Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet City Council - 09/18/2012
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, September 18, 2012 12:00 PM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Deacon Michael Mentz, Diocese of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations / Commendations 1 12 -00672 Proclamation declaring September 17 -23, 2012 as "United States Constitution Week" Swearing -in ceremony of newly appointed board, commission and committee members F. MINUTES: 2 12 -00673 Approval of Meeting Minutes - September 11, 2012. Attachments: Minutes - September 11, 2012.pdf G. BOARD & COMMITTEE APPOINTMENTS: (NONE) Corpus Christi Page 1 Printed on 9/17/2012 City Council Meeting Agenda - Final September 18, 2012 H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. I. CONSENT AGENDA: (ITEMS 3 - 12) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3 12 -00599 Service agreement for household hazardous waste disposal Motion approving a service agreement with Stericycle Specialty Waste Solutions, Inc., Tulsa, Oklahoma for household hazardous waste disposal in accordance with Bid Invitation No. BI- 0169 -12, based on lowest responsible bid, for an estimated three -year expenditure of $377,029.20 of which $109,630.39 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for thirty -six (36) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Storm Water Department in FY 2012 -2013. Attachments: Agenda Memo - Household Hazardous Waste Disposal.docx Bid Tabulation - Household Hazardous Waste Disposal.xlsx Service Agreement - Household Hazardous Waste Disposal.pdf 4 12 -00629 Amendment to a State contract to extend contract and add services for re- inventory of artifact collection Resolution authorizing the City Manager or designee to execute 3rd amendment to the interagency cooperation contract with the Texas Historical Commission which extends the term of the contract through December 31, 2013 and modifies the services to be performed Attachments: Agenda memo - THC 3rd Amendment 3rd Amendment THC Contract for Services Resolution - THC 3rd Amendment - Museum 5 12 -00604 Authorization to submit a State grant application to study at -risk hazardous materials transportation activities and industrial Corpus Christi Page 2 Printed on 9/17/2012 City Council Meeting Agenda - Final September 18, 2012 facilities throughout Nueces County and neighboring jurisdictions Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $65,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2013 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safety and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right -to Know Act of 1986, with a hard match of $13,000; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. Attachments: Lepc Grant 2013 Agenda Memo Exec Summary Resolution - Submital HMEP GRANT 2012 - Fire 6 12 -00643 State service agreement to analyze recreational beach water samples for water quality and public health and safety 7 12 -00635 Resolution approving a service agreement between the Corpus Christi - Nueces County Public Health District ( "Health District ") and the Texas General Land Office to enable the Health District to provide beach water sampling in Nueces, Aransas, and San Patricio counties under the Texas Beach Watch Program; and ratifying approval of the agreement as of September 1, 2012. Attachments: Agenda memo - Beach Watch Grant GLO- 2012 -2013 Action Agenda.docx Resolution - Texas Beach Watch Program.doc GLO Contract No. 13- 056 - 000- 6979.pdf Renewal of federal joint funding agreement to continue use of automated river gauging stations for recording inflows and releases of City's reservoir system Motion authorizing the City Manager or designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS), U.S.Department of the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $155,864. Attachments: Agenda Memo - USGS Agreement US Dept. of Interior joint funding agreement 8.22.12.pdf 8 12 -00632 Construction contract for new mechanical bar screen and grit Corpus Christi Page 3 Printed on 9/17/2012 City Council Meeting Agenda - Final September 18, 2012 removal improvements for wastewater treatment plant Motion authorizing the City Manager, or designee, to execute a construction contract with R.M. Wright Construction Company of El Paso, Texas in the amount of $2,772,662.00 for the Allison Wastewater Treatment Plant New Mechanical Bar Screen and Grit Removal Improvements for the Base Bid plus Additive Alternate No. 1 and 2. Attachments: Memo - Allison WVVTP Project Budget - Allison Wastewater Treatment Plant.xls Location Map - Allison Wastewater Treatment Plant. pdf Presentation - Allison Wastewater Treatment Plant. pptx 9 12 -00627 Second Reading Ordinance - Accepting and appropriating a State grant to continue clinical services for infrastructure and maintenance of clinics. (1st Reading - 9/11/12) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant of $775,666 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide continued clinical services. Attachments: City Bundle Agenda Memo Ordinance for multi -part DSHS Grant.pdf Contract. pdf Attachment #1. pdf Attachment #2. pdf Attachment #3. pdf Attachment #4. pdf Attachment #5. pdf Attachment #6. pdf Attachment #7. pdf Certification Regarding Lobbying. pdf General Provisions part 1.pdf General Provisions part 2.pdf 10 12 -00642 Second Reading Ordinance - Accepting and appropriating a State grant to fund immunization education services (1st Reading - 09/11/12) Ordinance authorizing the City manager or designee to execute all documents necessary to accept and appropriate a grant amendment in amount of $12,500.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds for Immunization education services. Corpus Christi Page 4 Printed on 9/17/2012 City Council Meeting Agenda - Final September 18, 2012 Attachments: Agenda Memo - IMM- LOCALS Ammendment Ordinance for Amendment to DSHS Immunization Grant Immunization Ammendment Immunizaton- EXHIBIT B Immunization - EXHIBIT C Immunization - EXHIBIT D Immunization BUDGET 11 12 -00630 Second Reading Ordinance - Accepting and appropriating a State grant to fund WebEOC operations (1st Reading - 9/11/12) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Council in the amount of $20,000 for the benefit of the City's WebEOC operations; and appropriating $20,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grants Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. Attachments: Agenda Memo- CBRAC WebEOC grant Ordinance - CBRAC Award - CBRAC 12 12 -00634 Second Reading Ordinance - Transferring and appropriating funds for pavement repairs required at Ocean Drive and Elizabeth Street (1st Reading - 9/11/12) Ordinance appropriating $553,839.90 from the Unreserved Fund Balance in No. 1020 General Fund and transferring into Street CIP Fund 3530 for the Emergency Repair - Ocean Drive at Elizabeth Street Pavement Repair Project; amending FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E11088 Ocean Drive at Elizabeth Street; increasing revenues and expenditures in the amount of $553,839.90; changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase expenditures by $553,839.90. Attachments: Memo - Ocean Drive Ordinance - Ocean Drive Request for Waiver - Ocean Drive at Elizabeth Location Map - Ocean Drive J. EXECUTIVE SESSION: (NONE) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive Corpus Christi Page 5 Printed on 9/17/2012 City Council Meeting Agenda - Final September 18, 2012 session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. K. PUBLIC HEARINGS: (ITEMS 13 - 14) 13 12 -00613 Change of zoning from the multifamily 1 district to the single - family 6 district located at 2302 Flour Bluff Drive Case No. 0712 -04 Mohammad Rezaei: A change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single - Family 6 District, resulting in a change of future land use from commercial and medium density residential to low density residential. The property to be rezoned is described as being 8.943 acres out of the North one -half (%2) of Lot 17, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Purdue Road and Flour Bluff Drive. Planning Commission and Staff Recommendation (July 18, 2012): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single - Family 6 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Mohammad Rezaei ( "Owner "), by changing the UDC Zoning Map in reference to 8.943 acres out of the North one -half (1/2) of Lot 17, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM -1" Multifamily 1 District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; providing for publication; and declaring an emergency. Attachments: (1) Agenda Memo, Rezaei (8- 20 -12) (2) Aerial Overview Map, Rezaei (3) Report w attachments, Mohammad Rezaei, 8 -14 -12 (4) Ordinance with attachments, Mohammad Rezaei, 8 -20 -12 14 12 -00614 Change of zoning from the single - family 6 district to the resort commercial district located at 14101 Commodores Drive Case No. 0812 -01 Steven Bright: A change of zoning from the "RS -6" Single - Family 6 District to the "CR -2" Resort Commercial District, resulting in a change of future land use from low density residential to commercial. The property to be rezoned is described as Island Fairway Estates, Block 34, Lot 21, located along the southwest corner of Commodore's Drive and Aquarius Street. Planning Commission and Staff Recommendation (August 1, 2012): Corpus Christi Page 6 Printed on 9/17/2012 City Council Meeting Agenda - Final September 18, 2012 Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "CR -2" Resort Commercial District and, in lieu thereof, approval of the "RM -AT" Multifamily AT District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Steven Bright, on behalf of Calvin F. Bright ( "Owner"), by changing the UDC Zoning Map in reference to Island Fairway Estates, Block 34, Lot 21 from the "RS -6" Single - Family 6 District to the "RM -AT" Multifamily AT District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; providing for publication; and declaring an emergency. Attachments: (1) Agenda Memo Bright (8- 20 -12) (2) Aerial Overview Map Bright (3) Report w attachments, Bright 8 -14 -12 (4) Ordinance RM -AT w attachments Steven Bright 8 -20 -12 L. REGULAR AGENDA: (ITEMS 15 - 18) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 15 12 -00639 Construction contract for Downtown Streets project (Chaparral) (BOND 2008) Motion authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $4,819,070.00 for the Downtown Streets - Chaparral Project for the Base Bid; authorizing the removal of the catenary poles, specialized street lights and paver covers at utility cleanouts from the Base Bid. (Bond 2008) Attachments: Memo - Downtown Streets Protect Budget - Downtown Streets Location Map - Downtown Streets (Chaparral) Powerpoint Presentation - Aug 28, 2012 16 12 -00661 Analysis and summary of the Request for Proposal response for operation and management of the American Bank Center Motion directing the City Manager or designee to: i) prepare a document analyzing and summarizing the financial and strategic options available to the City for the operation and management of the ABC; (ii) provide recommendations to the City Council related to the operation and management of the American Bank Center; and (iii) conduct time - limited Corpus Christi Page 7 Printed on 9/17/2012 City Council Meeting Agenda - Final September 18, 2012 negotiations with SMG for the operation and management of the American Bank Center (ABC). Attachments: Agenda Memo - Review of SMG Response Summary - SMG Proposal Contract Deal Points - SMG Analysis Contract Deal Points - City of CC Analysis Performance Summary - American Bank Center 17 12 -00666 Approval of the settlement agreement with the United States Department of Justice Motion authorizing the City Manager or his designee to approve the settlement agreement with the United States Department of Justice in Case No. 2:12 -cv- 00217, United States of America v. City of Corpus Christi, Texas, in the U.S. District Court, Southern District of Texas, Corpus Christi Division. Attachments: DOJ consent decree 09.18.2012 18 12 -00569 Resolution declaring intent to establish a street user fee Resolution declaring intent to establish a street user fee for implementation in FY 2013 -2014; approving the design concepts for street user fee rates; and establishing policy relative to establishment of a street user fee. Attachments: Agenda memo - Street user Fee Resolution re intent to form (Revised) 30 Presentation - Resolution on Street Fee M. FIRST READING ORDINANCES: (ITEMS 19 - 22) 19 12 -00636 First Reading Ordinance - Appropriating and transferring funds to be used for capital expenditures Ordinance appropriating $65,417 from the No. 4611 Airport Capital Reserve Fund and transferring $65,417 to the No. 4610 Airport Operating Fund as a result of the July 10, 2012 refunding of the Series 2000 A & B Bonds that eliminated the reserve fund requirement; amending the FY 2012 -13 Operating Budget adopted by Ordinance No. 029577 to increase revenue and expenditures by $65,417. Attachments: Agenda memo - Airprot Capital Funds appropration and transfer Ord - approp transferring from NO 4611 to No 4610 9 -05 -12 20 12 -00655 First Reading Ordinance - Executing a sublease agreement to build and operate a bicycle motocross track on a portion of Manuel Q. Salinas Park at 1354 Airport Road Corpus Christi Page 8 Printed on 9/17/2012 City Council Meeting Agenda - Final September 18, 2012 Ordinance authorizing the City Manager, or his designee to execute a 5 year sublease agreement with South Texas BMX, LLC for the use of approximately 3 acres out of Manuel Q. Salinas Park located at 1354 Airport Road, for construction and operation of a bicycle motocross facility, with options to extend for up to two additional five year terms, in consideration of monthly rental payments of ten percent of net revenues; providing for severance; and providing for publication. Attachments: Agenda memo - South Texas BMX Ordinance - South Texas BMX LLC Lease - South Texas BMX 21 12 -00659 First Reading Ordinance - Accepting and appropriating a State grant; transferring and appropriating City /InKind match to fund victims of crime Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $79,188.69 to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 13, with a City match of $16,731.84, in -kind match of $4,000 in the No. 1020 Police General Fund; and appropriating the $79,188.69 in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department and authorizing the transfer of $16,731.84 from the No. 1020 Cash Contribution to and appropriating in the No. 1061 Police Grants Fund as grant matching funds for a total project cost of $99,920.53. Attachments: VOCA agenda memo 09.18.2012 Ordinance -VOCA grant 2012 - Police revised Contract - VOCA 22 12 -00615 First Reading Ordinance - Appropriating funds for purchase of 164 In -Car Video Recording Systems and completion of fiber network for police substations Ordinance appropriating $1,216,225 in the General Fund No. 1020 for the purchase of 164 vehicle video recording systems for the Police Department's patrol fleet; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing appropriations by $1,216,225; transferring an amount of $80,000 from the General Fund No. 1020 to and appropriating in the MIS Fund No. 5210 to facilitate completion of the fiber network for use by the Tuloso and Waldron Police Department Substations; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenues and appropriations by $80,000 each; awarding and authorizing the purchase of 164 vehicle video recording systems from Coban Technologies, Inc. Corpus Christi Page 9 Printed on 9/17/2012 City Council Meeting Agenda - Final September 18, 2012 for $1,426,611.30 based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). Attachments: Agenda Memo - In -Car Video Recording System.docx Price Sheet - In -Car Video Recording System.xls Appropriations Ordinance - In -Car Video Recording System.docx Presentation - In -Car Video Recording System.ppt N. FUTURE AGENDA ITEMS: (ITEMS 23 - 25) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 23 12 -00664 Deferment agreement with Calallen Retail Partners, L.P., for public improvements located at the Southeast corner of Farm to Market Rd. 624 (Northwest Blvd.) and Farm to Market Rd. 1889. Motion finding reasonable cause exists to delay completion of public improvements in accordance with Section 8.1.10.B of the Unified Development Code and authorizing the City Manager, or designee, to execute a deferment agreement with Calallen Retail Partners, L.P. ( "Developer "), in the amount of $228,800.00 for public improvements to property located at the southeast corner of Farm to Market Rd. 624 (Northwest Blvd.) and Farm to Market Rd. 1889, contingent upon receipt of a letter of credit approved by the City prior to the filing of the final plat by the Developer. Attachments: Agenda Memo Exec Summary Form 9 -13 -12 v4 DefermentAqmt Calallen Retail Partners LP v04 Final Exectd 20120912 24 12 -00647 Employee Transition Plan for the Professional Service Management Agreement for the Corpus Christi Museum of Science and History Motion authorizing the City Manager or his designee to execute the Employee Transition Plan with Corpus Christi Museum Joint Venture (CCMJV), amending the Professional Service Management Agreement to operate and manage the Corpus Christi Museum of Science and History. Attachments: Agenda Memo - Museum Employee Transistion Plan Agreement - Employee Transition Plan EXECUTED 25 12 -00649 Professional services contract amendment for the extension of a runway and taxiway threshold and two new taxiways Motion authorizing the City Manager, or designee, to execute Amendment No. 9 to the Professional Services contract with KSA Engineers, Inc. of Longview, Texas, in the amount of $1,000,000.00 for a total restated fee not to exceed $3,403,226.95 for the Corpus Christi Corpus Christi Page 10 Printed on 9/17/2012 City Council Meeting Agenda - Final September 18, 2012 International Airport Runway 17/35 Extension /Displacement and Connecting Taxiway Project. Attachments: Agenda Memo - CCIA Runway KSAAmend Budget - KSAAmendment Location Map - Runway 17 -35 KSAAmendment.pdf Contract- Runway 17 -35 KSAAmendment.pdf Presentation - Runway 17 -35 KSAAmendment.pptx O. UPDATES TO CITY COUNCIL: (NONE) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. P. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Q. CITY MANAGER'S COMMENTS: Update on City Operations R. ADJOURNMENT Corpus Christi Page 11 Printed on 9/17/2012 Corpus Christi Meeting Minutes - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, September 11, 2012 12:00 PM Council Chambers 11:45 Proclamation declaring September 11, 2012 as "9/11 Dav of Remembrance and Commitment" Mayor Adame read and presented the Proclamation. A. Call meeting to order. B. Invocation. Mayor Adame called the meeting to order. The invocation was delivered by Pastor David Beirne of Travis Baptist Church. C. Pledge of Allegiance. D. Roll Call. The Pledge of Allegiance was led by Council Member Chris Adler. City Secretary Chapa verified that the necessary quorum of the Council and the following necessary Charter Officers City Manager Ron Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa were present to conduct the meeting: Present: 8 - Mayor Joe Adame,Council Member Chris Adler,Council Member Kelley AIIen,Council Member Priscilla LeabCouncil Member David Loeb,Council Member John Marez,Council Member Nelda Martinez, and Council Member Mark Scott Absent: 1 - Council Member Larry Elizondo E. Proclamations / Commendations 1 Proclamation declaring the month of September 2012 as "National Recovery Month" Proclamation declaring the month of September 2012 as "Senior Center Month" Proclamation declaring September 12, 2012 as "Grandparents and Other Relatives Raising Children Day" Proclamation declaring September 19, 2012 as "Texting and Driving - It Can Wait Day" "At Your Service" Award, City Employee Recognition Corpus Christi Page 1 Printed on 9/13/2012 City Council Meeting Minutes - Final September 11, 2012 MayorAdame read and presented the Proclamation(s). F. MINUTES: 2 Approval of Meeting Minutes - August 21, 2012 and August 28, 2012. A motion was made by Council Member Adler, seconded by Council Member Scott to approve the minutes as presented and passed. G. BOARDS & COMMITTEE APPOINTMENTS: 3 Animal Control Advisory Committee Building Code Board of Appeals Cable Communications Commission Retired and Senior Volunteer Program Advisory Committee The council made new appointments /reappointed to the following City boards, commissions and committees: Animal Control Advisory Committee: Harold Bennett (Animal Welfare /Shelter) - Reappointed; Laina Schonefeld (Community At Large) - New Appointment Building Code Board of Appeals: Randy Farrar (Building Industry) and Debbie Ehlen (General Contractor) - New Appointments Cable Communications Commission: Walter DeVille and Lyle Smitson - New Appointments Retired and Senior Volunteer Program Advisory Committee: Margaret Ramsey (Volunteer Station) - Reappointed; Anne Bauman, Mary Helen Salazar, Abel Sanchez and Dale Berry - New Appointments Enactment No: 0000 I. CONSENT AGENDA: (ITEMS 4 - 12) Mayor Adame called for consideration of the Consent Agenda, Items 4 through 12. Mayor Adame asked for comments from the audience. There were no comments. The items were approved by one vote: 4 Supply agreement for asphalt used for street construction and repair Motion approving a supply agreement with Ergon Asphalt & Emulsions, Inc., Austin, Texas for emulsified polymerized asphalt in accordance with Bid Invitation No. BI- 0210 -12, based on lowest responsible bid, for an estimated 6 -month expenditure of $376,731.00. The term of the agreement shall be for six (6) months with options to extend for up to five (5) additional six -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by Street Operations in FY 2012 -2013. The foregoing motion was passed and approved with the following vote: Corpus Christi Page 2 Printed on 9/13/2012 City Council Meeting Minutes - Final September 11, 2012 Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 Enactment No: M2012 -162 Participation agreement and Reimbursement agreement to fund street and water improvements for future development located south of Yorktown Blvd. and east of Cimarron Blvd. (Bond 2008) Motion authorizing the City Manager to execute a Participation Agreement for $88,000 for City's portion of Excalibur Road, and a Water Arterial Transmission and Grid Main Extension Construction and Reimbursement Agreement for $18,171.34, each with MPM Development LP, Developer of Royal Creek Estates Unit 4. The foregoing motion was passed and approved with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 Enactment No: M2012 -163 6 Professional services contract to obtain Legal services for general water law issues Motion to authorize the City Manager or designee to execute a legal services agreement with Timothy L. Brown to advise the City on water rights and general water law issues, at monthly rate of $7,000 plus expenses and authorize $50,000 for consultant subcontracts needed to assist with resolution of water law issues. The foregoing motion was passed and approved with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 Enactment No: M2012 -164 7 Amendment to contract to continue Packery Channel monitoring through FY 2012 - 2013 Corpus Christi Page 3 Printed on 9/13/2012 City Council Meeting Minutes - Final September 11, 2012 8 9 Motion authorizing the City Manager, or designee, to execute Amendment No. 7 to the contract between the City of Corpus Christi and Texas A &M University- Corpus Christi in the amount of $314,389.00, for a restated amount not to exceed $1,548,028.00, for Packery Channel Monitoring for Fiscal Year 2012 -2013. The foregoing motion was passed and approved with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 Enactment No: M2012 -165 Second Reading Ordinance - Amending the Urban Transportation Plan and redesignating County Road 52 from 4 lane with a median to 4 lane with a continuous left turn lane located between US 77 and Callicoatte Road (First Reading 8/28/12) Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by re- designating County Road 52 from an A -2 Arterial (100 -foot right -of -way, four lanes, and a median) to an A -1 Arterial (95 -foot right -of -way, four lanes, and a continuous left turn lane) between U.S. Hwy. 77 and Callicoatte Road; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 Enactment No: 029618 Second Reading Ordinance - Amending the Urban Transportation Plan to consolidate two proposed collector streets into a single collector located midpoint between CR 69 and US 77 (First Reading 8/28/12) Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by consolidation of two north -south collector streets into a single collector street generally located midpoint between County Road 69 and U.S. Hwy. 77; amending related elements of the Comprehensive Plan of the City; Corpus Christi Page 4 Printed on 9/13/2012 City Council Meeting Minutes - Final September 11, 2012 10 11 providing for severance; and providing for publication. The foregoing ordinance was passed and approved on second readiing with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 Enactment No: 029619 Second Reading Ordinance - Accepting and appropriating a State grant for overtime enforcement of Driving While Intoxicated (DWI) and speeding (First Reading 8/28/12) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $60,528.90 for the 2013 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $68,842.11, for a total project cost of $129,371.01 and appropriating $60,528.90 in the No. 1061 Police Grants Fund. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 Enactment No: 029620 Second Reading Ordinance - Accepting and appropriating a federal grant and awarding a construction contract for the runway extension /displacement and taxiway project at the Airport (First Reading 8/28/12) Ordinance accepting and appropriating $16,345,505.00 from the Federal Aviation Administration Grant No. 3 -48- 0051 - 049 -2012 in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 Extension Displacement and Associated Taxiways and Runway 13/31 Connecting Taxiways Project; changing the FY2012 -2013 Capital Budget adopted by Ordinance No. 029565 by increasing revenues and expenditures by $5,545,505.00 each; authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Corpus Christi Page 5 Printed on 9/13/2012 City Council Meeting Minutes - Final September 11, 2012 12 Christi in the amount of $12,841,419.06 for Base Bid Plus Additive Alternates 1, 2 and 3 for the Runway 17/35 Extension /Displacement and Connecting Taxiway Project. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 Enactment No: 029621 Second Reading Ordinance - Accepting and appropriating a State grant for a marketing campaign to improve air service at the airport (First Reading 8/28/12) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept Small Community Air Service Development Program from the United States Department of Transportation (USDOT) in the amount of $300,000 and appropriating $300,000 from the United States Department of Transportation Small Community Air Service Development Program in the No. 1055 Airport Grants Fund for a marketing campaign to educate travelers on benefits of local air service at Corpus Christi International Airport. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 Enactment No: 029622 J. EXECUTIVE SESSION: (ITEMS 13 - 14) 13 MayorAdame read Executive Session Item Nos. 13 and 14. The council went ito executive session. The council returned from executive session. Mayor Adame announced that no action would be taken on the executive session. Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code for consultation with attorneys regarding Civil Action No. :2-12-cv-00217 styled United States of America v. The City of Corpus Christi, Texas presently pending in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. Corpus Christi Page 6 Printed on 9/13/2012 City Council Meeting Minutes - Final September 11, 2012 14 This E- Session Item was discussed in executive session Executive Session pursuant to Section 551.071(2) of the Texas Government Code for consultation with attorneys regarding a matter in which the duty of an attorney for the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with chapter 551 of the Texas Government Code, with possible discussion and action in open session. This E- Session Item was discussed in executive session K. PUBLIC HEARINGS: (ITEMS 15 -16) 15 Change of zoning from single - family 6 district to the neighborhood commercial district at 1221, 1225, 1237 Horne Rd. Case No. 0712 -02: Hutton Company: A change of zoning from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District, resulting in a change of future land use from low density residential to commercial. The property to be rezoned is described as Laguna Acres, Block 1, Lots 2, 3 and 4, located near the southwest corner of Columbia Street and Horne Road. Planning Commission & Staff Recommendation (July 18, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District. ORDINANCE Ordinance amending the Unified Development Code ( "UDC ") upon application by Hutton Company, on behalf of Guadalupe Silva Reyes (owner of lots 2 and 3) and Mayan Sun Enterprises, LTD (owner of lot 4) ( "Owners "), by changing the UDC Zoning Map in reference to Laguna Acres, Block 1, Lots 2, 3, and 4, from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; providing for publication; and declaring an emergency. MayorAdame referred to Item No. 15, Public Hearing - Hutton Company. Mark Van Vleck, Interim Director of Development Services stated that this item is for a zoning change from "RS -6" Single Family 6 District to "CN -1" Neighborhood Commercial District on a 1.14 -acre site located near the southwest corner of Columbia Street. A motion was made by Council Member Martinez, seconded by Council Member Adler to open the public hearing and passed. Ricardo Blanco concerned about the type of business that will be built in the area. A motion was made by Council Member Scott, seconded by Council Member Adler to close the public hearing and passed. An emergency was declared and the foregoing ordinance was passed and Corpus Christi Page 7 Printed on 9/13/2012 City Council Meeting Minutes - Final September 11, 2012 approved with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 Enactment No: 029623 16 Change of zoning from the farm rural district to the light industrial district at 8018 Sedwick Road Case No. 0712 -03 Michael N. Gunning: A change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District, not resulting in a change of future land use. The property to be rezoned is described as a 19.15 -acre tract of land out of Lots 23 and 24, H. B. Sheppard Farm Lots, located on the north side of Sedwick Road and approximately 1,000 feet west of Rhew Road. Planning Commission & Staff Recommendation (July 18, 2012): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Michael N. Gunning, on behalf of Eloy Salazar and Rick A. Martinez ( "Owners "), by changing the UDC Zoning Map in reference to a 19.15 -acre tract of land out of Lots 23 and 24, H. B. Sheppard Farm Lots, from the "FR" Farm Rural District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; providing for publication; and declaring an emergency. MayorAdame referred to Item No. 16, Public Hearing - Michael N. Gunning. Mark Van Vleck, Interim Director of Development Services stated that this item is for a zoning change from "FR" Farm Rural District to "IL" Light Industrial District on 19.15 -acre tract, located on the north side of Sedwick Road and approximately 1,000 feet west of Rhew Road. A motion was made by Council Member Martinez, seconded by Council Scott to open the public hearing and passed. There were no comments from the audience. A motion was made by Council Member Martinez, seconded by Council Member Loeb and passed to close the public hearing. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Corpus Christi Page 8 Printed on 9/13/2012 City Council Meeting Minutes - Final September 11, 2012 Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 Enactment No: 029624 L. REGULAR AGENDA: (NONE) M. FIRST READING ORDINANCES: (ITEMS 17 - 21) 17 First Reading Ordinance - Accepting and appropriating a State grant to continue clinical services for infrastructure and maintenance of clinics Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant of $775,666 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide continued clinical services. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 18 First Reading Ordinance - Accepting and appropriating a State grant to fund immunization education services Ordinance authorizing the City manager or designee to execute all documents necessary to accept and appropriate a grant amendment in amount of $12,500.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds for Immunization education services. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 19 First Reading Ordinance - Extending a State lease agreement to Corpus Christi Page 9 Printed on 9/13/2012 City Council Meeting Minutes - Final September 11, 2012 enable the boy scouts to finance and construct improvements on their permanent encampment Ordinance authorizing the City Manager, or designee, to execute an extension of the Lease Agreement with Texas Parks and Wildlife Department for the use of an approximately 14,106 acre tract adjacent to Lake Corpus Christi through December 31, 2052; providing for severance; providing for publication; and providing an effective date. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 1 - Council Member Marez 20 First Reading Ordinance - Accepting and appropriating a State grant to fund WebEOC operations (1st Reading - 9/11/12) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Council in the amount of $20,000 for the benefit of the City's WebEOC operations; and appropriating $20,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grants Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 21 First Reading Ordinance - Transferring and appropriating funds for pavement repairs required at Ocean Dr. and Elizabeth St. Ordinance appropriating $553,839.90 from the Unreserved Fund Balance in No. 1020 General Fund and transferring into Street CIP Fund 3530 for the Emergency Repair - Ocean Drive at Elizabeth Street Pavement Repair Project; amending FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E11088 Ocean Drive at Elizabeth Street; increasing revenues and expenditures in the amount of $553,839.90; changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase Corpus Christi Page 10 Printed on 9/13/2012 City Council Meeting Minutes - Final September 11, 2012 expenditures by $553,839.90. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Elizondo Abstained: 0 N. FUTURE AGENDA ITEMS: (ITEMS 22 - 29) MayorAdame referred to the Future Agenda section, Items 22 through 31. Mayor Adame stated that these items are for informational purposes only and that no action or public comment would be taken at this item. City Manager Olson stated that staff would provide a presentation on Items 27 through 31, and council requested a presentation on Item No. 22. 22 Service agreement for household hazardous waste disposal Motion approving a service agreement with Stericycle Specialty Waste Solutions, Inc., Tulsa, Oklahoma for household hazardous waste disposal in accordance with Bid Invitation No. BI- 0169 -12, based on lowest responsible bid, for an estimated three -year expenditure of $377,029.20 of which $109,630.39 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for thirty -six (36) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Storm Water Department in FY 2012 -2013. This Motion was recommended by staff to the Consent Agenda. 23 Amendment to a State contract to extend contract and add services for re- inventory of artifact collection 24 Resolution authorizing the City Manager or designee to execute 3rd amendment to the interagency cooperation contract with the Texas Historical Commission which extends the term of the contract through December 31, 2013 and modifies the services to be performed This Resolution was recommended by staff to the Consent Agenda. Authorization to submit a State grant application to study at -risk hazardous materials transportation activities and industrial facilities throughout Nueces County and neighboring jurisdictions Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $65,000 to the Texas Department of Corpus Christi Page 11 Printed on 9/13/2012 City Council Meeting Minutes - Final September 11, 2012 Public Safety, Governor's Division of Emergency Management, for FY 2013 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safety and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right -to Know Act of 1986, with a hard match of $13,000; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. This Resolution was recommended by staff to the Consent Agenda. 25 State service agreement to analyze recreational beach water samples for water quality and public health and safety 26 Resolution approving a service agreement between the Corpus Christi - Nueces County Public Health District ( "Health District ") and the Texas General Land Office to enable the Health District to provide beach water sampling in Nueces, Aransas, and San Patricio counties under the Texas Beach Watch Program; and ratifying approval of the agreement as of September 1, 2012. This Resolution was recommended by staff to the Consent Agenda. Renewal of federal joint funding agreement to continue use of automated river gauging stations for recording inflows and releases of City's reservoir system Motion authorizing the City Manager or designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS), U.S.Department of the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $155,864. This Motion was recommended by staff to the Consent Agenda. 27 Construction contract for new mechanical bar screen and grit removal improvements for wastewater treatment plant Motion authorizing the City Manager, or designee, to execute a construction contract with R.M. Wright Construction Company of El Paso, Texas in the amount of $2,772,662.00 for the Allison Wastewater Treatment Plant New Mechanical Bar Screen and Grit Removal Improvements for the Base Bid plus Additive Alternate No. 1 and 2. This Motion was recommended by staff to the Consent Agenda. 28 Construction contract for Downtown Streets project (Chaparral) Corpus Christi Page 12 Printed on 9/13/2012 City Council Meeting Minutes - Final September 11, 2012 (BOND 2008) Motion authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $4,819,070.00 for the Downtown Streets - Chaparral Project for the Base Bid; authorizing the removal of the catenary poles, specialized street lights and paver covers at utility cleanouts from the Base Bid. (Bond 2008) This Motion was recommended by staff to the Regular Agenda. 29 Analysis and summary of the Request for Proposal response for operation and management of the American Bank Center Motion directing the City Manager or designee to: i) prepare a document analyzing and summarizing the financial and strategic options available to the City for the operation and management of the ABC; (ii) provide recommendations to the City Council related to the operation and management of the American Bank Center; and (iii) conduct time - limited negotiations with SMG for the operation and management of the American Bank Center (ABC). This Motion was recommended by staff to the Regular Agenda. FUTURE PUBLIC HEARING: (ITEMS 30 - 31) 30 Change of zoning from the multifamily 1 district to the single - family 6 district located at 2302 Flour Bluff Drive Case No. 0712 -04 Mohammad Rezaei: A change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single - Family 6 District, resulting in a change of future land use from commercial and medium density residential to low density residential. The property to be rezoned is described as being 8.943 acres out of the North one -half (%2) of Lot 17, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Purdue Road and Flour Bluff Drive. Planning Commission and Staff Recommendation (July 18, 2012): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single - Family 6 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Mohammad Rezaei ( "Owner "), by changing the UDC Zoning Map in reference to 8.943 acres out of the North one -half (1/2) of Lot 17, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, Corpus Christi Page 13 Printed on 9/13/2012 City Council Meeting Minutes - Final September 11, 2012 from the "RM -1" Multifamily 1 District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; providing for publication; and declaring an emergency. This Emergency Ordinance was recommended by staff to public hearing. 31 Change of zoning from the single - family 6 district to the resort commercial district located at 14101 Commodores Drive Case No. 0812 -01 Steven Bright: A change of zoning from the "RS -6" Single - Family 6 District to the "CR -2" Resort Commercial District, resulting in a change of future land use from low density residential to commercial. The property to be rezoned is described as Island Fairway Estates, Block 34, Lot 21, located along the southwest corner of Commodore's Drive and Aquarius Street. Planning Commission and Staff Recommendation (August 1, 2012): Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "CR -2" Resort Commercial District and, in lieu thereof, approval of the "RM -AT" Multifamily AT District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Steven Bright, on behalf of Calvin F. Bright ( "Owner"), by changing the UDC Zoning Map in reference to Island Fairway Estates, Block 34, Lot 21 from the "RS -6" Single - Family 6 District to the "RM -AT" Multifamily AT District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; providing for publication; and declaring an emergency. This Emergency Ordinance was recommended by staff to public hearing. O. UPDATES TO CITY COUNCIL: (ITEMS 32 - 33) 32 Drought Contingency Plan and Conservation Mayor Adame referred to Item No. 32, Drought Contingency Plan and Conservation. Gus Gonzalez, Director of Water Operations provided a presentation and discussed the reservoir levels at Choke Canyon Reservoir, Lake Corpus Christi, and the Combined Reservoir System. He reported that based on current consumption and no rainfall, the Choke Canyon /Lake Corpus Christi Combined Reservoir System may reach 40 percent capacity by October 2012. He also discussed the water volume projections; the drought management plan; customer program; and the action in Stage II. 33 Mary Rhodes Pipeline, Phase 2 Corpus Christi Page 14 Printed on 9/13/2012 City Council Meeting Minutes - Final September 11, 2012 MayorAdame referred to Item No. 33, Mary Rhodes Pipeline, Phase 2. Gus Gonzales, Director of Water Operations provided an update and discussed the following: status update, project status, project schedule, and project budget. RECESS THE CITY COUNCIL MEETING 34 Board of Director's Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) 1. Call meeting to order 2. Secretary Armando Chapa calls roll. 3. Motion appointing Councilman Kelley Allen as a board member of the CCCIC. 4. Approve minutes from Board meeting of June 28, 2011. 5. Treasurer's Report 6. Appointments to the Loan Review Committee 7. Public Comment 8. Adjournment This Corporation Meeting was held. RECONVENE THE CITY COUNCIL MEETING P. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Adame referred to the public comment. John Webb, owner of Crawdaddy's Restaurant spoke about concerns that he is not allowed to wash bird droppings off the sidewalk in front of his business; Jerry Garcia spoke about funding for Southside Youth Complex; Jim Klein urged the council to pass a resolution to overturn the Citizens United court case and distributed a resolution approved by the US Conference of Mayor's regarding this issue; Richard Hardgrove spoke about the street user fee. Q. CITY MANAGER'S COMMENTS: Corpus Christi Page 15 Printed on 9/13/2012 City Council Meeting Minutes - Final September 11, 2012 Update on City Operations City Manager Olson provided the council an update on the following operational issues: 1) during the Labor Day holiday, the Neighborhood Services, Police and Parks & Recreation department concentrated their efforts on litter control and beach cleaning, 2) the Proud Partnership effort will move into the thrid area, the Lynwood area at the end of the month for clean up and code enforcement, 3) reported that the Fire department will begin a new process, Data Driven Decision Making for operations in the department, 4) progress on the replacement of the Peoplesoft sytem to occur in August 2013 with the new fiscal year, 5) reported that appointed leadership will take part in training program designed for department heads and assistants and is patterned after management process dealing with leadership and planning, 6) continuing to evaluate the facility maintenance program and inventory of city buildings and condition, on schedule to make recommendation to council in January 2013, 7) the Solid Waste Competitive review is ongoing and expect a final draft in January 2013, 8) reported progress on business plans and plans to add performance measures into the business plan monitoring system, and 9) announced that the Communications department received a National Award for work associated with the budget education program. R. ADJOURNMENT There being no further business to come before the council, Mayor Adame adjourned the meeting at 4:00 pm. Corpus Christi Page 16 Printed on 9/13/2012 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2012 Action Item for the City Council Meeting of September 18, 2012 DATE: TO: September 11, 2012 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a�cctexas.com (361) 826 -3169 Valerie H. Gray, Director of Storm Water and Street Operations valeriec cctexas.com (361) 826 -1875 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm (a�cctexas. com (361) 826 -1972 Household Hazardous Waste Disposal CAPTION: Motion approving a service agreement with Stericycle Specialty Waste Solutions, Inc., Tulsa, Oklahoma for household hazardous waste disposal in accordance with Bid Invitation No. BI- 0169-12, based on lowest responsible bid, for an estimated three -year expenditure of $377,029.20 of which $109,630.39 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for thirty -six (36) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Storm Water Department in FY 2012- 2013. PURPOSE: This service agreement will be utilized by the Solid Waste Department to categorize, package, manifest, transport, and properly dispose of waste collected through the Household Hazardous Waste Program. BACKGROUND AND FINDINGS: The Household Hazardous Waste program was established in 1993. Since that time, the program has evolved into a major collection effort where household hazardous materials are brought to the landfill throughout the year and categorized, packaged, transported, and disposed of in accordance with all federal and state regulatory guidelines and reporting requirements. The contractor is responsible for furnishing all equipment, material and labor to satisfactorily dispose of the material. Items disposed of include batteries, paints, aerosols, gas cylinders, pesticides, oils, light bulbs, and other hazardous materials. Historically, the Storm Water Department has provided funding for this service in order to prevent contaminants from entering the storm drain system while the Solid Waste Department has administered the contract. The Storm Water Department provides the first $100,000.00 of funding per fiscal year. If household hazardous waste disposal exceeds $100,000.00, the remaining funding is provided by the Solid Waste Department. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The contract is established for a three -year period. Each year, the quantities of items processed under the agreement are estimated to increase by five percent (5 %). The three -year contract amount of $377,029.20 consists of $119,596.79 for year one (1), $125,576.79 for year two (2), and $131,855.63 for year three (3). Eleven (11) months of service will be provided in FY 2012- 2013 at a cost of $109,630.39. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Storm Water Department, Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $224,000.00 $267,398.81 $491,398.81 Encumbered / Expended Amount $0 0 $0 This item $109,630.39 $267,398.81 $377,029.20 BALANCE $114,369.61 $114,369.61 Fund(s): Storm Water Fund, General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN BID TABULATION BID INVITATION NO.: BI- 0169 -12 HOUSEHOLD HAZARDOUS WASTE DISPOSAL YEAR 1 TOTAL: $119,596.79 $130,969.33 $176,270.83 ITEM STERICYCLE SPECIALTY WASTE SOLUTIONS, INC. TULSA, OKLAHOMA TRADEBE TREATMENT & RECYCLING, LLC EAST CHICAGO, INDIANA GREEN PLANET, INC. ROYSE CITY, TEXAS YEAR 1 UNIT TOTAL UNIT TOTAL UNIT TOTAL ITEM DESCRIPTION QTY. UNIT PRICE PRICE PRICE PRICE PRICE PRICE 1.1 Flammable Liquids 75,523 pounds $0.45 $33,985.35 $0.44 $33,230.12 $0.50 $37,761.50 1.2 Flammable solids 7,888 pounds 0.85 6704.46 0.70 5521.32 0.75 5915.70 1.3 Aerosols 9,330 pounds 0.85 7930.76 0.84 7837.45 1.00 9330.30 1.4 Corrosives 7,394 pounds 0.90 6654.69 1.00 7394.10 2.00 14788.20 1.5 Oxidizers 1,447 pounds 1.25 1808.63 1.62 2343.98 2.50 3617.25 1.6 Poisons 8,047 pounds 1.15 9254.28 1.05 8449.56 2.00 16094.40 1.7 Cylinders 7,545 pounds 2.50 18863.25 3.11 23465.88 2.50 18863.25 1.8 Other regulated 24,208 pounds 0.65 15735.04 0.84 20334.51 1.50 36311.63 1.9 Non - regulated 74,641 pounds 0.25 18660.34 0.30 22392.41 0.45 33588.61 YEAR 1 TOTAL: $119,596.79 $130,969.33 $176,270.83 ITEM YEAR 2 DESCRIPTION QTY. UNIT UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 2.0 YEAR 2 2.1 Flammable Liquids 79,300 pounds $0.45 $35,684.78 $0.44 $34,891.79 $0.50 $39,649.76 2.2 Flammable solids 8,282 pounds 0.85 7039.68 0.70 5797.39 0.75 6211.49 2.3 Aerosols 9,797 pounds 0.85 8327.29 0.84 8229.32 1.00 9796.82 2.4 Corrosives 7,764 pounds 0.90 6987.42 1.00 7763.81 2.00 15527.61 2.5 Oxidizers 1,519 pounds 1.25 1899.06 1.62 2461.18 2.50 3798.11 2.6 Poisons 8,450 pounds 1.15 9716.99 1.05 8872.04 2.00 16899.12 2.7 Cylinders 7,923 pounds 2.50 19806.41 3.11 24639.18 2.50 19806.41 2.8 Other regulated 25,418 pounds 0.65 16521.79 0.84 21351.24 1.50 38127.21 2.9 Non - regulated 78,373 pounds 0.25 19593.35 0.30 23512.03 0.45 35268.04 YEAR 2 TOTAL: $125,576.79 $137,517.96 $185,084.56 ITEM YEAR 3 DESCRIPTION QTY. UNIT UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 3.0 YEAR 3 3.1 Flammable Liquids 83,264 pounds $0.45 $37,469.02 $0.44 $36,636.38 $0.50 $41,632.25 3.2 Flammable solids 8,696 pounds 0.85 7391.67 0.70 $6,087.26 0.75 6522.06 3.3 Aerosols 10,287 pounds 0.85 8743.66 0.84 $8,640.79 1.00 10286.66 3.4 Corrosives 8,152 pounds 0.90 7336.80 1.00 $8,152.00 2.00 16303.99 3.5 Oxidizers 1,595 pounds 1.25 1994.01 1.62 $2,584.24 2.50 3988.02 3.6 Poisons 8,872 pounds 1.15 10202.84 1.05 $9,315.64 2.00 17744.08 3.7 Cylinders 8,319 pounds 2.50 20796.73 3.11 $25,871.14 2.50 20796.73 3.8 Other regulated 26,689 pounds 0.65 17347.88 0.84 $22,418.80 1.50 40033.57 3.9 Non - regulated 82,292 pounds 0.25 20573.02 0.30 $24,687.63 0.45 37031.44 YEAR 3 TOTAL: GRAND TOTAL: $131,855.63 $377,029.20 $144,393.85 $412,881.14 $194,338.79 $555,694.18 HOUSEHOLD HAZARDOUS WASTE DISPOSAL SERVICE AGREEMENT Service Agreement No. THIS Household Hazardous Waste Disposal Service Agreement (this "Agreement ") is entered into by and between Stericycle Specialty Waste Solutions, Inc. (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager "), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Household Hazardous Waste Disposal Service in response to Bid Invitation No. BI- 0169 -12 and is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Household Hazardous Waste Disposal Service in accordance with Bid Invitation No. BI- 0169 -12. 2. Term. This Agreement is for twelve (36) months commencing on and continuing through . The term includes an option to extend for up to two (2) additional twelve -month periods subject to the approval of the Contractor and the City Manager, or designee. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Director of Solid Waste Operations. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31st), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI- 0169 -12, or the Contractor's bid offer to Bid Invitation No. BI- 0169 -12 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0169 -12. Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand- delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Lawrence Mikolajczyk Director, Solid Waste Operations P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: 361 - 826 -1972 IF TO CONTRACTOR: Contractor Stericycle Specialty Waste Solutions, Inc. Contact Attention: Bryan Brown — Sales Solutions Executive Address: 2120 Southwest Blvd. City, State, Tulsa OK 74107 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this 13th day of July , 2012. Contractor Stericvcle Specialty Waste Solutions, Inc. Bryan Brown Title: Sales Solutions Executive CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No. BI- 0169 -12 Exhibit B: Bidder's Bid AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11 Action Item for the City Council Meeting of September 18 DATE: August 17, 2012 TO: Ronald L. Olson, City Manager FROM: Rick Stryker, Museum Director ricks@cctexas.com (361) 826 -4660 3rd amendment to the Interagency Cooperation Contract with the Texas Historical Commission CAPTION: Resolution authorizing the City Manager or designee to execute 3rd amendment to the interagency cooperation contract with the Texas Historical Commission which extends the term of the contract through December 31, 2013 and modifies the services to be performed PURPOSE: This amendment for work in the La Belle Collection extends the contract period and adds to the services performed by a temporary employee using previously appropriated funding. BACKGROUND AND FINDINGS: The Corpus Christi Museum of Science and History ( "Museum ") is the marine archeological repository for the State of Texas including La Belle, one of the ships used by La Salle in the French attempt to establish a colony near Matagorda Bay in 1685. The artifacts recovered in the excavation of La Belle in 1996 -97 have been conserved at the Conservation Research Laboratory at Texas A & M University — College Station and transferred to the Museum's repository. The Museum entered into a contract with the Texas Historical Commission ( "THC ") that provided for a methodical and comprehensive re- inventory of the La Belle artifact collection held at the Museum. This 3rd amendment extends the term of the contract and adds responsibility for preparing artifact loans for exhibits planned by the Bob Bullock Texas State History Museum. ALTERNATIVES: Due to the scope of the exhibits being planned, this work would not be possible without THC funding. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Not applicable EMERGENCY / NON- EMERGENCY: This is a routine, non - controversial item. DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget _ Encumbered / Expended Amount This item BALANCE Fund(s): Comments: All City funds used to support this project are reimbursed under this contract. Employee will be supervised by existing staff. RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Resolution TEXAS HISTORICAL COMMISSION real places telling real stories 3rd AMENDMENT TEXAS HISTORICAL COMMISSION CONTRACT FOR SERVICES 808 -10 -0018 Pursuant to Section VI, Term of Contract, which reads, This contract shall begin The parties may modij this contract by mutual written agreement. This contract may be extended for up to one year at the option of the Texas Historical Commission. This is the third amendment to contract #808 -10 -0018 between Corpus Christi Museum of Science and History and the Texas Historical Commission (attached hereto as Exhibit B). This amendment modifies Section II by adding an additional service to be performed by the contractor to "Exhibit A" of the contract. It also modifies Section VII by extending the term of the contract for an additional year and four months. All other conditions of the original contract will apply except for the amendments as follows: II. STATEMENT OF SERVICES TO BE PERFORMED: See revised "Exhibit A" attached. VII. TERM OF CONTRACT: This contract shall begin on January 1, 2010, after being signed by Receiving Agency, after first having been signed by Performing Agency, and will terminate on December 31, 2013. Upon 30 days prior notice, Receiving Agency may elect to cancel this contract at any time. The patties may modify this contract by mutual written agreement. This contract may be extended for up to one year at the option of the Texas Historical Commission. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment to be effective as of August 31, 2012. The parties to this contract hereby accept the terms of this contract and the amendment thereto. Persons signing are expressly authorized to obligate the parties to the terms of this contract and the amendment thereto. Contractor Texas Historical Commission Ronald L. Olson, City Manager Executive Director Date: CONCUR: Rick Stryker, Director Corpus Christi Museum of Science and History Date: V2(d(1— AUTHORIZED BY COUNCIL DATE: Secretary RICK PERRY, GOVERNOR • SHERI S. KRAUSE, CHAIRMAN • MARK WOLFE, EXECUTIVE DIRECTOR P.O. BOX 12276 • AUSTIN, TEXAS • 78711 -2276 • P 512.463.6100 • F 512.475.4872 • TOD 1.800.735.2989 • www.thc.state.tx.us 1 APPROVED AS TO FORM: Date: ��► Thrash, Asst. Attorney General R/Z Contract Amendment #3 808 -10 -0018 Page2of3 Corpus Christi City Attorney Date: Contract Amendment #3 808 -10 -0018 Page 2 of 3 EXHIBIT A Statement of Services to be Performed The Performing Agency shall perform those services as outlined below. 1. Re- inventory collections held at CCM. Based on an updated specimen inventory provided by the THC, a methodical and comprehensive re- inventory of the collections held at CCM is expected that will provide a complete and accurate count of the artifacts in database format. This entails ensuring that each artifact(s) held in the collection correlates with an artifact(s) described in the database. Additionally, counts provided in the existing databases are to be checked against the actual number of artifacts maintained in the collections. This may involve the splitting of groups of artifacts held in common bags into individual items as necessary. If discrepancies are noted in the course of the re- inventory a record will be made using standardized forms provided by the THC. If the problem cannot be resolved by the Performing Agency a record is requested and the issue will be resolved in collaboration with THC personnel. 2. Replace existing artifact tags with tags provided by THC. These tags are to be placed with their accompanying artifact(s) and enclosed within a sealable 2 -mil poly- bag (to be provided by THC). 3. Repackage artifacts as necessary. This entails placing artifacts in appropriate acid -free containers or 4 -mill poly -bags within the appropriate cabinets. 4. Label all pertinent artifacts using the following general parameters and record in provided database the labeling status of artifacts within the collection. All artifacts larger than a quarter and not made of wood or other easily damaged material (i.e. textiles or organic samples) should be labeled using acid free archival ink (black or white as appropriate) placed between layers of acryloid B -72 or printed archival labels applied between layers of acryloid B -72. Labels should include the site trinomial (41MG86) and the full Artifact Identification number; if necessary, only the artifact identification number may be applied. Example: 41MG86 778 -1.7 5. Identify objects in need of conservation treatment. During the course of the re- inventory, condition reports should be prepared for artifacts appearing to be in need of conservation treatment. 6. Update a copy of the provided database with correct information regularly throughout the course of work. 7. Work with City and State personnel to preserve and protect the La Belle collection's physical integrity. 8. Write chapters for the forthcoming technical volume on the following subjects: the firebricks and galley, spatial distribution and stowage. This includes a review of archaeological evidence as well as research into historical sources. n, Contract Amendment #3 808 -10 -0018 Page 3 of 3 9. Create drawings and illustrations for the aforementioned chapters. 10. Edit all chapters for the La Belle technical volume, making notes for the authors. 11. Directly supervise volunteers who are assisting in the re- Iabelling and re- bagging process. 12. Communicate with members of the public about the La Belk collection at the Corpus Christi Museum, answering public inquiries regarding items. 13. $2,500 of the budget is set aside for travel to Austin when needed. 14. Prepare artifact loans for the permanent and traveling exhibitions under preparation for the Bob Bullock Texas State History Museum. 15. Provide monthly progress reports consisting of the updated database file and copies of condition reports including photographs of artifacts that appear to be in need of conservation treatment. EXHIBIT "B" TEXAS HISTORICAL COMMISSIO real places telling real stories 1st AMENDMENT TEXAS HISTORICAL COMMISSION CONTRACT FOR SERVICES 808 -10 -0018 Pursuant to Section V1, Term of Contract, which reads, This contract shall begin The parties may modi.fi, this contract by mutual written agreement. This contract may be extended fog rap to oneyear at the option of the Texas Historical Commission. This is an amendment to contract #808 -10 -0018 between Corpus Christi Museum of Science and History and the Texas Historical Commission (copy attached). This amendment adds additional services to be performed, extends the term of the contract, and increases the amount of the contract. All other conditions of the original contract will apply except for the amendments as follows: II. Statement of Services to be Performed: The performing agency shall conduct a complete re- inventory of the La Belle artifact collections held at the Corpus Christi Museum of Science and History that will result in a complete and accurate count of the artifacts and a revised artifact database. The performing agency will conduct historical research and independent analysis of artifacts and will use research findings to write /edit chapters of published technical report of the La Belle collection and create drawings and illustrations for the aforementioned chapters. Additionally, performing agency will analyze artifacts in the collection in order to resolve discrepancies in inventory and reconcile artifact descriptions in database and collection records. Included also is travel to Austin when necessary. The scope of those services are more fully set forth in the document titled, Statement of Services to be Performed, attached hereto as "Exhibit A." IV. Contract Amount: The total amount of this Contract will not exceed $50,000 (FIFTY THOUSAND DOLLARS AND NO/100). VI. Tenn of Contract: This contract shall begin on January 1, 2010, after being signed by Receiving Agency, after first having been signed by Performing Agency, and will terminate on July 31, 2011. Upon 30 days prior notice, Receiving Agency may elect to cancel this contract at any time. The parties may modify this contract by mutual written agreement. This contract may be extended for up to one year at the option of the Texas Historical Commission. RICK PERRY, GOVERNOR • JON T. HANSEN, CHAIRMAN • MARK WOLFE, EXECUTIVE DIRECTOR P.O. BOX 12276 • AUSTIN, TEXAS • 78711 -2276 • P 512.463.6100 • F 512,475.4872 • TDD 1.800.735.2989 • www.thc.state.tx.us Contract Amendment 808-10-0L118 Page. 2 of 4 THE UNDERSIGNED PARTIES BIND THEMSELVES TO THE FAITHFUL PERFORMANCE OF THIS CONTRACT. Contractor An R. Escobar City Manager Date CONCUR: rOe Rick Stryker, Director Corpus Christi Museum of Science and History APPROVED AS TO FORM L■e_.■ Texas Historical Commission Executive Director Date e H Thrash A - tant Attorney General ( 6 //0 DATE: AZ /4-6(A Attorney DATE: a / /IQ AUK ►ORI7.Iri) $ COUNCIL O g ./3 f .. SECRETARY )313- TEXAS HISTORICAL COMMISSION real places telling real stories 2nd AMENDMENT TEXAS HISTORICAL COMMISSION CONTRACT FOR SERVICES 808 -10 -0018 Pursuant to Section VI, Term of Contract, which reads, This contract shall begin ...... The parties may ,iodi fj' this contras/ by mutual written agreement. This contract rncry be extended.* up to one year at the option of the Texas Historical Conrnrisson. This is the second amendment to contract #808 -10 -0018 betweeti Corpus Christi Museutn of Science and History and the Texas Historical Conunission (attached hereto as Exhibit A). This amendment extends the term of the contract for an additional year, it increases the contract amount -- from $50,000 to $92,106 ($35,000 of which is contingent upon future funding to the THC for the 2012 -2013 biennium by the Texas Legislature), and the amendment adds a new section to the contract (VIII. FUNDING) regarding funding. All other conditions of the original contract will apply except for the amendments as follows: IV. AMOUNT OF THE CONTRACT The total amount of this Contract will not exceed $92,106 (NINETY -TWO THOUSAND AND ONE HUNDRED AND SIX DOLLARS AND NO /100). VI. TERM OF CONTRACT: This contract shall begin on January 1. 2010, after being signed by Receiving Agency, after first having been signed by Performing Agency, and will terminate on August 31, 2012. Upon 30 days prior notice, Receiving Agency may elect to cancel this contract at any time. The parties may modify this contract by mutual written agreement. This contract may be extended for up to one year at the option of the Texas Historical Commission. VIII. FUNDING: The Parties acknowledge and agree that nothing in this agreement will be interpreted to create a future obligation or liability in excess of the funds currently appropriated to the agency by the Legislature of the State of Texas. In the event appropriated funds are not available to continue payments for work under this contract, the THC shall notify the Contractor as soon as reasonably possible, and THC may terminate the contract at that time or such other date as loss of appropriated funds may require. To the extent funds are available the Contractor shall be paid for work cotnpleted prior to the date of notice of termination. The THC shall not be liable for any damages or any other amounts which are caused by or associated with such termination. THE UNDERSIGNED PARTIES BIND THEMSELVES TO THE FAITHFUL PERFORMANCE -OF THIS CONTRACT. Contractor dt& c., ievs, Ronald L. Olson, City Manager 1-1(t2-11( Date Date RICK PERRY, GOVERNOR • JON T. HANSEN, CHAIRMAN • MARK WOLFE, EXECUTIVE DIRECTOR P O. BOX 12276 • AUSTIN. TEXAS -• 73711-2276 • P 512.163.6100 • F 512.475,4872 • TDD 1 310.7:15 258R) • vorvw tier. �t �t� tx its Texas Historical Commission Executive Direct r CONCUR: Rick Stryker, Director Corpus Christi Museum of Science and History APPROVED AS TO FORM Thrash [ant Attorney General DATE: 5/ / 11 Page 2 of 2 808-10-018 Amendment #2 es. 22 PtUTIiORI4. D BY €2/11... SEClitTANY N.l.lm. a DATE: '7 2-t. ( COPY OF CONTRACT #808-10-0018 TEXAS HISTORICAL C01,-`1M15.-.S.101 real ��h�..�r r: °.'1 ?7:� rcrf 1 ; CONTRACT #808 -10 -0018 STATE OF TEXAS COUNTY OF TRAVIS INTERAGENCY COOPERATION CONTRACT THIS CONTRACT is entered into by and bctwccn the State agencies shown below as Contracting Parties, pursuant to the authority granted and hi compliance with the prov isions of The Interagency Cooperation Act, Texas Government Code, Section 771.001 et sect. I. Contracting Parties: The Performing Agency: Corpus Christi Museum of Science and History 1900 North Chaparral Street Corpus Christi, Texas 78401 The Receiving Agency:Texas Historical Commission Archeology Division P.O. Box 12276 Austin, TX 78711 -2276 II. Statement of Services to be Performed: The performing agency shall conduct a complete re- inventory of the La Belle artifact collections held at the Corpus Christi Museum of Science and History that will result in a complete and accurate count of the artifacts and a revised artifact database. The scope of those services are more fully set forth in the document titled, Statement of Services to be Performed, attached hereto as "Exhibit A." III. Representation: The person or persons performing this contract do not represent the Receiving Agency. The person or persons performing this contract may not represent themselves to the public that he or she acts on behalf of the Receiving Agency. IV. Contract Amount: The total amount of this Contract will not exceed $30,000 (THIRTY THOUSAND DOLLARS AND NO /100). V. Payment for Services: The Receiving Agency shall pay for services received based upon interagency transfer vouchers electronically submitted to the Receiving Agency by the Performing Agency monthly for services provided by, the Performing Agency. Payments received by the Performing Agency shall be credited to its current appropriation item(s) or account(s) from which the expenditures of that character were originally made. RICK PERRY, GOVERNOR • JON T. HANSE , CHA!RIVIA ! • MARI: W'OLFE, EXECUTIVE DIRECTOR F.O. BOY, 12275 • AUSTIN, TEXAS • 78711-2276 • P 512.463.6100 • F 512.475.4872 • TI3D 1.800.735.2989 • wva-,.ihc.siate.tx.tts 808 10-0018 1'a 2 of -1 VI, Term of Contract: This contact shall begin on january -1, 2010, after being signed by Receiving Agency, after first having been signed by Performing Agency, and will terminate on Decernbcr 31, 2010. Upon 30 days prior notice, Receiving Agency may elect to cancel this contract at any time. The parties may modify this contract by mutual written agreement. This contract may be extended for up to one year at the option of the Texas Historical Commission. VII. Nondisclosure Agreement It is agreed by both parties to this Agreement that any confidentiality limitations are subject to the Public Information Act under Texas Government Code Chp. 552. Because of the nature of the archaeological information about specific site locations that the Performing Agency may obtain, including all information gathered, produced, derived, reviewed, analyzed, or controlled by Performing Agency in providing services under this Contract, the Performing Agency agrees that it will not divulge any information unless the Receiving Agency has given its express, prior, written consent to such disclosure, which consent must specifically identify the information that can be disclosed by the Performing Agency. The Performing Agency acknowledges that it is entering into a Nondisclosure Agreement with the Receiving Agency, and the Performing Agency further acknowledges the restrictions and obligations imposed there under. The foregoing shall not prohibit or limit Performing Agency's use of information (including, but not limited to, ideas, concepts, know -how, techniques, methodologies, conservation methodologies, and analyses) (a) previously known to it, (b) independently developed by it, or acquired by it from a third party, or (d) that is or becomes part of the public domain through no breach by the Performing Agency of this Agreement. All records, files, color slides, negatives, digital images, computer files, and reports will be turned over to the Texas Historical Commission, The Performing Agency is authorized to make duplicate copies of relevant slides, negatives, reports, and computer files for educational purposes. THE UNDERSIGNED CONTRACTING PARTIES do hereby certify that, (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the effected agencies of State Government; (2) the proposed arrangements serve the interest of efficient and economical administration of State Government; and (3) the services, supplies, or materials contracted for arc not required by Section 21 of Article 16 of the Texas Constitution to be supplied under contract given to the lowest responsible bidder. a i;.]u- 1F.. 3 rr -1 RECEIVING AGENCY further certifies that it has the authority to contract for the above services by authority granted in Texas Government Code sec 442.005, the interagency Cooperation Act, Texas Government Code, sec 771.001, et seq., and the current General Appropriations Act. PERFORMING AGENCY further certifies that it has the authority to perform the services contracted by authority granted in Chapter 82, Texas Education Code, the Interagency Cooperation Act, Texas Government Code, sec. 779.001, et seq., and the current General Appropriations Act. PERFORMING AGENCY City of Cotus Christi By: —IE - ,e#C1 AeI R, Escobar City Manager Date 1 l Ilq RECEIVING AGENCY Texas I- iistorical Commission By: F, Mark Wolfe, Executive Dir ctor Date: APPROVED AS TO LEGAL FORM J- .---- iurash, Assistant Attorney General Date: CONCUR: G`" Rick Stryker, Director Museum of Science and History _ 5iuTlIMIZED 5Y COUVCIL SECRETARY W.1 13 rair -li. 3,37 Assistant%ityA-ttrrrney Date: Contract Amendment 808 -10 -0018 Page 3 of 4 EXHIBIT A Statement of Services to be Performed The Performing Agency shall perform those services as outlined below. 1. Re- inventory collections held at CCM. Based on an updated specimen inventory provided by the THC, a methodical and comprehensive re- inventory of the collections held at CCM is expected that will provide a complete and accurate count of the artifacts in database format. This entails ensuring that each artifact(s) held in the collection correlates with an artifact(s) described in the database. Additionally, counts provided in the existing databases are to be checked against the actual number of artifacts maintained in the collections. This may involve the splitting of groups of artifacts held in common bags into individual items as necessary. If discrepancies are noted in the course of the re- inventory a record will be made using standardized forms provided by the THC. If the problem cannot be resolved by the Performing Agency a record is requested and the issue will be resolved in collaboration with THC personnel. 2. Replace existing artifact tags with tags provided by THC. These tags are to be placed with their accompanying artifact(s) and enclosed within a sealable 2 -mil poly- bag (to be provided by THC). 3. Repackage artifacts as necessary. This entails placing artifacts in appropriate acid -free containers or 4 -mill poly -bags within the appropriate cabinets. 4. Label all pertinent artifacts using the following general parameters and record in provided database the labeling status of artifacts within the collection. All artifacts larger than a quarter and not made of wood or other easily damaged material (i.e. textiles or organic samples) should be labeled using acid free archival ink (black or white as appropriate) placed between layers of acryloid B -72 or printed archival labels applied between layers of acryloid B -72. Labels should include the site trinomial (41MG86) and the full Artifact Identification number; if necessary, only the artifact identification number may be applied. Example: 41MG86 778 -1.7 5. Identify objects in need of conservation treatment. During the course of the re- inventory, condition reports should be prepared for artifacts appearing to be in need of conservation treatment. 6. Update a copy of the provided database with correct information regularly throughout the course of work. 7. Work with City and State personnel to preserve and protect the Li.i Belle collection's physical integrity. 8. Write chapters for the forthcoming technical volume on the following subjects: the firebricks and galley, spatial distribution and stowage. This includes a review of archaeological evidence as well as research into historical sources. Contract Amendment 808-10.0018 Page 4of4 9. Create drawings and illustrations for the aforementioned chapters. 10. Edit all chapters for the La Belle technical volume, making notes for the authors. 11. Directly supervise volunteers who are assisting in the re- labelling and re- bagging process. 12. Communicate with members of the public about the La Belle collection at the Corpus Christi Museum, answering public inquiries regarding items. 13. $2,500 of the budget is set aside for travel to Austin when needed. 14. Provide monthly progress reports consisting of the updated database file and copies of condition reports including photographs of artifacts that appear to be in need of conservation treatment. Resolution Authorizing the City Manager or designee to execute 3rd amendment to the interagency cooperation contract with the Texas Historical Commission which extends the term of the contract through December 31, 2013 and modifies the services to be performed Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas Section 1. That the City Manager or designee is authorized to execute 3rd Amendment to the Interagency Cooperation Contract with the Texas Historical Commission THC which extends the term of the contract through December 31, 2013 and modifies the services to be performed. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM Future Item for the City Council Meeting of Sep. 11, 2012 Action Item for the City Council Meeting of Sep 18, 2012 DATE: 8/10/12 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3932 Application for a Hazardous Materials Emergency Preparedness Planning Grant for the City of Corpus Christi /Nueces County LEPC Program year 2012 -2013 CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $65,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2013 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safety and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right -to Know Act of 1986, with a hard match of $13,000; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. PURPOSE: The data and analysis will be used to enhance emergency plans and response procedures for emergencies involving transportation of hazardous materials and fixed site storage. BACKGROUND AND FINDINGS: The Corpus Christi /Nueces County LEPC recently completed a Commodity Flow Study to assess hazardous materials transported throughout the County including our three hazardous materials highways (IH37, US77 and US181), major rail carriers and hundreds of miles of pipelines. The study yielded 400 facilities with approximately 2,500 stored chemical substances. The proposed study will use the comprehensive commodity flow and facility data to complete a detailed risk analysis of at -risk transportation activities and industrial facilities throughout Nueces County and neighboring jurisdictions that may have an adverse impact on the public safety /health of Nueces County residents, visitors and its workforce. ALTERNATIVES: If we don't apply and receive the grant, we will have limited information to prepare plans and train for hazardous material incidences. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Resolution to submit grant application. EMERGENCY / NON - EMERGENCY: This is a Non - Emergency, non - controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 0 0 BALANCE 0 0 0 0 Fund(s): Comments: The FY 2012 -2013 LEPC Budget is $97,400.00. This budget can absorb the 20% match of $13,000.00. The City of Corpus Christi /Nueces County LEPC had approved a motion to apply for this grant. RECOMMENDATION: Council approval of Resolution to submit grant application. LIST OF SUPPORTING DOCUMENTS: Grant Application Resolution RESOLUTION Authorizing the City Manager, or designee, to submit a grant application in the amount of $65,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2013 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safety and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right -to Know Act of 1986, with a hard match of $13,000; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $65,500 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2013 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safety and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and community Right -to Know Act of 1986, with a hard match of $13,000. Section 2. The City Manager, or designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety, Governor's Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 2 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2012 Action Item for the City Council Meeting of September 18, 2012 DATE: August 14, 2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361- 826 -7203 Texas Beach Watch Contract CAPTION: Resolution approving a service agreement between the Corpus Christi - Nueces County Public Health District ( "Health District ") and the Texas General Land Office to enable the Health District to provide beach water sampling in Nueces, Aransas, and San Patricio counties under the Texas Beach Watch Program; and ratifying approval of the agreement as of September 1, 2012. PURPOSE: The Texas Beach Watch Contract allows the Health District Laboratory division to collect and analyze water samples, notify public of beach water quality and to recommend and /or issue, water quality advisories when warranted. BACKGROUND AND FINDINGS: The Corpus Christi - Nueces County Public Health District is in receipt of Contract No. 13- 056 - 000 -6979 with the Texas General Land Office (GLO) to collect and analyze recreational beach water samples. The contract provides the Health District with financial assistance for expenses to support collection and analysis of recreational beach water samples for the GLO Texas Beach Watch Program. The contract period is from September 1, 2012 through August 31, 2013. Contract was also submitted to Nueces County Commissioners Court. ALTERNATIVES: Discontinue analyzing recreational beach water samples that would result in individuals within the community being unaware of contaminated water after heavy rain. The GLO is required by the State to analyze these waters. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required EMERGENCY / NON-EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: City Legal; County Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Reimbursements will be submitted through the Nueces County coffers for the Health District, due to jurisdictional issues. RECOMMENDATION: Accept contract as written LIST OF SUPPORTING DOCUMENTS: Resolution Page 1 of 2 Resolution approving a service agreement between the Corpus Christi - Nueces County Public Health District ( "Health District ") and the Texas General Land Office to enable the Health District to provide beach water sampling in Nueces, Aransas, and San Patricio counties under the Texas Beach Watch Program; and ratifying approval of the agreement as of September 1, 2012. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. A service agreement between the Corpus Christi - Nueces County Public Health District ( "Health District ") and the Texas General Land Office is approved by the City of Corpus Christi, as a member of the Health District, to enable the Health District to provide beach water sampling in Nueces, Aransas, and San Patricio counties under the Texas Beach Watch Program. Additionally, the City Council ratifies approval of the agreement as of September 1, 2012. A copy of the agreement is on file with the City Secretary's Office. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Page 2of2 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott WATER SAMPLING SERVICES CONTRACT GLO Contract No. 13-056-000-6979 THE GENERAL LAND OFFICE (the "GLO") and the CORPUS CHRISTI — NUECES COUNTY PUBLIC HEALTH DISTRICT, Tax Identification Number 17460005741 ("Provider"), enter into the following contract for environmental water sampling services (the "Contract") in accordance with the provisions of "Interlocal Cooperation Contracts," Chapter 791 of the Texas Government Code. I. DEFINITIONS / INTERPRETIVE PROVISIONS / PROJECT DESCRIPTION 1.01 DEFINITIONS "Administrative and Audit Regulations" means the statutes and regulations included in Title 43, Code of Federal Regulations; Chapter 321 of the Government Code; Subchapter F of Chapter 2155 of the Government Code; and the requirements of Article VII herein. With regard to any federal funding, agencies with the necessary legal authority include: the relevant federal agency, the Comptroller General, the General Accounting Office, the Office of Inspector General, and any of their authorized representatives. In addition, state agencies with the necessary legal authority include: the GLO, the GLO' s contracted examiners, the State Auditor's Office, and the Texas Attorney General's Office. "Attachment" means documents, terms, conditions, or additional information physically added to this Contract following the execution page or included by reference, as if physically, within the body of this Contract. "Contract" means this entire document, along with any Attachments, both physical and incorporated by reference. "Deliverables" means any report, data, document, photograph, or other submission required to be delivered under the terms of this Contract, in whatever form. "Federal Assurances" means Standard Form 424B (Rev. 7-97), as prescribed by OMB Circular A-102 (non-construction projects); or Standard Form 424D (Rev. 7-97), as prescribed by OMB Circular A-102 (construction projects), in Attachment B, attached hereto and incorporated herein for all purposes. "Federal Certifications" means U.S. Department of Commerce Form CD-512 (12- 04), "Certifications Regarding Lobbying — Lower Tier Covered Transactions," also in Attachment B, attached hereto and incorporated herein for all purposes. "Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "GAAP" means "generally accepted accounting principles." GLO Contract No. 13-056-000-6979 Page 1 of 15 "GASB" means the Governmental Accounting Standards Board. "General Affirmations" means the statements in Attachment D, attached hereto and incorporated herein for all purposes, which Provider affirms by executing this Contract. "GLO" means the Texas General Land Office, its officers, employees, and designees. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Mentor Protege" means the Comptroller of Public Accounts' leadership program found at: http ://www.window. state. tx.us/procurement/prog/hub/mentorprotege/ "Project" means the water sampling services, described in SECTION 1.03 of this Contract; and further detailed in the Work Plan and the QAPP. "Prompt Pay Act" means Chapter 2251, Subtitle F of Title 10 of the Texas Government Code. "Provider" means the Corpus Christi — Nueces County Public Health District, selected to accomplish the Project under this Contract. "Public Information Act" means Chapter 552 of the Texas Government Code. "QAPP" means the Quality Assurance Project Plan which may be accessed at http://gisweb.glo.texas.gov/Beachwatch/docs/qapp2012.pdf, to which the services under this Contract must conform. "State of Texas Textravel" means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. "Subcontractor" means an individual or business that signs a contract to perform part or all of the obligations of Provider under this Contract. "Work Plan" means the detailed description of services authorized under this Contract. 1.02 INTERPRETIVE PROVISIONS (a) The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms; (b) The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, attachment, work order, or schedule of this Contract unless otherwise specified; (c) The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent amendments and other modifications thereto, but only to the extent that such amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as GLO Contract No. 13-056-000-6979 Page 2 of 15 including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; (d) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract; (e) All attachments within this Contract, including those incorporated by reference, and any amendments are considered part of the terms of this Contract; (f) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each shall be performed in accordance with its terms; Unless otherwise expressly provided, reference to any action of the GLO or by the GLO by way of consent, approval, or waiver shall be deemed modified by the phrase "in its/their sole discretion." Notwithstanding the preceding sentence, any approval, consent, or waiver required by, or requested of, the GLO shall not be unreasonably withheld or delayed; (h) Time is of the essence in this Contract. (g) 1.03 PROJECT Provider shall perform, or cause to be performed the environmental water sampling services in Aransas, Nueces, and San Patricio Counties, Texas, as described in detail in the Work Plan in Attachment A, attached hereto and incorporated herein for all purposes in its entirety (the "Project"). The Project must be performed in accordance with this Contract, the Work Plan, and the Quality Assurance Project Plan, incorporated herein in its entirety by reference for all purposes, and accessible at: http ://gisweb.glo .texas gov/Beachwatch/docs/qapp20 12 .pdf. 1.04 REPORTING REQUIREMENTS Provider shall work closely with the GLO Beach Watch Coordinator, GLO Coastal Resources Division, to provide all required reports, documentation, and information required under the Work Plan and the QAPP, in the frequency required and in the format(s) agreed between the parties. The Field Observation Form included in Attachment A, or an alternate format form including all infoimation on the Field Observation Form, must be used for reporting samples. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 13-056-000-6979 Page 3 of 15 II. TERM 2.01 DURATION This Contract shall be effective as of September 1, 2012, and shall terminate on August 31, 2013. The GLO, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both parties. If renewed, all renewals shall be from September 1 and end on August 31, always coinciding with the State's fiscal year. 2.02 EARLY TERMINATION The GLO may terminate this Contract by giving written notice specifying a termination date at least thirty (30) days subsequent to the date of the notice. Upon receipt of any such notice, Provider shall cease work, undertake to terminate any relevant subcontracts, and incur no further expense related to this Contract. Such early termination shall be subject to the equitable settlement of the respective interests of the parties, accrued up to the date of termination. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 13-056-000-6979 Page 4 of 15 III. CONSIDERATION 3.01 CONTRACT LIMIT, FEES, AND EXPENSES Provider will be compensated in accordance with the fees and expenses negotiated separately for the Sampling Schedule in Attachment A, in an aggregate amount not to exceed NINETY-EIGHT THOUSAND ONE HUNDRED SIXTY DOLLARS ($98,160.00), which includes reimbursement for pre-approved equipment and travel related expenses. The limit for travel reimbursements shall be the rates established by the Comptroller of the State of Texas, as outlined in the State of Texas travel guidelines, Textravel. The GLO agrees to pay Provider in accordance with The Prompt Pay Act. Requests for payment must be supported by documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred, and which prominently displays "GLO Contract No. 13-056-000-6979." Failure to include this information may significantly delay payment under the Contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 13-056-000-6979 Page 5 of 15 IV. PROVIDER'S WARRANTY, AFFIRMATIONS, AND ASSURANCES 4.01 PERFORMANCE WARRANTY Provider warrants that all services performed under this Contract will be performed in a manner consistent with a degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Provider warrants that all work product ("Deliverables") under this Contract shall be completed in a manner consistent with standards in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the incorporated Attachments (if any); and shall be fit for ordinary use, of good quality, and with no material defects. If Provider fails to provide Deliverables timely or to perform satisfactorily under conditions required by this Contract, the GLO may require Provider, at its sole expense, to (a) repair or replace all defective or damaged Deliverables; (b) refund any payment received for all defective or damaged Deliverables and, in conjunction therewith, require Provider to accept the return of such Deliverables; and/or (c) take necessary action to ensure that future performance and Deliverables conform to the Contract requirements. 