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Home My WebLink AboutAgenda Packet City Council - 07/16/2013 1201 Leopard Street Corpus Christi Corpus Christi,TX 78401 cctexas.com 7 Meeting Agenda - Final City Council Tuesday,July 16,2013 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Scott Higginbotham, Lexington Baptist Church. 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. 13-000646 Proclamation declaring July 16, 2013 as "ADAAwareness Day" Swearing-in Ceremony of Newly Appointed Board, Commission, and Committee Members F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 711512013 City Council Meeting Agenda-Final July 16,2013 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOWANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: H. EXECUTIVE SESSION: (ITEMS 2 -5) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2. 13-000616 Executive session pursuant to Texas Government Code, Section 551.074, Personnel Matters, to deliberate the evaluation of the City Manager with possible discussion and action in open session. 3. 13-000612 Executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the lease of real property because deliberations in an open session would have detrimental effect on the position of the City in negotiations with a third party, with possible discussion and action in open session. 4. 13-000660 Executive session pursuant to Section 551.071(1)(A) to consult with attorneys regarding contemplated litigation regarding employee benefits with possible discussion and action in open session. 5. 13-000661 Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation related to the city wastewater treatment plants, with possible discussion and action in open session I. MINUTES: 6. 13-000663 Approval of Regular Meeting of July 9, 2013. Attachments: Minutes-7-09-13 Council meeting Corpus Christi Page 2 Printed on 711512013 City Council Meeting Agenda-Final July 16,2013 J. BOARDS &COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 7 -24) 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. 7. 1 -000593 Engineering Construction Contract for the O.N. Stevens Water Treatment Plant-Water Utilities Lab HVAC Rehabilitation Motion authorizing the City Manager, or designee, to execute a Construction Contract with Scott Air Conditioning & Heating Co. of Corpus Christi, Texas in the amount of$68,470.00, for the O.N. Stevens Water Treatment Plant HVAC Rehabilitation. Attachments: Agenda Memo-ONS Utilities Lab HVAC Project Budget-ONS Utilities Lab HVAC Location Map-ONS Utilities Lab HVAC 8. 13-000605 Resolution in support of AEP Texas Central Company's LED Pilot Program Resolution supporting AEP Texas Central Company's (AEP) "LED Pilot Program" to provide LED Street Lighting Service on Chaparral Street and other mutually agreed to locations within the City of Corpus Christi; and supporting any amendments to AEP's Tariff necessary to make the service available. Attachments: Agenda Memo-AEP Resolution -AEP LED Pilot Program ExhibitA 9. 13-000600 Change Order No. 5 for Corpus Christi International Airport Runway 17 -35 Extension/Displacement and Connecting Taxiway Project Motion authorizing the City Manager, or designee, to execute Change Corpus Christi Page 3 Printed on 711512013 City Council Meeting Agenda'Final July 1U.2018 Order No. 5 to the Construction Contract with Bay. Ltd. of Corpus Christi, Texas in the amount of $718.655.07 for atotal restated fee not to exceed $13.728.905.59. for the Corpus Christi International Airport (CC|A) Runway 17-35 Extension/ Displacement and Connecting Taxiway Project. Attachments: Agenda_,Memo,_-,_Runway,_,1,7-35,_C,han_qe,_,Order 10. 12-00911 Agreement for temporary tax abatement for Kinney Hotel Partners LTD Resolution authorizing the execution of an agreement with Kinney Hotel Partners LTD providing for temporary property tax abatement. Attachments: RESOLUTION Kinney.HotelTaxAbatement 5-13-13 Tax Abatement Ag.ree.ment_,Ki.nngy,_Hotel,_,Partners 11. .C3-00X0470 Chapter 38O Agreement for Kinney Hotel Partners LTD for waiver of Development fees Resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Kinney Hotel Partners LTD ("Agreement") to waive City Development Fees for development of boutique hotel within the City's Downtown Catalyst Area, for the benefit of the City. Attachments: Agenda,_M,emo_,Exec,_Kin_ngy_,Hotel,_,Chapter 380 13-000470 Resolution -Kinney,_,Hotel_,Chapter_,380,_A_qree.ment 5-13-13 Chapter_,380_,Aqreeme,nt,-,_,Kin_ngy Hotel Partners 12. .C3-{X00{6K9 Amending Council Policy regarding Board Recommendations Resolution amending City Council policies for City board, committee, and commission appointment recommendations. Attachments: Agenda,_M,emo,_-_,Amen,d'in_q_,Council,_,Poli,py_,regarding,_,Board Recommendations 13' .C3-{000491 Second Reading Ordinance - Rezoning from the ^CG-2^ General Commercial District and the ^|H^ Heavy Industrial District to the ^|L^ Light Industrial District, on property located mt1515 North Tmnomhum Street(1st Reading 7/9/13) Case No. 0413-03 Avalon Corpus Christi Transitional Center, : A change of zoning from the "CG-2" General Commercial District and the Corpus Christi Page Printed onrnmuom City Council Meeting Agenda-Final July 16,2013 "IH" Heavy Industrial District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from commercial to light industrial. The property to be rezoned is described as being a tract of land comprised of Lots 1 - 6, Block 58, Beach Portion of the City of Corpus Christi, a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion, located on the southwest corner of North Tancahua Street and Resaca Street. Planning Commission and Staff Recommendation (May 22, 2013): Denial of the change of zoning from the "CG-2" General Commercial District and the "IH" Heavy Industrial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit, subject to two conditions. Ordinance Ordinance amending the Unified Development Code ("UDC") upon application by Avalon Corpus Christi Transitional Center, LLC, acting as agent on behalf of Darla-I, Ltd., owner of Lots 1-6, Block 58, Beach Portion of the City of Corpus Christi, and Myrtleson, Ltd., owner of a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion, by changing the UDC Zoning Map from the "CG-2" General Commercial District and "IH" Heavy Industrial District to the "CG-2/SP" General Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Avalon Map-Aerial Overview Zoning Report-for CC, Avalon Ordinance-Avalon SP w exh 14. 13-000521 Second Reading Ordinance - Rezoning from Single-Family to Two-Family for Sababa Holdings, LLC., on property located at 1213 Central Street (1st Reading 7/9/13) Case No. 0513-02 Sababa Holdings, LLC: A change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lot 17, Block 4, Flour Bluff Center, located on the east side of Central Street, between South Padre Island Drive (SH 358) and O'Neill Street. Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. Ordinance Corpus Christi Page 5 Printed on 711512013 City Council Meeting Agenda-Final July 16,2013 Ordinance amending the Unified Development Code ("UDC') upon application by Sababa Holdings, LLC, acting as agent on behalf of RZ Texas Properties, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 17, Block 4, Flour Bluff Center, from the "RS-6" Single-Family 6 District to the "RS-TF"Two-Family District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Sababa Holdings Map-Aerial Overview Zoning Report-for CC, Sababa Holdings Ordinance-Sababa Holdings w exh 15. 13-000522 Second Reading Ordinance - Rezoning from Farm Rural to Residential Estate for Solomon and Lisa De La Fuente, on property located at 7850 Starry Road (1st Reading 719113) Case No. 0513-03 Solomon and Lisa De La Fuente: A change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Plan from park to estate residential. The property to be rezoned is described as being a 3.86-acre tract of land out of Lot 15, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Starry Road and Starry Circle, approximately one-half mile south of Yorktown Boulevard. Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Solomon De La Fuente and Lisa De La Fuente ("Owners"), by changing the UDC Zoning Map in reference to a 3.86-acre tract of land out of Lot 15, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- De La Fuente(Final in Legistar) Map-Aerial Overview De La Fuente Zoning Report-for CC, De La Fuente w exh Ordinance- De La Fuente revAG w exh 16. 13-000586 Second Reading Ordinance - Rezoning from Office to Single-Family by City of Corpus Christi for properties in Jackson Woods Subdivision, on properties located at 10609-10621 Gettysburg Corpus Christi Page 6 Printed on 711512013 City Council Meeting Agenda-Final July 16,2013 Street and 10618-10630 Potomac Street (1st Reading 719113) Case No. 0613-03 City of Corpus Christi: A change of zoning from the "ON" Office District to the "RS-6" Single-Family 6 District, resulting in a change to the Future Land Use Plan from park to low density residential. The property is described as Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1, located on Gettysburg Street and Potomac Street, east of Peachtree Street. Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "ON" Office District to the "RS-6" Single-Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon initiation by the City of Corpus Christi, by changing the UDC Zoning Map in reference to Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1, from the "ON" Office District (formerly AB Professional Office District) to the "RS-6" Single-Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-CitV of CC Map-Aerial Overview Zoning Report-for CC, Jackson Woods Subdivision Ordinance-Jackson Woods Subdivision 17. 13-000570 Second Reading Ordinance -Closing a portion of Laurelas Drive out of the Rancho Vista Subdivision Unit 3 (1st Reading 719113) Ordinance abandoning and vacating an undeveloped and unsurfaced 521.50 square- foot portion of the Laurelas Drive public street right-of-way out of Rancho Vista Subdivision Unit 3 and requiring the owners, Yorktown Oso Joint Venture and American Bank, to comply with specified conditions. Attachments: Agenda Memo- Laurelas Dr. Ordinance- Laurelas Drive Street Closure ord vFinal 20130703(corrected CC d 18. 13-000548 Second Reading Ordinance -Waterline easement dedication for constructing a potable waterline to education facility(1st Reading 719113) Ordinance authorizing the City Manager or designee to execute a Waterline Easement to dedicate and grant to the Coastal Bend Bays and Estuaries Program (CBBEP) a fifteen (15) foot wide easement across a 8.646-acre City-owned tract of land to construct a potable waterline across city property for purposes of supplying potable water to the CBBEP's education facility, located on CBBEP-owned land. Corpus Christi Page 7 Printed on 711512013 City Council Meeting Agenda'Final July 1U.2018 Attachments: Agenda Memo-Waterline Easement Map-Council Exhibit.pdf Agreement-Waterline Easement.pdf 19. 13-0X00595 Second Remding [}ndinmnoe -Appnoprimtingfund proceeds from interest and other revenues into the City's Capital Improvement Program Funds (1st Reading 7/9/13) Ordinance appropriating $15.6S7.5Sin AIRPORT C|P interest earnings in the funds as listed in Attachment 1. Section 1 for the City's match for future FAA Grant Projects; ChangingtheFY2013Capita| |nnprovennent Budget adopted by Ordinance No. 029565to increase expenditures by $15.697.59; appropriating $131.046.S5in BOND PROCEED interest earnings for Bayfront. Public Health and GaN*h/. Fine, Po|ioe, Sanitary Landfi||, Libnary, Convention Center. Parks, and Streets in the funds ao listed in Attachment 1. Section 2 for the stated bond projects notyet complete, similar projects tobeapprovedbyCib/ Counoi| orthe payment of debt service; Changing the FY2013 Capital Improvement Budget adopted by Ordinance No. 029565to increase expenditures by $131.046.95; appropriating $87,780.05 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1. Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $87,780.05; appropriating $17.720.72 in SPECIALTY BOND PROCEED interest earnings, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Geavva|| and Arena, Paokery Channel Bondo, Energy Efficiency Bonds and Generic Capital Improvement Funds as listed in Attachment 1. Section 4 for the stated bond projects notyetoonnp|ete. theoupportoftheCih/'o approved Capital Improvement Prognann, specific military supported projects and as determined by the Type A Board; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $17,720.72; and appropriating $100.666.05 in STREET ASSESSMENTS ao listed in Attachment 1. Section 5 for partial payment of the Billings Clem Marina construction improvements as approved by City Council on May 28. 2013 and repayment ofapproved assessment projects; Changing the FY2013Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $100.666.05. Attachments: Attachment One-2013,Approp�iation 20. .C3-{000539 Second Remding [}ndinmnoe -Appnovingneimmbursemmentmgneemment and appropriating funds toreimburse developer for the Corpus Christi Page Printed onrnmuom City Council Meeting Agenda-Final July 16,2013 construction of a collection line located along the south side of State Highway 44; east of Heinsohn Road and west of North Padre Island Drive (1st Reading 719113) Ordinance authorizing execution of a sanitary sewer collection line extension construction and reimbursement agreement ("Agreement") with 5961 HWY 44, LLC ("Developer"), for the construction of a sanitary sewer collection line and appropriating $18,710.61 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo-5961 HWY 44 LLC Exhibits A-F Agreement- 5961 HWY 44 LLC Ordinance-5961 HWY 44 LLC 21. 1 -000540 Second Reading Ordinance -Appropriating funds to reimburse the developer for the construction of a sanitary sewer collection line located on State Highway 44, west of Bockholt Road and east of Clarkwood Road (1st Reading 719113) Ordinance appropriating $191,607.92 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse N. M. Edificios, LLC, ("Developer") for the construction of the sanitary sewer collection line improvements in accordance with the approved reimbursement agreement executed with the Developer. Attachments: Agenda memo- N.M. Edificios 5.31.13 Agreement-2010-150 Ordinance-Wastewater Reimbursemt Ord N M Edificios LLC 22. 13-000591 Second Reading Ordinance -Approving reimbursement agreement and appropriating funds to reimburse developer for the construction of a collection line located east of South Navigation Boulevard and south of Bates Drive (1st Reading 719113) Ordinance authorizing execution of a wastewater collection line extension and reimbursement agreement ("Agreement") with Thomas S. Davis ("Developer"), for the construction of a wastewater collection line and appropriating $11,782.50 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse Developer in accordance with Agreement. Attachments: Agenda Memo-Saxet Industrial, Wastewater Reimbursement Location Map Ordinance-Saxet Industrial Agreement-Saxet Industrial, Wastewater Collection Extension Corpus Christi Page 9 Printed on 711512013 City Council Meeting Agenda-Final July 16,2013 23. 13-000606 Second Reading Ordinance -Authorize a lease and concession agreement with Tailwind CRP, LLC for operation of food and beverage concession at Corpus Christi International Airport and termination of existing lease with Game Time (1st Reading 719113) Ordinance authorizing the City Manager, or designee, to terminate the Lease Agreement between the City of Corpus Christi and Amarillo Sports Services, Inc. dba Game Time Food and Beverage Services, Inc. ("Game Time") and execute an Airport Facilities Lease and Concession Agreement ("Lease") with Tailwind CRP, LLC ("Tailwind") for the operation of a food and beverage concession at the Corpus Christi International Airport ("Airport"), in consideration of the greater of an annual minimum rental fee or a sum equal to twelve percent (12%) of all food, sundries and non-alcoholic beverages gross revenues and sixteen percent (16%) of all alcoholic beverages gross revenues, for a term of five (5) years. Attachments: Agenda Memo-Tailwind Ordinance-Tailwind Lease-Tailwind Food and Beverage Presentation- FB Concession 24. 13-000592 Second Reading Ordinance -Amending the lease agreement with the Columbus Sailing Association regarding the Nina (1st Reading 719113) Ordinance authorizing the City Manager or designee to execute an amendment to the Lease Agreement with the Columbus Sailing Association ("CSA") for the lease of the Columbus ship, Nina; appropriating $8,800 of revenue in the No. 1020 General Fund from the sale of lead ballast from the Santa Maria for payment to CSA for the cost associated with the repair and restoration of the Nina; changing the FY 2012-2013 operating budget adopted by Ordinance No. 029565 by increasing revenues and expenditures by $8,800 each; providing an effective date; and providing for publication. Attachments: Agenda Memo-Amendment LEASE AGREEMENT RE Nina Ordinance-Amendment LEASE AGREEMENT RE Nina Amendment to Lease of Nina- Partially Executed 2013 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 25 -27) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 25. 13-000611 Second Reading Ordinance -Approving and adopting an appeals process for the Street Maintenance Fee (1st Reading 719113) Corpus Christi Page 10 Printed on 711512013 City Council Meeting Agenda'Final July 1U.2018 (Related Items 25 -2G) Ordinance adopting the Appeals Process for the Street Maintenance Fee attached ao Exhibit 'Y\" (Appeals Prooeoo); authorizing the City Manager to establish rules and procedures related to the Appeals Process; and authorizing the City Manager to take actions necessary to effectuate its purposes. Attachments: Presentation-Street Mai nten a nce,_Fee_,-,Appeals Process 7-9-13 26. .C3-0K00X61K0 Second Reading Ordinance -Amending the Code of Ordinances to establish m Street Maintenance Fee Board of Appeals (1stReading 7/9/13) Ordinance amending the Code of Ordinances by adding Section Division 29. to Chapter 2, to establish the Street Maintenance Fee Board of Appeals; providing for severance; and providing for publication. Attachments: 27. .C3-{00X0532 Engineering Design Contract -Ammendmment No. 3 for the New Broadway Wastewater Treatment Plant Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $1.120.662.00. for the New Broadway Wastewater Treatment Plant for construction observation services. Attachments: 0. FIRST READING ORDINANCES: (ITEMS 28 -34) 28. .C3-00Y0544 First Reading Ordinance-Accepting and appropriating Federal grant for the FY 2013 Port Security Grant Program Ordinance authorizing the City Manager or designee to accept a sub-grant in the amount of$40.000 from the Department ofHomeland Security, FEMA, for funding eligible under the 2012 Port Security Grant Program (PGGP) grant to purchase law enforcement equipment for the Corpus Christi Page// Printed onrnmuom City Council Meeting Agenda'Final July 1U.2018 Police Department; and appropriating $40.000 in the No. 1061 Police Grants fund from the Department ofHomeland Geouhb/. FEMA, to purchase law enforcement equipment for the Police Department. Attachments: Ordinance-Port Grant 2013-Police Award matrix-subgra 29. .C3-{0Y}601 First Reading Ordinance - Appropriating funds for the Women, Infants and Children (WIC) grant amendment to increase funding Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant amendment in the amount of $12.460 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, increasing the award amount for the VVnnnen. Infants and Children nutrition ppngnann peer counselor project by $12.460. Attachments: Agenda Memo-Amended WIC for Peer Counselor Program-PDF.pdf Contract-2013 WIC Grant.pdf Letter of Amendment-WIC 2013.pdf Ordinance- Health Dept WIC program amendment.pdf 30. 13-0X005K98 FirstRemding [}ndinmnoe -AppnoprimtingFundsmndmppnovingthe lease purchase for vehicles for daily operational use Ordinance appropriating $115.000 from the Fleet Maintenance Services Reserve for Future Fleet Replacement Fund No. 5110 into the Capital Outlay Budget of the Maintenance Services Fund No. 5110 for the purchase of vehicles to be used by Development Services; changing the FY 2012-2013 Operating Budget adopted by Ordinance No. 029577 by increasing appropriations by $115.000 in the No. 5110 Maintenance Service Fund; and approving the purchase of thirty-nine (3S) pickup trucks, two (2) cargo vans, six (6) heavy trucks and the lease-purchase of two (2) heavy trucks and one (1) pickup truck from AutoNadonFord, Corpus Christi, 7exao, in accordance with Bid Invitation No. B|-0146-13, for the total amount of$1.229.148. Attachments: Agenda Memo- Purchase of Vehides.pdf Bid Tabulation- Purchase of Vehicles.pdf Ordinance-Appropriating Funds.pdf SPECIAL BUDGET RELATED ITEMS (ITEMS 31 -35) 31. 13-000{4[7 FirstRemding [}ndinmnoe -Adoptingthe Proposed Operating Budget for FY 2O13 -2O14 Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning August 1. 2013; tobe filed with the County Clerk; Corpus Christi Page 12 Printed onrnmuom City Council Meeting Agenda'Final July 1U.2018 appropriating monies aoprovided in the budget; and providing for severance. Attachments: Agenda Memo-Adoption of FY 2013-2014 Operating Budget First Reading 7.1( Amendment Sheet 32. 13-0X00650 FirstRemding [}ndinmnoe -Adoptingthe Proposed Capital Budget for FY 2O13 -2O14 Ordinance approving the FY2014Capital Budget and Capital Improvement Planning Guide in the amount of$294.964.300 Attachments: 33. .C3-000X618 First Reading Ordinance -Ammending City code regarding water, gas, wastewater, and street maintenance rates and fees Ordinance amending the Code of Ovdinanoeo. City of Corpus ChrioU, Chapter 66, regarding vvater, gao, vvaotevvater, and street maintenance rates and fees; oonoo|idating, oodifying, and adopting clarifying amendments of Ordinance No. 029876 and Ordinance No. 029877 regarding street maintenance fees; providing for pub|ioation, providing for severance, and providing effective date. Attachments: Ordinance.-Utility rates and fees and SMP 34. .C3-000X603 First Reading Ordinance - Increasing registration fees for animals not spayed or neutered Ordinance amending section 6-27of the Corpus Christi Code by increasing registration N*eo for animals not spayed or neutered; Providing an effective date; Providing for severance; and Providing for publication. Attachments: Ordinance-Increasedregistation fees ACSB Recomend-Animal 07.09.2013 Agenda_,Me.mo-Animal Control fee increase 07.16.2013 P. FUTURE AGENDA ITEMS: (ITEMS 35 -43) The following items are for Council's informational purposes only. No action will bo taken and no public comment will bosolicited. 35. .C3-{000599 Parks and Recreation FY14 new fees and fees increasing more than 25% Resolution adding new rental and recreational use N*eo for fiscal year 2013-2014 and providing for publication; effective date; and severance of the same. Corpus Christi Page 13 Printed onrnmuom City Council Meeting Agenda'Final July 1U.2018 Attachments: AgendaMemo- FY14 New Fees Parks and Recreation Resolution -FY13 New fees Parks Recreation ExhibitA&B- FY14 Fees Parks and Recreation 36' .C3-0X00524 Purchase of Mini Track Excavators Motion approving the purchase of three (3) Mini Track Excavators from Doggett Maohinery, Corpus Christi, Texas in accordance with Bid Invitation No. B|-0151-13 based on lowest responsible bid for atotal expenditure of$84.150.00. Funding io available in the FY2012-2013 Capital Outlay Budget of the Maintenance Service Fund. Attachments: Bid Tabulation- Mini Track Excavators... 37. .C3-000535 Service Agreements for Custodial Services for City Hall and Frost Building Motion approving service agreements for custodial services for City Hall and Frost Building with the following companies for the following amounts in accordance with Bid Invitation No. B|-0135-13, based on |ovv responsible bid for an estimated annual expenditure of $170.920.80 of which $15.974.80 is required for FY 2012-2013. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the service providers and the City Manager or designee. Funds have been budgeted by Facility Maintenance Services in FY 2012-2013. Martin's Janitorial Service ISS Facility Services, Inc. Corpus Christi, TX Corpus Christi, TX City Hall Frost Building $127.656 $43.264.80 Grand Total: $170,920.80 Attachments: Bid Tabulation-Custodial Services.pdf 38' .C3-{000572 Supply Agreement for food items for the Meals on Wheels Elderly Nutrition Program Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCDG-13-3 for food items which include canned and frozen fruit and vegetables; meats and condiments, for an estimated six month expenditure of$208.750.32ofwhich Corpus Christi Page 14 Printed onrnmuom City Council Meeting Agenda-Final July 16,2013 $17,395.86 is required for FY 2012-2013.The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Performance Food Group Corpus Christi, Texas Victoria, Texas 109 Line Items 91 Line Items $78,011.32 $130,739.00 Grand Total: $208,750.32 Attachments: Agenda Memo- Food Items.pdf Award Summary- Food Items.pdf 39. 13-000579 Lease - Purchase of two heavy trucks and purchase of nine heavy trucks Motion approving the lease-purchase of two (2) heavy trucks and the purchase of nine (9) heavy trucks for the total amount of$1,211,268.00, of which $1,015,992.00 is required for the remainder of FY 2012-2013. The heavy trucks are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI-0164-13 based on lowest responsible bid. Funding for the purchase of heavy trucks is available in the Capital Outlay Budget of the Maintenance Service Fund. Financing for the lease-purchase of heavy trucks will be provided through the City's lease/purchase financing contractor. Corpus Christi Freightliner Santex Truck Center, Ltd. Corpus Christi, TX Corpus Christi, TX Items 1,2,3,4,7, & 8 Items 5 &6 $902,508.00 $308,760.00 Grand Total: $1,211,268.00 Attachments: Agenda Memo- Heavy Trucks Bid Tabulation- Heavy Trucks 40. 13-000596 Mowing Services for Storm Water drainage and street rights-of-way and Water production facilities Motion approving service agreements for mowing services for Storm Water drainage and street rights-of-way and Water production facilities with the following companies, for the following amounts, in accordance with Bid Invitation No. BI-0119-13 based on lowest responsible bid for an estimated annual expenditure of$479,958.09, of which $39,996.50 is required for FY 2012-2013. The term of the service agreements will be for one-year with an option to extend for two additional one-year Corpus Christi Page 15 Printed on 711512013 City Council Meeting Agenda'Final July 1U.2018 periods. Funding is available in the Storm Water and Water Operations budgets. Brown Mule Mowing Aspen Lawn Care, LLC Corpus Christi, TX Corpus Christi, TX Storm VVater- Group 1 VVater- Groups 2 & 3 $417.197.99 $62.760.10 Grand Total: $479,958.09 Attachments: Bid Tabulation- Mowinq_Service SERVICE AGREEMENT-BROWN MULE STORM WATER SERVICE AGREEMENT-ASPEN WATER PRODUCTION 41. .C3-000554� Memorandum ofUnderstanding (K8[}U) regarding aerial spraying for mosquitoes Resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding with Nueoeo County to work together in unison in determining the need for using aerial spraying to combat the spread of the West Nile virus. Attachments: 42. .C3-000X620 Resolution in Support of2O14 General Obligation Bond Election and approval of propositions and projects (Related items 42 -43) Resolution in support of calling for a General Obligation Bond Election in November 2014 for the purpose of funding Street Improvements in the amount of $84.410.000 (with $55.000.000 representing streets in the greatest need of reconstruction and $29.410.000. representing street capacity priorities and other street-related improvement projects); and to nevievv, finalize and approve the staff-recommended street project |iot. Attachments: AgendaMemo- Bond 2014 Attachment 1 -Street-Propositions v1 Resolution -Bond 2014 43. .C3-{000624 Reimbursement Resolution is Support of2O14 General Obligation Bond Election Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax-exempt obligations tobe issued by the City for authorized purposes; authorizing other matters Corpus Christi Page 16 Printed onrnmuom City Council Meeting Agenda-Final July 16,2013 incident and related thereto; and providing an effective date. Attachments: Agenda Memo- Reimbursement Res. Attachment 1 -Street Propositions v1 Resolution,-Corpus Christi Reimbursement Resolution Q. BRIEFINGS TO CITY COUNCIL: (ITEM 44 -45) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 44. 13-000560 Texas Medicaid Managed Care Initiative (Grant Total $14.8 Million) Attachments: Agenda memo-Texas Medicaid Managed Care Initiative Presentation-Texas Medicaid Managed Care Initiative 45. 13-000668 Proposed changes to the Compensation & Classification Plan Attachments: Agenda Memo Comp Class Presentation 7.16.13 Presentation Comp Plan Final.7.12.13 R. ADJOURNMENT Corpus Christi Page 17 Printed on 711512013 Corpnus Christi 1201 Leopard Street M Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,July 9,2013 11:30 AM Council Chamber, Public Notice--THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order at 11:30 a.m. B. Invocation to be given by Deacon Michael Mantz, Diocese of Corpus Christi. The invocation was delivered by Deacon Michael Mantz,Diocese of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States. The Pledge of Allegiance was led by Dan Biles,City Engineer. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. City Secretary Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson,City Attorney Carlos Valdez,and City Secretary Armando Chapa. NOTE: Council Member Magill arrived at 11:40 a.m. Present: 8- Council Member Kelley Allen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Martinez,Council Member Mark Scott,Council Member Chad Magill,Council Member Lillian Riojas,and Council Member Rudy Garza Absent: 1 - Council Member Colleen McIntyre E. Proclamations 1 Commendations 1 Proclamation declaring July 2013 as"Park and Recreation Month" Certificate of Commendation Presentation to Mary V. Juarez Swearing in ceremony for newly appointed Municipal Court Judge Inna S. Rogoff-Klein Mayor Martinez read and presented the Certificate of Commendation and the Proclamation(s). City Secretary Armando Chapa presented a retirement gift to Assistant City Secretary Mary Juarez. 347th District Court Judge Missy Medary Corpus Christi Page 1 Printed on 711212013 City Council Meeting Minutes July 9,2013 conducted the swearing-in ceremony for newly appointd Municipal Court Judge Inna S. Rogoff-Klein. L MINUTES: 3 Approval of Workshop Meeting of June 18, 2013 and Regular Meeting of June 25, 2013. A motion was made and seconded to approve the minutes as presented and passed. G. CITY MANAGER'S COMMENTS 1 UPDATE ON CITY OPERATIONS: City Manager Olson made the following announcements: 1)update on the City's Water Supply levels;2)response to news report showing City employees taking extra long breaks; 3)discussed the evaluation process that the Mayor and Council will use to evaluate his job performance on July 16. J. BOARDS &COMMITTEE APPOINTMENTS: 4 Cable Communication Commission Corpus Christi Business and Job Development Corporation Corpus Christi Convention &Visitors Bureau Ethics Commission Leadership Committee for Senior Services Planning Commission Regional Health Awareness Board Mayor Martinez referred to Board,Commission and Committee appointments and the following appointments were made: Cable Communications Commission: Reappointed-Mary Ann Kelley. Corpus Christi Business and Job Development Corporation: Reappointed-R. Bryan Gulley;New Appointment-Gabriel Guerra. Corpus Christi Convention&Visitors Bureau: Reappointed-Rakesh"Rick" Patel(Hotel Industry),Kaushik"Sheik"Bhakta(Hotel Industry),Daniel Dain (Restaurant Industry),Michael Womack(Attractions),and Angie Flores(At Large). Ethics Commission: New Appointment-Rod Wolthoff. Leadership Committee for Senior Services: NewAppointment-Laurel Garza (Community Representative) Planning Commission: Reappointed -Fred Braselton and Curtis A.Rock; New Appointments-Eric Villarreal and Marsha Williams. Regional Health Awareness Board: New Appointment-Assistant City Manager Susan Thorpe(City Representative). Enactment No: Corpus Christi Page 2 Printed an 7/1212013 City Council Meeting Minutes July 9,2013 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez called for Public Comment. The following citizens spoke: 1) Abel Alonzo spoke regarding the retirement of Assistant City Secretary Mary Juarez and said the news report regarding city employees taking long breaks was;2)Dan Vera spoke regarding ideas for reuse of the Harbor Bridge; 3) Colin Sykes spoke regarding the need to protect and improve Magee Beach;4) Fr.Sean Mulroney,St.Bartholomew Church,spoke regarding the street maintenance fee for non-profit agencies;and 4)Rev.John Hardie,St.Mark's Episcopal Church,spoke regarding the street maintenance fee for non-profit agencies,and whether the fee was being applied fairly to all religious entities. H. EXECUTIVE SESSION: (ITEM 2) Mayor Martinez referred to Item 2. The Council went into executive session. 2 Executive session pursuant to Section 551.071(1)(A)to consult with attorneys regarding contemplated litigation regarding employee benefits with possible discussion and action in open session. The Council returned from executive session. Mayor Martinez announced that no action will be taken today on this item. L. CONSENT AGENDA: (ITEM 5) Mayor Martinez called for the Consent Agenda,which consisted of Item No.5. Mayor Martinez asked for comments from the Council and the Public and there were none. 5 Second Reading Ordinance- Rezoning from Commercial and Residential to Light Industrial on Tract 1 and from Residential to Commercial on Tract 2 for Jubalee Properties, Ltd.,on property located at 9801 South Padre Island Drive(SH 358), 1130 Baywood Lane, and 1133 Baywood Lane (1st Reading 6125/13) Case No.0413-05.lubalee Properties, Ltd.: A change of zoning from the "CG-1" General Commercial District and "RS-6"Single-Family 6 District to the "IL" Light Industrial District on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District on Tract 2, resulting in a change to the Future Land Use Plan from commercial to industrial uses on Tract 1 and not resulting in a change to the Future Land Use Plan on Tract 2. Tract 1 is described as being Lots 1 through 5, Block 2, Baywood Addition, and Tract 2 is described as being Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood Addition. The property to be rezoned is located south of South Padre Island Drive (SH 358) on Baywood Lane. Corpus Christi Page 3 Printed on 7/12/2013 City Council Meeting Minutes July 9,2013 Planning Commission and Staff Recommendation (May 22, 2013 Tract 1 - Denial of the change of zoning from the "CG-1° General Commercial District and "RS-6" Single-Family 6 District to the "IL" Light Industrial District and, in lieu thereof,approval of the"CG-1/SP" General Commercial District with a Special Permit, subject to the nine conditions. Tract 2-Approval of the change of zoning from the"RS-6" Single-Family 6 District to the "CG-1" General Commercial District. Ordinance Ordinance amending the Unified Development Code ("UDC") upon application by Jubalee Properties, Ltd., acting as agent on behalf of Mostafa Bighamian, Morteza Shafinury and First National Bank ("Owners"), by changing the UDC Zoning Map in reference to Lots 1 through 5, Block 2, Baywood Addition ("Tract 1"), and Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood Addition ("Tract 2"), from the"CG-1"General Commercial District and the"RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District on Tract 2;amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing Ordinance was passed and approved on second reading with the following vote: Aye: 7- Council MemberAllen, Council Member Leal,Council Member Loeb, Mayor Martinez, Council Member Magilf, Council Member Riojas and Council Member Garza Absent: 2- Council Member Scott and Council Member McIntyre Abstained: 0 Enactment No: 029883 P. FUTURE AGENDA ITEMS: (ITEMS 29 -30) Mayor Martinez deviated from the agenda and referred to Items 29 and 30 on the Future Agenda. 29 Agreement for temporary tax abatement for Kinney Hotel Partners LTD Resolution authorizing the execution of an agreement with Kinney Hotel Partners LTD providing for temporary property tax abatement. Mayor Martinez referred to Item 29. Emily Martinez with the Regional Economic Development Corporation stated that the purpose of the item was to grant a tax abatement to Kinney Hotel Partners for a term of up to eight years to develop a boutique hotel. She said the development would be located downtown near the proposed Destination Bayfront development. This Corpus Christi Page 4 Printed on MV2073 City Council Meeting Minutes July 9,2013 Resolution was recommended by staff to Consent Agenda. 30 Chapter 380 Agreement for Kinney Hotel Partners LTD for waiver of Development fees Resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Kinney Hotel Partners LTD ("Agreement")to waive City Development Fees for development of a boutique hotel within the City's Downtown Catalyst Area, for the benefit of the City. Mayor Martinez referred to Item No.30. Emily Martinez with the Regional Economic Development Corporation stated that the purpose of the item was to grant a waiver for development fees to Kinney Hotel Partners LTD for the construction of a boutique hotel in the Downtown Catalyst Area. Improvements to the building are estimated to be approximately$4.7 million. The property is currently appraised at$438,670. Mr. Rodd Martin,the developer of the Kinney Hotel partnership in the downtown area,thanked the council for their support.This Resolution was recommended by staff to Consent Agenda. M. PUBLIC HEARINGS: (ITEMS 6- 12) 6 Public Hearing for the Fiscal Year 2013 -2014 Operating Budget Public hearing for the City of Corpus Christ Fiscal Year 2013-2014 Operating Budget for July 9, 2013 during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Mayor Martinez called for Item No.6 regarding the Public Hearing for the FY 2013-2014 Operating Budget. Assistant City Manager Margie Rose provided a brief overview regarding the proposed operating budget. Council Member Scott made a motion to open the public hearing,seconded by Council Member Garza,and passed. The following citizens spoke in support of increasing the daily staffing levels of the Fire Department from 96 to 100 to adequately staff two additional medic units included in the proposed budget: 1)Joan Veit,2) Andrew McGuire,3)Kristy Veit,4)Lonnie Loosemore,6)Carolyn Moon,6) Scott Moreland,7)Rudy DeLeon,8)Eric Hardin,9)Carlos Torres,10)Natasha Ross, 11)Moises Estrada,12)Stacy Gilmore,and 13)Chris DeLeon. Abel Alonzo stated that the Fire unions were bullying the Council and the community to increase staffing at the expense of city employees. Mayor Martinez called for Council comments. Council members asked questions regarding the following issues:adequate staffing levels for the Fire department;developing a master plan for the Fire Department operations;what were the city's debt ratios;wastewater permit requirements; litter maintenance on rights-of-way;job description and duties of the new Economic Development Manager,now tailed the Assistant to City Manager;downtown master plan; City Manager Olson said that as City Manager, he has to balance the staffing needs of all city departments,which is a difficult task. He said the proposed budget is a finely balanced document that considers all those needs. He said Corpus Christi Page 5 Printed on 711212093 City Council Meeting Minutes July 9,2013 there are still needs that are being unmet,but any additional changes would require us to go to the voters and request more money. Mayor Martinez called for a motion to close the public hearing. Council Member Magill made a motion to close the public hearing,seconded by Mr. Garza,and passed. 7 Public Hearing on FY 2013-2014 Proposed Capital.Budget& Capital Improvement Planning Guide Public hearing for the City of Corpus Christ Fiscal Year 2013-2014 Capital Budget& Capital Improvement Planning Guide for July 9, 2013 during the regular City Council meeting beginning at 11:30 a.m. at City Hail, 1201 Leopard Street, Corpus Christi, Texas. Mayor Martinez referred to Item No.7. Assistant City Manager Oscar Martinez made a brief presentation regarding the proposed Capital Budget and Capital Improvement Planning Guide. He noted that the Capital Budget is being brought to Council at the same time as the Operating Budget,which is appropriate. Council Member Scott made a motion to open the public hearing, seconded by Mr.Magill,and passed. There were no comments from the public or the Council.Council Member Scott made a motion to close the public hearing,seconded by Mr.Garza,and passed. 8 Public Hearing and First Reading Ordinance -Rezoning from the "CG-2" General Commercial District and the "IH" Heavy Industrial District to the "IL" Light Industrial District, on property located at 1515 North Tancahua Street. Case No. 0413-03 Avalon Corpus Christi Transitional Center LLC: A change of zoning from the "CG-2" General Commercial District and. the "IH" Heavy Industrial District to the "IL"Light Industrial District, resulting in a change to the Future Land Use Plan from commercial to light industrial. The property to be rezoned is described as being a tract of land comprised of Lots 1 -6, Block 58, Beach Portion of the City of Corpus Christi, a portion of Fitzgerald Street closed by Ordinance No, 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion, located on the southwest corner of North Tancahua Street and Resaca Street. Planning Commission and Staff Recommendation (may 22 2013): Denial of the change of zoning from the "CG-2" General Commercial District and the "IH" Heavy Industrial District to the"IL" Light industrial District and, in lieu thereof, approval of the"CG-2/SP"General Commercial District with a Special Permit,subject to two conditions. