas at a cost not to exceed $35,000. Financing available from District Ill councilman's discretionary Fund.

E. Request by Council Member Juan Nawaez

1. Discussion with possible action on the hiring of a Police Department Captain Position. (Ca-Sponsored by Council Member Cynthia Liendo Espinona)

F. Request by Council Member Johnny Rendon

1. Discussion with possible action to provide signage prohibiting tractor trailers in areas in District V around Calle Del Norte.

G. Request by Council Member Gene Belmares

1. Discussion with possible on a joint project to extend Kirby to Shiloh, with TXDot, Killam Co. and the City of Laredo.

XII. STAFF REPORTS

47. Presentation by Elizabeth Martinez, RTA, City Tax AssessorlCollector and Martin Villarreal, Chief Appraiser, Webb County Appraisal District regarding estimated property valuations for the City of Laredo.

48. Staff Report regarding the 201 0-201 1 City of Laredo budget process

XIII. EXECUTIVE SESSION

The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071 (2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.

XIV. RECESS AS THE LAWEDO CITY COUNCIL AND CONVENE AS THE LAREDQ MASS TRANSIT BOARD

49. Public hearing and introductory ordinance authorizing the City Manager to execute a first amendment to ground lease (Flores Street) by and between the City of Laredo, a Municipal corporation (landlord), and New Cingular Wireless PCS, LLC, (tenant), formerly known as or a successor-in- interest to Texasllllinois Cellular Limited Partnership, by its general partner, Southwestern Bell Wireless, Inc., dated July 19, 1999 and attached hereto; to allow landlord to modify landlord's lease area location described in exhibit A with area location as described in exhibit A-I; to modify the base rent from $14,740.00 to $16,939.96 yearly; and to allow tenant to modify the notice section therefore; all other terms and conditions remain. (Approved by Operations CommiHee)

50. Approval of the distribution of ten thousand (10,000) free bus ride vouchers good on any of El Metro's bus routes on Thursday, June 17, 2010, in conjunction with the Fourth Annual American Public Transportation Association's National Dump the Pump Day. (Approved by Operations & Finance CommiWes)

XV. ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL AND ADJOURN

This notice was posted at the Municipal Government Offices, 1110 Houston Street, Laredo, Texas, at a place convenient and readily accessible to the public at all times. Said notice was posted on Wednesday, June 2,2010 at 7:30 p.m.

City Secretary P

Keep Texas Beautiful White Directory Publisher Gateway Rotary Club MEB Food Stores Hearst Services Earth Day booth fees Council Contributions Topaz Power TAMIU Co-op TOTAL

COUNCIL COMMUNICATION

I

STAFF SOURCE: Riazul Mia, P.E., Director Environmental Services Department

DATE:

061'0'911 1)

I PREVIOUS COUNCIL ACTION:

SUBJECT: PUBLIC HEARING AND INTRODUCTORY OmINANCE RECOGNIZING THE FOLLOWING ORGANIZATIONS AND EXPRESSING GRATITUDE FOR 'THEIR CONTRIBUTION TO THE CITY'S KEEP LAREDO BEAUTIFUL PROGRAM, AUTHORIZING CITY MANAGER TO ACCEPT SAID CONTRIBUTIONS AND AMENDING THE FY 2009-20 10 KEEP LAREDO BEAUTIFUL ANNUAL OPERATING BUDGET BY APPROPRIATING THE SAID REVENUES AND EXPENDITURES:

I None I I BACKGROUND: I

Amendment is requested as grants and contributions have exceeded forecasted revenues. The revenues that have been received will be utilized through KLB promotional expenses for items related to clean ups, educational programs, beautification projects and promotion of community gardens. Sources of contributions and donations: Keep Texas Beautiful - $3,000.00 Gateway Rotary Club - $2,000.00 HEB Food Stores - $1,500.00 TAMIU Co-op - $ 333.34 Council Contributions - $1,200.00 Hearst Services - $1,400.00 White Directory Publisher - $2,250.00 Topaz Power - $1,000.00 Earth Day booth fees - $1,350.00 FINANCIAL IMPACT:

Account Name: Account Number Budget Amendment Budget Contributions 259-0000-372-1 000 5,000 9,033.34 14,033.34

Promotional 259-3845-542-32 10 10,000 9,033.34 19,033.34 materials & supplies

RECOMMENDATION: Keep Laredo Beautiful Board of Directors support the garnering of grants and donations to promote the goals of the KLB organization

STAFF RECOMMENDATION: Introduction of the ordinance.

AN ORDINANCE

RECOGNIZING THE FOLLOWING ORGANIZATIONS AND EXPRESSING GRATITUDE FOR THEIR CONTRIBUTION TO THE CITY'S KEEP LAREDO BEAUTIFUL PROGRAM, AUTHORIZING CITY MANAGER TO ACCEPT SAID CONTRIBUTIONS AND AMENDING THE FY 2009-201 0 KEEP LAREDO BEAUTIFUL ANNUAL OPERATING BUDGET BY APPROPRIATING THE SAID REVENUES AND EXPENDITUREB:

Keep Texas Beautiful White Directory Publisher Gateway Rotary Club WEB Food Stores Hearst Services Earth Day booth fees Council Contributions Topaz Power TAMIU Co-op TOTAL

Whereas, the community programs of Keep Laredo Beautiful through their consistent efforts of promoting a cleaner, greener and healthier City has produced interest from within the community to provide donations and contributions as well as state and national affiliate grants to continue to pursue the goals of Keep Laredo Beautiful.

Whereas, the goals of Keep Laredo Beautiful are litter prevention education, beautification and community improvement and the minimization of solid waste the funding that has been received will benefit public awareness campaigns, litter clean ups, litter prevention education materials, recycling outreach and the promotion of community gardens and a beautiful community.

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO, TEXAS:

Section 1 : That the City of Laredo does recognize and express its appreciation to Keep Texas Beautiful, White Directory Publisher, Gateway Rotary Club, HEB Food Stores, Hearst Services, Earth Day booth fees, Council Contributions for their financial contributions to the KEEP LAREDO BEAUTIFUL PROGRAM.

Section 2: The City Manager is hereby authorized to accept the grant amount of $9,033.34 from various corporations and individuals for the purpose of promoting the mission of Keep Laredo Beautiful.

Section 3: Amending the FY 2009-201 0 Keep Laredo Beautiful Annual operating budget by appropriating the said revenues and expenditures.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE I\/IAYOR ON THIS THE DAY OF ,2010.

RAUL G. SALINAS MAYOR

ATTEST:

GUSTAVO CUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

BY: CITY ATTORNEY


DATE: SUBJECT: Public Hearing and Introductory Ordinance

June 7,2010

Cynthia Collazo Deputy City Manager

Requesting authorization to accept $2,250.00 as a contribution from Mall Del Norte for co-op promotional marketing funds for the purpose of shopping destination promotion and amending the City of Laredo FY 2010 Convention & Visitors Bureau Budget by appropriating the contribution of said funds for CVB Marketing Division expenses.

INITIATED BY:

Blasita J. Lopez, Director Laredo Convention & Visitors Bureau

STAFF SOURCE:

I

PREVIOUS COUNCIL ACTION:

City Council moved to adopt the City of Laredo annual budget for fiscal year 2010 on September 8, 2009.

BACKGROUND:

In February 2010, Mall Del Norte provided a check to the Convention & Visitors Bureau in the amount of $2,250.00 to partner in marketing efforts.

In Fall 2009, CVB purchased Mall Del Norte gift cards as prizes for the first Mexico effort Shopping Spree Drawing in which Mall Del Norte matched CVB

FINANCIAL IMPACT:

Proposed Original Amended

Account No. Budget Amendment: Budget Revenue:

Other 250.0000.373.2050 1,600 2,250 3,850

Expenses:

Conv. Hosting 250.5315.553.5606 37,032 1,000 38,032

Collateral 250.5315.553.6226 3,500 1,250 4,750

CQMMITTEE RECOMMENDATION:

None applicable.

STAFF RECOMMENDATION:

Staff recommends that City Council introduce this ordinance.

QdrnINANCE NO,

Requesting authorization to accept $2,250.00 as a contribution from Mall Del Norte for co-op promotional marketing funds for the purpose of shopping destination promotion and amending the City of Laredo FY 2010 Convention & Visitors Bureau Budget by appropriating the contribution of said funds for CVB Marketing Division expenses.

WHEREAS, on September 8, 2009, City Council adopted the annual budget for fiscal year 201 0; and

WHEREAS, in February 2010, LCVB received $2,250.00 in the form of a check from Mall Del Norte for co-op promotional marketing efforts; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF' LAWEDO THAT:

1. The City Manager is hereby authorized to accept the co-op promotional funds in the amount of $2,250.00.

2. The City of Laredo FY 2009-2010 Convention & Visitors Bureau Annual Budget is amended as follows:

Proposed Original Amended

Account No. Budget Amendment: Budget Revenue:

Other 250.0000.373.2050 1,600 2,250 3,850

Expenses:

Conv. Hosting 250.5315.553.5606 37,032 1,000 38,032

Collateral 250.5315.553.6226 3,500 1,250 4,750

3. CVB Revenue Line 250-0000-373-2050 is hereby decreased by $2,250.

4. CVB Expenditure Line 250-531 5-553-5606 is hereby increased from $37,032 to $38,032.

5. CVB Expenditure Line 250-531 5-553-6226 is hereby increased from $3,500 to $4,750.00.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2010.

CITY OF LAREDO, TEXAS a Municipal Corporation

By: Carlos R. Villarreal, City Manager

Approved as to Form:

Raul Casso, City Attorney

By: Kristina Hale, Assistant City Attorney II

By: Gustavo Guevara, Jr., City Secretary


DATE:

6/07/2010

SUBJECT: PUBLIC HIEANNG AND INTRODUCTION OF AN ORllbINANCE Amending Division 3 (RATES AND CHARGES), Article Ill, (WATER ) of Chapter 31 (UTILITIES) of the City of Laredo Code of Ordinances, specifically section 31-438 which provides for water rate charges, by implementing a meter-size based minimum charge structure over a five year period for all customer classes; by increasing the residential and commercial/multi-family minimum charges and volumetric rates each year from October 2010 to 2014 at the levels indicated in the rate tables provided within this ordinance These increases will automatically go into effect on October 1, 2010 and for each subsequent year thereafter through October 2014 unless the City Council meets to revise this; Providing for an annual minimum charge and volumetric rate adjustment of 2% for all customer classes beginning in October 2015 and continuing unless the City Council elects to revise; Providing for publication and an effective date.

INITIATED BY: Jesus M. Olivares Asst. City Manager

STAFF SOURCE: Tomas M. Rodriguez, Jr., P.E. Utilities Director

PREVIOUS COUNCIL ACTION: On May 10,2010 Council received a staff report describing the design and proposed rate adjustment.

BACKGROUND: As the City continues to grow at increased levels per year and the expansion, rehabilitation and improvement needs of existing infrastructure, the water system's capital expansion and improvement plans wiI1 require the issuance of revenue and other bonds, the repayment of which will come primarily from the revenues generated by the water system user fee and charges.

The acceptance of the plan for infrastructure improvements stemming from the level of service directed by the City requires the implementation of a rate increase and adjustment above the current level of increases in process.

Therefore the City has employed the design of a rate increase to implement a minimum fee structure based on the meter size utilized by the customer. This process will mimic the other top 20 water purveyors of the State as approved minimal fees.

FINANCIAL IMPACT: Increased Revenue Income For Water Fund

COMMITTEE RECOMMENDATION: Finance & Operations Committee

STAFF RECOMMENDATION: Conduct Public Hearing and Introduce this Ordinance

SUBJEC'I': PUB1,IC I-IEARINC AND INTRODUCTORY ORDINANCE

Amending Division 3 (RATES AND CHARGES), Article Ill, (WATER ) of Chapter 31 (UTILITIES) of the City of Laredo Code of Ordinances, specifically section 31-1 38 which provides for water rate charges, by implementing a meter-size based minimum charge structure over a five year period for all customer classes; by increasing the residential and commerciallmulti-family minimum charges and volumetric rates each year from October 2010 to 2014 at the levels indicated in the rate tables provided within this ordinance These increases will automatically go into effect on October 1, 2010 and for each subsequent year thereafter through October 2014 unless the City Council meets to revise this; Providing for an annual minimum charge and volumetric rate adjustment of 2% for all customer classes beginning in October 2015 and continuing unless the City Council elects to revise; Providing for publication and an effective date.

WHEREAS, the water system continues to grow at increased levels per year and the expansion, rehabilitation and improvement needs of existing infrastructure is critical; and

WHEREAS, funding the water system's capital expansion and improvement plans will require the issuance of revenue and other bonds, the repayment of which will come primarily from the revenues generated by the water system's user fees and charges.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

DIVISION 3. RATES AND CHARGES

Sec. 3 1-92. Inside city limits.

(a) Premises connected with water system. Charges shall be paid by all persons owning or occupying premises which are connected with the water system in accordance with the following schedule of rates; and such charges as are hereinafter described are hereby levied and assessed, as hereinafter provided:

(I) For each defined Customer Class, monthly water rates and charges shall be based on metered water consumption as described on the following tables scheduled for annual adjustments beginning on October 1,2010 and every year that follows up through October 2014. Thereafter, a two percent increase on all minimum charges and volumetric rates shall be implemented for all active water meters.

Meter Sized Based Minimum Monthly Water Charges for Metered Consumption from Zero to 2,000 Gallons within the City Limits

Customer Class Based Volumetric Monthly Water Rates for Metered Consumption greater than 2,000 Gallons within the City Limits

PROPOSED WATER RATES: Residentia!

Begin End Current Gallons Gallons

2,001 4,000 4,001 10,000

10,001 20,000

20,001 30,000

30,001 40,000

40,001 50,000

50,001 Greater

PROPOSED WATER BATES: Commercial

"gin End Current Gallons Gallons

2,001 4,000

4,000 10,000

10,000 20,000

20,000 30,000

30,000 40,000

40,000 50,000

50,000 100,000

100,000 150,000

150,000 200,000

200,000 250,000

250,000 300,000

300,000 350,000

350,001 400,000

400,001 450,000

450,001 500,000

500,001 600,000

600,001 700,000

700,001 800,000

800,001 900,000

900,001 1,000,000

1,000,001 Greater

(b) The rates and fees for outside the city limits shall be two (2) times those herein established for commercial rate and fees.

Section 2. Severability. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in effect as if the unconstitutional or invalid portion had not been adopted.

Section 3. Repeal law in conflict.

All ordinances and resolutions or parts of ordinances or resolutions in conflict herewith are hereby repealed.

Section 4. Publication.

This Ordinance shall be published according to Section 2.09 (D) of the Charter of the City of baredo.

Section 5. Effective date.

This Ordinance shall take effect sixty (60) days after the date of the public hearing, pursuant to the City Charter, Section 2.09 (B).

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE BAY OF ,2010.

RAUL G. SAblNAS MAYOR

GUSTAVO GUEVARA, JR. CITY SECRETARY

APPROVED AS TO FORM:

VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY


Date:

06/07/10

SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 17 thru 23, Block 8, Lots 1 tlxu 14, Block 9 and Lots 30 thru 39, Block 2, La Joya Subdivision Phase 2, located south of Obsidian Boulevard and east of Pearl Stone Road, from R-1A (Single Family Reduced Area District) to R-1 -MH (Single-Family Manufactured Housing District); Providing for publication and effective date. Staff does not support the application and the Planning & Zoning Commission recommends approval of the zone change.

I

Prior action: None. BACKGROUND

ZC-13-2010

Council District: I - Mike Garza

Initiated by: Laredo Horizon Development Corporation

Proposed use: Residential

Staff source: Keith Selman, Planning Director

Site: The site is currently vacant.

Surrounding land uses: The adjacent properties are vacant with the exception of one lot to the north with an existing manufactured home.

Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.

Transportation Plan: The Long Range Thoroughfare Plan does not identify Obsidian Boulevard or Pearl Stone Road.

Letters sent to surrounding property owners: 5 In Favor: 0 Opposed: 0 STAFF COMMENTS

The proposed zone change is not appropriate at this location. The proposed change does not provide a smooth or logical transition between zones. The change will locate differing residential housing types along the same roadway.

Page 1 of 2

P&Z COMMISSION RECOMMENDATION: The P & Z Commission, in a 6 to 2 vote, recommended approval of the zone change.

STAFF RECOMMENDATION: Staff does not support the proposed zone change.


IMPACT ANALYSIS

R-1-MH (Single Family Manufactured Housing District): The purpose of the R-1 -MI3 District is to permit subdivisions designed to meet the dimensional and configuration requirements for manufactured and modular housing neighborhoods.

Is this change contrary to the established land use pattern? No, the majority of adjacent lots are currently vacant.

Would this change create an isolated zoning district unrelated to surrounding districts? No, there is an R-1-MH district adjacent to the north and west.

Will change adversely influence living conditions in the neighborhoodc! Yes, the change would create a mixture of different housing types along the same street front.

Are there substantial reasons why the property can not be used in accord with existing zoning? No, the existing zoning allows for residential uses.

Page 2 of 2

ORDINANCE NO. 2010-0-

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOTS 17 THRU 23, BLOCK 8, LOTS I THRU 14, BLOCK 9 AND LOTS 30 THRU 39, BLOCK 2, LA JOYA SUBDIVISION PHASE 2, LOCATED SOUTH OF OBSIDIAN BOULEVARD AND EAST OF PEARL STONE ROAD, FROM R-1A (SINGLE FAMILY REDUCED AREA DISTRICT) TO R-1-MH (SINGLE-FAMILY MANUFACTURED HOUSING DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of Lots 17 thru 23, Block 8, Lots 1 thru 14, Block 9 and Lots 30 tlxu 39, Block 2, La Joya Subdivision Phase 2, located south of Obsidian Boulevard and east of Pearl Stone Road, from R-1A (Single Family Reduced Area District) to R-1-MH (Single-Family Manufactured Housing District); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (1 0) days before the public hearing held before the Planning and Zoning Commission on May 6,2010, and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the proposed zone change; and,

WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (1 5) days prior to the public hearing held before the City of Laredo City Council on this matter; and,

WHEREAS, the City Council has held a public hearing on June 7,2010, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,

WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and,

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by rezoning Lots 17 thru 23, Block 8, Lots 1 thru 14, Block 9 and Lots 30 thru 39, Block 2, La Joya Subdivision Phase 2, located south of Obsidian Boulevard and east of Pearl Stone Road, from

R-I A (Single Family Reduced Area District) to R-1-MH (Single-Family Manufactured Hous- ing District).

Section 2: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

Section 3: This ordinance shall become effective as and from the date of publication specified in Section 2.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS TI-IE DAY OF ,2010.

RAUL SALINAS MAYOR

ATTEST:



BY: NATHAN R. BRATTON ASSISTANT CITY ATTORNEY

UNPLATTED

UNPLATTED

La Joya Ph. 2- 31 Lots Rezone R- lA , ,ingle Family Reduced District)

LA PARRA LN

-. . . - ..

UNPLATTED

ZONE DISTRICTS

@ ~ ~ - 1 3 - ~ 0 1 0 ~ ~ ~ o n e ~ k s t ~ ~ c t s - B,W

1 inch = 172 feet City of Laredo

Planning Department

a;:


DATE: SUBJECT: PUBLIC HEARING 6-7 -10 Allowing interested persons to comment on the proposed amendment to the City of Laredo's

2009 Consolidated Plan to allow for the reprogramming of Community Development Block Grant (CDBG) funds totaling $263,244.00 to (1) make additional improvements to EI Eden Recreation Center/Park; and (2) acquire properties for the Chacon Creek Acquisition project. It is proposed that a total of $125,700.00 in funds allocated to Sidewalks in District I derived from 34th and 35th A Y CDBG funds be reprogrammed for the EI Eden Recreation Center/Park Improvements project; and a total of $137,544 in funds derived from 33rd and 34th AY CDBG fund balances from completed projects also be re-allocated to the Chacon Creek Acquisition project as noted below.

CDBG PROJECT FUND BALANCES

ChaconiGuatemozin Acq. & Relocation

Total 33rd A Y Fund Balances

CD Administration Housing Rehab Administration Code Enforcement Graffiti Removal

Total 34th A Y Fund Balances

TOTAL FUND BALANCES


Sidewalks - District I (34th and 35th A Y)

TOTAL FUNDS TO BE REPROGRAMMED

INITIATED BY: STAFF SOURCE: Thelma Acosta

$ 7,945.00

$7,945.00

$46,189.00 $16,726.00 $60,982.00 $ 5,702.00

$129,599.00

$137,544.00

$125,700.00

$263,244.00

Cynthia Collazo Deputy City Manager Community Development Director

PREVIOUS COUNCIL ACTIONS: NONE


BACKGROUND: A substantial amendment regarding the use of CDBG funds requires that citizens be informed of the proposed changes and be provided an opportunity to comment.

Staff is proposing an amendment to the City's 2009 Consolidated One-Year Action Plan by reprogramming a total of $263,244.00, in Community Development Block Grant (CDBG) funds to (1) make additional improvements to EI Eden Recreation Center; and (2) acquire properties for the Chacon Creek Recreational Improvements project. It is proposed that a total of $125,700.00 in funds allocated to Sidewalks in District I derived from 34th and 35th AY CDBG funds be reprogrammed for the EI Eden Recreation Center/Park Improvements project; and a total of $137,544 in funds derived from 33rd and 34th A Y CDBG fund balances from completed projects be reprogrammed for the Chacon Creek Acquisition project.

The improvements to the EI Eden Recreation Center/Park will include amenities such as a shaded playground area, a pavilion, picnic shelters, a walking trail, park benches, a multipurpose field, landscaping, irrigation system, parking area, and park lighting. The Chacon Creek Acquisition project will consist of the acquisition of a total of 8 blocks of land for the further development of the Chacon Creek Recreational area.

In adherence with the Citizens Participation Plan, citizens are being given 36 days, beginning June 7, 2010 through July 12,2010 to provide oral and/or written comments.

FINANCIAL IMPACT: Funds to be Reprogrammed: Total 33rd AY CDBG fund balances Total 34th A Y CDBG fund balances Total fund balances

$ 7,945.00 $129,599.00 $137,544.00


Sidewalks- District I (34th and 35th A Y) $125,700.00

TOTAL FUNDS TO BE REPROGRAMMED $263,244.00

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: N/A That this Public Hearing be held.

CITY COUNCIL. COMMUNICATION Date:

6-7-20 10 SUBJECT: INTRODUCTION OF AN OIUDIWANCE iuthorizing the City Manager to enter into a lease agreement by and between the ,aredo Transit Management, Inc., (Lessor) and the City of Laredo Police lepartment (Lessee) for the lease of 1,732 sq.ft. of building space located on the ;econd floor west wing of the Laredo Transit Center, 1301 Farragut Street, at the .ate of sixty one cents (.61$) per sq.ft, for a total monthly sum of $1,056.52 for a

Item of three (3) years commencing on July 1,20 10. INITIATED BY: I STAFF SOURCE: Jesus Olivares, Assistant City Manager Feliciano Garcia, Transit General Manager

Carlos Maldonado, Police Chief I

PREVIOUS BOARD ACTION: none.

BACKGROUND: The Police Department Internal Affairs Division is seeking to occupy 1,732 sq ft of office space at sixty-one cents (.61$) cents per sq foot located on the 2nd floor West wing of the Laredo Transit Center for the term of three (3) years commencing on July 1, 2010 for the monthly rate of $1,056.52.

FINANCIAL: Monthly rent shall be $1,056.52 based on 1,732 square feet at sixty one cents (.61$) per square foot. Police Department will pay 25% of the electrical bill. Monthly rental and service fee of $45.00 for trash compactor fees. Rental Revenues will be deposited into accqunt no. 5 1 8-0000-36 1-1 0 121Transit Center Rent

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends passage of this introductory ordinance.

ORDINANCE NO

Authorizing the City Manager to enter into a lease agreement by and between the Laredo Transit Management, Inc., (Lessor) and the City of Laredo Police Department (Lessee) for the lease of 1,732 sq.ft. of building space located on the second floor west wing of the Laredo Transit Center, 1301 Farragut Street, at the rate of sixty one cents (.61$) per sq.ft, for a total monthly sum of $1,056.52 for a term of three (3) years commencing on July 1, 2010.

WHEREAS, the City of Laredo Police Department, hereinafter called "Lessee" convenants and agrees to pay Laredo Transit Management, Inc., hereinafter called "Lessor" as rent for the said premises in the sum of sixy-one (.6 16) cents per square foot monthly; and

WHEREAS, the Lessee will pay 25% of the electrical bill; and

WHEREAS, the rental fee for parking of employee vehicles will be paid monthly at the rate set by City Ordinance by City Council, currently set at $30.00 per month per vehicle, or as set by City Council, and will be addressed by a separate ordinance; and

,

WHEREAS, The Lessee shall pay a monthly rental and service fee for a trash compactor, in the mount of $45.00 per month.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO, TEXAS: THAT

Section 1. That it hereby authorizes the City Manager to execute a lease agreement, containing the principal provisions enumerated below, by and between the Laredo Transit Management, Inc., as "Lessor" and the City of Laredo Police Department, as "Lessee" for lease building space containing 1,732 square feet at the Laredo Intermodal Transit Center located at 1301 Farragut (West). The contract term is for three (3) years commencing on July 1,201 0.

\

1. Monthly rent shall be based oh 1,732 square feet at sixty-one cents (.61$) per square foot.

2. The Police Department will pay 25% of the electrical bill. 3. Rental for parking of vehicles will be paid monthly at the rate set by City Council

Ordinance, and will be addressed by separate agreement. 4. Monthly rent and service fee of $45.00 per month for a trash compactor.

Section 2. This ordinance shall become effective upon the passage hereof.

PASSED BY THE CITY COUNCIL ABD APP ROVED BY THE MAYOR ON THIS THE DAY OF ~O-*

RAUL SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARRA, JR. CITY SECRETARY


BY: RAUL CASSO CITY ATTORNEY

LEASE AGmEMENT

THIS AGREEMENT is effective July 1, 2010 and made between the Laredo Transit Management, Inc., hereinafter called "Lessor", and the City of Laredo Police Department, hereafter called "Lessee", witnesseth:

That Lessor, for and in consideration of the rent hereinafter specified to be paid by Lessee, and the convenants and agreements hereinafter contained, by the Lessee to the kept and performed, has leased the 1,732 sq. fi of building space second floor (West) located on 1301 Farragut in the City of Laredo, County of Webb, State of Texas.

To have and to hold unto said Lessee on the following terns and conditions:

1. TERM: The term of this lease shall be for THREE YEARS beginning July 1, 201 0; and thereafter from month to month until such time as Lessor terminates the Lease by giving the Lessee (90) ninety days written notice of termination to the then Director of the Lessee organization or to one of its members.

2. RENTAL: Lessee covenants and agrees to pay to Lessor as rent for the said premises the sum of .61$ per square foot monthly, for a total sum of $1,056.52 dollars monthly. Rental fee for parking of employee vehicles will be paid monthly at the rate set by City Ordinance (current rate of $30.4q/month per vehicle). The Lessor will provide up to two (2) designated parking spaces for ,use by the ~essee . The Lessor will determine the amount of parking for client use to be used on each floor. Lessee will pay 25% of the Electrical Bill. The Lessee also agrees to pay the monthly rental and service fee of $45.00 per month for trash compactor.

. 3. PURPOSE: Said premises shall be used by the Lessee by the Internal Affairs Division.

4. IMPROVEMENTS: lessee may, at Lessee's sole cost and expense, make such changes, alterations or improvements (including the construction of buildings) as may be necessary to fit existing premises, provided however, that no change, alteration or improvement may be so made without the prior approval of the City Manger, and all buildings, fixtures and improvements of every kind and nature whatever installed by the Lessee shall remain the property of Lessee, who may remove the same upon termination of the lease, pro-vided that such removal shall be done in such a manner as not to injure or damage the demised premise; and that premises shall be restored to the condition in which they existed prior to such improvements, and provided further that should Lessee fail to remove said buildings, fixtures or improvements as above provided, Lessor at its option, may require Lessee to remove the same. In the event of receipt of notice from Lessor, Lessor may remove the same and dispose of the same as it sees fit, and Lessee agrees to sell, assign, transfer and set over to Lessor all of Lessee's right, title and interest in and to said building, fixtures, improvements and any personal property not removed by

Lessee, for the sum of One Dollar ($1.00). Lessee further agrees that should Lessor remove said buildings, fixtures and improvements as above provided, that Lessee will pay Lessor upon demand the cost of such removal, plus the cost of transportation and disposal thereof.

5. RESERVATIONS BY LESSOR: The Lessor reserves the right to require and make modifications to the leased premises for the benefit of the public as Lessor determines and for such purpose the Lessor shall have right of ingress to and egress from the leased premises to make any such modification. The Lessor further reserves the right to maintain all current utility lines located in the leased premises. The Lessor further reserves the right to construct additional utility lines either by itself or by its licensees or franchisees in and through the leased premises, but such construction or installation of any additional utility lines must be preceded by fifteen (15) days written notice to Lessee. Any maintenance or construction work done by Lessor or its licensees or franchisees will be done with an effort to minimize any damage to or interference with any improvements hereinafter installed on the leased premises by the lessee; however, it is understood and agreed by Lessee, that in no event shall Lessor be responsible to Lessee for any damage to the leased premises or for any interference with its use by Lessee, arising out of any maintenance, construction or installation of utility lines on the leased premises whether by Lessor or its licensees or franchisees.

6. RESERVATION BY LESSEE: The Lessee reserves the right to terminate this Lease at any time after 30 q q s y written notice to the Lessor.

, /' 7. REPAIRS-MAINTENANCE: Lessee agrees to provide normal building

maintenance for the leased space. Lessor agrees to provide maintenance for the parking lot area. Lessor will provide all major building repairs associated with utilities of leased items necessary for daily operations by Lessee.

8. ASSIGNMENT AND MORTGAGE: Neither the leased premises nor any portion thereof shall be sublet, nor shall this lease, or nay interest therein be assigned, hypothecated or mortgaged by Lessee, and any attempted assignment, subletting, hypothecation or mortgaging of this Lease shall be of no force or effect and shall confer no rights upon any assignee, sub-lessee, mortgage or pledge.

9. LIABILITY: Lessee shall save Lessor harmless from any loss, cost or damage that may arise out of or in connection with this lease or the use of leased premises by Lessee, or its agents, or employees, or any other person using said premises; and Lessee &gees to deliver to Lessor upon execution of this lease an executed copy of a continuing public liability and property insurance policy satisfactory to Lessor, indemnifying and holding Lessor harmless against any and all claims, in the amount as prescribed by the City of Laredo policies for such actions.

10. TERiiINATION BY LESSOR: Lessor may terminate this lease at any time by serving upon Lessee, in the manner hereafter provided, a written notice of its election to so terminate, which said notice shall be served at least 90 days prior to the date in said notice named for such termination.

11. DEFAULT: In the event that Lessee shall be in default of any payment of rent or in the performance of any of the terms or conditions herein agreed to be kept and performed by Lessee, Lessor may terminate this lease, with a 60-day notice and may enter upon said premises and remove all persons and property therefrom; in the event Lessor shall bring a legal action to enforce any of the terms hereof, or obtain possession of said premises by reason of any default of Lessee, or otherwise, Lessee agrees to pay Lessor all costs of such legal action, including reasonable attorney's fees.

12. NOTICES: Any notices which are required hereunder, or which either Lessor or Lessee may desire to serve upon the other, shall be in writing and shall be deemed served when delivered personally, or when deposited in the United States mail, postage prepaid, return receipt requested, addressed to lessee as follows: Mr. Carlos Maldonado, Police Chief, 4712 Maher Ave, Laredo, Texas 78041, or addressed to Lessor as follows: Mr. Feliciano Garcia, Jr, General Manager, Laredo Transit Management, Inc., 130 1 Farragut, Laredo, Texas 78040.

13. WAIVER: Waiver by Lessor of any default in performance by Lessee of any of the terms, yqvenants or conditions contained herein, shall not be deemed a continuing waiver of the same of any subsequent default herein.

14. COMPLIANCE WITH LAWS: Lessee agrees to comply with all laws, ordinances, rules and regulations, which may pertain or apply to the leased premises and the use thereof.

15. LESSOR MAY ENTER: Lessee agrees that Lessor, its agents or employees, may enter upon said premises only with consent of the Lessee during the life of this lease for the purpose of inspection and for the purposes stated in Paragraph 5, above, with the understanding that said work will be performed in such a manner as to cause a minimum of interference with the use of the property of the Lessee.

The Contract is signed, in duplicate original, on this day of ,20-.

'? (signatures on next page)

LESSOR: LAREDO TRANSIT MANAGEMENT, INC.

By: FELICIANO GARCIA JR. General Manager

. . LESSEE: CITY OF LAREDO POLICE DEPARTMENT

By: CARLOS R. VILLARREAL City Manager

ATTEST:

GUSTAVO GUEVARA JR. City Secretary

APROVED AS TO FORM:

By: \

? RAUL CASSO City Attorney


INITIATED BY: Cynthia Collazo, Deputy City Manager

DATE: 06/07/10

STAFF SOURCE: Riazul Mia, Environmental Director Ronnie Acosta, CD Director

SIUBSaECT: INTRODUCTORY OWINANCE Authorizing the City Manager to execute all necessary documents to grant a perpetual Utility/Access Easement for the installation of utilities that were displaced during the construction of the Canal Drainage Improvement Project. The UtilitylAccess Easement consists of 788 sq. ft. situated in Survey 799, Abstract 239, Laredo Town tract, City of Laredo, Webb County, Texas, being out of two tracts owned by the City of Laredo:

Tract "8"-170 sq. ft. out of Tract "A" recorded in Volume 2740, Page 233, of Official Public Records of Webb Co~mty, Texas; and, Tract "B"-781 sq. fi. out of Tract "B" as recorded in Volume 2799, Page 577, of Official Public Records of Webb County, Texas; and,

more particularly described on attached, Exhibits A and B.

I PREVIOUS COUNCIL ACTION: I

BACKGROUND:

While in the process of implementing the Canal Drainage Improvement to alleviate future flooding, current utilities were displaced; therefore, a perpetual easement is needed to re-establish the location of utility services.

The Utilities that were displaced have the right to construct, reconstruct and repair the utility/access easement. I That being the case, it is in the best interest of the City of Laredo to grant the above-referenced easement, as described on attached, Exhibits A and B.

FINANCIAL IMPACT: n/a

COMMITTEE RECOMMENDATION: N/ A

STAFF RECOMMENDATION: Staff recommends introduction of Ordinance.

INTRODUCTORY OmINANCE

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO G U N T A PERPETUAL UTI%ITY/ACCESS EASERIIENT FOR THE INSTALLATION OF UTILITIES THAT WERE DISPLACED DUMNG THE CONSTRUCTION OF THE CANAL DMilNAGE IMPROVElMENTT PROSJECT. THE UTILITY/ACCESS EASEMENT CONSISTS OF 788 $0. FT. SITUATED IN SURWY 499, ABSTMCT 239, LAREDO T O W TRACT, CITY OF L DO, WEBB COUNTY, TEXAS, BEING OUT OF TWO TRACTS O W E D BY THE CITY OF LAREDO:

T U C T 66A9'-178 SQ. FT. OUT OF TRACT 6%99 RECORDED IN VOLUME 2744, PAGE 233, OF OFFICIAL PUBLIC R E C O ~ S OF WEBB COUNTY, TEXAS; AND, T M C T 6'B9'-781 SQ. FT, OUT OF T M C T ""B99 AS m C O M E D IN VOLUME 2799, PAGE 57'7, OF OFFICIAL PUBLIC =CORD$ OF WEBB COUNTY, TEXAS; AND,

MORE PARTICULARLY DESCMBED ON ATTACHED EXHIBITS A AND B.

WHEREAS, while in the process of implementing the Canal Drainage Improvement to alleviate fiiture flooding, current utilities were displaced; therefore, a perpetual easeixent is needed to re-establish the locatioii of utility services; and

WHEWAS, the Utilities that were displaced have the right to construct, reconstruct and repair the utilitylaccess easement; and

EREAS, that being the case, it is in the best interest of the City of Laredo to grant the above-referenced easement, as described on attached Exhibits A and B.

NOW, THEREFORE, BE IT mSOLVED BY THE CITY COUNCIL OF THE CITY OF LAmDO THAT:

A. It hereby authorizes the City Manager to execute all necessary documents to grant a perpetual UtilityIAccess Easement for the installation of utilities that were displaced during the collstruction of the Canal Drainage Improvement Project. The UtilityIAccess Easement consists of 788 sq. ft. situated in Survey 799, Abstract 239, Laredo Town tract, City of Laredo, Webb County, Texas, being out of two tracts owned by the City of Laredo:

Tract "A"-170 sq. ft. out of Tract "A" recorded in Volume 2740, Page 233, of Official Public Records of Webb County, Texas; and,

Trace ""B'--'98 1 sq. ft. out of Tract "B" as recorded in Volume 2799, Page 577, of Official Public Records of Webb County, Texas; and being described on attached Exhibit A and B;

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF JUNE, 2010.

RAUL C. SALINAS MAYOR

ATTEST:

GU STAVO GUEVARA, JR. CITY SECRETARY


By: Nathan Bratton Assistant City Attorney

Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real proper@ before it is filed for record in the public records: your Social Security number or your driver's license number.

UTILITY EASEMENT

THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS

COUNTY OF WEBB

That the undersigned City of Laredo, a Texas Municipal Corporation of the State of Texas,

County of Webb, owner of the herein below described property does hereby DEDICATE an

unobstructed permanent and perpetual 10 foot wide utility easement consisting of 788 sq. ft. in order

to allow for relocation of utilities. The City of Laredo shall have the right to construct, reconstruct,

repair and perpetually maintain water and sewer utility lines upon, through and under the the utility

easement, together with all necessary laterals and appurtenant facilities, in, over, upon and across the

following tract of land in Webb County, Texas:

A tract of land containing 788 sq. ft. situated in Survey 799, Abstract 239, Laredo Town Tract, City of Laredo, Webb County, Texas. Being out of two tracts owned by the City of Laredo, 170 sq. ft. out of tract "A" as recorded in Volume 2740, Page 233 (dated April 3,2009) and 781 sq. ft. out of Tract "B" as recorded in Volume 2799, Page 557 (dated July 3 1,2009) of Official Public Records of Webb County, Texas. This utility easement being more particularly described by metes and bounds in "Exhibit A" attached hereto, and as shown on survey attached hereto as "Exhibit B".

This dedication, however, is made and accepted subject to any and all validly existing

encumbrances, easements, mineral leases, conditions and restrictions, relating to the hereinabove

described property as now reflected by the Official Property Records of Webb County, Texas.

TO HAVE AND TO HOLD the same perpetually to the displaced utilities, together with

the right and privilege at any and all times to enter said premises, or any part thereof, for the

purpose of constructing, reconstructing, repairing, and maintaining utility lines, including all

necessary laterals and appurtenant facilities.

EXECUTED on this - day of ,2010.

City of Laredo, a Texas Municipal Corporation

BY: Carlos Villarreal City Manager

STATE OF TEXAS

COUNTY OF WEBB

This instrument was acknowledged before me on the - day of ,2010,

by Carlos Villarreal, City Manager for the City of Laredo, a Texas Municipal Corporation on

behalf of said Municipal Corporation.

Notary Public, State of Texas

tlowlanci Surveying Co., Inc , dba HOWLAME. EPfGfNEERtNG AND S;URVEYIF\IG C 6 .

911 8: Gas Lacations A Surveymg ' Lznd Ceve!opnient ' Ctv~l Design Fo~tndatto~i:;iGo~r:ch1~ic8~ * C ~ n ~ ~ ~ ~ c ~ $ n M ~ % : r i a I s Tgstii~q * ~t~~itronrnenlgf

LEGAL DESCIXfPTION Xa' GTlLIT'ir; EASEMENT TRACT 788 SF

107 SF Beins out o f City of 1,aredo Tract "A" Volttmc ?l?CJ. Pa~np? 233 Oflicinl PL;hlic Recorcis, i\'eb\) Co~irr!!., TX

0% t SF k i n g out trP Cltp al !-areclo TI.;%(:( "H" Vol~mnic 1793. Pitge .55i C)Fficinl Public Rcct?riis, bV.~zhb Counly,TX

.% TBAC'I' OF I,ANI) C:ON'l'itBNIXG 788 SF,: S ~ ~ L L ; I I C L ~ in S~lrvey 799, Ahstrzct 239: Laredo --. i itwil 'fracl., City orl'Larctio; ii.*cbb Cottnty> Tcsas. Bclrlg out of tow tracts o~vucd by tile C'iQ of L(lrerlil, 171: SF orir or Irac? "A'' as recorded in Valun:e 2740, Page 233 (diltctI .April 3,20(19) &'L

781 SF out oi'rrac: "B" as recorded in Vulul~~c 2799, I)agc f 57 (&rod July 31,2Cil)O) of Olficial i'ublic Itccords tlf Wcbb C ~ a i ~ v , Texas. This Utili:? Easemeut being more particulariy described :!s t'uliows:

CQ)&Ib~ENC~::I?lG at a Found K" 'isol! Rod. bei1.1g tile snurh colllcr of said Tract "B" TThIEh'CE, N49"13'45"f-, ttlong tile southeast bori~idsry line of said 'Trsct B, B distance of 20.96 feet 10 ail

exisring 16 l'oiti 11iility eascii~crll ib r 1t16 sou111 t:oi-ibel. oftiti!; tyacl nfid (Jte TRlJR POINT 01: BEC:gNKfNC.

THENCE, i'iiSliTA; along said I6 fiat utility ensettiet:t, a distar~cc of 13.1 tl FKET' for an exterior mmcr Iic~cof'S

Y'216N@il:, 3 49544'14" K, ?:lssing the i:olxlt>>olz boundal-y litlt: of's;iid Tract R ,% A at a distancc ol'64.AI Get a id ~>t;iiix:ling a total distancc of 79'37 FEET til a point on an existing 16 foot utility easzment, for an exfcrior corner hereof'

*<.*- , HENCE, S $0°3[:'34j'' E, :~tong said I6 hot utility eascttrlent, a.dis(a~~i:e of 13.1.0 FEKI'to a fwini oa tlie sc.~ulhaasr, boundary line of'suid I'sact A, l'or tile ~llost, easterly crrrner I?erec)ti

'fHESCE, S 49'4.4'45'' WI along said southcasiciiy bou~~dwy linc oiTrai:t A. passing a1 a distance or 15.70 J.'cet thc cotnrrwn boundery 1i;le ofsaiti l'l-acts t, & 3 ntid cor~tinuillg a total distaitce 0187.31 FEET to tile point ofbegi~lt~ing of' illis 10 fool wick: utility eascrrwnt tont3init;g 7% SF of land, moxc o- loss.

Dasis oSDcari:~g: ,3:ct:ot1ling io Kniiaii; Park Strb&\iisil,n. Ilnii-2 :1:: p u V d ~ , r ~ e 2, !lase 2205 oTtlle Pit11 Records of Wehi2 C:)un:y, Tesa:i.

Monumexs i.lei.ti: it ii)~;nd $5'' iron 1.o~: a? thc smtth\vest corner of City oi i:lrcdn Tracr "a" (4Z.55 SF), recorded in Volurrle Z Y W , Payr 557 (dated Ju!y 3 l , 2009).

t the t:t!<icrsigno& a Keglstci'cd 1'roYcssiun:l: Ltlnti Sur\:eyor, it1 tltc Siak Ti:ras, hereby ce~lif)~ that this pial is true and coc;.cct to die \xst of 111y Iiilo\\.icdge, and wos prcplced Svom an acid st*rvey of the propei!y tnaiie u.tldct. my supcrviiiion trn ihi: ground, that the corncr moumntnts jlio\r.l~ 1hcre~)ll vllcl-c hu!ld ur sha1.i bt prr)t)criy placetl ~lntic! 111~1 s~~~)cl-vision,

.*.*. ',...- t *.,.-, +... _ r w r-j - , , , . / ,/ .' $/ />' __^*

./. J . i,,,. ,,c ; -,*'-.-.+*+ . . - .?., P p ..-- .+-..< c .' {-/-.-'>.-. -;,.L.i*f cr .,-.j.

t...'' Bi.rn:iI Frcdcrick Slight R.P.L.S. No. 5338

_ .. . . _..- . . _-- _ . _.., . _ _._., _._ .'., __- "v..-_"./.. .- -~.---- 7515 N. Bartle:! Avn,nue 'P.O. Box 451.lt8 ' taredo, Texas 78041-9096

f elephone: (956) '?22-4itt 7 VF:&csin?ile: (956j 7;2:;-54,14 " t-:-.Mail: h o ~ l n n ~ l ~ ~ ~ l i o w l a 1 7 d - l a r e d o . ~

t c t 55 EIlcck 506

Qyg.6 si-

COUNCIL COMMUNllCATION DATE:

06/07/20 1 0

SUBJECT: INTRODUCTORY ORDINANCE Authorizing the City Manager to execute an amendment to the lease agreement approved by Ordinance No. 20 10-0-04 1 dated April 19,20 10 by changing the LESSEE'S name from L.A. Ventures Del, Inc. to L.A. Ventures Terminal, Ltd., also to extend the lease term to 40-years from December 1,2041 to November 30,2050 for an approximate 3.135 acres (1 36,560.60 square feet) constituting Tract 6 of Block 1 and approximately 3.135 acres (1 36,560 square feet) constituting Tract 7 of Block 1 of the subdivision plat of the Laredo International Airport Terminal Subdivision at the Laredo International Airport. The annual rental obligation effective on December 1,2041 shall be adjusted based on a fair market rent appraisal of the leased premises (land and improvements) and such revised rental shall be adjusted annually thereafter by changes in the Consumer Price Index (CPI). All other terms and conditions remain unchanged and in effect; providing for an effective date.

PREVIOUS COUNCIL ACTION: Ordinance No. 2010-0-041 dated April 19, 2010 approved an assignment from ASA Group, Ltd. to L.A. Ventures, Del. Inc.

I

BACKGROUND: The subject leased premises were originally leased to ASA Group, Ltd, as Lessee, on November 26,2001 and approved by Ordinance No. 2001 -0-278, as amended. Said lease was subsequently assigned to L. A, Ventures, Del, Inc., instead of L.A. Ventures Terminal, Ltd. as originally requested.

INITIATED BY: Jesus M. Olivares Assistant City Manager

The original ASA Group lease term commenced December 1, 2001 and will expire November 30, 2041. The annual rental obligation effective on December 1, 2041 shall be adjusted based on a fair market rent appraisal of the leased premises (land and improvements) and such revised rental shall be adjusted annually thereafter by CPI.

STAFF SOURCE: Jose L. Flores Airport Manager

Former Lessee ASA Croup, Ltd. leased the approximate 3.135 acres (136,560.60 square feet) constituting Tract 6 of Block 1 and approximately 3.135 acres (1 36,560 square feet) constituting Tract 7 of Block 1 of the subdivision plat of the Laredo International Airport Terminal Subdivision at the Laredo International Airport in which they constructed approximately 88,000 square feet of air cargo facilities.

L.A. Ventures, Inc. has developed approximately 240,000 square feet of air cargo facilities located within the Laredo International Airport Airpark Facilities Subdivision and which presently houses several tenants including UPS, DB Shenker, Continental Cargo, DHL Express, etc.

L.A. Ventures, Inc. is a tenant in good standing. FINANCIAL IMPACT: Aeronautical Land Rent Revenues

Account No. 242-0000-36 1-2070 Monthlv Rent: $4.745.47

COMMITTEE RECOMMENDATION: On May 1 l , 2 0 10 the Airport Advisory Committee recommended approval.

STAFF RECOMMENDATION: Approval of this Ordinance.

ORDINANCE NO.

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT APPROVED BY ORDINANCE NO. 2010-0-041 DATED APRIL 19, 2010 BY CNANGHNG THE LESSEE'S NAME FROM L.A. VENTURES DEL, INC, TO L.A. VENTURES TERMINAL, LTD., ALSO TO EXTEND THE LEASE TERM TO 40-YEARS FROM DECEMBER 1,2041 TO NOVEMBER 30, 2050 FOR AN APPROXIMATE 3.135 ACRES (136,560.60 SQUARE FEET) CONSTITUTING TRACT 6 OF BLOCK 1 AND APPROXIMATELY 3.135 ACRES (136,560 SQUARE FEET) CONSTITUTING TRACT 7 OF BLOCK 1 OF THE SUBDIVISION PEAT OF THE LAREDO INTERNATIONAL AIRPORT TERMINAL SUBDIVISION AT THE LAREDO INTERNATIONAL AIRPORT. THE ANNUAL RENTAL OBLIGATION EFFECTIVE ON DECEMBER 1, 2041 SHALL BE ADJUSTED BASED ON A FAIR MARKET RENT APPRAISAL OF THE LEASED PREMISES (LAND AND IMPROVEMENTS) AND SUCH REVISED RENTAL SHALL BE ADJUSTED ANNUALLY THEREAFTER BY CHANGES IN THE CONSUMER PRICE INDEX (CPI). ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED AND IN EFFECT; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Airport Manager recommends that the City Council approve the proposed Amendment to the lease agreement between the City of Laredo, as LESSOR, and L. A. Ventures Terminal, Ltd., as LESSEE, for approximately 3.135 acres (136,560.60 square feet) constituting Tract 6 of Block 1 and approximately 3.1 35 acres (136,560 square feet) constituting Tract 7 of Block 1 of the subdivision plat of the Laredo International Airport Terminal Subdivision at the Laredo International Airport, as a contract and in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport; and

WHEREAS, the Airport Manager and the Airport Advisory Committee finds that said agreement is in the best interest of the Airport and recommends that the City Council approve the proposed agreement; and

WHEREAS, the City Council of the City of Laredo having heard the recommendations of the Airport Manager and of the Airport Advisory Committee agrees with same.


Section 1 : The City Manager be and is hereby authorized to execute an amendment to the lease agreement approved by Ordinance No. 201 0-0-041 dated April 19,201 0 by changing the LESSEE'S name from L.A. Ventures Del, Inc. to L.A. Ventures Terminal, Ltd., Section 2: Also to extend the lease term to 40-years from December I, 2041 to November 30,2050 for an approximate 3.135 acres (1 36,560.60 square feet) constituting Tract 6 of Block 1 and approximately 3.135 acres (1 36,560 square feet) constituting Tract 7 of Block 1 of the subdivision plat of the Laredo International Airport Terminal Subdivision at the Laredo International Airport.

Page 1 of 2

LEASE AGREEMENT AMENDMENT BETWEEN THE CITY OF LAREDO AND L.A. VENTURES TERMINAL, LTD.

The annual rental obligation effective on December 1, 204 1 shall be adjusted based on a fair market rent appraisal of the leased premises (land and improvements) and such revised rental shall be adjusted annually thereafter by changes in the Consumer Price Index (CPI). All other terms and conditions remain unchanged and in effect; providing for an effective date, a copy of which contract is attached hereto as Exhibit 1, and incorporated herein as if set out at length.

Section 2: This Ordinance shall become effective upon passage hereof.

PASSED BY THE CITY COUNCIL AND APROVED BY THE MAYOR ON THIS THE DAY OF ,2010.


ATTEST:


APPROVED AS TO FOKM: RAUL CASSO CITY ATTORNEY

BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

Page 2 of 2

NOTE: This agreement is subject to City Council approval and also constitutes a public document under the Texas Open Records Act, being subject to public inspection at any time hereafter.

STATE OF TEXAS )(

COUNTY OF WEBB )(

LEASE AMENDMENT

This Lease Amendment is made and entered into by and between the City of Laredo, a home rule city hereinafter referred to as "LESSOR and L.A. Ventures, Del., Inc., hereinafter referred to as "LESSEE".

WHEREAS, on April 19,20 10, by Ordinance No. 20 10-0-04 1 LESSOR authorized a lease assignment from ASA Group, Ltd, as Assignor to L. A. Ventures, Del., Inc. , for the approximate 3.135 acres (1 36,560.060 square feet) constituting Tract 6 of Block 1 and for the approximate 3.135 acres (136,560.60 square feet) constituting Tract 7 of Block 1 of the Subdivision Plat of the Laredo International Airport Terminal Subdivision located at the Laredo International Airport.

WHEREAS, LESSOR and LESSEE agree to amend the name of the LESSEE, from L.A. Ventures Del, Inc. to L.A. Ventures Terminal, Ltd. and to amend Paragraph 1.05, titled, TERM OF LEASEHOLD, COMMENCEMENT OF TERM, SUSPENSION, to extend the current lease term to 40-years from the December 1,2041 original lease termination date to November 30, 2050, and amending Paragraph 1.06, titled, RENTAL OBLIGATION AND MODE OF PAYMENT to add the following rent adjustment provision, that the annual rental obligation effective on December 1, 204 1 shall be adjustecl based on a fair market rent appraisal of the leased premises (land and improvements) and such revised rental shall be adjusted annually thereafter by changes in the Consumer Price Index (CPI). All other terms and conditions remain unchanged and in effect.

W I T N E S S E T H

WHEREAS, the LESSOR currently owns and operates those premises known as the Laredo International Airport, sometimes referred to as "Airport" lying and situated within the incorporated limits of the City of Laredo, Webb County, Texas, and;

WHEREAS, the LESSOR has determined that it is advantageous to itself, its citizenry, and the operation of its airport to lease and demise premises located on the airport to the LESSEE together with certain rights, privileges, and uses;

NOW, THEREFORE, THE LESSOR and LESSEE for and in consideration of the covenants and agreements embodied below, do hereby covenant and agree as follows: to amend the name of the LESSEE, from L.A. Ventures Del, Inc. to L.A. Ventures Terminal, Ltd, and to extend the current lease term to 40-years from December 1,2041 original lease termination date to November 30,2050 for an approximate 3.135 acres (136,560.60 square feet) constituting Tract 6 of Block 1 and approximately 3.135 acres (136,560 square feet) constituting Tract 7 of Block 1 of the subdivision plat of the Laredo International Airport Terminal Subdivision at the Laredo International Airport. The annual rental obligation effective on December 1, 2041 shall be adjusted based on a fair market rent appraisal of the leased premises (land and improvements)

AMENDMENT LEASE AGREEMENT BETWEEN THE CITY OF LAREDO AND L.A. VENTURES TERMINAL, LTD. (TRACTS 6 & 7 BLOCK 1)

and such revised rental shall be adjusted annually thereafter by changes in the Consumer Price Index (CPI). All other terms and conditions remain unchanged and in effect.

EXECUTED on this day of ,2010.

LESSOR: CITY OF LAREDO, a Municipal Corporation

BY: Carlos Villarreal, City Manager

ATTEST:




LESSEE: L.A. VENTURES TERMINAL, LTD., a Texas Limited Partnership

BY: Humberto Garza Dominguez, President General Partner for LESSEE

STATE 01: TEXAS )(

COUNTY OF WEBB )(

This instrument was acknowledged before me on the d a y of ,2010, by Humberto Garza Dominguez, President of L.A. Ventures Terminal, LTD, as General Partner of L. A. Ventures Terminal TX, Inc.

NOTARY PUBLIC, STATE OF TEXAS

AUTHONZING THE CITY MANAGER TO AMEND AND EXTEND THE CONTMCT WlTH THE SOCIAL AND HEALTH =SEARCH CENTER- UNBVEUSTY OF TEXAS H E U T H SCIENCE CENTER AT SAN ANTONIO (SMRC-UTHSCSA) AND ACCEPT ADDITIONAL FUNDS IN THE AMOUNT OF $90,000.00 FOR PROYECTO BIENESTAR-LAfQEDO TO CONTINUE THE INTERVENTION IN THE EARLY SCHOOL HEALTH BASED DIABETES IPEDUCTION BROJIDCT (226-4400) FOR THE EXTENDED TERM PERIOD BEGINNING MAY 1,2009 THROUGH MAY

DATE:

1 31,2010. HNIITIATED BY: -/ STAFF SOURCE:

SUBJECT: FINAL READING ORDINANCE 2010-0-065

Cynthia Collazo Deputy City Manager

Hector F. Gonzalez Health Department Director

I

PmVIOUS COUNCIL ACTION: On May 17,2010, Council approved introductory ordinance.

BACKGROUND:

The City of Laredo Health Department will continue a partnership agreement with the Social and Health Research Center-University of Texas Health Science Center at San Antonio (SAHRC-UTHSCSA) by the National Institute of Health (NIH) National Institute for Diabetes, Kidney and Digestive Diseases (NIDDK) to conduct an effectiveness intervention of local 3rd graders to reduce the biological risk for diabetes using a school health based diabetes reduction intervention. This partnership agreement has been extended through May 3 1,20 10.

The collaboration is among the Social and Health Research Center-University of Texas Health Science Center at San Antonio, United Independent School District, Laredo Independent School District and the City of Laredo Health Department to coordinate efforts to reduce elementary school students' risk of developing type I1 diabetes by applying the Proyecto Bienestar-Laredo health program.

The Intervention will involve andlor provide: e Diabetes prevention for all students participating in the project from 38 local schools (19 LISD,19 UISD)

3400 students, 3400 parents, 342 food services staff, 60 Physical education teachers and aides, 38 nurses and 36 evaluation staff from the CLHD will be involved

e Health books, training, supplies, equipment, health examinations, evaluation services and professional support

5 temporary employees hired by the Health Department will continue to conduct the evaluation.

FINANCIAL IMPACT: The City of Laredo will receive an additional $90,000.00 from SAHRC for the Proyecto Bienestar Laredo (PBL) for the City of Laredo Health Department beginning May 1,2009 through May 3 1 ,20 10. The revenue account number is 226-0000-326-2005 ($90,000.00). The expenditure account number is 226-6400 HEBE02. COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

Recommends that Council approve the ordinance.

Projecto Bienestar Laredo- FY 2009-1 0 226-6400 (PBL)

AUTHOMZING THE CITY MANAGER TO AMEND AND EXTEND THE CONTMCT WITH THE SOCIAL AND HEmTH WSEARGH CENTER- UNl(ViEM$TY OF TEJLAS HEALTH $CIENCE CENTER AT $AN ANTONIO (SAHRC-UTHSCSA) AND ACCEPT ADDITIONAL FUND$ I N THE AMOUNT OF $90,000.00 FOR PROYECTO BIENESTAR-ILAREM TO CONTINUE THE INTERVENTION IN THE EARLY SCHOOL HEALTH BASED DIABETES PalEDUCTBON PROmCT (226-6404)) FOR THE EXTENDED T E W PERIOD BEGINNING MAY 1,2009 THROUGH MAY 31,2014).

WHENAS, the City of Laredo Health Department will continue a partnership agreement with the Social and Health Research Center-University of Texas Health Science Center at San Antonio-(SAHRC-UTHSCSA) by the National Institute of Health (NU-I) National Institute for Diabetes, Kidney and Digestive Diseases (NIDDK) to conduct an effectiveness intervention of local students to reduce the biological risk for diabetes; and

WHEIREAS, the collaboration is among the Social and Health Research Center-University of Texas Health Science Center at San Antonio, United Independent School District, Laredo Independent School District and the City of Laredo Health Department to coordinate efforts to reduce elementary school students' risk of developing type I1 diabetes by applying the Proyecto Bienestar-Laredo health program; and

NOW, THEW3EFORE BE IT ORDAINED BY THE CITY COUfeTCIE OF THE CITY OF LAREDO THAT:

SECTION 1: The City Manager is herby authorized to amend the contract and accept additional funds in the amount of $90,000.00 from the Social and Health Research Center-University of Texas Health Science Center at San Antonio (SAHRC-UTHSCSA) for the Proyecto Bienestar-Laredo (PBL) of the City of Laredo Health Department for the extended term period beginning May 1,2009 through May 3 1,20 10.