4.02 GENERAL AFFIRMATIONS To the extent that they are applicable, Provider further certifies that the General Affirmations in Attachment D have been reviewed, and that Provider is in compliance with each of the requirements reflected therein. 4.03 FEDERAL ASSURANCES To the extent that they are applicable, Provider further certifies that the Federal Assurances in Attachment B, have been reviewed, and that Provider is in compliance with each of the requirements reflected therein. 4.04 FEDERAL CERTIFICATIONS To the extent that they are applicable, Provider further certifies that the Federal Certifications in Attachment B have been reviewed, and that Provider is in compliance with each of the requirements reflected therein. In addition, Provider certifies that it is in compliance with any other applicable federal laws, rules, or regulations, as it may pertain to this Contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 13-056-000-6979 Page 6 of 15 V. STATE AND FEDERAL FUNDING 5.01 STATE FUNDING (a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article VII, Section 6 of the Texas Constitution, it is understood that all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. (b) Furthermore, any claim by Provider for damages under this Contract may not exceed the amount of funds appropriated for payment, but not yet paid to Provider, under the annual budget in effect at the time of the breach. Nothing in this provision shall be construed as a waiver of sovereign immunity. 5.02 RECAPTURE OF FUNDS Provider shall conduct, in a satisfactory manner as determined by the GLO, the Project as set forth in the Contract and all Attachments, whether incorporated physically or by reference. The discretionary right of the GLO to terminate for convenience under SECTION 2.02 notwithstanding, it is expressly understood and agreed by Provider that the GLO shall have the right to terminate the Contract and to recapture, and be reimbursed for any payments (i) made by the GLO that exceed the maximum allowable rates; (ii) that are not allowed under applicable laws, rules, and regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. 5.03 OVERPAYMENT Provider understands and agrees that it shall be liable to the GLO for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Provider further understands and agrees that reimbursement of such disallowed costs shall be paid by Provider from funds which were not provided or otherwise made available to Provider under this Contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 13-056-000-6979 Page 7 of 15 VI. OWNERSHIP 6.01 OWNERSHIP AND THIRD PARTY RELIANCE (a) The GLO shall own, and Provider hereby assigns to the GLO, all right, title, and interest in all services to be performed; all goods to be delivered; and/or all other related work product prepared, or in the course of preparation, by Provider (or its subcontractors) pursuant to this Contract, together with all related worldwide intellectual property rights of any kind or character (collectively, the "Work Product"). Under no circumstance will any license fee, royalty, or other consideration not specified in this Contract be due to Provider for the assignment of the Work Product to the GLO or for the GLO's use and quiet enjoyment of the Work Product in perpetuity. Provider shall promptly submit all Work Product to the GLO upon request or upon completion, termination, or cancellation of this Contract for any reason, including all copies in any form or medium. (b) Provider and the GLO shall not use, willingly allow, or cause such Work Product to be used for any purpose other than performance of Provider's obligations under this Contract without the prior written consent of either party. Work Product is for the exclusive use and benefit of, and may be relied upon only by the parties. Prior to distributing any Work Product to any third party, the parties shall advise such third parties that if it relies upon or uses such Work Product, it does so entirely at its own risk without liability to Provider or the GLO. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 13-056-000-6979 Page 8 of 15 VII. RECORDS, AUDIT, PROPRIETARY INFORMATION AND PUBLIC DISCLOSURE 7.01 BOOKS AND RECORDS Provider shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. 7.02 INSPECTION AND AUDIT (a) Provider agrees that all relevant records related to this Contract and any Work Product produced in relation to this Contract, including the records and Work Product of its Subcontractors, shall be subject to the Administrative and Audit Regulations. Accordingly, such records and Work Product shall be subject, at any time, to inspection, examination, audit, and copying at any location where such records and Work Product may be found, with or without notice from the GLO or other government entity with necessary legal authority. Provider agrees to cooperate fully with any federal or state entity in the conduct of inspection, examination, audit, and copying, including providing all information requested. Provider will ensure that this clause concerning federal and state entities' authority to inspect, examine, audit, and copy records and Work Product, and the requirement to fully cooperate with the federal and state entities, is included in any subcontract it awards. (b) Provider understands that acceptance of state funds under this Contract acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Provider further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Provider will ensure that this clause concerning the State Auditor's Office's authority to audit state funds and the requirement to fully cooperate with the State Auditor's Office is included in any subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Provider relating to the Contract for any purpose. The Comptroller General, the General Accounting Office, the Office of Inspector General, or any authorized representative of the U.S. Government shall also have this right of inspection. PROVIDER SHALL ENSURE THAT ALL SUBCONTRACTS AWARDED REFLECT THE REQUIREMENTS OF THIS SECTION 7.02, AND THE REQUIREMENT TO COOPERATE. GLO Contract No. 13-056-000-6979 Page 9 of 15 7.03 PERIOD OF RETENTION All records relevant to this Contract shall be retained for a minimum of five (5) years, or as required by federal regulations application to the Project, if any. The period of retention begins at the date of payment by the GLO for the goods or services or from the date of termination of the Contract, whichever is later. The period of retention shall be extended for a period reasonably necessary to complete an audit and/or to complete any administrative proceeding or litigation that may ensue. 7.04 CONFIDENTIALITY To the extent permitted by law, Provider and the GLO agree to keep all information confidential, in whatever form produced, prepared, observed, or received by Provider or the GLO to the extent that such information is: (a) confidential by law; (b) marked or designated "confidential" (or words to that effect) by Provider or the GLO; or (c) information that Provider or the GLO is otherwise required to keep confidential by this Contract. Furthermore, Provider will not advertise that it is doing business with the GLO, use this Contract as a marketing or sales tool, or make any press releases concerning work under this Contract without the prior written consent of the GLO. 7.05 PUBLIC RECORDS Pursuant to the Public Information Act, records received from Provider may be open to public inspection and copying. The GLO will have the duty to disclose such records, unless a particular record is made confidential by law or excepted from the Act. Provider may clearly label any individual records as a "trade secret," provided that Provider thereby agrees to indemnify and defend the GLO for honoring such designation. The failure to so label any record shall constitute a complete waiver of any and all claims for damages caused by release of the records. If a request for a labeled record is received by the GLO, the GLO will notify Provider of the request in accordance with the Public Information Act. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 13-056-000-6979 Page 10 of 15 VIII. MISCELLANEOUS PROVISIONS 8.01 INSURANCE This paragraph intentionally left blank. 8.02 LEGAL OBLIGATIONS Provider shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Provider to provide the goods or services required by this Contract. Provider will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Provider agrees to be responsible for payment of any such government obligations not paid by its subcontractors during performance of this Contract. 8.03 INDEMNITY PROVIDER AGREES TO INDEMNIFY AND HOLD THE GLO HARMLESS, TO THE FULL EXTENT PERMITTED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING FROM THE NEGLIGENT ACTS OR OMISSIONS OF PROVIDER, ITS EMPLOYEES OR AGENTS IN CONNECTION WITH THE PERFORMANCE OF SERVICES OR WORK BY PROVIDER OR ITS SUBCONTRACTORS UNDER THIS CONTRACT. THE PROVISIONS OF THIS SECTION 8.03 SHALL SURVIVE TERMINATION OF THIS CONTRACT. THIS SECTION 8.03 SHALL NOT BE CONSTRUED AS VIOLATING THE PROVISIONS OF ARTICLE III, SECTION 52 OF THE TEXAS CONSTITUTION. 8.04 ASSIGNMENT AND SUBCONTRACTS Provider shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract without the prior written consent of the GLO. Notwithstanding this provision, it is mutually understood and agreed that Provider may subcontract with others for some or all of the services to be performed. In any approved subcontracts, Provider shall legally bind such subcontractor to perform and make such subcontractor subject to all the duties, requirements, and obligations of Provider as specified in this Contract. Nothing in this Contract shall be construed to relieve Provider of the responsibility for ensuring that the goods delivered and/or the services rendered by Provider and/or any of its subcontractors comply with all the terms and provisions of this Contract. Provider will provide written notification to the GLO of any such subcontractor performing fifteen percent (15 %) or more of the work under this Contract, including the name and taxpayer identification number of subcontractor, the task(s) being performed, and the number of subcontractor employees expected to work on the task. GLO Contract No. 13- 056- 000 -6979 Page 11 of 15 8.05 HISTORICALLY UNDERUTILIZED BUSINESSES (HUBs) / MENTOR PROTEGE (a) In accordance with State law, it is the GLO' s policy to assist HUBs whenever possible, to participate in providing goods and services to the agency. The GLO encourages those parties with whom it contracts for the provision of goods and services to adhere to this same philosophy in selecting subcontractors to assist in fulfilling their obligations with the GLO. In addition to information required by this Contract, the contracting party will provide the procurement department of the GLO with pertinent details of any participation by a HUB in fulfilling the duties and obligations arising hereunder. (b) The GLO encourages the parties it contracts with to partner with certified HUBs that participate in the Comptroller's Mentor Protege Program. 8.06 RELATIONSHIP OF THE PARTIES Provider is associated with the GLO only for the purposes and to the extent specified in this Contract, and, in respect to Provider's perfoiniance pursuant to this Contract, Provider is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal-agent, or to otherwise create for the GLO any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Provider or any other party. Provider shall be solely responsible for, and the GLO shall have no obligation with respect to: (a) withholding of income taxes, FICA, or any other taxes or fees; (b) industrial or workers' compensation insurance coverage; (c) participation in any group insurance plans available to employees of the State of Texas; (d) participation or contributions by the State to the State Employees Retirement System; (e) accumulation of vacation leave or sick leave; or (f) unemployment compensation coverage provided by the State. 8.07 COMPLIANCE WITH OTHER LAWS In the performance of this Contract, Provider shall comply with all applicable federal, state, and local laws, ordinances, and regulations. Provider shall make itself familiar with and at all times shall observe and comply with all federal, state, and local laws, ordinances, and regulations that in any manner affect performance under this Contract. Provider will be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. GLO Contract No. 13-056-000-6979 Page 12 of 15 8.08 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: GLO: Texas General Land Office 1700 N. Congress Avenue, Room 910 Austin, TX 78701 Attention: Legal Services Division With a copy to: Texas General Land Office 1700 N. Congress Avenue, 3rd Floor Coastal Resources Division Austin, TX 78701 Attention: Beach Watch Coordinator Provider Corpus Christi — Nueces County Public Health District 1702 Horne Road Corpus Christi, TX 78416 Attention: Gabriel Ramirez Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. Either party may change its address for notice by written notice to the other party as herein provided. 8.09 GOVERNING LAW AND VENUE This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Provider irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 8.10 SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist and the non-enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. GLO Contract No. 13-056-000-6979 Page 13 of 15 8.11 FORCE MAJEURE Except with respect to the obligation of payments under this Contract, if either of the parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected party's obligation to comply with such covenant shall be suspended, and the affected party shall not be liable for damages for failure to comply with such covenant. In any such event, the party claiming Force Majeure shall promptly notify the other party of the Force Majeure event in writing and, if possible, such notice shall set forth the extent and duration thereof. The party claiming Force Majeure shall exercise due diligence to prevent, eliminate, or overcome such Force Majeure event where it is possible to do so and shall resume performance at the earliest possible date. However, if non-performance continues for more than thirty (30) days, the GLO may terminate this Contract immediately upon written notification to Provider. 8.12 DISPUTE RESOLUTION If a contract dispute arises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the parties must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve the dispute. This provision shall not apply to any matter with respect to which either party may make a decision within its respective sole discretion. 8.13 ENTIRE CONTRACT AND MODIFICATION This Contract, its integrated attachment(s), and any purchase order issued in conjunction with this Contract constitute the entire agreement of the parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in such attachment(s) and/or purchase order shall be harmonized with this Contract to the extent possible. Unless such integrated attachment or purchase order specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language shall be construed consistently with the terms of this Contract. 8.14 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute but one and the same Contract. If the Contract is not executed by the GLO within thirty (30) days of execution by the other party, this Contract shall be null and void. GLO Contract No. 13-056-000-6979 Page 14 of 15 8.15 PROPER AUTHORITY Each party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. Provider acknowledges that this Contract is effective for the period of time specified in the Contract. Any services performed by Provider before this Contract is effective or after it ceases to be effective are performed at the sole risk of Provider. SIGNATURE PAGE FOLLOWS GLO Contract No. 13-056-000-6979 Page 15 of 15 SIGNATURE PAGE FOR GLO CONTRACT No. 13-056-000-6979 GENERAL LAND OFFICE CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT Larry L. Laine, Chief Clerk/ Deputy Land Commissioner Date of execution: LEGAL AGC GC ATTACHMENTS TO THIS CONTRACT: Name: Title: Date of execution: ATTACHMENT A — WORK PLAN AND SAMPLING SCHEDULE ATTACHMENT B — FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT C - QUALITY ASSURANCE PROJECT PLAN, INCORPORATED BY REFERENCE ATTACHMENT D — GENERAL AFFIRMATIONS ATTACHMENTS FOLLOW BEACH WATCH WO yr PLAN Attachment A GLO Contract No. 13-056-000-6979 Page 1 of 9 Aransas County, Nueces County, and San Patricio County September 1, 2012 to August 31, 2013 Introduction As the lead state agency charged with implementing the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act), the Texas General Land Office (GLO) will contract with Corpus Christi - Nueces County Public Health District (Local Contractor) to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue, water quality advisories when warranted. Beach Watch Coordinator L QUALITY ASSU Craig Davis Coastal Resources Division P. 0. Box 12873 Austin, Texas 78711-2873 (512) 463-8126 (512) 475-0680 - fax craig.davis@glo.texas.gov NCE PROJECT PLAN All monitoring data must be collected according to the EPA approved Quality Assurance Project Plan (QAPP). Local Contractors must adhere to the QAPP. The Project Manager is required to download and read the document and return the signature page (Appendix D on page 82 of the QAPP) to the GLO Beach Watch Coordinator. If any conflicts arise between this work plan and the QAPP, the requirements of the QAPP shall take precedence. The QAPP can be downloaded at www.texasbeachwatch.com or accessed directly at http://gisweb. glo .texas. gov/Beachwatch/docs/qapp2012 .pdf. II. SAMPLING STATIONS AND SCHEDULE All samples shall be collected in accordance with the Procedures for Local Contractors set forth below and the QAPP. Sampling Stations. The Local Contractor shall collect water samples from fixed sampling stations, depicted on the maps and station lists in Appendix C of the QAPP for Aransas County, Nueces County, and San Patricio County. The Local Contractor shall follow the attached Sampling Schedule (Exhibit 1 of this Work Plan) and shall conduct additional sampling as required in Section V of this Work Plan. Based upon the contract amount, approximately 144 samples in Aransas County, 1,836 samples in Nueces County and 36 samples in San Patricio County samples shall be collected by Corpus Christi - Nueces County Public Health District between September 1, 2012 and August 31, 2013. Sampling Depth. The Texas Beach Watch Program will sample at a depth of approximately two feet (-2 ft.) or knee depth. The two-foot sampling depth will apply unless: Attachment A GLO Contract No. 13-056-000-6979 Page 2 of 9 • The majority of recreational activity occurs at a depth significantly different than two feet. If this occurs samples may be collected at the location of greatest swimmer activity; or • The two-foot sampling depth occurs more than 50 meters from shore. If the two-foot sampling depth occurs more than 50 meters from the shore, samples may be collected at 50 meters from shore or at the location of greatest swimmer activity. The distance shall be measured from the approximate water line at the time of sampling. Sampling Schedule. Exhibit 1 lists the weeks when sampling will be conducted. Tuesday is the preferred sample collection day. Monday and Wednesday are alternate sample collection days. This schedule allows time for re-sampling to occur, before the next regular sampling period, when elevated bacteria levels are detected. Depending on the number of beaches and stations, local contractors may require several days to collect samples. Collection may occur over a three- day period; however, prior approval from the Beach Watch Coordinator is required. III. LABORATORY TESTING The Local Contractor will analyze water samples for Enterococci bacteria using Method 1600: Enterococci in Water by Membrane Filtration Using membrane-Enterococcus Indoxyl-$-D- Glucoside Agar (mEI) July 2006 (littp://■\ ww.c1:4eov/witerscicnce/rnethods/inetliodNoloizicalil 600.pd1) or the IDEXX EnterolertTM system. The local contractor or designated laboratory shall have a Quality Assurance/Quality Control (QA/QC) Plan. Upon execution of this Contract, the Local Contractor shall provide the GLO Beach Watch Coordinator with the name, address, phone and fax numbers, and point of contact (with e-mail) for the laboratory, if separate from the Local Contractor. Plans approved by other entities (state/federal/commercial) and adopted by the Local Contractor may be considered. Collection and analysis of samples shall not commence until GLO provides written notification to the Local Contractor that the QA/QC plan was received and approved. IV. SAMPLING PROCEDURES Equipment and Supplies. The following equipment and supplies will be necessary for the collection of water samples by the Local Contractor: • Insulated cooler for storage and transportation of the samples to the laboratory • Thermometer • Sample bottles — The bacteriological samples will be collected in polypropylene bottles at least 125 milliliters (m1) but no more than 1000 ml to allow for adequate sample mixing. Polypropylene bottles are recommended as they may he autoclaved and will keep sample costs down. • Ice packs to keep samples cool • Labels for sample bottles (Do not use paper or adhesive labels as these will rub off.) • Black indelible marker to label samples Attachment A GLO Contract No. 13-056-000-6979 Page 3 of 9 All paperwork including but not limited to Chain of Custody forms and Field observation forms (FOF) (Exhibit 2). The project manager may modify the FOF as long as all information is collected. Information collected on the FOF must be submitted electronically, once a month in a spreadsheet format supplied by the Beach Watch Coordinator. Sample Collection Training. Trained individuals shall perform the collection of samples. A brief description of the training of the individuals must be provided to the Beach Watch Coordinator. Sample Collection. One sample will be collected at each station. For every 10 stations sampled on any given day, a second sample must be collected at one of the stations as required by the QAPP. Samples shall be collected within arm's length of each other. Sample collection may be done side- by-side or concurrently. All water samples shall be collected as follows: Step-by-Step Procedures for local contractors From Appendix J of the National Beach Guidance and Performance Criteria for Recreational Waters (EPA-823-B-02-004) July 2002. 1. Identify the sampling site on a chain of custody tag, if required, or on the bottle label and on a field log sheet. 2. Remove the bottle covering and closure just before obtaining each sample and protect them from contamination. Be careful not to touch the inside of the bottle itself or the inside of the cover. 3. The first sample to be prepared is the trip blank (at least one per sampling day for routine sampling is recommended). Open one of the sampling bottles and fill it with 100 ml of sterile buffered dilution solution (see EPA Method 1103.1) when collecting freshwater, estuarine, or marine water samples. Cap the bottle and place it in a cooler. This trip blank will be used to verify that the samples have been maintained at the correct temperature for transportation. 4. To collect the surface water samples, carefully move to the first sampling location. If wading in the water, try to avoid kicking up bottom material at the sampling station. The sampler should be positioned downstream of any water current to take the sample from the incoming flow. Samples shall be collected in approximately two feet of water (—knee deep). 5. Open a sampling bottle and grasp it at the base with one hand and plunge the bottle mouth downward into the water to avoid introducing surface scum. Position the mouth of the bottle into the current away from the hand of the sampler. The sampling depth should be 15 to 30 centimeters (6 to 12 inches) below the water surface, depending on the depth from which the sample must be taken. If the waterbody is static, an artificial current can be created by moving the bottle horizontally with the direction of the bottle pointed away from the sampler. Tip the bottle slightly upward to allow air to exit and the bottle to fill. 6. Remove the bottle from the waterbody. 7. Pour out a small portion of the sample to allow an air space of 2.5 centimeters (1 to 2 inches) above each sample for proper mixing of the sample before analysis. [NOTE: Attachment A GLO Contract No. 13-056-000-6979 Page 4 of 9 If the bottle contains any debris or other contaminants or excessive sediment/sand', a new bottle must be used. Do not pour out the water sample and refill the bottle.] 8. Tightly close the stopper and label the bottle. 9. Enter specific details to identify the sample on a permanent label. [NOTE: It will save time to label and mark bottles before taking samples.] Take care in transcribing sampling information to the label. The label should be clean, waterproof, nonsmearing, and large enough for the necessary information. The label must be securely attached to the sample bottle but removable when necessary. Preprinting standard information on the label can save time in the field. The marking pen or other device must be nonsmearing and maintain a permanent legible mark. 10. Complete a field record for each sample to record the full details on sampling and other pertinent remarks, such as flooding, rain, or extreme temperature, that are relevant to interpretation of the results. This record also provides a back-up record of sample identification. 11. Place the samples in a suitable container and transport them to the laboratory as soon as possible. Adhering to sample preservation and holding time limits is critical to the production of valid data. Bacteriological samples should be iced or refrigerated at 1 to 4 °C during transit to the laboratory. Use insulated containers such as plastic or styrofoam coolers, if possible, to ensure proper maintenance of storage temperature. Take care to ensure that sample bottles are not totally immersed in water during transit or storage. Examine samples as soon as possible after collection. Do not hold samples longer than 6 hours between collection and initiation of analysis (EPA, 2000). Do not analyze samples that exceed holding time limits. 12. Collect water samples for analyses of other parameters in separate appropriate containers at the same time and perform analyses as specified in the particular methods. 13. After collecting samples from a station, wash hands and aims with alcohol wipes, a disinfectant lotion, or soap and water, and dry to reduce exposure to potentially harmful bacteria or other microorganisms. Labeling the Samples. Each sample bottle shall be labeled with the following info' illation: • Date and time of sample collection • Sampler's name • Sample letters and station number as identified in Appendix C of the QAPP (identify the first sample with the letter "A" after the station number, the second sample with the letter "B" and so forth) Delivery of Samples to the Laboratory. Upon completion of sample collection, the samples must be delivered to the designated laboratory for testing within 6 (six) hours. During transport to the laboratory, all samples must remain in a cooler packed in ice. If necessary, additional ice packs may be added during the course of the sampling day. Excessive sand or sediment will clog the filtration process and prevent bacteria colonies from growing. It will be up to the sampler to determine what is considered excessive based on his or her own experience. Attachment A GLO Contract No. 13-056-000-6979 Page 5 of 9 Sampling Documentation. A FOF must be completed for each station. Multiple stations may be included on a single FOF if all the data is the same. A copy of a completed FOF must be provided to the designated laboratory (if different than the Local Contractor). The Local Contractor shall retain all FOFs. Data from the FOFs must be submitted electronically, once a month, in a spreadsheet format supplied by the Beach Watch Coordinator. Other indicators to be noted on the FOF shall include: • Dead fish, birds, or other animals on beach • Submerged debris in water (old bulkheads, barges, posts etc.) • Submerged debris on beach (old bulkheads, slabs, etc.) • Glass and other debris • Tar balls • Longshore current (speed and direction) V. PUBLIC NOTICE/ISSUING ADVISORIES Determining Bacteria Levels. One sample will be collected at each station and will be used to determine when an advisory shall be recommended. Where two samples are collected at a station as required in the QAPP for QA/QC purposes, the average of the two samples shall be used. Recommending/Issuing Advisories. If the average of the one (or two) samples exceeds the Single Sample Maximum Density value of 104 cfu/100m1, an advisory shall be recommended to the local government contact(s). Sampling shall continue daily until the values are back below the standard. This includes weekends and summer holidays. Public Advisory. If the Local Contractor is a local government, the local government will be responsible for issuing a public advisory and advisory signs must be posted. Failure to post the signs will result in immediate termination of the contract. If the Local Contractor is not a local government, the GLO will notify the local government. The Local Contractor may post the advisories signs if authorized by the local government. VI. DELIVE . , BLES The Local Contractor through the Beach Watch Program's data entry website must submit sampling results. Data must be entered into the website within two hours of receiving the results. Only extenuating circumstances such as power outage or Internet connectivity problems will preclude this requirement. If extenuating circumstances occur that preclude entering the data within two hours, the Local Contractor shall notify the Beach Watch Coordinator by any means possible. Attachment A GLO Contract No, 13- 056- 000 -6979 Page 6 01-'9 EXHIBIT 1 Sampling Schedule Sampling Schedule September 1, 2012 through August 31, 2013 Sumple Week | Sample | Even t# 9/4/2012 Yes | 1 Yes 2 9/11/2012 9/18/2012 Yes | 3 Yes 4 9/25/2012 ' — 10/2/2012 10/16/2012 10/23/2012 10/30/2012 I 11/6/2012 11/13/2012 11/20/2012 | 12/4/2012 12/11/2012 No Yes No Yes 6 No Yes No Yes No Yes 9 No 12/18/2012 No 12/25/2012 ! No 1/1/2013 | No 1/8/2013 Yes ! 10 < 1/15/2013 No | 1/22/2013 Yes 11 No l/29/20l2 2/5/2013 Yes 12 2/12/2013 No 2/19/2013 Yes ! 13 2/26/2013 No \ � Attachment A GLO Contract No. 13-056-000-6979 Page 7 of 9 Sample Week 3/5/2013 3/12/2013 3/19/2013 3/26/2013 Sample Yes Yes Gulf Beaches Only Event # 14 15 Yes 16 4/2/2013 4/9/2013 4/16/2013 4/23/2013 4/30/2013 5/7/2013 5/14/2013 5/21/2013 5/28/2013 6/4/2013 6/)l/20l3 6/18/2013 6/25/2013 7/2/2013 7/9/2013 7/16/2013 7/23/2013 7/30/2013 8/6/2013 8/13/2013 8/20/2013 8/27/2013 Yes Gulf Beaches Only No 17 Yes No Yes No 19 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Attachment A GLO.Contract No, 13-056-000-6979 Page 8 of 9 EXHIBIT 2 Field Observation Form Attachment A GLO Contract No. 13-056-000-6979 Page 9 of 9 Field Observation Form This fonn may be changed to suit the needs of the Project Manager as long as all relevant data is collected. Date: Sampler's Name: Beach Name: Station Numbers: Finish: Time Samples Collected: Start: Time Samples Delivered to Lab: Site Conditions Wind: Calm Slight Breeze Moderate Breeze Windy Weather: Clear Partly Cloudy Overcast Rainy Drizzle_ Fog_ Wind Direction: N NE E SE S SW W NW Air Temperature: Water Temperature: Rainfall: Weekly Accumulation in. Last 24 hours: Tidal Stage: Flooding High Slack Ebbing Low Slack Water Surface: Calm Ripples Chop Swells Water Color: Medium Brown Dk. Brown Red-Brown Green-Brown Green Yellow-Brown Other Smell: Sewage Oily Fishy Rotten Egg None Beach Debris: Dead Fish Dead Crabs Algae None Other General Comments: Attachment B Federal Assurances Page 1 of 5 OMB Approval No. 0348-0040 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instmcUono , searching existing data sources, gathering and maintaining the data nooded , and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspec of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be appflcable to your project or program. If you have quoaUuno, please contac the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, 1 certify that the applicant: 1. Has the legal authority to apply for Federa assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planriing, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and. if appropriate, the Gtate, through any authorized nepnaoon\uiive, access to and the right to examine all veoordo, bookn, popora, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame afte receipt of approval of the awarding agency. 5. WIlI cornply with the Intergovernmental Personnel Act of 1970 (42 U.G.C. §§4728-4783) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) whlch prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681' 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794, which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101'6107). which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255). as amnndod, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1870 (P.L 81'615). as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of1812 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Ac of 1908 (42 U.O.O. §§3801 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the speciflc statue(s) under which application for Federal assistance is being made; and. (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles U and U| of the Uniform Relocation Assistance and Real Property Acquisition Policies Ac of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will oomply, as epplioaNn, with provisions of the Hatch Act (5 U.S.C. §O1501'1508 and 7324'7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form ��(R�7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 9. Will comply, ao applicable, with the provisions nf the Davis- Bacon Au (40 U.S.C. §§270eto270a-7). the Copeland Act (40 U.G.C. §276c and 18 U.G.C. §874), and the Contract Work Hours and Safety Standards Ac (40 U.G.C. §0327' 333). regarding labor standards for federally-assisted oonotruot/onsubagroemonto. 10. Will comply, if apphcable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality contro measures under the National Environmental Policy Act of 1969 (P.L. 81-100) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11900; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.G.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1074, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 98' 205). Attachment B Federal Assurances Page 2 of 5 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 100 of the National Historic Preservation Act of 1966. as amended (16 U.G.C. §470). EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§460o'1etooql 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Anima Welfare Ac of 1966 (P.L. 88-544, as amended, 7 U.S.C. §52131 et seq.) pertaining to the care, handling, and treatment of warm blooded animais held for research, teaching, or other activities supported by this award of assistance. 16, Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of Iead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, 'Audits of States, Local Governments, and Non-Profit Organizations." 18. WiU comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFIC!AL APPLICANT ORGANIZATION TITLE 'DATE SUBMITTED Standard Form 424B (Rev. 7-97) Back THIS FORM MUST BE EXECUTED Attachment B Federal Certifications Page 3 of 5 FORM CD-512 CERTIFICATION REGARDING LOBBYING LOWER TIER COVERED TRANSACTIONS uuDEPARTMENT OF COMMERCE Applicants should review the instructions for certif'ication included in the regulations before compleUng this form. Signature on this form provdes for compliance With certification requirements under 15 CFR Part 28, "New Restrictions on Lobbying." LOBBYING As required by Section 1352, Title 31 of the U.G. Coda, and impemented at 15 CFR Part 28, for persons entering into a grant, cooperative agreement or contract ov r$1O0.U0Onra|ounor|oon guarantee over $150,000 as defined at 15 CFR Part 28, Sections 201O5 and 28.11O. the applicant certifies that hx the best o[ his orher knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the uridersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal oontnyct, the making of any Federal gnant, the making of any Federal |oan, the entering into of any cooperative ogmamont, and the extenoioo, oontinuoUon, renewo|, amendment, or modification of any Federal contract, grant, |oan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or atternpting to influence an officer or employee of any agency, a Member of Congress, an oft)cer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigried shat complete and submit Standard Fom+LLL. "Disclosure Form to Report Lobbying," in accordance with its insfrudions. (3) The undersigned shaU require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, Ioans, and cooperative agreements) and that all subrecipients shall �rtify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to tHe the required cerflfication shall be subject to a civil penalty of not Iess than $10,000 and not more than $100.000 for each such failure occurring on or before October 23, 18S0. and of not less than $11.00O and not more than $110,000 for each such failure occurring after October 23, 1996. Statement for Loan Guarantees and Loan Insurance The undersigried states, to the best of his or her knowledge and belief, that: In any funds have been paid or will be paid to any person for influencing or attempting to nfluence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loon, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352. title 31, U.S. Code. Any person who fails to file the required state. mentohoUbeauNoct1oacivi|ponn|1yofnoi|eoothan$1O.8G0 and not more than $100,O�O for each such failure occurring on or before October 23, 19SO. and of not less than $1i.U00 and not more than $110,000 for each such failure occurring after October 23, 1996. As the duly authorized representative of the applicant 1 hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE AWARD NUMBER AND/OR PROJECT NAME DATE THIS FORM MUST BE EXECUTED Attachment B Federal Certifications Page 4 of 5 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: a. contract `---J b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: a. bid /offer /application b. initial award c. post -award 4. Name and Address of Reporting Entity: ❑ Prime ❑ Subawardee Tier , if known: Congressional District, if known: 4c 6. Federal Department/Agency: Approved by OMB 0348 -0046 3. Report Type: a. initial filing b. material change For Material Change Only: year quarter date of last report 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime: Congressional District, if known: 7. Federal Program Name /Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): 11, Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this Transaction was made or entered into. This disclosure is required pursuant to 31 U.S,C. 1352, This information will be available for public inspection, Any person who fails to file the required disclosure shall be subject to a civil penally of not Tess than $10,000 and not more than $100,000 for each such failure. 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI): Signature: Print Name: Title: Telephone No.: Date: Federal Authorized for Local Reproduction Standard Form LLL (Rev. 7 -97) THIS FORM SHOULD BE EXECUTED ONLY WHEN REPORTING LOBBYING ACTIVITIES UNDERTAKEN WITH GRANT FUNDS Attachment B Federal Certifications Page 5 of 5 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change 10 a prevous fihing, pursuant 10 title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employee o, Congress, or an employeeof a Member of Congress in conneclion with a covered Federal action. Comp!ete all items that apply for bolh the initial flhing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification o«Nismnort. If this is a followup report caused by a material change to the information previou lympunou.onw, (he year and quarter in which the change occurred. s"te'maumvmthebm|prewvuvlyvuumxteorepomuvm|areporongooUtym,mis covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the approprialeclas mvation of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee ef the prirne is the isI tier. Subawards include but are nol limited to subcontracts, subgrants and contract awards under grants. 5. If the organizationflhing the report in item 4 checks "Subawardee,then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment, Include at least one organizationallevel below agenc name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number availabte for the Federal action identified m item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned u' the Federal oovncv). Include prefixes, v.n,^RFP*s-90-on1.^ V. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the Iobbying registrant under the Lobbying Disclosure AcI of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI), 11. The certifying officiat shall sign and date the form print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no person are required to reapond (0 a collection of informalion unless it displays u valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this cotlection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information Send comments regarding the burden estimate or any other aspect of this collection ot Information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork RedDC 20503. uction Project (0348-0046), Washington, Attachment C GLO Contract No. 13- 056- 000 -6979 Incorporated by Reference QUALITY ASSURANCE PROJECT PLAN ("QAPP ") INCORPORATED BY REFERENCE IN ITS ENTIRETY FOR ALL PURPOSES AND AVAILABLE FOR DOWNLOAD AT: http://gisweb.glo.texas.gov/Beachwatch/docs/ciapp2012.pdf Attachment D Contract No. 13-056-000-6979 Page 1 of 2 GENERAL AFFIRMATIONS Provider agrees without exception to the following affirmations: 1. The Provider has not given, offered to give, nor intends to give at anytime hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract. 2. Pursuant to Title 10, Section 2155.004 of the Texas Government Code, the Provider has not received compensation from the GLO for preparing any part of this Contract. 3. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. Any Provider subject to this section must include names and Social Security numbers of each person with at least twenty-five percent (25%) ownership in the business entity named in this Contract. This information must be provided prior to execution of any offer. 4. Provider certifies that the individual or business entity named in this Contract: i) has not been subjected to suspension, debarment, or similar ineligibility to receive the specified contract as determined by any federal, state, or local governmental entity; ii) is in compliance with the State of Texas statutes and rules relating to procurement; and iii) is not listed on the federal government's terrorism watch list as described in executive order 13224. Entities ineligible for federal procurement are listed at http://www.epls.gov. Provider acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. 5. Provider agrees that any payments due under this Contract will be applied towards any debt, including, but not limited to, delinquent taxes and child support that is owed to the State of Texas. 6. Provider certifies that they are in compliance with Texas Government Code, Title 6, Subtitle B, Section 669.003, relating to contracting with the executive head of a state agency. If this section applies, Provider will complete the following information in order for the bid to be evaluated: Name of Former Executive: Name of State Agency: Date of Separation from State Agency: Position with Provider: Date of Employment with Provider: Attachment D Contract No. 13-056-000-6979 Page 2 of 2 7. Provider agrees to comply with Texas Government Code, Title 10, Subtitle D, Section 2155.4441, relating to the purchase of products produced in the State of Texas under service contracts. 8. Provider understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Provider further agrees to cooperate fully with the State Auditor's Office, or its successor, in conducting the audit or investigation, including providing all records requested. Provider will ensure that this clause is included in any subcontract it awards. 9. Provider certifies that if it employs any former employee of the GLO, such employee will perform no work in connection with this Contract during the twelve (12) month period immediately following the employee's last date of employment at the GLO. 10. The Provider shall not discriminate against any employee or applicant for employment because of race, disability, color, religion, sex, age, or national origin. The Provider shall take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, sex, religion, age, disability, or national origin. Such action shall include, but is not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post notices, which set forth the provisions of this non- discrimination article, in conspicuous places available to employees or applicants for employment. The Provider shall include the above provisions in all subcontracts pertaining to the work. 11. Provider understands that the GLO does not tolerate any type of fraud. The agency's policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Providers are expected to report any possible fraudulent or dishonest acts, waste, or abuse affecting any transaction with the GLO to the GLO's Internal Audit Director at 512.463.5338 or tracey. hal 1@glo. state.tx. us NOTE: Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the "Public Information Act," Chapter 552 of the Texas Government Code. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2012 Action Item for the City Council Meeting of September 18, 2012 DATE: August 23, 2012 TO: Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, P.E. Director of Water Operations Gustavogo@cctexas.com 361- 826 -1874 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS). CAPTION: Motion authorizing the City Manager or his designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $155,864. PURPOSE: To continue the use of automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir system. BACKGROUND AND FINDINGS: Texas Water Rights Permit No. 3358 requires specified releases from the reservoir be made to the bays and estuaries. The City utilizes the United States Geological Survey (USGS) to establish automated river gauging stations to gather and maintain accurate records of all inflows and releases in the water reservoir system. The contract period is October 1, 2012 through September 30, 2012. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This agreement conforms to City Charter requirements EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $270,000 Encumbered / Expended Amount This item $155,864 BALANCE $114,136 Fund(s): Water Comments: Total cost will be split between Wesley Seale Dam and Choke Canyon organizations. RECOMMENDATION: Approval of the continued annual joint funding agreement with the USGS. LIST OF SUPPORTING DOCUMENTS: Joint - funding agreement Certification of Fund Ronald Olson City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Dear Mr. Olson: United States Department of t>i e Interior U. S. GEOLOGICAL, SURVEY Texas Water Science Center 1505 Ferguson Lane Austin, TX 78754 City Ma agerU O AUG 17 2012 August 15, 2012 Enclosed are two signed originals of our standard joint - funding agreement for the project(s) Texas Data Collection. Program, during the period October 1, 2012, through September 30, 2013, in the amount of $155,864 cash from your agency. U.S. Geological Survey contributions for this agreement are $30,146 for a combined total of 5186,010. Please sign and return one fully- executed original to Karen Beers at the address above. Federal law requires that we have a signed agreement before we start or continue work. Please return the signed agreement by October 1, 2012. if for any reason the agreement cannot be signed and returned by the date shown above, please contact Mark Null by phone number 210-691-9262, or email jmnull @usgs.gov, to make alternate arrangements. This is a fixed cost agreement to be billed quarterly via Down Payment Request (automated Form D1- 1040). Please allow 30 -days from the end of the billing period for issuance of the bill. If you experience any problems with your invoice(s), please contact. Kandis Becher at phone number 817 - 263 -9545 x225, or email at kkbecher @usgs.gov. The results of all work performed under this agreement will be available for publication by the U.S. Geological Survey. We look forward to continuing this and future cooperative efforts in these mutually beneficial water resources studies. ghan Rousse Acting Director Enc.• 13CSTX029000000 (2) Form 9-1366 (Oct. 2005) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resources Investigations Agreement #: 13CSTX029000000 Customer #: TX029 Project #: SJ009ME TIN #: 74-6000574 USGS DUNS #: 128821266 Fixed Cost Agreement Yes THIS AGREEMENT is entered into as of the lst day of October, 2012, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Corpus Christi party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Texas Data Collection Program, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b, 2. The following amounts shall be contributed to cover all of the cost of the necessary eld and analytical work directly related to this program. 2(b) include In-Kind-Services in the amount of $0.00 (a) (b) $30,146 by the party of the first part during the period October 01, 2012 to September 30, 2013 $155,864 by the party of the second part during the period October 01, 2012 to September 30, 2013 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request; be furnished by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040). Billing documents are to be rendered Quarterly . Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983.). Form 9-1366 (Oct. 2005) Name: Address: Telephone: Fax: Email: Name: Address: Telephone: Fax: Email: By Name: Meghan Title: Acting Direc or U.S. Departnient of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resources Investigations USGS Technical Poin of Contact J. Null 3upx Physical Scientist 5563DeZavm|o Road, Suite 29O San Antonio, TX7824Q 210-891'9262 210'691'0270 jmnu|l@ungu.gov u$GS Billing Point cf Contact Kandis Becher Budget Analyst 2775A]bameuoBlvd Fort Worth, TX78133 817-263-9545 x225 817'361'0459 kkbacher@usgv.guv US. Geological Survey United States Departrnent of the Interior Signature Date 8/15/2012 Agreement #:13CSTX02gV00o00 Customer #: TX029 Project #: SJ009n8E TIN #: 74-6000574 USGS DUNS #: 128821266 Customer Tech ical Poin o Contact Name. Ronald Olson City Manager Address: 1201 Leopard Stree Corpus Christi, TX 78401 Telephone: 361-826-3220 Fax: Email. Ron0@cctexas.com Name: Address: Telephone: Fax: Email: Customer Billing Point of Contact M.P.Sudhakar n Water Resources Mgmt Advisor 272G Holly Road Corpus Christi, TX 78415 301'828'3067 381'828-4420 mp@octaxaa:onm City of Corpus Christi Signatures By Date: Name: Title: By Date: Name: Title: By Date: Name: City of Corpus Christi TX029 ATTACHMENT FOR TX029 STATION NUMBER 001: SURFACE WATER DESCRIPTION 08194000 Nueces River at Cotulla, TX Full Range Streamflow Station 08194500 Nueces River near Tilden, TX Full Range Streamflow Station 08205500 Frio River near Derby, TX Full Range Streamflow Station 08206600 Frio River at Tilden, TX Full Range Streamflow Station 08206900 Choke Canyon Reservoir nr Three Rivers, TX Reservoir Contents 08206910 Choke Canyon Res. outflow nr Three Rivers, TX Q below Base and Continous Stages 08210000 Nueces River near Three Rivers, TX Full Range Streamflow Station Funded by the National Stream Flow Information Program (NSIP) USGS COOP TOTAL FUNDS FUNDS FUNDS $4,590 $10,860 $15,450 $4,590 810,860 $15,450 $4,590 $10,860 $15,450 84,590 810,850 $15,450 $2,466 $5,214 $7,680 $2,853 87,347 $10,200 $0 $0 $0 08210500 Lake Corpus Christi near Mathis, TX Reservoir Contents $2,456 08211000 Nueces River near Mathis, TX Full Range Streamflow Station Funded by the National Stream Flow Information Program (NSIP) $5,214 $7,680 $0 $0 $0 08211200 Nueces River above Bluntzer, TX Q below Base and Continous Stages $2,853 08211500 Nueces River at Catallen, TX Full Range Streamflow Station Funded by the National Stream Flow Information Program (NSIP) 08211503 Rincon Bayou Channel near Calallen, TX Q below Base with AVM and Continuous Stage $7,347 $10,200 $0 $0 $0 $0 $13,050 $13,050 SURFACE WATER TOTAL: $28,998 $81,612 $1 10,610 FY13 City of Corpus Christi TX029 STATION NUMBER 003:WATER QUALITY DESCRIPTION ATTACHMENT FOR TX029 USGS COOP TOTAL FUNDS FUNDS FUNDS 08211200 Nueces Rv at Bluntzer, Tx Temp., Cond., pH, Diss. Oxy., Turbidity Monitor (5-Parm) $1,148 08211503 Rincon Bayou Channel near Cala Ilen, TX Temp. and Cond. Monitor (2-Parm) 08211505 Rincon Bayou Channel outtalk to Nueces Bay nr Cala lien, TX Temp. and Cond. Monitor (2-Parm) WATER-QUALITY TOTAL: $41,852 $43,000 $1,148 $41,852 $43,000 $0 $16,200 $16,200 $0 $16,200 $16,200 $0 $16,200 816,200 $0 $16,200 $16,200 $1,148 $74,252 $75,400 PROJECT SURFACE WATER: 001 WATER QUALITY: 003 TOTAL USGS COOP TOTAL FUNDS FUNDS FUNDS $28,998 $81,612 $110,610 1,148 $74,252 875,400 $30,146 $155,864 $186,010 USGS Contributions USGS Cooperative Water Program Funding $30,146 National Stream Information Program Contribution (3 gages) $46,350 Total USGS Contribution 876,496 2 FY13 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2012 Action Item for the City Council Meeting of September 18, 2012 DATE: TO: August 24, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Foster Crowell, Director of Wastewater Services FosterC @cctexas.com (361) 826 -1801 Execute Construction Contract Allison Wastewater Treatment Plant New Mechanical Bar Screen and Grit Removal Improvements (Project No. 7417) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with R.M. Wright Construction Company of El Paso, Texas in the amount of $2,772,662.00 for the Allison Wastewater Treatment Plant New Mechanical Bar Screen and Grit Removal Improvements for the Base Bid plus Additive Alternate No. 1 and 2. PURPOSE: The purpose of this Agenda Item is to execute the construction contract for the Allison Wastewater Treatment Plant New Mechanical Bar Screen and Grit Removal Improvements so work may proceed. BACKGROUND AND FINDINGS: The project consists of demolition of existing bar screen facility, installation of new mechanical bar screen facility, existing grit unit modifications, sidewalk, concrete pavement, concrete curb and retaining wall, effluent diversion box handrail and miscellaneous items of work required to complete project in accordance with plans, specifications, and Contract Documents. Additive Alternate No. 1 consists of odor control for existing grit unit. Additive Alternate No. 2 consists of the west aeration basin improvements. On July 25, 2012, the City received proposals from four (4) bidders. The bidders and their respective bids are as follows: Contractor Base Bid Plus Additive Alternate No. 1 & 2 R.M. Wright Construction Company El Paso, Texas $2,772,662.00 J.S. Haren Company Athens, Texas $2,856,000.00 CSA Construction, Inc. Houston, Texas $2,884,790.00 Holloman Corporation Converse, Texas $3,630,774.00 ALTERNATIVES: 1. Modify the construction contract. 2. Do not execute the construction contract. OTHER CONSIDERATIONS: The City's consultant, Urban Engineering, conducted a bid analysis of the four (4) proposals submitted to the City. The lowest bidder, based on the Total Base Bid plus Additive Alternate No. 1 and 2, is R.M. Wright Construction Company of El Paso, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, R.M. Wright Construction Company has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statues regarding construction procurement criteria; FY 2012 -2013 Wastewater Capital Improvement Planning (CIP) Budget. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Engineering Services, Wastewater Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $307,700.00 $2,443,200.00 $2,276,100.00 $5,027,000.00 Encumbered / Expended Amount $307,700.00 $307,700.00 This item $2,000,000.00 $772,662.00 $2,772,662.00 Future Anticipated Expenditures $511,312.21 $511,312.21 BALANCE $0.00 $443,200.00 $992,125.79 $1,435,325.79 Fund(s): Wastewater CIP #5 Comments: This project requires 455 calendar days with anticipated completion approximately January 2014. Thus funding for this project will be required during fiscal year 2013 -2014. RECOMMENDATION: City staff recommends that the construction contract be awarded to R.M. Wright Construction Company of El Paso, Texas in the amount of $2,772,662.00 for the Allison Wastewater Treatment Plant New Mechanical Bar Screen and Grit Removal Improvements for the Base Bid plus Additive Alternate No. 1 and 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET ESTIMATE ALLISON WASTEWATER TREATMENT PLANT NEW MECHANICAL BAR AND GRIT REMOVAL IMPROVEMENTS PROJECT NO. 7417 Future Item for the City Council Meeting of September 11, 2012 Action Item for the City Council Meeting of September 18, 2012 FUNDS AVAILABLE: Wastewater CIP $5,027,000.00 FUNDS REQUIRED: Construction (R.M. Wright Construction Company) Base Bid plus Add. Alt. No. 1 & 2 Contingencies (10 %) 2,772,662.00 277,266.00 Consultant Fees: Consultant Design (Urban Engineering) * 264,480.00 Construction Materials Testing (Estimate) 55,453.24 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 76,248.21 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 97,043.17 Finance Reimbursement 34,658.28 Misc. (Printing, Advertising, etc.) 13,863.31 TOTAL $3,591,674.21 ESTIMATED PROJECT BUDGET BALANCE $1,435,325.79 * Original Consultant Design Contract awarded on April 21, 2009 to Urban Engineering by Motion No. 2009 -098. Construction Observation Services are included in Consultant Design Contract. \Mproject \councilexhibits \exh7417. dwg LOCATION MAP NOT TO SCALE PROJECT # 7417 ALLISON WASTEWATER TREATMENT PLANT NEW MECHANICAL BAR SCREEN AND GRIT REMOVAL IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 1 ison WWTP Mechanica mprovements Presentation Ir 1 Project Schedule CY1 0 f%1 z 4-, 0- tto z c co 2 0. co 2 -0 LL c co z 0- tto z Total Construction Duration 15 Month w OA CCI V w • 0 FUNDS AVAILABLE: $5,027,000.00 Wastewater C I P FUNDS REQUIRED: 2,772,662.00 N 06 O z Q a) U (6 CO O (6 Q E O 0 O O U 1 c O 0 L O) 2 c O U O O 0 Contingencies (10 %) Consultant Fees: 0 0 0 co N Consultant Design (Urban Engineering) * N (Y) LO LC) LC) Construction Materials Testing (Estimate) 221, 812.97 Reimbursements: O O O 2 >, -E O O 0 c c a) a) U O a) O W O c6 C o U rn•- o� oa) N N c Q � Q c N U_ N L a) C (� •o U (6 "E a) C o o 00 c c 0 0 U U a) 0 2 ( O o � U o rn U o G) O 0 O N OO * z AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2012 Action Item for the City Council Meeting of September 18, 2012 DATE: July 26, 2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health Annetter(c�cctexas. com 361- 826 -7205 Accepting a "bundled" grant from the Department of State Health Services and appropriating funds to include: Tuberculosis Prevention and Control- State, Preparedness and Prevention Community Preparedness Section /Laboratory Response Network, CPS - Laboratory Response Network -PHEP, Infectious Disease Control Unit/Flu -Lab, Immunization Local Health Departments Coalition Collaboration Activities, RLSS /Local Public Health System -PHP, Tuberculosis Prevention and Control - Federal CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant of $775,666 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide continued clinical services. PURPOSE: This is the first year that DSHS decided to "bundle" as many contracts as possible for efficiency and cost saving measures. The bundled grants are to continue to provide services in our Laboratory, TB Clinic, Immunizations Clinic as well as conducting flu surveillances and Public Health Preparedness for our community. The RLSS grant allows the Health District to work on infrastructure to maintain these clinics. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $775,66 to provide funding for public health services beginning September 1, 2012 through August 31, 2013 to fund personnel, fringe benefits and supplies to support the provision of essential public health services including Tuberculosis Prevention, Immunizations, Laboratory Services and Public Health Emergency Preparedness. The grant dollar amount is as follows: Tuberculosis Prevention - State - $73,276.00, Preparedness and Prevention Community Preparedness Section /Laboratory Response Network - $40,014.00, CPS - Laboratory Response Network -PHEP- $194,849.00, Infectious Disease Control Unit /Flu- Lab - $5,000.00, Immunization Local Health Departments Coalition Collaboration Activities - $164,368.00, RLSS /Local Public Health System -PHP- $254,137.00, Tuberculosis Prevention and Control - Federal- $61,735.00. ALTERNATIVES: To discontinue clinical services at the Corpus Christi - Nueces County Public Health District. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Finance - Federal Grant and Office of Management and Budget. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $775,666 $775,666 BALANCE $775,666 $775,666 Fund(s): Comments: CPS - Laboratory Response Network requires 10% in -kind match, all others no match required RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance CONTRACT NO. 2013-041112 PROGRAM ATTACHMENT NO. 007 PURCHASE ORDER NO. 0000385352 CONTRACTOR: CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) DSHS PROGRAM: Tuberculosis Prevention and Control - Federal TERM: 09/01/2012 THRU: 08/31/2013 SECTION I. STATEMENT OF WORK: Throughout. the Contractor's defined service area of Nueces, the Contractor shall develop and provide: (1) basic services and associated activities for tuberculosis (TB) prevention and control; and (2) expanded outreach services to individuals of identified special populations who have TB and/or who are at high risk of developing TB. Contractor shall provide the services outlined above in compliance with the following: • DSHS Standards of Performance for the Prevention and Control of Tuberculosis, available at http: / /www.dshs. state. tx. us /IDCU /disease /tb /publications /SOP -2008- final.doc • DSHS Standards for Public Health Clinic Services, available at http: / /www.dshs. state. tx. us/ gmb /dshsstndrds4clinicservs.pdf; • DSHS TB Policy and Procedures Manual, available at http: / /www.dshs. state. tx. us /icicu /disease /tb /publications/: • American Thoracic Society (ATS) and Centers for Disease Control and Prevention (CDC) joint statements on diagnosis, treatment and control of TB available at http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5211a 1.htm; • Diagnostic Standards and Classification of Tuberculosis in Adults and Children, {American Journal of Respiratory and Critical Care Medicine, Vol. 161, pp. 1376 -1395, 2000) http: / /ajrcctn.atsjournais.org /cai /reprint /161/4/1376; • Treatment of Tuberculosis, (ATS /CDC /IDSA), 2003 available at ht.tp: / /www.cdc.g,ov /tb/ pubs / €nmwr /MaL .aide /deft ilt: kltt ; • Targeted Tuberculin Testing and Treatment of Latent. TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000, available at littp: / /www.cdc.g, ov /nimwr /PDF /rr /rr4906.pdf; • Updated: Adverse Event Data and Revised American Thoracic Society /CDC Recommendations Against the Use of Rifampin and Pyrazinamide for Treatment of Latent Tuberculosis Infection — United States, 2003, MMWR 52 (No. 31) htthah -w.cdcuov /» m revises /mmwrhtmUrn tn5231azl.ht m ; PROGRAM ATTACHMENT -- Page 1 (/ ) • Controlling Tuberculosis in the United States, MMWR, Vol. 54, No. RR -12, 2005 http://www.cdc.gov/mmwr/preview/mmwrhtml/n:5412a1.htm; • Guidelines for the Prevention and Treatment of Opportunistic Infections Among HIV - Exposed and HIV - Infected Children at http: / /www.ccic. gov /mrnwr /pdf /rr /rr58e0826.pdf; • Guidelines for Prevention and Treatment of Opportunistic Infections in HIV - Infected Adults and Adolescents at http: / /www.cdc .gov /mmwr /pelf /rr /rr58e324.pdf; and • Updated Guidelines on Managing Drug Interactions in the Treatment of HIV- Related Tuberculosis at http: / /www.cdc.gov /tb /publications /guidelines /TB HIV Drugs /default.htm. Contractor shall comply with all applicable federal and state regulations and statutes, including, but not limited to, the following: • Texas Tuberculosis Code, Health and Safety Code, Chapter 13, Subchapter B; • Communicable Disease Prevention and Control Act, Texas Health and Safety Code, Chapter 81; • Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities, Health and Safety Code, Chapter 89; • Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter A, Control of Communicable Diseases; and • Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter H, Tuberculosis Screening for Jails and Other Correctional Facilities. Contractor shall perform all activities under this Renewal Program Attachment in accordance with Contractor's final, approved work plan (attached as Exhibit A), and detailed budget as approved by DSHS. Contractor must receive written approval from DSHS before varying from applicable policies, procedures, protocols, and the final approved work plan, and must update its implementation documentation within forty -eight (48) hours of making approved changes so that staff working on activities under this contract knows of the change(s). DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below what is projected in Contractor's total Renewal Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. Because of the inherent time to complete treatment for tuberculosis disease and latent tuberculosis infection in relation to the period of this Renewal Program Attachment, required reporting under this Renewal Program Attachment will show results for work performed under previous Renewal Program Attachments. Contractor shall provide a complete and accurate annual narrative report, in the format provided by DSHS, demonstrating compliance with the requirements of this Renewal Program Attachment. That report shall include, but is not limited to, a detailed analysis of performance related to the performance measures listed below. A progress report of activities in January through May 2013 shall also be submitted in a format provided by DSHS. These reports shall be PROGRAM ATTACHMENT -- Page 2 sent to the Department of State Health Services, Tuberculosis Services Branch, Mail Code 1873, PO Box 149347, Austin, Texas 78714 -9347 via regular mail, or by fax to (512) 371 -4675, and sent by e -mail to TBContractReporting @dshs.state.tx.us. Contractor shall maintain the documentation used to calculate performance measures as required by the General Provisions Article VIII "Records Retention" and by the Texas Administrative Code Title 22, Part 9 Chapter 165, § 165.1. regarding the retention of medical records. Report periods and due dates are as follows: PERIOD COVERED DUE DATE January 2012 — December 2012 February 15, 2013 January 2013 --- May 2013 July 15, 2013 Contractor shall send all initial reports of confirmed and suspected TB cases to DSHS within seven (7) working days of identification or notification. Any updates to initial DSHS Report of Cases and Patient Services Forms (TB -400) (e.g., diagnosis, medication changes, x -rays, and bacteriology) and case closures shall be sent within thirty (30) days of when a change in information in a required reporting field occurs to DSHS at PO Box 149347, Mail Code 1873, Austin, Texas 78714 -9347. Contractor shall send an initial report to DSHS of contacts on all Class 3 TB cases and smear - positive Class 5 TB suspects within thirty (30) days of identification using DSHS' Report of Contacts Form (TB -340 and TB -341). Any new follow -up information (not included in the initial report) related to the evaluation and treatment of contacts shall be sent to DSHS on the TB -340 and TB -341 at intervals of ninety (90) days, 120 days, and two (2) years after the day the Contractor became aware of the TB case. Electronic reporting to DSHS for Class 3 TB cases, smear positive Class 5 TB suspects, and their contacts may become available during the term of this Renewal Program Attachment. Once notified of this option by DSHS, Contractor may avail itself of this option if it adheres to all the electronic reporting requirements (including system requirements) provided at that time. Contractor will determine and report annually the number of persons which receive at least one (1) TB service, including but not limited to: tuberculin skin tests, chest radiographs, health care worker services, or treatment with one or more anti - tuberculosis medications. Contractor shall monitor and manage its usage of anti- tuberculosis medications and testing supplies furnished by DSHS in accordance with first- expiring -first -out (FIFO) principles of inventory control to minimize waste for those products with expiration elates. On a monthly basis, the Contractor shall perform a count of its inventory of anti - tuberculosis medications and tuberculosis testing supplies furnished by DSHS and reconcile the quantities by product and lot number found by the direct count with the quantities by product and lot number Listed in the electronic inventory management system furnished by DSHS. All these tasks shall be performed by the Contractor using the designated database and the designated procedures. PROGRAM ATTACHMENT --- Page 3 Contractor shall evaluate and monitor Class B immigrants and when needed place them on appropriate prophylaxis for successful completion of treatment. Immigrant notifications shall be obtained through the Electronic Disease Notification (EDN) system. The TB Follow -up Worksheet in EDN shall be completed for all immigrants whose notification was obtained through EDN. Contractor shall evaluate refugees and other at -risk clients referred by the Refugee Health Program for further clinical evaluation and when needed place those refugees on appropriate prophylaxis and monitor them for successful completion of treatment. The TB Worksheet in EDN shall be completed on refugees and other at -risk clients who are reported through EDN. SECTION II. PERFORMANCE MEASURES: The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Renewal Program Attachment, without waiving the enforceability of any of the other terns of the contract or any other method of determining compliance: 1. Cases, and suspected cases, of TB under treatment by Contractor shall be placed on timely and appropriate Direct Observed Therapy (DOT). If data indicates a compliance rate for this Performance Measure of less than 90 %, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 2. Newly diagnosed TB cases that are eligible to complete treatment within 12 months shall complete therapy within 365 days or less; *Exclude TB cases 1) diagnosed at death, 2) who die during therapy, 3) who are resistant to Rifampin-, 4) who have meningeal disease, and /or 5) who are younger than 15 years with either rniliory disease or a positive blood culture for TB. If data indicates a compliance rate for this Performance Measure of less than 85 %, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 3. TB cases with initial cultures positive for Mycobacterium tuberculosis complex shall be tested for drug susceptibility and have those results documented in their medical record. If data indicates a compliance rate for this Performance Measure of less than 97.4 %, then DSHS € ay (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 4. Newly - reported cases of TB with Acid -fast Bacillis (AFB) positive sputum culture results will have documented conversion to sputum culture- negative within 60 days of initiation of treatment. If data indicates a compliance rate for this Performance Measure of less than 45% then DSHS may (at its sole discretion) require additional measures be taken by contractor to improve the percentage, on a timeline set by DSHS; PROGRAM ATTACHMENT -- Page 4 5. Newly- reported TB cases shall have an HIV test performed (unless they are known HIV - positive, or if the patient refuses) and shall have positive or negative HIV test results reported to DSHS according to the schedule provided herein. If fewer than 80% of newly reported TB cases have a result of an HIV test reported, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 6. Newly - reported suspected cases of TB disease shall be started in timely manner on the recommended initial 4 -drug regimen. If fewer than 93.2% of newly - reported TB cases are started on an initial 4 -drug regimen in accordance with this requirement, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 7. Newly - reported TB patients with a positive AFB sputum-smear result shall have at least three contacts identified as part of the contact investigation that must be pursued for each case. If data indicates a compliance rate for this Performance Measure of less than 90%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 8. Newly - identified contacts, identified through the contact investigation, that are associated with a sputum AFB smear- positive TB case shall be evaluated for TB infection and disease. If data indicates a compliance rate for this Performance Measure of less than 81.5 %, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 9. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear- positive case and that are newly diagnosed with latent TB infection (LTBI) shall be started on timely and appropriate treatment. If data indicates a compliance rate for this Performance Measure of less than 65 %, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 10. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear - positive case that are newly diagnosed with LTBI and that were started on treatment shall complete treatment for LTBI as described in Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000, and according to the timelines given therein. If data indicates a compliance rate for this Performance Measure of Less than 45 %, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 11. Newly - reported TB patients that are older than 12- years --old and that have a pleural or respiratory site of disease shall have sputum AFB - culture results reported to DSHS according to the timelines for reporting initial and updated results given herein. If data PROGRAM ATTACHMENT — Page 5 indicates a compliance rate for this Performance Measure of less than 89.5 %, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; and 12. All reporting to DSHS shall be completed as described herein under Section 1 above and submitted by the deadlines given. If the Contractor fails to meet any of the performance measures, the Contractor shall furnish in the narrative report, due February 15, 2013, a written explanation including a plan (with schedule) to meet those measures. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the contract regarding breach. SECTION III. SOLICITATION DOCUMENT: Exempt - Governmental Entity SECTION IV. RENEWALS: DSHS may renew the Program Attachment for up to one (1) additional one -year term, at DSHS's sole discretion. SECTION V. PAYMENT METHOD: Cost Reimbursement Funding is further detailed in the attached Categorical Budget and if applicable, Equipment List. SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B -13) and acceptable supporting documentation for reimbursement of the required services /deliverables. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses /number below. Claims Processing Unit, MC 1940 Department of State Health Services 1 100 West 491x' Street PO Box 149347 Austin, TX 78714 -9347 The fax number for submitting State of Texas Purchase Voucher (Form B -13) to the Claims Processing Unit is (512) 776 -7442. The email address is invoices@dshs.state.tx.us. PROGRAM ATTACHMENT — Page 6 SECTION VII. BUDGET SOURCE OF FUNDS: CFDA Funding #93.116 DUNS #069457786 SECTION VIII. SPECIAL PROVISIONS: General Provisions, Article HI. FUNDING, Section 3.06, Nonsupplanting, is revised to include the following: Funding from this Renewal Program Attachment shall not be used to supplant (i.e., used in place of funds dedicated, appropriated or expended for activities funded through this Renewal Program Attachment) state or local funds, but Contractor shall use such funds to increase state or local funds currently available for a particular activity. Contractor shall maintain local funding at a sufficient rate to support the local program. If the total cost of the project is greater than DSHS' set funding, Contractor shall supply funds for the remaining costs in order to accomplish the objectives set forth in this Program Attachment. All revenues directly generated by this Renewal Program Attachment or earned as a result of this Renewal Program Attachment during the term of this Renewal Program Attachment are considered program income, including income generated through Medicaid billings for TB related clinic services. Contractor shall use this program income to further the scope of work detailed in this Renewal Program Attachment, and must keep documentation to demonstrate such to DSHS's satisfaction. This program income may not be used to take the place of existing local, state, or federal program funds. General Provisions, ARTICLE IV. PAYMENT METHODS AND RESTRICTIONS, Section 4.02 Billing Submission, is amended to include the following: Contractor shall submit requests for reimbursement or payment, or revisions to previous reimbursement request(s), no later than January 30, 2013 for costs incurred between the services dates of September 1, 2012 and December 3 1 , 2012 General Provisions, ARTICLE IV. PAYMENT METHODS AND RESTRICTIONS, Section 4.05 Financial Status Reports, is amended to include the following: Contactor shall submit FSRs to Accounts Payable by the last business day of the month following the end of each term reported. The FSR period will be reported as follows: Quarter One shall include September 1, 2012 through December 31, 2012. Quarter two shall include January 1, 2013 through March 31, 2013. Quarter three shall include April .l, 2013 through June 30, 2013. Quarter four shall include July 1, 2013 through August 31, 2013. Contractor shall submit the final FSR no later than sixty (60) calendar days following the end PROGRAM ATTACHMENT --- Page 7 rG, of the applicable term. General Provisions, Article XIII. General Terms, Section 13.15 Amendment, is amended to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Program Attachment. PROGRAM ATTACFIMENT --- Page 8 2013 - 041112 -007 Categorical Budget: PERSONNEL FRINGE BENEFITS TRAVEL EQUIPMENT $22,065.00 $13,901.00 998.00 $0.00 522.00 $13,352.00 HER TOTAL DIRECT CHARGES RECT CHARGE? TOTAL $61,735.00 00 $61,735.00 5. $0.00 x`000 CONTRACTOR SHARE HER Total reimbursements will not exceed $61,735.00 Financial status reports are due: 01/31/2013, 04/30/2013, 07/31/2013, 10/30/2013 Lit DSHS CONTRACT: 2013-041112-007 CORPUS CHRISTI NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) TB /PC -FED EXHIBIT A WORK PLAN 1. Summarize the proposed services, service area, population to be served, location (counties to be served), etc. List subcontractors you will work with in your area. Also, address if and how you will serve individuals from counties outside your stated service area. The service area for Corpus Christi - Nueces County Tuberculosis Elimination Program covers approximately 838 miles of land. The Gulf of Mexico is to the east, San Patricia County to the north, Jim Wells County to the west, Kleberg County to the south and approximately 150 miles from the Mexican border. The total population in Nueces County is 340,223 with an ethnicity divided into 60.6% Hispanic, 32.8% Anglo, 3.6% Black and 3% categorized as "other". This information was obtained from The County Information Project, Texas Association of Counties. The Corpus Christi - Nueces County Tuberculosis Elimination Program (CCNCTBEP) provides basis services for tuberculosis control and prevention in Corpus Christi and Nueces County. Services are provided in compliance with the Corpus Christi - Nueces County Tuberculosis Elimination Clinic's Protocols, Texas Department of State Health Services Tuberculosis Surveillance Division Standards of Performance, American Thoracic Society and Center for Disease Control (ATS /CDC) Joint Statements. The Corpus Christi - Nueces County Tuberculosis Elimination Program identified 14 countable cases for 2011, this is a case rate of 4 cases per 1 00,000 of the population. Clinical and outreach services target identification of TB cases /suspects, contacts, evaluation of those individuals seeking to immigrate to this country with alien waivers. Outreach services target those individuals in correctional facilities, homeless shelters, alcohol /drug treatment centers, identification of the homeless living on streets with active tuberculosis and those individuals with latent TB infection (LTBI) and/or HIV /Aids at high risk of developing active tuberculosis. CCNCTBEP works closely with the neighboring counties, hospital, local physicians, and local, county and federal jails /prisons and the State TB nurse to do DOT /DOPT, contact investigation, x -ray services, medications, monitoring and transportation to or from Texas Center for Infectious Diseases for Corpus Christi, Nueces County and surrounding counties when requested. 2. Describe delivery systems, workforce (attach organizational chart), policies, support systems (Le., training, research, technical assistance, information, financial and administrative systems) and other infrastructure available to achieve service delivery and policy - making activities. What resources do you have to perform the project, who will deliver services and how will they be delivered? The main objective for CCNCTBEP is 100% DOT resulting in prevention and cure of Tuberculosis, and all policies and activities are based on this objective. The City of Corpus Christi provides the office space, utilities, administrative support and computer maintenance for the internet based programs, TWICES and RCS, utilized by CCNCTBEP. Both the state and federal grants have been decreasing yearly. The financial management is now assigned to an accountant at City Hall to oversee the expenditures and send in the FRS to the state for payment. CCNCTBEP initiated a program in 2003 to earn money by selling ppd's to the general public for a cash fee. The ppd and supplies are purchased with program income. This has kept our clinic viable as the amount of the grants decrease. CCNCTBEP has been fortunate to be able to retain the core staff of one (1) RN for 15 years (Barbara Cavazos, RN) paid by Nueces County and works clinic, DOT and contact investigation; one (1) outreach worker for 17 years (Gabriel Duran, CSA) in the Federal Grant that does DOT /DOPT, contact investigation, outreach ppd's for the eleven (11) homeless shelters, locates missing clients and helps locate individuals on alien waivers for evaluation; one (1) receptionist for 17 years (Brenda Hinojosa) in the State Grant, who manages the LTBI records, sends missed appointment letters and is responsible for program income bank deposits; and one (1) medical records tech for 15 years (Veronica Karen Rodriguez) who is responsible for the case registry, data entry of TB suspects /cases, monthly sputum collection, DOT /DOPT, works with all staff to help initiate contact investigations, prepares monthly clinic data reports, takes over the duties of the outreach worker and /or receptionist if they are out and a new TB Program Manager, Laura Oberts, RN, BSN, paid by the City of Corpus Christi. All staff work in the office and field as needed to do contact investigations, DOT /DOPT and tracking of patients, those patients missing DOT /DOPT doses are located by the outreach worker and a female employee will be utilized when needed, i.e., to bring in a female client for evaluation or work -up. All staff members are licensed and/or certified to drive the outreach van for DOT /DOPT or to transport a client to the Texas Center for Infectious Disease in San Antonio for admission. CCNDTBEP is very fortunate to have a vehicle at their disposal 100% of the time for TB outreach. We are also very fortunate that the City of Corpus Christi provides the use of a city vehicle when our van is to be serviced. 3. Determine the number of persons who received from the CONTRACTOR in 2012 at least one TB service including but not limited to tuberculin skin tests, chest radiographs, health care worker services, or treatment with one or more anti - tuberculosis medications. The CCTBC counts, on a monthly basis, the number of ppd's placed for paying and non - paying clients, the number of homeless, number of alcohol /drug treatment clients tested and/or x- rayed, the number of preventive medication refills, the number of doses of DOT /DOPT administered and the number of missed doses is recorded. Daily sign - in logs are kept of all clients utilizing these services provided by the TB clinic and the number of services provided is pulled from this sign -in log. 4. Describe how data is collected and tabulated, who will be responsible for data collection and reporting, and how often data collection activities will occur. Describe how you will conduct community surveillance, to identify unreported cases of TB and individuals suspected of having TB infection. Describe how you will maintain a record of outbreaks, in your area, with a description of the outbreak and how it was managed. Monthly counts are recorded on all services provided by the CCNCTBEP, such as TB skin tests and readings, nurse consultations /evaluations, positive reactors, referrals, chest x -rays, preventive medication, DOT /DOPT. All clients are required to sign in when they arrive at the TB clinic and they specify on the sign -in sheet the service needed. Identify and examine all household, social, occupational and other close contacts to the suspected infectious TB suspect/case within seven (7) days of notification utilizing the concentric circle and send the preliminary TB -340 to Austin TB Elimination. All close household contacts to a smear positive TB suspect /case will have a chest x -ray regardless of their TB skin test result. A follow -up TB -340 is to be forward to Austin within 90 days and again at 120 days with the final report being sent when all positive reactors have completed their INH regimen of 9 months preventive therapy. All children with a negative chest x -ray that live in the house with a smear positive TB suspect/case are placed on directly observe preventive therapy. At the 3 -month follow - up those with a positive ppd are continued for nine (9) months on INH and those that have a negative ppd at follow -up may discontinue INH if the ppd is negative and the TB suspect /case is no longer smear positive or no longer in the home. All household contacts five (5) years and younger are placed on DOPT, older household contacts are placed on DOPT as resources allow. All patients on DOT /DOPT are assessed for drug toxicity prior to each dose of medication and must come into the clinic once a month for a workup that includes a drug toxicity check, visual acuity and age appropriate lab. All positive reactors referred to CCTBC by private physician are questioned as to who infected them. They are provided with a chest x -ray or given a referral for a chest x -ray privately. The x -rays are read by Dr. William W. Burgin, Jr. and preventive medication IN is ordered if the chest x -ray is normal. Positive reactors picking up medication monthly must have a drug toxicity check, visual acuity and age appropriate lab with their monthly workup. Treatment for latent TB infection (LTB1) is provided without cost to the patient. 5. Describe how the accuracy, timeliness and completeness of data collected will be assessed and verified. If not already in place, describe how you will develop a written plan to assess the quality of data collected. Data is gathered monthly from the daily sign -in log (date /time included), log book for monthly lab, HIV, syphilis, referrals, chest x -ray log, alcohol /drug treatment facility log, jail reports, homeless shelter log, monthly count of DOT /DOPT doses, monthly count of paid and non -paid ppd's. 6. Describe coordination with the other health and human services providers in the service area(s) and delineate how duplication of services is to be avoided. List other community programs you will be working with in your jurisdiction (community based organizations, private providers, hospitals, and service organizations). CCNCTBEP manages all reported TB suspects /cases in Corpus Christi - Nueces County and works closely with all community based organizations often assisting TB programs in other counties with the management of the TB suspects /cases. The TB clinic staff coordinates monthly with the homeless shelters, drug /alcohol abuse programs, county jail and federal detention center the testing and /or evaluation of those clients that utilize their facilities. This data is gathered monthly and indicates the number of clients tested and /or evaluated for TB disease and /or infection. 7. Describe ability to provide services to culturally diverse populations (e.g., use of interpreter services, language translation, compliance with ADA requirements, Location, hours of service delivery, and other means to ensure accessibility for the defined population). CCNCTBEP has two bilingual full -time employees, Brenda Hinojosa and Gabriel Duran. They speak English and Spanish fluently, Mr. Duran is able to translate clinic forms and client instructions when needed. Also at our disposal is the Language Line Services at www.languageline.com or at 1 -800- 752 -6096. 