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Avalon Corpus Christi Transitional Center, LLC, acting as agent on behalf of Darla-I, Ltd., owner of Lots 1-6, Block 58, Beach Corpus Christi Page 0 Printed on 7/12/2093 City Council Meeting Minutes July 9,2013 Portion of the City of Corpus Christi, and Myrtleson, Ltd., owner of a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion, by changing the UDC Zoning Map from the"CG-2" General Commercial District and 11-I" Heavy Industrial District to the"CG-2/SP" General Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tem Riojas referred to Item No.8. Director of Development Services Mark Van Vleck made a brief presentation regarding the proposed zoning change. Council Member Scott made a motion to open the public hearing, seconded by Council Member Garza,and passed. There were no comments. Council Member Scott made a motion to close the public hearing,seconded by Mr.Magill,and passed. The foregoing ordinance was passed on.first reading with the following vote: Aye: 6- Council Member Alien, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 3- Council Member Leal, Mayor Martinez and Council Member McIntyre Abstained: d 9 Public Hearing and First Reading Ordinance -Rezoning from Single-Family to Two-Family for Sababa Holdings, LLC., on property located at 1213 Central Street. Case No. 0513-02 Sababa Holdings, LLC:A change of zoning from the"RS-6" Single-Family 6 District to the "RS-TF" Two-Family District, not resulting in a change to the Future Land Use Plan. The property to . be rezoned is described as Lot 17, Block 4, Flour Bluff Center, located on the east side of Central Street, between South Padre Island Drive (SH 358) and O'Neill Street. Planninq Commission and Staff Recommendation (May 22, 2013 Approval of the change of zoning from the"RS-6" Single-Family 6 District to the "RS-TF"Two-Family District. Ordinance Ordinance amending the Unified Development Code ("UDC") upon application by Sababa Holdings, LLC, acting as agent on behalf of RZ Texas Properties, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 17, Block 4, Flour Bluff Center, from the"RS-6" Single-Family 6 District to the "RS-TF"Two-Family District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tam Riojas referred to Item No.9. Director of Development Services Mark Van Vleck made a brief presentation regarding the zoning change. Council Member Scott made a motion to open the public hearing,seconded by Corpus Christi Page 7 Printed on 711212013 City Council Meeting Minutes July 9,2013 Mr.Garza,and passed. There were no comments from the public or Council. Council Member Scott made a motion to close the public hearing,seconded by Mr.Garza,and passed.The foregoing ordinance was passed on first reading with the following vote: Aye: 6 Council Member Allen, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 3- Council Member Leal, Mayor Martinez and Council Member McIntyre Abstained. 0 10 Public Hearing and First Reading Ordinance -Rezoning from Farm Rural to Residential Estate for Solomon and Lisa De La Fuente, on property located at 7850 Starry Road. Case No. 0513-03 Solomon and Lisa De La Fuente: A change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Plan from park to estate residential. The property to be rezoned is described as being a 3.86-acre tract of land out of Lot 15, Section 34, Flour Bluff and - Encinal Farm and Garden Tracts, located on the northeast corner of Starry Road and Starry Circle, approximately one-half mile south of Yorktown Boulevard. Planning Commission and Staff Recommendation (May 22. 2013): Approval of the change of zoning from the"FR" Farm Rural District to the "RE" Residential Estate District. Ordinance Ordinance amending the Unified Development Code ("UDC") upon application by Solomon De La Fuente and Lisa De La Fuente ("Owners"), by changing the UDC Zoning Map in reference to a 3.86-acre tract of land out of Lot 15, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, from the"FR" Farm Rural District to the "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tern Riojas referred to Item No.10. Director of Development Services Mark Van Vleck made a brief presentation regarding the zoning change. Council Member Magill made a motion to open the public hearing, seconded by Mr.Garza,and passed. There were no comments from the public or Council. Council Member Magill made a motion to close the public hearing, seconded by Mr.Garza,and passed.The foregoing ordinance was passed on first reading with the following vote. Aye: 6- Council Member Allen, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 3- Council Member Leal, Mayor Martinez and Council Member McIntyre Corpus Christi Page 8 Printed on 711212013 City Council Meeting Minutes July 9,2013 Abstained: 0 11 Public Hearing and First Reading Ordinance -Rezoning from Office to Single-Family by City of Corpus Christi for properties in Jackson Woods Subdivision, on properties located at 10609-10621 Gettysburg Street and 10618-10630 Potomac Street. Case No. 0613-03 City of Corpus Christi: A change of zoning from the "ON" Office District to the"RS-6"Single-Family 6 District, resulting in a change to the Future Land Use Plan from park to low density residential. The property is described as Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1, located on Gettysburg Street and Potomac Street, east of Peachtree Street. Planning Commission and Staff Recommendation June 19 2013): Approval of the change of zoning from the"ON"Office District to the "RS-6" Single-Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon initiation by the City of Corpus Christi, by changing the UDC Zoning Map in reference to Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1, from the "ON" Office District (formerly AB Professional Office District)to the "RS-6" Single-Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tem Riojas referred to Item No.11. Director of Development Services Mark Van Vleck made a brief presentation regarding the zoning change. Council Member Scott made a motion to open the public hearing, seconded by Mr.Magill,and passed. There were no comments from the public. Council Member Scott made a motion to close the public hearing, seconded by Mr. Loeb,and passed. The foregoing ordinance was passed on first reading with the following vote: Aye: 7- Council Member Allen, Council Member Leal,Council Member Loeb, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 2- Mayor Martinez and Council Member McIntyre Abstained: 0 12 Public Hearing and First Reading Ordinance -Closing a portion of Laurelas Drive out of the Rancho Vista Subdivision Unit 3 Ordinance abandoning and vacating an undeveloped and unsurfaced 521.60 square-foot portion of the Laurelas Drive public street right-of-way out of Rancho Vista Subdivision Unit 3 and requiring the owners, Yorktown Oso Joint Venture and American Bank, to comply Corpus Christi Page 9 Printed on 7/92/2013 City Council Meeting Minutes July 9,2093 with specified conditions. Mayor Pro Tern Riojas referred to Item No. 12. Director of Development Services Mark Van Vleck made a brief presentation regarding the street right-of-way closure. Council Member Magill made a motion to open the public hearing,seconded by Mr.Scott,and passed. There were no comments from the public or Council. Council Member Magill made a motion to close the public hearing,seconded by Mr. Loeb,and passed.The foregoing ordinance was passed on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill,Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 N. REGULAR AGENDA: {ITEMS 13 -14] 13 Purchase of Police Motorcycles Motion approving the purchase of six (6) police motorcycles from GRAMB, Inc. dba Corpus Christi CyclePlaza, Corpus Christi, Texas in accordance with Request For Proposal No. 61-0087-13 based on best value for an estimated expenditure of$163,386.00, of which $149,886.00 is required for the remainder of FY 2012-2013. Funding is available in the FY 2012-2013 Capital Outlay Budget. Mayor Martinez referred to Item No.13. Assistant Director of Financial Services Mike Barrera discussed the process for purchasing the police motorcycles,and noted that the purchase was awarded on best value rather than low bid. He said that the recommended contractor will also provide routine maintenance for the motorcycles. Police Chief Simpson stated that with the procurement,the Police Department would standardize the motorcycle fleet with the Victory cycles being recommended. Council members asked questions regarding the following issues: why the procurement was being awarded on best value rather than low bid;and the roles and responsibilites of the Crime Control and Prevention District Board. Mayor Martinez asked for public comment. Abel Alonzo aske staff to explain what a best value bid award is based on. Matt Werkoven with Corpus Christi CyclePlaza spoke in support of their proposal. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal,Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 Enactment No: M2013-106 14 Second Reading Ordinance -Setting Terms and Conditions for Corpus Christi Page 10 Printed on 7/12/2013 City Council Meeting Minutes July 9,2013 Recycled Water Service (1st Reading 6111113) Ordinance amending the Code of Ordinances by adding Article XJX, Recycled Water to Chapter 55 to provide for recycled water service, recycled water rates, recycled water delivery; providing for penalties; providing for severance; and providing for publication. Mayor Martinez referred to Item 14. City Engineer Dan Biles stated that the purpose of the agenda item was to set terms and conditions for recycled water service including establishing a rate and monthly charge for usage. He said staff had incorporated the amendments Council had requested on first reading. He also presented 3 recommended motions to amend prior to second reading for Council consideration. The first amendment would allow the Director of Wastewater to negotiate with fracking companies on the rate. The second amendment was related to grant credits for dedicated infrastructure. City Engineer Biles stated one of the motions extends that exemption for city-owned property to include independent school districts,public institutions of higher education,Nueces County,and agencies and departments of the State of Texas. City Manager Olson clarified the exemption also applies to city-owned property that is leased,such as golf courses and Corpus Christi Botanical Gardens. Council members asked questions about how the exemptions could affect revenues;definition of offsite facilities;the$50,000 limit on contracts requiring Council approval.Mayor Martinez called for public comment. Mr.John Casey with Texas A&M University Corpus Christi,thanked the Council and staff for using effluent amendment related to exemptions for public institutions for higher learning. The Council asked staff to develop an outreach program with industry. After discussion,the Council decided not to accept the first amendment related to fracking companies until a later date. Council Member Garza made a motion to amend the ordinance prior to second reading,seconded by Council Member Loeb,as follows:to provide for the ability to credit for dedicated infrastructure;and to exempt independent school districts,public institutions of higher education,Nueces County,and agencies and departments of the State of Texas. The motion to amend passed with the following vote:Mayor Martinez,Council Members Allen,Garza, Leal, Loeb,and Magill,voting"Aye",Council Member Riojas abstained;and Council Members McIntyre and Scott were absent. The foregoing ordinance passed on second reading as amended with the following vote: Aye: 6- Council MemberAllen, Council Member Leal,Council Member Loeb, Mayor Martinez, Council Member Magill and Council Member Garza Absent: 2- Council Member Scott and Council Member McIntyre Abstained: 1 - Council Member Riojas Enactment No: 029884 O. FIRST READING ORDINANCES: (ITEMS 15 -23) 15 First Reading Ordinance-Approving and adopting an appeals process for the Street Maintenance Fee Ordinance adopting the Appeals Process for the Street Maintenance Corpus Christi Page 11 Printed on 711212013 City Council Meeting Minutes July 9,2013 Fee attached as Exhibit "A" (Appeals Process); authorizing the City Manager to establish rules and procedures related to the Appeals Process; and authorizing the City Manager to take actions necessary to effectuate its purposes. Mayor Martinez referred to Item 15. Assistant City Manager Oscar Martinez stated that the purpose of the item was to establish a general appeals process for the Street Maintenance Fee that was approved by Council on June 25. He reviewed the process for residential and low-income customers.Council discussion centered around the ability to identify non-profit agencies,and whether they should be exempted this year. The foregoing Ordinance was passed on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 16 First Reading Ordinance-Amending the Code of Ordinances to establish a Street Maintenance Fee Board of Appeals Ordinance amending the Code of Ordinances by adding Section Division 29, to Chapter 2, to establish the Street Maintenance Fee Board of Appeals; providing for severance; and providing for publication. Mayor Martinez referred to Item 16. Assistant City Manager Oscar Martinez stated that the purpose of the item was to establish a Street Maintenance Fee Board of Appeals. Mayor Martinez asked for public comment and Council comment,and there was none. The foregoing Ordinance was passed on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal,Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 17 First Reading Ordinance-Waterline easement dedication for constructing a potable waterline to education facility Ordinance authorizing the City Manager or designee to execute a Waterline Easement to dedicate and grant to the Coastal Bend Bays and Estuaries Program (CBBEP) a fifteen (15) foot wide easement across a 8.646-acre City-owned tract of land to construct a potable waterline across city property for purposes of supplying potable water to the CBBEP's education facility, located on CBBEP-owned land. Mayor Martinez referred to Item 17. City Engineer Dan Biles stated that the purpose of the item is to construct a potable water line across the City's land Corpus Christi Page 12 Printed on 711212013 City Council Meeting Minutes July 9,2013 to an education facility located on Coastal Bend Bays and Estuaries-owned land. Mayor Martinez asked for public comment and Council comment,and there was none. The foregoing ordinance was passed on first reading with the following vote: Aye: 8- Council MemberAllen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 18 First Reading Ordinance-Appropriating fund proceeds from interest and other revenues into the City's Capital Improvement Program Funds Ordinance appropriating $15,697.59 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565to increase expenditures by$15,697.59; appropriating$131,046.95 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565to increase expenditures by$131,046.95; appropriating $87,780.05 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by$87,780.05; appropriating $17,720.72 in SPECIALTY BOND PROCEED interest earnings, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, Energy Efficiency Bonds and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type Board; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $17,720.72; and appropriating $100,666.05 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for partial payment of the Billings Clem Marina construction improvements as approved by City Council on May 28, 2013 and repayment of approved assessment projects; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by$100,666.05. Mayor Martinez referred to Item 18. City Engineer Dan Biles stated that the Corpus Christi Page 12 Printed an 719212013 City Council Meeting Minutes July 9,2013 purpose of the item was to appropriate all unappropriated capital proceeds accrued through April 30,2013 in the City's Capital Improvement Program funds.Mayor Martinez asked for public comment and Council comment,and there was none. The foregoing ordinance was passed on first reading with the following vote: Aye. 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 19 First Reading Ordinance -Approving reimbursement agreement and appropriating funds to reimburse developer for the construction of a collection line located along the south side of State Highway 44; east of Heinsohn Road and west of North Padre Island Drive Ordinance authorizing execution of a sanitary sewer collection line extension construction and reimbursement agreement ("Agreement") with 5961 HWY 44, LLC ("Developer"), for the construction of a sanitary sewer collection line and appropriating $18,710.61 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. Mayor Martinez referred to Item 19. Director of Development Services Mark Van Vleck stated that the purpose of the item was to allow the developer to install a 500 linear feet of 8-inch sanitary sewer collection line extension to provide adequate wastewater to a proposed body shop development. Mayor Martinez called for public comment and Council comment,and there was none. The foregoing ordinance was passed on first reading with the following vote: Aye: 8- Council MemberAllen, Council Member Leal,Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 20 First Reading Ordinance -Appropriating funds to reimburse the developer for the construction of a sanitary sewer collection line located on State Highway 44, west of Bockholt Road and east of Clarkwood Road Ordinance appropriating $191,607.92 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse N. M. Edificios, LLC, ("Developer') for the construction of the sanitary sewer collection line improvements in accordance with the approved reimbursement agreement executed with the Developer. Corpus Christi Page 14 Printed on 7/1212013 City Council Meeting Minutes July 9,2013 Mayor Martinez referred to Item 20. Director of Development Services Mark Van Vleck stated that the purpose of the item was to reimburse the developer for construction of the10-inch sanitary sewer collection line improvements. Mayor Martinez called for public comment and Council comment,and there was none. The foregoing ordinance was passed on first reading with the following vote: Aye: 8- Council MemberAllen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 21 First Reading Ordinance -Approving reimbursement agreement and appropriating funds to reimburse developer for the construction of a collection line located east of South Navigation Boulevard and south of Bates Drive Ordinance authorizing execution of a wastewater collection line extension and reimbursement agreement("Agreement") with Thomas S. Davis ("Developer"), for the construction of a wastewater collection line and appropriating $11,782.50 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse Developer in accordance with Agreement. Mayor Martinez referred to Item 21. Director of Development Services Mark Van Vleck stated that the purpose of the item was to reimburse the developer for the construction of an 8-inch collection line required to serve the proposed Lot 2,Block 1,Saxet Industrial. Mayor Martinez called for public comment and Council comment,and there was none.The foregoing ordinance was passed on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal,Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 22 First Reading Ordinance -Authorize a lease and concession agreement with Tailwind CRP, LLC for operation of food and beverage concession at Corpus Christi International Airport and termination of existing lease with Game Time Ordinance authorizing the City Manager, or designee, to terminate the Lease Agreement between the City of Corpus Christi and Amarillo Sports Services, Inc. dba Game Time Food and Beverage Services, Inc. ("Game Time") and execute an Airport Facilities Lease and Concession Agreement ("Lease")with Tailwind CRP, LLC ("Tailwind") for the operation of a food and beverage concession at the Corpus Corpus Christi Page 15 Printed on 7/1212013 City Council Meeting Minutes July 9,2013 Christi International Airport ("Airport"), in consideration of the greater of an annual minimum rental fee or a sum equal to twelve percent (12%) of all food, sundries and non-alcoholic beverages gross revenues and sixteen percent (16%) of all alcoholic beverages gross revenues, for a term of five (5) years. Mayor Martinez referred to Item No.22. Director of Aviation Fred Segundo stated that the purpose of the item was to recommend terminating the existing lease with Game Time and approval of a five-year lease agreement with Tailwind for operation of three food venues at the airport. Council member asked questions regarding whether the staff had conducted customer surveys, and timeline for the construction. Mayor Martinez called for public comment, and there was none.The foregoing ordinance was passed on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 23 First Reading Ordinance -Amending the lease agreement with the Columbus Sailing Association regarding the Nina Ordinance authorizing the City Manager or designee to execute an amendment to the Lease Agreement with the Columbus Sailing Association ("CSK) for the lease of the Columbus ship, Nina; appropriating $8,800 of revenue in the No. 1020 General Fund from the sale of lead ballast from the Santa Maria for payment to CSA for the cost associated with the repair and restoration of the Nina; changing the FY 2012-2013 operating budget adopted by Ordinance No. 029565 by increasing revenues and expenditures by $8,800 each; providing an effective date; and providing for publication. Mayor Martinez referred to Item 23. Assistant City Manager Wes Pierson stated that the purpose of the item is to amend the lease agreement with the Columbus Sailing Association for the lease of the Columbus Ship Nina. The major elements of the lease were to The foregoing ordinance was passed on first reading Aye: 8- Council MemberAllen, Council Member Leal,Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Council Member McIntyre Abstained: 0 P. FUTURE AGENDA ITEMS: ITEMS 24-28, 31) Mayor Martinez referred to the Future Agenda items. Assistant City Manager Susan Thorpe stated that the staff had presentations on Items 26 and 27. Corpus Christi Page 1 8 Printed on 111212013 City Council Meeting Minutes July 9,2013 24 Engineering Construction Contract for the O.N.Stevens Water Treatment Plant-Water Utilities Lab HVAC Rehabilitation Motion authorizing the City Manager, or designee, to execute a Construction Contract with Scott Air Conditioning & Heating Co. of Corpus Christi, Texas in the amount of$68,470.00, for the O.N. Stevens Water Treatment Plant HVAC Rehabilitation. This Motion was recommended to consent agenda. 25 Resolution in support of AEP Texas Central Company's LED Pilot Program Resolution supporting AEP Texas Central Company's (AEP) "LED Pilot Program"to provide LED Street Lighting Service on Chaparral Street and other mutually agreed to locations within the City of Corpus Christi; and supporting any amendments to AEP's Tariff necessary to make the service available. This Resolution was recommended to consent agenda. 26 Engineering design contract amendment No. 1 for the Citywide Street Overlay and Seal Coat Indefinite Delivery/indefinite Quantity (Pilot) Program Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Contract for Professional Services with RH Shackelford, Inc. from Corpus Christi, Texas in the amount of $743,360.00, for a re-stated fee not to exceed $789,110.00 for Citywide Street Overlay and Seal Coat Indefinite Delivery/Indefinite Quantity Program-Pilot Program. This Motion was recommended by staff to Regular Agenda. 27 Engineering Design Contract-Amendment No. 3 for the New Broadway Wastewater Treatment Plant Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $1,120,662.00, for the New Broadway Wastewater Treatment Plant for construction observation services. This Motion was recommended by staff to Regular Agenda. 28 Change Order No. 5 for Corpus Christi International Airport Runway 17 -35 Extension/Displacement and Connecting Taxiway Project Motion authorizing the City Manager, or designee, to execute Change Corpus Christi Page 17 Printed on 711212013 City Council Meeting Minutes July 9,2013 Order No. 5 to the Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of$718,655.07 for a total restated fee not to exceed $13,728,905.59, for the Corpus Christi International Airport (CCIA) Runway 17-35 Extension/ Displacement and Connecting Taxiway Project. This Motion was recommended to consent agenda. 31 Amending Council Policy regarding Board Recommendations Resolution amending City Council policies for City board, committee, and commission appointment recommendations. This Resolution was recommended to consent agenda. Q. BRIEFINGS TO CITY COUNCIL: (ITEM 32) 32 Utility Business Office Collections Management Program Mayor Martinez referred to Item 32. Assistant City Manager Margie Rose stated that the purpose of the presentation is discuss the new program. She mentioned the selected findings of the a recent audit, including administration of customer payment plans,disconnection of delinquent account,and write offs.Assistant Director of Financial Services Mike Barrera stated that the new program will require updates to the code of ordinances,a proactive approach to customer assistance,accelerated enforcement of delinquencies,and honor existing customer agreements. The new program will also disconnect all delinquent customers,provide for a neutral Board, requires entire delinquent account balance to be paid once disconnected,and extended hours of service. He discussed the goals of the program. He also provided a timeline for program implementation and public education program. He introduced Ms. Rose Leal Flores with the UBO. Council member discussed the following issues: electronic appointment process; how Council members can handle constituent complaints; more reader friendly utility bills;ability to autopay utility bills(ACH);more secure locks on delinquent meters; more staff to handle customer concerns;and coordinating efforts with Municipal Court and Legal. R. ADJOURNMENT Mayor Martinez adjourned the meeting at 7:15 p.m. Corpus Christi Page 18 Printed on 711212013 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 9, 2013 1852 Action Item for the City Council Meeting of July 23, 2013 DATE: June 27, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Gustavo Gonzalez, P.E., Director of Water Operations GustavoGo@cctexas.com (361) 826-1874 Engineering Construction Contract O.N. Stevens Water Treatment Plant—Water Utilities Lab HVAC Rehabilitation CAPTION: Motion authorizing the City Manager, or designee, to execute a Construction Contract with Scott Air Conditioning & Heating Co. of Corpus Christi, Texas in the amount of $68,470.00, for the O.N. Stevens Water Treatment Plant - Water Utilities Lab HVAC Rehabilitation. PURPOSE: The purpose of this Agenda Item is to execute the Construction Contract for O.N. Stevens Water Treatment Plant- Water Utilities Lab HVAC Rehabilitation. BACKGROUND AND FINDINGS: The project consists of the demolition and replacement of two existing above ceiling direct expansion air handling and condensing units and controls, duct modifications to resolve existing comfort control issues and assist in airside balancing, relocation of two existing thermostats, installation of three inline exhaust fans, the demolition of a single existing rooftop fan, complete airside balance of entire building, including outdoor air balance to insure positive building pressurization, and waterside balance of existing chilled/hot water loops. Also included is the provision and installation of controls necessary to integrate existing chilled/hot water air handling unit, control temperature in lab, humidity in lab, and differential pressure between lab and adjacent spaces via introduction of conditioned outdoor air and all associated demolition, mechanical, and electrical work associated with entire scope outlined above. On May 29, 2013, the City received proposal from three (3) bidders and their respective bids are as follows: Contractor Base Bid Scott Air Conditioning & Heating Co. $68,470.00 Corpus Christi, TX Malek, Inc. Corpus Christi, TX $96,000.00 Miller & Miller Mechanical Co. $126,500.00 Corpus Christi, TX The City's engineer, Stridde, Callins &Associates, Inc., conducted a bid analysis of the three (3) proposals submitted to the City. The lowest bidder, based on the Total Base Bid, is Scott Air Conditioning & Heating Co. of Corpus Christi, Texas. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Scott Air Conditioning & Heating Co. has the experience and resources to complete the project. ALTERNATIVES: 1. Execute the Contract for Professional Services with Scott Air Conditioning & Heating Co. as proposed. 2. Do not execute the Contract for Professional Services with Scott Air Conditioning & Heating Co. as proposed. OTHER CONSIDERATIONS: Competitive bid construction contract amount of $68,470.00 is below Engineer's estimate of probable construction of$73,900.00. CONFORMITY TO CITY POLICY: Conforms to statues regarding construction procurement criteria; FY 2012-2013 Water Operating Budget EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: ® Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $95,654.00 $95,654.00 Encumbered / Expended Amount $22,050.00 $22,050.00 This Item $68,470.00 $68,470.00 Future Anticipated Expenditures This Project $5,134.00 $5,134.00 BALANCE $0.00 $0.00 Fund(s): Water Operating Comments: This project requires approximately 90 calendar days with anticipated completion November 2013. The Construction Contract will result in the expenditure of an amount not to exceed $68,470.00. RECOMMENDATION: City Staff recommends the contract be awarded to Scott Air Conditioning & Heating Co. of Corpus Christi, Texas, in the amount of$68,470.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET O.N. Stevens Water Treatment Plant -Water Utilities Lab HVAC Rehabilitation PROJECT FUNDS AVAILABLE: Water Operating... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....... ... ... ... ... ... ... ... $95,654.00 FUNDS REQUIRED: Construction with contingencies (Scott Air Conditioning & Heating Co.)... ... ... ... ... . $68,470.00 Engineer Fees: Assessment & Report... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 4,750.00 Design... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 15,570.00 Construction Management... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 1,730.00 Engineer TOTAL (Stridde, Callins & Associates, Inc.)... ... ... ... ... ... ... ... ... ... ... ... ... 22,050.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... ... ... ... .. 1,541.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)... ... ... ... ... ... ... ... ... ... ... 2,396.00 Finance....... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 855.00 Misc. (Printing, Advertising, etc.)..... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 342.00 TOTAL... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . $95,654.00 PROJECT BUDGET BALANCE........................................................ $0.00 File \Mproject\councilexhibits\exhEl2037.dwg N PROJECT r r �r I LOCATION r S Y :>�' �. Er,�.r }< �1 ��r f<1;: /»itfi n » ✓ f�/»' n�a`"i, 1 l T S f f try r r'rz z cs �r yy a z acs .l rtz f s n' r� /P � <r r is��j/ � � t ✓� ��rr�l 9. �r ''' r �.�?I 1 f i:,.. FJJr�� r t fl r„f'� �}�' r'."f/. //s li}Z f�a lr !I ✓?�. '£ `� S£, t' F (,' ✓ r j t vs� 7"'d� I } S`.r ✓stid� �r� tZ' } LOCATION MAP NOT TO SCALE PROJECT#E12037 O.N. Stevens Water Treatment Plant CITY COUNCIL EXHIBIT Water Utilities Lab CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES HVAC Rehabilitation PAGE: 1 of 1 = _ .4@US Ga 0 AGENDA MEMORANDUM NoP© pEO Future Item for the City Council Meeting of July 9, 2013 1852 Action Item for the City Council Meeting of July 16, 2013 DATE: June 27, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Resolution in Support of AEP's LED Pilot Program CAPTION: Resolution supporting AEP Texas Central Company's (AEP) "LED Pilot Program" to provide LED Street Lighting Service on Chaparral Street and other mutually agreed to locations within the City of Corpus Christi; and supporting any amendments to AEP's Tariff necessary to make the service available. PURPOSE: The purpose of this Agenda Item is to pass a resolution in support of AEP's LED Pilot Program which will provide LED Street Lighting Service on a portion of Chaparral Street from William to Schatzell and on other mutually agreed to locations. BACKGROUND AND FINDINGS: AEP approached the City about participating in a pilot program for AEP-owned and maintained LED street lighting fixtures installed for the purpose of illuminating public streets, highways and parking lots. Under this program, the City would pay a one-time expense for the installation of the lights and a monthly energy consumption charge. If the program works as anticipated, cost for lighting the designated pilot area on Chaparral Street from William to Schatzell will be less than the existing Municipal Street Lighting Service rate. If the program is successful, the City and AEP could agree to add more city streets to the program and expand AEP's LED lighting service at other locations within the city limits. LED lights last longer than existing lights, provide a brighter light and consume less energy which should result in a cost savings to the City. This item includes support of any amendments to AEP's Tariff necessary to make the service available. ALTERNATIVES: 1. Pass a Resolution in support of AEP's LED Pilot Program. 2. Do not approve the Resolution in support of AEP's LED Pilot Program. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City policy regarding Resolutions approved by City Council. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: N/A Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This Item Future Anticipated Expenditures This Project BALANCE Fund(s): Comments: On June 11, 2013, the City Council approved in Contribution-in-Aid of Construction Agreement with AEP in the amount of $51,032.14 for the installation of LED lighting on Chaparral Street from William to Schatzell. RECOMMENDATION: City Staff recommends approval of the Resolution in support AEP's LED Pilot Program. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution supporting AEP Texas Central Company's (AEP) "LED Pilot Program" to provide LED Street Lighting Service on Chaparral Street and other mutually agreed to locations within the City of Corpus Christi; and supporting any amendments to AEP's Tariff necessary to make the service available. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City of Corpus Christi hereby supports AEP Texas Central Company's (AEP) "LED Pilot Program" as outlined in AEP's proposal (attached as Exhibit "A") to provide LED Street Lighting Service on a portion of Chaparral Street and on other mutually agreed to locations within the City of Corpus Christi, at the trial rates described therein. Section 2. The City of Corpus Christi hereby supports actions AEP must take, including any actions necessary to amend AEP's Tariff, in order to make LED Street Lighting Service available at the trial rates described in Exhibit A. Section 3. This resolution takes effect immediately upon its adoption. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott AEP TEXAS CENTRAL COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable: City of Corpus Christi Chapter: 6 Section: 6.1.1 Section Title: Delivery System Charges Revision: Original Effective Date: August 1, 2013 6.1.1.1.6.4 LED STREET LIGHTING - CITY OF CORPUS CHRISTI LED PILOT PROGRAM AVAILABILITY This LED Pilot Program is available only to The City of Corpus Christi for service to Company-owned and maintained LED street lighting fixtures installed upon request for the purpose of illuminating public streets, highways and parking lots. This LED Pilot Program is available until August 1, 2016 at which time the service will continue to be supplied to existing facilities at the sole discretion of the Company. The number of lights available under the LED Pilot Program may be limited at the discretion of the Company. The Company may terminate the LED Pilot Program and upon approval of the Commission include a similar service under the Company's existing Municipal Street Lighting Service rate schedule. Service will be provided from Company's existing distribution system by means of Company-owned and maintained standard luminaire installed on Company's existing overhead distribution system wood poles. Costs for the fixture (less cost of comparable UPS fixture), all added distribution facilities, ornamental poles, or ornamental fixtures, conforming to standard specifications and mutually satisfactory to both the Retail Customer and the Company, will be reimbursed to the Company by an initial non- refundable payment and Retail Customer will not acquire any title in said facilities by reason of payment. Retail Customer will also be responsible for the cost of any associated circuit work. The Retail Customer agrees to provide, at no cost to the Company, all required right-of- way together with tree trimming permits for installation of the system and any permit necessary to allow the Company the right to use highway, parkway, and street right-of- way for maintenance of the system. TYPE OF SERVICE The electric service furnished hereunder is unmetered and billing is based on the kilowatt hours (kWhs) stated in this Tariff. MONTHLY RATE I. Transmission and Distribution Charges: Customer Charge $3.20 per account Facilities Charge See chart 137-1 AEP TEXAS CENTRAL COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable: City of Corpus Christi Chapter: 6 Section: 6.1.1 Section Title: Delivery System Charges Revision: Original Effective Date: August 1, 2013 Transmission System Charge $0.002512 Per kWh Distribution System Charge $0.015489 Per kWh LED STREET LIGHTING FACILITIES RATE Description Code kWh Facilities Price LED 45 Watt 980 15 $5.43 90 Watt 981 30 $5.85 130 Watt 982 43 $8.60 II. System Benefit Fund Charge: $.000662 per kWh See SBF 6.1.1.4 HI. Transition Charge: See Riders TC 6.1.1.2.1.1, TC-2 6.1.1.2.2.1 and TC-3 6.1.1.2.3.1 IV. Nuclear Decommissioning Charge: See Rider NDC 6.1.1.5.1 V. Transmission Cost Recovery Factor: See Rider TCRF 6.1.1.6.2.1 VI. Excess Mitigation Credit: Not Applicable VII. State Colleges and Universities Discount: Not Applicable VIII. Other Charges or Credits: Not Applicable COMPANY-SPECIFIC APPLICATIONS The Company will furnish to the Retail Customer, street light facilities for the operation from dusk to dawn of street lights served under this LED Pilot Program. In the case where the lighting service is provided utilizing underground circuit(s), the Retail Customer will provide all trenching and back-filling necessary for the installation of the circuit(s). The Company will, upon request of Retail Customer, relocate, remove, or change any of its facilities used in rendering service hereunder insofar as it may be practical and permissible, or will render service under any other street lighting service rate offered by the Company provided Retail Customer pays to Company, prior to the time such change is made or such different street lighting service is rendered, all costs incurred by 137-2 AEP TEXAS CENTRAL COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable: City of Corpus Christi Chapter: 6 Section: 6.1.1 Section Title: Delivery System Charges Revision: Original Effective Date: August 1, 2013 Company in making the change, including costs of equipment or facilities rendered unusable. If an outage of a street light under this tariff occurs, Retail Customer shall notify the Company promptly of such outage and the Company will make repairs during regular working hours at the Company's expense, but with no adjustment of payments due to the outage. Routine maintenance repairs under this tariff will normally be completed within three (3)business days after notification. In the event that a lighting service is being provided in an area where it is subject to vandalism, the Retail Customer will be responsible for reimbursing the Company for all costs of maintaining the light(s), and if the vandalism is severe enough, in the Company's sole opinion, lighting service under this Tariff may be refused or terminated. Transmission Service will be furnished by the Transmission Service Providers (TSPs) and not the Company. The Company provides only the billing function for TSPs. NOTICE This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities. 