SECTION 2: Revenue account 226-0000-326-2005 is hereby amended by $90,000.00.

SECTION 3: Expenditure division 226-6400 HEBE02 is hereby increased by $90,000.00.

SECTION 4: The City Manager is hereby authorized to make transfers within the budget as allowable under the Special Contract Provisions and General Provisions of the contract with the Social and Health Research Center-

University of Texas Health Science Center at San Antonio and the National Institute of Wealth-National Institute for Diabetes, Kidney and Digestive Diseases (NTH-NIDDK) to meet the necessary costs to accomplish the scope of work for the division.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE m Y 0 R

ON THIS DAY OF ,2010.


ATTEST:


APPROVED AS TO FORM: Raul Casso, City Attorney

Nathan Bratton ASSISTANT CITY ATTORNEY

CITY COUNCIL COMMUNICATIrn

Page 1 of 2

Date:

6/71 1 0

SUBJECT: FINAL READING OF ORDINANCE NO. 20 10-0-066 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 4.37 acres, as further described by nictes and bounds in attaclled Exhibit "A", located west of Ejido Avenue and along the south side of St. Luke Boulevard, from R-1A (Single Family Reduced Area District) to B-1 (Limited Commercial District); providing for publication and effective date. ZC- 17b-20 10

Initiated by: Cielito Lindo, Ltd. Howland Engineering


Prior action: This item was introduced by Mike Garza at the regular meeting of 511 7/10.

BACKGROUND


Proposed use: Commercial


Surrounding land uses: West of the site are single family residences and LBJ High School. East of the site includes vacant undeveloped land and the Lamar Bruni Vergara Middle School. Land north and south of the property is vacant and undeveloped,

Comprehensive Plan: The Future Land Use Map recognizes this area as RetailIOffice.

Transportation Plan: The Long Range Thoroughfare Plan identifies Cielito Lindo Boulevard as a major arterial, Ejido Avenue as a minor arterial, and does not identify St. Luke Boulevard.


Although the current development in the area is residential and institutional, the proposed zone change to B-1 is consistent with the Comprehensive Plan's retailloffice designation for the area, as well as with the commercial use proposed in the master plan for the Cielito Lindo subdivision.

P&Z COMMlSSlON RECOMMENDATION:

The P & Z Commission, in an 8 to 0 vote, recommended approval of the zone change.


Staff the proposed zone change.

CITY COUNCIL COMMUNICATION

INIPAC'IF ANAEY$II$

B-l (Limited Commercial District): The purpose of the B-1 District (Limited Comnlercial District) is to provide for business and commercial development serving a limited geographic area or neighborhood.

Is this change contrary to the established land use pattern? Yes, the predominant land use pattern in the immediate area is single family residential (site-built homes) and includes institutional uses (i.e. schools) which are permitted in residential districts.

Would this change create an isolated zoning district unrelated to surrounding districts? No, there is currently a B-1 District (Limitcd Commercial District) to the east.

Will change adversely influence living conditions in the neighborhood? No.

Are there substantial reasons why the property can not be used in accord with existing zoning? The existing R- 1A District (Single Family Reduced Area District) does not allow for commercial uses.

Page 2 of 2

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 4.37 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED WEST OF EJIDO AVENUE AND ALONG THE SOUTH SIDE OF ST. LUKE BOULEVARD, FROM R-1A (SINGLE FAMILY REDUCED AREA DISTRICT) TO B-1 (LIMITED COMMERCIAL DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of 4.37 acres, as further described by metes and bounds in attached Exhibit "A", located west of Ejido Avenue and along the south side of St. Luke Boulevard, from R-1A (Single Family Reduced Area District) to B-1 (Limited Commercial District); and,

WI-IEREAS, the required written notices were sent to surrounding property owners at least ten (1 0) days before the public hearing held before the Planning and Zoning Commission on April 15,20 10, and,


WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (1 5 ) days prior to the public hearing held before the City of Laredo City Council on this matter; and,

WHEREAS, the City Council has held a public hearing on May 17,2010, on the request and finds the zone change appropriate and consistent wit11 the General Plan of the City of Laredo; and,



Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by rezoning 4.37 acres, as further described by metes and bounds in attached Exhibit "A", located west of Ejido Avenue and along the south side of St. Luke Boulevard, from R-1A (Single Family Reduced Area District) to B-1 (Limited Commercial District).





ATTEST:




CITY COUNCIL CONIIMUNICATION

Date:

6/74 0

SUBJECT: FINAL READING OF ORDINANCE NO. 201 0-0-067 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 11.70 acres, as further described by metes and bounds in Exhibit "A", located east of Ejido Avenue and extending to the south of St. Luke Boulevard, from R-IA (Single Family Reduced Area District) and B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date. ZC- 17-20 10

Initiated by: Cielito Lindo, Ltd. Howland Engineering


I

Prior action: This item was introduced by Mike Garza at the mceting of 5/17/10.

BACKGROUND




Surrounding land uses: West of the site are single family residences and LBJ High School. East of the site includes vacant undeveloped land and the Lamar Bruni Vergara Middle School. Land north and south of the property is vacant and undeveloped.

Comprehensive Plan: The Future Land Use Map recognizes this area as RetailIOffice.

Transportation Plan: The Long Range Thoroughfare Plan identifies Cielito Lindo Boulevard as a major arterial, Ejido Avenue as a minor arterial, and does not identify St. Luke Boulevard.


Although the current development in the area is residential and institutional, the proposed zone change to B-3 is consistent with the Comprehensive Plan's retailloffice designation for the area, as well as with the commercial use proposed in the master plan for the Cielito Lindo subdivision.

P&Z COMMISSION RECOMMENDATION:

Page 1 of 2


The P & Z Commission, in an 8 to 0 vote, recommended of the zone change.

Staff the proposed zone change.

CITY COUNCIL GOMMUNICATI6)N

B-3 (Community Business District): The purpose of the B-3 District (Con~munity Business District) is to provide for those businesses and services serving a trade area Iarger than a neighborhood but smaller than the entire city and located primarily along minor or principal arterial streets, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or principal arterial streets while preserving established residential neighborhoods along such streets.

Is this change contrary to the established land use pattern? Yes, the predominant land use pattern in the immediate area is single family residential (site-built homes) and includes institutional uses (i.e. schools) which are peimitted in residential districts.

Would this change create an isolated zoning district unrelated to surrounding districts? Yes, there are currently no B-3 Districts (Community Business District) in the vicinity.


Are there substantial reasons why the property can not be used in accord with existing zoning? With the exception of the southeast portion of the tract, which is zoned B- 1, the existing R-1A District (Single Family Reduced Area District) does not allow for commercial uses.

Page 2 of 2

BW3E4HNANGE NO. 2010-0-064

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 11.70 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED EAST OF EJIDO AVENUE AND EXTENDING TO THE SOUTH OF ST. LUKE BOULEVARD, FROM R-1A (SINGLE FAMILY REDUCED AREA DISTRICT) AND B-1 (LIMITED COMMERCIAL DISTRICT) TO B-3 (COMMUNITY BUSINESS DISTRICT); PROVIDING FOR PURLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of 11.70 acres, as further described by metes and bounds in attached Exhibit "A", located east of Ejido Avenue and extending to the south of St. Luke Boulevard, from R-IA (Single Family Reduced Area Dis- trict) and B-1 (Limited Commercial District) to B-3 (Community Business District); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (1 0) days before the public hearing held before the Planning and Zoning Commission on April 15,2010, and,


WHEREAS, notice of the zone change request was advertised in the fiewspapes at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and,

WHEREAS, the City Council has held a public hearing on May 17,2010, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,



Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by rezoning 1 1.70 acres, as fb-ther described by metes and bounds in attached Exhibit "A", located east of Ejido Avenue and extending to the south of St. Luke Boulevard, from R-1A (Single Family Reduced Area District) and B-1 (Limited Commercial District) to B-3 (Community Business District).




RAUL G. SALPNAS MAYOR

ATTEST:





Date:

6/7/ 1 0

I

Prior action: This item was introduced by Mike Garza at the regular meeting of 5/17/10.

SUBJECT: FINAL READING OF ORDINANCE NO. 20 10-0-068 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 9.1 1 acres, as further described by metes and bounds in attached Exhibit "A", located east of Loop 20, south of US Highway 359 and north of North Merida Drive, from AG (Agricultural District) and R-1 (Single Family Residential District) to B-4 (Highway Commercial District); providing for publication and effective date. ZC-18-20 10

I


Initiated by: Summers Family Partnership Howland Engineering



Site: The site is predominantly vacant with the exception of an outdoor storage area.

Surrounding land uses: The land abutting the property to the north is vacant; Arguindegui Oil Co. and Pump-N-Shop are on the north side of US Highway 359. Also on the north side of US Highway 359, to the northwest of the property are Falcon Bank, EZ Pawn, Valero convenience store, and Wha- taburger. To the west are Martinez Auto Parts, a car wash, a construction materials yard, Paulita's Restaurant, a single family residence, a mobile home, and vacant land. Located south of the property are Fiesta Ice, the Lamar Bruni Vergara Children's Advocacy Center, apartments, single family residences, a vacant strip mall, and vacant land. On the east are a single family residence and vacant undeveloped land.

Comprehensive Plan: The Comprehensive Plan identifies this area as RetailIOffice.

Transportation Plan: The Long Range Thoroughfare Plan identifies US Highway 359 and Loop 20 as expressways; North Merida Drive is not identified on the Long Range Thoroughfare Plan.


The proposed zone change is appropriate at this location. The change is compatible with the surrounding zoning districts to the north and west. The proposed district is consistent with the Compre- hensive Plan's retailloffice designation for the area. This area is following a pattern of commercial development.

Page 1 of 2

P&Z COMMISSION RECOMMENDATION: The P & Z Comn~ission, in a 7 to 0 vote, recommended approval of the zone change.

STAFF RECOMMENDATION: Staff the proposed zone change.

IMPACT A N a Y S I S

B-4 Pighwfi31 Commercial District): The purpose of the B-4 District (Highway Commercial Dis- trict) is to provide for those businesses and services serving a regional area which are to be located primarily along principal (major) arterial streets or the freeway, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily along principal arterial streets or the freeway and to impose site development regulations to ensure adequate access of all uses within this classification.

Is this change contrary to the established land use pattern? No, the predominant land use pattern in this area is commercial.

Would this change create an isolated zoning district unrelated to surrounding districts? No, there are B-4 zoning districts to the east, west, and north of the site.


Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the existing zoning does not allow for commercial uses.

Page 2 of 2

OmINANCE NO. 2010-0-068

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING 9.1 1 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED EAST OF LOOP 20, SOUTH OF U.S. HIGHWAY 359 AND NORTH OF NORTH MERIDA DRIVE, FROM AG (AGRICULTURAL DISTRICT) AND R-1 (SINGLE FAMILY RESIDENTIAL DISTRICT) TO B-4 (HIGHWAY COMMERCIAL DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of 9.1 1 acres, as further described by metes and bounds in attached Exhibit "A", located east of Loop 20, south of U.S. Highway 359 and north of North Merida Drive, from AG (Agricultural District) and R-1 (Single Family Residential District) to B-4 (Highway Commerci.al District); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on April 15,20 10; and,



WHEREAS, the City Council has held a public hearing on May 17,20 10, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,



Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by rezoning 9.1 1 acres, as further described by metes and bounds in attached Exhibit "A", east of Loop 20, south of U.S. Highway 359 and north of North Merida Drive, from AG (Agricultural Dis- trict) and R-1 (Single Family Residential District) to B-4 (Highway Commercial District).





ATTEST:

GUSTAVO GUEVARA, JR. CKY SECIEFARY




Prior action: This item was introduced by Mike Garza at the regular meeting of 5/17/10.

Date:

6/7/10

BACKGROUND

SU'IBECT: FINAL READING OF ORDINANCE NO. 2010-0-069 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning 1.28 acres, as further described by metes and bounds in attached Exhibit "A", located east of I,oop 20, south of US Highway 359 and north of North Merida Drive, from K- 1 (Single Family Resi- dential District) to B-3 (Community Business District); providing for publication and effective date. ZC-19-2010

Council District: I - Mike Carza


Initiated by: Summers Family Partnership Howland Engineering

Site: The site is cux-rently vacant.


Surrounding land uses: The land abutting the property to the north is vacant; Arguindegui Oil Co. and Pump-N-Shop are on the north side of US Highway 359. Also on the north side of US Highway 359, to the northwest of the property are Falcon Bank, EZ Pawn, Valero convenience store, and Wha- taburger. To the west are Martinez Auto Parts, a car wash, a construction materials yard, Paulita's Restaurant, a single family residence, a mobile home, and vacant land. Located south of the property are Fiesta Ice, the Lamar Bruni Vergara Children's Advocacy Center, apartments, single family residences, a vacant strip mall, and vacant land. 011 the cast are a single hn i ly residence and vacant undeveloped land.

Comprehensive Plan: The Comprehensive Plan identifies this area as RetaillOffice.

Transportation Plan: The Long Range Thoroughfare Plan identifies US Highway 359 and Loop 20 as expressways; North Merida Drive is not identified on the Long Range Thoroughfare Plan.


The proposed zone change is appropriate at this location. The change is compatible with the sw- rounding zoning districts to the north and west. The proposed district is consistent with the Compre- hensive Plan's retailloffice designation for the area. This area is following a pattern of commercial development.

Page 1 of 2

PdgZ COMMISSION RECOMMENDATION: The P & Z Commission, in a 7 to 0 vote, recommended

of the zone change.



/ IMPACT ANALYSIS

B 3 (Commulmi@ Business District): The purpose of the B-3 District (Community Business District) is to provide for those businesses and services serving a trade area larger than a neighborhood but smaller than the entire city and located primarily along minor or principal arterial streets, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or principal arterial streets while preserving established residential neighborhoods along such streets.

Is this change contrary to the established land use pattern? No, the predominant land use pattern in this area is commercial.

Would this change create an isolated zoning district unrelated to surrounding districts? No, there are B-3 zoning districts to the north and east of the site.


Are there substantial reasons why the property can not be used in accord with existing zoning? Yes, the existing zoning does not allow for commercial uses.

Page 2 of 2

ORDINANCE NO. 2010-0-069

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONNG 1.28 ACRES, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHED EXHIBIT "A", LOCATED EAST OF LOOP 20, SOUTH OF U.S. HIGHWAY 359 AND NORTH OF NORTH MERIDA DRIVE, FROM R-1 (SINGLE FAMILY RESIDENTIAL DISTRICT) TO B-3 (COMMUNITY BUSINESS DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of 1.28 acres, as further described by metes and bounds in attached Exhibit "A", located east of Loop 20, south of U.S. Highway 359 and north of North Merida Drive, from R-1 (Single Family Residential District) to B-3 (Community Business District); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on April 15,2010; and,






Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by rezoning 1.28 acres, as further described by metes and bounds in attached Exhibit "A", located east of Loop 20, south of U.S. Highway 359 and north of North Merida Drive, from R-1 (Single Family Residential District) to B-3 (Community Business District).





ATTEST:




COUNCIL COlMMUNlCATION

Page 1 of 2

Date:

06/07/10

SUBmCT: FINAL READING OF ORDINANCE NO. 2010-0-070 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 6, Block 38, Las Americas Subdivision, located at 2216 Nautla Drive, from R-1A (Single Family Reduced Area District) to R-1 -MH (Single-Family Manufactured Housing District). Providing for publication and effective date.

ZC-07-20 10 Initiated by: Roberto Mendez


Prior action: This item was introduced by Mike Garza at the meeting of May 17,2010. BACKGROUND


Proposed use: Manufactured home


Surrounding land uses: The adjacent properties are single-family residential to the west, north and south. There are manufactured home uses to the east.

Comprehensive Plan: The Future Land Use Map recognizes this area as Low Density Residential.

Transportation Plan: The Long Range Thoroughfare Plan does not identify Nautla Drive.

Letters sent to surrounding property owners: 44 In Favor: 3 Opposed: 10 Petition against: Opposed: 4

STAFF COMMENTS

The proposed zone change is inappropriate at this location. The change is not compatible with the surrounding zoning districts. The R-1A zoning district lines are well established. The nearby manufactured housing units are part of a separate neighborhood.

P&Z COMMISSION RECOMMENDATION: The P & Z Commission, in a '7 to 0 vote, recommended denial of the zone change.


COUNCIL QlOMM%UN%CATION

R-IMH (Single Family Manufacta~red Housing District): The purpose of the R-IMH District is to permit subdivisions designed to meet the dimensional and configuration requirements for manufactured and modular housing neighborhoods.

Is this change contrary to the established land use pattern? Yes, the predominant land use pattern in this immediate area is single family residential (site-built homes).

Would this change create an isolated zoning district unrelated to surrounding districts? Yes, the surrounding zoning is R-1A on all sides with R-3 down the street.

Will change adversely influence living conditions in the neighborhood? Yes, the proposed use would be contrary to what currently exists in the neighborhood.

Page 2 of 2

AMENDING THE ZONING ORDJNANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOT 6, BLOCK 38, LAS AMERICAS SUBDIVISION, LOCATED AT 2216 NAUTLA DRIVE, FROM R-1A (SINGLE FAMILY REDUCED AREA DISTRICT) TO R-IMH (SINGLE FAMILY MANUFACTURED HOUSING DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owners of Lot 6, Block 38, Las Americas Subdivision, located at 22 16 Nautla Drive, from R- 1 A (Single Family Reduced Area District) to R-1MH (Single Family Manufactured Housing District); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on April 15,201 0, and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended denial of the proposed zone change; and,

WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and,




Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by rezoning Lot 6, Block 3 8, Las Americas Subdivision, located at 22 16 Nautla Drive, from R- 1 A (Single Family Reduced Area District) to R-1MH (Single Family Manufactured Housing Dis- trict).


Section 3: This ordinance shall become effective as and fsonl the date of publication specified in Section 2.


RAUL SALINAS MAYOR

ATTEST:

CUSTAVO GUEVARA, JR. CITY SECRE'I'ARY



COUNCIL CBMIWUNICATL~BN

Date:

06/07/10

was introduced by Jose A. Valdez, Jr. at the meeting of May 17,2010. BACKGROUND

SUBSIECTF: FINAL READING OF ORDINANCE NO. 2010-0-071 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for an an~useinent redemption machine establishment on All the Lots of Blocks 1024, 1024A, and 1025, Western Division, located at 4 100 Sail Bernardo Avenue, Suites E3 and E4; Providing for publication and effective date. ZC-03-2010

Initiated by: The HARECO 13 13 Ltd. George L. Hachar

Council District: VII - Jose A. Valdez, Jr.


Proposed use: Amusement Redemption Machines

Prior action: This item was tabled by Jose A. Valdez, Jr. at the meeting of April 19,2010. This item

Site: The site is occupied by a commercial strip mall with the following businesses: TKO, MG In- come Tax Office, Automotive Finishes, 12 & 12 Club, Family Beauty Salon, Kanton Chinese Food, Tortamex, Western Union, Lobo Wireless, and La Roca Restaurant.

Surrounding land uses: To the north lie a strip mall with Kike's Meat Market Too, Karat Gold, and Paris Hair Couture; single-family residential housing; Tiny Team Daycare 11; a vacant lot; and Gonza- lez Auto Parts. To the east are Dairy Queen, Las Palmas Inn, Siesta Motel, O'Reilly Auto Parts, and a vacant commercial building. To the south are the Golden Corn, a beer sun drive-thru, The Tint Shop, Vega's Custom Design Furniture, Julio's Sport's Bar, apartments, and single-family housing. To the west lie single-family homes, apartments, manufactured housing units, Detalles Invitations, an auto sales compound, a vacant compound, and Jolmny Castillo Wrecker and Paint and Body Shop.

Comprehensive Plan: The Comprehensive Plan identifies this area as RetaillOffice.

Transportation Plan: The Long Range Thoroughfare Plan identifies San Bernardo Avenue as a Ma- jor Collector.

Letters sent to surrounding property owners: 34 In Favor: 3 Opposed: 3

STAFF COMMENTS

Staff supports the proposed Conditional Use Permit at this location and recommends the following provisions be attached to the issuance of a CUP.

Page 1 of 2

(Continued on next page) P&Z COWIMISSION RECOMMENDATION: The P & Z Commission, in a 5 to 1 vote, recommended approval of the Conditional Use Permit.

STAFF RECOMMENDATION: Staff supports the Conditional Use Permit.

COUNCIL COMMUNICAT1146N

jtaff Comments (cont,)

1. The C.U.P. shall be issued to llze HARECO 13 13 Ltd. and George L. Hachar, and is nontransferable. 2. The C.U.P. is restricted to the site plan, Exhibit "B," which is made part hereof for all pui-poses. 3. The C.U.P. is restricted to the activities described in letter, Exhibit "A", which is made part hereof

for all purposes. 4. Provide parking spaces in compliance with the Laredo Land Development Code. 5. The owner must provide and maintain trees and shrubs in compliance with the Laredo Land Devel-

opment Code. 6. Signage will be limited to that which is allowed in a B-3 district. 7. Banners and window signs are prohibited. 8. Strobe lights, flashing lights, and any other outdoor lighting designed to attract attention are prohi-

bited. 9. Outdoor music andlor speakers are prohibited. 10. The C.U.P. shall be issued for one year from date of issuance. 1 1. The sale and consumption of alcohol on premises is prohibited. 12. The use will be restricted to 1600 square feet (gross) and 1,100 square feet (nethsable) in the East '/z

of Suite E3 and % of Suite E4. 13. The hours of operation shall be 10 a.m. lo 2 a.m.

Page 2 of 2

OmIINANCE NO. 2010-0-071

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR AN AMUSEMENT REDEMPTION MACHINE ES'TABLISHMENT ON ALL THE LOTS OF BLOCKS 1024, 1024A, AND 1025, WESTERN DIVISION, LOCATED AT 4100 §AN BERNARD0 AVENUE, SUITES E-1, 2, 3, AND 4; PROVlDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a request has been received for the issuance of a Conditional Use Peimit for an amusement redemption machine establishment on All the Lots of Blocks 1024, 1024A, and 1025, Western Division, located at 41 00 San Bernardo Avenue, Suites E-l,2,3, and 4; and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Commission on February 18,20 10; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the Conditional Use Permit; and,


WHEREAS, the City Council has held a public hearing on May 17,2010, on the request and finds the Conditional Use Permit appropriate and consistent with the General Plan of the City of Laredo; and,

WE-IEREAS, all conditions imposed by the Conditional Use Permit, and all pertinent requirements the Laredo Land Development Code shall be met before the activity sanctioned by the Conditional Use Permit may commence; and,

WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and,

NOW, THEFEFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by authorizing the issuance of a Conditional Use Permit for an amusement redemption machine establishment on All the Lots of Blocks 1024, 1024A, and 1025, Western Division, located at 41 00 San Bernardo Avenue, Suites E-l ,2,3, and 4.

Section 2: The Conditional Use Pesmit is further restricted to the following provision herewith adopted by the City Council:

1. The C.U.P. shall be issued to the HARECO 13 13 Ltd. and George L. Hachar, and is nontransferable.

2. The C.U.P. is restricted to the site plan, Exhibit "B," which is made part hereof for all purposes.

3. The C.U.P. is restricted to the activities described in letter, Exhibit "A", whicli is made part hereof for all purposes.

4. Provide parking spaces in compliance with the Laredo Land Development Code. 5. The owner must provide and maintain trees and shrubs in compliance with the Laredo

Land Development Code. 6. Signage will be limited to that which is allowed in a B-3 district. 7, Banners and window signs are prohibited. 8. Strobe lights, flashing lights, and any other outdoor lighting designed to attract attention

are prohibited. 9. Outdoor music andlor speakers are prohibited. 10. The C.U.P. shall be issued for one year from date of issuance. 1 1. The sale and consumption of alcohol on premises is prohibited. 12. The use will be restricted to 1600 square feet (gross) and 1,100 square feet (netlusable) in

the East ?4 of Suite E3 and ?4 of Suite E4. 13. The hours of operation shall be 10 a.m. to 2 a.m.



Section 5: The Conditional Use Permit authorized by this ordinance shall be revoked pursuant to tlze Laredo Land Development Code, section 24.94.10, entitled "Revocatioiz," according to the criteria and procedures described therein and below:

1. Criteria

Any Conditional Use Permit, authorized by City Council, shall be considered in noncompliance and shall be revoked and removed from the City of Laredo Zoning Map, in the event a court of law finds the use in violation of any of the following conditions:

A. The use established on site does not conform, at any time, with any or all permit condition(s) approved by the City Council and or any local, state, or federal law.

B. The activity authorized by the Conditional Use Permit commences prior to the institution of all conditions imposed by the Conditional Use Permit.

C. Discontinuance of the Council approved conditional use for a period of six (6) consecutive months.

D. The use of which the Conditional Use Permit was authorized does not commence within six months of City Council's final approval date.

2. Procedures

Should City of Laredo Enforcement Official inspection reveal noncompliance with Laredo Land Development Code, Subsection 24.94.10, Conditional Use Permit revocation procedures shall commence as below stipulated:

A. A Zoning Officer shall, upon discovery of conditional use permit noncompliance as per Subsection 24.94.10, issue a written warning, granting a grace period of a minimum of ten (1 0) working days, within which time the use may be brought into compliai~ce with the cui-rent City Council approved Conditional Use Permit for that location.

B. If noncompliance persists after the conclusion of the warning grace period, a Zon- ing Enforcement Official shall issue a written citation.

C. Should the citation result in a guilty verdict, the City of Laredo shall consider the Conditional Use Permit revoked and proceed with its removal from the City of La- redo Zoning Map.

D. The Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revocation and removal from the City of Laredo Zoning Map.

E. In the event of discontinuance or failure to commence as stipulated in Subsection 24.94.10.1 D and E of this Ordinance, Zoning Enforcement Staff will issue written notification of same. Ten days after issuance of Zoning Enforcement notification of discontinuance or failure to commence, the Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revocation and removal from the City of Laredo Zoning Map.


RAUL G. SALNAS MAYOR

ATTEST:





Prior action: This item was introduced by Jose A. Valdez, Jr. at the meeting of 5/17/10.

Date:

06/91 1 0

BACKGROUND

SUBJECT: FINAL READING OF ORDINANCE NO. 2010-0-072 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 1, Block 1, CFM Subdivision, located at 2095 1 FM 1472, from AG (Agricultural District) to M- 1 (Light Manufacturing District); providing for publication and effective date.

ZC-0 14-20 10

Council District: VII - Jose A. Valdez, Jr.

Proposed use: Industrial

Initiated by: Carlos Fernhndez Daniel G6mez, PE

Site: Industrial


Surrounding land uses: The tract is occupied by R & A Carriers, Inc. To the east is Bennett Motor Express; adjacent land west, north and south of the tract is vacant and undeveloped.

Comprehensive Plan: The Comprehensive Plan identifies this area as WarehouseILight Industrial.

Transportation Plan: The Long Range Thoroughfare Plan identifies FM 1472 as an expressway.

Letters sent to surrounding property 0wnei.s: 11 In Favor: 0 Opposed: 0 STAFF COMMENTS

The proposed zone change is appropriate at this location. The proposed change is consistent with the Comprehensive Plan's WarehouseILight Industrial designation for the area. The proposed use is compatible with existing uses in the surrounding area.

Page 1 of 2

P&Z COMMISSION RECOMMENDATION: ommission, in a 7 to 0 vote, recommended the zone change.



IMPACT ANALYSIS

M-I (Light Manufacturing District): The purpose of the M-1 District is to encourage the development of manufacturing and wholesale business establishments which are clean, quiet, and free of ha- zardous or objectionable elements such as noise, odor, dust, smoke or glare. Research activities are encouraged. This district is further designed to act as a transitional use between heavy industrial uses and other less intense and residential uses.

Is this change contrary to the established land use pattern? No, the established land use pattern is primarily industrial in nature.

Would this change create an isolated zoning district unrelated to surrounding districts? Yes, at present the adjacent zoning is AG (Agricultural llistrict). I-Iowever, along FM 1472 to the southeast, there are large tracts zoned M-1 .

Will change adversely influence living conditions in the neighborhood? No. There are no neighborhoods in the vicinity.

Are there substantial reasons why the property cannot be used in accordance with existing zoning? Yes, the existing zoning district does not allow for industrial uses.

Page 2 of 2

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAREDO BY REZONING LOT 1, BLOCK 1, CFM SUBDIVISION, LOCATED AT 20951 FM 1472, FROM AG (AGRICULTURAL DISTRICT) TO M-1 (LIGHT MANUFACTURING DISTRICT); PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a zone change has been requested by the owner of Lot 1, Block 1, CFM Subdivision, located at 20951 FM 1472, from ACT (Agricult~u.al District) to M-1 (Light Manu- facturing District); and,

WHEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held before the Planning and Zoning Comtnissioi~ on April 15,2010; and,



WI-IEREAS, the City Council has held a public hearing on May 17,20 10, on the request and finds the zone change appropriate and consistent with the General Plan of the City of Laredo; and,


NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF TI-IE CITY OF LAREDO THAT:

Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by rezoning Lot 1, Block 1, CFM Subdivision, located at 2095 1 FM 1472, from AG (Agricultural Dis- trict) to M-1 (Light Manufacturing District).



PASSED BY THE CITY COUNCIL AND APPROVED BY T I E MAYOR ON THIS THE DAY OF ,2010.


ATTEST:



BY: NATHAN R. BRATTON ASSIS'I'ANT CITY ATTORNEY

Date:

6/71] 0

BACKGROUND Council District: VIII - Cynthia Liendo Espinoza

SUBJIECT: FINAL READING OF ORDINANCE NO. 2010-0-073 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a consignment sllop on Lot I, Block 46 Western Division, located at 603 Flores, Suite #2; providing for publication and effective date. ZC-20-20 10

Initiated by: Maria de Jesus Guerra

Proposed use: Consignment Shop


Site: The site is occupied by a commercial building with the following businesses: used clothing boutique, Lindsey Boutique, and two t-shirt shops.

Prior action: This item was introduced by Johnny Rendon at the regular meeting of 5/17/10.

Surrounding land uses: To the north are Hamilton Jewelry, La Chacharitas, EZ Pawn, Central Loan Co., parking lot, Texas Restaurant Mexican Food, Laredo Police Department Downtown Substation, Subway Sandwiches, HEB; to the northwest are TD Toys, Bona, Anika, Pen World Inc., Festival Shoes, Gran Mercado. To the west are Sanborns, Dollar Tree, BB Toys, Payless Shoes, Vogue, Siros, L.A. Dollar, Los Angeles; to the southwest are the Fashion Outlet, Tabrizi Boutique, The Boutique, Discount Uniforms, YM Trading, vacant commercial, Sarnsons, Casa Family Footwear, Nissi Bouti- que new and resale clothing, Antojitos Restaurant (vacant), International Bargain Wholesale, Fashion Jin, CCECORIO. To the south is the Webb County Heritage Foundation, the Laredo Center for the Arts (LCA), public restroo~ns (closed), the LCA Bookstore, LCA Classrooms, and the I-Iotdog Ex- press. To the southeast are the Laredo Convention and Visitors Bureau, parking, the 66 Club, Mami- tas Caf6 (vacant), Tios Sports Bar; to the east are the Bethany House Vintage Store, a vacant restaurant and parking lot. To the northeast is BBVA Compass Bank and bank parking.

Comprehensive Plan: The Comprehensive Plan identifies this area as Retail/Office.

Transportation Plan: The Long Range Thoroughfare Plan does not identify either Flores Avenue or Hidalgo Street.

Letters sent to surrounding property owners: 12 In Favor: 0 Opposed: 0

STAFF COMMENTS Staff supports the proposed Conditional Use Permit at this location.

- -

(Continued on next page) P&Z COMMISSION RECOMMENDATION: I STAFF RECOMMENDATION:

Page 1 of 2

The P & Z Commission, in a 7 to 0 vote, recommended of the Conditional Use Permit.

Staff suppo,rts the proposed Conditional Use Permit.

COUNCIL C0MMUNLCATl[ON

Staff Comments (cont.)

I. The C.U.P. shall be issued to Maria dc Jesus Guerra, and is nontransferable. 2. The C.U.P. is restricted to the activities described in letter, Exhibit "A", which is made part hereof

for all purposes. 3. The C.U.P. is restricted to the site plan, Exhibit "B", which is made part hereof for all purposes. 4. Signage is limited to that which is allowed in the CBD District. 5. Hours of operation shall be 9:00 AM through 7:00 PM, Monday through Saturday. 6. No merchandise shall be located or displayed on the sidewalk; the sidewalk must remain clear at all

times, as per the City of Laredo Code of Ordinances Section 28-100 (a).

Page 2 of 2

AMENDING THE ZONING ORDINANCE (MAP) OF THE CITY OF LAIEDO BY AUTHORIZING THE ISSUANCE OF A CONDlTIONAL USE PERMIT FOR A CONSIGNMENT SHOP ON LOT 1, BLOCK 46, WESTERN DIVISION, LOCATED AT 603 F L O E S STREET, SUITE #2; PROVIDNG FOR PUBLICATION AND EFFECTIVE DATE.

WHEREAS, a request has been received for the issuance of a Conditional Use Permit for a consignment shop on Lot 1, Block 46, Western Division, located at 603 Flores Street, Suite #2; and,

WI-TEREAS, the required written notices were sent to surrounding property owners at least ten (10) days before the public hearing held beibre the Planning and Zoning Commission on April 15,20 10; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the Conditional Use Permit; and,

WHEREAS, notice of the zone change request was advertised in the newspaper at least fifteen (1 5) days prior to the public hearing held before the City of Laredo City Council on t h s matter; and,

WHEREAS, the City Council has held a public hearing on May 17,2010, on the request and finds the Conditional Use Permit amendment appropriate and consistent with the General Plan of the City of Laredo; and,

WHEREAS, all conditions imposed by the Conditional Use Permit, and all pertinent requirements the Laredo Land Development Code shall be met before the activity sanctioned by the Conditional Use Permit may commence; and,

WHEREAS, the City Council does not consider the impact, if any, of private covenants and deed restrictions on the subject property with the adoption of this ordinance; and,


Section 1 : The Zoning Map of the City of Laredo be and is hereby amended by authorizing the issuance of a Conditional Use Permit for a consignment shop on Lot 1, Block 46, West- ern Division, located at 603 Flores Street, Suite #2.

Section 2: The Conditional Use Permit is further restricted to the following provision herewith adopted by the City Council:

1. The C.U.P. shall be issued to Maria de Jesus Guerra, and is nontransferable. 2. The C.U.P. is restricted to the activities described in letter, Exhibit "A", which is made part

hereof for all purposes.

3. The C.U.P. is restricted to the site plan, Exhibit "B", which is made part hereof for all purposes.

4. Signage is limited to that which is allowed in the CBD district. 5. I-Tours of operation shall be 9:00 AM through 7:00 PM, Monday though Saturday. 6. No merchandise shall be located or displayed on the sidewalk; the sidewalk must remain

clear at all times, as per the City of Laredo Code ofOrdinances Section 28-100 (a).


Section 4: This ordinance shall become effective as and from the date of publication specified in Section 3.

Section 5: The Conditional Use Pennit authorized by Qlis ordinance shall be revoked pursuant to the Laredo Land Development Code, section 24.94.10, entitled "Revocation," according to the criteria and procedures described therein and below:

1. Criteria

Any Conditional Use Permit, authorized by City Council, shall be considered in noncompliance and shall be revoked and removed from the City of Laredo Zoning Map, in the event a court of law finds the use in violation of any of the following conditions:

A. The use established on site does not conform, at any time, with any or all permit condition(~) approved by the City Council and or any local, state, or federal law.

B. The activity authorized by the Conditional Use Permit commences prior to the institution of all conditions iinposed by the Conditional Use Permit.

C. Discontinuance of the Council approved conditioi~al use for a period of six (6 ) consecutive months.

D. The use of which the Conditional Use Permit was authorized does not commence within six months of City Council's final approval date.

2. Procedures

Should City of Laredo Enforcement Official inspection reveal noncompliance with Lasedo Land Development Code, Subsection 24.94.10, Conditional Use Permit revocation procedures shall commence as below stipulated:

A. A Zoning Officer shall, upon discovery of conditional use permit noncompliance as per Subsection 24.94.10, issue a written warning, granting a grace period of a minimum of ten (10) working days, within which time the use may be brought into compliance with the current City Council approved Conditional Use Permit for that location.

B. If noncompliance persists after the conclusion of the warning grace period, a Zoning Enforcement Official shall issue a written citation.

C. Should the citation result in a guilty verdict, the City of Laredo shall consider the Conditional Use Permit revoked and proceed with its removal from the City of Lare- do Zoning Map.

D. The Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revocation and removal from the City of Laredo Zoning Map.

E. 111 the event of discontiauailce or failure lo commence as stipulated in Subsection 24.94.10.1 D and E of this Ordinance, Zoning Enforcement Staff will issue written notification of same. Ten days after issuance of Zoning Enforcement notification of discontin~~ance or failure to commence, the Planning Director shall then issue the permit holder written notification of the Conditional Use Permit's official revocation and removal from the City of Laredo Zoning Map.



ATTEST:




COUNCIL COMMUNICATION DATE: SUBJECT: RESO\.UTION Z010 -R·("2

0610712010 Autholizing ~ City Man3ll"< " e.~ • • SUboroination. ,~

o.. tutbance, .00 Mommenl Ag" """""t bermen tile '" 01 laredo , Inte rnaloonal ". of Coovne,ce, .00 L , Veotur ... Terminal, Lid. , tllereby l ubofd;,alJn'l 11>0 " asa ag reement 10 an awro, ima le 3.135 acr ... (136,560 60 SQua", feel) con,mullng Tract 6 01 BI<x:J< 1 and appro. imalely 3.135 "",eo (136.560 SQu.,. feel) con.litubng Tract 7 01 Blod< 1 of 11>0 . utx!rm;oo plat 01 11>0 La,edo Inlernational Airport T ermillal SubdrmOon at 11>0 lAtedo Intemat""",1 Airporl said Lea.e . utholiled by Ordinance No. 2010-0--041 dated ~ 19, 2010.

INITIATEO BY: Jesus M. O!i>'a",. STAFF SOURCE: ...,.., l. F_ A •• istant City Managei' Ai/port Manage'

PREV IOUS COUNCIL ACTION: On Apri \ 9, 2010 City Council aPP'''''ed Ordinance No 201()'0-{)41 autl>onlir>!l the ••• ;gnmenl !.-om ASA Group, • • As.igno< 10 LA Veorureo 0.. , Inc:. oIll>e .ubjec1 " . ... ag"""""nt

BACKGROUND:

n... Iubjeclieiosed p<emises W&re origin.Jy ... _ to ASA GroUP. Ltd, .s Le ...... on No.embe, ~. 2001 ...... ~ by Ord;,ance No. 20()1 ·0 ·278, IS amended, Sa id ... ... waII

.ub~uently • • • igne<110 L A. V""lu", •. Del, tnc:, ;,Olead of LA, Ventures T."TI"",I, l td .• ' "'Oginally requested.

TI>e .. signed land lea ... 10 L.A, Ventures Termina l, LId. lias a _Iopmenl of app,o...".loly 240.000 "",a", loe! 01 ai, ""rllO fadtit'" I<>cated wiIIlin lhe lJo,edo Inlemational Airpo<t ADv,,,t F""i~t.,. SUW"';'KlfI . 00 which l""""'iIy ~H' ....... 'al I!Hlant. ir>cludinll UPS, F..ae,al E""", ••. OHl Exp ....... Goodman. C., la. , e tc.

L,A. Venlu, .. , Inc: .. pa,ent CO<I1!la"Y of L,A. Vontures Terminal, Ltd is a lenanl in \IOOd ol8nding

FlNANCtAL IMPACT : AeronaUbt:al land Reni Reven ... A.cGounI No 242-0000-36 \ ·2070 M<>nlhly Rl nl' $4.745 .47

COfolMITIEE RECOMMENDATION: STAfF RECOMMENOATIOH: On May 11, 20 ' 0 II>e AifportA~ App,,,,,a l of this Ord;nance Comm itt .. fewmmended approval.

RESOLUTION NO. 2010-13-042

AUTWOWZING TIBE CITY MANAGER TO EXECUTE A SUBORDINATION, NON-DISTUWIBANCE, AND ATTBraiUibIENT AGREEMENT BETWEEN THE CITY OF LAREDO, INTEWATIONAL BANK OF COMMERCE, AND L. A. VENTURES TEMINAE, LTD., THEREBY SUBORDINATING THE LEASE AGREEMENT TO AN APPROXIMATE 3.135 ACRES (136,560.60 SQUARE FEET) CONSTITUTING TRACT 6 OF BLOCK 1 AND APPROXIMATELY 3.135 ACRES (136,560 SQUARE FEET) CONSTITUTING TRACT 7 OF BLOCK 1 OF THE SUBDIVISION PLAT OF THE LAREDO INTERNATIONAL AIWORT TERMINAL SUBDIVISION AT THE LAKEDO INTERNATIONAL AIRPORT SAID LEASE AUTHORIZED BY ORDINANCE NO. 2010-0-041 DATED APRIL 19,2010.

WHEREAS, the Airport Manager recommends that the City Council approve the proposed Subordination, Non-Disturbance, and Attornment Agreement between the City of Laredo, International Bank of Commerce, and L, A. Ventures Terminal, Ltd., thereby subordinating the lease agreement to an approximate 3,135 acres (1 36,560.60 square feet) constituting Tract 6 of Block 1 and approximately 3.135 acres (136,560 square feet) constituting Tract 7 of Block 1 of the subdivision plat of the Laredo International Airport Terminal Subdivision at the Laredo International Airport said Lease authorized by Ordinance No. 2010-0-041 dated April 19, 2010, for the purpose of allowing L. A. Ventures Terminal, Ltd, to secure a temporary and permanent loan for improvements.

WHEREAS, the Airport Manager and the Airport Advisory Committee finds that said Subordination, Non-Disturbance, and Attornment Agreement is in the best interest of the Airport and recommends that the City Council approve the proposed agreement; and

WHEREAS, the City Council of the City of Laredo having heard the recommendations of the Airport Manager and of the Airport Advisory Committee agrees with same.


Section 1: The City Manager be and is hereby authorized to execute a Subordination, Non-Disturbance, and Attornment Agreement between the City of Laredo, International Bank of Commerce, and L. A. Ventures Terminal, Ltd., a copy of which is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.

Section 2: This Ordinance shall become effective upon passage hereof.

Subordination, Non-Disturbance, and Attornment Agreement between the City of Laredo, International Bank of Commerce, and L. A. Ventures Terminal, Ltd. Tract 6 & 7

PASSED BY THE CITY COUNCIL AND APROVED BY THE MAYOR ON THIS THE DAY OF ,2010.

RAUL G. SALrNAS MAYOR




Page 2 of 2

This Subordination, Non-Disturbance and Attornment Agreement (herein called this Agreement) dated as of , 2010, is between the City of Laredo, a municipal corporation, Webb County, Texas ("'LESSOR"), L. A. Ventures Terminal, LTD., a Texas Limited Partnership, ("LESSEE"), and International Bank of Commerce, ("LENDER).

RECITALS

LESSOR and LESSEE have entered into a Lease (hereinafter defined) for a term of forty (40) years at the rental and upon and subject to the other terms and provisions in the Lease, provided that LESSOR and LENDER execute this Agreement; and

LESSOR, by execution of this Agreement consents to LESSEE entering into the Mortgage (hereinafter defined) with LENDER and consents to LESSEE encumbering its leasehold interest in the amount stated; and

LENDER will loan to LESSEE funds which are or are to be evidenced by a promissory note (the "Note") in the principal amount of TWO MILLION AND N01100THS DOLLARS ($2,000,000.00) and bearing interest at the rate as therein provided, which is to be secured by a first lien Deed of Trust in favor of LENDER (the "Mortgage") against a leasehold estate covering the property (the "Property" or "Leased Premises") described as follows:

The Lease covers land described in the Lease as follows:

The premises situated on the Laredo International Airport, Laredo, County of Webb, Texas, being an approximate 3.135 acres (1 36,560.60 square feet) constituting Tract 6 of Block 1 and approximately 3.135 acres (136,560 square feet) constituting Tract 7 of Block 1 record in subdivision plat of the Laredo International Airport Terminal Subdivision at the Laredo International Airport, plat records of Webb County, Texas.

WITNESSETH:

LESSOR, LESSEE and LENDER for and in consideration of these present and of the mutual covenants herein contained, agree as follows:

ARTICLE 1. DEFINITIONS

The following terms shall have the meanings hereinafter specified, unless the context otherwise requires:

Foreclosure Proceedings shall mean the foreclosure by any means provided for in the Mortgage and or Note or at law or in equity, including, without limitation, the taking of possession of the property pursuant to the Mortgage or the execution by LESSEE of a Deed in Lieu of Foreclosure.

Lease shall mean the lease between LESSOR and LESSEE covering here in above described property that was executed as of April 19, 2010 and approved by Ordinance No. 2010-0-041 as evidence by Memorandum of Lease recorded in Volume

Page of the Real Property Records of Webb County, Texas.

Lender shall include, after any assignment of the Note and Mortgage, the then holder of the Note and Mortgage.

ARTICLE 2. SUBORDINATION

A. LESSOR agrees that the Lease (and any lien that LESSOR has or may have, either statutory, constitutional or contractural) is and shall continue to be subject and subordinate to the Mortgage and to all extensions, renewals and amendments of the Mortgage, provided that any such extensions, renewals or amendments shall not have the effect of any of the following:

1. increasing the principal then owed the Lender on the Note and Mortgage; and/or 2. changing any term or provision of the Note or the Mortgage so as to make either

of them inconsistent or in conflict with the terms and provisions of this Agreement, except with LESSOR'S consent which shall not be unreasonably withheld.

ARTICLE 3. FORECLOSURE AND THE LEASE

A. Foreclosure Proceedings shall not terminate the Lease. In the event LENDER takes possession of the property and / or succeeds to the ownership of the Lease and the leasehold estate represented thereby pursuant to any Foreclosure Proceeding (including a foreclosure sale), LESSOR agrees to attorn to LENDER and, in the event of any foreclosure sale conducted pursuant to any Foreclosure Proceedings, LESSOR agrees to attorn to the purchaser (the "Purchaser") at such foreclosure sale. As hereinafter used in this agreement "Purchaser" means any Purchaser at a foreclosure sale other than LENDER.

B. The terms and provisions of the Lease shall be in full force and effect with respect to obligations of LESSEE which accrued or derived from a state of facts or conditions which occurred or existed prior to the date of completion of any Foreclosure Proceedings. Neither LENDER nor Purchaser shall have any liability for such obligations.

C. The provisions of the Lease shall not be in force and effect to relieve LESSEE of its obligations to perform or observe the terms and provisions of the Lease:

1. from and after the commencement of any Foreclosure Proceedings, and so long as any Foreclosure Proceedings is conducted with diligence and good faith by LENDER; and

2. at such time as LENDER or any Purchaser other than a person or entity controlled by or under common control with LESSOR (which terms "controlled by" or "under common control with", as used with respect to any person or entity shall mean the possession, directly 'or indirectly, of the power to direct or cause the direction of the management and policies of such person or entity, whether through the ownership of voting securities or by contract or otherwise) shall become the owner of the Leasehold estate pursuant to any Foreclosure Proceedings.

D. The provisions of Article 3 of this Agreement shall not constitute a waiver by or release of the LESSEE to account for LESSEE'S obligations under the Lease or to account for SUBLESSEE'S obligations under any sublease. In the event of a Foreclosure Proceeding, any SUBLESSEE shall not be relieved of its obligations under any sublease nor shall LESSEE be relieved of its obligations under the Lease.

E. The Lease shall continue in full force and effect, and the Lease shall not be terminated, cut off or otherwise disturbed by Foreclosure Proceedings except in accordance with terms and provisions of the Lease. In the event of Foreclosure Proceedings, LENDER shall not name LESSOR as a defendant so as to terminate or disturb the Lease or to obtain a judgement against LESSOR in any Foreclosure Proceedings. Any sale conducted pursuant to any Foreclosure Proceedings shall be expressly subjcct to the Lease, and any Purchaser shall asstune all duties and obligations of LESSEE under the Lease arising subsequent to Foreclosure Proceedings; provided, however, that as set out in Section 6.03 of the Lease, Lender shall not become liable to LESSOR under the Lease unless LENDER expressly assumes such liability by written instrument. Lender may however cure any defaults under the Lease to continue same in full force and effect.

F. LESSOR and LESSEE shall not modify or terminate the Lease without the written consent of LENDER; and LENDER shall not be bound by any agreement amending or terminating the Lease entered into by and between LESSEE and LESSOR without LENDER'S prior written consent, which consent shall not be withheld unreasonably.

G. Should LENDER succeed to the ownership of the Lease and the leasehold estate represented thereby pursuant to a Foreclosure Proceeding, LENDER shall thereafter have the right to sublease all or part of the Leased Premises at any time and from time to time, without LESSOR'S consent; or to assign or sell all or part of the Lease (an "Agreement") with LESSOR'S prior written consent which consent shall not be withheld unreasonably. In the event of an Assignment of the Lease, LENDER shall give LESSOR written notice of such proposed Assignment, and LESSOR shall have 30 days from the date of mailing of such notice in which to notify LENDER, in writing, that it accepts or rejects such

proposed Assignment. In the event LESSOR fails to reject such Assignment in writing within such 30 day period, such failure shall to reject shall be considered an approval by LESSOR. Further, in the event LENDER sells or assigns the Lease to some other person or entity, and if LENDER has prior thereto assumed liability under the Lease or if LENDER is so liable for any other reason, LENDER shall nevertheless be relieved by such Assignment of all liability for performance of all of the covenants contained in the Lease to be performed by LESSEE. Should LENDER so assign or sell the Lease, LENDER'S assignee shall attorn to LESSOR as lessee under the Lease and assume all obligations of LESSEE under the Lease; and LENDER'S assignee shall be entitled to the non-disturbance provisions binding LESSOR as provided in this Agreement. No assumption of liability by LENER shall be inferred from the provisions of this paragraph, and LENDER shall not become liable to LESSOR under the Lease except as provided in Section 6.03 of the Lcase.

H. Notwithstanding anything contained in this Agreement or the Lease or the contrary, if the interest of LESSEE in and to the Lease and the leasehold estate represented thereby are acquired by LENDER pursuant to any Foreclosure Proceedings, LENDER may at any time cancel and terminate the Lease by written notice to LESSOR. Such cancellation by LENDER shall operate to release LENDER from all liability (if any) that LENDER may have under the Lease from and after the date of such cancellation.

ARTICLE 4. INSURANCE

A. Notwithstanding anything contrary contained in the Mortgage or Lease, LESSEE'S insurance carried pursuant to Section 5.02 of the Lease shall:

1. name LENDER as a "Mortgage Loss Payee as its interest may appear at time of loss"; and

2. name LESSOR as "Additional Insured"; and 3. be approved by both LESSOR and LENDER.

B. During the first twenty (20) years of the term of the Lease and if there is a Mortgage then in effect encumbering the Lease, insurance proceeds from the policy or policies of insurance maintained by LESSEE pursuant to Section 5.02 of the Lease shall be applied as follows:

1. Within fifteen (15) days of receipt by LENDER of any insurance proceeds, LENDER shall do one of the following and advise LESSEE and LESSOR in writing of its decision.

a. Deposit the total proceeds in an escrow account with LENDER to be used to pay the cost of the repair, replacement or rebuilding of the improvements pursuant to Section 5.04 of the Lease and Article 4.B (2) below; or

b. Apply the insurance proceeds to the indebtedness secured by LENDOR'S Mortgage. If there are any excess proceeds after the application to the indebtedness, the excess shall be transferred to LESSOR to be applied according to Section 5.04 of the Lease.

2. If LENDER decides to allow the insurance proceeds to be used to pay the cost of repair, replacement or rebuilding of the improvements, LESSOR and LESSEE shall deposit in the escrow account with LENDER any insurance proceeds provided to LESSOR under the insurance policy or policies as "Additional Insured", and such proceeds together with LENDERS proceeds shall be used to pay for the repair, replacement or rebuilding of the improvements. LESSEE shall be responsible for obtaining any additional funds necessary to complete the repair, replacement or rebuilding of the improvcinents if funds in additional to the available insurance proceeds are required. Such additional funds shall be obtained and deposited in the escrow account by LESSEE within sixty (60) days after the date the escrow account is established. When all of the funds required to complete a full repair, replacement or have been deposited in the escrow account, such funds (less the cost, fees, and expenses incurred by L,ENDER as escrow agent or by LESSOR and LESSEE in collection of the insurance proceeds, including, without limitation, adjuster's fees and expenses) shall be disbursed by LENDER as escrow agent to LESSEE or as LESSEE may direct from time to time to pay (or reimburse LESSEE for) the cost of repairing, replacing or rebuilding the improvements as follows:

a. No insurance proceeds shall be disbursed unless there is adequate funding to complete full rcpair replacement or rebuilding of the improvements; and

b. At all times LESSEE shall be responsible for depositing adequate funding into the escrow account if additional funds are necessary to complete a full repair, replacement and restoration of the improvements; and

c. No insurance proceeds shall be disbursed unless a written request for such disbursement is received by LENDER as escrow agent from LESSEE accompanied by evidence satisfactory to LESSOR and LENDER that the amount requested has been paid or is then due and payable and is properly a part of such cost, that there are no mechanics or similar liens for labor or materials and that the balance of the funds in the escrow account after making the payments requested will be sufficient to pay the balance of the cost of repairing, replacing or rebuilding the improvements; and

d. LENDER, LESSOR and LESSEE must all approve, by signing, any amount paid from the escrow account and such approval shall not unreasonably be withheld; and

e. If LESSEE becomes in default for a reason other than failure to rebuild under the Lease or the Mortgage, the net insurance proceeds shall first be used to

cure the default under the Lease and then under the Mortgage, and the balance as herein provided; and

f. Upon receipt by LESSOR and LENDER of evidence satisfactory to that the repair, replacement or rebuilding of the improvements have been completed and the cost paid in full and that there are no mechanics' or similar liens resulting therefrom, funds remaining in the escrow account, if any, shall be first applied to the indebtedness secured by the Mortgage, and the balance, if any, shall be paid to LESSEE by LENDER as escrow agent,

3. At any point, when the indebtedness secured by LENDER'S Mortgage is paid in full either from LENDER'S application of insurance proceeds or from LESSEE paying the note in full, LENDER shall deliver to 1,ESSOR and LESSEE a written release of the Subordination, Non-Disturbance and Attornment Agreement.

4. If LENDER decides to apply the insurance proceeds to the indebtedness secured by LENDER'S Mortgage and said proceeds are insufficient to pay the indebtedness in full, the remaining debt on the Note and Mortgage shall remain and LESSOR and LESSEE shall repair, restore or build the improvements according to Section 5.03of the lease.

C. It is agreed by all parties that LENDER'S interest in the insurance proceeds is as a "Mortgagee Loss Payee as its interest may appear" and is a declining interest determined by the indebtedness on the Note and Mortgage, and LESSOR'S interest in the insurance proceeds as an "Additional Insured" is an increasing interest as LESSEE pays on the Note and Mortgage. At no point shall LENDER be entitled to more insurance proceeds than the amount of LESSEE'S indebtedness on the Note and Mortgage as it exists from time to time.

LENDER agrees to deliver to LESSOR copies of any notice of default under the Note or Mortgage or notice of any fact or event which, if not cured, would constitute a default under the Note or Mortgage. Notice of default under the Note or Mortgage shall not be deemed to be effective against LESSOR unless and until a copy of such notice shall have been mailed to LESSOR. LENDER agrees to provide twenty-one (21) days advance written notice of any foreclosure sale during which time LESSOR may exercise its option (but not the obligation) to cure such default and/or purchase the mortgage. Notwithstanding anything in the Lease to the contrary, if LESSOR exercises its option to purchase the Mortgage and Note, LESSOR shall pay, in addition to all unpaid principal and accrued interest on the Note, all cost and expenses incuned by LENDER in connection with the Note and Mortgage, including without limitation, costs incurred in preserving LENDER'S collateral and first lien position, and costs incuned in collecting or enforcing the Note and/or Mortgage, including reasonable attorney's fees.

ARTICLE 6. NOTICE OF DEFAULT UNDER LEASE

A. LESSOR agrees that it will give LENDER in writing all notice which LESSOR gives or serves on LESSEE under and pursuant to the terms and provisions of the Lease, as provided in Section 6.01 of the Lease, including without limitation, any notices of default given under Section 7.03 of the Lease.

B. LESSOR agrees that LENDER shall have the right to do any act or thing required of LESSEE to prevent termination of the Lease, as provided in Section 6.02 of the Lease.

C. In the event that LENDER shall pay any sums to cure LESSEE'S default of any of the provisions of the Lease, LESSEE does hereby agree to promptly reimburse such sum to LENDER upon demand, together with interest thereon from payment by LENDER, such interest to accrue at the maximum rate allowed by applicable law. Failure on the part of LESSEE to so promptly reimburse LENDER shall be a default on the part of LESSEE under the Notc, thereby allowing LENDER to exercise all rights given to LENDER under the Note in the event of LESSEE'S default thereunder.

ARTICLE 7. REPRESENTATION AND WARRANTIES OF LESSOR AND LESSEE

A. LESSOR and LESSEE warrant and represent to LENDER:

1. That the Lease has not been amended or modified in any manner, except as it may have been amended by this Agreement, and is in full force and effect.

2. That the Lease, as may be amended in this Agreement, represents the entire agreement between the parties as to such leasing, and there are no side letters or other arrangements between the LESSOR and LESSEE with respect to the Lease.

3. That the use of the Lease Premises, as contemplated in the Lease, will not violate any applicable law, regulation, or ordinance of the United States, the State of Texas, or the City of Laredo, or other lawful authority having jurisdiction over the Leased Premises nor will it violate any conditions or restrictions contained in any instrument of record affecting the Property.

4. That neither LESSOR nor LESSEE is in default in any respect under any of the provisions of the Lease.

5. That the commencement date of the term of the Lease was April 19,2010 and the term of the Lease will expire on November 30, 2050 unless sooner terminated as provided in the Lease.

6. That LESSEE is in possession of the Leased Premises and that both LESSOR and LESSEE have complied fully and completely with all of their respective covenants, warranties and other undertakings and obligations under the Lease to this date.

7. LESSOR agrees that LESSEE may sublease at any time and from time to time all or a portion of the Leased Premises without LESSOR'S consent.

ARTICLE 8. SEVERABILITY

If any provision of this Agreement or the application thereof to any person, entity or circumstance, to any extent, shall be invalid or unenforceable, the remainder of this Agreement and the application of such provision to any person, entity or circumstance other than that as which is held invalid or unenforceable, as the case may be, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

ARTICLE 9. NOTICES

All notices, reports and other cominunications required or permitted to be given hereunder shall be in writing and shall be mailed by certified or registered mail, postage prepaid (or if mail service shall be unavailable as the result of strike or other cause beyond the control of the party required to provide such notice, by air or surface parcel delivery service), addressed as follows:

IF TO LESSOR: Laredo International Airport Office of the Airport Manager

52 10 Bob Bullock Loop Laredo, Texas 78041

IF TO LESSEE: L. A. Ventures Terminal, LTD. Attention: Humberto Garza Dominguez 2824 E. Bustamante ST Suite C Laredo, Texas 78041

IF TO LENDER: International Bank of Commerce Attention: Wilfredo Martinez, Jr.