8. Describe your strategy for the management of TB cases and suspects, with emphasis on provision of directly observed therapy (DOT); and use of incentives and enablers. All TB suspects /cases are placed on 4 -drug therapy given by DOT per the American Thoracic Society (ATS), Center for Disease Control (CDC) and Infectious Diseases Society of America (IDSA) guidelines. Private physicians are provided current information related to TB management to ensure the correct medication and DOT is ordered. If a private physician does not place a patient on 4 -drug therapy or DOT, a consultation is requested for that physician with Dr. William W. Burgin, Jr., Dr. Barbara Seaworth, Dr. David Griffith or Dr. Jeffrey Starke. TB suspects /cases determined to be infectious by smear are placed on home isolation until they are no longer able to transmit disease. Control orders are utilized at the start of care to establish parameters and prevent the need for quarantine. Control orders are given in the patient's language or an interpreter or guardian may read the letter to the patient. Court ordered management would be initiated for those that are non - compliant. Education is provided for TB suspects /cases and their families that cover TB disease vs. infection, INH side effects, importance of following all the instructions given, the schedule for follow -up chest x -rays, having blood drawn, monthly work -ups, sputum collection and the phone number of the case manager. All TB suspects /cases are informed that if they need to talk to the TB Clinic medical consultant they can schedule an appointment to speak to the consultant. Drug susceptibility is done on all initial specimens identified as M.TB and treatment is adjusted if drug resistance is identified. Sputum is collected on three (3) consecutive days every two weeks while smear positive. When the patient converts to being smear negative sputum is then collected on three (3) consecutive days monthly until the end of treatment. If the patient remains smear and culture positive on adequate doses of medication then new susceptibilities are requested. Drug levels are done on an as needed basis for those patients that continue to be smear and culture positive longer than the guidelines address. Those patients identified as drug resistant or with low drug levels, require a consultation with a state paid consultant. A licensed physician certified in pulmonary diseases monitors TB suspects /cases. HIV and syphilis counseling as well as testing, are part of the admission lab. Toxicity assessment is done prior to each dose of medication. Liver profiles are drawn per DSHS Tuberculosis Elimination Division protocols throughout treatment. Visual acuity is done monthly while color vision and hearing screening is done based on the drugs the patient is prescribed. All this is recorded in the patient's record. TB suspects /cases are treated without consideration to the patient's ability to pay. 9. Describe your process for review of cases under management. TB suspects /cases have physician review. Patients are started on a 4 -drug therapy: 14- day regimen of daily medication, then changed to twice weekly for two months on four drugs. At the end of two months, the drug regimen is again changed and the patient continues therapy on two drugs until nine (9) months have been completed. All doses of medication are given by directly observed therapy. Sputum is collected every two weeks while the patient is smear positive. Sputum collection continues monthly after converting to smear negative and susceptibilities are reviewed. Drug levels are utilized for those patients who have not converted to smear and culture negative in a timely manner. Current chest x -rays are evaluated every three months and monthly workups are done by clinic nurse. 10. Describe your strategy for the implementation of cohort analysis of cases at feast quarterly. The CCNCTBBP has implemented the cohort review process with the first analysis of cases in July 2011. In attendance to these will be all TB clinic staff and medical director. This clinic also utilizes the DSHS audit forms for chart and program review on a quarterly basis, forms are then recorded in the patient's chart. 11. Describe your strategy for the management of contacts and positive reactors, with emphasis on directly observed preventive therapy (DOPT). Identify and evaluate all household, social, occupational and other close contacts to the suspected infectious TB suspects /cases within 7 days of notification utilizing the concentric circle and send the preliminaryTB -340 to Austin TB Surveillance. All close household contacts to a smear positive TB suspect or case will have a chest x -ray regardless of their TB skin test result. A follow -up TB -340 is to be forwarded to Austin within 90 days and again at 120 days with the final report being sent when all positive reactors have completed their INH regimen of 9 months preventive therapy. Children with a negative chest x -ray that live in the house with a smear positive TB suspect/case are placed on directly observed preventive therapy on INH. Those with a positive ppd at follow -up are continued for 9 months on INH and those that have a negative ppd at follow -up may discontinue INH if the TB suspect/case is no longer smear positive or no longer in the home. Household contacts five (5) years and younger are placed on DOPT as resources allow. All patients on DOT /DOPT are assessed for drug toxicity prior to each dose of medication and must come into the clinic once a month for a workup that includes a drug toxicity check, visual acuity and age appropriate lab. All positive reactors referred to CCTBC by private physicians are questioned as to who infected them. They are provided a chest x -ray or given a referral for a chest x -ray privately. The x -rays are read by Dr. William W. Burgin, Jr. and INH is ordered if the chest x -ray is normal. Positive reactors picking up medication monthly must have a drug toxicity check and age appropriate lab with their monthly workup. Treatment for latent TB infection (LTBI) is provided without cost to the patient. 12. Describe your process for the review of ongoing contact investigations and your strategy to assess reasons for identification of fewer than three contacts for each case; for delays in interviewing cases or evaluating contacts, and low completion of preventive therapy for infected contacts. Staff meetings are held to identify when follow -up evaluations are due, problematic areas with DOT /DOPT, suspects /cases, and /or contacts. When problems are identified, additional assessment is done and solutions are presented. If necessary, additional consultation with the client and staff is scheduled. The client has the option to attend or not attend, a date is set to readdress the problem and update staff on progress. Contacts are educated on the importance of starting and completing preventive therapy if their skin test is positive. CCTBEP has staff to educate both in English and Spanish. 13. Describe your infection control procedures. All CCNCTBEP staff receive education related to personal respirators, when to wear the respirators and how to maintain them. Each staff member has been fit tested. CCNCTBEP has three (3) portable hepa filter units as needed. A mask is placed on anyone in the office that is coughing and the patient is immediately taken to an exam room with a hepa filter and UV light. Sputum is collected in a negative pressure chamber. CCNCTBEP has seven (7) UV lights installed in the clinic areas, the x -ray room, lobby and hallway over the clinic exit sign. Skin testing for TB staff is done every three months. To date, the five employees working in this program remain skin test negative and four have worked in the TB clinic more than ten years. 14. Describe plans to conduct targeted TB screening programs for high -risk populations. The CCNCTBEP staff has excellent working relationships with the homeless shelters, drug /alcohol treatment centers, jail and other adult and juvenile correctional facilities. We work closely with the indigent health clinic at Christus Spohn Memorial Hospital, high -risk maternity clinics, the Valley Aids Clinic and Coastal Bend Aids Foundation. The primary DOT provider speaks and writes fluent Spanish. Information is provided to Austin TB Surveillance through CCNCTBEP related to these targeted populations. 15. Describe your strategy to provide professional education and training programs for new and current TB staff. Professional education consists of the education and training of new employees and the continuing education of TB staff. Training is provided to all new employees within 60 days. Each new employee must receive 40 hours of TB education within the first 60 days of employment and 16 hours of training each year thereafter. This includes all staff involved in TB activities including physicians, nurses, investigators, outreach workers, data entry clerks, receptionists and other support staff. The TB education will be utilized when possible to provide workshops with continuing hours of education being documented. CDC's "Self Study Modules on Tuberculosis" are used in the initial training and the test given at the completion of the modules. Initial and follow -up training will include the suggested reading materials identified in the DSHS contract. A written plan will be developed for each new employee and addressed with the new staff member by the TB program manager, on the first day the employee spends in the TB clinic after City orientation, A time frame will be established for completing the initial education phase and a time frame will be established for acquiring the 16 hours of TB education needed yearly. The assessment of need will be done by the employee and program manager and the plan will be written yearly before the annual employee evaluation and reviewed quarterly with the employee by the program manager and a copy will be placed in their personal record and they will retain a copy for themselves. Staff will be instructed where the staff education notebook is kept and that they are responsible for recording each educational event and notifying the program manager if a workshop is cancelled and rescheduling is needed. A copy of DSHS Performance Standards for professional education will be given to each new employee at time of hire and to all other staff, and a copy will be placed in the TB Education Notebook for reference. 16. Describe your strategy to document the evaluation of immigrants and refugees with the following notifications: Class A; Class B1 — Pulmonary; Class B1 — Extrapulmonary; Class B2; Class B3, Class A applicants are first located and a home assessment is done. If small children are in the home, other living arrangements must be made. If needed, the client is transported to the TB clinic, sputum is collected, a record is opened, arrangements are made for a chest x -ray, explanations are given in the patient's language or in English and medications will be started per physician orders as what to expect, a personal and medical history is taken. The state TB elimination program is notified, client information and current status is given with the name of the airlines, the flight number, number of stops made by the plane where individuals either got on or off the plane and if the client changed planes. If unable to locate the client at the given address, if individuals are there, information will be requested as to where the individual has gone and a referral will be made to the local health department in that area to locate this individual for a comprehensive evaluation for tuberculosis. Class B1 pulmonary applicants must be located and provided a complete evaluation and education as above to determine if they have developed active disease. The same information as above needs to be collected to ensure if this person has or has not developed active disease so that all the people they travelled with can be notified and evaluated in a timely manner. Class B1 completed treatment applicants must be located, provided a chest x -ray, three consecutive sputum collected and travel information obtained if necessary, to inform the authorities and the airlines to locate contacts to the individual travelling on the planes. If the evaluation is negative, no additional testing is necessary at this time. Educate the client about TB and have them follow -up as needed. Educate on the signs and symptoms of TB. Class B1 extra - pulmonary and Class B2 LTBI applicants must be located and provided a complete work -up. Collect the necessary information, i.e., the airlines, in the event the client is active. Identify and obtain addresses of individuals the client was around prior to immigrating that might have had TB or could have been exposed. Educate the client to recognize signs and symptoms of Tuberculosis; treat with DOT if physician elects to treat. Class B3 contact applicants are given a TB skin test, if necessary, to complete the immigration process. If the TB skin test is positive a chest x -ray must be done to rule out tuberculosis. If the x -ray is negative, the applicant is given education in TB disease vs. infection, i.e., the advantages and possible side effects of the medication, length of treatment and that there is no guarantee that by taking the medication one will not get TB, as the TB skin test will always show positive even if the medication is taken. TEXAS DEPARTMENT OF STATE HEALTH SERVICES CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant. loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure. Signature Date Print Name of Authorized Individual 2013 - 041112 Application or Contract Number CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) Organization Name CSCU # EF29 -1 2374 - Revised 08.10,07 Fiscat Year 2013 Department of State Health Services Contract Generall Provisions (Core /Subrecipient) ARTICLE I Section 1.01 Section 1.02 Section L03 Section 1.04 Section 1.05 Section 1.06 Section 1.07 Section 1.08 Section 1.09 Section 1.10 Section 1.11 ARTICLE I1 Section 2.01 Section 2.02 Section 2.03 Section 2.04 Section 2.05 Section 2.06 Section 2.07 ARTICLE 111 Section 3.01 Section 3.02 Section 3.03 Section 3.04 Section 3.05 Section 3.06 ARTICLE IV Section 4.01 Section 4.02 Section 4.03 Section 4.04 Section 4.05 Section 4.06 ARTICLE V Section 5.01 Section 5.02 Section 5.03 Section 5.04 ARTICLE VI Section 6.01 Section 6.02 Section 6.03 ARTICLE VII Section 7.01 Section 7.02 COMPLIANCE AND REPORTING Compliance with Statutes and Rules. 5 Compliance with Requirements of Solicitation Document. 5 Reporting. 5 Client Financial Eligibility. Applicable Contracts Law and Venue for Disputes . .................................. ............................... 5 Applicable Laws and Regulations Regarding Funding Sources. ............... ..............................5 Statutes and Standards of General Applicability. ..................................... ............................... 6 Applicability of General Provisions to Interagency and lnterlocal Contracts................ ......... 7 Civil Rights Policies and Complaints. 8 Licenses, Certifications, Permits, Registrations and Approvals. 8 FundingObligation. SERVICES-............ .......... "ego ........................ pl.“000.000 ................................ ............ p•••••■•••,11.1,0”0•0100■1■• 9 Education to Persons in Residential Facilities. 9 Disaster Services. 9 Consent to Medical Care of a Minor. 9 '[elemedicinc Medical Services. 9 Fees for Personal Health Services 10 Cost Effective Purchasing of Medications. 10 Services and Information for Persons with Limited English Proficiency 10 FUNDING10 Debt to State and Corporate Status. 10 Application of Payment Due. 10 Useof Funds. ..........................................................<10 Use for Match Prohibited. ...... ........ . ......... ...................... ....... 11 ProgramIncome. 11 Nonsupplanting. 11 PAYMENT METHODS AND RE,STRIC'1'1ONS 11 Payment Methods. 11 BillingSubmission. 11 Final Billing Submission. 11 Working Capital Advance. 12 Financial Status Reports (FSRs) . .................. 12 ThirdParty Payors ..................................................................................... ............................... 12 TERMS AND CONDITIONS OF PAYMENT 12 Prompt Payment. 12 WithholdingPayments. 12 Condition Precedent to Requesting Payment. 13 Acceptance as Payment in Full. 13 ALLOWABLE COSTS AND AUDIT REQUIREMENTS 13 Allowable Costs. 13 Independent Single or Program- Specific Audit. 14 Submission of Audit. 14 CONFIDENTIALITY 15 Maintenance of Confidentiality. 15 Department Access to 1,111 and Other Confidential Information 15 General Provisions (Core Subrecipient) 2013 Rev. 7/12 1 Fiscal Year 20113 Department of State 1Ie lth Services Contract Ge erii Provisions (Core/Subrecipient) Section 7.03 Section 7.04 Section 7.05 ARTICLE VIII Section 8.01 ARTICLE IX Section 9.01 Section 9.02 Section 9.03 ARTICLE X Section 10.01 Section 10.02 Section 10.03 Section 10.04 Section 10.05 Section 10.06 Section 10.07 Section 10.08 Section 10.09 ARTICLE XI Section 11.01 Section 11.02 Section 11.03 Section 11.04 Section 11.05 Section 11.06 Section 11.07 ARTICLE XII Section 12.01 Section 12.02 Section 12.03 Section 12.04 Section 12.05 Section 12.06 Section 12.07 Section 12.08 Section 12.09 Section 12.10 Section 12.11 Section 12.12 Section 12.13 Section 12.14 Section 12.15 Section 12.16 Section 12.17 Section 12.18 Section 12.19 Section 12.20 Section 12.21 Exchange of Client - Identifying Information. ............................... 0 ........ . ...... ........ ..... 15 Security of Patient or Client Records. 15 111V/AIDS Model Workplace Guidelines. 15 RECORDS RETENTION.. ............ ........ ...................... . ...... . ...... ........ . ......... 15 Retention. 15 ACCESS AND INSPECTION.-...... I `i Access. ..................................................................................... ............................... 16 StateAuditor's Of ce . 16 Respondingto Deficiencies. 16 NOTICEREQUIREMENTS 17 ChildAbuse Reporting Requirement. ............ .......................................... ................,17 SignificantIncidents. 17 Litigation. 17 Action Against the Contractor. 17 Insolvency. 17 Misuse of Funds and Performance Malfeasance. 18 Criminal Activity and Disciplinary Action. 18 Retaliation Prohibited. 18 1)ocuinentation . 18 ASSURANCES AND CERTIFICATIONS 18 Certification. 18 Child Support Delinquencies. 19 Authorization. 19 Lifts and Benefits Prohibited. in connection with this Contract. 19 Ineligibility to Receive the Contract. 20 Antitrust. 20 Initiation and Completion of Work. ............. 0.0004,0401.0.70•0••••0000.00.00■000.0 20 GENERAL BUSINESS OPERATIONS OF CONTRACTOR 20 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. 20 Management and Control Systems. 21 Insurance, 21 Fidelity Bond. 21 LiabilityCoverage. 21 Overtime Compensation. 22 ProgramSite. 22 Cost Allocation Plan. 22 No Endorsement. 22 Historically Underutilized Businesses ( EIUBs) 22 Buy Texas. 23 Contracts with Subrecipient and Vendor Subcontractors. 23 Status of Subcontractors. 23 Incorporation of Terms in Subrecipient Subcontracts. 23 Independent Contractor. 24 Authority to Bind. 24 'Fax Liability. 24 Notice of Organizational Change. 24 Quality Management. 24 Equipment (Including Controlled Assets). 24 Supplies. 24 General Provisions (Core Subrecipient) 2013 Rev. 7/12 2 > � ➢ Yeau' 2013 Department of State Health Services Contract Genera! Provisions (Core/Subreedpient) Section 12.22 Changes to Equipment List. ...........................<.<.<,.,<.<....<...,......................... ........................,....25 Section 12.23 Property Inventory and Protection of Assets. ......................................... ............................... 25 Section12.24 Bankruptcy. ....... ........ .................. ..... ................................... . ......... 25 Section12.25 Title to Property. .......... ........ ..........<........................................ ..................... .... <. <......... ........ ..... 25 Section12.26 Property Acquisitions. ................................................................<...<......<...... .............................25 Section12.27 Disposition of Property. ................. ................................. ........... ............ ... ........<....................... 25 Section12.28 Closeout of Equipment. .......................<...«>26 Section 12.29 Assets as Collateral Prohibited. ..............................<.................................. .........,26 ARTICLE X111 GENERAL TERMS... ..... . ............ ...................... . ............. 26 Section13.01 Assign�nent ...................................................................................................,.< 26 Section 13.02 Lobbying. ..„................ . 26 Section13.03 Conllict of Interest. ........ ......... . ....... ......<.......<.....<......................................... ......... <. <........ <26 Section 13.04 Transactions Between Related Parties. .....<.<...<.....< ................................... ......................<27 Section13.05 Intellectual Property. ........................................<.<.<............<27 Section 13.06 Other Intangible Property. .......................................<.....<.......<28 Section 13.07 Severability and Ambiguity. ........................................................<28 Section13.08 Legal Notice. ....... ......... ...............<..................................................<............... ,28 Section13.09 Successors . ......................................................................................<28 Section13.10 Headings. ...................................................................................................<. .................<28 Section13.11 Parties. .............................................<.........................................................<. <28 Section 13.12 Survivability ol" Terms. ............................................................................... ..........<.<.<28 Section13.13 Direct Operation. .............................<..............<..........................................< ..,29 Section 13.14 Customer Service Information. 29 Section13.15 Amendment. ............<...................................<...........<.<........<29 Section 13.16 Contractor's Notification of Change to Certain Contract Provisions. 29 Section 13.17 Contractor's Request for Revision of Certain Contract Provisions. 29 Section 13.18 Immunity Not Waived. 30 Section 13.19 Hold Harmless and Indemnification. 30 Section13.20 Waiver. ........................................................................................................ ..........<...<30 Section 13.21 Electronic and Information Resources Accessibility and Security Standards. 30 Section13.22 Force Ma jeure . ...........................................................<31 Section13.23 Interim Contracts. 31 Section 13.24 Cooperation and Communication. 31 ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE 31 Section 14.01 Actions Constituting Breach of Contract. .............................................<.... .. <................ <31 Section14.02 General Remedies and Sanctions. ............................................................... ............... <... <32 Section14.03 Notice of Remedies or Sanctions. ................................................................ ............... <. <33 Section14.04 Emergency Action . .............................. .................<...<............ ............. ................. 34 ARTICLE XV CLAIMS AGAINST TIIE DEPARTMENT ..............................................<. .............................34 Section 15.01 Breach of Contract Claim. ..........< ................................................................ <............................34 Section 15.02 Notice. 34 Section 15.03 Sole Remedy. . 34 Section 15.04 Condition Precedent to Suit. ........................................................................ ....<.............. <34 Section 15.05 Performance Not Suspended. ...................................................................... ...................<34 ARTICLE XVI TERMINATION AND TEMPORARY SUSPENSIO N 35 Section 16.01 Expiration of Contract or Program Attachment(s). 35 Section 16.02 Effect of Termination. Contract. 35 Section 16.03 Acts Not Constituting Termination. .......................................................... ....... <..........,35 Section 16.04 'Termination or Temporary Suspension Without Cause. 35 Section 16.05 Termination For Cause. 36 General Provisions (Core Subrecipient) 2013 Rev. 7/12 3 Fiscal Year 2013 Department of State Health Services C General Provisions (Cone /Subrecipient) Section 16.06 ARTICLI? XVII Section 17.01 Section 17.02 Section 17.03 ARTICLE XVIII Section 18.01 Section 18.02 Section 18.03 Section 18.04 Section 18.05 a. 11t1°1ct Noticeof Termination . 37 VOID, SUSPENDED, AND TERMINATED) CONTRACTS 37 Void Contracts. 37 Effect of Void, Suspended, or Involuntarily Terminated Contract. 37 Appeals Rights. 37 CLOSEOUT 37 Cessation of Services At Closeout. 37 Administrative Offset. 37 Deadlinefor Closeout . 37 Paymentof Refunds. .......................................................................,.........< 38 Disallowancesand Adjustments. 38 General Provisions (Core Subrecipient) 2013 Rev. 7/12 4 ARTICLE 11 COMPLIANCE AND REPORTING Section 1.01 Compliance with Statutes and Rules. Contractor shall comply, and shall require its subcontractor(s) to comply, with the requirements of the Department's rules of general applicability and other applicable state and federal statutes, regulations, rules, and executive orders, as such statutes, regulations, rules, and executive orders currently exist and as they may be lawfully amended. The Department rules are located in the Texas Administrative Code, Title 25 (Rules), To the extent this Contract imposes a higher standard, or additional requirements beyond those required by applicable statutes, regulations, rules or executive orders, the terms of this Contract will control. Contractor further agrees that, upon notification from DSHS, Contractor shall comply with the terms of any contract provisions DS1-IS is required to include in its contracts under legislation effective at the time of the effective date of this Contract or during the term of this Contract. Section 1..02 Compliance with Requirements of Solicitation Document. Except as specified in these General Provisions or the Program Attachment(s), Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document, if any, (including any revised or additional terms agreed to in writing by Contractor and DSHS prior to execution of this Contract) for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon Contractor's response to the Solicitation Document. The Parties agree that any misrepresentation contained in Contractor's response to the Solicitation Document constitutes a breach of this Contract. Section 1.03 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and shall provide any other information requested by the Department in the format required by DSHS. Failure to submit any required report or additional requested information by the due date specified in the Program Attachment(s) or upon request constitutes a breach of contract, may result in delayed payment and /or the imposition of sanctions and remedies, and, if appropriate, emergency action; and may adversely affect evaluation of Contractor's future contracting opportunities with the Department. Section 1.04 Client Financial Eligibility. Where applicable, Contractor shall use financial eligibility criteria, financial assessment procedures and standards developed by the Department to determine client eligibility. Section 1.05 Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, this Contract will be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit will be Travis County, Texas. Section 1.06 Applicable Laws and Regulations Regarding Funding Sources. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget. (OMB) Circulars (as codified in Title 2 of the Code of Federal Regulations), the Uniform Grant and Contract M.anagernent Act of 1981 (UGMA), Tex. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and Support Services Division. UGMA and UGMS can be located through web links on the DSHS website at http: / /www.dshs. state .tx.us /contracts /links.shtm. Contractor also shall comply with all applicable federal and state assurances contained in UGMS, Part 111, State Uniform Administrative Requirements for Grants and Cooperative Agreements �' .14. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be General Provisions {Core Subrecipient) 2013 Rev. 7/12 5 located through web links on the DSHS website at htt ): / /www.dshs_state,tx.uslcontr -acts /liinks.shtm. For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Section 1.07 Statutes and Standards of General Applicability. Contractor is responsible for reviewing and complying with all applicable statutes, rules, regulations, executive orders and policies. To the extent applicable to Contractor, Contractor shall comply with the following: a) the following statutes, rules, regulations, and DSI-IS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: 1) Title VI of the Civil Rights Act of 1964, 42 USC §§H 2000d et seq.; 2) Title IX of the Education Amendments of 1972, 20 USC § i§ 1681 - 1683, and 1685-1686; 3) Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4) the Americans with Disabilities Act of 1990, 42 USC § §! 12101 et seq.; 5) Age Discrimination Act of 1975, 42 USC § i§ 6101 - 6107; 6) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC §! 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86 and 91; 8) U.S. Department of Labor, Equal Employment Opportunity E.O. 11246; 9) Tex. Lab. Code Chapter 21; 10) Food Stamp Act of 1977 (7 USC § 200 et seq.; 11) Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; 12) Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug abuse; 13) Public Health Service Act of 1912, § §: 523 and 527, 42 USC § . 290dd -2, and 42 CFR Part 2, relating to confidentiality of alcohol and drug abuse patient records; 14) Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 et seq., relating to nondiscrimination in housing; and 15) DSHS Policy AA -5018, Non - discrimination Policy for DSHS Programs; b) Immigration Reform and Control Act of 1986, 8 USC § 1324a, and Immigration Act of 1990, 8 USC 1101 et seq., regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; c) Pro - Children Act of 1994, 20 USC §§ 6081 -6084, and the Pro - Children Act of 2001, 20 USC § 7183, regarding the non -use of all tobacco products; d) National Research Service Award Act of 1971, 42 USC § §i 289a -1 et seq., and 6601 (PL 93 -348 and PL 103 -43), regarding human subjects involved in research; e) I-Iatch Political Activity Act, 5 USC §§ 3 ' 1501 -1508 and 7324 -28, which limits the political activity of employees whose employment is funded with federal funds; f) Fair Labor Standards Act, 29 USC §§ 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; g) Tex. Gov. Code Chapter 469, pertaining to eliminating architectural barriers for persons with disabilities; h) Texas Workers' Compensation Act, Tex. Lab. Code Chapters 401 -406 and 28 Tex. Admin. Code Part 2, regarding compensation for employees' injuries; i) The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; j) The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin. Code Chapter 96 regarding safety standards for handling blood borne pathogens; k) Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 1) environmental standards pursuant to the following: 1) Institution of environmental quality control measures under- the National Environmental Policy Act of 1969, 42 USC §§ 4321 -4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" 2) General Provisions (Core Subrecipient) 2013 Rev. 7/12 6 Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3) Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4) Evaluation of flood hazards in floodplains in accordance with Executive Order 11981, 42 Fed. Reg. 26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93 -234); 5) Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; 6) Federal Water Pollution Control Act, 33 USC §1251 et seq.; 7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f -300j; 8) Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 153 l et seq.; 9) Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC § §7401 et seq.; 10) Wild and Scenic Rivers Act of 1968 (16 USC §§ 1271 et seq,) related to protecting certain rivers system; and 1 1) Lead -Based Paint Poisoning Prevention Act (42 USC §§ 4801 et seq.) prohibiting the use of lead -based paint in residential construction or rehabilitation; rn) Intergovernmental Personnel Act of 1970 (42 USC § §4278 -4763) regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration (5 CFR Part 900, Subpart F); n) 'Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91 -646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally- assisted programs; o) Davis -Bacon Act (40 USC §§ 276a to 276a -7), the Copeland Act (40 U.S.C. § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC §§ 327 -333), regarding labor standards for federally- assisted construction suhagreements; p) National Historic Preservation Act of 1966, §106 (16 USC § 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a -1 et seq.) regarding historic property to the extent necessary to assist: DSHS in complying with the Acts; q) financial and compliance audits in accordance with Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non - Profit Organizations;" r) Trafficking Victims Protection Act of 2000, Section 106(g) (22 USC § 7104); s) Executive Order, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of the Contract; and t) requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. If this Contract is funded by a federal grant or cooperative agreement, additional state or federal requirements found in the Notice of Grant Award are imposed on Contractor and incorporated herein by reference. Contractor may obtain a copy of any applicable Notice of Grant Award from the contract manager assigned to the Program Attachment. Section 1.08 Applicability of General Provisions to Interagency and Interlocal Contracts. Certain sections or portions of sections of these General Provisions will not apply to Contractors that are State agencies or units of local government; and certain additional provisions will apply to such Contractors. a) The following sections or portions of sections of these General Provisions will not apply to interagency or interlocal contracts: 1) Hold Harmless and Indemnification, Section 13.19; 2) Independent Contractor, Section 12.15 (delete the third sentence in its entirety; delete the word "employees" in the fourth sentence; the remainder of the section applies); 3) Insurance, Section 12.03; 4) Liability Coverage, Section 12.05; 5) Fidelity Bond, Section 12.04; General Provisions (Core Subrecipient) 2013 Rev. 7/12 7 6) Historically Underutilized Businesses, Section 12.10 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity); 7) Debt to State and Corporate Status, Section 3.01; 8) Application of Payment Due, Section 3.02; and 9) Article XV Claims against the Department (This Article is inapplicable to interagency contracts only). b) The following additional provisions will. apply to interagency contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interagency Cooperation Act, Tex. Gov. Code Chapter 771; 2) The Parties hereby certify that (1) the services specified are necessary and essential for the activities that are properly within the statutory functions and programs of the affected agencies of State government; (2) the proposed arrangements serve the interest of efficient and economical administration of the State government; and (3) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of the State of Texas to be supplied under contract given to the lowest responsible bidder; and 3) DSIIS certifies that it has the authority to enter into this Contract granted in Tex. Health & Safety Code Chapter 1001, and Contractor certifies that it has specific statutory authority to enter into and perform this Contract. c) The following additional provisions will apply to intcrlocal contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Intcrlocal Cooperation Act, Tex. Gov. Code Chapter 791; 2) Payments made by DSHS to Contractor will. be from current revenues available to DSHS; and 3) Each Party represents that it has been authorized to enter into this Contract. d) Contractor agrees that Contract Revision Requests (pursuant to the Contractor's Request for Revision to Certain Contract Provisions section), when signed by a duly authorized representative of Contractor, will be effective as of the effective date specified by the Department, whether that date is prior to or after the date of any ratification by Contractor's governing body. Section I.09 Civil Rights Policies and Complaints. Upon request, Contactor shall provide the health and Human Services Commission (I-II-ISC) Civil Rights Office with copies of all Contractor's civil rights policies and procedures. Contractor shall notify HHSC's Office of Civil Rights of any civil rights complaints received relating to performance under this Contract no more than ten (10) calendar days after Contractor's receipt of the claim. Notice must be directed to — HI-ISC Civil Rights Office 701 W. 51st St., Mail Code W206 Austin, Texas 78751 Toll -free phone (888) 388 -6332 Phone (512) 438-4313 TTY Toll -free (877) 432 -7232 Fax (512) 438 -5885 Section 1.10 Licenses, Certifications, Permits, Registrations and Approvals. Contractor shall obtain and maintain all applicable licenses, certifications, permits, registrations and approvals to conduct its business and to perform the services under this Contract. Failure to obtain or any revocation, surrender, expiration, non - renewal, inactivation or suspension of any such license, certification, permit, registration or approval constitutes grounds for termination of this Contract or other remedies the Department deems appropriate. Contractor shall ensure that all its employees, staff and volunteers obtain and maintain in active status all licenses, certifications, permits, registrations and approvals required to perform their duties under this Contract General Provisions (Core Subrecipient) 2013 Rev. 7/12 8 and shall prohibit any person who does not hold a current, active required license, certification, permit, registration or approval from performing services under this Contract. Section 1.11 Funding Obligation. This Contract is contingent upon the availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment of the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce or terminate funding under this Contract. Notice of any restriction or reduction will include instructions and detailed information on how DSHS will fund the services and /or goods to be procured with the restricted or reduced funds. ARTICLE Ill SERVICES Section 2.01 Education to Persons in Residential Facilities. If applicable, Contractor shall ensure that all persons, who are housed in Department- licensed and/or - funded residential facilities and who are twenty -two (22) years of age or younger, have access to educational services as required by Tex, Educ. Code § 29.012. Contractor shall notify the local education agency or local early intervention program as prescribed by Tex. Educ. Code § 29.012 not later than the third calendar day after the date a person who is twenty -two (22) years of age or younger is placed in Contractor's residential facility. Section 2.02 Disaster Services. In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and /or bioterrorism events, declared as a state disaster by the Governor, or as a federal disaster by the appropriate federal official, Contractor may be called upon to assist DSI-IS in providing services, as appropriate, in the following areas: community evacuation; health and medical assistance; assessment of health and medical needs; health surveillance; medical care personnel; health and medical equipment. and supplies; patient evacuation; in- hospital care and hospital facility status; food, drug, and medical device safety; worker health and safety; mental health and substance abuse; public health information; vector control and veterinary services; and victim identification and mortuary services. Contractor shall carry out disaster services in the manner most responsive to the needs of the emergency, be cost - effective, and be least intrusive on Contractor's primary services, Section 2.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental, psychological or surgical treatment to a minor under this Contract, either directly or through contracts with subcontractors, Contractor shall not provide treatment of a minor unless informed consent to treatment is obtained pursuant to Tex. Dana. Code Chapter 32, relating to consent to treatment of a child by a non - parent or child or pursuant to other state law. If requirements of federal law relating to consent directly conflict with Tex. lam. Code Chapter 32, federal law supersedes state law. Section 2.04. Telemedicine Medical Services. Contractor shall ensure that if Contractor or its subcontractor uses telemedicine /telepsychiatry that the services are implemented in accordance with written procedures and using a protocol approved by Contractor's medical director and using equipment that complies with the equipment standards as required by the Department. Procedures for providing telemedicine service must include the following requirements: a) clinical oversight by Contractor's medical director or designated physician responsible for medical leadership; b) contraindication considerations for telemedicine use; c) qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d) safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e) use by credentialed licensed providers providing clinical care within the scope of their licenses; General Provisions (Core Subrecipient) 2013 Rev. 7/12 9 t) demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g) priority in scheduling the system for clinical care of individuals; h) quality oversight and monitoring of satisfaction of the individuals served; and i) management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemcdicine Medical Services does not include chemical dependency treatment services provided by electronic means under Rule § 448.911, Section 2.05 Fees for Personal j ealth Services. Contractor may develop a system and schedule of fees for personal health services in accordance with the provisions of Tex. Health 8z. Safety Code § 12.032, DSHS Rule §1.91 covering Fees for Personal Health Services, and other applicable laws or grant requirements. The amount of a fee must not exceed the actual cost of providing the services. No client may be denied a service due to inability to pay, Section 2.06 Cost Effective Purchasing of M.edications. lfinedications are funded under this Contract, Contractor shall make needed medications available to clients at the lowest possible prices and use the most cost effective medications purchasing arrangement possible. Section 2.07 Services and Information for Persons with Limited English Proficiency. Contractor shall take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency arc effectively informed and can have meaningful access to programs, benefits, and activities. Contractor shall identify and document on the client records the primary language /dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. Contractor shall snake every effort to avoid use of any persons under the age of eighteen (18) or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency, unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available, ARTICLE III FUNDING' Section 3.01 Debt to State and Corporate Staters. Pursuant to Tex. Gov. Code § 403.055, the Department will not approve and the State Comptroller will not issue payment to Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. Contractor, if a corporation, certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Tex. Tax Code §§ 171.001 et seq.). Contractor, if a corporation, further certifies that it is and will remain in good standing with the Secretary of State's office. A false statement regarding franchise tax or corporate status is a material breach of this Contract. if franchise tax payments become delinquent during the Contract terra, all or part of the payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full. Section 3.02 Application of Payment Due. Contractor agrees that any payments due under this Contract will be applied towards any debt of Contractor, including but not limited to delinquent taxes and child support that is owed to the State of Texas. Section 3.03 Use of Funds. Contractor shall expend Department funds only for the provision of approved services and for reasonable and allowable expenses directly related to those services. General Provisions (Core Subrecipicnt) 2013 Rev. 7/12 10 Section 3.04 Use for Match Prohibited. Contractor shall not use funds provided through this Contract for matching purposes in securing other funding unless directed or approved by the Department in writing. Section 3.0.5 Program Income. Gross income directly generated from Department funds through a project. or activity performed under a Program Attachment and /or earned only as a result of a Program Attachment during the term of the Program Attachment are considered program income. Unless otherwise required under the terms of the grant funding this Contract, Contractor shalt use the addition alternative, as provided in UGMS § ,25 {g)(2), for the use of program income to further the program objectives of the state or federal statute under which the Program Attachment was made, and Contractor shall spend the program income on the same Program Attachment project in which it was generated. Contractor shall identify and report this income in accordance with the Compliance and Reporting Article of these General Provisions, the Contractor's Financial Procedures Manual located at httu: / /www.dshs. state .tx.us /contracts /cfpm_shtni and the provisions of the Program Attachment(s). Contractor shall expend program income during the Program Attachment term and may not carry forward to any succeeding term. Contractor shall refund program income not expended in the term in which it is earned to DSI -IS. DSHS may base future funding levels, in part, upon Contractor's proficiency in identifying, billing, collecting, and reporting program income, and in using it for the purposes and under the conditions specified in this Contract. Section 3.06 Nonsupplanting. Contractor shall not supplant (i.e., use funds from this Contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this Contract) but rather shall use funds from this Contract to supplement existing state or local funds currently available for a particular activity. Contractor shall make a good faith effort to maintain its current level of support. Contractor may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE 1V PAYMENT METHODS AND RESTRICTIONS Section 4.01 Payment Methods. Except as otherwise provided by the provisions of the Program Attachment(s), the payment method for each Program Attachment will be one of the following methods: a) cost reimbursement, This payment method is based on an approved budget in the Program Attachment(s) and acceptable submission of a request for reimbursement; or b) unit rate /fee- for - service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service, as stated in the Program Attachment(s) and acceptable submission of all required documentation, forms and /or reports. Section 4.02 Billing Submission. Contractors shall bill the Department in accordance with the Program Attachment(s) in the form and format prescribed by DSI:IS. Unless otherwise specified in the Program Attachment(s) or permitted under the Third Party Payors section of this Article, Contractor shall submit requests for reimbursement or payment monthly by the last business day of the month following the end of the month covered by the bill. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. Section 4.03 Final Billing Submission. Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close -out bill not later than sixty (60) calendar days following the end of the term of the Program Attachment for goods received and services rendered during the term. If necessary to meet this deadline, Contractor may submit reimbursement or payment requests by facsimile transmission. Reimbursement or payment requests received in DSI -IS's offices more than sixty (60) calendar days following the end of the applicable term will not be paid. Consideration of requests for an exception will be made on a case -by -case basis, subject to the availability of funding, and only for an extenuating circumstance, such as a catastrophic event, natural disaster, or criminal activity that substantially General Provisions {Core Subrecipient) 2013 Rev. 7/12 11 interferes with normal business operations or causes damage or destruction of a place of business and/or records. A written statement describing the extenuating circumstance and the last request for reimbursement must be submitted for review and approval to the DSHS Accounting Section. Section 4,04 Working Capital Advance. If allowed under this Contract, a single one -time working capital advance per terra of the Program Attachment may be granted at the Department's discretion. Contractor must submit documentation to the contract manager assigned to the Program Attachment to justify the need for a working capital advance. Contractor shall liquidate the working capital advance as directed by the Department. The requirements for the documentation justifying the need for an advance and the directions for liquidating the advance are found in the Contractor's Financial Procedures Manual located at http: / /www.dshs. state .tx.us /contracts /cfpm.shtm. Section 4.05 Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of the Program Attach.ment(s), for contracts with categorical budgets, Contractor shall submit. quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Program Attachment term for Department review and financial assessment. Contractor shall submit the final FSR no later than sixty (60) calendar days following the cnd of the applicable term. Section 4.06 Third Party Payors. A third party payor is any person or entity who has the legal responsibility for paying for all or part of the services provided. Third party payors include, but are not limited to, commercial health or liability insurance carriers, Medicaid, or other federal, state, local, and private funding sources. Except as provided in this Contract, Contractor shall screen all clients and shall not bill the Department for services eligible for reimbursement from third party payors. Contractor shall (a) enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs, and bill those programs for the covered services; (b) provide assistance to ndividuals to enroll in such programs when the screening process indicates possible eligibility for such programs; (c) allow clients who are otherwise eligible for Department services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the Department for the deductible; (d) not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted, in which case the thirty (30) -day requirement in the Billing Submission section will be extended until all such appeals have been exhausted; (e) maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; ( f) bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and (g) provide third party billing functions at no cost to the client. ARTICLE V TERMS AND CONDITIONS OF PAYMENT Section 5.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department will pay Contractor. Payments and reimbursements are contingent upon a signed Contract and will not exceed the total amount of authorized funds under this Contract, Contractor is entitled to payment or reimbursement only if the service, work, and /or product has been authorized by the Department and performed or provided pursuant to this Contract. If those conditions are met, Department will make payment in accordance with the Texas prompt payment law (Tex. Gov. Code Chapter 2251). Contractor shall comply with Tex. Gov, Code Chapter 2251 regarding its prompt payment obligations to subcontractors. Payment of invoices by the Department will not constitute acceptance or approval of Contractor's performance, and all invoices and Contractor's performance are subject to audit or review by the Department. Section 5.02 Withholding Payments. Department may withhold all or part of any payments to Contractor to offset reimbursement for any ineligible expenditures, disallowed costs, or overpayments that Contractor has not refunded to Department, or if financial status report(s) required by the Department are not submitted by the General Provisions (Core Subrecipient) 2013 Rev. 7/12 12 date(s) due. Department may talk repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Section 5.03 Condition Precedent to Requesting Payment, Contractor shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including any advance payments from Department. Section 5.04 Acceptance as Payment in Full. Except as permitted in the Fees for Personal Health Services section of the Services Article of these General Provisions or under 25 Tex. Admin. Code § 444.413, Contractor shall accept reimbursement or payment from DSIIS as payment in full for services or goods provided to clients or participants, and Contractor shall not seek additional reimbursement or payment for services or goods from clients or participants or charge a fee or make a profit with respect to the Contract. A fee or profit is considered to be an amount in excess of actual allowable costs that are incurred in conducting an assistance program. ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 6.01 Allowable Costs. For services satisfactorily performed, and sufficiently documented, pursuant to this Contract, DSHS will reimburse Contractor for allowable costs. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall return the funds to DSHS within thirty (30) calendar days of the date of this written notice. DSFIS may withhold all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSI -IS, or if financial status report(s) required under the Financial Status Reports section are not submitted by the due date(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include- Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A -87 (2 CFR, Part 225) OMB Circular A -133 and UGMS UGMS, OMB Circular A -102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A -21 (2 CFR, Part 220) OMB Circular A -133 OMB Circular A. -110 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non - Profit Organizations OMB Circular A -122 (2 CFR, Part 230) OMB Circular A -133 and UGMS UGMS; OMB Circular A -110 (2 CFR, Part 215) and applicable Federal awarding agency common rule For- profit Organization other than a hospital and an organization named 48 CFR Part 31, Contract Cost Principles OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule General Provisions (Core Subrecipient) 2013 Rev. 7/12 13 in OMB Circular A -122 Procedures, or (2 CFR Part, 230) as not uniform cost subject to that circular. accounting standards that comply with cost principles acceptable to the federal or state awarding agency A chart of applicable Federal awarding agency eornrrron rules is located through a weblink on the DSHS websitc at http: / /www.dshs.state.tx.us /contracts /links.shtm. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent. requirement in the event of a conflict. Section 6.02 Independent Single or .)Program - Specific Audit. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in federal funds awarded, Contractor shall have a single audit or program - specific audit in accordance with the Office of Management and Budget (OMB) Circ. No. A -133, the Single Audit Act of 1984, P L 98 -502, 98 Stat. 2327, and the Single Audit Act Amendments of 1996, P L 104 -156, 110 Stat. 1396. The 8500,000 federal threshold amount includes federal funds passed through by way of state agency awards. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in state funds awarded, Contractor must have a single audit or program- specific audit in accordance with UG.MS, State of Texas Single Audit Circular, For- profit Contractors whose expenditures meet or exceed the federal and /or state expenditure thresholds stated above shall follow the guidelines in OMB Circular A -133 or UGMS, as applicable, for their program - specific audits. The HI-ISC Office of Inspector General (OIG) will notify Contractor to complete the Single Audit Status Registration Form. If Contractor fails to complete the Single Audit Status Form within thirty (30) calendar days after notification by 010 to do so, Contractor shall be subject to DSIIS sanctions and remedies for non- compliance with this Contract. The audit must be conducted by an independent certified public accountant and in accordance with applicable 0M13 Circulars, Government Auditing Standards, and UGMS, which is accessible through a web link on the DSI-IS website at http: / /www.dshs. state. tx .us /contracts /links.shtrn. Contractor shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. Contractor, unless Contractor is a state governmental entity, shall competitively re- procure independent single audit services at least every five (5) years. Section 6.03 Submission of Audit. Within thirty (30) calendar days of receipt of the audit reports required by the Independent Single or Program- Specific Audit section, Contractor shall submit one copy to the Department's Contract Oversight and Support Section, and one copy to the 010, at the following addresses: Department of State Health Services Contract Oversight and Support, Mail Code 1326 P.0, Box 149347 Austin, Texas 78714 -9347 Health and Human Services Commission Office of Inspector General Compliance /Audit, Mail Code 1326 P.O. Box 85200 Austin, Texas 78708 -5200 If Contractor fails to subunit the audit report as required by the Independent Single or Program- Specific Audit section within thirty (30) calendar days of receipt. by Contractor of an audit report, Contractor shall be subject to DSH:S sanctions and remedies for non - compliance with this Contract. General Provisions (Core Subrecipient) 2013 Rev. 7/12 14 ARTICLE VII. CONFIDENTIALITY Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract, including patient and client records that contain protected health information (P111), and any other information that discloses confidential personal information or identifies any client served by DSHS, in accordance with applicable federal and state laws, rules and regulations, including but not limited to 7 CFR Part 246; 42 CFR Part 2; 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act [IIIPAA]); Tex, health & Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611, and 773; and Tex. Occ. Code Chapters 56 and 159 and all applicable rules and regulations. Section 7.02 Department Access to P i1 and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI and other confidential information under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program, and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 7.03 Exchange of Client4dentifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Tex. Health & Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other applicable laws or rules. Contractor shall disclose information described in Tex. Health & Safety Code 614.017(a)(2) relating to special needs offenders, to an agency described in Tex. Health & Safety Code § 614.017(e) upon request of that agency, unless Contractor documents that the information is not allowed to he disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor shall maintain patient and client records in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient and client records. Department may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon termination of this Contract. or a Program Attachment to this Contract, as applicable, or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSIIS upon termination of this Contract or a Program Attachment to this Contract, as applicable, or if care or treatment is transferred to another DSI1S- funded contractor. Section 7.05 HIV /AIDS Model Workplace Guidelines. If providing direct client care, services, or programs, Contractor shall implement Department's policies based on the HIV /AIDS (human immunodeficiency virus /acquired immunodeficiency syndrome) Model Workplace Guidelines for Businesses, State Agencies, and State Contractors, Policy No. 090.021, and Contractor shall educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Tex. Health & Safety Code 85.1 12--1 14. A link to the Model Workplace Guidelines can be found at http: //www.dshs. state. tx. us /hivstdlpolicv /pol ieies.shtr. ARTICLE VIII RECORDS RETENTION Section 8.01 Retention. Contractor shall retain records in accordance with applicable state and federal statutes, rules and regulations. At a minimum, Contractor shall retain and preserve all other records, including financial records that are generated or collected by Contractor under the provisions of this Contract, for a period of four (4) years after the termination of this Contract. If services arc funded through Medicaid, the General Provisions (Core Subrecipient) 2013 Rev. 7/12 15 federal retention period, if more than four (4) years, will apply. Contractor shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit are resolved. Legal requirements for Contractor may extend beyond the retention schedules established in this section. Contractor shall retain medical records in accordance with Tex. Admin. Code Title 22, Part 9, § 165.1(b) and (c) or other applicable statutes, rules and regulations governing medical information. Contractor shall include this provision concerning records retention in any subcontract it awards. If Contractor ceases business operations, it shall ensure that records relating to this Contract are securely stored and are accessible by the .Department upon Department's request for at least four (4) years from the date Contractor ceases business or from the date this Contract terminates, whichever is sooner. Contractor shall provide, and update as necessary, the name and address of the party responsible for Storage of records to the contract manager assigned to the Program Attachment. ARTICLE IX ACCESS AND INSPECTION Section 9.01 Access. In addition to any right of access arising by operation of law, Contractor, and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, including the Comptroller General of the United States, OIG, and the State Auditor's Office (SAO), unrestricted access to and the right to examine any site where business is conducted or client services are performed, and all records (including financial records, client and patient records, if any, and Contractor's personnel records and governing body personnel records), books, papers or documents related to this Contract; and the right to interview members of Contractor's governing body, staff, volunteers, participants and clients concerning the Contract, Contractor's business and client services. If deemed necessary by the Department or the 01G, for the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract. The Department and H4-ISC will have the right to audit billings both before and after payment, and all documentation. that substantiates the billings. Payments will not foreclose the right of Department and HI -ISC to recover excessive or illegal payments. Contractor shall make available to the Department information collected, assembled or maintained by Contractor relative to this Contract for the Department to respond to requests that it receives under the Public Information Act. Contractor shall include this provision concerning the right of access to, and examination of sites and information related to this Contract in any subcontract it awards. Section 9.02 State Auditor's Office. Contractor shall, upon request, make all records, books, papers, documents, or recordings related to this Contract available for inspection, audit, or reproduction during normal business hours to any authorized representative of the SAO. Contractor understands that the acceptance of funds under this Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested, and providing access to any information the SAO considers relevant to the investigation or audit. The SAO's authority to audit funds will apply to Contract funds disbursed by Contractor to its subcontractors, and Contractor shall include this provision concerning the SAO's authority to audit and the requirement to cooperate, in any subcontract Contractor awards. Section 9.03 Responding to Deficiencies. Any deficiencies identified by DSHS or I-IIISC upon examination of Contractor's records or during an inspection of Contractor's site(s) will be conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSI -IS, a resolution to the deficiency identified in a site inspection, program review or management or financial audit to the satisfaction of DSHS or, if directed by DSHS, a corrective action plan to resolve the deficiency. A DSHS or HHSC determination of General Provisions (Core Subrecipient) 2013 Rev. 7/12 l6 either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non - Compliance Article of these General Provisions. ARTICLE X NOTICE REQUIREMENTS Section 10.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: Human Immunodeficiency Virus /Sexually Transmitted Diseases (HIV /STD); Family Planning (Titles V, X and XX); Primary Health Care; Maternal and Child Health; and Women, Infants and Children (WIC) Nutrition Services. Contractor shall make a good faith effort to comply with child abuse reporting guidelines and requirements in Tex. Fain. Code Chapter 261 relating to investigations of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors /Providers and train all staff on reporting requirements. Contractor shall use the DSI-IS Child Abuse Reporting Form as required by the Department located at wvlw.dshs. state. tx. us /childabusereportipg. Contractor shall retain reporting documentation on site and make it available for inspection by DSHS. Section 10.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor shall report to the contract: manager assigned to the .Program Attachment significant incidents involving substantial disruption of Contractor's program operation, or affecting or potentially affecting the health, safety or welfare of Department- funded clients or participants within seventy -two (72) hours of discovery. Section 10.03 Litigation. Contractor shall notify the contract manager assigned to the Program Attachment of litigation related to or affecting this Contract and to which Contractor is a party within seven (7) calendar days of becoming aware of such a proceeding. This includes, but is not limited to an action, suit or proceeding before any court or governmental body, including environmental and civil rights matters, professional liability, and employee litigation. Notification must include the names of the parties, nature of the litigation and remedy sought, including amount of damages, if any. Section 10.04 Action Against the Contractor. Contractor shall notify the contract manager assigned to the Program Attachment if Contractor has had a contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within three (3) working days of the suspension or termination. Such notification must include the reason for such action; the name and contact information of the local, state or federal department or agency or entity; the date of the contract; and the contract or case reference number. If Contractor, as an organization, has surrendered its license or has had its license suspended or revoked by any local, state or federal department or agency or non - profit entity, it shall disclose this information within three (3) working days of the surrender, suspension or revocation to the contract manager assigned to the Program Attachment: by submitting a one -page description that includes the reason(s) for such action; the name and contact information of the local, state or federal department or agency or entity; the date of the license action; and a license or case reference number. Section 10.05 Insolvency. Contractor shall notify in writing the contract manager assigned to the Program Attachment of Contractor's insolvency, incapacity, or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (TWC) within three (3) working days of the date of determination that Contractor is insolvent or incapacitated, or the date Contractor discovered an unpaid obligation to the IRS or TWC. Contractor shall notify in writing the contract manager assigned to the Program General Provisions (Core Subrecipient) 2013 Rev. 7/12 17 Attachment of its plan to seek bankruptcy protection within three (3) working days of such action by Contractor's governing body. Section 10.06 Misuse of Funds and Performance Malfeasance. Contractor shall report to the contract manager assigned to the Program Attachment, any knowledge of debarment, suspected fraud, program abuse, possible illegal expenditures, unlawful activity, or violation of financial laws, rules, policies, and procedures related to performance under this Contract. Contractor shall make such report no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Additionally, if this Contract is federally funded by the Department of Health and Human Services (HHS), Contractor shall report any credible evidence that a principal, employee, subcontractor or agent of Contractor, or any other person, has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. Contractor shall make this report to the SAO at http: / /sao.fraud.state.tx.us, and to the IIH.S Office of Inspector General at http: / /www.oighhs.gov /fraud /hotline/ no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Section 10.07 Criminal Activity and Disciplinary Action. Contractor affirms that no person who has an ownership or controlling interest in the organization or who is an agent or managing employee of the organization has been placed on community supervision, received deferred adjudication, is presently indicted for or has been convicted ofa criminal offense related to any financial matter, federal or state program or felony sex crime. Contractor shall notify in writing the contract manager assigned to the Program Attachment if it has reason to believe Contractor, or a person with ownership or controlling interest in the organization or who is an agent or managing employee of the organization, an employee or volunteer of Contractor, or a subcontractor providing services under this Contract has engaged in any activity that would constitute a criminal offense equal to or greater than a Class A misdemeanor or if such activity would reasonably constitute grounds for disciplinary action by a state or federal regulatory authority, or has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall make the reports required by this section no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Contractor shall not permit any person who engaged, or was alleged to have engaged, in an activity subject to reporting under- this section to perform direct client services or have direct contact with clients, unless otherwise directed by DSHS. Section 10,08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to the Department, another state agency, or any federal, state or local law enforcement official. Section 10.09 Documentation. Contractor shall maintain appropriate documentation of all notices required under these General Provisions, ARTICLE X1 ASSURANCES AND CERTIFICATIONS Section 11.01 Certification. Contractor certifies by execution of this Contract to the following: a) it is not disqualified under 2 CFR §376.935 or ineligible for participation. in federal or state assistance programs; h) neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency in accordance with 2 CFR Parts 376 and I80 (parts A -1), 45 CFR Part 76 (or comparable federal regulations); c) it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; General Provisions (Core Subrecipient) 2013 Rev. 7/12 18 d) it is not subject to an outstanding judgment in a suit against. Contractor for collection of the balance of a debt; e) it is in good standing with all state and/or federal agencies that have a contracting or regulatory relationship with Contractor; f) that no person who has an ownership or controlling interest in Contractor or who is an agent or managing employee of Contractor has been convicted of a criminal offense related to involvement in any program established under Medicare, Medicaid, or a federal block grant; g) neither it nor its principals have within the three(.) -year period preceding this Contract, has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a private or public (federal, state or local) transaction or contract under a private or public transaction, violation of federal or state antitrust statutes {including those proscribing price - fixing between competitors, allocation of customers between competitors and bid - rigging), or cornrnission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or false claims, tax evasion, obstruction of justice, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h) neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with the commission of any of the offenses enumerated in subsection g) of this section; and i) neither it, nor its principals within a three(3) -year period preceding this Contract has had one or more public transaction (federal, state or local) terminated for cause or default. Contractor shall include the certifications in this Article, without modification (except as required to make applicable to the subcontractor), in all subcontracts and solicitations for subcontracts. Where Contractor is unable to certify to any of the statements in this Article, Contractor shall submit an explanation to the contract manager assigned to the Program Attachment. If Contractor's status with respect to the items certified in this Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Program Attachment. Section 11.02 Child Support Delinquencies. As required by Tex. Fam. Code § 231.006, a child support obligor who is more than thirty (30) calendar days delinquent in paying child support. and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least twenty -five percent (25%) is not eligible to receive payments from state funds under a contract to provide property, materials, or services or receive a state - funded grant or loan. If applicable, Contractor shall maintain its eligibility to receive payments under this Contract, certifies that it is not ineligible to receive the payments specified in this Contract, and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. Section 11.03 Authorization. Contractor certifies that it possesses legal authority to contract for the services described in this Contract and that a resolution, motion or similar action has been duly adopted or passed as an official act of Contractor's governing body, authorizing the binding of the organization under this Contract including all understandings and assurances contained in this Contract, and directing and authorizing the person identified as the authorized representative of Contractor to act in connection with this Contract and to provide such additional information as may be required. Section 1 1.04 Gifts and Benefits Prohibited. Contractor certifies that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, present or future employment, gift, loan, General Provisions (Core Subrecipient) 2013 Rev. 7/12 19 gratuity, special discount, trip, favor, service or anything of monetary value to a DS1-iS or t- 1t-1.SC official or employee in connection with this Contract. Section 11.05 Ineligibility to Receive the Contract. (a) Pursuant to Tex. Gov. Code § 2155.004 and federal law, Contractor is ineligible to receive this Contract if this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements, statement(s) of work or Solicitation Document on which this Contract is based. Contractor certifies that neither Contractor, nor its employees, nor anyone acting for Contractor has received compensation from DSHS for participation in the development, drafting or preparation of specifications, requirements or statement(s) of work for this Contract or in the Solicitation Document on which this Contract is based; (b) pursuant to Tex. Gov. Code §§ 2155.006 and 2261.053, Contractor is ineligible to receive this Contract, if Contractor or any person who would have financial participation in this Contract has been convicted of violating federal law, or been assessed a federal civil or administrative penalty, in connection with a contract awarded by the federal government for relief, recovery or reconstruction efforts as a result of Hurricanes Rita or Katrina or any other disaster occurring after September 24, 2005; (c) Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract under Tex. Gov. Code §§ 2155.004, 2155.006 or 2261.053, and acknowledges that this Contract may be terminated and payment withheld if these certifications are inaccurate. Section 11.06 Antitrust, Pursuant to 15 USC § 1, et seq. and Tex. Bus. & Comm. Code § 15.01, et seq. Contractor certifies that neither Contractor, nor anyone acting for Contractor has violated the antitrust laws of this state or federal antitrust laws, nor communicated directly or indirectly regarding a bid with any competitor or any other person engaged in Contractor's line of business for the purpose of substantially lessening competition in such line of business. Section 11.07 Init',ation and Completion of Work. Contractor certifies that it shall initiate and complete the work under this Contract within the applicable time frame prescribed in this Contract. ARTICLE XII GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 12.01 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. Contractor and its governing body shall bear full responsibility for the integrity of the fiscal and programmatic management of the organization. This provision applies to all organizations, including Section 501(c)(3) organizations as defined in the Internal Revenue Service Code as not - for - profit organizations. Bach member of Contractor's governing body shall be accountable for all funds and materials received from Department. The responsibility of Contractor's governing body shall also include accountability for compliance with Department Rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self - evaluation and Department's monitoring processes. Further, Contractor's governing body shall ensure separation of powers, duties, and functions of governing body members and staff. Staff members, including the executive director, shall not serve as voting members of Contractor's governing body. No member of Contractor's governing body, or officer or employee of Contractor shall vote for, confirm or act to influence the employment, compensation or change in status of any person related within the second degree of affinity or the third degree of consanguinity (as defined in Tex. Gov. Code Chapter 573) to the member of the governing body or the officer or any employee authorized to employ or supervise such person. This prohibition does not prohibit the continued employment of a person who has been continuously employed for a period of two (2) years prior to the election, appointment or employment of the officer, employee, or governing body member related to such person in the prohibited degree. These restrictions also apply to the governing body, officers and employees of Contractor's General Provisions (Core Subreci.picnt) 2013 Rev. 7/12 20 subcontractors. Ignorance of any Contract provisions or other requirements contained or referred to in this Contract will not constitute a defense or basis for waiving or appealing such provisions or requirements. Section 12.02 Management and Control Systems. Contractor shall comply with all the requirements of the Department's Contractor's Financial Procedures Manual, and any of its subsequent amendments, which is available at the Department's web site: lrttp: / /w`,vw.dshs.state.tx.us /contracts /c[pm.shtm. Contractor shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications arc met. Contractor shall develop, implement, and maintain - inancial management and control systems that meet or exceed the requirements of UGMS and adhere to procedures detailed in Department's Contractor's Financial Procedures Manual. Those requirements and procedures include, at a minimum, the following: a) financial planning, including the development of budgets that adequately reflect alI functions and resources necessary to carry out authorized activities and the adequate determination of costs; b) financial management systems that include accurate accounting records that are accessible and identify the source and application of funds provided under each Program Attachment of this Contract, and original source documentation substantiating that costs are specifically and solely allocable to the Program Attachment and are traceable from the transaction to the general ledger; and c) effective internal and budgetary controls; comparison of actual costs to budget; determination of reasonableness, allowableness, and allocabi]ity of costs; timely and appropriate audits and resolution of any findings; billing and collection policies; and a mechanism capable of billing and making reasonable efforts to collect from clients and third parties. Section 12.03 insurance. Contractor shall maintain insurance or other means of repairing or replacing assets purchased with Department funds. Contractor shall repair or replace with comparable equipment any such equipment not covered by insurance that is lost, stolen, damaged or destroyed. If any insured equipment purchased with DSHS funds is lost, stolen, damaged or destroyed, Contractor shall notify the contract manager assigned to the Program Attachment to obtain instructions whether to submit and pursue an insurance claim. Contractor shall use any insurance proceeds to repair the equipment or replace the equipment with comparable equipment or remit the insurance proceeds to DSIIS. Section 12.04 fidelity Bond. For the benefit of DSI1S, Contractor is required to carry a fidelity bond or- insurance coverage equal to the amount of funding provided under this Contract up to $ 100,000 that covers each employee of Contractor handling funds under this Contract, including person(s) authorizing payment of such funds. The fidelity bond or insurance must provide for indemnification of losses occasioned by (I) any fraudulent or dishonest act or acts committed by any of Contractor's employees, either individually or in concert with others, and /or (2) failure of Contractor or any of its employees to perform faithfully his /her duties or to account properly for all monies and property received by virtue of his /her position or employment. The bond or insurance acquired under this section must include coverage for third party property. Contractor shall notify, and obtain prior approval from, the DSIIS Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance. Section 12.05 Liability Coverage. For the benefit of DSHS, Contractor shall at all times maintain liability insurance coverage, referred to in Tex. Gov. Code § 2261.102, as "director and officer liability coverage" or similar coverage for all persons in management or governing positions within Contractor's organization or with management or governing authority over Contractor's organization (collectively "responsible persons "). Contractor shall maintain copies of liability policies on site for inspection by DSHS and shall submit. copies of policies to DSI1S upon request. This section applies to entities that are organized as non -profit corporations under the Texas Non -Profit Corporation Act; for - profit corporations organized under the "Texas Business Corporations Act; and any other legal entity. Contractor shall maintain liability insurance coverage in an amount not less than the total value of this Contract and that is sufficient to protect the interests of Department General Provisions (Core Subrecipient) 2013 Rev. 7/12 21 in the event an actionable act or omission by a responsible person damages Department's interests. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the insurance. Section 12.06 Overtime Compensation. Except as provided in this section, Contractor shall not use any of the fluids provided by this Contract to pay the premium portion of overtime. Contractor shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion of overtime only under thc following conditions: 1) with the prior written approval of DSIIS; 2) temporarily, in the case of an emergency or an occasional operational bottleneck; 3) when employees are performing indirect functions, such as administration, maintenance, or accounting; 4) in performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or 5) when lower overall cost to DSHS will result. Section 12.07 Program Site. Contractor shall provide services only in locations that are in compliance with all applicable local, state and federal zoning, building, health, fire, and safety standards. Section 12.08 Cost Allocation Plan. Contractor shall submit a Cost Allocation Plan in the format provided in the Department's Contractor's Financial Procedures Manual to the Department's Contract Oversight and Support Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714 -9347, or by email to niailto :coscap�),dshs.state.tx.us no later than the 60'h calendar day after the effective date of the Contract, except when a Contractor has a current Cost Allocation Plan on file with the Department. Contractor shall implement and follow thc applicable Cost Allocation Plan. If Contractor's plan is the same as the plan previously submitted to DSHS, by signing this Contract, Contractor certifies that its current Cost Allocation Plan for the current year is the same as the plan previously submitted. If the Cost Allocation Plan changes during the Contract term, Contractor shall submit a new Cost Allocation Plan to the Contract Oversight and Support Section within thirty (30) calendar days after the effective date of the change. Cost Allocation Plans must comply with the guidelines provided in the Department's Contractor's Financial Procedures Manual located at htp: / /www.dshs. state .t.x.us /contracts /cfpm.shtm.. Section 12.09 No Endorsement. Other than stating the fact that Contractor has a contract with DSHS, Contractor and its subcontractors are prohibited from publicizing the contractual relationship between Contractor and DSI-IS, and from using the Department's name, logo or website link in any manner that is intended, or that could be perceived, as an endorsement or sponsorship by DSHS or the State of Texas of Contractor's organization, program, services or product, without the express written consent of DSHS. Section 12.10 Historically Underutilized Businesses (HUBs). If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is permitted under this Program Attachment, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBs in accordance with Tex. Gov. Code Chapter 2161 and 34 Tex. Admin. Code § 20.10 et seq. Contractors may obtain a list of HUBs at http: / /www. window .state.tx.us /I?rocurement /prog /huh. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval from the Department's HUB Coordinator of the revised plan before proposed changes will. be effective under this Contract. Contractor shall make a good faith effort to subcontract with HUBS during the performance of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the 15th day of each month for the prior month's activity, if there was any such activity, in accordance with 34 Tex. Admin. Code § 20.16(b). General Provisions (Core Subrecipient) 2013 Rev, 7/12 22 Section 12.1 I Buy Texas. Contractor shall purchase products and materials produced in Texas when the products and materials are available at a price and time comparable to products and materials produced outside of Texas as required by Tex. Gov. Code § 2155.4441. Section 12.12 Contracts with Subrecipient and Vendor Subcontractors. Contractor may enter into contracts with subrecipicnt subcontractors unless restricted or otherwise prohibited in a specific Program Attachment(s). Prior to entering into a subrecipicnt agreement equaling or exceeding $100,000, Contractor shall obtain written approval from DSIIS. Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. Contractor shall monitor subrecipient subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by DSHS. Contractor shall ensure that subcontractors are fully aware of the requirements placed upon them by state /federal statutes, rules, and regulations and by the provisions of this Contract. Contracts with all subcontractors, whether vendor or subrecipicnt, must be in writing and include the following: a) name and address of'all parties and the subcontractor's Vendor Identification Number (VIN) or Employee Identification Number (E1N); b) a detailed description of the services to be provided; c) measurable method and rate of payment and total not -to- exceed amount of the contract; d) clearly defined and executable termination clause; and e) beginning and ending dates that coincide with the dates of the applicable Program Attachment(s) or that cover a term within the beginning and ending dates of the applicable Program Attachment(s). Contractor is responsible to DSHS for the performance of any subcontractor. Contractor shall not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs; or if the subcontractor would be ineligible under the following sections of these General Provisions: Ineligibility to Receive the Contract section (Assurances and Certifications Article); or the Conflict of Interest or Transactions Between Related Parties sections (General Terms Article). Section 12.13 Status of Subcontractors. Contractor shall require all subcontractors to certify that they are not delinquent on any repayment agreements; have not had a required license or certification revoked; and have not had a contract terminated by the Department. Contractors shall further require that subcontractors certify that they have not voluntarily surrendered within the past three (3) years any license issued by the Department. Section 12.14 Incorporation of Terms in Subrecipient Subcontracts. Contractor shall include in all its contracts with subrecipicnt subcontractors and solicitations for subrccipient subcontracts, without modification (except as required to make applicable to the subcontractor), (1) the certifications stated in the Assurances and Certifications Article; (2) the requirements in the Conflicts of Interest section and the Transaction Between Related Parties section of the General Terms Article; and (3) a provision granting to DSHS, SAO, O1G, and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed, and the right to audit the subcontractor in accordance with the Access and Inspection Article in these General Provisions. Each subrecipient subcontract contract must also include a copy of these General Provisions and a copy of the Statement of Work and any other provisions in the Program Attachment(s) applicable to the subcontract. Contractor shall ensure that all written agreements with subrecipicnt subcontractors incorporate the terms of this Contract so that all terms, conditions, provisions, requirements, duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor are passed down to that subcontractor. No provision of this Contract creates privity of contract between DSHS and any subcontractor of Contractor. If a subcontractor is unable to certify to any of the statements in Section 12.13 or any of the certifications stated in the Assurances General Provisions (Core Subrecipient) 2013 Rev. 7/12 23 and Certifications Article, Contractor shall submit an explanation to the contract manager assigned to the Program Attachment, If the subcontractor's status with respect to the items certified in Section 12.13 or the assurances stated in the Assurances and Certifications Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Program Attachment. Section 12.15 Independent Contractor. Contractor is an independent contractor. Contractor shall direct and be responsible for the performance of its employees, subcontractors, joint venture participants or agents. Contractor is not an agent or employee of the Department or the State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its employees, subcontractors, joint venture participants or agents will not be eligible for unemployment compensation from the Department or the State of Texas. Section 12.16 Authority to Bind. The person or persons signing this Contract on behalf of Contractor, or representing themselves as signing this Contract on behalf of Contractor, warrant and guarantee that they have been duly authorized by Contractor to execute this Contract for Contractor and to validly and legally bind Contractor to all of its terms. Section 12.17 Tax Liability. Contractor shall comply with all state and federal tax laws and is solely responsible for filing all required state and federal tax forms and making all tax payments. If_the Department discovers that Contractor has failed to remain current on a liability to the IRS, this Contract will be subject to remedies and sanctions under this Contract, including immediate termination at the Department's discretion. If the Contract is terminated under this section, the Department will not enter into a contract with Contractor for three (3) years from the date of termination. Section 12.18 Notice of Organizational Change. Contractor shall submit written notice to the contract manager assigned `o the Program Attachment within ten (10) business days of any change to the Contractor's name; contact information; key personnel, officer, director or partner; organizational structure, such as merger, acquisition or change in form of business; legal standing; or authority to do business in Texas. A change in Contractor's name and certain changes in organizational structure require an amendment to this Contract in accordance with the Amendments section of these General Provisions. Section 12.19 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 12.20 Equipment (Including Controlled Assets). Equipment means an article of nonexpendable, tangible personal property having a useful lifetime of more than one year and an acquisition cost of $5,000 or more, and "controlled assets." Controlled assets include firearms regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non- portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Prior approval by DSHS of the purchase of controlled assets is not required. Contractors on a cost reimbursement payment method shall inventory all equipment, including controlled assets. Contractor shall initiate the purchase of all equipment approved in writing by DSIIS, in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter of the Program Attachment must be submitted to the contract manager assigned to the Program Attachment. Section 12.21 Supplies. Supplies are defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above. General Provisions (Core Subrecipient) 2013 Rev. 7/12 24 Section 12.22 Changes to Equipment List, All items of equipment, other than controlled assets, to be purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. Any changes to the approved equipment list in the executed Contract must be approved in writing by Department prior to the purchase of equipment. Contractor shall submit to the contract manager assigned to the Program Attachment, a written description including complete product specifications and need justification prior to purchasing any item of unapproved equipment. If approved, Department will acknowledge its approval by means of a written amendment or by written acceptance of Contractor's Contract Revision Request, as appropriate; or, in the case of minor changes to Contractor's approved equipment list, by email in accordance with the Contractor's Financial. Procedures Manual. Section 1223 Property Inventory and Protection of Assets. Contractor shall maintain an inventory of equipment, including controlled assets, and property described in the Other Intangible Property section of Article XIII and submit an annual cumulative report of the equipment and other property on Form GC-11 (Contractor's Property Inventory Report) to the Department's Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714 -9347, no later than October 15"' of each year. The report is located on the DSHS website at httn: / /www.dshs,state.tx.us /contracts /forms.shtm. Contractor shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. If Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of or damage to the assets provided or obtained under this Contract, Contractor shall use the proceeds to repair or replace those assets. Section 12.24 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department property, equipment, and supplies in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must: sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that the property, equipment and supplies he returned to DSHS. Section 12.25 Title to Property. At the conclusion of the contractual relationship between the Department and Contractor, for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to Department. Title may be transferred to any other party designated by Department. The Department may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Contractor. Section 12.26 Property Acquisitions. Department funds must not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property are not allowable. Section 12.27 Disposition of Property, Contractor shall follow the procedures in the American Hospital Association's (MIA's) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term, of equipment purchased with the Department funds, except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state, or when the acquisition price of the equipment is equal to or greater than $5,000. All other equipment not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. If, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires Iicensure or registration or had an acquisition price equal to or greater than $5,000, Contractor shall request disposition approval and instructions in writing from the contract manager assigned to the Program Attachment. After an item reaches the end of its useful life, Contractor shall General Provisions (Core Subrecipient) 201.3 Rev. 7/12 25 ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. Section 12.28 Closeout of Equipment, At the end of the term of a Program Attachment that has no additional renewals or that will not be renewed (Closeout) or when a Program Attachment is otherwise terminated, Contractor shall submit to the contract manager assigned to the Program Attachment, an inventory of equipment purchased with Department funds and request disposition instructions for such equipment. All equipment purchased with Department funds must be secured by Contractor at the time of Closeout or termination of the Program Attachment and must be disposed of according to the Department's disposition instructions, which may include return of the equipment to DSHS or transfer of possession to another DSI-IS contractor, at Contractor's expense. Section 12.29 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment method shall not encumber equipment purchased with Department funds without prior written approval from the Department. ARTICLE XI;I.I GENERAL TERMS Section 13.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this Contract, or in any equipment purchased with funds from this Contract, without the prior written consent of the Department. Section 13.02 Lobbying. Contractor shall comply with Tex. Gov. Code § 556,0055, which prohibits contractors who receive state funds from using those funds to pay lobbying expenses. Further, Contractor shall not use funds paid under this Contract, either directly or indirectly, to support the enactment, repeal, modification, or adoption of any law, regulation or policy at any level of government, or to pay the salary or expenses of any person related to any activity designed to influence legislation, regulation, policy or appropriations pending before Congress or the state legislature, or for influencing or attempting to influence an officer or employee of any federal or state agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of a.ny contract or the extension, continuation, renewal, amendment, or modification of any contract (31 USC § 1352 and UGMS). If at any time this Contract exceeds $100,000 of federal funds, Contractor shall file with the contract manager assigned to the Program Attachment a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract, a certification that none of the funds provided by Department have been or will be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. Contractor shall file the declaration, certification, and disclosure at the time of application for this Contract; upon execution of this Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and at the end of each calendar quarter in which any event occurs that materially affects the accuracy of the information contained in any declaration, certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosure with the contract manager assigned to the Program Attachment. Contractor shall also comply, as applicable, with the lobbying restrictions and requirements in 2 CFR Part 230 (OMB Circulars A -122), Appendix B paragraph 25; 2 CFR Part 225 (A -87) Appendix B section 24; 2 CFR §2I5.27 (A -110) and 2 CFR Part 220 (A -21) Appendix A, subsection J.I7 and J.28. Contractor shall include this provision in any subcontracts. Section 13.03 Conflict of Interest. Contractor represents to the Department that it and its - subcontractors, if any, do not have nor shall Contractor or its subcontractors knowingly acquire or retain, any financial or other General Provisions (Core Subrecipicnt) 2013 Rev. 7/12 26 interest that would conflict in any manner with the performance of their obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor (or subcontractor), its principal (or a member of the principal's immediate nediate family), or any affiliate or subcontractor and the Department or HHSC, their commissioners or employees, or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees and subcontractors and their employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. If, at any time during the terra of this Contract, Contractor or any of its subcontractors has a conflict of interest or potential conflict of interest, Contractor shall disclose the actual or potential conflict of interest to the contract manager assigned to the Program Attachment within ten (10) days of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of interest the subcontractor has or may have within ten (10) days of when the subcontractor becomes aware of the actual or potential conflict of interest. Section 13.04 Transactions Between Related Parties. Contractor shall identify and report to DSHS any transactions between Contractor and a related party that is part of the work that the Department is purchasing under this Contract before entering into the transaction or immediately upon discovery. Contractor shall submit to the contract manager assigned to the Program Attachment the name, address and telephone number of the related party, how the party is related to Contractor and the work the related party will perform under this Contract. A related party is a person or entity related to Contractor- by blood or marriage, common ownership or any association that pe €mils either to significantly influence or direct the actions or policies of the other. Contractor, for purposes of reporting transactions between related parties, includes the entity contracting with the Department under this Contract as well as the chief executive officer, chief financial officer and program director of Contractor. Contractor shall comply with Tex. Gov. Code Chapter 573. Contractor shall maintain records and supply any additional information requested by the Department, regarding a transaction between related parties, needed to enable the Department to determine the appropriateness of the transaction pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFR part 74, OMB Circ. No. A -110, 2 CFR § 215.42, and UGMS. Section 13.05 Intellectual Property. Tex. Health & Safety Code § 12.020 authorizes DSHS to protect intellectual property developed as a result of this Contract. a) "Intellectual property" means created property that may be protected under copyright, patent, or trademark/service mark law. b) For purposes of this Contract intellectual property prepared for DSHS use, or a work specially ordered or commissioned through a contract for DSI-I:S use is "work made for hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the extent that title and interest to any such work may not, by operation of law, vest in DSHS, or such work may not be considered a work made for hire, Contractor irrevocably assigns the rights, title and interest therein to DSHS. DSHS has the right to obtain and hold in its name any and all patents, copyrights, registrations or other such protections as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor shall give DSI-IS and the State of Texas, as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered under this Contract. c) If federal funds are used to finance activities supported by this Contract that result in the production of intellectual property, the federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal government purposes (1) the copyright in any intellectual property developed under this Contract, including any subcontract; and (2) any rights of copyright to which a Contractor purchases ownership with contract funds. Contractor shall place an acknowledgment of federal awarding agency grant General Provisions (Core Subrccipient) 2013 Rev. 7/12 27 support and a disclaimer, as appropriate, on any publication written or published with such support and if feasible, on any publication reporting the results of or describing a grant - supported activity. An acknowledgment must be to the effect that "This publication was made possible by grant number _ from (federal awarding agency)" or "The project described was supported by grant number from (federal awarding agency)" and "Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the (federal awarding agency)," d) If the terms of a federal grant award the copyright to Contractor, DSI1S reserves a royalty -free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for DS11S, public health, and state governmental noncommercial purposes (1) the copyright, trademark, service mark, and /or patent on an invention, discovery, or improvement to any process, machine, manufacture, or composition of matter; products; technology; scientific information; trade secrets; and computer software, in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright, service or trade marks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds. e) if the results of the contract performance are subject to copyright law, Contractor cannot publish those results without prior review and approval of DSIIS. Contractor shall submit requests for review and approval to the contract manager assigned to the Program Attachment. Section 13.06 Other Intangible Property. At the conclusion of the contractual relationship between Department and Contractor, for any reason, Department shall have the sole ownership rights and interest in all non- copyrightablc intangible property that was developed, produced or obtained by Contractor as a specific requirement under this Contract or under any grant that funds this Contract, such as domain names, URLs, software licenses with a value of $500 or more, etc. Contractor shall inventory all such non - copyrightable intangible property. Contractor shall cooperate with Department and perform all actions necessary to transfer ownership of such property to the Department or its designee, or otherwise affirm Department's ownership rights and interest in such property. This provision will survive the termination or expiration of this Contract. Section 13.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. The Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 13.08 Legal Notice. Any notice required or permitted to be given by the provisions of this Contract will be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified by the Party to the other Party in writing or, if sent by certified mail, on the date of receipt. Section 13.09 Successors. This Contract will be binding upon the Parties and their successors and assignees, except as expressly provided in this Contract. Section 13,10 Headings. The articles and section headings used in this Contract. are for convenience of reference only and will not be construed in any way to define, limit or describe the scope or intent of any provisions. Section 13.11 Parties. The Parties represent to each other that they are entities fully familiar with transactions of the kind reflected by the contract documents, and are capable of understanding the terminology and meaning of their terms and conditions and of obtaining independent legal advice pertaining to this Contract. Section 13.12 Survivability of Terms. Termination or expiration of this Contract or a Program Attachment for any reason will not release either Party from any liabilities or obligations in this Contract that (a) the General Provisions (Core Subrecipient) 2013 Rev. 7/12 28 Parties have expressly agreed will survive any such termination or expiration, or (b) remain to be performed or (c) by their nature would be intended to be applicable following any such termination or expiration. Section 13.13 Direct Operation. At the Department's discretion, the Department may temporarily assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health or safety of clients and/or participants served by Contractor. Section 13.I4 Customer Service information. If requested, Contractor shall supply such information as required by the Department to comply with the provisions of Tex. Gov. Code Chapter 2114 regarding Customer Service surveys, Section 13.15 Amendment. The Parties agree that the Department may unilaterally reduce funds pursuant to the terms of this Contract without the written agreement of Contractor. All other amendments to this Contract must be in writing and agreed to by both Parties, except as otherwise specified in the Contractor's Notification of Change to Certain Contract Provisions section or the Contractor's Request for Revision to Certain Contract Provisions section of this Article. Contractor's request for certain budget revisions or other amendments must be submitted in writing, including a. justification for the request, to the contract manager assigned to the Program Attachment; and if a budget revision or amendment is requested during the last quarter of the Contract or Program Attachment term, as applicable, Contractor's written justification must include a reason for the delay in making the request. Revision or other amendment requests may be granted at the discretion of DSHS. Except as otherwise provided in this Article, Contractor shall not perform or produce, and DSIIS will not pay for the performance or production of, different or additional goods, services, work or products except pursuant to an amendment of this Contract that is executed in compliance with this section; and DSI-IS will not waive any term, covenant, or condition of this Contract unless by amendment or otherwise in compliance with this Article. Section 13.16 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to this Contract without a written amendment or the Department's prior approval: a) contractor's contact person and contact information; b) contact information for key personnel, as stated in Contractor's response to the Solicitation Document, if any; c) cumulative budget transfers that exceed 25% among direct cost categories, other than the equipment category, of cost reimbursement contract Program Attachments of less than S100,000, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); d) minor corrections or clarifications to the Contract language that in no way alter the scope of work, objectives or performance measures; and e) a change in Contractor's share of the budget concerning non -DSHS funding other than program income and match, regardless of the amount of the change, provided that in changing the budget, Contractor is not supplanting DSHS funds. Contractor within ten (10) calendar days shall notify in writing the contract manager assigned to the Program Attachment of any change enumerated in this section. The notification may be by letter, fax or email. Except for contracts funded by funding sources that have different percentage requirements, cumulative budget line item transfers of 25% or less among direct cost categories, other than equipment, of cost reimbursement contracts of any amount do not require written amendment or prior approval or notification, Section 1 3.17 Contractors Request for Revision of Certain Contract Provisions. A Contractor's Revision Request is an alternative method for amending certain specified provisions of this Contract that is initiated by Contractor, but must be approved by DSI -IS. The following amendments to this Contract may be General Provisions (Core Subrecipient) 2013 Rev. 7/12 29 made through a Contractor's Revision Request, rather than through the amendment process described in the Amendment section of this Article: a) cumulative budget transfers among direct cost categories, other than the equipment category, that. exceed 25% of Program Attachments of S 100,000 or more, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); b) budget transfer to other categories of funds for direct payment to trainees for training allowances; c) change in clinic hours or location; d) change in the equipment list substituting an item of equipment equivalent to an item of equipment on the approved budget; e) changes in the equipment category of a previously approved equipment budget; f) changes specified in applicable OMB Circular cost principles as requiring prior approval, regardless of dollar threshold (e.g., foreign travel expenses, overtime premiums, membership fees; and g) cumulative budget transfers into or out of the equipment category that do not exceed 10% of any Program Attachment, provided that the total budget amount is unchanged (cumulative transfers from or to the equipment category that equal or exceed 10% of any Program Attachment require an amendment to this Contract as described in the Amendment section of this Article). In order to request a revision of any of the enumerated provisions, Contractor shall obtain a Contract Revision Request form II-om the DSHS website available at http://www.dshs. state .tx.us /grants /forms.shtni, and complete the form as directed by the Department. Two copies of the completed form must be signed by Contractor's representative who is authorized to sign contracts on behalf of Contractor, and both original, signed forms must be submitted to the contract manager assigned to the Program Attachment, Any approved revision will not be effective unless signed by the DSHS Director of the Client Services Contracting Unit. A separate Contractor Revision Request is required for each Program Attachment to be revised. Circumstances of a requested contract revision may indicate the need for an amendment described in the Amendment. section of this Article rather than a contract revision amendment under this section. Section 13.18 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 13.19 Hold Harmless and Indemnification. Contractor, as an independent contractor, agrees to hold Department, the State of Texas, individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments; and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this Contract, Section 13.20 Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non - action or de.f'ault under this Contract will not constitute a waiver of either Pasty's rights under this Contract. Section 13.21 Electronic and Information Resources Accessibility and Security Standards. As required by 1 Tex. Admin. Code Chapters 213 and 206, as a state agency, DSHS must procure products that comply with the State of Texas Accessibility requirements for EIectronic and Information Resources specified in 1 Tex. Admin. Code Chapter 213 and Website Accessibility Standards /Specifications specified in 1 Tex. Admin. Code Chapter 206 (collectively EIR Standards) when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. If performance General Provisions (Core Subrecipient) 2013 Rev. 7/12 30 g) any misrepresentation in the assurances and certifications in Contractor's application or response to the Solicitation Document or in this Contract; or h) Contractor is on or is added to the Excluded Parties List System (EPLS), Section 14.02 General Remedies and Sanctions. The Department will monitor Contractor for both programmatic and financial compliance. The remedies and sanctions in this section are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract. and may monitor Contractor for financial compliance. The Department may impose one or more remedies or sanctions for each item of noncompliance and will determine remedies or sanctions on a case -by -case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies or sanctions in this section does not relieve Contractor of any obligations under this Contrac€. A state or federal statute, rule or regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. If Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actions: a) terminate this Contract or a Program Attachment of this Contract as it relates to a specific program type. In the case of termination, the Department will inform Contractor of the termination no less than thirty (30) calendar days before the effective date of the termination in a notice of termination, except for circumstances that require immediate termination as described in the Emergency Action section of this Article. The notice of termination will state the effective date of the termination, the reasons for the termination, and, if applicable, alert Contractor of the opportunity to request a hearing on the termination pursuant to Tex. Gov. Code Chapter 2105 regarding administration of Block Grants. Contractor shall not make any claim for payment or reimbursement for services provided from the effective date of termination; b) suspend all or part of this Contract. Suspension is an action taken by the Department in which the Contractor is notified to temporarily (1) discontinue performance of all or part of the Contract, and/or (2) discontinue incurring expenses otherwise allowable under the Contract as of the effective date of the suspension, pending DSHS's determination to terminate or amend the Contract or permit the Contractor to resume performance and /or incur allowable expenses. Contractor shall not bill 1)SHS for services performed during suspension, and Contractor's costs resulting from obligations incurred by Contractor during a suspension are not allowable unless expressly authorized by the notice of suspension; c) deny additional or future contracts with Contractor; d) reduce the funding amount for failure to 1) provide goods and services as described in this Contract or consistent with Contract performance expectations, 2) achieve or maintain the proposed level of service, 3) expend funds appropriately and at a rate that will make full use of the award, or 4) achieve local match, if required; e) disallow costs and credit for matching funds, if any, for all or part of the activities or action not in compliance; 1) temporarily withhold cash payments. Temporarily withholding cash payments means the temporary withholding of a working capital advance, if applicable, or reimbursements or payments to Contractor for proper charges or obligations incurred, pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; g) permanently withhold cash payments. Permanent withholding of cash payment means that Department retains funds billed by Contractor for (1) unallowable, undocumented, disputed, inaccurate, improper, or erroneous billings; (2) material failure to comply with Contract provisions; or General Provisions (Core Subrecipient) 2013 Rev. 7/12 32 under this Contract includes the development., modification or maintenance of a website or other electronic and information resources for DSHS or for the public on behalf of DSHS, Contractor certifies that the website or other electronic and information resources comply with the FIR Standards. Contractor further certifies that any network hardware or software purchased or provided under this Contract has undergone independent certification testing for known and relevant vulnerabilities, in accordance with rules adopted by Department of Information Resources. Section 13.22 Force M.ajeure. Neither Party will be liable for any failure or delay in performing all or some of its obligations, as applicable, under this Contract if such failure or delay is due to any cause beyond the reasonable control of such Party, including, but not limited to, extraordinarily severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order, or acts of God. The existence of any such cause of delay or failure will extend the period of performance in the exercise of reasonable diligence until after the cause of the delay or failure no longer exists and, if applicable, for any reasonable period of time thereafter required to resume performance. A Party, within a period of time reasonable under the circumstances, must inform the other by any reasonable method (phone, email, etc.) and, as soon as practicable, must submit written notice with proof of receipt, of the existence of a force majeurc event or otherwise waive the right as a defense to non - performance. Section 13.23 Interim Contracts. The Parties agree that the Contract and/or any of its Program Attachments will automatically continue as an "Interim Contract" beyond the expiration date of the term of the Contract or Program Attachment(s), as applicable, under the following circumstances: (1) on or shortly prior to the expiration date of the Contract or Program Attachment, there is a state of disaster declared by the Governor that affects the ability or resources of the DSIIS contract or program staff managing the Contract to complete in a timely manner the extension, renewal, or other standard contract process for the Contract or Program Attachment; and (2) DSHS makes the determination in its sole discretion that an Interim Contract is appropriate under the circumstances. DSI -IS will notify Contractor promptly in writing if such a determination is made. The notice will specify whether DSIIS is extending the Contract or Program Attachment for additional time for Contractor to perform or complete the previously contracted goods and services (with no new or additional funding) or is purchasing additional goods and services as described in the Program Attachment for the term of the Interim Contract, or both. The notice will include billing instructions and detailed information on how DSHS will fund the goods or services to be procured during the Interim Contract term. The Interim Contract will terminate thirty (30) days after the disaster declaration is terminated unless the Parties agree to a shorter period of tune. Section 13.24 Cooperation and Communication. Contractor shall cooperate with Department staff and, as applicable, other DSIIS contractors, and shall promptly comply with requests from DSHS for information or responses to DSHS inquiries concerning Contractor's duties or responsibilities under this Contract. ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON - COMPLIANCE Section 14.01 Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but are not limited to, the following: a) failure to properly provide the services and /or goods purchased under this Contract; b) failure to comply with any provision of this Contract, including failure to comply with all applicable statutes, rules or regulations; c) failure to pay refunds or penalties owed to the Department; d) failure to comply with a repayment agreement with the DSIIS or agreed order issued by DST-IS; c) failure by Contractor to provide a full accounting of funds expended under this Contract; .) discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; General Provisions (Core Subrecipient) 2013 Rev. 7/12 31 (3) indebtedness to the United States or to the State of Texas; li) declare this Contract void upon the Department's determination that this Contract was obtained fraudulently or upon the Department's determination that this Contract was illegal or invalid from this Contract's inception and demand repayment of any funds paid under this Contract; i) request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any other state bid list, and barred. from participating in future contracting opportunities with the State of Texas; j) delay execution of a new contract or contract renewal with Contractor while other imposed or proposed sanctions are pending resolution; k) place Contractor on probation. Probation means that Contractor will be placed on accelerated monitoring for a period not to exceed six (6) months at which time items of noncompliance must be resolved or substantial improvement shown by Contractor. Accelerated monitoring means more frequent or more extensive monitoring will be performed by Department than would routinely be conducted; 1) require Contractor to obtain technical or managerial assistance; m) establish additional prior- approvals for expenditure of funds by Contractor; n) require additional or more detailed, financial and /or programmatic reports to be submitted by Contractor; o) demand repayment from Contractor when it is verified that Contractor has been overpaid, e.g., because of disallowed costs, payments not supported by proper documentation, improper billing or accounting practices, or failure to comply with Contract terms; p) pursue a claim for damages as a result of breach of contract; q) require Contractor to prohibit any employee or volunteer of Contractor from. performing under this Contract or having direct contact with DSHS- funded clients or participants, or require removal of any employee, volunteer, officer or governing body member, if the employee, volunteer, officer or member of the governing body has been indicted or convicted of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to continued obligations under this Contract, as reasonably determined by DSHS; r) withhold any payments to Contractor to satisfy any recoupment, Liquidated damages, match insufficiency, or any penalty (if the penalty is permitted by statute) imposed by DSHS, and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor's payment or repayment obligations; s) reduce the Contract terra; 1) recoup improper payments when it is verified that Contractor has been overpaid, e.g., because of disallowed costs, payments not supported by proper documentation, improper billing or accounting practices or failure to comply with Contract terms; u) assess liquidated damages; v) demand repayment of an amount equal to the amount of any match Contractor failed to provide, as determined by DS1IS; w) impose other remedies, sanctions or penalties permitted by statute. Section 14.03 Notice of Remedies or Sanctions. Department will formally notify Contractor in writing when a remedy or sanction is imposed (with the exception of accelerated monitoring, which may be unannounced), stating the nature of the remedies and sanction(s), the reasons for imposing them, the corrective actions, Wally, that must be taken before the actions will be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the remedies and sanctions imposed. Other than in the case of repayment or recoupment, Contractor is required to file, within fifteen (15) calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. If requested by the Department, the written response must state how Contractor shall. correct the noncompliance (corrective action plan) or demonstrate in writing that the findings on which the remedies or sanction(s) are based are either invalid or do not warrant the remedies or sanction(s). If Department determines that. a remedy General Provisions (Core Subreeipient) 2013 Rev. 7/12 33 or sanction is warranted, unless the remedy or sanction is subject to review under a federal or state statute, regulation, rule, or guideline, Department's decision is final. Departrnent will provide written notice to Contractor of Department's decision. If required by the Department, Contractor shall submit a corrective action plan for DSHS approval and take corrective action as stated in the approved corrective action plan. If DSHS determines that repayment is warranted, DSHS will issue a demand letter to Contractor for repayment. If full repayment is not received within the time limit stated in the demand letter, and if recoupment is available, DSHS will recoup the amount due to DSHS from funds otherwise due to Contractor under this Contract. Section 14.04 Emergency Action. In an emergency, Department may immediately terminate or suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as the following: a) Contractor is noncompliant and the noncompliance has a direct adverse effect on the public or client health, welfare or safety. The direct adverse effect may be programmatic or financial and may include failing to provide services, providing inadequate services, providing unnecessary services, or using resources so that the public or clients do not receive the benefits contemplated by the scope of work or performance measures; or b) Contractor is expending funds inappropriately. Whether Contractor's conduct or noncompliance is an emergency will be determined by Departrnent on a case -by -case basis and will he based upon the nature of the noncompliance or conduct. ARTICLE XV CLAIMS AGAINST THE DEPARTMENT Section 15.01 .Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Tex. Gov. Code Chapter 2260 and implemented in Department Rules §§ 4.11- 4.24 will be used by DSHS and Contractor to attempt to resolve any breach of contract claim against DSFIS. Section 15.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot resolve in the ordinary course of business must be submitted to the negotiation process provided in Tex. Gov Code Chapter 2260, subchapter B. To initiate the process, Contractor shall submit written notice, as required by subchapter B, to DSHS's Office of General Counsel. The notice must specifically state that the provisions of Chapter 2260, subchapter 13, are being invoked. A copy of the notice must also be given to all other representatives of DSHS and Contractor. Subchapter 13 is a condition precedent to the tiling of a contested case proceeding under Tex. Gov. Code Chapter 2260, subchapter C. Section 15.03 Sole Remedy. The contested case process provided in Tex. Gov. Code Chapter 2260, subchapter C, is Contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract, by DSHS if the Parties are unable to resolve their disputes under this Article. Section 15.04 Condition Precedent to Suit. Compliance with the contested case process provided in Tex. Gov. Code Chapter- 2260, subchapter C, is a condition precedent to seeking consent to sue from the Legislature under Tex. Civ. Prac. & Rem. Code Chapter 107. Neither the execution of this Contract by DSHS nor any other conduct of any representative of DSHS relating to this Contract will be considered a waiver of sovereign immunity to suit. Section 15.05 Performance Not Suspended. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by Contractor, in whole or in part. General Provisions (Core Subrecipient) 2013 Rev. 7/I2 34 ARTICLE XVi TERMINATION AND TEMPORARY SUSPENSION Section. 16.01 Expiration of Contract or Program Attachment(s). Except as provided in the Survivability of Terms section of the General Terms Article, Contractor's service obligations stated in each Program Attachment will end upon the expiration date of that Program Attachment unless extended or renewed by written amendment. Prior to completion of the term of all Program Attachments, all or a part of this Contract may be terminated with or without cause under this Article. Section 16.02 Effect of Termination. Termination is the permanent withdrawal of Contractor's authority to obligate previously awarded funds before that authority would otherwise expire or the voluntary relinyuishmcnt by Contractor of the authority to obligate previously awarded funds. Contractor's costs resulting from obligations incurred by Contractor after termination of an award are not allowable unless expressly authorized by the notice of termination. Upon termination of this Contract or Program Attachment, as applicable, Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract or Program Attachment, as applicable, to DSHS or another entity designated by DSHS. Upon termination of all or part of this Contract, Department and Contractor will be discharged from any further obligation created under the applicable terms of this Contract or the Program Attachment, as applicable, except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination and for Contractor's duty to cooperate with DSHS, and except as provided in the Survivability of Terms section of the General Terms Article. Termination does not, however, constitute a waiver of any remedies for breach of this Contract. In addition, Contractor's obligations to retain records and maintain confidentiality of information will survive this Contract, Section 16.03 Acts Not Constituting Termination. Termination does not include the Department's (1) withdrawal of funds awarded on the basis of Contractor's underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance at the expiration of the term of a program attachment; (3) refusal to extend a program attachment or award additional funds to make a competing or noncompeting continuation, renewal, extension, or supplemental award; (4) non - renewal of a contract. or program attachment at Department's sole discretion; or (5) voiding of a contract upon determination that the award was obtained fraudulently, or was otherwise illegal or invalid from inception. Section 16.04 Termination or Temporary Suspension Without Cause. a) Either Party may terminate this Contract or a Program Attachment, as applicable, with at least thirty (30) calendar days prior written notice to the other Party, except that if Contractor seeks to terminate a Contract or Program Attachment that involves residential client services, Contractor shalt give the Department at least ninety (90) calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. b) The Parties may terminate this Contract or a Program Attachment by mutual agreement. c) DSHS may temporarily suspend or terminate this Contract or a Program Attachment if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendments to the Appropriations Act, health and human services consolidations, or any disruption of current appropriated funding for this Contract or Program Attachment. Contractor will he notified in writing of any termination or temporary suspension or of any cessation of temporary suspension. Upon notification of temporary suspension, Contractor shall discontinue performance under the Contract as of the effective date of the suspension, for the duration of the suspension. d) Department may terminate this Contract or a Program Attachment immediately when, in the sole determination of Department, termination is in the best interest of the State of Texas. General Provisions (Core Subrecipient) 2013 Rev. 7/12 35 Section 16.05 Termination For Cause. Either Party may terminate for material breach of this Contract with at least thirty (30) calendar days written notice to the other Party. Department may terminate this Contract, in whole or in part, for breach of contract or for any other conduct that jeopardizes the Contract objectives, by giving at least thirty (30) calendar days written notice to Contractor. Such conduct may include one or more of the following: a) Contractor has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; b) Contractor fails to communicate with Department or fails to allow its employees or those of its subcontractor to communicate with Department as necessary for the performance or oversight of this Contract; c) Contractor breaches a standard of confidentiality with respect to the services provided under this Contract; d) Department determines that Contractor is without sufficient personnel or resources to perform under this Contract or that Contractor is otherwise unable or unwilling to fulfill any of its requirements under this Contract or exercise adequate control over expenditures or assets; e) Department determines that Contractor, its agent or another representative offered or gave a gratuity (e.g., entertainment or gift) to an official or employee of DSFIS or HHSC for the purpose of obtaining a contract or favorable treatment; f) Department determines that this Contract includes financial participation by a person who received compensation from DSI-IS to participate in developing, drafting or preparing the specifications, requirements or statement(s) of work or Solicitation Document on which this Contract is based in violation of Tex. Gov. Code § 2155.004; or Department determines that Contractor was ineligible to receive this Contract under Tex. Gov. Code §§ 2155.006 or 2261,053 related to certain disaster response contracts; g) Contractor appears to be financially unstable. Indicators of financial instability may include one or mo.e of the following: 1) Contractor fails to make payments for debts; 2) Contractor makes an assignment for the benefit of its creditors; 3) Contractor admits in writing its inability to pay its debts generally as they become due; 4) if judgment for the payment of money in excess of 850,000 (that is not covered by insurance) is rendered by any court or governmental body against. Contractor, and Contractor does not (a) discharge the judgment, or (b) provide for its discharge in accordance with its terms, or (c) procure a stay of execution within thirty (30) calendar days from the date of entry of the judgment, or (d) if the execution is stayed, within the thirty (30) -day period or a longer period during which execution of the judgment has been stayed, appeal from the judgment and cause the execution to be stayed during such appeal while providing such reserves for the judgment as may be required under Generally Accepted Accounting Principles; 5) a writ or warrant of attachment or any similar process is issued by any court against all or any material portion of the property of Contractor, and such writ or warrant of attachment or any similar process is not released or bonded within thirty (30) calendar days after its issuance; 6) Contractor is adjudicated bankrupt or insolvent; 7) Contractor files a case under the Federal Bankruptcy Code or seeks relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction then in effect, or consents to the filing of any case or petition against it under any such law; 8) any property or portion of the property of Contractor is sequestered by court order and the order remains in effect for more than thirty (30) calendar days after Contractor obtains knowledge of the sequestration; General Provisions (Core Subrecipient) 2013 Rev, 7/12 36 9) a petition is filed against Contractor under any state reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction then in effect, and the petition is not dismissed within thirty (30) calendar days; or 10) Contractor consents to the appointment of a receiver, trustee, or liquidator of Contractor or of all or any part of its property; h) Contractor's management system does not meet the UGMS management standards; or i) Any required license, certification, permit, registration or approval required to conduct Contractor's business or to perform. services under this Contract is not obtained or is revoked, is surrendered, expires, is not renewed, is inactivated or is suspended. Section 16.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any verifiable method. If either Party gives notice of its intent to terminate all or a part of this Contract, Department and Contractor shall attempt to resolve any issues related to the anticipated termination in good faith during the notice period. ARTICLE XVII VOID, SUSPENDED, A.ND TERMINATED CONTRACTS Section 17.01 Void Contracts. Department may void this Contract upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from its inception. Section 17.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A Contractor who has been a party to a contract with DSI -IS that has been found to be void, or is suspended, or is terminated for cause is not eligible for expansion of current contracts, if any, or new contracts or renewals until, in the case of suspension or termination, the Department has determined that Contractor has satisfactorily resolved the issues underlying the suspension or termination. Additionally, if this Contract is found to be void, any amount paid is subject to repayment. Section 17.03 Appeals Rights. Pursuant to Tex. Gov. Code § 2105.302, after receiving notice from the Department of termination of a contract with DSIIS funded by block grant funds, Contractor may request an administrative hearing under Tex. Gov. Code Chapter 2001. ARTICLE XV 11111 CLOSEOUT Section 18.01 Cessation of Services At Closeout. Upon expiration of this Contract or Program Attachment, as applicable, (and any renewals of this Contract or Program Attachment) on its own terms, Contractor shall cease services under this Contract or Program Attachment; and shall cooperate with DSFIS to the fullest extent possible upon expiration or prior to expiration, as necessary, to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS or another entity designated by DSI-.S. Upon receiving notice of Contract or Program Attachment termination or non - renewal, Contractor shall immediately begin to effect an orderly and safe transition of recipients of services to alternative service providers, as needed. Contractor also shall completely cease providing services under this Contract or Program Attachment by the date specified in the termination or non- renewal notice. Contractor shall not bill DSIIS for services performed after termination or expiration of this Contract or Program Attachment, or incur any additional expenses once this Contract or Program Attachment is terminated or has expired. Upon termination, expiration (with no renewal) or non - renewal of this Contract or a Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. Section 18.02 Administrative Offset. The Department has the right to administratively offset amounts owed by Contractor against billings. Section 18.03 Deadline for Closeout. Contractor shall submit all financial, performance, and other Closeout reports required under this Contract within sixty (60) calendar days after the Contract or Program General Provisions (Core Subrecipient) 2013 Rev. 7/12 37 Attachment end date. Unless otherwise provided under the Final Billing Submission section of the Payment Methods and Restrictions Article, the Department is not liable for any claims that are not received within sixty (60) calendar days after the Contract or Program Attachment end date. Section 18.04 Payment of Refunds. Any funds paid to Contractor in excess of the amount to which Contractor is finally determined to be entitled under the terms of this Contract constitute a debt to the Department and will result in a refund due, which Contractor shall pay within the time period established by the Department. Section 18.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's right to disallow costs and recover funds on the basis of a later audit or other review or Contractor's obligation to return any funds due as a result of later refunds, corrections, or other transactions. General Provisions (Core Subrecipient) 2013 Rev. 7/12 38 Page 1 of 2 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant of $775,666 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide continued clinical services. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate a grant of $775,666 from the Texas Department of State Health Services ( "DSHS ") in the Health Grants Fund No. 1066 to provide continued clinical services for the following seven DSHS programs: (1) Tuberculosis Prevention and Control- State; (2) Preparedness and Prevention Community Preparedness Section /Laboratory Response; (3) CPS - Laboratory Response Network - Public Health Emergency Preparedness; (4) Infectious Disease Control Unit /Flu -lab; (5) Immunization Location Health Departments Coalition Collaboration Activities; (6) RLSS /Local Public Health System -PnP; and (7) Tuberculosis Prevention and Control - Federal. A copy of the documents shall be filed in the office of the City Secretary. Page 2of2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2013- 041112 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor), a Government Entity, (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $775,666.00, and the payment method(s) shall be as specified in the Program Attachments. 3. Funding Obligation. This Contract is contingent upon the continued availability of 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, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 09/01/2012 and ends on 08/31/2013. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS 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. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Forming Contract. The Contract consists of the following: a. Core Contract (this document) b. Program Attachments: 2013 -041112 -001 Tuberculosis Prevention and Control - State 2013 -041112 -002 Preparedness and Prevention Community Preparedness Section/Laboratory Response N 2013-041112-003 CPS - LABORATORY RESPONSE NETWORK -PHEP 2013 - 041112 -004 Infectious Disease Control Unit/FLU -LAB 2013 - 041112 -005 Immunization Local Health Departments Coalition Collaboration Activities 2013 - 041112 -006 RLSS /LOCAL PUBLIC HEALTH SYSTEM -PnP 2013 - 041112 -007 Tuberculosis Prevention and Control - Federal 92648 -1 c. General Provisions (Sub- recipient) d. Solicitation Document(s), and (NA) e. Contractor's response(s) to the Solicitation Document(s). (NA) f. Exhibits 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 DSHS and Contractor 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 Contractor'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 Contractor or goods received under this Contract: Name: CITY OF CORPUS CHRISTI Address: PO BOX 9277 CORPUS CHRISTI, TX 78469 -9277 Vendor Identification Number: 17460005741027 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 below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) By: Signature of Authorized Official By: Signature Date Date Bob Burnette, C.P.M., CTPM Director, Client Services Contracting Unit Printed Name and Title Address 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 City, State, Zip (512) 458 -7470 Bob.Burnette @dshs.state.tx.us 92648-i Telephone Number E-mail Address for Official Correspondence 3 CONTRACT NO,2013- 041112 PROGRAM ATTACHMENT NO.001 PURCHASE ORDER NO.0000385062 CONTRACTOR: CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) DSHS PROGRAM: Tuberculosis Prevention and Control - State TERM:09 /01/2012 THRU: 08/31/2013 SECTION I. STATEMENT OF WORK: A. PROVISION OF SERVICES: Throughout the Contractor's defined service area of Nueces, Contractor shall develop and provide basic services and associated activities for tuberculosis (TB) prevention and control, and expanded outreach services to individuals of identified special populations who have TB and /or who are at high risk of developing TB. Contractor shall provide these services in compliance with the following: • DSHS' most current version of the Standards of Performance for the Prevention and Control of Tuberculosis, available at http: / /www.dshs. state. tx. us /IDCU /disease /tb /publications /SOP -2008- finai.doc; • DSHS Standards for Public Health Clinic Services, Revised August 31, 2004 available at http: // www.dshs. state. tx. us/ qmb /dshsstndrds4clinicservs.pdf; • DSHS' TB Policy and Procedures Manual, available at http: / /www.dshs.state.tx.us /idcu /disease /tb /publications /; • American Thoracic Society (ATS) and Centers for Disease Control and Prevention (CDC) joint statements on diagnosis, treatment and control of TB available at http: / /www.cdc.gov /manwr/ preview /mmwrhtinh /rr_5211a1.htm; • Diagnostic Standards and Classification of Tuberculosis in Adults and Children, (American Journal of Respiratory and Critical Care Medicine, Vol. 161, pp. 1376 -1395, 2000) at http : / /ajrccni.atsjournals.oral /content /full /161/4/1376; • Treatment of Tuberculosis, (ATS /CDC /IDSA), 2003 available at hup://www.cdc.g.o vim mwr/preview/m wrhtml /rr5211a1.htin; ▪ Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000 at http: / /www.cdc. ov /mrnwr /preview /Inmyvrhtml /rr4906a1.htm; • Updated: Adverse Event Data and Revised American Thoracic Society /CDC Recommendations Against the Use of Rifampin and Pyrazinamide for Treatment of Latent Tuberculosis Infection — United States, 2003, MMWR 52 (No. 31) at PROGRAM ATTACHMENT PAGE 1 http:// www.eclipsconsult.com /eclips /ar title /Pulmona €y%20Disease /S8756- 3452(08)70243-3; • Controlling Tuberculosis in the United States, MMWR, Vol. 54, No. RR -12, 2005 at http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5412a1.htm; • Guidelines for the Prevention and Treatment of Opportunistic Infections Among HIV - Exposed and HIV - Infected Children at http:// www. cdc .gov /mmwr /pdf /rr /rr58e0826.pdf; • Guidelines for Prevention and Treatment of Opportunistic Infections in HIV - Infected Adults and Adolescents at http://www,cdc.gov/minwr/pdf/rdri-58e324.pdf; and • Updated Guidelines on Managing Drug Interactions in the Treatment of HIV - Related Tuberculosis at http: // www. cdc. gov /tb /publicat .ions /guidelines /TB HIV Drugs /default.htm. Contractor shall comply with all applicable federal and state regulations and statues, including, but not limited to, the following: • Texas Tuberculosis Code, Health and Safety Code, Chapter 13, subchapter B; • Communicable Disease Prevention and Control Act, Health and Safety Code, Chapter 81; • Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities, Health and Safety Code, Chapter 89; • Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter A, Control of Communicable Diseases; and • Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter H, Tuberculosis Screening for Jails and Other Correctional Facilities. All references to TB cases or suspected TB cases refer to active TB disease unless otherwise stated. All references to latent TB infection (LTBI) refer to the condition where infection has occurred but there has not been progression to active TB disease. Contractor shall monitor and manage its usage of anti - tuberculosis medications and testing supplies furnished by DSHS in accordance with first - expiring -first -out (FEFO) principles of inventory control to minimize waste for those products with expiration dates. On a monthly basis, the Contractor shall perform a count of its inventory of anti - tuberculosis medications and tuberculosis testing supplies furnished by DSHS and reconcile the quantities by product and lot number found by this direct count with the quantities by product and lot number listed in the electronic inventory management system furnished by DSHS. All these tasks shall he performed by the Contractor using the designated database and the designated procedures Contractor shall perform all activities under this Program Attachment in accordance with Contractor's final, approved work plan (attached as Exhibit A), and detailed budget as approved by DSHS. Contractor must receive written approval from DSHS before varying from applicable policies, procedures, protocols, and the final approved PROGRAM ATTACHMENT PAGE 2 work plan, and must update its implementation documentation within forty -eight (48) hours of making approved changes so that staff's working on activities under this contract are made aware of the change(s). DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS Program will monitor Contractor's expenditures on a quarterly basis. If expenditures are below those projected in Contractor's total Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Program Attachment term. Vacant positions existing after ninety (90) days may result in a decrease in funds. REPORTING: Due to the inherent time to complete treatment for tuberculosis disease and latent tuberculosis infection in relation to the period of the Program Attachment, required reporting under this Program Attachment will show results for work performed under previous Program Attachments. Contractor shall provide a complete and accurate annual narrative report, in the format provided by DSHS, demonstrating compliance with the requirements of this Program Attachment. The report shall include, but is not limited to, a detailed analysis of performance related to the performance measures listed below. The narrative report shall be sent to the Department of State Health Services, Tuberculosis Services Branch, Mail Code 1 873, 4110 Guadalupe, PO Box 149347, Austin, Texas 78714 -9347 via regular mail, or by fax to (51 2)371 -4675, or e -mail to TBContractReporting@dshs.state.tx.us. Contractor shall maintain the documentation used to calculate performance measures as required by the General Provisions Article VIII "Records Retention" and by the Texas Administrative Code Title 22, Part 9 Chapter 165, §I65.1 regarding the retention of medical records. Report periods and due dates are as follows: PERIOD COVERED DUE DATE January — December 2012 February 15, 2013 Contractor shall send all initial reports of confirmed and suspected TB cases to DSHS within seven (7) working days of identification or notification. Updates to initial DSHS Report of Cases and Patient Services Form (TB -400) (e.g., diagnosis, medication changes, x -rays, and bacteriology) and case closures shall be sent within thirty (30) calendar days from when a change in information in a required PROGRAM ATTACHMENT PAGE 3 reporting field occurs to DSHS at 4110 Guadalupe, Mail Code 1873, PO Box 149347, Austin, Texas 78714 -9347. Contractor shall send an initial report of contacts on all Class 3 TB cases and smear- positive Class 5 TB suspects within thirty (30) days of identification using DSHS Report of Contacts Form (TB -340 and TB-341). New follow -up information (not included in the initial report) related to the evaluation and treatment of contacts shall be sent to DSHS on the TB -340 and TB- 341 at intervals of ninety (90) days, 120 days, and two (2) years after the day Contractor became aware of the TB case. Electronic reporting to DSHS for Class 3 TB cases, smear positive Class 5 TB suspects, and their contacts may become available during the term of this Program Attachment. Contractor may avail itself of this option if it adheres to all the electronic reporting requirements (including system requirements) provided at that time. Contractor will determine and report annually the number of persons which receive at least one (1) TB service including but not limited to tuberculin skin tests, chest radiographs, health care worker services, or treatment with one or more anti- tuberculosis medications. Contractor shall evaluate and monitor Class B immigrants and when needed place them on appropriate prophylaxis for successful completion of treatment. Immigrant notifications shall be obtained through the Electronic Disease Notification (EDN) system. The TB Follow -up Worksheet in EDN shall be completed for all immigrants whose notification was obtained through EDN. Contractor shall evaluate refugees and other at -risk clients referred by the Refugee Health Program for further clinical evaluation and when needed place those refugees on appropriate prophylaxis and monitor them for successful completion of treatment. The TB Worksheet in EDN shall be completed on refugees and other at -risk clients who are reported through EDN. SECTION II. PERFORMANCE MEASURES: The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Contract, without waiving the enforceability of any of the other terms of the Contract or any other method of determining compliance: 1. Cases, and suspected cases, of TB under treatment by Contractor shall be placed on timely and appropriate Directly Observed Therapy (DOT). If data indicates a compliance rate for this Performance Measure of less than 90%, PROGRAM ATTACHMENT PAGE 4 - then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 2. Newly diagnosed TB cases that are eligible* to complete treatment within 12 months shall complete therapy within 365 days or less; *Exclude TB cases 1) diagnosed at death, 2) who die during therapy, 3) who are resistant to Rifampin, 4) who have meningeal disease, and /or 5) who are younger than 15 years with either rniliary disease or a positive blood culture for TB. If data indicates a compliance rate for this Performance Measure of less than 85 %, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 3. TB cases with initial cultures positive for Mycobacterium tuberculosis complex shall be tested for drug susceptibility and have those results documented in their medical record. If data indicates a compliance rate for this Performance Measure of less than 97.4 %, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 4. Newly - reported cases of TB with Acid -fast Bacillis (AFB) positive sputum culture results will have documented conversion to sputum culture - negative within 60 days of initiation of treatment. If data indicates a compliance rate for this Performance Measure of less than 45 %, then DSHS may (at its sole discretion) require additional measures be taken by contractor to improve the percentage, on a timeline set by DSHS; 5. Newly - reported TB cases shall have an HIV test performed (unless they are known HIV- positive, or if the patient refuses) and shall have positive or negative HIV test results reported to DSHS according to the reporting schedule provided in Section 1, B herein. If fewer than 80% of newly reported TB cases have a result of an HIV test reported, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 6. Newly - reported suspected cases of TB disease shall be started in timely manner on the recommended initial 4 -drug regimen. If fewer than 93.2% of newly - reported TB cases are started on an initial 4 -drug regimen in accordance with this requirement, then DS HS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 7. Newly - reported TB patients with a positive AFB sputum -smear result shall have at least three contacts identified as part of the contact investigation that must be pursued for each case. If data indicates a compliance rate for this PROGRAM ATTACHMENT PAGE 5 Performance Measure of less than 90%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 8. Newly - identified contacts, identified through the contact investigation, that are associated with a sputum AFB smear - positive TB case shall be evaluated for TB infection and disease. If data indicates a compliance rate for this Performance Measure of less than 81.5 %, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 9. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear - positive case and that are newly diagnosed with latent TB infection (LTBI) shall be started on timely and appropriate treatment. If data indicates a compliance rate for this Performance Measure of less than 65 %, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 10. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear- positive case that are newly diagnosed with LTBI and that were started on treatment shall complete treatment for LTBI as described in Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000, and according to the timelines given therein. If data indicates a compliance rate for this Performance Measure of less than 45 %, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; 11. Newly - reported TB patients that are older than 12- years -old and that have a pleural or respiratory site of disease shall have sputum AFB - culture results reported to DSHS according to the timelines for reporting initial and updated results given herein. If data indicates a compliance rate for this Performance Measure of less than 89.5 %, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS; and 12. All reporting to DSHS shall be completed as described in Section I, B- Reporting and submitted by the deadlines given. If the Contractor fails to meet any of the performance measures, the Contractor shall furnish in the narrative report, due February 15, 2013, a written explanation including a plan (with schedule) to meet those measures. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the contract regarding breach. PROGRAM ATTACHMENT PAGE 6 • SECTION III. SOLICITATION DOCUMENT: Exempt Governmental Entity SECTION IV. RENEWALS: None SECTION V. PAYMENT METHOD: Cost Reimbursement Funding is further detailed in the attached Categorical Budget and if applicable, Equipment List. SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B -13) and acceptable supporting documentation for reimbursement of the required services /deliverables. The B -13 can be found at the following link http://www.dshs.state.tx.us/g,rants/forms/b13form.doc. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses /number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street PO BOX 149347 Austin, Texas 78714 -9347 The fax number for submitting State of Texas Purchase Voucher (Form B -I3) to the Claims Processing Unit is (512) 776 -7442. The email address is invoices (4 ?dshs, state.t.x.us. SECTION VII. BUDGET: SOURCE OF FUNDS: STATE DUNS #069457786 PROGRAM ATTACHMENT PAGE 7 SECTION VIII. SPECIAL PROVISIONS: General Provisions, Article 111. Funding, Section 3.06 Nonsupplanting, is revised to include the following: Funding from this Contract shall not be used to supplant (i.e., used in place of funds dedicated, appropriated or expended for activities funded through this Contract) state or local funds, but Contractor shall use such funds to increase state or local funds currently available for a particular activity. Contractor shall maintain local funding at a sufficient rate to support the local program. If the total cost of the project is greater than DSHS' share set out in SECTION VII. BUDGET, Contractor shall supply funds for the remaining costs in order to accomplish the objectives set forth in this Contract. All revenues directly generated by this Contract or earned as a result of this Contract during the term of this Contract are considered program income; including income generated through Medicaid billings for TB related clinic services. Contractor may use the program income to further the scope of work detailed in this Contract, and must keep documentation to demonstrate such to DSHS's satisfaction. This program income may not be used to take the place of existing local, state, or federal program funds. General Provisions, Article XIII. General Tereus, Section 13.15 Amendment, is amended to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Program Attachment. PROGRAM ATTACHMENT PAGE 8 11 2013- 041112 -001 Categorical Budget: PERSONNEL' FRINGE BENEFITS TRAVEL EQUIPMENT SUPPLIES: CONTRACTUAL OTHER TOTAL DIRECT CHARGES NDIRCT CHARGES. TOTAL DSHS SHARE CONTRACTOR SHARE OTHER MATCH $21,11.8.00 $13,687,00 $2,916 00'` $0.00 2,888 00' $27,230.00 5,437.00 $73,276.00 $0.00 $73,276.00 73,276 00 $0.00 $o 00 Total reimbursements will not exceed $73,276.00 Financial status reports are due: 12/31/2012, 04/01/2013, 07/01/2013, 10/31/2013 12- DSHS CONTRACT NUMBER: 2013-041112 CORPUS CHRISTI NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) TB /PC -STATE EXHIBIT A WORK PLAN 1. Summarize the proposed services, service area, population to be served, location (counties to be served), etc. List subcontractors you will work with in your area. Also, address if and how you will serve individuals from counties outside your stated service area. The service area for Corpus Christi - Nueces County Tuberculosis Elimination Program covers approximately 838 miles of land. The Gulf of Mexico is to the east, San Patricio County to the north, Jim Wells County to the west, Kleberg County to the south and approximately 150 miles from the Mexican border, The total population in Nueces County is 340,223 with an ethnicity divided into 60,6% Hispanic, 32.8% Anglo, 3.6% Black and 3% categorized as "other ". This information was obtained from The County Information Project, Texas Association of Counties. The Corpus Christi - Nueces County Tuberculosis Elimination Program (CCNCTBEP) provides basis services for tuberculosis control and prevention in Corpus Christi and Nueces County. Services are provided in compliance with the Corpus Christi - Nueces County Tuberculosis Elimination Clinic's Protocols, Texas Department of State Health Services Tuberculosis Surveillance Division Standards of Performance, American Thoracic Society and Center for Disease Control (ATS /CDC) Joint Statements. The Corpus Christi - Nueces County Tuberculosis Elimination Program identified 14 countable cases for 2011, this is a case rate of 4 cases per 100,000 of the population. Clinical and outreach services target identification of TB cases /suspects, contacts, evaluation of those individuals seeking to immigrate to this country with alien waivers. Outreach services target those individuals in correctional facilities, homeless shelters, alcohol /drug treatment centers, identification of the homeless living on streets with active tuberculosis and those individuals with latent TB infection (LTBI) and /or HIV /Aids at high risk of developing active tuberculosis. CCNCTBEP works closely with the neighboring counties, hospital, local physicians, and local, county and federal jails /prisons and the State TB nurse to do DOT /DOPT, contact investigation, x -ray services, medications, monitoring and transportation to or from Texas Center for Infectious Diseases for Corpus Christi, Nueces County and surrounding counties when requested. 2. Describe delivery systems, workforce (attach organizational chart), policies, support systems (i.e., training, research, technical assistance, information, financial and administrative systems) and other infrastructure available to achieve service delivery and policy-making activities. What resources do you /3 have to perform the project, who will deliver services and how will they be delivered? The main objective for CCNCTBEP is 100% DOT resulting in prevention and cure of Tuberculosis, and all policies and activities are based on this objective. The City of Corpus Christi provides the office space, utilities, administrative support and computer maintenance for the internet based programs, TWICES and PICS, utilized by CCNCTBEP. Both the state and federal grants have been decreasing yearly. The financial management is now assigned to an accountant at City Hall to oversee the expenditures and send in the FRS to the state for payment. CCNCTBEP initiated a program in 2003 to earn money by selling ppd's to the general public for a cash fee. The ppd and supplies are purchased with program income. This has kept our clinic viable as the amount of the grants decrease. CCNCTBEP has been fortunate to be able to retain the core staff of one (1) RN for 15 years (Barbara Cavazos, RN) paid by Nueces County and works clinic, DOT and contact investigation; one (1) outreach worker for 17 years (Gabriel Duran, CSA) in the Federal Grant that does DOT /DOPT, contact investigation, outreach ppd's for the eleven (11) homeless shelters, locates missing clients and helps locate individuals on alien waivers for evaluation; one (1) receptionist for 17 years (Brenda Hinojosa) in the State Grant, who manages the LTBI records, sends missed appointment letters and is responsible for program income bank deposits; and one (1) medical records tech for 15 years (Veronica Karen Rodriguez) who is responsible for the case registry, data entry of TB suspects /cases, monthly sputum collection, DOT /DOPT, works with all staff to help initiate contact investigations, prepares monthly clinic data reports, takes over the duties of the outreach worker andlor receptionist if they are out and a new TB Program Manager, Laura Oberts, RN, BSN, paid by the City of Corpus Christi. All staff work in the office and field as needed to do contact investigations, DOT /DOPT and tracking of patients, those patients missing DOT /DOPT doses are located by the outreach worker and a female employee will be utilized when needed, i.e., to bring in a female client for evaluation or work -up. All staff members are licensed and /or certified to drive the outreach van for DOT /DOPT or to transport a client to the Texas Center for Infectious Disease in San Antonio for admission. CCNDTBEP is very fortunate to have a vehicle at their disposal 100% of the time for TB outreach. We are also very fortunate that the City of Corpus Christi provides the use of a city vehicle when our van is to be serviced. 3. Determine the number of persons who received from the CONTRACTOR in 2012 at least one TB service including but not limited to tuberculin skin tests, chest radiographs, health care worker services, or treatment with one or more anti - tuberculosis medications. The CCTBC counts, on a monthly basis, the number of ppd's placed for paying and non - paying clients, the number of homeless, number of alcohol /drug treatment clients tested and /or x- rayed, the number of preventive medication refills, the number of doses of DOT /DOPT administered and the number of missed doses is recorded. Daily sign - in logs are kept of all clients utilizing these services provided by the TB clinic and the number of services provided is pulled from this sign -in log. 4. Describe how data is collected and tabulated, who will be responsible for data collection and reporting, and how often data collection activities will occur. Describe how you will conduct community surveillance, to identify unreported cases of TB and individuals suspected of having TB infection. Describe how you will maintain a record of outbreaks, in your area, with a description of the outbreak and how it was managed. Monthly counts are recorded on all services provided by the CCNCTBEP, such as TB skin tests and readings, nurse consultations /evaluations, positive reactors, referrals, chest x -rays, preventive medication, DOT /DOPT. All clients are required to sign in when they arrive at the TB clinic and they specify on the sign -in sheet the service needed. Identify and examine all household, social, occupational and other close contacts to the suspected infectious TB suspect/case within seven (7) days of notification utilizing the concentric circle and send the preliminary TB -340 to Austin TB Elimination. All close household contacts to a smear positive TB suspecticase will have a chest x -ray regardless of their TB skin test result. A follow -up TB -340 is to be forward to Austin within 90 days and again at 120 days with the final report being sent when all positive reactors have completed their INH regimen of 9 months preventive therapy. All children with a negative chest x -ray that live in the house with a smear positive TB suspecticase are placed on directly observe preventive therapy. At the 3 -month follow - up those with a positive ppd are continued for nine (9) months on INH and those that have a negative ppd at follow -up may discontinue INH if the ppd is negative and the TB suspecticase is no longer smear positive or no longer in the home. All household contacts five (5) years and younger are placed on DOPT, older household contacts are placed on DOPT as resources allow. All patients on DOT /DOPT are assessed for drug toxicity prior to each dose of medication and must come into the clinic once a month for a workup that includes a drug toxicity check, visual acuity and age appropriate lab. All positive reactors referred to CCTBC by private physician are questioned as to who infected them. They are provided with a chest x -ray or given a referral for a chest x -ray privately. The x -rays are read by Dr. William W. Burgin, Jr. and preventive medication is ordered if the chest x -ray is normal. Positive reactors picking up medication monthly must have a drug toxicity check, visual acuity and age appropriate lab with their monthly workup. Treatment for latent TB infection (LTBI) is provided without cost to the patient. 5. Describe how the accuracy, timeliness and completeness of data collected will be assessed and verified. if not already in place, describe how you will develop a written plan to assess the quality of data collected. Data is gathered monthly from the daily sign -in log (date /time included), log book for monthly lab, HIV, syphilis, referrals, chest x -ray log, alcohol /drug treatment facility log, jail reports, homeless shelter log, monthly count of DOT /DOPT doses, monthly count of paid and non -paid ppd's. 6. Describe coordination with the other health and human services providers in the service area(s) and delineate how duplication of services is to be avoided. List other community programs you will be working with in your jurisdiction (community based organizations, private providers, hospitals, and service organizations). CCNCTBEP manages all reported TB suspects /cases in Corpus Christi - Nueces County and works closely with all community based organizations often assisting TB programs in other counties with the management of the TB suspects /cases. The TB clinic staff coordinates monthly with the homeless shelters, drug /alcohol abuse programs, county jail and federal detention center the testing andlor evaluation of those clients that utilize their facilities. This data is gathered monthly and indicates the number of clients tested and /or evaluated for TB disease and /or infection. 7. Describe ability to provide services to culturally diverse populations (e.g., use of interpreter services, language translation, compliance with ADA requirements, location, hours of service delivery, and other means to ensure accessibility for the defined population). CCNCTBEP has two bilingual full -time employees, Brenda Hinojosa and Gabriel Duran. They speak English and Spanish fluently, Mr. Duran is able to translate clinic forms and client instructions when needed. Also at our disposal is the Language Line Services at www.languageline.com or at 1- 800 - 752 -6096. 8. Describe your strategy for the management of TB cases and suspects, with emphasis on provision of directly observed therapy (DOT); and use of incentives and enablers. All TB suspects /cases are placed on 4 -drug therapy given by DOT per the American Thoracic Society (ATS), Center for Disease Control (CDC) and Infectious Diseases Society of America (IDSA) guidelines. Private physicians are provided current information related to TB management to ensure the correct medication and DOT is ordered. If a private physician does not place a patient on 4 -drug therapy or DOT, a consultation is requested for that physician with Dr. William W. Burgin, Jr., Dr. Barbara Seaworth, Dr, David Griffith or Dr. Jeffrey Starke. TB suspects /cases determined to be infectious by smear are placed on home isolation until they are no longer able to transmit disease. Control orders are utilized at the start of care to establish parameters and prevent the need for quarantine. Control orders are given in the patient's language or an interpreter or guardian may read the letter to the patient. Court ordered management would be initiated for those that are non - compliant. Education is provided for TB suspectslcases and their families that cover TB disease vs. infection, INH side effects, importance of following all the instructions given, the schedule for follow -up chest x -rays, having blood drawn, monthly work -ups, sputum collection and the phone number of the case manager. All TB suspects/cases are informed that if they need to talk to the TB Clinic medical consultant they can schedule an appointment to speak to the consultant. Drug susceptibility is done on all initial specimens identified as M.TB and treatment is adjusted if drug resistance is identified. Sputum is collected on three (3) consecutive days every two weeks while smear positive. When the patient converts to being smear negative sputum is then collected on three (3) consecutive days monthly until the end of treatment. If the patient remains smear and culture positive on adequate doses of medication then new susceptibilities are requested. Drug levels are done on an as needed basis for those patients that continue to be smear and culture positive longer than the guidelines address. Those patients identified as drug resistant or with low drug levels, require a consultation with a state paid consultant. A licensed physician certified in pulmonary diseases monitors TB suspectslcases. HIV and syphilis counseling as well as testing, are part of the admission lab. Toxicity assessment is done prior to each dose of medication. Liver profiles are drawn per DSHS Tuberculosis Elimination Division protocols throughout treatment. Visual acuity is done monthly while color vision and hearing screening is done based on the drugs the patient is prescribed. All this is recorded in the patient's record, TB suspects /cases are treated without consideration to the patient's ability to pay. 9. Describe your process for review of cases under management. TB suspects/cases have physician review. Patients are started on a 4 -drug therapy: 14- day regimen of daily medication, then changed to twice weekly for two months on four drugs. At the end of two months, the drug regimen is again changed and the patient continues therapy on two drugs until nine (9) months have been completed. All doses of medication are given by directly observed therapy. Sputum is collected every two weeks while the patient is smear positive. Sputum collection continues monthly after converting to smear negative and susceptibilities are reviewed. Drug levels are utilized for those patients who have not converted to smear and culture negative in a timely manner. Current chest x -rays are evaluated every three months and monthly workups are done by clinic nurse. 10. Describe your strategy for the implementation of cohort analysis of cases at least quarterly. The CCNCTBEP has implemented the cohort review process with the first analysis of cases in July 2011. In attendance to these will be all TB clinic staff and medical director. This clinic also utilizes the DSHS audit forms for chart and program review on a quarterly basis, forms are then recorded in the patient's chart. 11. Describe your strategy for the management of contacts and positive reactors, with emphasis on directly observed preventive therapy (DOPT). Identify and evaluate all household, social, occupational and other close contacts to the suspected infectious TB suspects/cases within 7 days of notification utilizing the concentric circle and send the preliminaryTB -340 to Austin TB Surveillance. All close household contacts to a smear positive TB suspect or case will have a chest x -ray regardless of their TB skin test result. A follow -up TB -340 is to be forwarded to Austin within 90 days and again at 120 days with the final report being sent when all positive reactors have completed their INH regimen of 9 months preventive therapy. Children with a negative chest x -ray that live in the house with a smear positive TB suspect/case are placed on directly observed preventive therapy on INH. Those with a positive ppd at follow -up are continued for 9 months on INH and those that have a negative ppd at follow -up may discontinue INH if the TB suspect/case is no longer smear positive or no longer in the home. Household contacts five (5) years and younger are placed on DOPT as resources allow. All patients on DOT /DOPT are assessed for drug toxicity prior to each dose of medication and must come into the clinic once a month for a workup that includes a drug toxicity check, visual acuity and age appropriate lab. All positive reactors referred to CCTBC by private physicians are questioned as to who infected them. They are provided a chest x -ray or given a referral for a chest x -ray privately. The x -rays are read by Dr. William W. Burgin, Jr. and INH is ordered if the chest x -ray is normal. Positive reactors picking up medication monthly must have a drug toxicity check and age appropriate lab with their monthly workup. Treatment for latent TB infection (LTBI) is provided without cost to the patient. 12. Describe your process for the review of ongoing contact investigations and your strategy to assess reasons for identification of fewer than three contacts for each case; for delays in interviewing cases or evaluating contacts, and low completion of preventive therapy for infected contacts. Staff meetings are held to identify when follow -up evaluations are due, problematic areas with DOT /DOPT, suspects /cases, and/or contacts. When problems are identified, additional assessment is done and solutions are presented. if necessary, additional consultation with the client and staff is scheduled, The client has the option to attend or not attend, a date is set to readdress the problem and update staff on progress. Contacts are educated on the importance of starting and completing preventive therapy if their skin test is positive. CCTBEP has staff to educate both in English and Spanish. 13. Describe your infection control procedures. All CCNCTBEP staff receive education related to personal respirators, when to wear the respirators and how to maintain them. Each staff member has been fit tested. CCNCTBEP has three (3) portable hepa filter units as needed. A mask is placed on anyone in the office that is coughing and the patient is immediately taken to an exam room with a hepa filter and UV light. Sputum is collected in a negative pressure chamber. CCNCTBEP has seven (7) UV lights installed in the clinic areas, the x -ray room, lobby and hallway over the clinic exit sign. Skin testing for TB staff is done every three months. To date, the five employees working in this program remain skin test negative and four have worked in the TB clinic more than ten years. 14. Describe plans to conduct targeted TB screening programs for high -risk populations. The CCNCTBEP staff has excellent working relationships with the homeless shelters, drug /alcohol treatment centers, jail and other adult and juvenile correctional facilities. We work closely with the indigent health clinic at Christus Spohn Memorial Hospital, high -risk maternity clinics, the Valley Aids Clinic and Coastal Bend Aids Foundation. The primary DOT provider speaks and writes fluent Spanish. Information is provided to Austin TB Surveillance through CCNCTBEP related to these targeted populations. 