1200 San Bernardo Avenue Laredo, Texas 78040

Any notice by certified or registered mail shall be deemed to have been given on the date of certification or registration thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the date submitted to the carrier for delivery. Any party may change its address for the receipt of notice at any time by giving notice thereof of the others as herein provided.

ARTICLE 10. BANKRUPTCY

If the Lease is rejected in a bankruptcy proceeding, LENDER, LESSOR and LESSEE agree as follows:

A. LESSOR and LESSEE will immediately notify LENDER of the rejection of the Lease.

B. LENDER will then have the right (but not the obligation), exercisable within thirty (30) days of the date of such notice of rejection, to attorn to LESSOR as LENDER'S landlord under the Lease in writing. In such event, LESSOR agrees that the Lease shall not be terminated or disturbed, except in accordance with the terms of the Lease. Thereafter, LENDER shall be bound to LESSOR and LESSOR shall be bound to LENDER under all of the terms and conditions of the Lease for the balance of the term thereof with the same force and effect as if LENDER were the original lessee under the Lease, without the necessity of the execution of any instruments. LENDER shall not have any liability for any defaults of LESSEE prior to the date of LENDER'S attornment.

C. Notwithstanding the foregoing, LENDER and LESSOR agree that after such attornment by LENDER, LENDER may:

I . Assign the Lease with LESSOR'S prior written consent (which consent will not be unreasonably withheld), as provided in Article 3, Paragraph G hereoc or at any time from time to time sublease all or part of the Leased Premises without LESSOR'S consent. In the event of an assignment of the Lease, LENDER shall be relieved of all liability for performance of a11 covenants contained in the Lease to be performed by the LESSEE, provided that LENDER'S assignee shall attorn to LESSOR under the Lease and assume all liability and obligations under the Lease. Such assignee shall then be entitled to the non-disturbance provision binding Landlord as provided in this Agreement, and the Lease shall continue in full force and effect between LESSOR and the assignee.

2. At any time cancel and terminate the Lease by written notice to Landlord, in which event LENDER and LESSOR shall not have any further liability under the Lease one to the other from the date of such cancellation.

ARTICLE 11. MISCELLANEOUS

A. The rights and obligations hereunder shall be binding upon and shall inure to the parties hereto and their respective personal representative and successors and assigns. This Agreement shall be governed by the laws of Texas. The headings of the Articles are for convenience only and shall not be used to construe or interpret the scope of intent of this Agreement.

B. LESSEE and LENDER agree and understand that, LESSEE cannot encumber its leasehold beyond twenty (20) years from the date the Lease is executed. LENDER and LESSEE, by execution hereof recognize this limitation and agree to be bound by the terms hereof.

C. LESSOR agrees that the Lease is not subject to the approval of the FAA.

D. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created by this Agreement are performable in Webb County, Texas.

E. Proper venue shall be in Webb County, Texas.

F. LESSEE, by execution hereof, authorizes LENDER to disclose any information required by the terms hereof to be disclosed to LESSOR with respect to LESSEE, the Note and the Mortgage.

G. To extend the provisions of this Agreement are inconsistent with the terms of the Lease, the provisions of this Agreement shall prevail.

ARTICLE 12. AGREEMENT

This Agreement consists of Recitals, Article 1 through Article 12. It constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written instrument duly executed by the LESSEE, LESSOR, and LENDER.

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement of the day and year first above written.

LESSOR: CITY OF LAREDO, a Municipal Corporation

BY: Carlos Villarreal, City Manager

ATTEST:




LESSEE: L.A. VENTURES TERMINAL, LTD., a Texas Limited Partnership

BY: Humberto Garza Dominguez, President General Partner for LESSEE

STATE OF TEXAS )(

COUNTY OF WEBB )(

This instrument was acknowledged before me on the day of , 201 0, by Humberto Garza Dominguez, President of L.A. Ventures Terminal, LTD, as General Partner of L. A. Ventures Terminal TX, Inc.


LENDER: INTERNATIONAL BANK OF COMMERCE

BY: Wilfredo Martinez, Jr., Senior Vice President

STATE OF TEXAS )(

COUNTY OF WEBB )(

This instrument was acknowledged before me on the day of , 201 0, by Wilfredo Martinez, Jr., Senior Vice President, of INTERNATIONAL BANK OF COMMERCE.



DATE 06/07/2010

SUBmCT: EUESOLUTION NO. 2010-R- 043 AUTHORIZING THE PURCHASE OF THE SURFACE ONLY OF 8.55 ACRES OF LAND FROM TEXAS COMMUNITY BANK, N.A. AS DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT FOR THE PURPOSE OF PROVIDING MUNICIPAL IMPROVEMENTS IN NORTH LAREDO. THE PURCHASE OF THIS TRACT IN THE AMOUNT OF $500,000.00 PLUS APPLICABLE CLOSING COSTS IS MADE POSSIBLE THROUGH FUNDING FROM 2008 CERTIFICATE OF OBLIGATION BONDS.

INITIATE BY: Cynthia Collazo Deputy City Manager

STAFF SOURCE: Ronnie Acosta, Community Development Director Riazul Mia, Environmental Services Director

PREVIOUS COUNCIL ACTION: None.

BACKGROUND:

Staff was requested to negotiate to acquire an 8.55 acre tract from Texas Community Bank N.A. to provide municipal improvements in north Laredo to include drainage, roadway and park development.

This 8.55 acre area is being purchased for $500,000.00 plus applicable closing costs as negotiated with the property owners.

The state certified appraised value of this property was recently established at $640,000.00.

FINANCIAL IMPACT:

Funding for this purchase is available in the 2008 CO Account No. 263-9822-535-9591

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

mSOLUTHON NO. 2010-R-043

AUTHORIZING THE PURCHASE OF THE SURFACE ONLY OF 8.55 ACRES OF LAND FROM TEXAS COMMUNITY BANK, N.A., AS DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT FOR T I E PURPOSE OF PROVIDING MUNICIPAL IMPROVEMENTS IN NORTH LAREDO. THE PURCHASE OF THIS TRACT IN THE AMOUNT OF $500,000.00 PLUS APPLICABLE CLOSING COSTS IS MADE POSSIBLE THROUGH FUNDING FROM 2008 CERTIFICATE OF OBLIGATION BONDS.

WHEREAS, pursuant to the acquisition of this 8.55 acre parcel for municipal improvements, staff entered into negotiations with the owner; and

WI-IEREAS, in the course of negotiations, the parties agreed that the City will purchase the parcel of 8.55 acres for $500,000.00; and

WHEREAS, staff recommends that this transaction be approved by the City Council.

NOW, THEREFORE, BE IT RESO1,VED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

Section 1 : It approves of the purchase of the 8.55 acre tract from Texas Community Bank, N.A. as described by metes and bounds in the attached Exhibit for the purchase price of $500,000.00 plus applicable closing costs to provide for municipal improvements for the City of Laredo.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS DAY OF JUNE, 20 10.


ATTEST:



By: Nathan R. Bratton Assistant City Attorney

YMCO TRADING II CO.,INC. 8.54 AC. TRACT W - 4

vOL 1249 PAGES 760-769

Authorizing the City Manager to submit a grant application in the amount of $142,603.00 to the Office of Justice Programs, Bureau 01 Justice Assistance for funding the 2010 JAG or Justice Assistance Grant for the period of October 01, 2010 through September 30, 2014. This funding will be used for equipment and supplies for police operations. The Bureau of Justice Assistance mandates that this granl be divided equally between the City of Laredo and Webb County.


I INITIATED BY: STAFF SOURCE: Cynthia Collazo Carlos Maldonado Deputy City Manager Chief of Police PREVIOUS COUNCIL ACTION: NIA

BATE:

ACTION PROPOSED:

That City Council approves this Resolution

SUBJECT: Resolution #2010-8-045

BACKGROUND:

The Edward Byrne Memorial Justice Assistance Grant Program allows states and loca governments to support a broad range of activities to prevent and control crime and tc improve the criminal justice system. JAG replaces the Byrne Formula and Local Lavl Enforcement Block Grant (LLEBG) programs with a single funding mechanism that will simplif) the administration process for grantees.

FINANCIAL: Fund W229

2010 JAG Grant: *$142,603 *No local match

RECOMMENDATION: STAFF: Recommends that Council approve this resolution.

RESOLUTION #%040-R-045

Authorizing the City Manager to submit a grant application in the amount of $"32,603.0%) to the Office of Justice Programs, Bureau of Justice Assistance for funding the 2010 JAG or Justice Assistance Grant for the period sf October 01, 2046 through September 30, 2014. This funding will be used for equipment and supplies for police operations. The Bureau of Justice Assistance mandates that this grant be divided equally beween the City of Lareds and Webb County.

Whereas, the Office of Justice Programs, Justice Assistance Grant Program, mandates that this grant be divided equally between the City of Laredo and Webb County; and

Whereas, the City Man,ager is authorized to apply for, accept, reject, alter or terminate this grant on behalf of the City of Laredo; and

Whereas, this grant will pay for equipment and supplies for police operations; and

Whereas, the City of Laredo has agreed that in the event of loss or misuse of the Office of Justice Programs funds, the City of Laredo assures that the funds will be returned to the Office of Justice Programs, Bureau of Justice Assistance in full; and

NOW, THEREFORE, BE 1"l"RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

Sectism 1: It authorizes the City Manager to apply for a grant in the amount of $142,603.00 awarded by the Office of Justice Programs, Bureau of Justice Assistance. The grant is 100% funded and will not require a cash match. This funding will be used for equipment and supplies for police operations for the period of October 1, 201 0 through September 30, 2014. The Bureau of Justice Assistance mandates that this grant be divided equally between the City of Laredo and Webb County.

Section 2: It authorizes the City Manager to execute all necessary forms and documents to obtain said grant and to effectuate its terms.


RAUL SALINAS MAYOR

ATTEST:



RAUL CASSO CITY ATTORNEY


Bid Summary - ?4 Ton Extended Cab Truck, Long Bed

DATE: 06/07 I20 10

Bidder Qty Unit Price Total Caldwell Country Ford 4 $20,237.00 $80,948.00 Caldwell, TX Sames Motor Co 4 $21,082.00 $84,328.00 Bid is within 5% of the lowest bid Laredo, TX Westway Ford 4 $21,290.00 $85,160.00 Irving, TX Sam's Pack Five Ford 4 $21,358.00 $85,432.00 Canolton, TX

SUBJECT: =SOLUTION 2010-R-047 A PIESOLUTION OF THE CITY OF LAflEDO, TEXAS DETERMINING THAT SAMES MOTOR CO., A LOCAL BIDDER PROVIDES THE BEST COMBINATION OF CONTmCT PRlCE AND ADDITIONAL ECONOMIC DEVELOPMENT OPPPORTUNITIES IN ACCOmANCE WITH SECTION 271.90511(b)(2) OF THE TEXAS LOCAL GOVElRNMENT CODE FOR THE PURCHASE OF FOUR TRUCKS IN THE TOTAL AMOUNT OF $84,328.00 (BID FY10-052).

FINANCIAL IMPACT: Funding is available from 2007 contractual obligation bond proceeds (2007 PPFCO).

2007 PPFCO 462-98 10-535-9004

INITIATED BY: Jesus Olivares, Assistant City Manager

STAFF SOURCE: Rogelio Rivera, P.E., City Engineer John Orfilia, Public Works Division Manager Francisco Meza, Purchasing Agent

PRT,VIOUS COUNCIL ACTION: None.

BACKGROUND: The City received four bids for the purchase of four trucks for the Public Works division. The low bidder for the purchase of these trucks is Caldwell Country Chevrolet, whose corporate office is located in Caldwell, TX. Sames Motor Co. is a local company and whose bid is within 5% of the lowest bid and the City Council may choose to award this contract to the local bidder.

COMMITTEE RECOMMENDATION: STAFF RECOWEMENDATION: That this resolution is approved.

mSOLUTION NO. 2010-R-047

A R1ESOLUTION OF THE CITY OF LAmDO, TEXAS DETERIWINING THAT SAMES MOTOR CO., A LOCAL BIDDER PROVIDES THE BEST COMBINATION OF CONTRACT BRICE AND ADDITIONAL ECONOMIC DEVELOPMENT OPPORTUNITIES IN ACCORDANCE WITH SECTION 241.9051(b)(2) OF THE TEXAS LOCAL GOVEmMENT CODE FOR THE PURCHASE OF FOUR TRUCKS IN THE TOTAL AMOUNT OF $84,328.00 (BID FY10-052).

WHEREAS, $271.9051 of the Texas Local Government Code allows for an award to a bidder whose principal place of business is in the municipality if the governing body of the municipality, in writing, determines that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality; and

WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of four trucks in accordance with the procedures of state law and local ordinances; and

WHEREAS, the City has determined that Sames Motor Co., a local bidder whose principle place of business is in the City of Laredo, Texas; and

WHEREAS, the City has determined that Sames Motor Co. bid prices are within the allowed 5% of the lowest bidder; and

WHEREAS, the City Council has determined that Sames Motor Co. offers the best combination of contract price and additional economic development opportunities for the purchase of these four trucks in accordance with Section 27 1.0905 1 (b) (2).

NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF LAREDO TEXAS THAT:

Section 1. A determination has been made that Sames Motor Co. offers the best combination of contract price and additional economic development opportunities for the city by the service contract award, including the employment of residents of the city and increased tax revenues to the city.

Section 2. The bid award for the purchase of four trucks from Sames Motor Co., is hereby approved.

Section 3. This Resolution shall become effective immediately upon its passage and adoption.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LAREDO, TEXAS ON THIS THE DAY OF ,2010.

RAUL 6. SALINAS MAYOR

ATTEST:

GUSTAVO GUEVARA, JR. CITY SECmTARY

APPROVED AS TO FORWI:

RAUL CASSO CITY ATTORWEY

BY: KRISTINA LAUREL WALE ASSISTANT CITY ATTORNEY


Authorizing the City Manager to execute an interlocal agreement between the City of baredo and baredo Housing Authority for the installation of a playground module not to exceed $9,025.57. The playground module will be located on Circle Drive at Davis Avenue. Funding available through 2007 6.0. - District 8 Discretionary funds.

DATE:

I

INITIATED BY: I STAFF SOURCE:

SUBJECT: RESOLUTION NO. 2010-W-048

None

Jesus Olivares Assistant City Manager

BACKGROUND:

Osbaldo Guzman, Parks & Leisure Service Department

The Laredo Housing Authority is the owner of approximate .49 acre tract of land which . I6 acres is available for a neighborhood park. The land available for the playground module is located on Circle Drive at Davis Avenue.

PREVIOUS COUNCIL ACTION:

The City will be responsible for the maintenances of the park in a total amount not to exceed $9,025.57. The City of Laredo and Laredo Housing Authority mutually determined that the installation of the playground module will improve the quality of life for the residents near Circle Drive.

FINANCIAL IMPACT:

Funding available through 2007 C.O. - District 8 Discretionary Fund. 462-9822-535-51 65


N /A Staff recommends approval.

RESOLUTION NO. 201 0-R-848

AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT B E W E E N THE CITY OF LAREDO AND LAREDO HOUSING AUTH0RIS-Y FOR TH INSTALLATION OF A PLAYGROUND MODULE NOT' TO EXCEED $9,025. PLAYGROUND MODULE WILL BE LOCAEED ON CIRCLE DRIVE AT DAVIS FUNDING AVAILABLE THROUGH 2007 C.O. - DISTRICT 8 DISCRETIONARY FUND.

WHEREAS, the Housing Authority is the owner of an approximate .49 acre tract of land from near Circle Drive from which .16 acres are available for a neighborhood park; and

WHEREAS, the City is willing to provide a playground module for the Circle Drive Park in an amount not to exceed $9,025.57 to establish a neighborhood and community focal point that will provide a long term benefit to our children and the community as a whole.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TEE CITY OF LAREDO THAT:

Section 1 : The City of Laredo agrees to use .16 acres of land from the Laredo Housing Authority for the purpose of installing a playground module.

Section 2: The City of Laredo and Laredo Housing Authority agree that the installation of a playground module will improve the quality of life to the residents near Circle Drive.

PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2010.

Raul G. Salinas Mayor

ATTEST:

GUSTAVO GUEVARA, JR., CITY SECRETARY



ASSISTANT CITY ATTORNEY

THE STATE OF TEXAS 5 §

COUNTY OF WEBB 8

INTFEmOCAE COOPEIRATPON AGWEEMENT BETWEEN

THE CITY OF LAWEDO AND

THE EARED0 HOUSING AUTHOPUTY

THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into on this day of 2010, by and between the City of Laredo, a

municipal corporation of the State of Texas (hereinafter "City"), acting by and through its governing body, and the Laredo Housing Authority, a political subdivision existing under the laws of the State of Texas (hereinafter "Housing Authority").

WITNESSETH

WHEREAS, this Interlocal Cooperation Agreement is made under the authority granted by and pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, and as otherwise provided herein, relative to the joint authorization by City and Housing Authority to provide services to benefit the citizens of the Laredo; and

WHEREAS, the joint cooperation and shared use of existing public facilities allows for a more efficient use of land and community resources; and

WHEREAS, in the interest of providing the best services with the least possible expenditure of public funds to its citizens, cooperation between the City and Housing Authority is necessary and desirable; and

WHEREAS, the Housing Authority is the owner of an approximate .49 acre tract of land from near Circle Drive from which .I6 acres are available for a neighborhood park; and

WHEREAS, the City and the Housing Authority have mutually determined that the installation of a playground module at this park will improve the quality of life for the residents near the Circle Drive area; and

WHEREAS, the City is willing to provide a playground module for the Circle Drive Park in an amount not to exceed $9,025.57 to establish a neighborhood and community focal point that will provide a long term benefit to our children and the community as a whole; and

WHEREAS, the City finds that approval of the terms and conditions of this Agreement with Housing Authority is in the best interests of the City.

NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereto agree as follows:

1

ARTICLE I. lRECITALS

The City shall provide playground improvements in a total amount not exceed $9,025.57 to the land situated on Circle Drive at Davis Avenue in Laredo, Webb County, Texas. An aerial is hereby incorporated as Exhibit A.

It is agreed that the plans, specifications and standards for the placement of all equipment, facilities and improvements upon said premises (whether permanent or temporary), and the type, design and construction thereof, shall be solely within the discretion of the City, in accordance with its standard const~uction practices.

The cost of maintaining and rehrbishing the improved areas shall be borne by the City, although Housing Authority agrees to preserve such areas in good condition. It is the responsibility of the Housing Authority to consult with the City as necessary to address equipment or maintenance issues that may arise.

ARTICLE 11. EFFECTIVE BATE

The terms of this Agreement shall take effect immediately upon adoption by the City Council and execution by each party's duly authorized representative.

ARTICLE III. TErnINATIOIV

Either party may terminate this Agreement as to any or all facilities upon giving to the other party twelve (12) months advance written notice of intention to terminate. In the event that termination deprives the non-terminating party of use of a joint facility or improvement, the party no longer having access shall be reimbursed upon demand its share of the depreciated value of any permanent improvements. Depreciated value shall be determined by reducing capital cost by 5% per year after the completion of construction or other method mutually agreed to by the parties.

ARTICLE IV. ASSUMPTION OF RISK

Housing Authority agrees to assume all risks and liability to itself, its agents or employees and shall be responsible to fully defend, indemnify and hold the City harmless &om and against any and all claims arising from or related to the City's actions or the use by any third parties of the forgoing park improvements if such claims are caused solely by the act or acts of supervision, negligence or failure to exercise proper precautions of and by the City's agents or employees. The Housing Authority agrees to provide the City with written notice of any claim subject to this provision within ten (10) days of its receipt of notice that a claim exists. The

parties agree to cooperate fully in the defense of such claim. Notice of claim shall be deemed to be given on the date of mailing thereof by U.S Mail, First Class Delivery.

ARTICLE V. INDEMNIFICATION

THE LAPPED0 HOUSING AUTHONTY SHALL INDEMNIm, MOLD HAMLESS, A4VD DEFEND THE CITY, OFFICERS, OFFICIALS AGENTS, EMPLOYEES, AND VOLUNTEERS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, LIABILITIES, LOSSES, COSTS AND EXPENSES FOR THE LOSS OR DAMAGE TO PROPERTY OR INJURY OR DEATH OF ANY PERSON BY REASON OF OR AMSING FROM THE USE OF THE IMPROVEMENTS OR BY REASON OF OR ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION OF THE CITY BY ITS OFFICERS, OFFICIALS AGENTS, EMPLOYEES, AND VOLUNTEERS IN THE PERFORMANCE OF THIS AGREEMENT.

ARTICLE VI. INSURANCE

The City and Housing Authority shall purchase and maintain for the duration of this Agreement Commercial General Liability insurance in an amount of not less than $2,000,000 per occurrence limit and not less than $2,000,000 general aggregate policy limit. The owner agency shall be named as an additional insured on the user agency's Commercial General Liability insurance policy. Each agency's Commercial General Liability insurance shall include coverage for participant liability. A certificate of insurance evidencing the required insurance shall be hmished to the other agency upon request. Failure to request or furnish the certificate of insurance to the other party does not negate the obligation by either party to possess the requisite insurance coverage as provided herein. The insurance certificate shall give a thirty (30)-day notice of cancellation.

ARTICLE VII. RELATIONSHIP OF PARTIES

This Agreement is not intended to create, nor should it be construed as creating, a partnership, association, joint venture or trust.

ARTICLE VIII. NOTICE

Any notice required or permitted to be delivered hereunder shall be deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, or by hand-delivery or facsimile transmission addressed to the respective party at the address set forth below the signature of the party.

ARTICLE IX. ENTIRE AGRIEEMENT

This Agreement incorporates all the agreements, covenants, and understanding between the parties hereto concerning the subject matter hereof, and all such covenants, agreements, and understandings have been merged into this written Agreement. No other prior agreement or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless signed by both parties and attached hereto andlor embodied herein.

ARTICLE X. CAPTIONS

The captions and section designations herein set forth are for convenience only and shall have no substantive meaning.

ARTICLE XI. JURTSDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and shall be enforced in Webb County, Texas.

ARTICLE XII. RULE OF CONSTRUCTION

The parties hereto acknowledge that each party and its legal counsel have reviewed and revised this agreement, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this agreement or any amendments or exhibits hereto.

ARTICLE XIII. SEVERABILITY

In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement.

ARTICLE XIV. WAIVER

The failure on the part of any party to exercise or to delay in exercising, and no course of dealing with respect to any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein are cumulative and not exclusive of any remedies provided by law or in equity, except as expressly set forth herein.

ARTICLE xv. IMMUNITY

The City and Housing Authority do not waive or relinquish any immunity or defense on behalf of themselves, their trustees, commissioners, offices, employees and agents as a result of the execution of this Agreement and performance of the functions and obligations described herein.

ARTICLE XVI. AUTHORITY

Each undersigned participant represents that it is eligible to coiltract with the other pursuant to the Interlocal Cooperation Act, Texas Government Code Chapter 791, as amended (Act), and that it possesses adequate legal authority to enter into this Agreement on behalf of the governing body or political subdivision.

This contract was hereby approved by the Laredo City Council on the day of ,2010.

For: CITY OF LAREDO:

BY: Carlos Villarreal City Manager 1 1 10 Houston Laredo, Texas 78040 Date: ,2010

ATTEST:

Gustavo Guevara, Jr City Secretary


Raul Casso City Attom

For: LAREDO HOUSING AUTHORITY:

BY:

Executive Director

Laredo, Texas 78040 Date: ,2010

Assistant City Attomey

"

COUNCI L COM~IUN ICATION

CIH' MAl'iA m :1I TO IW<.: IIKASI: 1'111: 'I T~XAS PHAIIHU· .... TOF ~'TATI: IIf..ALTII

.11 1'11 1: SOlTfll Tf~'(,\s pF.Vt:WrMUiT

III V;M;;;'~:N WIIIT E PIIOG~I WItr<.:11 MI:OI CA L CAKE, <':ASY. MMi AGEMI:I'ff, A~IJ

: <':.0.11 1: ~Ol<. 1'I1t: n :lt.\I r~I<. I O]) BEG INNING "PI<.II. I JI . 201l.

; lin, liOCil. S,...,. Zapota, itnd W<bb C""""ie>.

I; ; t • ( 0.<; cooe ~_ ""oto! """: h<>m< health oar.:, ~-

prof"";",,,,] care, """iolizOO car<, <hnbI< roodicoI eqwF"""": I>ospic< .,...., h<>m<.t-d modi< .. iom, """,to! health tf>enpyl"""""li!li' OIltriliooal serv;"'s: rdJ>,l>ilital;oo em:, ~ ....... '",>tm<nll_I;'Ij!, ornd

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... vices: ,~;.>." <>Iher """"'" Krvi<c>; and • J"""""", '"i''''''''''' OMi""""" i, pro..;.w to eligiOk indi,idwl" wi,h IIIV d;"'" in otdcr to ""';""';0 """;""ily of l>ooI'W&nuJ i~, 01 ...,..;," mo>,Iiclll l><oofi .. ur.<lcf • l>ooItWd<nt>1 ;"'=-~_ l~ ... ~ fund< ""'Y b< =l t<>< paymnd nf i""""""« pmni.,.,., dodUCliOko. C(>-; ...... ""'" payme"", ond ",loted admin;.u.,i", oo,,~

HIVIRyan White Program - FY 2009- 10 226-6020 HERW03

AUTHOMZING THE CITY MANAGER TO DECmASE THE CONTRACT WITH THE TEXAS DEPmTMENT OF STATE HEALTH SERVICES THROUGH THE SOUTH TEXAS DEVELOPMENT COUNCIL BY WDUCING FUNDS IN THE AMOUNT OF $6,261.00, FOR A TOTAL AWARD OF $413,189.00, FOR THE CONTINUATION OF THE DEPARTNIENT'S HIVIPPUAN WHITE PROGRAM WHICH PROVIDES MEDICAL CARE, CASE MANAGEMENT, AND SUPPORTIVE CARE FOR THE TERM PERIOD BEGINNING APRIL 1,2010 THROUGH MARCH 31,2011.

WHEREAS, the Texas Department of State Health Services through the administrative agency, South Texas Development Council (STDC) continues to contract with the City of Laredo to provide public health services to residents of Laredo and Webb County through the City of Laredo Health Department; and

WHEREAS, the HIV Ryan White Part B-HIV Services Program plans, develops and delivers comprehensive outpatient health and support services to meet the identified needs of individuals and families with AIDS or HIV disease in the Wealth Service Delivery Area: Jim Hogg, Starr, Zapata, and Webb Counties, and services to be provided may include, but are not limited to: 1. Ambulatory/outpatient medical care; case management; dental care; home health care; para- professional care; professional care; specialized care; durable medical equipment; hospice care, home-based and residential; medications; mental health tl~erapy/counseling; nutritional services; rehabilitation care; substance abuse treatmentlcounseling; and 2. Support services; adoptionlfoster care assistance; buddylcompanion services; client advocacy; counseling; day and respite care; food bankkome delivered meals; housing assistancekousing related services; transportation; other support services, and 3. Insurance assistance; assistance is provided to eligible individuals with HIV disease in order to maintain continuity of healthldental insurance; or receive medical benefits under a healthldental insu~rance program. Insurance assistance funds may be used for payment of insurance premiums, deductibles, co-insurance paymeilts, and related administrative costs.


Section 1: Authorizing the City Manager to decrease the contract with the Texas Department of State Health Services through the South Texas Development Council for the Health Department HIVIRyan White Program, by reducing funds in the amount of $6,261 -00 for the term period from April 1,201 0 through March 3 1,20 1 1.

Section 2: The revenue line item 226-0000-323-405 1 is hereby decreased by $6,261.00. Revenue account 226-0000-372-1 000 is hereby increased by $6,261.00.

Section 3: Expenditure division 226-6020 with Project No. HERWO3 is hereby decreased by $6,261.00. Expenditure division 226-6801-544-9900 is hereby increased by $6,261 .OO.

Section 4: The City Manager is hereby authorized to make transfers within the budget as allowable under the General Provisions as set forth by the South Texas Development Council to meet the necessary costs to accomplish the scope of work for the project.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR

ON THIS DAY OF ,2010.


ATTEST:


APPROVED AS TO FORPVI: Ralul Casso, City Attorney

NATHAN BRATTON ASSISTANT CITY ATTORNEY

SOUTH TEXAS DEVELOPMENT COUNCIL RYAN WHITE $I$ CONTMCT

This contract number (Contract) is entered into by the Department of State Health Services (DSHS) designated Administrative Agency known as the South Texas Development Council and hereinafter referred to (STDC) and City of Earedo Health Department hereinafter referred to (CLHD) or Subcontractor/Performing Agency.

1. Purpose of the Contract. STDC agrees to purchase, and Subcontractor agrees to provide services or goods to the eligible population as described in the Program Attachments.

2. Total Amount of the Contract 2nd Payment Method(§). The total amount of this Contract is $413,189.00, and the payment methods(s) shall be as specified in the Program Attachments.

3. Funding Obligation. This Contract is contingent upon the continued availability of DSHS funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, STDC may restrict, reduce, or terminate funding under this Contract.

4. Term of the Contract. This Contract begins on 04/01/2010 and ends on 03/31/2011. STDC has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. STDC is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later.

5. Authority. STDC enters into this Contract under the authority of Health and Safety Code, Chapter 100 1.

6. Documents Forming Contract. The Contract consists of the following attachments: I. Contracting Parties (signature page) 11. Core Contract (this document) 111. General Provisions (sub-recipient) IV. Special Contract Provisions - Program Attachment No. 1

Program Attachment No. 2 V. Performance Measures/Work Plan VI. Table 1 : Service Priorities, Allocations and Objectives VII. Categorical Budget VIII. Financial Status Report 269-A, 269A Supplement - Services Category

Expenditure Report (SCER), and Ryan White SD Support Voucher Form IX. HIV Services Quarterly Report Format

FY 20 10 RYAN WHITE SD CONTRACTNO. 019-1-10 (1 1)

X. Certification Regarding Lobbying

Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by STDC and Subcontractor and incorporated herein.

7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Subcontractor's response to the Solicitation Document, if any.

8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Subcontractor or goods received under this Contract,

Name: City of Laredo Health Department Address: 2600 Cedar Avenue

Laredo, Texas 78042

Vendor Identification Number: 174-600 1573202 1

9. Entire Agreement. The parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract.

By signing the signature page of the Ryan White SD Contract, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons who signatures appear below have the requisite authority to executive this Contract on behalf of the named party.

FY 2010 RYAN WHITE SD CONTRACT NO. 01 9-1 -10 ( 1 1)

City of Laredo Health Department certifies that it has authority to perform the services contracted for by authority granted in Local Government Code, Title 12, Subtitle C, Section 391.005. The provision of this contract shall be interpreted in accordance with Texas Law. Venue for any court disputes shall be in Webb County, Texas

RECEIVING AGENCY: South Texas Development Council

PERFORMING AGENCY: City of Laredo Health Depal-tinent

Amando Garza, Jr. Name:

Executive Director Title:

A p r i l 28, 2010

Date:

Signature:

Name:

Title:

Date:

FY 20 10 RYAN WHITE SD CONTRACT NO. 01 9-1 -1 0 ( 1 1 )


DATE: 06/07/1 0

I

PREVIOUS COUNCIL ACTION: On July 21, 2008, City Council authorized the purchase of Municipal Water Rights at $2,250.00 per acre foot.

SUBJECT: RESOLUTION 2011 0-R-058 Authorizing the City Manager to sign a water rights agreement, beween the City of Laredo and RobeP-$ Muller, LTD., in which the City is agreeing to purchase the right to divert and use 300 NF per annum of Class "'A" irrigation water rights to the W i s Grande River which aRer conversion from irrigation r ighb to municipal use rights amounh to 50 NF of municipal use rights per annum at $2,250.00 NF far a purchase price of $1132,500.00 and further authorizing the Ci%y Manager to sign and file necessary applications(%) with the Texas Commission on Environmenhl Quality on behalf of the CiQy requesting that said water r ighb be severed from Certificate of Adjudication NQ. 23-2713E of the seller and combined with Cedificate of adjudication no. 23-3997 as amended of the City and that the point of diversion, purpose and place of use of said water rights be changed as required by the City. Funding is available in the water availability fund, account number 5574"10-535-9102.

I

BACKGROUND: The City needs to acquire water rights in order to keep up with the City's growth and water demand. The City currently owns 52,526 acre feet of Municipal water rights plus 2,000 acre feet from Presidio Valley Farms.

INITIAEED BY: Jesus C)livares, Asst. City Manager

The City of Laredo will hire Mr. Glenn Jarvis, who specializes in water rights sales agreements, to do the proper examination on the documentation and compliance with the procedures set by the Texas Commission on Environmenbl Quality.

STAFF SOURCE: Tomas M. Rodriguez, Jr. P.E., Utilities Director

FINANCIAL IMPACT: Payment will come from the Water Availabiliv fund, account number 557-4190-535-9102.

COMMITTEE RECOMMENDATION: Finance and Operations CommiHee

STAFF RECOMMENDATION: Approval of this resolution

RESOLUTION 2010 - R-

AUTI-IORIZING THE CITY MANAGER TO SIGN A WATER RIGHTS SALES AGREEMENT, ATTACHED HLRETO AS EXHIBIT' A; BETWEEN TI-IE CITY OF LAREDO AND ROBERT i\/lULT,EK, LfD., 1s 'Ct'HICW THE CITY TS AGREEING TO PURCT-IASE ',THE KIGIiT TO DIVERT AND USE 100 ACRE FEET PER A.lNKUkS OF CLASS "A" IRRIGATION ViATER RIGHTS TO THE RIO GRAND=: RIVER T;iiHICW AFTER CONVERSTOX FRO24 IXXGATION RIGXTS TO bIUNICIPd USE RIGHTS AMOUNTS TO 50 ACRE FEET OF MUNICIPAL USE RIGHTS PER A W U M AT $2,250.00 PER AC./FT., FOR A PURCEIASE PRICE OF $112,500.00; AND FURTHER AUTHORIZING THE CITY MANAGER TO SIGN AND FILE NECESSARY APPLICATION(S) WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ON BEHALF OF THE CITY REQUESTING THAT SAID WATER RIGHTS BE SEVERED FROM CERTIFICATE OF AD3UDICATION NO. 23-2713E OF ?'FIE SELLER AND COMBWED WITH CERTIFICATE OF ADJUDICATION NO. 23-3997, AS AMENDED, OF THE CITY AND THAT THE POINT OF DIVERSION, PURPOSE AND PLACE OF USE OF SAID WATER RIGHTS BE CHANGED AS REQUIRED BY THE CITY. FUNDING IS AVAILABLE IN THE WATER AVAILABILITY FUND.

WHEREAS, the City is in need of additional water rights to the Rio Grande to meet the City's water requirements; and '

WHEREAS, the City Council finds that the purchase and acquisition of these water rights is in the best interest of the City.

WOW, THEREFORE, BE IT RESOLVED, that the City of Laredo City Council does hereby authorize the city manager to sign the Water Rights Sales Agreement, attached hereto as Exhibit A, between the City of Laredo and Robert Muller, Ltd., in which the City is agreeing to purchase the right ts divert and use 100 acre feet per arsun cf class "'A," in-' ... :g&:tior, priority use water r i ~ h t s ~ to the Rie Grande River which after conversion from irrigation rights to municipal use rights amounts to 50 acre feet of municipal use rights per annum at $2,250.00 per ac./fi., for a purchase price of $1 12,500.00; and further authorizing the city manager to sign and file necessary application(s) with the Texas Commission on Environmental Quality on behalf of the City requesting that said water rights be severed from Certificate of Adjudication No. 23-271 3E of the seller and combined with Certificate of Adjudication No. 23-3997, as amended, of the City and that the point of diversion, purpose and place of use of said water rights be changed as required by the City.

PASSED AND APPROVED THIS DAY OF ,2010.

ATTEST:

Raul G. Salinas, hlayor


By: Gustavo Guevara City Secretary

Valeria M. Acevedo Asst. City Attorney

COUNCIL COMMUNBCAflOBahf

SUBJECT: RESQLUTlON 20g 0-R-051 Authorizing the City Manager to sign a water rights agreement, beween the City of baredo and Cameron County lrrigatiore Dist. No.2, in which the City is agreeing to purchase the right to divert and use 2000 NF per annum of Industrial use water r ighb to the Rio Grande River at $2,250.00 NF for a purchase price of $4,500,000.00 and f u ~ h e r authorizing the City Manager to sign and file necessapy applications(s) with the Texas Commission on Environmenhl Quality on behalf of the City requesting that said water rights be severed from Certificate of Adjudication No. 23- 841 of the seller and combined with Ceeificate of adjudication no. 23- 3997 as amended of the City and that the point of diversion, purpose and place of use of said water rights be changed as required by the City. Funding is available in the water availability fund, account number 557- 41 90-535-91 82.

I

PREVIOUS COUNCIL ACTION: On July 21, 2008, City Council authorized the purchase of Municipal Water Rights at $2,250.00 per acre foot.

I

BACKGROUND: The City needs to acquire water rights in order to keep up with the City's groMh and water demand. The City currently owns 52,526 acre feet of Municipal water rights plus 2,000 acre feet from Presidio Valley Farms.

INITIATED BY: Jesus Olivares, Asst. City Manager

The City of Laredo will hire Mr. Glenn Jawis, who specializes in water rights sales agreements, to do the proper examination on the documentation and compliance with the procedures set by the Texas Commission on Environmenbl Quality.

STAFF SOURCE: Tornas M. Rodriguez, Jr. P.E., Utilities Director

FINANCIAL IMPACT: Payment will come from the Water Availability fund, account number 557-4190-535-9102.

COMMITTEE RECOMMENDATION: Finance and Operations Committee

STAFF RECOMMENDATION: Approval of this resolution

RESOLUTION 2010-

AUTHORIZING THE CITY MANAGER TO SIGN A WATER RIGHTS SALES AGREEMENT, ATTACHED HERETO AS EXHIBIT A, BETWEEN THE CITY OF LAREDO AND CAMERON COUNTY IRFUGATION DISTRICT NO. 2 IN WI-IICH THE CITY IS AGREEING TO PURCHASE THE RIGHT TO DIVERT AND USE 2000 ACRE FEET PER ANNUM OF INDUSTRIAL USE WATER RIGHTS TO THE RIO GRANDE RTVER AT $2,250.00 PER AC./FT., FOR A PURCHASE PRICE OF $4,500,000.00; AND FURTHER AUTHORIZING THE CITY MANAGER TO SIGN AND FILE NECESSARY APPLICATION(S) WITH THE TEXAS CObIMISSION ON ENVIRONMENTAL QUALITY ON BEHALF OF THE CITY REQUESTING THAT SAID WATER RIGHTS BE SEVERED FROM CERTIFICATE OF ADJUDICATION NO. 23-841 OF THE SELLER AND COMBINED WITH CERTIFICATE OF ADJUDICATION NO. 23-3997, AS AMENDED, OF THE CITY AND THAT THE POINT OF DIVERSION, PURPOSE AND PLACE OF USE OF SAID WATER RIGHTS BE CHANGED AS REQUIRED BY THE CITY. FUNDING IS AVAILABLE IN THE WATER AVAILABILITY FUND.

WHEREAS, the City is in need of additional water rights to the Rio Grande to meet the City's water requirements; and

WHEREAS, the City Council finds that the purchase and acquisition of these water rights is in the best interest of the City.

NOW, THEREFORE, BE IT RESOLVED, that the City of Laredo City Council does hereby authorize the city manager to sign the Water Rights Sales Agreement, attached hereto as Exhibit A, between the City of Laredo and Cameron Cour~ty Irrigation District No. 2 in which the City is agreeing to purchase the right to divert and use 2000 acre feet per annum of industrial use water rights to the Rio Grande River at $2,250.00 per ac./ft., for a purchase price of $4,500,000.00; and further authorizing the city manager to sign and file necessary application(s) with the Texas commission on Environmental Quality on behalf of the City requesting that said water rights be severed from Certificate of Adjudication No. 23-841 of the seller and combined with Certificate of Adjudication No. 23-3997, as amended, of the City and that the point of diversion, purpose and place of use of said water rights be changed as required by the City.

PASSED AND APPROVED THIS DAY OF ,2010.

ATTEST:

Gustavo Guevara City Secretary

Raul G. Salinas, Mayor


By: Valeria M. Acevedo Asst. City Attorney


DATE: 06/7/20 1 0

SUBJECT: RESOLUTION 2010-R-052

Authorizing the City Manager to accept the Universal Service Program grant (E- rate) from the Scl~ools & Libraries Division / Universal Services Administrative Company / FCC in the total amount of $41 1,137.39 for Round 12. This amount plus the City's 13% match of $61,434.3 1 and $14,43 1 .OO for ineligible items were budgeted for in the FY09-10 budget.

INITIATED BY: STAFF SOURCE: Carlos Villai~eal, City Manager Osbaldo Guzman, Parks and Leisure Director


PREVIOUS COUNCIL ACTION: On December 6,2004 City Council authorized the City Manager to submit the grant.

Round 8 - On February 7,2005 City Council awarded contracts contingent on the grant allocation: I. Avnet Enterprise Solutions (now doing business as CALENCE) 2. Time Warner / Road Runner Busiliess Class 3. Southwestern Bell Telephone Company (now doing business as AT&T) 011 Septeiliber 19,2005 City Council autllorized the City Manager to transfer $85,000.00 in matching funds from City of Laredo - Public Library FY 04-05 budget to the Friends of the Library account. On May 15, 2006 City Coulicil authorized the City Manager to accept the grant in the amount of $566,170.00 with the City designating $83,424.00 from the Friends of the Library Fund ($69,976.00 in required matching funds and $13,448.00 to cover non-funded needed items) for a total of $649,594.00, to amend Friends of the Library fund and extending the coiltract previously awasded to CALENCE to September 30,2006.

Round 9 * On March 19, 2007 City Council authorized the City Manager to accept the grant in the amount of

$1 17,532.00 with the City designating $1 1,647.00 in matching funds from the general fund. Matching funds were transferred to the Friends of the Library Fund and appropriated. AT&T and CALENCE contracts were extended to July 7,2008.

Round 10 e On September 4, 2007 City Council authorized the City Manager to transfer $20,861.00 from the City of

Laredo - Public Library Fiscal Year 2006-2007 budget to the Friends of the Library Account. This amount included the required City's match of $15,010.00 plus $5,85 1 .OO for ineligible or non-funded needed items.

Round 11 s On March 10, 2008 City Council ratified an extension to the contract previously awarded to CALENCE

through July 7,2009. Extension was needed in order to apply for the 11'" round. On September 2, 2008 City Council authorized the City Manager to transfer $24,518.00 from the City of Laredo - Public Library Fiscal Year 2007-2008 budget to the Friends of the Library Account. This amount included the required City's match of $17,419.93 plus $7,098.00 for ineligible or non-funded needed items.


BACKGROUND: The Universal Service Program is administered by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC). This not-for-profit corporation was appointed by the Federal Communications Commission (FCC) to ensure that the benefits of telecommunications sewices reach students and communities across the country. E-Rate is a Federally subsidize program allowing nonprofit schools & libraries to ceceive substantial discounts for communication and internet access. This grant provides discounts of 80-90% on costs related to hardware communication devises, as well as, actual communication expenses. It also requires a maximum 10 - 13% match based on school lunch program (poverty level) and the school district in which each library facility resides.

The Library received an 89% discount in Rounds 8 & 9, thus an 11% match was required. The City's match for Round 8 was from the Library's FY 04-05 operating budget line items and from FY 04-05 salary savings for vacant positions. The City's match for Round 9 was from the Library's FY06-07 operating budget. Amount was transferred to the Friends of the Library account. The City's match for Round 10 was 89% for phone and Internet services and 87% for maintenance of equipment, thus an 11% and 13% match was required respectively. The City's match for Round 10 was transferred to the Friends of the Library account froin the Library's FY 06-07 operating budget.

Funding years or Rounds run between July and June. Total funding for Round 11 was not completely awasded until December of the following funding year, 2009 (six months late). While awaiting funding confirmation the City received discount billing for Internet fiom Time Warner Cable. A credit for Telecommunication Services is pending from AT & T and a Billed Entity Applicant Reimbursement (BEAR) form will be submitted for reimbursement for Internal Connections Maintenance from CALENCE. Expected reimbursement is approximately $546.

Total funding for Round 12 was awarded on March 16'20 10.

FINANCIAL:

Grant Award $41 1,137.29 City

Match of 1 3 % $ 61,434.31 Ineligibles $ 14,431.00

Total

LaECOMMENDATION: The Library Advisory Committee will consider item at its June 2010 meeting.

STAFF: Recommends that Council approve this resolution.

RESOLUTION 2010-R-052

AUTHONZING THE CITY MANAGER TO ACCEPT THE UNIVERSAL SERVICE PROGRAM GRANT (E-RATE) FROM THE SCHOOLS & LIBRARIES DIVISION I UNIVERSAL SERVICES ADMINISTWTIVE COMPANY 1 FCC IN THE TOTAL AMOUNT OF $411,134.39 FOR ROUND 12. THIS AMOUNT PLUS THE CITY'S 13% MATCH OF $61,434.31 AND $14,431.00 FOR INELIGIBLE ITEMS WERE BUDGETED FOR IN THE FY09-10 BUDGET.

WHEREAS, City Council seeks to insure that the latest in telecommunications and Internet access technology are make available to the citizens of the City of Laredo; and

WHEREAS, The Laredo Public Library has received the Universal Service Program grant from the Schools & Libraries Division / Universal Services Administrative Company / Federal Communications Commission in the amount of $41 1,139.39 for multi-year E-Rate discounts and communication and technology infrastructure enhancements; and

WHEREAS, 13% in matching funds are required and are available in the FY09- 10 budget; and

WHEREAS, application for this grant is required on an annual basis,


1. The City Manager be authorized to accept the grant.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR

ON THIS BAY OF JUNE 2010.


ATTEST:

GUSTAVO GUEVARA, JR. CITY SECRETAIZY



BY: KRISTINA HALE ASSISTANT CITY ATTORNEY

COUNCIL CO ICATION

BACKGROUND: Eight (8) firms responded to the request for qualifications on ~riday, June 15,2007, at 4:00 P.M., as follows:

DATE:

06/07/ 10

Guerra Engineering & Surveying Company, Laredo, Texas CEI Engineering Associates, Inc., Dallas, Texas Civil Engineering Consultants Don Durden, Inc., San Antonio, Texas Porras Engineering Company, Laredo, Texas Chiang, Patel & Yerby, Inc., San Antonio, Texas, in association with Ecological Communication Corporation, Premier Civil Engineering and Arias & Associates, Inc. Arcadis, Laredo, Texas Structural Engineering Associates, Inc., San Antonio, Texas, in association with Premier Civil Engineering, Laredo, Texas, Carter and Burgess, Inc., Laredo, Texas, and Raba Kistner Consultants, Inc., Sart Antonio, Texas Lockwood Andrews & Newman, Inc., Dallas, Texas

SUBJ-ECT: MOTION Consideration for approval of selection of consultant Structural Engineering Associates, Inc., San Antonio, Texas, in association with Premier Civil Engineering, Laredo, Texas, Carter and Burgess, Inc., Laredo, Texas, and Raba-Kistner Consultants, Inc., Sail Antonio, Texas, and approval to award a professional services contract for an amount not to exceed $1,262,897.98 for the design and preparation of plans and specifications for the Arkansas Avenue Grade Separation. Design work is to be done on a fast track basis approximately nine hundred thirteen (913) calendar days. Funding is available in the Capital Grants Fund and the 2007 C.O. Bond.

Scope of services include, but are not limited to:

This project involves the environmental assessment surveying, design, plans and specifications, right of way acquisition and construction of the Arkansas Road Railroad Grade Separation, with construction phase oversight services of the overpass.

ZNITIATED BY: Carlos Villarreal, City Manager

The Staff Committee composed of several City Departments evaluated the submittals and based on the City's standard selection criteria (capability to perform, professional background, quality of projects, etc.) Structural Engineering Associates, Inc., San Antonio, Texas, in association with Premier Civil Engineering, Carter and Burgess, Inc., and Raba-Kistner Consultants, Inc., is recommended.

STAFF SOUFtCE: Rogelio Rivera, P.E., City Engineer

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FINANCIAL IMPACT: Funding is available in the Capital Grants Fund and the 2007 C.O. Bond. Account No. 458-2662-525-4279 - $1,250,000.00 Account No. 462-9853-535-9523 - $12,897.98

COMMITTEE RECOMMENDATION: Approved by the Operations Committee on Tuesday, June I , 20 10, and by the Finance Committee on Tuesday, June 2,2010.

STAFF RECOMMENDATION: Approval of Motion.

A/E fee breakdown is as follows:

...................................................................... "Route and design studies $1 18. 12 1.2 1 "Environmental document. public involvement & historic structure ...................... $206.088.17

(include other director expense for public meeting) ............................................................................... "Right-of-way data $ 71.066.03

"General management. coordination. QAIQC for advanced planning .................... $97.572.93 ...................................................................................... "Field survey $41.477.33

....................................................................... "Roadway design controls $ 52. 86 1.94 "Drainage ............................................................................................ $34.539.58

........................................................ "Signing. pavement marking and signals $30.870.72 *Miscellaneous .................................................................................... $223.552.20 *General management. coordination. QA/QC for PS&E & R.O.W. Development ....... $123.878.29 * ...................................................................................... Brrdge design $2 17.732.58

.................................................................................... *Direct expense $ 45.137.00 ....................................................................................... Total All3 Fee $1.262.897.98

Design work is to be done on a fast track basis approximately nine hundred thirteen (913) calendar days .

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SCOPE SUMMARY AND PROJECT LIMITS

ARKANSAS AVENUE GRADE SEPARATION

Project Name: Owner: Owner Contact: Project Description:

Limits: Project Length: CSJ: County: Project No.: TxDOT Area Office: Federal Funding:

Arkansas Avenue Grade Separation City of Laredo, 11 10 Houston Street, Laredo, Texas 78040 Rogelio Rivera, P.E., City Engineer, Gabriel Martinez (956-791-7346) On Arkansas Avenue, convert two lane city street, with at-grade railroad crossing (TexMexIKCS) to two lane grade separation and access road. From Market Street to Corpus Christi Street Approximate 0.32 miles 0922-33-099 Webb STf' ( ) Laredo Yes, partial via TxDOT / Federal Funds

The City of Laredo (CITY) has identified the need for a Grade Separation Structure at the Arkansas Avenue to replace the existing TexMexJKCS Railroad at-grade crossing. This grade separation project shall meet current CITY, TxDOT and FHWA design standards as well as provide essential elements to improve the overall operation, circulation, and safety for the project area. Under this contract Structural Engineering Associates, Inc. (The Consultant Engineer) is to perform professional engineering services for the City of Laredo. The following major phases of project development will be included in this contract:

Phase I -Advanced Project Development Service, Schematic Design and Environmental Clearance. Phase II - PS&E Phase Service and Right of Way Service.

Construction Phase Service is not included with this scope of services and will be added through a supplemental agreement.

Since Federal funding is involved in this project, the development of this project will follow applicable TxDOT design Manuals and Guidelines.

During the initial phase of work for this project, the Engineer will provide three alternatives for this Grade Separation project. Alternatives will include a roadway overpass, underpass and a no-build option. Bridge overpass and underpass options will involve evaluation of different potential alignments. Once these alternatives and their associated issues are evaluated and appropriate construction times and costs are developed, the Engineer will present these findings, along with a recommendation for proceeding with a specific alternative, to the CITY for review, comments and alternative ratification. Upon receipt of the CITY'S decision of the preferred alternative, Environmental clearance, Railroad Exhibit "A", Railroad coordination as well as Preliminary Bridge Layout can commence simultaneously. Right Of Way acquisition can

1 Arkansas Avenue Grade Separation : Scope Summary and Project Limits

proceed after the approval of environmental clearance. It is recommended that the geotechnical investigation and PS&E phase service proceed once the environmental document is substantially complete.

The basic scope and fee included in this contract is based on the assumption of an Overpass option on Arkansas Avenue over an existing rail road line.

Any SUE work required for the project as part of the utility coordination will be added through a supplemental work authorization.

Signal plans associated with the railroad are not included with this scope of services.

Arkansas Avenue Grade Separation : Scope Summary and Project Limits

WAS Used Contract No. CSJ 0922-33-099

THE CITY OF LAREDO 5

COUNTY OF WEBB

CONTWCWOR ENGINEERING SERVICES Lump Sum

Specific Deliverable Contract with Work Authorizations

THIS CONT RACT FOR ENGINEERING SERVICES is made by and between the Citv of Laredo, 11 10, Houston Street, Laredo, Texas 78040 hereinafter called "City," and Structural Engineerinq Associates, Inc , having its principal business address at 3838 N.W. Loop 410, San Antonio, Texas 78229, hereinafter called "Engineer," for the purpose of contracting for engineering services.

W I T N E S S E T H

WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act," provides for the procurement of engineering services; and

WHEREAS, 43 Texas Administrative Code $9.30 et seq. establishes the Texas Department of Transportation's policies and procedures for contracting for engineering services; and,

WHEREAS, the City desires to contract for engineering services generally described as the preparation of Advanced Desiqn Phase; Plans, Specifications and Estimates (PS&E); Riaht of Way Services for Arkansas Avenue Grade Separation (CSJ: 0922-33-099) From Market Street to Corpus Christi Street; and.

WHEREAS, the City has selected the Engineer to provide the needed services and the Engineer has agreed to provide the services subject to the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the City and the Engineer do hereby mutually agree as follows.

A G R E E M E N T

ARTICLE I. SCOPE OF SERVICES. The City and the Engineer will furnish items and perform those services for fulfillment of the contract as identified in Attachment 8, Services to be Provided by the City and Attachment C, Services to be Provided by the Engineer. All services provided by the Engineer will conform to standard engineering practices and applicable rules and regulations of the Texas Engineering Practices Act and the rules of the Texas Board of Professional Engineers.

ARTICLE 2. CONTRACT PERIOD. This contract becomes effective when fully executed by all parties hereto, and it shall terminate at the close of business on December 31, 2012 unless the contract period is: (1) modified by a written supplemental agreement prior to the date of termination as set forth in Attachment A, General Provisions Article 6, Supplemental Agreements; (2) extended due to a work suspension as provided for in Attachment A, Article 3, Paragraph C; or (3) otherwise terminated in accordance with Attachment A, General Provisions, Article 15, Termination. Any work performed or cost incurred before or after the contract period shall be ineligible for reimbursement.

ARTICLE 3. COMPENSATION. A. Maximum Amount Payable. The maximum amount payable under this contract without

modification is shown in Attachment E, Fee Schedule. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party.

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B. Basis o f Payment. The basis of payment is identified in Attachment E, Fee Schedule. Reimbursement of costs shall be made in accordance with Attachment E, Fee Schedule.

C. Reimbursement of Eligible Costs. To be eligible for reimbursement, the Engineer's costs must (1) be incurred in accordance with the terms of a valid work authorization; (2) be in accordance with Attachment E, Fee Schedule; and (3) comply with cost principles set forth at 48 CFR Part 31, Federal Acquisition Regulation (FAR 31). Satisfactory progress of work shall be maintained as a condition of payment.

D. Engineer Payment of Subproviders. No later than ten (1 0) days after receiving payment from the City, the Engineer shall pay all subproviders for work performed under a subcontract authorized hereunder. The City may withhold all payments that have o r may become due if the Engineer fails to comply with the ten-day payment requirement. The City may also suspend the work under this contract or any work authorization until subproviders are paid. This requirement also applies to all lower tier subproviders, and this provision must b e incorporated into all subcontracts.

ARTICLE 4. PAYMENT REQUIREMENTS A. Monthly Bill ing Statements. The Engineer shall request reimbursement of costs incurred by submitting the original and one copy of an itemized billing statement in a form acceptable to the City. The Engineer is authorized to submit requests for reimbursement no more frequently than monthly and no later than ninety (90) days after costs are incurred.

8. Bill ing Statement. The billing statement shall show the work authorization number for each work authorization included in the billing, the total amount earned to the date of submission, and the amount due and payable as of the date of the current billing statement for each work authorization. The billing statement shall indicate if the work has been completed or if the billing is for partial completion of the work. The fixed fee will be paid in proportion to the percentage of work authorization.

C. Overhead Rates. The Engineer shall use the provisional overhead rate indicated in Attachment E. If a periodic escalation of the provisional overhead rate is specified in Attachment E, the effective date of the revised provisional overhead rate must be included. For lump sum contracts, the overhead rate remains unchanged for the entire contract period.

D. Thirty Day Payments. Upon receipt of a billing statement that complies with all invoice requirements set forth in this Article, the City shall make a good faith effort to pay the amount that is due and payable within (30) thirty days.

E. Withholding Payments. The City reserves the right to withhold payment of the Engineer's billing statement in the event of any of the following: (1) if a dispute over the work or cost thereof is not resolved within a thirty day period; (2) pending verification of satisfactory work performed; (3) the Engineer becomes a delinquent obligor as set forth in Section 231.006 of the Family Code; (4) required reports are not received; or (5) the State Comptroller of Public Accounts will not issue a warrant to the Engineer. In any event that payment is withheld, the City shall notify the Engineer and give a remedy that would allow the City to release the payment.

F. Required Reports. (1) As required in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements, the Engineer shall submit Progress Assessment Reports to report actual payments made to Disadvantaged Business Enterprises or Historically Underutilized Businesses. One copy shall be submitted with each billing statement and one copy shall be submitted to the address included in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements.

Engineering-Engineering-SpecDelwWA.doc Page 2 of 4 Rev. 4-23-201 0


(2) Prior to contract closeout, the Engineer shall submit a Final Report (Exhibit H-4) to the address set forth in Attachment H.

(3) The Engineer shall submit a separate report with each billing statement showing the percent of the work accomplished during the billing period and the percent completion to date, and any additional written report requested by the City to document the progress of the work.

G. Subproviders and Suppliers List. Pursuant to requirements of 43 Texas Administrative Code 59.50 et seq., the Engineer must provide the State a list (Exhibit H-SJDBE or Exhibit H-GIHUB) of all subproviders and suppliers that submitted quotes or proposals for subcontracts. This list shall include subproviders and suppliers names, addresses, telephone numbers, and type of work desired.

H. Debt to the State. If the State Comptroller of Public Accounts is prohibited from issuing a warrant or initiating an electronic funds transfer to the Engineer because of a debt owed to the State, the State shall apply all payment due the Engineer to the debt or delinquent tax until the debt or delinquent tax is paid in full.

I . Audit. The City auditor may conduct an audit or investigation of any entity receiving funds from the City directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the City 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 City auditor with access to any information the City auditor considers relevant to the investigation or audit.

ARTICLE 5. WORK AUTHORIZATIONS. The City will issue work authorizations using the form included in Attachment D (Work Authorization and Supplemental Work Authorizations) to authorize all work under this contract. The Engineer must sign and return a work authorization within seven (7) working days after receipt. Refusal to accept a work authorization may be grounds for termination of the contract. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to work not directly associated with or prior to the execution of a work authorization. Terms and conditions governing the use of work authorizations are set forth in Attachment A, General Provisions, Article 1.

ARTICLE 6. SIGNATORY WARBANVY. The undersigned signatory for the Engineer hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this contract and that he or she has full and complete authority to enter into this contract on behalf of the firm. These representations and warranties are made for the purpose of inducing the City to enter into this contract.

ARTICLE 7. NOTICES. All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses:

Structural Engineering Associates, Inc I City of Laredo I Engineer:

/ Attn: Jesse S. Covarrubias. Principal 1 Attn. Carlos Villarreal. City Manager

City:

( 3838 NW Loop 410 ( 1 1 10 Houston Street

All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise

San Antonio, Texas 78229

Engineering-Engineering-SpecDeIwWA.doc Page 3 of 4 Rev. 4-23-201 0

Laredo, Texas 78040


provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party.

ARTICLE 8. INCORPORATION OF PROVISIONS. Attachments A through H are attached hereto and incorporated into this contract as if fully set forth herein.

IN WITNESS WHEREOF, the City and the Engineer have executed this contract in duplicate.

THE ENGINEER THE CITY OF LAWEBO

(Signature) Jesse S. Covarrubias

(Printed Name) (Printed Name) Principal (Title) (Title) Mav 7,2010 (Date) (Date)

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Aeaehments and Exhibits to Contract for Engineering Services Attached and Incorporated into the Contract by Reference

Attachments A 8

"Bite General Provisions Services to Be Provided bv the Citv

C D E F

Services to Be Provided b; the ~nbineer Work Authorization and Supplemental Work Authorization Fee Schedule Work Schedule

G H- FG

Computer Graphics Files for Document and Information Exchange, if applicable Disadvantaged Business Enterprise (DBE) for Federal Funded Professional or Technical Services Contracts - See Attachment H Instructions

Exhi bits H - I

Engineering-Engineering -SpecDelwWA.doc

Title Subprovider Monitoring System Commitment Worksheet

H - 2 H - 3 H - 4 H - 5

Page 1 of 1

Subprovider Monitoring System Commitment Agreement Monthly Progress Assessment Report Subprovider Monitoring System Final Report Federal Subproviders and Supplier Information


ATTACHMENT A

GENERab PROVISIONS

INDEX TO PROVISIONS

--

Engineering-Engineering_SpecDelwWA.doc Page 1 of I

35

Attachment A -Index

Requirements Debarment Certifications

DATE:

06/07/10

SUBJIECT: IVIO'FION Consideration for approval to award a professional sewices contract to Castle Engineering & Testing, LLC., Laredo, Texas, for an a ~ ~ ~ o u n t of $58,505.00 to provide laboratory, sampling and testing services of materials for quality assurance for the Laredo Inteinational Airport General Aviation Apron Reconstruction Design Phase 6 (FAA Rehabilitate Apron Phase 5). Contract time is for the duration of the project approximately one hundred forty-seven (147) calendar days. Funding is available in the Airport Construction Fund - FAA Grant 6 1.

I

INITLATED BY: I STAFF SOURCE: Carlos Villarreal, City Manager

Rogelio Rivera, P.E., City Engineer Jose L. FIores, Airport Manager

I


BACKGROUND: The professional services contract is to provide laboratory, sampling and testing services of materials for quality assurance during the construction of the Laredo International Airport General Aviation Apron Rehabilitation Design Phase 6 (FAA Rehabilitate Apron Phase 5).

Fee breakdown is as follows:

Excavation and Embankment. .................................................... $12,075.00 Aggregate Base Course.. .......................................................... $15,650.00

.............................................. Plant Mix Bituminous Pavements.. $20,600.00 PCC Pavement. .................................................................... .$ 9,700.00 Structural PCC.. ................................................................... .$ 480.00 Total Fee.. ......................................................................... ..$58,505.00

Contract time is for the duration of the project approximately one hundred forty-seven (147) calendar days.

All testing fees will be in accordance with the number of tests and testing requested and the fee may be increased or decreased however any changes in the contract will be addressed by a separate amendment to the contract.

FINANCIAL IMPACT: Funding is available in the Airport Construction Fund - FAA Grant 61. Account No. 433-3647-5 85-930 1

COMMITTEE RECOMMENDATION: Approved by the Operations Committee on Tuesday, June I, 20 LO, and by the Finance Committee on Tuesday, June 2,2010. The Airport Advisory Committee is having a special meeting on Monday, June 7'" at noon to consider a recommendation regarding this item.

STAFF RECOMWIENDATION: Approval of Motion.

STATE OF TEXAS 5 8 m O W ALL MEN BY THESE PHBESENTS

COUNTY OF m B B 5

PROPESSI6bNAL SER-CES AGmIEMENT CITY OF LAmDO

AND CASTLE IENGINEENNG & TESTING, LLC.

This contract is made, entered and executed between the City Of Lsredo hereinafter referred to as "City", and Castle Engineering dk Testing, LLC., hereinafter referred to as "Consultant", for Laredo International Airport General Aviation Apron Reconstruction Design Phase 6 (FAA Rehabilitate Apron Phase 5).

WITNESSETW WHEREAS, the City of Laredo ("City"), is a municipal corporation chartered under the laws of the State of Texas, with its principal place of business located at 1 1 10 Houston Street, Laredo, Texas; and,

WTMEmAS, CASTLE ENGINEEIRING & TIESTING, LLC., Consultant, is a professional corporation, incorporated in Texas whose local place of business is 1216 Santa Maria Avenue, Laredo, Texas 78040; and,

WHEREAS, the Consultant was found to be the best qualified to perform the Professional Services for the Laredo International'Airport General Aviation Apron Reconstruction Design Phase 6 (FAA Rehabilitate Apron Phase 5).

NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the City and the Consultant do mutually agree as follows.

ARTICLE I- CONTRaCT PERIOD Upon execution of this contract, Consultant shall not proceed with the scope of work outlined under Article 11 until authorized in writing by the City of Laredo City Engineer. to proceed as provided in Article XXV - Notice To Proceed. This contract shall terminate at the close of business on October 21,2010, unless extended by a written supplemental agreement duly executed by the parties prior to the date of termination, as provided in Article XXVII - Supplemental Agreements, or otherwise terminated as provided by Article XIV - Termination. Any work performed or costs incurred after the date of termination shall be ineligible for reimbursement.

Consultant shall notify the City of Laredo City Engineer in writing as soon as possible if it determines, or reasonably anticipates, that the work under this contract cannot be completed before the termination date, and the City of Laredo may, in its sole discretion, extend the contract period by timely supplemental agreement as provided in Article XXVII - Supplemental Agreements. Consultant shall allow adequate time for review and

approval of the request for time extension by the City prior to the expiration of this contract.

ARTICLE 11- NSPONSIBHLITIES OF THE PARTIES Consultant shall perform those services for fulfillment of the contract identified as tasks scheduled for completion by October 201 0 in Attachment A - Scope ofServices, Schedule, and Budget attached hereto, incorporated by reference, and made a part hereof for all purposes. The Work Schedule incorporated in Attachment A shall contain a complete schedule so that Consultant's Scope of Services under this contract can be accomplished within the specified time and contract cost. The Work Schedule shall provide a specific work sequence and review times by the City and Consultant of the work performed. If the review time shall take longer than shown on the work schedule, through no fault of Consultant, additional time may be authorized by the City under a supplemental agreement if so requested upon timely written request from Consultant and approved in writing by the City of Laredo Engineering Director.

ARTICLE III- COMPENSATION The City shall pay up to fifty-eight thousand five hundred five dollars and no cents ($58,505.00) as compensation for the services to be performed under this contract. In the event of a change in the scope of services, additional complexity or a different character of work from that originally anticipated and authorized by the City, the amount may be revised only by written agreement of the parties.

Consultant shall prepare and submit to the City of Laredo City Engineer progress reports in sufficient detail to support the progress of the work and in support of invoice(s) precedent to requesting payment for services rendered. Satisfactory progress of work shall be maintained as a condition of payment.

Payments to Consultant for services rendered will be made while work is in progress. Consultant will prepare and submit to the City of Laredo City Engineer, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of an invoice. The submittal shall also include a project assessment report. Payment of the lump sum fee will be in proportion to the percentage completion of work tasks identified in Attachrnent A. Upon receipt and approval of each complete statement, the City shall make a good faith effort to pay within 30 working days.

The City shall reserve the right to withhold payment pending verification of satisfactory work performed. Consultant shall be required to submit adequate proof that the task was completed. Payment of costs incurred is further governed by cost principles outlined in the Federal Acquisition Regulation, 48 CFR, Chapter 1, Part 3 1, Subpart 3 1.2, Contracts with Commercial Organizations.

The progress report shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Five percent (5%) of each partial payment shall be withheld pending completion of the scope of work to be performed under this contract. Final payment of any money due shall be made to Consultant upon satisfactory completion of all services and obligations covered in this contract. The release of any retainage does not relieve Consultant of the responsibility for correcting any errors and/or omissions resulting from its negligence.

Acceptance and approval of the final plans and specifications, reports or documents by the CITY shall not constitute nor be deemed a release of the responsibility and liability of the Consultant for the accuracy and competency of its designs, working drawings, plans, specifications, or other documents and work perfornled under this contract. No approval or acceptance by or in behalf of the City shall be deemed to be an assumption of such responsibility by the City for any defect, error, or omission in the said designs, working drawings, specifications or other documents as prepared by the Consultant.

ARTICLE IV- CONTFUCT AMENDMENTS Significant changes in the terms and conditions of this contract can be made only by written amendment executed by the parties hereto prior to the changes being made. Any such amendment must be approved by the City of Laredo.

ARTICLE V- ADDITIONAIL WORK If Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes extra work, it shall promptly notify the City of Laredo City Engineer in writing. In the event that the City of Laredo City Engineer finds that such work does constitute additional work and will exceed the maximum amount specified in Article 111, the City shall so advise the Consultant and a written supplemental agreement may be executed between the parties as provided in Article XXVII- Supplemental Agreements. Consultant shall not perform any additional work or incur any additional costs prior to the signing, by both parties, of a supplemental agreement. The City shall not be responsible for the actions of Consultant or any costs incurred by Consultant relating to additional work not directly associated with the performance authorized in this contract, or as amended.

ARTICLE VI- CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the contract, Consultant shall make such revisions if requested and as directed by the City of Laredo City Engineer. This will be considered additional work and paid for as specified in Article V - Additional Work.

Consultant shall make such revisions to the work authorized in this contract, including but not limited to any re-designs, required as a result of the Consultant's development of the designs, plans, specifications, or documents which are a result of Consultant's

negligence or which are necessary to correct errors appearing therein. No additional compensation shall be paid for this work.

ARTICLE VII- INDEMNIFICATION Consultant shall save and hold harmless the City of Laredo, from all claims and liability due to the activities of itself, its agents or employees, performed under this contract and which are caused by or result from negligent error, omission, or act of Consultant or of any person employed by Consultant. Consultant shall also save harmless the City of Laredo from any and all expense, including but not limited to, reasonable attorney fees which may be incurred in litigation or otherwise resisting said claim or liabilities which may be imposed as a result of the activities of Consultant, its agents or employees.

ARTICLE VIII- 1NSPEC')nlOIaT OPT WORM The City of Laredo and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder.

ARTICLE IX- DISPUTES The Consultant shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered into in support of contract work. The City shall act as referee in all disputes regarding non - procurement issues and the City's decision shall be final and binding.

ARTICLE X- NONCOLLUSION Consultant warrants that it has not employed or retained any company or persons other than a bona fide enlployee working solely for Consultant, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person any fee, cormnission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee.

ARTICLE 33- REPORTING Consultant shall from time to time during the progress of the work, confer with the City. Consultant shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City of Laredo Engineering Director, in order to evaluate the features of the work.

Upon the request of the City of Laredo City Engineer or Consultant, conferences shall be provided at the offices of the City, or at any other locations designated by the City of Laredo Engineering Director. These conferences shall also include evaluation of the services and work of Consultant when requested by the City. All work performed pursuant to the contract is subject to review by the City of Laredo.

Consultant shall promptly advise the City of Laredo City Engineer in writing of events that have significant impact upon the progress of work, including but not limited to:

(1) Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken or contemplated;

(2) Favorable developments or events which enable work schedule goals to be completed sooner than anticipated or scheduled.

All notices called for or contemplated hereunder shall be in writing and shall be deemed to have been duly given when personally delivered or forty eight (48) hours after mailed to each party by certified mail, return receipt requested, postage prepaid as follows:

BY CERTIFIED MAIL OR WAND DELIVERY City of Laredo CASTLE ENGINEERING & TESTING, LLC. City Engineering 12 1 6 Santa Maria Avenue Rogelio Rivera, P.E. Laredo, Texas 78040 1 1 1 0 Houston Street Laredo, Texas 78040

ARTICLE 331- RECORDS The City of Laredo, shall have the right to examine the books and records of Consultant for the purpose of checking the amount of work performed at the time of contract ter~nination. Consultant shall maintain all books, records, docwl~ents, papers, accounting records and other evidence pertaining to costs incurred for a period of four years from the date of final contract payment or until pending litigation has been fully and completely resolved, whichever occurs last. Records pertinent to this contract shall be made available for inspection during normal business hours to the authorized representatives of the City of Laredo.

ARTICLE XIII- SUBCONTRACTS Consultant shall not assign, subcontract, or transfer any portion of the work under this contract without the prior written approval of the City of Laredo, which approval shall not be unreasonably withheld. All sums due and payable under this contract shall be made to the order of Consultant and to no other. All subcontracts shall include the provisions required in this contract and shall be approved as to form, in writing, by the City of Laredo City Engineer prior to work being performed under the subcontract. No subcontract relieves Consultant of responsibilities for performance under this contract.

ARTICLE XIV- TERMINATION The contract may be terminated before the stated ter~nination date by any of the following conditions:

(1) By mutual agreement and consent, in writing, of both parties.

(2) In writing, by the City of Laredo as a consequence of Consultant's failure to perform the services set forth herein.

(3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein with proper notice given.

(4) Upon thirty (30) days written notice to Consultant.

(5) By satisfactory completion of all services and obligations described herein.

Should the City terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall be paid to Consultant. Compensation for work at termination will be based on the percentage of work completed at that time. The value of work charged during the time after notice of termination is received shall not exceed the value of the work performed in the preceding thirty-day period.

If Consultant defaults in the performance of this contract or if City terminates this contract for fault on the part of Consultant, consideration will be given to the actual costs incurred by Consultant in performing the work up to the date of default. This includes the amount of work that was satisfactorily completed, the value of the work that is usable, the cost of securing a substitute consultant for completion of the work, and other factors affecting the value of the work performed at the time of default.

The termination of this contract and the payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and Consultant, except the obligations set forth in Article XVI - Compliance with Laws of this agreement. If the termination of this contract is due to the failure of Consultant to fulfill its contract obligations, the City staff may complete the work. In such case, Consultant shall be liable for any additional cost occasioned by such failure.

ARTICLE XV- REMEDIES Any violation of contract terms or breach of contract by Consultant shall be grounds for termination of the contract and any increased cost arising from the default of Consultant shall be paid solely by Consultant.

This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative.

ARTICLE XVI- COMPLIANCE WITH LAWS Consultant shall comply with all applicable Federal, State and local laws, statutes, codes, ordinances, rules and regulations, and orders and decrees of any court or administrative body or tribunal in any manner affecting the performance of this contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Consultant shall furnish in writing satisfactory proof of its compliance therewith.

ARTICLE XVII- SUCCESSORS AND ASSIGNS The City and the Consultant each binds itself, its successors, executors, assigns and administrators to each other party of this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this contract. Neither the City nor the Consultant shall assign, sublet, or transfer its interest in this contract without written consent of the other.

ARTICLE XVIII- OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created, or collected under the terms of this contract are the exclusive property of the City and shall be furnished to the City of Laredo upon request. All documents prepared by Consultant and all documents furnished by Consultant shall be delivered to the City of Laredo upon completion or termination of this contract. Consultant, at its own expense, may retain copies of such documents or any other data that it has furnished to the City under this contract. The release of any information shall be in conformance with the Texas Open Records Act.

ARTICLE XIX- SIGNATORY WARRANTY The undersigned signatory for the Consultant hereby represents and warrants that he is an officer of the organization for which he has executed this contract and that he has full and complete authority to enter into this contract on behalf of his firm. The above-stated representations and warranties are made for the purpose of inducing the City to enter into this contract.

ARTICLE XX- CONSULTANT RESOURCES Consultant shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services required. All employees of Consultant shall have such knowledge and experience as will enable them to perform the duties assigned to them.

Any employee of Consultant who, in the opinion of the City of Laredo City Engineer is incompetent, or whose conduct becomes detrimental to the work shall immediately be removed from association with the project when so instructed in writing. Consultant certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this contract, or will be able to obtain such personnel fiom sources other than the City.

Any change in the Project Manager shall be requested in writing and approved in writing by the City of Laredo.

Consultant represents that the services under this Agreement shall be performed in a manner consistent with that level of care, diligence and skill ordinarily exercised by other professionals in the same discipline under the same or similar circumstances at the time the services are performed.

ARTICLE X%;I- EQUAL EMPLOYMENT OPPORTUNITY The Consultant agrees to comply with Executive Order 1 1246 entitled "Equal Employment Opportunity" as amended by Executive Order 11 375 and as supplemented in Department of Labor Regulations (4 1 CFR 60).

ARTICLE XXII- NONDISCRIMINATION During the performance of this contract, the Consultant, its assigns and successors in interest, agrees as follows:

1. Compliance with Regulations: The Consultant shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the US. Department of Transportation, Title 49, Code of Federal Regulations, Part 2 1 and Title 23, Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

2. Nondiscrinzination: The Consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

The Consultant will take affirmative steps to ensure that applicants and employees are treated during employment without regard to their race, color, religion, national, origin, sex, age, handicap, or political belief or affiliation. Specifically, the Consultant agrees to abide by all applicable provisions of the Non-discrimination Clause as contained in the City of Laredo's current Affirmation Action Plan on file in the City Secretary's Office. In the event non-compliance occurs, the Consultant, upon written notifications by the City will commence compliance procedures within thirty (30) days.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified

by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination of the grounds of race, color, sex, or national origin.

4. Information and Reports: The Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the City and shall set forth what efforts it has made to obtain the information.

5 . Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the City may determine to be appropriate, including but not limited to:

a. Withholding of payments to the Consultant under the contract until the Consultant complies, andlor,

b. Cancellation, termination, or suspension of the contract in whole or in part.

6, Incorporation of Provisions: The Consultant shall include the provisions of paragraphs 1 through 6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Consultant becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the City to enter into such litigation to protect the interests of the City; in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

11- MINORITY BUSINESS ENTEWMSES It is the policy of the U.S. Government that Minority Business Enterprises as defined in 49 CFR 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently the Minority Business Enterprise requirements of 49 CFR 23, exclusive of Subpart D, apply to this contact as follows:

The Consultant agrees to insure that Minority Business Enterprises as defined in 49 CFR 23, Subpart A, have the maximum opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Consultant shall take all necessary and reasonable steps in accordance with 49 CFR 23, exclusive of Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts.

The Consultant and any subcontractor shall not discriminate on the basis of race, color, sex, or national origin in the award and performance of contracts funded in whole or in part with Federal funds.

These requirements shall be physically included in any subcontract. Failure to cany out the requirements set forth above shall constitute a breach of contract and, after the notification of the City, may result in termination of the contract by the City or other such remedy as the City deems appropriate.

ARTICLE XXIV- DELINQUENT TAX CERTIFICATION Pursuant to Article 2.45 of the Business Corporation Act, Texas Civil Statutes, m~hich prohibits the State from awarding a contract to a corporation that is delinquent in paying taxes under Chapter 17 1, Tax Code, the Consultant hereby certifies that it is not delinquent in its Texas franchise tax payments, or that it is exempt from or not subject to such tax. A false statement concerning the corporation's franchise tax status shall constitute grounds for cancellation of the contract at the sole option of the City of Laredo Engineering Director.

ARTICLE XXV- NOTICE TO PROCEED The City of Laredo City Engineer will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by Consultant or any costs incuned by Consultant relating to additional work not included in Attachment A - Scope of Services.

ARTICLE XXVI- SUSPENSION Should the City desire to suspend the work, but not terminate the contract, this may be done by giving thirty (30) days verbal notification followed by written confirmation from the City of Laredo City Engineer to that effect. The thirty-day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City of Laredo City Engineer to resume work. The sixty-day notice may be waived by both parties in writing. If the City suspends the work, the contract period as determined in Article I- Contract Period is not affected and the contract will terminate on the date specified unless the contract is amended.

The City assumes no liability for work performed or costs incurred prior to the date of the notice to proceed authorized by the City to begin work, during periods when work is suspended, or subject to contract completion date.

ARTICLE XXVII- SUPPLEMENTAL AGREEMENTS The terms of this contract may be modified by supplemental agreement if the City. determines that there has been a significant change in the:

(1) Scope, complexity, character of the service to be performed; or

(2) The duration of work.

Additional compensation, if appropriate, shall be identified in writing as provided in Article 111-Compensation, and the supplemental agreement shall state what, if any, additional compensation shall be provided. The City of Laredo City Engineer shall issue a notice to proceed for work authorized under the supplementary agreement in accordance with the provisions of Article XXV- Notice to Proceed. Any supplemental agreement must be executed in writing by both parties within the contract period specified in Article I - Contract Period.

It is distinctly understood and agreed that no claim for extra work done or materials furnished shall be made by Consultant until full execution of the supplemental agreement and authorization to proceed is granted. The City reserves the right to withhold payment pending verification of satisfactory work performed in accordance with Article III- Compensation of this agreement.

ARTICLE XXVIII- SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval before a final report is issued. The comments of the City of Laredo City Engineer shall be noted and addressed in the final report.

ARTICLE %XIX- INSURANCE Consultant shall furnish a properly completed Certificate of Insurance, in a form approved by the fiscal agent of the City prior to beginning work under this contract and shall maintain insurance through the contract period.

The Consultant shall provide and maintain, until the work covered in the contract is completed and accepted by The City of Laredo, the minimum insurance coverages as follows:

1. Commercial General Liability insurance at minimum combined single limits of $1,000,000 per-occurrence and $2,000,000 general aggregate for bodily injury and property damage, which coverage shall include products/conlpleted operations ($1,000,000 products/completed operations aggregate), and XCU (Explosion, Collapse, Underground) hazards. Coverage must be written on an occurrence form. Contractual Liability must be maintained covering the Contractors obligations contained in the contract.

2. Workers Compensation insurance at statutory limits, including Employers Liability coverage a minimum limits of $1,000,000 each-occurrence each accident/$1,000,000 by disease each-occwrence/$l,000,000 by disease aggregate.

3. Commercial Automobile Liability insurance at minimum combined single limits of 1,000,000 per-occurrence for bodily injury and property damage, including owned, non-owned, and hired car coverage.

4. Errors & Omissions coverage may not be required for all services. If The City of Laredo deems such coverage necessary, the following conditions will apply:

a. Professional Liability with minimum limits of $1,000,000 or higher, depending on the type, size, and scope of services.

b. This coverage must be maintained for at least two (2) years after the project is completed. If coverage is written on a claims-made basis, a policy retroactive date equivalent to the inception date of the contract (or earlier) must be maintained during the full term the contract.

The required limits may be satisfied by any coinbination of primary, excess, or umbsella liability insurances, provided the primary policy complies with the above requirements and the excess umbrella is following-form. The Contractor may maintain reasonable and customary deductibles, subject to approval by the City of Laredo.

Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Laredo accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor.

A Comprehensive General Liability insurance form may be used in lieu of a Commercial General Liability insurance form. In this event, coverage must be written on an occurrence basis, at limits of $1,000,000 each-occurrence, combined single limit, and coverage must include a broad form Comprehensive General Liability Endorsement, products/completed operations, XCU hazards, and contractual liability.

With reference to the foregoing insurance requirement, Contractor shall specifically endorse applicable insurance policies as follows:

1. The City of Laredo shall be named as an additional insured with respect to General Liability and Automobile Liability.

2. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions.

3. A waiver of subrogation in favor of the City of Laredo shall be contained in the Workers Compensation, and all liability policies.

4. All insurance policies shall be endorsed to require the insurer to immediately notify the City of Laredo of any material change in the insurance coverage.

5. All insurance policies shall be endorsed to the effect that the City of Laredo will receive at least sixty- (60) days' notice prior to cancellation or non-renewal of the insurance.

6. All insurance policies, which name the City of Laredo as an additional insured, must be endorsed to read as primary coverage regardless of the application of other insurance.

7. Required limits may be satisfied by any combination of primary and umbrella liability insurances.

8. Contractor may maintain reasonable and customary deductibles, subject to approval by the City of Laredo.

9. Insurance must be purchased from insurers that are financially acceptable to the City of Laredo.

All insurance must be written on forms filed with and approved by the Texas Department of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting the following:

I . Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein.

2. Shall specifically set forth the notice-of-cancellation or termination provisions to the City of Laredo.

Upon request, Contractor shall furnish the City of Laredo with certified copies of all insurance policies.

ARTICLE - GRATUITIES No member of the City shall accept any benefits, gifts or favors from any person doing business with the City under this contract, nor shall any person doing business with or who may reasonably do business with the City under this contract make an offer of benefits, gifts, or favors to City personnel or staff.

ARTICLE =XI- DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION By execution of this agreement, Consultant warrants that it has not been disbarred, suspended, or subject to disciplinary action which would affect its ability to perform the services contracted. It further warrants that it is in compliance with regulations relating to Equal Employment Opportunity and Civil Rights Regulations.

ARTICLE I- PATENT AND COPYRIGHT The City shall have the non-exclusive and irrevocable right to reproduce, publish, or othenvise use, and to authorize the use by others any reports developed by Consultant for governmental purposes.

ARTICLE 111- SEVEMBIEITY In the event any one or more of the provisions contained in this contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein.

ARTICLE IV- PRIOR CONTRACT SUPERSEDED This contract constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral contract between the parties respecting the subject matter defined herein.

ARTICLE V- FORCE MAJEURE Neither party to this agreement shall be required to perform any term, condition, or covenant in this agreement so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by a governmental authority, civil riots, floods, and any other cause not reasonably within the control of either party to this agreement and which by the exercise of due diligence such party is unable, wholly or in part, to prevent or overcome. If by reason of force majeure either party is prevented from full performance of its obligations under this agreement, written notice shall be provided to the other party within three days.

ARTICLE VI- APPLICABLE LAW This agreement shall be construed under, and in accordance with, the laws of the State of Texas as amended from time to time, and all obligations of the parties created by this agreement are performable and enforceable in Webb County, Texas.

ARTICLE VII- ADDITIONAL PROVISIONS

Time of the Essence. Time is of the essence with respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.

Inconsistencies. Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements that are made a part hereof by reference or otherwise, the provisions of this Agreement shall control.

Entire Agreement. This Agreement incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements, and understandings have been merged into this written Agreement. No other prior agreement or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless signed by both parties and attached hereto and/or embodied herein.

Amendment. No changes to this Agreement shall be made except upon written agreement of both parties.

Confidentiality, Any confidential information provided to or developed by Consultant in the performance of this Agreement shall be kept confidential, unless otherwise provided by law, and shall not be made available to any individual or organization without the prior approval of City of Laredo.

Headings. The headings used herein are for convenience of reference only and shall not constitute a part hereof or affect the construction or interpretation hereof.

Waiver. The failure on the part of any party to exercise or to delay in exercising, and no course of dealing with respect to any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein are cumulative and not exclusive of any remedies provided by law or in equity, except as expressly set forth herein.

Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by breach of contract, willful1 misconduct, negligent act or omission, or other wrongful act of either of them.

Counterparts. This Agreement may be executed in any number of and by the different parties hereto on separate counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same document.

Terminology and Definitions. All personal pronouns used herein, whether used in the masculine, feminine, or neutral, shall include all other genders; the singular shall include the plural and the plural shall include the singular.

Rule of Construction. The parties hereto acknowledge that each party and its legal counsel have reviewed and revised this agreement, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this agreement or any amendments or exhibits hereto.

This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed.

IN WITNESS WHEREOF, the City of Laredo acting by and through its designated City Manager, and CASTLE ENGINEERING & TESTING, LLC., have executed this agreement in duplicate originals, each of equal dignity.

EXECUTED this the day of ,2010.

CITY OF LAREDO: CASTLE ENGINEERING 6k. TESTING, LLC.:

Carlos R. Villarreal Jesus "Papo" Pompa City Manager Vice-president

ATTEST: ATTEST:

Gustavo Guevara, Jr. Notary Public City Secretary My Commission expires

APPROVED AS TO FOIWI:

Nathan R. Bratton Assistant City Attorney

ESTIMATED COST OF SERVICES

Our not-to-exceed without written approval price for providing the above scope of services is $58,505.00 as shown on the following cost summary. Please recognize that this is an estimate & based on the quantity of tests indicated in the breakdown provided below. If these quantities are exceeded at the request of the contractor and written authorized by the client, additional fees will apply. However, we will keep you informed throughout the progress of the project and notify you of the budget conditions.

Moisture Density Relationship for Soils I AS^^ 01557 17 1 $ 2 5 0 , ~ ( $4,250.00 lndudes Sample Pick-Up. Lab Tech Time and Report

Liquid Limit, Plastic Limit and Plasticity '

Index (P.I.) / ASTM D4318 1 Material Finer Than the No. 200 Sieve Includes Lab Tech Time and Reoort

/ ASTM D l 140 1 :---.-.....-...-I-.-- I 1 ..

In-place Field Density Tests (Sand Cone) I

--A------

------ ^ .... P-208 Aggregate Base Course . -.- +-_it Un Rate ....... I Total

................. . Material Finer Than the No. 200 Sieve in

Sieve Analysis of Fine and Coarse Aggregate Includes Lab Tech T i e and .. Repart - . .- ---. .. .- t Particle Size Analysis of Soils Includes Lab Tech Time and Report . - -- - ----- - - - -. . ---

Attachment A Page 1 of 2

^------r-..-....- -....-... I In-place Field Density Tests (Sand Cone) I I I

1 Minimum Charge three (3)Tesls Per Trip I ASTM 01556 40 $95.00 r53,800.00 ( 2" ------.: i~~~a~~~-~c~~..~~~~s~.~m_e.~~n~~eeerf rf.rfrfrf-. 4 1.- / Liquid Limit, Plastic Limit and Plasticity ! i

i Index lP.1.) I ASTM 04318 1 4 1 $75.00 / $300.00 1 j Thickness Verification I lncludes Lab Tech Time and Report

i-. - - - - -7 - . - .____- - - - . - - - . - - - ------ _I-- I Standard Practice for Preparation of

J

1 Absorptive Compacted Bituminous A I M D2726 ;- 1 $55.00 $6,600.00 1 Mixtures (Lab and Field Samples)

I~.i.iers.nai.Pick-u~~afi~5~eea~ort ortortortortort . - Core I / Thickness Verification

Includes Lab Tech Tlrne and Report / 10 / $25.00 $1,000.00

Measurement I

f . - i L .--

- - ' Subtotal I $20 6 9 0 d -____ - - - l - - - L &

.- 7-"xt -Rz---..-.----- r?jT6-~iuctural - -- PCC -. -- -., ?5=diZFa3;iY - - - - ! : TOM 1

I I I 1 4 i -. i- '

I I 1 I Compressive Strength of Cylindrical ASTM C31 i ! I

j Concrete Specimens C39 1 'I2 $40.00 1 $480.00 1 Includes Trip Charge, Field Tech fime. Tem~rature I ASTM ~ 1 4 3 ! Reading, Slump. Unil Weight. Air Content. Motdingflesting I and Report ,. ASTM ~ 2 3 1 i

...... .... I

1 Subtotal $480.00 1 L _.---_......_-.--...----....-.-I-.-. . _.IL..__^__.__ i . i t ... - -. r--...-...... . . . . . . . . . . . . . . . . . . . ......

: . . . . . . . . Total Budget - ... . . . . . . . . Estimate - ............... , $58,505.00.. - .... -. - . - /

Attachment A Page 2 of 2

COUNCIL CO ICATION

DATE:

06/07/10

SUBJECT: MOTION Consideration for approval of amendment no. 2 an increase of $1 14,892.94 to the professional services contract with URS Corporation, Dallas, Texas, for the Laredo International Airport General Aviation Apron Reconstruction Phase 6 to add to the A/E contract the construction phase and the Resident Project I<epresentative. Current engineering contract anlou~lt with this change order is $286,220.41. Funding is available in the Airport Construction Fund FAA Grant No. 53.

BACKGROUND: The original proposed scope of services is to include, but not limited to:

lWZTIATED BY: Carlos Villarreal, City Manager

The reconstruction of approximately 20,000 square yards of the existing General Aviation aircraft parking apron, pavement markings and un-powered reflective markers to designate the limits of non-structural pavement areas adjacent to Taxiway A, between Taxiways D and E.

STAFF SOURCE: Rogelio Rivera, P.E., City Engineer Jose L. Flores, Airport Manager

This amendment No. 2 is to add to the A/E contract the construction phase and the Resident Project Representative.

PREVIOUS COUNCIL ACTION: On February 1, 20 10, City Council approved amendment no. 1 an increase of $43,850.03 to the professional services contract wit11 URS Corporation, Dallas, Texas, for the Laredo International Airport General Aviation Apron Reconstruction Phase 6 to add to tlre scope of work the reconstruction of approximately 10,000 squarc yards of the existing General Aviation Apron which represents an increase of 50% from 20,000 square yards to over 30,000 square yards.

Original engineering contract amount.. .............................................. $127,477.44 (Awarded by City Council on August 17,2009)

Amendment no. 1.. .................................................................... $ 43,850.03 (Approved by City Council on February 1,2010) To add to the scope of work the reconstruction of approximately 10,000 square yards of the existing General Aviation Apron which represents an increase of 50% from 20,000 square yards to over 30,000 square yards.

This amendment no. 2.. ............................................................... $1 14,892.94 Current engineering contract amount.. .............................................. $286,220.4 1

FINANCIAL IMPACT: Funding is available in the Airport Construction Fund FAA Grant No. 53. Account No. 433-3684-585-9301

COMMITTEE RECOMMENDATION: Approved by the Operations Committee on Tuesday, June 1,20 10, and by the Finance Committee on Tuesday, June 2,2010. The Airport Advisory Committee is having a special meeting on Monday, June 7"' at noon to consider a recommendation regarding this item.


COUNCIL CBMMUNICATION

PREVIOUS COUNCIL ACTION: On October 19,2009, City Council awarded a construction contract to the lowest bidder F & W Electrical Contractors, Floresville, Texas, in the amount of $1,425,000.00 for the Laredo Intcrnational Aispoit Airfield Electrical Vault Improvements and Runway 17R-35L Lighting and Signage Improvements.

BACKGROUND: The project includes demolition and reconstruction of approximately the Iiigh Intensity Runway Light (I-TIRL) on Runway 17R-35L and Improvements to the Airfield Electrical Vault at the Laredo International Airport. Project elements include:

DATE:

06/07/10

New primary power for vault; New Constant Current Regulators, power, and control equipment; New emergency generator(s) and automatic transfer switch(es); Airfield Lighting Vault HVAC equipment; Lightning protection improvements; Airfield lighting control system modifications; Reconstruction of the Runway 17R-35L (full length) runway edge light system, including cable and isolation transformers; Reconstruction of existing electrical conduit and light base cans; Replacement of mandatory holding position sigs; Replacement of runway distance remaining signs; and Replacement of the existing Runway 35L Visual Approach Slope Indicators (VAST) with a new four-box Precision Approach Path Indictor (PAPI-4). All improvements will be constructed in accordance with Federal Aviation Administration standards and specifications for airport construction. The purpose of this project is to upgrade Runway 17R-35L electrical lights and signs and to upgrade the airfield electrical vault to include new regulators and new emergency power generator. Also to upgrade Runway 17L-35R and Taxiway "J" electrical lights.

SUBJECT: MOTION Consideration for approval of change order no. 1 an increase of $70,000.00 to replace airfield lighting cable on Runway 17L-35R and Taxiway J and to add fourteen (14) calendar days to the contract time to the construction contract with F & W Electrical Contractors, Floresville, Texas, for the Laredo Intcrnational Airport Ail-field Electrical Vault I~nprovements and Runway 17R-35L Lighting and Signage Improvements. Current construction contract amount with this change order is $1,495,000.00. Current construction contract time with this change order is two hundred sixty- four (264) calendar days. Funding is available in the Airport Construction Fund - FAA Grant No. 57 (Contingent upon approval of Ordinance 2009-0-1 85).

Plans and specifications were prepared by URS Corporation, Dallas, Texas.

This change order no. 1 is to replace airfield lighting cable on Runway 17L-35R and Taxiway J and to add fourteen (14) calendar days to the contract time.

NTIATED BY: Carlos Villarreal, City Manager

Original construction contract amount.. ........................................ .$1,425,000.00 (Awarded by City Council on October 19,2009)

This change order no. 1 ........................................................... .$ 70,000.00 Current construction contract amount. ......................................... ..$I ,495,000.00

STAFF SOURCE: Rogelio Rivera, P.E., City Engineer Jose L. Flores, Airport Manager

FLNANCIAL IMPACT: Funding is available in the Airport Construction Fund - FAA Grant No. 57. Account No. 433-3652-585-9301

COMMITTEE RECOMMENDATION: Approved by the Operations Committee on Tuesday, June 1,2010, and by the Finance Committee on Tuesday, June 2,20 10. The Airport Advisory Committee is having a special meeting on Monday, June 7@' at noon to consider a recommendation regarding this item.


PROJECT: LAREDO INTERNATIONAL AIRPORT CHANGE ORDER No. One (1) AIRFIELD ELECTRICAL VAULT IMPROVEM Agenda Item: June 7 , 2010 RUNWAY 17R-35L LIGHTING AND SIGNAG DATE: 511 4/20 1 0

CONTRACTOR: You are hereby requested to comply with he contract plans and specifications.

onnectors, Complete

Replace airfield lighting cable on Runway 17L-35R and Taxiway J. I

Change Order: $ 1,495,000.00 10rder 264 Calendar ~ a y s ]

URS kt?$ Electrical Contractors, lnc.

Recommended by: Approved by:

Rogelio Rivera, P.E. Date Carlos R. Villarreal Date City Engineer City Manager

Attest: Funding i s a v a i l a b l e i n the Ai rpor t Cons t ruc t io Fund - FAA Grant No. 57.

Gustavo Guevara Date Account No. 433-3652-585-9301 City Secretary

I Francisco Meza, Purchasing Agent PREVIOUS COUNCIL ACTION: Authorized participation in the BuyBoard Cooperative Purchasing Program.

DATE: 06/07/20 1 0

BACKGROUND: BuyBoard, H-GAC, State of Texas cooperative contract pricing was requested from truck manufacturers that maintain a local sales and services operation. Three vendors responded to this request for contract pricing and a recommendation is being presented to the City Council that a contract be awarded to the Rush Truck Center of Texas, LP for the purchase of the chassis and McNeilus Truck & Manufacturing for the

side loader refuse body. Delivery is expected with-in 90 days.

Subject: MOTIONS Consideration to award a contract to Rush Truck Center of Texas, LP in the amount of $1,274,464.00 and McNeilus Truck and Manufacturing, Houston, Texas, in the amount of $989,430.00 for the purchase of ten, Peterbilt trucks with McNeilus side loader bodies for the Solid Waste operation utilizing BuyBoard cooperative contract pricing. Funding is available from 20 10 PPFCO proceeds.

Q ~ Y Unit Price Total

Rush Truck Center of Texas, LP 201 1 Peterbilt 320 Chassis cab for 10 $1 17,719.00 $1,177,190.00

BuyBoard Contract #28 1-07 side loader includes 3 / 5 year extended warranty


Brake Retarder System 10 $ 9,745.00 $ 97,450.00

STAFF SOURCE: Rogelio Rivera, P.E., City Engineer Steven Geiss, Solid Waste Division Manager Jack Dunn, Fleet General Manager

Total Truck Cost 10 $127,464.00 $1,274,464.00

McNeilus Truck & Manufacturing McNeilus Autoreach 3 147 10 $ 98,943.00 $ 989,430.00

BuyBoard Contract #208-07

Grand Total $2,263,894.00

FINANCIAL IMPACT: Funding for this equipment is available from the 201 0 PPFCO bond.

Department Line Item Expense Account Amount

Solid Waste 20 10 PPFCO automotive 556-9865-535-9004 $2,263,894.00

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that this contract be approved.

Pricing Summary

Rush Truck Center of Texas, LP 201 1 Peterbilt 320 Chassis cab for 10 BuyBoard Contract #28 1-07 side loader includes 3 1 5 year

extended warranty

Brake Retarder System 10

Total Truck Cost 10

McNeilus Truck & Manufacturing McNeilus Autoreach 3 147 10

BuyBoard Contract #208-07

Delivery 90 days Grand Total

South Texas International International 7500 10

Non cooperative purchase w/McNeilus Autoreach 3 147

Pricing. 10 Does meet engineltransmission Warranty 3 years chassis 10

requirements Warranty 3 years Powertrain

Brake Retarder System 10

Delivery 120-240 days Grand Total 10

Freightliner and Western Star of American La France Condor 10 Laredo, LTD

BuyBoard Contract #208-07 Brake Retarder system 10

Warranty 3 year chassis 10

Warranty 5 year powertrain 10

Grand Total Chassis OnIy

COUNCIL COMMUNICAIBON

Francisco Meza, Purchasing Agent I'REVIOUS COUNCIL ACTION: Authorized participajion in the H-GAC and BuyBoard Cooperative Purchasing

DATE: 06/07/20 10

Program.

Subject: MOTIONS Consideration to award a contract to Santex Truck Center, San Antonio, TX in the amount of $422,044.00 for the purchase of three International trucks for use by the Solid Waste operation and one International truck for the Fleet Maintenance operation utilizing the T i - GAC cooperative contract; and Heil of Texas, San Antonio, TX in the amount of $219,028.00 for the purchase of three rear loader refuse units utilizing BuyBoard cooperative contract pricing. Funding is available from Solid Waste 2010 PPFCO proceeds and the Fleet Maintenance Fund budget.

BACKGROUND: BuyBoard, H-GAC, State of Texas cooperative contract pricing was requested from truck manufacturers that maintain a local sales and services operation. A recommendation is being presented to the City Council that a contract be awarded to the Santex Truck Center for the purchase of the chassis and Heil of Texas for the purchase of the rear loader refuse body. Delivery is expected with-in 120 days.



Santex Truck Center 20 1 1 International cab for rear 3 $ 97,730.00 $ 293,190.00

H-GAC Contract HT11-09 refuse loader

STAFF SOURCE: Rogelio Rivera, P.E., City Engineer Steven Geiss, Solid Waste Division Manager Jack Dunn, Fleet General Manager

201 1 International cab and 1 $ 127,254.00 $ 127,254.00 chassis with lube service body

H-GAC fee $ 1,600.00

Total Truck Cost 4 $ 422,044.00

Heil of Texas Heil25cy DuraPack 5000 3 $ 72,876.00 $ 218,628.00

BuyBoard Contract #280-07 Rear loader

BuyBoard Fee

Grand Total

FINANCIAL IMPACT: Funding for this equipment is available from the Solid Waste 2010 PPFCO bond proceeds and Fleet Maintenance operation funds.


Solid Waste 201 0 PPFCO automotive 556-9865-535-9004 $5 12,818.00 Fleet Maintenance Fleet Maintenance 593-2810-535-9004 $128,254.00



DATE: 06/07/20 1 0

BACKGROUND: BuyBoard, H-GAC, State of Texas cooperative contract pricing was requested from truck manufacturers that maintain a local sales and services operation. A recommendation is being presented to the City Council that a contract be awarded to the Santex Truck Center for the purchase of the truck chassis and Vac-Con for the purchase of the vacuum truck. Delivery is expected within 30-45days.

Saabject: MOTIONS Consideration to award a contract to Santex Truck Center, San Antonio, TX in the amount of $81,494.00 for the purchase of one International truck; and VAC-CON Inc. in the amount of $183,130.36 for the purchase of one vacuum truck utilizing BuyBoard cooperative contract pricing for the Utilities Department. Funding is available from 2010 PPFCO proceeds.

I



Santex Truck Center 201 1 International cab for 1 $ 81,494.00 $ 81,494.00

H-GAC Contract HT11-09 vacuum truck

STAFF SOURCE: Tomas Rodriguez, P.E., Utilities Department Director Rogelio Rivera, P.E., City Engineer Jack Dunn, Fleet General Manager Francisco Meza, Purchasing Agent

V AC-CON

H-GAC Contract

PIWIEVIOUS COUNCIL ACTION: Authorized participation in the H-GAC and BuyBoard Cooperative Purchasing Program.

VAC-Con Module

Grand Total

FINANCIAL IMPACT: Funding for this equipment is available from the 201 0 PPFCO bond proceeds


Utilities 201 0 PPFCO Automotive 559-9865-535-9004 $264,624.36


COUNCIL GOMMUNRCATION

1) Brothers Materials, Laredo, Texas in the amount of $352,500.00, for the purchast of flexible base-caliche (job site delivered), flexible type A (picked up at vendor' yard and job site delivered), flexible base type B (picked up at the vendor's yard and sand (job site delivered) for the purchase of materials required for all cit: paving and construction projects.

DATE: 06/07/10

2) Leyendecker Materials, Laredo, Texas in the amount of $201,000.00, for thi purchase of flexible base-caliche (picked up at vendor's yard), sand (picked up a vendor's yard), and gravel (picked up at vendor's yard and job site delivered);

SUBJECT: MOTIONS Consideration to exercise renewal option for annual contract FY09-061 to:

The tern of this contract is for a one year period and is subject to the availability of funds All materials are purchased on an as needed basis utilizing the Public Works and Utilitie Departments construction projects budgets.

I

PmVIOUS COmCIXL ACTION: Awarded a one year contract on 610 1/09.

I

BACKGROUND: Staff is recommending that this contract be extended for one additional year to Leyendecke Materials and Brothers Materials for the purchase of materials used in street paving, street reconstruction, anc general repair projects for all City Departments. These materials consist of flexible base, sand, and gravel. Bic pricing is requested on job site delivery of materials and picked up by City trucks at the material provider's plant. Leyendecker Materials and Brothers Materials have both agreed to maintain the same contract pricing for the firs extension year. Staff is recommending that this contract be extended for one additional year.

Currennt Contract Pricing:


Eeyendecker Materials Laredo, Texas 78041

STAFP SOURCE: . Rogelio Rivera, P.E., City Engineer John Orfila, Jr., Public Works Division Manager Francisco Meza, Purchasing Agent

Brothers Materials karedo, Texas 78043

Description Unit Price Description Unit Price Flexible Base, (F.O.B. Plant) $ 10.00 Flexible Base, (F.O.B. Job Site) $ 9.95 Sand (F.O.B. Plant) $ 10.00 Flexible Base, Type A (F.O.B. Plant) $ 23.00 Gravel, (F.O.B. Plant) $ 10.00 Flexible Base, Type B (F.O.B. Plant) $ 12.50 Gravel, (F.O.B. Job Site) $ 17.00 Sand, (F.O.B. Job Site) $ 10.50

FINANCIAL IMPACT: These materials are used by city departments required for all city paving, repair an( construction projects.


Bid Tabu17

FY09-061 Public Works Materials May 1,2009 3:00 P.M.

I FIeuMe base, Caliche. F.O.B. Job Site 10,000 CYD $ 17.00 $ 170,m.00 $ 9.95 $ 99.500.00 $ ' - $

11 Flexible base, F.0.B , Plant 4,000 CYD $ 10.00 $ 40,000.00 $ 5.00 $ 20,000.00 $ - $ $ - 8 Low bid detemnation ladm - $0.55/mile from PW to Plant 4,000 $ 2.09 8 8,360.00 $ 8.25 $ 33,000.00 $ $ 8 - $

$ 12.09 $ 48.360.00 $ 13.25 $ 53.000.00

111 Fleuble base Type A. F 0 B Job Site 8.000 TONS $ - $ 8 27 50 $ 220.000 00 $ - $ $ 21 00 $ 168,00000

N FlextMe base Type A. F.O.B., Plant

Flexible base Type A. F.O.B., Plant (Mileage)

8.000 TONS $ - $ $ 2300 $ 184,00000 $ - $

8.000 3 - 8 $ 550 $ 44,00000 $ - $

$ 28 50 $ 228.00000

V Flexible base Type B, F.O.B., Plant 10.000 CYD $ 14.00 S 140.000.00 $ 12.50 $ 125,000.00 $ - $ . 8 - 8

VI Sand. F.O.B. Job Site 3,000 CYD $ 17.00 $ 51.000.00 $ 10.50 $ 31,500.00 $ - $ $ - 8

VII Sand. F.O.B.. Plant Sand. F 0.0.. Plant (Mileage)

VIIl Gravel. F.O.B. Plant Site Gravel, F.O.B. Plant Site (Mileage)

1.000 CYD $ 10.00 $ 10,000.00 $ 4.00 8 4,00P.00 $ - 1,000 8 2.09 $ 2.090.00 $ 14.85 $ 14.850.00 $ -

$ 12.09 $ 12.090.00 $ 18.85 $ 18.850.00

1,000 TONS $ 10.00 $ 10,000.00 $ - $ $ -

LX Gravel, F.O.B. Job Sile 3,000 TONS $ 17.00 $ 51,000.00 $ - $ $ - $ $ - $

X Flexible Base C ~ ~ h e d Concrete FOB City Cornpund 12,000 CYD $ - $ - . $ - $ $ 19.50 $ 234,000.00 $ - 8 Flexible Base C ~ s h e d Concrete FOB City Compund (Mileage) 12.000 $ - $ $ $ - $ 6.60 $ 79.200.00 $ - $

$ 26.10 $ 313.200.00

XI FIex~ble Base C ~ s h e d Concrete FOB Job Stte 4.000 CYD t - $ $ - $ $ 16 00 $ 64.000.00 5 - $

Pmmpt Paymenl Discount

Lab Test Report Submitted

NO No NO

Yes Lab Test older than 2 years Yes but not certified

II FlexlMe base, F.O.B., Plant 4 , m CYD $10.00 $ 40.000.00 VII Sand. F.O.B.. Plant Vlll Gravel. F.Q.B. Plant Site IX Gravel. F.O.B. Job Site

10.000 CYD $70.00 $ 100,000.00 1,000 TONS $10.00 $ 10,000.00

3,000 TONS $17.00 a sr.ooo.m $ 201.M)0.00

I FJexlble base. Caliche. F.O.B. Job Site IV Flexible base Type A, F.O.B.. Plant V Flexible base Type B. F.O.B., Plant Vl Sand. F.0 B. Job Site

10,WM CYD $9.95 $99.500.00 8.000 TONS $23.00 $184.000.00

3,000 CYD $12.50 $37,500.00 3.000 CYD $10.50 $31.500.00

$352.500.00

COUNCIL COMMUNICAT%ON

DATE: 06/07/ 10

SUBJECT: MOTIONS Consideration to award contract FY 10-052 for the purchase of administrative trucks for the Public Works and Solid Waste operations to the following low bidders:

(a) Westway Ford, Irving, TX in the amount of $137,575.00 for the purchase of five trucks;

(b) Sames Motor Co., Laredo, TX in the amount of $79,240.00 for the purchase of four trucks; and

(c) Caldwell Country Chevrolet, Caldwell, TX in the amount of $44,377.00 for the purchase of two trucks.

Funding is available from 2007 Contractual Obligation Bond Proceeds (2007 C.O.), the Capital Improvements Fund and Solid Waste Fund.

I



Jesus Olivares, Assistant City Manager

BACKGROUND: The City received four bids for the purchase of administrative trucks for the Public Works and Solid Waste operations. Authorization is requested to purchase these vehicles from the low bidders meeting specifications.

Rogelio Rivera, P.E., City Engineer John Orfila, Jr., Public Works Division Manager Stephen Geiss, Solid Waste Division Manager Francisco Meza, Purchasing Agent

Weshvay Ford 5 1 ton diesel ext $27,5 15.00 $137,575.00 Irving, TX Cab truck

Sames Motor Co: 2 ?4 ton ext. cab truck $17,995.00 $ 35,990.00 Laredo, TX 2 34 ton crew cab truck $2 1,625.00 $ 43,250.00

$ 79,240.00

Caldwell Country Chevrolet 1 34 ton ext cab truck $20,76 1 .OO $ 20,761.00 Caldwell, TX 1 % ton ext cab truck $23,616.00 $ 23,616.00

$ 44,377.00 A complete bid summary is attached.

FINANCIAL IMPACT: Funds for the purchase of these vehicles are available in the following line item budget.

COMMITTEE mCOMMENDATION:

Department Solid Waste - 1 ton truck Solid Waste - !A ton ext, cab truck, short bed Public Works - !A ton ext cab truck, short bed Public Works - ?4 ton crew cab truck, Public Works - 1 ton ext cab truck

Public Works - ?4 ton ext cab truck Public Works - ?4 ton ext cab truck 4x4

STAFF RECOMMENDATION: It is recommended that this contract be approved.

Total Amount $1 10,060.00 $ 17,995.00 $ 17,995.00 $ 43,250.00 $ 27,515.00

$ 20,761.00 $ 23,616.00

Q ~ Y 4 1 1 2 I

1 I

Expense Account 556-256 1-535-9004 556-2561-535-9005 462-98 10-535-9004 462-98 10-535-9004 462-98 10-535-9004 402-43 10-535-9004 402-43 10-535-9004 402-43 10-535-9004

Bid Summary

Section I Vehicle A 2 % ton ext cab truck 2

2 2

Section I11 Vehicle C-1 1 % ton ext cab tsuck 1

1 1

Section IIIB Vehicle C-2 1 34 ton ext cab truck 1

1 1

Section IV Vehicle D 2 % ton crew cab truck 2

2 2

Section V Vehicle E 5 1 ton ext. cab truck 5

5

Vendor Unit Price Total Sames Motor Co. $14,995.00 $ 35,990.00 Sams Pack's Five $1 8,888.00 $ 37,776.00 Caldwell Chevrolet $1 8,978.00 $ 34,956.00 Westway Ford $19,160.00 $ 38,320.00

Caldwell Chevrolet $20,761.00 $ 20,961 .OO Sames Motor Co. $21,272.00 $ 21,272.00 Westway Ford $21,180.00 $ 21,180.00 Sams Pack's Five $21,783.00 $ 21,783.00

Caldwell Chevrolet $23,616.00 $ 23,616.00 Westway Ford $23,818.00 $ 23,818.00 Sames Ford $24,160.00 $ 24,160.00 Sams Pack's Five $24,689.00 $ 24,689.00

Sames Motor Co. $21,625.00 $ 43,250.00 Caldwell Chevrolet $21,767.00 $ 43,534.00 Westway Ford $21,962.00 $ 43,924.00 Sams Pack's Five $22,689.00 $ 43,378.00

Westway Ford $27,515.00 $1 3'7,575.00 Sames Motor Co. $27,542.00 $137,710.00 Caldwell Chevrolet $3 1,906.00 $159,530.00 * Sams Pack's Five $22,489.00 $1 12,445.00 * Does not meet published specijications; bid oiz gasoli~e engine; bid requested diesel engine

COUNCIL COMMUNICATlON

BACKGROUND: Seven bids were received for the purchase of one aerial bucket truck for the Traffic Safety Department. The aerial bucket truck shall be used in preventative, routine, and emergency related traffic jobs.

DATE: 06/07/10

The apparent low bidders, Altec Industries submitted a bid without a cab and chassis included in the unit price. Based on the Traffic Safety Department's review of the bids submitted, staff is recommending that a contract be awarded to the lowest bidder meeting the department's published specifications, Philpott Motors, Nederland, Texas. Delivery is expected within five to six months.

SUBJECT: MOTIONS Consideration to award contract FY10-051 to the low bidder meeting specifications, Philpott Motors, Nederland, Texas in the amount of $81,08 1 .OO for the purchase of one aerial bucket truck for the Traffic Safety Department. The aerial bucket truck shall be used in preventative, routine, and emergency related traffic jobs. Funding for this purchase is available in the 2007 C.O. bond proceeds Department Fund.

Summary Based on Bid Evaluation Criteria

Vendor Philpott Motors Grande Truck Center Grande Ford Truck Sales Grande Truck Center Opuskane Freightliner Opuskane Freightliner Altec Industries


Notes

STAFF SOURCE: Roberto Murillo, Traffic Department Manager Francisco Meza, Purchasing Agent

Amount $ 81,081.00 $ 82,985.00 $ 83,407.00 $ 90,258.00 $ 109,371.00 $ 111,042.00 $ 52,125.00 * Incomplete Bid


A complete bid tabulation is attached.

FINANCIAL IMPACT: Funding for this purchase is available in the 2007 C.O. bond proceeds Department Fund.

Account Number: 462-98 10-535-9004- Machinery & Equipment


Bid tabulation Aerial Bucket Truck-Traffic Safety Department May 11,2010 3:00 P.M.

Section I Aerial Bucket Truck

Option 1 : Extended Warranty-2 Years 1 $ 1,351.00 $ 1,351.00 $ - $ - $ - $ - $ - $ Option 2: Extended Warranty-5 Years 1 $ 3,001.00 $ 3,001.00 $ 2,610.00 $ 2,610.00 $ 2,530.00 $ 2,530.00 $ - $ Option 2: Extended Warranty-3 Years 1 $ 2,435.00 $ 2,435.00 Option 2: Extended Warranty-4 Years 1 $ 2,465.00 $ 2,465.00 Option 2: Extended Warranty-6 Years 1 $ 2,675.00 $ 2,675.00

Equipment Make and Model 201 1 F550 wlan 201 1 F550 wlan 201 1 F550 wian Altec37-G aerial Versalift body Utem UT2141 A

unit/body Aerial

Delivery 210-240 Days 150-180 Days 90-120 Days Specifications See attached Specs See attached Specs See attached Specs

Notes: Only body, chassis not included

201 1 F550 w/an Versalift SST-37-

EIH body

150-180 Days See attached Specs

Aerial Bucket Truck

Option 1: Extended Warranty-2 Years 1 $ - $ - $ 1,359.00 $ 1,359.00 $ - $

Option 2: Extended Warranty5 Years 1 $ 2,530.00 $ 2,530.00 $ 5,029.00 $ 5,029.00 $ 2,028.00 $ 2,028.00 Option 2: Extended Warranty-3 Years 1 $ 2,435.00 $ 2,435.00 Option 2: Extended Warranty-4 Years 1 $ 2,465.00 $ 2,465.00 Option 2: Extended Warranty-6 Years 1 $ 2,675.00 $ 2,675.00

Equipment Make and Model 201 1 F550 wlan Terex LT38 High Ranger unit/body

Delivery 120-180 Days Specifications See attached Specs

201 1 Freightliner 201 1 Freightliner M2106 wlAltec M2 106 wrrerex

AT37-G LT38 21 0-240 Days 180-210 Days

See attached Specs See attached Specs

Notes: ** Multiple bids from same vendor


1 None 1

DATE:

6/71 1 0

BACKGROUND: The city received a DIR proposal for the purchase of Network equipment upgrading backbone speed for the I-Net nodes data-switches installed at different City buildings. Upgrade will improve network performance and throughput ten times using Gigabit technology for transport voice, video and, wired and wireless data improving Network communication access to Information Services and Telecommunication's (IST) centralized services such as AS1400, file sharing servers, E-Mail & Internet.