15. Describe your strategy to provide professional education and training programs for new and current TB staff. Professional education consists of the education and training of new employees and the continuing education of TB staff. Training is provided to all new employees within 60 days. Each new employee must receive 40 hours of TB education within the first 60 days of employment and 16 hours of training each year thereafter. This includes all staff involved in TB activities including physicians, nurses, investigators, outreach workers, data entry clerks, receptionists and other support staff. The TB education will be utilized when possible to provide workshops with continuing hours of education being documented. CDC's "Self Study Modules on Tuberculosis" are used in the initial training and the test given at the completion of the modules. Initial and follow -up training will include the suggested reading materials identified in the DSHS contract. A written plan will be developed for each new employee and addressed with the new staff member by the TB program manager, on the first day the employee spends in the TB clinic after City orientation. A time frame will be established for completing the initial education phase and a time frame will be established for acquiring the 16 hours of TB education needed yearly. The assessment of need will be done by the employee and program manager and the plan will be written yearly before the annual employee evaluation and reviewed quarterly with the employee by the program manager and a copy will be placed in their personal record and they will retain a copy for themselves. Staff will be instructed where the staff education notebook is kept and that they are responsible for recording each educational event and notifying the program manager if a workshop is cancelled and rescheduling is needed. A copy of DSHS Performance Standards for professional education will be given to each new employee at time of hire and to all other staff, and a copy will be placed in the TB Education Notebook for reference. 16. Describe your strategy to document the evaluation of immigrants and refugees with the following notifications: Class A; Class B1 — Pulmonary; Class B1 -- Extrapulmonary; Class B2; Class B3. Class A applicants are first located and a home assessment is done. If small children are in the home, other living arrangements must be made. If needed, the client is transported to the TB clinic, sputum is collected, a record is opened, arrangements are made for a chest x -ray, explanations are given in the patient's language or in English and medications will be started per physician orders as what to expect, a personal and medical history is taken. The state TB elimination program is notified, client information and current status is given with the name of the airlines, the flight number, number of stops made by the plane where individuals either got on or off the plane and if the client changed planes. If unable to locate the client at the given address, if individuals are there, information will be requested as to where the individual has gone and a referral will be made to the local health department in that area to locate this individual for a comprehensive evaluation for tuberculosis. Class B1 pulmonary applicants must be located and provided a complete evaluation and education as above to determine if they have developed active disease. The same information as above needs to be collected to ensure if this person has or has not developed active disease so that all the people they travelled with can be notified and evaluated in a timely manner. Class B1 completed treatment applicants must be located, provided a chest x -ray, three consecutive sputum collected and travel information obtained if necessary, to inform the authorities and the airlines to locate contacts to the individual travelling on the planes. If the evaluation is negative, no additional testing is necessary at this time. Educate the client about TB and have them follow -up as needed. Educate on the signs and symptoms of TB. Class B1 extra - pulmonary and Class B2 LTBI applicants must be located and provided a complete work -up. Collect the necessary information, i.e., the airlines, in the event the client is active. Identify and obtain addresses of individuals the client was around prior to immigrating that might have had TB or could have been exposed. Educate the client to recognize signs and symptoms of Tuberculosis; treat with DOT if physician elects to treat, Class B3 contact applicants are given a TB skin test, if necessary, to complete the immigration process. If the TB skin test is positive a chest x -ray must be done to rule out tuberculosis. if the x -ray is negative, the applicant is given education in TB disease vs. infection, i.e., the advantages and possible side effects of the medication, length of treatment and that there is no guarantee that by taking the medication one will not get TB, as the TB skin test will always show positive even if the medication is taken. CONTRACT NO. 2013- 041112 PROGRAM ATTACHMENT NO. 002 PURCHASE ORDER NO. 0000385246 CONTRACTOR: CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) DSHS PROGRAM: Preparedness and Prevention Community Preparedness Section /Laboratory Response N TERM:09/01/2012 THRU: 08/31/2013 SECTION L STATEMENT OF WORK: The Contractor shall assist The Department of State Health Service (DSHS) in the implementation of Office of the Assistant Secretary for Preparedness and Response (OASPR), Hospital Preparedness Program (HPP) - CFDA Number 93.889 - to enhance the ability of hospitals and health care systems to prepare for and respond to bioterrorism and other public health emergencies. Contractor shall conduct activities at the local level as stated in the Fiscal Year (FY) 2013 Hospital Preparedness Program Workplan for the Texas Laboratory Response Network (LRN), Exhibit A ( Workplan). Contractor shall: • Maintain extensive collaboration with all hospitals located in the identified service area to plan for response activities for biothreats; • Present laboratory - oriented training to hospitals and reference laboratories in the identified service area on the LRN sentinel protocols to include packaging and shipping of both biological and chemical samples according to published Centers for Disease Control and Prevention (CDC) protocols; • Maintain a system for safe specimen transport from local laboratories; • Explore the capabilities and needs of sentinel laboratories; • Submit a quarterly report according to DSHS guidelines; and • Provide individual LRN surge capability plan. Contractor shall comply with all applicable federal and state laws, rules, and regulations including, but not limited to, the following: • Public Law 107 -188, Public Health Security and Bioterrorism Preparedness and Response Act of 2002; • Public Law 107 -188, Regulation of Certain Biological Agents and Toxins; • Public Law 109 -417, Pandemic and A11- Hazards Preparedness Act of 2006; and • Chapter 81, Texas Health and Safety Code. ATTACHMENT — Page Contractor shall comply with all applicable regulations, standards and guidelines in effect on the beginning date of this Program Attachment. The following documents are incorporated by reference and made a part of this Program Attachment: • FY 2013 Office of the Assistant Secretary for Preparedness and Response (OASPR) Hospital Preparedness Program - CFDA Number 93.889 - http: / /www.phe.gov /preparedness/ planning /hpp /pages /default.aspx • FY 2013 Hospital Preparedness Program Workplan for Laboratory Response Network (LRN) Laboratories; • Contractor's FY 2013 Applicant Information and Budget Detail; and • CDCs Local Emergency Preparedness and Response Inventory. Contractor shall notify DSHS in advance of Contractor's plans to participate in or conduct local exercises, in a format specified by DSHS. Contractor shall participate in statewide exercises planned by DSHS as needed to assess the capacity of Contractor to respond to bioterrorisrn, other outbreaks of infectious disease, and other public health threats and emergencies. Contractor shall prepare after - action reports, documenting and correcting any identified gaps or weaknesses in preparedness plans identified during exercises, in a format specified by DSHS. Contractor shall cooperate with DSHS to coordinate all planning, training and exercises performed under this Program Attachment with the Governor's Division of Emergency Management of the State of Texas, or other points of contact at the discretion of the division, to ensure consistency and coordination of requirements at the local level and eliminate duplication of effort between the various domestic preparedness funding sources in the state. In the event of a public health emergency involving a portion of the state, Contractor shall mobilize and dispatch staff or equipment that were purchased with funds from this Program Attachment and that are not performing critical duties in the jurisdiction served to the affected area of the state upon receipt of a written request from DSHS. Contractor shall inform DSHS in writing if it shall not continue performance under this Program Attachment within thirty (30) days of receipt of an amended standard(s) or guideline(s). DSHS may terminate the Program Attachment immediately or within a reasonable period of time as determined by DSHS. Contractor shall develop, implement, and maintain a timekeeping system for accurately documenting staff time and salary expenditures for all staff funded through this Program Attachment, including partial Full Time Employees (FTEs) and temporary staff. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. ATTACHMENT — Page 2 If expenditures are below that projected in Contractor's total Contract amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. SECTION II. PERFORMANCE MEASURES: Contractor shall complete the PERFORMANCE MEASURES as stated in the attached Exhibit A (Workplan). Contractor shall provide reports as requested by DSHS to satisfy information- sharing requirements set forth in Texas Government Code, Sections 421 .071 and 421.072 (b) and (c). Contractor shall provide services in the following counties: Bee, Calhoun, Goliad, Jackson, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, San Patricia, Victoria SECTION III. SOLICITATION DOCUMENT: Exempt --- Governmental Entity SECTION IV. RENEWALS: Renewals are permitted on a one -year basis, at DSHS's discretion, and dependent upon funding availability, through FY 2013. SECTION V. PAYMENT METHOD: Cast Reimbursement Funding is further detailed in the attached Categorical Budget and, if applicable, Equipment List. SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment by submitting the State of Texas Purchase Voucher (Form B -13) on a monthly basis and acceptable supporting documentation for reimbursement of the required services /deliverables. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses /number below: Claims Processing Unit, MC 1940 Texas Department of State Health Services 1 100 West 49th Street PO Box 149347 Austin, TX 78714 -9347 ATTACHMENT — Page 3 The fax number for submitting State of Texas Purchase Voucher (Form B -13), and Financial Status Report to the Claims Processing Unit is (512) 458 -7442. The email address is invoices @dshs.state.tx.us. SECTION VII. BUDGET: SOURCE OF FUNDS: CFDA #93.889 DUNS Number 069457786 Funding is further detailed in the attached Categorical Budget and, if applicable, Equipment List. SECTION VIII. SPECIAL PROVISIONS: General Provisions, Article I Compliance and Reporting , Reporting Section 1.03 is revised to include: Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and shall provide any other information requested by the Department in the format required by DSHS. Failure to submit any required report or additional requested information by the due date specified in the Program Attachment(s) or upon request constitutes a breach of contract, may result in delayed payment and /or the imposition of sanctions and remedies, and, if appropriate, emergency action; and may adversely affect evaluation of Contractor's future contracting opportunities with the Department. Contractor shall submit quarterly progress reports to DSHS no later than thirty (30) days after the end of each quarter in a format specified by DSHS. Contractor shall provide DSHS other reports, including financial reports, and any other reports that DSHS determines necessary to accomplish the objectives of this contract and to monitor compliance. If Contractor is legally prohibited from providing such reports, it shall immediately notify DSHS. General Provisions, Article IV Payment Methods and Restrictions, Billing Submission Section 4.02, is amended to include the following: Billing Submission. Contractors shall bill the Department in accordance with the Program Attachment(s) in the form and format prescribed by DSHS. Unless otherwise specified in the Program Attachment(s) or permitted under the Third Party Payors section of this Article, Contractor shall submit requests for reimbursement or payment monthly by the last business day of the month following the end of the month covered by the bill. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. Contractor shall submit requests for reimbursement or payment, or revisions to previous reimbursement request(s), no later than August 14, 2013 for costs incurred between the services dates of September 1, 2012 and June 30, 2013. General Provisions, Article IV Payment Methods and Restrictions, Financial Status Reports (FSRs) Section 4.05, is amended to include the following: ATTACHMENT -- Page 4 Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of the Program Attachment(s), for contracts with categorical budgets, Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Program Attachment term for Department review and financial assessment. Contractor shall submit the final FSR no later than sixty (60) calendar days following the end of the applicable term. Contractor shall submit FSRs to Accounts Payable by the last business day of the month following the end of each term reported. The FSR period will be reported as follows: Quarter One shall include September 1, 2012 through November 30, 2012. Quarter two shall include December 1, 2012 through February 28, 2013. Quarter three shall include March 1, 2013 through June 30, 2013. Quarter four shall include July 1, 20I3 through August 31, 2013. Contractor shall submit the final FSR no later than sixty (60) calendar days following the end of the applicable term. General Provisions, Article V Terms and Conditions of Payment Article, is revised to include: Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department will pay Contractor. Payments and reimbursements are contingent upon a signed Contract and will not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment or reimbursement only if the service, work, and /or product has been authorized by the Department and performed or provided pursuant to this Contract. If those conditions are met, Department will make payment in accordance with the Texas prompt payment law (Tex. Gov. Code Chapter 2251). Contractor shall comply with Tex. Gov. Code Chapter 2251 regarding its prompt payment obligations to subcontractors. Payment of invoices by the Department will not constitute acceptance or approval of Contractor's performance, and all invoices and Contractor's performance are subject to audit or review by the Department. Withholding Payments. Department may withhold all or part of any payments to Contractor to offset reimbursement for any ineligible expenditures, disallowed costs, or overpayments that Contractor has not refunded to Department, or if financial status report(s) required by the Department are not submitted by the date(s) due. Department may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Condition Precedent to Requesting Payment. Contractor shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including any advance payments from Department. Acceptance as Payment in Full. Except as permitted in the Fees for Personal Health Services section of the Services Article of these General Provisions or under 25 Tex. Admin. Code § 444.413, Contractor shall accept reimbursement or payment from DSHS as payment in full for services or goods provided to clients or participants, and Contractor ATTACHMENT — Page 5 shall not seek additional reimbursement or payment for services or goods from clients or participants or charge a fee or make a profit with respect to the Contract. A fee or profit is considered to be an amount in excess of actual allowable costs that are incurred in conducting an assistance program. DSHS will monitor Contractor's billing activity and expenditure reporting on a quarterly basis. Based on these reviews, DSHS may reallocate funding between contracts to maximize use of available funding. General Provisions, Article VI Allowable Costs and Audit Requirements, Section 6.01 is amended to include the following: Allowable Costs. For services satisfactorily performed, and sufficiently documented, pursuant to this Contract, DSHS will reimburse Contractor for allowable costs. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall return the funds to DSHS within thirty (30) calendar days of the date of this written notice. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s) required under the Financial Status Reports section are not submitted by the due date(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include- Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A -87 (2 CFR, Part 225) OMB Circular A -133 and UGMS UGMS, OMB Circular A -102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A -21 (2 CFR, Part 220) OMB Circular A -133 OMB Circular A -110 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non - Profit Organizations OMB Circular A -122 (2 CFR, Part 230) OMB Circular A-133 and UGMS UGMS; OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule ATTACHMENT — Page 6 For - profit 48 CFR Part 31, OMB Circular A- UGMS and applicable Organization other Contract Cost 133 and UGMS Federal awarding than a hospital and an organization named in OMB Circular A -122 (2 CFR Part, 230) as not subject to that circular. Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency agency common rule A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at http: / /www.dshs. state .tx.us /contracts /link.s.shtm. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. For the purposes of this Program Attachment, funds may not be used for research, reimbursement of pre -award costs, purchase vehicles of any kind, new construction, or to purchase incentive items. General Provisions, Article XII General Business Operations of Contractor, Equipment Purchases, Section 12.20is revised as follows: Equipment (Including Controlled Assets). Equipment means an article of nonexpendable, tangible personal property having a useful lifetime of more than one year and an acquisition cost of $5,000 or more, and "controlled assets." Controlled assets include firearms regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non - portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Prior approval by DSHS of the purchase of controlled assets is not required. Contractors on a cost reimbursement payment method shall inventory all equipment, including controlled assets. Contractor shall initiate the purchase of all equipment approved in writing by DSHS, in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter of the Program Attachment must be submitted to the contract manager assigned to the Program Attachment. Contractor is required to initiate the purchase of approved equipment and controlled assets no later than August 31, 2013 as documented by issue of a purchase order or written order confirmation from the vendor on or before August 31, 2013. In addition, all equipment and controlled assets must be received no later than 60 calendar days following the end of the Program Attachment term. ATTACHMENT, — Page 7 o�� General Provisions, Article XIII General Terms, Amendment Section 13.15, is amended to include the following: Amendment. The Parties agree that the Department may unilaterally reduce funds pursuant to the terms of this Contract without the written agreement of Contractor. All other amendments to this Contract must be in writing and agreed to by both Parties, except as otherwise specified in the Contractor's Notification of Change to Certain Contract Provisions section or the Contractor's Request for Revision to Certain Contract Provisions section of this Article. Contractor's request for certain budget revisions or other amendments must be submitted in writing, including a justification for the request, to the contract manager assigned to the Program Attachment; and if a budget revision or amendment is requested during the last quarter of the Contract or Program Attachment term, as applicable, Contractor's written justification must include a reason for the delay in making the request. Revision or other amendment requests may be granted at the discretion of DSHS. Except as otherwise provided in this Article, Contractor shall not perform or produce, and DSHS will not pay for the performance or production of, different or additional goods, services, work or products except pursuant to an amendment of this Contract that is executed in compliance with this section; and DSHS will not waive any term, covenant, or condition of this Contract unless by amendment or otherwise in compliance with this Article. Contractor shall submit all amendment and contract revision requests in writing to the Contract Manager at least 90 -days prior to the end of the term of this Program Attachment. Requests shall include all revised documents necessary to complete the amendment process (i.e., revised budget(s) and /or revised supporting documentation.) Exceptions to the 90 -day rule must be pre- approved by DSHS. General Provisions, Article XIII General Terms, Contractor's Request for Revision of Certain Contract Provisions Section 13.17 e), is amended to include the following: Contractor's Request for Revision of Certain Contract Provisions. A Contractor's Revision Request is an alternative method for amending certain specified provisions of this Contract that is initiated by Contractor, but must be approved by DSHS. The following amendments to this Contract may be made through a Contractor's Revision Request, rather than through the amendment process described in the Amendment section of this Article: a) cumulative budget transfers among direct cost categories, other than the equipment category, that exceed 25% of Program Attachments of $100,000 or more, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); b) budget transfer to other categories of funds for direct payment to trainees for training allowances; c) change in clinic hours or Location; ATTACHMENT — Page 8 d) change in the equipment list substituting an item of equipment equivalent to an item of equipment on the approved budget; e) changes in the equipment category of a previously approved equipment budget; f) changes specified in applicable OMB Circular cost principles as requiring prior approval, regardless of dollar threshold (e.g., foreign travel expenses, overtime premiums, membership fees; and g) cumulative budget transfers into or out of the equipment category that do not exceed 10% of any Program Attachment, provided that the total budget amount is unchanged (cumulative transfers from or to the equipment category that equal or exceed 10% of any Program Attachment require an amendment to this Contract as described in the Amendment section of this Article). In order to request a revision of any of the enumerated provisions, Contractor shall obtain a Contract Revision Request form from the DSHS website available at http:// www. dshs .state.tx.uslgrants /forms.shtm, and complete the form as directed by the Department. Two copies of the completed form must be signed by Contractor's representative who is authorized to sign contracts on behalf of Contractor, and both original, signed forms must be submitted to the contract manager assigned to the Program Attachment. Any approved revision will not be effective unless signed by the DSHS Director of the Client Services Contracting Unit. A separate Contractor Revision Request is required for each Program Attachment to be revised. Circumstances of a requested contract revision may indicate the need for an amendment described in the Amendment section of this Article rather than a contract revision amendment under this section. Contractor is not required to submit a Contract Revision Request for a change in previously approved equipment when substituting an equivalent equipment item (For example, purchase of XYZ brand computer instead of approved ABC brand computer with essentially identical features as the XYZ computer). All requirements pertaining to Equipment, not otherwise amended in this Program Attachment, remain in effect. ATTACHMENT --- Page 9 2013- 041112 -002 Categorical Budget: PERSONNEL FRINGE BENEFITS RAVEL EQUIPMENT U PPLI CONTRACTUAL OTHER TOTAL DIRECT CHARGES INDIRECT .CHARGES TOTAL 9,092 00' $6,491.00 7,313 00 $o.00 ,418.00: $0.00 ,700.00 $40,014.00 CONTRACTOR SHARE THER MATCH Total reimbursements will not exceed $40,014.00 Financial status reports are due: 12/31/2012, 03/29/2013, 07/30/2013, 10/30/2013 00 $40,014.00 4.00 $0.00 0. 31 2 U) 0 1 1- Z a J _ Z ix L Q m cc Q. a 0 c 1- Z 0 z = a 0 ��z i- o 03 U Z�n. > Z W 0 W ci) LL W Z C a >- a ce u) w 0 2 tr I- 1 0. < U ""i 0 co h CO Q re � o 0 o Z 6 E co Z 0 v cti c 0 U Exhibit A — Page 1 Exhibit A — Page 2 CONTRACT NO. 2013 - 041112 PROGRAM ATTACHMENT NO. 003 PURCHASE ORDER NO. 0000385688 CONTRACTOR: CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) DSHS PROGRAM: CPS- LABORATORY RESPONSE NETWORK -PREP TERM: 09/01/2012 THRU: 08/31/2013 SECTION I. STATEMENT OF WORK: Contractor shall perform activities in support of the Centers for Disease Control and Prevention (CDC) Cooperative Agreement Work Plan for Public Health Emergency Preparedness (Funding Opportunity CDC- RFA -TP 12- 1201). CDC's new five -year Public Health Emergency Preparedness Cooperative Agreement is designed to upgrade and integrate state and local public health jurisdictions' preparedness for and response to bioterrorism, outbreaks of infectious disease, and other public health threats and emergencies. The existence of any one of these conditions constitutes an "incident ". Contractor shall conduct activities at the local level as stated in the Fiscal Year (FY) 2013 Public Health Emergency Preparedness Workplan for Laboratory Response Network (LRN) Laboratories. Contractor shall: A) Maintain a confirmatory bioterrorism testing laboratory with a staff trained and proficient in CDCs LRN biothreat protocols; B) Test samples from identified service area for biothreat agents and toxins. Once biological agent is identified, Contractor shall be prepared to test for other infectious agents and for other public health threats and emergencies; C) Test food samples for select biological agents using conventional and advanced bacteriological techniques and CDC -LRN protocols; D) Maintain extensive collaboration with Iocal law enforcement, hazardous material and other emergency responders. In addition, Contractor shall prepare Standard Operating Procedures and Standard Operating Guidelines (SOPs /SOGs) covering interaction with these agencies in the event of an emergency or incident; E) Upon request provide copies of all new or revised SOPs /SOGs related to preparedness to DSHS with quarterly report; F) Utilize DSHS's provided Public Health Laboratory Information Management System (PHLIMS) for reporting biothreat testing and results. This reporting shall include sample and laboratory data as well as the final report; G) Prepare current information during an incident; PROGRAM ATTACHMENT — Page 1 H) Submit a quarterly report according to DSHS guidelines; and 1) Provide LRN surge capability plan. Contractor's laboratory microbiologist shall be responsible for training other Contractor laboratory staff in setting up and performing all diagnostic and reference testing for select biological agents; monitoring and evaluating biothreat incidents, outbreaks of infectious disease and other public health threats and emergencies; communicating with all other laboratories within the service area as defined by DSHS; and interacting with DSHS and CDC. Contractor shall comply with all applicable federal and state laws, rules, and regulations including, but not limited to, the following: • PubIic Law 107 -188, Public Health Security and Bioterrorism Preparedness and Response Act of 2002; • Public Law 109 -417, Pandemic and All - Hazards Preparedness Act of 2006; and • Chapter 81, Texas Health and Safety Code, Contractor shall comply with all applicable regulations, standards and guidelines in effect on the beginning date of this Program Attachment. The following documents are incorporated by reference and made a part of this Program Attachment: • Centers for Disease Control and Prevention (CDC) Guidance for Public Health Emergency Preparedness (http:l /www.cdc.gov /phpr /capabilities /index.htm); • FY 2013 Public Health Emergency Preparedness Workplan for Laboratory Response Network (LRN) Laboratories; • Contractor's FY 2013 Applicant Information and Budget Detail; and • CDCs Local Emergency Preparedness and Response Inventory. The CDC LRN -PHEP Budget Period 1 (July 1, 2012 through June 30, 2013) funds awarded herewith must be matched by costs or third party contributions that are not paid by the Federal Government under another award, except where authorized by Federal statute to be used for cost sharing or matching. The non - federal contributions (match) may be provided directly or through donations from public or private entities and may be in cash or in -kind donations, fairly evaluated, including plant, equipment, or services. The costs that the contractor incurs in fulfilling its matching or cost - sharing requirement are subject to the same requirements, including the cost principles, that are applicable to the use of Federal funds, including prior approval requirements and other rules for allowable costs as described in 45 CFR 74.23 and 45 CFR 92.24. Contractor is required to provide matching funds for the CDC LRN -PHEP Budget Period 1 (July 1, 2012 through June 30, 2013) of the Funding Opportunity Number CDC -RFA- TP12 -1201 not less than 10% of total costs. Refer to the DSHS Contractor's Financial Procedures Manual, Chapter 9 (http: / /www.dshs. state .tx.us /contracts /cfpm.shtm) for additional guidance on match requirements, including descriptions of acceptable match resources. Documentation of match, including methods and sources, must be included in PROGRAM ATTACHMENT -- Page 2 the Contractor's contract budget and PHEP Contractor must follow procedures for generally accepted accounting practices and meet audit requirements. Contractor shall notify DSHS in advance of Contractor's plans to participate in or conduct local exercises, in a format specified by DSHS. Contractor shall participate in statewide exercises planned by DSHS as needed to assess the capacity of Contractor to respond to bioterrorisin, other outbreaks of infectious disease, and other public health threats and emergencies. Contractor shall prepare after - action reports, documenting and correcting any identified gaps or weaknesses in preparedness plans identified during exercises, in a format specified by DSHS. Contractor shall cooperate with DSHS to coordinate all planning, training and exercises performed under this Program Attachment with the Texas Division of Emergency Management, or other points of contact at the discretion of the division, to ensure consistency and coordination of requirements at the local level and eliminate duplication of effort between the various domestic preparedness funding sources in the state. In the event of a public health emergency involving a portion of the state, Contractor shall mobilize and dispatch staff or equipment that were purchased with funds from this Program Attachment and that are not performing critical duties in the jurisdiction served to the affected area of the state upon receipt of a written request from DSHS. Contractor shall inform DSHS in writing if it shall not continue performance under this Program Attachment within thirty (30) days of receipt of an amended standard(s) or guideline(s). DSHS may terminate the Program Attachment immediately or within a reasonable period of time as determined by DSHS. Contractor shall develop, implement, and maintain a timekeeping system for accurately documenting staff time and salary expenditures for all staff funded through this Program Attachment, including partial FTEs and temporary staff. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below that projected in Contractor's total Contract amount, Contractor's budget may be subject to a decrease for the remainder of the Contract terra. Vacant positions existing after ninety (90) days may result in a decrease in funds. SECTION H. PERFORMANCE MEASURES: Contractor shall complete the PERFORMANCE MEASURES as stated in the attached Exhibit A. Contractor shall provide reports as requested by DSHS to satisfy information - sharing requirements set forth in Texas Government Code, Sections 421 .071 and 421.072 (b) and (c). PROGRAM ATTACHMENT — Page 3 Contractor shall provide services in the following counties: Aransas, Bee, Calhoun, Goliad, Jackson, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria SECTION III. SOLICITATION DOCUMENT: Exempt — Governmental Entity SECTION IV. RENEWALS: DSHS may renew the Program Attachment for up to three (3) additional one -year terms at DSHS's sole discretion. SECTION V. PAYMENT METHOD: Cost Reimbursement Funding is further detailed in the attached Categorical Budget and, if applicable, Equipment List. SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment by submitting the State of Texas Purchase Voucher (Form B -13) on a monthly basis and acceptable supporting documentation for reimbursement of the required services /deliverables. Additionally, the Contractor shall submit the Match/Reimbursement Certification (Form B -13A) and the Financial Status Report (FSR -269A) on a quarterly basis. Vouchers and supporting documentation shall be mailed or submitted by fax or electronic mail to the addresses /number below. Claims Processing Unit, MC 1940 Texas Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, TX 78714 -9347 The fax number for submitting State of Texas Purchase Voucher (Form 13-13), Match/Reimbursement Certification Form (B -13A), and Financial Status Report to the Claims Processing Unit is (512) 458 -7442. The email address is invoices(a:dshs.state.tx. us. SECTION VII. BUDGET: SOURCE OF FUNDS: CFDA #93.069 DUNS NUMBER: 069457786 SECTION VIII. SPECIAL PROVISIONS: PROGRAM ATTACHMENT — Page 4 37 General Provisions, Article I, Compliance and Reporting , Section 1.03 is amended to include: Reporting. Contractor shall submit programmatic reports in accordance with the reporting requirements established by the Department and shall provide any other information requested by the Department in the format required by DSHS. Contractor shall provide DSHS other reports, including financial report, and any other reports that DSHS determines necessary to accomplish the objectives of this contract and to monitor compliance. If Contractor is legally prohibited from providing such reports, Contractor shall immediately notify DSHS in writing. Failure to submit any required report or additional requested information by the due date specified in the Program Attachment(s) or upon request constitutes a breach of contract, may result in delayed payment and/or the imposition of sanctions and remedies, and, if appropriate, emergency action; and may adversely affect evaluation of Contractor's future contracting opportunities with the Department. Contractor shall provide reports as requested by DSHS to satisfy information - sharing requirements set forth in Texas Government Code, Sections 421.071 and 421.072 (b) and (c). General Provisions, Article IV, Payment Methods and Restrictions, Billing Submission Section 4.02, is amended to include the following: Billing Submission. Contractors shall bill the Department in accordance with the Program Attachment(s) in the form and format prescribed by DSHS. Unless otherwise specified in the Program Attachment(s) or permitted under the Third Party Payors section of this Article, Contractor shall submit requests for reimbursement or payment monthly by the last business day of the month following the end of the month covered by the bill. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. Contractor shall submit requests for reimbursement or payment, or revisions to previous reimbursement request(s), no later than July 30, 2013 for costs incurred between the services dates of September 1, 2012 and June 30, 2013. General Provisions, Article IV, Payment Methods and Restrictions, Financial Status Reports (FSRs) Section 4.05, is amended to include the following: Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of the Program Attachment(s), for contracts with categorical budgets, Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each term reported. The FSR period will be reported as follows: Quarter One shall include September 1, 2012 through November 30, 2012. Quarter two shall include December 1, 2012 through February 28, 2013. Quarter three shall include March 1, 20I3 through June 30, 2013. Quarter four shall include July 1, 2013 through August 31, 2013. PROGRAM ATTACHMENT — Page 5 2)2) Contractor shall submit the final FSR no later than sixty (60) calendar days following the end of the applicable term. General Provisions, Article VII, General Business Operations of Contractor, Section 12.20 Equipment (Including Controlled Assets)., is revised as follows: Equipment means an article of nonexpendable, tangible personal property having a useful lifetime of more than one year and an acquisition cost of $5,000 or more, and "controlled assets." Controlled assets include firearms regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000: desktop and laptop computers {including notebooks, tablets and similar devices), non - portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Prior approval by DSHS of the purchase of controlled assets is not required. Contractor is required to initiate the purchase of approved equipment and controlled assets no later than August 31, 2013 as documented by issue of a purchase order or written order confirmation from the vendor on or before August 31, 2013. In addition, all equipment and controlled assets must be received no later than 60 calendar days following the end of the Program Attachment term. General Provisions, Article V, Tereus and Conditions of Payment, Section 5.01„ is revised to include: Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department will pay Contractor. Payments and reimbursements are contingent upon a signed Contract and will not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment or reimbursement only if the service, work, and/or product has been authorized by the Department and performed or provided pursuant to this Contract. If those conditions are met, Department will make payment in accordance with the Texas prompt payment law (Tex. Gov. Code Chapter 2251). DSHS will monitor Contractor's billing activity and expenditure reporting on a quarterly basis. Based on these reviews, DSHS may reallocate funding between contracts to maximize use of available funding. Contractor shall comply with Tex. Gov. Code Chapter 2251 regarding its prompt payment obligations to subcontractors. Payment of invoices by the Department will not constitute acceptance or approval of Contractor's performance, and all invoices and Contractor's performance are subject to audit or review by the General Provisions, Article VI, Allowable Costs and Audit Requirements, Section 6.01, is amended to include the following: Allowable Costs. For services satisfactorily performed, and sufficiently documented, pursuant to this Contract, DSHS will reimburse Contractor for allowable costs. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. For the purposes of this Program PROGRAM ATTACHMENT — Page 6 Attachment, funds may not be used for research, reimbursement of pre -award costs, purchase vehicles of any kind, new construction, or to purchase incentive items. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall return the funds to DSHS within thirty (30) calendar days of the date of this written notice. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s) required under the Financial Status Reports section are not submitted by the due date(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include- Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A -87 (2 CFR, Part 225) OMB Circular A -133 and UGMS UGMS, OMB Circular A -102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A -21 (2 CFR, Part 220) {; ' OMB Circular A -133 OMB Circular A -110 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable a . > as-a-pplicablej Non -Profit Organizations OMB Circular A -122 (2 CFR, Part 230) OMB Circular A -133 and UGMS UGMS; OMB Circular A -110 (2 CFR, Part 215) and applicable Federal awarding agency common rule For - profit Organization other than a hospital and an organization named in OMB Circular A -122 (2 CFR Part, 23 0) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule PROGRAM ATTACHMENT — Page 7 A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at http: / /www.dshs. state .tx,us /contracts /links.shtm. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. General Provisions, Article XIII, General Terms, Section 13.15, is amended to include the following: Amendment. The Parties agree that the Department may unilaterally reduce funds pursuant to the terms of this Contract without the written agreement of Contractor. All other amendments to this Contract must be in writing and agreed to by both Parties, except as otherwise specified in the Contractor's Notification of Change to Certain Contract Provisions section or the Contractor's Request for Revision to Certain Contract Provisions section of this Article. Contractor's request for certain budget revisions or other amendments must be submitted in writing, including a justification for the request, to the contract manager assigned to the Program Attachment; and if a budget revision or amendment is requested during the last quarter of the Contract or Program Attachment term, as applicable, Contractor's written justification must include a reason for the delay in making the request. Revision or other amendment requests may be granted at the discretion of DSHS. Except as otherwise provided in this Article, Contractor shall not perform or produce, and DSHS will not pay for the performance or production of, different or additional goods, services, work or products except pursuant to an amendment of this Contract that is executed in compliance with this section; and DSHS will not waive any term, covenant, or condition of this Contract unless by amendment or otherwise in compliance with this Article. Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least 90 days prior to the end of the term of this Program Attachment General Provisions, Article XIII, General Terms, Contractor's Request for Revision of Certain Contract Provisions Section 13.17, is amended to include the following: Contractor's Request for Revision of Certain Contract Provisions. A Contractor's Revision Request is an alternative method for amending certain specified provisions of this Contract that is initiated by Contractor, but must be approved by DSHS. The following amendments to this Contract may be made through a Contractor's Revision Request, rather than through the amendment process described in the Amendment section of this Article: a) cumulative budget transfers among direct cost categories, other than the equipment category, that exceed 25% of Program Attachments of $ 1 00,000 or more, provided that the total budget amount is unchanged b) budget transfer to other categories of funds for direct payment to trainees for training allowances; c) change in clinic hours or location; d) change in the equipment list substituting an item of equipment equivalent to an item of equipment on the approved budget; e) changes in the equipment category of a previously approved equipment budget; PROGRAM ATTACHMENT — Page 8 f} changes specified in applicable OMB Circular cost principles as requiring prior approval, regardless of dollar threshold (e.g., foreign travel expenses, overtime premiums, membership fees. and g) cumulative budget transfers into or out of the equipment category that do not exceed l0% of any Program Attachment, provided that the total budget amount is unchanged (cumulative transfers from or to the equipment category that equal or exceed l0% of any Program Attachment require an amendment to this Contract as described in the Amendment section of this Article). In order to request a revision of any of the enumerated provisions, Contractor shall obtain a Contract Revision Request form from the DSHS website available at http: / /www.dshs. state .tx.us /grants /forms.shtm, and complete the form as directed by the Department. Two copies of the completed form must be signed by Contractor's representative who is authorized to sign contracts on behalf of Contractor, and both original, signed forms must be submitted to the contract manager assigned to the Program Attachment. Any approved revision will not be effective unless signed by the DSHS Director of the Client Services Contracting Unit. A separate Contractor Revision Request is required for each Program Attachment to be revised. Circumstances of a requested contract revision may indicate the need for an amendment described in the Amendment section of this Article rather than a contract revision amendment under this section. Contractor is not required to submit a Contract Revision Request for a change in previously approved equipment when substituting an equivalent equipment item (for example, purchase of XYZ brand computer instead of approved ABC brand computer with essentially identical features as the XYZ computer). All requirements pertaining to Equipment, not otherwise amended in this Program Attachment, remain in effect. PROGRAM ATTACHMENT — Page 9 2013-041112-003 Categorical Budget: FRINGE BENEFITS EQUIPMENT CONTRACTUAL TOTAL DIRECT CHARGES TOTAL CONTRACTOR SHARE TH ER.' Total reimbursements will not exceed $177,136.00 Financial status reports are due: 12/31/2012, 03/29/2013, 07/30/2013, 10/30/2013 $23,138.00 $17,768; 00 $0,00 $0.00 $46,418 00 $177,136.00 $17,713.00' $194,849.00 $177,136.00'. $17,713.00 The budgeted indirect cost amount is based an indirect cost rate agreement approved by a Federal cognizant agency or a state single audit - coordinating agency. A copy of the current approved rate agreement is on file at DSHS. DSHS Doc. No. 2013 - 041112 -003 z a Ce O 0 a U N w 1- CO a N Z z 0 Z W ce I c-' .,� J Lai. N W c 0 co I a i- 1-- () U W W 0 m Z Z 0 a 0 cWZMQ H WO�cc Z L u...0 a ` '. , r W W a u_ N [L'U U) Q C4 w W W O 01 U = a 2 U W Z ..J 0 H a. F- m m Ui V) a I 0 X U [r a I- a. cG H O U U -, ce a EXHIBIT A 4- a 4- z 0 u) • 0- C• � �E Q0 -C Ct3 N N x U 4- • O L_ DEFINITIONS _ a) _ o .- > E --p � _c 2 as 'C T CZ o :4 to 0- = N N cn p O� o O o C� to to co C O .,.a C O m E. . N as - C c O O U t6 O CO +�� t� � ,N +° c ti U a} as a) CZ , cn.- U O ` cif O E .2 = o O cu E To "c ' -= co U L O "•' (u4 a.. a. �- "�' 0 C a) • O cD `C to o — p .., N N 6 O C O. O a) cu) L o cOn a) O U O- E ' U i a) -c Q o V U a) N a) C4 C C V ' o a) o _c --. Q? 0. .O O 1 Z1 _ c CC C1 WI 0 o O 4 3 U c �cE 0 � Cm C i• Qa� `O 6 o U Q = W oa) 2 v o c� di. c�c 0aa)) V) _C O Z''u) as >,Qit- C .- o ° C7 U to v C •� a) C co 0 } .O (l O O. 7 ' (� 6- O U , cn E o cz O t C Q o ; 2 W ,,... E '= o = v U to C voi o -0 4. a) to 0 cz. O cz E a) C < , CO E cn o o a) U O E E C "_' N Q) ° E a) f_, .w - ++ a G o `O O C- { }�- U U) O O O E o Z_c a. `'- o C O.. Es -C o O �' O as 0 o C) O-c U ° c'C)a a) O "p) O ❑ P E O 4_• N O c o co O O C O- 0 C U a W �, co > p CO V,) ''� —O -0 -O °U ❑ IL To o — 0 �Q w o a) �� so. E� ° -� o a o y, c WI a) U) Z o e Z '? Cl) E. U� o E> , I-' o W = L ..E (� o 2 o Q o C) o O C W v I- m> O ..c ° .;• -° Q�C cn �0w° ' U ,0 N 3 cn 03 o zs , m N Zoo O) c o cn W a c� pLn 0 > oC Z 0)o Q ��-0 `E .? c a-' ce C c cn — - 0 a� U ^ Ci a) c �' o c� coME z °c5 o °���, ) o WEO Wa a) m,��> F- �'U � � woo won a o o J a) 'c 0 o •L . d, a�') ° Q o W N C Q o c v on a= N_ ca w v CO , W , W c1 -O uJ o ° c. a) C i tY U a o o C a' ..0 '"' o 6 20a_o ....I w� Z o °o I Wcn.a aC� Ls. .c.) - =° as cu - cn cn F' z la F— h-- C -�' I— k- O H o H ` E �c z ce Z lc Q,) Z O a) < to J _I ° cn J C J O- 'C `a a) -tea) W a E I•-- Zoo Q Q as ° < Q as -9 c) N ,IIU Q) 2 o�, Z ��.. w w a Wc62 W4 -.50- �o gs �� 0 Z w O W W o = zoo =° i =° a a 0 N0Ez o ce° 2 I— a)F— c) Ux.o C�t�o v;� f� _O a1 O h" m W C7 : 4. • J ..J •C .C] J C o. _j co p m m z .O v > , o 0. Z E C CO m .0 m Q .'- _ 03 Q- C ca o — ca n Z E * O o > > > 0) 7 cn o = o ,- 2 Q� Q co W i. o J 4- (1) a. a ..c o a. a s 0- -c c7) m - Qs o () = X U 1- ,0 i._ = p a u- EXHIBIT A— Page 2 of 10 CAPABILITY 12: PUBLIC HEALTH LABORATORY TESTING ' o o -,47, @ trz N 2 = > k / Q ■.- . ■ I Q 3 ■ 2 • § k 2 fg''Fs o � 0 2 m § to e_ ppe c 01 0 4: o 0)-o ■/� �§ 0 . c 7 — 0 >2.51 9 t� c 2 : 0 () . J 43 " 22 c ■ 2 E o a ®a 0 2 0 E W E o 0 u CL 2 2 @ + —I 0 _22o_ » 2 0 C ■ Cs. U E K ,c .is E o 2 "� 0 442 .5 1 k 0 c� . 0 c o 2 3 § co EL - 2 2 § ■ col E R g 2 . tio t22� e � S si E Q EXHIBIT A— Page 3 of 10 a) C O E2 a) a) cr) •U 2 L X ❑ co (ll a) izz C O { O O 6 U 0 a) O .� Z c f: as cr. LO Cl) u_ cn CTS .O >, a) v") - o E Lc as C a U) O C L cvc =2 O U ( O c o ..0m Q) U c coo ° C cc Via) C ate} N . a) rf a _ O 0 0 o a) N .>. C Q) -o .N C) �� jE =-a -=E a.0 ca) UAW LL ccn < = a) 73 C -c a) a) X a) .O 0 -c o o, ai • c E LL L co o O 0, C as P_.) a) C Q) O C ?+ CZ CU c < • d. U, ns Qo.`o O CU o o- -0 _o a3 0 CZ CZ co CD a- ) O U 't3 aS -o cts FW W Z CO ro o04-U EcUEQ 0) a) C C a) 0 CO •Q CO -... CD a) O 0 wm� -co a. O I 2 EXHIBIT A-- Page 4of10 EXHIBIT A — Page 5 of 10 -e_. O C co o c a} • O u cu c -0 fY 2 22 t-t LL .ri cu a> as X U FLD 7 O LL a) a" C CU c C CZ o c C 1 U� f4 a Q) C C C f `. ig E U a) a) Cis O p U U C wo•.CV U C C a) O C co 'C O N • a) .c C a 0 j O .a a) a) 12 4- N CS5 O CZ a) a) Q C as U C CO N O 0 -o ( C ` C5 5 N w li' a) , a) C. O c C6 li L "� O 4S C 0 O O Cl C.. 'a O C O (n U) C C_'I� 0_ 76 +� 2D N U a) c O'5 -a .0 C a) C vi 27 U O a) 0 a' a) -O r ' a) +-' U a) - C ` c ` C 0 C o a) L' C '-P a) O C • Cn co N F5 O E a) C ca -C U C U .a) = U •C 'C3 � � a a) _� ca o.'E�� �. c� c� a) u. c� �C �C a)) LOva r� o o .c a) c\I c Q)C U) U) CO U C O= �• a ) C a 0- �- a . 0 0 V O Ti) L 0— -0 O Q 2 U .Q U C o CEO Qa) C) a) t[C 0) °a' -a a a) ' R i 17j Z iji O OL Ci) C O 0) O 1-- -I - a) 0_ CA 0_ Cn Cn < > W 0 < - Maintain current Select Agent and APHIS permits. Obtain and maintain security clearances. 0 L a) O L L o 0 -a _U c CW o - O V C U) `a v= C cl) C O z E O w- ;.7 2 0 IJJ EY) 0 E2 L.L. e, a) E U a) o c❑ o th o -aa .: F` C (n s 7 O a 0) o E O .0 C _ m O L w= ©u�❑ E U C 12 o EXHIBIT A— Page 6 of 10 Co ca 4 22 a_ I 0 25 a.. a) -J 0 m 0 c0 co x 1- 0 LL Liq EXHIBIT A— Page 7 of 10 a c • 4 o m � N cn O N a al tL L., as 0 eL 22 2 1 � RS w N N (0 � X U p ) LL a O 1:5 * 4112 ca o CO N c4 I. • Z ' Q _ a) a) ❑ o E as U co _1 —c N = Cn U C o.. as 'c (3 ` • C U •o c� �� o u')aiE a Q ocC To N C -a U L `� �=+ CDC O N 0 as >, o O O o cn vU a) 0 �i�Cv a ° C_N 0 r• o a o c E� C C �� v o E �E E O o Q -0 7:3 v C • — roQ L CL CZ C a) ° C c4 -a U ❑ 2 co . _ Q. U A. N co C a) • N O o❑ C VI C [D N Z E 'C E U) •2 - •� O 'C �- o co V) 2 = • 2 -0 C w N (I) (6 O;g, co — •,N U C C O 73 C c A O N 0 , O U cA C C 2 C LL O `c3 C a) U U OL ffi £� 0) E F a cu C — C a) C .U) C_ N 03 C C C6 {� o C 0 fa '= C N O Q -, O c.-. N :W ca °a) U iii (� N • a3 c a) (� co i-. m O U c /12 U C E "C7 a) ,co U w .0 2 tl z N O O .SG (� 1:5 *=' Z {6 4 U C o a) w 0_ ) L C t 'Es � • 4? cc ••C tt� N .0 � Q ❑ To cn • C a) a) c0 c — i = ,F,,, cn U U {g L ({3 CL N C a) (� L," >+ CA 74 N CO C .,..., o CZ {n O 7 O cA a) 2 C co O a) D oo = m "Co'-' - O >, 7, O 0. cp 0 = as . C a) �- O O 0> O C O_ 0- ff EXHIBIT A — Page 8 of 10 EXHIBIT A — Page 9 of 10 a) to U a) o0 o 0 0. CU a) U) > c tea) era. c" ,N o o u) as o 0 ai sZca) o 0 .. 0 0 .: C o c o IA. O .c I.- :L O .p c i0 t� U o: 'a to to ,- E 0 dam_' U N_ U) > CO O U'> N E N Q. t2.... E o�: C (CS , d) E C C co :2 � C , a) cam u) o o o N ' O o Q. O :J) c co (TS 4'2 .22 f5 tII U U.o • 0 Z.. w Z•: LL. w vow w.0 1:t Z U) Q-- w� W Z a 0 W CV, to v) '" 2 a) 'L t... () C -2 o C 0 C. C a) L O a) d 4_, a) 0 o OU 2Cm >E CO ( •- Cr O O a) L a) L cv 0 co _c G.) ii o o c O E ° c�i 0 - �' Q o a0 CO or) 75 (n. -o U C •O Q) a) -C O U _ 731 C N c c.c.) O N c E ( U -C N Z a a) C U O- C C5 ' 4. CD CD N { 0 aN.a?50 . U o 2 C t5 C C W � Q C O (5 +' U 2 a 0 E m O O O ca Ea) =°- :ate z600a) of a) E ca a) r 0,0 �9- C U U a) 02 _ c E 2 Z, Q.. 0 v = a) o Cr) N a) Or Q 0 tijU) a) N O O o1.- O C E, c o v a) (5 '- O 0 N --1 (4 = O U 2 �' o U C1 _ .0 a) 0 Q) tB O 76a),-5.0= , ? 0 O L N C C OU 0) 0. +' C C cn O N C Q o < Cfl 'a 2 CU U 0 C r-, O- C O Q O 0 O co C �? CO CO a ) O O aQ) {II f4 II O 2 v _c a) co Ooh -0a�ipC �.t cu O o 11 4, 0_= C- W W-n "= = cn= Qs -0E -2t9 -U)4 O O U U o 0 ��A�oCLo o o �, t= 4= , o) CO 6 O (A = O- 0 H p ..o L N a U) a) C a) C D C oa)Eg5E04-t8 ❑ C .1... :N •., CU Cl. C U 0 o 1 `~ 42 a I) 'u) cn OE � O E 6 1 0 1 0 U4'&) 1- 4 Maintain CDC digital certificate for access to LRN Messenger EXHIBITA — Page 10 of 10 CONTRACT NO. 2013- 041112 PROGRAM ATTACHMENT NO. 004 PURCI -IASE ORDER NO0000386017 CONTRACTOR: CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) DSHS PROGRAM: Infectious Disease Control Unit /FLU -LAB TERM: 09/01/2012 THRU: 08/31/2013 SECTION I. STATEMENT OF WORK: Contractor shall identify and recruit submitters of clinical specimens through discussions and a mutual agreement with local health departments in the Contractor's service area. Contractor may contact Vanessa .Telles @dshs.state.tx.us, and flutexas @dshs.statc.tx.us for guidance on appropriate submitters. Contractor shall: • receive clinical specimens Monday through Friday from designated submitters within the Contractor's service area; • test up to two hundred (200) clinical specimens meeting Clinical Laboratory Improvement Act (CLIA'88) specifications; • perform on each specimen, the Centers for Disease Control and Prevention (CDC) Real Time (RT) Polymerase Chain Reaction Method (PCR) for typing of influenza viruses; • retain positive influenza specimens through the end of May 2013; • when directed by the Influenza Coordinator within the Emerging and Acute Infectious Diseases Branch, appropriately submit the requested number of positive specimens to the Laboratory Services Section, Texas Department of State Health Services, Austin, Texas or to another specified contract laboratory; • comply with Department of State Health Services (DSHS) Infectious Disease Control Unit (IDCU) Program established flu surveillance protocol; and • comply with Health and Safety Code Chapter §81.046 located at http:/ /www.statutes.legis.state.tx.us /Does /HS /htm /HS.81.htm #81.046. DSHS IDCU Program. shall: • ensure Contractor receives a copy of the protocol, no later than the week ending October 6, 2012 (Mortality and Morbidity Weekly Report (MMWR) week 40). PROGRAM ATTACHMENT — Page 1 DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of unanticipated financial shortfalls. DSHS Program will monitor Contractor's expenditures on a quarterly basis. If expenditures are below that projected in Contractor's Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Renewal Program Attachment term. Vacant positions existing after ninety (90) days may result in a decrease in funds. SECTION II. PERFORMANCE MEASURES: The following performance measure will be used to assess in part Contractor's effectiveness in providing the services described in this Contract without waiving the enforceability of any of the other terms of the Contract. Contractor shall: 1. Perform testing weekly unless no samples were received that week; 2. When requested, send samples of all specimens testing positive for influenza to the Laboratory Services Section, Department of State Health Services (DSHS), Austin, Texas or other designated laboratory within ten (10) business days of request; and 3. Provide and submit written weekly reports on the RT -PCR influenza testing results, in the format provided by DSHS, each Monday, or if a holiday the next business day, beginning October 8, 2012 by electronic mail to Vanessa.'felles @dshs.state.tx.us, Mitra.kookma dshs.state.tx.us, and flutexas @dshs.state.tx.us. SECTION III. SOLICITATION DOCUMENT: Exempt - Governmental Entity SECTION IV. RENEWALS: DSHS may renew this Program Attachment for up to one (1) additional one -year term at the sole discretion of DSI-IS. SECTION V. PAYMENT METHOD: Cost Reimbursement Funding is further detailed in the attached Categorical Budget and, if applicable, Equipment List. PROGRAM ATTACHMENT — Page 2 SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B -13) on a monthly basis and acceptable supporting documentation for reimbursement of the required services /deliverables. Additionally, the Contractor shall submit the Financial Status Report (FSR- 269A) on a quarterly basis. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses /number below. Claims Processing Unit, MC 1940 Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, Texas 78714 -9347 The fax number for submitting State of Texas Purchase Voucher (Form B -13) and Financial Status Report to the Claims Processing Unit is (512) 458 -7442. The email address is invoices@dshs.state.tx.us. SECTION VII. BUDGET: Source of Funds: State DUNS #: 069457786 SECTION VIII. SPECIAL PROVISIONS: General Provisions, Article XIII. General Terms, Section 13.15 Amendment, is amended to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Program Attachment. PROGRAM ATTACHMENT — Page 3 2013- 041112 -004 Categorical Budget: PERSONNEL FRINGE BENEFITS TRAVEL EQUIPMENT SUPPLIES CONTRACTUAL THER. TOTAL DIRECT CHARGES NDIRECT CHARGES TOTAL $0.00 $0.00 0.00 $0.00 5,000.00 $0.00 0 00 $5,000.00 $5,000.00 Total reimbursements will not exceed $5,000.00 Financial status reports are due: 12/31/2012, 03/29/2013, 06/28/2013, 10/30/2013 CONTRACT NO. 2013 - 041112 PROGRAM ATTACHMENT NO. 005 PURCHASE ORDER NO. 0000385634 CONTRACTOR: CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) DSHS PROGRAM: Immunization Local Health Departments Coalition Collaboration Activities TERM: 09/01/2012 THRU: 08/31/2013 SECTION I. STATEMENT OF WORK: Contractor shall implement and operate an immunization program for children, adolescents, and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children two (2) years of age or younger (0 to 35 months of age). Contractor shall incorporate traditional and non- traditional systematic approaches designed to eliminate barriers, expand immunization capacity, and establish uniform operating policies, as described herein. Contractor shall be enrolled as a provider in the Texas Vaccines for Children Program (TVFC) by the effective date of this Renewal Program Attachment, and must adhere to the TVFC Operations Manual and associated TVFC policy guidelines provided by DSHS (located at http: / /www.dshs.state.tx.us /immunize /tvfc /tvfc manual.shtm). Contractor shall comply with written policies and procedures provided by DSHS in managing vaccines supplied through the TVFC program, including guidelines for proper storage and handling of vaccines and for safeguarding vaccine in the event of natural disaster. Contractor shall comply with all requirements laid out in the final, approved Exhibit A. • Contractor will continue to use the current vaccine management system as described in the TVFC Operations Manual until directed by DSHS to transition to a new "provider choice" system. Contractor shall, as directed by DSHS, implement provider choice in contractor's clinic(s) by the schedule provided by DSHS. • Contractor shall notify providers of changes to vaccine managements reporting, and present updates and training to providers, as requested by DSHS. This would include any transition to a "provider choice" system. • Contractor shall plan and implement community -based activities to accomplish the required tasks as specified in the final, approved (Exhibit A). Contractor shall report all reportable conditions as specified in 25 Texas Administrative Code (TAC) Part I § §97.1 -97.6 and § §97.101- 97.102, and as otherwise required by law. Contractor shall report all vaccine adverse event occurrences in accordance with the 1986 National Childhood Vaccine Injury Act (NCVIA) 42 U.S.C. § 300aa -25 (located at http : / /vaers.hhs.gov /default.htm). PROGRAM ATTACHMENT — Page 1 5� Contractor shall inform and educate the public about vaccines and vaccine - preventable diseases, as described in the DSHS Iran unization. Contractors Guide for Local Health Departments. Contractor shall work to promote a health care workforce within the Local Health Department's service area (including Contractor's staff) that is knowledgeable about vaccines, vaccine safety, vaccine - preventable diseases, and delivery of immunization services. Contractor shall not deny vaccinations to recipients because they do not reside within Contractor's jurisdiction or because of an inability to pay an administration fee. Contractor shall comply with all applicable federal and state regulations and statutes, including but not limited to: • Human Resources Code §42.043, VTCA; • Education Code § §38.001- 38.002, VTCA; • Health and Safety Code §§12.032, 81.023 and 161.001 - 161.009, VTCA; • 25 TAC Chapter 97; • 25 TAC, Chapter 96; • 25 TAC, Chapter 100; • 42 USC § §247b and 300 as -25; and • Omnibus Budget Reconciliation Act of 1993, 26 USC §4980B. Contractor shall comply with current applicable state and federal standards, policies and guidelines, including but not limited to DSHS's Standards for Public Health Clinic Services, revised August 31, 2004 (located at http: // www. dshs .state.tx.us /qmb /default.shtm #public). Contractor shall be responsible for conducting outreach regarding vaccinations for children (19 through 35 months of age in the Contractor's jurisdiction) included on the list distributed to Contractor by DSHS. Lists are distributed at the start of each tri- annual reporting period (September 1, 2012, January 1, 2013, and May 1, 2013). Contractor must receive written approval from DSHS before varying from applicable policies, procedures, protocols, and /or work plans, and must update and disseminate its implementation documentation to its staff involved in activities under this contract within forty -eight (48) hours of making approved changes. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below what is projected in Contractor's total Renewal Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. In the 2008 -2012 Centers for Disease Control and Prevention (CDC) Immunization Program Operations Manual (htth: / /www.cdc. (aov/ vaccines / vac -�uen/ ,policies /ipom /default.htm), the CDC PROGRAM ATTACHMENT Page 2 has identified the establishment of community stakeholder groups as one important aspect of the larger effort to increase immunization levels. The increasing number of recommended vaccines requires ongoing education for the public and medical providers, as emphasized in DSHS's Inter - Local Application Work Plan (http: / /www.dshs. state. tx. us /immunize /does /Contractor /Work Plan.pdf) for local health departments. The CDC "encourages the use or development of coalitions, partnerships, and other unique relationships to maximize efforts" to involve the community in the evolving education regarding recommended immunizations. For this contract: Contractor shall engage community groups /stakeholders in a collaboration to increase community vaccination coverage levels throughout Texas, as described herein. Using Model Strategies for Successful Meetings (Exhibit B) and Partner Identification tool (Exhibit C) • The Contractor shall develop, lead, direct, and host no less than two (2) community planning group /coalition meetings in its local jurisdiction. • Contractor shall develop a planning group with the goal of establishing a sustainable mechanism on a local level that can be replicated utilizing best practices as identified by the CDC, http : / /www.cdc.gov /vaccines /partners.htm. • Best practices for increasing vaccination coverage levels include: o Working with other community associations and /or affiliations; o establishing "medical homes" for clients; utilizing effective reminder /recall systems; a Consistent use of an immunization ImmTrac registry; and o Provider education on vaccines; and public and parent education on the importance of vaccination completeness and timeliness. • Contractor will appoint a coalition coordinator and a facilitator; • Attend at least one TISWG meeting prior to December 31,2012; • DSHS shall coordinate all technical assistance to include specialized training and support provided by a DSHS designee; • At least one on -site technical assistance visit will occur during this contract period. Contractor shall comply with all applicable federal and state regulations and statutes, including but not limited to: • DSHS regulations at 25 TAC §97.101 &§§97.221; and • Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices (ACIP) guidelines located at http: / / www.cdc.gpv/ vaccines /recs /acip /default.htm. SECTION II. PERFORMANCE MEASURES: The following performance measure(s) will be used, in part, to assess Contractor's effectiveness in providing the services described in this Renewal Program Attachment, without waiving the enforceability of any of the terms of the Contract: • LHDs shall investigate and document, in accordance with DSHS Texas Vaccine- Preventable Disease Surveillance Guidelines (located at PROGRAM ATTACHMENT -- Page 3 http : / /www.dshs.state.tx.us /idcu /health. /vaccine_ preventable_ diseases /resources /vpd_guide.p df) and NI3S Data Entry Guidelines, at least 90% of suspected reportable vaccine - preventable disease cases within thirty (30) days of notification. • LHDs shall complete 100% of the follow -up activities, designated by DSHS, for TVFC provider quality assurance site visits assigned by DSHS. • LHDs shall contact and provide case management to 100% of the number of hepatitis B surface antigen - positive pregnant women identified. • LHDs shall contact 100% or 400 per FTE (whichever is fewer) families of children who are not up -to -date on their immunizations according to the ImmTrac- generated list provided to the LHD by DSHS at the beginning of each reporting period. • LHDs shall review 100% of monthly biological reports, vaccine order forms (when applicable), and temperature logs for accuracy to ensure the vaccine supply is within established maximum stock levels. • LHDs shall complete 100% of child -care facility and Head Start center assessments, in accordance with the Immunization Population Assessment Manual, as assigned by DSHS. • LHDs shall complete 100% of public and private school assessments, retrospective surveys, and validation surveys, in accordance with the Immunization Population Assessment Manual, as assigned by DSHS. • LHDs shall implement provider choice as directed by DSHS according to the schedule provided by DSHS. Contractor shall utilize the AFIX (Assessment, Feedback, Incentives, and eXchange) methodology, found in the immunization Quality Assurance Tool Resource Manual, (located at http: / /www.dshs.state.tx.us /immunize /docs /QA site visidl) to conduct quality assurance site - visits for all sub - contracted entities and non -local health department Women, Infant and Children (WIC) clinics. Assessment shall be done using the DSHS Immunization Quality Assurance Site Visit tool provided by DSHS and the Comprehensive Clinic Assessment Software Application (Co- CASA), as specified by the DSHS Program. Contractor shall submit assessment results to the designated DSHS Regional Immunization Program manager within two (2) weeks after completion. Contractor is required to complete and submit tri- annual reports, utilizing a format provided by the DSHS Program: Re }ort Type Reporting Period Report Due Date 1/30/2013 Programmatic 9/1/2012 — 12/31/2012 Programmatic 1/1/2013— 4/30/2013 5/30/2013 Programmatic 5/1/2013 — 8/31/2013 09/30/2013 PROGRAM ATTACHMENT — Page 4 G> 1 Progress Reports for Collaboration/Coalition Activities Report Type Reporting Period Report Due Date Progress Report 9/1/2012 - 10/31/2012 11/30/2012 Progress Report 11/1/2012- 12/31/2012 01/30/20I3 Final Summary Report 05/01/2012- 12/31/2012 02/28/2013 Tri- annual and Collaboration /Coalition Progress reports should be submitted electronically to dshsimmunizationcontracts @dshs.state.tx , us according to the time frames stated above. In addition, Contractor shall: • Identify participants showing a commitment to collaborate with one or more community entities; • Provide signed letters of agreement or other- documentation of commitment by August 31, 2012; • Receive technical assistance to include specialized training and support provided by DSHS; • One (1) on -site technical assistance visit will be scheduled during this contract period; • Submit a final report Exhibit E by February 28, 2013. • Reports should be submitted electronically to: DSHSImmunizationcontracts@dshs.state.tx.us SECTION III. SOLICITATION DOCUMENT: Exempt — Governmental Entity SECTION IV. RENEWALS: DSHS may renew the Renewal Program Attachment for up to one ( 1) twelve -month term at DSHS's sole discretion. SECTION V. PAYMENT METHOD: Cost Reimbursement Funding is further detailed in the attached Categorical Budget and, if applicable, Equipment List. SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B -13) and acceptable supporting documentation for reimbursement of the required services /deliverables. The Form B -13 can be found at the following link http://www.dshs.state.tx.us/grants/forms/b 3form.doc. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses /number below. PROGRAM ATTACHMENT — Page 5 Department of State Health Services Claims Processing Unit MC 1940 1100 West 49`x' Street P. O. Box 149347 Austin, Texas 78714 -9347 The fax number for submitting State of Texas Purchase Voucher (Form B -13) to the Claims Processing Unit is (512) 458 -7442. The email address is invoices @dshs.state.tx.us. SECTION VII. BUDGET: SOURCE OF FUNDS: CFDA #93.268 and STATE DUNS NUMBER: 069457786 SECTION VIII. SPECIAL PROVISIONS: General Provision, Funding Article, Use of Funds Section, is revised to include: • Funds shall not be used for purchase of vaccines, inpatient care, construction of facilities, or debt retirement. • Travel expenses shall be reimbursed according to Contractor's written travel policy, as submitted and approved with Contractor's FY2011 Application for Immunization Funds. If no written travel policy was submitted, or if the submitted policy is not approved by DSHS, travel expenses shall be reimbursed according to current state travel regulations located at http: / /www. window. state .tx.us /comptrol /texastra.html. For immunization activities performed under this Renewal Program Attachment, General Provisions, General Business Operations of Contractor Article, Overtime Compensation Section, is replaced with the following paragraphs: • Contractor is authorized to pay employees who are not exempt under the Fair Labor Standards Act (FLSA), 29 USC, Chapter 8, §201 et seq., for overtime or compensatory time at the rate of time and one -half per FLSA. • Contractor is authorized to pay employees who are exempt under FLSA on a straight time basis for work performed on a holiday or for regular compensatory time hours when the taking of regular compensatory time off would be disruptive to normal business operations. • Authorization for payment under this provision is limited to work directly related to immunization activities and shall be in accordance with the amount budgeted in this contract Attachment. Contractor shall document proper authorization or approval for any work performed by exempt or non - exempt employees in excess of forty (40) hours per work week. PROGRAM ATTACHMENT -- Page 6 • All revenues directly generated by this Renewal Program Attachment or earned as a result of this Renewal Program Attachment during the term of this Renewal Program Attachment are considered program income; including income generated through Medicaid billings for immunization related clinic services. The Contractor shall use this program income to further the scope of work detailed in this Renewal Program Attachment, and must keep documentation to demonstrate such to DSHS 's satisfaction. This program income may not be used to take the place of existing local, state, or federal program funds. General Provision, General Business Operations of Contractor Article, Property Inventory and Protection of Assets Section, is revised to include: All equipment used by Contractor which is provided by DSHS shall be accounted for as public properly. The DSHS Program will investigate equipment loss, destruction, or other waste and may require (at its discretion) Contractor to replace or reimburse the DSHS Program. This provision does not waive any other remedies legally available to DSHS regarding contract breaches. PROGRAM ATTACHMENT — Page 7 2013 - 041112 -005 Categorical Budget: PERSONNEL FRINGE BENEFITS TRAVEL EQUIPMENT SUPPLIES CONTRACTUAL OTHER TOTAL DIRECT CHARGES INDIRECT CHARGES? TOTAL DSHS SHARE CONTRACTOR SHARE $185,703.00 $45,906.00 $10,205.00 $0.00 675:0.0 $0.00 $3,648.00 $254,137.00 0.00 $254,137.00 254, 137.00 $140,18((3.(0(0 0 .:00!' Total reimbursements will not exceed $254,137.00 Financial status reports are due: 12/31/2012, 03/29/2013, 06/28/2013, 10/30/2013 IMMILHD CCA DSHS Contract Number: 2013 - 041112 CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) EXHIBIT A Contractors are required to perform all activities of the annual Work Plan in compliance with all documents referenced in this Work Plan. 1. PROGRAM PLANNING AND EVALUATION General Requirement 1A: Implement a comprehensive immunization program. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities IA: • Adhere to Standards for Child and Adolescent Immunization Practices and Standards for Adult Immunization Practices found at: http://www.cdc.gov/ vaccines /pubs /pink book / downloads /appendices /H /standards- pediatric,t)df and http: / /wwsv.cdc.gov /vaccines/ pubs /pinkbook /downloads /appendices /H /standards- adult.pdf. • Maintain current policies in compliance with the DSHS Inununization Contractors Guide for Local Health Departments and have them available to Contractor's staff. • Maintain staffing levels to meet required activities of the contract. • Lapse no more than 5% of total funded amount of the contract. • Submit required tri- annual reports by January 30, May 30, and September 30 of each contract term. 2. VACCINE MANAGEMENT {http: / /www.dshs. state .tx.us /immunize.tvfc /tvfc manual .sht m) General Requirement 2A: Ensure that expired, wasted, and unaccounted -for vaccines do not exceed 5% in Contractor's clinics. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and TVFC Operations Manual, Activity 2A: • Maintain storage and handling polices and procedures according to the TVFC Operations Manual. • Ensure that appropriate Vaccine Management plan is in place at each clinic location and that it includes an updated Emergency Contingency Plan. General Requirement 2H: Assist all other TVFC providers in local jurisdiction with maintaining appropriate vaccine stock levels. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and TVEC Operations Manual, Activities 213: • Evaluate maximum vaccine stock levels twice a year in all TVFC provider clinics under Contractor's jurisdiction and assess providers' inventories when visiting clinics. This activity will become part of the Electronic Vaccine Inventory (EVI) system and local health departments will be advised if any assistance on this activity is needed. • Review 100% of all vaccine orders, monthly biological reports, and monthly temperature logs for accuracy and to ensure that the vaccine supply requested is within established guidelines. Review may be done from a paper report or on the EVI system. • If vaccine is available locally, conduct transfers and/or deliveries to support the TVFC providers requesting assistance. • Educate and assist all TVFC providers with TVFC Provider Choice, as directed by DSHS o To avoid the appearance of impropriety, the LHD must not involve pharmaceutical manufacturer representative in provider choice trainings; or, the LHD must not take any other actions which appear to have a connection between activities sponsored under this contract and any other activities the LHD wishes to conduct on its own which would involve pharmaceutical manufacturer representatives giving presentations to providers. • Offer provider updates, training and information as changes to vaccine management occurs. 3. REGISTRIES (http: / /www.dshs. state .tx.us /immunize /providers.shtm and http://dshs.state.ix.us/immunize/immirac/default.shtm) General Requirement 3A: Effectively utilize ImmTrac (the DSHS on -line immunization registry) in Contractor's clinics. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities 3A: • Search for the client's immunization history at every client encounter. • Review the client's record for vaccines due and overdue according to the CDC Recommended Schedules at http:// www. cdc. qov/ vaccines /recs /schedules /default.htm. • Report to ImmTrac all immunizations administered to children (younger than 18 years) and consented adults in Contractor's clinics, either directly into ImmTrac online or through TWICES. • Update demographic information as needed. • Follow recommended guidelines for obtaining and submitting ImmTrac consent forms according to the instructions found at http: /harww.dshs.state.tx. us /imam n ze/doc s/c on sentg i nes l2(1 • Implement changes to the consent process as directed by DSHS. • Offer updated Immunization History Report to the client or client's parent or guardian at every client encounter. • At every client encounter, compare all immunization histories (ImmTrac, TWICES, validated patient -held records, clinic medical record) and enter into ImmTrac or TWICES any historical immunizations not in hmmTrac. General Requirement 3B: Work in good faith, and as described herein, to increase the number of children less than six years of age who participate in ImmTrac. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activity 3B: • Verbally, and with DSHS produced literature, inform parents presenting at Contractor's clinics about ImmTrac and the benefits of inclusion in ImmTrac. General Requirement 3C: Work in good faith, and as specified herein, to ensure IinmTrac- registered private providers use ImmTrac effectively as defined in the DSHS Immunization Contractors Guide for Local Health Departments. Activities under this requirement shall be conducted in accordance with the DSHS Immunization. Contractors Guide for Local Health Departments. Activities 3C: • Provide orientation to all ImmTrac providers at least once a year and maintain documentation of all technical assistance provided (e.g. telephone logs). • Explain and demonstrate the effective use of ImmTrac according to the instructions located in the DSHS Immunization Contractors Guide for Local Health Departments. • Explain guidelines for obtaining and submitting ImmTrac consent forms according to the instructions found at http: //www,dshs. state .tx.us /imnnrnize /does /consent guidelines.pdf. • Conduct follow -up with registered ImmTrac providers who are inactive or not using ImmTrac effectively. General Requirement 3D: Ensure that IrnmTrac data, entered by Contractor's staff, is complete, current, and accurate. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities 3D: Train Contractor's staff on ImmTrac data entry and quality standards. • Update all demographic information, including address and telephone number, at every client encounter. 4. PROVIDER QUALITY ASSURANCE (http://www.dshs.state.tx.us/i mmu n i ze/tvfc/tvfc manual_shtni) General Requirement 4: Complete site visit follow -up assigned by DSHS Austin or Health Service Region staff within prescribed timeframes outlined in the TVFC Operations Manual.. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities 4: • Conduct site visit follow -up and submit results following the process described and within deadlines established in the TVFC Operations Manual. • Conduct site visits in 100% of subcontracted entities as listed in the Inter -Local Application and non -Local Health Department WIC immunization clinics, if applicable. 5. PERINATAL HEPATITIS B PREVENTION (hitp://www.dshs.state.mu.slidcuhlisease/hepatitis/hepatitis b/j erinatal /nianlIal /) General Requirement 5A: Ensure all pregnant women are screened for hepatitis B surface antigen ( HBsAg) and that all HBsAg - positive pregnant women are reported to DSHS. Activities under this requirement shall be conducted in accordance with the DSHS hnmumzation. Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Activity 5A: • Develop a surveillance system that includes prenatal care providers, obstetrical care providers, family practitioners, and labor and delivery facilities to assure all HBsAg - positive pregnant women are reported to DSHS within one week of diagnosis. • Educate prenatal care providers routinely to screen pregnant women for HBsAg status during each pregnancy, implement procedures for documenting HBsAg screening results in prenatal care records and forward original laboratory results to the delivery facility. • Educate delivery hospitals to verify prenatal HBsAg test results of pregnant women on admission for delivery and test for HBsAg at delivery. General Requirement 5B: Ensure that all infants born to HBsAg- positive women and women whose HBsAg status is unknown will receive the first dose of the hepatitis B vaccine and hepatitis B immune globulin (HBIG) within 12 hours of birth. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Activity 5B: • Assure all labor and delivery facilities develop standing orders and policies to administer the first dose of the hepatitis B vaccine and HBIG to at risk infants within 12 hours of birth • Identify labor and delivery facilities that do not have standing orders and/or policies and educate providers to establish standing orders and policies to administer to at -risk infants the first dose of the hepatitis B vaccine and HBIG within 12 hours of birth • Determine the number of newborns that do not receive the first dose of the hepatitis B vaccine and /or the hepatitis B immune globulin and work with those facilities to ensure all at -risk infants receive the hepatitis B vaccine series and hepatitis B immune globulin within 12 hours of birth • Report to DSHS all infants born to HBsAg ( +) women within fifteen (15) calendar days of the event. General Requirement 5C: Ensure that 100% of the number of identified infants born to HBsAg - positive women will complete the hepatitis B vaccine series and post- vaccination serology (PVS) testing or staff will document appropriately if lost to follow -up. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Activity 5C: • Administer or obtain from the provider or IMMTRAC the complete hepatitis B vaccine series. Infants shall complete the hepatitis B vaccine series by b — 8 months of age if the infant receives a single antigen or Pediarix vaccine and by 15 months of age if the infant receives the Comvax series, • Perform PVS testing or obtain from the provider or IMMTRAC PVS testing results to determine immunity against hepatitis B. Post vaccine serology testing shall be done by 9 -- 15 months of age if the infant received a single antigen or Pediarix vaccine and by 18 months of age if the infant received the Comvax vaccine series. General Requirement SD: All reported HBsAg ( +) mothers shall be interviewed and names and locating information of household contacts and sexual partners elicited for serologic testing. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Activity 5th • Household contacts and sexual partners shall be identified for each reported HBsAg(+) mother • Each identified contact and sexual partner shall be serologically tested to determine susceptibility status General Requirement 5E: 80% of all susceptible household and sexual contacts to HBsAg- positive women will complete the hepatitis B vaccine series and post vaccine serology testing or staff will document appropriately if lost to follow -up. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Activity 5E: • Administer the hepatitis B vaccine series according to the Recommended Adult Immunization Schedule to susceptible household contacts and sexual partner or obtains vaccination data from the provider. • Administer post vaccine serology testing 1 — 2 months after the last dose of the vaccine series to determine status or obtain PVS results from the provider. 6. EDUCATION, INFORMATION, TRAINING, AND COLLABORATIONS (Imp://www.cishs.state.tx.us/immunize/providers.shim) General Requirement GA: Conduct educational, promotional, and outreach activities for the general public to enhance immunization awareness, including distribution of DSHS- provided materials. Activities under this requirement shall be conducted in accordance with the DSHS Immunization. Contractors Guide for Local Health Departments. Activities GA: • Contractor will provide vaccine and immunization education to target audiences and to the general public on the benefits of vaccination, the risk of vaccine - preventable diseases, staying on the ACIP Recommended Immunization Schedule(s) and the importance of not missing any vaccines. • Inform and educate parents of infants, children, adolescents, adults (men and women), grandparents, seniors, and healthcare providers and the general public about vaccines for all age groups and vaccine - preventable diseases. Information should include the importance and benefits of being fully vaccinated, vaccine recommendations, and the location(s) of community vaccination clinics. • Conduct at least one monthly immunization education activity targeting one of the target groups. • Document the activity with the number & type of participants, and evaluate activity by obtaining feedback from participants. • Use national immunization observances as opportunities to conduct specific education and promotional activities to give emphasis to the importance and benefits of vaccines: National Infant Immunization Week (NIIW), National Immunization Month (NIM), National Adult Immunization Week (NAIW), and National Influenza Week (NIW). • Develop and implement a written communications and customer service plan to assure customers receive consistent, correct immunization information and services in a courteous and friendly manner on a timely basis. • Participate in special initiatives as directed by DSHS, such as the Dairy Queen Coupon project, the Hallmark Card Governor's Program, and others. • Participate in statewide media campaigns by distributing DSHS - developed and produced public service announcements and materials to local television and radio stations, newspapers, parent publications, university newspapers, high school newspapers, and neighborhood newspapers. • Promote www.ImmunizeTexas.com, the Immunization Branch's website, The Upshot, electronic newsletter, and the Vaccine Advisory, vaccine newsletter to providers in the Contractor's jurisdiction. • Promote and distribute immunization literature for the public to TVFC providers and Contractor's clinics. • Provide information to clients, families, and the general public on the purpose of ImmTrac, the benefits of ImmTrac participation, and the importance of maintaining a complete immunization history in ImmTrac, • Inform the general public about the Texas Vaccines for Children (TVFC) program and the qualifications to participate in it. • Distribute TVFC information and educational materials at venues where parents of TVFC- eligible children might frequent. • Inform and highly recommend to the medical community and local providers within the Contractor's' jurisdiction on the annual CDC Epidemiology and Prevention of Vaccine - Preventable Disease (GPI -VAC) training. General Requirement 68: Educate, inform, and train the medical community and local providers within Contractor's jurisdiction on Immunization activities listed below: Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health. Departments. Activities 68: • Provide training on TVFC requirements and updates (as described in the TVFC Operations Manual) to TVFC providers annually at a minimum. • Ensure that the TVEC providers have the most up -to -date, DSHS- produced immunization information in their offices. • Provide training, information, and technical assistance to promote the effective use of ImmTrac by private providers (which includes education regarding the benefits of ImmTrac participation). • Educate private providers about the ImmTrac enrollment process and the statutory requirement to report immunizations. • As directed by DSHS identify first responders and their immediate family in the community and inform them of the opportunity to be included in ImmTrac. • Conduct educational training for hospital and health care providers within the Contractor's jurisdiction, to increase mandatory screening and reporting of HBsAg- positive women. • Provide training on the prevention of Perinatal Hepatitis B to providers within the Contractor's jurisdiction. • Educate physicians, laboratories, hospitals, schools, child -care staff, and other health providers on VPD reporting requirements. • Educate and update providers on the most current Advisory Committee on Immunization Practices (ACIP) recommendations for all age groups, as well as on applicable regulatory vaccination requirements. • Provide training relating to Standards for Child and Adolescent Immunization Practices, and Standards for Adult Immunization Practices (hup://www.cdc.eov/ vaccines /pubs /pinkbook /downloads /appendices /H /standards- pediatric.pdf and http: / /www.cdc.gov /vacci nes /pubs /pi nkbook /downloads /appendices /H /standards- adult.pdf) to all immunization providers within Contractor's jurisdiction. • Inform all private providers on the federal requirement that the most current Vaccine Information Statements (VIS) must be distributed to patients (http: // www. cdc. gov/ vaccineslpubs /vis /default.htm). • Promote a health care workforce that is knowledgeable about vaccines, vaccine recommendations, vaccine safety, vaccine - preventable diseases, and the delivery of immunization services. • Educate healthcare workers on the need to get themselves vaccinated. • Provide information to community health care employers (hospitals, clinics, doctor's offices, long -term care facilities) about the importance of vaccination of health care workers. • Educate private providers to send NIS surveys to the Contractor for research prior to returning the survey to CDC, if applicable. • Coordinate educational and other activities with local WIC programs to assure that children participating in WIC are screened and referred to their "medical home" for vaccination using a documented immunization history in accordance with the Standards for Child and Adolescent Immunization Practices (http/hvww.cdc..a vI <tc cities/ pubs /p nkixtol /do w n lo acts /appendices /l-I /standards- pedr ttri .hdf }. • Offer educational opportunities to all WIC programs in the service area, including information about on -line and satellite- broadcast continuing education opportunities from the Centers for Disease Control and Prevention (CDC) Continuing Education web site (http: // www. cdc .gov /vaccines /ed /default.htm). General Requirement 6C: Conduct outreach to targeted groups for the promotion of best practices and special activities related to immunizations. Activities under this requirement shall be conducted in accordance with the DSHS I n nunization Contractors Guide for Local Health Departments. Activities 6C: • Conduct outreach (including, but not limited to, the specific outreach described in the DSHS Immunization Contractors Guide for Local Health Departments) to families of children 19 to 3.5 months of age who are not up to date on their immunizations according to ImmTrac; locate additional immunization histories; and enter history data into ImmTrac. • Collaborate with prenatal health care providers, birth registrars, hospital staff, pediatricians, and other entities to educate parents, expectant parents, and providers about ImmTrac and the benefits of participation. Includes the dissemination of DSHS educational materials as appropriate, • Identify and contact families of children for whom ImmTrac consent has been granted but who do not have complete immunization records in ImmTrac. General Requirement 6D: Conduct recruitment to increase the number of ImmTrac providers, TVFC providers, and Perinatal Hepatitis B providers. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities 6D: • Conduct recruitment activities as defined in the TVPC Operations Manual with providers on the DSHS - supplied provider recruitment list. • Target adolescent health care providers for recruitment and emphasize adolescent vaccine requirements and recommendations. • Recruit new private provider sites for ImmTrac. • Participate with DSHS regional staff in recruitment of hospitals and providers conducting surveillance and reporting of Perinatal Hepatitis B. General Requirement 6E: Establish collaborative efforts with appropriate community entities regarding promoting immunizations and the reduction of vaccine - preventable diseases. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities 6E: • Identify providers, hospitals, schools, child care facilities, social service agencies, and community groups involved in promoting immunizations and reducing vaccine - preventable diseases. • List and maintain contact information of group members and collaborations and identify the best practices they are promoting. • Maintain written agreements and updates of group members and collaborations. Document communications, group meetings and planning of activities that promote the Best Practices identified in contract agreement. Documents are to be accessible during site visits. • Report new group members on the tri- annual report. 7. EPIDEMIOLOGY AND SURVEILLANCE (Jnlp: / /ivvvw.dshs. state. t. r. u.s• /rdeu /health /vaccine preventable diseases /resour-ce.s /i-pd ,�rrrde,p r�) General Requirement 7: Investigate and document at least 90% of reportable suspected vaccine- preventable disease cases within thirty (30) days of notification in accordance with DSHS Texas Vaccine - Preventable Disease Surveillance Guidelines ( http: / /www.dshs,state.t:r.u.s /fdr:•u /health /vaccine preventable diseases /resourceshpd ;;uide.p c) and National Electronic Disease Surveillance System ( NEDSS)). Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities 7: • Adhere to the DSHS Vaccine - Preventable Disease (VPD) Surveillance Guidelines, NEDSS Data Entry Guidelines, and Epi Case Criteria Guide ( htips: / /t.rnedss,dslrs,state.t.v.us:8 009/ PHINDox/ UserResources /hpiCa.seGuide.pjfl in conducting this General Requirement and the associated activities. • Complete all data entry into NEDSS Base System (NBS) following the NBS Data Entry Guidelines. (hit z s: //tvnedss.dshrs.state.t.v.u.s:8 009 /PHINDox /UserResources /Data Entry Grridehn es 2007. pdf ). • Verify and enter complete vaccination history in NBS on all VPD investigations with case status of confirmed or probable. Complete vaccination history should be assessed through ImmTrac, provider offices, school records, or patient records. • Routinely review and follow up on all VPD laboratory reports received, including electronic lab reports (ELRs) sent from DSHS through NBS and Health Alert Network (HAN). • Report on steps taken by Contractor to ensure the completeness of VPD reporting within Contractor's jurisdiction on triannual reports. • All new VPD surveillance staff will attend Introduction to NBS training and complete the certification process in order to gain access to the NBS system. 8. POPULATION ASSESSMENT (Immunization Population Assessment Manual available on line at httip: / /www.dshs.state.tx.us /immunize /does /school /2010- 201 1 PnpulationAssess aentMa ual.pdf (Reference Stock No. 11- 12550, Revised 09/10) General Requirement /Activity 8A: When assigned by DSHS, complete 100% of child- care facility and Head Start center assessments and child care audits. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide Jr o Local Health Departments and Population Assessment Manual. General Requirement /Activity 813: When assigned by DSHS, complete 100% of public and private school assessments, retrospective surveys, and validation surveys. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Population Assessment Manual. 9. SERVICE DELIVERY General Requirement 9: Provide immunization services and ACID - recommended vaccines in Contractor's clinics to children, adolescents and adults to maximize vaccine coverage levels within Contractor's jurisdiction. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities 9: • Ensure that all ACTT- recommended vaccines are routinely available to eligible TVFC patients and that Adult Safety Net vaccines are available to eligible adult patients. • Recommend the simultaneous administration of all needed vaccines for the patient. • Follow only medically supportable contraindications to vaccination. • Verbally educate patients and parents /guardians about the benefits and risks of vaccination, and distribute DSHS educational materials as applicable as part of this conversation. • Discuss, and attempt to schedule, the next immunization visit at each client encounter. • Explain the benefits of a "medical home" and assist the parent /guardian in obtaining or identifying the child's medical home. • Use a Reminder /Recall system (manual, TWICES, immTrac, or other system). • Establish "standing orders" for vaccination in Contractor's clinics, consistent with legal requirements for standing order (including, but not limited to, those found in the Texas Medical Practice Act). • Implement an employee immunization policy according to CDC recommendations in Contractor's clinics. IMM/LDH CCA DSHS Contract Number: 2013 - 041112 CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) Exhibit B Model Strategies for Successful Meetings • Have facilitated meetings led by facilitator with expertise in leading diverse professionals in discussion. • Have realistic goals and purpose for the collaboration and refer hack to the goals and purpose when needed. • Provide feedback to the group validating their input and suggestions. • Recognize organizations and individuals for their contributions. • Encourage group interactive. • Schedule meetings consistently in professional and courteous environments. • Invite diverse partners using the Use the Partner Identification Tool (Exhibit B) to select those who are locally available to you. • Determine equipment needs prior to meeting. • Give participants adequate notice of meetings. • Develop a distribution system to send attendees the following: o Meeting announcements o Minutes from previous meetings o Call to action events a Other information as applicable • Have and maintain attendance rosters. • Agenda's shall include but not limited to: o Welcome o Introductions of attendees o Cover key points of meeting o Announcements o Corer meetings of previous meeting as applicable o Introduction of guest speakers as applicable I- N = T c-. T : Ei c) 71- a �v ° C O cl = o Q o Q N JJ Q 8 8 CD W O V =U ` = 0 u co = .0 C z.5 - Z Z X a 0 0 + = W V > MOM 1 0 w al = N i W O W ct1 ? -O CD W 0_ = TD 6 o to Z D . a © cL ›..,U c CC ai 0-• I EE 0 0 w a -C 0 to 4- o CSS ix o co a 0 E N co E al U) a) U C o or) m o as y co a C o 7 o c ° a Q • • - 00 N 0 -0 N o ro o C cry co N p ro o a) 0) (')O-2 co 0 N o C- O L-,10 C y ••'" N "U • O � •y C•U U C � • C c a) ro c c o X .-• Gs o 0 cry '0 a) o) E0)a)E •�mico a._conogovo c c C O) 0 O) 0 o• co FO -0 C J '� O c N U U c o. C 0 r C i • "C a •° p U 0 0 o cV o U C m (.c N L U `, ro a) T 'i7) Ti N Y b1 U C �= U •- ro U p ro(n U c U -0 • OU)_Ola.u) L<LLuLJYW < W 0 0 0 0 0 0 0 0 0 El a) ai '6 _- 7) co c N 0 b (q o � a=- U O is (Lf O O N • a) a) N t) ' U C 0 0 0 1 +—' 0 x I) m U a) -5 2 co Tis -0 O 0 O N N '+. C U E (Ci U U E 4? C c v1 a7 Q) .t O a) O a) E N Ql C Q N G) O G 0 E c - 0n E N-2 0 U.c� oz C, C 0 0) }. a) c , a.«., 0 (13 E ..... �aa)) v)OU z > 2 _ (o w co '3 c� E E 2'5 X3-0 o f a) o o 0 a) 0 o 'c 0 0 c o m GI CLUwIIz =22coa_C)z o,c%cnw ID ❑❑❑ ❑ 0 0 0 0 0 0 0❑ (16 ❑< U) a) co i c a) >, a) Q a' 0 E 0 E a) (n.E o o y r o C 2 0' 0 C 0 c OL 7 .0 (.0 . - — (LS N_ 0 E O O O 0 CEO CO C O O �- (6 N .Q CO ( ' U U 0 N . to CO ..C) Q 0) c (a .0 0 ,a o ' O 0 �l O_ .', E co 13U co o a)• o u_ E .2).c) (Li c a) (3) M 0 0 Q) -c) (Z)U( 2OZOCCO a) LL. 0 ❑ ❑ ❑ 0 ❑ ❑ 0 0 LPL a) ro C o 0) v c O. (n o u) a . a) U 9 N c .0 � "O 0 c O (d , o a) E c� a) a c b a) O O C Q 22 0 -0 0 o_ .E- 0,.. CL co N( Cr)* U 0) Q c •N 0 (0' a) c O p) b a5 oEcr.ac ._- .7c _ -com a) a) (1)c)`(2& W W.° N E. 0)in I a ro Wiz_ m E"�- m m n� a O C bU E .ro y O m U 0 •E .Q c C a) o50Q -cw E60 ci0(nc.° (D a) E U O b c O ?. O 0)-- '- O co O E' E o (11 0 0 o_ , "a (A .2 �i, co ( Q O 0 4) cI V a) N w o x xa a) o D= 0= co E E �f 0 cal IA W >OO 0 -) < C-- LU O J F- W C 2) _ C O LL °l 0 ❑ b) 0 ❑ 0 ❑ ❑ Q ❑ 0 0 :..' 0 ❑ ❑ 0 ❑ 0 U U 0 C.) rioJ 0 rrrr� w4 O C U C1. U 0 C) z U 0 (1) p z O 0 C 0 C 0 U C C Cj C 0 0 C .0 C U z Name of the Collaboration/Coalition Facilitator Name and t a N O 0 a) C) Q N a N O N 0 a. 0 fa. N N_ C N O CC C Q N O N a N Q O 11/03/2012 7-� C C 8 0 U .0 C 1) C 1.) bn C o C 3 ,0 N A C C 76 U C d O try a — • 0 'P s C x a E o v U U I C C C) C U 0 a ▪ V; • p C U 0 cu ci a O C O p C C Q7 a • r- U � U C r O >, 0 ct 2U 0 2. Goals and Activities 0 0 0 C 04 0 0~ C O a) bA by A cd C O 4 O CC O C.) 0 O C 0 C C) U 0 s U 0 04 C) C C C) • C U C 0 I- p, C _o C) O C U o 8 sa a) 0 U s (1) C"• vi C) U CSy 4) C V C C C U CC C) .CC v_ C) C) C7" . --� C C 04 p U C) CC LS.. C CC 0 -6 F t U N tip U ►ter ;" CM G.) A = .O r-1 ct o © x" -,E: oU U UN "" rA U CO ' -- A a 1 ZiV V � . F. , N .. .4. o V ' W = = :w E cn - I V) r� u W ck g C 0 a) O - 0 • 0 • O O O u7 U aj • U • U cd o .P 0 U P U •_ 0 O O U 0 N . O o b o ICS 0 '0 • 0 • •E bq U - U 0. cd s ,fl � U bA 0 0 • ,• U c� S. 0 0 0 Q 0 U ct b.0 C .) a.) a) 0 0 Cl 0 O w O 5 O C b a) W-s W 0 a) Cl 4-r O O Cl Cl r' a) • a) C U U a) 7 N a) C C ,Cl .0 b Cl • •� s a) ✓i a) 4- C v° C • O .O U 0 Cl •; Cl 0 a U H 7 C :d • tb s.. C O N E C O U O O 'CS O +▪ � E aL U 0 CI U O A C 124 IMM /LDH CCA DSHS Contract Number: 2013- 041112 CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) Exhibit E Final Report SOW Final Report should be on your letterhead and include the following: o Project Title o Project Coordinator o Period Covered o Brief Background of Project o Summary to include the following o Project Expectations o Project Outcomes o Project Barriers o Number of meetings held o Describe focus of events held o Describe if objectives were met o Will you continue with this project? Why or why not? o Signature and date DOCUMENT NO. 2013- 041112- ATTACHMENT NO. 006 PURCHASE ORDER NO. 0000385670 CONTRACTOR: CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) DSHS PROGRAM: RLSS /LOCAL PUBLIC HEALTH SYSTEM -PnP TERM: 09/01/2012 THRU: 08/31/2013 SECTION 1. SCOPE OF WORK: CONTRACTOR shall improve or strengthen local public health infrastructure within the State of Texas by: • Developing objective(s) to address a public health issue; • Utilizing resources provided through this contract Attachment to conduct activities and services that provide or support the delivery of essential public health services; • Assessing, monitoring, and evaluating the essential public health activities and services provided through this Program Attachment; and • Developing strategies to improve the delivery of essential public health service(s) to identified service area. These tasks shall be performed in accordance with Department of State Health Services (DSHS) Division for Regional and Local Health Services Interlocal Application. The assessment and/or evaluation activities must include measurable standards. Acceptable standards include the National Public Health Performance Standards approved by the Centers for Disease Control and Prevention, Performance Standards developed by the Texas Association of Local Health Officials, Healthy People 2010, and any federal, state or local law or regulation governing the delivery of essential public health services. Other evaluation methods utilizing standards not listed in this Program Attachment must be pre - approved by DSHS. CONTRACTOR shall comply with all applicable federal and state laws, rules, regulations and standards including, but not limited to, the following: • Chapter 23 -11 of the Healthy People 2010; • Section 121.002, Texas Health & Safety Code, definition of ten essential public health services; • Government Code, Section 403.1055, "Permanent Fund for Children and Public Health ". CONTRACTOR shall not use funds from the Permanent Fund for Children and Public Health for lobbying expenses under the Government Code, Section 403.1067. ATTACHMENT — Page 1 CONTRACTOR shall comply with all applicable regulations, standards, and guidelines in effect on the beginning date of this Program Attachment. DS HS shall inform CONTRACTOR in writing of any changes to applicable federal and state laws, rules, regulations, standards and guidelines. CONTRACTOR shall comply with the amended law, rule, regulation, standard or guideline except that CONTRACTOR shall inform DSHS Program in writing if it shall not continue performance under this contract Attachment within thirty (30) days of receipt of an amended standard(s) or guideline(s). DSHS may terminate the Program Attachment immediately or within a reasonable period of time as determined by DSHS. SECTION II. PERFORMANCE MEASURES CONTRACTOR shall complete the PERFORMANCE MEASURES as stated in the CONTRACTOR'S FY11 Local Public Health Service (LPHS) Service Delivery PIan, and as agreed upon by DSHS, hereby attached as Exhibit A. CONTRACTOR shall provide activities and services as submitted by CONTRACTOR in the following county(ies) /area: Nueces SECTION III. SOLICITATION DOCUMENT: Exempt — Governmental Entity SECTION IV. RENEWALS: N/A SECTION V. PAYMENT METHOD: Cost Reimbursement SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B -13) and include acceptable supporting documentation of the required services /deliverables if indicated in the attached Exhibit A. One of the following methods Iisted below should be selected and used consistently throughout the term of the contract for submitting vouchers and supporting documentation. • Send as an email attachment to invoices @dshs.state.tx.us (preferred method) • Fax to Claims Processing Unit at (512)776 -7442 • Submit to the following address: Department of State Health Services Fiscal Claims Processing Unit P.O. Box 149347, MC 1940 Austin, Texas 78714 -9147 SECTION VII. BUDGET: ATTACHMENT — Page 2 SOURCE OF FUNDS: State DUNS Number: 069457786 SECTION VIII. SPECIAL PROVISIONS: General Provisions, Section 1.03 Reporting Article, are revised to include the following paragraph: Contractor shall submit quarterly and final performance reports that describe progress toward achieving the objectives contained in approved Contractor's Service Delivery Plan and any written revisions. Contractor shall submit the performance reports by the end of the month following the end of each quarter, in a format to be provided by DSHS. Failure to submit a required report of additional requested information by the due date specified in the Program Attachment (s) or upon request constitutes breach of contract, may result in delay payment, and may adversely affect evaluation of Contractor's future contracting opportunities with the department. Reports should be sent electronically to: LocalPHTeam @dshs.state.tx.us or by facsimile to 512 -458 -7154. A copy of the report should be sent to the respective DS HS Health Service Region, Attention: Deputy Regional Director. The report signature page should be sent via mail to: DSHS Regional and Local Health Services Attn: Local Services Team 1100 West 49th Street P.O. BOX 149347 MC 1908 Austin, Texas, 78714 -9347. General Provisions, Section 12.01 Responsibilities and Restrictions Concerning Governing Board, Officers and Employees, is not applicable to this program Attachment. General Provisions, Section 12.20 Equipment (Including Controlled Assets) Purchases, is revised to include the following: For the purpose of this Program Attachment, equipment is not approved as part of the base budget for LPHS. The funds are for direct services. Although, at mid -year of the contract term, if funds are identified as not being used, the funds may be used to purchase equipment in the 3rd quarter of the contract or program attachment term. Contractor must submit proposal to redirect funds with justification as to how the equipment helps achieve the goals, objectives, and deliverables outlined in Exhibit A (Project Service Delivery Plan). The proposal must be submitted to the contract manager assigned to the program attachment. ATTACHMENT — Page 3 2013 - 041112 -006 Categorical Budget: PERSONNEL; FRINGE BENEFITS TRAVEL EQUIPMENT SUPPLIES CONTRACTUAL OTHER; TOTAL DIRECT CHARGES INDIRECT CHARGES TOTAL DSHS SHARE CONTRACTOR SHARE OTHER MATCH 191.00 $35,842.00 $0.00 $0.00 $335.00 $0.00 $0.00 $164,368.00 $0.00 $164,368.00 $164,368.00 $0.00 $0.00 Total reimbursements will not exceed $164,368.00 Financial status reports are due: 12/31/2012, 03/29/2013, 06/28/2013, 10/30/2013 EXHIBIT A Texas Department of State Health Services 1:1 CU • froa 0 .� `RS 0 4 u N 01 W 0 -C2 Z.; 4., Oa C Jb E Lb O Qt -0 E) �.0 ,- 0 b U 0 C -k : 9 S , � mb..- ° ro 0 -c ro i Q) 'V C7 �q -4 C -Q `_ � r �f% 0 0. y 2. k". �� ro°N roEao4- Z N 6) t3 cn,UZ CO °' ° ��� N a �.0 c�] ■. p NW 'mro.zc mm .i '� Q o „ a'.0 fi L Z Z • • 0 iIU ci) 4.1 oa .ww 0 - 0 °�rororo N ❑� .. b- r 0 u 0 O o a L c r~ fi-o a • 0 'V m .o mS.c V W L p� ,E0-Q T Gi U 'z a w.. a ,U ■ . I .Q , ` ...fi 2.E -Q 0 F. Z�o.a, () °a E,,,� U - 0 n3 0 c CO CD 0 CL//�� U O .2 ar a QUi 0) - t ❑ - u.mm� Ea .c 0 0.roroaVa8<a 0 "F6 'a m 1) L. �.am`�roo m'0 a o • k m � 6, (/) XI :� Lt) I'C =rob - V �ro O-0 q) 0 ° • a cry U , �- 0 �� J 1-. »- o z a, = a j • `0 Q i p C m r- v ',-, cn co - u) ii U mQb CL S.0 E-.1 ro (f) a, V. Performance Measure: List the performance measure that will be used to determine if the objective has been met. List a performance measure for each objective listed above. I. All reportable disease identified in Nueces County will be investigated, will receive appropriate public health intervention, and will be accurately recorded in the Health District database. 2. All policies and protocols related to disease surveillance, investigation, reporting, and outbreak response will be current, complete, and in compliance with DSHS and CDC standards. Deliverable Describe the tangible evidence that the activity was completed. 3 a? a) a) .fl cl t A 0 O r a) -� Z. a, d a) U 0 C • ct O c d Q E U • z -d o c - v E U 0 O U ° O teO ) • - C c j O O Q. E Cl :n >, v 1.) . O a o • t 3 1 is U c �n° o O _. " d ' c , " a a U -n 0 UU t1 c +4 . - � g i _ O a U Uc • c U = U E a 3 a. U b OU ti Cl a) c (4 1 p U ti) v � . A d= 3 el O U .' b '� \ Q O `c O O o., L., O b c 0., d: z c c� 0. a O v E a) c a A3 a n - O t., E c n L . c T c S ' U O U c ? 7r; Evaluation and Improvement Plan List the standard and describe how it is used to evaluate the activities conducted. This can be a local, state or federal guideline. y ctil 7:i .0 a.) c 2O _ 3 41 bA v~i o C, ice, C c C3,° el • d c � N Glb c bA 0 > 4, c z N O U d c .0 E o z. a? ' C '.7'40 C cC O U d p O a) c n z i. M A. 1-. O -� a a 04 cti U) 3 bA Q cc) O c c z d' `a "0 ..., c j v c. n m c 3 a1 bA .1 c N ,.., .0 c E " c c F'' E-' ..... 't' v) .U,+ C) d LS a) O 4..-. 0 a) Z �t 71 Activities List the activities conducted to meet the proposed objective. Use numbering system to designate match between issues /programs and objectives. T (.) Cl) 4-. 0 �j O Fy v c I) u a 4-I 74 y n C el a CA r -. d) C" 0 �. a O vi 4 p -d c > * ,. y L, o U ro ) d "Q . i A • C 0 'Un O b '5 .-0 • -, C tx) -0 ''' c �, � =a•' 0 0 L no d I o CI j U • vl L1 7- vs d -o 0 L. L1 v - iN :.. 0 - 4' ^" C''' ""•. v 3 0 3 v, 3 E a) �p = 1-. c� • 3 M a) .- "a I) 4) v N 3 "Cy rn a.) -o fl co -o c c v O T c v a) as ..d cil o R+ 'a - n & 9d °£2 ) Q '2 a. G / / 2 u / g ± _ t 5 .S." t� / ° \ \ ƒ / 2 N 9 M m M AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2012 Action Item for the City Council Meeting of September 18, 2012 DATE: August 3, 2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health An nette R@ cctexas. corn 361- 826 -7203 Accepting an amendment from the Department of State Health Services - Immunization Branch CAPTION: Ordinance authorizing the City manager or designee to execute all documents necessary to accept and appropriate a grant amendment in amount of $12,500.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds for Immunization education services. PURPOSE: The purpose of this Amendment is to add funds for coalition and collaboration activities within their jurisdiction, as well as to add new exhibits for reporting. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $241,637 to provide funding for Immunization services beginning September 1, 2011 through August 31, 2012 to fund personnel, fringe benefits, travel, supplies, contractual and other expenses to support the Immunization program for children, adolescents, and adults, with special emphasis on children two years of age and younger. ALTERNATIVES: Discontinue the Immunizations program; thus causing the grant to cease to exist for children and adults. The uninsured and underinsured would go without vaccinations; this in itself could lead to major outbreaks in the future OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Finance- Federal Grant and Office of Management and Budget. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $241,637 $241,637 Encumbered / Expended Amount This item $12,500 $12,500 BALANCE $254,137 $254,137 Fund(s): 1066 Comment: No fiscal impact to General Fund. No match funding required. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant amendment in amount of $12,500.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds for immunization education services. Whereas, by Resolution 029204, the City Council authorized the City Manager or designee to accept a grant of $241,637 from the Texas Department of State Health Services to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age and younger, and ratifying acceptance to begin September 1, 2011; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate a grant amendment in the amount of $12,500.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds for immunization education services. A copy of the executed amendment shall be filed in the office of the City Secretary. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor DEPARTMENT OF STATE HEALTH SERVICES Amendment To The Department of State Health Services (DSHS) and CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (Contractor) agree to amend the Program Attachment # OO1B (Program Attachment) to Contract # 2012 - 039517 (Contract) in accordance with this Amendment No. OO1C : IMMUNIZATION BRANCH - LOCALS , effective 06/01/2012 . The purpose of this Amendment is to add funds for coalition and collaboration activities within their jurisdiction, as well as to add new Exhibits for reporting. Therefore, DSHS and Contractor agree as follows: The program attachment number is revised as follows: PROGRAM ATTACHMENT NO. 001C SECTION I. STATEMENT OF WORK is revised to add the following: In the 2008 -2012 Centers for Disease Control and Prevention (CDC) Immunization Program Operations anual ti <htt: / /www.cdc.ov /vaccines/ vac - en/ soliciesliom/default.h the CDC has identified the establishment o co munity stakeholder groups as one important aspect of the larger effort to increase unization leve The increasin number of reco ended vaccines rez.yuires on o education for he ublic and medical rovider • as a hasized in DSHS's Inter -Local A I lication o Plan ( <http: / /www.dshs. state. tx. us /immunize /docslContractor/Work Plan.pdf >) for local health departments. The CDC "encourages the use or development of coalitions artnershi west and other uni ue relationships to maximize efforts" to involve the community in the evolving education regarding recommended immunizations. For this contract: Contractor shalt engage communit :rc u s /stakeholders in a collaboration to increase communi y Meetings (Exhibit B) and Partner Identification Tool (Exhibit C): The Contractor shall develop lead==, direct ,. and host no less than two 2 communit tannin rout /coalition meetings in its local jurisdiction. O Contractor shall develop a planning group with the goal of establishing a sustainable mechanism on a local level that can be replicated utilizing best practices as identified by the CDC, h .1tp: / /www.cdc.gov /vaccines /partners.htm. O Best practices for increasing vaccination coverage levels include: a Working with other community associations and /or affiliations; Page -tof3 o establishing "medical homes" for clients; utilizing effective reminder/recall systems; o Consistent use of an immunization ImmTrac registry; and o Provider education on vaccines. and tublic and arent education on the irn to tance of vaccination completeness and timeliness. O Contractor Contractol twill a st oint a coalition coordinator and a facilitator O Attend the National Conference on Immunization and Health Coalitions in New Orleans, LA in May 23-25, 2012; and O Attend the meeting 2012; • D 'H: **r*in4 • ,l1 • hill' • • # • Ii • # provided by a DSHS designee; O At least one on-site technical assistance visit will occur during this contract period. Contractor shall co 1 with all a # licable federal and state regulations and statutes including bu 'Rated to: • DSHS regulations at 25 TAC §97.101 & §97.221; and 0 Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices ACIP) guidelines located at http://www.cdc.gov/vaccines/recs/acip/default.htm. SECTION II. PERFROMANCE MEASURES is revised to add the following: Re orts for Coloration/Coalition Amendment Report Type Progress Report Progress Report Reporting Period 05/01/2012-06/30/2012 07/01/2012-08/31/2012 Report Due Date 07/30/2012 09/30/2012 In addition, Contractor shall: O Identify participants showing a commitment to collaborate with one or more community entities; O Provide signed letters of agreement or other documentation of commitment by August 31, 2012; O Receive technical assistance to include secialized trainin and su so t rovided b DSHS. O One (1) on-site technical assistance visit will be scheduled during this contract period; O Submit a progress report, Exhibit D by September 30, 2012 indicating: o Identify the coalition coordinator and facilitator identified; o Identify the staff that attend the National Conference on Immunization and Health Coalitions in New Orleans, LA in May 2012; rj Identify the staff who attend TISWG meetings; and o The number of meeting with local community associations and/or affiliations with interest in increasing immunization rates in children, minutes and sign in sheet of attendees must be attached. 0 Reports should be submitted electronically to: DSHSImmunizationcontracts@dshs.state.tx.us <mailto:DSHSImmunizationcontracts@dshs.state.tx.us> Exhibits B, C, and D are added in their entirety. Categorical Budget is revised as attached. All other terms and conditions not hereby amended are to remain in full force and effect. In the event of a conflict between the terms of this contract and the terms of this Amendment, this Amendment shall control. Department of State Health Services Contractor Signature of Authorized Official Signature of Authorized Official Date: Date: Bob Burnette, C.P.M., CTPM Name: Director, Client Services Contracting Unit Title: 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 (512) 458 -7470 Bob.Burnette@dshs.state.tx.us Address: Phone: Email: IMM/LHD CCA DSHS Contract Number:2012- 039103 CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT Exhibit B Model Strategies for Successful Meetings • Have facilitated meetings led by facilitator with expertise in leading diverse professionals in discussion. • Have realistic goals and purpose for the collaboration and refer back to the goals and purpose when needed. • Provide feedback to the group validating their input and suggestions. • Recognize organizations and individuals for their contributions. • Encourage group interactive. • Schedule meetings consistently in professional and courteous environments. • Invite diverse partners using the Use the Partner Identification Tool (Exhibit C) to select those who are locally available to you. • Determine equipment needs prior to meeting. • Give participants adequate notice of meetings. • Develop a distribution system to send attendees the following: o Meeting announcements o Minutes from previous meetings o Call to action events o Other information as applicable • Have and maintain attendance rosters. • Agenda's shall include but not limited to: o Welcome o Introductions of attendees o Cover key points of meeting o Announcements o Cover meetings of previous meeting as applicable o Introduction of guest speakers as applicable Q Q O _U p 0 as �� Q . 0. OO4 » _ 0 _ U @ E Z 2 2 1 \.2 —1Z0 (D(7)9 () W > q W G) cno �U &Q OW l7 .> U -, Cn I •c R o L O 2 as > U @ - c E o 2 CC U •§ = E To OE co 2 .§ @ R � o2 3� § \ N 77 g • af FT \\ n o %} 0 k o u)m r 0. $ O .° r 0 o % \ / m E \ c m -- -0, o_n ./ c o G 0 0.5 c 0 >. E5 - °m "'\ / §m -0 %\\/ E 4-E. 1.\ 2 /.g E § 0TD E .» .E - % E 2 > <O±SmOI o c e c e c e c c G ./ 0) \ m/@ g \ @ .2 2 2 § 0 o m0§ - 7 .- \ 0 \E .m $ \p . %7 /{ e m E 7 ® 2 o E °mm�70@ \ \ %\ �»»3ngg7_a >m m R R§ 2 2 0%§/ 7 mU)U)— .G2EE2\ =cc >� =o�EO= .a m m 0 E._ m o o 0 _===%22222& 0)000mm =_> =00) mm /¥7 .g$-D0mE ° _ = o -D 0 m = o - _ C m -0-0 •- 5 0 0.- o o m °o® ®G=( %§M %» a225a2p(2§E25 01E n o o n 2 /7\g7 /<WWIW< w e c e c e c e c e c e c >, >, Cn 6 I H J . O C,.. W i > 0) = a) a) c- oU O"as J m 0_ o Q N a 0 o cp O oc U a) U �+ O 13 H +_r C) N E Z 4 E CO CD _> >tc�•5 JZO 5 O O O t V W 73 > v i W a) c c On CV =ajo O W 4-, U) Z a Q I p `—' o Q_0 cn Q c I CO� E o n O CL o CC O 2 U • 0") CO L }, o i w as O 0_ E as O .w as 0 m a) 0 M cf) U E O EO o C .� is as EO.� N O O 0 a) a) 5 E ca)coF2— v) C .2 iq o ,m 2 U c a) a) 2 _. x cl a) .N 0).- U a) a`.)) o a) ca 0 m ca U E m U O O N O .+ a) N-0 E - U a) a) - L a) O a) m a) ..– 0 — a) E 0 -E CD o cn E con � 0 0.o� c t a) a.) -o am E �� c >,, 0) o a) c a) • 0 65 m E . a`�i of -c >o a) �a �a a �a f E_Q E E F2' 5 a) o f a) Cl) o a) a) a) n• – o n E o ycLUw====cncLUZ a0- TES U 0 (1) N ca 0 OE I U Z o 0- ° _0 < ❑ a) a) E >, o_ E °) E O in a) E ° U _E (1)� C E.+ = o n E CZ • 0 .2 -- ca (a0E2 5U) -D EC7 O m a) = O O «+ � 0 o N C . ca o•§ o i 0).2 >,E ca w0a)Ca L02'�c�� U) a - .0 N E o oa)2 E'2(a is E a) a) is O O Ti) w (ZDO C)ZUCCO a) LL ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0_ a) > .Et a) U) Q v) o Cl) U) a) a) °) aa)) -0 .0 - E 0 E E ° as (a a) a) E o_ a) Fa m o o 'o 12 ms E 2- as rn • .- � U) U) U) U) � � a _. QO 2 N N a) O N ) • .o C '0 ° O N 0) O a a) o 'It .2 2 .�> E CZ E o m a) O O c2n a W W .2 No .2 a) O = :. _m L— _ EoO CD E 0 E.N. � O� aa) ° o.5 a� in. E o v as ° . 2.° a) a) -O E- 0 .E U) o a) _ O , O 2)'– O O) ate) E _° a)U 3•E c 0 O.76CC as 0 0 0 E u)._ >.. ca as O O an a) m '— (1) N CD'- x x-CCD a) o 1 E ate) c E E g - o mE _ yww om0,.:Zo w o _IHwC7 pi LL ❑ ❑ ❑ 0) ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ O ❑ DSHS Contract Number: 2012-039103 CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT Submit Progress Reports electronically to DHSHImmunizationcontracts @dshs.state.tx.us by: Name of the Collaboration /Coalition Facilitator Name and title of person completing this evaluation form: 09/30/2012 7/1/2012 - 8/31/2012 07/03/2012 05/01/2012- 6/30/2012 Comments ;Gets tG�G v Gs 4r G?Y�` �Gs�GG Iuq 3 � <Gsl #L; �l4 ?c }3 �zrr I #�s GR JJ �GGG GG I;s,3inY�.� Gtrf�iG Iment u identified new partners t wising vaccination coverag name(s) recruited collabor -rave documentation or lett ►rs information. (must be a �{�Gr rf� a r' 0 .ollaboration targeting sin groups. ;ollaboration focusing on r nation coverage levels? Li sheet. CC k1 - G c Gi4 N DSHS Contract Number: 2012-039103 CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT rl erm Best Practice with logic model outcomes. e. What were the challenge(s) for this quarter? Explain. f. What have you achieved this period? s a -, � � �:.,,, :�� ,.,,,_��, .s�„c,.c >- ,.� -»� :� , .,. � � _raw � r -tits, w3� 3 � >,,,\� _,., � `, ��, sue„ vv,�e%t q., � .ate -n"-. =... -3 �--,,, s`\ \� �Y *... \ "aoF.,%., „ . "oi ._ s.,».: , .. ✓J > <Y as mow`' �.\ \�..,,,, ..`,> a s J, -a' sr+ --- "„.C'. v <5, .��.. .:u s, w a �,< , \, �4�J `- .s,��c�,�� .1� $ vy ., a �,. , . �, ._ � f ., << vs> .. .. � `.'� `„-- �z;' '�c'c,., "' �\�S'�a >..,�5 �'* � '_.:� � -;l -\ rr�r,.,,w `h t" afs<;; � 'a v ;. r ..w...vti -�..� � .,,�.r. < � cy'. -., .mom � �...,. <.� ..��� -.�.r -; tiN �.- .,��a'�: � , � �s 2�`�s� v.v�� �� .r <� �iJ,� �r - . � � :gym s �'aa„ �� 3. Training Be sure to address specific training pertaining to coalition sustainability. a. List and describe all training attended and/or provided to coalition/ collaboration members and staff? b. Have you or members of your staff attended TISWG meeting? List the date and name of attendees c. What other training needs have been identified? d. What Technical Assistance do you require? If yes describe. s a -, � � ,mow >�rw;��- <- s;- ; ==:�.,,��,.,, s�;.<:�� �,�.,�,`, � r� . : -� , � ~- ��„rw,��;..; .,-� „�-�> , .s�`„c~,.-c >,- ,.^� -»� :� :, „>`1��.,. . u�w��,,r .,�. -,. ,.s.Y. ,rr5�, c.; s �<r- � � � _`raw � r �� -tits, w3� 3 � >,,,\� _,., � `, ��, sue„ ve%t q.,. � .ate -n" =... -3 --, `\ \� � S„"\ *... . v "'oi "*._ s.`,»�.: , .. ✓J > <Y , as mow`' , � =v ,, tip-` J, -a'"' v <5�, .��,,.. ,2 �_ 1, �,. , . �, ._ � f ., << s> .. , a s `'��� �, .,C�r ->` .,.�, -„ ,:, �,� `.'� `„-- � - �z;'< %'�.c'c,..., r"' �\U�S'�a ,..,�5., �.'* ,�,_ '_.:� � -,;l -\ rr�„r,.,,✓w `h, t" afs�<.;.; � 'a v ;. r . ..w.,..vti -�..� � .,,�.r. < ., -, , v.v�.� - .r „<.�. �,i.J,� , .,, 3 aa„ -, �� r � r�i ,�. --,. 4. Budget Referring to the finance model for your Immunization Program Grant a. Describe any budget challenges experienced this quarter? b. Have you submitted your B -13's and required FSR to claims processing in accordance with state requirements? j1fJ��& t��za (i( >��YxAt �Jr�zf; ✓ ✓ai�3n" jR. �'hRJ G �Zt?il { fizz 4 O rkk = o -o m���ttt d DEPARTMENT OF STATE HEALTH SERVICES 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 -3199 CATEGORICAL BUDGET CHANGE REQUEST DSHS PROGRAM: IMMUNIZATION BRANCH - LOCALS CONTRATOR: CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT CONTRACT NO: 2012 - 039103 CONTRACT TERM: 09/01/2011 THRU: 08/31/2012 BUDGET PERIOD: 09/01/2011 THRU: 08/31/2012 CHG: 001C ", Ll: r v �' r `Ii' /t 5 r✓ 3' r / r s.I r`ti.rza r : tr f. ,✓ rl». r ` s . , � ,� .., � ,- ., ✓ .. x "Wi, ,; .. zr ; .. - -P.,/ r' ,.., > r . , . ,�.:. �. �"_i.' .rf i, nrr,„ � /!r ^r � �. rr�, r' r.�» , r. r `x»rr, L .�,l. ? a _" r,�r,� . > m', l s y . .,P ^ u Br✓ „ »., �,�/ o! ., r. i s r >. . »r . ..r, ; . l r..�., .r .> �. .> m ...., ., , + , >r, : � „ r : r . r r ' ,;,' „" Fr�r "t � , . rM! C /r . 7„ l'.. ; `.Y f,a }�,r r / / r J ', . f, J f � r ', .7 �r J f,t . �,.. ^ �� ,3%r�3 ,"Y ll, . J fr { "Jr. , .r7f r/ `,J7. . 1 ' } .:r 1 r, / / � s J/ f f , r 'rr: , ' . 5 / r . " , . �» r r fJ ,r '7/f . f l r Fe:. ri/ %f .. :z ,r / 'r r r, ✓ .+ ,"/ a r .., 3 r ., 7 f /l/ rr/ r r „ r fr .,; . ... . .. .i. "9 f T/ ✓ '� r �% r / . Lr r r ' 37 fSf ,r32 r`/ Current Approved Budget (A)'; Revised Budget (B) Change Requested Personnel $181,908.00 $181,908.00 $0.00 Fringe Benefits $44,968.00 $44,968.00 $0.00 Travel $5,580.00 $14,800.00 $9,220.00 Equipment $0.00 $0.00 $0.00 Supplies $6,301.00 $8,541.00 $2,240.00 Contractual $0.00 $0.00 $0.00 Other $2,880.00 $3,920.00 $1,040.00 Total Direct Charges $241,637.00 $254,137.00 $12,500.00 3 4? YI G> r.r .%Jr .%Jr f r 3 f " r cr .J . J J!Jr%�. i J r r l' rl' .%Jr l r l' r l' rl' .%Jr l r l' r l' rl' .%Jr l r l' r l' rl' .%Jr l r l' r l' rl' .%Jr l r l' r l' rl' .%Jr l r l' r r/ .ur t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Jr .crr..r. r,,;. r. �.. r.. ror.. rr,,,.;.r•.. ror.. rr,,.,,.;.. rororr.;.r,.r,.r,.,.;.r rr rr•. r.;.r,.,.;.r•.» rorororrrrr rr.;.r,.,.;.r rr rr rr.;.r,.r,.r,.,.;.r rr rr rr.;.r,.r,.r,.,.;.r rr rrrr.;.r,.r,.r,.,.;.rrrrrrrrrrr rrrr rr rr rr rr.;.r,.r,.r,.,.;.r rr rr rr.;.r,.r,.r,.,.;.r rr rr rr.;.r,.r,.r,.,.;.r rr rr rr.;.r,.r,.r,.,.;.r rr rr rr.;.r,.r,.r,.,.;.r rr rr rr.;.r,.r,.r,.,.;.r rr rr rr.;.r,.r,.r,., .;.rrrrrrr.;.r,.r,.r,.r,.r,.,., Base ($) $0.00 $0.00 $0.00 Rate ( %) 0.00% 0.00% 0.00% Indirect Total $0.00 $0.00 $0.00 ;l . . /r ,.l ," ," ," ," ," rr ,, s irrr" ," ," ," ," ," ," ," ," ," ," ," ," ," ," ," ," ," ," ," ," ," ," ," ," ," ," ," , / Lr .r r r r..r r r r..r r. r. .r ,.$. ;9g r r r.,.r r r r.,.r r r r.,.r r r r.,.r r r r.,.r r r r.,.r r r "r.,. r. >.. b s, Y,.>, Y ,. >,Y,. >,Y,. >,Y,. >,Y,. >,Y, . >,Y, . >,Y, . >,Y, . >,Y, r l. . >., 1 r.21,- : . r' r f.f.f' r f.f.f' r f. rr' .lr..rl..r..rl..rl..r..r..rl, al. �,.a. all, a.al.1.l..al.l, a.a..al. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. er. 1. 1. 1. 1. 1. er. 1. eael al. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1.1.1.1.1.1.1.1.1.ea1.1.1.1.1.1 .1.1.1.1.1.1.1.1.1.1.1.1.1.1.1. 1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1 .1.1.1.1.1.1.1.1.1.1.1.1.1.1.1. 1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.. Program Income $140183.00 $140,183.00 $0.00 Other Match $0.00 $0.00 $0.00 Income Total $140183.00 $140183.00 $0.00 :r 'ram.." f, r/ „+ a5t< v. .. r.. ./ r......Y „- " o ✓r "rri P- d g l . f r r r f r r r f r r r f r r r f r r r f r r r f r r r f r r r f r r r f r r r f r r r f r r r f "»r f, 1. m / l l J" J l l J" J l l J" J l l J" J l l J" J l l J" J l l J" J l l J" J l l J" J l l J" J l l J" J l l" J" 1..r.1.1. .a..a.,r..r..r.1. .a1. ���/�, ,.r....r..r. r.... �. �r. �. �. �...... �. �. �...... �. �. �...... �. �. �...... �. �. �...... �. �. �...... �. �. �...... �. �. �...... �. �. �...... �. �. �...... �. �. � ......�.�.�......�.�.�.......�. Advance Limit $0.00 $0.00 $0.00 Restricted Budget $0.00 $0.00 $0.00 r. Y , / r .�r. r/ /% ,r /,r r/ r . /,r /,r /,r r/,r r/,r r/,r r/,r r/,r r0,4' $ " r ,l r . r J , . / �2 YF,..rrr..r. ".,.rrrr..rrr. ,. a,, rr rr rr rra.,. a.,. a.,. a.,.;.r rr rr rra.,. a.,. a.,. a.,.;.r rr rr rr rra rrrrrrr:.�rrrr.zrr:,.,,.arrrrr rrrr rra.,. a.,. ar rr rr rra.,. a.,. a.,. a.,. ar rr rr rra.,. a .,.a.,.a.,.arrrrrrrrrrrrra.�... ............ ILLLLLLLLLLLLLLLLLLLLIIIILLLLLLLLLLLLIIIILLLLLLLLLLLLIIIILLLLLLLLLLLLIIIILLLLLLLLLLLLIIIILLLLLLLLLLLLIIIILIIfI Cost Total $241,637.00 $254,137.00 $12,500.00 Performing Agency Share $140183.00 $140183.00 $0.00 Receiving Agency Share $241,637.00 $254,137.00 $12,500.00 Total Reimbursements Limit $241,637.00 $254,137.00 $12,500.00 / l AY r rF" J /l . r. r r r ". r. r r r ". r. r r r ". r. r r r ". r. r r r ". r. r r r ". r. r r r ". r. r r r ". r. r r r ". r. r r r ". r. r r r ". r. r r r ". r. r r r ". r. r r r ". r. >:... : »., , Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y,.>., Y ,. >.,Y,. >.,Y,. >.,Y,. >.,Y,. >.,Y, . >.,Y, . >.,Y, . >.,Y, . >.,Y „�, f f' f' f f f' f' f f f' f' f f f' f' f f f' f' f f f' f' f f f' f' f f f' f' f f f' f' f f f' f' f f f' f' f f f' f' f f f' f' f f f' f' f f .,�f'rS / J iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ✓S. funds added to promote coalition collaboration activities within their jurisdition to increase child immunization rates. Financial status reports are due: 12/30/2011, 03/30/2012, 07/02/2012, 10/30/2012 AGENDA MEMORANDUM Future Item for the City Council Meeting of Sep. 11, 2012 Action Item for the City Council Meeting of Sep. 18, 2012 DATE: August 23, 2012 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826 -3932 Acceptance of a grant from the Coastal Bend Regional Advisory Council in the amount of $20,000 to support the WebEOC. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Council in the amount of $20,000 for the benefit of the City's WebEOC operations; and appropriating $20,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grants Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. PURPOSE: The grant will be used to support the WebEOC. BACKGROUND AND FINDINGS: The Coastal Bend Regional Advisory Council (RAC) has forwarded to the City a check as a grant in the amount of $20,000. This is a direct grant for the benefit of the City's WebEOC operations. No application was required. The Office of Emergency Management (EOC) will use the funds to purchase equipment, technical support and training. This is the twelfth year that the Regional Advisory Council has distributed similar grants to the Corpus Christi Fire Department. These funds originate from the Texas Department of State Health Services and are routed to the Regional Advisory Council for distribution. ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Resolution and Ordinance to accept and appropriate grant funds. EMERGENCY /NON- EMERGENCY: Staff is requesting a non - emergency reading to this routine, non - controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT: Operating Expense Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item $20,000 $20,000 BALANCE $20,000 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance 2) Award Letter Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $20,000 for the benefit of the City's WebEOC operations; and appropriating $20,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grants Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from a grant from the Coastal Bend Regional Advisory Council in the amount of $20,000 for the benefit of the City's WebEOC operations. SECTION 2. That $20,000 is appropriated in the No. 1062 Fire Grants Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012 by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr Mark Scott Priscilla G. Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor PO Box 18460 Corpus Christi TX 78480 (361) 939.7177 (361) 939••7117 fax ebraqiybizstx.rr.coin February 29th, 2012 Fire Chief Robert Rocha City of Corpus Christi 2406 Leopard Corpus Christi TX Dear Chief Rocha, Please find enclosed check 2315 in the amount of $20,000 from the Coastal Bend Regional Advisory Council as continued support of the City's WEBEOC project. If you have any questions please do not hesitate to call. Rick Adams Executive Director CBRAC TSA -U 361 -939 -7177 office 361- 939 -7117 fax C.B.R.A.C, is a non -profit 501(c)(3) Corporation with an office at 1201 Laguna Shores, Corpus Christi TX 78418 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2012 Action Item for the City Council Meeting of September 18, 2012 DATE: TO: August 8, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Valerie Gray, P.E., Director of Streets and Storm Water Services Vgray@cctexas.com (361) 826 -1875 Ordinance Appropriating Funds for Emergency Repairs Ocean Drive at Elizabeth Street CAPTION: Ordinance appropriating $553,839.90 from the Unreserved Fund Balance in No. 1020 General Fund and transferring and appropriating into Street CIP Fund 3530 for the Emergency Repair - Ocean Drive at Elizabeth Street Pavement Repair project; amending FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E11088 Ocean Drive at Elizabeth Street; increasing revenues and expenditures in the amount of $553,839.90; changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase expenditures by $553,839.90. PURPOSE: The purpose of this Agenda Item is to appropriate adequate funds to pay for the short and intermediate -term repairs required at Ocean Drive and Elizabeth Street. BACKGROUND AND FINDINGS: On August 29, 2011, the City Council was notified of a Request for Waiver to Authorize Emergency Repair at Ocean Drive and Elizabeth Street to address pavement distress and road side slope stability in the vicinity of the Elizabeth Street intersection. The City Engineering and Street departments had been monitoring this area for some time. Longitudinal cracking in the northbound outside travel lanes of Ocean Drive and failing sidewalk prompted the City to request further subsurface soil and pavement laboratory testing to assess the condition of the area. On Friday, August 26, 2011, Rock Engineering and Testing Laboratories delivered a report to the City Engineering Department which confirmed a change in roadway elevation and determined the safety factor for the slope stability adjacent to the street at this location to be at an unacceptable level. The report concluded that remedial measures were recommended before slope stabilization further decreases. The Emergency Wavier was approved on August 29tH and the City immediately contracted with Freese and Nichols, Inc. to further monitor the area and develop short and intermediate repair recommendations, and long range plans to alleviate the situation and protect public safety and property. From August 2011 through February 2012, the consultant team of Freese and Nichols and Rock Engineering and Testing Laboratories Inc. closely monitored the pavement distress and side - slope stability. In November 2011, the consultant team provided short -term repair recommendations and construction documents. In November 2011, the City contracted with Grace Paving to perform emergency short -term pavement repairs in two locations. In January 2012, the consultant team provided intermediate -term recommendations and construction documents. During February through May 2012, the City negotiated and issued a change order to a contractor currently working in the Cole Park area; Safe -Net Services, LLC. Intermediate -term construction began in June 2012 on the side -slope along Ocean Drive near Cole Park and is now complete. Adjacent intermediate -term street repairs on Ocean Drive near Elizabeth Street and Cole Park are anticipated to begin in September 2012. Ongoing coordination between City Staff and "Conquer the Coast 2012" is underway to ensure planned construction is properly coordinated and scheduled to accommodate this community event. In addition, the consultant team provided a summary report outlining long -term repair considerations. These recommendations have been packaged and included in Bond 2012 Proposition No. 1: Street Projects (Sequence No. 4: Ocean Drive from Buford Street to Louisiana Avenue). ALTERNATIVES: 1. Do not approve the General Fund appropriation. The project will then need to be paid from Bond 2004 or Bond 2008 proceeds. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This conforms to City Charter and the Local Government Code for Emergency Procurement and City Policy for appropriation of funds. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Engineering Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 553,839.90 553,839.90 Encumbered / Expended Amount 323,508.83 323,508.83 This item 223,622.40 223,622.40 Future Anticipated Expenditures 6,708.67 6,708.67 BALANCE - 323,508.83 230,331.07 0 Fund(s): General Fund Reserves RECOMMENDATION: City staff recommends the Ordinance be approved to comply with the funding instructions listed in the Waiver to Authorize Emergency Repair. (Attached) LIST OF SUPPORTING DOCUMENTS: Ordinance Request for Waiver to Authorize Emergency Repair Location Map Page 1 of 2 Ordinance appropriating $553,839.90 from the Unreserved Fund Balance in No. 1020 General Fund and transferring and appropriating into Street CIP Fund 3530 for the Emergency Repair - Ocean Drive at Elizabeth Street Pavement Repair project; changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E11088 Ocean Drive at Elizabeth Street and to increase revenues and expenditures in the amount of $553,839.90;changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase expenditures by $553,839.90. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $553,839.90 from the Unreserved Fund Balance in No. 1020 General Fund is appropriated and transferred and appropriating into the No. 3530 Street CIP Fund for the Emergency Repair at Ocean Drive and Elizabeth Street. SECTION 2. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is changed to add the Emergency Repair at Ocean Drive and Elizabeth Street Project No. E11088. SECTION 3. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is changed to increase revenues and expenditures in the amount of $553,839.90. SECTION 4. The FY 2013 Operating Budget adopted by Ordinance No. 029577 is changed to increase expenditures by $553,839.90. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 001 2 2 Ordinance - Ocean Drive Joe Adame Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kelly Allen Mark Scott Priscilla G. Leal The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kelly Allen Mark Scott Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary 001 2 2 Ordinance - Ocean Drive Joe Adame Mayor Enginieering Services Memo TO: Ronald L. Olson, City Manager THRU: Juan Pere les, Jr. P.E,. Assistant City Manager FROM: Pete Anaya, P E. Director of Engineering ServiceS SUBJECT: Request for Waiver to Authorize Emergency Repair Ocean Drive at Elizabeth — Pavement Assessment Declaration of Emergency DATE: August 29, 2011 SUMMARY: A dip in the street pavement exists on Ocean Drive in the vicinity of the Elizabeth Street intersection. The City Engineering and Street departments have been monitoring this area for the past year. Recent longitudinal cracking in the northbound outside travel lanes and sidewalk prompted the City to request further subsurface soil and pavement laboratory testing to assess the current condition of the area. On Friday, August 26, 2011, Rock Engineering and Testing Laboratories delivered a report to the City Engineering Department which confirmed a change in roadway elevation and determined the safety factor for the slope adjacent to the street at this location is al an unacceptable level. The report concluded remedial measures need to be performed before slope stabilization further decreases. A rain event could further reduce the slope stability safety factor and pose a greater risk of property damage and public safety. ACTIONS TAKEN: 1. Freese and Nichols, Inc. was immediately contacted Friday afternoon to develop a more detailed monitoring plan and develop short and long term improvements to prevent further slope stabilization issues in the area. FUTURE ACTJONS: 1. Use of an external contractor may be necessary to complete corrective actions to permanently address the situation on a time and materials cost basis. Pap 1 o12 CONTRACT AUTHORITY: The City Manager is authorized to approve contracts in excess of $50,000 by Charter Art. X, Sec.2(a) in case of an emergency, but such action must be reported to the Council. Additionally, the Local Government Code 252.022(a) exempts this repair from State competitive bid requirements because it is necessary to; 1. preserve the property of the municipality; 2 preserve or protect the public health or safely of the municipality's residents: and 3. is due to unforeseen damage to public machinery, equipment or other property. FUNDING: The cost of the repairs is unknown at this time. The repairs will be funded through either General or Debt Fund Reserves. RECOMMENDATION: It is recommended that: 1. staff be authorized to administratively issue a notice to proceed with the repairs: and 2. an emergency be declared to preserve the property of the municipality, protect the public health or safety of the municipality's residents, and that the procurement is necessary because of unforeseen damage to public machinery, equipment, or property. CONCUR: R. J y "eining First Assistant ity Attorney APPROVE Date Ron 19F Olson City Manager P,.te2o12 go \Mproject\councilexhibits\exhe 1 1088dwg PROJECT LOCATION CORPUS C31-R.LS`rI RA W PDINT! LOCATION MAP NOT TO SCALE PROJECT #E11088 EMERGENCY REPAIRS OCEAN DRIVE TO ELIZABETH STREET CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 AGENDA MEMORANDUM Future Item for the City Council Meeting September 11, 2012 Action Item for the City Council Meeting of September 18, 2012 DATE: August 10, 2012 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Mohammad Rezaei (Case No. 0712 -04) Change from "RM -1" Multifamily 1 District to "RS -6" Single - Family 6 District Property Address: 2302 Flour Bluff Drive CAPTION: PUBLIC HEARING — ZONING Case No. 0712 -04 Mohammad Rezaei: A change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single - Family 6 District, resulting in a change of future land use from commercial and medium density residential to low density residential. The property to be rezoned is described as being 8.943 acres out of the North one -half (%2) of Lot 17, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Purdue Road and Flour Bluff Drive. PURPOSE: The purpose of this item is to change the zoning district on the subject property from a Multifamily district to a Single - Family district in order to develop a single - family residential neighborhood. RECOMMENDATION: Planning Commission and Staff Recommendation (July 18, 2012): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single - Family 6 District. BACKGROUND AND FINDINGS: The applicant plans to construct a single - family residential subdivision. The subdivision would consist of 38 to 43 lots with minimum lot sizes of 6,000 square feet. Construction is expected to be completed in one phase. The applicant is requesting the change of zoning so that the subdivision can be designed in accordance with the lot dimensions and infrastructure requirements of the typical single - family subdivision. Located to the north & east of the subject property are single - family neighborhoods in the "RS -6" District. To the south and west of the property are vacant lots zoned for multifamily and commercial uses respectively. The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). ALTERNATIVES: 1. Approve an intermediate zoning classification and /or Special Permit; or 2. Deny the rezoning request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is partially consistent with the adopted Future Land Use Plan, and would allow for a development compatible with the surrounding area. The rezoning would contribute to the availability of housing and would be consistent with adjacent zoning districts. EMERGENCY / NON - EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs." This is a routine, non - controversial item. DEPARTMENTAL CLEARANCES: Planning, Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: 1. Aerial Overview Map 2. Zoning Report with Attachments 3. Ordinance with Exhibit(s) s NV1 ZONING REPORT No.: 0712 -04 HTE No. 12- 10000021 Planning Commission Hearing Date: July 18, 2012 Applicant & Legal Description Applicant /Owner: Mohammad Rezaei Representative: Mohammad Rezaei Legal Description /Location: Being 8.943 acres out of the North one -half (%2) of Lot 17, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Purdue Road and Flour Bluff Drive. Zoning Request From: "RM -1" Multifamily 1 District To: "RS -6" Single - Family 6 District Area: 8.943 acres Purpose of Request: To allow for the development of a single - family subdivision that meets the typical lot dimensions of a single - family zoning district. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 Vacant Commercial & Medium Density Residential North "RS -6" Single - Family 6 Low Density Residential Low Density Residential South "RM -1" Multifamily 1 Vacant Low Density Residential East "RS -6" Single Family 6 Low Density Residential Low Density Residential West "CG -2" General Commercial Agricultural Commercial & Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located in the Flour Bluff Area Development Plan (ADP) and is planned for commercial and medium - density residential uses. The proposed change of zoning to the "RS -6" Single - Family 6 District is partially consistent with the adopted Future Land Use Plan in that medium - density residential zoning permits single - family development. Map No.: 037030 Zoning Violations: None Transport -ation Transportation and Circulation: The subject property has 618 feet of frontage along the east side Flour Bluff Drive, an "Al" Minor Arterial Undivided Street, and has 610 feet of frontage along the south side of Purdue Road, which is a proposed "Cl" Minor Residential Collector. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Flour Bluff Dr. "Al" Minor Arterial Undivided 95' ROW, 64' paved 66' ROW, 25' paved' Not Available Rd. "Cl" Minor Residential Collector 60' ROW, 40' paved 40' ROW, 40' paved' Not Available Zoning Report Case #0712 -04 Mohammed Rezaei Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single - Family 6 District to allow for the development of a single - family subdivision. A single - family subdivision is an allowed use in the existing "RM -1" Multifamily 1 District, but the minimum side yard setback in the "RM -1" District is 10 feet, which does not meet the developer's needs. Additionally, development within a multifamily zoning district requires construction of larger utility lines and street widths than a single - family zoning district would require. Rezoning allows the developer to follow the design and infrastructure regulations of a typical low- density residential development. Applicant's Development Plan: The applicant plans on developing the vacant land with a single - family subdivision. The subdivision will consist of 38 -43 lots with a minimum lot size of 6,000 square feet. The construction of the subdivision is planned for completion in one phase. Existing Land Uses & Zoning: Located to the north & east of the subject property are single - family neighborhoods in the "RS -6" District. To the south and west of the property are vacant lots zoned for multifamily and commercial uses respectively. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is partially consistent with the adopted Future Land Use Plan, but would be a compatible development with the surrounding areas. The rezoning would also contribute to the availability of housing and would be consistent with the zoning districts to the north and east. Plat Status: The subject property is not currently platted. Department Comments: • The change of zoning to the "RS -6" District would be consistent with the zoning districts to the north and east. • Rezoning to the single - family district would prevent future multifamily uses from developing within the proposed single - family development without a rezoning. • The existing "RM -1" District would burden the developer with unnecessary costs for upsized infrastructure, such as an eight -inch rather than six -inch water line, 60 -foot wide streets rather than 50 -foot wide streets and other more stringent requirements. Planninq Commission and Staff Recommendation (July 18, 2012): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single - Family 6 District. c) a Notification Number of Notices Mailed — 49 within 200' notification area; 2 outside notification area As of August 15, 2012: In Favor In Opposition For 1.18% in opposition. — 2 (inside notification area); 0 (outside notification area) — 2 (inside notification area); 0 (outside notification area) Attachments: 1. Site Map (Existing Zoning & Notice Area) K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \0712 -04 Mohammed Rezaei \0712 -04 Report, Mohammad Rezaei,Draft for CC 8- 14- 12.docx S=4! 5 QREL INE OAKS NJT 1 8 SUBJECT PROPERTY CG _2 7 FLOUR HEI 4-ITS 6 R M NIT RSn 2' z r Date Created: 6125 /2012 Prepare?By., jeremym Departmen4of DevelopmentServices CASE: 0712 -04 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY' Del Oso LOCATION MAP Ordinance amending the Unified Development Code ( "UDC ") upon application by Mohammad Rezaei ( "Owner "), by changing the UDC Zoning Map in reference to 8.943 acres out of the North one -half (1/2) of Lot 17, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM -1" Multifamily 1 District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Mohammad Rezaei ( "Owner"), for an amendment to the City of Corpus Christi's UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 18, 2012, during a meeting of the Planning Commission, and on Tuesday, September 18, 2012, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on 8.943 acres out of the North one -half (1/2) of Lot 17, Section 49, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located on the southeast corner of Purdue Road and Flour Bluff Drive, from the "RM -1" Multifamily 1 District to the "RS -6" Single - Family 6 District (Zoning Map No. 037030). Exhibit "A," which is a description of the Property, and Exhibit "B," which is a survey of the Property, are both attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect the changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. Upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Page 2 of 3 K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \0712 -04 Mohammed Rezaei \Council Packet \0712 -04 Ordinance Rezaei FINAL 8- 20- 12.docx Corpus Christi, Texas day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL: Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Joe Adame Mayor Page 3 of 3 K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \0712 -04 Mohammed Rezaei \Council Packet \0712 -04 Ordinance Rezaei FINAL 8- 20- 12.docx Escrow Pile No.: 05122306 EXHIBIT "A" All that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being the North 1/2 of Lot 17, Section 49, Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41-43 of the Map Records of Nneces County, Texas, same being the property as conveyed and described in Volume 1050, Page 621 of the Deed Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to-wit: BEGINNING at a 518 inch iron rod found for the East corner of this tract, same being the North corner of Retta Place Unit 1 as recorded in Volume 47, Pages 35-36 of the Map Records of Nueces County, Texas, same lying in the Southwest right-of-way margin of Purdue Road; THENCE, along the Northwest boundary line of said Retta Place Unit 1, South 29° 02' 26" West 628.85 feet to a 60d nail found for the South corner of Ibis tract, same being the East corner of a 1.747 acre tract as recorded in Document No. 2003017306 of the Warranty Deed Records of Nueces County, Texas, same lying in the Northwest boundary line of Lot 13, Block 3 of said Retta Place Unit 1; 'l.'klL+'NCE, along the Southwest boundary line of this tract and the Northeast.boundary line of said 1.747 acre tract, passing through a 5/8 inch iron rod found. at 0.44 feet, at 212.90 feet passing through the North corner of said 1.747 acre tract and the East corner of a 1,821 acre tract as recorded in Document No. 2003017304 of the Warranty Deed Records of Nueces County, Texas, a total distance of 619.56 feet to a 518 inch iron rod found for the West corner of this tract, same being the North corner of said 1.8221 acre tract, same lying in the Southeast right-of-way margin of Flour Bluff Drive; THENCE, along said Southeast right -of-way margin of Flour Bluff Drive, North 29° 00' 03" East 618.27 feet to a 5/8 inch iron rod set for the Northwest corner of this tract, same being the point of curvature of a ten foot radius curve at the intersection of said Flour Bluff Drive with said Purdue Road ;. THENCE, along said curve to the right with a ten foot radius, a central angle of 90° 00' 00 ", a tangent of 10.00 feet, a length of arc of 15.71 feet and a chord bearing and length of North 74° 00' 00" East 14.14 feet to a 518 inch iron rod set for the point of tangency of said curve, same being the Northeast corner of this tract, same lying in said Southwest right-of- way margin of Purdue Road; THENCE, along said Southwest right -of -way margin of Purdue Road, South 61° 00' 00" East 610.00 feet to the point of beginning and containing 8.943 acres of land. NOTE: Company is prohibited from insuring the area or quantity of the land described herein. Therefore, Company does not represent that the acreage or square footage calculations are correct References to quantity are for informational purposes only. Exhibit A PtY optArfrEsEwER '-‘°) 6 WATER VALE , c". HYDRANT \ ISLET wteMTOEE POWER POLE (TTP.)." FLOUR BLUFF DRIVE (80' ROW) EXHIBIT B PURDUE ROAD (60' ROW) ([S61 °00'00"E 610.00']) 0 rezSEWER FIRE HYDRANT SET 5/8, I.R. (7, ss.140PeR". 8.943 ACRES OF LOT 17, SECTION 49 N60°56'52''W 619.67' (N60°56'47"W 619.56' 1.621 ACRES OF S 1/2 OF LOT 17 000.# 2003017304 (W.D.R.N.C.) NOTES: (1.) Found 50 I.R. @ all lot corners unless noted otherwise. (2.) House Ties are to the foundation. I, Ronald A. Voss, a Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property shown hereon under my direction and supervision; that It is my knowledge and belief; that them are no apparent encroachments or overlapping of improvements with the deed lines except as shown hereon. This Survey was performed without the benefit of a Title Policy or Title Opinion. NOTE: THIS SURVEY IS FOR THE SOLE USE OF THE BUYER, TITLE COMPANY, OR MORTGAGE COMPANY IN THIS TRANSACTION ONLY. NO LICENSE HAS BEEN CREATED, EXPRESSED OR IMPLIED, TO COPY THE SURVEY, WHICH IS VOID AFTER SIX MONTHS FROM THE DATE OF THIS SURVEY. BUYER: FT. 6D0 NAIL WOO 5/8" I.R. N 0.14 NW 1.747 ACRES OF S 1/2 OF LOT 17 DOC.# 2003017306 STORM ar HOLE 0.. This property lies within Zone C, according to FIRM 85, which is /'* ' * ' 7;;;;;: .. not within the 100 year Flood Plain, • NOT VALID WITHOUT ORIGINAL SIGNATURE AND ORIGINAL SEAL. Registered Professional Land Surveyor State of Texas No. 2293 DATE: 05/10/2012 REVISION: 06/27/2012 CREW: RS & DL OFFICE: RV & MM GF#: JOB#: 12-7462 8.943 AC., The N.E. 1/2 of Lot 17, Section 49, Flour Bluff & Encinal Farm & Garden Tracts Volume A, Pages 41-43 (M.R.N.C.T.) Corpus Christi, Nueces County, Texas KEY: WOOD FENCE [RECORDED] WIRE FENCE (MEASURED) VINYL FENCE VOSS ENGINEERING, INC. ENGINEERING & LAND SURVEYING 6838 GREENWOOD DRIVE, CORPUS CHRISTI, TEXAS 78415 PHONE: 361.854.6202 FAX: 361.853.4696 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2012 Action Item for the City Council Meeting of September 18, 2012 DATE: August 14, 2012 TO: FROM: Ronald L. Olson, City Manager Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Steven Bright (Case No. 0812 -01) Change from "RS -6" Single - Family 6 District to "CR -2" Resort Commercial District Property Address: 14101 Commodores Drive CAPTION: PUBLIC HEARING — ZONING Case No. 0812 -01 Steven Bright: A change of zoning from the "RS -6" Single - Family 6 District to the "CR -2" Resort Commercial District, resulting in a change of future land use from low density residential to commercial. The property to be rezoned is described as Island Fairway Estates, Block 34, Lot 21, located along the southwest corner of Commodore's Drive and Aquarius Street. PURPOSE: The purpose of this item is to rezone the subject property from the "RS -6" Single - Family 6 District to the "CR -2" General Commercial District to allow for the development of multifamily and /or commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (August 1, 2012): Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "CR -2" Resort Commercial District and, in lieu thereof, approval of the "RM -AT" Multifamily AT District. BACKGROUND AND FINDINGS: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "CR -2" Resort Commercial District to allow for future development of commercial and /or multifamily uses. The subject property is adjacent to the proposed Schlitterbahn Water Park, which was recently rezoned to the "CR -2" District. Located to the north of the subject property is an undeveloped single - family subdivision and a fire station, which are in the "RS -6" Single - Family 6 District. To the east and northeast are multifamily developments (The Marquesas Townhomes and Fairway Estates Condominiums) zoned the "RM -3" Multifamily 3 District. To the south and west is vacant land and the Padre Isles Golf Course, which were rezoned to the "CR -2" Resort Commercial District for the proposed Schlitterbahn Water Park. Staff recommends a lower intensity zoning district such as the "RM -AT" Multifamily AT District in order to accommodate tourist uses while providing a better transition from the high- intensity commercial district to the south and the proposed single - family subdivision to the north. The "RM -AT" District would better protect the proposed single - family subdivision by prohibiting bars, vehicle repair and other high- intensity uses allowed in the "CR -2" District. The "RM -AT" Multifamily AT District would be compatible with the proposed Schlitterbahn Water Park to the south and would be consistent with the condominiums and townhomes already developed on Commodore's Drive, which are zoned "RM -3" Multifamily 3 District. The applicant is in agreement with Staff's recommendation. ALTERNATIVES: 1. Approve an intermediate zoning classification and /or Special Permit; 2. Approve the applicant's original request of the "CR -2" Resort Commercial District; or 3. Deny the rezoning request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is not consistent with the adopted Future Land Use Map, but it is consistent with aspects of the Mustang -Padre Island Area Development Plan and the Comprehensive Plan. EMERGENCY / NON - EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs." This is a routine, non - controversial item. DEPARTMENTAL CLEARANCES: Planning, Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: 1. Aerial Overview Map 2. Zoning Report with Attachments 3. Ordinance with Exhibit HMV* ZONING REPORT No.: 0812 -01 HTE No. 12- 10000023 Planning Commission Hearing Date: August 1, 2012 Applicant & Legal Description Applicant /Owner: Steven Bright / Calvin F. Bright Representative: Urban Engineering Legal Description /Location: Island Fairway Estates, Block 34, Lot 21, located along the southwest corner of Commodore's Drive and Aquarius Street. Zoning Request From: "RS -6" Single - Family 6 District To: "CR -2" Resort Commercial District Area: 1.18 acres Purpose of Request: To allow for future development of commercial uses. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family 6 Vacant Low Density Residential North "RS -6" Single - Family 6 Vacant & Public Semi - Public Low Density Residential & Park South "CR -2" Resort Commercial Park Commercial East "RM -3" Multifamily 3 Vacant Low Density Residential West "CR -2" Resort Commercial Vacant & Park Commercial & Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located in the Mustang -Padre Island Area Development Plan (ADP) and is planned for future low density residential uses. The proposed change of zoning to the "CR -2" Resort Commercial District is not consistent with the adopted Future Land Use Plan. Map No.: 029027 and 030027 Zoning Violations: None Transport -ation Transportation and Circulation: The subject property has 295 feet of frontage along the south side of Aquarius Street, which is a "C1" Minor Residential Collector Street, and has 120 feet of frontage along the west side of Commodore's Drive, which is a "C1" Minor Residential Collector Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Commodore's Dr. "C1" Minor Residential Collector 60' ROW, 40' paved 120' ROW, 100' paved Not Available Aquarius St. "C1" Minor Residential Collector 60' ROW, 40' paved 60' ROW, 40' paved' Not Available Zoning Report Case #0812 -01 Steven Bright Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "CR -2" Resort Commercial District to allow for future development of commercial uses. The subject property is adjacent to the proposed Schlitterbahn Water Park, which was recently rezoned to the "CR -2" District. Applicant's Development Plan: At this time the applicant does not have a specific development plan for the subject property. Existing Land Uses & Zoning: Located to the north of the subject property is an undeveloped single - family subdivision and a fire station zoned "RS -6" Single Family District. Located to the northeast of the subject property is a 38 -unit townhouse development (The Marquesas). To the west of the subject property is vacant land and the Padre Isles Golf Course zoned "CR -2" Resort Commercial District. The golf course is also located to the south of the subject property and was recently rezoned to the "CR -2" District to allow for the proposed Schlitterbahn Water Park and associated developments. To the east of the subject property is a vacant lot and a condominium building zoned "RM -3" Multifamily 3 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is not consistent with the adopted Future Land Use Plan, which slates the subject property for low- density residential uses. With the rezoning and proposed development of the Schlitterbahn Water Park and associated tourist uses, rezoning the subject property to a multifamily district would be a more appropriate land use than single - family residential. Additionally, the following pertinent elements of the Comprehensive Plan and Mustang -Padre Island Area Development Plan (ADP) should be considered: • Tourist - oriented businesses and developments should be encouraged, such as hotels. (ADP Land Use Policy B.2) • Protect residential neighborhoods from the encroachment of nonresidential uses unless the negative effects of the nonresidential uses are significantly mitigated. (ADP Land Use Policy B.13) • Infill development within developed areas should be encouraged. (Residential Land Use Policy H) • High- density residential development should be located with direct access to an arterial street. (Residential Land Use Policy E) • Expansion of commercial uses into residential areas may be permitted only if the expansion maintains or improves the residential desirability of the impacted neighborhood. (Commercial Land Use Policy D) • Commercial uses adjacent to existing or proposed residential areas should be buffered. Traffic from commercial areas should be routed away from residential areas. (Residential Land Use Policy C) Transportation: The subject property has frontage on Commodore's Drive and Aquarius Street, which are both designated as "C1" Minor Residential Collector streets in the Urban Transportation Plan with 60 feet of right -of -way (ROW). High- intensity commercial and high - density residential uses should have direct access to arterial -type streets, which range from 95 to 130 feet of ROW. Commodore's Drive has 120 feet of existing ROW and 100 feet of paving. Although Commodore's Drive is designated as a "C1" Minor Residential Collector street, it is Zoning Report Case # 0812 -01 Steven Bright Page 3 functions more like a "C2" Secondary Collector with its increased ROW and paved width, which is appropriate for apartment uses. Plat Status: The subject property is platted. Department Comments: • Rather than the "CR -2" Resort Commercial District, which allows uses such as retail, restaurants, bars, and vehicle service, staff recommends a lower intensity zoning district such as the "RM -AT" Multifamily AT (Apartment Tourist) District to accommodate hotels and high- density residential uses in the Mustang -Padre Island area while at the same time providing a better transition between the high- intensity "CR -2" Resort Commercial District to the south and the proposed single - family subdivision to the north. • Although the change of zoning to the "RM -AT" Multifamily AT District or the "CR -2" District would not be consistent with the future land use plan, the rezoning would be compatible with the "CR -2" District to the south and west. • Rezoning the subject property to a multifamily district would also be consistent with the existing multifamily developments to the east (Fairway Villa Condominiums) and to the northeast (The Marquesa Townhomes), which are zoned "RM -3" Multifamily 3 District. Planning Commission and Staff Recommendation (August 1, 2012): Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "CR -2" Resort Commercial District and, in lieu thereof, approval of the "RM -AT" Multifamily AT District. c) a Notification Number of Notices Mailed — 15 within 200' notification area; 4 outside notification area As of August 10, 2012: In Favor In Opposition For 0.145% in opposition. — 0 (inside notification area); 0 (outside notification area) — 1 (inside notification area); 0 (outside notification area) Attachments: 1. Site Map (Existing Zoning & Notice Area) 2. Map of Aquarius Street Relocation K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \0812 -01 Steven Bright \0812-01 Report for CC Bright (8- 5- 12).docx 06 x33304455� 0 0 r301 X07 03 6 305 4 0� Rio 111 3o Q ,21111 E to Q M- 3 `10- 1A 110iO3_J `lae� 13 CKf3ER WAY ESTAT SUBJECT PROPERTY Date Created: 7/13/2012 iFeet Prepared By: jeremym Department of Development Services CASE: 0812 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY; WHITECAP LOCATION MAP Urban 'v'rzinsportation Plan - rrius Street Reali anent Portions of Aquarius t }' St. to be deleted from the Plan Commodores Drive Park Road 22 /SPID Ordinance amending the Unified Development Code ( "UDC ") upon application by Steven Bright, on behalf of Calvin F. Bright ( "Owner "), by changing the UDC Zoning Map in reference to Island Fairway Estates, Block 34, Lot 21 from the "RS -6" Single - Family 6 District to the "RM -AT" Multifamily AT District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Steven Bright, on behalf of Calvin F. Bright ( "Owner"), for an amendment to the City of Corpus Christi's UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 1, 2012, during a meeting of the Planning Commission, and on Tuesday, September 18, 2012, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Island Fairway Estates, Block 34, Lot 21 (the "Property "), located along the southwest corner of Commodore's Drive and Aquarius Street, from the "RS -6" Single - Family 6 District to the "RM -AT" Multifamily AT District (Zoning Map Nos. 029027 and 030027). Exhibit "A," which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect the changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. Upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Page 2 of 3 K: \DevelopmentSvcs \SHARED\ZONING CASES \2012 \0812 -01 Steven Bright \Council Packet \0812 -01 Ordinance, Bright, RM -AT (8- 20- 12).docx Corpus Christi, Texas day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL: Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Joe Adame Mayor Page 3 of 3 K: \DevelopmentSvcs \SHARED\ZONING CASES \2012 \0812 -01 Steven Bright \Council Packet \0812 -01 Ordinance, Bright, RM -AT (8- 20- 12).docx 5 1017 � "1 0 7t1 0 p 7 Co 36 0 73 R‘ o 73 6 5 T E MAR °r1) If i • RS- 10 F306 I —30 HH 7A 13P NNACKf3ER CONDO �203J 20 UESAS TO WN' F41JVIES Z 30 PoMi3m, �o—� 104JIA 903_1 '`1AIJ 7 HOgES s O 4 3 CON ®O RM -AT MARINERS 2 1 CAY IS2bAND FA RWAY ESTAT / �Qr• 22 11° AAIRWAY LLLA 23 FSTS' & CONDCONDO 400 CASE: 0812 -01 1. SUBJECT PROPERTY Subject Property Exhibit A 800 Feet SUBJECT PROPERTY Date Created: 7/13/2012 Prepared By: jeremym Department of Development Services SUBJECT PROPERTY\ LOCATION MAP WHITECAP e G Kgd AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2012 Action Item for the City Council Meeting of September 18, 2012 DATE: September 17, 201 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com; (361) 826 -3464 Approval of Construction Contract for Downtown Streets (Chaparral) (Bond 2008) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $4,819,070.00 for the Downtown Streets - Chaparral Project for the Base Bid; authorizing the removal of the catenary poles, specialized street lights and paver covers at utility cleanouts from the Base Bid. (Bond 2008) PURPOSE: To award a construction contract for the Downtown Streets (Chaparral) Project as per City Council directive of August 28, 2012. BACKGROUND AND FINDINGS: On August 28„ 2012, staff made a presentation to Council on the Downtown Streets — Chaparral project which included a list of seven options that proposed to: • Award the Base Bid and none or some combination of additive alternates, • Award the Base Bid with direction to Value Engineer items to reduce costs, or • Reject bids and re- design to bring in line with the approved budget. The Council instructed staff to come back the following meeting utilizing the Proposed Option 5 which would award the Base Bid minus: • Specialized poles at intersections for future catenary lighting (to be replaced with standard traffic poles) • Specialized poles for non - standard street light fixtures (to be replaced with standard AEP poles) C: \Program Files \Granicus \Legistar5 \Packet \1002City Council 9 18 2012 \OO15lMemo - Downtown Streets.docx • Non - standard street light fixtures (to be replaced with standard AEP fixtures), and • Paver covers at utility clean outs (utility covers at utility meters and vaults to remain) The remaining base bid items will include: • Pavers along widened sidewalks, bollard at intersections, • Pavers in roadway intersection only (concrete between intersections), • Utility improvements including water, wastewater, storm water, gas and MIS, • Street furnishings to include parking meters and Vehicular Directional Signs, • Paver covers for utility meters, • Planting and irrigation, • Power outlets for trees, and • Traffic signals Upon award of the construction contract base bid in the amount of $4,819,070.00, staff will value engineer the project with the contractor to remove the items as instructed by City Council. These changes will only affect cosmetic features of the project while the proposed replacements will keep the integrity of the original project at a reduced cost. On May 30, 2012, the City received proposals from two (2) bidders and their proposals are as follows Description Reytec Construction Resources, Inc. Texas Sterling Construction Co. TOTAL BASE BID $4,819,070.00 $4,990,408.00 ALTERNATE NO. 1 $738,056.00 $645,572.00 ALTERNATE NO. 2 $1,310,852.00 $1,114,764.00 ALTERNATE NO. 3 $208,740.00 $211,225.00 ALTERNATE NO. 4 $74,700.00 $27,450.00 ALTERNATE NO. 5 No Bid $320,000.00 Total Base Bid $4,819,070.00 $4,990,408.00 ALTERNATIVES: Alternatives were discussed at the August 28, 2012 City Council meeting and staff is proceeding as directed. OTHER CONSIDERATIONS: None C: \Program Files \Granicus \Legistar5 \Packet \1002_City Council 9 _ 18_ 2012 \OO15_l_Memo - Downtown Streets.docx CONFORMITY TO CITY POLICY: Conforms to statues regarding bid process; Bond Issue 2008; and FY 2012 -2013 Capital Improvement Program. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Streets FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 965,200.00 2,534,800.00 3,500,000.00 Encumbered / Expended Amount 965,200.00 965,200.00 * This item 3,925,000.00 3,925,000.00 Future Project Expenses 768,613.00 768,613.00 BALANCE 0.00 (2,158,813.00) (2,158,813.00) Fund(s): Streets Bond 2008 and Storm Water, Wastewater and Water CIP. This project is No. ST 27 in the FY2012 -2013 Capital Improvement Program. * After Value Engineering RECOMMENDATION: City Staff recommends executing a Construction Contract with Reytec Construction Resources, Inc. of Houston, Texas $4,819,070.00 for the Downtown Streets - Chaparral Project for the Base Bid. After award of the project, staff will work with the contractor to execute a deductive Change Order for the removal of the catenary poles, specialized street lights and paver covers at utility cleanouts from the Base Bid. Additionally, staff recommends funding the project deficit from Street Bond 2008 project savings. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Powerpoint Presentation of August 28, 2012 C: \Program Files \Granicus \Legistar5 \Packet \1002_City Council 9 _ 18_ 2012 \OO15_l_Memo - Downtown Streets.docx PROJECT BUDGET Downtown Streets - Chaparral Project No. 6506 August 29, 2012 FUNDS AVAILABLE: Street Bond 2008 $2,000,000.00 Storm Water CIP 1,000,000.00 Wastewater CIP 350,000.00 Water CIP 150,000.00 Total $3,500,000.00 FUNDS REQUIRED: Construction (Reytec) After Value Engineering $3,925,000.00 Contingencies (10 %) 392,500.00 Consultant (HDR) 261,250.00 Consultant (Robert Gignac, Landscape Architect) 14,480.00 Consultant (Gignac Architects) 757,883.00 Grant Writer (Sheryl McMillan) 7,150.00 Grant Writer (Ginger Leeds) 7,125.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 127,000.00 Engineering Services (Project Mgt /Const. Mgt /Traffic Mgt/Const Inspct.) 126,800.00 Finance Reimbursement 19,625.00 Misc. (Printing, Advertising, etc.) 20,000.00 TOTAL $5,658,813.00 ESTIMATED PROJECT BUDGET SHORTFALL ($2,158,813.00) (Estimated shortfall to be covered through Bond 2008 Street Program savings.) *Original Construction Contract Awarded February 25, 2010. File : \ Mproject \councilexhibits \exh6510d.dwg of HWY 44 CC ARA >S \ p RR, \ J' LLECTS B�l1J. RD sh CC AGNES CC LS CORPUS CHRISTI INTERNATIONAL AIRPORT McGLOIN RD. L ,s cc O�0 CC CC BEAR cy0 CORPUS CHRISTI B51. PROJECT LOCATION Cci LOCATION MAP NOT TO SCALE OR CA Yi 0 0 0 v TANCAHUA ST LEOPARD ST LIPAN ST NORTH CARANCAHUA S COMMANCHE ST MESTINA ST0 11 0 S7 N TANCAHU PROJECT # 6510 PEOPLES ST PROJECT SITE COOPER NN LLEY • SITE PLAN NOT TO SCALE CHAPARRAL FROM SCHATZELL TO WILLIAMS • DOWNTOWN STREET (CHAPARRAL) BOND ISSUE 2008 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 mprovements CL s V August 28, 2012 1 c O • 2 0 0 V w .■11, 0 mar Award the Base bid and none or some • combination of additives • W W . - O c 0 CtO c U v) L. 0 0 Z73 u -1-1 a) _c V c bp a) a) -a 73 L. i La 0 6 4) -0 ca m co 4) 4-I v) _c L •_ -a -I-I a) La -a (1) 4-I L. c 0 ca • — 4) Q W CC • • approved budget m fr i - -111 4) W W L- i N L 4-I C w W ca te ca Q' ' a-+ co W L C ca W O O Q rilN V V Q co c.V-0 co O4 c vi �' O 03 N -0 L -0 • > C - E x CO O O O O O O . Li) • ro� _c •_ O� O O O CO U> c �= ca O O O N —1 M > -(,/ - L )- -(,/)- -(1)- • -`� .+.) . +� 5 C . N 3 E cam .. • V � � � ; - -0 w .O V +.; 0.. .. m -0 m V) 0 :0 +., 28 C LE c, � 0 O O " O • n (An ca (7) U F- • • • • •- EN w CCI V • w 0 MEW FUNDS AVAILABLE: O O O O O O O O Street Bond 2008 O O O O O O O O Storm Water CIP O O O O O O M O O O O O O Construction (Base Bid) 481,907.00 261,250.00 Consultant (HDR) O O M co co N N O O O N O O L N N N O 4 O LO O O L6 CYC O C)� M tC CD- a) a) L a) J 0 ESTIMATED PROJECT BUDGET SHORTFALL •• •— 1 a) a) J oes V Cr) o 2 a) U cz c N cn C 0) ca O +r ) N V) N O a) N Z a) p o raj u) cLE 73 c U O N •- 0 Ei TO p > N C N U N cm N N +r 4) c a) ._ vi N N O c = O :0 co a) di L_ § N O O a 0) CO > t/) ��•g LL'N OU �O c L L >, L - 4) > > N N > (a (a +r " (a — O 0_ o�(/)V)000 • • • • • • • 0 b LA LA LA c O '47; 0 0 1 0 0 O MEW BASE BID PLUS: Catenary Lighting At Intersections Only • ADDITIVE ALTERNATE 4 • ' "�'; ' � `, °' - :.t °'•: .... v. 4 ,F ::bn_; � cwt' -,' b LA4 -vs). O 0 .. c O • 2 0 0 1 0 0 O L •• l BASE BID PLUS: • ADDITIVE ALTERNATE 2: Catenary Lighting At Intersections & Between Intersections • • • - a BASE BID PLUS: O L • c O m U 06 w c +r O c U ▪ c N a) u � ▪ N — m (o O7 -o J C L co co U 0 N M W w Z Z ww Q - Q ww > >_ 0 0 0 0 Q Q • • N .. • a z 0 Fa w V) m •• •— 0 O L NEW Z_ 0 Fa w V) m • • •• O .+71 0 N 0 O L a NEW Z_ 0 Fa u) m _N O 0_ co _O O -2 0_ co c Q (n ca c U ca o LL N Ct U 0- ca W CD 0_ Q co 2 N � X U) • LL U 0)a •J U co L (▪ 75 LL 0 c/ co L 0 co re • vJ L a--� O ) Z O N N O a) v- L O 0 co 0 U N N L CO N ca U) O) Z 4- O O_ O Q To • • u) L U O 0 O CL O O O O L L OW L5, O b CL 0 O p ...-_, _. .0) -0 N E CL CO C C CO CO To U .7) N • • O L L To w ca Contract Amount *. c 0 0_ Award Base bid and none or some combination of additives: 0) co- 0) L n CO (v) co 10 r Cr) Ef} Option 2: Base Bid Plus Alternate 2 Option 3: Base Bid Plus Alternate 2 + 3 Award Base bid with direction to Value Engineer items to reduce cost: ti r- O 0 CO O EA- Eg 1.753.407 O O O O O O O - Ln O O N tt) N d) LO EaEft Option 4: Base Bid Minus Catenary Poles & Specialized Street Lights Option 5: Option 4 Minus Paver Covers at Utility Cleanouts Option 5 Minus Remainder of Pavers C O Q 0 4--% Cn O U a) U O (n E a) a) O) W 0 (n Q a) (n (Q 72 L w CCI V • w 0 MEW FUNDS AVAILABLE: O O O O O O O O EA- Street Bond 2008 O O O O O O O O Storm Water CIP O O O O O O M O O O O O O Construction (Base Bid) 481,907.00 261,250.00 Consultant (HDR) O O co co N N O O O N O O L N N N O 4 O LO O O O co co CD CD- a) a) L a) ESTIMATED PROJECT BUDGET SHORTFALL AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2012 Action Item for the City Council Meeting of September 18, 2012 DATE: August 31, 2012 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager wesp@cctexas.com 361.826.3082 Review of SMG Response to the City of Corpus Christi Request for Proposal for Management Services for the American Bank Center CAPTION: Motion directing the City Manager or designee to: i) prepare a document analyzing and summarizing the financial and strategic options available to the City for the operation and management of the ABC; (ii) provide recommendations to the City Council related to the operation and management of the American Bank Center; and (iii) conduct time - limited negotiations with SMG for the operation and management of the American Bank Center (ABC). PURPOSE: To present to Council the terms proposed by SMG for management of the American Bank Center and obtain Council's direction. BACKGROUND AND FINDINGS: Since 2003, the operations at the American Bank Center have been managed privately on a contract basis. The facility operations have been managed by SMG, while the food and beverage operations have been managed by Centerplate. In 2009, Council authorized the City Manager to negotiate a new five year agreement with SMG to operate and manage the American Bank Center and to manage the food and beverage agreement with Centerplate. The new agreement required the City to solicit and entertain proposals from private venue management firms to manage and operate the American Bank Center at the end of the third year of the agreement (July 31, 3012). The new agreement also provide the City the option of terminating the agreement, with our without cause, by providing no more than 90 days' notice to SMG without the payment of any penalty or fees. The new agreement was executed on July 21, 2009 with an effective date of August 1, 2009. On May 4, 2012, as required by the management agreement, the City of Corpus Christi released a Request for Proposal (RFP). The initial due date for responses was June 15, 2012. There was only one participant (SMG) in the first pre - proposal conference on May 17, 2012. On May 18, 2012 City Staff was contacted by a second venue management company (Global Spectrum) requesting additional time to conduct the due diligence necessary to respond to the RFP. As a result, the initial RFP deadline was extended to June 29, 2012. The RFP deadline was extended a final time to July 6, 2012 to allow staff the time to finalize response to clarifying questions submitted by the RFP respondents. On July 6, 2012, the City received one response (SMG) to its Request for Proposal for management services at the American Bank Center. Global Spectrum decided not to submit their proposal because of an existing management agreement with Nueces County for the Richard M. Borchard Regional Fairgrounds. The following table compares the existing management agreement with SMG's recent proposal: Deal Point Comparison: Existing Agreement vs. Proposal Existing Proposed Difference Term 5 years (Three years fixed, City option to terminate the agreement, with our without cause, by providing no more than 90 days' notice to SMG without the payment of any penalty or fees. Five (5) years with an option to extend the contract for three additional one (1) year periods at the discretion of the City. The SMG proposal extends the fixed term of the existing agreement from three to five years and offers three one -year extensions. Base Fee SMG: $191,744.73 Centerplate: $78,241.31 Total: *$269,986.73 *FY 2013 only Base management fee is subject to annual increases based on changes in the consumer price index (CPI) $125,000 annually for consolidated management of facility and food & beverage operations; subject to annual increases based on changes in the consumer price index (CPI) For Fiscal Year 2013 the SMG proposal decreases the base management fee approximately $145,000. It is unclear at this time what impact a new agreement might have on the annual operating subsidy. Incentive Fee Arena Incentive Fee: In order to qualify for any incentive payments SMG must achieve both of the following: - Must exceed the approved annual operating budget - Must exceed the current 30% Operating Profit Margin for the Food & Beverage Operation based on current calculation with the existing food service provider If SMG achieves the above two criteria the company will be eligible for an incentive fee based on the following criteria: 1. Financial Incentive Fee (Revenue- Based) [up to 80% of the base The SMG proposal changes the basis of the Arena and Convention Center Incentive Fees from being based solely on financial performance to being based on Financial and Non - Financial measures of performance. The SMG proposal adds a Food and Beverage Incentive Fee that anticipates assuming management of the food and beverage operations. SMG is entitled to an annual Incentive Fee in any year when the Fiscal Year Net Operating Income is equal to or an improvement over the Net Operating Incoming Benchmark that is approved in the Annual Budget. The Incentive Fee is equal to 25% of the amount by which Operating Revenues for the fiscal year exceed the approved Revenue Benchmark. Convention Center Fee: SMG is entitled to an annual Incentive Fee in any year when the Fiscal Year Net Operating Loss An evaluation team made up of Wes Pierson, Assistant City Manager; Mike Barrera, Assistant Director of Financial Services; Priscilla Garza, Accountant; Robert Tamez, Chairman of the Type A Board; and Keith Arnold, CEO of the Corpus Christi Conventions and Visitors Bureau was selected to review and score SMG's proposal (Mr. Arnold was ultimately unable to participate due to travel commitments). The proposal was found to be responsive to the RFP requirements with one discrepancy —the term of the contract in SMG's proposal did not reflect additional information that was provided to them in a later addendum. Attached to this agenda item are two separate projections (one created by SMG and one created by is equal to or an improvement over the approved Net Operating Loss Benchmark. The Incentive Fee is equal to fee]: SMG would earn 20% of Operating Revenues in excess to an agreed upon benchmark. 