SUBJECT: MOTION Consideration to authorize thc purchase of an upgrade to I-Net equipment, increasing bandwidth and improving Network performance for the City Network, through the Texas Department of Information Resources (DIR) agency to Insight Network Solutions, Austin, Texas, in the amount of $91,856.00. Funding is available in the Information Services and Telecommunications Department Budget - Public Education and Government (PEG) Fee fund.

Proposal Summary Total Price Purchase of Network $91,856.00 I Equipment for the I-Net i

INITIATED BY:

Horacio De Leon, Assistant City Manager I --

FINANCIAL IMPACT: Funding for the purchase and installation for I-Net's Network equipment is available from the following line item budget:

STAFF SOURCE: Heberto L. Ramirez, Information Services and Telecommunications Director Francisco Meza, Purchasing Agent

1 PmVIOUS COUNCIL ACTPOB:

PEG Fee Fund - Capital Outlay Machinery & Equipment Account Number: 246-5545-555-9001 in the amount of $91,856.00

COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: It is recommended that a contract be awarded to the DIR vendor.

Address: Calence LLC, dba lnsiqht Networkinq 11 30 Rutherford Lane Bldg 2, Suite 208 Austin, Texas 78753 Order Phone: 800-369-9130 Order Fax: 512-691-9480

DIR Contract Number: DlR-SDD-236 -

#Public Works Warehouse 2 /XZ-IOGB-LX~= IOGBASE-LX4 X2 Module

CATALYST 3750E 24 1011 0011 000 PoE+2 I OGE

CAT 3750E IOS UNIVERSAL WIO CRYPT0 WITH WEB BASED DEV MGR

ClSCO STACKWISE 50CM STACKING AC Power cord, l6AWG Cisco TwinGig Converter Module 8X5XNBD SMARTNET FOR WS-C3750E-24PD-S Catalyst 3750 48 10/10011000T PoE + 4 SFP Standard Image ClSCO STACKWISE 50CM STACKING AC Power cord, IGAWG SMARTNET 8X5XNBD Cat 3750 48 10/100/1000T PoE + 4 S

Catalyst 3560E 48 10110011000 PoE+2*10GE(X2),750W,IPB slw


AC Power cord. 1 6AWG Cisco TwinGig Converter Module SMARTNET 8X5XNBD WS-C3560E-48PD-S IOGBASE-LR X2 Module

Catalyst 3560E 24 10/10011000+2'1OGE(X2).265W,IPB slw


Power Cord, 1 IOV

#Bruni Plaza 1

1

1 1 2 1 1 1 1 1

#Traffic 1

1

1 2 1 2

WS-C3750E-24PD-S

S3750EVT-12235SE - CAB-STACK-5OCM CAB-I 6AWG-AC CVR-X2-SFP CON-SNT-3750E2PS WS-C3750G48PS-S CAB-STACK-5OCM CAB-16AWG-AC CON-SNT-3750G48P

Safety 1911 Admin WS-C3560E48PD-S

S3560EVT-12235SE

CAB-1 6AWG-AC CVR-X2-SFP CON-SNT-3560E4PS

,XZ-IOGB-LR=

$ 2.995.00

$ 10,295.00

$ - $ - $ - $ - $ 824.00 $ 15,495.0OL$ $ - $ - $ 919.00

$ 13,495.00

$ -

$ - $ - $ 1,080.00 $ 4,000.00

$ 5.995.00

$ - $ -

#Bridge 1

$ 1,677.20

$ 5.765.20

$ -

$ - $ - $ - $ 659.20

8,677.20 $ - $ - $ 735.20

$ 7.557.20

$ - $ - $ - $ 864.00 $ 2,240.00

$ 3,357.20

$ - $ -

1

1

1

$ 3.354.40

$ 5.765.20

$

$ $ $ $ 659.20 $ 8,677.20 $ $ $ 735.20

$ 7,557.20

$

$ $ $ 864.00 $ 4.480.00

$ 3,357.20

$

$

WS-C3560E-24TD-S

S3560EVT-12235SE

CAB-AC

Ship To: Joel Garcia City of Laredo

Insight Nehvorking Invoice To:

956-790-1706 Phone Phone

Customer E-Mail Address: [email protected] Quote Date: 5131201 0

050310 C~ty of Laredo - Netwo& Gear

COUNCIL G0MMhJNICA"IT"ON DATE: 06/91 10

SUBJECT: MOTIONS Consideration to exercise the renewal option for annual contract FY09-059 awarded to Dust-Tex Mops and Mats, Laredo, Texas in the estimated annual amount of $50,000.00, for providing dust mops and floor mats used at various municipal buildings. The term of this contract will be for one additional year. Funding is

1 available in the various departments that utilized this service INITIATED BY: I STAFF SOURCE:

PREVIOUS COUNCIL ACTION: Awarded a year contract on 06/01/2009. The original terms of this contract was for a period with one year renewal option upon consent of both parties.

BACKGROUND: The City received five (5) bids. Staff is recommending that the contract be extended


for one year to Dust-Tex Mops and Mats used by various municipal buildings. The term of this contract I

Francisco Meza, Purchasing Agent

will be for one year period. I

needed should the City need t o purchase these commodities or services. The City's obligation for performance of an annual supply contract beyond the current fiscal year is contingent upon the availability of appropriated funds from which payments for the contract purchases can be made. If no funds are appropriated and budgeted during the next fiscal year, this contract becomes null and void. Airport 242-3 110-583-3730 Parks 101-3120-553-3730 Bridge 553-4010-533-3730 Parks 101-3 125-523-3730 Bridge 553-4061-583-3730 Police 101 -2366-533-3730 Civic Center 243-3 135-553-3730 Public Works 101-2710-533-3730 City Hall Maintenance 101-1250-5 13-3730 Solid Waste 556-25 10-533-3730 Employee Wellness 594-2062-5 13-3730 Traffic Safety 101-2610-523-3730 Fleet Management 593-2810-533-3730 Transit 558-5830-583-3730 Health 226-2910-543-3730 Water Works 557-41 10-533-3730 Health 226-6008-543-3730 Water Works 557-41 15-533-3730 Library 101 -3 170-553-3730 Water Works 557-4130-533-3730 M. Court 101-1400-513-3730 Water Works 557-4135-533-3730 M. Housing 555-3910-543-3730

, COMMITTEE RECOMMENDATION: I STAFF RECOMMENDATION: It is recommended that this action be approved.


DATE: 06/07/10

SUBJECT: MOTIONS Consideration to renew contract FY10-032 awarded to Aguaworks, Brownsville, Texas in the estimated amount of $250,000.00, for the purchase of PVC pipe used by the Utilities Department. This is the first of eight sixty (60) day supply extensions. These materials are purchased on an as needed basis for construction and repair projects. Funding is available in the Utilities Department Budget.

I

PREVIOUS COUNCIL ACTION: Approved a 60 day contract on 311 511 0.

I

BACICGROUND: The City Council authorized a contract for providing the Utilities Department with 7 7 PVC pipe for a sixty day period. 1 hese materials are currently being used for construction and repair

projects. The current term of this contract is set to expire on 5/15/10. This is the first of eight, sixty (60) day supply extensions. Aguaworks has agreed to and signed the contract renewal notice to extend the term of this contract for an additional sixty day period. Unit pricing will remain the same for the for the second extension period. Staff is recommending that this contract be renewed.


I Contract Award I

STAFF SOURCE: Tomas Rodriguez, P.E., Utilities Department Director Francisco Meza, Purchasing Agent

Aguaworks Brownsville,TX

Item Description Estimated Quantity 2" Pipe, 20'joints 1,000 3 " Pipe, 20' joints 4" Pipe, CL200 6" Pipe, CL200 8" Pipe, CL200 12" Pipe, CL200 16" Pipe, DR-18 10" Pipe, CL200 14"Pipe, DR- 1 8 2OUPipe,DR-1 8 24"Pipe,DR-18 3 O"Pipe,DK-25 3 6"Pipe,DR-25

UOM Unit Price Ft. $ .42 Ft. $ .82 Ft. $ 2.40 Ft. $ 4.60 Ft. $ 8.00 Ft. $ 17.00 Ft. $23.72 Ft. $ 12.06 Ft. $ 17.48 Ft. $ 36.84 Ft. $ 53.68 Ft. $ 65.94 Ft. $ 97.20

FINANCIAL IMPACT: The purpose of this contract is to establish prices for the commodities or services needed, should the City need to purchase these commodities or services. The City's obligation for performance of this contract beyond the cursent fiscal year is contingent upon the availability of appropriated funds from which payments for the contract purchases can be made. If no funds are appropriated and budgeted during the next fiscal year, this contract becomes null and void.

1 Account Number: 557-0000- 141 -0000 I COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION:

It is recommended that this contract be renewed.

Bid Tabulation FY10-032 PVC-Pipe Supply Contract February 19, 2010 @ 3:OOPM

Item Description Est. Qty. UOM Brand Untit Price Ext. Price 1 2" Pipe, 20'joints 2 J" Pipe, 20'joints 3 4" Pipe. CL200 4 6 Pipe, CL200 5 8" Pipe, CL200 6 12" Pipe, CL200 7 1 6 Pipe. DR-18 8 10" Pipe, CL200 9 14"Pipe. DR-18 10 2OPipe,DR-18 11 24"Pipe,DR-18 12 30"Pipe,DR-25

100 Feet 100 Feet 100 Feet

5000 Feet 25000 Feet 2000 Feet 3000 Feet 1500 Feet 1000 Feet 1000 Feet 1500 Feet 200 Feet

Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond

13 3OWPipe,DR-25 200 Feet Diamond $ 97.20 $ 19.440.00 Total $ 514,082.00

Prompt Payment Discount 1% net 10 Days

Item Description Est. Qty. UOM Brand Untit Price Ext. Price 1 2" Pipe, 20' joints 2 J" Pipe, 20' joints 3 4" Pipe. CL200 4 6 Pipe. CL200 5 8" Pipe. CL200 6 12" Pipe, CL200 7 1 6 Pipe, DR-18 8 10" Pipe. CL200 9 14"Pipe, DR-18 10 20"Pipe.OR-18 11 24"Pipe,DR-18 12 30"Pipe.DR-25 13 30"Pipe,DR-25

100 Feet JM Eagle $ 0.42 $ 42.00 100 Feet JM Eagle $ 0.85 $ 85.00 100 Feet JM Eagle $ 2.41 $ 241 .OO

5000 Feet JM Eagle $ 4.64 $ 23.200.00 25000 Feet JM Eagle $ 7.97 $ 199,250.00 2000 Feet JM Eagle $ 17.13 $ 34,260.00 3000 Feet JM Eagle $ 23.85 $ 71,550.00 1500 Feet JM Eagle $ 11.88 $ 17,820.00 1000 Feet JM Eagle $ 17.22 $ 17,220.00 1000 Feet JM Eagle $ 36.97 $ 36,970.00 1500 Feet JM Eagle $ 53.43 $ 80,145.00 200 Feet JM Eaale S 66.25 $ 13.250.00 200 Feet JM Eagle $ 107.07 $ 21,414.00

Total $ 515,447.00

Brand Untit Price Ext. Price Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond $ 97.53 $ 19,506.00

Total S 514 823.00

--

Brand Untit Price Ext. Pr~ce Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond Diamond 98.23 $ 19,646.00

Total $ 514,986.00

Prompt Payment Discount 0%


DATE:

06/07/10

SUBJECT: MOTIONS Consideration to award a contract to Briggs Equipment, Laredo, Texas in the amount of $51,395.84 through the State of Texas - TXMAS cooperative purchasing program for the purchase of one trailer mounted portable pump. This mobile pumping equipment shall provide the necessary water pressure to critical locations in the city in cases of emergency. Funding for the purchase of this equipment is available in the Utilities Department Fund.

1 PREVIOUS COUNCIL ACTION: None. I

I

BACKGROUND: Staff is requesting authorization to award a contract to Briggs Equipment, Laredo, Texas through the Texas Multiple Award Schedule (TXMAS) cooperative purchasing program. This


pump shall be used during emergency water service interruption due to unavoidable infrastructure damage or natural disasters. This trailer mounted portable pump shall provide water to critical locations such as hospitals during emergencies.

STAFF SOURCE Tomas Rodriguez, P.E., Utilities Department Director Francisco Meza, Purchasing Agent

Briggs Equipment 8422 Tejas Loop Laredo, TX 78045

Description TXMAS Pricing for Equipment: IP550D1-TC Custom Pump TXMAS-9-56060 Trailer 60 FJ

Total Price $ 51,395.84

FINANCIAL IMPACT: Funding for this purchase is available in the Utilities Department Fund.

I Account Number: 557-4187-538-0359


T T X V ~ r - , P \ - ~ 3 , 3 < T > - a ,--- COez:~i , l j~ 'L i~>i; . , . i vi,rIi, L . ~ i is?; - --i

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' - 7 " , i.d.j.;,:i :,zy. C 13 ;'"."A ">:.L, (?.<'. ' : - - ? - - z *>,?$.,'-:>j>-qc.7,: .<,>;:4, 1 >,.,.~;-,!:;;

b J L L:L%LLL'~...., 2 ~ : ' . . L ! - [ : . ' . ~ s * * l \ : ~ - '-:&.. -,.. :i .LC- *,.,.L u -

;, A ,,, 'Z.. 'f T ; --, .. . 9 . .- . .. . . . . . ;-,.:., t L,, !L,j..!.,, 7: i:'<;j:; [l;:!:'i?i[ 1i2;;!.;iL7 cCp;?;-!~~.:; ( L l ~ : ; ~ ? ~ , ; ~ ) f , j r :]I.;' I l ~ ; ; , - ~ : : ri:~"i't .. * . ts t:c:t, L.,., !-,-.!-::;,,. L : . u r ? l ! l ~ - r i i ! ILi ',,Ci,.- ,.., ilae(i~fi zEcl. ~>;i[;'lji jI; a. ('y;;.: lif12sii~ii?,r[~~jil l-::.,it.[;<*i hc .FA %' -' - A.dv~ici:d Vapci. Compressioi~ Tjcsaliila.'!.ion I j i l~t Fl::ljt dt:sizlie~i, cfins.iructsil a!:d installed by the Tesrts Engineeting Esperirn,:nt Statioil (T:EES), pui:susiit to 3::

Interagency Agreeinelit between the Ci-ty of Laredo a2d TEES.

I

PREVIOUS COUNCIL ACTION: On August 25, 2008, TEES staff presented inforination regarding the desaliiiation pilot plant. On November 3, 2008, City Council made a motion in support of this proposal by TEES. On March 16, 2009, an Interagency Agreement with TEES was approved for the design, construction and installation of pilot plant (Resolution No. 2009-R-020).

i

BACKGROUND: Terrabon holds a license for technical information and patent rights in a certain desalination process. Terrabon is proposing to give the City a sublicense in exchange for their right to develop this technology. This sub-license agreement is necessary in order to utilize the cutting edge technology begin offered by Tesrabon at the advanced vapor compression desalination pilot plant that will be able to process approxiniately 50,000 gallon per day of brackish water at a city plant designated by the Utilities Director. TEES will subcontract with TERRABON, LLC to provide test systems and production systems for the pilot piant in Laredo. T E W B O N wiii assist the city and TEES in tine installation and operation of the plant.

131TiATED BY: I Carlos R. Villarreal, City Manager

/ FINANCIAL IMPACT: NONE

STAFF SOURCE: Tomas M. Rodriguez, Jr., P.E. Utilities

COhlN%=lL COMMUNICATION

DATE:

6/71 10

SUBJECT: MOTION Consideration for acceptance, final payment and release of retainage in the amount of $47,165.00 to Leyendecker Construction Co, construction services in the Jefferson Street Water Treatment Plant Primary Clarifier Repair No. 2 repair and High Service Pump Valve Replacement project. The total cost of the project was $1,979.384.20 funded under the 2006 Utility Revenue Bond.

INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Assistant City Manager Tomas M. Rodriguez Jr., P.E., Utilities Director

PWVIOUS COUNCIL ACTION: 611610: Change Order No. 1 was approved in the amount of $302,432.80 for demolition of abandoned clarifier.

09/17/07: Council approved award of a contract to low bidder Leyendecker Construction in the amount of $1,676,95 1.40 for the repair of the Primary Clarifier and Valve Replacement.

Our engineers (LNV Engineering) has review the final completion application from Leyendecker Construction Co. and received required Certificates of Completion, Warranty Letter, Consent of Surety Company for Final Payment, and affidavit of Payments of Debts and Claims. The Contractor completed work as specified in the contract documents on January 31,2010. It is recommended that retainage on the project be released and final payment provided.

We recommend the completion of this project.

Original Contract. .......................... .$ 1,676,95 1.40 Change Order #I . . ......................... ..$ 302,432.80

Total $ 1,979,384.20

FINANCIAL IMPACT: Funding is available in the retainage payable account 557-0000-206-01 10

-

COMMITTEE RECOMMENDATION: Operations Committee Finance Committee

STAFF RECOMMENDATION: Accept Completed Project and Release Contract Retainage

engineers 1 architects I contractors SOLUTIONS TODAY WITH

A VISION FOR TOMORROW

May 14,2010

Tomas M. Rodriguez Jr., P.E. Utilities Director 5 8 16 Daugherty Laredo, TX 78045

Re: Jefferson Street Water Treatment Plant Primary Clarifier No. 2 Repairs & High Service Pump Station Valve Replacement

Dear Tomas,

Attached are the following project acceptance documents for the City of Laredo Jefferson Street Water Treatment Plant Primary Clarifier No. 2 Repairs and High Service Pump Station Valve Replacement Project.

Certificates of Completion Warranty Letter Consent of Surety Company to Final Payment Affidavit of Payments of Debts and Claims and Release of Liens

(B Final Pay Request

The Contractor completed work as specified in the contract documents on January 3 1,2010. It is recommended that retainage on the project be released since all warranty and project acceptance information has been provided.

If you have any questions or require additional information, please feel free to contact me at (361) 883- 1984.

Sincerely,

Marcus d ~ a i s e r , P.E. Project Manager LNV, Inc.

801 NAVIGATION I SUITE300 I CORPUSCHRIST1,TEXAS 70408

OFFICE 361.883.1984 1 FAX 361.883.1986 1 ~W.LNVINC.COM

AFFIDAVIIT OF PAYMENTS OF DEBITS AND CLAIMS AND RELEASE OF LIENS

TO: CITYOFLAREDO PROJECT: Jefferson Street -Water P. 0 . Box 579 Treatment Plant; Clarifier No. 2 Laredo, TX 78040-0579 Laredo, TX

BY THIS INSTRUMENT THE UNDERSIGNED WHO PERFOMS THE CONSTRUCTION WORK HEREBY CERTIFIES THAT ON THIS DATE, OR ANYTIME PRIOR THERETO, EXPECT AS LISTED BELOW, HE HAS PAID IN FULL OR HAS OTHERWISE SATISFIED ALL OBLIGATIONS FOR ALL MATERIALS AND EQUIPMENT FURNISHED, FOR ALL WORK, LABOR AND SERVICES PERFORMED AND FOR ALL KNOWN INDEBTEDNESS AND CLAIMS AGAINST THE UNDERSIGNED FOR DAMAGES ARISING IN ANY MANNER ON OR AGAINST THE PROJECT, ITS LAND, IMPROVEMENTS AND EQUIPMENT OF EVERY KIND.

THE UNDERSIGNED HEREBY CERTIFIES THAT HE HAS RECEIVED ALL PAYMENTS CURRENTLY DUE UNDER HIS CONTRACT FOR WORK ON THE PROJECT (EXCEPT RETAINAGE) . THEREFORE, THE UNDERSIGNED DOES HEREBY WAIVE AND/OR RELEASE ANY AND ALL LIENS AGAINST THE PROPERTY PROJECT AND AS OF THE loth. DAY OF February ,2010.

LEYENDECKEW CONSTRUCTION IN6 . Name gfOqopt[pc,fdPi/ Sub Contractor

BY Paul A. ~ekencfecker, V-President

STATE OF TEXAS COUNTY OF WEBB

BEFORE ME ~j INDERSTAND AUTHORITY, ON THIS PERSONALLY APPEARED F C :& y 7 r ( < p ~ i l ; KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUSCZRIBED TO THE FOREGOING INSTRUMANT, AND, BEING FIRST DULY SWORN, ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PRUPOSE AND CONSIDERATION THEREIN EXPRESSED AND DECLARED TO ME THAT THE STATEMENTS CONTAINED THEREIN ARE TRUE.

TO BEFORE ME THIS / L :( DAY OF

Document 6703'" - 1992 Continuatjon Sheet Page 1 of 2

AIA Document G702TM, Applicat~on and Certification for Payment, APPLICATION NO: 8 t 1 n a 7 ~ - - - - containiii~g Contractor's signed certification is attached. PROJECT: Jefferson Street

APPLICATlON DATE: 0211 01201 0 I11 tabulations below, amounts are stated to the nearest dollar. Water Treatment Plant

PERIOD TO: 01/31/2010 Use Column I on Contracts where variable retainage for line items may apply. =*.,

ARCHITECT'S PROJECT NO: UL.3 Water Treatment Plant

14 I WORK COMPLETED

1 TOTAL

COMPLETED BALANCE I

ITEM DESCRIPTION OF WORK X H E D u L E D FROM PREVIOUS Yo TO PRESENTLY AND STORED REl'ALi\iAGE

NO VALUE APPLICATION THIS PERIOD STORED TO DATE fG-C) FIEIiSH (li I , C I J . ~ L I ~ ? / ~ rure J

(0 + El ( N o f l n D o r E ) ( D + E + ~ ic - G) I I

1 I I I I I I I I - 1 i CAUllOM: You shcsu%d sign an original AEA Contract Document, on v~hlch this text appears in RED. An original assures that chalactes will not he obscu~ex;.

. . - AIA Document G703TM - 1992. Copyright O 1963, 1965, 1966, 1967, 1970, 1978. 1983 and 1992 by The American Institute of Architects. All rights reserved. WARNING: T171s ~l~ '3~?na!mar: ; : I:j jir.i:ii:i<~t:.l ::y !I.>:. Ca:;vis:;; Law and International Treaties. Unauthorized reproduction or distribution of this ~ l ~ @ ~ o c u m e n t , or any portion of it, may result in severe civil an6 criminai panaitics, atrd wiit be prosecu:.ei: LI: rhc i?:a-i,i*i~iii ex%?:;. possible ~ ~ n d e r the law. Purchasers are permitted to reproduce ien (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The Arnel.ica11 Institute of Architects' legal counsel, [email protected].

Document G783TM - -1992 Continua tion Sheet Page 2 of 2

6 --

AIA Docu~~lent G702TM, Appl~catioii and Certification for Payment, AQPLlCATBON NO: b i n 7 contain~ng Contractor's signed cert~ficat~on 1s attached. PROJECT: Jefferson Street APPLiCATlON DATE: 0211 0/2010 In tabulations below, amounts are stated to the nearest dollar. Water Treatment Plant

PERIOD YO: 01/31/2010 Use Column I on Contracts where variable retainage for line items may apply.

ARCHBTECT'S PROJECT NO: #23 Water Treatment Plant

A B C D E F G WORK COMPLETED TOTAL

COMPLETED DALANCC

ITEM DESCRIPTION OF WORK SCHEDULED FROM PREVIOUS PRESENTLY AND STORED (C a NO VALUE APPLICATION THIS PERIOD STORED

TO DATE fD + EJ (Not m D or Ej (D + E + F)

~ 2 5 Demo Valve & Manhole Lower Plant $20,800.00 $20,800.00

CAUTION: You should sign an original M A Contract Document, on which this text appears in RED. A n QC'~@IPC~;~ assures PI-rat changes will not be O~SCUTC*; . --

AIA Document G703T'4 - 1992. Copyright @ 1963, 1965, 1966, 1967, 1970, 1978, 1983 and 1992 by The Amerlcan lnstrtute of Archrtects. All rights reserved. VtARNING: .rl?ia ii.l:%'~or:itme~:r is , . ~ r d t ~ ~ . t r ~ ~ ' ~ 9 :7 5 i:o<,yi I : ) ) ~

Law and International Treataes. 14nauttlorized reproduction or dtstr~button of thfs ~1~'@h)ocun1ent, or any portion of it, may resuit cn severe civil and c.-rminai penalties, and wtli be f?rose::vrer: i ? rl~e it~ctirvi ,-iia,.,,: poss~ble under the taw. Purchasers are permitted to reproduce ten (10) copies of this document when completed To report copyright violations of AIA Contract Documents, e-mail The American lnst~tute of Arch~fects' legal counsel, copyr:ght@a~a org

Certification of Completion By Leyendecker Construction Inc.

We hereby certify that the work on project; " " has been completed in substantial

compliance with the Plans and Technical Specification.

Paul ~evehdecker

Title: Vice President

Date: Januarv 15. 2010

LEYENDECmR CONSTRUCTION, INC* CONSTRECTORS AND ENGINEERS

LMtKDO, TEXAS 78041

TELEPHONE (956) 722-0531 P.O. BOX 1827 FAX (956) 722-821 5 4220 SANDEKS

Date: 3anuary 1 5 , 2010

~ , k City o f L a r e d o J e f f e r s o n Water Street Treatment P l a n t

Gentlemen,

Levendecker Construction, Inc. guarantees all materials and workmanship on the above-mentioned project to be free of defects for a period of one (1) year from the date of acceptance by the Owner. Upon notice, any defective materials or faulty workmanship developing within this period will be replaced at no cost to the Owner.

Sincerely,

Leyendecker constk'kction, Inc.

CONSTRUCTION. CONSTKUCI'ION MANAGEMENT, ENCIPJEERIKG & ARCIIITECTURE

System Contro Instrumentation, Ltd

4 9218 In-48 E. 40% Elkingtoti Loop Converse, TX 78109 Lareds, TX 78045 Phone: 21 0661-9901 Phone: 956-726-1774 Fax: 210-666-5575 Fax: 966-725-4239

TECL # 18461

Letter of Warranty

PROJECT: Jefferson Street Water Treatment Plant Primary Clarifier No. 2 Repairs & HSPS Valve Replacement Laredo, Texas

System Controls & Instrumentation, Ltd hereby warrants the instrumentation, electrical wifing and equipment which we have installed at the Jefferson Water Treatment Plant, Laredo, TX, as relates to referenced project, to be free from defects in material and workmanship for a period of 1 year from the date of completed installation, 4130108. - This Warranty does not apply to any product(s) which have been subject to abuse, mishandling, or improper use. This warranty also does not apply to the replacement of light bulbs.

Warranty service will normally be performed between the hours of 8:OO AM to 5:00 PM local time, Monday thru Friday, exclusive of System Controls & Instrumentation, Ltd holidays. Warranty service requested to be performed at other than System Controls & Instrumentation, Ltd normal business hours shall be chargeable at our standard overtime rate. Should Equipment fail, the overtime ruling would be waived.

This warranty will be void unless contract price plus all approved change orders are paid in full.

SUBMITTAD BY: Svstem Controls & Instrumentation, Ltd

. ..--, . - ~ -

Mark Nelson, South Texas Division Manager

14 April 201 0 Date

DATE : J a n u a r y - 1 5 , -. 2010

C O M ~ A N Y : M & C Painting --.

3320 S. Louisiana --

RE: Warrarity Letter - C i t y o f L a r e d o J e f f e r s o n Water S t r e e t T r e a t m e n t P l a n t

Gent Lernen I M & C Painting yuarankees a l l nlak,erials and worlunan-

sltip on the above referred project Lo be free of defechs f o r a period of orle (1) year froin tile dake of acceptar~ce by the Owner. Upon notice, any defective materials and faulty worlcnlanstlip developirlg wi t h i i ~ t h i s period, will be' replaced at: 1.10 cost to the owirer.

S i n c e r e l y , t-

--

uzco, M & C Painting

CONSENT OF ARCHITECT OWNEW EI SURW COMPANY B

CONTRAOOR

80 FlNAL PAYMENT SURETY 17 OTHEK

AIA DOCUMENT G707 Bond No,: 10501 5248

PROJECT: Jefferson Street Water Treatment Plant Clarifier No. 2 (name, address) Laredo, TX

YO (Owner)

r ~ i t y of Laredo 11 10 Houston St. Laredo, TX 78040

1 ARCHITECTf§ PROJECT NO:

CONTRACT FOR: Construction

L _J CONTRACT DATE: October 1 I, 2007

CONTRACTOR: Leyendecker Construction Inc. P, 0. Box 1827 Laredo, TX 78044-1 827

In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the there insert name and address of Surely Company)

Travelers Casualty and Surety Company of America One Tower Square 3PB , SURETY COMPANY,

Hartford, CT 06183 OR bond of (here inrert name and address of Contractor)

Leyendeclcer Construction Inc, P. 0. BOX 'l827 , CONTRACTOR, Laredo, TX 78044-1 827

hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (hero tnxsrt name and addrcrr at Owner)

City of Laredo . I 110 Houston St. , OWNER,

Laredo, TX 78040 as set forth in the said Surety Company's bond.

IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 21 day of April

Travelers Casualty and Surety Company of America Surety Company

Kerry J. Woods, Attorney-in-Fact Title

NOTE: 'l lt ir form is to be used a5 a companion document to A1A DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition

AIA DOCUMENT G707 - CONSENT OF SURETY COMPANY TO FINAL PAYMENT - APRIL 1970 EDITION - AIAQD @ 1970 ' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASfiINCTON, 0.C. 20006

ONE PAGE

AFFIDAVIT OF PAYMENTS OF DEBTS AND CLAIMS AND ELEASE OF LIENS

TO: C i t y o f L a r e d o PROJECT: J e f f e r s o n ' i J a t e r S t r e e t 1110 H o u s t o n S t r e e t T r e a t m e n t P l a n t L a r e d o , T e x a s 7 8 0 4 0

BY THIS INSTRUMENT T H E UNDERSIGNED WHO PERORMS THE CONSTRUCTION WORK HEREBY CERTIFIES THAT O N THIS DATE, OR ANYTIME PRIOR THERETO, EXPECT AS LISTED BELOW, HE HAS PAID IN FULL OR HAS OTHERWISE SATISFIED ALL OBLIGATIONS FOR ALL MATERIALS, AND EQUIPMENT FURNISHED, FOR ALL WORK, LABOR, AND SERVICES PERFORMED AND FOR ALL KNOWN INDEBTEDNESS AND CLAIMS AGAINST THE UNDERSIGNED FOR DAMAGES ARISING IN ANY MANNER O N OR AGAINST 'THE PROJECT, ITS LAND, lMIIROVEMENTS, AND EQUlPMENT O F EVERY KIND.

THE UNDERSIGNED HEREBY CERTIFIES THAT HE HAS RECEIVED ALL PAYMENTS CURRENTLY DUE UNDER HIS CONTRACT FOR WORK ON THE PKOJEC'I' (EXCEPT RETAINAGE). THEREFOR, THE UNDERSIGNED DOES HEPIEBY WAIVE AND/OR RELEASE ANY AND ALL, LIENS AGAINST THE PROPERTY AS OF TI-IIS

1 5 t h DAYOF J a n u a r y , 2 0 1 0 *

I I I P G E n t e r p r i s e s N W l E OF SUBCONTRACTOR

P e d r o G o n z a l e z

PRINT NAME

STATE OF TEXAS COUNTY OF WEBB

BEFORE ME, THE UNDERSIGNED, ON 'THIS PERSONALLY APPIZAKEL) P e d r o G o n z a l e z ; KNOWN T O ME 7'0 BE THE PERSON WHOSE NAVE IS

SUBSCRIBED 3 . 0 THE FOREGOING INSTRUMENT, AND, BEING FIRST DULY SWORN, AKNOWLEDGED THElUN EXPRESSED AND DECLARED T O ME THAT THE STATEMENTS CONTAINED THEREIN AKE TRUE.

ME BEFORE THIS 1 5 t h - DAY OF'

AFFIDAWT OF PAMWENTS OF DEBITS AND CLAIMS AND RELlEASE OF LIENS

TO: C i t y o f L a r e d o 1110 Hous ton S t r e e t L a r e d o , T e x a s 78040

PROJECT: J e f f e r s o n Water S t r e e t T r e a t m e n t P l a n t

BY THIS INSTRUMENT T H E UNDERSIGNED WHO PERORMS THE CONSTRUCTION WORK HEREBY CERTIFIES THAT ON THIS DATE, OR ANYTIME PRIOR THERETO, EXPECT AS LISTED BELOW, HE HAS PAID IN FULL O R HAS OTHERWISE SATISFIED ALL OBLIGATIONS FOR ALL MATERIALS, AND EQUIPMENT FURNISHED, FOR ALL WORK, LABOR, AND SERVICES PERFORMED AND FOR ALL KNOWN INDEBTEDNESS AND CLAIMS AGAINST T H E UNDERSIGNED FOR DAMAGES ARISING IN ANY MANNER ON OR AGAINST THE PROlECT, ITS LAND, IMPROVEMENTS, AND EQUII'MENT O F EVERY KIND.

THE UNDERSIGNED HEREBY CERTIFIES TIHAT I-IE HAS RECEIVED ALL PAYMENTS CURRENT1,Y DUE UNDER HIS CONTRACT FOR WORK ON THE PROJECT (EXCEPT RETAINAGE). THEREFOR, T H E UNDERSIGNED DOES HEREBY WAIVE AND/OR RELEASE ANY AND ALL LIENS AGAINST THE PROPERTY AS OF THIS

1 5 t h -DAYOF J a n u a r y , t%CX% 2010

PRINT NAME

STATE O F TEXAS COUNTY OF WEBB

BEFORE ME, '1'1iE UNDEItSIGNED, O N THlS PERSONALLY APPEARED Mario V e r d u z c o ; KNOWN T O ME T O BE 'CHE PERSON WHOSE NAME IS

SUBSCRIBED T O T H E FOREGOING INSTRUMENT, AND, BEING FIRST DULY SWORN, AKNOWLEDGED THERIN EXPRESSED AND DECLAIED TO ME THAT THE STATEMENTS CONTAINED THEREIN ARE TRUE.

ME BEFORE THIS lS th DAY

DATE: 06/07/10

SUBJECT: MOTION Authorize the City Manager to amend the professional services contract with CAPEX Consulting Group in the amount of $42,650.00 for a new total amount of $79,625 .OO for the extension of professional services of public involvement and rate study scenario modifications and related meeting and coordination with City and Financial Services. Funding is available in the 2008 Bond.

INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Assistant City Manager Tomas M. Rodriguez, Jr. P.E., Utilities

Director

PREVIOUS COUNCIL ACTION: On June 1,2009 the City Manager authorized a professional services contract in the sum of $36,975.00 to CAPEX Consulting Group for the design, modeling, and providing a Water Rate Study and Long Range Financial Plan.

BACKGROUND: This original service was to provide the technical evaluation and development of rate model to provide for Capital Improvements funding. This consultant is the provider of the Sewer Rate Study and would now be expected to provide a similar analysis of our rate structure to include demographic analysis, confirmation of revenue requirements, update of user characteristics and customer class identification, water cost fictionalization, alternatives to the current rate design, provide all presentation, reporting, and public involvement as necessary to support the direction of the City. The current projection pending approval for completion of this study was 4 months. However, due to the direction to provide multiple scenarios for consideration and presentation enhancement for council and the projected public involvement we are now recommending to amend the contractor Funding is available from surplus under consultant services, 557-41 85-533-5526.

FINANCIAL IMPACT: Funding is available in the 2008 Water Revenue Bond, Acct # 557- 41 85-533-5526 (Consulting Services).

COMMITTEE RECOMMENDATION: Finance Committee

STAFF RECOMMENDATION: Approve Motion

&,&,an ?ilonten?a)or UtiIi[ir3s Operatrons hianager City cf Laredo Waier Utilitres Deparrrnect 5816 Baugherty Avenire P 0 Box 2950 Laredo. Texas 18044

RE: Amendment to Retail Water Rate Restructuring Study and Water and Wastewater bong Tefm Financial Plan

Dear bd.ilr. bitonternaycr:

Thank you for allo~virlg Capex Consult;ng Group the o2~oeanity to provide addiriarial .;er"ices related ifi your ongoing water and wasrewaier financirig needs, We are a projecr finance and economic consiliting ii:m bas2d in Friszo. Tsxas. Our primary clients are local gover::mental e~siities iike the City of laredc. The firm has more than a decade of sxperience in water and viastewate: ~t i i i ty operations and ec~nomieifinancial management.

Per our previous conversations and ernail correspondence t ~ e scope of $tori( ~ssoc~atsd 1~1th the criginai uti1iiy rate study has been ccmpieted to tha sztrsfacticr: of the C ~ t y However, additional preserlta!ions ar;d funding szenarros are required due to tne varrab!e riature of the capital I C I S ~ O V E ~ I ~ ~ ~ ~ placjs) and related fundtrig as bvell as the City s con;rr,itrnent to a h ~ c ~ i ' degree o i pubiic invoijemeni rr? thz rare s5rting process

Based on my understanding of your various needs, I propose that the original contract be amended to include total additional fees and expenses of $42,650 A deta:led SieaXdawn a i groposed ?asks and le1ieI of effcn is provrded in rhe table on the fo!lo\&ing pa$@

i PROPOSED PRQFESS1BN;Sk FEES #&ID EXPEFJSES

I Tasks

i Develop FAor:Wly Re.,encie and Expense Fortlcasi Ternpiaia with &l%itipie i Consumpiion and Account Fro~vth S c e n a r : o ~ i

Meetings & Related R e ~ s i o n s

Total Hours --- - - Totaf ~rofess iona l -~ees

MeetingslTrips

ExpenselTrip Data Gathering Revew DataiFlndings with Staff Meet wtth C~ty Counc~l Publtc &leet!ngs Total

1 Total Travel Expenses

/ P i in tng and Reproduc:!on I I ,

if th~s proposal is acceptable to yoi; please execute one cocy of tbrs letter acd return ~t to our Frisco ofice Thank you for th~s opportunrty we Icok for,vard to orki king ;w!h you on th~s rmportant erlgagemeni

Very Truly Yours

Jeff G. Snowden Principal

ACCEPTED BY:

- --

Date

ACCEPTED 22.


DATE:

61071 1 0

SUBJECT: MOTION Authorizing the City Manager to approve Change Order No. 2 to Austin Engineering Co. in the amount of $60,396.00 for a total contract amount of $1,023,126.00 Change Order #2, is due to unforeseen conflict with AT&T and AEP underground utility lines. Funding is available under 2007 Utility Sewer Bond.

INITIATED BY: STAFF SOURCE: Jesus M. Olivares, Assistant City Manager Tomas M. Rodriguez Jr., P.E., Utility Director

PREVIOUS COUNCIL ACTION: On 11/03/08 City Council approved contract to Austin Engineering Co. under 2007 Utility Sewer Bond Act. #559-428 1-538-0363 On 111 9/09 City Council approved increase contract time for a total of 230 Days.

BACKGROUND: The Project consists of installing a 24" gravity sewer line along Mines Rd. and a Steel Bridge across Manadas Creek to eliminate the existing siphon. Construction at this time is on time, however due to changes in the field to make possible the project we are requesting an increase due to a unforeseen conflict with AT & T and AEP underground utility lines. Staff concurs with change order.

The Change Order No. 2 is to increase $60,396.00 for a total of $1,023,126.00. The project will be increase a 6.27%.

Contract Amount Contract Time Original $ 962,730.00 Calendar Days 180 Days Change Order #1 0.00 Calendar Days 40 Days (+) Change Order #2 $ 60,396.00 Calendar Days 20 Days (Rain) Total $1,023,126.00 Calendar Days 240 Days

FINANCIAL IMPACT: Funding in the 2007 Utility Bond (Sewer Rehabilitation) 559-4281- 538-0363.

COMMITTEE RECOMMENDATION: Finance and Operations Committee

STAFF RECOMMENDATION: Approval for Motion

CITY OF LAREDO - UTILITIES DEPARTMENT PROHJECT: 24 IN. SANITARY SEWER MANADAS CREEK CONTRACTOR : AUSTIN ENGINEERING, CO.

You hereby to requested to comply with the following changes from the contract plans and specifications

< - - - - - . . PERCENTAGE INCREASE 1.0627347 S 60,396.00 --..-

Reason: D u e t o u n f o r e s e e n conflict with AT & T a n d AEP underground utility l ines Original

Contract Time 180 Calendar Days Change Order No.1 40 Calendar Days Change Order No. 2 20 Calendar Days Total Contract Time 240 Calendar Days


DATE:

610711 0

SUBJECT: MOTION Authorize the City Manager to amend the professional engineering services contract in the amount of $36,577.50 to Sherfey Engineering Company, L.L.C., Laredo, Texas for the Chacon Creek Wastewater Interceptor Phase 2. The total new contract amount is $496,022.50. Funding is available in the 1998 Sewer Bond.

PREVIOUS COUNCIL ACTION: Contract was awarded to Sherfey Engineering Co., on November 15, 199. Amendment # 1 was awarded on December 18, 2000. Amendment # 2 was awarded on June 16, 2003. Amendment # 3 was awarded on December 20, 2004. Amendment # 4 was awarded on November 5,2007.

I

BACKGROUND:

INITIATED BY: Jesus M. Olivares, Assistant City Manager

This amendment is for the additional surveying, new and revised permanent easement descriptions and construction easements, redesign of approximate 5,000 linear feet of sewer line and design of the force main connection to the line.


Amount Original contract.. ..................................... .$247,500.00

.......................................... Amendment #I $ 91,300.00 Amendment #2 ................................................ 34,480.00 Amendment #3 ................................................ $ 69,l 15.00 Amendment #4 ................................................. $ 17,050.00 Amendment #5.. ................................................ 36,577.50 Total $496,022.50

FINANCIAL IMPACT: Funding is available in the 1998 Sewer Bond account # 559-4275-538-0216.

COMMITTEE RECOMMENDATION: Operation Committee Finance Committee

STAFF RECOMMENDATION: Approval of motion.

Sherfey Engineering Company, L.L.C.

April 19, 201 0

Mr. Pomas M. Rodriguez, Jr., P.E., Director City of Laredo Water Utilities Department The City of Laredo 581 6 Daugherty Avenue Laredo, TX 78046

Attn: Ms. Gloria Perez Saavedra, P.E.

Re: Chacon Creek Wastewater Interceptor Phase 2

Dear Mr. Rodriguez:

The Chacon Creek lnterceptor project is nearing completion. After several months of being on hold, due to the issue of easements that had not been acquired and due to the conflicts with the existing gas line, the project was re-started in early January.

As you are aware, there were several conflicts with an existing gas line along the proposed route of the 2 4 sanitary sewer line. The conflicts arose as a result of the actual gas line being approximately 20 feet away from the actual gas markers that were originally located by field survey during the design process. During the original design of the project the gas markers were field surveyed and then verified through the Utility Coordination process. The 24" sanitary sewer line was then aligned and designed to maintain a minimum of 20 feet from the existing gas line. Easement surveys were prepared for the proposed alignment and submitted to the City. The easements through the park were granted to the City from the County. The easements through the Jacaman property were never acquired by the City.

During the construction phase it was discovered that the actual gas line was approximately 20 feet away from the field markers. This conflict required us to have numerous .meetings in the field; required extensive additional field surveying to ascertain a viable new alignment; required the preparation of new permanent and construction easements; and required the redesign of approximately 5,000 linear feet of sanitary sewer line. Additionally, the City asked to include the design for redirecting an existing force main to this new line. All of these additional services have been performed without any contract modification.

Therefore at this time I am respectfully requesting a contract modification with respect to professional services fees associated with the variety of issues that have occurred over the course of the project. The additional fees being requested will cover the professional services rendered for the above-referenced re-design, preparation of numerous easements and additional surveying services. Although the project ran several months over the original amount in the construction phase of the

104 Del Court, Ste. 400 @ Laredo, Texas 78041 @ Tcl. (956) 791-351 1 @ Fax (9 36) 791-3144

Proposal for Contract Modification 1 Amendment Chacon Creek Wastewater Interceptor Phase 2 April 19, 2010 Page No. 2

project, we were able to cover our costs under the original contract. As such we are not requesting any additional construction phase services for this project.

At this time we respectfully request a contract modification I amendment of $36,577.50, summarized as follows:

$1 1,042.50 for additional surveying & new and revised easement descriptions $25,535.00 for redesign of approximately 5.000 feet of sewer line & design of

the force main connection to the line.

" Please see the attached Exhibit for a detailed description outlining our time and ego& associated with our request.

Mr. Rodriguez, thank you for your consideration of our request for this contract modification. Should you have any questions concerning this matter or if any additional information is required, please do not hesitate to call me.

Respectfully submitted,

SHERFEY ENGINEERING COMPANY, L.L.C. Firm Registration No. 3132

~ & m m a P. Sherfey, P.E. \) r ~ r q e c t Manager -

Sherfey Engineering Company, L.L.C.


DATE: SUBJECT: MOTION AhiTHORIZlNG THE CITY MANAGER TO ACCEPT THE DEDICATION OF THE FOLLOWING UTILITY EASEMENT:

1. Dorel Laredo Holdings, L.L.C. - A 8 foot wide easement containing 0.35 acres (15,2126 sq. ft.), more or less, out of Lot Two (2), Three (3) and Four (4), Block 2 James Haynes Industrial Park, Unit VI as recorded in Volume 24, Page 63, Plat Records of Webb County, Texas; being more particularly described by metes and bounds in "Exhibit A", attached hereto, and as shown on survey attached hereto as "Exhibit B".

2. Dorel Laredo Holdings, L.L.C. - A 12 foot wide easement containing 1 .O1 acres, more or less, out of a called 29.9 acre tract of land, being listed as Exhibit "B", Tract "2-A in a partition deed recorded in volume 2819, Pages 305-3 19, also being out of a called 66.5 acre tract of land, recorded in Volume 3, Pages 415,416 11 1"' Judicial District Minutes, Webb County, Texas, dated February 13, 1940, also being out of Porcion 3 1, Abstract 3 1 16, Jose Trevino, Original Grantee, City of Laredo, Webb County, Texas, being more particularly described by metes and bounds in "Exhibit A" attached hereto, and as shown on survey attached hereto as "Exhibit B".

1 PREVIOUS COUNCIL ACTION: NIA

INITIATED BY: Celina Rivera, Real Estate Manager Community Development

BACKGROUND: NlA


FINANCIAL IMPACT: Land-557-0000-1 61.00-00

COMMITTEE RECOMMENDATION: I STAFF RECOMMENDATION:

To Pass this Motion To Pass this Motion

Notice of confide~tisiiQ/ rights: Tf you nrs 2 nafilrz!: person, ynli may remove cr strike any or all o f the following information froas ally i-nsirument that tr3nsfem.s an interest i~ real yroperigi beforc i t i s fiEiXed XOE- record if: $he public atcord,.;: your Social Sccuritj* nambei. or your I?ri.ier's license nun~ber,

UTILITY EASEMENT

THE STATE OF TEXAS fj XGqO'CV ALL MEN BY THESE PRESENTS

COUNTY OFWEBB . fj

That the undersigned Dorel Laredo 13[oldings, L.L.C., of the State of Texas, Cou~~ty of Webb,

hereinafker referred to as "Grantors," have GRANTED, CONVEYED and DEDICATED and by

these presents do hereby GRANT, CONVEY and DEDICATE unto the CITY OF LAREDO, a home

rule city and political subdivision of the State of Texas, its successors and assigns, hereinafter

referred to as "Grantee", the right to perpetually maintain utility lines upon and through the utility

easement, giving Grantee the right to construct, reconstruct, and repair the utility easement, together

with all necessary laterals and appurtenant facilities, in, over, uponand across the following tract o f

land in Wcbb County, Texas:

A tract of land containing 0.35 acres (15,126 sq. fi). more or less, out of Lots Two (2), Three (3) and Four (4), Block 2, James Haynes Industrial Park, Unit VI as recorded in Volume 24, Page 63, Plat Records of Webb County, Texas, being more par-ticulariy described by metes and bounds in "Exhibit A" attached hereto, and as shown on survey attacheahereto as "Exhibit B".




TO WAVE ~Qr'i) TO I-ISfLD the s s i . ~ ~ perjetilally -to Grantee, togctber wi-ib ths right sin&

privilege at ariy and ali tirnes to enter said premisss, or a:iy p r ~ t tbcreof, for tibe yuypose of

cocstrrrcfing, i - e~o~~s t : '~~ t jng~ r~l>:!iiii~iilg, and ;~~ainiainii:g ~ t3 I i iy lines, inclading fill necei;sxy izterals

and appurterlant facilities.

EXECUTED on this fi day of ,20 10.

D O r n LA'REDO HOI>DINGS, L.L.C. A Texas Limited Liability Company

STATE OF TEXAS $

COUNTY OF WEBB $

This instrument was acknowledged before me on the & day of ,2010, by

Howard C. Moreno, Managing Member for Dorel Laredo Holdings, L.L.C., a Texas Limited

Liability Company, on behalf of said company.

STATE OF TEXAS 9

COUNTY OF WEBE 9

The undersigned holds cestain liens against d ~ e above described property under, and as

described in, (i) that certain Construction Deed of Trust with Absolute Assignn~ent of Rents,

Security Agreement ant1 Financing Statenlcnt dated February 23, 2010, and secol-ded in Volume

2892, pp. 627, ofthe Official Public Records of Webb County, Texas (the "Deed of Trust"); and

(ii) Absolute Assignment of Rents dated February 23, 2010, and recorded in Volume 2892, pp.

662, of the Official Public Records of Webb County, Texas (the "Assignnlent of Rents"). In

return for a valuable consideration, the receipt and sufficiency are heseby ackno~vledged by the

undersigned, the undersigned suborditlates all liens held by it, and a11 of its Liens and rights

against the property under said Deed of Trust and the Assignment of Rents to the Easement and

sights acquired by the City of Laredo pursuant to the foregoing Utility Easement. The

Subordination of Lien granted herein is limited to the easement and the easement area described

in the foregoing Utility Easement, and Wells Fasgo Bank, N,A, reserves all its rights under the

Deed of Trust and the Assignment of Rents to the property of the grantor as described in the

Deed of Trust and the Assignment of Rents. I

COMMONWEALTH OF MASSACHUSETTS $

COUN'TY OF SIJFFOLK 9

edged before ine on this js&clay of May, 20 10, by vF' of WEL,LS FARGO

half of said WELLS FARGO BANK, N.A,

S A N A N T O N I O * L A R E D O

LEGAL DmCRETION hJtiIityIAccess Easennen t

A Bract of land containing 0.35 dcres (15,126 sq, b.)incpse or gas, out OF lots 4,3 and 2 block 2, ,Jam@ Haynes Industria1 Park, Ulnit 'Vl, as recorded in Volume 24, Page 63, W.C.P.R., City of Laredo, 'SVebb Gorsnty T ~ x ~ s , being more particularSy dacribed by metes; and boands as fo~lows;

Commencing at a found 112'' iron rod, being the Northwest property comer of t o t 3, Block 1, James Haynes hdustrial Park Unit VI, Thence N 0504092@" W, crossing the R.0.W: of Maria Luisa, and into said Lot 4, a distance of 398.37 feet to the Point of Beginning Elereof;

Thence: N 4528'05" E along the north line of said lot 4, also being along the common property line of a called 29.9 acre tract of Iand, being listed as Exhibit "B" Tract "2-A", in a partition deed recorded in Volume 2819, pages 305-319, also being the property line of the parent tract of the 29.9 acre tract, a 66.5 acre tract of Iand as recorded in YoI. 3, Pgs, 415-416, 111'~ Judicial District Minutes Webb County Texas, Dated February 13, 1940. a distance of 15.44 feet,

Thence: Thence: Thence: Thence: Thence: Thence: Thence: Thence: Thence: Thence: Thence: Thence: Thence: Thence; Thence: Thence: Thence: Thence: Thence: Thence:

S 4429'30" E a distance of 2.59' S 18O01'48" E a distance of 75.54' S 46°51'48" fi: a distance of 40.66' N 4S040'13" E a distance of 144,PS' N 44O19'47" W a distance of 3.00' Pa 45"4Ot93" E a distance of 12,00t S 44"19'47'" E a distance of 2.76' N 84"58'211' E a distance of 261.14' Pi 0S001'39" W a distance of 3.00' N 84O58'21" .E a distance of 12.00' S 05"01'39" E a distance of 18,00 S 84O58'26" W a distance of 60.06' S 05O00'53" E a distance of 171.28' S 84"59'07" W a distance of 26.71' N 05O00'53" W a distance of 15.00' N 84O59'07" E a distance of 11.41' N 05O00'53" W a distance of 156.27' S 84"58'21" W a distance of 192.43' S 4S040'13" W, a distance of 152.54' S 17°4767'01" E a distance of 59-01'

Continued on Next Page

Puig t-ngjneering a

CIYlL ZNGIMEEBIMB @OEI;ULIAFITS D O P t U U R D E M , I N C .

Thence: S 72"12'§9" W a distance of 40,86? Thence: S 97°4'9'01'9 E a distance of 20,173

S 71"05929" W a disrance of 21.78' Thence: Thence: S 25O26'16"E a distance of 104,189 Thence: S 89b33949" $V a distance of 18,439 to a point of non-tangent curvature on the north R.0.W.

of aforeme~~tioraecl Maria Zuisa h ive haying a radius of 535.00', a delta of 0%"13'%4" and a,

chord of S 6S051'Q5" W - 20,759, and a point of deflection hereof;

Thence: Along said curve to the left, an arc length of 28.75' to a non-tangent point of curvature and a deflection hereof;

Thence: Thence: Thence: Thence: Thence: Thence: Thence: Thence:

N 19"33'49" E a distance of 26.56' Id 25"26'11" W a distance of 11 4,'79' Id 71°0592'i'99 E a distance of 25.38' M 1'1"44'0f" W a distanck of 20.75' N 42O12'59" E a distance of 39.36' N 17"47'0lW W a distance of 42,79' N 46'51'48" W a distance of 53.25' N 18'01'48'' W a distance of 74,82', to the Point of Beginning of this 0.35 acre tract of land.

BASKS OF BEARING: A FOUND 1/2" IRON ROD BEING TEE NORTHqXT CO&\%R QF LOT 3, BLOCK I, JAMES HAYNES INDUSTW PARK, UNR YI, AM) A FOUND I~z.' RON ROD WITH A MRWRUIZ CAP'ON THE COMMON PROPERTY C O W R OF ~ ~ 1 l 3 ' 2 9 . 9 ACRE TRACT OF LAND AND SAID 54.5 ACRE TRACT OF LAND MEASURED: S 87'46'03" W - 46092'

This metes and bounds description accompanies a sketch prepared this same day,

I " . ~ T u ~ ~ c : : of ~~~f ide~$ i id3 i f_Y rights:: Hf YOU are a nahtlral pexSson, yo% may Ternova o r ' a t r i ! ~ any or a11 of the fo'f)%owing information h r n any insl-rl~mens ttmt %raa~sfe~: ; .~ 2% i~lia'est i n rzai properly b c k e i t i s Bled far recorrl, in the public records: your Social Secur2-y number or your d$;.ivcr9s licease n.t~mber,

IJTXLX'TK EASEMENT

THE STATE OF TEXAS tj KNOW ALL MEN BY THESE PRESENTS

COUFTTY OF WEBB 8

That the undersigrled Dorel Laredo Holdings, E.L.C., ofthe State of Texas, Cour~iy of Webb,

hereinafter referred to as "Grantors," have GRANTED, CONVEYED and DEDICATED and by

these presents do hereby GRANT, CONVEY and DEDICATE unto the CITY OF LAREDO, a home

rule city and political subdivision of the State of Texas, its successors and assigns, hereinafter

referred to as "Grantee", the right to perpetually maintain utility lines upon and through the utility

easement, giving Grantee the right to construct, reconstruct, and repair the utility easement, together

with all necessary laterals and appurtenant facilities, in, over, upon and across the following tract of

Iand in Webb County, Texas:

A tract of land containing 1 . O l acres, more or less, out of a called 29.9 acre tract of land, being listed as Exhibit "B", Tract "2-A" in a partition deed recorded in volume 2819, Pages 305-3 19, also being out of a called 66.5 acre tract of Iand, recorded in Volume 3, Pages 415, 416 11 lth Judicial District Minutes, Webb County, Texas, dated February 13, 1940, also being out of Porcion 3 1, Abstract 3 11 6, Jose Trevino, Original Grantee, City of Laredo, Webb County, Texas, being more particularly described by metes and bounds in "Exhibit A" attached hereto, and as shown on survey attached hereto as "Exhibit B".




~la~~iV?! AND TO 130I..f? tlie same p ~ , $0 Grantee, bgell.ier witl1 righbanr!.

priviiege at any and e!i fines . t ~ enter said prem.Is~.s, or z:xy part iherz~f , fix fjie purpose cP

coixstructing, reconstrccting, repairing, and nxaiirtaining utility lines, itlcluding all necessaxy laterals

and appurtenant facilities,

EXECUTED on this !z day of bq 7 ,2010.

DOREL LAREDO- HOLDINGS, L.L,C. A Texas Limited Liability Company

BY: 1lowhr6 C. Moreno, Managing htember

STATE OF TEXAS

COUNTY OF WEBB

This instrument was acknowledged before me on the & day of ,2010,

by Howard C. Moreno, Managing Member for Dorel Luedo I-loldings, L.L.C., a Texas Limited

Liability Company, on behalf of said company. n

CO-UNTY OF WEBB 5

The tundersigned holds certain liens against the above described property under, and as

described in, (i) that certain Constsiiction Deed of Trust with Absolute Assignment of Rents,

Security Agreement and Financing Statement dated February 23, 2010, and secosded in Volume

2892, pp. 627, of the Official Public Recosds of Webb County, Texas (the "Deed of Trust"); and

(ii) Absolute Assign~ncnt of Rents dated Februaly 23, 2010, and I-ecorded in Volunle 2892, pp.

662, of the Official Public Records of Webb County, Texas (the "Assignment of Rents"). In

return for a valuable consideration, the receipt and sufficiency are hereby acknolvledgcd by tlie

undersigned, the undersigned subordinates all liens held by it, and all of its liens and rights

against the properly under said Deed of Trust and the Assigntnent of Rents to the Easement and

rights acquired by the City of Laredo pursuant to the foregoing 'Utility Easement. The

Subordination of Lien granted herein is limited to the easement and the easement area described

in the foregoing Utility Easement, and Wells Fargo Bank, N,A, reserves all its rights under the

Deed of Trust and the Assignment of Rents to the property of the grantor@s described in the

Deed of T ~ u s t and the Assignment of Rents. t l

COUNTY OF SUFFOLK 9

ed before me p this %ay or May, 201 0, by \ / of WELLS FARGO

half of said WELLS FARGO BANK, N.A.

CIY~I . E?IZ;INZERIMG COHZULTAHTS n a x D U R D E N , I N C . 6 ~. --- f 5 A f l A N T O N I O ' L , A R L F O

LEGAL DBC ON Ua%y/hi:ws Easement

A tmd of Ilmd crsn~&sg 2.01 acres mo~e B)F lw, mt of a called 293 acre tract of laad, bdag Ested %

E s b i t '58" Tract '%4", ia a pa~Go]n deed r$s:43d& igh VoI'me 288, pages 305.349, dso being a ~ i o f s d l & 665 acre track of larstf, recoded !a Volmme 3, Pages 4154169 1312th Jkrdjcisl District Minutm, Webb County Texas, dated Pebmay 13,19&l, &so beiing sut of PoscIvn 31, Abst.cacb 3186, Jme T m h o Origin& Grantee, City of hredo, Webib County Texas, beirmg more gafe;icultsly dwribebl by metes and boaands as fdsws;

Commenci~ at a found 1/2" iron rod, Wing the NctNiwest property corner of Lot 3, Block 2, James Haynes Xndustrial ]Pa& Unit VI, Thence S 87°&'039' W, a distance of 460,s feet to a found V' iron rod with a Mejia/Ruiz cap, being on the property line of 66.50 acre tract of land as recorded in Vol. 3, Pgs. 415- 415, 11 1' Judicial District Minutes, Webb County Texas, dated February 13, 1940 also being tbe Point of Begriming Hereof;

Thence: N 45'24'05" E, Being dong the comnoa property lirie of said 54.4 acre tract of land and said 66.50 acre tract of land, a distance of 606.33 feet to a point of deflection hereof;

Thence: N 4429'30'' W leaving said property line and into the 66.5 acre tract of land, a distance of 25.00 feet to a point of deflection hereof;

Thence: S 4§%'05" W a distance of 577.74 feet to a point of deff ection hereof;

Thence: N 47'1 1'43" W a distance of 327.38 feet to a point of deflection hereof;

Thence: S 5591'58' W a distance of 207.91 feet to a point of deflection hereof;

Thence: S 73'43'56'' W a distance of 123.62 feet to a point of deflection hereof;

Thence: Pa 8920'0'7" W a distance of 122.11 feet to a point of deflection hereof;

Thence: S $635'28" W a distance of 113.30 feet to a point of deflection hereof;

Thence: N 63'42'54'' W a distance of 79,87 feet to a point on the properg line between said partition of fand,

Thence: S 27°12'14" W along said partition line, a distance of 30.00 feet to a point of deflection hereof;

Continued on next page.

Thence: 6 f;3°4%'57'' E a &stance of 88.21 feet to id point of deff ation hexeof;

Thence: N 86°55'2@9 E 8 distmce of f 20.18 feet to a point of deDecfion hereof;

Thence: X 89"%8f@?9 E a dishme of 125.60 Ee l to a point of deflection hereof;

Thence: N 73°43456f9 E a distance of f 32.80 feet to a point d deflection here06

Thence: N 55"8'&" E a distance of 188.79 feet to a point of deflection hereolF;

Thence: B 49°1L1$'43'9 E a distance of 329.18 feet to a found 112" iron rod with a Mejia/Ruiz cap, being a property comer of sitid 29.9 acre tract of land and the Point of Begiining of this 1.01 acre m t of land hereof;

E%%S' OP BEARING; A FOUND 1/2" IRON ROD BEING THE NOR'IFIWEST CORNER OF LOT 3, BLOCK 1, JAMES HATlMES WDETSTRIAIL PARK, UNIT 'Srl[, ANR A P O W 112" IRON ROD BEING THE POINT OF BEGDINING THE 1.Of ACRE TBACTOP NPEASURET): S 87'46'03" W - 460,92'

T%is mefw and bounds dsc~pt ion aceompads a sketch prepared this same day.

9852 M~PIUW R a , Surrr 7 harm, TEXAS 7Wfj.5511 I k 954729.7044 r . '356,728.7854 WWW.CECTEXAS.COW


DATE: I SUBJECT: MOTION AUTHORIZING TI4E CITY MANAGER TO ACCEPT THE DEDICATION OF THE FOLLOWING UTILITY EASEMENT:

Ronald H. Grant and Alice K. Grant - A 10 foot wide easement containing 0.10 acre (4,483 sq. ft.) tract of land our of a 2.80 acre tract of land out of a tract conveyed by deed to Alice K. Grant recorded in Volume 1055, Page 673, Deed Records, Webb County, Texas, and being more particularly described by metes and bounds in "Exhibit A", attached hereto, and as shown on survey, attached hereto as "Exhibit B".

I

PREVIOUS COUNCIL ACTION: NlA

INITIATED BY: Celina Rivera, Real Estate Manager Community Development

BACKGROUND: MIA


FINANCIAL IMPACT: Land-557-0000-1 61.00-00

COMMITTEE RECOMMENDATION:

To Pass this Motion


To Pass this Motion

Pio'iHra of coa%d~s8,tiaai@ righb: If yon are a nabi~ral gsersoa, yoin may remove OY sta5iBe any iirr all of thc foi$o~?~hg inIormsi%atiopa from any i~sirus~cir2Q that transfers a a interest ~ I E

raa4 property before it is filed for record in the public records: yt;ur Social Secwrify asumber o r your driver's license number,

UTILITY EASEMENT

THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS

COUNTY OF WEBB

That the undersigned Ronald H. Grant and Alice K. Grant, husband and wife, of the State of

Texas, County of Webb, hereinafter refersed to as "Grantors," have GRANTED, CONVEYED and

DEDICATED and by these presents do hereby GRANT, CONVEY and DEDICATE unto the CITY

OF LAREDO, a home rule city and political subdivision of the State of Texas, its successors and

assigns, hereinafter referred to as "Grantee", the right to perpetually maintain utility lines upon and

through a 10 foot wide utility easement, giving Grantee the right to construct, reconstruct, and repair

the utility easement, together with all necessary laterals and appurtenant facilities, in, over, upon and

across the following tract of land in Webb County, Texas:

Being a 0.10 acre (4,483 square feet) tract of land out of a 2.80 acre tract of land out of a tract conveyed by deed to Alice K. Grant recorded in Volume 1055, Page 673, Dee Records, Webb County, Texas, and being more particularly described by metes and bounds in "Exhibit A", attached hereto, and as shown on survey, attached hereto as "Exhibit B".




TO HAVE PiND TO I-'iOf,D the same perpetually to Grantee, together with the right and

privilege ~nlt ail;] and all times to eriier said premises, or any part thereof, for the ywpose of

. . . . . c~rshiactii~g, rzconser.itctillg, repalrng: c;ld m~i$ali:ifig u:ili'lj: jines, inc!uding all nccessq !zterds

and appurtenant facilities.

STATE OF TEXAS

COUNTY OF WEBB

This instrument was acknowledged before me on the 2 day of ,2010,

by Ronald H. Grant and Alice K. Grant, husband and wife.

%!ejia & Ruiz band S u r ~ y o r s ; L.L.C. 10.1 b',i Hillsitle. Siiire l o

Laredo, Texas 7aC4.i ~ - . - - n 0 . 7 9 ,.>a-i iii-u-lL,> 71?4-72:>8 -3%

ITicid Nt?:cs 50 i. :I

O . f t i acre (-1,453 squ:irr: E w t j tr:ic: o:'I;ti~il Out of a 2.80 acrc tract oi'latitl Coiweyed to :%Lice K. C,an:,

Situi~tetl in Porcion 10, Tttnlas Sat~cltez t-)rigit;:11 (;rantee, Abstract 230, Webb Cuo~lty, Tesas

Being a 0.10 acrc (4.483 sclir:rrr feet) tract o f laiicl out of a 2.80 acre tract of I;lnd cclnveyect by deed to ,-\lice K. C;i.nt~t. l~ileortled in Volunle 1055, i'agc 673. Decct Records. Webb Couiliy, Texas, and bring inare pa~lictiliirly described b!: metes aild boti~~ds 119 follo\vs. to wit:

i3cgi11rting oL H $4" iwrr ,-or/ fociocl at t l ~ l~orthcosl collier ~FtElc said 2.80 ;iri-e tract. tllc' nostheost corner of the herein describcd trwt;

Tltcttcc. Sorrrl! 26 c/egre~s 27 ~nhrnics 18 serortrls E[I.E/, :a t1isl;ince of 4dv.).24'eei if? 0 st1 1/3" iron roii 011 rlic north i-igl~t-ollway linc of F.hl. 1-17? (h,liiies Iload),a nail-tangcnl point o n n curve tltc riglit. thc snl~~lleast corncr oi'thc htrcin described tract;

T/IL'~ICP. alorIy the said 11c3rth right-of-way line of 1:bI 1471, cilong Ilra crtrve to tltc riglit ii (li,sfcrrrce rtJ 10.44', s;tici curvc h;t\,ing it r~ri/irr.s ,!f2714. 79: (I [keIi(~ rf/lD13'1J", a~rd a cliord and cliostl bearing of S 80°UY'14" FP'~rtrlI 10.44'. to a set %'* irojr roil, the sotlth~vest comer of thc herein descl.ibed traci;

Thcrtec, Nortlr 26 c?egrc~.s 27 nrirru/t.s I8 scconrls West, 447.44 feet, to a K " iron rod set under reticc. till. thc nottltwcst corner hereof.

Tlterrcc, Norill 70 ~fegree.s 17 nrirzrrtes 0.; saconcis Errst, 10.07.fi~~1, to the Pc~i~tt of Begit~ni~ig of tlic lierein described tract:

G.I'.S., Tesas Coordinate System., Tesas Sotrtli Zonc. (3AD 1983)

I . Enrique A. Filejiit III, n Registered tfro~es~io~titl Laiici Surveyor. do hereby state that the above calitionetl "Mctcs ;t~id t3ouitds Descriptio~t" nnd attaclied "Plat of'Su~,vey" i s true arid was ~trepared from a11 actual stcrvcy of the pt.opctty m;~de lindor tny supervision an the ground and that the corner I ~ I O ~ ~ I I I I I ~ I I \ S ~110\\ II r\.erc properly placed or locatcd 1111ilcr rny supcrvisic~i~.

2.80 acres Alice K. Grant

Volume 1055, Page 673 D.R.W.C.T.


BATE:

06/07/20 1 0

SUBJECT: MOTIOM(S) Consideration to award a contract to the sole source provider, Transcore LP in the amount not to exceed $526,305.00, for the City of Laredo Bridge System Customer Service Center (CSC) and Electronic Toll Collection System Host Software and Server Upgrade. Funding is available in the Bridge System Revenue Bond Series 2005A.


On April 19, 2010, City Council authorized the purchase of Hewlett Packard servers and related items for the Laredo Bridge System computer server upgrade from Sequel Data Systems, Inc., Austin, TX, through the State of Texas DIR Cooperative Purchase Contract SDD-223, in the total amount of $77,649.85.


BACKGROUND:

Mario I. Maldonado, Jr., Bridge Manager

In order to process customers efficiently and expeditiously and to continue being the # I Inland Port in the United States, the Customer Service Center (CSC) and Electronic Toll Collection System Host is requiring that the software and servers be upgraded to replace the system that was purchased and implemented since the opening of World Trade Bridge in April 14, 2000.

This upgrade will consist of the following: 1. Build and maintain a secure network 2. Protect cardholder data 3. Maintain a vulnerability management program 4. Implement strong access control measures 5. Regularly monitor and test networks 6. Maintain an information security policy

FINANCIAL IMPACT: Funding is available in the Bridge System Revenue Bond Series 2005A Computer Software account # 553-4065-535-9003.

COMWIImVEE RECOMMENDATION: N/A

STAFF RECOMMENDATION: Approval of motion

CONTRACT BETWEEN THE CITY OF LAREDO AND TRANSCORE, L.P.

This CONTRACT made this - day of ,2010, and effective this day - of , 201 0 between the City of Laredo, Texas, hereinafter termed the "Customer", and TransCore, LP a Delaware limited partnership, and its successors or assigns, hereinafter termed the "Contractor".

WITNESSETH:

WHEREAS, the Customer and the Contractor wish to enter into a contract for the Contractor's performance of the services as described in the Proposal Scope of Work more fully described hereinafter in the Contract documents, including this Contract and its Enclosures A and B hereto; and

WHEREAS, the Contractor has been engaged in and now does such work and represents that it is fully equipped, competent and capable to perform and provide the desired work and services within the provisions of Enclosure "A" - Proposal Scope of Work.

NOW THEREFORE, the parties hereto, intending to be legally bound, agree as follows:

This Contract provides for payment in accordance with the price set forth in Appendix "C" Project Milestone Payments.

THAT for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Customer, the Contractor hereby agrees at the prices set forth in this Contract to commence and complete the Proposal Scope of Work for the Customer, in accordance with the Proposal Scope of Work documents; and the Contractor agrees to furnish all the materials, supplies, machinery, equipment, training and other accessories and services and whatever else may be necessary to complete the said services in accordance with the Proposal Scope of Work documents.

1. SERVICES: Contractor agrees to begin the work on the lSt day after Customer Notice to Proceed and to complete the work in accord with the Contract documents, including this Contract and its Enclosure A - Proposal Scope of Work. This Contract is for a term not to exceed six (6) months, unless otherwise extended or terminated by a written amendment.

2. PAYMENT: For the Contractor's satisfactory performance of all the work called for hereunder, the Customer shall pay the Contractor in accordance with Appendix "C" of Enclosure '!AA" - Proposal Scope of Work, which represents the Contract price milestone schedule. If funding will be provided incremelltally the Contractor has no responsibility to complete performance unless the Customer provides full funding. If there is a lapse in

City of Laredo Bridge System CSC and Host Software and Server Upgrade Page 1

funding, the Contractor shall be entitled to request and receive an equitable adjustment in accordance with the "Delays" provision of this Contract. Any increase in the Contract amount or funding, which exceed the full funding of this Contract, and any decreases in the Contract amount or funding can be made only by a written Amendment to this Contract, executed by the parties hereto. The Contract amount cannot be increased or decreased without a written amendment of this Contract, agreed to and signed by the parties hereto.

3. GOVERNING LAW, JURISDICTION AND VENUE. This Contract shall be construed in accordance with the laws of the State of Texas, and venue for any legal dispute involving this Contract shall be Webb County, Texas.

4 . NOTICES: All notices or other communications hereunder shall be in writing and shall be sent

by fax to the numbers set forth below and will be deemed delivered on the date on which the fax is transmitted.

All written notices to the Customer shall be addressed to:

Mr. Carlos Villarreal City Manager 1 1 10 Houston Laredo, Texas 78040 Tel. No. 956.791.7302 Fax No. 956.791.7498 And also to: Mr. Mario Maldonado Bridge Manager 11601 FM 1464 Laredo, Texas 78045 Tel No. 956.791.2200 Fax No. 956.729.2061

All written notices to the Contractor shall be addressed to:

Mr. Randy Lester Associate Director of Contracts TransCore, LP 9440 Carroll Drive Suite 150 San Diego, CA 92121 Tel. No. 858-736-8370 Fax No. 858-736-8201 And also to: Mr. Tracy Marks Senior Vice President TransCore, LP 4903 West Sam Houston Parkway North


Houston, Texas 77041 Tel. No. 713.939.5400 Fax No. 713.355.3349 And also to: Mr. Ron Barr Operations Manager Transcore, LP 4903 West Sam Houston Parkway North Houston, Texas 77041 Tel. No. 713.939.5400 Fax No. 713.355.3349

Either party may change the person and his or her fax number to which notices hereunder may be addressed by giving prior written notification to the other party.

5. PRICING, TERMS AND CONDITIONS, INVOICING: This Contract does not provide for performance or payment bonds. The Contractor's prices do not include tax. If at any subsequent point, it is determined that sales, use or excise taxes are due on any services or goods provided by the Contractor under this Contract, said costs shall be directly flowed through to, and reimbursed by, the Customer. The Contractor pricing can be found in Appendix "C" of this contract.

6. The Contractor shall submit certified invoices in accordance with Appendix "A" -Proposal Scope of Work. If the Customer finds the Contractor's invoices to be correct, in good order, and in the proper format, the Customer will pay the Contractor within thirty (30) calendar days. In the event an invoice is disputed, the Contractor and the Customer will work together to resolve the dispute. If there are portions of the invoice not in dispute, the Customer will pay the Contractor those portions not in dispute within thirty (30) calendar days after review. The Customer will pay the Contractor disputed portions which have been resolved within thirty (30) calendar days of resolution. The Contractor shall have no claim for interest on any disputed amounts that require more than thirty (30) calendar days to resolve.

7. EXAMINATION OF RECORDS: Contractor's non-financial books and records pertaining to the work under this Contract shall at all reasonable times be subject to inspection and audit

by the appropriate governmental agencies. The application of audit provisions to fixed price work are not for the purpose of price adjustments to such fixed price work, nor shall Contractor's cost information for such work be required to be reported. Governmental agencies may, however, examine unpriced records related to such work for the purposes of verifying performance.

8. RIGHT TO CANCEL; SUSPENSION OR TERMINATION: The Customer reserves the right

to suspend or terminate this Contract in whole or in part at any time if the best interests of


the Customer require such termination, and, if so, with sixty (60) calendar days written notice to the Contractor. Upon a termination without cause by the Customer, Contractor shall be entitled to receive payment for all costs incurred and non-cancelable commitments made in support of this Contract prior to the receipt of the termination notice. If the Customer determines the performance of the Contractor is not satisfactory, the Customer will have the option of: (a) terminating the Contract with sixty (60) days written notice, or (b) notifying the Contractor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Contract can be terminated at the end of such time. The Contract may also be cancelled by the Contractor with the mutual prior written consent of both parties, or upon sixty (60) days written notice in the event that the Customer has defaulted on some significant obligation of this Contract or has withheld any funds due the Contractor under this Contract.

9. DELAYS: In the event the Contractor is delayed in performing services under this contract by the Customer, other governmental bodies, the Customer's contractors, agents, public utilities, patrons, or other third parties, and such delays result in an increase in costs to the Contractor or time for performance, the Customer and the Contractor will negotiate an equitable adjustment to the Contract price, schedule, or both. The Contractor shall provide timely written notice to the Customer within five (5) business days of becoming aware of a delay or the happening of an event, to provide the Customer with an opportunity to resolve the delay or potential delay.

10. FORCE MAJEURE: Except as otherwise expressly provided herein, neither party shall be considered in default in the performance of its obligations hereunder to the extent that such performance is prevented or delayed by any cause, existing or future, which is not within the reasonable control of such party including, but not limited to, acts of God or the public enemy, fires, earthquakes, explosion, riots, strikes (not including strikes of the Contractor's staff personnel), war, terrorist acts, or inclement weather, where the party whose performance was delayed did not otherwise cause or contribute to the cause of the delay or not prevent, when able to prevent, such delay. Notwithstanding the foregoing, the failures of any of the Contractor's suppliers, subcontractors, or the like shall not excuse the Contractor's performance except to the extent that such failures are due to any cause without the fault and outside the reasonable control of such suppliers, subcontractors, or the like, including, but not limited to, acts of God or the public enemy, fires, explosions, strikes (not including strikes of the Contractor's suppliers7, subcontractors', or the like's staff personnel), war, terrorist acts, or inclement weather.

11. INSURANCE; INDEMNIFICATION: For the duration of this Contract, the Contractor will submit and maintain proof of insurance coverage in accordance with the Customer's regulations as described below and more fully defined in Enclosure "B" - Insurance Requirements.

The Contractor agrees to provide any reasonable insurance coverage for this Contract and copies of applicable insurance policies and endorsements. Contractor cannot, however, permit the Customer to delete, modify, or revise any policy terms, conditions, limitations, or


exclusions of the Contractor's insurance program.

ENTIRE AGREEMENT: This Contract supersedes all proposals, oral or written, and all negotiations, conversations, or discussions heretofore between the parties related to this contract. Customer and Contractor acknowledge that they have not been induced to enter into this Contract by representations or statements, oral or written, not expressly contained herein. The terms and conditions of this Contract shall prevail, notwithstanding any variance with the terms and conditions of any order or any other instruments submitted by the Customer or the Contractor. This Contract shall not be construed to be modified, amended, rescinded, canceled, or waived, in whole or in part, except by written agreement signed by duly authorized representatives of the parties hereto.

13. SECTION HEADINGS: The descriptive titles and headings of various sections of the Contract docunlents are inserted for convenience of reference only and shall not control nor affect the meaning or construction of any of the provisions hereof.

14. SEVERABILITY: Should any part of this Contract for any reason be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any remaining provisions, which remaining provisions shall remain in full force and effect as if this Contract had been executed with the invalid portion thereof eliminated, and it is hereby declared the intention of the parties that they would have executed the remaining portion of this Contract without including any such part, parts, or portions which may, for any reason, be hereafter declared invalid. Any provision shall nevertheless remain in full force and effect in all other circumstances.

Signed, in duplicate originals on the - day of ,2010.

ATTEST:

City Secretary

TRANSCORE, LP.

By: Senior Vice President

CITY OF LAREDO, TEXAS

Carlos Villarreal City Manager


6 t y of ~ & e d a Bridge System CSC and ~ o s t s o f t & - e and server Upgrade Page 6

ENCLOSURE "B' - INSURANCE REQUIFWMENTS

Prior to commencement of any work under this Contract, the Contractor shall furnish a completed Certificate of Insurance to the City of Laredo Risk Management Division and the City Secretary's Office. The Certificate shall be completed and signed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon and which shall furnish and contain all required information referenced and indicated thereon. The Customer shall have no duty to pay or perform under the Contract until such completed and signed Certificate of Insurance shall have been delivered to the Risk Management Division and the City Secretary's Office, and no officer, employee or elected official shall have authority to waive this requirement.

The Customer reserves the right to review the insurance requirements of this section during the effective period of the Contract or any extension or renewal hereof.

A contractor's financial integrity is of interest to the Customer, therefore, subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the Customer, the Contractor shall obtain and maintain in full force and effect for the entire duration of the Contract, and any extension or renewal hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and rated A or better by A.M. Best Company and/or otherwise acceptable to the Customer of the following types and amounts:

TYPE 1. Workers Compensation 1 a. Employers' Liability

LIMIT Statutory $500,000/$500,000/$500,000

2. Commercial General (public) Liability Insurance to include coverage for the following:

I a. Premise Operations I Combined Single Limit for I I 1 Bodily I b. Independent Contractors c. Products Liabilitv

I f. Broad form property damage, to include fire legal liability I I

Injury and Property Damage of $1.000.000 wer occurrence

d. Contractual Liability e. Ex~losion. Colla~se. underground or its eauivalent

3. Comprehensive Auto Liability

or its equivalent

a. OwnedILeased vehicles


Combined Single Limit for Bodilv

b. Non-owned vehicles c. Hired vehicles

Injury and Property Damage of $1,000,000 per occurrence or its equivalent

4. Fidelity Bond or Commercial Blanket Bond, in an amount not less than $1,000,000, covering all of the Contractor's employees who may handle or be responsible for monies or property of the Customer.

5. Excess Liability Insurance, subject to its own terms and conditions, in limits of not less than $2,000,000, in excess of the insurance provided in subparagraphs la, 2 and 3 above.

6 . Professional Liability Insurance, subject to its own terms and conditions, in limits of not less than $1,000,000 each claim.

The Contractor agrees, that with respect to the above required insurance, all insurance contracts and Certificates of Insurance, with the exception of Professional Liability insurance, will contain the following required provisions:

Name the City of Laredo and its officers, employees, agents, and elected representatives as additional insured with respect to operations and activities of, or on behalf of, the named insured performed under contract with the Customer, with the exception of the Professional Liability, Workers' Compensation and Employers' Liability policies. The Workers' Compensation and Employers' Liability policy will provide a waiver of subrogation in favor of the City of Laredo.

The Contractor shall notify the Customer in the event of any notices of cancellation, non-renewal or material change in coverage and shall give such notices not less than thirty (30) days to change, which notice must be accompanied by a replacement Certificate of Insurance. All such notices shall be given to the Customer at the following address:

City of Laredo Administrative Services Department Attention: Risk Management Division 9 12 Matamoros Laredo, Texas 78042

City of Laredo City Secretary's Office P.O. Box 579 Laredo, Texas 78042-0579

If the Contractor fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, the Customer may maintain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the Contract upon giving written notice to the Contractor by certified return receipt mail; however, procuring of said insurance by the Customer is an alternative to other remedies the Customer may have, and is not the exclusive remedy for failure of the Contractor to maintain said insurance or secure such


endorsement. In addition to any other remedies the Customer may have upon Contractor's failure to provide and maintain any insurance or policy endorsement to the extent and within the time herein required, the Customer shall have the right to order Contractor hereunder, and/or withhold payrnent(s) which become due, to Contractor, hereunder until Contractor demonstrates compliance with the requirements hereof.

Nothing herein shall be construed as limiting in any way the extent to which the Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this Contract.

INDEMNITY

Contractor covenants and agrees to fully indemnify, defend, and hold harmless agents andlor assigns, the City of Laredo and the elected officials, employees, officers, directors, volunteers, and representatives of the Customer, individually, or collectively, from and against costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demand, causes of actions, liability, and suits, including but not limited to, personal injury, or death and property damages, made upon the Customer directly arising out of, resulting from or related to Contractor's activities under this Contract, including any acts or omissions of Contractor, any agent, officer, director, representative, employee, consultant, or subcontractor of Contractor, while in the exercise of performance of the rights or duties under this Contract, all without however, waiving any governmental immunities available to the Customer under Texas Tort Law and without waiving any defenses of the parties under Texas Law. The provisions of this indemnification are solely for the benefit of the parties hereto and are not intended to create grant of any rights, contractual or otherwise, to any other person or entity. Contractor shall promptly advise the Customer in writing of any claims or demands against the Customer or Contractor known to the Contractor related or arising out of Contractor's activities under this Contract and shall see the investigation of and defense of such claim or demand at Contractor's activities under the Contract and shall see the investigation of and defense of such claim or demand at Contractor's cost. The Customer shall have the right, at its option, and at its own expense, to participate in such defense without relieving Contractor of any of its obligations under this paragraph.

Notwithstanding anything to the contrary anywhere in this Contract, in no event shall either party be liable to the other for any incidental, indirect or consequential damages associated with this Contract or the parties performance hereunder.

***END OF CONTRACT DOCUMENTS**"


4903 C4 Sam Notfsfor? Parki.va)f N. Noustori, Texas 77041 713,939.5400 tel7f3.355.3349 fax

May 4,2010

Mr. Mario Maldonado Bridge Director City of Laredo, Bridge System 20 1 Santa Ursula Laredo, Texas 78040

Subject: City of Laredo CSC and Host Software and Server Upgrade

Dear Mr. Maldonado:

TransCore is pleased to present the City of Laredo with a proposal that outlines the turnkey services offered by TransCore to upgrade the City of Laredo Bridge System's Customer Service Center and Toll Collection Host Software and Servers with our most current software suite, OpenRoadB. The details of the services being offered are provided in the attached proposal.

Our prices for the turnkey services described in the proposal are: OpenRoadB CSC and Host Software Upgrade $478,565.00 Server Upgrade (Hardware to be Provided by City of Laredo Bridge System) $ 47.740.00 Total Price $526,305.00

Thank you for the opportunity to provide these additional services and we look forward to your review of the proposal. Please feel free to contact me directly at (713) 939-5415 if you should have any questions or need additional information.

Sincerely, TRANSCORE

Ron Barr Operations Manager


Appendix "A" - Proposal SCOPE OF WORK

Project Ovemiew

,..* \ ! TransCore has designed a solution for the City of Laredo Bridge

System that provides a high quality, cost-effective Custoiner Service Center application using proven software, hardware and architecture.

The clientlserver platform is a computational architecture that involves client processes requesting services from sewer processes. The proposed TransCore clientlserver solution is completely upgradeable and scalable. As your system needs continue to grow, our solution can grow to meet those future demands for years to come. Our system is equally suited for single toll plaza applications, as well as expansive toll roads that encompass multiple plazas and roadways.

Our proposal provides the following benefits to the City of Laredo Bridge System:

System Security.. . Database users' accesses are limited and levels of application users are controlled thru the application

User Friendly ... Familiar point and click graphical user interface (GUI)

Ceatrcr zization All access, resources (application,. web, report and database resources ,.. servers) and data security are controlled in a centralized

location server(s)


The technology can be easily integrated into other operating System Flexibility ... systems such as Unix, NT, XP, Windows etc.

System Scalability ... Any system component can be upgraded in one location

Application Server can be accessed remotely across multiple platforms wherever an internet/intranet connection is available on the

Accessibility ... operating system

Interoperability ... All components (client workstations, networks, and servers) have the ability to operate as one

Lower total and Maintenance, and application development are performed in a centralized server reducing the cost of development,

maintenance cost ... deployment and thirdparty licensing

Project Summary

TransCore has designed a hardware solution for the City of Laredo that provides a high quality, cost-effective server hardware architecture. The clientlserver platform is a computational architecture that involves client processes requesting services from server processes. The proposed TransCore client/server solution is completely upgradeable and scalable. As your system needs continue to grow, our solution can grow to meet those future demands for years to come.

Key Assumptions

The City of Laredo Bridge System will need to upgrade all hardware and third party software required for this system upgrade. The hardware includes; servers, workstations, printers, network and cabling. Third party software includes Windows2003 Server, ICverify and other supporting desktop applications for daily operations (i.e., operating systems, database, backup software, anti-virus software, reporting tools, etc.).

Proposed nmelirne

In order to provide the City of Laredo with the best possible solution, we plan to control cost by streamlining our developing efforts utilizing pre-existing software from our other major electronic toll collection system projects. This will not require us to develop new codes, modules or applications. We will simply be scaling and customizing our current applications to fit the City of Laredo specifications. For a similar project in a metropolitan area, this project would require a two year development effort, but for this project we estimate only 6 months to completion.


Inte~aces beheen BMS and AMS Ssfhare

In general, Data Management System (DMS) and zone controller software is responsible for operating the zone controllers and gathering data on vehicle transactions and lane devices, while Account Management System (AMS) software is responsible for back-office operations such as the Customer Service Center (CSC). To make lane data available to the AMS applications and back-office data available to the DMS and zone controller applications, the following interfaces have been defined:

Interface Database - specific tables designed to stage data prior to being processed by the foreign applications, i.e. data provided by the DMS and zone controllers to the AMS back-office applications, and vice versa

At the completion of the project, the City of Laredo will have successfully migrated to an independent server-based system complete with our advanced OpenRoadB DMS and OpenRoadB AMS solutions. A brief summary of the two products are as follows:

OpenRoadO Data Management System (DMS) - The database will store ETC transaction data. TransCore will provide a small sample of our standard DMS reports to allow the Bridge System to view ETC transactions and revenue data. The toll DMS portion will include the Staff Registry, which allows authorized personnel to assign users to the system and define the roles and authorizations for those users.

OpenRoadB Account Management System (AMS) - TransCore proposes the latest version of our OpenRoadB AMS package, which is completely Internet-based. Both the AMS personnel and the general public can access the AMS via the Internet. AMS personnel can also access the AMS via the intranet. For AMS personnel this involves standard AMS operations, such as account creation, account maintenance, tag delivery, financial reporting, etc. For the general public this includes enrollment, checking account status, making payments, and sending e-mail.

Assumptions

TransCore will provide the City of Laredo with vendors and specifications for all hardware and thirdparty software.

The City of Laredo Bridge System will purchase all hardware and third party software. Hardware includes the server, workstations, printers, network and cabling. Third party software includes any software tools required to run the OpenRoad@ Sofhvare and support day to day operations such as operating systems, database, backup software, anti-virus software and reporting tools.

The City of Laredo will need to purchase sufficient support for hardware and software to meet their needs.

TransCore will need to have access to existing customer data for the data conversion.


TransCore will supply the TransCore OpenRoadB Application to handle the performance criteria defined in the statement of work.

Responsibilities

TransCom Responsibilities

TransCore will furnish software and hardware labor and integration resources to upgrade the Customer Service Center to the OpenRoadB system. TransCore will also supply a Project Schedule, Hardware and Third Party Software Specifications, Functionality Demonstration, Test Plan and Acceptance Criteria for the Bridge System's approval.

Schedule

TransCore will be responsible for providing a project schedule. The schedule will have milestones required by both TransCore and the Bridge System, including when the Bridge System should have hardware, third party software and facilities available for use. A preliminary project schedule is included as Appendix "DM.

Submit Nardware Specs to the City of Laredo Brialge System

TransCore is responsible for supplying the City of Laredo with the required server, workstation(s), and network specifications as well as vendors for each of the products. TransCore will submit the hardware and vendor listing as part of this Statement of Work so that the Bridge System will have a sufficient amount of time to purchase the hardware.

Submit T h i d k d y Software to the City of Laredo Bridge System

TransCore will not be responsible for ordering any of the third party software. TransCore will provide the Bridge System with the required third party software tools listing as well as vendors for each of the products. TransCore will submit the third party products listing as part of this Statement of Work so that the Bridge System will have sufficient time to purchase the third party software.

Site Preparafin

TransCore will verify that sufficient space and power is available in the Bridge System computer room for the new OpenRoadB server equipment.

Configuration

TransCore will be responsible for configuring the software applications loaded on the City of Laredo Bridge System OpenRoadO Tag Store server and workstations.


Ins falla fion

TransCore will install the Bridge System OpenRoadB Tag Store server and setup and configure the TransCore provided software on the workstations.

On-site Consultation

TransCore will provide on-site train the trainer courses consisting of CSR training, tag sales, tag inventory, credit card authorization, account updating, customer statements, reports and new application administration as well as user manuals for the new City of Laredo Bridge System OpenRoadm Application. Training will consist of up to five days for the CSR's and up to five days for the Tag Store management.

Worlcing Conditions

TransCore will need sufficient space in the existing Bridge System computer room for setup and configuration of the Bridge System OpenRoadm Tag Store system. Normal hours will be 8:00 am -5:OO pm, Monday-Friday. It is possible that after hours access may be needed to limit Customer Service Center operations interruptions. TransCore will make every effort to have this arranged at least 24 hours prior to access being needed. Access will be needed to both Tag Store(s) and the Tag Store computer room.

Testing

Parallel and acceptance testing will include the Electronic Toll Collection System, Credit Card Processor, and Bank processor. Testing will be ten consecutive days spanning one monthly cycle.

TransCore will supply software support 24 hours X 7 days per week for all TransCore provided software, during the installation and acceptance of this upgrade, including support of the Citrix Essential XenServer Enterprise application. After the upgrade has been accepted, the normal Maintenance Support agreement will be in effect. The City of Laredo Bridge System will be purchasing third party software and will need to purchase sufficient support to meet their needs. It is recommended that the Bridge System list TransCore as a secondary technical support contact for all third party software support services. Listing TransCore as the secondary contact would allow TransCore to contact the software providers should issues come up after hours or on weekends.

Hardware SuppoH

TransCore will not be responsible for hardware support, since all hardware will be purchased by the Bridge System. The Bridge System will need to purchase sufficient support to meet their needs. It is recommended that the Bridge System list TransCore as a secondary technical support


contact. Listing TransCore as the secondary contact would allow TransCore to contact the hardware providers should issues come up after hours or on weekends.

Program Management

TransCore will provide program management and technical support for the duration of this project. The program manager will be responsible for, but not limited to, the management and control of the project through proper scheduling and coordination. The technical support lead will be responsible for, but not limited to, the total support of the installation, testing, and implementation of the Tag Store upgrade to the OpenRoada system.

List of Supplied Ifems

See the Bridge System Recommended Hardware and Software list Appendix A.

Schedule

The Bridge System will be responsible for supplying the hardware, third party software and facilities at the times defined in the project schedule. A preliminary project schedule can be found in Appendix C of this proposal.

Order Hardware

The Bridge System will be responsible for ordering all hardware and third party software listed in Appendix A.

Ship Hardware fo Transcore - Houston, 'PX

The Bridge System will be responsible for purchasing the items on the Bridge System Recommended Hardware and Software list Appendix A. These products will need to be shipped to the TransCore (Houston, TX) facility according to the dates on the Project Schedule.

Ship Hardware Back fa the City of baredo Bridge System

The hardware and third party software provided by the Bridge System for use during the parallel and acceptance testing will be packaged and delivered by TransCore to the Bridge System computer room.

Pedormance Criteria

The Hardware and Software specifications supplied by TransCore are sufficient to handle the following.

+ 100,000 transactions per day - which is more than double the current volume


150,000 TransCore TollTags - which is more than double the current volume

150,000 Bridge System TollTag accounts -which is more than double the current volume

e Process all AVI transactions prior to 7:00 am, to allow Customer Service Centers to open by 8:OO am.

+ 30,000 Pedestrian transactions per day

$240,000 Cash transactions per day - which is more than double the current volume

Site Preparation

The Bridge System will need to make sure that all network connections, power, and floor space is available on the dates detailed in the project schedule.

The Bridge System and TransCore will need to have all hardware and software in place by the dates in the project schedule in order for installation to be completed on schedule.

System Conversion: System conversion programs will be tested by using existing data, running conversion programs, and importing results into the new OpenRoadB system. Verification will be done by comparing existing customer data to the new OpenRoadB system's customer data. The verification will be done by running reports and by comparing the existing reported data with the OpenRoadB database data. All customer (CSP.MST) and tag information (TAG.MST) will be converted and imported into the new database. TransCore will convert transaction history and import it into the AMS and/or DMS database. TransCore will test the interfaces between the OpenRoadB server and the existing Tag Store server during this phase of the conversion. Interfaces to the ETC system will be tested.

ParallelIAcceptance Testing: TransCore will perform parallel testing that will consist of running the existing system and the new OpenRoad@ system for 10 consecutive calendar days. This time period will include at least one end-of-month processing cycle. The existing server will have two functions during parallel testing. The server's first function will be to collect all the files from the ETC system and deposit them on the new OpenRoadB server. The second function will be to process the transactions in the same manner as they are currently processed. The OpenRoadB server will process the identical transactions. Reports will be generated from both servers on a daily basis to verify that the systems are in balance. All Customers that are entered into the existing system each day will be extracted and automatically added to the OpenRoadB database each day before the end-of-day process has completed. Reports required verifying that the systems are in balance each day will be generated and compared. Tests for printing statements and letters with the Bridge System-specified company will also be completed during this phase of the conversion. TransCore will perform acceptance testing for two weeks


immediately following the parallel test. At the end of the two-week acceptance test period, the OpenRoadB system will be fully operational.

OpenRoadB customer service representative(s) may be needed for part of the testing. The CSR's responsibilities will be defined in the testing plans. TransCore will submit a final report of all tests performed and their results to the City.

The Bridge System will need to ensure that technical and operational resources for the Electronic Toll Collection System will be available to support testing. The needs of these resources and availability will be defined in the test plan and project schedule.

Software

TransCore will provide the OpenRoadB software required to operate the OpenRoadB Sewer and OpenRoadB Client applications. TransCore will supply a run-time license for the OpenRoadB software application to allow the Bridge System solely to process City of Laredo toll transactions.

List of Somare

@ Jbose

SQL 2008 Standard Windows 2003 Server Windows 2000 or XP for PC's

VPNlRemote Desktop Credit Card Processing Software

AMS Database

Using a database as a data repository offers several advantages:

The database management system is designed to handle large numbers of transactions from multiple sources simultaneously while protecting data integrity.

It provides security, manageability, and reliability.

* Business rules can be enforced within the database itself, avoiding the need to code them into multiple applications.

Data can be searched, analyzed, and extracted using standard SQL.


SQL's RDBMS has a proven platforms, is highly scalable, database product used by the

track record of stability and reliability. It runs on multiple and administration skill sets are widely available. This is the Clearinghouse application.

When the database is brought down for routine maintenance, processes relying on database connections will be stopped first, causing lane events to be buffered until the database and related processes are restarted. If the database goes down unexpectedly, the processes relying on database connections will receive an error on their next access attempt. They will stop processing transactions, causing lane events to be buffered. They will continue to attempt to reconnect to the database every 30 seconds. On a successful reconnect, buffered data will be transmitted and normal processing of transactions will resume.

DMS Database

The DMS database is an SQL RDBMS that contains tables to define a facility layout, access privileges, rate structures, and tag data. A DMS user interface is provided to view and update this data. User interface initiated data updates are automatically logged into audit trail tables within this database. User IDS and passwords, along with user levels for access to the DMS user interface, are also maintained here.

Peflormance Specifications

+ 100,000 transactions per day - which is more than double the current volume.

+ 150,000 Transcore TollTags - which is more than double the current volume.

150,000 City of Laredo Bridge System Toll Tag accounts - which is more than double the current volume

e 30,000 Pedestrian transactions per day

$240,000 Cash transactions per day - which is more than double the current volume

The system will be sized to have a minimum of 18 months of Toll Account Customer Transaction history online.

Process all AVI transactions prior to 7:00 am, to allow customer service centers to open by 8:OO am.

4 Tag Validation passed off to ETC systems within 90 seconds of status changes

Licenses

Licenses will be provided for the following software.


From TransCore

TransCore will provide the run-time OpenRoadB software required to operate the OpenRoadB Server and OpenRoadB Client applications. TransCore will supply a run-time license for the OpenRoadB software application to allow the Bridge System solely to process City of Laredo toll transactions. TransCore considers this software off-the-shelf and does not offer source code for this application.

The Bridge System will be responsible for purchasing all third party software and licenses. TransCore will only be providing the OpenRoadB software configured for the City of Laredo Bridge System OpenRoadB Tag Store Customer Service Center.

Reports

TransCore has provided a list and sample of all reports being supplied as part of this contract in Appendix B. Any new reports required by the Bridge System other than those supplied will require additional development and cost.

Database Servers

Application Server

Report Server

Support Server (Domain Controller, Backup, File Server) Web Server

This solution and its components will be purchased by the City of Laredo Bridge System. Please see Appendix A for a comprehensive list of the components that the Bridge System is required to purchase.

Hardware Configuration

All servers will have redundant power. All disk drives for the primary partition will be configured in a RAID 1 configuration. The servers will be located in the designated Bridge System facility. All connectivity will be via redundant LAN communications. TransCore will work with the Bridge Systetn staff to design the overall network architecture for this project. All


TransCore databases, applications, and maintenance management software run on these servers and CSRIManager workstations.

To achieve the database redundancy requirement, TransCore proposes a design that will use a hardware-based RAID 1 configuration. This configuration will provide better fault tolerance by continually updating the database to two physically separate disks.

Hardwa~e Components

Database Sewers

The database server will be configured with SQL 2008 database at the time of system commissioning. SQL is an industry-leading relational database management system developed with a focus on performance, scalability, and reliability. TransCore has successfully implemented and deployed numerous TransCore OpenRoadB Systems that are field proven with SQL 2008. The TransCore OpenRoadB database will serve as the main repository for toll transaction and system information, producing system operation and audit reports, retaining a secure database of transactions, and providing near instantaneous information on the lanes and equipment.

Application Sewer

The application server will be configured to run both the TransCore AMS and the DMS applications.

Repad Server

Transcore's solution includes the use of a report server. The report server is capable of offloading processing capacity from the application and database servers. Typically, the reports or queries run on the report server return large record sets. As a result, this functionality is best performed on a separate server, thus minimizing the impact on the database server.

Support Sewer

In addition to the database, application and report servers, TransCore recommends another server that will serve as a support server. This server will help distribute the computing load by offloading the following server functionality; routing and remote access server service; backup management and scheduling; domain controller functionality and antivirus updates.

W~rkstaleisns

TransCore proposes using the existing workstations at the Bridge System facility when the final system is installed and accepted. As long as the operating systems on these workstations are Windows 2000 or XP Professional (minimum 1 Gb), they will not need to be upgraded for the purposes of this installation.


Otker Items Not Supplied by TransCore

Be Eivera bles

TransCore and the Bridge System have certain deliverables that must be done in a timely manner to deliver the system proposed. Both parties will need to review the matrices below and work together to ensure the success of this project.

"Banscore Deliverables Matrix

Software Software (1) System Support Guide

Hardware Software (I) Transition test plan Software (1) Parallel test plan


The City of Laredo Bridge System Deliverables Matrix

Support Services

Windows 2003 Server

Windows 2000 or XP

Backup SoftwareIHardware

TransCore has provided support services to the Bridge System in the past. The Bridge System is aware of our commitnnent to our customer in the past and present. Our high-level of service will continue with the new system and TransCore looks forward to many years in the future.

Windows 2003 Server

Windows 2000 or XP

Idealstor

Warranty Suppopt

Hardware and Software support for all third party products will be purchased by the Bridge System to meet their needs.

Maintenance

The price for maintenance of the system is not included in this proposal. The existing maintenance contract is still in effect and can be modified to reflect the revised software.

Training SuppsP1:

TransCore will provide a train-the-trainer on-site training class for the OpenRoadB Tag Store customer service center managers.

TransCore will supply five hard copy sets of standard product OpenRoadB user's manuals, one set of system documentation, and one transition test plan as well as PDF electronic copies as part of this project.


Hardware

Transcore will install Server 1 at Bridge 1 and Server 2 at Bridge 4. The Bridge System will be responsible for providing a minimum 1.544 megabit per second connection between the two locations.


Appelzdix A - Xecolnlnended Hardware and Saftware

Hardware Printers

Label Printers m TransCore Tag

Readers Credit Card

Stripe Reader

1 Third Party 1

(Comes with the server)

Database Software

System

Hewlett Packard www.hewlettpacltard.com

Seiko Instrun~ents www.seiko-instruments- usa.com or www.seiltosmart.com

TransCore

Paymentech www.paymcntcch.con~

Description

High Speed Laser Printer min 32ppm for nightly reports 8000 Series. CSRManager Printers 1 7ppm, 4000 Series

Seiko Smart Label Printer 450 0 AH 1 10 1-001 - Handheld Reader

Currently - Hypercom (have 4 terminals) May possibly want to switch to PC solution

Idealstor www.idealstor.com

Idealstor - disk backup

Citrix Essentials Enterprise Edition www.citrix.com

Citrix -Virtual

SQL 2008 Enterprise Edition www.microsoft.com


Microsoft - Database

Windows 2008 Datacenter www.microsoft.com

Microsoft- OS

Processor 2 Six-core AMD Opteron

Processor Cores Dual and Quad

a Cache memory Dual Rank Memory HP 16GB REG PC2-6400 8x2GB

Sockets 2

Max front side bus Processors Model 2435 (2 GGHz, 75W ACP)

Memory Type HP 16GB REG PC2-6400 8x2GB8 HP Sllm 12.7mm SATA DVD-RW Opt~cal Drive, HP Redundant Hot-Plug Fans Two Broadcom 5709 (4 Ports)

Standard memory 4GB. 6GB. or 12GB deoend~na on model - Max Memory 144GB

Memory protection , Advanced ECC; Mtrrored Memory

Max Drive Bays Up to 16 SFF SASISATA (with optional second drive cage)

Software Dual Rank Memory Citrix Essential XenServer Enterprise Media Software License HP P4101512MB BBWC

Expansion Slots SIX (6) avatlable - optional PCI-XIPCI-Express or x16 PC1 rtser

Storage controller Smart Array Controller HP 146GB

Form factor Rack

Rack height 2U

Network~ng [2] embedded BCM5709C with dclal port G~gnblt Network Adapters with TCPllP Offload Engine, HP Ftbre Channel 2242SR 4GB PCI-e HBA - Low Proflle 2

Remote management Integrated Lights-Out (iLO)

ot plug fully redundant

City of Laredo Bridge System CSC and Host Software and Sewer Upgrade Page 26

Additional Warranty Additional Warrant\ Information. Information HP Care Pack, 3 Years, 6 Hours, 24x7, CTR, ProLiant DL385

Processor Type HP Pro Liant DL385

Processor 2 SIX-core AMD Opteron


Cache memory Dual Rank Memorv HP 16GB REG PC2-6400 8x2GB

Max front side bus Processors Model 2435 (2.6GHz, 75W ACP)

Memory Type HP IGGB REG PC2-6400 8x2GB, HP Slim 12.7mm SATA DVD-RW Optical Drive, HP Redundant Hot-Plug Fans Two Broadcom 5709 (4 Ports)

Standard memory 4GB, 6GB, or 12GB dependinu on model - Max Memory 144GB

Memory protection Advanced ECC: Mirrored Memorv

Max Drive Bays Up to 16 SFF SASISATA (with optional second drive cage) - ,

Software Dual Rank Memory Citrix Essential XenServer Enterprise Media Software License HP P4101512MB BBWC

Expansion Slots Six (6) available - opt~onal PCI-XIPCI-Express or x16 PC1 riser


Form factor Rack

Rack height 12U

Networking [2] embedded BCM5709C with dual port Gigabit Network Adapters with TCPIIP Offload Engine, HP Fibre Channel 2242SR 4GB PCI-e HBA - Low Profile 2

Remote management Integrated Liqhts-Out (iLO)

System fans Hot plus fully redundant


Additional Warranty Additional Warranty Information. Information HP Care Pack, 3 Years, 6 Hours, 24x7, CTR, ProLiant DL385




Cache memow Dual Rank Memorv HP 16GB REG PC2-6400 8x2GB

Sockets 2

Max front side bus Processors Model 2435 (2.6GHz, 75W ACP)

Memory Type HP 16GB REG PC2-6400 8x2GB, HP Slim 12.7m1n SATA DVD-RW Optical Drive, HP Redundant Hot-Plug Fans Two Broadcom 5709 (4 Ports)

Standard memory 4GB, 6GB, or 12GB depending on model - Max Memory 144GB

Memory protection Advanced ECC; Mirrored Memory

Max Drive Bays Up to 16 SFF SASlSATA (with optional second drive cage)

Software Dual Rank Memory Cltrtx Essential XenServer Enterpr~se Medla Software Llcense HP P410/512MB BBWC

Expansion Slots Six (6) available - optional PCI-XIPCI-Express or x16 PC1 riser


Form factor Rack

Rack height 2U

Netwot k ~ n g [2] ernbedded BCM5709C wtth dual port Glgablt Network Adapters wlth TCPIIP Offload Engine, HP Flbre Channel 2242SR 4GB PCI-e HBA - LOW Proflle 2

Remote management Integrated Lights-Out (iLO)

System fans Hot plug fully redundant


Additional Warranty Additional Warant! Information. Information HP Care Pack, 3 Years, 6 Hours, 24x7, CTR, ProLiant DL385




Cache memory Dual Rank Memory HP 16GB REG PC2-6400 8x2GB

Sockets 2

Max front side bus Processors Model 2435 (2 6GHz, 75W ACP)

Mernory Type HP 16GB REG PC2-6400 8~2Gf3, HP Sl~ni 12.7mm SATA DVD-RW Optical Drive, HP Redundant Hot-Plug Fans Two Broadcom 5709 (4 Ports)

Standard memory 4GB, 6GB, or 12GB depend~ng on model

Max Memory 144GB

Memory protection Advanced ECC, Mtrrored Memory

Max Drive Bays I Up to 16 SFF SASISATA (with optional second drive cage)

Software Dual Rank Memory Citrix Essential XenServer Enterprise Media Software License HP P410/512MB BBWC

Expansion Slots Six (6) available - optional PCI-XIPCI-Express or x16 PC1 riser


Form factor Rack

Rack height i 2 U

Networking (21 embedded BCM5709C with dual port Gigabit Network Adapters wlth TCPIIP Offload Engine, HP Fibre Channel 2242SR 4GB PCI-e HBA - Low Profile 2

Remote management Integrated Lights-Out (ILO)

System fans Hot plug fully redundant


Additional Warranty Additional Warrant11 Information. Information HP Care Pack, 3 Years, 6 Hours, 24x7, CTR, ProLiant DL385

Factor HP Storageworks P4300 G2 6TB MDL SAS Starter SAN Solution

MDL SAS Starter SANliQ Storage Clustering SAN Software: SANliQ Solution Pack for Microsoft Windows

SANliQ Network RAID

, SANliQ Thin Provisioning

SANliQ Remote Copy (asynch rep)

SANIiQ Multi-SiteIDR Solution (synch rep)

Dual redundant, active-active storage controllers

' 16 MDL SAS Drives, ITB, 7,200 RPM

12 GB RAM

Redundant hot swap power supplies

1024 MB battery backed cache

Support for RAID 5,6, 10

iL02 Management

MDL SAS Starter SAN Services:


3 years hardware maintenance on-site, next business day

KVM HP 1x4 USBlPS2 KVM Console Switch PN: AFGI 1A

Keyboard HP TFT7600 Rackmount Kevboard

Cable Quantity 2 - HP 1x4 KVM Console 6ft USB Cable PN: AF613A

Network Quantity 4 - 12m LC-LC Multi-Mode fibre channel cable

Power supply type HP 10A IEC320 -C13 to NEMA 5-15 12 ft single power cord

System fans Hot ~ l u 4 fullv redundant . - - Warranty - year(s) Management 3 years parts, labor and onsite service (31313) standard (parts/laborlons~te) warranty. Certain restrictions and exclusions apply.

Factor HP Storageworks P4300 G2 6TB MDL SAS Starter SAN Solution

SANliQ Thin Provisioning

SANIiQ Snapshots

SANliQ Remote Copy (asynch rep) . -

SANIiQ Multi-SiteIDR Solution (synch rep)

Dual redundant, active-active storage controllers

16 MDL SAS Drives, ITB, 7,200 RPM

Redundant hot swap power supplies

iL02 Management


MDL SAS Starter SAN Services:

3 years hardware maintenance on-site, next business day

KVM HP 1x4 USBIPS2 KVM Console Switch PN. AF6I 1A

Keyboard HP TFT7600 Rackmount Keyboard

Cable Quantity 2 - HP 1x4 KVM Console 6ft USB Cable PN: AF613A

Network Quantitv 4 - 12m LC-LC Multi-Mode fibre channel cable

Power supply type HP 10A IEC320 -C13 to NEMA 5-15 12 ft single power cord

System fans Hot plug fullv redundant - .

Warranty - year(s) Management 3 years parts, labor and onsite service (31313) standard (partsllaborlonsite) warranty. Certain restrictions and exclusions apply.


New Hardware Configuration Diagram

Site iSCSl Network Plan

Slvl F~ber Links to Other Silos

s Foi d l i l a n ~ ~ s InSS than 20 km, ii 10 dB anenuntor inusl ha 2x HP PcoLisnt DL385 G6 uscrl. f r J9145APloCurve Sviitch 2910al-24G f or distail~es heiwoen :,(I km and 40 km a 5 dB all~nuzlor Ix-HP f lowwWorC6 PLWI'A---- liltlst be itred ,Ix J4BGI1C PmCuws Gjgab!l.Ln.iC Uinl.G@lC

Connections


The Bridge System users will be able to monitor and audit the system via a set of thirty five (35) pre-defined reports as detailed below and in Appendix " E - Bridge System Requested Reports. These reports reflect the plazas, vehicle classes, and payment methods associated with the LTCS.

TM Hourly Lane Traffic Report

TM Lane Traffic Summary Report

TM Lane Operations Report

TM Unusual Occurrences Report

TM Detailed Audit Report

TM Monthly Statement

TM Tag Accounts

lM Tag Status

TM Clerk Financial Activity Summary

TM Automatic Replenish

TM Insufficient Funds

TM Transactions

TM Closed Accounts

TM Expired Credit Cards

TM Collector Accuracy

TM Shift Summary

TM Prepaid Card Inventory

lM Prepaid Card Inventory Summary

TM Staff Registry

TM Client Login History

TM Journal

TM Tag Inventory

TM Customer Account Balance

TM Staff Registry

TM Total Revenue

TM Total Revenue Summary

TM Daily Manifest Deposit

TM Transaction Adjustment

TM Collector Tour of Duty

TM Collector Deposit Report

TM Collector Segment of Duty

TM Daily Collector Deposit TM Close Lane Activity Report (New)

TM Supervisor Activity Report (New) TM Traffic by Lane by Hour

These reports are described in the following sections. These samples should be considered representative of the types of reports that we will provide for the LTCS.


Hourly Lane Traffic Report

The Hourly Lane Traffic Report summarizes all lane transactions for each hour for a specific date\time select criteria. The standard report includes plaza, lane, MLT transactions by class, ETC transactions by class, ACM transactions by class, no pays by class, violations by class, and total transactions, For the LTCS, since there are no ACM transactions, the report will be customized not to show ACM transactions. One lane is presented per page. Adjustment will be added.

The following figure is a sample Hourly Lane Traffic Report.

O D U Y D Y O D 5 D D D O D D O D D L L O D O O D D D O O D D D D D D

O D D D O D 0 O t . O O D D * O D D P D D O D D D O D D D D O D O D D D I D L D S D D D O O O D D O B D O D D O D D D D O B O D D * L 1 , 3 D L L L S J n D

D O D D D D P O D * O D D * D O D D D O r . * @ O D D D O D O D L L 8 P D

O D D ' D P O D D O D LC. L 0 * b 0 0 D D D U P * *

J D O O P O O L D O D e D

O D D L D O L * * D D D O D O D D V D D D P D D O D D D D O O D D * D O O D D 0 O O D D O D D I D * n o t . 0 B D O D D O D O D O O D D O D D D D D O D D D

O O O D O D D D D P D D ---- ----- ----- --*-- ------ ----- ----- ----- ----- - ---- ------ --- --- --- L, )i 0 D L Z . 7 D L L L J $ S t . *

s- LIJD

D D D D D D D D 0 0 D P L D D O L z D D b D D D D D B D

D D D D D O P D D 0 D b P D D O D O D D L D L L D O L * D D D D D D B D D 0 P D D D D P S O D 0 O L D D D b D B 0 0 D O S D D B a L s D D D D D D Y - 0 0 b L D L L O D D D L L P D D O D D O a L D

D D D b D D D V I G 0 D D LDD 0 0 P B Lo* LP& D L S D O s L S

D D L ' D O 0 O L ' JI D O D I D O D O L b L D L S D O D I J h D D D O D O D D Y 0 I r * b D O D * D D 0 D P D D D D O D D * D b D D D D D e D

D O D P D D D D @ D -- --- ---. - ----- ----- --*-- ----- ----- ------ ------- I 0 s 9 D 0 0 * L I P L P D

Lane Traffic Summary Fbqmrt

The Lane Traffic Summary Report summarizes lane transactions on a specified date range. The standard report includes plaza, lane, MLT transactions by class, ETC transactions by class, ACM transactions by class, no pays by class, violations by class, and total transactions. For the LTCS, since there are no ACM transactions, the report will be customized not to show ACM transactions.

The following figure is a sample Lane Traffic Summary Report.


bane Operations Repart

The Lane Operations Report lists the lane openings and closings for a specified datehime range. The report includes plaza, lane, datehime opened, mode of operation, dateltime closed, and collector ID and name if applicable. These columns will be retained in the report in case the system expands in the future to include other types of lanes.

The following figure is a sample Lane Operations Report.

START DATE 04/15ml 00 00 01 &d OMahoma Transportation Authority REPORTDATE 5r21r2001 END DATE 04/15/01 1 1 59 59 PW TURNPIKE ALL LANE OPERATIONS REPORT TtME 02 15 00 PM

P W X ALL M E ALL

COLLECTOR ALL SORTBY P U V A

PLAZA: JKT - Rockwell Awe

I LAHE OPENED DATEfrlME CLOSED DATEnIME LANE MODE COLLECTOR I EB On Ramp Lane 2 04/15/01 03:01:01 PM 04/1511)1 0B:Ol:Dl PM ETCMLT 47. ROBERT ALLEN

EB On Ramp Lane 2 04/15/01 07:01:01 PM 04/15/01 12:01:01 PM ETCMLT 47 - ROBERT ALLEN

Page 1 of 50

Unusual Occurrences Report

The Unusual Occurrence Report lists all unusual occurrences within a specified date range for a specified plaza. The report includes plaza, date of occurrence, lane, staff ID, collector name, vehicle class, description of the unusual occurrence, expected revenue, collected revenue, and total unusual occurrences for the plaza. The following figure is a sample Unusual Occurrences Report.