25% of the amount by which the Operating Revenues for the fiscal 2. Non - Financial Incentive Fee [up to 20% of base fee]: year exceed the approved revenue benchmark. Additionally, SMG would be eligible for an incentive based upon the City's evaluation of SMG's performance on mutually agreeable goals in the following suggested areas: i. Annual Client Satisfaction Goals (10% of base fee) ii. Annual Maintenance / Capital Goals (10% of base fee) Cash SMG committed SMG is offering a The SMG proposal Commitment $100,000 to be used for $250,000 grant to be increases the annual capital improvements used by the City to fund grant amount provided amortized over a three- any needs at the by SMG from $33,000 year period Complex. These funds per year to $50,000 a (approximately $33,000 may be used to year and expands the per year). The $100,000 supplement the permitted uses of the was spent on repairs to Convention Event Fund grant from strictly the ceiling in the Selena (CEF) to increase capital improvements Auditorium and economic activity or to "any needs at the landscaping at the American Bank Center. offset any transition expenses related to the complex." Food & Beverage operation (licensing, permits, etc.). If SMG is terminated without cause prior to the end of the five (5) year agreement, SMG would be entitled to the unamortized balance of the investment. If the agreement is terminated for cause, there would be no repayment. An evaluation team made up of Wes Pierson, Assistant City Manager; Mike Barrera, Assistant Director of Financial Services; Priscilla Garza, Accountant; Robert Tamez, Chairman of the Type A Board; and Keith Arnold, CEO of the Corpus Christi Conventions and Visitors Bureau was selected to review and score SMG's proposal (Mr. Arnold was ultimately unable to participate due to travel commitments). The proposal was found to be responsive to the RFP requirements with one discrepancy —the term of the contract in SMG's proposal did not reflect additional information that was provided to them in a later addendum. Attached to this agenda item are two separate projections (one created by SMG and one created by the City) of the potential savings that could be realized by SMG's proposal. The projections are different because they use separate assumptions. SMG assumes that the fees associated with the existing agreement continue to increase (adjusted for inflation) for a period of five years. The City assumes that the fees associated with the existing agreement continue to increase until the end of the existing agreement —or two years —at which point the existing fees would be replaced with a lower management fee structure. In order to provide an "apples to apples" comparison (over a period of five years) the final three years of the staff projection use the first three years of management fees proposed by SMG in their response to the City's RFP. ALTERNATIVES: 1. Reject SMG's proposal and continue to operate under the terms of the existing management agreement with SMG (for facility management) and Centerplate (for food and beverage management) until the agreement expires on July 31, 2014. Benefits of this alternative include: a. The existing contract provides the City the most flexibility to control its own destiny (we can end the agreement at any time without penalty). b. Provides time for City Staff to better understand the realities of SMG's performance as the venue manager and consider new incentives to improve the performance of the venues. 2. Accept SMG's proposal for consolidated management of facility and food and beverage operations. This option would eliminate Centerplate as the manager of the food and beverage operations and replace them with Savor —SMG's food and beverage company. Benefits of this alternative include: a. Immediate cost savings in terms of the base management fee. b. Additional value in annual grant funds ($50,000) to be used for needs at the American Bank Center. 3. Direct staff to negotiate a new contract that would maintain SMG as the facility operations manager and Centerplate as the food and beverage operations manager. Benefits of this alternative include: a. Maintaining the existing management arrangement under potentially more favorable terms than the existing agreement. 4. Direct staff to negotiate terms of the SMG proposal to incorporate appropriate performance measures and incentives in order to achieve improved financial performance. a. Immediate cost savings in terms of the base management fee. b. Additional value in annual grant funds ($50,000) to be used for needs at the American Bank Center. c. Provides time for City Staff to better understand the realities of SMG's performance as the venue manager and negotiate new incentives to improve the center's performance. OTHER CONSIDERATIONS: The SMG proposal anticipates the consolidation of management of both facility and food and beverage operations under one provider (SMG). This proposal would effectively eliminate the agreement with Centerplate for food and beverage services at the American Bank Center upon execution of a new contract with SMG. CONFORMITY TO CITY POLICY: This agreement conforms to City Policy EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: ACM, Business Support Services, Finance, Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $125,000.00 $269,986.04 $525,505 $795,491.04 Encumbered / Expended Amount $147,885.76 $0.00 $0.00 $0.00 This item $125,000 $525,505 $650,505 BALANCE $144,986.04 $0.00 $144,986.04 Fund(s): Comments: The financial impact information assumes the consolidation of facility and food & beverage operations under the SMG management umbrella. The cost breakdown over the final two years of the existing management agreement compared to SMG's proposal is reflected in the table below: Note: As part of their proposal SMG is prepared to make available a grant of $50,000 per year (up to $250,000) to fund any needs at the American Bank Center. Staff would determine the best use of these grant funds. RECOMMENDATION: Approval of motion to direct staff to negotiate terms of the SMG proposal submitted on July 6, 2012. Further, direct staff to explore ways with SMG to improve performance of the American Bank Center and, if possible, incorporate ideas into a new contract. LIST OF SUPPORTING DOCUMENTS: Certification of Funds Summary of SMG Proposal Breakdown of Potential Cost Savings of Existing Agreement vs. SMG Proposal (SMG Assumptions) Breakdown of Potential Cost Savings of Existing Agreement vs. SMG Proposal (City Assumptions) American Bank Center Performance Charts Existing Agreement SMG Proposed Difference Base Management Fee FY 2013 $269,986.04 $125,000.00 $144,986.04 Base Management Fee FY2014 $275,385.76 $127,500.00 $147,885.76 Total for FY2013 & 2014 $545,371.80 $252,500.00 $292,871.80 Note: As part of their proposal SMG is prepared to make available a grant of $50,000 per year (up to $250,000) to fund any needs at the American Bank Center. Staff would determine the best use of these grant funds. RECOMMENDATION: Approval of motion to direct staff to negotiate terms of the SMG proposal submitted on July 6, 2012. Further, direct staff to explore ways with SMG to improve performance of the American Bank Center and, if possible, incorporate ideas into a new contract. LIST OF SUPPORTING DOCUMENTS: Certification of Funds Summary of SMG Proposal Breakdown of Potential Cost Savings of Existing Agreement vs. SMG Proposal (SMG Assumptions) Breakdown of Potential Cost Savings of Existing Agreement vs. SMG Proposal (City Assumptions) American Bank Center Performance Charts 4.2.5 COST 4.2.5 Cost 02012 SMG PROPOSED FEE STRUCTURE CITY OF CORPUS CHRISTI - AMERICAN BANK CENTER COMPLEX JULY 6, 2012 As WITH ALL OUR CLIENTS, WE REMAIN FLEXIBLE WITH REGARD TO THE OVERALL COMPENSATION STRUCTURE AND WILL WORK CLOSELY WITH THE CITY TO ARRIVE AT BUSINESS TERMS WHICH MEET ALL OF OUR MUTUAL GOALS FOR SUCCESSFUL OPERATION OF THE EVENT FACILITIES. Management & Food and Beverage Services Term: 5 years with an option to extend the contract for three additional one (1) year periods at the discretion of the City, per the RFP. Base Fee: For all services referenced in the RFP an annual base fee of $125,000; subject to annual increases based upon the change in CPI. (THIS IS APPROX. A $150,000 PER YEAR REDUCTION AS COMPARED TO THE CURRENT FEE STRUCTURE FOR BOTH MANAGEMENT AND FOOD AND BEVERAGE COMBINED) Incentive Fee: In order to qualify for any incentive payments SMG must achieve both of the following: A) Must exceed the approved annual operating budget 8) Must exceed the current 30% Operating Profit Margin for the F &B Operation, based on the current calculation with the existing food service provider. If SMG achieves the above two criteria it will be eligible for an incentive fee based on the following criteria: 1. Financial (Revenue - Based) Incentive Fee (up to 80% of base fee): SMG would earn 20% of Operating Revenues in excess of an agreed upon benchmark. 2. Non - Financial Incentive Fee (up to 20% of base fee): In addition, SMG would be eligible for an incentive fee based upon the City's evaluation of SMG's performance on mutually agreeable goals in the following suggested areas: • Annual Client Satisfaction Goals (10% of base fee) • Annual Maintenance/ Capital Goals (10% of base fee) Cash Commitment: SMG is prepared to make available a $250,000 grant to be used by the City to fund any needs at the Complex. In recognition of the City's priority for maximizing revenues and economic impact to the downtown area, and as referenced in the recently completed performance audit, this may be a source of funds to help supplement the Convention Event Fund (CEF) to increase economic activity or offset any transition expenses related to the Food & Beverage operation (licensing, permits, etc.). In the event SMG's agreement is terminated for no cause prior to the end of 5 years, it would be entitled to the unamortized balance of the investment. If the agreement is terminated for cause, there would be no repayment. When you take into account SMG's capital contribution, the net cost to the City on an annual basis is $75,000 per year. SMG would be willing to adjust its base fee accordingly if the City is interested in adjusting the Cash Commitment by SMG. Request for Proposal • American Bank Center Complex • Management Services 140 arena co rrna e n r-f tee nter en a auditoriu SMG RFP PROPOSAL 2012 COMPARISON OF RATE STRUCTURE HISTORY: During the 2009 contract renewal, SMG and the City of Corpus Christi established annual management fees in the amount of $180,000 for the combined complex (Arena, Convention Center and Selena). Under the City's directive, SMG contracted with Centerpiate as the comptex's Food & Beverage provider for annual management fees of $73,500. Both management agreements allow for an annual increases in fees based on changes in the Consumer Price Index . in addition, SMG made a lump-sum capital contribution in the amount of 5100,000, The following is a summary of the terms of the current management contracts, actual rates for 2012-2013, and projections for 2013-2017 (estimated 2% annual increase): SMG Management Fees Centerpiate Management Fees Total Annual Management Fees 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 $ 191,745 $ 195,580 199,492 $ 203,482 $ 207,551 78,241 79,806 81,402 83,030 84,690 269,986 $ 275,386 $ 280,893 $ 286,511 292,242 Projected 5-year Financial Commitment: $ 1,405,018 PROPOSAL: The management fee structure as proposed in the 2012 RFP response presents annual management fees for both the complex and Food & Beverage (combined). Beginning in 2012-2013, the cumulative management fee for both complex and Food & Beverage management services is $125,000. As in the prior contract, increases in the management fees are allowed for based on the Consumer Price Index. Additionaily, SMG is proposing a 5250,000 lump-sum grant. For the purposes of a conservative comparison, annual incentive fees of 524,200 are included in the following forecast SMG Management Fees Incentive Fees Total Annual Management Fees less: SMG financial grant Total Annual Financial Commitment Projected 5-year Financial Commitment: 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 5 125,000 5 127,500 5 130,050 $ 132,651 5 135,304 24,200 24,200 24,200 24,200 24,200 149,200 $ 151,700 5 154,250 $ 156,851 5 159,504 (50,000) (50,000) (50,000) (50,000) (50,000) 99,200 $ 101,700 5 104,250 $ 106,851 $ 109,504 521,505 SUMMARY; A comparison of management fees over the next five (5) years under the current contract terms vs. the proposed terms results in the following: 5 yr. projection (Current Terms) 5 yr, projection (Proposed Terms) Savings under propsed terms' $ 1,405,018 521,505 883,513 City Comparison History The 2009 management agreement with SMG instituted annual management fees of $180,000 for all facilities (Arena, Convention Center and Selena) and annual management fees of $73,500 for the complex's Food & Beverage operations with Centerplate. Both management agreements allow for annual increases in fees based on changes in the Consumer Price Index. In addition, SMG made a lump -sum capital contribution in the amount of $100,000, which was amortized over the first three (3) years of the contract. Proposal The management fee structure as proposed in the 2012 RFP response presents annual management fees for both the complex and Food & Beverage (combined). Under the terms of the Proposal, the cumulative annual management fee is $125,000. As in the prior contract, increases in the management fees are allowed for based on the Consumer Price Index. Additionally, SMG is proposing a $250,000 lump -sum grant, to be amortized over the 5 -year term of the contract ($50,000 /year). Comparison Comparing the financial impact of the current terms vs. the proposed terms over the next two (2) years is straightforward; however, in order to present a 5 -year "apples -to- apples" comparison, certain assumptions must be made for years 3 - 5. For the purposes of this illustration, the first three (3) years of the RFP Proposed Terms are applied to fiscal years 2015 -2017; however, this is purely for the sake of argument and not an assurance of agreed upon rates for those time periods. ScenarioA Year1 Year2 Year3 Year4 Year5 EXISTING AGREEMENT +ASSUMPTION 2012- 2013 2013- 2014 2014- 2015 2015- 2016 2016- 2017 SMG Management Fees $191,745 $195,580 $125,000 $127,500 $130,050 Centerplate Management Fees $78,241 $79,806 $0 $0 $0 Total Annual Management Fees $269,986 $275,386 $125,000 $127,500 $130,050 Projected 5 -year Financial Commitment from City $927,922 Scenario B SMG PROPOSAL SMG Management Fees Year 1 Year 2 Year 3 Year 4 Year 5 2012 - 2013 2013 - 2014 2014 - 2015 2015 - 2016 2016 - 2017 $125,000 $127,500 $130,050 $132,651 $135,304 SMG Financial Grant $50,000 $50,000 $50,000 $50,000 $50,000 Projected 5 -year Financial Commitment from City w/o Grant $650,505 Difference between Scenario A & B without Grant $277,417 Projected 5 -year Financial Commitment from City w/ Grant $400,505 Difference between Scenario A & B with Grant $527,417 Summary Based on this analysis, the City of Corpus Christi could realize approximately $277,417 in total cost savings related to the base management fee for the American Bank Center for a five -year agreement. As part of their proposal, SMG is prepared to make available a grant of $250,000 ($50,000 per year for five years); to fund any needs at the American Bank Center. City Staff would determine the best use of these grant funds. The cost savings combined with the potential grant funds could result in a net financial benefit to the City of approximately $527,417 over five - years. Performance Summary American Bank Center The following information provides a snapshot of the annual subsidy for the Convention Center / Selena Auditorium (FY 2005 — FY 2012) and building activity (FY 2009 — FY 2012) for the American Bank Center (ABC) Complex. (For your information, SMG has managed all three facilities since 2004.) $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,00Q $600,000 $400,000 $200,000 Convention Center /Selena Annual Subsidy 47 $0 1 ,�ooV ,�oo� ,�000 moo^' �oow ,�000 tioyo tioyti Since FY 2005, the average amount of the City subsidy provided to the Convention Center / Selena Auditorium has been $1,347,244. While heavily weighted toward the earlier years, the subsidy has increased an average of --=.9% annually from FY 2005 — FY 2012. 500 450 400 350 300 250 200 150 100 50 0 ABC Number of Events 2008 - 2012 Total Events Convention Center / Selena Events —Arena Events Performance Summary American Bank Center 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 ABC Event Attendance 2008 - 2012 617,665 550,077 Total Attendance Convention Center / Selena Attendance Arena Attendance As indicated by the graphs above, the number of events is down relative to FY 2009 while event attendance has increased relative to 2011. 3,000 2,500 2,000 1,500 1,000 500 0 Average Attendance Per Event 2,738 2,671 2,345 Attendance /Event - Arena Attendance /Event - Convention Center / Selena This is an ancillary chart that helps provide some perspective of the number of people that attend events (on average) in the various venues at the ABC. AGENDA MEMORANDUM Future Item for the City Council Meeting of 8/28/12 Action Item for the City Council Meeting of 9/18/12 DATE: TO: September 6, 2012 Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Director of Storm Water and Street Operations ValerieG@cctexas.com 361.826.1875 Resolution to declare intent to establish a Street User Fee, approve rate design, and establish policy. CAPTION: Resolution declaring intent to establish a street user fee for implementation in FY 2013 -2014; approving the design concepts for street user fee rates; and establishing policy relative to establishment of a street user fee. PURPOSE: The Resolution formalizes Council's intentions regarding establishment of a Street User Fee for street maintenance as well as addresses policy questions necessary for the development and implementation of the Fee. It further identifies key elements of the Street Plan. BACKGROUND AND FINDINGS: On July 7, 2012 City staff presented their recommendation regarding a Street Improvement Plan and funding. Part of this recommendation included the implementation of a Street User Fee which would fund maintenance (seals and overlays) of streets in Fair or Good condition. On August 28, 2012, staff presented a Resolution seeking a confirmation of City Council's intent to move forward with the implementation of a Street User Fee and direction regarding specific aspects of the Street User Fee policies. During the presentation, Council Members requested slight modifications to elements regarding the Street User Fee as well as the addition of other items not directly related to the Street User Fee, but associated with the Street Plan. The attached revised Resolution captures those changes. ALTERNATIVES: Council may choose not to move forward with the Street User Fee at this time. OTHER CONSIDERATIONS: Having guidance on the street user fee billing basis, rate design, and other aspects of developing a new street user fee at an early date allows staff to move forward on a timely basis in order to meet the desired implementation date. Delay in resolving some of these questions or in providing the necessary guidance to develop the fee components may result in an inability to implement within the requested timeframe. CONFORMITY TO CITY POLICY: The Resolution follows all appropriate policy. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends passage of the resolution in all of its parts. LIST OF SUPPORTING DOCUMENTS: None. RESOLUTION Declaring intent to establish a street user fee for implementation in FY 2013 -2014; approving the design concepts for street user fee rates; and establishing policy relative to establishment of a street user fee. WHEREAS, City Council has created a Strategic Goal for a Street Improvement Plan which includes creating a dedicated funding source; and WHEREAS, on November 16, 2010 City Council passed Resolution No. 028862 creating a Street Maintenance Finance Ad Hoc Advisory Committee (Committee) to evaluate funding options for street repair and maintenance and to develop a street maintenance funding plan; and WHEREAS, the Committee proposed certain funding options and staff developed a street maintenance funding plan; and WHEREAS, City Council must approve a schedule of street user fees; and WHEREAS, various street user fee policies will affect the calculation of street user fee revenues and use rates; and WHEREAS, City staff seeks preliminary guidance on policies to develop a budget framework; design changes to the City's billing software ( "HTE ") system; and calculate the estimates of street user fee revenues and rates, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Actions will be taken during Fiscal Year 2013 to establish a street user fee and associated policies, with an effective date of August 1, 2013. SECTION 2. The street user fee revenues will be directed to the Special Revenue Streets Fund. SECTION 3. The street user fee will be a supplemental source of revenue to be dedicated solely to street maintenance. SECTION 4. Steps will be implemented to preserve the level of funding of the Street Department. Excluding a decrease in General Fund revenues, the Street Fund budget's percentage relative to the General Fund will go below neither that of Fiscal Year 2013, nor its equivalent if an increase in General Fund revenues should occur. SECTION 5. Prior to street user fee implementation, staff will develop a street maintenance budget work plan. 0018_2_Resolution re intent to form (Revised) Page 1 of 4 SECTION 6. The City will investigate possibilities and benefits of other funding mechanisms as additional future sources of funding to reduce the revenue requirements and rate of the street user fee. SECTION 7. The basis of service measurement will be to use living area square footage as recorded by the Nueces County Appraisal District tax records and Trip Factors derived from trip generation rates published by the Institute of Traffic Engineers. SECTION 8. Land use designations used to determine the appropriate Trip Factor to be applied will be based on the Texas Land Use Code classification as recorded by the Nueces County Appraisal District tax records. SECTION 9. The City Council finds it reasonable and equitable for the City to assume that each non - irrigation water meter in the service area serves a user of a benefitted property. Therefore, a street user fee will be charged to active non - irrigation water meters. SECTION 10. The rate design for street user fee charges will be based on the Equivalent Residential Unit (ERU) approach. SECTION 11. Land use designations will be consolidated into Trip Factor classifications which then will be applied against the ERU. Staff will explore options with regard to the number of classifications as well as their associated Trip Factors. SECTION 12. Residential accounts will be tiered based on living area square footage. SECTION 13. Staff primarily recommends Non - Residential accounts be capped at 5,000 square feet living area per active water meter. Staff will research alternate approaches, including exploration of a tiered system and /or alternate and escalating cap amounts and provide Council with additional recommendations. SECTION 13. For attached commercial, attached housing, and mobile homes, the street user fee charge will be billed: (i) to the customer where individually metered; and (ii) to the property owner where master metered. SECTION 14. The following properties shall be exempt from the street user fee: A. City, county, state or federal property. B. Independent school district property. C. Non - metered property. SECTION 15. A person may appeal a street user fee charge as it applies to active water meter status. SECTION 16. For any change to a street user fee charge related to a correction to living area square footage or to a Texas Land Use classification, no adjustment may be made effective until after the Nueces County Tax Appraisal District has updated its records 0018_2_Resolution re intent to form (Revised) Page 2 of 4 and the updated records have been downloaded into the City's billing system. No adjustments will apply retroactively. SECTION 17. No credits will apply to street user fees or charges. SECTION 18. If a person fails to pay a street user fee charge when due, the City will take all necessary action and employ all remedies available at law to enforce payment and collect amounts due, which may include discontinuing utility service and /or placing a lien on the property. SECTION 19. Staff will recommend a rate model for Council's approval for implementation no later than the 4th quarter of this Fiscal Year. SECTION 20. Staff will revise its street cut policy and create a street cut ordinance for Council's consideration. SECTION 21. Staff will investigate options for residential street assessments and prepare an amendment to the existing street assessment ordinance for Council's consideration. SECTION 22. The City Engineer will develop new street design standards to meet a 30 year street design life. SECTION 23. Staff will explore and present Council with options for pursuing a more aggressive capital improvement program. SECTION 24. This resolution takes effect immediately upon its passage. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 0018_2_Resolution re intent to form (Revised) Page 3 of 4 The above resolution was passed by the following vote: Joe Adame Kelly Allen Larry Elizondo, Sr. Mark Scott Chris Adler Priscilla Leal John E. Marez Nelda Martinez David Leob 0018_2_Resolution re intent to form (Revised) Page 4 of 4 0) fa E (/) co 4) E aO 73 4) 4--0 0 N V c 0 -o Q) (i) co 0 a) CO 0) 0 a) 0) 0) Lf) W 1- O 0 v) CU N 1.... -� X L CU CO 0 C i X W (....) CO 0 0- U Z 0 I c '4-• O CO Ln v) C 4A 1 in 1 CU L) 73 ( U = ro ro ro "0 - w ca i- J • L 0 0 co LL CL co ovs t w • e vrerte 1 O U U z E 0 CO CO O z O • •1--+ E.' •1-- -+ a) c "C3 ._ • a L L L a) 0) •1--+ (1▪ ) a ca o E E cl L co O co 7:3 To on �> i = •� ._ a) C' . - 'C a • O CO O 2 i a) c a) > O = • CV) > U 0 .> • CO V "C3 c . co o au o = a) N i aA = co /� v 0 El° i • c2 V 03 Q . ( ) 0 CO 0 • 0 0 e) cis 0 CZ 0 CD w 0 s- CO 0 U 4) c/) CO c/) L_ (r) N v) � C O Cr C- C L CU L co c L= 0) N N CO CO CI- LL L▪ L _ co 0J 0 • V o_ 4) E a) fa c cu 0 0) •1� E J a) LL 0) 0) + -• +-• cu 0 CI C2- o_ M1• Z 0 CI W possamki ■Fort.: 2 1 Ss uare Foota e — Mu ti • e Meter O E i i 2 C W N m O >- >- m 0 0 0 0 N m n moo ee CirT5 achF r1FrnmI1'rF" o cu N i i i d i 0) 0) 0 O i i 0) 0) 0) N . co co 0) >- >- >- -O 0) 0) } >- >- ON N Om 0 N Gi' • 0 • m Milli N 0 C O 0 O O E Q 2 a,i • O N CO N LL • ' O .— - �n 0n -O 0n ( S N Y C LL a C ` U 10 0 O O N O 0 ▪ O CO • N - -$ m- IN r0 ro n1 a m a • m e • a e AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 18, 2012 Second Reading Ordinance for the City Council Meeting of September 25, 2012 DATE: TO: FROM: August 21, 2012 Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation FredS(cr�, cctexas. com 289.0171 ext.1213 Appropriation and transfer of $65,417 from the Airport Capital Reserve Fund to the Airport Operating Fund to be used for capital expenditures. CAPTION: Ordinance appropriating $65,417 from the No. 4611 Airport Capital Reserve Fund and transferring $65,417 to the No. 4610 Airport Operating Fund and increasing appropriations from the No. 4610 Airport Operating Funds for capital expenditures as a result of the July 10, 2012 refunding of the Series 2000 A & B Bonds that eliminated the reserve fund requirement; amending the FY 2012 -13 Operating Budget adopted by Ordinance No. 029577 to increase revenue and expenditures by $65,417. PURPOSE: The General Airport Revenue Bonds, Series 2000 A & B bond covenant required the establishment of an Airport Capital Reserve Fund. The Series 2000 A & B Bonds were officially refunded on July 10, 2012. The refunding eliminated the reserve fund requirement allowing for the return of reserve funds to the Airport Fund to be used for authorized capital expenditures. BACKGROUND AND FINDINGS: The 2000 Terminal re- construction and roadway improvement projects at Corpus Christi International Airport were funded in part from the Series 2000 A & B General Airport Revenue Bonds (GARBs). The bonds were issued based on an Airport revenue pledge and credit rating. This resulted in a higher interest rate and higher debt service. The City's financial advisor, M.E. Allison along with Trillion Aviation, the Airport's business development consultant recommended the refunding of the GARBs on the bond call date. On July 10, 2012, the refunding was finalized with a resulting annual savings of $275,000. The refunding also eliminated several restrictive bond covenants including the requirement for an Airport Capital Reserve Fund and a 1.25 Debt Ratio coverage. The Airport Capital Reserve Fund was established to account for expenditures associated with major airport construction projects and for the replacement of large equipment used at the Airport. These expenditures will continue to be funded by the Airport from existing operating and capital accounts. The Capital Reserve Fund was established through a transfer of funds from the Airport Operating Fund. Airport and Financial Services staff is recommending the elimination of the Airport Capital Reserve Fund and transferring the remaining funds back to the Airport Operating Fund. ALTERNATIVES: The only alternative would be to retain the Airport Capital Reserve Fund though there is no legal requirement. Retention of the fund would require additional financial and audit resources to maintain the separate fund. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Non - applicable EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0 $0 0 $0 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $65,417 0 $65,417 BALANCE $0 $65,417 0 $65,417 Fund: 4611 Airport Capital Reserve Fund RECOMMENDATION: Staff recommends the appropriation and transfer of the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance Appropriating $65,417 from the No. 4611 Airport Capital Reserve Fund and transferring $65,417 to the No. 4610 Airport Operating Fund and increasing appropriations from the No. 4610 Airport Operating Fund for capital expenditures, as a result of the July 10, 2012 refunding of the Series 2000 A & B Bonds that eliminated the reserve fund requirement; amending the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 and increasing revenues and expenditures by $65,417. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $65,417 is appropriated from the No. 4611 Airport Capital Reserve Fund and transferred to the No. 4610 Airport Operating Fund, and appropriations from the No. 4610 Airport Operating Fund are increased for capital expenditures, as a result of the July 10, 2012 refunding of the Series 2000 A & B Bonds that eliminated the reserve fund requirement. SECTION 2. That the FY 2012 -2013 operating budget adopted by Ordinance 029577 is amended to increase revenues and expenditures by $65,417. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0019_2_Ord- approp transferring from NO 4611 to No 4610 9 -05 -12 Joe Adame Mayor Page 2of2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary 0019_2_Ord- approp transferring from NO 4611 to No 4610 9 -05 -12 Joe Adame Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting of September 18, 2012 Action Item for the City Council Meeting of October 16, 2012 DATE: August 14, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Lease for a portion of Manuel Q. Salinas Park to South Texas BMX for purposes of building and operating a bicycle motocross track CAPTION: Ordinance authorizing the City Manager, or his designee to execute a 5 year sublease agreement with South Texas BMX, LLC for the use of approximately 3 acres out of Manuel Q. Salinas Park located at 1354 Airport Road, for construction and operation of a bicycle motocross facility, with options to extend for up to two additional five year terms, in consideration of monthly rental payments of ten percent of net revenues; providing for severance; and providing for publication. PURPOSE: The Parks and Recreation Department seeks approval to enter into a five year lease agreement with South Texas BMX to build and operate a Bicycle Motor Cross (BMX) track at Manuel Q. Salinas Park. The lease requires South Texas BMX to design, construct and operate the BMX track at their own expense, payment of a 2% of gross revenues to serve as a capital improvement reserve for the track and payment of 10% of net revenues to the City. There is an option for two (2), five (5) year extensions for the agreement. BACKGROUND AND FINDINGS: In August 2011, Jeffery and Rebecca Click of South Texas BMX approached the Parks and Recreation Department about partnering to build a public BMX park. Undeveloped open space and excess fill dirt remaining from construction at nearby parks, and proximity to major thoroughfares and bus routes led the department to select Manuel Q. Salinas Park as the site for the potential track. South Texas BMX made an initial presentation to the Parks and Recreation Advisory Committee on May 9, 2012. PRAC members supported efforts to move forward with plans to lease the park for the purpose of the BMX track. On May 1, 2012 the Parks and Recreation Department held a public meeting at Greenwood Senior Center to gather input about the potential development from neighbors and nearby stakeholders. Positive feedback was given during the meeting. ALTERNATIVES: Do not approve the lease and allow this area of Manuel Q. Salinas Park to remain undeveloped. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The Strategic Parks and Recreation Master Plan calls for the development of specialty parks and facilities at each Community and Regional Park. EMERGENCY / NON - EMERGENCY: Non - Emergency. Per City Charter, leases with a term of more than five years require a 28 -day delay between first and second reading. Second reading will take place on October 16. DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE (14,300) (14,300) Fund(s): Comments: Revenues shown are based on initial year estimates provided by South Texas BMX and extrapolated for the remainder of the lease agreement. RECOMMENDATION: Staff recommends approving the lease agreement. LIST OF SUPPORTING DOCUMENTS: Contract with South Texas BMX, LLC. Ordinance Ordinance authorizing the City Manager, or designee, to execute a 5 year sublease agreement with South Texas BMX, LLC for the use of approximately 3 acres out of Manuel Q. Salinas Park located at 1354 Airport Road, for construction and operation of a bicycle motocross facility, with options to extend for up two additional five year terms, in consideration of monthly rental payments of ten percent of net revenues; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a 5 year sublease agreement with South Texas BMX, LLC for the use of approximately 3 acres out of Manuel Q. Salinas Park located at 1354 Airport Road for construction and operation of a bicycle motocross facility, with options to extend for up to two additional five year terms, in consideration of monthly rental payments of ten percent of net revenues. A copy of the contract shall be filed with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This contract takes effect on the 61st day following City Council approval. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor 1 CONSTRUCTION AND SUBLEASE AGREEMENT WITH ORGANIZATION REGARDING USE OF AREA OUT OF MANUEL Q. SALINAS PARK THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, on July 6, 2010, the Corpus Christi Industrial Development Corporation ( "CCIDC ") entered into a 25 year term lease with the City of Corpus Christi, ( "City "), to lease certain lands to the City to be used for recreational purposes, and which lease provides that the City may sublease the lands for use in a manner consistent with the usage as a recreational area; WHEREAS, South Texas BMX, LLC ( "Organization ") desires to use certain areas Manuel Q. Salinas Park located at 1354 Airport Road, Corpus Christi, Texas, to construct BMX bike race tracks and other improvements to be located on approximately three (3) acres with concession stand and fencing, (Improvements ") as described on attached Exhibit; WHEREAS, the City desires to grant Organization permission to sublease the Premises described herein to construct the Improvements, and then sublease to Organization the property in consideration of the terms and conditions and mutual promises set out below. NOW, THEREFORE, the City, and Organization agree as follows: Section 1. Premises. The City subleases the property described on the attached Exhibit A to Organization, under the terms and conditions contained herein. Section 2. Definitions. Whenever used in this Lease, the following terms shall have the meanings ascribed to t 'em as set forth in this paragraph, to wit: A. Sublessee or Organization shall mean South Texas, BMX, LLC, a Texas limited liability corporation. B. City shall mean the City of Corpus Christi, a Texas home -rule municipal corporation. ea. City Council shall mean the City Council of the City of Corpus Christi, D. City Manager shall mean the City Manager of the City, or his designee. E Parks Director or "Director" shall mean the City of Corpus Christi Director of Parks and Recreation or designee. 2 F. City Property or Premises or Leased Premises shall mean a tract or parcel of land approximate acreage of three (3) acres and designated as shown on the attached Exhibit A, together with all improvements. G. Effective Date shall mean the 6.114 date after City Council approval of this agreement. H. Gross Revenues shall mean the total amount of money or the value of any other considerations received by Organization or by Organization's officers, agents, employees, invitees, or subcontractors, for any purpose related to use of Premises, any Improvements, or BMX track operations. 1. Net Revenues shall mean Gross Revenues after deduction of Organization's reasonable expenses to operate the BMX track at the Premises. J. Improvements shall mean any construction at the Premises. K. Lease or Agreement shall mean this document as executed by both parties. L. BMX track or BMX race track shall mean the approximately 1 ,000 foot long track constructed at the Premises for use for bicycle motorcross purposes. ! Section 3. Purpose. The purpose of this Agreement is for Organization to construct and operate, at its sole expense, a BMX race track facility at the Premises. Any other use by Organization is prohibited. Section 4. Term. This agreement shall commence on the Effective Date and continues for five years, unless earlier terminated as herein provided. This agreement may be extended for up to two additional five year terms, subject to written approval of the City Manager and authorized representative of Organization. Section 5. Use of City's Property for Construction of Improvements - A; Organization shall construct or oversee construction of certain Improvements which are described on the attached Exhibit, with approximate value of $125,000. Organization shall review the construction invoices and shall make payment if the work has been satisfactorily completed. B. When constructing the Improvements, the plans and specifications shall be prepared by state-licensed architects or engineers. The plans and specifications are subject to approval of the City Manager. Construction shall not begin until the City Director of Engineering has reviewed and approved the construction plans and specifications. Organization agrees to maintain City Property in a sanitary, safe and clean condition during Organization's use of the City Property. 3 C. Organization shall require the contractors who are awarded contracts for construction of the Improvements to furnish the following bonds by surety companies authorized to do business in Texas: 1. Payment Bond - A payment bond in the amount of One Hundred Percent (100 %) of the contract for construction of the Improvements shall be furnished for the protection of all persons, firms and corporations who may furnish materials or perform labor. The payment bond shall be made with City and CCIDC as an Obligee. 2. Performance Bond - A performance bond in the amount of One Hundred Percent (100 %) of the contract for construction of the Improvements shall be furnished covering the faithful performance of the contract. The performance bond shall be made with City and CCIDC as an Obligee. D. Organization shall include in all construction agreements with Organization's construction company ( "Contractor") for the Improvements, the following provisions: 1. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless Corpus Christi Industrial Development Corporation, the City of Corpus Christi and all of its officials, officers, agents and employees, in both their public and private capacities, from and-against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or Toss of use of any property occasioned by error, omission, or negligent act of Contractor, its officers, agents, employees, subcontractors, invitees or any other person, arising out of or in connection with the performance of this agreement, and Contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi and Corpus Christi Industrial Development Corporation from any and all such claims and demands. 2. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless the Corpus Christi industrial Development Corporation, the City of Corpus Christi and all of its officials, officers, agents and employees from and against any and all claims, losses, damages, suits, demands or causes of action, and liability of every kind including all expenses of litigation and/or settlement, court costs and attorney fees for injury or death of any person or for loss of, damages to, or loss of use of any property, rising out of or in connection with the performance of this agreement. Such indemnity shall apply whether the claims, losses, damages, suits, demands or causes of action arise in whole or in part from the negligence of the City of Corpus Christi, its officers, officials, agents or employees. It is the express intention of the 4 parties hereto that the indemnity provided for in this paragraph is indemnity by Contractor to indemnify and protect the City of Corpus Christi from the consequences of the City of Corpus Christi's own negligence, where that negligence is a sole or concurring cause of the injury, death or damage. 3. In any and all claims against any party indemnified hereunder by any employee of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workman's compensation or other employee benefit acts. E. Organization shall also require the Contractors, in all Organization construction agreements for the Improvements to furnish insurance in such amounts as specified below and include in all construction agreements for the Improvements the following language: 1. Prior to commencement of any activity on City of Corpus Christi's property, Contractor shall purchase and maintain during the term of this contract, at its own expense, hereinafter stipulated minimum insurance with companies duly authorized to do business in the State of Texas. Contractor shall not allow any subcontractor to commence work until all similar insurance of the subcontractor has been obtained. All insurance policies provided under this Agreement shall be written on an "occurrence" basis. Workers' Compensation as required by law. Employer's Liability Insurance of not less than $500,000.00 for each accident, $500,000.00 disease for each employee, $500,000.00 disease as policy limit. Commercial General Liability Insurance. including Independent Contractor's Liability, Products /Completed Operations and Contractual Liability, covering, but not limited to the indemnification provisions of this contract, fully Insuring Contractor's liability for injury to or death of employees of the City of Corpus Christi and third parties, extended to include personal injury liability coverage, and for damage to property of third parties, with a combined bodily injury and property damage minimum limit of $1,000,000 per occurrence. 5 Comprehensive Automobile and Truck Liability Insurance, covering owned, hired and non -owned vehicles, with a combined single limit of $1,000,000 per occurrence. Builder's Risk. The Contractor shall purchase an All Risk builder's risk policy in the amount of the construction cost of the concession stand and fencing for the duration of this project, 2. It is agreed by all parties to this Agreement that the insurance required under this Agreement shall: a. Be written with the Corpus Christi Industrial Development Corporation, the City of Corpus Christi and Organization as additional insured on applicable policies and that the policy phrase "other insurance" shall not apply to the City of Corpus Christi where the City of Corpus Christi is an additional insured shown on the policy. b. Provide for thirty (30) days written notice of cancellation to the City of Corpus Christi, material change or any other cause. c. Be written through companies duly authorized to transact that class of insurance in the State of Texas. d. Waive subrogation rights for loss or damage so that insurers have no right to recovery or subrogation against the Corpus Christi Industrial Development Corporation, or the City of Corpus Christi, it being the intention that the required insurance policies shall protect all parties to the Agreement and be primary coverage for all losses covered by the policies. e. Provide a •Certificate of Insurance evidencing the required coverages to: City Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469-9277 Risk and Safety Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78489 -9277 F. Organization agrees that all work to be performed by it or its contractors, including all workmanship and materials, shall be of first -class quality and shall be performed in 6 full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations, and such work shall be subject to City inspection during the performance thereof and after it is completed. However, the City shall have no duty to inspect. G. Organization shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Organization as such obligations mature. Organization expressly agrees that it will neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the City's property or upon any Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the City's property or Improvements thereon, and Organization shall discharge any such lien within thirty (30) days after notice of filing thereof. H. Organization shall be solely responsible to ensure that any use of the Premises is in compliance with all applicable Federal, State, and local laws and regulations, including City building codes and zoning regulations. All plans and specifications referred to above and all construction upon the City's property shall comply with all applicable federal, state or municipal laws, ordinances, rules, regulations and requirements. During the progress of all work, City's duly authorized representative may enter upon the Premises and make such inspections as may be reasonably necessary for the purpose of satisfying City that the work or construction meets the requirements or standards. I. Organization shall conduct its operations under this Agreement in an orderly and proper manner, considering the nature of such operation, so as not to unreasonably annoy, disturb, or endanger others. J. Before any work on City property begins, Organization shall present the City Director of Engineering, the City Risk Manager or designee, and the City Manager with evidence of Contractor's insurance coverages, and City building and construction permits. K. Organization shall have the right to obtain ingress and egress to and from the area designated for construction of the Improvements by means of all existing roadways or accessways, to be used in common with others having rights of passage. L. MATERIAL AND WORKMANSHIP: (a) Organization agrees that all equipment, material, and articles into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. Organization may, at its option, use any equipment, material, article, or process that, in the judgment of the City Director of Parks and Recreation, is equal to that named in the specifications, unless otherwise specifically provided in this contract. (b) Organization shall obtain City Director of Parks and Recreation ( "CityDirector") approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the City Director the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the City Director, the Organization shall also obtain the City Director's approval of the material or articles which the Organization or its Contractor contemplates incorporating into the work. When requesting approval, the Organization shall provide full information concerning the material or articles. When directed to do so, the Organization shall submit samples for approval at the Organization's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) All work under this contract shall be performed in a skillful and workmanlike manner. The City Director may require, in writing, that the Organization remove from the work any employee the City Director deems incompetent, careless, or otherwise objectionable. A one year warranty on workmanship is required. M. Date for construction completion, If construction for its intended use as a BMX race track is not completed within nine (9) months from the Effective Date of this Agreement, then the Organization shall be considered to.be in breach of this Agreement, and the City may terminate this Agreement upon notice to Organization, without penalty to City, and City may additionally pursue all remedies under law. N. cost of construction of the improvements. The complete cost of developing all necessary plans and specifications and the cost of construction of the improvements by Organization shall be borne solely by Organization and be at no expense to City whatsoever. O. Use of donated materials. City may make available donated materials to Organization for Organization's use at the Premises. ORGANIZATION ASSUMES ALL RISK ASSOCIATED WITH USE OF ANY MATERIALS DONATED OR PROVIDED BY THE CITY. CITY EXPRESSLY WAIVES ANY WARRANTIES REGARDING SUITABILITY OR FITNESS FOR PARTICULAR PURPOSE OF ANY MATERIALS USED AT THE PREMISES. Section 6, Ownershi of im rov manta After Com letlon of Construction Upon completion of the Improvements, Organization donates the Improvements to CCIDC, which then leases them to the City, to be subleased by the City to the Organization. The Improvements are considered completed when accepted in writing for the CCIDC by the City Director of Parks and Recreation. Any warranties given to the 8 Organization regarding the Improvements shall be transferred and assigned to CCI City at the same time as the Improvements are transferred to the CCIDC. Section 7. Purpose of Lease of Improvements after Completion of Construction Upon acceptance of the Improvements by the City Director of Parks and Recreation, the City shall sublease the Premises together with Improvements to Organization ( "Leased Premises ") for the remainder of the Term section described above, for Organization to provide bicycle motorcross (BMX) sports programs for the citizens of Corpus Christi. Organization may not use the Leased Premises for any other purpose without the prior written approval of the Parks Director. The Organization's use of the Leased Premises is subject to the terms and conditions of this Agreement, including attached Exhibits. Section 8. Consideration, Financial Records and Audit As additional consideration for use of the Premises, Organization agrees to pay the City as follows: Organization shall pay City two percent of Gross Revenues, to be used by City for improvements to be made at the Premises. Organization shall also pay City ten percent of Net Revenues, due tenth of each month, to address directed by the City Director of Parks and Recreation. All payments are due by the tenth of each month, to address as directed by the City Director of Parks and Recreation. Late payments accrue interest at rate of ten percent per month from the date the payment became due. Organization must maintain all financial records and receipts for at least three (3) years from the expiration of this Agreement. City has right to inspect and audit financial records of Organization during regular business hours. Financial records include but it not limited to, all documents related to the conduct of the operations, such as general ledgers, accounts receivables and payables, sales journals, inventory records, daily and periodic summary reports, cash register and computer terminal tapes, bank deposit slips, bank statements, tax reports to the State and Federal agencies, and discount and rebate records. Organization must furnish City Director with monthly statements of Gross Revenues, and Net Revenues, certified by an authorized officer of Organization, in accordance with generally accepted accounting principles and procedures, and in a form approved by the City Director of Financial Services. Section 9. Damage or Destruction 9 In the event of damage or destruction to the Improvements or Leased Premises, City and Corpus Christi Industrial Development Corporation shall have no obligation to repair or rebuild the Improvements or Leased Premises or any fixtures, equipment or other personal property installed by Organization. However, if said damage or destruction occurs prior to completion of the construction of the Improvements, any insurance proceeds from any casualty loss shall be applied to the repair or rebuilding of the Improvements, which will be the extent of Organization's obligation for repair. If such damage or destruction renders the Improvements unusable or unsafe as determined by the City Manager in his sole discretion, then upon City Manager's written notice to Organization, this Agreement terminates immediately without penalty to the City. Any damage caused by City will be reviewed by the City Risk Management office. Section 10. Termination. In addition to provisions set forth elsewhere in this Agreement, the Agreement may be terminated as follows: (A) If there is noncompliance with one or more of the provisions contained herein, the City Director of Parks and Recreation may give Organization written notice to cure or begin curing the default(s) within thirty (30) days of receipt of the notice. If Organization is not in compliance or in substantial compliance with each provision identified by the City Director of Parks and Recreation within thirty (30) days of receiving said notice, or if such noncompliance reasonably requires additional time if Organization is not proceeding diligently with curing the default(s), the City Manager may terminate this Agreement for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (B) Either City or Organization may terminate this Agreement without cause by giving thirty (30) days written notice to the non- terminating party. Section 11. Surrender. Upon termination of this Agreement, Organization shall return the Premises to City in as good condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Organization is without fault. Section 12. Maintenance of Leased Premises. While construction is ongoing, City shall mow the Premises. After completion of construction as described above, Organization must maintain the Premises and Leased Premises including the mowing and collecting litter as directed in writing by the Parks Director. Section 13. Schedule of Activities, and Contact List. 10 Attached as Exhibit is Organization's Schedule of activities, Hours of Operation, Membership and User Fees. Organization agrees to annually submit its list of Officers and Board of Directors to the Parks Director, including name, title, address and phone number. Any changes to Organization's schedule of activities, hours and terms of operations, or membership and user fees require prior written approval of the City Director. Section 14. Responsibility for activities on Premises and Leased Premises. A. Organization is solely and exclusively responsible for all activities on the Premises. and Leased Premises and has control of the Premises. The City has no responsibility for safety or any activity on the Premises. Organization is solely responsible for safety of all activities on the Premises. B. Maintenance. Organization must maintain and repair the Premises including Improvements in good condition. If Organization fails to maintain the Premises, or fails to perform repairs in a timely manner, City may do so and bill Organization. Organization must pay City within 30 days of invoice. Maintenance includes at a minimum: (1) Organization shalt pick up and properly dispose of litter on daily basis whenever the Premises are being used and weekly during rest of the year. (2) Organization shall keep the Premises (including any buildings, temporary or permanent) operational and in good repair, including but not limited to maintaining the track, and cleaning and maintaining interior and exterior of any building(s) at the Premises. (3) Organization must immediately report any vandalism to the Parks Director or designee and Corpus Christi Police Department. City is not responsible to repair or replace any damages to the Property or Improvements. (4) Organization must keep any parking areas and access road within the Premises free of debris, properly designated and ensure that parking is confined to designated areas. (5) Organization must maintain the Premises. Organization shall maintain the grass at safe height not to exceed six (6) inches. Organization will water the Premises, in compliance with any City designated drought plan. C. Registration. Organization will promote its programs so that the public is aware of the Organization's activities. Organization will conduct all registrations, take all fees, schedule all practices, races and events and provide trophies. D. Utilities. Organization must install and pay for its own utility connections and meters and Organization must have all utility service providers bill Organization for all utilities, including but not limited to telephone, electricity, water, wastewater, gas, and solid waste. City is not responsible for payment of any utilities. 11 E. Track Condition. The City reserves the right to cancel play at the Leased Premises when field conditions, as determined by Parks Director or designee, may cause injury or damages to Leased Premises. F.Sanctioning Body. All activities scheduled and coordinated at the track must be sanctioned by USA BMX - American Bicycle Association. Section 15, Alterations. Organization may not make any alterations, additions or improvements, to, in or about the Leased Premises without prior written consent of the Parks Director. All approved alterations, improvements, and additions made by Organization upon the Leased Premises, although at Organization's expense, shall become the property of the City in fee simple without any other action or process of law at the end of this Agreement. Section 18. Tax. Organization shall be responsible for timely payment of all taxes, special assessments, or levies, if any, assessed during the term of this Agreement, against or relating to this Agreement, the Premises or Improvements, including ad valorem taxes pursuant to the Texas Property Tax Code, throughout term of this Agreement. Organization shall be responsible to timely collect and remit any applicable sales taxes. Organization must provide proof of payment upon request of Parks Director. Section 17. Assignment and Subleasing. Organization must not assign, encumber or sublease this Agreement, without prior written consent of the City Manager. Any attempted assignment or sublet without prior written consent renders this Agreement void. Section 18. Payment for Utilities. Organization must pay for all utilities used by it or for any activity sponsored by Organization on the Premises on or prior to the due date for payment. Failure to pay any utility bill on or prior to the due date is grounds for termination of this Agreement. Section 19. Signs. (A) Organization must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) if Signs are approved, the Director, in writing, may require Organization to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Organization must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure (C) 12 to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Agreement. Prior to use of Premises for any of the following types of recreational activities (hockey and in -line hockey; skating, in -line skating, roller - skating, skateboarding, and roller - blading; soap box derby use; or paintball use); Organization must post and maintain a clearly readable sign in a clearly visible location on or near the premises. The sign shall contain the following warning language: WARNING TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE) LIMITS THE LIABILITY OF A GOVERNMENTAL UNIT FOR DAMAGES ARISING DIRECTLY FROM HOCKEY, 1N -LINE HOCKEY, SKATING, IN -LINE SKATING, ROLLER- SKATING, SKATEBOARDING, ROLLER- BLADING, PAINTBALL USE, OR SOAP BOX DERBY USE ON PREMISES THAT THE GOVERNMENTAL UNIT OWNS, OPERATES, OR MAINTAINS FOR THAT PURPOSE. Section 20. Advertising. The Director has the right to prohibit any advertising by Organization which impairs the reputation of the Premises or the City. Section 21. Security. Organization shall contract and pay for any and all security it requires at the Premises during the term of this Agreement. Section 22. Inspection. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Agreement. if an inspection reveals that maintenance is not being properly carried out, the Director, or his designee, may provide written notice to Organization demanding compliance. If Organization has not complied within five (5) days after receipt of the demand, the City may undertake the work and Organization shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice, Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Agreement. Alternatively, the City may elect to terminate this Agreement after ten (10) days written notice to Organization. Section 23. Non - Discrimination. Organization shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws 13 of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non- discrimination covenant. Section 24. Compliance with Laws. (A) Organization must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Agreement. This Agreement is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Agreement will be brought in Nueces County where this Agreement was executed and will be performed. (C) Organization shall immediately provide Parks Director with copy of any claim or notice of violation received from any Federal, State or local government agency. Section 26. Costs. Noncompliance with the terms herein may result in termination of this Agreement and repossession of the Premises and its Improvements by the City or its agents. if the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Organization must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 26. indemnity. Organization covenants to fully indemnify, save, and hold harmless the Corpus Christi Industrial Development Corporation, the City, their respective its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and Judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims), or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Organization's operations ; (2) the exercise of rights under this Agreement; (3) an act or omission, negligence, or misconduct on the part of other persons having involvement in, participation 14 with, or business with the Premises, Organization, or the Organization's program whether authorized with the express or implied invitation or permission of Organization (collectively, Organization's Invitees) entering upon the Premises or its Improvements pursuant to this Agreement, or trespassers entering upon the Premises or its improvements during Organization's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or In connection with the asserted or recovered incident. Organization covenants and agrees that if Corpus Christi Industrial Development Corporation ( "CCIDC') or City is made a party to any litigation against Organization or in Fly litigation commenced by any party, other than Organization relating to this Agreement, Organization shall; upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend CCIDC and City in all actions based thereon with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 27. insurance. (A) Organization must secure and maintain at Organization's expense, during the term of this Agreement, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit B, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit B constitutes grounds for „termination of this Agreement. (B) Organization must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit B ", to the Director and Risk Management or designee prior to commencing use of the Premises under this Agreement. (C) Organization must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Organization shall, during the term of this Agreement, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Organization shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management. 15 Section 28. Furniture. Fixtures and Equipment. City has no responsibility to furnish any equipment or furnishings for Organization. Parks Director retains right to approve all furnishings, and fixtures that may be installed in the Premises, prior to installation. At end of the Agreement, any property remaining on the Premises shall revert to the City for the City's use or disposal. Section 29. Director's Right to Access Premises. Organization shall provide Parks Director with keys to the Premises and a current contact list in event of emergency. Parks Director and designee have right to enter the Premises during regular hours of operation or at anytime in an emergency. Section 30. Appropriations. Organization recognizes that the continuation of any expenditure by the City, after the close of any fiscal year of the City, shall be subject to appropriations and budget approval providing for such expense as an expenditure in said budget. The City does not represent that said budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. Section 31. Warranty of Title. City and CCIDC do not warrant its title to the Premises. This agreement and the rights and privileges granted Organization in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Agreement may be construed to imply the conveyance to Organization of rights in the Premises that exceed those owned by City and CCIDC. Section 32. Notices. All notices, demands, requests, or replies provided for or permitted, under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; or, (3) by deposit with an overnight express delivery service, for which service has been prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. All such communications must only be made to the following: IF TO CITY or CCIDC: City of Corpus Christi Attn: Director of Park & Recreation P. 0. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880 -3461 IF TO ORGANIZATION: South Texas BMX, LLC Attn: President P. O. Box 18305 Corpus Christi, TX 78480 16 Either party 'may change the address to which notice is sent by using a method set out above. Organization will notify the City of an address change within thirty (30) days after the address is changed. Section 33. Amendments. No alterations, changes, or modifications of the terms of this Agreement nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. The City Manager is authorized to execute amendments which do not change the essential purpose of this Agreement. Section 34. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, shall betaken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (G) If any action by the Organization requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (0) Any waiver or indulgence of Organization's default of any provision of this Agreement shall not be considered an estoppel against the City. It is expressly under- stood that, if at any time Organization is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Agreement on account of said default. Section 35. Force Maieure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will Page 17 of 24 be temporarily suspended .during this period to the extent performance is reasonably affected. Section 36. Background Checks. Organization shall require satisfactory criminal background checks on each of its employees and any volunteers Section 37. Acceptance of Premises Disclaimer: A. ORGANIZATION ACKNOWLEDGES THAT IT IS SUBLEASING THE PREMISES AS IS" WITH ALL FAULTS, AS MAY EXIST ON THE PREMISES, AND THAT NEITHER CITY, CCIDC, NOR ANY EMPLOYEE OR AGENT OF THEM, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. ORGANIZATION HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. ORGANIZATION ACKNOWLEDGES AND AGREES THAT ORGANIZATION HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH ORGANIZATION INTENDS TO PUT THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. THIS SUBLEASE IS SUBJECT TO ALL COVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONS AND OTHER MATTERS OF RECORD AND NOT OF RECORD APPLICABLE TO THE PREMISES. B. ORGANIZATION ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT THERETO. ORGANIZATION ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. C. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS SUBLEASE. Section 38. Publication. Organization agrees to pay the cost of newspaper publication of this Agreement and related ordinance as required by the City Charter. Section 39. Ca tions. The captions in this Agreement are for convenience only, are not a part of is reement, and do not in any way limit or amplify the terms and provisions of this Agreement. Section 40. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent Page 18 of 24 jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 41. Complaint Notice. Organization will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 880 -3461 and talk to the Parks Director, or designee. Executed in duplicate originals on the day of 2012. ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa Ronald L. Olson City Secretary City Manager ORGANIZATION: South Texas BMX, LLC By: Name; Title: a-li- Date: mQV g---1 l v2.-. ca- STATE OF TEXAS COUNTY OF NUECES § § Page 19 of 24 This instrument was acknowledged before me on the „„day of ,2012— by Tr..C- -r 1' G4ck , as the Prtlael- , for South Texas BMX, LLC, a Texas limited liability corporation, on behalf of the corporation. Notary Public, State of Texas: Printed Name: MA:, c L ( L IK,./41 Commission expires: MRY AF NO ST MYCOMM19904 EXPIRES OCTOBER y 2014 Page 20 of 24 EXHIBIT A Property Description either survey or metes and bounds (to be inserted] Description of Improvements to be constructed by Organization /Organization: Approximately 1000 feet of track Concession stand 10' x 20' Lighting Fencing Gates SUM Oir TEXAIS OtiNTY Olt NUten BEING a tradtitif lanlitotitillitItigA50:AdreallSBARtSti. -Ftlytkflead outd-Teatt(3;411ff tylaasi.as.shown In Milian* 21):P.age;106:041tallilaWROceittalit Nttocee,600Wity,-,..10.m. Thieliii9:AcraTradt bairitt More paftleOlarirdesallbeaby Wittettadb_Otifidii 11�N f(EGINNING ita:•Poirtt-onliie sottiertSfAidundary- I hie Of .Harem -Park:Additioh recorded iri Volume gr 'pogo 5?of theMap-Rederda of -,NLiecce:Oourityc Texasi ftain--WhiCh:.a Found 1" Itori. Ploa-laearkNeta-261•01Wa:cliStandebt 614:01'; 11110140$1,010.116110Ealong the,southarly-boUndatyline:of :said-Slott( a a distance 014§0:.0040 EvIltiltit'frOm whidh a -Found iroo,P1p6,:lcAare. Stitr2.01ftVE, adlatence-,of 429.1:et being the nOrtheeSterly. cornerdtthialraot THENOtS2r2t0Arthrovgh -Traot-0..., 'Cliff Maus,a-s: rooitiatt in Volume -27, Page 00 .orthe Matt iReggEtis'Of -Ntoims-Clognty,.TeviA a distance -Of 400 00' a PolK 'barna the touthcastarlyoorneratlite-. tract; TRENOE:,N40911.61N Qoatinuing through eald Tract 6, a distance of 60040'• to a Point on a chain link :fame, being-the eovesterly corner-of this tract THENOEN3W23'24'S contIntlinglthrough eatellitot a dietatic•of817ttkthe POINT- AND PLAOR-OF BEGENNING4iridoontalning 3.59,Acres of land. arirfae arwJth yeferenceto-,alouthet4q1ounda or8lock5080P2611:014, Harlara Pat* AddittOttioreoer.dedinVolionat Page 57 ofte; ap Records offitueces DounIy, Texas. $.taflr011exes CNUntyO1'NuOce.a iquageiLD. 0.:611$.alite1stered P.r0f04000I Wind 'SuRsygrfor itta4ily-0.Oorpus herek:certify:that.thalotegoing 'field :nole*kmiere prepared by a UM aloof made ore tiwardkird under my direction. Ttlislhe le day of jUly, 2012 Di, 0 R(10900 c!. 90118, State OtTeXas Litense NO. .5;241 AAA4Ww-- Page 21 of 24 EXHIBIT B INSURANCkREQUIREMENTS E. ORGANI4ATION'S LIABILITY INSURANCE A. Organization must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Organization must not allow any subcontractor to commence work until all similar Insurance required of the subcontractor has been obtained. B. Organization must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with applicable policy endorsements, naming the City and the Corpus Christi Industrial Development Corporation as additional insureds for all liability policies. A blanket waiver of subrogation is required on all applicable policies showing the following minimum coverage by Insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, material change, non - renewal or termination Is required on all certificates or by policy endorsements Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability Including: 1. Commercial Form 2. Premises - Operations 3_ Products! Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury $1,000,000 COMBINED SINGLE LIMIT LIQUOR LIABILITY COVERAGE if liquor being served $1,000,000 COMBINED SINGLE LIMIT Property Coverage Organization is responsible for any and all damage to property or equipment used, regardless if owned, rented leased or borrowed. WORKER'S COMPENSATION. Applicable for paid employees which complies with the Texas Workers' Compensation Act and Section II of this Exhibit EMPLOYERS' LIABILITY $500,0001$500,000 /$500,000 . In the event of accidents of any kind, Organization must furnish the Risk Manager with copies of all reports of any accidents within ten (10) day of any accident. II, ADDITIONAL REQQIREMENTS Page 22 of 24 A. Applicable for paid employees, Organization must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Organization will be promptly met, B. Organization's financial integrity is of interest to the City; therefore, subject to Organizations right to maintain reasonable deductibles in such amounts as are approved by the City, Organization shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Organization's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Organization shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Organization shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager and P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Organization agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives the Corpus Christi Industrial Development Corporation as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other Insurance" clause shall not apply to the City of Corpus Christi where the City Is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. l±. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Organization shall provide a replacement Certificate of insurance and applicable endorsements to City. City shall have the option to suspend Organization's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 23 of 24 F. In addition to any other remedies the City may have upon Organization's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Organization to stop work hereunder, andfor withhold any payment(s) which become due to Organization hereunder until Organization demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Organization may be held responsible for payments of damages to persons or property resulting from Organization's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Organization's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Page 24 of 24 EXHIBIT C Schedule of Activities and Hours of Operation Attached as Exhibit is Organization Schedule of activities, Hours of Operation, Membership and User Fees EXHIBIT Schedule of Activities and Hours of Operation RN X12 eig;, EXHIBIT Membership and Use Fees lotwirgingre Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $79,188.69 to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 13, with a City match of $16,731.84, in -kind match of $4,000 in the No. 1020 Police General Fund; and appropriating the $79,188.69 in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department and authorizing the transfer of $16,731.84 from the No. 1020 Cash Contribution to and appropriating in the No. 1061 Police Grants Fund as grant matching funds for a total project cost of $99,920.53. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $79,188.69 to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 13, with a City match of $16,731.84, in -kind match of $4,000 in the No. 1020 Police General Fund SECTION 2. That $79,188.69 grant is appropriated in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department and authorizing the transfer of $16,731.84 from the No. 1020 Cash Contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds for a total project cost of $99,920.53. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012 by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr Mark Scott Priscilla G. Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor State of Texas Office of the Governor Criminal Justice Division Rick Perry Governor August 29, 2012 Mr. Troy Riggs Assistant City Manager PREVIEW - Corpus Christi, City of - PREVIEW - 321 John Sartain Corpus Christi, Texas 78401-2511 Dear Mr, Riggs: Congratulations on your award! To activate your agency's grant, the Authorized Official must log on to eGrants at httoslictdonlinc.Rovernoi.state.tx us and go to the 'My Home' tab. In the Project Status' column, locate the application that is in `Pending Acceptance of Award' status. Click on the grant number and proceed to the 'Accept Award' tab. From this tab, click on the 'Accept' button. Be sure to review the attached memo for a quick overview of general items every grantee should be aware of. You can also find more detailed information on the eGrants website including helpful resources, links, and tools needed to properly administer CID grants; an eGrants Users Guide; and the new Guide to Grants containing answers to questions frequently asked by grantees. The Public Policy Research Institute (PPRI) at Texas A&M University will send a detailed information packet to the Project Director containing progress reporting forms and instructions on completing and submitting those forms. I hope you continue to find the online environment of eGrants to be a positive experience. We are continually improving the efficiency of processes so that you can dedicate your time to the priorities of service within your communities. We look forward to working with you to ensue the success of your program. Sincerely, Christopher Burnett Executive Director Post Office Box 12428 Austin, Texas 78711 (512) 463-1919 (Voice) / (512) 475-2440 (FAX)! Dial 7-1-1 For Relay Services OFFICE OF Tilt: GOVERNOR CRIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD Grant Number: VA- 12 -V30- 15223 -13 CFDA or State ID: 16.575 Program Fund: VA- Victims of Crime Act Formula Grant Program Grantee Name: PREVIEW - Corpus Christi, City of - PREVIEW - Project Tide: Victims of Crime Act Grant Period: 09/01/2012 - 08/31/2013 Liquidation Date: 11/29/2013 Date Awarded: August 29, 2012 CJD Grant Manager: Kaity Cromwell CJD Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost $79,188.69 $16,731.84 $4,000.00 $99,920.53 The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund- Specific Requirement(s), if any, cited below: condition(a) of Funding and Other Fund- Specific Requiremant(s): Resolution: Except for state agencies, each applicant agency must submit a resolution from the applicable governing body (such as the city council, county caromissioners' court, school board, or board of directors) electronically using the 'Upload' function in the eGrants system. The current resolution designates the City Manager as the authorized official; however, the authorized official listed on the grant profile, is the Chief of Police. This will need to be reconciled by either subm ission of a revised resolution or update the authorized official information. In addition, the current resolution states that cash match in the amount of $14,731.84 will be provided; however, the application indicates that the amount of required cash match is $16,731.84. The resolution needs to provide sufficient cash match. Rick Perry Governor State of Texas OH ice of the Governor Criminal Justice Division Memorandum To: CJD Grant Recipients From: Aimee Snoddy, Deputy Director Contact: (512) 463-1919 Re: Grantee Responsibilities Date Awarded: August 29, 2012 Congratulations on your grant award from Governor Rick Perry's Criminal Justice Division (CJD). It is important to make you aware of a few things to consider as you implement strategies to successfully manage your program. For more information and resources, refer to the Grant Resources section of eGrants available online at hit 'donline overnor.state Financial Reporting—Financial Status Reports must be submitted to CJD via eGrants. Financial Status Reports may be submitted monthly but must be submitted at least quarterly. Financial Status Reports are due after each calendar quarter, regardless of when the grant was awarded. Due dates are: April 22 (January-March quarter) July 22 (April-June quarter) October 22 (July-September quarter) January 22 (October-December quarter) The final Financial Status Report must be submitted to CJD on or before the grant liquidation date or funds will lapse and CJD will provide them as grants to others who need the funding. Payment Authorization — Payments will be generated based on expenditures reported in the Financial Status Reports. Upon CJD approval of the Financial Status Report, a payment will be issued through direct deposit or electronic transfer. Generated Program Income — Any income generated as a direct result of the grant activities must be reported to CJD through the Financial Status Report and grant adjustment processes. Program income must be expended prior to seeking payments from CJD. Program income must be accounted and used for the purposes of the grant activites as awarded. Grant Funded Personnel — Staff whose salaries are supported by this award must be made aware that continued funding is contingent upon the availability of appropriated funds as well as the outcome of the annual application review conducted by CJD. Project Changes — Grantees may submit a request for grant adjustment via eGrants for any proposed budgetary or programmatic changes, including updating contact information for grant officials. Equipment — Equipment purchased with grant funds must be used for the purpose of the grant and as approved by CJD. An inventory report should be kept on file containing all equipment purchased with any grant funds during the grant period. This report must agree with the approved grant budget and the final Financial Status Report. Fidelity Bond — Each nonprofit corporation receiving funds from CJD will obtain and have on file a blanket fidelity bond that indemnifies CID against the loss and/or theft of the entire amount of grant funds, including matching funds. The fidelity bond should cover at least the CJD grant period. Required Notifications — Grantees must immediately notify CJD in writing of any misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant requirements. Grantees must notify the local prosecutor s office of any possible criminal violations. Grantees must immediately notify CJD in writing if a project or project personnel become involved in any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand notices, subpoenas, lawsuits, or indictments to CJD. If a federal or state court or administrative agency renders a judgment or order finding discrimination by a grantee based on race, color, national origin, sex, age, or handicap, the grantee agrees to immediately forward a copy of the judgment or order to CJD. Project Effectiveness — Grantees should regularly evaluate the effectiveness of their projects. This includes a reassessment of project activities and services to determine whether they continue to be effective. Grantees must show that their activities and services effectively address and achieve the project's stated purpose. Programmatic Reporting— Grantees must submit required reports regarding grant information, performance, and progress towards goals and objectives in accordance with the instnictions pmvided by CID, or its designee. To remain eligible for funding, the grantee must be able to show the scope of services provided and the impact and quality of those services. Monitoring — Grantees must readily make available to CJD or its agents all requested records. CJD may make unannounced monitoring visits at any time. The grantee must make every effort to resolve all issues, findings, or actions identified by CJD within the time frame specified by CJD, Audit Requirements — Grantees expending over $500,000 in state or federal grant funds during the fiscal year are subject to the Single Audit requirements set forth in OMB Circular No. A 133 at litto://ww i te ho use.gov/oin b/circulars/index.hltul and the State Single Audit Circular issued under the Uniform Grant Management Standards (UGMS) at htip://www.governo r.state.tx.tislesants/ what/. Grantees must electronics'' submit to CJD copies of the results of any single audit conducted in accordance with OMB Circular No. A-133 at hitp://www.whitehouse.gov/omb/circulars/indexiuml or in accordance with the State Single Audit Circular issued under UGMS, within 30 calendar days after the grantee receives the audit results or nine months after the end of the audit period, whichever is earlier. Supplanting — Awarded funds must be used to supplement existing funds for program activities and not replace (supplant) funds that have been appropriated for the same purpose. Grant monitors and auditors will look for potential supplanting during reviews. Violations may result in a range of penalties, including suspension of future funds, suspension or debarment from receiving federal or state grants, recoupment of monies provided under the grant, and civil or criminal penalties. Refer to the Guide to Grants at hit ps://ci do 'Ili ne.govel no r.state. tx. pda tes.as px for additional information on supplanting. Conflict of Interest — Grantees should have in place established safeguards to prohibit employees from using their positions fora purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Contracting and Procurement — Grantees must follow their established policy and best practices for procuring goods or services with grant funds. Contracts must be routinely monitored for delivery of services or goods. When a contractual or equipment procurement is anticipated to be in excess of $100,000, grantees must submit a Procurement Questionnaire linos //cidonline governor she Ix us/updates aspx to CJD for approval prior to procurement. Travel — Grantees must follow their established policies and good fiscal stewardship related to travel expenses. If the grantee does not have established policies regarding in-state and out-of-state travel, grantee must use the travel guidelines established for state employees. Uniform Crime Reporting — Local units of governments receiving funds from CJD must comply with all requirements for uniform crime reporting and will ensure that prompt reporting will remain current throughout the grant period. Limited English Proficiency — Grantees must take reasonable steps to ensure that persons with limited English proficiency have meaningful access to services. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. Additional information on this requirement can be found at Intri//www lei) gov. Law Enforcement Programs — Law enforcement programs receiving funds from CJD must be in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. 28 C.F.R. Part 23 Training - Any grant funded individual responsible for entering information into or retrieving information from an intelligence database must complete continuing education training on operating principles described by 28 C.F.R. Part 23 at least once for each continuous two-year period the person has primary responsibility for entering data into or retrieving data from an intelligence database. Programs Approved to Pay Overtime for Personnel - Overtime is allowable to the extent that it is included in the CJD approved budget. Overtime reimbursements paid by CJD will be based on the following seven eligibility requirements: (I) Federal regulations governing these funds prohibit use of grant funds to pay an individual for the same hours in which the individual is being paid by a unit of government. For example, if an officer's regular work hours are 7 a.m. to 4 p.m. and he takes a day of paid annual leave, he is not eligible to be reimbursed with grant funds for any hours he voluntarily works between 7 a.m. and 4 p.m. He may be eligible for any hours worked that day outside of 7 a.m. to 4 p.m. provided the hours worked comply with the grantee agency's requirements for hours worked prior to eligibility for overtime pay. The regulation regarding hours of eligibility for overtime does not apply to an officer who volunteers to work on his regularly scheduled days off provided he complies with the grantee agency's requirements for hours worked prior to eligibility for overtime pay. (2) Hours worked is defined as physical hours on the job and does not include paid annual leave, compensatory leave, sick leave, holiday leave or other paid leave, (3) On-call hours should not be included in physical hours worked or as eligible hours for overtime. (4) Personnel receiving grant funds for overtime must maintain time and activity reports for all time physically worked. The activity description should include detailed information about the actual activities performed. (5) Time should be recorded to the nearest quarter hour. (6) Grantee records must include a clear calculation in how the overtime was computed. (7) Overtime payments issued outside this policy are the responsibility of the grantee agency. Cancellation for Awards - Grantees must take reasonable steps to commence project activities upon receiving notice of a grant award: Commencement Within 60 Days. If a project is not operational within 60 days of the original start date of the award period or gmnt award date as noted on this memorandum, whichever is later, the grantee must report by letter to CJD the steps taken to initiate the project, the reasons for delay, and the expected revised start date. Commencement Within 90 Day& If a project is not operational within 90 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later, the grantee must submit a second statement to CJD explaining the implementation delay. Upon receipt of the 90-day letter, CJD may cancel the project and redistribute the funds to other project areas. CJD may also, where extenuating circumstances warrant, extend the implementation date of the project past the 90-day period. Public Information Requests - Grantees must immediately notify and provide a copy to CJD of any Public Information Request received by the agency related to this grant award. Prohibited Acts of Agencies and Individuals Grant funds may not be used in connection with the following acts by agencies or individuals employed by grant funds: • Grant funds may not be used to finance or otherwise support the candidacy of a person for an elected local, state, or federal office. This prohibition extends to the direct or indirect employment of a person to perform an action described by this subsection. In addition, grant-funded or grant-leased motor vehicles may not be used for the purpose described above, • Grant officials or grant funded employees may not use official authority or influence or permit the use of a program administered by the grantee agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. • Grant funded employees may not coerce, attempt to coerce, command, restrict, attempt to restrict, or prevent the payment, loan, or contribution of anything of value to a person or political organization for a political purpose. • Grantees must comply with the federal Hatch Act (5 U.S.C. §§ 1501- 1508) which restricts the political activity of some state and local employees who work in connection with federally funded programs. Covered state and local employees may not: I) be candidates for public office in a partisan election; 2) use official authority or influence to interfere with or affect the results of an election or nomination; or, 3) directly or indirectly coerce contributions from subordinates in support of a political party or candidate. Employment of a Lobbyist - Grant funds may not be used to employ, as a regular full-time or part-time or contract employee, a person who is required by Chapter 305 of the Government Code to register as a lobbyist Furthermore, grant funds may not be used to pay, on behalf of the agency or an officer or employee of the agency, membership dues to an organization that pays part or all of the salary of a person who is required by Chapter 305 of the Government Code to register as a lobbyist. Legislative Lobbying - Grant funds may not be used to attempt ID influence the passage or defeat of a legislative measure. Use of Alcoholic Beverages - Grant funds may not be used to compensate an officer or employee who uses alcoholic beverages on active duty. In addition, grant funds may not be used to purchase an alcoholic beverage or to pay or reimburse a travel expense that was incurred for an alcoholic beverage. OneStar Foundation Registration and Organization Profile for Nonprofit Corporations - Each nonprofit corporation receiving funds from CJD must register and connect their organization with the OneStar Foundation at hap //www,onestarfoundation org/page/repistia1ion/. Each nonprofit corporation is also encouraged to create an organizational profile with the OneStar Foundation at IM 3' f wv w onestarfoundation,or / a dor - totile. By completing the Organizational Profile, your organization will be eligible to receive notification of opportunities, such as: • Organizational excellence scholarships to build the capacity of your organization, including organizational assessments, trainings, consulting, conferences and other professional development activities; • Funding announcements and events related to national service and volunteerism; and • Chances to participate in important research on the needs and trends of the social sector and its stakeholders. DATE: TO: AGENDA MEMORANDUM Future Item for the City Council Meeting of September 18, 2012 Action Item for the City Council Meeting of September 25, 2012 9/25/2012 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(a�cctexas. cam 361- 826 -3169 Floyd Simpson, Chief of Police f loyds(c�cctexas. com 361- 886 -2604 In -Car Video Recording System CAPTION: Ordinance appropriating $1,216,225 in the General Fund No. 1020 for the purchase of 164 vehicle video recording systems for the Police Department's patrol fleet; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing appropriations by $1,216,225; transferring an amount of $80,000 from the General Fund No. 1020 to and appropriating in the MIS Fund No. 5210 to facilitate completion of the fiber network for use by the Tuloso and Waldron Police Department Substations; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenues and appropriations by $80,000 each; awarding and authorizing the purchase of 164 vehicle video recording systems from Coban Technologies, Inc. for $1,426,611.30 based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). Funds for this purchase are available in the General Fund 1020. PURPOSE: The video recording systems will be used to record traffic stops and crime scenes that patrol officers encounter in their day to day duties. BACKGROUND AND FINDINGS: Funds to purchase 164 video recording systems from Coban Technologies are being funded by a transfer from the Unreserved Fund Balance in the Liability and Employee Benefits - General Liability Fund No. 5611 to the General Fund 1020 in the amount of $1,520,000. This transfer has been included in the FY 2012 -2013 annual budget. Additionally, $303,775 has been appropriated into the General Fund through the FY 2012 -2013 budgeted process. Therefore, $1,216,225 is appropriated to finalize this purchase. The $80,000 received from the General Fund No. 1020 will be utilized by the MIS Department to facilitate completion of the fiber network for use by the Tuloso and Waldron Police Department Substations. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON- EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: MIS Department and Police Department FINANCIAL IMPACT: Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,520,000.00 $1,520,000.00 Encumbered / Expended Amount This item $1,506,611.30 $1,506,611.30 BALANCE $13,388.70 $13,388.70 Fund(s): Current year: General Fund No. 1020 and MIS Fund No. 5210 Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Presentation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - GABRIEL MALDONADO DATE: SEPTEMBER 25, 2012 Price Sheet HGACBUY- CONTRACT NO. EF04 -11 Purchase of In -Car Video Recording Systems ITEM DESCRIPTION QTY. UNIT UNIT PRICE TOTAL PRICE 1. In -Car Video Recording System 152 Each $4,333.00 $658,616.00 Edge - 5.7" Monitor System Camera & Microphone 2. In -Car Equipment, Hardware, Software & Confirguration, 1 Lot 447,627.35 447,627.35 Installation, Personnel Training, Shipping Serves - Main and Back Up Solution, Tulso, Saratoga and Flour Bluff (3 yrs warranty) 3 Motorcycle Recording System 12 Each 4,900.00 58,800.00 4. Motorcycle Options, Mounting Hardware & Installation 1 Lot 18,909.00 18,909.00 5. In -Car & Motorcycle - DVMS Maintenance, Support & 1 Lot 61,500.00 61,500.00 Upgrades to cover 152 units & 12 motorcyles for 3 years. 6. Wireless Equipment 1 Lot 181,158.95 181,158.95 Award Total $1,426,611.30 Page 1 of 2 Ordinance appropriating $1,216,225 in the General Fund No. 1020 for the purchase of 164 vehicle video recording systems for the Police Department's patrol fleet; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing appropriations by $1,216,225; transferring an amount of $80,000 from the General Fund No. 1020 to and appropriating in the MIS Fund No. 5210 to facilitate completion of the fiber network for use by the Tuloso and Waldron Police Department Substations; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenues and appropriations by $80,000 each; awarding and authorizing the purchase of 164 vehicle video recording systems from Coban Technologies, Inc. for $1,426,611.30 based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $1,216,225 from the General Fund No. 1020 is appropriated for the purchase of 164 vehicle video recording systems for the Police Department's patrol fleet. Section 2. The FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 is changed to increase appropriations by $1,216,225. Section 3. An amount of $80,000 from the General Fund No. 1020 is transferred to and appropriated in the MIS Fund No. 5210 to facilitate completion of the fiber network for use by the Tuloso and Waldron Police Department Substations. Section 4. The FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 is changed to increase revenues and appropriations in the MIS Fund No. 5210 by $80,000 each. Section 5. The purchase of 164 vehicle video recording systems from Coban Technologies, Inc., of Stafford, Texas for $1,426,611.30 is authorized and awarded based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla G. Leal The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor a) U • • 0 a) 'ct5 c0 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 18, 2012 Action Item for the City Council Meeting of September 25, 2012 DATE: 09/05/12 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director, Development Services MarkVV @cctexas.com (361) 826-3246 Request fora Deferment Agreement with Calallen Retail Partners, L.P., developer of Nueces River Irrigation Park, Block 2, Lots 21 - 28 CAPTION: Motion finding reasonable cause exists to delay completion of public improvements in accordance with Section 8.1.10.B of the Unified Development Code and authorizing the City Manager, or designee, to execute a deferment agreement with Calallen Retail Partners, L.P. ( "Developer"), in the amount of $228,800.00 for public wastewater improvements to the property located at the southeast corner of Farm to Market Rd. 624 (Northwest Blvd.) and Farm to Market Rd. 1889, contingent upon receipt of a letter of credit approved by the City prior to the filing of the final plat by the Developer. PURPOSE: Allow the Developer to record the plat and thus allow a building permit to be issued for the start of construction. BACKGROUND AND FINDINGS: Calallen Retail Partners, L.P., is requesting a Deferment Agreement for the platting and development of Nueces River Irrigation Park, Block 2, Lots 21 - 28, as shown on the final plat. The subdivision is at the Southeast corner of Farm to Market Rd. 624 (Northwest Blvd.) and Farm to Market Rd. 1889. The proposed improvements will provide adequate waste water to the proposed development. A layout of existing and proposed improvements is included as shown in Exhibit 2 of the deferment agreement. ALTERNATIVES: Denial of the Deferment Agreement OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending waste water to serve the proposed development and has requested a Deferment Agreement, as provided in the Unified Development Code. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Deferment Agreement with Exhibits Exhibit 1: Final Plat Exhibit 2: Plans and Specifications Exhibit 3: Engineer's Cost Estimate DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This deferment agreement ( "Deferment Agreement ") is entered into between the City of Corpus Christi, a Texas home -rule municipality ( "City "), and Calallen Retail Partners, L.P. a Texas limited partnership ( "Developer "), to defer the completion of certain public improvements prior to recording the final plat of Nueces River. Irrigation Park, Block 2, Lots 21 — 28 ( "Plat "). The owners of the affected real property subject to the Plat and benefitted by this Deferment Agreement, to wit: Lois Lowman, Connie Diane Brown Polk Laing, Herman Bruce Lowman, NRIP, LLC, and Cloudcroft Land Ventures, Inc., seek to have the Developer, acting as agent on the owners' behalf, enter into this Deferment Agreement with the City to defer construction of the required real property public improvements. WHEREAS, the Developer is obligated under Section 8.1.11, of the Unified Development Code ( "UDC ") to construct seventy -five percent (75 %) of the required public improvements before the final Plat is endorsed by the City Engineer for recordation; WHEREAS, the Developer is seeking to delay, for a period of two (2) years, the completion of construction of the required wastewater public improvements ( "Deferred Improvements ") and have the Plat filed immediately with the County Clerk of Nueces County, Texas, by entering into this Deferment Agreement with the City; WHEREAS, on September 12, 2012, the Planning Commission recommended execution by the City of this Deferment Agreement with the Developer, subject to the City Council affirmatively finding that there exists probable cause to . delay the completion of public improvements in accordance with 8.1.10.B of the UDC; WHEREAS, the Developer will, prior to recording the Plat, deposit with the City an irrevocable letter of credit in the amount of Two Hundred Twenty Eight Thousand 'Eight Hundred and No 001100 Dollars ($228,800.00), which represents 110% of the estimated cost of constructing the deferred public improvements; and WHEREAS, the Developer has completed all other subdivision requirements, park dedications, park deferment agreements, maintenance agreements, and special covenants required by Section 8.1.10.8. of the UDC, and water and sewer service are available to serve the affected real property that is the subject of the Plat. NOW, THEREFORE, for the consideration set forth in this instrument and subject to full compliance with the conditions stated in this Deferment Agreement by both parties, the City and Developer agree as follows: 1. The City shall waive the requirement that construction of the Deferred Improvements be at least 75% completed before the final Plat, as shown in Exhibit "'t," is endorsed by the City Engineer and filed for record with the County Clerk of Nueces County, Texas, and further agrees to allow the Developer to delay construction of the Deferred Improvements, as shown in Exhibit "2," for two (2) years from the date of final execution of this Deferment Agreement. Exhibit "1" and Exhibit "2" are attached to this Deferment Agreement and incorporated into this document by reference. 2. The Developer agrees to deposit Two Hundred Twenty Eight Thousand Eight Hundred and No 001100 Dollars ($228,800,00) in the form of an irrevocable letter of credit, naming the City as beneficiary. The irrevocable letter of credit must be issued by a bank with offices in Corpus Christi, Texas, for 110% of the cost of the Deferred Improvements as estimated by Developer's engineer and accepted by the City's Assistant City Manager of Development Services, as such costs are shown in Exhibit "3," which exhibit is attached to this Deferment Agreement and incorporated into this document by reference. The irrevocable letter of credit must be posted by the Developer prior to the recording of the Plat with the County Clerk and, if the required letter of credit is not made by that time, this Deferment Agreement shall be null and void. 3. The form of the irrevocable letter of credit must be approved by the City's Director of Financial Services, be valid for a period of six (6) months or more, and require, as sole documentation for payment, a statement in writing from the Director of Development Services setting forth (1) the circumstances of default giving rise to the draft or (ii) the failure to furnish proof of renewal not less than thirty (30) days prior to the expiration of the then current letter of credit [see paragraph 4 below regarding renewal], and accompanied by a properly drawn draft not to exceed the face value of the letter of credit, 4. The Developer must ensure that the letter of credit is kept valid at all times. The letter of credit must be renewed by the Developer before expiration and proof of such renewal must be received by the City at least thirty (30) days prior to the expiration of the then current letter of credit. If no renewal is received, or cash in lieu thereof, the City may, after ten (10) days prior written notice to the Developer, call (redeem) the letter of credit for failure to timely renew. If the letter of credit is called for failure to timely renew, the funds will be held in an account as if cash had been posted for this Deferment Agreement in lieu of the letter of credit. The City shall not be liable for interest on any letter of credit so called. 5. Detailed construction drawings must be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction of the Deferred Improvements by the Developer. 6. The Developer shall construct the Deferred Improvements in accordance with the City's . engineering standards in effect at the time of construction and in accordance with the construction drawings approved by the City departments pursuant to paragraph 5 above. Deferment Agreement.4.doc Page 2 of 6 '7. Upon (i) completion of the Deferred Improvements by Developer within two (2) years from the execution date of this Deferment Agreement (or such later time as may be mutually agreed upon in writing by both parties, subject to adequate financial security and in no event extending beyond the maximum five -year completion time specified in the UDC); (11) acceptance of the Deferred Improvements by the City Engineer; and (iii) compliance by the Developer with all remaining terms of the Deferment Agreement, the City Engineer shall: a. Immediately release Developer by mailing a release letter to: Calallen Retail Partners, L.P. Attn: Steve Durhman 100 E. Anderson Lane, Suite 200 Austin, Texas 78752 b. Return to the Developer within sixty (60) days of the completion of the construction of the Deferred Improvements and settlement of all construction costs, or within sixty (60) days of acceptance of the Deferred Improvements by the City, whichever is later, any balance remaining of ail monies received by the City from the letter of credit or other financial security posted pursuant to this Deferment Agreement. 8. The City and Developer agree that, if the Developer formally vacates the Plat, with the approval of the Planning Commission, prior to the deadline for completion of the construction of the Deferred Improvements, any money received by the City from the Developer remaining on deposit will be released and immediately returned to the Developer. 9. If the Developer defaults in any of its covenants or obligations under this Deferment Agreement [excluding failure to timely renew the letter of credit, for which default conditions are addressed separately], the City Engineer will send written notice to the Developer and Project Engineer, advising Developer of the default and giving Developer thirty (30) days (or such longer period of time as may be reasonably necessary under the circumstances) from date of receipt of the notice letter to cure the default. If the Developer fails to cure the default after receipt of notice and opportunity to cure, the City shall call (redeem) the letter of credit and the City Engineer will transfer any monies received to the appropriate fund of the City to complete the Deferred Improvements. 10. As accordance with the UDC, the City may require an increase in the financial security required under this Deferment Agreement on an annual basis if the Developer's engineer or the City reasonably determines that the financial security does not provide for 110% coverage of the estimated construction costs, Furthermore, the City may accelerate payment or performance or require additional financial security when the City deems itself insecure as to the prospect of payment or performance on a demonstrated, reasonable basis. In the event the Developer fails to deposit any increased security required, after DefermentAgreementA.doc Page 3 of 6 notice to the Developer and opportunity to cure, the City may deem this Deferment Agreement in default. 11. The City reserves the right not to issue Certificates of Occupancy for all or any portion of the affected real property that is the subject of the Plat until the Deferred Improvements are constructed, installed, completed, and accepted by the City Engineer in accordance with the provisions of this Deferment Agreement. 12, The Developer covenants to construct the Deferred Improvements required by this Deferment Agreement, and this covenant shall be a covenant running with the land. The City Engineer, at Developer's expense, shall file this Deferment Agreement in the official deed records of Nueces County, Texas. 13. No party may assign this Deferment Agreement or any rights under this Deferment Agreement without the prior written approval of the other party; provided, however, Developer may assign this Deferment Agreement to (i) an entity controlled by Ca'alien Retail Partners, L.P. or (11) HEB Grocery Company, L.P., without the prior written approval of the City so long as the assignee is held to comply with all conditions of this Deferment Agreement by a separate legally binding agreement and posts sufficient financial security, such financial security being subject to advance approval of the City. 14. Unless otherwise stated herein, any notice required or permitted to be given under this Deferment Agreement shall be in writing and sent by certified mail, return receipt requested. Any party may, by notice to the other in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes. For purposes of notice, the Developer's address is stated in paragraph 7, and the City's address is as follows: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street Corpus Christi, Texas 78406 15. This Deferment Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Deferment Agreement are performable in Nueces County, Texas. Venue for all actions arising from or related to this Deferment Agreement must be brought in Nueces County, Texas. 16. The Developer shall, in compliance with the City of Corpus Christi Ordinance No. 17112, complete, as part of this Deferment Agreement, the "Disclosure of Interests" form attached to this document as Exhibit "4." A completed version of Exhibit "4" by the Developer forms a part of this Deferment Agreement, the content of the completed form being incorporated by reference into this Deferment Agreement as if set out here in its entirety. Deferment Agreemenf.4.doc Page 4 of 6 17. The parties agree that the language and provisions represented in the preamble (beginning) portions of this document are incorporated by reference into this Deferment Agreement as substantive content upon which the parties may rely. 18. All signatories signing this Deferment Agreement warrant and guarantee that they have the authority to act on behalf of the person(s) or entity(ies) represented and make this Deferment Agreement binding and enforceable by their signature. 19, This Deferment Agreement is to be executed in triplicate, each of which constitutes an original document, This Deferment Agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, on behalf of the affected real property owners, from and after the date that all original documents have been executed by the signatories. EXECUTED in triplicate originals this , day of STATE OF TEXAS COUNTY OF TRAVIS § DEVELOPER: 2012. Calallen Retail Partners, L.P., a Texas limited partnership By: Cal. (en GP, LLC, its general partner S Durhman Manager This instrument was acknowledged before me on the ( day of `,�" E'il , 2012, by Steve Durhman, Manager, Calallen GP, LLC, who is the General Partne of Calallen Retail Partners, L.P„ on behalf of said company. JULIE CALLIS Notary Puerto, slate of Texas My Commission Experes OCT. 25, 2012 L: 04) Note P blic, State of Texas Deferment Agreement.4.doo Page 5 of 6 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Wes Pierson City Secretary Assistant City Manager STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of , 2012, by Wes Pierson, Assistant City Manager, City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas APPROVED AS TO FORM: , 2012 Elizabeth Hundley Assistant City Attorney for Carlos Valdez, City Attorney Deferment Agreement.4.doc Page 6 of 6 1 g I LL ka9 if %'Y�' . gl vs AE AZ'09Z 3,150Z1E95 8 x�@ .9Fga 3-l9AE.199 m l9"ON AO 3 133H 338 3N11 HOIVY4 .OL'4LOL M,LLZC.60N / AO'OOL 3.4i.31,O9S J 1 ti g 115 o I •a • k�b 5K 6 g 1h lir b b aXg% i go g p. A lh 1 g2 gli 1 1 ! ! J 1 3 a ai El i Ili 5 , i �@ i I - gg 0 o 01 4), 1 e. 0a� ,-4 K g a ii _ ro ° 11 Q lip" 4 Ii glq at SA L 1. b w z 0 INS 4 a b E del i ; v g ip l 00/1 it i5 Op I •omytau./ P•Ilod + a' pN ltoossell6l\LYId\S000C \SPIfOI\ J ' 'tV - EIUE 93 1 s resiaalttos 4 Lu Z P , NORTHWEST BOULEVARD (FM 624) OE (150' p,o.W.) • ,EL'L66 a.1.0.14.498 9f} l "11 —.-------_.Y-_y-- $ — __acasL A 4 8 l $ 1 It , 0 1 11 I I ; i LW l'e''...'--- 11 y ----- - ---- a JO! 133H9 339 aNn HO1VV tg 91 1 w 5 Gay 4 .4 lira flip rtg 061 TIE g !lb 1.11:11:; g i s !_ WE a pa 8 X A 4 147 4X1 °' 4 El 15� 3 1 I� ; Vb 12 L m a �r dL 1 R C R 0 0 8 .4010.1 Aq P•11ald 6•➢Y OOPPPLIOLUYINi0009\591191\O .44:0 ;10; y9 N5 g000 Z •f�' 4 111 F 1 d3 3 1 1 !] r1 11 RIi 1 1 3401 yii�,Y; 7 =p # s i8 gg R' ga S 6n� (eFT`'� �p' ���� ga�lIa IN Y7 " Y a 4l i Re 9 ##'��g��1Rd�1 z Ili! E Yeak i' 2 °€I} 1l .s a 1 Er 11 i 4rg E x 111 'i i 71 [[ i; l(3R i Iq 1 I t !hi x 6l Iq E 11� ill i ► 111P w• �5� 14 iriR i 1 „ g 1 i €1 r, 1 s I i 11; Igo/ if t 111 ' it i r4q 1#, ;lei 1 1 1 0 K E,1 a t! ki, g ys.4 0 hst, 00 11 ►vi I l l L I i ail q r gg l 6�. i i lot g 8 9li ! qb i s I �1 it N i 114 l; Ills igr 1 1 yi hp i J 8 � ! � � a � i �,� x� � d q19 �� r�� � R r r�. i� la o•.' 9 14.441 0 r r 4 R 111 it i ytl . r a 1 6 t i� W k 3 11.:012/241.0 i— `► 1 /4 11 i$ 5$ _ its �p is 1 1 11 6 11 .igdi 12! a �a11 g� i 111 i. 1 y, �y Il ijI , ; Di a Nth, Ili r g{ S I W � 111 tFyyF u� „Cy ., 3, py ya �t ' i p g141 U p 4 Olaf is Id qi i iFai In 1i 4p e q 6! a 1 1 3- R7 { ►, a. ,�a6 i i :kid ... g r1:q R, , fun .. • .. a Or g Liji u` v „ • Q�dE rr i¢¢ iiiii, ill 1 II f ill 0. p R z g ii I :y Li W ,_ 5 8 Ili 01 i 11 A A; IA N111111 it No II A Ikt 1 i 11 1 i il 1111 1 41 co U 100 411111iq 11 a11111101Yilli;! liii It ° q 1! 1 111 d 15 nllillIl a el i 5f 9li qileiiiiiiTli144/1114 ryi r • PtlF�1€1� -f U / 1 0 i 1 . 55iaiK Z li ib !1111111 1111 ieiiili iii iiiMi llii � ii i;1 �r ilIl1 ! !1! li li!ill 03 0+ + .1 a .1 Y r 0 a di 'Joe.: Y cO an s 0 A I41,Md1ErW 1111.1 11 •.WW.1 I. 1110.11111 1V *MM. III eJaain'd +Lg 4 w Y (439 Wd) + avni(1O9 SNOIJ,d0ld[OJd5 A L10 183MH1!!ON Q 8891 NU 1V1Ol 3WWOO NTTIV1VO 01 11N31438VNYW O5101S1 NYB 40004-0,1101011 I 111 UYd 1111 W ff17Y .. w» v� (IrWW11PO1M414..0,91I40,4- - 144re4410.0•110 24.1a \� .1 %1'1N 4119104 - e, i' 4141 J1 i 1411 u'1 , 11 iI ill i� 1€ j '` 11 ii ' , !e ? '1 , 1€ ill 1i11 1} el 114111111 h 1 1 {1 Ili }1 11 !Ili'. lqi i' 41 „1 11'1 '1 �)H;I1 14 1111. 41111 1.111 1(111! 1": 11,° { l a III r I'' 111 Illi 1 1' 9dli';;p'rl{1; ! 1 111 iii !11 .11, 1: Mil !Lill III ill; }1' 1 111i'i 1 1 !1I ' 11 i,1 li 11111 1 1 111 1'1111111 1 1 1,11 144 111 1,1111 i 11 j ;1,i,1F� 1 s; 41114 11.111 1111-1'11111111 ;1,1 11.11 1111;€ 111 11111 {] 1111 1 i 1 @1 1i 1E�'11 1 1111' 1iI111i1 1 ,# j :111 1,11 111 rr 11' le 1i1 111.111 1111,1 F it ee J11 19 1, it, ,I}l1 11' a 1111111111111 €,1111' 111111111111E ,� 1 1,111 I J1- '11]1 111 ti 11111 11 i l € 11111 �,1 1 1 111,11 1 111' 1111 9 11 1111€ 11 11 ,, 11 1 ji 11._41 �1 ie €1,i 1,1 ! 11 1,1;1. 11 Ili ,r 1 11 /114 �,1lli 11 1 1 ,e F !1 8114;1 '1;1 11 !1 !Ii 1! h1i't '1111 111!11}7 111 '11 41 i €t1 }I !1111111113 ii1ui III U11 CV A_ N c !e 1111 i 11 le�ii 1liilill' 13 e1E1 1€ 1 11 1g1lFl -01. e.e! €ex{ a Feie 1' !!'111!!11 '1'11111 Y1i1 11 r 1111;1 ]1111 111;11'111 4,4 11 X11 I 11 1'111 4111 111 11 'F]11�11 111 F1 p i ,� e; 1114} €1111.1 111 1 11 ECl'[1 € Et�l 111i111rt a1 -1 1d 41 ;111;i1113j1'ii11iq.,1111'� g11' 11 11 1, g e, 1 it 11111111:114111.11! 111115,0111; 1111€ all a111 11111' l4! 111 ;111 4 . 11111;1' 14€ { 41 111 1ji 9ij 11; !! 41 13 irE Ili !I 1 I gem, lF '1 1�6Y11;4 ,1 ;,1 i' 11 11(! 11 111 !1 11' , �' 1° i 1': f' ,. a1 11-11 +1 s11 'ri' 1 :1111 11 11'111111 111 1't 91911, €II 111; 111 111 1 E1111� €�111 f 1111 �1} i4j 1 1 €;11•/1111 111 [ }1 1411lif11ll1 ,lll11,I'1111111ia!,1 ill 1 1111 Ii 1, I! 111; ' •111,1:,::4 • F 111111 111 1 1 If i ”M!!!,1:. 1111 11 1 ,!lean a. 1 1 19 1 1 11 1� i , I 13141 � 1J1li�l I; Ili Y 1113t1l1 !J i11�g11 11 r.wwa 1w11,�ye 1,Yih ru�1q .tr y mt1111,„0b nnmw,•o+w-...w.++r : a.wr+ aw u.l mla'w,n.4 u...aand+w .�,1< .. �,-, ^� siou Bdf6.mq 1. '?.' V Nlfld a31VM3.SVM (i' 9 VW) GliVA31110a 193AANlilON 9 6991 WJ 1V101i3WW0O NTIWW9 e,,,,»,„„,.,I,N.on,.n..,, '07'1N3W3DVNVW MOM NVS wow- ma.ou.vllurtra nAme us vr1341 o rMma ua m.nmo :11N sus V".uwvr21ro .n nrt N •s R 1:01.1133H9 nNm 0. - 9.R'.11■ 339 Mil WWI ;.MM. ■I...■■Ipi.■■a■. .II.....II I...E `..MGM P41 c I •...■ MAI■.••III�.•...PI gI 1 .u. ■ ■. ■.III. ■.L1......IN ■ ■Iu1... Ill ■ ■....Mi1!II 111111•1111111•111POI ■..■MwI 111M1111114 ■..IM1 .1 11 I! 1 , l 1; 1111 1 �•',1I I it f I i 11, ;11 I. ; 11„ li ili I , m S! s ,�; >.,,< ;. <cx..,. � `l .MM .II.....I�I......M ■... ,,I II �'; .. ` 11 I' :6 f': 1. I ' 11 10 I 1 'Fli 11 1 lill 'I a l' II .....II......M .•u..II..IISKRIMM.., MBE ill�iiii�i \ � � i ..... \I N ,. x r i I 11. 1,01 1 1iI 11.1 r 1 :., 4;3,1 �I��� ., ,. ' 1 1 , \�� / _JM1 p;111111111111111111•111"1114 S■ '..11�. ■...IMg!M 1 ,1 III - '�7f.1'1 ■ •I. ■ Ii1,li ill ` 1`I - -1 : °1 �._ ■ ■III.. ■. • e II ..a •i•�.Mi I I �I I ... 1.11. .; _. 3 -I ' I i'“ 111 1 It1 ■... ..■...If.....MM1I ■■■■I■. ■ ■ ■M '' €• ■.RI■■■■.M II: 1,1 ' �'I'i A L �b ■..M I ■.......II.. ..R....�1 .hiss ■.I■....1i1.....M •.1 ■.I�.....III...Mll� ■■.■..■.IIt.■■.. •I ...■.. II......II...M=M mm I !__� �II 1 R r":G 'iP�y%� MRi • III M g 11 iR ee I..1 3s .... '.. I �[ �• z;Ia I,,�i.I'i -y LAKE Gs1 DRIVE -,,{ .fir../ < • Mi' J 11 I 11 '! I 1 iI :1 III 1V gq 11 j 5 !ti_`l 4 I -�`'-- _ CIF �� 1` •••.•III.• ■III■■■■■ III I ; I I r 41 , 11 ! 1 .!1 1 I;4, 1? I II �l , ; 1 1 Ii ", ;,' 06 I ID ' r, ! N ' i I 1i`iii1 I 1 11 `� 1 1 11 g., i, bl �' N I , -it _ IV Lr. I, EMI 1111111111111111 ••••III..II• 1111111W•11101111111114 Ii•M1 Ci..UM ■..111111 MIN .M PI M l ? ,1 " 1,..- {II �—_ • J ■.111 •.�.....,I1. H■..■ I•,�..■■■...1I.■.■■M ...i.••• II, •. .... 11 gyp;! ' I 1 �Fg u ill �, ' NMI III I•...N i��:,'i�:..�■...M a..t i�M....M S - �I •w.• 1f111 1{ 11 d11 I I �1'...,{ .. 1 1 ' . , 1 l l 1 1' _ 11111 ,.riiiiilliiili�l��ylvo IV+ 11,1 i'N 111 . a 1 { : 1� a E.:?- wwww�i ..v ■I 1�I�I1iif:E 1111..�MINA 1 g 1 _II W DANE �_� N..... €� i ••UUNI U........411..••M ENE -.NI N III s' i I 1 .,t 11 iifI M ■.....■..1MI ■�.'•1■■III '1;. I 11;y�..'Ie '. ; gl a .........111111111I0111. MIN ZEE It Z■. � .tr y mt1111,„0b 111/111....”1,1115+.17,14.11 fl I.1ea .+ an -c4ntl N 1111 -.6131 N 111.1.n nt 611 hPe entrkivd +king4 NV1d 1:131VM31SVM (P 9 PIA) OHYAW1ISOS 1S3MH1HON 'g 6984 Wd 1VI0 13WWO0 N3' W1YO J, '1N3WNF5VNVW 0110191 Ntl6 zaroC- 1119711,11 :a1 .1n 1r014,1 (NOV VI 93004 INSaH aI 0}91133 nmAnn, .. Nunn 1.m- r.rau><Na�xialle ax ixi 4 IIYIIilVSi MY% aw,1 0111101! 0 U 1100 Limmosm mummtunnom Innuommommpi ...i..u•1111••UUM ..■ir■..■ 1r.■..UM •111111111=111111••••111101 •■ •..•.■11 •••••1±ill ■■ ■i■ ■ ■■ ■.■ ■1141 ■..i1 ■...i1 1111WIE11 .■ ■...II.■1111 =� ii11iiii w .. ■i1.. •11111M11111111101111111•01 ■ ■.■■. Ui...11111• 1 •=Ellin• I im�. ■ ■•11 ••111111•1111111•••••1411 ••••••■.Ni■■IE1,1!I ■■■G~"'....I....I,�...�lr..- 131 ■■ ■■■■ ■■111 ■■ ■■■111 . ■ ■H■■.■111..■..1! I .••11 •■.■1II••••■11y ■ ■ ■11 ■■ ■ ■1 I ■■■ ■■1111 ■U ■H■. ••1I.••■■l0+I ■ ■11....1111 ■■■. ■11±3 ■.•i1.•.•1I'.... ■MI 111•1111••••••11•111111M ■ ■ •H.■ ■.11■ ■•..ice •••A•UU•11 U•IUUM ■ ■ ■H■.■ ■ICI ■ ■.•i ■■.11..■.IF1■■■■.1i ■..11■ ■..r11■■■■.i i •i•IUIUUI'iIiiiiw ■■.IIl.■■■II■.■.IM ...Gumorrraria iirrii6111 •••H•lU•Si1•11•.1 .■ ■11U••••l11•••■1 1 .... ■.■■1.■■■M ■■.H.■■.■�1 ■■ ■.M ■■ ■11 ■..■ 111. ■■■ ■ ■ ■11 ■ ■■ ■uii■.■ !.W■■.© I • ■� ■ rsYm, c•-•••4 Nub t rt�.,q . . .,0.41 tee'' 00.a...0∎007' o:ea www annw eaaWaed +clang .! ^.... ••4 , �� ' . w� b vaa VW alY�7na 8 iwoC-SHwWtl rON L40011.01 „Aa w, ammo N 183MF1a0N B 8a9! Wd gym+MI mamn �.csJw a' 1J] 9YNYw oaa[8i NY 0613.1 0"1040 w pal `Y0 T 0 -.,v,rn oswaw T'rNtlly ,cew av hoe II l I y f I _ k[ 1/ s , _...� -� 1111, 114, :.1.11 ii' ill !- I[ I•I � _—___.-- --- - _ _— Li I I� ; I 1 1 I L. �_ - -1 i— �. .. , gi§: Itha k -.. HLI 1 t '1„11 II i11 1 1 I 1 i 1 .11 1I} '1 ' 11 1 ,1 ii/ 4 /•• `E 1 r . i I I r N N p (di a 1-41-1 I 1;i I. _ 11 i\ _ i1 r� '' e. i ■f■E■C.C■E■ ■■■ ■ ■■■e■ ■■EN !NO 1 ■ - ■�e■N 1 1 II I 1 I 1 n:.: / r ._ , ■ ■ ■■ ■ ■ ■ ■�IIIaI1NIMlrrl'piAPrlriii ■ese■ ■e ■ ■■ ■NORM■ iiiiih Ealing 11 ■ ■ ■■��I■ ■ ■■ NI I;¢9: 1 I 1 III i 11 ) I 1 i 1 sa ' -' ■e■ ■■!11 1..I.LMU.a ■ ■ ■■ !11111! IBl ■ r.l.1dYMWlllik ■■ Elk ■1.1 ■� . I: 1 1 - ��..� �--- 11 ' I I 1 t; I , I x,'.1,11 1` I 1 1�` - - 1 ``� •r ■�■■ ■111■ ■ ■ ■■ i 111111111 INN ■lee ■ ■■E '. MEE ■■ ■ICI ■ ■ ■ ■f Ml N I la 1, ■ ■ ■1l1 ■ ■ ■■M 114 141 111 #i I 1 3s+ .I: - ■l ■ I • I Ilk I _.I1l ` lI i. II 1 I 1 \ j 1 `�, ' -= : ell u MIMI 11 EN 11 ■CI E 11 I'' 1I Li I 11 b 1 ■ ■ mEN ■ ■ ■I:�illTi�.Yiiiiilii i ■ ■■1 ■ ■ ■■M I 1 1 Eli ■■MII ■e■■ I I I 1 I 1: I y I \ t. Z 1 I 1 I ■■ ■111■e■M ■!■! ■r.Lui■■ e I : '1 bJ, . rsYm, c•-•••4 Nub t rt�.,q a .. a- ....�.e.w m..4 ntw04 rv.w -apM �: KK .....m BaaUlaed +LIfg1 s,ivi. a 14L9 Y JD OUVA3111o8 183MHJ4ON 1 988E VIA 1VIOH3WWOO N3TIV1VO '01 1N3143DVNVW ouaiai NVs m00¢-w1u4OY 1V1. smom ,> wo». =•f411.1 u. mvonx O maUxs NI was Wfa � d� 5 pa*OFmssvaxva V ,i -.s urn aRumd .14,44 IWO 71141.1.14"..41 mem UV ww 4e.vk. ♦ ,..�+c .. .7,09A• .... SWOO OM6+W5 esus X1/1.413 ., 1 r , s;,,24 '"' W [t e 1 ikki II iii iilli 1i ll li �t 1! U igfl, Pt 1111. 1t; 111 ! 1s 1 I ill �� Iiiii f 1 11 I,,,.1 ,111E i' IM MO/ lsl! 11 riElE 1 iflij li�Ilt 1111'111110h i fist ! 111 :ii1;' 11 11:11,10.1,1 Pit rtii� II l !14111th iii 1 iJ 11!!!: 1 . 1 1� a1 014 li `i I i Wihli1bllI i1 !iflh1ii ` 1 t��ir ,� _ v E� _ t • 1 ;�� a 11 4 di �t !1 a ' 111, L LS Ai i f i J I. . t lit t 1 � I` 111 :,. 11 Bo 4 1 71141.1.14"..41 mem UV EXHIBIT 3 NUI:CES RIVER IRRIGATION PARK SUBDIVISION, LOTS 21 -28 ()ninon of Probable Costs - Public Waatewater Main Location: SE Corner of Northwest Blvd (FM 624) and FM 1889, Corpus Christi, Texas Date: August 31, 2012 Prepared by: Mark R. Johnson, P.E. Public Wastewater Main Wastewater Main 12" (offsite) 850 LE $ 90 $ 76,500 Wastewater Manhole (offsito) 3 EA $ 3,500 $ 10,500 Bore & Jack under FM 1889 80 LF $ 200 $ 16,000 Bore & Jack under side street 60 LF $ 200 $ 12,000 Bore & Jack within residential lots 100 LF $ 200 $ 20,000 Wastewater connection to lift station (offsite) 1 LS $ 10,000 $ 10,000 Wastewater DIIain 12" (onsite) 2400 LF $ 75 $ 180,000 Wastewater Manhole (onsite) 8 EA $ 3,500 $ 28,000 Total $ 353,000 Offsite Wastewater - Master Plan $ 145,000 " Onstte Wastewater - Deferment Agreement Amount $ 208,000 BONDING AMOUNT (110% OF ABOVE TOTAL) $ 228,800 I "note: the portion of the public wastewater main that Is part of the City's Master Plan is not required to be part of the deferment agreement amount, in �%",l; °/i. 7y M "N #M..... \HI.M.N ARK, ROBERT Jowt�sort if Vral.1101.0..11 .... 82690 is . ... �hhFsslo "l. C NSULT NTS SIGNA1 URE D rE s Note: This Is is Opinion of Probable Cost. Construction costs cannot be guaranteed until design is complete and qualified contractors have priced the work. . .1 :1101165150o021Wastewater Maln Exlension\Preiiminary OPC for public WW Main 083112.xls Page 1 AFFIDAVIT 1, Steve Durhman, confirm that the following are the true Owners of a 36.896 -acre tract of land located In Nueces County, Texas, being the remaining portion of Lot 4, Block 2, Section 2, Nueces River Irrigation Park, a subdivision of record In Volume A, Page 54 -of the Nueces County Map Records (the "Property "); Lois Lowman; Connie Diane Brown Polk Laing; Herman Bruce Lowman; NRIP, LLC, a Texas limited liability company; and Cloudcroft Land Ventures, Inc. I, Steve Durhman, certify that the Owners have appointed me to act as the Authorized Agent with respect to all matters concerning the platting and zoning of the Property and that l am authorized, with respect to the platting and zoning of the Property: Be the point of contact between the Owners and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on the Owners behalf; grant legally binding waivers of rights and releases of liabilities of every kind on behalf of the Owners; consent to legally binding modifications; conditions, and exceptions on behalf of the Owners; and, to execute documents on behalf of the Owners which are legally binding on the Owners. understand that the City of Corpus Christi will deal only with a fullyauthorized agent. At any time it should appear that I, Steve Durhman, Authorized Agent, have less than full authority to act, then the application may be suspended and the Owners will have to personally partiolpate In the disposition of the application, I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by the Authorized Agent, -Therefore, I agree to hold harmless and Indemnify the City of Corpus Christi, Its officers, agents, employees, and third parties who act in reliance upon my words and actions from all damages, attorney fees, Interest and cot arising from this matter. Steve Durhman Acknowledgement THE STATE OF TEXAS § COUNTY OF NUECES § Date This Instrument was acknowledged before me on the, 1 day oJ'011'es , 2012, by Steve Durhman. Notary Publ,Staate of Texas My Commiesloe 6x lfee August 16, 2012 Exhibit 4 Notary Public, State of Texan y�� My commission expires; l Cityy of Nird Cots a Christi Exhibit L Ny oP DISCLOSURE OF INTERESTS City or Corpus [: ht-Isit, Tom Deportment of Development Services P.Q. Bo.1:.9277 Corpus Chrlstl, Taxes- 76469 -9277 (3411824.320 (.orated GI: 2.104 Leopard Street (Corner ofLeopMd Si. rend Pon Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following Information. Every question must be answered. if the question Is not .applicable, answer with "NA ". c f/ / /]; s% ,j� j �'� f �(. I- /�','7 -'j li,..�1 f (1/�Y'lL .'�r / . 1.1 ,. � -i�Sr, Lr,i �` X11 I ice? /-7FL- ,;14't ,. 51's;`?„ NAME: C-ai-d 4,-) Cam: , f'..e -.I,. C,, r /} 9 -.4 -i e-io / STREET: ide % 7�olA.,5� s ic:�rt� kti1 CITY; 4/5 4)`i ZIP: 7[ ?.5 ' } FIRM is: ❑ Corporation Partnership ❑ Sole Owner El Association I 1 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of . each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more ofthe ownership in the above named "firm ". Name Job Title and City Department(lf'known) /t 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title /L/d. 3. State the names of each "board member" of the City or°Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firn7 ". Name Board,. Commission, or Committee ;J6' {f 4. State the names of each employee or Officer of a: "cons'uitarit" for the City of Corpus Christi who worked . on any matter related to the subject of thls- contra01 and has an "ownership Interest" constituting 3% or more of the ownership in the above named "firm ". Name { Consultant CERTIFICATE I certify that all lnformatton provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information, requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: f GP4` �` 7'�) �re� Tiller (Print) Signature of Certifying Person: C:tp0001fE,NTS AND sErriSzstYV.TTEDO\ Y DOCUMenSiD1SCLOSURE Or 1\"1TEt@STS STATE'MEKr1]7'12t)5C Date: 9/0 I Exhibit paoe 3 6F 3 DEFINITIONS a, "Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee'. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm ". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deaf with a product or service, Including but not limited to, entities operated In the form of sole proprietorship, as self - employed person, partnership, corporation, Joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non - profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e, "Ownership interest °. Legal or equitable Interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. ( OCUMENTSAt9SETINGS5YVETTED MYDOCUMENiSUSCLOSLIREOrINTERESTS Sr.1T M 7M2111AOC AGENDA MEMORANDUM Future Item for the City Council Meeting of September 18, 2012 Action Item for the City Council Meeting of September 25, 2012 DATE: August 30, 2012 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager Wes P(c� cctexas. com (361) 826 -3082 Employee Transition Plan for the Professional Service Management Agreement for the Corpus Christi Museum of Science and History. CAPTION: Motion authorizing the City Manager or his designee to execute the Employee Transition Plan with Corpus Christi Museum Joint Venture (CCMJV), amending the Professional Service Management Agreement to operate and manage the Corpus Christi Museum of Science and History. PURPOSE: This item fulfills the requirement created by the Professional Services Management Agreement for the Corpus Christi Museum of Science and History between the City of Corpus Christi and Corpus Christi Museum Joint Venture, approved by Council on August 14, 2012. It is intended to outline the employee transition process and set standards of performance for both the City and CCMJV during the six -month employee transition period. BACKGROUND AND FINDINGS: In development of the Professional Services Management Agreement for the Corpus Christi Museum of Science and History between the City of Corpus Christi and Corpus Christi Museum Joint Venture, both entities agreed that it was important to outline the expectations for the employee transition process. It was of the utmost importance to both that the interest of the employees be preserved in the shift from City employment to CCMJV employment. Under the proposed Employee Transition Plan, museum staff will remain employees of the City for the first 6 months of the agreement. During this period staff will decide if they would like to remain with the City or transition to CCMJV employment; CCMJV will evaluate staff performance to determine which employees they would like to retain. At the end of the 6 month period, museum staff may elect to: 1) transition to CCMJV employment; 2) be placed in an existing vacancy within the City per the City's Reduction in Force Policy; or 3) seek other employment opportunities independent of either the CCMJV or the City. ALTERNATIVES: 1) Propose an alternative Employee Transition Plan to City Council for approval. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Employee Transition Plan conforms to city policy. EMERGENCY / NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Corpus Christi Museum of Science & History FINANCIAL IMPACT: El Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 943,245 943,245 Encumbered / Expended Amount 62,536 62,536 This item 864,641 864,641 BALANCE 16,068 16,068 Fund(s): 1020 - General Fund Comments: Per the approved agreement on August 14, 2012, funding is provided to CCMJV on a quarterly basis which includes the total Personnel Costs for 11- months in FY2013. The estimated vesting payout if eligible employees transition to CCMJV or seek other employment opportunities independent of the City is $97,700 which is in the Reserve Appropriation account. RECOMMENDATION: Staff recommends approval of the Museum Employee Transition Plan. LIST OF SUPPORTING DOCUMENTS: Agreement - Employee Transition Plan EMPLOYEE TRANSITION PLAN FOR THE PROFESSIONAL SERVICE MANAGEMENT AGREEMENT FOR THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY 1 Recitals I. This plan formally documents the process for the transition of employees of the Museum of History and Natural Science (the "Museum "). It describes the approach to transitioning employees from the City of Corpus Christi (the "City ") to Corpus Christi Management Joint Venture, LLC ( CCMJV). CCMJC has contracted with the City Of Corpus Christi to manage the Museum. The contract will turn over management of the day to day operation to CCMJV. CCMJV will be responsible with staffing the Museum within 180 days of execution of the Professional Service Management Agreement (Management Agreement). The period of performance begins on execution date of the Management Agreement. II. For this transition, the City will maintain its existing staff on -site throughout the transition period. No additional staffing requirements are anticipated to complete the transition to CCMJV. The transition is expected to take 180 days to complete. AGREEMENT This amendment is made to the Corpus Christi Museum of Science and History Professional Service Management Agreement(Management Agreement) previously executed by and between the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation (the "City ") and Corpus Christi Museum Joint Venture, LLC, a Texas limited liability company ( "CCMJV "). All other terms and conditions that are not hereby amended are to remain in full force and effect. It is mutually understood and agreed by and between the undersigned contracting parties to amend that previously executed agreement: ARTICLE 1 DEFINITIONS "BUSINESS DAY" shall mean any day on which banks in the State of Texas are open for business, excluding Saturdays and Sundays. "CODE" shall mean the City of Corpus Christi Municipal Code, as it may be amended from time to time. "CITY" shall mean the City of Corpus Christi, Texas and all of its boards, commissions, departments, agencies and other subdivisions. "CITY COUNCIL" shall mean the city council of the City of Corpus Christi, Texas "CITY MUSEUM EMPLOYEES" shall mean those persons who are and continue to be regularly appointed to a part-time or a full -time job by the city manager in positions authorized in the Corpus Christi Museum of Science and History Program in the applicable, current city of Corpus Christi adopted budget. "MANAGEMENT AGREEMENT" shall mean the management agreement with CCMJV and City of Corpus Christi for the operation of the museum. 2 "MUSEUM" shall mean the Museum of Science and History and related facilities operated on the premises, which is the subject of this agreement. "TRANSITION PLAN EFFECTIVE DATE" shall mean the date the Management Agreement takes effect. "TRANSITION PLAN END DATE" shall mean the 180th day after the Management Agreement takes effect. "TRANSFERRED EMPLOYEES" shall mean those persons who elect museum - related employment with CCMJV pursuant to the employee transition plan. ARTICLE 2 RESPONSIBILITIES 2.1 CCMJV Responsibilities. CCMJV will be responsible for the interviewing of transitioning employees, communication with Museum employees, communication with the City Human Resources Department (HR) with all decisions regarding employment during transition, and hiring of staff to operate the Museum during the performance of the Management Agreement. 2.2 Museum Employees Responsibilities. City Museum Employees will be responsible with communication with City Human Resources Department regarding placement, transitioning or resignation. Employees will be responsible with communicating to CCMJV for requesting interview and acceptance or rejection of employment. 2.3 City. City Human Resources Department (HR) will be responsible for communication with Museum employees, communication with the CCMJV, attempted internal placements, and reduction of force. ARTICLE 3 TIMELINE 3.1 Within First Sixty (60) Days After Transition Plan Effective Date. Any Museum Employee wishing to transition to CCMJV must request an interview and submit resume to CCMJV. 3.2 Within First One - Hundred Twenty (120) Days after Transition Plan Effective Date. CCMJV shall interview any Museum Employee that has requested an interview. 3.3 Within first One - Hundred Fifty (150) Days after Transition Plan Effective Date. Upon a City Museum Employee requesting internal placement, HR will begin a search for internal placement within the city. 3.4 One- Hundred Eighty (180) Days after Transition Plan Effective Date. Last day city employed Museum Employees will work at the Museum. CCMJV will have no further 3 responsibility to City employees. Any City employees not hired by CCMJ or internally placed shall be terminated. Any other obligations to City employees will be City's responsibility. 3.5 One - Hundred Eighty (181) Days after Transition Plan Effective Date. CCMJV is responsible for employing all employees of the Museum for the exception of the employee named in Article 6. The City will no longer be responsible for the staffing of the Museum. ARTICLE 4 TRANSITION PROCEDURE 4.1 Interview Request. City Museum Employees seeking employment with CCMJV must submit a resume to CCMJV within sixty (60) days of execution of the Management Agreement to receive a mandatory interview. Any resumes submitted after first 60 day will be granted interviews at CCMJV's discretion. 4.2 CCMJV Interviewing. 4.21 Mandatory Interview. CCMJV shall conduct an interview for any resume received within sixty (60) days of Transition Plan Effective Date. CCMJV shall conduct an interview and provide the City Museum Employee with an offer or decline to hire within one - hundred twenty (120) Days of the Transition Plan Effective Date. Failure to give notice as set forth herein shall be CCMJV'S notice that it has declined. 4.22 Discretionary Interview. CCMJV may grant an interview for resumes received after sixty (60) days of the Transition Plan Effective Date at CCMJV's discretion. There is no deadline for employment offers for declines for discretionary interviews. 4.3 City Internal Placement. Any City Museum Employee may request for internal placement with the City. All requests for internal placement shall be made with HR. Any request for internal placement must be made within one - hundred fifty (150) days of the Transition Plan Effective Date. Employees that are able to be internally placed shall be internally placed as soon as possible. HR shall notify CCMJV of all requests for City Internal Placement. HR will notify CCMJV when the City Museum Employee will be placed internally within the City. Any request for internal placement received after the one - hundred fifty (150) days will not be considered. 4.31 City Reduction of Workforce. Any Museum Employee not internally placed shall be terminated effective the Transition Plan End Date in compliance with city policy HR 10.0 Reduction of Force. 4.4 CCMJV Employment. City Museum Employees that CCMJV hires will begin employment with CCMJ V as agreed to by CCMJV and employee. City Museum Employees leaving City employment shall give the City two weeks' notice. 4.5 Replacement of Museum Employees. CCMJV may replace nonprofessional staff employees that resign or are internally placed within the City. CCMJV shall replace professional 4 staff employees that resign without transitioning or are internally placed within the City. CCMJV shall restaff the position within two (2) months of placement or resignation. CCMJV affiliates may hire replacement employees during the employee transition period. 4.6 Replacement of Museum Director. City agrees that with respect to employment of a replacement Museum Director during the transition period, the City will use it best efforts to recruit a candidate pool. The museum director candidates will go before a Selection Board Committee consisting of City Staff, Advisory Board members, Friends of the Museum members, and Auxiliary members. The Selection Board Committee will recommend a candidate to CCMJV for approval. Upon CCMJV's approval, the City shall hire the approved candidate. If CCMJV does not approve a candidate recommended by the Selection Board Committee, the Selection Board Committee can recommend an alternative candidate if possible. If CCMJV does not approve of any alternative candidates or the Selection Board Committee is unable to recommend any alternative candidates, the City will use it best efforts to recruit a second candidate pool. The hiring of the Museum Director will follow the same procedure for the first candidate pool. ARTICLE 5 BENEFITS 5.1 Current City Employee Benefits. 5.11 City Sponsored Health Insurance. City makes available two self - insured PPO plans with employer paying portion of premium. 5.12 City Sponsored Dental Insurance. City makes available two self - insured PPO plans with employee paying 100% of premium. 5.13 City Flexible Spending Account Program. Healthcare, Dependent Care and Insurance Premium Flexible Spending Accounts are available to employees. 5.15 City Disability Plans. City provides four plans for disability coverage. Premiums are shared at a percentage: Plan 1: 50/50; Plan 2: 60/40; Plan 3: 70/30; Plan 4: 85/15. 5.16 City Term Life Insurance. City pays for term a Basic life & AD &D insurance policy for employees. Additional life insurance is available for purchase by the employee with employees paying 100% of premium at group rate. 5.17 City Leave. City employees receive sick leave, vacation leave, personal leave and compensation compensatory time. 5.18 Retirement. Full -time City employee's contribute 6% of their salary Texas Municipal Retirement System (TMRS). The City currently matches that contribution at a 2:1 ratio. 5.18.1 Retirement. Part-time employees participated into the FICA Alternative Plan through ICMA. This plan was at a contribution rate of 7.5% of their salary with no City Match. 5 5.2 Non transfer of Benefits. No city benefits shall transfer to CCMJV employees. City benefits are not transferable to CCMJV. 5.21 Non Transfer of Health Insurance. The City will pay the usual employer contribution until termination date. Coverage under a health insurance plan will cease upon termination date at the end of the pay period in which separation of service occurs. Former Employees may apply for continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). 5.22 Non Transfer of Long Term Life Insurance. The City will pay the usual employer contribution until termination date. Long Term Life Insurance coverage will cease upon termination at the end of the pay period in which separation of service occurs. Former Employees may apply for portability or conversion with life insurance carrier at time of separation. 5.23 Non Transfer of Leave. Former city employees will receive compensation for benefits subject to the provisions of the City Charter, City Municipal Code, City rules, state legislation and Human Resources Department Policies. 5.24 Non Transfer of Retirement. CCMJV is not a member of the Texas Municipal Retirement System (TMRS). For any employee leaving city employment, vesting date shall be determined at the date of termination. 5.3 CCMJV Benefit Plan. CCMJV agrees that with respect to employment of any transitioning employees that CCMJV will use it best efforts to provide hired transitioning employees with health insurance, leave and a 401 K retirement plan. 5.31 CCMJV Health Insurance. CCMJV may provide full time employees with health insurance with employer portion paid 75% and employee portion paid 25 %. Employees will pay 100% for spouse /children health insurance. 5.32 CCMJV Vacation Leave. CCMJV may provide full time employees with annual leave based on years with CCMJV. For calculation of leave time, CCMJV will consider Transferred Employee's years with the City for leave accrual. Annual leave does not carry over, is paid at termination and requires 12 months employment before paid at termination. CCMJV's leave accrual schedule is as follows: 1 -2 YEARS 3 -9 YEARS 10+ YEARS 40 HOURS 80 HOURS 120 HOURS 5.33 CCMJV Sick / Personal Leave. CCMJV may provide full time employees with 40 hours per year upon the completion of 12 months of employment. Sick/Personal leave does not carry over, is not paid at termination and has a minimum of 4 hours per occurrence. 6 5.34 CCMJV Paid Holidays. CCMJV may provide full time employees the following paid holidays: 1.New Year's Day 2.Memorial Day 3.Independence Day 4.Labor Day 5.Thanksgiving Day 6.Christmas Day. 5.35 CCMJV Retirement Plan. CCMJV may provide full time employees with a 401K option with 3% matching. ARTCLE 6 EMPLOYEE EXCEPTION 6.1 Employee Exception. City Employee Laura Guerrero has been employed at the museum for around nineteen and half (19.5) years. Laura Guerrero's current position is Sale's Associate. Laura Guerrero reaches eligibility to retire June 1, 2013. Laura Guerrero will remain a City Employee until July 01, 2013. Laura Guerrero will continue performing her duties at the museum past the Transition Plan End Date, until July 01, 2013. Laura will perform her duties under the direction of CCMJV. Laura Guerrero salary expense shall be billed as a Salary Wage expense. ARTICLE 7 EQUAL EMPLOYMENT OPPORTUNITY 7.1 Discrimination Prohibited. CCMJV shall not knowingly discriminate against any employee or applicant for employment because of age, race, creed, sex, color, disability, or national origin, and CCMJV shall take affirmative action to ensure that any employee or applicant for employment is afforded equal employment opportunities without discrimination because of age, race, creed, sex, color or national origin. Such action shall be taken with reference, but not be limited to, recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation in selection for training or retraining, including apprenticeship and on the job training. Subject to compliance with such obligations, the CCMJV shall have plenary power with respect to the hiring and discharge of its employees. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CORPUS CHRISTI MUSEUM JOINT VE ► TURE LLC CITY OF CORPUS CHRISTI By: William Du , 1 Ron L. Olson Principal City Manager Date Date 7 Approved as to legal form: A (4) 0,`f 5° , 2012 Autdi gv-Ce Buck Brice Assistant City Attorney For City Attorney 8 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 18, 2012 Action Item for the City Council Meeting of September 25, 2012 DATE: TO: FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 September 17, 2012 Ronald L. Olson, City Manager Fred Segundo, Director of Aviation freds @cctexas.com, (361) 289 -0171 Approval of Professional Services Amendment for Corpus Christi International Airport Runway 17 -35 Extension/ Displacement and Connecting Taxiway Project CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 9 to the Professional Services contract with KSA Engineers, Inc. of Longview, Texas, in the amount of $1,000,000.00 for a total restated fee not to exceed $3,403,226.95 for the Corpus Christi International Airport Runway 17/35 Extension /Displacement and Connecting Taxiway Project. PURPOSE: To award an amendment to a professional services contract for providing construction management, administration and inspection services during the construction phase. BACKGROUND AND FINDINGS: This project consists of extending Runway 17 and Taxiway Alpha by 600 feet to the north and displacing the threshold of Runway 35 by 600 feet to the north. Included in the project is the construction of two new connecting taxiways connecting the new runway thresholds to the parallel taxiway to the west and the construction of a run -up area on the north end of Taxiway Alpha. Following the completion of their services for the design phase of this project, KSA Engineering Inc. (KSA) has been retained to provide other professional services related to the Runway 17/35 Extension /Displacement project including Construction Management and Inspection, Grade Control Surveying, Quality Control (QC) Materials Testing, Geotechnical Engineering Services and Inspection Services. Administrative Assistant services will also be provided along with Field Office Supplies, etc. Construction management, administration and inspection services will encompass the construction of Runway 17/35 600 -foot Extension / 600 -foot displacement, and connecting taxiways, the construction of the Pinson Drive and Infield Drainage Improvements, and the Reconstruction of the North General Aviation Apron at Corpus Christi International Airport. ALTERNATIVES: 1. Do not award the contract (not recommended) OTHER CONSIDERATIONS: The Federal Aviation Administration's review has determined that KSA's professional services proposal is reasonable for the different professional disciplines (i.e. Construction Manager, Geotechnical Engineer, Inspectors, Surveyors, QC Testing Technicians, and Administrative Assistant) and field office supports for this project. The billing rates submitted and the estimated allocation for each professional discipline were deemed reasonable considering the complexity and duration of these construction projects. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; Bond Issue 2008; FY 2012- 2013 Capital Budget. EMERGENCY / NON - EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 566,000.00 12,000,000.00 12,566,000.00 Additional Project Match 1,179, 576.38 1,179, 576.38 Additional Grant Appropriation 5, 545, 505.00 5, 545, 505.00 TOTAL: $18,725,081.38 $19,291,081.38 Encumbered / Expended Amount 566,000.00 566,000.00 This item $1,000,000.00 $1,000,000.00 Future Anticipated Expenses This Project 15,804,010.30 15,804,010.30 BALANCE $1,921,071.08 $1,921,071.08 Fund(s): Airport CIP Grants (3020) and Airport 2012 CO CIP (3026) Comments: The amendment will be paid out of an FAA grant and a grant match. RECOMMENDATION: City Staff recommends the City Manager, or designee, to execute Amendment No. 9 to the Professional Services contract with KSA Engineers, Inc. of Longview, Texas, in the amount of $1,000,000.00 for a total restated fee not to exceed $3,403,226.95 for the Corpus Christi International Airport Runway 17/35 Extension /Displacement and Connecting Taxiway Project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 8 PROJECT BUDGET Runway 17/35 Connecting Taxiways Project Project No. E11046, E11122, E11123 September 18, 2012 FUNDS AVAILABLE: Amount FAA Grant $ 16,345,505.00 Airport CIP Reserves (match) $ 2,379,576.38 TOTAL AVAILABLE: $ 18,725,081.38 FUNDS REQUIRED: Construction (Bay LTD) $ 12,841,419.06 Contingencies (10 %) $ 1,284,141.91 Consultant Fees: Consultant - Design (KSA Engineers, Inc.)* $779,550.00 Construction Mgmt & Inspection, (KSA Engineers, Inc.) $495,000.00 Geotechnical Eng and Materials Testing (KSA Engineers, Inc. / Rock Eng) $150,000.00 Construction Inspection and Surveying (KSA Engineers, Inc. / LNV Eng) $355,000.00 Sub -total KSA Amendment $1,000,000.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $ 321,035.48 Engineering Services (Project Mgt) $ 321,035.48 Finance Reimbursements $ 192,621.29 Misc. (Printing, Advertising, etc.) $ 64,207.10 TOTAL $ 16,804,010.30 ESTIMATED GRANT BUDGET BALANCE $ 1,921,071.08 *Task Order No. 3 approved by City Council on May 17, 2011. File : \ Mproject \councilexhibits \exhE11046.dwg F . 624 _MU ECES Kay ROAD 6�Sh�� - C6aOneL CORPUS C3- CRIS77 Bbl/ CC McGL01N RD. PROJECT LOCATION CC LOCATION MAP NOT TO SCALE CORPUS CHRISTI INTERNATIONAL AIRPORTS PROJECT # E11046 SITE PLAN NOT TO SCALE CONTRACT AMENDMENTS No. 5 INFIELD TAXIWAY CONNECTORS /RUNWAY 17 -35 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 AMENDMENT NO. 9 TO AGREEMENT For PROFESSIONAL SERVICES This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ( "City Engineer "), and KSA Engineers, Inc. of Longview, Texas, acting through its duly authorized representative who is Joncie H. Young, President, (CONSULTANT), which agree as follows: 1. DECLARATIONS. "CITY" desires to engage 'CONSULTANT" to provide services in connection with City's project, described as follows: CCIA Runway 17135 Extension /Displacement and Connecting Taxiways, (Project Nos. E11046, E11122, E11123) "Project ". "— 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance with the accompanying Letters, Scope of Services, and Fee attached as "Exhibit A ". 3. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "A ", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $1,000,000.00 (in figures), (One Million Dollars and Zero Cents) (in words) for a total revised fee not to exceed $3,403,226,95 (in figures), (Three Million Four Hundred Three Thousand Two Hundred Twenty Six Dollars and Ninety Five Cents) (in words) , CITY OF CORPUS CHRISTI KSA ENGINEERS, INC. Oscar R. Martinez (Date) Assistant City Manager RECOMMENDED: Daniel Biles, P. E., (Date) Director of Engineering Services Fred Segundo (Date) Director of Aviation APPROVED AS TO FORM: Office of Mgmt and Budget Legal Department (Date) (Date) nt . Tyler, it 600 ngview, TX " 601 (972) 542 -2995 (972) 542 -6750 Project Nos. E11046, E11122, E11123 Funding sources: , 5 5097 0- 302 0- 0000 0 -G 49 E 11046 5 5097 0 -3 026- 0000 0 -G 49 E 11046 550920 -3020- 00000 -G49E 11046 550920- 3026 - 00000 -049E 11046 550970- 3020 - 00000 -G49E 11122 550970 - 3026 - 00000 -G49E 11122 550920- 3020 - 00000 -G49E 11122 550920 - 3026 - 00000- G49E11122 550970 - 3020- 00000- G49E11123 550970 -3026- 00000- G49E11123 550920 -3020- 00000- G49E11123 550920- 3026 - 00000- G49E11123 Total: Encumbrance Number: $679,500.00 75,500.00 103,258.80 11,473.20 72,000.00 8,000.00 18,000.00 2.000.00 22,500.00 2,500.00 4,741.20 526.80 1000 000A0 K:IENGINEER!NG OATAEXCHANGE4CLARISSAJIAIRPORTICOMBO ITEM RUNWAY 17 -35 - E11046, El 1122, E111234KSA AMENDMENAKSA CONTRAC11ARENDMBNT N0. 9 - KSA BNGINEERS.000X 3.3137E Synergy any Drive McKinney, TX 75071.E 972.542:2995 August 24, 2012 Ms, Joelle Francois, P.E. Project Manager Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Re: Proposal for Construction Administration and Closeout Services Runway 17 -35 Extension /Displacement and Connecting Taxiways Project Corpus Christi International Airport Dear Ms. Francois, KSA Engineers, Inc. is pleased to submit our proposal to provide Construction Administration and Closeout Services for the captioned construction project. This work will be Amendment No. 9, Task Order No. 8 of our Contract for A/E Professional Services. Please call if you have any questions and we'll be happy to address them. Thank you. Respectfully submitted /4A.-1r ,rte Robert C. Jutton, PE Senior Project Manager Attachment Cc: Mr. Dan Biles, Director of Engineering Mr. Bill Green, Assistant Director of Engineering Mr. Enrique Castillo, Assistant Director of Aviation www.ksaenq,Corri AMEND. NO 9 EXHIBIT "A -9" Page 1 of 3 4. Time for Rendering Services Service Time Requirement CO m Ietion Date* 1. Construction Phase 52 weeks 1 December 2013 2. Closeout Phase 4 weeks 1 January 2014 * Assumes Notice to Proceed (NTP) of the Construction Phase of 1 November 2012. 5. Payments for the Engineer In return for the services described above, the CITY shall pay the Engineer on a Times and Materials basis as described in Exhibit F-8. The total cost of all services provided under this Task Order will not be exceeded without prior written approval by the CITY. AMEND. NO 9 EXHIBIT "A -9" Page 3 of 3 Exhibit A -9 Task Order No. 8 This is Task Order No. 8 consisting of 2 pages. In accordance with this Contract for AIE Professional Services between the City of Corpus Christi, Texas (CITY) and KSA Engineers, Inc. (Engineer) for Professional Services, dated ( "Agreement "), constituting authorization by the CITY for the Engineer to provide engineering services for the following project at Corpus Christi International Airport: 1. Specific Project Data Title: RWY 17.35 Extension/Displacement and Connecting Taxiways Project City of Corpus Christi Project Numbers E11046, El 1122 and El 1123. A. Description: Construction Administration for the RWY 17 -35 Extension/Displacement and Connecting Taxiways Project as described in the bid documents as follows: 1. Base Bid: Shifting of Runway 17 -35, New Connecting Taxiways A & A -4, NAVAID Relocation; 2. Additive Alternate No. 1: Remove Existing Interior Taxiways and Construct Interior Connecting Taxiways A -1, A -2, A -3 & L; 3. Additive Alternate No. 2: North General Aviation Apron; and 4. Additive Alternate No. 3: Pinson Drive and Infield Drainage Improvements. 2. Services of Engineer Services to be performed by the Engineer in this Task Order are listed below and amend Paragraphs 5 & 6 of Exhibit A of this Contract. Construction Phase Services: 1. Construction Administration Services as described in attached Exhibit C -8; 2. Resident Project Representative Services as described in Exhibit D -8; 3. Provide Geotechnical Engineering Services, as required; 4. Provide Construction Materials Testing Services, as required; and 5. Provide Surveying Services for Grade Control. Closeout Phase Services: 1. Provide Closeout Services as described in attached Exhibit E -8. 3. CITY's Responsibilities CITY shall have those responsibilities set forth in Exhibit A of this Contract. l AMEND. NO 9 EXHIBIT "A.9" Page 2 of 3 Exhibit B -9 FEE SCHEDULE KSA Engineers, Inc. CONTRACT FOR PROFESSIONAL AIE SERVICES CITY OF CORPUS CHRISTI FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS Amendment No. 1 49.00 16.00 00.00 00.00 00.00 96.00 61.00 Topographic Survey, Plats, Metes & Bounds.for Right of Way Acquisition for Access to Relocated Approach Lighting System for Runway 17 (Supplement to Task Order No. 2) $ 5,577.50 Amendment No. 2 Task Order No. 6 - North General Aviation Apron $49,400,00 Amendment No. 3 Task Order No. 7 - Pinson Road & Employee Parking Drainage Improvements $24,150.00 Amendment No. 4 Additional Desktop Biological and Jurisdictional Waters Evaluation (Supplement to Task Order No. 1) $4,028,45 Amendment No. 5 Infield Taxiway Connectors /Runway 17 -35 Project (Supplement to Task Order No. 3) $100,000.00 Amendment No. 6 Infield Taxiway Connector /Runway 17 -35 Project (Supplement to Task Order No. 3) $40,000.00 Amendment No. 7 Infield Taxiway Connectors /Runway 13 -31 Project (Supplement to Task Order No. 4) $201,800.00 AMEND. NO. 9 EXHIBIT "B -9" Page 1 of 2 Original Contract TASK FEE Task Order No. 1 — Preparation of Environmental Assessment Task $161,( Order No. 2 — AGIS Airspace Analysis and Data Submittal /Upload Task $286,4 Order No. 3 — Runway 17 -35 Extension /Displacement and Connecting Taxiway Project $566,1 Task Order No. 4/1000' — Runway 13 -31 Extension /Displacement and Connecting Taxiway Project Task $720,( Order No. 4A/600' — Runway 13 -31 Extension /Displacement and Connecting Taxiway Project Task $14$,( Order No. 5 — Taxiway Utilization Study $80 j Total Original Project Fees , $1,962 Amendment No. 1 49.00 16.00 00.00 00.00 00.00 96.00 61.00 Topographic Survey, Plats, Metes & Bounds.for Right of Way Acquisition for Access to Relocated Approach Lighting System for Runway 17 (Supplement to Task Order No. 2) $ 5,577.50 Amendment No. 2 Task Order No. 6 - North General Aviation Apron $49,400,00 Amendment No. 3 Task Order No. 7 - Pinson Road & Employee Parking Drainage Improvements $24,150.00 Amendment No. 4 Additional Desktop Biological and Jurisdictional Waters Evaluation (Supplement to Task Order No. 1) $4,028,45 Amendment No. 5 Infield Taxiway Connectors /Runway 17 -35 Project (Supplement to Task Order No. 3) $100,000.00 Amendment No. 6 Infield Taxiway Connector /Runway 17 -35 Project (Supplement to Task Order No. 3) $40,000.00 Amendment No. 7 Infield Taxiway Connectors /Runway 13 -31 Project (Supplement to Task Order No. 4) $201,800.00 AMEND. NO. 9 EXHIBIT "B -9" Page 1 of 2 Amendment No. 8 Revise Environmental Assessment and Perform Environmental Due Diligence Audit (EDDA) for NAVAID Relocations (Supplement to Task Order No. 1) $1 6 $19 Jetway Bridge Holding Position Markings & Diversion Aircraft Parking Layout Amendment No. 9 Task Order No. 8 - Construction Administration Fees for RWY 17 -35 Extension /Displacement and Connecting Taxiways Project $1,000 Amended Total Fee $3,403, ADDITIONAL CONTRACT Sanitizer Installation Design $19 Total Fee $19 Jetway Bridge Holding Position Markings & Diversion Aircraft Parking Layout $16 Total Fee $16 ,010.00 ,000.00 226.95 ,680.00 ,680.00 925.00 925.00 AMEND. NO. 9 EXHIBIT "B -9" - age2of2 Exhibit C -9 Construction Administration Services Construction Phase The Engineer shall provide the following Construction Phase services on a time and materials basis: A. Engineer shall provide the following services: 1. General Administration of Construction Contract: Consult with Owner and act as Owner's representative as provided in the General Conditions. The extent and limitations of the duties, responsibilities and authority of Engineer as assigned in said General Conditions shall not be modified, except as Engineer may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Engineer, who shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and said General Conditions except as otherwise provided in writing. 2. Provide a full time on -site professional engineer as Construction Manager: a. The Engineer shall provide a full time on -site professional engineer to serve as Construction Manager in order to observe as an experienced and qualified design professional the progress of Contractor's executed Work. The Construction Manger will determine if the Work is proceeding in accordance with the Contract Documents, and shall keep Owner informed of the progress of the Work. b. The purpose of Construction Manager is to provide for Owner a greater degree of confidence that the completed Work will conform to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. The Construction Manager shall not, supervise, direct, or have control over the Work, nor shall the Construction Manager have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor's Work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, the Construction Manager neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish or perform the Work in accordance with the Contract Documents. 3. Resident Project Representative (RPR): Provide the services of an RPR at the Site of the Specific Project to assist the Construction Manager and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in attached Exhibit A, "Duties, Responsibilities and Limitations of Authority of AMEND. NO 9 EXHIBIT "C -9" Page 1 of 5 Resident Project Representative." The furnishing of such RPR's services will not limit, extend, or modify Engineer's responsibilities or authority. 4. Independent Testing Laboratory: Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work for the Specific Project with appropriate professional interpretation thereof. 5. Pre - Construction Conference: Participate in a pre - construction conference prior to commencement of Work at the Site. 6. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 7. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer's judgment are necessary to enable Contractor to proceed. 8. Defective Work: Reject Work if, on the basis of Engineer's observations, Engineer believes that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not produce a completed Project that conforms to the Contract Documents or (c) will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 9. Clarifications and Interpretations; Field Orders: Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the Work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 10. Change Orders and Work Change Directives: Recommend change orders and work change directives to Owner, as appropriate, and prepare change orders and work change directives as required. 11. Shop Drawings and Samples: Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor's submittal schedule that Engineer has accepted. - AMEND. NO 9 EXHIBIT "C -9" Page 2 of 5 12. Substitutes and "or- equal ": Evaluate and determine the acceptability of substitute or "or- equal" materials and equipment proposed by Contractor, but subject to any provisions below regarding additional compensation for evaluation of such substitute or "or equal" submittals. 13. Inspections and Tests: Require such special inspections or tests of the Work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 14. Disagreements between Owner and Contractor: Render formal written decisions on all duly submitted issues relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance or progress of the Work; review each duly submitted Claim by Owner or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to do so would be inappropriate. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 15. Applications for Payment: Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, the Work has progressed to the point indicated, the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of the Work as it is performed and furnished have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the AMEND. NO 9 EXHIBIT "C -9" Pale 3 of 5 responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer's review of the Work for the purposes of recommending payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 16. Contractor's Completion Documents: Receive, review and transmit to Owner maintenance and operating instructions, schedules guarantees, bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided above, and transmit the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such review by Engineer will be limited as provided above. 17. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Site to determine if the Work is Substantially Complete. If after considering any objections of Owner, Engineer considers the Work Substantially Complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 18. Final Notice of Acceptability of the Work: Conduct a final payment inspection to determine if the completed Specific Project of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. 19. Defective Work: Together with Owner, visit the Site to observe any apparent defects in the Work, assist Owner in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of Defective Work, if any. 20. Correction Period: Together with Owner or Owner's representative, visit the Site within one month before the end of the Correction Period to ascertain whether any portion of the Work is subject to correction. B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Agreement for a Specific Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If a Specific AMEND. NO 9 EXHIBIT "C-9" Page 4 of 5 Project involves more than one prime contract as indicated in the Task Order, Construction Phase services may be rendered at different times in respect to the separate contracts. 1.02 Closeout Phase C. Engineer shall: 1. Assist Owner in training Owner's staff to operate and maintain Specific Project equipment and systems. 2. Prepare and furnish to Owner, in the format agreed to, Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor. AMEND. NO 9 EXHIBIT "C -9" Page 6 of 5 Exhibit D -9 Resident Project Representative Schedule of Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Resident Project Representative A. Engineer shall furnish a Resident Project Representative ( "RPR ") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. B. Through RPR's observations of Contractor's work in progress and field checks of materials and equipment, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such RPR field checks or as a result of such RPR observations of Contractor's work in progress, by the RPR, supervise, direct, or have control over Contractor's work, nor shall Engineer (including the RPR) have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress, or for any failure of a contractor to comply with Laws and Regulations applicable to such contractor's performing and furnishing of its work. The Engineer (including RPR) neither guarantees the performances of any contractor nor assumes responsibility for any contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific limitations set forth in Exhibit A as incorporated in the Task Order are applicable. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. • RPR's dealings in matters pertaining to a Contractor's work in progress shall in general be with Engineer and Contractor. • RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. • RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules. Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by a Contractor and consult with Engineer concerning acceptability. AMEND. NO 9 EXHIBIT "D -9" Page 1 of 6 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project - related meetings, and prepare and circulate copies of minutes thereof 4. Liaison; a. Serve as Engineer's liaison with Contractor. Working principally through Contractor's authorized representative or designee, and assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Specific Project Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on -Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Specific Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. AMEND. NO 9 EXHIBIT "0-9" Page 2 of 5 9. Inspections, Tests, and System Start -ups: a. Consult with Engineer in advance of scheduled inspections, tests, and systems start- ups. b. Verify that tests, equipment, and systems start -ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start -ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over a Specific Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all change orders, field orders, work change directives, addenda, additional Drawings issued subsequent to the execution of the Construction Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Specific Project - related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of change orders, field orders, work change directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses, fax numbers, e -mail addresses, web site locations and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. d. Maintain records for use in preparing project documentation. e. Upon completion of the Work, furnish original set of all RPR Specific Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed change orders, work change directives, and Field Orders. Obtain backup material from Contractor. AMEND. NO 9 EXHIBIT "D -9" Page 3 of 5 c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern. 12. Payment Requests: a. Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: a. During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by a Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in visits to the Project to assist in determining Substantial Completion, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final visit to the Project in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. e Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or- equal" items). 2. Exceed limitations of Engineer's authority as set forth in this Agreement. 3. Undertake any of the responsibilities of a Contractor, subcontractors, suppliers, or a Contractor's superintendent. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of the Contractor's work. AMEND. NO 9 EXHIBIT "0-9" Page 4 of 5 5. Advise on, issue directions regarding, or assume control over security safety practices, precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy a Specific Project in whole or in part. AMEND. NO 9 EXHIBIT "D -9" Page 5of5 Exhibit E -9 Closeout Phase Services After written authorization to proceed with the Closeout Phase, Engineer Shall: 1. Provide City of Corpus Christi with a CD containing the final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard and the actions(s) taken. The report shall include any pay reduction applied and reasons for accepting any out of tolerance material. 2. Prepare and submit one CD containing plan drawings in single page monochrome TIFF format at a minimum resolution of 400 dpi or a maximum sheet size of ANSI D (22" x 34 ") showing those changes made during the construction process based on the marked -up prints, drawings and other data furnished by contractor(s) to Engineer and those changes which Engineer considers significant. 3. Update the existing Airport Layout Plan (ALP) as necessary to indicate items completed during construction. Field verification of runway end coordinates and elevations are required if they have been altered during construction. Transfer the updated existing ALP to a computer aided design and drafting (CADD) format as directed by Agent. The Engineer shall furnish the Agent with three (3) review copies, and upon approval, two reproducible Mylars of minimum 4 mil thickness and fifteen (15) copies of the ALP and one set of computer diskettes of a type directed by the Agent containing a CADD copy of the ALP. If aerial photography is necessary for the ALP update, the Engineer shall furnish the Agent with one copy of aerial photographs. 4. Furnish Agent with 5 bound copy(ies) of all approved catalog cuts, warranties, maintenance data, parts lists, and names of equipment and materials suppliers. 5. Coordinate with FAA to provide as -built survey data for the runway extension to include the runway endpoint and 50 foot stations on centerline. Survey data submission will be conducted per FAA Advisory Circulars 150/5300-16, 150/5300-17 and 150/5300 -18 and submitted on -line via the FAA's Airport GIS web application. 6. Furnish City of Corpus Christi and FAA with the RPR's original diaries. 7. Furnish City of Corpus Christi and FAA with a copy of the contractor's Notice of Termination (NOT) to TCEQ as necessary for SWP3. 8. Prepare a Notice of Termination (NOT) for City of Corpus Christi and FAA to submit to TCEQ as necessary for SWP3. 9. Conduct an inspection of the Project prior to the expiration of any warranty period and advise the Agent of any recommended action to be taken under the terms of any warranty. AMEND. NO 9 EXHIBIT "E -9" Page 1 of 1 Basic Services Exhibit F -9 BASIS FOR CONSTRUCTION ADMINISTRATION AND CLOSEOUT FEES Amount Breakdown Construction Manager PE (Base Bid + Add Alts 1, 2 & 3) $400,000.00 Geotechnical Engineer PE $ 40,000.00 Secretarial $ 50,000.00 Misc. $ 25,000.00 ($158.12/hr x 40hr /wk x 63.24vvks) ($180.00 /hr x 8hr /wk x 27.78Wks) ($18.00 /hr x 40hr /wk x 69.44wks) (Postage + Truck + Incidentals) Total $515,000.00 Inspection and Construction Materials Testing Firm KSA ROCK KSA RPR #1 (Base Bid + Add Alt 1) $220,000.00 ($72.00/hr x 40hr /wk x 76.39wks) LNV CMT (Base Bid + Add Alt 1) $ 94,732.00 (Estimate from Testing Lab) ROCK Grade Control $ 20,000.00 (Surveying) LNV Total $334,732.00 RPR #2 (Add Alt 2) — North GA Apron $ 80,000.00 ($72.00 /hr x 40hr /wk x 36.46wks) LNV CMT (Add Alt 2) $ 10,000.00 (Estimate from Testing Lab) ROCK Grade Control $ 10,000.00 (Surveying). LNV Total $100,000.00 RPR #2 (Add Alt 3) — Pinson Drive & Infield Drainage $ 25,000.00 ($72.00/hr x 40hr /wk x 36.46wks) LNV CMT (Add Alt 3) $ 5,268.00 (Estimate from Testing Lab) ROCK Total $ 30,268.00 Closeout Fees Closeout of Base Bid and Add Alts 1, 2 & 3 $ 20,000.00 Lump Sum Fee -Total Project KSA Total $ 20,000.00 TOTAL CONSTRUCTION ADMINISTRATION (BASE BID + ADD ALT 1) TOTAL CONSTRUCTION ADMINISTRATION (ADD ALT 2) — North GA Apron TOTAL CONSTRUCTION ADMINISTRATION (ADD ALT 3)— Pinson Drive & Infield Drainage $849,732.00 $100,000.00 $30,268.00 TOTAL CONSTRUCTION ADMINISTRATION $1,000,000.00 & CLOSEOUT (BASE BID + ADD ALTS 1, 2 & 3) AMEND. NO 9 EXHIBIT "F -9" Page 1 of 1 SUPPLIER NUMBER = PURC SSING DIVIISION s .+.... OW of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every,question must be answered. If the question is not applicable, answer with 'NA ". See reverse side far Filing Requirements, Certifications and definitions. COMPANY NAME: P.O. BOX: Jl 'jinars ans L STREET ADDRESS: i4-0 t T FIRM IS: 1. Corporation 4. Association CITY: 2. Partnership 5. Other 8 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee' of tho City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm,' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." NRA- Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest' constituting 3% or more of the ownership in the above named "firm." Nglttp r or Consultant sal FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest date City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and tliat supplemcntnl statements will be promptly submitted to the City of Corpus Christi, Tex as changes occur. Certifying Person: (Type or Print) Signature of Certifying Person; DEFINIT! a S Title: Date: n. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. c. "Official," The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of Cite City of Corpus Christi, Texas. f. "Ownership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. s. nternationa Presentation 0 September 18, 2012 1- LT.1 1 .3" Ell n .o ti) 0 2cnow U) E co CD 0 a) .c c). 9 M -1 0 N N -1 0 N 0 N 0' M a al a a M a N a 5 r-1 a M a Construction Construction schedule for Runway 17-35 Extension Project e lmo O V e lmo V • 4w O 4-, vs••., O at U U U FUNDS "'AVAILABLE $16,345,505.00 c 0 2, 379, 576.38 Airport CIP Reserves (Match) 18,725,081.38 TOTAL AVAILABLE FUNDS REQUIRED: $12,841,419.06 Construction (Bay LTD) 1,284,141.91 Contingencies (10 %) Consultant Fees: $779,550.00 Consultant - Design (KSA Engineers Inc.)* 0 0 0 0 Construction Management and Administration (KSA) 0 0 0 0 0 Geotechnical Eng and Materials Testing (KSA/ Rock Eng) 0 0 ci 0 0 Construction Inspection and Surveying (KSA / LNV) C) C) co co- CO EA- Reimbursements 16,804,010.30 J 0 $1,921,071.08 Estimated Project Budget Balance *Task Order #3 approved by City Council May 17, 2011.