START DATE: 0 4 / 1 5 / 2 0 0 1 END DATE: 0 4 / 1 5 / 2 0 0 1 TUIWPIKB: ALL

PLAZA: ALL LANE: ALL

COLLECTOR: ALL U/O TYPE: ALL

mTURNPIKB

PLAm - - - - - - - - - - ROCKWELL ROCKWELL ROCKWELL ROCKWELL ROCKWELL ROCKWELL ROCKWELL ROCKWELL ROCmIELL R O W E L L

Oklahoma Transportation Authority UIIUSURL OCCURRENCE

REPORT DATE: 0 4 / 1 6 / 2 0 0 1

1 2 1 0 - RAINW, J U L I E 1 2 1 0 - RAINBY. J U L I E 1 2 1 0 - RAINEY; J U L I E 2 311 - HKNRY, JOSEPH 2 311 - HKNRY, JOSEPH 2 311 - HKNRY, JOSBPH 2 311 - HKNRY, JOSEPH 2 311 - HKNRY, JOSEPH 2 311 - HENRY, JOSEPH 2 311 - HETRY, JOSEPH

CLASS ----- 0 2 0 0 0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 0

m DBSCfLTrnON BHV ------------------- ------ NO m! PUKE0 VSR 0 . 5 0 NO PEI LANg UPDATE 0 . 0 0 NLT NO PAY 0 . 5 0 NO PM RUN THnOUM 0 . 5 0 NO PM RUN THROUM 0 . 5 0 N O P M R U N T H n O U M 0 . 5 0 NLT LOST/STOLIW TAG 0 . 5 0 NLT UNDER CLASS 0 . 5 0 NLT OVER PAYNWT 0 . 0 0 NO Pl5 LANg UPDATE 0 . 0 0

---------------------------------------------------- *-- ----- ---- TOTRL PLRaA UNUSUAL (fCCUBRBKES: LO 3 . 5 0 2 . 0 0 I

PAGE 1 OF 3 0 I


Detailed Audit Report

The Detailed Audit Report presents a comprehensive chronological list of all lane activity for a specific time range. The Detailed Audit report shows data for each type of message sent by the lane controller, including vehicle transactions, mode changes, device status, and heartbeats. The format of the report changes depending on the type of message that is shown.

The following figure is a sample section of a Detailed Audit Report showing a vehicle transaction.

START DATE: 09-Aug-2002 1 5 : 0 9 : 0 0 REPORT ID: END DATE: 09-Aug-2002 1 5 : 1 0 : 0 0 DETAILED AUDIT REPORT PLAZA: 2 8 LANE: 6 09-Aug-2002 1 5 : 3 3 : 4 4

08-09-2002 1 5 : 0 9 : 0 4 S r c : 1 5 0 2 D s t : 5 0 S e q : 1 2 2 1 7 6 5 7 IPC: 5 2 5 AVI SEC READ TAG # : 1 6 0 0 3 8 7 6 I S S AUTH: 1 REGION: 1 0 RDR CONF: 1 2

08-09-2002 1 5 : 0 9 : 0 8 S r c : 1 5 0 2 D s t : 5 0 S e q : 1 2 2 1 7 6 5 8 IPC: 5 2 5 AVI SEC PROG TAG # : 1 6 0 0 3 8 7 6 I SS AUTH: 1 REGION: 1 0 RDR CONF: 0

08-09-2002 1 5 : 0 9 : 1 6 S r c : 1 5 0 2 D s t : 5 0 S e q : 1 2 2 1 7 6 5 9 IPC: 5 8 0 FF14 AVI 1 6 0 0 3 8 7 6 3 1 * * U n d e r Payment * * 1 0 1 2 2 0 2 - 2 -4 0 . 5 0 0 . 4 0 F

EV: OF1006EO XEV: 0 0 0 0 2 0 0 0 EVB1: 01000208 DSP: 0 x 0 0 0 6 QUEUES: EQ: 0 LP1: 0 Q1: 0 LP2: 1 Q2: 0 LP3: 0 SENSORS: LP1 On/Of f : 1/1 LP2 On/Of f : 1/1 LP3: On/Of f : 0 / 0 S t r a d d l e r : 0 VSR: Pmt : AVI C l a s s i f i e d : 0 R e s y n c : 0 T x R u l e : 0 P u r g e d : 0 S h i f t e d : 0 Gone : 0 MLT: P a i d : 0 R e c e i p t : 0 O p E r r : 0 RevRunThru: 0 AuthRunThru : 0 I n s u f F u n d s : 0 ACM: P a i d T w i c e : 0 R p t : 0 C o r r : 0 VLT: V a u l t : 0 l ( 0 ) 5 ( 0 ) 1 0 ( 0 ) 2 5 ( 0 ) 5 0 ( 0 ) 1 0 0 ( 0 ) R e j ( 0 )

AVI: AxleMM: 0 A v i S y n c : 0 V e r i f y : 0 Low: 0 Neg: 1 S t o l e n : 0 I n v a l i d : 1 Bat: 0 TAG: B a l : 0 . 0 0 Amt: 0 . 4 0 TS: 1 LB: 0 I F : 1 CL: 3 2 UCL: 0 RT: 1 VC: 2 RC: 0 VES: I d : 08-09-2002 1 5 : 0 9 : 0 4 O p e r : 0 A u d i t : 0

* * * END OF REPORT "+

Monthly Statement The Monthly Statements are generated for only those customer accounts that meet the selection criteria specified on the report generation screen. The statement details all transactions relating to the user's account for the specified period. If the account being generated has multiple tags, then each tag detail and summary information is clearly separated. Summary of account information reflecting all tags is included at the end of the report. Laredo Texas 78040 and Web Address will be added and international and tag deposit columns are deleted.


STEVEN SPEILBERG

2 HOLLYWOOD ST

LA, CA 92344-2311 USA

TAG NUMBER. 337291 1682

TAG TRANSACTIONS FROM CURRENT PERIOD:

TRANS DATE DESCRIPTION ...~

0011512000 13:10.48 AVI -TOLL

09/15/2000 16-4G:OE AVI -TOLL

C l W OF LAREDO -INTERNATIONAL BRIDGE SYSTEM

CUSTOMER SERVICE CENTER

LAREDO, TEXAS 78040

STATEMENT '-

LOCATION - ...- - -. - . . . -- BRIDGE 2 LANE 2

BRIDGE 2 LANE 2

ACCOUNT NUMBER: 12 ACCOUNT TYPE: COV STATEMENT DATE: 0911 812000 FOR PERIOD: 0911 812000 TO 09!1012000

AMOUNT -

0 on

< 150)

TOTAL S ( 150)

ACCOUNT TRANSACTIONS FROM CURRENT PERIOD:

TRANS DATE DESCRIPTION LOCATION -- . --.. ~- -- -- AMOUNT

09/18/2000 17.13 1% CASH - PAYMENT MAIN IAREDO CSC lo0 00

TOTAL B 10000

ACCOUNT SUMMARY

TAGCS) DtPOSlT -- 30 00

PREVIOUS DEBITS h PAYMENTS (L AVAILABLE BALANCE ADJUSTMENTS ADJUSTMENTS BALANCE

. - . - -- . - -. . " -. -. . . , - - -- .. - . . -. .... . - - - (1.998 50) 0 00 5 10000 2.098.50

DO NOT PAY -- THIS IS NOT A 5lLL


fag Accounts

This report provides a sorted ascending list of all tag accounts to which tags have been assigned. Accounts that do not have any assigned tags do not show up on this report. For reference purposes, Laredo tag numbers belonging to the account are also included in this report. Option to Open-Active, 6 months > 12, Close and Detail with taglacct and summary at end of report will be added.

CITY OF LAREDO. lHTLRNATlONAL B W G E SYSTEM REPORT ID: TAG-ACCT

199999999999399 TAG ACCOUNT REPORT PAGE: 1 01 2

IVAB,COVfKhWV WHOATE: 07fi7RMX1 16 21.00

TV W LAREDO - UTERNATmilAL BFWE SYSTRA

- IICCOUtlT -------- TAG VEHICLE

NUMBER W E STATUS NUMBER CLASS ST*TUS LICENSE ST NPE LIME 100EL Y E N I COLOR -- 1 POVM A C T M 024WEMQI 1 ACTIM PL62O TX ST0 I HONOA CRV 2040 RED

4 COV A C T M 0 ~ 4 0 0 ~ ~ 1 0 4 b INMTIM 0 TX ST0 l 0 0 in9 0

OZIWDWDI~Z 8 an* WE TX STO I E E ?OM E

021WOm0124 1 LOSTISTOLEN PlJSnNl TX ST01 PORSCHE 911 1098 BLUE

024000000l2b b %TIM K L 1WO J TX ST0 l L

O14WUC4127 8 ACTIM M TX ST0 I H 3 l W 0 H

021WDW0128 0 ACTIM OH TX ST0 l 30 K 2000 H

024WOM0120 8 %TIM A TX ST0 l H 2 2W0 H

024WDMiD130 8 %TIM 1HVVJB TX ST01 8 ti 1W0 N

024WWWI31 b =TIM MK TX ST0 l I 1 1WO L

024WWWl32 0 %TlK VVW TX ST0 l 2N N low W

024WUC4133 b %TIM /Ui TX ST0 I 2N N 1880 N

024WOOW134 0 A C n M MSL TX ST0 1 2DW WKI 3000 JKL

024000000135 0 X T I M NO TX ST0 I N N Iow KOJ

KSJKL TX ST0 1 S K I JKU l W 0 KWJ

POWERS3 TX $10 l MERCEOES 60051 IOOO RE0

I TX ST0 t LK W 2000 JL

WBN TX ST0 l B KH 2WO 8 I


Tag Status

No information is necessary to produce the Tag Status Report. The report will be generated for the current day. Coluinns Active, Domat and NONREV will be added.

CITY OF LARI-00 - lNTER1lATIONAL BRfOGE SYSTEM REPORT ID: TAG-STATUS

TAG STATUS REPORT PACE: l o l l

RUN DATE : 07ll8RWO l2:?106

LOSTllTOLEN

*.'END OF REPORP"


Clerk Financial Activity Summary

This report lists all of the amounts by each clerk and totaled for the specified period. Total, add () negative, Add Credit, Net Change and Summary fields will be added.

CITY OF LAREDO - INTERNATIONAL BRIDGE SYSTEM

CLERK FINANCIAL ACTIVITY SUMMARY REPORT

Rut1 DATE : 07n8f2M)O 123 5:38

STMF I 0 STPSF NRAE

4 HPNNIW SCCLERK

QPQU BW G R W

CREOIT CPRO

$ 5.46400

8 0 00

5 0 0 0

% 0 0 0

46.00

S 0 0 0

6 0.00

8 4.449.00

5 0 00

5 0.00

I 0.00

$ 0.00

TOTAL CREOITS

S 5.464.00

5 40000

5 24.52

8 64.00

$ 49.00

$ 05.00

$ 0.01

5 4,914.00

(6 4 0 0

$ 70.00

$ 130.W

$ 3.030.00

REPORT ID; BC-REVEN PAGEI 1 of 1


Automatic Replenish

This report includes information for prepaid accounts requiring an outstanding replenishment. The replenishment is performed after the account reaches the "low balance" threshold. Multiple replenishment attempts are performed for accounts that are not successfully replenished on the first attempt. Automatic notification and update Credit Card Information are added to the application. (Automatic notification to customers 30 & 60 days prior to card expiration to the software side of application)

RUN DATE: 0 3 / 0 2 / 9 8 LAREDO SERVICE CENTER REPORT ID: SC/REPLENSH.O00456 RUN TIME: 0 8 : 4 2 : 1 2 AUTOMATIC REPLENISHMENT REPORT PAGE: 1 START DATE: 0 3 / 0 1 / 1 9 9 8 END DATE: 0 3 / 0 1 / 1 9 9 8

SUMMARY DETAIL

TOTAL NUMBER OF BATCHES : 3

BATCH NUMBER : 1 BATCH START DATE/TIME : 0 3 / 0 1 / 9 8 1 4 : 1 5 : 5 2 BATCH END DATE/TIME : 0 3 / 0 1 / 9 8 1 4 : l l : O S

TOTAL ACCOUNTS TOTAL AMOUNT I ACCOUNTS ATTEMPT60 :

ACCOUNTS NOT SENT TO CLEARING HOUSE : ACCOUNTS SENT TO CLEARING HOUSE : I ACCOUNTS NOT APPROVED : ACCOUNTS APPROVED :

ACCOUNTS NOT POSTED : ACCOUNTS POSTED :

BATCH NUMBER : 2 BATCH START DATE/TIME : 0 3 / 0 1 / 9 8 1 4 : 2 3 : 2 5 BATCH END DATE/TIME : 0 3 / 0 1 / 9 8 1 4 ; 2 4 : 4 1

TOTAL ACCOUNTS TOTAL AMOUNT I ACCOUNTS ATTEMPTEO : 1 4

ACCOUNTS NOT SENT TO CLEARING HOUSE : I ACCOUNTS SENT TO CLEARING HOUSE :

ACCOUNTS NOT APPROVED : I ACCOUNTS APPRDVED :

ACCOUNTS NOT POSTED : 0 0 . 0 0 ACCOUNTS POSTED : 0 0 . 0 0


AUTOMATIC REPLENISHMENT REPORT

END DATE: 0 3 / 0 1 / 1 9 9 8

BATCH NUMBER : BATCH START DATE/TIME : 0 3 / 0 1 / 9 8 1 4 : 4 0 : 0 5 BATCH END DATE/TIME : 0 3 / 0 1 / 9 8 1 4 : 4 4 : 2 1

TOTAL ACCOUNTS TOTAL AMOUNT ACCOUNTS ATTEMPTED : 1 4 4 5 6 . 0 0

ACCOUNTS NOT SENT TO CLEARING HOUSE : 2 5 0 . 0 0 ACCOUNTS SENT TO CLEARING HOUSE : 1 2 4 0 6 . 0 0

ACCOUNTS NOT APPROVED : 4 1 4 0 . 0 0 ACCOUNTS APPROVED : 8 2 6 6 . 0 0

ACCOUNTS NOT POSTED :

AUTOMATIC REPLENISHMENT REPORT START DATE: 0 3 / 0 1 / 1 9 9 8 END DATE: 0 3 / 0 1 / 1 9 9 8

FAILURE DETAIL

ACCOUNTS NOT SENT TO CLEARING HOUSE

ACCOUNT NAME TAG BATCH DATE FAILURE REASON CREDIT CARD NUMBER TYPE EXPIRE P / S AMOUNT ------- ......................... ------- ----- -------- ............................ ------------------ ---- -- - - - - - - - - - - - - -

RUN TIME: 0 8 : 4 2 : 1 2 AUTOMATIC REPLENISIIMENT REPORT START DATE: 0 3 / 0 1 / 1 9 9 8 END DATE: 0 3 / 0 1 / 1 9 9 8

FAILURE DETAIL

ACCOUNTS NOT APPROVED

BATCH DATE FAILURE REASON CREDIT CARD NUMBER TYPE EXPIRE P / S

------- -------------------.------ ----- -------- ............................ ------------------ ---- ------ ---

1 0 4 7 8 SMITH, FRED 1 0 3 / 0 1 / 9 8 NOR-NUMERIC AMOUNT 4 5 6 7 8 4 4 4 4 4 4 4 4 4 4 8 VISA 0 2 / 9 9 S

2 0 3 / 0 1 / 9 8 NON-NUMERIC AMOUNT 4 5 6 7 8 4 4 4 4 4 4 4 4 4 4 8 VISA 0 2 / 9 9 S

1 0 4 7 8 SMITH, FRED 3 0 3 / 0 1 / 9 8 NON-NUMERIC AMOUNT 4 5 6 7 8 4 4 4 4 4 4 4 4 4 4 8 VISA 0 2 / 9 9 P

1 0 6 7 2 YORK, MARK K. 1 0 3 / 0 1 / 9 8 AUTHORIZATION PROHIBITED 3 7 8 5 3 3 7 2 0 6 0 1 0 0 8 AMEX 0 8 / 9 9 P

1 0 6 7 2 YORK, MARK K . 2 0 3 / 0 1 / 9 8 AUTHORIZATION PROHIBITED 3 7 8 5 3 3 7 2 0 6 0 1 0 0 8 AMEX 0 8 / 9 9 P

1 0 6 7 2 YORK, MRRK K. 3 0 3 / 0 1 / 9 8 EXPIRED 3 7 8 5 3 3 7 2 0 6 0 1 0 0 8 AMEX 0 8 / 9 9 P


RUN DATE: 03/02/98 LAREDO SERVICE CENTER REPORT ID: SCIREPLENSH.000456 RUN TIME: 08:42:12 AUTOMATIC REPLENISHMENT REPORT

START DATE: 03/01/1998 END DATE: 03/01/1998

I FAILURE DETAIL I ACCOUNTS NOT POSTED

ACCOUNT NAME AMOUNT ------- ...................... - - - - - - -

10004 COLLIE, RACHEL 40.00

10083 RODMAN, DENNIS X 35.00

10662 FITANIDES, ANDREW 1.00

PAGE: 5

BATCH DATE FAILURE REASON CREDIT CARD NUMBER TYPE EXPIRE PIS

----- -------- ............................... ------------------ ---- ------ --- -

3 03/01/98 CC CBARGED BUT TRANS NOT POSTED 372870665623001 AMEX 10/98 S

- APPROVAL # : 7177777777 3 03/01/98 CC CHARGED BUT TRANS NOT POSTED 4444444444444448 VISA 02/00 S

- APPROVAL # : 777 3 03/01/98 CC CHARGED BUT TRANS NOT POSTED 6011000993089089 DISC 01/99 P

- APPROVAL # : 71777

I ' *+ END OF REPORT *"


Insufficient Funds

This report shows the criteria for sorting insufficient funds and low balance data. Default sort sequence is Account Number. Report selection POV, COV, All will be added.

BCCOUNT NUMBER ACCOUNT N P E 14 COV

OF $.CCOONTS I N lNSUFFlClENT FUNOS: 1

' L A E N D OF REPORF*.


This screen captures all pertinent information necessary to produce the Transactions Report. By default, the report includes all the transaction codes. If the user selects Select Transaction Type(s) field, a list of all available transaction codes is displayed. The user can select one or more transaction codes. At least one transaction code must be selected to produce the report. Not all of the displayed transaction types are applicable to the Laredo Service Center Application.

CITY OF LAREDO -INTERNATIONAL BRIDGE SYSTEM

TRAI4SACTIONS REPORT

RUNDATE: 01t2912003 15'01:48

lRANSACTlON N P E DESCRIPTION DATE /TIME

CASH. PAYMENT

NUMBER OF TRANSACTIONS:

CHECK- PAYMENT

CHECK- PAYMENT

NUMBER OF TRP.NSACTIONS:

CC . PAYMENT

CC - PAYMENT

NUMBER OF TRANSACTIONS:

DEBIT OTHER

NUMBER OF TRANSACTIONS: 1

TOTAL TRANSACTIONS: 6

CLERK ID MGR ID ACCOUNT

1 120

TOTAL AMOUNT:

TOTAL AMOUNT:

1 88

"= END OF REPORTm*

TOTAL AMOUNT:

GRAND TOTAL:

REPORT ID: TRANSTYP

PAGE: 1 of 1

AMOUNT COMENTS

1.00 43J CUST. PAYMENT 120lrD2

1.00

2.00 ADJ PAYMENT FOR

D W E O TAF 1 58748

2 .oo


Closed Accounts

The Closed Account Report screen captures all information required for generating the Closed Account report. Information for accounts that have been closed within the reporting period is reported. The ability to select closed account and new account will be added.

START DATE: O7n8RWO CITY OF LAllfDO- 1HTEWTK)NAL BRmGE SYSTEM REPORT In: CLOSEACT

EHO OATC OTlI8NiW CLOSED ACCOUNT =PORT PAW. i of i WNOATE: o7nanmo 93 074s

H U E 'IUUBER MPI 8WBPREIS ACCT BII OWPHOWE CWL STWF 01rEmCLL

REGO R I E W O I $2 ? O W I t3 FMT-T IC P V C A I I N d IORX. llY lo) (al8)8M 250 cam2 "I*

e 0 0 07118"m

"' fHO O i REPORT .'.


Expired Credit Cards

The report produces a list of all credit cards (for all active accounts) that are due to expire or have expired within the specified period of time. These credit cards are used to automatically replenish the customer's account each month. This report shall allow the ability to resolve credit card expirations prior to their failed use, and thus reduce replenishment failures. Automatic notification will be added on the application.

EXPIRED CREDIT CARD REPORT PAGE: I of 1

RUHOATE: OItl8RcOO 1311:s

WE RCCOUNTNUMBER ACCOUNT STATUS PREI POST HOME PHONE U R O N P L GLW.IL rann REPLENISH MlOUNT BRI*NCF POWERS. WSTIN 4 & c T M PREPAJD (P)USA (P)@?RWO ( P ) ~ 7 7 7 7 1 l l l P W D $ 1 W M $ IZ.7POW

($)USA (S)D7RWO (S)-


Staff Registry

The Staff Registry Report screen captures all information required for generating the Staff Registry Report. The default criterion is by staff name. If the user chooses to sort by user level, the secondary sort criterion is by name.

SORT BY: S T A F F ID

STAFF I D

3

4

5

8

7

8

e

1 1

12

CITY OF LAREDO - ItiTERNATlOtiAL BRIDGE SYSTEM

STAFF REGISTRY REPORT

RUtl DATE: 01 R9R003 11.28 09

STAFF NPME PHONENUMBER

ALONSO ALVAREZ (956)7244438

M I A D . ABREGO (956)712-0007

JAUER A U N A (958)727.5053

DAUO BUSTOS JR.

CRiSTOBAL CARRIZFVES

T O W CASTILLO @58)7228895

LUIS CASTOR

CARLOS CHAVARRIA

COLLECTOR SPARE (956)728.4738

USER ID

ALVAREZM

ABREGOM

AM EIAI

BUSTOSD

CARRIZFVESC

CASTILLOT

CASTORL

CHAVARRIAC

DELWOSAE

USER LEVEL

COLLECTOR

COLLECTOR

COLLECTOR

COLLECTOR

COLLECTOR

COLLECTOR

COLLECTOR

COLLECTOR

COLLECTOR

"END OF REPORT*"

REGISTER DATE

0811711000

0811811000

08/1~11000

0811811000

04112110UO

0411211000

04/1211O00

0811811000

0411 211000

REPORT ID: STAFF

PAGE: 1 of 1

TERM DATE PROX CARD ID

1037

1049

1030

ill9

1080

1120

1002

1025

1155


Client Login History

The Client Login History Report generation screen captures the information required for generating the Client Login History Report. The history is sorted by login date and time. The tile of this report will be change to "Staff Login" instead of Client Login History Report.

SORT BY: STAFF M

STAFF I D STWF NAME LOGIN 08TEnlME LOGOUT DATETIME WORKSTATION ID

0311812W3 08:15:46 031l812003 10.05:4! BPRZIA BRIDGE4 CSC

0311812003 10:27:14 0311812003 l0.41:41 OZEROVAN BRIDGE4 CSC

0311812003 11:25:41 031l812003 11:35:42 OZEROVAN BRIDGE4 CSC

0311812003 13'5848 0311812003 14-05:13 OZEROVAN BRlDOE4 CSC

031181200~ 14:1003 0311812003 14:11:39 8A+7ZIA BRIDGE4 CSC

0311812003 14'32:25 0311812003 14.34:42 BPRZIA BRIDGE4 CSC

0311812~3 14.33:42 ~ ( ~ 1 8 1 2 ~ 3 14.34.38 BPRZlA BRIDGE4 CSC

0311812003 14 3535 0311812003 1438:13 BARZlA BRIDGE4 CSC

0311812003 14:3807 0311812003 14'37 24 8REWiDS BRIOGE4 CSC

0311812003 19:37:11 0311812003 14:38.02 BREWOS BRIDGE4 CSC

0311812003 14.3955 0311812003 14.50:48 BPRZIA BRIDGE4 CSC

0311812003 14.51:18 0311812003 14.52:17 8ARZlA BRIDGE4 CSC

0311812003 14:51:48 BARZIA BRIDGE4 CSC


This report produces a list of all transactions occurring within the selected start and stop period for each clerk. The report should be produced daily to help account for all cash, credit cards, and checks processed by the Service Center. Transactions are sorted by clerk, in time sequence, to provide an overall summary at the end. The following columns tile will be change: "tag deposit" will be change to "tag fee", "cash payment and check payment" will be change to "cash deposit and check deposit" and all payments will be separate into 2 separate categories.

c ~ t ~ a ~ c u . m r c w ; * r ~ w x m o s ~ s v s r t ~ JOURNAL

RUN DAl t : OZi:11::i0! 07 ':I Z 5


hag Inventory

This report presents the current tag location, style, account type, status, and other associated data for a tag, a range of tags or all tags. Drop down option for detail and summary will be added. Adding Daily Tag inventory information into Tag Inventory.

STARTTAG: ZUO EIID TAG: 209

SORTED BY : TAG NUMBER

JAG LOCATION

CLERK

SUSPEIIDED

SUSPENDED

CUSTOMER

CUSTOMER

CUSTOMER

CLERK

CLERK

CLERK

CLERK

TOTAL NUI&BERi OF TAGS 10

CITY OF LAREDO - ItlTERIIATIOtiAL BPJDGE SYSTEM TAG lIlVE1kTORY REPORT

RUH DATE: 0711~nooo 13:34:28

REPORT ID: TAG-PW PAGE: 1 of 1

hCTIV1M DATE A l l 0 TINE STAFF NRME

O ~ ~ D ~ ~ O U O 17:18 4 HMIIIM SCCLE'K

07flORbOO 17 02

07118RODO 13:W

O7lllROUb 11 30

b7iI7dODQ 15:37

07I17NOUO 15.48

D7i1DRUDO 16.44 9V88 BEN URIMd

Oif lMOOO 18 .IO 89aa BE11 GRIM4

67/10TIODO IS 4Q P?$$ BE14 GRllrtul

07/1UR000 I d .IO 8898 BEN GRlhtd

ACCOUNT NUMBER ACCOUNT TYPE TAO SMLE JRC STATUS

IHTERIOR

EXTERIOR

EXTERIOR

15 POVAB EXlERlOR K T l K

21 PGVAB EXTERIOR A C T l M

13 COY EXTERIOR K T I \ &

EXTERIOR

EXTERIOR

EXiERlOR

EXTERIOR


Customer Account Balance

This report is selected from the Reports menu on the Service Center (SC) software. This screen captures all pertinent information necessary to produce the Customer Account Balance Report in either Summary or Detail.

START DATE: O7n 712000 CITY OF LAREDO - INTERNATIONAL BRlDGE SYSTEM REPORT 10: PAT-BAL-SUM EttD DATE: 07ti7L?000 CUSTOMER ACCOUNT BALANCE REPORT--SUMMARY PAGE: < of 1

RUN DATE : 07ti8R000 13.39.32

ACCT UCCT PUT RUT0 DIRECT BEGINNING TOLL OTHER ENDING TYPE METHOD REPLEN PMT BRLANCE TRlNSCCTlONS PWMENTS TRIINSUCTIONS BALANCE

C O V PREP#O NO NO 5 e7.305 00) 00.00 00 1 00.00 (E7.305 00)

YES N O 2 CB.150 00) 00 00 OD W OODO (8,350.00)

SUBTOTAL PAY METHOD: PREPAlO 7 I75.6SS.001 00.00 00 W 00.00 (7S.655.00) SUBTOTAL 8 C C T N P E : cov 7 175.655.001 00.00 0O.W 00.00 llS.hS5.00l

POVAB PREPlUD NO N O 6 R.355 00) 00.00 0O.W DODO R.355.00)

YES N O I I50 W ) 00.00 O O W DO00 (50.00)

SUETOTnL PAY METHOD: PREPNO 7 12.405.001 00 .00 00.1 00.00 (2.40S 00)

SUBTOTAL ACCTMPE: POVRE 7 12.405 00) 00.00 DO 1 ooao (Z,MS.WI

SYSTEM TOTALS: 14 178.060 001 00.00 00 1 00.00 118.060.001

SUMltARY BYACCOUNT PAYMENT METHOD ONLY POSTPlUO 0 00.00 00.00 0O.W 00.00 00.00 PREPAJD 14 t78.060.00) 00.00 00 00 OORO 678.06000)

N I A 0 00.00 00.00 00 W 00.00 00 00

SYSTEM TOTALS: 14 178.060.001 00.00 00 00 00.00 118.060.001


Staff Registry

This screen lists all staff members who have authorization to access the Service Center application. It allows addition, termination and display of staff members. Once a new staff ID has been created, the application is ready to accept logins from the user, initially using the default password. Once a staff ID has been terminated, it cannot be reactivated.

SORT BY: NAME CITY OF LAREDO - I t ~TE lU IAT IO t lAL BlUDGE SYSTEM

STAFF REGISTRY W P O R T

RUN DATE: 0 7 0 0 0 0 0 0 16:16:16

M P O R T 10: STAFF

PAGE: I of 2

REOISTER TERM STAFF 10 STAFF NAME PHONE NUMBER USER I 0 D&TE Q&T&-- USER LEVEL

lOlOl BRUCE LEE (111)111 !I11 COLLECTOR! COLLECTOR OJ/lDROOO

54) BUNK DEBUNK DEBUNK TECHNICIAN 08R2i2000

QQW CAPTPJN WERICA CAP MANAGER 07114ROOO

804 CASHIER 804 CSR804 CASHIER 03113n000

4444 COLL4 C0LL.I COLLECTOR O3RO/2OOO

555s COLM COLW c o t LECTOR O ~ ~ D R D D D

6886 COLLB COLUB COLLECTOR 03R012000

123 COLLECTOR $23 COLLI~J COLLECTOR o ~ n 2 n o o o

555 COLLECTOR 555 COLL555 COLLECTOR 03R2ROBO

808 COLLECTOR 808 COLUOB COLLECTOR 03113n000 03/13ROOO

807 COLLECTOR 807 COLWO~ COLLECTOR 0 3 n 2 ~ 0 o o

801 CSR-SUPER 801 CSRSUPERIOl CASHIER SUPR 03113ROOO

@OO DT-CASHIER-SUPER DLCASHIERSUPER CASHIER SUPR 05m8~000

88888 FESTER BERTESTER FESTER W A G E R 0 4 ~ 7 n 0 0 0

88Q7 FRANCESXWER WWER W A G E R 07ROROOO

99988 GOB FREO TECHNICIAN 05n6nooo

I5 HANNAH CASHIER HANNAHCASHIER CASHIER 07/IQR000

17 HANNAH CASHIERSUP HANNAHCASHIERSUP CASHIER SUPR 07110nooo

18 HANNAH HOSTSUPER HANNPHHOSTSUPER SUPERWSOR O7/lQROOO

18 HANNAHWAGER HANNIWMANAOER W A G E R 0711ORODD

18 HANNAH OPSSUP HANNAHOPSSUP OPS SUPR 07/10R000

20 HANNAH TECHNICIAN HANNAHTECH TECHNICIAN 07/tenooo

z HOST WAGER TESTIOH WAGER 0 5 n ~ n o o o

21211 JO YOMNdA Y O W SUPERWSOR 05i30ROOO -=v-='r .r.*-,.SL~<'*-#~**:rn- ><*ti. AS<-< *< .2:<=- zz-2 .--, : r-z=.rr -* x-z. ' c...--z""----%-.-> -% s . -%-z*- ..-=" 2, %- -.-----<c-** ".. *


Total Revenue

The Total Revenue Report generation screen captures the selection criteria necessary to create the report, then submits it to execute in background

START DATE: 061D1 12000

EIID DATE: 0712012000

BRIDGE LANE - - 1 NO DATA

BRIDGE TOTALS:

2 2

BRIDGE TOTALS:

3 NODATA

BRIDGE TOTALS:

4 NO DATA

BRIDGE TOTALS:

CASH - INOlCATED

0.00

0 .oo

473.50

473.50

0.00

0.00

0.00

0.00

CITY OF LAREDO - INTEIUlATlONAL BRIDGE SYSTEM

TOTAL REVENUE REPORT

RUN DATE : 0712012000 16:19:24

PPO - CASH INDICATED

0.00% 0.00

0.00

AVI - PPO 96 INDICATED - - 0.00% 0.00

0.00

85.53% IQ.00

PPD % INDICATED

0.00% 0.00

REPORT ID: TOTAL-REV

PAGE: 1 Of I

CASH - DEPOSITED

N I A

223.29

N I A

715.75

N I A

10.10

N I A

0.00

GRAND TOTALS:

CASH INDIDEP

VARIANCE

N I A

223 29

NIA

242.25

NIA

10.10

NIA

0.00

475.64


Total Revenue Summary

This reports shows summaries for each Bridge, payment type (cash, prepaid, and AVI), and vehicle type, of vehicle count, axles and revenue. Balance for the day and include adjustments will be added. This report includes transaction adjustments.

START DATE lOfl lP2002

END DATE IO~llROO2

CITY OF LAREDO. IIITERNATIDNAL RRlDGE SYSTEl4

TOTAl REVENUE SUILIARY REPORT

RUN DATE: ion~.a102 12:28:28

REPORT ID: TOT_f+EY_SUfil

PAGE: 1 of 1

TOTAL REVENUE rlzm


Daily Manifest Deposit

This report lists revenue for each day of the specified month, broken down by shift and bridge. The revenue is displayed cumulatively, growing as the month progresses. Data on total revenue by day for each bridge, all bridges in the current year and the previous year, and the daily and cumulative differences between the two years are also displayed. In addition, total amounts for the month are provided for each method of payment (MLT, PPD and AVI) for each shift on each bridge, total shifts on each bridge, all bridges in the current year and the previous year, and the daily and cumulative differences between the two years. Add adjusted to reflect the shifts (MN, AM, PM)

I MONTH: AUG YEAR : 2000

DAy

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

TOTAL CASH:

CITY OF LAREDO - INTERNATIONAL BRIDGE SYSTEM REPORT ID : DCY-MAN-DEP

DAILY MANIFEST DEPOSITS PAGE : 1 of 4

RUN DATE : 09/15/2000 14:00:18

BRIDGE 1

PM MN TOTAL

0.00 0 00 0.00


Transaction Adjustment This report displays Transactions Adjustments, as entered using the Transaction Adjustment screen, for the requested transaction reporting period. The following screen is used to generate the Transaction Adjustment

RUN DATE : 10:2RI)2

RUN TIIdE : 1524 16

CITY OF LAREDO - IEITERNATIOt4AL SRIDGE SYSTEM

TRANSACTION ADJUSTIvlENT REPORT

START DATE: 10JllIJWZ

END DATE: 10?1I!2632

COLLECTOR ID: B E

REPORT ID:lI?,V4S.MlUST

PAQE: I

INDICLTED IX WlE TteE BRIDGE U I I E CQLLECTilR GLASS N P E - - TRANS REVENUE AXLES &DJ. BY LDJ DATE

la1 I /~- , I 07.58 $3 2 2 ~6 5 C~~;;ILFI.I I 2.m 2 rem2 i o ~ i ~ i , x m IC\'lit2:~:>2 07.58 3.3 2 2 KV ii 1~I'I~I)I) t 1l .m 3 C%O2 lC+'lU'2QP2

"'END OF REPORT"'

Collector Tour of Duty The report fulfills all the requirements for the Laredo-requested Collector Daily Exception report and is primarily run at the conclusion of each collector's tour of duty. It contains data necessary to reconcile the collector's tour and deposit.


BUSINESS D T E : 1Cvllr1002 CITY CIF LAREDO. INTERNATIONAL BRIU-3E SYSTEI.! REPORTID: COLCTOUR

COLLECTOR TOUR OF D U N REPORT P A W : 1 c( 2 RUE1 BATE: 10!22QW2 1(nsl:03

TLWPST~TULTETILIE: IOrll:3"U101M36

TOUR END B&E'TI!~IE: !01111>IU?Di :B51

COLLECTOR: W5 AI1IR W L L E C E I I

DAlE'TnIE OPEN DbTE'nIE CLOSED BRIDGE - LANE - VEn'PEO ClLES a L E V L R

Il l l IZCCVll7 F856 l i \ l l t i X 0 7 9 i ST51 BRIDOl: 7 7 4 4 5

,RalSkTnllS l - C f i P l rPPD7 -l<l7 r l l Q PAW.lENT 7 7 U0 - 5S5H t V I

cmss cMn r m s u s n i PPD LVI NQ WI SUBTOTE UllUER OVER ----

2 0 0 0 1 1 2 0 2 0 0 0 0 0

5 1 0 1 G O O 0 U 1 X D O 0 0 0

6 G 0 0 1 0 0 0 0 I X O D D 0 0 - - - - - - - - - ----- TGTALS 1 a 1 1 1 1 2 9 d O ~ O C G

CE.H PPD TCtTbl cusr, t ~ ~ o ~ c n r t o I~IGI~AXC nmlrsnzo uoiZF6 LnJ

2 sow scrim sr m rl.;a

h 92% SOII $>W $250 X

6 s o w S I I ~ r t l o o x ----- TOTALS 52.50 SIl.BO S 1 . I fl$.OO

C&%H - 7 COLLECTORGEP~BSIT- P R E P A I D - ,

CASH CASH PPD PPO D E P S > ~ 1 l le l ia rFe */LnltJ.rzE W L L E C ~ l 14@lr :&~ ' I ~ R l ~ I l ~ ~ E

3Ct0 3 0 - W 5 0 (OuB 611.60 411L13

Collector Deposit Report This report fulfills all the requirements for the Laredo-requested Collector Total Shift Report. The Collector Deposit receipt contains information about the revenue collected and deposited by a collector during a single tour of duty (shift). The report is printed automatically after the collector makes the shift deposit. There is room at the bottom of the receipt for both the collector's and the cashier's signatures, attesting to the accuracy of the data. One copy of the report is printed. The option to print another is offered to the user.


BUSINESS DATE: 07M 4i2000 CITY OF LAREDO - INTERNATIOHAL BRlDGE SYSTEM REPORT ID: COLL-DEP-RCPT

BNDGE: 2 COLLECTOR DEPOSIT RECEIPT PAGE: I of I

SHIFT: AM Wtl DATE: 07i20i2000 17:14:58

COLLECTOR ID: 101 01 BRUCE LEE

CASHIER ID: 9998 SUPERGIRL

US MEX.

BILLS NUMBER AMOUNT COINS NUMBER AMOUNT BILLS 1 COIN NUMBER AMOUtlT

$ 20 0 $ 0.00 0 . 2 5 0 $ 0.00 $100 0 $ 0.00

B 10 1 % 10.00 $ . I 0 0 $ 0.00 $ 50 0 $ 0.00

B 5 0 $ 0.00 $ .05 0 $ 0.00 $ 20 0 $ 0.00

$ 2 0 $ 0.00 g . 0 1 0 $ 0.00 $ 10 0 0 0.00

$ 1 0 $ 0.00 Coins $ 0.00

lvl~scellaneous Coins $ 0.00

TOTAL: $ 10.00

Total US Bills US $ 10.00

Total US Coins US $ 0.00

TotalMex Pesos US $ 0.00

$ 0.00 TOTAL: $ 0.00 Mex. Pesos

$ 0.00 US Dollars

Total Pre~aid $ 11 .OO US Dollars

Disclosure Disclosure

The cash amounts identified in the collection count have been counted The cash amounts identified in the collection count have been counted, in my presence, and thereby, I agree to the count. verified, and deposited by me in accordance wlh the Laredo Bridge Systen

deposit policy.

Collector Signature Cashier Signature BRUCE LEE SUPERGiRL

Collector Segment of Duty

The report generation screen captures the required information necessary to produce the Collector Segment of Duty Report


BUSIIIESS DATE: 10!11:?002

srCI,tCit? ST.IRTD~;~C!III.~T: 10711~~~0207 63 3;

SEGf*lCNr END b&lE!II18TF: lC1'11!2CU?Olfi3 dl

COLLECTOR: <Dj AldlRCN.1ECT.3U

CITY OF LAREDU - INTERtdAllONAL BRIDGE SYSTEf4 REPORT 10: COLCSEG

COLLECTCiR SEGl,!EFIT OF DUTY REPORT PAGE: l vf 1

RUN DATE : 10,?.1!2002 10:5?:23

TR*IIF~Cll,il,S CAS1- PPD7 ,- Ni l --, - 110 PmL1r.llr7 1'*51l &>I lC!l/J I

PPU AVI Ill? W I su~lcoibi- C L I i i S

Cl ASS C4411 IIP SUI?I* - - - - --

Colllectar Accuracy This report fulfills all requirements for the Laredo-requested Collector Accuracy Report. The Collector Accuracy report contains information about the revenue collected and axles counted by a collector over a given time period.


$.*I*( I I I I I . .,*,-,>,,,., run onrr e ~ r x m w

Shift Summary

The Shift Summary report contains summary information about revenue and traffic during a single shift or all shifts during a single business day.


BUSIIIESS OATE 07fi4ROM1 CITY OF LAREDO - 1tlTERNATIOWAL BRIDGE SYSTEM

SHIFT SUMMRRY REPORT

RUN DATE: 0700R000 17.30 27

REPORT 10: SWT-SW

PRGE: l of l

r-COLLECTORy ChSH I PREPNO --------r

D IT *oJusrFo lNolcnrlo =I OEPOSITE OVER! ID NWE - COINS PESOSIUSI &%# @JUSTMENIS WS!I W T d E4.&Y.I

lOlOl BRUCE LEE

TOT~LS:

SIO.OO 111.00 f0.w 'irooo row $ l o r n ram r toao r11.06 r o m r t t w ---- ~ l o . ~ ~ D O m o o r r o m m oo p %lo 00 - e.00 - $1000 ~1)00 v --mix

CASH - CASH ~COLLECTORT I CLASS 3 NAME

I TOBI 1 2 z s 9 r o ? r x ~ m

t01OI BRUCE LEE 0 0 0 0 6 0 0 0 0 0 0 0

TOTNS. - - - - - - - - - - --

O O O O O O O D O O 0 0 CASH AIITS tom ,om ID^ +om tom lam (om I O ~ *om )om

W PREPAID ~COLLECTORT r- CLASS

I[? W E 1 m

I @ I 5 I P P 10 ? 1 ! 2 4 - g & &

IOIDI BRUCE LEE 0 0 0 0 0 0 0 0 0 0 0 0

10TALf: --- - - - ------

0 0 0 0 0 0 0 0 0 0 0 0 PPD RUTS +om 'om 'om mm lorn tom tom lorn $0- ID-

EU IY i ~COLLECTORT P CUSS lo NnstE

I T m ? 2 L a B I B 9 i e U 2 2 ~ ~ ~

I0101 BRUCELEE 0 0 0 0 0 0 0 0 0 0 0 0 W.L

TOTALS' -- - - - -- - - - - .-

0 0 0 0 0 6 0 0 0 0 0 0 hVI RUTS: 10- lorn tom 10m lorn lorn lorn )om tom $om (om W.W

TOTAL IRAFFg

,-COLLECTOR-, ,I CLASS

Q B W E ' roraL IOT*L

1 2 2 2 6 1 8 . e n g i g s ~

IOIOI BRUCE LEE ~ t ~ ~ o o ~ ~ o o o t mw --- - - - - - - - - - -, TOTALS: ~ D D D D S O I ) O SU W

CHpolit Summaiy: M I n d r c a f p d ( i u l r l S h o r t

Cash I t 0 W f0.M SlOlNl

PPD fl1.W 8 . W SI tMl --- T d a l ~ : aIr0 8 W I1 W

Prepaid Card Inventory RepoH The Prepaid Card Inventory Report presents the current status of cards meeting the selection criteria. For example, this report may be used to generate a list of all expired cards.


START CARD NUMSER lrLL CITY OF LAREW . INTERNATIONAL BRIDGE SYSTEhl REPORT ID SPPCARllJNVOOXI36

END CARD NUMBER ALL PREPAID CARD INVENTORY REPORT PAGE 1 of 1

STATUS. ALL RUN DATE OSIl8l200C 17 1 6 W

SORTED BY CARD NUMBER

CABW!N~EP STATUS O~TE-SQLR STAFF ID CXPIRATION WF: CLASS FME 10(W00'. A 09'131(130 1 1Z112ROC0 8 $1375 100.3007 A 091142WO 9998 12'13nWO 8 51375 1WW A 091142DOO 13 12/13ROISO 2 51 35 1WP14 A 09'15'2000 9 13lJT&'O 9 $1654

1476395100 A O$flSf?WO 1 12~15InOD 8 $1375 1478395005 A 09~1B'ZW\7 101 1~17;?M;D 8 51375

TOTAL f l ~ l C e d , 6 572 85 I

Figure 1. Prepaid Card Inventory Report

Prepaid Card Inventory Summary RepsrrS The Prepaid Card Inventory Summary Report lists summary counts for issued prepaid cards by status for each class with subtotals and grand total.


CITY OF LAREDO - INTERNATIONAL BRIDGE SYSTEM REPORT ID: SPPCARD-INV-SUMM 0000

PREPAID CARD INVENTORY SUMMARY REPORT PAGE: 1 of 1

RUN DATE : 0911 812000 17 16 22

Status - Total 2 A 1 -- -

Total 1

Cfass - Status Total 8 A 4

Tolal 4

Class Status - Total

9 A 1 ------

Total 1

- Total 6

City of Laredo Bridge System CSC and Host Software and Sewer Upgrade Page 65

Daily Collector Deposit

The Daily Collector Deposit report contains revenue data for all collectors. Adjustment will be included.

BUSINESS DATE: 07fl4i2000 CITY OF LAREDO - INTERIIRTIONAL EIUDGE SYSTEM

DAILY COLLECTOR DEPOSIT REPORT

R U W DATE: 07ROR000 l7:34:30

REPORT 10: OLY-OEP

PAGE: 1011

US BILLS

F COLLECTOR TOT*L

EG. f j I !W 1 L E Z ! 2 ? n p U W ~

M.4 10101 BRUCE LEE 10101 =GO 8100 $004 flUUU $2.04 WOO $DW $lOM 6000 $10.00

SHIFT TOTALS

ORMD TOTALS:


Traffic by Lane by Hour

BUUWESS DAY: OSiOY2OIU C I N OF LAREDO -IllTERNAnONAL BRIDGE SYSTEM TRLFFIC BY LA#E AND HOUR REPORT

RUN DATE. WY,?I10 I 4 53 08

REPORTID: TRAF-LN-~R PAGE: I Dl l

*-." ,.--..-.. -..*".."A- -.. .. - " ~ -.,. "~"-- ----* -,.---.-.. ~ .- OR1110 TOTAL : 141 275 426 527 620 P(* M3 971 1,101 4,038 1.731 4076 1.556 837 511 28) 14t

Additional Requested Reports:

Close Lane Activity Repoi-t - Per customer design

Supervisor Activity Report- Per customer design

*Add Companion as a choice option to all reports


Appendix "C" - Milestone Payme~zt Schedule


Appendix "D" - Preliminavy Project Schedu Ie


apelSdn JaAlaS pue aJeMljoS 'JSOH pue 3~3 wa3sds aF?p!q opale? JO A33

Appendix "En - Bridge System Reqtrested Reports

Reports used by Laredo CSC

1. Monthly Statement Minor changes to template

i. Add "Laredo, Texas 78040" at the top ii. Add web address to statement

iii. Delete tag deposit section iv. Delete "international" from all the reports from the heading

Online deliver to customer? Online statement history for customer?

Tag Accounts Currently, report has option to select from POV/COV/NONREV and acct number, keep that and

* Add option to select i. Open - Active

1. POV 2. COV 3. Both

ii. Open - Dormant > 6 mths > 6 mths < 12 mths

iii. Closed Add option to select

i. Detail with total tagslaccts at end of report ii. Summary with total tagslaccts at end of report

e Option to reopen closed accts? e Option to reactivate dormant accts?

3. Tag Status Currently, the report provides an active/inactive/lost/stolen by bridge Do not need breakdown by bridge but do need:

i. Menu to choose: Two columns: Active and Dormat

POV - LTT - Companion - Both

COV - LTT - Companion - Both

NONREV - LTT


- Companion - Both

ALL - L I T - Companion - Both

4. Clerk Financial Activity Summary Change Total Credits to Total Revenue Under debits add ( ) to show negative (#'s from debits other in journal) Add Total Credits column (#'s from credit other in journal) Change Net total to read Transactions total (like the journal)

s, Report should be a summary for each CSR

5. CSC Daily Deposit - Delete

6 . Daily CSC HOST Deposit - Delete

'7. Payment - Delete

8. Automatic Replenish * Add: automatic notification to customers 30 & 60 days prior to card expiration

Report can stay as is

9. Insufficient Funds Currently, we can choose between acct number or acct name Add to menu POV, COV, ALL

10. Account Averages - Delete

1 1 Transactions * Add to menu:

i. Detail (by codes) ii. Summary (by codes)

iii. One report for all transactions with totals at end of report

12. Prepaid Card Transactions - Delete

13. Closed Accounts Currently, can only select dates

* Add to choose between closed acct and new accts

14. Expired Credit Cards * Automatic notification to customers 30 & 60 days prior to card expiration

15. Staff Registry - Leave as is

City of Laredo ~ A d ~ e System CSC and Host Software and Server Upgrade Page 72

16. Client Login History Change report title to "Staff' Login

17. Journal The "tag deposit" needs to read "tag fee"

s "Cash payment" and "check payment" need to read "cash deposit" and "check deposit" Acct deposits/payments and purchase of pre paid cards are lumped into "payments", we

need to separate them into two separate categories, "deposits" and "pre paid cards" in all payment methods (cash, check and credit card)

18. Disbursement - Delete

19. Disbursement Detail - Delete

20. Prepaid Card Inventory - Leave as is

21. Prepaid Card Inventory Summary - Leave as is

22. Tag Inventory - combine with Daily Tag Inventory Add drop down with detail and summary options

23. Daily Tag Inventory - combine with Tag inventory

24. Customer Account Balance - Leave as is

Additional Reports wanted for CSC

1. Add Companion as a choice option to all reports

HOST - All reports need to be on a MN, AM and PM day

ADMIN 1. Staff Registry - As is

Financial 1. Total Revenue 2. Total Revenue Summary

e Needs to balance for the day and include adjustments

3. Bridge Revenue Summary - Delete - information duplicated 4. System Revenue Summary - Delete - information duplicated

5. Total Revenue by Payment Type - Delete


6. Percent of Revenue Generated by Payment Type - Delete

7. Projected Total Revenue - Delete

8. Daily Manifest Deposit - Needs to be adjusted to reflect the shifts (MN, AM PM)

9. Transaction Adjustment - As is

Traffic (ALL REPORTS NEED T O INCLUDE ADJUSTMENTS)

1. Periodic Traffic Include adjustments

2. Daily Traffic Activity by Class - Delete

3. Projected Traffic Volume - Delete

4. Traffic by Lane and Hour Include Adjustments

5. Hourly Lane Traffic Activity Include Adjustments

Collectors 1. Collector Tour of Duty - As is

2. Collector Deposit Report - As is

3. Collector Segment of Duty - As is

4. Turnstile Deposit Report - Delete

5. Collector Daily Exceptioils - Delete

6. Collector Accuracy - As is

7. Unusual Occurrences - As is

8. Lane Operation History - As is

9. Shift Summary -As is

10. Turnstile Shift Surnrnaly - Delete


11. Daily Collector Deposit Include Adjustments

12. Detailed Audit Report - As is

Additional Reports wanted for HOST 1. Close Lane Activity Report 2. Supervisor Activity Report


COUNCIL COMMUNICATION / DATE: I SUBJECT: MOTION

I

PREVIOUS ACTION: None.

BACKGROUND:

06/07/ 1 0

Proposed 201 0 annexation schedule:

Adopting a schedule of hearings and proceedings for voluntary and unilateral annexations for calendar year 2010, in accordance with Section 43.052 of the Texas Local Government Code.

I August 6, 2010 Application submittal deadline.

September 7,20 10 Council authorization (Staff authorized to prepare a service plan for the annexed area.)

INITIATED BY: Cynthia Collazo, Deputy City Manager

November 1,201 0 Public hearing before City Council (Noticed by publication on October 15"', not less than ten or more than twenty days before the hearing.)

STAFF SOURCE: Keith Selman, Director of Planning

November 15,2010 Public hearing before City Council (Noticed by publication on October 2gth, not less than ten or more than twenty days before the hearing.)

/ November 18,201 0 Planning and Zoning Commission Review

December 6,201 0 Introduction of an ordinance instituting annexation proceedings and adopting a service plan for the areas to be annexed. (Not more than forty nor less than twenty days from the date of public hearings. Proposed effective date of annexation December 3 1,2010.)

December 20,201 0 Final reading of ordinance

Annexation proceedings must be concluded within 90 days of December 6,2010 (Section 43.064 Texas Local Governrnent Code).

FINmCIAL IMPACT: The financial implication of all proposed annexations will be outlined through an Annexation Feasibility Analysis.

STAFF RECOMMENDATION: Approval of the schedule of hearings and proceedings.

AA services and facilities impacted by lengthening the runway approximately 9 12 Temporary funding is available in the Airport Construction Fund, and the sum of

is eligible for reimbursement by a proposed FY 2010 Airport Improvement rogram Grant. The runway extension project is scheduled to bid during June 2010.


INITIATED BY: Jesus Olivares STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Manager

DATE:

June 7,2010

PREVIOU$ ACTION: City Manager approved an initial memorandum of agreement with FAA in the amount of $30,000 for this same project.

SUBJECT: MOTION Approve a Memorandum of Agreement #AJW-FN-CSA-10-06 15 between the Federal Aviation Administration and the City of Laredo to reimburse the Federal Aviation Administration the estimated sum of $256,772.23 for the specific purpose to identify specific goals, objectives, project management, and delineation of responsibilities with respect to impacted FAA facilities resulting from the lengthening of the approach end of Runway 17R at the Laredo International Airport. The project involves relocating all

BACKGROUND: For the Relocation of the runway 17R Glide Slope and Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR) at the Laredo International Airport, Laredo, Texas, the FAA will provide all technical assistance, design the project, locate and physically mark all FAA power and control cables, perform the electronics installation of the Glide Slope equipment, perform engineering design reviews, develop and perform Environmental Due Diligence Audit, provide resident engineering oversight services, review and approve a "as built" drawings, provide flight inspection for the Localizer and MALSR, participate in all contractor acceptance inspections and restoration of all affected FAA facilities.

eceived on May 28,2010 the FAA is requesting that the City of Laredo expedite the execution and as per the Memorandum of Agreement #AJW-FN-CSA- 10-06 1 5.

is scheduled to bid on June 27,2010 and bids opened on July 16,201 0. The cost of this project is $7.0 to $9.0 million. In addition to relocating the ILS components the Glide MALSR lights, the construction scope of work includes extending the Runway approximately feet, reconstructing a portion of Taxiway A, demolition of certain pavement areas, drainage,

will be phased over an approximate 2-year construction program in order

Airport Improvement Program (AIP) Grant is anticipated this FY 20 10. 1

FINANCIAL: Temporary fimding until the grant is awarded is available in the Airport Construction Fund. Account: 433-3687-585-9301

COMMITTEE RECOMMENDATION: The Airport Advisory Committee will meet on June 7,201 0 to consider this item.

STAFF RECOMMENDATION: Approve this motion.

COUNCIL COMMUNICA"I"0N

DATE: 06/07/20 1 0

SUBJECT: MOTION Authorizing the City Manager to enter into a Right of Entry and Possession agreement between the City of Laredo and the Texas Department of Transportation to allow the City exclusive possession of a proposed surplus site located at the Northeast corner of US83 and Palo Blanco, as depicted in Exhibit " A for the purpose of constructing the new South Laredo Library.

INITIATED BY: Carlos Villarreal City Manager

STAFF SOURCE: Ronnie Acosta, Community Development Director

I

PREVIOUS COUNCIL ACTION: None

BACKGROUND:

The City of Laredo has negotiated with staff from the Texas Department of Transportation to allow for the use of the proposed surplus tracts owned by TXDoT for the development of a new municipal Library in South Laredo.

The agreement between both parties provides the City right of entry and exclusive possession of a 0.41 33 acre tract as depicted in Exhibit " A of the agreement and binds the City to fee simple acquisition of the tract at a future date upon the declaration of surplus property and recommendation by the State.


RIGHT OF ENTRY AND POSSESSION Page 2

6 . The acquisition of fee title by the City and the transfer and conveyance by the State as Grantor to the City is subject and contingent upon both the Texas Transportation Commission declaring the property to be surplus, and recommending to the Governor the sale of said surplus property, and the Governor, upon the recommendation of the Attorney General, approving and executing such a Deed to the City.

TO HAVE AND TO HOLD the possession of the Parcel described in the said Exhibit "A" for the purposes and subject to the limitations hereinabove set forth.

Executed this the day of 200-.

ATTEST: By: CITY OF LAREDO

ACCEPTED AND AGREED TO by the State of Texas this the day of ,2010.

STATE OF TEXAS

Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission.

BY: Albert Quintanilla, P.E., Laredo District Engineer

SCALE : 1" = 60' I I, Rcgelio Rivero. Reqistered Professional Lcnd Surveycr of the State of Texos do hereby certify thot the fcregcing is true nnd correct ond wos praoored frcm on octuol survey or? the ground ond from record inforcnotion mode under my slipervision tnis-E&-doy 0i-J~nu_c_ry-20:0. Witness my hand end seol this 12th. day of Jcnucry. 2010

of A t r cc t of land containing 18,003.91

sq.f t . (0.4;33 of on Acre), odjocent t the west of Elock No. 1174, in the

Eastern Division, a t the northeast corner o f US 83 ufid Palo S l ~ n c o St .

intersection, C.it\! of laredo.

1 \/\/ebbJ Count \/, ~e?cos. I 1 i3Y :

U R A ~ ~ Y ! C. ~ i q - , ~ ]

DATE :

2;-11-10 -L-.- -. -- -.- - -. .,-*.,,. -. I r. I , .... " , - I -.. .. .fl

E N G t M E E R l N G D E P A R T M E N T

LA REDO, T E X ~ ~ 1755

A 18,003.91 SQ.FT. (0.4133 OF AN A C E ) TRACT OF LAND

A Tract of Land containing 18,003.91 sq.ft., (0.4133 of an Acre), situated adjacent to the Block No. 1174, Eastern Division, City o f Laredo, Webb County, Texas; said 18,003.91sq.ft.(0.4133 of an Acre) tract of land being more particularly described by metes and bounds as follows: ,

i

COMMENCING at a found iron pin on the soutfiwcst comer of said Block No.1174 for the POINT-OF-BEGINMING hereof;

THENCE, WEST, along the south boundary line of this tract of land, also being the north right-of-way line of Palo Blanco Street, a distance of 1 10.83 feet to a point, for an exterior comer and point of deflection to the right;

'If'flENCE, N1S050'10"E, along the northwest boundary line of this tract of land, a distance of 343.27 feet to a point on the southwest comer of Block no. 1173, Eastern Division, for an exterior corner and point of deflection to the right;

TEIENCE, SOUTH, along the east boundary line of this tract of land, also being the west boundary line of said Block No. 1174, a distance of 324.89 feet to the POINT-OF-BEGINNING of this tract of land, containing 18,003.91 sq.ft. (0.4133 of an Acre), Eastern Division, City of Laredo, Webb County, Texas.

I, ROGELIIO R I V E U , a Registered Professional Land Surveyor, do hereby certify that the foregoing description is true and correct to my best knowledge and belief and was prepared from an actual survey on the ground and from office records available and made under my supervision on January 1 l'., 20 10.

Wf TNESS MY HAND AND SEAL THIS

%

I%th. DAY OF JANUARY, 2010.

R O G ~ I O RIVERA, P.E., CITY ENG~NEER R.P.L.S. Texas No. 3052

'STATE OF TEXAS COUNTY OF WEBB

RIGHT OF ENTRY AND POSSESSION

WHEREAS, The State of Texas, is the owner, hereinafter referred to as Grantor, whether one or more, of a certain tract or parcel of land, hereinafter referred to as the Parcel, which more fully described in Exhibit "A," which is attached hereto and incorporated herein for any and all purposes; and,

WHEREAS, the City of Laredo, hereinafter referred to the City, is going to acquire fee simple title and/or certain interests in said Parcel, (save and except all the oil, gas and suIphur which can be removed from beneath the said Parcel without any right whatsoever remaining lo the owners of such oil, gas and sulphur of ingress or egress to or from the surface of said Parcel for the purpose of exploring, developing, drilling or mining of the same), for the purpose of constructing the New South Laredo Library and appurtenances thereto; and,

WHEREAS, the City will acquire the Parcel, encumbered with the improvements thereon, if any, by purchase; and,

WHEREAS, the City must have possession of said Parcel for the purpose of beginning construction of said New South Laredo Library;

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Grantor(s) for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City of Laredo, the receipt and sufficiency of which is hereby acknowledged and confessed, have Granted, Bargained, Sold and Conveyed and by these presents do Grant, Bargain, Sell and Convey unto the City of Laredo the right of entry upon, the right to remove improvements, if any, with which the land is encumbered and exclusive possession of the said Parcel described in said Exhibit "A" for the purpose of constructing the New South Laredo library and appurtenances thereto.

This grant of right of entry and possession is conditioned strictly upon the following:

1 . Grantor(s) and the City agree to and hereby designate the date of taking for which to value the said Parcel for negotiation as the date of actual entry and possession of the Parcel by the City or any construction company involved in the New South Laredo Library project.

2. The grant herein made shall not prejudice, in any way, Grantors' rights to receive full and just compensation for the interest to be acquired by the City of Laredo in the herein described land, encumbered with the improvements thereon, if any, save and except all oil, gas and sulphur as hereinabove provided, and damages, if any, to the remainder of Grantors' lands.

3. The City agrees to acquire the Parcel in a good faith and timely manner.

4. This right of entry and possession shall extend to the City, its contractors, assigns and/or owners of any utility involved in the New South Laredo Library project for the additional purposes of locating utility lines, replacing, repairing, making improvements to and/or maintaining the existing utility lines that lie within the Parcel.

5 . Grantor herein warrants that no person or corporation owns an interest in the fee title of the premises described in the said Exhibit "A" other than Grantor(s) herein.



TO HAVE AND TO HOLD the possession of the Parcel described in the said Exhibit "A" for the purposes and sub-ject to the limitations hereinabove set forth.




STATE OF TEXAS

Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission.


I SCALE : 1" = 60' I I, Rcgelio Rivera. Registered Professional Land Surveycr of the S;o:e of Texas do hereby cer t i fy (hot the f o r e q c i ~ g is true ond correct ond wos praoored from on O C ~ U O I survey on the qround ond from A \rack of land containirlg 28,003.91 record informotion made under m y supervision tnis-il ih_-doy ~ f - & ~ ~ ~ - 2 0 1 0 .

sq. f t . (0.4133 of an Acre), adjacent tc Wttness my hand cnd seal this 12th. day of Jonucry. 2010. the west of Block NO. 1174, in the

.. .. . , . Eastern Division,

a t the northeast corner o f US 83 arid Palo Blonco St.

. 2

- '-'. ..,.-, . i . I _ _ .: -,.j:;.:.,!exos R.P.L.S. NO. 3u5i - . . *

?- ; -., . , .'.. .. . . , - , "... ..: ..,,'.. " . . . 4 ..,?... . '..~-- , -',I , ~<, ,*.,.?" . " " . > m , o , i::<.,.. 7- r-- CITY OF LAREBQ - .: ' 1 ' . . : ,. ..; , . .. ENGINEERING DEPARTMENT

C I T Y O F L A R E D O E M G I N E E R I N G D E P A R T M E N T

LAREIJO, T E X ~ ~ 1755

A 18,003.91 SQ.FT. (0.4133 OF AN ACFtE) TRACT OF LAND

A Tract of Land containing 18,003.91 sq.ft., (0.4133 of an Acre), situated adjacent to the Block No. 1174, Eastern Division, City of Laredo, Webb County, Texas; said 18,003.91sq.ft.(0.4133 of an Acre) tract of land being more particularly described by metes and bounds as follows: ,

i

COMMENCIHG at a found iron pin on the southwest comer of said Block No.1174 for the POINT-OF-BEGINPIING hereof;

THENCE, WEST, along the south boundary line of this tract of land, also being the north right-of-way line of Palo Blanco Street, a distance of 1 10.83 feet to a point, for an exterior corner and point of deflection to the right;

THENCE, N18°50'10"E, along the northwest boundary line of this tract of land, a distance of 343.27 feet to a point on the southwest comer of Block no. 1173, Eastern Division, for an exterior comer and point of deflection to the right;

THENCE, SOUTI-I, along the east boundary line of this tract of land, also being the west boundaly line of said Block NO. 1174, a distance of 324.89 feet to the POINT-OF-BEGINNmG of this tract of land, containing 18,003.91 sq.ft. (0.4133 of an Acre), Eastern Division, City of Laredo, Webb County, Texas.

1, ROGELIO MVEWA, a Registered Professional Land Surveyor, do hereby certify that the foregoing description is true and correct to my best knowledge and belief and was prepared from an actual survey on the grou~ld and frorn office records %. available and made under my supervision on January 1 1 th., 20 10. ...

, - . ; <-; ....TL'i i < > 2- -bW .-.~ ; ,::: ; , \. .

WITNESS bfY HAND AND SEAL THTS I2th. DAY OF JANUARY, 2020. L ,.t +.:.:...; :: .*...,c,;;> '.,,

*I /<., : 0 : 2J : -.I..., j ;. ,~-..:,.:/ :>.2 ?>. .,=, / . -. * #',- : I . ; ;r.:;$;<>;.;7..; . .-

; .. , - ? . - : L . , , A y . -, U ' '- :be '-,e ; a ; 0 <t> { 4 ' "' ... b: :,,:<, ; 2 il> (Oj 01 7'

;+-.,'. .., r c.3 i \ . .. ,\V.)

\ :,Y; '..d! - 4' 1 ,,:G....-, C

. .': <? ..: 2 ; ...+ ;+p.*,:, . , R.P.L.S. Texas No. 3052 ..- . '.. : ' .

-.-:>,p! .: -/: . ._ l. .

COUNCIL CQMMUNBCATlON

INITIATED BY: Carlos Villarreal City Manager

BATE: 06/07/20 1 0

STAFF SOURCE: Ronnie Acosta, Community Development Director

SUBJECT: MOTiON Authorizing the City Manager to enter into a Right of Entry and Possession agreement between the City of Laredo and the Texas Department of Transportation to allow the City exclusive possession of a proposed surplus site located at the Northeast corner of US83 and Palo Blanco, as depicted in Exhibit "A" for the purpose of constructing the new South Laredo Library.

I

PREVIOUS COUNCIL ACTION: None

BACKGROUND:

The City of Laredo has negotiated with staff from the Texas Department of Transportation to allow for the use of the proposed surplus tracts owned by TXDoT for the development of a new municipal Library in South Laredo.

The agreement between both parties provides the City right of entry and exclusive possession of a 0.4133 acre tract as depicted in Exhibit "A" of the agreement and binds the City to fee simple acquisition of the tract at a future date upon the declaration of surplus property and recommendation by the State.

3

FINANCIAL IMPACT:

COMMITTEE RECOMMENDATION: I STAFF RECOMMENDATION:



WHEREAS, The State of Texas, is the owner, hereinafter referred to as Grantor, whether one or more, of a certain tract or parcel of land, hereinafter referred to as the Parcel, which more fully described in Exhibit "A," which is attached hereto and incorporated herein for any and all purposes; and,

WHEREAS, the City of Laredo, hereinafter referred to the City, is going to acquire fee simple title andlor certain interests in said Parcel, (save- and except all the oil, gas and sulphur which can be removed from beneath the said Parcel witltout any right whatsoever remaining to the owners of such oil, gas and sulphur of ingress or egress to or from the surface of said Parcel for the purpose of exploring, developing, drilling or mining of the same), for the purpose of constructing the New South Laredo Library and appurtenances thereto; and,


WHEREAS, the City must have possessior~ of said Parcel for the purpose of beginning construction of said New South Laredo Library;



1. Grantor(s) and the City agree to and hereby designate the date of taking for which to value the said Parcel for negotiation as the date of actual entry and possession of the Parcel by the City or any construction company involved in the New South Laredo Library project.


3. The City agrees to acquire the Parcel in a good faith and timely manner


5 . Grantor herein warrants that no person or corporation owns an interest in the fee title of the premises described in the said Exhibit "A" other than Grantor(s) herein.

RIGHT OF ENTRY AND POSSESSION Page '2






STATE OF TEXAS

Certified as being executed 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.


I. Rcgelio Rivera, Registered Professional Lcnd Surveycr cf the Sko:e of Texos do hereby certify that the foregcing is true ond correct and was pfspored frcm on cctuol survey ac? the ground ond f r c n record informaiion made under my s~pervision t i l is -EL-doy oi-_?_cnu-pyy_20: Vlitness m y hond ard seal this 12th. doy of Jonuory. 2010.

.. ..

SCALE : 1" = 60' I

Eastern Division, a t t he northeast corner o f US 83 and Polo Slonco St .



WHEREAS, The State of Texas, is the owner, hereinafter refened to as Grantor, whether one or more, of a certain tract or parcel of land, hereinafter refened to as the Parcel, which more fully described in Exhibit "A," which is attached hereto and incorporated herein for any and all purposes; and,

WHEREAS, the City of Laredo, hereinafter referred to the City, is going to acquire fee simple title andlor certain interests in said Parcel, (save and except all the oil, gas and sulphur which can be removed from beneath the said Parcel without any right whatsoever remaining to the owners of such oil, gas and sulphur of ingress or egress to or from the surface of said Parcel for the purpose of exploring, developing, drilling or mining of the same), for the purpose of constructing the New South Laredo Library and appurtenances thereto; and,


WHEREAS, the City must have possession of said Parcel for the purpose of beginning construction of said New South Laredo Library;



1. Grantor(s) and the City agree to and hereby designate the date of taking for which to value the said Parcel for negotiation as the date of actual entry and possession of the Parcel by the City or any construction company involved in the New South Laredo Library project.


3. The City agrees to acquire the Parcel in a good faith and timely manner.


5. Grantor herein warrants that no person or corporation owns an interest in the fee title of the premises described in the said Exhibit "A" other than Grantor(s) herein.






ACCEPTED AND AGREED T O by the State of Texas this the day of ,- 2010.

STATE OF TEXAS

Certified as being executed 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.


SCALE : 1" = 60' I I, Rcgelio Riverc, Registered Proiessionol Lcnd Surveyor o f the S:o:e of iexos oo hereby certify thot the foregoi~g is true nnd correct ond wos prapored frcm an octuol survey on the ground ond from record informotion mode under my supervision Inis-l_lLh--day cf__J_c:FZy-20:0. Witness my hond ord seoi this 12th. doy o: Jcnucry. 2010.

.. .. , . . . I . :_

' . ./, . - \? ,. . - _1 7. :-. C!TY OF LAREDO - .?. ,:... . ,. ,; , . .. . .. . .. ENGINEERING DEPARTMENT

of A t rcc t of lond containing 18,003 91

sq.Ft. (0,4133 of an Acre , odjccent 1 i the west of Block No. 174: in the Eastern Division,

a t the northeast ccrner o f US 83 and P ~ l c B l ~ n c o St .

lniersec tion, Ci ty of Caredo,

\I\lebb County, Texas. I

DATE

61W 0 L A R E D O E N G I M E E R I N G D E P A R T M E N T

L ~ R E ) ) ~ , T E X ~ ~ 3 755

A 15,003.91 SQ.FT. (0.4133 OF AN A C E ) TRACT OF LAND

A Tract of Land containing 18,003.91 sq.ft., (0.4133 of an Acre), situated adjacent to the Block No. 11 74, Eastern Division, City of Laredo, Webb County, Texas; said 18,003.91sq.ft.(0.4133 of an Acre) tract of land being more particularly described by metes and bounds as follows: , .. CO3lMEMCING at a found iron pin on the southwest corner of said Block No.1174 for the POINT-OF-BEGIWIiBJG hereof;

THENCE, WEST, along the south boundary line of this tract of land, also being the north right-of-way line of Palo Blanco Street, a distance of 110.83 feet to a point, for an exterior comer and point of deflection to the right;

THENCE, N1S050'I OWE, along the northwest boundary line of this tract of land, a distance of 343.27 feet to st point on the southwest comer of Block no. 11 73, Eastern Division, for an exterior corner and point of deflection to the right;

TPIGNCE, SOUTI-I, along the east boundary line of this tract of land, also being the west boundaly line of said Block No. 1174, a distance of 324.89 feet to the POXNT-OF-BEGINNING of this tract of land, containing 18,003.91 sq.ft. (0.4133 of an Acre), Eastern Division, City of Laredo, Webb County, Texas.

1, ROGELHO RIVEWA, a Registered Professional Land Surveyor, do hereby certify that the foregoing description is true and correct to my best knowledge and belief and was prepared from an actual survey on the ground and from office records .~., available and made under my supervision on January 1 I"., 20 10. -.. ,

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WllTWESS MY FUND AND SEAL THIS 12th. DAY OF JANUARY, 2010. ,:,'+.:,?.:: :: .,., 9,. c.:

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, ..'A,.,., : C'J : ..,.?>Y. > . " p "".; C; :.,,'' . , . . >,,P,A.,'. R.P.L.S. Texas No. 3052 . - ' . .-,T,:.~../ : , : . - . . . -. .: .-...--

STATE OF TEXAS 5

COUNTY OF WEBB 5

AGrPEEltUENT FOR PROFESSIONAL COLLECTION SERVICES

THIS AGREEMENT FOR PROFESSIONAL COLLECTION SERVICES (Agreement) is made and entered into by and between the City of Laredo, Texas (hereinafter referred to as "City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly autl~orized City Manager, and Linebarges Goggan Blair Br. Sampson, L.L.P. (Contractor), a Texas law firm, acting by and through its duly authorized Managing Partner.

1. Scope of Scwices

(a) In General

Contractor covenants and agrees, with good faith and due diligence, to perform professional collection services on all debts and accounts receivable referred to Contractor by the City's MunicipaI Court Clerk pursuant to this Agreement (Services). Services shall include all activities and functions generally required of a professional firm in the business of collecting delinquent fines, fees, restitution, and other debts and costs for a municipality. At a minimum, Contractor shall:

1 Make at least three (3) contacts within a 6-month period from the date the Contractor receives the referral data from the City.

2 Make at least one (1) written contact with the debtor via postal services within 60 days of receiving the referral data from the City, unless the Contractor receives written approval from the Director of Municipal Court Services to waive this requirement. The format and language of all written correspondence shall be expressly approved by the City.

3 Make at least one (1) telephone contact with the debtor within thirty (30) days of receiving the referral data from the City unless the Contractor receives written approval from the Director of Municipal Court Services to waive this requirement. The general format of all telephone scripts shall be expressly approved by the City.

4 For purposes of this section, "contact" shall mean exhausting (subject to the limitations established by Section 1 (b)) all available means to communicate with the debtor using the postal service, telephone, or any other method that is reasonably accessible to the Contractor.

5 Contractor shall maintain a toll free telephone number for defendants/customers to call.

6 Contractor shall maintain a local office for the collection of referred fees and fines.

7 All complaints regarding the collection process will be referred to Contractor for resolution.

Page I of 16

(b) Linlitations on Contact

No contacts will be made in person by the Contractor to the debtor. However, Debtor may initiate such in person contacts. Specifically, in person payments made by Debtor at Contractor's office are permissible under this contract. Any and all written or telephone contacts shall cease upon notice from the City that the referral has been withdrawn or that the underlying case has been handled in some way that precludes contact. No contacts shall be made after the effective date of termination or expiration of this Agreement.

(c) Allocation of Costs

Contractor shall bear all costs associated with its collection efforts, including, but not limited to, personnel salaries, document reproduction and mailing costs, mileage charges, costs of postal or other delivery service, software compatibility with City's system, and charges for telephone and internet service,

(d) Standards of Care and Conduct

1 All services provided by the Contractor hereunder shall be performed with the degree of care and skill ordinarily exercised under similar circumstances by competent members of the debt collection services profession in the State of Texas, and Contractor shall be responsible for all services provided hereunder. Contractor shall perform all duties and services and make all decisions called for under this Agreement promptly and without unreasonable delay and will give its obligations under this Agreement such priority as is necessary to cause the Services to be timely and properly performed.

2 In communicating with debtors, Contractor shall make no promises or offers of delay or stay of execution of any unpaid citation or warrant, nor shall Contractor enter into any agreement purporting to authorize a delay of payment, suspension of warrant, or suspension of fine owed.

(e) Training of Personnel

Contractor is responsible for the hiring, training, and supervising of all personnel necessary for the performance of this Agreement. Contractor hereby represents, promises, and warrants to the City that Contractor is financially solvent and possesses sufficient experience, authority, personnel, and working capital to complete the Services.

( f ) Reports and Information from Contractor

1 Contractor shall prepare and provide to the City reports once each calendar quarter documenting the performance of Services by the Contractor under this Agreement. The report shall be submitted to the Director of Municipal Court Services in the months of April, July, October, and January, in a Microsoft Excel Spreadsheet electronic format (.XIS) format and contain all information for the preceding calendar quarter as required herein.

Page 2 of 16

2 The reports shall indicate the number of new referrals received by the Contractor from the City during the preceding three months as well as the total number of referrals on which any activity occurred during the preceding three months ("active referrais"). For each active referral, the report shall include: the debtorldefendant's name and date of birth; the Municipal Court case number(s); the City-reported case amount(s) due; and the number, types, and date(s) of any contacts made ("active referral information").

3 At the end of each year of the Agreement and any extension or renewal, Contractor shall provide to the Municipal Court Clerk a listing of cases that are deemed uncollectable by the Contractor. Contractor shall give reasons why such cases are uncollectable. Contractor shall infonn the Municipal Court Clerk of applicable laws which govern the disposition of uncollectible court fines.

4 If the Contractor received any direct payn~ents from debtors, it shall issue daily a report to the Municipal Court Clerk, by means of an Incode payment importlinterface module, which Contractor will be responsible for purchasing and maintaining, indicating the total amount of such payments and for each such payment shall include all of the active referral information as well as the dollar amount of the collection fee retained by Contractor.

5 Contractor shall provide notification of all disputes or complaints raised by defendants/c~rstomers regarding the collection process within five business days to the Municipal Court Clerk and Contractor shall provide the Municipal Court Clerk with written or electronic statement of the resolution of any complaint.

6 In addition, the Contractor shall provide the City with any updated debtor contact information that the Contractor has obtained monthly; this information shall be furnished on portable electronic media in an Extensible Markup Language (.xml) format. Further, Contractor shall provide such information on its activities concerning the referred debts and accounts receivable as may be reasonably requested by the City's blunicipal Court Clerk or that person's designee.

2. Term; Termination

(a) Primary Term

The primary term of this Agreement shall be for a period of two (2) years beginning July 6, 2010, and ending July 5,2012, unless terminated sooner in accordance with this Section. Between July 6,2010 and September 30,201 0, the parties shall exchange information to conduct testing of the information sharing and collections process. Actual collection efforts shall begin on October 1,201 0.

(b) Renewal Options

In addition to the primary term, the City may, at its discretion, renew this Agreement for up

Page 3 of 15

to two additional, one-year renewal periods on the same terns and conditions by providing written notice to Contractor at least ninety (90) days before the end of the then current tenn.

(c) Termination at Will

City may terminate this Agreement at any time, with or without cause, by giving thirty (30) days' written notice to the Contractor. Following receipt of the notice, the Contractor will continue to perform collection services under the terms of this Agreement through the effective date of termination. Within one month of the effective date of termination, Contractor shall provide City with a final statement showing a detailed history of each referred debt and account receivable that remains outstanding.

(d) Termination for Cause

In the event of breach of any the provisions of this Agreement by Contractor City may terminate this Agreement immediately by giving written notice to Contractor.

(e) Data Return

Upon termination or expiration of this agreement Contractor shall return all data to the Municipal Court Clerk.

3. Referrals

(a) General Referral Criteria

The City may, in its sole discretion and pursuant to the criteria listed herein, refer to the Contractor debts and accounts receivable (such as unpaid fines, fees, coitrt costs, forfeited bonds, or restitution) ordered paid by the City of Laredo Municipal Court or by a hearing officer serving the City under Chapter 682 of the Texas Transportation Code. No debt or account receivable will be referred to the Contractor until such amount is more than 60 days past due. For purposes of this Agreement, an amount is considered more than 60 days past due if it remains unpaid on the 61'' day after the date on which the debt or account receivable must be paid in full as determined by the court or hearing officer or remains unpaid on the 61St day following the date by which the accused promised to appear or was notified, summoned or ordered to appear.

(b) Addition of Collection Service Fee

1 In accordance with Article 103.003 l(b) of the Texas Code of Criminal Procedure, upon receipt of a referral from City, Contractor shall calculate and assess a thirty percent (30%) collection fee on all eligible debts and accounts receivable. For purposes of calculating and assessing the collection fee, the eligible debt or account receivable shall not include a charge imposed pursuant to Chapter 706 of the Texas Transportation Code.

2 For purposes ofthis Agreement, an eligible debt or account receivable is one that is more

Page 4 of 16

than (i) 60 days past due, (ii) has been referred to Contractor for collection, (iii) relates to an offense that occurred on or after June 18,2003 or (iv) to any case in which the amount of the fine has been ordered paid by the court after plea or trial (referred to as an "adjudicated case") and meets the criteria in 3(b)(2) (i) and (ii) as set forth above. A debt or account receivable is not eligible if it relates to an offense that occurred prior to June 18,2003.

3 Both eligible and non-eligible debts and accounts receivable may, in the City's sole discretion, be referred to the Contractor for collection services.

(c) Limits on Referrals

1 No debt or account receivable shall be submitted to the Contractor if such amount relates to a juvenile case or any other case involving an individual who is less than seventeen (17) years of age. In the event such a debt or account receivable is inadvertently referred to the Contractor, the Contractor shall immediately notify the City, and the debt or account receivable shall be withdrawn.

2 The City shall retain complete discretion regarding the number and types of debts and accounts receivable to be submitted to the Contractor for collection services.

(d) Character and Use of Referred Information

1 City makes no express or implied warranty to the Contractor regarding the accuracy of any data provided on any referred debt or account receivable, nor does it make any express or implied warranty concerning the value or collectability of any such debt or account receivable.

2 All data is the property of City. All information sxpplied by the City to the Contractor shall be kept confidential and disclosed to Contractor's employees only on a need-to- know basis for use solely for the purpose of performance of the Services. Disclosure of information by Contractor or its employees to a debtor or spouse of a debtor shall occur only in accordance and compliance with applicable debt-collection laws and regulations.

(e) Withdrawal of Referrals

The City may at any time and in its sole discretion withdraw any debt or account receivable that was previously referred to the Contractor and no collection fee wiIl be due Contractor.

(f) Method of Making Referrals

1 All data regarding debts and accounts receivable being referred to the Contractor shall at City's option, be provided on portable electronic media in an Extensible Markup Language (.xml) format, or in a format compatible with the City's "Incode" reporting software. If the City opts to enhance or upgrade Municipal Court's electronic document management software to incl~~de a collections module or Contractor requests an upgrade

Page 5 of 16

to the City's document management sofiware to make data compatible with Contractor's software, Contractor shall, at Contractor's sole cost and expense pay for any software or software modules associated with data or software compatibility issues, software implementation, maintenance or other recurring charges associated therewith.

2 On October 1,20 10, the City shall provide Contractor with an initial group of referrals, which shall include eligible debts and accounts receivable. Tile Contractor shall not contact more than Ten Thousand (1 0,000) individual debtorddefendants per month, unless prior approval is obtained from the Municipal Court Clerk. Thereafter, City, in City's discretion, shall provide Contractor with new referrals and updated information on existing referrals, incl~~ding notice of witlidrawals.

3 City will transfer referrals to Contractor via FTP Internet electronic transfers. Contractor shall provide the Municipal Court Clerk with access to a secure FTP sitelserver at no cost to City,

4 City shall provide Contractor with such data as is necessary to collect the fees and fines that that are the subject of this Agreement.

(g) Payments by Debtors

1 In all written and telephone contacts, the Contractor shall instruct debtors to make all payments and direct all inquiries regarding the debts and accounts receivable and their associated cases to the Contractor to a P.O. Box or if in person to its offices (hereinafter "collection office"), it being the intent of the parties that Contractor shall collect all monies at its offices, at the following address:

The Law Offices of Javier Montemayor, Jr. 1 8 14 Victoria Street Laredo, Texas 78040

2 Contractor shall, upon thirty days written notice to City, have the right to move their collection office to any site within the corporate limits of the City of Laredo that is readily accessible to the public.

3 Contractor shall not accept any partial payments from debtors.

4 Contractor shall, within 24 hours of receipt of any payment from a debtor, remit the full amount of the payment, less Contractor's colIection fees, to the City of Laredo Municipal Court. If Contractor receives a payment related to an active warrant, Contractor shall require the debtor to execute a waiver releasing and absolving the City of liability for any actions that might occur between the time of payment to Contractor and the time such payment is received by the City and entered into City records.

Page 6 of 16

4. Consideration

(a) In General

In exchange for providing the Services detailed above, the Contractor shall be entitled to a thirty percent (30%) collection fee assessed, on cases paid in full and collected by Contractor, in accordance with Section 3(b) of this Agreement and Article 103.003 1 (b) of the Texas Code of Criminal Procedure.

(b) Limitations on Collection Fee

1 No collection fee shall be assessed, collected, or paid to Contractor for any debt or account receivable that is not "eligible" as that tern is defined in Section 3(b) of this Agreement, nor shall any collection fee be assessed, collected, or paid to Contractor on a charge imposed pursuant to Chapter 706 of the Texas Transportation Code.

2 In accordance with Article 103.003 1 (d) of the Texas Code of Criminal Procedure, if the court or hearing officer of original jurisdiction has determined the debtor is indigent, or has insufficient resources or income, or is otherwise unable to pay all or part of the underlying fine or costs, the debtor is not liable for and the Contractor shall not receive the collection fees. City is under no obligation to pay collection fees under these circumstances.

3 Pursuant to Article 103.003 1 (b) of the Texas Code of Criminal Procedure, no collection fee shall apply or be paid to the Contractor if (i) the underlying case has been dismissed by a court or hearing officer of competent jurisdiction or (ii) underlying amounts have been satisfied through time-served credit or community service. City is under no obligation to pay collection fees under these circumstances.

4 No fees shall be paid to Contractor unless defendant's payment was a result of Contractor's action under this agreement. (For example, if defendant is arrested and is brought to Municipal Court to resolve outstanding cases, no compensation will be paid to Contractor.)

(c) Additional Compensation to City

In addition to providing Services under this Agreement, Contractor agrees to:

Pay the City the sum of $34,492.85 annually (being salary and benefits) to offset the expense to City of one full time assistant court clerks to handle data transfer, additional walk-in traffic, phone inquiries and other tasks associated with the implementation and administration of this Agreement. On or before October 1 of each year Contractor shall pay said sum to City. Said sum shall be increased annually only when City provides its employees with cost of living increases or other salary increases.

These payments shall be made out of Contractor's separate funds and not from any monies that

Page 7 of 16

Contractor receives as compensation under this Agreement. These payments shall be due and payable regardless of whether Contractor's collection efforts result in any recovery of the delinquent fines, fees, restitution and accounts receivable or of Contractor's fees.

5. Agreement Administrator

I The Municipal Court Clerk shall serve as administrator of this Agreement for the City and is authorized to act on behalf of and bind the City with respect to all day-to-day matters related to administration of this Agreement. However, the Municipal Court Clerk is not authorized to execute this Agreement, any amendment hereto, or any assignment hereor; such action sliall require the signature of the City Manager in order to be binding on the City.

2 All Services shall be coordinated with and performed to the satisfaction of the Municipal Court Clerk, who may meet with Contractor on a ~nonthly basis to reconcile all collected accounts.

3 For purposes of this Agreement, the term "Municipal Court Clerk" shall also include that person's authorized representative.

6. Indemnification and Release

(a) Contractor covenants and agrees to indemnify, hold harmless, and defend the City, its officers, agents, and elnployees from any and all claims or suits for property damage or loss and/or personal injury (including death) to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the work and services to be performed hereunder by Contractor, its officers, agents, empioyees, or subcontractors.. Contractor covenants and agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees from any and all claims or suits or for any expense arising out of or in connection with, directly or indirectly, the collection services performed under this Agreement. This indemnity shall include without limitation any reasonable and necessary attorney's fees for the defense of any claim hereunder including any appeal of said claims. The Indemnity provision of this Agreement shall have no application to any claim or demand that is the result of the sole negligence or fault of the City, its officers, agents, or employees.

(b) In the event that litigation is initiated against the City by a defendant contacted by the Contractor in the collection activity of the Contractor, then the Contractor agrees to represent the City in such litigation as a part of the services compensated in this Agreement.

(c) In addition, by executing this Agreement, Contractor releases the City, its officers, agents, and employees from any liability for property damage or loss and/or personal injury (including death) incurred during performance of this Agreement.

Page 8 of 16

7. Insurance arid Bonding

(a) Contractor shall take out and maintain such policies of insurance and bonds as may be required by the City for Contractor's operations under this Agreement. At present, such insurance and bonding shall consist of at least the following:

Workers' Compensation Insurance

I Contractor must provide Workers' Compensation/Employer's Liability insurance for all of its employees and, in the event any work is subcontracted, Contractor will require each subcontractor to provide Workers' Coinpensation insurance in accordance with the requirements of the City, including Coverage B.

2 Minimum coverage amounts for Workers' Compensation/Employer's Liability insurance are as follows:

Workers' Compensation-Statutory limits

Employers Liability

$100,000 -Bodily Injury by Disease per employee

$500,000 -Bodily Injury by Disease aggregate

$1 00,000 -Bodily Injury by Accident

Professional Liability Insurance

Contractor is required to procure insurance providing the following minimum coverage amounts:

$1,000,000 -per claim or event

$1,000,000 -annual aggregate

Any deductible will be the sole responsibility of the Contractor and may not exceed $50,000 without the written approval of the City. The retroactive or prior acts date of such coverage shall not be after the effective date of this Agreement. This policy will provide coverage for all claims the Contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Contractor's professional services required under the Agreement, and include an extended reporting period provision of a minimum of three (3) years following completion of the work.

(b) General Requirements Applicable to All Insurance:

1 Certificates of insurance shall be delivered to the City of Laredo prior to commencement of work, addressed to the attention of Gilbert M. Sanchez, Risk Manager, City of Laredo, 55 12 Thomas Avenue, 956.795.3075 (Office).

Page 9 of 16

The City's Risk Manager shall have the right to review and evaluate Contractor's insurance coverage and to malte reasonable requests for deletion, revision, or modifications of particular policy terms, conditions, limitations, or exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decision, or the clairns history of the industry and/or of the Contractor. Contractor shall comply with such requests as a condition precedent to the effectiveness of this Agreement. Contractor shall be afforded ninety (90) days to implement such changes, provided, however, that no change shall be required where policy provisions are established by law or regulations binding upon the Contractor, its insurer, or the policy underwriter.

3 The City, its officers, emnployees, and servants shall be endorsed as an additional insured on each insurance policy required under this Agreement with the exception of Contractor's workcr's compensation insurance policy.

4 Each insurance policy shall be endorsed to provide the City a minimum thirty (30) days notice of cancellation, non-renewal, and/or material change in policy terms or coverage.

5 Each certificate shall be signed by an agent authorized to bond coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the most-recent A.M. Best Property & Casualty Guide.

6 All policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City of Laredo, Texas.

7 Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City's Risk Management Division.

1

8 Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and that any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery.

9 The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If an insurer's rating does not meet the minimum requirement, written approval of Risk Management is required.

10 If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage.

1 1 Unless otherwise stated, all required insurance shall be written on an "occurrence basis." If coverage is underwritten on a "claims made" basis, the retroactive date shall be

Page 10 of 16

coincident with or prior to the date of this Agreement, and the certificate of insurance shall state that the coverage is "claims made" and indicate the retroactive date.

12 All insurance coverage shall be maintained for the duration of this Agreement and for three (3) years following completion of the services or for the warranty period, whichever is longer.

13 Contractor shall annually provide the City's Risk Management Division with current certificates of insurance to evidence coverage in accordance with this Agreement.

14 Policies shall contain no exclusions by endorsements that nullify the required lines of coverage or that decrease the limits of coverage unless such endorsen~ents haw been approved in advance, in writing by the City's Risk Manager.

15 With the exception of worlter's compensation insurance, the City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups in lieu of traditional insurance. Prior to employing such alternative coverage, Contractor must obtain City's written approval.

16 City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance.

17 During any term of this Agreement, Contractor shall report to the Risk Management Division in a timely manner any loss occurrence that could give rise to a liability claim or lawsuit or that co~tId result in a property loss.

18 Contractor's liability shall not be limited to the specified amounts of insurance required herein.

19 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein.

(c) Employee Dishonesty Bond

Contractor shall provide an employee dishonesty bond in an amount of at least One Million Dollars ($1,000,000.00) per event, to run in favor of the City as its interest may appear. For a bond to be acceptable it must be executed by a corporate surety authorized to do business in the State of Texas and otherwise acceptable to the City.

(d) Performance Bond or Irrevocable Standby Letter of Credit

1 Before commencing work under this Agreement, Contractor shall furnish City with a perfonnance Bond or Irrevocable Standby Letter of Credit in the amount of Fifty Thousand Dollars ($50,000.00) guaranteeing Contractor's performance of the terms and conditions of this Agreement.

Page 11 of 16

2 For a letter of credit to be acceptable it must be irrevocable and be issued by a federally insured (FDIC) banking institution with a debt rating of "1A" or higher by the FDIC, "A" or higher by Standard & Poor's, or "A" or higher by Moody's Investors, or a comparable rating by a comparable rating system acceptable by the City. For a bond to be acceptable it must be issued by a corporate surety authorized to do business in the State of Texas and otherwise acceptable to the City.

8. Independent Contractor

Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, or employee of the City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work performed hereunder and all persons performing same, and Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and Contractor, their respective officers, agents, employees, subcontractors, or any of thenz. The doctrine of respondeat szperior shall have no application as between City and Contractor.

9. Compliance with Law

In performing collection services hereunder, Contractor shall comply at all times with all federal, state, and local laws, regulations, and ordinances (including policies of the City) that in any manner affect the Contractor or the Services, including in particular those related to debt collection. In accordance with Section 6 of this Agreement, Contractor shall indemnify and hold harmless the City, its officers, agents, employees, and separate contractors against any claim arising from the alleged violation of such a law, ordinance, or regulation by the Contractor, its officers, agents, employees, directors, owners, or separate contractors.

10. Permits

Contractor shall obtain, at its sole cost and expense, any necessary permits from any governmental authority for the performance of the services hereunder.

11 . Records, Statements, Reports

For a period of three (3) years after final payment under this Agreement or any subcontract, Contractor and its permitted s~tbcontractors shall keep and maintain accurate records relating to activity on debts and accounts receivable referred by the City to Contractor.

12. Right to Audit

(a) Contractor agrees that the City shall, until the expiration of three (3) years aAer final payment under this Agreement, have access to and the right to examine any books, documents, papers, and records of the Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to

Page 12 of 16

condilct audits in compliance with the provisions of this section.

(b) Contractor further agrees to include in any subcontractor agreements hereunder a provision to the effect that Subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subagreement, have (i) access to and the right to examine any books, documents, papers and records of such subcontractor, involving transactions relating to the subagreement; and (ii) access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section.

(c) Nothing herein shall be construed as limiting City's rights of access to any examination of boolts, documents, papers, and records that may exist independe~itly of this provision.

13. Notices

Any notice pursuant to this Agreement shall be given in writing by (i) personal delivery, or (ii) reputable overnight delivery service with proof of delivery, or (iii) United States Mail, postage prepaid, registered or certified mail, return receipt requested, or (iv) legible facsimile transmission sent to the intended addressee at the address set forth below, or to such other address or to the attention of such other person as the addressee shall have designated by written notice sent in accordance herewith, and shall be deemed to have been given either at the time of personal delivery, or in the case of expedited delivery service or mail, as of the date of first attempted delivery at the address and in the manner provided herein, or, in the case of facsimile transmission, as of the date of the facsimile transmission provided that an original of such facsimile is also sent to the intended addressee by any of the means described in clauses (i), (ii) or (iii) above. Unless changed in accordance with the preceding sentence, the addresses for notices given pursuant to this Agreement shall be as follows:

City of Laredo: Contractor:

Municipal Court Attn: Municipal Court Clerk 461 0 Maher Ave. Laredo, Texas 78042 (956) 794-1 680 (office)

Linebarger Goggan Blair Rt Sampson, L.L.P Attn: Paul Daniel Chapa, Partner 500 N. Shoreline, Sitite 11 1 I Corpus Christi, Texas 7847 1 (361) 888-6898 (office) (361) 888-4568 (fax)

With a copy to: City of Laredo Attn: City Manager 1 1 10 Houston Street Laredo, Texas 78040

Page 13 of 16

14. Force Majeure

If either party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; p~iblic health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuancc of such event.

15. Assignment

Contractor may not assign or transfer any interest in the Agreement nor delegate the performance of any duties liereunder without the written consent of the City. Any such attempted assignment without prior written consent shall be void. Consent of the City to an assignment shall not relieve the Contractor of liability in the event of default by its assignee.

16. Nondiscrimination

As a condition of this Agreement, Contractor covenants that it will take all necessary action to insure that in connection with any work under this Agreement, the Contractor, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical handicap unrelated to job performance, either directly or indirectly or through contractual or other arrangements.

17. Choice of Law; Venue

This Agreement shall be construed in accordance with law of the State of Texas. Should any action at law or in equity arise, directly or indirectly, out of the tenns of this Agreement, venue shall be in the state courts located in Webb County, Texas or the United States District Court for the Southern District of Texas, Laredo Division.

18. Parties Round

This Agreement shall be binding upon and in~tre to the benefit to the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. Each undersigned signatory represents and warrants that he or she is the duly authorized representative of the party on whose he or she is signing and is authorized to execute this Agreement. Nothing herein shall be construed as creating a personal liability on the part of any City officer, employee, or agent.

Page 14 of 16

19. Severability

In the event anyone or more of the provisions contained in this Agreement should for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

20. Amendment

No amendment, modification, or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto.

21. Rights and Remedies Cumulative

The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive that party's right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by Iaw, statute, ordinance, or otherwise.

22. Waiver of Default

No waiver by either party hereto of any default or breach of any term, condition, or covenant of this Agreement shall be deemed to be a waiver of any other breach of the same or any other term, condition, or covenant contained herein.

23. Governmental Powers

Both parties agree and understand that the City does not waive or surrender any of its governmental powers or immunities by execution of this Agreement.

24. Headings

Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.

25. Entire Agreement

This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the parties concerning the work and services to be performed hereunder, and any prior or conten~poraneous, oral or written agreement that purport to vary from the terms hereof shall be void.

26. Inconsistencies

Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements that are made a part hereof by reference or otherwise, the provisions of

Page 15 of 16

this Agreement shall control.

This Agreement may be executed in any number of and by the different parties hereto on separate counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same document.

28. Terminology and Definitions

All personal pronouns used herein, whether used in the masculine, feminine, or neutral, shall include all other genders; the singular shall i~lclude the plural and the plural shalf include the singular.

29. Rule of Construction

The parties hereto acknowledge that each party and its legal counsel have reviewed and revised this agreement, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this agreement or any amendments or exhibits hereto.

This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed.

EXECUTED in multiple originals on this, the __ day of

Carlos R. Villarreal Paul Daniel Chapa City Manager Partner

ATTESTED :

By: Gustavo Guevara, Jr. City Secretary

APPROVED AS TO FORM Raul Casso, City Attorney

By: Nathan R. Bratton Assistant City Attorney

Page 16 of 16

COUNCIL C4)MMllNlCATlON DATE:

0610711 0

SUBJECT: MOTION Appointment of Mayor Pro Tempore as per Ordinance 90-0-101. City Council shall confirm one of the Council Members who shall be known and designated as Mayor Pro Tempore and direct staff to amend section 1 of Ordinance 90-0-1 01 which provides for the Office of M a y ~ r Pro Tern from the second meeting in May to the second meeting in November of

I each year. INITIATED BY: STAFF SOURCE: Carlos Villarreal Gustavo Guevara, Jr. City Manager City Secretary

PREVIOUS COUNCiL ACTION:

June 22, 2009 - (Sm. Mike Garza was appointed Mayor Pro Tern.

Ordinance 90-0-1 01 adopted by City Council on July 2, 1990 titled: An ordinance providing for the Office for the Mayor Pro Tempore; Term of such office; role of such office; and who shall preside in the absence of Mayor.

From the Protocol Handbook: The Mayor Pro Tempore shall be elected in seniority order from among Laredo City Council Members who have not held that office. The Laredo City Council shall elect the Mayor Pro Tempore by majority vote.

The Mayor Pro Tempore shall be elected for a one-year term beginning after the regular City election in odd-numbered years. The Mayor Pro Tempore of the City of Laredo ranks immediately after the Mayor and assumes the rank of Mayor in his or her absence.

BACKGROUND: Previous Mayor Pro Tempore:

1990 - Jacinto Juarez 1991 - Hector Liendo 1992 - Blas Castafieda 1993 - Eduardo Perales 1994 - Cecilia May Moreno 1995 - Felipe Cardenas 1996 - Poncho Casso 1997 - Jose R. Perez 1998 - Louis H. Bruni 1999 - Consuelo Montalvo

2000 - Joe A. Guerra 2001 - Eliseo Valdez, Jr. 2002 - Alfredo Agredano 2003 - John C. Galo 2004 - Johnny Amaya 2005 - Jose A. Valdez, Jr. 2006 - Juan Ramirez 2007 - Gene Belmares 2008 - Jose A. Valdez, Jr. 2009 - Mike Garza

Senioritv list: CM. Hector Garcia CM. Johnny Rendon CM. Michael Landeck FINANCIAL:

RECBMMENDATIQN: Staff recommends motion approval.

Date: 6-7-10

SUBJECT: PUBLIC HEARING AND INTRODUCTORY 0RI)INANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO GROUND LEASE (FLORES STREET)) BY AND BETWEEN THE CITY OF LAREDO, A MUNICIPAL CORPORATION (LANDLORD), AND NEW CINGULAR WIRELESS PCS, LLC, (TENANT), FORIIERLY KNOWN AS OR A SUCCESSOR- IN- INTEREST TO TEXAS/ILLINOIS CELLULAR LIMITED PARTNERSHIP, BY ITS GENERAL PARTNER, SOUTHWESTERN BELL WIRELESS, INC.; DATED JULY 19, 1999 AND ATTACHED HERETO; TO ALLOW LANDLORD TO MODIFY LANDLORD'S LEASE AREA LOCATION DESCRIBED IN EXHIBIT A WITH AREA LOCATION AS DESCRIBED IN EXHIBIT A-1; TO MODIFY THE BASE RENT FROM $14,740 TO $16,939.96; AND TO ALLOW TENANT TO MODIFY THE NOTICE SECTION THEREOF; ALL OTHER TERMS AND

I CONDITIONS REMAIN. INITIATED BY: I STAFF SOURCE:

BACKGROUND: Landlord and tenant entered into a Ground Lease (FLORES STREET) dated July 19, 1999, whereby Landlord leased to Tenant a portion of premises on roof top of the Laredo Transit Center located at 1301 Farragut Street. Tenant desires to amend the Ground Lease to modify the lease area location; base rent amount; and Notice Sections. Exhibit A will be replaced by Exhibit A-1 as indicated on the amendment. The annual rental o l $14,740.00 will now be increased by an additional $2,199.96 to $16,939.96 as compensation for the Landlord's loss of parking revenues. The notice section will also be modified to reflect the Tenants new company name and address.


FINANCIAL: Revenues will be deposited into account number 5 18-5450-36 1 -2006/Telecom rental.

Feliciano Garcia Jr., LTMI General Manager

TRANSIT COMMITTEE: N/ A

PRlEVIOUS BOARD ACTION: City Council approved the ground lease agreement on July 19, 1999 with Ordinance No. 99-0-197.

STAFF RECOMMENDATION: Staff recommends passage of this introductory ordinance.

ORDINANCE NO.

AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO GROUND LEASE ( F L O E S STREET)) BY AND BETWEEN THE CITY OF LAREDO, A MUNICIPAL CORPORATION (LANDLORD), AND NEW CINGULAR WIRELESS PCS, LLC, (TENANT), FORMERLY KNOWN AS OR A SUCCESSOR-IN- INTEREST TO TEXAS/ILLINOIS CELLULAR LIMITED PARTNERSHIP, BY ITS GENERAL PARTNER, SOUTHWESTERN BELL WIRELESS, INC.; DATED JULY 19, 1999 AND ATTACHED HERETO; TO ALLOW LANDLORD TO MODIFY LANDLORD'S LEASE AREA LOCATION DESCRIBED IN EXHIBIT A WITH AREA LOCATION AS DESCRIBED IN EXHIBIT A-1; TO MODIFY T I E BASE RENT FROM $14,740 TO $16,939.96; AND TO ALLOW TENANT TO MODIFY THE NOTICE SECTION THEREOF; ALL OTHER TERMS AND CONDITIONS E M A I N .

WHEREAS, Landlord and Tenant (or their respective predecessors-in-interest) entered into a Ground lease Agreement dated July 19, 1999, Ordinance Number 99-0- 197, whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 13 0 1 Farragut Street; and

WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the Lease Area Location and is hereby deleting Exhibit A of the agreement in its entirety and replace by Exhibit A-1 of the amendment; and

WHEREAS, Tenant will pay Landlord the an increase in annual Base Rent of $2,199.96 as compensation for the Landlord's loss parking revenue for the new annual base rent of $16,939.96; and

WHEREAS, Tenant desires to amend the Ground lease to modify the Notice Section of the Agreement to reflect Tenant's current contract information.

NOW THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF LAREDO THAT:

Section 1. the City Manager is authorized to execute a First Amendment to Ground Lease by and between the City of Laredo, a municipal corporation (Landlord),

. and New Cingular Wireless PCS, LLC (Tenant) formerly known as or a successor-in-interest to Texas/Illinois Cellular Limited Partnership, by its General Pkrtner, Southwestern Bell Wireless, Inc.; dated July 19, 1999 and attached hereto; to allow Landlord to modify Landlord's lease area location described in Exhibit A with area location as described in Exhibit A-1; to modify the base re~lt from $14,740 to $16.939.96; and to allow Tenant to modify the Notice Section thereof; all other terms and conditions remain.

Section 2. This Ordinance shall become effective upon passage hereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY TPIE MAYOR ON THIS THE DAY OF ,2010.


ATTEST:

GUSTAVO GUEVARA, JR. CITY SECETARY


BY RAUL CASSO CITY ATTORNEY

Market: SAN ANTONIO Cell Site Number: SX1187 Cell Site Name: FLORES STREET Fixed Asset Number: 10007674

FIRST AMENDiCiIENT TO GRBUMD LEASE (FLORES STREET)

THIS FIRST AMENDMENT TO GROUND LEASE (Flores Street) ("Amendment"), dated as of the latter of the signature dates below, is by and between the City of Laredo, a municipal corporation, having a mailing address of 11 10 Houston Street, Laredo, Texas, 78040 ("Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor in interest to Texas/Illinois Cellular Limited Partnership, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 ("Tenant").

WHEREAS, Landlord and Tenant's predecessor in interest entered into a Ground Lease dated July 19, 1999, whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 1301 Farragut Street, Laredo, Texas, 78040, ("Agreement");

WHEREAS, Landlord and Tenant acknowledge that (i) TexaslIllinois Cellular Limited Partnership was the original Tenant under the Agreement; (ii) New Cingular Wireless PCS, LLC is the successor in interest to TexasIIllinois Cellular Limited Partnership; and (iii) New Cingular

. .. Wireless PCS, LLC is now the Tenant under the Agreement;

WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the Premises location; Base Rent amount; and Notice Section; and

WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly.

NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows:

1. Exhibits. Exhibit A of the Agreement is hereby deleted in its entirety and replaced by the attached Exhibits A-1.

2. Rental. Commencing on the date of this Amendment, Tenant will pay Landlord an increase in annual Base Rent of $2,199.96 as compensation for the Landlord's lost parking revenue. As of the effective date of this Amendment, Tenant's annual Base Rent is $14,740.00. Including the foregoing increase, Tenant's new annual Base Rent will be $16,939.96. In any partial month occurring after the Amendment effective date, Base Rent will be prorated.

3. Notices. The Notices section of the Agreement (Section 24) is hereby deleted in its entirety and replaced with the following:

TX -- Form Amendment Ver. 1.7.10

Notices. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows.

If to Tenant: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #:SX1187; Cell Site Name: Flores Street Fixed Asset No: 10007674 12555 Cingular Way, Suite 1300 Alpharetta, Georgia 30004

With the required copy to:

New Cingular Wireless PCS, LLC Attn: AT&T Legal Department Re: Cell Site #: SX1187; Cell Site Name: Flores Street Fixed Asset No.: 10007674 15 East Midland Avenue Paramus, NJ 07652

A copy sent to the Legal Department is an administrative step which alone does not constitute legal notice.

If to Landlord: City of Laredo, Transportation Department 1 1 10 Houston Street Laredo, Texas 78040

Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein.

4. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment.

5. Capitalized Terms. All capitalized tenns used but not defined herein shall have the same meanings as defined in the Agreement.


IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the dates set forth below.

"LANDLORD" The City of Laredo, a municipal corporation

By: Name: Title: Date:

"TENANT" New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager

By: Name: Title: Date: - -

TX - - Form Amendment Ver, 1.7.10

TENANT ACKNOWLEDGEMENT

STATE OF ) )ss:

COUNTY OF )

On the day of , 2010 before me personally appeared , and acknowledged under oath that he is the of

AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant.

Notary Public: My Commission Expires:

LANDLORD ACKNOWLEDGEMENT

CORPORATE ACKNOWLEDGEMENT

STATE OF TEXAS)

COUNTY OF WEBB) . -

I CERTIFY that on -, 2010, [name of representative] personally came before me and acknowledged under oath that he or she:

(a) is the [title] of the City of Laredo, the municipal corporation named in the attached instrument,

(b) was authorized to execute this instrument on behalf of the municipal corporation and

( c ) executed the instrument as the act of the municipal corporation.

Notary Public My Commission Expires:


EXHIBIT A-1 Licensee's Facilities - Site Plan

Notes: 1 THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE

RECEIVED BY TENANT 2 ANY SETBACK OF THE PREMISES FROM THE PROPERTY'S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE

APPLICABLE GOVERNMENTAL AUTHORITIES 3 WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES,

INCLUDING POLICE AND FIRE DEPARTMENTS 4 THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE

TmS $1"11:~red ingo BS of this &te City of Lwede, a m~cipl w p r Fama~bip~ by its Genwi;t Pmer* S@u&wen

with its Mnwaf ta~8ked at 14338 &a&alfk Rm C ?*)* r

. The t a x of &is L&% shall be frfwn (15) yeaq ~ ~ a a (ae =mi ~ate*) ending.

bwces$iv~ kmf:~wl $ern of fma (5) yeam by Teamh 'hxl$:~Q (120) r fsa f~s prior t~ aq&.tiia aof We cmmt

&ia Lease.

4, Tman% &dl w the Prrniaes fag: $be %:onmc:$io~1 md e16t)em~~~ aF a werP&tmnag , cansmctiosb md operatiara af m eq~ipm~s4t buildkg ta ~ m & i ~ BIB%& qdpn-1%~fi& uses hc=-id~n% & ~ F B ~ Q . md $or EG other p ~ a s e - y r e m t sbdd, d ie o m eqms, camply with dl paaat md *ro m e P md bed w&amces8 md mHatia~9 {ia~ludi~g 1 ~ ~ s md ~ r d i ~ m ~ ~ g bcdtk, dq* fad;@

emi~iad;a& mi4 r ~ ~ d m t i d h somMion ~& the -we, o ~ a ~ t i a q rnaiai%i:r%mced

sMl be mti~ed iers c$wge my O&ga P ~ o v i h mch md mts3s: kta as Tmmt m8 tlw EH+htx Rodpide;r m y qow,

riot- * % i ~ ~ n t-appravd, piat to be mwanably wiaef$ can$itiia~e& os &layetsets Tenmt sMl. negagate in ggaet fait11 ~ i t h any O r h g ~

h i k 2 be fm a et rate m4 OR mmket k r n ~ HatG*&ia&~g mming 2

Ten& &dl py* as *&ibeeome due and payable, all fcrs, q&& fa2 H9-exmiis maan; pW& r e q ~ ~ fm- ~ l r mwiarad by

&m$ Tmmt m y d m aec

day w i o d it is ternsinatkg the Leas

17, E &e Lsreda Transit Ccnt~r or I R ~ p f i o a &e~m-f' is demy& 02 h a g e d SO as to mrafeaialiy hinder egec~ve BSG of t k L d u Tsmsit Ceafer

5

md wmme &i its WE of h g Premises bmia fPCif% M B ~

m &*E

my &w;age, Iw3 st @wage m dl & ~ m e p " f@;%,~, wk%%a md

b~@&ty ta iaem

anr by any fdmal, stsf@ m logs! eovimnnlcotal law, .: ia @EEG~ oz @~m&g&ted h &B k b g 9 8.s g @ ~ h la%%*

~r Ag% say be m e ~ d & kim~ t4 gme; md 'it &id! b k t e ~ t e d to kdBrr&* bat f a g 6 tzr-, m y ~ W ~ C P ; w E ~ h &m zeiem ht~ i h e

sie;;bm d m sr

&r=p %be aqhhaa sf g23e hevac w=i$b ts3: te h a tamcy fim =6& -b mmtb ~t PMC~ (2) amMy md & ~ f f e&m d s a be fk the te rn

as, TKS ~emt3 ~ W Y tm t ~ ~ @ x L EQ~CG T8s-t c m a t

3

ard fdls fa ~ V G p z o p avhppli~fip off ~ t a $krie ba1;5; ar Team4 &temiaa %%at: the Remiss

be Na4$si~g k ~ 6 s &ern@ ~BaraB prwlzs& %xamr$lard h m lezt&g ~ ) b $ i 4 ~ yw$: faf communications &@pxenit to any person or entie which may iw in competi~~n vdih T ar my'@&&;% pw, pm~4d tkst h & r d sstisEe dl d&ei e ~ r m provisims hereof to the a m - ~ h d d tandtord desire lew similar

to ak. wmpet;t&or af T C a ~ w d a ~ c b n $mice VCS) q~prnmq Lmd~cd gbdf =qdw; W dl %me a ~ d m s dei&g .'to w &is 9~)wtim will first c ~ o r d h a ~ vti& Teaat $0 imwt:

hwfemce to T m t s qaaipaeaftlr.

STATE OF TB

E3ief~ra.me~ &e mda " said. Carny sfid Shae, on this 32 4zy layf prsoaally ~ p p r n d

w b suhcehd the

% eba &a@ md ~rolmm md &cd. af WGX~ c q w a ~ ~ u ~ far fbe m a s md ~ a ~ o z : &cr~in set E i .

.-f- Givm uudzr my bnnd and sea1 ofoERce tbe day and lask above writte~.

J--., *

bfy C W S ~ O D Expires:

Tbf o e m m $mar$ a @pa v a g % hm@eE

Carolyn I. Wilder AT&T Mobility U C T: 404-986-1 674 Senior Paralegai and 102.5 Lenox Park Blvd., NE F: 404-986-9003 Assktant Corporate Secretary Suite 5046 CW4626Qatt.com Law Department Atlanta, GA 30319-5309 www.att.com

NEW CINGULAW W E L E S S PC§, LLC

ASSISTANT SECRETARY'S CERTFICATE

I, Carolyn J. Wilder, do hereby certify that I am a duly elected, qualified and acting Assistant Secretary of AT&T Mobility Corporation the Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company (the "Company"), and as such I am authorized to execute this certificate. Ln such capacity, I further certify that:

1. Texasmlinois Cellular Limited Partnership, a Delaware limited partnership, was cancelled on September 21,2000, and a Certificate of Cancellation of Limited Partnership was filed with the Delaware Secretary of State on September 21,2000.

2. The two partners of the Texasmlinois Cellular Limited Partnership, at the time the partnership was cancelled, were SBMS Cellular Telecommunications Central Illinois, Inc. ("SBMS") and Southwestern Bell Mobile Systems, Inc.

3. SBMS entered into a Bill of Sale Assignment and Assumption Agreement dated September 29,2000 with Southwestern Bell Mobile Systems, Tnc. whereby SBMS assigned ail of its assets and liabilities to Southwestern Bell Mobile Systems, Inc., and SBMS was dissolved on September 29,2000.

4. Southwestern Bell Mobile Systems, Inc. merged with and into Southwestern Bell MobiIe Systems, LLC effective September 29,2000, and Southwestern Bell Mobile Systems, LLC assumed all of the assets and liabilities of Southwestern Bell Mobile Systems, Inc.

5 , Southwestern Bell Mobile Systems, LLC merged wid] and into New Cingular Wireless PCS, LLC effective December 3 1,2004, and New Cingular Wireless PCS, LLC assumed all of the assets and liabilities of Southwestern Bell Mobile Systems, LLC.

li\l WITNESS WHEWOF, the undersigned has affixed her signature this 171h day of May, 2010.

CITY COUNCIL MEETING AS LAREDO MASS TRANSIT BOARD COMMUNlCAV1OM

Date: I SUBJECT: MOTION

I

PREVIOUS BOARD ACTION: None

DISTRIBUTION OF TEN THOUSAND (10,000) FREE BUS RIDE VOUCI-IERS GOOD ON ANY OF EL METRO'S BUS ROUTES ON THURSDAY, JUNE 17, 2010, IN CONJUNCTION WITH THE FOURTH ANNUAL AMERICAN PUBLIC TRANSPORTATION

DUMP THE PUMP DAY.

-- BACKGROUND: On June 17,2010, public transportation agencies from coast to coast will join together to ask the public to park their cars and ride public transportation instead. The day is- dedicated to raising awareness that public transportation helps improve the environment and conserve fuel. Public transportation has the ability to save people money, conserve gasoline, and reduce the harmful greenhouse gases emitted into our environment. By participating in DUMP THE PUMP DAY, the City of Laredo will help build support for public transportation. El Metro plans to promote the event through local radio and TV stations, and has planned several activities such as distributing free hotdogs, cokes and the free bus ride vouchers to the passengers throughout the day at the Transit Center.


FINANCIAL IMPACT: The average revenue for a Thursday is approximately $10,000 and the estimated revenue loss will be $12,500 if all voucliers are used.

STAFF SOURCE: Feliciano Garcia, LTMI General Manager

COMMITTEE RECONIMENDATION: N/ A

STAFF RECOMMENDATION: Staff recommends approval of motion.