137-3 .4@US Ga 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 9, 2013 NoP© p,EO Action Item for the City Council Meeting of July 16, 2013 1852 DATE: July 2, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826-3729 Fred Segundo, Director of Aviation freds @cctexas.com, (361) 289-0171 Approval of Change Order No.5 for Corpus Christi International Airport Runway 17-35 Extension/ Displacement and Connecting Taxiway Project CAPTION: Motion authorizing the City Manager, or designee, to execute Change Order No. 5 to the Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of$718,655.07 for a total restated fee not to exceed $13,728,905.59, for the Corpus Christi International Airport (CCIA) Runway 17-35 Extension/ Displacement and Connecting Taxiway Project. PURPOSE: To execute Change Order No. 5 for Corpus Christi International Airport Runway 17-35 Extension/Displacement and Connecting Taxiway Project with Bay Ltd. In accordance with below described FAA designed revisions and remain on schedule for an October 15, 2013 Flight Check which is critical to the additional funding of future project Runway 13-31 Extension/Displacement and Connecting Taxiway. BACKGROUND AND FINDINGS: The construction contract for this project was awarded on September 17, 2012 to Bay Ltd. in the amount of $12,841,419.06. The project began construction on October 29, 2012, with an anticipated completion date of October 29, 2013. The project extended the existing 6,080 foot Runway 17 to the North 600 feet and provides high strength pavement that is capable of accommodating a full range of aircraft. The Federal Aviation Administration (FAA) approved design and work to be done under this project for the installation of various Navigational Aids (NAVAIDS) for the runway. This NAVAIDS work was generally described within the original scope of the project; however, after construction began several changes and upgrades were determined necessary due to revised FAA requirements. The FAA, CCIA, KSA Engineers and the Engineering Department determined that in order to mitigate impacts to the overall projects' schedule and because of the complexity associated with the project; it was more efficient to have the current Contractor perform this work in their respective construction locations. Having the same Contractor perform this work eliminates the possibility of having another Contractor interfere with the ongoing critical path work activities of the Runway 17-35 Expansion. This enables this work to be done in a manner consistent with the FAA requirements and remain on schedule for flight check. Attached is Change Order No. 5, detailing the described scope of these changes. The NAVAIDS work required to be installed and functioning under this change order agreement is to be completed by the October 15, 2013, Flight Check Date. ALTERNATIVES: 1. Execute Change Order No. 5 with Bay, Ltd. as proposed. 2. Do not Execute Change Order No. 5 with Bay, Ltd. as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; Texas Local Government Code §252.048 regarding Change Orders; FY 2012-2013 Airport Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Expenditures Future Fiscal Year: 2012-2013 (CIP only) Current Year 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 PROJECT BUDGET $18,725,081.38 $19,291,081.38 Encumbered / Expended Amount (566,000.00) (566,000.00) This item (718,655.07) (718,655.07) Future Anticipated Expenses This Project (15,688,699.85) (15,688,699.85) BALANCE $2,317,726.46 1 $2,317,726.46 Fund(s): Airport CIP Grants (3020) and Airport 2012 CO CIP (3026) Comments: The construction contract will be paid out of an FAA grant and a grant match. RECOMMENDATION: City Staff recommends executing Change Order No. 5 to the Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $718,655.07 for a total restated fee not to exceed $13,728,905.59, for the Corpus Christi International Airport Runway 17-35 Extension/ Displacement and Connecting Taxiway Project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map File \Mproject\councilexhibits\exhE11046.dwg FECES o `� F.M. 624 MUECES PAY 101. N � Up z � ROAD a Q o "37 CORPI.IS o z o CHIUSTI AGN ES AM S HWY 44 MORGAN CCIA McGL01N RD. c� W PMT PROJECT LOCATION LOCATION MAP NOT TO SCALE N /�, ,�,v CORPUS CHRISTI� INTERNATIONA AIRPORT -�� PROJECT SITE X SITE PLAN PROJECT# E11046 NOT TO SCALE CONTRACT AMENDMENTS No. 5 CITY COUNCIL EXHIBIT INFIELD TAXIWAY CONNECTORS/RUNWAY 17-35 DEPARTMENT OF ENGINEERING'SERVICES PAGE: 1 of 1 PROJECT BUDGET Runway 17/35 Connecting Taxiways Project 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 Change Orders 1 thru 4.................................................................................. $ 168,831.46 Change Order No. 5...................................................................................... $ 718,655.07 Engineer Fees: Engineer- 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 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)................................. $ 321,035.48 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)..................................... $ 321,035.48 Finance Reimbursements................................................................................ $ 192,621.29 Misc. (Printing, Advertising, etc.)....................................................................... $ 64,207.10 TOTAL $ 16,407,354.92 ESTIMATED GRANT BUDGET BALANCE $ 2,317,726.46 *Task Order No. 3 approved by City Council on May 17, 2011. **Amendment No. 9 approved by City Council on September 25, 2012, M2012-174 CHANCE ORDER Department of Engineering Services City of Corpus Christi,Texas CHANGE ORDER 5 FUNDING SOURCE': E11046(AP-138) CON TRACT I-IME: 365 days Operating Dcpartmem: Aviation DATE- June 25,2013 Name of Preject- RunwaX 17-35 RunwuX Extension/Displacement and Connecting Taxiway Project (11/05/2013) Pinson Road,Draina&c ImpmvementsandNorthGeneral Aviation Apn)n Items (04/26/2(113) Runwav and NAVAIDS Items(08/01/2013) Contractor: Ben Contractin g,LP dl a B2 X,Ltd.,11.0.Box 9808,Corpus Christi,Texas 78469 CHANGE ORDER ADD CO 5 ITEMS TOTALED S718,655.07 Total: $718,655.07 Why was this than neccs;saEj!_If,Ieft off the lens and specifications,elptain_ These uanti! and desiLn chap es were made at the direction of the FAA to ca 2lj with revised l"AA design rNuirements, How can similar changes be avoided in the future? Unavoidable. CONTRACT Pinson Rd& No. Runway& G.A.Apron Item NAVAID Items A. CONTRACT $12,841,419.06 B. TOTAL CHANGE ORDERS (including/current) $887,486.53 C. NEW CONTRACT $13.72&905,59 D. T141S CHANGE $718,655.07 E. PERCENT TOTAL CHANGE(WA) 6,91% ORIGINAL COMPLETION DATE 111512013 412612013 8/1121113 I". PREVIOUS ADDITIONAL TIME AUTHORIZED 1 15.75 0 G, ADDITIONAL TIME'rnis CHANGE ORDER 6 75 1-1. REVISED COMPLETION DATE 11/24/2013 5/18/2013 10/1512013 C, Prqjec M nagcr CITY OF CORPUS CHRISTI, CONTRACTOR 13y: (-04LZ61127 By: birector of Engineering Services APPR!V (./�?6`/( —� Thic: Operating Department Dir.of Management&Budget gal Department A A AS A 1 1 1 1 1 1 1 A I is AS A I I . . . . . . . . . . . . . . . . . . . . . . . e 2 . . . . . . . . . . . . . . . - - - - - T - - - - - - - HR v 'd r- z m q I q q a a g zi sf u q q E� 2 zr 5 3 4 E R 16 ox C9 F 2 e c E ca �WEM&g M Mal 6 U�.ffil 1 2f Xq _q 1 7.- 7R . . . . . . . . . . . . . . . . . . . . i. . . . . . a 5 a a Z a 9 t; FT n IN ig Sic ol ar -R 61 2 PEI 7 Z 19-A A 6 T 51 10 NAM i 9 1 jf 1 SIR r -1 ' a 5 ® ,## M + . - F L. i �✓ [T Cao ie 6 is 4 F s sis s s' s 6 i 1 �Jji92l r w w w m _ L y MIN rz L SF i GO IS IN"' } r } n � v 1 Slr y 11 _ MEN w Ifs .� - DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET July 9, 2013 PROJECT: CCIA Runway 17/35 Extension/Displacement Connectivity Taxiways (Project No. E11046) APPROVED: City Council Ordinance 029621 on September 11, 2012 CONTRACTOR: Bay, Ltd. P.O. Box 9908 1414 Valero Way Corpus Christi, TX 78469-9908 TOTAL CONTRACT AMOUNT (September 11, 2012) $12,841,419.06 Ord. 029621 25% Limit Amount $3,210,354.77 Change Order No. 1 $30,405.15 Administrative Approval Change Order No. 2 $47,847.77 Administrative Approval Change Order No. 3 $49,684.14 Administrative Approval Change Order No. 4 $40,894.40 Administrative Approval Change Order No. 5 $718,655.07 Total All Change Orders $887,486.53 6.91%<25% NEW CONTRACT PRICE $13,728,905.59 KAEngineering Data Exchange\ClarissaJ\Airport\Combo Item Runway 17-35-E11046,E11122,E11123\Agenda Item-Change Order\Change Order Summary.docx c° a I AGENDA MEMORANDUM p4�q Future Item for the City Council Meeting of July 9, 2013 Action Item for the City Council Meeting of July 23, 2013 DATE: May 313 2013 TO: Donald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (381) 828-3082 espcctexas.com FROM: Emily Martinez (381) 8824 emartinez@ccredc.com Tax Abatement Agreement for Kinney Hotel Partners LTD CAPTION Resolution authorizing the execution of an agreement with Finney Hotel Partners LTD providing for temporary property tax abatement. PURPOSE Granting a tax abatement to Kinney Hotel Partners LTD for a term of up to eight years. BACKGROUND AND FINDINGS: Finney Hotel Partners LTD submitted an application for incentives to the City of Carpus Christi requesting tax abatement for the property located at 318 Born Street. The development is located within Downtown„ a council identified catalyst area, and is within an enterprise zone designated pursuant to the Texas Government Code. In accordance with the City's Tax Abatement Guidelines and Criteria, Kinney Hotel Partners LTD is seeking tax abatement as per section 2 (1) (3)of the Guidelines: The level of any New Facility, Expansion, or Modernization that is located within a Catalyst Area or that is a Locally-Owned Facility is increased by one level above the standards set forth in Section (l)(1)and (2)above, with a minimum level of 3 for any project. Further, if a Facility qualifies under both the capital investment qualification criteria and the new jobs and salary criteria, the Facility will be increased by one level above the highest criteria level achieved. Level 3 provides a maximum number of 8 years tax abatement, including up to 2 years during construction. The increment value of the City's ad-valorem tax will be abated based on the following schedule: • Years 1-5 100% (not to exceed 2 years for construction) • Year 6 75% • Year 7 50% • Year 8 25% The building to be constructed will become a hotel. Improvements are estimated to be approximately $4.7 million of which $4.7 million is eligible for tax abatement. The property is currently appraised at $438,670.00. ALTERNATIVES: There are no other incentives available for a project of this size. It is below the investment limits for a County or College District abatement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This tax abatement is eligible for a Level 3 treatment. It is in the downtown catalyst area and it will be locally owned EMERGENCY/ NON-EMERGENCY: NON-EMERGENCY FINANCIAL IMPACT: F-5 Operating Revenue o Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 147,489 147,489 BALANCE 147,489 147,489 Fund(s). General Comments: In a ten year analysis of tax receipts, the City would receive $25,029 for the property if the land remains vacant. The City would receive $147,489 more if the project is approved over a ten year period. The total taxes the City would receive if the project goes forward is $172,518 for the ten year period- RECOMMENDATION: Staff recommends approval to grant tax abatement to Kinney Hotel Partners LTD, the owner of taxable property located at 318 Born Street in accordance with the City's Tax Abatement Guidelines and Criteria. LIST OF SUPPORTING DOCUMENTS: Resolution Certification of Funds Tax Abatement Agreement Page 1 of 2 Resolution Authorizing the execution of an agreement with Kinney Hotel Partners LTD providing for temporary property tax abatement. Whereas, the Texas Property Redevelopment and Tax Abatement Act (the "Act"), Texas Tax Code, Chapter 312, as amended, authorizes the City of Corpus Christi, Texas (the "City") to enter into tax abatement agreements for projects meeting the guidelines and criteria for granting tax abatement duly adopted by the City; and Whereas, an application for temporary tax abatement has been filed with the City by Kinney Hotel Partners LTD for the construction of a boutique hotel in the City; and Whereas, the property to be covered by the proposed tax abatement agreement is located in the city limits of the City within an area designated as an enterprise zone eligible for property tax abatement under the provisions of the Act; and Whereas, the project is not located on property that is owned or leased by a person who is a member of the City Council of the City of Corpus Christi; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council finds and determines that the terms of the proposed agreement with Kinney Hotel Partners LTD providing for temporary property tax abatement and the property subject to the proposed agreement meets the applicable guidelines and criteria, as amended, adopted by the City. The City Council further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long term benefit of the City. SECTION 2. The Tax Abatement Agreement with Kinney Hotel Partners LTD, attached as Exhibit A, is approved, and the City Manager is authorized to execute the agreement. This resolution takes effect upon City Council approval on this the day of 2013. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Resolution Kinney Hotel Tax Abatement 5-13-13 Page 2 of 2 Corpus Christi, Texas of 2013 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Resolution Kinney Hotel Tax Abatement 5-13-13 TAX ABATEMENT AGREEMENT This Tax Abatement Agreement ("Agreement") is made and entered into by and between the City of Corpus Christi, Texas ("City") and Kinney Hotel Partners LTD, a Texas limited partnership ("Owner"), the owner of taxable property in the City of Corpus Christi, Texas, located on 318 Born Street, Corpus Christi, NueGes County, Texas ("Property"). 1. AUTHORIZATION This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Texas Tax Code, Chapter 312, as amended ("Act"), and is subject to the laws of the State of Texas and the charter, ordinances, and orders of the City. The Guidelines and Criteria for Granting Tax Abatement ("Guidelines and Criteria") adopted by the City are incorporated as a part of this Agreement. Except as the Guidelines and Criteria are specifically modified by this Agreement as allowed by Section 312.002(d) (1) of the Act, all definitions in the Guidelines and Criteria are applicable to this Agreement. The Property is within an enterprise zone designated pursuant to Chapter 2303 of the Texas Government Code. 11. DEFINITIONS A. As used in this Agreement, the following terms have the following meanings: 1. "Abatement" means the temporary or partial exemption from ad valorem taxes of certain added value to real and personal property in a zone designated for economic development purposes under the Act 3. "Base Year Value" means the assessed value of the Improvements on the Property as certified by the Nueces County Appraisal District as of the January 1 preceding the execution of this Agreement, plus the agreed upon value of Improvements made after January 1, but before the execution of this Agreement. 4. "Construction Phase" means the period during which a material and substantial improvement of the Property occurs which represents a separate and distinct construction operation undertaken for the purpose of erecting the Improvements. (a) The Construction Phase ends upon the earliest to occur of the following events. (1) When a certificate of occupancy is issued for the project (if within City limits). (2) When commercial production of a product or provision of a service is achieved at the facility. (3) When the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument. (4)Two (2) years after the date of this Agreement. Page I of 14 Tax Abatement Kinney Holef 5-31-13 (b) The determination of the end of the Construction Phase is made by the City, in its sole and absolute discretion, based upon the above criteria and the other factors as the City may deem relevant. (c) The determination of the end of the Construction Phase by the City is conclusive, and any judicial review of the determination is governed by the substantial evidence rule. 5. "Eligible Property" means the buildings, structures, site improvements, and that office space and certain personal property necessary to the operation and administration of the Facility to be constructed under this Agreement. A list of the Eligible Property is set forth in the Project Description, which is attached to this Agreement as Exhibit A and made a part of this Agreement. During the Construction Phase of the Eligible Property, the Owner may make the change orders to the Eligible Property as are reasonably necessary to accomplish its intended use, provided that no change order may be made which will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. 6. "Facility" means a Basic Manufacturing or Service Facility, Regional Distribution Center Facility, Regional Telecommunications/Data Processing Center Facility, Regional Visitor Amusement Facility, Enterprise Zone Facility, Downtown Revitalization Housing Facility, Petrochemical Facility, Convention Center Hotel, or Historically Significant Structure approved by the City as set forth in the Guidelines and Criteria for Granting Tax Abatement adopted by the City. 7. "Improvements" means the buildings, portions of buildings, and other improvements, including fixed machinery and equipment, used for commercial or industrial purposes on the Property. 8. "Ineligible Property" means land; inventories; supplies; tools; furnishings and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased, except as provided in Section 2(e); any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the Facility; improvements to real property which have an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated, or directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the City. Ill. PROPERTY A. The Property is an area within the City of Corpus Christi, Texas, located in whole or in part within the jurisdiction of the City, and is more fully described in Exhibit B, which is attached to this Agreement and made a part of this Agreement. The Property is located within a zone for tax abatement established under Chapter 312 of the Texas Tax Code, as amended, by the City of Corpus Christi, Texas, B. The Nueces County Appraisal District has established the following values for the Property as of the January 1 valuation date prior to the date of execution of this Agreement. Account No. 17831-0000-0010 (200014484) Page 2 of 14 Tax Abatement Kinney Hotel 5-31-13 Land $427,138.00 C. The City and the Owner agree that the value of any additions to the Improvements made after January 1 or not otherwise reflected on the above valuation of Improvements is: Additional Improvements: $11,532.0 D. Addition of the above amount to the valuation of the Improvements as of the January 1 valuation date prior to the date of execution of this Agreement results in a Base Year Value as follows: Base Year Value: $438,67&00 IV. TERM OF ABATEMENT AND AGREEMENT A. The City agrees to abate the ad valorem taxes on the Eligible Property under this Article and Articles V and VI of this Agreement. The Abatement is effective with the January 1 valuation date immediately following the date of execution of this Agreement. The Abatement continues for up to two (2) years during the period of the Construction Phase and for the next six (6) full tax years after the Construction Phase, expiring as of December 31 of the 2020 tax year, If the period of the Construction Phase exceeds two (2) years, the Facility is considered completed for purposes of Abatement, and in no case may the period of Abatement, inclusive of construction and completion exceed eight (8) tax years. The years of Abatement provided in this Agreement in each instance coincide with the tax year commencing on January 1 and expiring on December 31, and in no event may the Abatement extend beyond December 31 of the 2020 tax year. This Abatement also covers as Eligible Property those supplemental improvements to the Eligible Property that are added or constructed during the post-construction two (2) year period of Abatement. In no event, however, may the total Abatement period for the Eligible Property exceed the maximum six (6) year Abatement period for the entire project as specified in this Agreement. B. The term of this Agreement continues for a period of five (5) years following expiration of the abatement period. All terms and conditions imposed upon the Owner continue in effect during the period, and the Owner is obligated specifically to continue the minimum employment levels specified in this Agreement. Any default is subject to the provisions of Article Vill of this Agreement. V. TAXABILITY During the period that the Abatement is effective, taxes are payable as follows: 1. The value of the land comprising the Property is fully taxable. 2. The Base Year Value of existing Improvements comprising the Property is fully taxable. 3. The value of Ineligible Property is fully taxable. Vi. AMOUNT OF ABATEMENT Page 3 of 14 Tax Abatement Kinney Hotel 6-31-13 A. The Abatement provided by this Agreement is based upon a New Facility located within the Downtown Reinvestment Zone. The percentage of tax abated is under the following schedule: Percentage of Abatement Construction Period 100% (not to exceed 2 years) Year 1 100% Year 2 100% Year 3 100% Year 4 75% Year 5 50% Year 6 25% B. At the time of execution of this Agreement, the Owner states to the City that the minimum investment comprising permanent Improvements upon completion of the Construction Phase is: $4,700,000 ("Minimum Investment"), of which $4,700,000 is eligible for tax abatement. C. The formula for calculating the additional tax is outlined as follows: (Tax Rate] x [(85% of Minimum Investment - Actual Minimum Investment) x (100% - Abatement%)] = Additional Tax. VII. CONTEMPLATED IMPROVEMENTS The contemplated improvements are set forth in the Project Description attached as Exhibit "A." During the Construction Phase, the Owner may make the change orders to the project that are reasonably necessary, provided that no change order may be made that will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. All improvements must be completed under all applicable laws, ordinances, rules or regulations. During the term of this Agreement, use of the Property is limited to operation of the Facility described in the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. VIII. EVENTS OF DEFAULT AND RECAPTURE A. Failure to Commence Operation During Term of Agreement. In the event that the Facility is not completed and does not begin operation by the January 1 following the completion of construction, no abatement is given for that tax year, and the full amount of taxes assessed against the property is due and payable for that tax year. In the event that the Owner fails to begin operation by the next January 1, then this Abatement Agreement terminates and all Page 4 of 14 Tax Abatement Kinney Hotel 5-31-13 abated taxes during the period of construction are recaptured and must be paid within 60 days of the termination. B. Discontinuance of Operations During Term of Abatement. In the event the Facility is completed and begins operation, but subsequently discontinues operations during the term of the Agreement after the completion of construction, for any reason except on a temporary basis due to fire, explosion, or other casualty, accident, or natural disaster, the Agreement may be terminated by the City, and all taxes previously abated by virtue of this Agreement are recaptured and must paid within 60 days of the termination. C. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent or fails to timely and properly follow the legal procedures for their protest or contest, this Agreement terminates and the abatement of the taxes for the calendar year of the delinquency also terminates. The total taxes assessed without abatement for that calendar year must be paid within sixty (60) days from the date of termination. Penalty and interest do not begin to accrue on the additional amount of taxes due as the result of recapture under this provision until the first day of the month following the sixty (60)day notice, at which time penalty and interest accrues under the laws of the State of Texas. Penalty and interest on the amount of taxes originally levied based upon the Abatement begin to accrue as of the date the taxes were due under the laws of the State of Texas. D. Notice of Default. Should the City determine that the Owner is in default under the terms and conditions of this Agreement, City must notify the Owner that if the default is not cured within sixty (60) days from the date of the notice ("Cure Period"), then this Agreement may be terminated. In the event the Owner fails to cure the default during the Cure Period, this Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and must be paid as provided in this Agreement. E. Actual Investment. Should the Company not reach the investment as stated in Section 6. C., the difference between the tax abated on the minimum investment and the tax that should have been abated based upon the actual investment as determined by the City must be paid within 60 days of notification to the Owner of the determination. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrue under the laws of the State of Texas. F. Reduction in Rollback Tax Rate. 1. If during any year of the period of Abatement any portion of the abated value is added to the current total value of the City, but is not treated as "new property value" (as defined in Section 26.012 (17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" under Section 26.04 (c) (2) of the Texas Tax Code and if the City's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City recaptures from the Owner a tax in an amount equal to the lesser of the following: (a) The amount of the taxes abated for that year by the City with respect to the Property. (b) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback Page 5 of 14 Tax Abatement Kinney Hotel 5-31-13 tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the City. 2. If the City has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated under subparagraph (b) above is prorated on the basis of the value of the abatement with respect to each taxpayer. 3. This event does not constitute a "default" under this Agreement, and the sixty (60) day Cure Period provided above does not apply. The recaptured taxes must be paid within thirty(30) days after notice of the rollback in tax rate has been given to the Owner. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the thirty (30) day notice, at which time penalty and interest accrue under the laws of the State of Texas. G. Continuation of Tax Lien. 1. The amount of tax abated each year under the terms of this Agreement is secured by a first and prior tax lien, which will continue in existence from year to year until the time as this Agreement between the City and Owner is fully performed by Owner, or until all taxes, whether assessed or recaptured, are paid in full. H. City Council Reserves Right to Terminate of Modify Agreement In the event of any default by Owner, the City Council reserves the right to terminate or modify this Agreement. 1. Owner's right to appeal, 1. Owner must be afforded written notice of the default and the opportunity to cure as provided above. 2. If Owner believes the action was improper, Owner may file an appeal in Nueces County district court within sixty (60) days after written notice of the action by the City. 3. Owner shall remit to the City, within the 60-day period, any additional or recaptured taxes levied under the payment provisions of Texas Tax Code § 42.08. 4. If the final determination of the appeal increases Owner's tax liability above the amount paid, Owner shall remit the additional tax under Tax Code § 42.42. 5. If the final determination of the appeal decreases Owners tax liability, the City will refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable under Tax Code §42.43. IX ADMINISTRATION A. Inspections, The Owner shall allow employees and/or representatives of the City to have access to the Property during the term of this Agreement to inspect the Facility to determine compliance with the terms and conditions of this Agreement. All inspections will be made only after the giving of twenty-four (24) hours prior notice, and conducted in the manner as to not unreasonably interfere with the construction or operation of the Facility. All inspections must be made with one or more representatives of the Owner and under Owners safety standards. Page 6 of 14 Tax Abatement Kj nney Hotel a-31-13 B. Appraisals. 1. The Chief Appraiser of the Nueces County Appraisal District annually determines: (a) The taxable value of the real and personal property comprising the Property taking into consideration the Abatement provided by this Agreement, (b) The full taxable value without Abatement of the real and personal property comprising the Property. 2. The Chief Appraiser records both the abated taxable value and the full taxable value in the appraisal records. 3. Each year the Owner shall furnish the Chief Appraiser with the information outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary for the administration of the Agreement specified in this Agreement. C. Annual Reports. 1. Owner shall certify to the governing body of the City on or before April 1 each year that the Owner is in compliance with each applicable term of this Agreement. 2. Additionally, during the initial four years of the term of property tax abatement, Owner shall provide to the City an annual report covering those items listed on Schedule I attached to this Agreement in order to document the efforts of the Owner to acquire goods and services on a local basis. 3. The annual report is prepared on a calendar year basis and is submitted to the City no later than ninety (90)days following the end of each the calendar year. 4. Submit to the Nueces County Appraisal District an Application for Property Tax Abatement Exemption (Texas Comptroller of Public Accounts Property Tax Form 50- 110). A copy must be forwarded to the City. D. Utilization of Local Contractors and Suppliers. Owner agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Owner agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Owner to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Owner is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder, E. Utilization of Disadvantaged Business Enterprises ("DBE). Owner agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business Page 7 of 14 Tax Abatement Kinney Hotel 5-31-13 enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Owner agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Owner agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Owner to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Owner is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces, County. F. Undocumented Workers. Owner does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Owner is convicted of a violation under §U.S.C. Section 1324a(f), Owner shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 1201h day after the date Owner has been notified of the violation. X. ASSIGNMENT A. The Owner may assign this Agreement to any one or more corporation(s), 50% or more of the outstanding voting securities of which are owned, directly or indirectly, by one of the Owners, or any partnership(s) or limited partnership(s) in which an Owner, or a subsidiary of an Owner, is a general partner. B. The Owner may assign this Agreement to any other new owner or lessee of the Facility with the prior written consent of the City, which consent may not be unreasonably withheld. C. Any assignment must provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor and become the Owner upon the same terms and conditions as set out in this Agreement. D. In the event more than one entity is Owner under this Agreement, the obligations of the entities are joint and several. E. Any assignment of this Agreement is to an entity that must provide substantially the same improvements to the Property, except to the extent the improvements have been completed. F. No assignment is approved if the Owner or any assignee is indebted to the City for ad valorem taxes or other obligations. X1. NOTICES A. Any notice required to be given under the provisions of this Agreement must be in writing and is duly served when deposited, with the proper postage prepaid, and registered or certified, Page 8 of 14 Tax Abatement Kinney Hotel 5-31-13 return receipt requested, with the United States Postal Service, addressed to the City or Owner at the addresses listed below. B. If mailed, any notice or communication is deemed to be received three days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, all notices are delivered to the following addresses: To the City: CITY OF CORPUS CHRISTI 1201 Leopard Street P. 0. Box 9277 Corpus Christi, Texas 78469 Attn. City Manager To the Owner: KINNEY HOTEL PARTNERS LTD 329 Peerman Place Corpus Christi, Texas 78411 C. Either party may designate a different address by giving the other party ten days written notice. "Remainder of page left intentionally blank** Page 9 of 14 Tax Abatement Kinney Hotel 5-31-13 This Agreement has been executed by the parties in multiple originals or counterparts, each having full force and effect. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: - Armando Chapa Ronald L. Olson City Secretary City Manager Executed the day of 2013. OWNER: KINNEY HOTEL PARTNERS LTD By: �j VAk) ---Jne- Ro y'J. Martin, Manager of Phase Two LLC, General Partner of Kinney Hotel Partners LTD Executed this day of Aq:!n 2013. CELIA WILLIFORD Notary Public,state of Texas MY commission Expires ACKNOWLEDGMENT Mrisara February 04, 2016 STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF This instrument was acknowledged before me on 2013, by Rodney J. Martin, Manager of Phase Two LLC, a Texas limiteMiability company, General Partner of Kinney Hotel Partners LTD, on behalf of the company. NOTARY PUBLIC, State of s Page 10 of 14 Tax Abatement Kinney Hotel 5-31-13 Exhibit A Project Plan The Kinney will be a high-end boutique hotel catering to business travelers as its primary target and vacationers as its secondary target. The property will consist of 54 rooms in three separate room classes and each will have a king-sized bed and luxury amenities. All rooms will face a lush courtyard surrounded on two sides by two three-story room wings, on the front end by a three-story guest services building, and on the back end by a single-story event space. The hotel will not operate a full-service restaurant or buffet operations but will instead opt for room- delivered meals from a limited, high-end menu of breakfast and appetizer options. It will also house a small bar area to serve guests and locals. The hotel will have a dedicated exercise area, several indoor and outdoor common areas, a conference room available for guests within the main guest services building, and a 4,300 square foot event space that may be utilized as one, two, or three separate spaces. Page 11 of 14 Tax Abatement Kinney Hotel 3-28-13 EXHIBIT B Property Description The Kinney will be located at SCHATZEL TRACT 1, an addition in the City of Corpus Christi, Nueces County, Texas, as shown by the map of the plat thereof recorded in Volume 34, Page , Pap Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. Page 12 of 14 Tax Abatement Kinney Hotel 3-28-13 Exhibit C "Buy Local" Annual Reports The following information is reported to the City on a calendar-year basis during the first four years of the tax abatement program: 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials (total). 3. Dollar amount spent for labor**(local). 4. Dollar amount spent for labor** (total). 5. Number of jobs created in the construction project(local). 6, Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). "Materials" are defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily-available locally. ** "Labor" is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. The term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Page 13 of 14 Tax Abatement Kinney Hotel 5-31-13 Application for Property Tax Abatement Exemption Prope-rty Tax Form - Allpsded EXiwkfa Mates _ Phiarm(e.aw ol a ndam l' McNeil My.Slads.ZP III w u GEWRAL ONS.,TM aWtOm Is for, In to u1 bell ompMm pubtaDMID Tax CWo§142R.Ill roreatfurrAn all l and do t. n APPIll AD y..W must ft the ownMeled aWmftn all.all seqiVed ampaseeballm January 1 am no lost ftn Al M*1_ year W will yau am uIl an MWAL L' ry REGUMM, lE"or O Promeard to T" e$11.4,allor rmaldsting thra a and all r request u "6 [e Me souramod lMrOm sell SO dam or 1w Melow or RY gr rd Mass sh ,tae Cl e u br whkh yau am Mould's en fiaxaa I POPOV trMI Mal Addhw _ . - P Gnda Plan aaaddwe: ROWW nor 6 SQO fM . d l ladivil 0 partnoral w trial'Sal Nil Ittt 0 Wan owerel; ad vollatom Wall of pro tVa OwIleebris cergartbellon with e ladood has Iderall1colim wMal Ut number be In IHtI of a number,pommel kwaboucas 00000alls,number,Cr wdw d, tier igord�a ie �aih a tax idr al�ir�tiaa ,ura n - fad' r n ai ids ca ' n orudulwmvke=uMnwbwismqti' ..PJm rt Tax Gds i 1 e ° hosso number,polvans!ida asertii rrmhrr,nr I awmiltnuther in are anslicafianforan amrom iila did aWmisariseatidomW end rot to a-i Thaaiinrral rmill �d to nd� n eneasolreyaa atom uflae who aak aai"arel by Tax " ItOo y die appirent il a chalflal argerc an d Wwal see:idauffical Tuntor,the apokestnwi poai 1111 UFFdMWOdl FQ49MI t4X'WM61UWUB RUMbM in IsM Of a+tis a iMn ,pfflul kilediOWbfl WWi=il r 1111 ar Well 1100I MI numkrac 011 1 PRO Stal ZiParrtbe Lsaad n al oid nr flumlear IB The race MOsal Diemian at Ow T mm CDfq*mlbr of Pnbfi Anal Ismues pro Ux Fix nwe iftfamaden,visit;mufvvshsisa infarmilill and maumn W Usdayes, ing '"s,ippral d al appoosal ra lea bowds. kid- EVII 'age 14 of 14 Tax Abatement Kinney Hotel 5-31-13 AGENDA MEMORANDUM �Celt Tkk Future Item for the City Council Meeting of July 0, 2013 1852 Action Item for the City Council Meeting of July 23, 2013 GATE. May 28, 2013 TO: Ronald L. Olson, City Manager THROUGH Wes Pierson, Assistant City Manager (301) 828-3082 wesp@cctexas.com FRUIT: Emily Martinez (301) 882-7448 emartinez@ccredc.com Chapter 380 Agreement for Kinney Hotel Partners CAPTION: Resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Kinney Hotel Partners LTD ("Agreement") to waive City Development Fees for development of a boutique hotel within the City's Downtown Catalyst Area, for the benefit of the City. PURPOSE: Granting a waiver for development fees to Kinney Hotel Partners LTC for the construction of a boutique hotel in the Downtown Catalyst area.. BACKGROUND AND FINDINGS: Kinney Hotel Partners LTD submitted an application for incentives to the City of Corpus Christi requesting tax abatement for the property located at 318 Born Street. The development is located within downtown, a council identified catalyst area. The staff is proposing a Chapter 380 agreement whereby the development fees for the Kinney Hotel project are waived'. The building to be constructed will become a boutique hotel. Improvements are estimated to be approximately$4.7 million. The property is currently appraised at$438,070.00. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: It is in the downtown catalyst area EMERGENCY/ NON-EMERGENCY: NON-EMERGENCY FINANCIAL IMPACT: o Operating o Revenue n Capital Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): RECOMMENDATION: Staff recommends approval of the Chapter 380 agreement for the property in accordance with the City's Development Fee Reduction/Waiver policy. LIST OF SUPPORTING DOCUMENTS: Resolution Certification of Funds Chapter 380 Agreement Page 1 of 2 Resolution Authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Kinney Hotel Partners LTD ("Agreement") to waive City Development Fees for development of a boutique hotel within the City's Downtown Catalyst Area, for the benefit of the City. WHEREAS, the City has established a program in accordance with Article III, Section 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government Code ("Chapter 380") under which the City has the authority to make loans or grants of public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the City; and WHEREAS, City Council deems that the Agreement is in compliance with the City's Chapter 380 Economic Development Program Policy adopted by Resolution 028424 on November 17, 2009, and it is the best interest of the City and citizens to approve the Agreement with Kinney Hotel Partners LTD to waive City Development Fees for development of a boutique hotel within the City's Downtown Catalyst Area, for the benefit of the City. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council declares the recital paragraphs of this Resolution to be true. The City Manager or the City Manager's designee is authorized to execute the Agreement, which is on file at the City Secretary's office, with Kinney Hotel Partners LTD to waive City Development Fees for development of a boutique hotel within the City's Downtown Catalyst Area, for the benefit of the City. This resolution takes effect upon City Council approval on this the day of 2013. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of 2013 RESOLUTION Kinney 380 Agmt 5-13-13 Page 2 of 2 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott RESOLUTION Kinney 380 Agmt 5-13-13 CHAPTER 380 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI, TEXAS AND KINNEY HOTEL PARTNERS IJD Page 1 of 18 Kinney Hotel Chapter 38005-31-13 CHAPTER 380 ECONOMIC DEVELOPMENT I-NCENTIVE AGREEMENT This Chapter 380 Economic Development Incentive Agreement ("Agreement") is entered into as of , 2013 between .1'HE CITY OF CORPUS CHRISTI, TEXAS ("City"), a home rule city and KINNEY HOTEL PARTNERS LTD, a Texas limited partnership ("Company"). RECITALS WHEREAS, the Company desires to construct a high-end boutique hotel catering to business travelers and vacationers within the city limits, as more particularly described in the Project Plan attached hereto as Exhibit "A" (the "Project," as more particularly defined below); and WHEREAS, the City has established a program in accordance with Article 111, Section 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government Code ("Chapter 380") under which the City has the authority to make loans or grants of public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the City; and WHEREAS, the Project will be located in downtown Corpus Christi within an area which was designated the Downtown Catalyst Area by Ordinance No. 029781, approved March 26, 2013 by the Corpus Christi City,Council, and WHEREAS, the Corpus Christi City Council has adopted Resolution No. , authorizing the City to waive Development Fees, as defined herein, for the Project in recognition of the positive economic benefits that will accrue,to the City through their Project, with a capital investment, by the Company of approximately $4,500,000, all as more particularly described in Exhibit "All attached hereto; and WILE RE'AS, the City has concluded and hereby finds that this Agreement promotes economic development in the City's Downtown Catalyst Area and, as such, meets the requirements under the Chapter 380 and the City's established economic development program, and, further, is in the best interests of the City and the Company; and WHEREAS, the City recognizes the positive economic impact that the Project will bring to the City through development and diversification of the economy, the attraction of new businesses, and the additional revenue generated by the Project for the City; and Page 2 of 18 KiDnCytlotel Chapter 380 05-31-13 'WHEREAS, in consideration of the capital investment in the development and construction of the Prqject, which contributes to the City's economic development, the City agrees to waive the Development Fees for the prqject; and WHERF,AS, to ensure that the benefits the City provides under this Agreement are utilized in a manner consistent with Article 111, Section 52-a of the Texas Constitution, Chapter 380 and other law, the Company has agreed to comply with certain conditions to the receipt of those benefits; NOW, THEREFORE, in consideration of the mutual benefits described in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the City and the Company agree as follows: ARTICLE I REPRESENTATIONS 1.1 Representations of the City. The City hereby represents to the Company that as of the date hereof-, (A) The City is a duly created and existing municipal corporation and home rule municipality of the State of Texas Linder the laws of the State of Texas and is duly qualified and authorized to carry on the governmental functions and operations as contemplated by this Agreement. (B) The City has the power, authority and legal light under the laws of the State of Texas to enter into and perform this Agreement and the execution, delivery and performance hereof(i) will not, to the best of its knowledge, violate any applicable judgment, order, law or regulation, and (ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon any assets of the City 'under any agreement or instrument to which the City is a party or by which the City or its assets may be bound or affected. (C) This Agreement has been duly authorized, executed and delivered by the City and constitutes a legal, valid and binding obligation of the City, enforceable in accordance with its terms except to the extent that (i) the enforceability of such instruments may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws of general application in effect from time to tine relating to or affecting the enforcement of creditors' rights and (ii) certain equitable remedies including specific performance may be unavailable. (D) The execution, delivery and pert"ormance of this Agreement by the City do not require the consent or approval of any person that has not been obtained. Page 3 of 1.8 Kinney Hotel Cliapier 380 05-31-13 1.2 Representations of the CqMpanv. The Company hereby represents to the City that as of the date hereof, (A) The Company is duly authorized and existing and in good standing as a limited partnership under the laws of Texas, and shall remain in good standing in Texas during the Terrn of this Agreement. (B) The Company has the power, authority and legal right to enter into and perform its obligations set forth in this Agreement, and the execution, delivery and performance hereof, (i) have been duly authorized and will not, to the best of its knowledge, violate any judgment, order, law or regulation applicable to the Company, and (ii) does not constitute a default wider or result in the creation of, any lien, charge, encumbrance or security interest upon any assets of the Company under any agreement or instiument to which the Company is a party or by which the Company or its assets may be bound or affected. (C) The Company agrees to evidence, no later than the date it Commences Construction of the Project, which evidence is subject to the administrative approval of the City or its designee(s), whose approval shall not unreasonably be withheld, sufficient available funds to Complete the Project. (D) This Agreement has been duly authorized, executed and delivered and constitutes a legal, valid and binding obligation of the Company, enforceable in accordance with its terms except to the extent that(i) the enforceability of such instruments may be limited by bankruptcy, reorganization, insolvency, moratorium, or other similar laws of general application in effect from time to time relating to or affecting the enforcement of creditors' rights and (ii) certain equitable remedies including specific performance may be unavailable. ARTICLE 11 DEFINITIONS The recitals to this Agreement are hereby incorporated for all purposes. The terms, "Agreement," "Chapter 380," ""City,.. "the Company," and "Project" shall have the above meanings, and the following words or phrases shall have the following meanings: 2.1 "Act of Default" or"Default" means failure to timely, fully, and completely comply with one or more. requirements, obligations, performance criteria, duties, terms, conditions or warranties of this Agreement. 2.2 "Commence Construction" means (i) to commence the work of constructing the improvements or features with all approvals thereof and permits required by applicable Page 4 of 18 Kinney Hotel Chapter 380 05-3 1-13 governmental authorities obtained as necessary to begin construction; and (ii) onsite construction of the site development components (such as drainage, extensive grading or utilities)is underway and being pursued for the Project. 2.3 "Completion" or "Complete" means the date no later than two years from the effective date of this agreement, subject to extension upon approval by the City or for Force Majeure and delay due to obtaining required permits, that the Company has made and evidenced the fulfillment of the Investment Requirement for the Project. 2.4 "Compliance" means timely, fully and completely perfonning or meeting each and every teen, requirement, obligation, performance criteria, duty, condition, or warranty as stated in this Agreement. 2.5 "Development Fees" means any and all 'fees imposed by City upon Developer (including but not limited to Developer's affiliates, assigns, successors, related parties, contractors and subcontractors) in any way related to Developer's platting, zoning, permitting, designing, building, constructing or developing the PrQJect. Development Fees shall include but not be limited to permitting/approval fees, inspection fees and supervision fees. 2.6 "Effective Date" means the first date by which this Agreement has been signed by all of the parties hereto. 2.7 "Federal Bankruptcy Code" means Title 11, United States Code, as amended, and any successor statute. 2.8 "Fiscal Year" shall mean the twelve consecutive month period designated by the City as its fiscal year. As of the date of this Agreement, the City's fiscal year commences on August I st and ends on the next succeeding July 31st. 2.9 "Force MaJeure" means any act that (a) materially and adversely afTects the affected Party's ability to perform the relevant obligations under this Agreement or delays such affected Party's ability to do so, (b) is beyond the reasonable control of the affected Party, (c) is not due to the affected Party's negligence or willful misconduct and (4) could not be avoided by the Party who suffers it by the exercise of commercially reasonable efforts (provided that such commercially reasonable of shall not require such Party to expend a material amount of money to avoid the act giving rise to a Force MaJeure). Subject to the satisfiaction of the conditions set forth in (a) through (d) above, Force Majeure shall include but not be limited to: (i) natural phenomena, such as storms, hurricanes, floods, lightning and earthquakes; (ii) wars, civil disturbances, revolts, insurrections, terrorism, sabotage and threats of sabotage or terrorism; (iii) transportation disruption, whether by ocean, rail, land or air; (iv) strikes or other labor disputes that are not due to the breach of any labor agreement by the affected Party; (V) fires; (vi) Page 5 of 18 Kinney Hotel Chapter 380 05-31-13 the unavailability of necessary and essential equipment and supplies; (vii) a breach by the City of this Agreement or any other actions, omissions of or delays by a Governmental Authority (including the actions of City in its capacity as a Governmental Authority) that were not voluntarily induced or promoted by the affected Party, or brought about by the breach or noncompliance by the affected Party of its obligations wider this Agreement or any applicable law; and (viii) failure of the other Party to perform any of its obligations under this Agreement within the time or by the date required pursuant to the to of this Agreement for the performance thereof, provided, however, that under no circumstances shall Force Majeure include any of the following events: (A) economic hardship; (B) changes in market condition; or (C) weather conditions which could be anticipated by experienced contractors operating at the relevant location and exercising commercially reasonable business judgment. 110 "Insolvent" means failure to timely pay debts in the ordinary course of business or failure to pay all debts when and as they become due, or insolvent within the meaning of the Federal Bankruptcy Code. 2.11 "Investment Requirement" means an investment of capital in the Project of no less than 'Four Million Five Hundred Thousand dollars ($4,500,000) as described in Exhibit "A" and Exhibit "B" attached hereto. The Company must provide documents evidencing the investment provided in the course of the Project pursuant to Article 8 herein. 2.12 "Property" means the real property on which the Project will be built, including all improvements and equipment thereon, as may change from time to time, as described in Exhibit "B"attached hereto. 2.13 "Resident of the City" or "City Resident" means a person that resided in the Corpus Christi Metropolitan Statistical Area(San Patricio County, Nueces County, and Aransas County) ("MSA"), as stated on that person's application to the Company for employment, prior to January I" of the year that production for the Project begins, which is when commercial production of a product or pro-vision of a service is achieved at the facility. 2.14 "Term"means the period defined in Article III of this Agreement. ARTICLE III TERM 1.1 The term of this Agreement (the "Tenn") will begin on the Eflective Date, as defined in Section 2.6 herein, and shall continue for two years. Page 6 of 18 Khmey Hotel Chapter 380 05-31-13 ARTICLE]IV THE COMPANY REQUIREMENTS 4.1 Requirement to Complete Project: The Company shall provide reasonable evidence to the City that they have satisfied the Investment Requirement required for Completion of the Project. Should the Company Commence the Project but fail Completion within two years, the Project is considered abandoned and the company will be considered in Default. 4.2 Project General Requirements: With the exception of and subject to the waiver of Development Fees granted by the City in this Agreement, the Company shall pay, or cause third parties to pay, all engineering, planning, accounting, architectural, legal fees and expenses, survey, testing, laboratory costs, license fees, land clearing and grading costs, advertising and other bidding costs, amounts due under construction contracts, costs of labor and material, insurance premiums, interest, carry cost, financing fees and other costs and expenses incurred in connection with the construction of such improvements subject to a substantiated dispute of any such costs by the Company. The City shall not be responsible for any of such costs, subject to the waiver of Development Fees granted by the City in this Agreement. The Company agrees to assist the City, if so requested by the City, in the preparation of any documentation necessary for the preparation and approval of any of the documents or actions required by the City to perform any of the obligations under this Agreement. The Company further shall prepare or cause to be prepared any preliminary architectural or engineering plans and financial data and projections reasonably necessary to perform the obligations of the City under this Agreement. The Company agrees to proceed in good faith towards the development of the Project. Upon Completion of the Project and during the term of this Agreement, the Company shall maintain the property, improvements and preiriises in a conmiercially reasonable manner, comparable to the maintenance of similar facilities; and shall timely pay all taxes assessed against the Property. 4.3 Commencement of the Project. Subject to obtaining financing for the construction of the Project and the compliance of the City with the terms of this Agreement, if the Company Commences Construction of the Project no later than nine (9) months after obtaining all required permits, the City agrees to waive the Development, Fees as stated in this Agreement. The Company is required to inform the City in writing of the Construction Commencement date, as that term is defined in Section 2.2 herein. If the Company has not Commenced Construction pursuant to this Section,the City has the option to terminate this Agreement. 4.4 Use of Local Resources (A) The Company shall make Reasonable Efforts to fill construction jobs with Residents of the Corpus Christi MSA. "Reasonable Efforts" shall be defined as: (i) the Company shall publish job fair schedules and, to the extent practicable,job postings in the Corpus Christi area Page 7 of 18 Kinney Hotel Chapter 380 05-31-13 newspapers; and (ii) the Company shall establish an official web site which will be the official means of informing Corpus Christi M Residents of employment opportunities. The website will provide a link to the Texas Workforce Commission's website; and(iii) at least fourteen(14) days prior to the filling of such positions, the Company shall post on its official web site the availability of such positions to inform residents of the City of the employment opportunities. The Company is not required to post the availability of any position once that position has been filled by a Resident of the Corpus Christi MSA. (B) To the extent practicable, the Company shall also give priority to the use of suppliers from the Corpus Christi M for construction materials and supplies. The Company shall, to the extent practicable, publish its requirements for goods and services of significant value on its official web site. The Company shall not, however, be required to use goods and services provided by resident suppliers from the Corpus Christi M that are not(i) of equivalent quality, functionality, and compatibility to those provided by nonresident suppliers or (ii) made available on terms,conditions and price comparable to those offered by nonresident suppliers. (C) The Company and/or its construction contractor, if any, shall designate a coordinator of local services who will act as a liaison between any individuals, businesses and contractors residing or doing business in the Corpus Christi M who are interested in obtaining inforination about providing goods or services related to the construction of the project. ARTICLE V PROM CT FUNDING 5.1 LAY Ci Comiriftment. City shall waive for the Company an amount equal to all Development Fees pertaining to the Project. The Director of Development Services for the City shall be responsible for tracking and supplying information related to Development Fees for the Project. The City Commitment will begin on. the effective date and will continue through and until the end of two years. ARTICLE VI COVENANTS,WARRANTIES2 OBLIGATIONS AND DUTIES FT COMPANY If the Company shall have made intentionally any false or substantially misleading statement herein or failed to timely and fully perform as required in this Agreement, such shall be an Act of Default by the Company, subject to Section 9.1 herein. Failure to comply with any one covenant or warranty shall constitute an Act of Default by the Company, subject to Section 9.1 herein. Page 8 of 18 Kinney Hotel Chapter 380 05-31-13 The Company, as of the Effective Date, makes the following covenants and warranties to City, and agrees to timely and fully perform the-following obligations and duties. 6.1 LitiMfion. No litigation or govenlinental, proceeding is pending or, to the knowledge of the Company or their officers, threatened against or affecting the Company or the Property that may result, in the sole judgment of the Company, in any material adverse change in the Company's business,properties or operation. 6.2 Untrue Statements. To the best of their knowledge, no certificate or statement delivered by the Company to City in connection, herewith, or in connection with any transaction contemplated hereby, contains any untrue statement or fails to state any fact necessary to keep the statements contained therein from being misleading except those which have been replaced by subsequent certificates or statements heretofore given to the City in substitution. 6.3 Bankruotcy. There are no bankruptcy proceedings or other proceedings currently pending or contemplated, and the Company has not been informed of any potential involuntary bankruptcy proceedings. 6.4 Licenses and Auth ority. To the best of their knowledge, the Company has acquired or is in the process of acquiring and maintained all necessary lights, licenses, permits and authority to develop the Project in the City and will continue to use commercially reasonable etTorts to maintain all necessary rights, licenses,permits and authority. 6.5 Payment of Taxes. The Company shall timely pay all taxes due and owing by them to all taxing authorities having jurisdiction. In addition, the Company shall timely pay all employment, income, franchise, and all other taxes hereafter to become due and owing by them, respectively, to all local, state, and federal entities subject, however to their right to contest the same in a lawfid manner. 6.6 Timely Completion. The Company acknowledges and agrees that if it fails to Complete the Project within the time periods herein provided, the City has the right to terminate this Agreement as herein provided. 6.7 Ownership Cbanges. The Company shall notify City in writing of any changes in ownership of any part of the Project or of the Company within seven (7) days after the Company's knowledge thereof. 6.8 Succession of 0 jgEsWp. No change of ownership or management of any part of the Project and/or a change of ownership or management of the Company shall abate, waive, terminate or in any way relieve the Company of its obligations herein. Page of 18 Kinney Hotel Chapter 380 05-31-13 9 6.9 Non-discrimination. The Company agrees that, as to all of the programs and activities arising out of this Agreement, it will not discriminate against any person on the basis of race, color,national origin, sex, or by reason of being disabled. 6.14 EMPloyment of Undocumented Workers. The Company does not and agrees that it will not knowingly employ an undocumented worker. If after receiving Reimbursement Amount payments, the Company is convicted of a violation under 8 U.S.C. Section 1324a(f),the Company shall repay the Reimbursement Amount payments, with interest at the Wall Street Journal Prime Rate, not later than the 120'h day after the date the Company has been notified of the violation. ARTICLE VII SUSPENSIONS/TERMINATION Subject to the terms of Article V herein, the, City, under the following circumstances, and at its sole discretion, may temporarily suspend waiver of Development Fees under this Agreement and/or terminate this Agreement, without liability to the Company, and all future Development Fee waiver obligations shall automatically cease; 7.1 Receiver. The appointment of a receiver for the Company, or of all or any substantial part of its property, and the failure of such receiver to be discharged within sixty(60) days thereafter. 7.2 Bankruptcy. The adjudication of the Company as a bankrupt. 7.3 Bankruotcv Petition. The filing by the Company of a petition or an answer seeking chapter 7 bankruptcy under the Federal Bankruptcy Code. 7.4 Failure to Comply with Audit Requirements. The failure of the Company to reasonably cooperate with the City in the monitoring process described in Article VIII below. ARTICLE VIIII REPORTING AND AUDITING 8.1 Audit by the City. The City may audit the Company's records relative to compliance with the Investment Requirement to determine their compliance with the terms of this Agreement. This audit will be done by the City or its designee on an annual basis. The Company shall provide the City an annual report,no later than March 1st of each year, stating the corresponding amount of annual capital investment (until the Investment Requirement has been fulfilled), and annual payroll. Page 10 of 18 Kinney Hotel Chapter 380 05-31-13 8.2 Access to Records / Mht to Audit. The Company, during normal business hours and after having after providing three working days prior written notice, shall allow City or its designee reasonable access to its records and books and all other relevant records relative to compliance with the Investment Requirement, but the confidentiality of such records and information shall be maintained by City unless disclosure of such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. ARTICLE IX DEFAULT 9.1 Default. Subject to Force MaJeure and any consent given under Section 9.2 or variance granted under Section 11-14, should the Company fail to timely, fully and completely keep or perform any one or more of the covenants or warranties made by the Company in this Agreement, such failure to perform shall be an Act of Default by the Company and, if not cured and corrected within ninety (90) days after written notice to do so or by express waiver by the City, the City has the option to (i) ,temporarily or permanently suspend waiver of Development Fees under this Agreement andlor (ii) terminate this Agreement, without liability to the Company, cease all future Development Fee waiver obligations, and require the Company to refund to the City any Development Fees waived by the City up to date of termination The Company shall be liable to City for any actual proven damages sustained by the City as a result of said Act of Default by the Company under this Agreement, subject to the provisions of Section 11.1 . 9.2 Consent and Excuse. In the event of unforeseeable third party delays which are not Force Majeure and upon a reasonable showing by the Company that it has immediately and in good faith commenced and is diligently and continuously pursuing the correction, removal or abatement of such delays by using commercially reasonable efforts, the City may consent to and excuse any such delays, which consent and excuse shall not be unreasonably withheld. 9.3 City Delay. Any delay for any amount of time by City in providing notice of Default to the Company hereunder, shall in no event be deemed or constitute a waiver of such Default by City of any of its rights and remedies available in law or in equity. 9.4 City Waiver, Any waiver granted by City to the Company of an Act of Default shall not 'be deemed or constitute a waiver of any other existing or future Act of Default by the Company or of a subsequent Act of Default of the same act or event by the Company. ARTICLE X Page H of 18 Kinney Motel Chapter 380 05-31-13 CITY'S LIABILITY LEWITATIONS Should City fail to timely, fully and completely comply with any one or more of the requirements, obligations, duties, terms, conditions or warranties of this Agreement, such failure shall be an Act of Default by City and City shall have sixty (60) days to cure and remove the Default after receipt of written notice to do so from the Company. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 PermittinL,. Subject to the Company's complying with all applicable laws, City agrees to cooperate with the Company to expeditiously process pan-nits required for the Project to be in a state of Completion. 11.2 Attorneys' Fees. If any legal action or proceeding is commenced between City and the Company based on this Agreement, the prevailing party in the legal action will be entitled to recover its reasonable attorneys" fees and expenses incurred by reason of such action, to the extent allowed by law. 11.3 Binding Effect. This Agreement will be binding on and inure to the benefit of the parties and their respective successors and assigns. 11.4 &si tent. Except as provided below, the Company may not assign all or part of its rights and obligations under this Agreement to a third party without prior written approval of City, which approval will not be unreasonably withheld or delayed. The City agrees, however, that the Company may assign in whole or in part its rights and obligations under this Agreement or with respect to all or any part of the Project to any affiliate, subsidiary, related company, partnership or joint venture, as long as the assignee controls, is controlled by, or is under coninion control with the Company; or to a third.party lender advancing funds for the acquisition of all or any part of the Property or for the construction or operation of the Project. The City expressly consents to any assignment described in the preceding sentence, and agrees that no further consent of City to such an assignment will be required. The Company agrees to provide City with written notice of any such assignment. 11.5 Termination. If the Company elects not to proceed with the Project as contemplated by this Agreement, the Company will notify City in writing, and this Agreement and the obligations of both parties will be deemed terminated and of no her force or effect as of the date of such notice. Page 12 of B Kinney Hotel Chapter 380 05-31-13 11.6 Notice. Any notice or other communication ("Notice") given under this Agreement must be in, writing, and may be given: (i) by depositing the Notice in the United States Mail, postage paid, certified, and addressed to the party to be notified with return receipt requested; (ii) by personal delivery of the Notice to the party, or an agent of the party; or (iii) by confirmed facsimile, provided that a copy of the Notice is also given in one of the marmers specified in (i) or (ii). Notice deposited in the mail in the manner specified will be effective two (2) days after deposit. Notice given in any other manner will be effective only if and when received by the party to be notified. For the purposes of Notice, the addresses of the parties will, until changed as provided below, be as follows: Company: Kinney Hotel Partners LTD Attn.: General Partner 329 Peerman Place Corpus Christi, Texas 78411, City: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi,, Texas 78469-9277 Ph: (361) 826-31220 Facsimile: (361) 826-3839 with a copy to: City Attorney P.O. Box 9277 Corpus Christi, Texas 78469-9277 Ph. (361) 826-3360 Facsimile- (361) 826-3239 Any party may designate a different address at any time by giving Notice to the other party. 11.7 Interpretation. Each of the parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. In the event of any dispute regarding the interpretation of this Agreement, this Agreement will be interpreted fairly and reasonably and neither more strongly for nor against any party based on draftsmanship. 11.8 Relationship of the Parties. This Agreement will not be construed as establishing a partnership or joint venture,joint enterprise, express or implied agency, or ernployer-employee relationship between the parties. Neither City nor its past, present or future officers, elected officials, employees or agents assume any responsibility or liability to any third party in connection with the development of the Project or the design, construction or operation of any portion of the Project. Page 13 of 18 Kinney Hotel Chapter 380 05-3 1-1 3 11.9 Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, it is the intention of the parties that the remainder of this Agreement not be affected and it is also the intention of the parties that, in lieu of each provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid or enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 11.10 Paragraph Headings, Etc. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the paragraphs. 11.11 No 'third p Beneficiaries. This Agreement is not intended to confer any rights, privileges or causes of action upon any third party. 11.12 Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument. A facsimile signature will be deemed to be an original signature for all purposes. 11.13 Exhibits. The following exhibits are attached to and incorporated into this Agreement for all purposes: Exhibit "A:" Project Description Exhibit"B:" Property Description 1,1.14 Variances. The City, in its sole discretion, may grant and. approve variances to the Company from the perfon-nance criteria and development standards described herein upon application in writing therefore by the Company. 11.15 Balance Owed under the Agreement. The total arnount of money awarded in an adjudication brought against City for breach of this Agreement is limited to the total sum, of Development Fees incurred from the date of Commencement of Construction through the date that construction or development efforts cease due to conflict between the parties under this Agreement. 1,1.16 Damages notincluded. Damages awarded in an adjudication brought against City or the Company arising under the Agreement, including any amendments thereto, may not include: (i) consequential damages, except as expressly allowed under Section 11.15 above; (ii) exemplary damages; or(iii) damages for unabsorbed home office overhead. ARTICLE XII Page 14 of 18 Kinney Hotel Chapter 380 05-31-13 GENERALTERMS 12.1 Entire Aggreement. This Agreement embodies the complete Agreement of the parties hereto, superseding all oral or written, previous and contemporary, agreements between the parties relating to matters in this agreement-, and, except as otherwise provided herein, this Agreement cannot be modified or amended without a written agreement of the parties. 12.2 Law. This Agreement is subject to all legal requirements of Texas and all other applicable County, State and Federal laws, and the Company agrees that it will promptly comply with all such applicable laws, regulations, orders and rules of the State, County and other applicable governmental agencies. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas without regard, however, to the conflicts of laws provisions of Texas law. 12.3 Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 12.4 Confidential. City, its officers and employees, and its agents or contractors retained to perform economic development services for City, shall treat as confidential the financial statements and information together with any proprietary information delivered by the Company or its respective representatives to City and its representatives and shall not release such information to the public,unless required by law or court order. City shall immediately notify the Company of requests or court orders to release such information. [Remainder of this page is intentionally left blank] EXECUTED to be effective as of this day 2013 KINNEY TEL PARTNE RS LTD Signed on this ) day of M(4A 2013 By: VJ Rod Martin, Manager of Phase Two LLC, General Partner of Kinney Hotel P' ners LTD Page 15 of 18 Kinney Hotel Chapter 380 05-31-13 CITY OF CORPUS CHRISTI,TEXAS Signed on this day of 12013 ATTEST: CITY OF CORPUS CI-HUSTI Armando Chapa, Ronald L. Olson City Secretary City Manager Page 16 of 18 Kinney 1-totel Chapter 380 05-31-13 Exhibit A Project Plan The Kinney will be a.high-end boutique hotel catering to business travelers as its primary target and vacationers as its secondary target. The property will consist of 54 rooms in three separate room classes and each will have a king-sized bed and luxury amenities. All rooms will face a lush courtyard surrounded on two sides by tv,,o three-story room wings, on the front end by a three-story guest services building, and on the back end by a single-story event sl)ace. The hotel will not operate a fall-service restaurant or buffet operations but will instead opt for room- delivered meals from a limited, high-end menu of breakfast and appetizer options. It will also house a small bar area to serve guests and locals. The hotel will have a dedicated exercise area, several indoor and outdoor common areas, a conference room available for guests within the main guest services building, and a 4,300 square foot event space that may be utilized as one, two, or three separate spaces. Page 17 of 18 Kinney Hotel Chapter 380 05-31-13 Exhibit B Property Description The Kh-mev will be located at SCIIATZEL TRACT 1, an addition in the City of Corpus Christi. Nueces County, Texas, as shmNmby the map oaf f the plat thereof recorded in Volume 334, Pagge 46, Map Records of Naeces County, Texas,, to which reference is here made for all pertinent purposes. Page 18 of 18 Kinney Hotel C aptCT 380 05-31-13 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 9, 2013 1852 Action Item for the City Council Meeting of July 16, 2013 DATE: June 12, 2013 TO: Ronald L. Olson, City Manager FROM: Armando Chapa, City Secretary armandoc@cctexas.com (361) 826-3105 Amending Council Policy regarding Board Recommendations CAPTION: Resolution amending City Council policies for City board, committee, and commission appointment recommendations. PURPOSE: A briefing was provided to council on June 11, 2013 and Council directed staff to amend Council Policy No. 14(I) to read as follows: 14. Boards, Commissions and Committee procedures: I. "Recommendations for appointment will be solicited from the affected Boards, Commissions, and Committees only for the following: City Council's Youth Advisory Committee Commission on Children &Youth Committee for Persons with Disabilities Community Youth Development (78415) Food Service Advisory Committee Leadership Committee for Senior Services Oil & Gas Advisory Committee Retired and Senior Volunteer Program Advisory Committee Senior Companion Program Advisory Committee Tree Advisory Committee ALTERNATIVES: Council may approve or disapprove the Resolution. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2011- Expenditures 2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: City Staff recommends approve of the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution 1 Resolution amending City Council policies for City board, committee, and commission appointment recommendations. Be it resolved by the City Council for the City of Corpus Christi, Texas: Section 1. That Section 14.1 of the City Council policies regarding City board, committee, and commission appointment recommendations, is revised to read as follows, with the new language indicated by underlined text: "14. Boards, commissions, and committee procedures. All individuals considered for appointment by the City Council to a Board, Commission, or Committee must have a resume or biographical information sketch on file in the office of the City Secretary. All vacancies must be listed on a City Council agenda in order for appointments to be made. Any Council Member can nominate persons to fill vacancies, except where the law requires nomination by the Mayor or City Manager. Each appointment must receive a majority vote of the Council Members present and voting. No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time unless required by charter, statute, or other ordinance or when such service is required by virtue of the individual's position or title as the result of employment or when such appointment involves the Mayor or Council Members. The following rules and procedures will govern standing City Boards, Commissions, and Committees: 1. Recommendations for appointments will be solicited from the affected Boards, Commissions, and Committees only for the following: City Council Youth Advisory Committee; Commission on Children &Youth; Committee for Persons with Disabilities; Community Youth Development (78415); Food Service Advisory Committee; Leadership Committee for Senior Services; Oil & Gas Advisory Committee; Retired and Senior Volunteer Program Advisory Committee; 2 Senior Companion Program Advisory Committee; and Tree Advisory Committee. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott t S U� p AGENDA MEMORANDUM �pia Public Hearing and First Reading for the City Council Meeting of July 9, 2013 2852 Second Reading for the City Council Meeting of July 16, 2013 DATE: May 15, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Commercial to Industrial for Avalon Corpus Christi Transitional Center, LLC Property Address: 1515 North Tancahua Street CAPTION: Case No. 0413-03 Avalon Corpus Christi Transitional Center, LLC: A change of zoning from the "CG-2" General Commercial District and the "IH" Heavy Industrial District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from commercial to light industrial. The property is described as being a tract of land comprised of Lots 1 - 6, Block 58, Beach Portion of the City of Corpus Christi, a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion, located on the southwest corner of North Tancahua Street and Resaca Street. PURPOSE: The purpose of this item is to rezone the property to allow a light industrial use. RECOMMENDATION: Planning Commission and Staff Recommendation (May 22, 2013): Denial of the change of zoning from the "CG-2" General Commercial District and the "IH" Heavy Industrial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit, subject to two conditions: 1. USE: The only use allowed on the property other than a use allowed by right in the "CG-2" General Commercial District is a social service use. 2. TIME LIMIT: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "CG-2" General Commercial and "IH" Heavy Industrial Districts in order to allow the expansion of the existing nonconforming facility. The subject property was rezoned in 1998 to the "CG-2" General Commercial District (formerly "B-4" General Business District) to allow Reality Ranch, which is a post-incarceration and rehabilitation facility. This type of use is classified as a "social service" use. When the UDC was adopted, social service uses were no longer allowed in the "CG-2" District. The use is considered nonconforming and expansion of nonconforming uses is prohibited. Therefore, the applicant is requesting a rezoning in order to expand the facility. The proposed rezoning is not consistent with the Future Land Use Plan, which slates the property for a commercial use. An industrial zoning district would allow incompatible uses on the property should the facility no longer be in operation. Staff recommends approval of a Special Permit that would retain the commercial zoning district. The applicant is in agreement with the conditions listed in the proposed Special Permit. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approval of a special permit; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is not consistent with the Future Land Use Plan, which slates the property for a commercial use. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits g+ as.r P1,11 IN AW �r "JO QZ � ld, 5k ci• eT J � l e s �r 4 a ,fir 4YO ' d Ff N J ZONING REPORT Case No.: 0413-03 HTE No. 13-10000013 Planning Commission Hearing Date: May 22, 2013 Applicant: Avalon Corpus Christi Transitional Center, LLC Representative: David Conoly c Owners: Darla-I, Ltd. and Myrtleson, Ltd. m a Legal Description/Location: Being a tract of land comprised of Lots 1 - 6, •Q Q 'r- Block 58, Beach Portion of the City of Corpus Christi, a portion of Fitzgerald c Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, o Block 48, Beach Portion, located on the southwest corner of North Tancahua Street and Resaca Street. From: "CG-2" General Commercial District and "IH" Heavy Industrial District To: "IL" Light Industrial District c Q Area. 1.25 acres .o a Purpose of Request: To bring the property into conformance with the Unified N Development Code (UDC) and subsequently expand the Reality Ranch Transitional Facility. Existing Zoning District Existing Land Use Future Land Use "CG-2" General Site Commercial & "IH" Medium Density Commercial c Heavy Industrial Residential c M North "IH" Heavy Industrial Light Industrial Commercial N -0 r_ South "IH" Heavy Industrial Commercial Commercial Light Industrial & n East "IH" Heavy Industrial Vacant Commercial w West "IH" Heavy Industrial Public Semi-Public Commercial Area Development Plan: The subject property is located in the South Central cL c Area Development Plan (ADP) and is planned for commercial uses. The proposed change of zoning to the "IL" Light Industrial District is not consistent a c with the Future Land Use Plan. a Map No.: 045045 & 045046 Zoning Violations: None Zoning Report Case#0413-03 Avalon Page 2 c Transportation and Circulation: The subject property has approximately 300 feet of frontage along North Tancahua Street, which is a "Cl" Minor c Residential Collector street, and approximately 150 feet of frontage along CL Resaca Street, which is a Local Residential street. The development is using c>s part of the future Fitzgerald Street right of way. No right of way dedication will be required with the replat of this property. Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type d N. Tancahua "Cl" Minor 60' ROW 95' ROW Not St. Residential Collector 40' paved 40' paved Available Q Cn L Resaca St. Local Residential 50' ROW 20' ROW Not 28' paved 28' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG-2" General Commercial and "IH" Heavy Industrial Districts in order to allow expansion of the existing nonconforming facility. The subject property was rezoned in 1998 to the "CG-2" General Commercial District (formerly "B-4" General Business District) to allow Reality Ranch, which is a post-incarceration and rehabilitation facility. This type of use is classified as a "social service" use. When the UDC was adopted, social service uses were no longer allowed in the "CG-2" District. The use is considered nonconforming and expansion of nonconforming uses is prohibited. Therefore, the applicant is requesting a rezoning in order to expand the facility. Proposed Use & Development Plan: Avalon Corpus Christi Transitional Center will operate the Reality Ranch facility and will lease not purchase the subject property. Reality Ranch has been in operation at this location since its rezoning was initially approved in 1998. Reality Ranch is a licensed residential substance abuse treatment facility under contract to the Texas Department of Criminal Justice (TDCJ) and licensed by the Texas Department of State Health Services. Residents are all referred by TDCJ. Reality Ranch provides residential care to adult men transitioning from incarceration back into society and who have a history of chronic drug and/or alcohol abuse. Residents are not permitted to freely come and go. Persons leaving the facility must have an approved itinerary. The applicant plan to add four modular buildings to the property. Of the four buildings proposed, a 1,200-square-foot building and 2,136-square-foot building will house residents; a 1,540-square-foot building will be used for office space; and a 160-square- foot building is for a security check in/out point. Zoning Report Case#0413-03 Avalon Page 3 Existing Land Uses & Zoning: North of the subject property is land owned by the Port of Corpus Christi zoned "IH" Heavy Industrial District. South of the subject property is the Concrete Street Amphitheater zoned "IH" Heavy Industrial District. West of the subject property is the City Broadway Wastewater Treatment Plant zoned "IH" Heavy Industrial District. East of the subject property is a parking lot zoned "IH" Heavy Industrial District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the South Central ADP and the proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Plan, which slates the property and other properties in the immediate vicinity for commercial uses. Plat Status: The existing facility is located on property that consists of multiple platted lots. In order to add additional buildings that would cross lot lines, the property would need to be replatted into one lot. Department Comments: • The continued existence and expansion of the Reality Ranch facility is compatible with current industrial zoning patterns in the area and will not have any negative impacts on the existing surrounding properties. • The Future Land Use Plan calls for future commercial uses on the subject property and surrounding properties. Approving a rezoning to the "IL" Light Industrial District would not be consistent with the Future Land Use Plan. Granting a Special Permit with the "CG-2" General Commercial District remaining as the underlying district would allow the expansion of the existing facility while retaining the commercial zoning designation. A Special Permit would prevent other light industrial uses from occupying the property should the existing facility discontinue its operations at this location. Preventing future industrial uses on this property would be consistent with the plan for this area. • The UDC allows a social service use in the "CG-1" General Commercial District only by means of a Special Permit. Compared to the "CG-2" General Commercial District, the "CG-1" District prohibits residential uses. The landowner wants to retain the option to develop the property with residential uses and chose to apply for the "IL" Light Industrial District with the knowledge that staff would recommend denial of the "IL" District and instead approval of the "CG-2/SP" General Commercial District with a Special Permit. • The South Central Area Development Plan states that conversion of industrial uses between the City Broadway Wastewater Treatment Plant and U.S. Highway 181 should be encouraged to make this area more visitor-oriented. Retaining the "CG-2" General Commercial District would be consistent with the plan for this area. Zoning Report Case#0413-03 Avalon Page 2 Planning Commission and Staff Recommendation (May 22, 2013): Denial of the change of zoning from the "CG-2" General Commercial District and "IH" Heavy Industrial District to the "IL" Light Industrial District, and in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit subject to the following conditions: 1. USE: The only use allowed on the property other than a use allowed by right in the "CG-2" General Commercial District is a social service use. 2. TIME LIMIT: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Number of Notices Mailed — 7 within 200' notification area; 2 outside notification area 0 As of May 23, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 1 (inside notification area); 0 (outside notification area) For 0.61% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan ST HUGHES �C HC m Hu�HES,. ST ss 8 7 � v C A ST SUBJECT PROPERTY RE _SAGA G 5 n R F TZG 4 d 6 �y b "4 h Z M 3 v 0 43 z 0 1 � _ � D h M � b Date C eated.,&,812013 0 400 800 Prepared By:jeremym Feet Department of Development Services a ry CASE: 0413-03 F' y 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM-1 Multifamily 1 IL Light Industrial / RM-2 Multifamily 2 IH Heavy Industrial sy�q U RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay - -------- / ON Professional Office RS-10 Single-Family 10 % CHANNEL ! SUBJECT RM-AT Multifamily AT RS-6 Single-Family 6 — - CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 /� / , PROPERTY CN-2 Neighborhood Commercial RS-TF Two-Family j CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse �1 CG-2 General Commercial SP Special Permit CI Intensive Commercial RV Recreational Vehicle Park LEOPARD CB I Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Overlay N BP Business Park ONES Ei t ti Subject Property O Owners p City Of with 200'buffer in favor S a MORGAN Corpus 4 Owners within 200'listed on v Owners LOCATION MAP Christi attached ownership table /�in opposition m y m RESXA S7 { I N. w� CO % C7 4 LL m u CO 1 � 4 N j I { Q Q 20' 0°' - � ONIT4R j ta7 _ Icn z ,rte, ti? v r r v c`�"• c'� z ' r� j��Iv � G7 / v v 1 55- lr ,, z I ,. r 1 a � CD OLD STE BOUN ARY LLD SITE BOUNDARY"' .� y F Cn I c co N, 789 I Ir ; II r I O (no �w o C T 3 �_O O 7J REALITY RANCH __, Ordinance amending the Unified Development Code ("UDC") upon application by Avalon Corpus Christi Transitional Center, LLC, acting as agent on behalf of Darla-I, Ltd., owner of Lots 1-6, Block 58, Beach Portion of the City of Corpus Christi, and Myrtleson, Ltd., owner of a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion, by changing the UDC Zoning Map from the "CG-2" General Commercial District and "IH" Heavy Industrial District to the "CG-2/SP" General Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Avalon Corpus Christi Transitional Center, LLC, acting as agent on behalf of Darla-I, Ltd. and Myrtleson, Ltd. for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 22, 2013, during a meeting of the Planning Commission, and on Tuesday, July 9, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Avalon Corpus Christi Transitional Center, LLC, acting as agent on behalf of Darla-I, Ltd. and Myrtleson, Ltd. (both parties collectively referred to as the "Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a tract of land comprised of Lots 1 - 6, Block 58, Beach Portion of the City of Corpus Christi, a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion (the "Property"), located on the southwest corner of North Tancahua Street and Resaca Street, from the "CG-2" General Commercial District and "IH" Heavy Industrial District to the "CG-2/SP" General Commercial District with a Special Permit, subject to two conditions (Zoning Map Nos. 045045 & 045046)7 as shown in Exhibit "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the following two conditions: 1. USE: The only use allowed, other than those uses allowed by right in the "CG-2" General Commercial District, is a social service use. 2. TIME LIMIT: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (a tract of land comprised of Lots 1 - 6, Block 58, Beach Portion of the City of Corpus Christi, a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion) and that are in conflict with this ordinance are hereby expressly repealed. 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. Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\0413-03 Avalon Corpus Christi Transitional Center\Council docs\0413-03 Ordinance,Avalon SP.docx Page 3 of 3 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIxoN M. WELSH, P.E.,R.P.L.S. 361 882-5521- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr(q aol.com e-mail: nixmw(cbaol.com BASS & WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 April 26, 2013 Field Note Description Proposed Rezoning Being a tract situated in Corpus Christi, Nueces County,Texas, comprised of Lots 1—6, Block 58, Beach Portion of the City of Corpus Christi as shown on the map thereof recorded in Volume "A" at Pages 2 and 3 of the Map Records of Nueces County, Texas, a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion as shown on the map thereof recorded in Volume 60 at Page 197 of the map records of Nueces County, Texas, and being more particularly described by metes and bounds as fo I I ows: BEGINNING at the northeast corner of Lot 6, Block 58, Beach Portion, for the northeast corner of this tract; THENCE S 10°59'02" E along the east margin of Lots 6—1, Block 58 and its southerly extension at 300 feet pass the southeast corner of Block 58 at 360 feet pass the northeast corner of Lot 16, Block 48, Beach Portion and in all a distance of 370 feet to a point for the southeast corner of this tract; THENCE S 79°00'58" W 10.0 feet south of and parallel to the north line of Lot 16, Block 48, Beach Portion, a distance of 169.93 feet to a point in the northwest boundary of Lot 16 for the most southerly southwest corner of this tract; THENCE N 34°09'08" E along the northwest boundary of Lot 16 at 14.18 feet pass the northwest corner of Lot 16, Block 48 and in all a distance of 58.20 feet to a point for an interior corner of this tract, said point being an interior corner in the west boundary of the heretofore referenced closed portion of Fitzgerald Street; THENCE N 19°58'48" E with the west boundary of the closed portion of Fitzgerald Street a distance of 33.76 feet to a point in the south boundary of Lot 1, Block 58, Beach Portion for an interior corner of this tract; THENCE S 79°00'58"W a distance of 38.69 feet to the southwest corner of Lot 1, Block 58 for a corner of this tract; THENCE N 10°59'02"W along the west boundary of Lots 1 —6, Block 58, a distance of 300.0 feet to the northwest corner of Lot 6, for the northwest corner of this tract; THENCE N 79°00'58" E along the north boundary of Lot 6, a distance of 150.00 feet to the POINT OF BEGINNING, forming a tract embracing 54,603 square feet(1.25 acres). Murray Bass, Jr., R.P.L.S. Note: Bearings are State of Texas Lambert Grid,South Zone, NAD 1927 MBJ:sab Darla-Avalon-Field Note Desc2.doc Page 1 of 1 REVISED EXHIBIT A geginnin9 D p ST . 14-7500 5g„E 15p'pp' � 'S N 4 z O, O 0 3 t N � Ns 10 m W O n O O O 11 O 1 1 a4,j �cU 579.pp+58 ,� CLOSEO + 2 F�TZGERAL�24p09 '38 .69 aY ORO OF �<v .�p�•�1STE. F 'O��O �b•'�� RFO�tA MURRAY BASS. JR. �`� �. •pp'rJB++� �69•g3' .......... 579 `.A LOT 16 7►� fss�° LOCK 4 s u' PORTION PROPOSED REZONING BLOCKS 48 & 58, BEACH PORTION Prepared by.- Boss & Welsh Engineering Job No: 13023 3054 So. Alameda St. Scale: 1"=60' Corpus Christi, Tx. 78404 Date. 4-26-13 (361) 882-5521 (phone) EXHIBIT 6 Drawing No: REZONE (361) 882-1265 (fax) Plotscale: 1=1 FIRM REGISTRATION NO. F-52 Sheet 1 of 1 U� p AGENDA MEMORANDUM pia Public Hearing and First Reading for the City Council Meeting of July 9, 2013 1852 Second Reading for the City Council Meeting of July 16, 2013 DATE: May 23, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Single-Family to Two-Family for Sababa Holdings, LLC Property Address: 1213 Central Street CAPTION: Case No. 0513-02 Sababa Holdings, LLC: A change of zoning from the "RS-6" Single- Family 6 District to the "RS-TF" Two-Family District, not resulting in a change to the Future Land Use Plan. The property is described as Lot 17, Block 4, Flour Bluff Center, located on the east side of Central Street, between South Padre Island Drive (SH 358) and O'Neill Street. PURPOSE: The purpose of this item is to rezone the subject property to allow a two-family dwelling unit. RECOMMENDATION: Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District in order to make the existing duplex structure compliant with adopted zoning regulations. A duplex structure is not allowed in the "RS-6" Single-Family 6 District. The applicant does not have plans to redevelop the property or change its use. The proposed rezoning is consistent with the Future Land Use Plan, which slates the property for a low density residential use. This rezoning is a reasonable expansion of the existing, conforming two-family uses located along Central Street. Additionally, the proposed rezoning is compatible with current zoning patterns in the area and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approval of a special permit; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is consistent with the Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits `✓ f I s '4, k F 'F � P Cb 8-1 r y �f w r o� Aft4 s o"? f s� 1 "rWr"ag owl J r a r r� at Y p F ZONING REPORT Case No.: 0513-02 HTE No. 13-10000016 Planning Commission Hearing Date: May 22, 2013 a Applicant/Representative: Sababa Holdings, LLC o Owner: RZ Texas Properties, LLC 6 m,CL Legal Description/Location: Lot 17, Block 4, Flour Bluff Center, E—J 5 located on the east side of Central Street, between South Padre Island Q°a o Drive (SH 358) and O'Neill Street. From: "RS-6" Single-Family 6 District To: "RS-TF" Two-Family District 'o a Area. 0.16 acres N Q Purpose of Request: To bring the property into conformance with the Unified Development Code. Existing Zoning Existing Land Use Future Land Use District Site "RS-6" Single-Family 6 Low Density Low Density Residential Residential "RS-6/SP" Single- Low Density Low Density (D North Family 6 with a Special c Permit Residential Residential N Low Density J South "RS-6" Single-Family 6 Vacant Residential Low Density w East "RS-6" Single-Family 6 Vacant Residential "RS-6/SP" Single- Low Density Low Density West Family 6 with a Special Residential Residential Perm it Area Development Plan: The subject property is located in the Flour Bluff cL c Area Development Plan (ADP) and is planned for low density residential uses. The proposed change of zoning to the "RS-TF" Two-Family District is a 6 consistent with the adopted Future Land Use Plan. a Map No.: 035032 Zoning Violations: None o Transportation and Circulation: The subject property has 50 feet of vii .o frontage along Central Street, which is a local residential street. The property c�a is located between O'Neill Street, which is a local residential street, and South Padre Island Drive (SH 358), which is designated as a Freeway/Expressway. Urban Proposed Existing Traffic Street Transportation Volume Section Section L O Plan Type (2011) C Central St. Local Residential 50' ROW 50' ROW Not 28' paved 18' paved Available Zoning Report Case#0513-02 Sababa Holdings, LLC Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District in order to conform to current zoning regulations. A two-family use exists on the subject property but is not allowed in the "RS-6" Single-Family 6 District. The applicant does not have plans to redevelop the property or change its use. Existing Land Uses & Zoning: South and east of the subject property is vacant land zoned "RS-6" Single-Family 6 District. North and west of the subject property are two- family houses zoned "RS-6/SP" Single-Family 6 District with a Special Permit. 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 in the Flour Bluff Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. Plat Status: The subject property is currently platted. Department Comments: • The subject property is currently occupied by a two-family structure and is currently a noncompliant use. In order to conform to the Unified Development Code, the property must be rezoned to the "RS-TF" District. • The properties located north and west of the subject property are developed with two-family uses and were allowed with a Special Permit in the "RS-6" Single-Family 6 District. The proposed rezoning is consistent with the land use and zoning of the adjacent properties. • The proposed rezoning would not negatively impact the surrounding properties and is consistent with the Future Land Use Plan's designation of the property as a "low density residential" use. Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. Number of Notices Mailed — 28 within 200' notification area; 3 outside notification area 0 As of May 23, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) N a tiny q s ?"0 M 3s8.F y 6141y �-G 2' �' 3S m d o " a " -, RII�R- ? SP183 -47 a " v gs �RF �y GG - " L " M M eP CG- ? 0411 SP/12 - Q3 N p "O �� " M M ��• � " M �� sAq y`Ly GG - 2 " � h M CO ♦Q9� SP184 -48 o M " SUBJECT M �� M M 6 " PROPERTY " " S/P/83 - !w M M 26 O M _ " M � " M " 8 1OM " 25 M U 14M " M " 3 C, " M " /`^\ p A M ry �5- \�V M24 " M ry 5 4 M M " 2 " 19 1t8 M 16 " 2 13 M 2U 5 _ M — 12 0� F " 9 " m a 22� 2, " 21 .� M h — RS - � o " M H r C " " " s O RE w m 8 O " " " "Date Crea�d:5/1/20-3 0 400 800 P_cep are d�8y:jeremym Feet 1D Department ofDevelopmentServices N CASE: 0513-02 °ayooe 2. SITE - EXISTING ZONING, "QS NOTICE AREA & OWNERSHIP RM-1 Multifamily 1 IL Light Industrial SUBJECT RM-2 Multifamily 2 IH Heavy Industrial PROPERTY RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 \O� CR-2 Resort Commercial RE Residential Estate J CG-1 General Commercial w RS-TH Townhouse CG-2 General Commercial SP Special Permit Cl Intensive Commercial o o += RV Recreational Vehicle Park cayo oet Oso CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial QTR% FR Farm Rural H Historic Overlay BP Business Park i ® Subject Property Own ers S eeF'9N.�R City Of 'k with 200'buffer O in favor COipUS 4 Owners within 200'listed on v Owners LOCATION MAP Christi attached ownership table /�in opposition Ordinance amending the Unified Development Code ("UDC") upon application by Sababa Holdings, LLC, acting as agent on behalf of RZ Texas Properties, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 17, Block 4, Flour Bluff Center, from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Sababa Holdings, LLC, acting as agent on behalf of RZ Texas Properties, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 22, 2013, during a meeting of the Planning Commission, and on Tuesday, July 9, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Sababa Holdings, LLC, acting as agent on behalf of RZ Texas Properties, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 17, Block 4, Flour Bluff Center (the "Property"), located on the east side of Central Street, between South Padre Island Drive (SH 358) and O'Neill Street, from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District (Zoning Map No. 035032), as shown in Exhibit "A." Exhibit A, which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (Lot 17, Block 4, Flour Bluff Center) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 0513-02 Ordinance, Sababa Holdings Page 2 of 2 b ti q a ?"0 — " 4�fV i " R Rllb�- 1 SP183 -47 a " v gs �RF �r CG �, " L " M M eP CG- 1 ��, SP/12 - Q3 N p "O V " �� h M h SP 18h8'-48 b M " SUBJECT M �s M " M PRO R _ M b P Y ERT " ~ N S/P183 - 2 + M O N M � O N ev ry C R\S` ~ M r r 5 S P 11 4 M M " 2 N � N b M eO1v ~ M M A� ev b M m b M CO " A� " b ry m " ry N ~ ~ M '�7 M N � b r " " N N b " O w n C N y N s ry w ro b N ry O b RE w O o " RO w � �, n Date Crea�d:511/20 0 400 800 P_repared�By.,jeremym Feet 1D DepartmentofDevelopment Services N CASE: 0513-02 °dyOOe/ 1. SUBJECT PROPERTY °s° "QS ® Subject SUBJECT Property PROPERTY o� e° Cayo Del 05o 0 o°N F royTR/% EX H I BIT A s cows �` LOCATION MAP Christi t S U� p AGENDA MEMORANDUM pia Public Hearing and First Reading for the City Council Meeting of July 9, 2013 1852 Second Reading for the City Council Meeting of July 16, 2013 DATE: May 23, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Farm/Rural to Residential Estate for Solomon and Lisa De La Fuente Property Address: 7850 Starry Road CAPTION: Case No. 0513-03 Solomon and Lisa De La Fuente: A change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Plan from park to estate residential. The property is described as being a 3.86-acre tract of land out of Lot 15, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Starry Road and Starry Circle, approximately one-half mile south of Yorktown Boulevard. PURPOSE: The purpose of this item is to rezone the subject property to allow the construction of a single-family dwelling on a tract of land less than five acres in area. RECOMMENDATION: Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District in order to construct a single-family residence on a tract of land less than five acres in area. The proposed change of zoning is compatible with current land uses in the area and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approval of a special permit; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and the proposed rezoning is inconsistent with the adopted Future Land Use Plan, which slates the property for a park use. The City owns approximately 150 acres in this area fronting the Oso Creek, which is planned as part of the Oso Creek-Oso Bay Green Belt, Parks and Trail System. The subject property does not have frontage on the Oso Creek and is not intended to become part of the park property. Therefore, changing the Future Land Use Plan's designation of the subject property from park to low-density residential is appropriate. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits 'fir k. p , Ee ,e 1 � � 4 , v f z , kk " t J u ur k � ftr r 3 r d" If w 's ref -lip Mae an 1 An f 5� a "fir,a °n=rz f'x f s x� ta 'f5'�"`� �� ' {. v rx; M two NW ZONING REPORT Case No.: 0513-03 HTE No. 13-10000017 Planning Commission Hearing Date: May 22, 2013 Applicant/Owner: Solomon and Lisa De La Fuente Representative: Urban Engineering a Legal Description/Location: Being a 3.86-acre tract of land out of •Q Q CM .0 Lots 15, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, u) located south of Yorktown Boulevard along the east side of Starry o Road. From: "FR" Farm Rural District To: "RE" Residential Estate District 'o Cr Area. 3.86 acres N Purpose of Request: To allow for a single-family residence on a lot less than five acres. Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Park North "FR" Farm Rural Vacant Park o South "FR" Farm Rural Vacant/Low Density Park N Residential Vacant/Low Density East "FR" Farm Rural Residential Park W West "FR" Farm Rural Vacant Low Density Residential Ca Area Development Plan: The subject property is located in the Southside cL c Area Development Plan (ADP) and is planned for park uses. The proposed change of zoning to the "RE" Residential Estate District is inconsistent with the a c adopted Future Land Use Plan. a Map No.: 041029 Zoning Violations: None c Transportation and Circulation: The subject property is located at the corner CL c of Starry Road and Starry Circle, which are local residential streets. The ' property has indirect access to Yorktown Boulevard, a proposed "A3" Primary Arterial street, via Starry Road. Zoning Report Case#0513-03 De La Fuente Page 2 Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type O W Starry Road Local Residential 50' ROW 40' ROW Not Q 28 paved 16 paved Available L Starry Circle Local Residential 50' ROW 40' ROW Not 28' paved 16' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District in order to allow construction of a single-family residence on a tract of land less than five acres in area. Although the "FR" Farm Rural District allows for single-family residences, the "RE" Residential Estate District allows the proposed single-family property to meet the development standard of a minimum one-acre lot area for platting requirements. Existing Land Uses & Zoning: North of the subject property is vacant land zoned "FR" Farm Rural District. South of the subject property is a 22.43-acre lot with a single- family residence zoned "FR" Farm Rural District. East of the subject property is a 20- acre lot with a single-family residence zoned "FR" Farm Rural District. West of the subject property is vacant land zoned "FR" Farm Rural District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and the proposed rezoning is inconsistent with the adopted Future Land Use Plan, which slates the property for a park use. Plat Status: The subject property is not platted. Department Comments: • A single-family residence constructed in accordance with flood hazard reduction is an appropriate use for this undeveloped tract of land. • The Future Land Use Plan designates the property for park uses. The City owns approximately 150 acres in this area fronting the Oso Creek, which is planned as part of the Oso Creek-Oso Bay Green Belt, Parks and Trail System. The subject property does not have frontage on the Oso Creek and is not intended to become Zoning Report Case#0513-03 De La Fuente Page 3 part of the park property. Therefore, changing the Future Land Use Plan's designation of the subject property from park to low-density residential is appropriate. • The proposed change of zoning is compatible with current land uses in the area and would not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. Number of Notices Mailed — 5 within 200' notification area. c 0 As of May 23, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a c In Opposition — 0 (inside notification area); 0 (outside notification area) Z For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\S HARE D\ZONING CASES\2013\0513-03 De La Fuente\PDF Documents for Legistar\0513-03 Report for CC, De La Fuente.docx SUBJECT 2 PROPERTY 0 3 1 5 F'R 4 6 w 7 Date Created:512/2 13 0 400 800 Prepared By:jere'' Feet Department of Development Services CASE: 0513-03 2. SITE - EXISTING ZONING, ��`� ev° NOTICE AREA & OWNERSHIP `aypDel°=� RM-1 Multifamily 1 IL Light Industrial SUBJECT r\Q<<cto RM-2 Multifamily 2 IH Heavy Industrial pso PROPERTY q'ro ON Mult Professional Office RS-D10 Unit Overlay 'OFryyy o,Q�TOry,ve ? qp/eeFgNo y RS-6 Single-Family 6 \\ < ,q CN-2 Neighborhood Commercial Commercial RS-TF Two-Family y4.5 Rg2jgF<o Neighborhood RS-TF Two-Family p CR-1 Resort Commercial RS-15 Single-Family 15 _ R CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse --- �so CREE CG-2 General Commercial K SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural ' N H Historic Overlay BP Business Park C Subject Property Owners 11 City Of with 200'buffer 0 in favor �� Corpus 4 Owners within 200'listed on v Owners LOCATION MAP Christi attached ownership table /�in opposition Ordinance amending the Unified Development Code ("UDC") upon application by Solomon De La Fuente and Lisa De La Fuente ("Owners"), by changing the UDC Zoning Map in reference to a 3.86- acre tract of land out of Lot 15, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Solomon De La Fuente and Lisa De La Fuente ("Owners") for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 22, 2013, during a meeting of the Planning Commission, and on Tuesday, July 9, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Solomon De La Fuente and Lisa De La Fuente ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 3.86-acre tract of land out of Lot 15, Section 34, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), located on the northeast corner of Starry Road and Starry Circle, approximately one-half mile south of Yorktown Boulevard, from the "FR" Farm Rural District to the "RE" Residential Estate District (Zoning Map No. 041029), as shown in Exhibits "A," and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (a 3.86-acre tract of land out of Lot 15, Section 34, Flour Bluff and Encinal Farm and Garden Tracts) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 0513-03 Ordinance, De La Fuente revAG Page 2 of 2 i I i ' Job No. 42776.00.00 Apn123,2013 URBAN ENGINEERING STATE OF TEXAS COUNTY OF NUECES Fieldnotes of a 3.86 Acre,tract of land,more or less, (not based on an on-the-ground survey),out of Lot 15, Section 34,Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume A,Pages 41-43,Map Records of Nueces County, Texas;being comprised of a 1.14 Acre tract of land described in a Deed from Deborah Warner to Solomon De La Fuente and wife,Lisa De La Fuente,recorded in Document No.2006011280,of the Official Public Records of Nueces County,Texas, together with a 1.14 Acre tract and a 1.58 Acre tractdescribed as Tract I and Tract 11 in Exhibit Aof a Warranty Deed from Ernest Starry,Ill and wife,Becky Starry to Solomon De La Fuente and wife,Lisa De La Fuente,as recorded in Document No.2006010703 of the said Official Public Records, said tract being more fully described as follows: Beginning,at the intersection of the centerline of Starry Road,a 40.00 foot wide public road and the centerline of a 40.00 foot wide road,commonly known as Starry Circle,being the North corner of Lot 1, Section 35,the East corner of Lot 8,Section 24,the South corner of Lot 25,Section 25,all of the said Flour Bluff and Encinal Farm and Garden Tracts, for the West corner of the said Lot 15 and this tract; Thence,North 28°41'55"East,with the centerline of the said.Starry-Road,same being the common boundary of the said Lot 24 and the said Lot 15,254.75 feet,to the West corner of a 2.854 acre tract of land described in a Deed from William A Lands to JB Partners,recorded in Document No.2008046694,of the said Official Public Records,for the North corner of this tract; Thence,South 61018'05"East,with the common boundary of the said 2.854 acre tract and this tract,660.04 feet to the Northwest boundary of Lot 14, Section 24,of the said Flour Bluff and Encinal Farm and Garden Tracts,the Southeast boundary of the said Lot 15, Section 34,for the East corner of this tract; Thence,South 28°41'00"West,with the common boundary of the said Lot 14 and the said Lot 15,254,71 feet to the centerline of the said Starry Circle,being the North corner of Lot 2 Section 35,of the said Flour Bluff and Encinal Farm and Garden Tracts,the East corner of the said Lot 1,the West corner of the said Lot 14,for the South corner of the said Lot 15 and this tract: Thence,North 61'18'17"West,with the centerline of the said Starry Circle, being the common boundary of the said Lot 1 and the said Lot 15,660.11 feet the Point of Beginning, containing 3.86 acres of land,more or less. Bearings are based on the Record Bearings in the Description of the said 1.140 acre and 1.580 acre tracts of land Unless this Field Notes Description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility or liability for its accuracy. . �( 0 dye URBAN ENGINEERING rF� KEITH W.WOOLEY 54$3 p iq. Keith W. Wooly,A.L.S. '17 a EBB No,5 3 11UrbadsO21Data\Sm•veying142776100001OFFICEIMETES AND B0UNDS\FN3.860ACres.d0Cx Page 1 of 1 (361)854-3101 2725 SWANTNER DR.• CORPUS CHRISTI, FAX(361)854-6001 www.urbaneng.com TBPE Firm#145 Exhibit A o� �L c� r / / h F 4 /L e f S e so o , P Q/F '0)e o D f 9s Or �° e46 �.n69 't cp e4 o ae4 pro �eOpkas cts art C VE \\\ \\\ 3.86 Acres out\of' \ \ Lot 15, Section 34 \ �o \ ry° Flour Bluff &I Fncinal Farm & Gard a IN"' Tracts �o , `��' ry\ fYty Vol. A.-P 41-43, Map 2oo- �per• Records of Nu County, Texas \ 0'/28aes 4�R4 '_1\ �\ o'0R No 7. \\'rs \\T1 \ \ 200607 acre \ \ • 9jG�fC& Rec°r�ol fhc; S \ e \ t0o \ T) °� Q�� as Q ph°/ Lot.. \�0 \ G \ '1I Hi C'`S° 0060�0 S \\ ;� ° rj ht1; T h pr \O� \ Op ,� �p•r�•U�y ek° oc is \� \ R.h, cT) -y, v°4rQ: 2 moo,y° \ ti \ O F/ \ \ /Lff 4ot \ ReCOr SO/ q/C'.Sect. \\ o jD9s F°r coq N. ¢`� 3 or oo't dap aeh pr 0 pexps cts 150 100 50 0 100 200 now 1 =100 Map to Accompany FIEL©NOTES for a 3.86 Acre Tract of Land URBA DATE: ri! 23 2013 (not based on an on—the—ground survey) SCALE' out of Lot 15, section 34, Flour Bluff & ENGINEERING ,Ipg NO.: 42776.00.00 Encinal Farm & Garden Tracts, a map of CORPUS CHRISTI, 'TEXAS • which is recorded in Volume A, Pages SHEET. 1 Of 1 41-43, Map Records of Nusces County, ��,,,yQ f r 3 „�,a p„ DRAWN BY: Rl.G Texas. av� ( a)a -J�or F,� CrsV ass- ' 02013 by Urban Engineering Exhibit B t S U� p AGENDA MEMORANDUM pia Public Hearing and First Reading for the City Council Meeting of July 9, 2013 1852 Second Reading for the City Council Meeting of July 16, 2013 DATE: June 17, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Office to Single-Family by City of Corpus Christi for properties in Jackson Woods Subdivision Property Address: 10609-10621 Gettysburg St. and 10618-10630 Potomac St. CAPTION: Case No. 0613-03 City of Corpus Christi: A change of zoning from the "ON" Office District to the "RS-6" Single-Family 6 District, resulting in a change to the Future Land Use Plan from park to low density residential. The property is described as Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1, located on Gettysburg Street and Potomac Street, east of Peachtree Street. PURPOSE: The purpose of this item is to rezone the subject properties to eliminate their nonconforming status. RECOMMENDATION: Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "ON" Office District to the "RS-6" Single- Family 6 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the City of Corpus Christi is proposing a rezoning from the "ON" Office District to the "RS-6" Single-Family 6 District in order to bring the existing single-family dwellings into conformance with current zoning regulations. Single-family dwellings were built on the properties in the 1990's at a time when the former Zoning Ordinance allowed single-family dwellings in the Office District. The Unified Development Code (UDC) no longer allows single-family dwellings in the "ON" District. The proposed rezoning would bring the existing dwellings into conformance with the UDC, thus allowing the dwellings to be reconstructed if they are ever destroyed by natural or accidental causes. The continued existence of single- family dwellings is an appropriate use of the subject properties. The property owners are in agreement with this rezoning. Lot 17 of Jackson Woods Subdivision Unit 1, on the southwest corner of Gettysburg Street and Peachtree Street, was rezoned to the "RS-6" District on March 19, 2013, by the owners of the property. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approval of a special permit; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is not consistent with the Future Land Use Plan, which slates the properties for a park use. However, low density residential uses are appropriate for this location. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits r s C zLF.@ L'Y �.T r. a f ' V r • � E>�mg f mkk, �,� , m 'v 0. i dY r rt n N h" Y o � 3 5 sv� s vc i° uv � �rr. 4 e a S n y f k F t ' V r� y, s fr } �x pgog mill f , ZONING REPORT Case No.: 0613-03 HTE No. 13-10000020 Planning Commission Hearing Date: June 19, 2013 Applicant: City of Corpus Christi Owners: Donna A. Mansch (Lot 13), Rodolfo Gil and Janie H. Gil (Lot 14), c _ •o Martha Law Fuqua (Lot 15), Kristen Givens (Lot 16), Mary Kuhn and Robert a E. Kuhn (Lot 18), John Swetlick and Lanicia S. Swetlick (Lot 19), Andrea •Q 7 Alvarez (Lot 20), and James W. Raiford and Shirley A. Raiford (Lot 21). a otf o Legal Description/Location: Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1, located on Gettysburg Street and Potomac Street, east of Peachtree Street. From: "ON" Office District c To: "RS-6" Single-Family 6 District c Cr Area: 2.618 acres N Purpose of Request: To eliminate the properties' nonconforming status. Existing Zoning Existing Land Use Future Land Use District Site "ON" Office Low Density Park Residential M North "RS-6" Single-Family 6 Low Density Low Density a� y Residential Residential •� ? Low and Medium Public/ Semi-Public N- a South "RM-1" Multifamily 1 Density Residential & Low Density J & PuPlublicemi- Residential y Medium Density w East "RM-1" Multifamily 1 Residential & Public/ Semi-Public Public/ Semi-Public West "RS-6" Single-Family 6 Low Density Low Density Residential Residential Area Development Plan: The subject properties are located within the cL c boundaries of the Northwest Area Development Plan (ADP) and are planned for park uses. The proposed change of zoning to the "RS-6" Single-Family 6 a c District is not consistent with the adopted Future Land Use Plan. a Map No.: 061049 Zoning Violations: None c ° Transportation and Circulation: The subject properties have 315 feet of M frontage along Gettysburg Street, 116 feet of frontage along Peach Tree ° Street, and 321 feet of frontage along Potomac Street, which are local CL y residential streets. The properties are located approximately 135 feet west of c M McKinzie Road, which is an "A2" Secondary Arterial Divided street. H Zoning Report Case#0613-03 City of Corpus Christi Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type O Gettysburg 50' ROW 50' ROW Not St. Local Residential 28' paved 28' paved Available L Peachtree 50' ROW 50' ROW Not Cn St. Local Residential 28' paved 28' paved Available Potomac St. Local Residential 50' ROW 50' ROW Not 28' paved 28' paved Available Staff Summary: Requested Zoning: The City of Corpus Christi is proposing a rezoning with agreement from the property owners from the "ON" Office District to the "RS-6" Single-Family 6 District in order to bring the existing uses into conformance with current zoning regulations. Single-family dwellings were built on the properties in the 1990's when the former Zoning Ordinance allowed single-family dwellings in the Office District. When the Unified Development Code (UDC) went into effect, single-family dwellings were no longer allowed in the "ON" District and the single-family dwellings became nonconforming uses. The proposed rezoning would bring the existing dwellings into conformance with the UDC, thus allowing the dwellings to be reconstructed if they are ever destroyed by natural or accidental causes. Existing Land Uses & Zoning: North and west of the subject properties are single- family dwellings zoned "RS-6" Single-Family 6 District. South of the subject properties are single-family dwellings, Jackson Woods Presbyterian Church, and multifamily structures zoned "RM-1" Multifamily 1 District. East of the subject properties is Jackson Woods Presbyterian Church and a duplex structure zoned "RM-1" Multifamily 1 District. AICUZ: The subject properties are not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject properties are located within the boundaries of the Northwest Area Development Plan and are not consistent with the adopted Future Land Use Plan, which slates the properties for a park use. The rezoning, however, would be appropriate for this location and it is consistent with the surrounding properties. The Future Land Use Plan needs to be updated in order to remain consistent with development in the area. Department Comments: • The subject properties are currently occupied by single-family dwellings. The subject properties are located within the Jackson Woods subdivision and an office use at this location would be incompatible with the surrounding neighborhood. • A community center was previously located on the properties and was zoned as the Office District. When the community center was demolished and the property was subdivided into a single-family subdivision, a rezoning was not necessary for the Zoning Report Case#0613-03 City of Corpus Christi Page 3 development of the single-family neighborhood because single-family dwellings were permitted in the Office District. • The properties do not conform to current code. The dwellings cannot be rebuilt if they were damaged by more than 50% by a natural or accidental event. • The property owners do not have plans to redevelop the properties or change the use of their properties • The property owners have acknowledged their desire to rezone their properties. Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "ON" Office District to the "RS-6" Single- Family 6 District. Number of Notices Mailed — 37 within 200' notification area; 3 outside notification area 0 As of June 20, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\0613-03 City of CC\0613-03 Report for CC, City ofCC.docx N h N O ^ M M N Q M M 1 r b � -S - M b �+ M CG - 2 �C M N N N S UB�JEC�T M seG�c 27 31 6 ~ b z a PROPERTY 16 sN s� 34 M 38 30 5 M 32 — b 35 26 Q M hJ M 24 M Q ~ $ Q 33 w ♦GJ M N 22 O N 4 M �,dk` O� M 6� 13 ON 21 3 12 29 N � ~ O ~ M Q ry 36 10 ~ M M 18 25 b 2 Q -� 0 23 " N 19 11 R M 20 b W Q M b M CG- 2 N Date Created:61412013 0 400 800 Prepared By:jeremym Feet Department of Development Services CASE: 0613-03 SITE - ZONING & NOTICE AREA RM-1 Multifamily 1 IL Light Industrial Nue RM-2 Multifamily 2 IH Heavy Industrial - RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family4.5 ko ? CN-2 Neighborhood Commercial RS-TF Two-Family SUBJECT CR-1 Resort Commercial oP RS-15 Single-Family 15 o PROPERTY CR-2 Resort Commercial RE Residential Estate '� �`� CG-1 General Commercial RS-TH Townhouse � ra� ��wr CG-2 General Commercial SP Special Permit CI Intensive Commercial RV Recreational Vehicle Park CB I Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural N H Historic Overlay BP Business Park Subject Property Owners w_ City o - with 200'buffer O in favor N Corpus �1 p �� 2 4 Owners within 200'listed on v Owners LQC/y T'QN MAP \ u Christi attached ownership table /�in opposition Ordinance amending the Unified Development Code ("UDC"), upon initiation by the City of Corpus Christi, by changing the UDC Zoning Map in reference to Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1, from the "ON" Office District (formerly AB Professional Office District) to the "RS-6" Single-Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 19, 2013, during a meeting of the Planning Commission, and on Tuesday, July 9, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon initiation by the City of Corpus Christi, the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1 (the "Property"), located on Gettysburg Street and Potomac Street, east of Peachtree Street, from the "ON" Office District (formerly AB Professional Office District) to the "RS-6" Single-Family 6 District (Zoning Map No. 061049), as shown in Exhibit "A." Exhibit A, which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Page 2 of 2 K:\DevelopmentSvcs\S HARE D\ZONING CASES\2013\0613-03 City of CC\0613-03 Ordinance,City of CC.docx ^ " N O ^ " M ^ b ^ R;-S _ .� b �+ M �C M ^ ^ ^ SyI�OH 4H ^ W 'Y N SUBJECT M SeG Z ^ " WPROPERTY M csr o b N M M b a " ^ M V N O N M l,dk S� N " ^ M N O ~ M N N H h b .9� b ~ G N V� R M- 1 Q b W Q " b M CG - 2 N Date Created:61412013 0 400 800 Prepared By:jeremym Feet Department of Development Services CASE: 0613-03 SUBJECT PROPERTY WITH ZONING ® Subject �� / Ivueres := RivQ Property �l RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial go `-7 RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay 5� SUBJECT - \ ON Professional Office RS-10 Single-Family 10 oP PROPERTY RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 rj�� CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse � CG-2 General Commercial SP Special Permit N CI Intensive Commercial �p CBD Downtown Commercial RV Recreational Vehicle Park RMH Manufactured Home � E CR-3 Resort Commercial �;/� FR Farm Rural '�{o City Of -- H Historic Overlay Co US BP Business Park L TION MAP Christi EXHIBIT A Ordinance abandoning and vacating an undeveloped and unsurfaced 521.50-square-foot portion of the Laurelas Drive public street right- of-way out of Rancho Vista Subdivision Unit 3 and requiring the owners, Yorktown Oso Joint Venture and American Bank, to comply with specified conditions. WHEREAS, Yorktown Oso Joint Venture and American Bank ("Owners") have requested the abandonment and vacation of an undeveloped and unsurfaced 521.50- square-foot portion of the Laurelas Drive public street right-of-way out of Rancho Vista Subdivision Unit 3; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, July 9, 2013, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the subject portion of the undeveloped and unsurfaced public street right-of-way out of Laurelas Drive, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Yorktown Oso Joint Venture and American Bank ("Owners"), an undeveloped and unsurfaced 521.50-square-foot portion of the Laurelas Drive public street right-of-way out of Rancho Vista Subdivision Unit 3 (formerly, a portion out of Lot 31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts), located south of Yorktown Boulevard and east of Rodd Field Road, as recorded in Volume 67, Pages 29-30, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. The fair market value of the property being abandoned and vacated is $1,800.00. An exemption from payment is provided to the Owners pursuant to Section 49-12(c)(4) of the City's Code of Ordinances, as no part of the property being vacated has been improved nor used for street purposes and, furthermore, as the vacated portion reverts to the abutting owner and original conveyor. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor UK Job No. 39319.B3.02 ENGINEERING April 3,2013 State of Texas County of Nueces FIELDNOTES for a 0.012 acre tract of land(not based on an on-the-ground survey)out of Rancho Vista Subdivision Unit 3,a map of which is recorded in Volume 67,Pages 29-30,Map Records of Nueces County,Texas;said 0.012 acre tract of land being more fully described by metes and bounds as follows: BEGINNING at a point on the most southwesterly corner of said Rancho Vista Subdivision Unit 3,point being at the intersection of Fort Griffin Drive,a public right-of-way, and Laurelas Drive,a public right-of-way; THENCE,North 00°17'50"West,along a westerly boundary of Rancho Vista Subdivision Unit 3,a distance of 50.00,the point of curvature of a non-tangential circular curve to the left whose radius point bears North 009 7'50"West,a distance of 10.00 feet and having a central angle of 90°00'00",a radius of 10.00 feet,a tangent length of 10.00 feet and an arc length of 15.71 feet; THENCE,with said circular curve to the left,an arc length of 15.71 feet,to a point and for a corner of this tract; THENCE, South 009 7'50"East, a distance of 60.00 feet,to a point on the south right- of-way of said Laurelas Drive,same being a southerly boundary of said Rancho Vista Subdivision Unit 3,and for a comer of this tract; THENCE, South 89°42'10"West,along said south right-of-way of Laurelas Drive a distance of 10.00 feet to the Point of Beginning and containing 0.012 acres(521.5 sq ft)of land. Bearings based on the recorded plat of Rancho Vista Subdivision Unit 3,a map of which is recorded in Volume 67,Pages 29 and 30,Map Records of Nueces County,Texas. Unless this Field Notes Description,including preamble,seal and signature,appears in its original form, surveyor assumes no responsibility or liability for its accuracy. Urban Engineeri hA GxST .iIN UN�N.NN�N•w.NSt..• A1V 1 M URBAN ....•».•..••........._.... Dan L.Urban,R.P.L.S. *&4710 License No.4710 r' (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 EXHIBIT A 1 www.urbaneng.com S:1 Surveyingl393191B302\FN_ROW_closure.doc fPEW' #145 Lot 31. Section 25 Flour Bluff and Encinal Farm and Gorden Tracts Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas Sk Sk (Owner: Yorktown Oso Joint Venture) b S �• z z 3 0 oa N001 7'50V 50.00' d$ n O 0.012 Acres (521.5 sq ft)y v S00'17'50 0E 60.00 u m D n nn c cnooR � .40 o ° Fort Griffen Drive of c m c t� v o < ml C -lei M o M A o o O . C 7 w I Imo+. 1 S a i O C ni I Z O w • rr O Co wc 0O=C-(/)D� c W F C 2 ° <: N ce c�mmr�• � ° I �c 5 c' cn s W It 2. O c=-nCAOwN �oNNICU 00 O I CA W W I I � N • �o .4@US Ga 0 H AGENDA MEMORANDUM NoP© p,EO First Reading Ordinance for the City Council Meeting of July 9, 2013 1852 Second Reading Ordinance for the City Council Meeting of July 16, 2013 DATE: June 5, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services an cctexas.com 361-826-3729 Waterline Easement dedication to Coastal Bend Bays and Estuaries Program CAPTION: Ordinance authorizing the City Manager or designee to execute a Waterline Easement to dedicate and grant to the Coastal Bend Bays and Estuaries Program (CBBEP) a fifteen (15) foot wide easement across a 8.646-acre City-owned tract of land to construct a potable waterline across city property for purposes of supplying potable water to the CBBEP's education facility, located on CBBEP-owned land. PURPOSE: This ordinance dedicates a Waterline Easement to the CBBEP enabling them to construct a potable water line across the City's land to an education facility located on their land. BACKGROUND AND FINDINGS: The City acquired five tracts of land in 2004 from the Coastal Bend Bays and Estuaries Program (CBBEP) as part of a land exchange. These tracts are currently in use for the Mary Rhodes Pipeline. One of these tracts, Tract 3C, is a long 150 foot wide tract containing 8.646 acres. The City recently received a request from the CBBEP to dedicate a 15 foot wide Waterline Easement to them for construction of a 2 inch diameter potable water line to serve their Environmental Education Pavilion located at the Nueces Delta Preserve, just south of Odem, Texas. The CBBEP program staff provide educational field trips to school groups in grades K-12 from the Coastal Bend. The City is able to dedicate this Waterline Easement to them at no cost under the Texas Local Government Code, Section 272.001 (L) which allows the dedication of real estate rights to another political subdivision as long as it serves a public purpose of the City. Promoting tourism and education of our environment and/or environmental tourism is a City public purpose. The easement provides that the rights granted will revert back to the City if the property ever ceases to be used for purposes consistent with City public purposes, or if the easement is abandoned. ALTERNATIVES: Do not dedicate the easement to the political subdivision and instead charge the full market value. OTHER CONSIDERATIONS: The CBBEP needs this Waterline Easement to be able to construct their potable water line and supply their property with potable water. CONFORMITY TO CITY POLICY: The City is authorized under its home-rule authority to dedicate this easement, as well as under the grant of powers under Section 1, Article X of the Charter. This ordinance conforms to Section 1, Article IX of the Charter. This dedication to CBBEP is authorized by state law, and specifically under the Texas Local Government Code, Section 272.001 (I). EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Engineering and Water Departments FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital [x] Not applicable Project to Date Fiscal Year: 2011- Expenditures 2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: No expenditures are requested. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Council Exhibit Waterline Easement Ordinance File:\M ro'ect councilexh\exhmoryRHODESEASEMENT N PROJECT LOCATION kUECES RI4¢R Q� o F.41. 624 �i cr Q. y z g IAcN ON RD / Q LOCATION MAP / TRACT 3C +var TO saatE 000 8.646 ACRES CITY OF CORPUS CHRISTI z a` �o w / NIECES VICINITY MAP NOT TO SCALE WATERLINE EASEMENT CITr COUNCIL EXHIBIT TO C.B.B.E.P. CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES TRACT 3C - CITY OF CORPUS CHRISTI PAGE. 1 of t NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WATERLINE EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT, the CITY OF CORPUS CHRISTI, TEXAS, a Texas Home Rule municipal corporation ("GRANTOR"),of 1201 Leopard Street,Corpus Christi,Texas 78 40 1,in consideration of$1.00 (ONE DOLLAR), paid by the COASTAL BEND BAYS AND ESTUARIES PROGRAM, ("GRANTEE"), of 1305 N. Shoreline Blvd., Suite 205, Corpus Christi,Nueces County, Texas, 78401,the receipt of which is hereby acknowledged,has granted,sold,and does hereby grant,sell, and convey to Grantee, its successors and legal representatives, the free and uninterrupted use, liberty,privilege and easement of going in,under and along a certain tract of land situated in San Patricia County, Texas and being described as follows: See the metes and bounds property description attached and incorporated as "Exhibit A". (Premises) A map showing the location of the waterline easement is attached and incorporated as "Exhibit B". Together with the free ingress, egress and regress to and for the Grantee, its officers, employees, agents, representatives, contractors, for the purpose of constructing, laying, servicing, repairing, using,, inspecting,removing,operating, and maintaining ONE(1)WATER PIPELINE under the Premises described in Exhibit"A"attached hereto and adopted by this reference for all purposes. TO HAVE AND TO HOLD,all and singular,the rights and privileges aforesaid to GRANTEE for use as a WATERLINE EASEMENT THAT SERVICES THE COASTAL BEND BAYS AND ESTUARIES PROGRAM FACILITIES,FACILITIES THAT SERVE IN PART,TO PROMOTE TOURISM AND EDUCATION IN THE CORPUS CHRISTI BAY AREA, A CITY PUBLIC PURPOSE, for so long as used for such purpose, and if the use of said waterline easement is ever abandoned or not used as a waterline easement for the limited city public purpose expressed herein, then the aforesaid rights and privileges cease,and all rights and property automatically reverts back to the Grantor (without necessity of Grantor to take any actions to retake the property). Grantor is strictly prohibited from transferring the easement or any easement rights granted herein to any other party. Grantor is strictly prohibited from using the easement rights granted herein for any purpose other than the city public purpose stated herein. 1 GRANTOR CITY OF CORPUS CHMSTI, TEXAS 1201 Leopard Street Corpus Christi, Texas 78401 Ron L. Olson City Manager ATTEST: By: Armando Chapa, City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2013 by Ron L. Olson, as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS DAY OF 2013. FOR THE CITY ATTORNEY By: D "�"— OA� Veronica Ocanas Assistant City Attorney Accepted for the Coastal Bend Bays and Estuaries Program on 2013 BY: NAME: TITLE: } eC yAUq �b 1 re-JD Y' THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2013 by A as of the Coastal Bend Bays and Estuaries Program, on behalf of said ^ A ..* U9 Texas Comm,E 01125n tr JAEASEMENT1Waterline Esmt CBSEP 5-20-13.doc 3 � rb STATE OF TEXAS COUNTY OF NUECES Field Notes of a 0,052 acre tract of land being an easement out of a 8.646 acre tract of land as described in a deed recorded in Document No. 539670,Deed Records San Patricia County,Texas. Said 0.052 acres being more particularly described as follows: COMMENCING at the north corner of the said 8.646 acre tract,THENCE South 01 009'42"East, a distance of 212,48 feet to a metal fence post for an outside corner of the said 8.646 acre tract, and a north corner of the Coastal Bend Bay's&Estuaries Program,Inc.46.117 acre tract as described in a deed recorded in Document No. 518347,Deed Records San Patricio County,Texas,'THENCE with the common line of the said 8.646 acre tract and the 41.117 acre tract, South 44°36'20" West, 67.57 feet, South 45 040'44"West,90.65 feet, South 46°27'20"West 96.95 feet,South 47'25'15 West,93.55 feet,South 48°46'43"West, 188.79 feet, South 50°09'33" West,92.85 feet,South 51°03'00"West,95.41 feet,South 51°57'23" West,95.38 feet,South 52 157'23"West,98,94 feet, South 53 053134"West, 95.10 feet, South 54°56'26" West, 93.90 feet,South 55°46'58" West, 91.55 feet, South 53°15'56" West,440.88 feet to the southeast corner of this easement and the POINT OT'BEGINNING, THENCE continuing with the southeast line of the said 8.646 acre tract, South 53°15156" West, a distance of 15.00 feet to a point for the southwest corner of this easement. THENCE North 3644'04" West, a distance of 150.00 feet to a point in the northwest line of the said 8.646 acre tract,and for the northwest corner of this easement. THENCE North 53 115'56" East, a distance of 15.00 feet to a point in.the northwest line of the said 8.646'acre tract,and for the northeast corner of this easement THENCE South 36 044'04" East, a distance of 150.00 feet to a point in the southeast line of the said 8.646 acre tract, and to the POINT OF BEGINNING of this easement,and containing 0.052 acres of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83 (93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. I,Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day A. il 23,2013 and is correct to the best of my knowledge and belief. OYI Ronald E.Brister,RPLS No. 5407 Date: April 25,2013, IaOF 3 RON 4 FASTER. 5407 !,sowR- { SUM Job 13407 Exhibit "A" t n 1 SURVEY OF A 0.052 ACRE TRACT OF LAND BEING AN EASEMENT OUT OF A 8.646 ACRE I TRACT OF LAND AS DESCRIBED IN A DEED RECORDED IN DOCUMENT NO, 5396-70,DEI; EXA S. COASTAL BEND BAYS&EIMARMS PROORAM,INC. TRAM-15.797 ACRES S.P.C.C.F_N0.5183M17 N53°15'56"E 15.00' (MEAS) - SCALE 1"a 25' o � CITY OF CORPUS CHRISTI A/0 CITY OF CORPUS CllRISTI EXHTMIT"r'-TRACT 3C-8.646 ACRES / EXHIBIT"I,'-TRACT3C'8.646ACRI?S S.P.C.C.P.NO.539670 '/. S.P.C.C.F.NO.539610 $/S NORtil CORNP.R OP TNR SMI)8676 ACRE WAG(.BRARSNORTN!!'IYW PAST.Wil PREP,NtlRTH,SS'46y6'MAST,91.55,NORTI I 34'SF26'BAST,9}.90 TE[SY,NOR'111 S!'S5`S4• P,A37�9S;lO fBR'F,NOR77[12`377]'HAS'f BGl",14 fEBTy.NORTII SI'S}'23'EAbT,9S38 F ; NOliTlf 51'05100•TA4i,9S it FE13f�NORtII llll",'PAST,92RS FEBi NORT1146'd6'41' FAST.168.19 FF.E{,NOAY�i 90'2575"FAST, € 93.55 TIE9T,NORi1146'2TW PAST 56.95 FL•ST, 1iORT1[d5'4tYM'.kMr 90.6S fftT NOR M 44'762W EAST,67.57 FUT,NOFLT14 01'09'41' P.U.B. 1YOST.A 01STNM'C6OF212.49 I=. OWN S53415'56"W 15.00' (MBAS) f 'k COASTAL BEND BAYS-I&ESTUARIES PROORAM,INC. TRACT 9-46.117 ACRES SAC.C.F.NO.518347 .PROTDRTYVORNER O.FBYCB PD$T ON COEUtBR . Brister Surveying 1.)TOTAL SURVEYEDARRA IS gO52ACR63. 4659 Ever6azt Suilc 100 2 J A4EA5UIiBD BEARINGS AR13 BASED ON GLOBAL 4659 E Ca[Lt4,Trxnt 75411 POSH= 101=006YSTB67 NAP 83(93)4205 DATUM. Of[36k33918W 3.)A METES AN13 BOUNDS DBSCR1FilON OF Fa+361.SM-101 EUUALDAW-ACM iPANIBSTIIISSURVBY. 0[iu[[sunv)srg�wrpu�luxb:.ttlm �flFj T797S SURVEY DOES NOT B4CLUDDTHB RFSSARC".INVP.5TIOAIION.OR LOCATIONS OP gt gtl R¢a•,[1t All.$ERYUI)DFS,I'AS'LAtENTB.RIGk ru%YAYS, *; :'h OR unLMU ON TIUS PROPBRTY. RET p. f��S ( 1,RONALD&BRESTER DO HEREBY CERTIFY $407 T HATT IIISSU RVBYOPTILBAROPBR771.L•OALLY t*�r DESCAIRPb116RB IN WAS MADE OXWEGROUNO �'¢`�...... WISDAYAPRIL�•2."'ANDISOORRECI'TOTHE �SIJRJ BFSTOPASYBWRANDBRUff, SVRYEY 1LllF1 APRIL25,2013 JOB NO.13407 RONALDILDRISTER R.P.LS.MAW Exhibit "B" Page 1 of 2 Ordinance authorizing the City Manager or designee to execute a Waterline Easement to dedicate and grant to the Coastal Bend Bays and Estuaries Program (CBBEP) a fifteen (15) foot wide easement across a 8.646-acre City-owned tract of land to construct a potable waterline across city property for purposes of supplying potable water to the CBBEP's education facility, located on CBBEP-owned land. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute a Waterline Easement dedicating and granting to the Coastal Bend Bays and Estuaries Program (CBBEP)(a 501(c)3 non-profit and Texas not-for-profit organization and political subdivision of the State of Texas) a fifteen foot wide easement across a 8.646-acre tract of City-owned land to allow the CBBEP to construct and operate a potable water line to the Nueces Delta Preserve, for purposes of providing potable water to the CBBEP's new education facility located approximately 3 miles southwest of Odem, Texas, for the city public purpose, benefit and interest in promoting environmental tourism and nature education programs in the area. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary 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 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED on this the day of 12013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor .4@US Ga 0 H AGENDA MEMORANDUM NoP© p,EO First Reading for the City Council Meeting of July 9, 2013 1852 Second Reading for the City Council Meeting of July 16, 2013 DATE: June 20, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826-3729 Constance P. Sanchez, Director of Finance constance cctexas.com, (361) 826-3227 Ordinances Appropriating Fund Proceeds CAPTION: Ordinance appropriating $15,697.59 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $15,697.59; appropriating $131,046.95 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $131,046.95; appropriating $87,780.05 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $87,780.05; appropriating $17,720.72 in SPECIALTY BOND PROCEED interest earnings, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, Energy Efficiency Bonds and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $17,720.72; and appropriating $100,666.05 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for partial payment of the Billings Clem Marina construction improvements as approved by City Council on May 28, 2013 and repayment of approved assessment projects; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $100,666.05. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued through April 30, 2013 in the City's Capital Improvement Program Funds. BACKGROUND AND FINDINGS: These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, and reimbursements. (See Attachment A). This is a routine practice to efficiently manage City finances. This item will provide additional funds which can be used for approved projects and debt service payments. This also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. ALTERNATIVES: 1. Appropriate the funds as recommended. 2. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 12-13 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget 0 Encumbered / Expended Amount This item 352,911.36 352,911.36 BALANCE 352,911.36 352,911.36 Fund (s): This item will appropriate $352,911.36 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance Ordinance appropriating $15,697.59 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $15,697.59; appropriating $131,046.95 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $131,046.95; appropriating $87,780.05 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $87,780.05; appropriating $17,720.72 in SPECIALTY BOND PROCEED interest earnings, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, Energy Efficiency Bonds and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $17,720.72; and appropriating $100,666.05 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for partial payment of the Billings Clem Marina construction improvements as approved by City Council on May 28, 2013 and repayment of approved assessment projects; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $100,666.05. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $15,697.59 in Airport Capital Improvement Plan (CIP) interest earnings is appropriated in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects. Section 2. An amount of $131,046.95 in Bond Proceed interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets is appropriated in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service Section 3. An amount of $87,780.05 in Utility Revenue Bond interest earnings is appropriated in the funds as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program. Section 4. An amount of $17,720.72 in Specialty Bond Proceed interest earnings, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, Energy Efficiency Bonds and Generic Capital Improvement Funds is appropriated in the funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board. Section 5. An amount of $100,666.05 in Street Assessments is appropriated in the funds as listed in Attachment 1, Section 5 for partial payment of the Billings Clem Marina construction improvements as approved by City Council on May 28, 2013 and repayment of approved assessment projects. Section 6. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase expenditures by $352,911.36. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor ATTACHMENT ONE SECTION 1 : AIRPORT Fund # Fund Name Amount 3020A Airport CIP Fund (Capital Reserves) 112.68 3020B Airport CIP Fund (Other) 667.62 3024 Airport 2000A CIP Fund (Rev) 772.54 3026 Airport 2012 CO CIP Fd 2,900.20 4631 Airport CFC 2010 CO CIP fund 11,244.55 AIRPORT TOTAL 15,697.59 SECTION 2 : BOND PROCEEDS Fund # Fund Name Amount 3126 Bayfront Dev 09 GO CIP (Bnd08) 15,238.39 3191 Fire Impry 09 GO CIP Fd(Bnd08) 6,574.21 3341 Police Imp 09 GO CIP Fd(Bnd08) 56.30 3359 Public H & S 2004 CIP Fund (CO) 31.91 3362 Sanitary Landfill 2006 CIP FD 676.58 3365 Sanitary Landfill 2008 CIP(CO) 2,485.68 PUBLIC H&S TOTAL 9,824.68 3226 Library 09 GO CIP Fd (Bond 08) 622.46 3182 Convention Center 2010 CIP Fund (CO) 229.52 3289 Park & Rec 2005 CIP Fund (GO) 151.49 3290 Park & Rec 08 TN CIP Fund (NT) 46.51 3291 Park&Rec 09 GO CIP Fd (Bond08) 247.24 3292 Parks & Rec 2010 GO (Bond 08) 10,676.83 PARK TOTAL 11,122.07 3541 Street 2005 CIP Fund (GO) 4,553.41 3544 Street 2007A CIP Fund (GO) 4,717.33 3546 Street 09 GO CIP Fd (Bond 08) 25,078.78 3548 Street 2012 GO CIP Fd Bond 08 59,660.31 STREET TOTAL 94,009.83 BONDS PROCEEDS TOTAL 131,046.95 SECTION 3 : REVENUE BONDS Amount 3493 Storm Water 2012 CIP Fd (RvBd) 11,605.49 3494 Storm Water 2012A CIP Fd RvBd 1,854.86 3495 Storm Water 2012B CIP Rev Bds 1,751.94 3496 Storm Water 2012A CIP (Bd 2012 1,626.94 4528 StormW 2010A CIP REV tax-exmpt 144.47 4529 Storm Wtr 2010B REV Txbl BAB 1,446.08 4540 Storm Water Capital Reserves 67.06 STORM WATER TOTAL 18,496.84 4551 Gas 09 CIP Fund-(rev bd-08GO) 304.43 4555 Gas 2012B CIP Fd (Rev Bds) 533.65 GAS TOTAL 838.08 4080 Water CIP Fund 331.89 4087 Water 2010 TWDB-WIF Loan (Rev) 2,253.29 4088 Water 2012 CIP Fd (RvBd) 26,398.76 4089 Water 2012A Cl P Fd (RvBd) 1,627.18 4091 Water 2012B CIP Fund (Rev Bds) 2,463.95 4092 Water 2012A Cl P (Bd 2012) 528.28 4476 Water 09 CIP Fd (rev bd-08GO) 206.12 4478 Water 2010A Cl P REV tax-exmpt 2,120.44 4479 Water 2010B REV Txbl BAB 3,829.05 WATER TOTAL 39,758.96 4247 Wastewater 2012 Cl P Fd (RvBd) 6,145.83 4248 Wastewater 2012A CIP Fd (RvBd) 2,303.39 4249 Wastewater 2012B CIP (Rev Bds) 6,847.83 4251 Wastewater 2012A CIP (Bd 2012) 3,049.43 4501 Wastewater 2009 Cl P Fd-(rev bd-08GO) 149.82 4504 Wastewater 2010B REV Txbl BAB 1,603.60 4510 Wastewater Capital Reserves 8,586.27 WASTEWATER TOTAL 28,686.17 REVENUE BONDS TOTAL 87,780.05 SECTION 4 : SPECIALTY BONDS &OTHER CIP Amount 3489 Storm Water 2007A-1 (TMPC CO) 1,276.08 4246 Wastewater 2007A-1 (TMPC CO) 116.18 3542 Street 2007A-1 CIP (TMPC GO) 925.12 3543 Street 2007A-1 CIP (TMPC CO) 2,683.37 TMPC TOTAL 5,000.75 3270 Seawall CIP Fund (2002 Sales Tax Rev.Bds) 502.71 3271 Seawall System CIP Fund 852.50 SALES TAX BOND TOTAL 1,355.21 3161 Energy Effncy CIP 2012 PPFCO 9,674.25 3278 Packery Channel Projects TIF#2 896.27 3530 Street CIP Fund 794.24 SPECIALTY BONDS & OTHER CIP 17,720.72 SECTION 5 : OTHER UNAPPROPRIATED FUNDS Amount 3530 Street CIP Fund 100,666.05 Street Assessments TOTAL AGENDA ITEM APPROPRIATION: $ 352,911.36 0 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of July 9, 2013 852 Second Reading Ordinance for the City Council Meeting of July 16, 2013 DATE: 5/28/13 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services MarkVV @cctexas.com (361) 826-3246 Approval of agreement and appropriating ordinance to reimburse 5961 HWY 44, LLC for the construction of a collection line CAPTION: Ordinance authorizing execution of a sanitary sewer collection line extension construction and reimbursement agreement ("Agreement") with 5961 HWY 44, LLC ("Developer'), for the construction of a sanitary sewer collection line and appropriating $18,710.61 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: 5961 HWY 44, LLC will install 500 linear feet of 8-inch sanitary sewer collection line extension to provide adequate wastewater to a proposed body shop development. BACKGROUND AND FINDINGS: Per Section 8.5.2.E Credits and Reimbursements of the Unified Development Code ("UDC"), 5961 HWY 44, LLC, is requesting a Reimbursement Agreement for the development of Lot 3 & 4, Block 13, Airport Industrial Subdivision Block, as shown on the final plat. The subdivision is located along the south side of State Highway 44; east corner of Heinsohn Road and west of North Padre Island Drive (SH 358). The development requires the extension of 500 linear feet of 8-inch sanitary sewer collection line in order to provide adequate wastewater to the property. The subject property will be served by a proposed 8-inch PVC wastewater line which will connect to a new sanitary sewer manhole. A layout of existing and proposed improvements is included as Exhibit C. ALTERNATIVES: Denial of the Reimbursement Agreement OTHER CONSIDERATIONS: Per Section 8.5.2.E.2.e defer reimbursement for project CONFORMITY TO CITY POLICY: The developer will be extending wastewater to serve the proposed development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Sanitary Sewer Collection Line Trust Fund Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $333,969.71 Encumbered / Expended Amount $255,401.92 This item $18,710.61 BALANCE $59,857.18 Fund(s): Comments: Encumbered amount does not reflect proposed appropriation request by Mr. Thomas Davis of Saxet Industrial, Block 1, Lot 2. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Location Map Exhibit B: Final Plat Exhibit C: Proposed Improvements Layout Exhibit D: Application for Wastewater Line Credit Exhibit E: Application for Wastewater Collection Line Reimbursement Exhibit F: Disclosure of Interest Exhibit G: Sanitary Sewer Collection Line Construction Distribution Main Extension and Reimbursement Agreement an Hwo��3N ¢V v a 9s ��§�°a�� oGe 3> G¢$ a❑ Qe n n IIJJ _ s4 115m all Il lul lulu O � � ipo m�<gy�zc p po �p �� ,o>_ w� w rcW�' 1� � �z5 -`& -'za �4 °°s oQ� ~." WN uP a 'a Fog d pp � a r nn� u W MOD i Ali o,== �mo =o v o uat o 5 H iS Ng R j u V °oz r o3 Ld ,'tea= _ - p 3n�s uoserx - Z Ww:wuw ° NO— IL z °„ ti ax I of U m C � W OR z \ �___ _ _ _ S 1'24'02"E_04_2.35' ——_——————--—————— V 3-5•—————— ——— N = 900.oo 7T. 3 i0 52W Ul J I N n m N � 1 z SN1°26'33"W 780.9P -Ti— F m a 1 4 - Z--� v ca x � o r N � O _ 2 M — Z o eV v a 9s =oo Qe ling oGe 3> G¢$ a❑ ln- I�f� Cj p6pa$� °u�za- wG=� n n IIJJ _ s4 Ed ms ! Il lul lulu O � � ipo m�<gy�zc po 11 m 0° .� 0 p X oil nn� u W aoo °a al a H o= =m p i a p Rol . d=noun Havaly m� e i° boo 0 BUY so sn c� 5 a Hip 1 � m =o v o G �°o Gf �p�p�p-- QO - NoN °u< ° a u , z �p= z¢w aG €�.w wag - - - � �{ & 'Clow\\ \ ! ! �{¢ - � § }S - � - _ - _ . �, , z _ < ------------° ------a©--:--------:---- -- : . \ — ------�v---- ---- ^ - - � „ .. .. „ - - - _ -- \ \\ ( can , APPLICATION FOR WASTE WATER CREDIT We, �9�l l{�Vt, 44. YJ/� 5�6l }f*�. 44' Christi, TJ� 78406 owners and of '� - ' LL C, ~ ' ' pru�pnsoH�-AIRPORT DN )OSTH1A~ SUBDIVISION, BLOCK l3,LOTS ] & 4`' hereby apply for or $6., 36. cn:dittovonjothe waste natoraomenge fee fnrUzc collection line Extension|nconjunction \��/��(�[t�Mndinamc�7�o l78g] is the construction vvkhmuidsubdivision m�pc0v . ^ -_==�===~_ '~-- --' -� - '� mh8wvu�wtbccoe supporting documents aU�n�c� cost,including l}q6 Engineering and Surveying,as _� / ` " herewith. 8y: Tide: Date: THE STATE{}FTEXAS � COUNTY OFNUECE8 § This instrument was acknowledged before me on /j-, 2013, by 5 1 HW �exas Limited Liability Company, on behalf of the said company. KATRINA MARIE WILLIAMS t ry Public i n for the State of exas IS Notary Public,State of Texas my commission Expires y 08, 2014 . - / , ' � � | � \ � Exhibit� U� \ --- _ APPLICATION FOR WASTEWATER REIIVIBURSEMENT Vile, 5961 HWY 44, LLC, 5961 Hwy. 44, Corpus Christi, TX 78406, owners and developers of proposed AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOTS 3 & 4, hereby request reimbursement of$1$,710.61 for the installation of the waste wafter collection line in conjunction with said lot, as provided for by City Ordinance No. 17092. $40,487.25 is the construction cost, including 11% Engineering and Surveying, as shown by the cost supporting documents attached herewith. By. Title: fit A Date: 111-141, Z�t3 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on / / _-,2013, by Name), I` , ;: - —(Title , of 5961 HWY 44, LLC, a Texas Limited Liability Company, on half of th said camp Y. pnran K X INA MARIE St of Notary Public,Stag of Texas ary Pub1iC nd far NueCeS urity,Texas 5r My Commission EOlres auly 0a, 2014 ' CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of fiends in the Collection Lane Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit E City of Carpus Christi.Texas Department of Development Services City of P.O.Box 9277 Corpus Christi�Texas 78469-9277 (361)826-3240 C91PUs Located at: 2406 Leopard Street 1� (Comer of Leopard St.and Port Ave.) Christi DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NK. NAME: 5961 Hwy 44, LLC STREET: 5961 Hwy 44 CITY: Corpus Christi zip: 78406 FIRM is: n Corporation E]Partnership [:]Sole Owner E]Association FC10ther Limited Liability DISCLOSURE QUESTIONS Company If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) None N/A None N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Title None NA None NIA 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 None N/A None NA 4. State the names of each employee or officer of a "consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting 3%or more of the ownership in the above named "firm". Name Consultant None N/A None N/A CERTIFICATE 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 that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: , 11 t rI Title: Member (Print) Signature of Certifying Person: Date: Px ZGIw5 K-WEVEWPMZWSVCS\SHARW)V.AND DEVELoPmEunORD01eCIE AIDNIINIST&ATIOMAPPLICATION FORMSWORW AS PER LEGAU20i2\DISCLOSM OF 04TERpSTS STATEWNTI.27.12.DOC Exhibit F Page 1 of 2 ' ` DEFINITIONS o. "Board Member". A member of any board, commission mcommittee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the Qh/ of Corpus Chhn§. Texas, either on a 8mU or part time basis, but not mnmn independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and vvbethor established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole propnanomn/p, as self-employed penson, pomnnman/p. corporation, ]o/mr stock company, joint wontmme, receivership o/trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The K4oyor, members of the City Couno||, Qh/ Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership |nh*rexC'. Legal or equitable interest, whether actually or constructively he|d, in e firm, when such interest in held through an agent, t/unf, 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 erobitecte. hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Kxpvcw,u^mTSrcn,mucoc^moosysu,,mcw/�()uom^xrs^nu/wm,n^nvww,n/c^nvxmxwS'FxnmS AS PER cav^zn"'mnnCLomx^or/m,,nmn Sr^rwswnzn2DOC SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This sanitary sewer collection Pine extension construction and reimbursement agreement ("Agreement") is entered into between the City of Corpus Christi ("City") a Texas home-rule municipality, and 5961 HWY 44, LLC ("Developer/Owner"), a Texas limited liability company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on April 10, 2013, to develop a tract of land, to wit: approximately 3.969 acres known as Lots 3 and 4, Block 13, Airport Industrial Subdivision, located on the south side of State Highway 44, southeast corner of Heinsohn Road, and west of North Padre Island Drive, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Sanitary Sewer collection line extension ("Sanitary Sewer Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of the Sanitary Sewer Extension; WHEREAS, it is to the best interest of the City that the Sanitary Sewer Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Sanitary Sewer Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Sanitary Sewer Collection Line Trust Fund for installing the Sanitary Sewer Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Sanitary Sewer Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Sanitary Sewer Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install 500 linear feet of 8-inch PVC pipe; 2. Install one (1)4-foot diameter manhole; 3. Install one (1) lump sum pavement patching; 4. Install 500 linear feet trench safety for excavations and; 5. Install one (1) lump sum traffic control during construction. b. The Sanitary Sewer Extension must begin at the northeast corner of Lot 3, Block 13, Airport Industrial Subdivision and extend east along the south side of State Highway 44 approximately 500 feet to the existing sanitary sewer line at the northwest corner of Lot 2, Block 13, Airport Industrial Subdivision. c. The plans and specifications must comply with the City's Sanitary Sewer Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Sanitary Sewer Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Sanitary Sewer Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC for the area of the Sanitary Sewer Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Sanitary Sewer Extension, under the approved plans and specifications, by July 9, 2014. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. Sanitary Sewer Coll Line Ext Constr Reimb Agmt 5961 HWY 44 LLC vFinal Page 2 of 8 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default. a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Sanitary Sewer Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Sanitary Sewer Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Sanitary Sewer Extension, under the approved plans and specifications, on or before July 9, 2014. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non- defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Sanitary Sewer Coll line Ext Constr Reimb Agmt 5961 HWY 44 LLC vFinal Page 3 of 8 Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its remedies at law or in equity for such default, and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Sanitary Sewer Coll Line Ext Constr Reimb Agmt 5961 HWY 44 LLC vFinal Page 4 of 8 11. NOTICES, a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner.- 5961 HWY 44, LLC Attn: John Durham 1514 Glenoak Drive Corpus Christi, Texas 78418 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address or addressee for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Sanitary Sewer Extension, contracts for testing services, and contracts with the contractor for the construction of the Sanitary Sewer Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond and also execute a payment bond if the contract is in excess of$25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. Sanitary Sewer Coll Line Ext Constr Reimb Agmt 5961 HWY 44 LLC vFinal Page 5 of 8 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Sanitary Sewer Extension and the construction of the Sanitary Sewer Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Sanitary Sewer Collection Line Trust Fund and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the Sanitary Sewer Extension up to an amount not to exceed $18,710.61 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City.. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS !OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH', ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE SANITARY SEWER EXTENSION. Sanitary Sewer Col@ Line Ext Constr Reimb Agmt 5961 HWY 44 LLC vFinal Page 6 of 8 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land to wit: approximately 3.959 acres known as Lots 3 and 4, Block 13, Airport Industrial Subdivision, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Deve lope r/Owner`s successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 171'10, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5, the contents of which, as a completed form, are incorporated into this Agreement by reference as if fully set out in this Agreement. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals this day of , 20 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Wes Pierson City Secretary Assistant City Manager, designee of the City Manager APPROVED AS TO FORM: , 2013 Elizabeth Hundley Assistant City Attorney for the City Attorney Sanitary Sewer Call Line Ext Constr Reimb Agmt 5961 HWY 44 LLC vFinal Page 7 of 8 5961 HWY 44, LLC 446hn Durham President STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on a 2013, by John Durham, President, 5961 HWY 44, LLC, a Texas limited liability company, on behalf of said company. Notary Public's Signature r`{CRY PL*. Ut ENA x t NOTARY PU13LIC *"Y+ SWO of Texas Exp.12.02-2015 Sanitary sewer Coll Line Ext Constr Reimb Agmt 5961 HWY 44 LLC vFlnal Page 8 of 8 All 11 g IV is EAR j as 1 -IM P2 IN 5Q, =Z� 0 Ll it E3 rn g T i R -F 9 E6 m D V 13 CL E� LU tq hv Wb -26-3 LV Z6 78 111: in y APPLICATION FOR'WASTE WATER REIMBURSEMENT We, 5961 HWY 44, LLC, 5961 Hwy. 44, Corpus Christi, TX 78406, owners and developers of proposed AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13, LOTS 3 & 4, Hereby request reimbursement of$1818 7__, 10.61 for the installation of the waste water collection line in conjunction with said lot, as provided for by City Ordinance No. 17092. $40,487.25 is the construction cost, including 11% Engineering and Surveying, as shown by the cost supporting documents attached herewith. By: Title: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2013, by j Name l/ (Titl of 5961 HWY 44, LLC,a Texas Limited Liability Company, on alfro a said com any. ,RTPV; KATRINA MARIE WILLIAMS Notary Public.State of Texas ry Public n nd for Nucces ounty, Texas g nny Commission Expires CERTIFICATION The information submitted with this application for rei,nbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b)Appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WASTE WATER CREDIT We, 5961 HWY 44, LLC, 5961 Hwy. 44, Corpus Christi, TX 78406, owners and developers of proposed AIRPORT INDUSTRIAL SUBDIVISION, BLOCK 13,LOTS 3 & 4, hereby apply for $6.236.87 credit towards the waste water acreage fee for the collection line Extension in conjunction with said subdivision as provided for by City Ordinance No. 17092. $40,487.25 is the construction cost, including 11%Engineering and Surveying,as shown by the cost supporting documents attached herewith. By: Title: ff 13 'rt� Date: f�Ilrr /`/ 13 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on � r /` 2013, by (Name), ` { (Title), of 5961 HWY 44, LLC, a Texas Limited Liability Company, on be al f the said company. tas9ae ,awR9g� r. KATRINA MARIE WILLIAMS o ry Public d for the State o exas, s _ Notary Public, State of Texas My Commission Expires July 08, 2014 eeili4i655 Exhibit 2 page 2 of 2 (ioil! 6y` SF AIM MW 1 ON! 11 1 p 0 19 5F o ca mw pw bill On fl 41 EWA > pylla, AMIN, Mhu! IOWAL 41 iu! PIP am —————————— -------- a g33 41112013 SS1 rST.XLS AIRPORT INDUSTRIAL SUBDIVISION BLOCK 13, LOTS 3 &4 OFFSITE WASTE WATER REIMBURSEMENT ITEM QTY. UNIT UNIT PRICE AMOUNT ITEM NO. $43.00 $21.500.00 1 81°PVC PIPE 51 LF 1 EA $6,350.00 $$,350.06 2 4'01A,MANHOLE 1 LS $7,500.00 $7,500.00 3 PAVEMENT PATCHING 500 LP $1.00 $500.00 4 TRENCH SAFETY FOR EXCAVATIONS LS $625,00 $625.00 5 TRAFFIC CONTROL DURING CONSTRUCTION � $36,475.00 SUBTOTAL Engineering and Surveying 11% $4,012.25 SUBTOTAL $40,487.25 Less Fee Value of Property* -$6,236.87 TOTAL $34,250.38 *FEE VALUE=$6,236.87(from City) MAXIMUM AMOUNT REIMBURSEABLE AMOUNT ITEM $24,947.48 0.5 x 6,236.87 x 8= 50%x FEE VALUE OF PROP K AVERAGE PIPE DIAM. Less Fee Value Of Property* -j6 23.81 $18,710.61 Exhibit 4 City or Corpus Christi,Texas Department ofDeveloptuent Services " r 1 Q P.O.Box as 7 Corpus�4risti,Texas 78469-42.7'1 (361)$26.3240 'Corpus Located at: 2406 Leopard street Ch (Corner orLeopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: 5961 Hwy 44, LLC STREET: 5961 Hwy 44 CITY: Corpus Christi ZIP: 78406 FIRM is: []Corporation ❑Partnership ❑Sole Owner ©Association 0 Other Limited Liability DISCLOSURE QUESTIONS Company If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) None N/A None N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership Interest" constituting 3%or more of the ownership in the above named "firm". Name Title None N/A None N A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%s or more of the ownership in the above named "firm". Name Board,. Commission, or Committee None N/A None N/A 4. State the names of each employee or officer of a "consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named "firm". Name Consultant None N/A None N/A CERTIFICATE 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 that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: ra�,�I )r',t _ �/ Title: Member (Print) Signature of Certifying Person: Date: K WEVELOPMEMVMHAREMAND DEVELOPMENftRIHNANCE ADWNIS MT10MAPPLICAVON]FORWFOMS,AS PER LEGALVO12NDISCLOSURE OF WERESTS STATE WI I27.12.DOC Exhibit 6 Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements.. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K\Df-,VF,LOPNfENTSVCS SHARM LAND DEVELONNIENTORDINANCE A DMINTSl RATIONAPPLICATION PORMSfORNIS AS PER LEGAL,.2612 DISCLOSURE OF INTERESTS STATEMENTL27.I2.DOC Exhibit 5 Page 2 of 2 Ordinance authorizing execution of a sanitary sewer collection line construction and reimbursement agreement ("Agreement") with 5961 HWY 44, LLC ("Developer"), for the construction of a sanitary sewer collection line and appropriating $18,710.61 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a sanitary sewer collection line construction and reimbursement agreement ("Agreement") with 5961 HWY 44, LLC ("Developer"), for the extension of an 8-inch sanitary sewer collection line, including all related appurtenances, for the development of Lots 3 and 4, Block 13, Airport Industrial Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $18,710.61 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer for the construction of the sanitary sewer collection line improvements in accordance with the Agreement. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2013 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor [3oc* 201OO15320 f}ages 17 05/19/7010 9:23AM official Records of NUECES COUNTY SANITARY SEWER COLLECTION LINE EXTEI�A iT _00YRUCTIONAND REIMBURSEMENT AGROEUEfff•c0 THE STATE OF TEXAS § COUNTY OF NUECES § This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement("AGREEMENT") is entered into between the City of Corpus Christi ("CITY"), a Texas Home-Rule Municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and N.M. Edificios, LLC, ("DEVELOPER"), 3900 North McColl Road, McAllen, Texas, 78501. WHEREAS, DEVELOPER in compliance with the CITY Platting Ordinance, has filed a plat, approved by the Planning Commission on November 11, 2009, to develop a tract of land of approximately 32.41 acres called L & F Subdivision Lot 1, located on State Highway 44, west of Bockholt Road and east of Clarkwood Road, as shown in Exhibit 1, attached; WHEREAS, under the Platting Ordinance, the DEVELOPER is responsible for construction of Sanitary Sewer Collection Line Extension ("Collection Line Extension"); WHEREAS, under the Platting Ordinance, the DEVELOPER is eligible for reimbursement of the DEVELOPER's costs for the construction of Collection Line Extension; WHEREAS, it is to the best interest of the CITY that Collection Line Extension, be constructed to its ultimate capacity under the Master Plan; WHEREAS, Resolution No. 026889 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by the City Council, from the Collection Line Trust Fund as per the Platting Ordinance, Section V.8.6.%2)(ii)(4)(a); and WHEREAS, DEVELOPER has submitted an application for reimbursement of the costs of installing the Collection Line Extension, see Exhibit 2, attached; NOW,THEREFORE, for and in consideration of the mutual covenants in this AGREEMENT, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The DEVELOPER shall construct the Collection Line Extension, in compliance with the CITY's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2410-150 M2010-111 05/18/10 N. M. Edificios,LLC INDEX D Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page 2 of S 2. PLANS AND SPECIFICATIONS a. The DEVELOPER shall contract with a professional engineer, acceptable to the CITY's Development Services Engineer, to prepare plans and specifications for the Collection Line Extension, as shown in Exhibit 3, attached, with the following basic design: 1. Install 1242 linear feet of 10-inch PVC sanitary sewer collection line; 2. Install five 5-foot diameter fiberglass manholes; 3. Safety Trenching; 4. Rehab of one existing manhole with fiberglass liner; 5. One 10 inch waste water plug; 6. Approximately 1242 linear feet of dewatering; 7. One 5 ft. fiberglass manhole—extra depth; b. The Collection Line Extension must begin at the east property line of L&F Subdivision Lot 1 and extend west approximately 1242 feet to an existing manhole located on the west side of Clarkwood Road. From the existing manhole,the Collection Line Extension extends east along the future easement approximately 1242 linear feet and terminates at the east property line of L&F Subdivision, Lot 1. c. The plans and specifications must comply with CITY Standard Wastewater Detail Sheets and Standard Specifications. d. Before the DEVELOPER starts construction the plans and specification must be approved by the CITY's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the Collection Line Extension, DEVELOPER shall acquire and dedicate to the CITY the required additional utility easements ("Easements"), if necessary for the completion of the Collection Line Extension. If any of the property needed for the Easements is owned by a third party and DEVELOPER is unable to acquire the Easements through reasonable efforts, then the CITY will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES DEVELOPER shall pay to the CITY of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance for the area of the Collection Line Extension. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Sanitary Sewer Collecti on Line Extension Construction and Reimbursement Agreement Page 3of8 DEVELOPER shall award a contract and complete the Collection Line Extension, under the approved plans and specifications, by June 30, 2019. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this AGREEMENT. If this AGREEMENT calls for review or inspections by the CITY, then the CITY's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. DEVELOPER fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. DEVELOPER's professional engineer fails to submit the plans and specifications to the CITY's Director of Engineering Services by the 60th calendar day after the date of approval by City Council. c. DEVELOPER fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. d. DEVELOPER's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. DEVELOPER's contractor fails to complete construction of the project, under the approved plans and specifications, on or before June 30, 2011. f. Either the CITY or DEVELOPER otherwise fails to comply with its duties and obligations under this AGREEMENT. 9, NOTICE AND CURE a. In the event of a default by either party under this AGREEMENT, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period")to cure the default. sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page 4 of 8 c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should DEVELOPER fail to perform any obligation or duty of this AGREEMENT, the CITY shall give notice to DEVELOPER, at the address stated herein, of the need to perform the obligation or duty, and should DEVELOPER fall to perform the required obligation or duty within 15 days of receipt of the notice, time CITY may perform the obligation or duty, charging the cost of such performance to DEVELOPER by reducing the reimbursement amount due DEVELOPER. e. in the event of an uncured default by the DEVELOPER, after the appropriate notice and cure period, the CITY has all its common law remedies and the CITY may: 1. Terminate this AGREEMENT after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the DEVELOPER under this AGREEMENT and charge the cost of such performance to DEVELOPER. DEVELOPER shall pay to CITY the reasonable and necessary cost of the performance within 30 days from the date DEVELOPER receives notice of the cost of performance. In the event that DEVELOPER pays the CITY under the preceding sentence, and is not otherwise in default under this AGREEMENT, then the AGREEMENT shall be considered in effect and no longer in default. f. In the event of an uncured default by the CITY after the appropriate notice and cure period, the DEVELOPER has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this AGREEMENT means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this AGREEMENT, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (1 0) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent effected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page 5 of 8 11. NOTICES a.Any notice or other communication required or permitted to be given under this AGREEMENT must be given to the other Party in writing at the following address: 1. If to the DEVELOPER: N.M. Edificios, LLC 3904 North McColl Road McAllen, Texas, 78501 2. If to the CITY: CITY of Corpus Christi 1201 Leopard Street (78401) P. 0. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by this paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change address for notices by giving notice of the change under the provisions of this section. 12. THIRD-PARTY-BENEFICIARY DEVELOPER's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the CITY is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS DEVELOPER shall require its contractor for the construction of the project, before beginning the work, to execute with DEVELOPER and the CITY a performance bond if the contract is in excess of$140,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253. 14. WARRANTY DEVELOPER shall fully warranty the workmanship of and function of the Sanitary Sewer Collection Line and the construction of the Sanitary Sewer Collection Line for a period of one year from and after the date of acceptance of the facilities by the CITY Engineer. Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page 6 of 8 15. REIMBURSEMENT a. Subject to the appropriation of funds, the CITY will reimburse the DEVELOPER 100% of the reasonable cost of the Collection Line Extension, not to exceed $191,507.92. See attached cost estimate (Exhibit 4). b. The CITY agrees to reimburse the DEVELOPER on a monthly basis upon invoicing for work performed, The reimbursement will be made no later than 30-days from the date of the invoice. DEVELOPER shall submit all required performance bonds and proof of required insurance under the provisions of this AGREEMENT. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, and must have been inspected and accepted by the CITY. The CITY agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this AGREEMENT is terminated by the CITY, as a result of an uncured default by the DEVELOPER, at a time when there has been a partial completion and partial payment for the improvements, then the CITY shall only reimburse DEVELOPER for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the CITY up to the time that there is an uncured default by the DEVELOPER. 16. INDEMNIFICATION DEVELOPER shall indemnify and hold harmless the CITY, its agents, officers, and employees ("Indemnitees")from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to the construction of the Sanitary Sewer Collection Line Extension by DEVELOPER. 17. COVENANT RUNNING WITH THE LAND This AGREEMENT is a covenant running with the land, L& F Subdivision Lot 1 , a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the AGREEMENT are binding on and inure to the benefit of the DEVELOPER's successors or assigns. 18. ASSIGNMENT OF AGREMENT This AGREEMENT or any rights under this AGREEMENT may not be assigned by DEVELOPER to another without the written approval and consent of the CITY's City Manager. Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page T of 8 19. DISCLOSURE OF OWNERSHIP INTERESTS DEVELOPER further agrees, in compliance with the CITY Ordinance No. 17110, to complete, as part of this AGREEMENT, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 20. EFFECTIVE DATE This AGREEMENT becomes effective and is binding upon and inures to the benefit of the CITY and DEVELOPER, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 21. AUTHORITY The person signing this AGREEMENT on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this AGREEMENT binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals, this j ZZ--day of 11A�q , 2010. N.M. Edificios, LLC ("DEVELOPER") 3900 North McColl Road McAllen, Texas, 78501 By: Anthony LaMantia DEVELOPER THE STATE OF TEXAS§ COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by Anthony LaMantia, DEVELOPER, N.M. Edificios, LLC, on behalf of the corporation. blicr Nota u , State of Texas LUPE OL KENO ' MY OOMMIS"EXPIRES I y 23,2013 Sanitary sewer Collection Line Extension Construction and Reimbursement Agreement Page 8 of 8 CITY of Corpus Christi ("CITY") 1201 Leopard Street(78401) P. O. Box 9277 Corpus Christi, Texas 78469 Telephone9361) 880-3500 Facsimile: (361) 880-3501 ATTEST: By: By: �i`✓ Armando Chapa Angel R. Escobar CITY Secretary CITY Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2010. by 'Angel R. Escobar, CITY Manager, CITY of Corpus Christi,4exas, a Texas home-rule municipal corporation, on behalf of the corporation. a a it ' L, GRA5z ti}¢Y pub Notary Public STATE OF TEXAS My Comm.Exp.05.07-2012 atary Public, State of Te s APPROVED AS TO FORM: ! day of , 2009 SI '4�'�C�AL1THnR1xED b01ther w n Assistant CITY A y For the CITY Attorney .ry SEORETARY/b�b - N �r W Wxx A � N u fu W T w F-•O 3 g5 s` 9s € 3 ! Lax S.g ¢r—� g a r�iicoi 1 a= $ fc cQi X33 i f11U �&3 ! F I QOC«ar N !� — -- y L — x j j � N a H .. U. jig' s-au�xvoo RCP ---- d •a PHL Z-421 j a S � s��: � IMP o1" 1 ' E a E3 � 2 I $ W ~g W E $cr S e g o y °a a l e B i g xSS�s o g � $ g r �gsS;Y z _ tL _% gyl 54a A � OR-0 Ess N =a ��g' :o nc°r mgsc°a = € a. i r LL Iz w Z 4p LU o a �W W Z •l• \ a � � F � � �X zzz LL i �lt`'M1• Om � �, F ♦ yy77 LL s --.. b —... �rs of W� � ,•`, ��O L IN z 1 ••g �,r, ��; !. i rn 1 Vf CA tz 0 w IJ z s `•. r , a 7d'11 - vii a x ' ` V al U 3 w` _ � n — 550 L � I` a;.. y; �nr k APPLICATION FOR SEWERLINE REIMBURSEMENT I,Anthony LaMantia developer of proposed L&F Subdivision Lot l Subdivision,hereby request reimbursement of$191.607.92 for the installation of the sanitary sewer main in conjunction with L& F Subdivision Lot l Subdivision,as provided for by City Ordinance No. Said $191,607.92 is the construction cost,including engineering cost,in excess of the lottacreage fee,as shown by the cost sup:nZnr7!�- III VJ 1 Iz 2 I� (Date) N.M. Edificios,LLC THE STATE OF TEXAS }{ COUNTY OF NUECES )( This instrument was acknowledged before me on 20Co ,by N N a Limited Liabi i Co oration on behalf of the said corporation. tug S G.�t�PI dhol . . Rz ' MY COAiMISSIOPI EXPIRES i-. Jdy 2%2013 Notary ublic An and for the State of Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a)sufficiency of funds in the Collection Line Trust Fund,and (b)appropriation and approval by the Ci Council. Development ervices Engineer (Date) Exhibit 2 W � 1 " i , a. i , J41 cl 1p H T ��[[[ YA ti r -is T1 Is I , Ir am OOOOJRFM Oif OOQIA7=I7'S GATE:Kc 11,20T4 aY:NC enepnven f mth4Q[M k Conpacsors W ECT' Lar owvboom New$vilel v Sae m p-wwft OJECT Nd 690142.40 PRELIMIN ESTIMATE OF PROBABLE CONSTRUCTION COST ARY item Ma on Qty Unit Unit Price 70tal Prig Sanita ry Swat Extension 1 1O"WR 26 PVC Wastewater Line(49-21-1 428 LF $130.00 $55,380. 2 10"$DR 26 PVC Wastewater Line 4T-W9' 493 LF 5715.00 $58,05.OD 3 10"SDR 26 PVC Wastewater Line 1F-17' 323 LF $100.00 $32,3oo. 4 1.242 LF $30.00 $37,281?. 5 Trench Se 1,242 LF $5.00 $6A10.00 6 5'Diaenete.r Fiberatass Manhole 5 EA 57,000.00 $35,000. 7 5'Diameter fiberglass Manhole Extra WO 50 VF $450.00 $22,600. 8 10"Wastewater EL22 1 FA 5750.00 $750. 9 Rehablidatnq Manhole 1 EA $5,000.00 $5,000. SCR LINT»SUB TOTAL $281,096.00 CONTINGENCIES 10% $25,109.510 CONSTRUCTION SUH TOTAL ;276,204.60 ENGINEERING DESIGN 8% $22,096-00 TOPOGRAPHIC SURVEY 2% $B 500'0 600.00 0 TESTING 1% $2 —PERMITS(I%) 2 500'{10 ADMINISTRATIVE$US TOTAL $33,096.00 PROJECT TOTAL $309,300.50 MAXIMUM AtLOWAtam REiMBURSEMEPT SECT V.8.6.F 2L_ 5239,509.90 LESS ACREAGE FEES '$47,901.98 TOTAL.REIMBURSEMENT REQUESTED $191,607.92 nia COCsiM W ISJKLEASW NA WORMATOKAL PLOUN ES LWXA THE A04MTr OF XM A.PMEH EL,RE/VDU,UH.taK FIRM NO F-M ON a"1.10 R Is"07 TO BE USED FOR ookMUOT".DQDoa PR PERWIT K W'OSES Exhibit 4 f�:WDA At[Iv1eGtS1060f 42.00 New 8tpidry Site knprnva[nerTfslCtTe1 Es5rne1eal'19 w1 S fm F'fOyoDed Es8ma193 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA." See reverse side for definitions. FIRM NAME: N. M. Lt- STREET: oo Nf. m c cc o t Rd. CITY: t4 c)11a^ ZIP: CBS 0? FIRM IS: 1. Corporation ( } 2. Partnership [ } 3. Sole Owner } 4. Association ( ) 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each"employee"of the City of Corpus Christi having an'ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department of known) 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member"of the City of Corpus Christi having an'ownership interest"constituting 3%or more of the ownership in the above named"firm." Name - Board, Commission,or Committee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an"ownership interest"constituting 3%or mare of the ownership in the above named"firm." Consultant CERTIFICATE 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 that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: fin}hon Title: CrYPe of Print) Signature of Certifying Person: Date: EXHIBIT DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee" Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent,trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts,proxies, or special terms of venture or partnership agreements." f. "Consultant." Any person or firm,such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT APPLICATION FOR WASTEWATER LINE CREDIT I, Anthony LaMantia , developer of proposed L & F Distributors Subdivision Lot 1 Subdivision, hereby apply for $ 47,901.98 credit towards the wastewater acreage fee for the installation of the collection wastewater line as provided for by City Ordinance No. $309,301.00 is the construction cost, including 8%Engineering,as shown by the cost supporting documents attached herewith. An ony LaMantia,Developer (Date) THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 5 l ,2010, by Anthony LaMantia. -------- - ------- - 4m-,If" �' 7r LUK a MOREW Notary P blic in and for the State of Texas W cOMMSSM EXPIRES ,Wy2%W13 saw CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit of$ 7 4 . is herewith a proved. k,4, /s /0 Juan Perales, .,P.E. (Date) Development Services Engineer Ordinance appropriating $191,607.92 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse N. M. Edificios, LLC, ("Developer") for the construction of the sanitary sewer collection line improvements in accordance with the approved reimbursement agreement executed with the Developer. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $191 .607.92 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse N. M. Edificios, LLC ("Developer"), for construction of the sanitary sewer collection line improvements in accordance with the reimbursement agreement approved by the City Council on May 18, 2010 (Motion 2010-111) and executed with the Developer. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2013 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor 0 AGENDA MEMORANDUM xi First Reading Ordinance Item for the City Council Meeting of July 9, 2013 1852 Second Reading Ordinance Item for the City Council Meeting of July 16, 2013 DATE: June 13, 2013 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Director Department of Development Services 361-826-3246 Approval of agreement and appropriating ordinance to reimburse Thomas S. Davis for the construction of a collection line CAPTION: Ordinance authorizing execution of a wastewater collection line extension and reimbursement agreement ("Agreement") with by Thomas S. Davis ("Developer"), for the construction of a wastewater collection line and appropriating $11,782.50 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse Developer in accordance with Agreement. PURPOSE: Approval of the ordinance to reimburse the developer for the construction of an 8-inch wastewater collection line required to serve the proposed Lot 2, Block 1, Saxet Industrial. BACKGROUND AND FINDINGS: The developer, Thomas S. Davis, is developing an industrial tract of land to be known as Saxet Industrial, Block 1, Lot 2. The tract of land is located east of South Navigation Boulevard and south of Bates Drive. The developer needs to extend an 8-inch wastewater line from the northwest corner of the property, north along South Navigation Boulevard to an existing wastewater line in Bates Drive. The extension is approximately 380 linear feet. The Planning Commission approved the plat on February 15, 2012. As part of the requirement, the developer had to provide wastewater services to the subject property. ALTERNATIVES: None City Council Summary Thomas S. Davis Reimbursement Agreement Page 2 OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The construction of the 8-inch wastewater line is consistent with the Wastewater requirements. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: The Department of Finance has reviewed the funds available from the Wastewater Collection Line Trust Fund and has verified that the monies are available for the requested reimbursement. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Sanitary Sewer Collection Line Trust Fund Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $333,969.71 Encumbered / Expended Amount $274,112.53 This item $11,782.50 BALANCE $48,074.68 Fund(s): Comments: Encumbered amount does reflect proposed appropriation request by 5961 HWY 44, LLC of Lot 3 & Lot 4, Block 13, Airport Industrial Subdivision. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Location Map Wastewater Collection Line Extension Construction and Reimbursement Agreement Ordinance K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2013 CC AGENDA ITEMS\7-9-2013\SAXET INDUSTRIAL\AGENDA MEMO-SAXET INDUSTRIAL,WASTEWATER REIMBURSEMENT.DOC JA-D-E -T, Z. SUBJECT PROPERTY o D Miles 0 0.0750.15 0.3 San P.t"fcio.C T. N..—Bay Legend i PLANNING.CITYLIMITS corp, 6 Christi Pay "N Site Corpus Christi Bay N T itle WE Printing Date:10/22/2012 6W File:K:\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\London Club Estates -t11 Blk4.mxd 00 Prepared By:MSS S — Do/ Illustrative purposes only. City Of Coordinate System: Corpus NAD 1983 StatePlane Texas South RIPS 4205 Feet ILOCATION MAP Christi City of Corpus Christi @ Development Services Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Thomas Davis ("Developer"), for the construction of a wastewater collection line and appropriating $11,782.50 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. 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 a waste- water collection line extension construction and reimbursement agreement ("Agreement") with Thomas Davis ("Developer") for the extension of an 8-inch wastewater collection line, including all related appurtenances, for development of Lot 2, Block 1 , Saxet Industrial, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $11,782.50 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer for construction of the collection line in accordance with the Agreement. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20_7 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20_7 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Thomas Davis ("Developer/Owner"). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on February 15, 2012, to develop a tract of land, to wit: approximately 2.5 acres known as Lot 2, Block 1, Saxet Industrial, located on the east side of South Navigation Boulevard and south of Bates Drive, Corpus Christi, Nueces County, Texas ("Property"), as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater collection line extension ("Wastewater Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of the Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of an application to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension, as shown in the attached Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Extension, for and on behalf of the City, in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. Page 1 of 15 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install up to 383 but not less than 365 linear feet of 8-inch PVC pipe; 2. Install one (1) 4-foot diameter manhole; and 3. Install up to 383 but not less than 365 linear feet trench safety. b. The Wastewater Extension must begin at the northwest corner of the Property and extend north along the east side of South Navigation Boulevard approximately 365 feet to the existing wastewater line along Bates Drive. c. The plans and specification must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. If any of the property needed for Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC for the area of the Wastewater Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, by November 30, 2013. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. Page 2 of 15 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by City Council. b. Developer/Owner's professional engineer falls to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by City Council. c. Developer/Owner fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, on or before November 30, 2013. f. Either the City or Developer/Owner otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non- defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in Section 11, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. Page 3of15 e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to Developer/Owner. The Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: Page 4 of 15 1. If to the Developer/Owner: Thomas Davis P. O. Box 248 Corpus Christi, Texas 78403 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street /78408 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving written notice of the change to the other party pursuant to the provisions of this section. 12. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is subject of this Agreement, execute a performance bond and a payment bond. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and the Development Services Engineer. Page 5 of 15 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the construction of the Wastewater Extension up to an amount not to exceed $11,782.50 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds, payment bonds, and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event this Agreement is terminated by the City at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES AND AGENTS ('INDEMNITIEES') FROM ANY AND ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES, AND JUDGEMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXI MA TEL Y OR REMOTELY, WHOLLY OR IN PART, THIS AGREEMENT AND THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 2.5 acres known as Lot 2, Block 1, Saxet Industrial, Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. Page 6 of 15 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF OWNERSHIP INTERESTS. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 20. EFFECTIVE DATE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer/Owner and their respective heirs, successors, and assigns from and after the date of execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals this day of , 2013 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Wes Pierson City Secretary Assistant City Manager APPROVED AS TO FORM: day of , 2013 Elizabeth Hundley Assistant City Attorney for the City Attorney Page 7 of 15 DEVELOPER/OWNER: Th s avis STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on L4N-k- k , 2013, by Thomas Davis. N ary Pu Tic's Sign t - XAVIER CAI.VAN f+ MYG COMMISSION EXPIriES February 1,M17 ■■��■��r�irrrr•�r��®®®■r■■■■srs®■r®®■■asps■�r�ir�■rr�rA■rrs�■■��srrrray Page 8 of 15 Mi IN- 13 1 LM 4 12M stj TA- IJ Page 9 of 15 ' APPLICATION FOR WASTE WATER REIMBURSEMENT Thomas Davis, P.O. Box 248, Corpus Christi, Texas 78403,developer of Saxet Industrial, Lot 2, Block 1, hereby requests reimbursement of$11,782.50 for the installation of the waste water collection line in conjunction with said lot as provided for by City Ordinance No. 17092. $45,121.25 is the construction cost, including 10%Engineering and Surveying, as shown by t o rfppo documents attached herewith. By: Thomas Davis State of Texas County of Nueces This instrument was acknowledged before me on �%sn 2� ,2013, by XAVIER QUAN ` J . ' MY COMMISSION WiRFB February 1,2017 otary P blic in nd for the State of Texas J CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b) Appropriation and approval by City Council, and (c) Thomas S. Davis acquiring title to Saxet Industrial, Lot 2, Block 1 r I /,J D velopment Services Engineer (Date) EXHIBIT 2 Page 10 of 15 APPLICATION FOR WASTE WATER CREDIT Thomas Davis, P.O. Box 248, Corpus Christi, Texas 78403,developer of Saxet Industrial, Lot 2, Block 1, hereby applies for$3,927.50 credit towards the waste water acreage fee for the collection line Extension in conjunction with said lot as provided for by City Ordinance No. 17092. $45,121.25 is the construction cost, including 10% Engineering and Surveying, a i lie cost supporting documents attached herewith. By: homas Davis State of Texas County of Nueces This instrument was acknowledged before me on Mcw 20 , 2013, by a. GJ�<,F Ugv,i wun \ A W Fyn: XAVIER GA LvA MY COMMISSION EXPIRES 17 N (Nota ub n_S d for the State of Texas �.N F t,20 CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit of$3,927.50 is herewith approved. (3 --J--f 12171 I D velopment Services Engineer (Date) EXHIBIT 2 Page 11 of 15 zloz annr ova ,w:i�, wfgl ANN7 eldw� m.+.o�, IYJN:d'9�h]vj fix. -WULSrKH 23KYR j snaao �':J N Ri33 r, CV O R J•f10 kV 1 93M39 AUV.LNWS d A a n VAR old NaM��'s �� oil p� ggad EELS kP' � �aF z $I a Vito RT 93 a � lei IXT @�� •] �; f BAIJQ 58�Og ! +fig •; .` E�! 'i i - _ jy� 3 �n its ?I I rig Hey -_._._ L I�. 9k west aea?T EXHIBIT 3 Page 12 of 15 Eng: Murf Hudson, P.E. Offsite Sanitary Sewer Extension Sept. 19, 2012 By: M.F.H. for Job No. 23241.B2.00 LOT 2, BLOCK 1 SAXET INDUSTRIAL SUBDIVISION ITEM DESCRIPTION QUAN. QUAN.+ UNIT UNIT TOTAL 50/0 PRICE COST SANITARY SEWER IMPROVEMENTS: 1 8"PVC 10'-12'Cut 365 383 LF $42.00 $16,086.00 2 OSHA Trench Protection 365 383 LF $2.00 $766.00 3 Embedment 365 383 LF $15.00 $5,745.00 4 4' Diameter Manhole(10'-12'bee 1 1 EA $6,000.00 $6,000.00 5 Tie to Existing Manhole w/outside drop con. 1 1 LS $2,500.00 $2,500.00 6 IDewatering 1 1 LS $5,000.00 $5,000,00 SANITARY SEWER SUB-TOTAL: $36,097.00 Bonding, Insurance and Contingency: $5,414.55 Engineering Fee, Surveying and Administration: $3,609.70 TOTAL ESTIMATED IMPROVEMENTS COSTS: $45,121.25 MAXIMUM ALLOWABLE REIMBURSEMENT 50%of 8"line x$3927.50 acreage fee $15,710.00 Maximum Allowable Reimbursement $15,710.00 Credited Wastewater Acreage Fee $3,927.50 REIMBURSEMENT DUE $11,782.50 Urban Engineering 2725 Swantner Corpus Christi,TX 78404 1-361-854-3101 1 of 1 EXHIBIT 4 Page 13 of 15 SUPPLIER NUMBER TO BE ASSIGNED B Y-C1TY-- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI 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 for Filing Requirements, Certifications and definitions. COMPANY NAME: Thomas Davis P.O.BOX: P.O.Box 248 STREET ADDRESS: CITY: Corpus Christi ZIP: 78403 FIRM IS: I. Corporation e 1 Partnership B 3. Sole Owner 4. Association S. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) NIA NIA 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 NIA NIA 3. State the names of each"hoard member"of the City of Corpus Christi having aii"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee NIA NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A NIA EXHIBIT 5 Page 14 of 15 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing fled 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 that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Thomas Davis Title: ch, . rvee )Type yr Print) Signature of Certifying Date: Person: -' 2° k3 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. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial, and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT 5 Page 15 of 15 C'\DOCUMENTS AND SETTINGSUXGILOCAL SETTINGSITEMPORARY INTERNET FILESICONTENT.OUTLOOKIY06DERS44WASTEWATER EXT COLLECTN AND REIMB AGMT TDAVIS SAXET INDUS VFINAL WKG 20130531(2).DOC 0 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 9, 2013 852 Second Reading Item for the City Council Meeting of July 16, 2013 DATE: June 27, 2013 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS @cctexas.com (361) 289-0171 ext. 1213 Authorize a five —year agreement with Tailwind CRP, LLC for operation of food and beverage concession at Corpus Christi International Airport and terminate existing lease with Game Time CAPTION: Authorizing the City Manager, or designee, to terminate the Lease Agreement between the City of Corpus Christi and Amarillo Sports Services, Inc. dba Game Time Food and Beverage Services, Inc. ("Game Time") and execute an Airport Facilities Lease and Concession Agreement ("Lease") with Tailwind CRP, LLC ("Tailwind") for the operation of a food and beverage concession at the Corpus Christi International Airport ("Airport"), in consideration of the greater of an annual minimum rental fee or a sum equal to twelve percent (12%) of all food, sundries and non-alcoholic beverages gross revenues and sixteen percent (16%) of all alcoholic beverages gross revenues, for a term of five (5) years. PURPOSE: Staff is recommending the termination of the existing lease with Game Time and approval of a five year lease agreement with Tailwind for operation of three venues at the Airport. The new agreement would provide for a full restaurant/bar venue as well as coffee and snack shops. It is Staff's position that the new venues would provide travelers and customers with a positive and enjoyable experience while at the Airport. BACKGROUND AND FINDINGS: The current concessionaire, Game Time, is in the eighth year of a ten-year concessionaire agreement. Airport Staff and the President of Game Time have had extensive discussion during the course of this year and have mutually agreed that Game Time would transition out of its operations at the Airport. The transition is consistent with Game Time's business plan and would also allow the Airport to incorporate the food and beverage concession into the overall marketing and re-branding of the Airport. In anticipation of the transition, the Airport and the City's Procurement Staff issued a Request for Proposal for operation of the non-exclusive food and beverage concession at the Airport. The RFP was released April 1, 2013 and was advertised in key publications. In addition, Airport Staff contacted several restaurateurs and caterers in the community to advise them of the upcoming bid and business opportunity. A pre-proposal meeting was held at the Airport and 11 prospective bidders attended. They were provided a tour of the terminal as well as a question and answer session to facilitate bids. Ultimately, three bids were received from Oakwells, Subway and Tailwind. Evaluation of the bids was conducted by a Selection Committee consisting of the Airport Board's Business Development Sub-Committee, the Assistant Director of Aviation, and the Airport's Finance and Administration Manager. Each member evaluated each proposal in depth in accordance with the criteria outlined in the RFP. The Selection Committee rated each firm in each category and the following matrix shows the median scores of each firm for each category. Following is the criteria and scores • Experience and Qualifications of Proposer • Management Plan for the Operation • Financial Projections and Initial MAG • Menu/Marketing Plan/Branding • Facility Utilization • Operating multiple venues • Transition Plan • Facility Concept and Investment Food & Beverage Concessions Proposal Review Decision Matrix Reviewer Oakwells Subway Tailwind Reviewer 1 252 31 262.5 Reviewer 2 263 0 262 Reviewer 3 231.25 82 233 Reviewer 4 285 201 270 Reviewer 5 264.5 194 277 Reviewer 6 379 278.5 379 Score 1674.75 786.50 1683.50 Tailwind was selected as the highest scoring and most responsive proposal. Tailwind operates at eight regional airports including Amarillo, Texas. In addition, they are eager to work with the City, Chamber of Commerce and other local organizations to promote the Airport as well as provide an extensive catering menu for parties wanting to utilize the Airport facilities for events. Tailwind also is committed to "buy local" where possible and hire local staff. ALTERNATIVES: No viable alternative exists except for the continuation with the current concessionaire. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This project complies with City Privatization Initiatives and City procurement and contracting policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal Purchasing Finance FINANCIAL IMPACT: ❑ Operating ® Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $85,200 $585,000 $672,200 Encumbered / Expended Amount This item (additional revenue BALANCE $85,200 $585,000 $672,200 Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff requests approval of agreement as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Tailwind CRP, LLC - Lease Agreement Presentation Certification of Funds Page 1 of 2 Ordinance Authorizing the City Manager, or designee, to terminate the Lease Agreement between the City of Corpus Christi and Amarillo Sports Services, Inc. dba Game Time Food and Beverage Services, Inc. ("Game Time") and execute an Airport Facilities Lease and Concession Agreement ("Lease") with Tailwind Deli News and Gifts, LLC ("Tailwind") for the operation of a food and beverage concession at the Corpus Christi International Airport ("Airport"), in consideration of the greater of an annual minimum rental fee or a sum equal to twelve percent (12%) of all food, sundries and non-alcoholic beverages gross revenues and sixteen percent (16%) of all alcoholic beverages gross revenues, for a term of five (5) years. Whereas, by Ordinance No. 026095, the City and Game Time entered into a ten year lease commencing April 10, 2005, (the "Original Lease") for the operation of a food and beverage concession at the Airport; Whereas, on April 1, 2013, the City issued a Request for Proposals for the operation of non-exclusive food and beverage concessions at the Airport, in response to which Tailwind was the winning proposer; Whereas, the City wishes to terminate the Original Lease, and enter into the Lease with Tailwind; Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager, or designee, is hereby authorized to terminate the Lease Agreement between the City of Corpus Christi and Amarillo Sports Services, Inc. dba Game Time Food and Beverage Services, Inc. ("Game Time") and execute an Airport Facilities Lease and Concession Agreement ("Lease") with Tailwind Deli News and Gifts, LLC ("Tailwind") for the operation of a food and beverage concession at the Corpus Christi International Airport ("Airport"), in consideration of the greater of an annual minimum rental fee or a sum equal to twelve percent (12%) of all food, sundries and non-alcoholic beverages gross revenues and sixteen percent (16%) of all alcoholic beverages gross revenues, for a term of five (5) years, which agreement is on file at the City Secretary's office. Ordinance—Tailwind Lease 6-10-13 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 , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Ordinance—Tailwind Lease 6-10-13 AIRPORT FACILITIES LEASE AND CONCESSION AGREEMENT Corpus Christi International Airport Corpus Christi. Texas And Tailwind CRP, LLC August 15, 2013 i Table of Content RECITALS...............................................................................................................................................5 I. DEFINITIONS ....................................................................................................................................5 1.1 Airport................................................................................................................................................5 1.2 Director of Aviation............................................................................................................................5 1.3 Terminal .............................................................................................................................................5 1.4 Lease...................................................................................................................................................5 1.5 Liquor License....................................................................................................................................6 1.6 Premises..............................................................................................................................................6 1.7 Gross Revenue....................................................................................................................................6 II. USE OF AIRPORT FACILITIES....................................................................................................6 2.1 Operational Rights..............................................................................................................................6 2.2 Terminal Building Space and Equipment...........................................................................................7 2.3 Alcoholic Beverages...........................................................................................................................7 2.4 No Exclusive Right.............................................................................................................................7 2.5 Right of Ingress and Egress................................................................................................................7 2.6 Public Address and Paging System.....................................................................................................7 2.7 Parking................................................................................................................................................7 2.8 Limitation on Uses..............................................................................................................................8 III. OBLIGATIONS OF LESSEE.........................................................................................................8 3.1 Rentals and Charges ...........................................................................................................................8 3.2 Terms and Conditions of Payment......................................................................................................9 3.3 Maintenance and Cleaning of Premises and Equipment...................................................................11 3.4 Insurance...........................................................................................................................................12 3.5 Indemnification of City.....................................................................................................................13 3.6 Hours of Operation...........................................................................................................................13 3.7 Pricing ..............................................................................................................................................14 3.8 Lessee's Other Obligations...............................................................................................................14 3.9 New Government Regulation. ..........................................................................................................15 3.10 Recycling........................................................................................................................................15 3.11 Manager..........................................................................................................................................15 3.12 Maintenance of Liquor License......................................................................................................16 3.13 Security Requirements....................................................................................................................16 3.14 Lessee's Capital Improvements......................................................................................................17 IV. OBLIGATIONS OF CITY............................................................................................................17 4.1 Quiet Enjoyment...............................................................................................................................17 4.2 Maintenance and Utilities.................................................................................................................17 ii V. TERM ...............................................................................................................................................18 5.1 Term.................................................................................................................................................18 5.2 Option to Renew...............................................................................................................................18 5.3 Holding Over....................................................................................................................................18 VI. TERMINATION, SURRENDER AND DAMAGES...................................................................18 6.1 Termination by Lessee......................................................................................................................18 6.2 Default by Lessee. ............................................................................................................................19 6.3 Remedies of the City.........................................................................................................................20 6.4 Non-Waiver......................................................................................................................................21 6.5 Surrender of Possession....................................................................................................................21 6.6 Force Majeure...................................................................................................................................22 6.7 Damage or Destruction of Premises..................................................................................................22 VII. ASSIGNMENT AND SUBLETTING.........................................................................................22 7.1 Assignment and Subletting...............................................................................................................22 7.2 Successors to City.............................................................................................................................22 VIII. OTHER AGREEMENTS...........................................................................................................22 8.1 Rules and Regulations......................................................................................................................22 8.2 Lease Subordinate.............................................................................................................................23 8.3 Non-Discrimination. .........................................................................................................................23 8.4 Inspection by City.............................................................................................................................23 8.5 Service Entrances. ............................................................................................................................23 8.6 Improvements on the Premises.........................................................................................................23 8.7 Airport Concessionaire Disadvantaged Business Enterprise ............................................................24 8.8 Bankruptcy........................................................................................................................................24 8.9 Reservation of City's Rights.............................................................................................................25 8.10 Terminal Remodel and Reconfiguration.........................................................................................26 IX. MISCELLANEOUS PROVISIONS.............................................................................................26 9.1 Headings...........................................................................................................................................26 9.2 Time of Essence................................................................................................................................27 9.3 Attorneys'Fees..................................................................................................................................27 9.4 Non-Waiver......................................................................................................................................27 9.5 Limitation of Benefit ........................................................................................................................27 9.6 Severability.......................................................................................................................................27 9.7 Effect of Lease..................................................................................................................................27 9.8 Notices..............................................................................................................................................27 9.9 Governing Law and Venue...............................................................................................................27 9.10 Entire Agreement............................................................................................................................27 9.11 Nature of Relationship....................................................................................................................28 9.12 Modification of Agreement.............................................................................................................28 iii EXHIBIT A: Premises EXHIBIT B: Approved Menu and Prices EXHIBIT C: City's Equipment List EXHIBIT D: Lessee's Capital Improvements EXHIBIT E: Lessee's Equipment List EXHIBIT F: Insurance Requirements iv AIRPORT FACILITIES LEASE AND CONCESSION AGREEMENT CORPUS CHRISTI INTERNATIONAL AIRPORT This Lease and Concession Agreement is made effective as of August 15, 2013, between the City of Corpus Christi, a Texas home-rule municipal corporation("City"), and Tailwind CRP,LLC,a Delaware Limited Liability Company,having a principal address of 1740 Airport Boulevard, Suite 16, Wilmington, NC 28405 ("Lessee"). RECITALS The parties recite and declare that: A. The City is the owner and operator of the Corpus Christi International Airport ("Airport")in Nueces County, Corpus Christi, Texas; and B. The provision of high quality and reasonably priced food and beverage services at the Airport are desirable for the proper accommodation of passengers arriving at and departing from the Airport, as well as employees and visitors; and C. The City desires to make such services available at the Airport, and Lessee is qualified and able to perform such services under the terms of this Lease and Concession Agreement. NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein, the City grants Lessee the rights set forth herein, subject to the terms and conditions set forth below, with which Lessee agrees to comply. I. DEFINITIONS As used in this Lease and Concession Agreement, defined words and terms shall have the following meanings: 1.1 "Airport"is the Corpus Christi International Airport located in Corpus Christi, Texas. 1.2 "Director of Aviation" means the Director of the Airport as may be designated by the City of Corpus Christi, or his or her designee. 1.3 "Terminal"is the Passenger Terminal Building at the Airport, as it now exists or may hereafter be modified or expanded. 1.4 "Lease" is this Airport Facilities Lease and Concession Agreement. Food and Beverage Concession Lease 6-20-13 Page 5 of 28 1.5 "Liquor License" shall mean a retail liquor license owned and held by Lessee, for the service of beer, wine and liquor in designated locations of the Premises. 1.6 "Premises" consists of exclusive-use space leased to Lessee as described in Exhibit A attached hereto. 1.7 "Gross Revenue"is the total amount of the actual sales price,whether wholly or partly for cash or on credit, of all sales of food, alcoholic and non-alcoholic beverages,merchandise and services and all other receipts of all business conducted in whole or part on or from the Airport; including all orders taken in or from the Premises, although said orders may be filled elsewhere; catering of aircraft at the Airport, regardless of where the food, beverages or merchandise are prepared or obtained; and sales by any authorized sublessee, sub- concessionaire or subcontractor in or from the Premises, and all without credit to Lessee for uncollected or uncollectible credit accounts. Each sale upon credit shall be treated as a sale for the full price in the month during which such sale shall be made,irrespective of the time when Lessee shall receive payment, whether full or partial, from its customer. There shall be excluded from gross revenue: 1.7.1 Any sums collected and paid out for any sales or other tax based on the sale of food, beverages and/or merchandise and required by law,whether now or hereafter in force,to be paid by Lessee or collected from its customers,to the extent that such taxes have been added to and included in the gross sales price, provided however, that any rentals due under this Lease shall not be considered a tax and shall not be added to the approved price of any items sold or to any customer's bill for the sale of such items; 1.7.2 Sales for which the food or beverages are later returned, to the extent of any refund or credit is given; 1.7.3 The entire amount of sales of food and non-alcoholic beverages to persons employed on the Airport, for which Lessee has granted and adequately documented a discount of Fifteen percent(15%)from the authorized price. IL USE OF AIRPORT FACILITIES 2.1 Operational Rights. Subject to the terms and conditions of this Lease, Lessee is granted the non-exclusive right to conduct and operate a food and beverage concession at the Airport in the Premises identified in this Agreement. 2.1.1 Lessee shall have the right to sell to the public in the Terminal, and to cater elsewhere on the Airport,the approved menu items identified on the attached Exhibit B, as may be amended from time to time upon request of Lessee and approval of the City, and such other or substitute or additional food and beverage items as may hereafter be approved by the City or its designee pursuant to Lease section 2.1.2. Food and Beverage Concession Lease 6-20-13 Page 6 of 28 2.1.2 Lessee shall sell permitted items only at the prices listed on the attached Exhibit B, as may be amended from time to time upon request of Lessee and approval of the Director of Aviation. Lessee shall make no changes to the price of any item on Exhibit B without first obtaining the prior written approval of Director of Aviation or designee. Lessee shall not make requests for price adjustments more often than twice in each calendar year, and shall make any such request on or before April 1 st and November 1st in the period prior to the year for which the price adjustment is requested. 2.2 Terminal Building Space and Equipment. The City shall deliver the Premises,fixtures, equipment and furnishings specified herein to Lessee as they are improved.Lessee shall accept the same "as is - where is." The City will have no obligation to alter or improve the same, except as expressly provided herein. In consideration for the rental set forth in section 3.1 below,the City grants Lessee use of the space identified in the attached Exhibit A consisting of approximately 5,139 square feet(the "Tailwind Space"), and related fixtures and equipment. 2.3 Alcoholic Beverages. 2.3.1 Lessee shall have the right to sell beer, wine and other alcoholic beverages (collectively"Alcoholic Beverages")in the Terminal, at the approved prices set forth on Exhibit B, as may be amended by the parties under paragraph 2.1.2 above. 2.3.2 Lessee shall take all reasonable steps to ensure that Alcoholic Beverages are sold, dispensed and consumed only on the Restaurant Space and Seating Area. The sale of package goods is prohibited. Lessee agrees to abide by all applicable laws, rules, and regulations existing or hereinafter enacted pertaining to the selling of Alcoholic Beverages. 2.4 No Exclusive Right. Nothing in this Lease shall be construed as granting Lessee any exclusive right to operate food, non-alcoholic beverage, or alcohol concessions at the Airport or in the Terminal. The City retains the right to enter into leases and/or agreements with others for the provision of food,non-alcoholic beverage,Alcoholic Beverage, or vending services in areas other than those set aside herein for Lessee's operations. 2.5 Right t of Ingress and Egress. Subject to the requirements of Section 3.13 below and the Airport's security plan as it now exists or may hereafter be amended, Lessee shall have at all times the full and free right of ingress to and egress from the Premises and facilities referred to herein for Lessee, its employees, contractors, agents, customers, guests and other invitees. 2.6 Public Address and Paging System. Lessee and others similarly authorized shall have the right to use the public address and paging system in the Terminal for paging, and similar purposes, at no charge subj ect to reasonable policies established by the Director of Aviation. 2.7 Parking. In common with all other Airport tenants, Lessee's employees shall be entitled to use Airport employee vehicle parking areas which are designated as such from time- Food and Beverage Concession Lease 6-20-13 Page 7 of 28 to-time, during times and on days when they are actively employed on the Premises, subject to such rules and policies as may be adopted by the Director of Aviation. If the City in its discretion establishes reserved parking spaces or areas for use by managers of Terminal tenants, then Lessee shall be assigned one (1) such parking space for its use. 2.8 Limitation on Uses. Lessee's uses of the Airport authorized and granted in this Lease shall be limited to providing services at the Airport expressly described herein, including a food and beverage service and activities reasonably necessary to support such activities. III. OBLIGATIONS OF LESSEE 3.1 Rentals and Charges. Lessee agrees to pay City,for the use of the Premises identified in Exhibit A, and for services and privileges granted under this Lease, the following: 3.1.1 An amount equal to twelve percent (12%) of all food, sundries and non- alcoholic beverages Gross Revenues and sixteen percent (16%) of all alcoholic beverages Gross Revenues, as defined in Section 1.7 herein. 3.1.2 Tenant shall pay the City a Minimum Annual Guarantee (MAG) equal to $117,000.00 for year one (1) or the actual percentage rent due as identified in 3.1.1 above,whichever is greater.Beginning in year two(2)and for each year thereafter,the annual MAG will be adjusted to an amount equal to eighty five percent(85%) of the previous year's actual Gross Sales. In no event will the MAG due be less than the first year MAG. In all years, Tenant shall pay the City the greater of the actual percentage rent due or the MAG. 3.1.3 Lessee shall pay the City each calendar month of the Lease Year and any exercised option term of this Lease,for Lessee's use of utilities for the Premises,which are separately metered,including but not limited to water and electricity. For metered utilities, Lessee will be billed by the City at the rate provided to the City, due upon receipt. Lessee shall arrange for and pay the cost of installation and usage of telephone service for the Premises, and any other utilities Lessee desires or requires for the Premises, which are not provided to the Premises as of the date of this Lease. 3.1.4 The parties recognize that the Airport operates to serve the public interest, no other food and beverage concession is currently located in the vicinity of the Terminal, and the City has an interest in assuring that food and beverage service is available to airline passengers in accordance with the terms of this Lease. Therefore, if Lessee materially fails to provide the service as required by this Lease, by violating the same Lease requirement on more than one occasion during any consecutive thirty(30) day period, the City shall be entitled to recover from Lessee, in addition to any other payments due under this Lease,liquidated Lease damages in the amount of$50 per day for each such violation, provided that the City gave Lessee written notice of the first Food and Beverage Concession Lease 6-20-13 Page 8 of 28 such violation in accordance with this section.For the third violation of the same Lease requirement during any consecutive thirty(30) day period, liquidated Lease damages shall be$100 per day per violation. The Director of Aviation shall provide Lessee with notification of the violation and the imposition of liquidated damages within 72 hours of the violation. Notices under this section shall be hand delivered to or left for Lessee's manager on the Premises in an envelope clearly marked "Notice of Lease Damage Assessment," with a copy sent first class mail to Lessee's address provided herein. Such liquidated damages shall be considered to be actual damages suffered by the City and not a penalty. Liquidated damages shall be due and payable by Lessee as additional rent in accordance with the provisions of section 3.2.1 of this Lease. Lessee may contest the imposition of liquidated damages by filing a written protest with the Airport Advisory Board within five (5)business days of hand delivery of such notice of violation,in which event the protest shall be heard by the Airport Advisory Board at its next regularly scheduled meeting, and payment of such Lease damages shall be stayed pending determination by the Airport Advisory Board. THE LIQUIDATED LEASE DAMAGES AUTHORIZED BY THIS SECTION SHALL BE IN ADDITION TO THE OTHER REMEDIES FOR DEFAULT DESCRIBED IN SECTION 6.3 BELOW, ANY OR ALL OF WHICH MAY BE EXERCISED BY THE CITY IN ITS DISCRETION. 3.1.5 If City has paid any sum or has incurred any obligation which Lessee had agreed to pay or reimburse City for, or if the City is required or elects to pay sum(s)or ensure obligation(s)or expense(s)by reason of the failure,neglect or refusal of Lessee to perform any of the conditions or agreements contained in the Lease, or as a result of an act or omission of Lessee contrary to said conditions and agreements, Lessee shall pay the City the sum(s) so paid or the expense(s) so incurred, including all interest, costs, damages and penalties, and the same may be added to any installment of the fees and charges thereafter due hereunder. 3.2 Terms and Conditions of Payment. 3.2.1 On or before the 15th day of each month(or if that day shall fall on a Saturday, Sunday or holiday, the following business day), Lessee shall furnish the Director of Aviation a statement of Gross Revenues received under section 3.1.1 above for the previous month, and shall simultaneously pay the City amounts due thereunder. If any such statement and/or the Gross Revenue payment is not furnished and/or made to City by the date due, Lessee shall pay City an additional $100.00 or 2.5% of such Gross Revenue for that month,whichever is less, as a late fee, and not as liquidated damages or penalty. All such payments shall be made by Lessee to City without notice or demand at its offices in the Terminal. 3.2.2 Payments due under section 3.1.3 above shall be paid in advance, shall be due on the first day of the month, and shall be paid to the City not later than the fifteenth (15th) day of said month. Food and Beverage Concession Lease 6-20-13 Page 9 of 28 3.2.3 If any fee or charge is not paid within thirty(30)calendar days of the due date, Lessee, in addition to the late fee described in section 3.2.1 above, shall pay default interest equal to 1-1/2%per month on the unpaid balance, accruing from the date due until paid. 3.2.4 Notwithstanding the term expiration date set forth in sections 5.1 or 5.2, on or before the 30th day of January in each year of any term of this Lease, and the year following expiration of the term (or if that day shall fall on a Saturday, Sunday or holiday, the following business day), Lessee shall furnish City a statement of Gross Revenue,un-audited expenses and other information on Lessee's operations from the immediately preceding Lease year on such forms as the Director of Aviation may reasonably require. All information provided by Lessee, other than its statement of gross revenues,which Lessee believes to constitute confidential financial information, shall be clearly and conspicuously designated as such by Lessee, and the City agrees to keep such information confidential to the maximum extent permitted by law and not to release such information to any third party unless ordered to do so by a court of competent jurisdiction. If any third party seeks access to such information, the City agrees to promptly give notice to Lessee. 3.2.5 Lessee shall, during the Term,retain and have available on the Premises or at a location made known to City for a period of twenty four (24) consecutive months following the end of each month during the Term,complete and accurate records of all purchases and sales of food and beverages, all expenses and costs of operation, all revenue derived from business conducted on or from the Airport for such month, all original sales records and sales slips or sales checks, cash register tapes and other pertinent original sales records. Lessee shall ensure that records shall easily distinguish between or separately identify alcoholic beverage sales, and sales to customers outside the Terminal. 3.2.6 The City shall have the right at any reasonable time, and upon reasonable notice, to examine all records maintained by Lessee under subsection 3.2.5 of this Lease and to have an audit prepared, at City expense, by an independent Certified Public Accountant. Provided, however, that in the event there is a discrepancy in excess of five percent(5%)of Gross Revenues between Lessee's statements,required by subsections 3.2.1 and 3.2.4 of this Lease, and such independent audit,Lessee shall bear the cost of such audit. 3.2.7 Lessee shall prepare a description of its cash handling and sales recording systems and equipment, which shall be submitted to the City or its designee for approval. When so approved, such systems and equipment, including any approved revisions, shall be utilized by Lessee in its operations at the Airport. 3.2.8 Lessee shall accurately record each sale on a point of sale register system acceptable to the City, which acceptance shall not be unreasonably withheld. Such systems and equipment shall be non-resettable and sufficient to supply an accurate Food and Beverage Concession Lease 6-20-13 Page 10 of 28 record of all sales, on tape or otherwise. Such register shall have a display visible to the customer. 3.3 Maintenance and Cleaning of Premises and Equipment. Except as expressly provided to the contrary herein,Lessee shall clean and maintain the Premises and Equipment,including but not necessarily limited to the following: 3.3.1 Ensuring that trash generated by its operations, within the Premises, shall be disposed of promptly and properly in containers designated by the Director of Aviation, emptying trash containers located on the Premises as required,during regular business hours, and not permitting such trash containers to overflow or to remain so full as to be unusable, and otherwise at the request of the Director of Aviation made to Lessee's manager. 3.3.2 Cleaning and maintaining the Premises, including but not limited to its flooring, walls, counters, furniture, interior glass, fixtures, and equipment installed therein and thereon, all in good order, condition and repair, in clean condition and appearance at all times, and otherwise at the request of the Director of Aviation made to Lessee's manager, and upon termination of this Lease delivering up the Premises to the City in good order, condition and repair, normal wear and tear excluded. Lessee shall also bus and clean tables in the Premises as needed, and vacuum and/or mop as appropriate the floors of the Premises not less than daily. 3.3.3 Establishing an adequate preventative maintenance program for the Premises which shall be subject to periodic review by the Director of Aviation. The program shall include, without limitation, the cleaning of the Premises doors/gates inside and outside, cleaning and repair of all floors, interior walls, ceilings, lighting, decor, and Equipment located on the Premises as identified in Exhibit E, and the routine maintenance of all such Equipment. Regardless of Lessee's compliance with its preventive maintenance program, Lessee shall clean such surfaces and equipment on the Premises immediately upon being instructed to do so by the Director of Aviation or by other governmental agencies having authority. Notwithstanding the above,the City shall provide major maintenance for the Equipment furnished by the City, and may replace Equipment that becomes unserviceable following consultation with Tenant, both upon notice from Lessee that the same is necessary, and City agreement, which shall not be unreasonably withheld. 3.3.4 Repairing and maintaining all piping and plumbing from the wall out and within the Premises, assuming responsibility for all material deposited in the plumbing system from the Premises, and inspecting the grease trap at least monthly and cleaning and maintaining it as necessary. Any damage caused to the Terminal as a result of lack of maintenance as outlined will be billed back to Tenant and due and payable upon demand without the ability to contest. Food and Beverage Concession Lease 6-20-13 Page 11 of 28 3.4 Insurance, Performance Bond and Indemnity. 3.4.1 Liability Insurance. Lessee must secure and maintain at Lessee 's expense during the term of this Agreement,a Commercial General Liability Insurance policy with the limits and requirements shown on the attached and incorporated as Exhibit F. The Certificate of Insurance must be sent to City's Risk Manager and Director of Aviation and must provide thirty(30) days written notice of cancellation,intent not to renew or material change of any coverage required herein.Lessee will provide copies of all insurance policies to the City Attorney upon the City Manager's written request. The amount of all required Insurance policies is not deemed to be a limitation on Lessee's agreement to indemnify and hold harmless City, and in the event Lessee or City becomes liable in an amount in excess of the amount or amounts of the policies, then Lessee must save City harmless from the whole liability. City shall have no liability for any premiums charged for such coverage, and the inclusion of City as a named insured is not intended to, and shall not, make City a partner or joint-venturer with Lessee in its operations at the concession Premises. 3.4.2 Future Insurance Requirements. Lessee and City understand and agree that the minimum limits of the insurance herein required may become inadequate,and Lessee agrees that it shall increase such minimum limits upon receipt of notice in writing from City. 3.4.3 Adjustment of Claims. Lessee shall provide for the prompt and efficient handling of all claims for bodily injury,property damage or theft arising out of the activities of Lessee under this Agreement. 3.4.4 Conditions of Insurance Default. City may terminate this Agreement in accordance with this agreement if Lessee fails to consistently maintain said insurance levels. 3.4.5 Performance Bond. A Performance Bond,conditioned on performance of all of the Lessee's covenants set forth in the Agreement,in the amount equal to the first year's minimum annual guarantee as defined in Section 3.1.2 herein, will be required from Lessee and shall be renewed annually and remain in effect for the entire term of the Agreement. The Performance Bond shall be(i)issued by a companylicensed to conduct business in the State of Texas;(ii)in the form approved by the City;(iii)payable to City of Corpus Christi,Aviation Department and(iv)delivered to the Office of the Director of Aviation. In the event of cancellation of the Performance Bond,and Lessee's failure to provide substitute financial guarantee first approved by the Director within 15 days from the date of the cancellation, then such failure is a substantial default by Lessee. Food and Beverage Concession Lease 6-20-13 Page 12 of 28 3.4.6 INDEMNITY. Lessee agrees to indemnify, protect, defend, and hold harmless the City, and any successors, assigns, agents, officers, directors, employees, and affiliates of City, (collectively referred to herein as "indemnitees")for,from,and against any and all liabilities, damages,claims, suits, losses, causes of action, liens, judgments, and expenses (including court costs, attorneys' fees, and costs of investigation) of any nature, kind or description arising or alleged to arise by reason of injury to or death of any person or damage to or loss of property (1) occurring on, in, or about the Leased Premises, or (2)by reason of any other claim whatsoever of any person or party occasioned or alleged to be occasioned in whole or in part by any act or omission on the part of Lessee or any invitee, licensee, employee, director, officer, servant, Contractor, or subcontractor, or (3) by any breach, violation, or non-performance of any covenant of Lessee under this Agreement (collectively referred to herein as "liabilities"), even if such liabilities arise from or are attributed to the concurrent negligence of any indemnitee. The only liabilities with respect to which Lessee's obligation to indemnify the indemnitees does not apply is with respect to liabilities resulting solely from the negligence or willful misconduct of an indemnitee.If any action or proceeding shall be brought by or against any indemniteein connection with any suchliability or claim,Lessee,on notice from City,shall defend such action or proceeding, at Lessee's expense, by or through attorneys reasonably satisfactory to City. The provisions ofthis paragraph shall apply to all activities of Lessee with respect to the Leased Premises, building or complex, whether occurring before or after the commencement date of the Agreement Term,or before or after the expiration or termination of this Agreement. Lessee's obligations under this paragraph shall not be limited to damages, compensation, or benefits payable under insurance policies, workers' compensation acts, disability benefit acts, or other employees' benefit acts. The terms of this provision shall survive the termination of this Agreement to the extent any such damage occurs prior to such termination. 3.5 Hours of Operation. Lessee hereby covenants and agrees, that with respect to operations authorized under this Lease, Lessee shall be open for business seven (7) days a week including all Holidays, during the following hours: Main Restaurant/Bar: 10:00am-last scheduled departure Coffee venue: 4:30am- 1:30pm Snack Shop: 6:00am-6:00pm 3.5.1 The City may grant exemptions from the schedule set forth above,if the City in its discretion determines that as a result of unanticipated circumstances, such hours of operation are not necessary to serve the traveling public. 3.6 Pricing. Lessee shall charge fair,reasonable and not unjustly discriminatory prices for each unit or service provided on the Premises. "Reasonable prices" shall be judged primarily Food and Beverage Concession Lease 6-20-13 Page 13 of 28 by comparison with those for concessions at airports of comparable character under similar conditions, with due consideration for length of seasons, availability and costs of labor and materials, a reasonable rate of return on capital invested, and other factors affecting pricing at the Airport. Initial prices to be charged shall be those set forth in Exhibit B. Thereafter, the operator may submit requests to the Airport Advisory Board to adjust prices twice annually pursuant to section 2.1.2 above. Final and continuing approval of prices vests in the Director of Aviation. Lessee may make reasonable and nondiscriminatory discounts, rebates or other similar price reductions to volume purchasers. 3.7 Quality of Foods and Beverages. All foods and beverages offered for sale by Lessee must be of high quality and comparable to first class food and beverage facilities of a similar type in the Corpus Christi area. The Director of Aviation shall determine if Lessee is providing the quality of food and beverage service acceptable at the Airport. 3.8 Lessee's Other Obligations. Lessee hereby covenants and agrees that with respect to operations authorized under this Lease, it will provide the highest quality of service and product to the public. Lessee covenants and agrees that: 3.8.1 it will operate the Premises for the use and benefit of the public and furnish service on a fair, equal and not unjustly discriminatory basis to all customers; 3.8.2 it will obtain the prior approval of the Director of Aviation of all items offered for sale by Lessee from the Premises; 3.8.3 it will offer an employee discount of Fifteen percent(15%)to all airport tenants City employees, and airline employees with respect to food and non-alcoholic beverages; 3.8.4 it will provide and install sufficient additional fixtures, furniture and equipment, if necessary to meet reasonably anticipated public demand for service offered; 3.8.5 it will provide, maintain, train and supervise a staff of employees adequate at all times to fulfill their obligations under this Lease; 3.8.6 it will obtain and maintain all necessary certificates required by the Texas State Board of Health and any and all other permits and licenses required for its operations hereunder; 3.8.7 it will display only advertising matter advertising the authorized business of Lessee at the Airport, which must be in good taste and is compatible with Terminal d6cor, and will obtain the prior approval of the Director of Aviation of all advertising material, including the use of brand name products on its packaging, which approval shall not unreasonably be withheld; Food and Beverage Concession Lease 6-20-13 Page 14 of 28 3.8.8 at all times Lessee's employees performing services shall be neat,appropriately attired, clean and courteous; Lessee shall not permit its contractors, agents or employees so engaged to conduct business in a loud, noisy, boisterous, offensive or objectionable manner, to smoke on duty in public view or while preparing food, or to solicit business outside the Premises in any manner whatsoever except through the use of authorized signs; 3.8.9 it will meet all expenses in connection with the use of the Premises and the rights and privileges herein granted, including without limitation, taxes, permit fees, license fees and assessments lawfully levied or assessed upon the Premises or structures and improvements situated thereon, and that it will secure all such permits and licenses; 3.8.10 it will not interfere with free access and passage in the space described in section 2.2.3 or in the Terminal generally; will not interfere with effectiveness of heating or ventilating systems; except in connection with section 3.13 it will not install locks on any door or window, a key to which has not been provided to the Director of Aviation; will not permit loitering or sleeping on the Premises; nor do any act which would invalidate, suspend or increase the rate of fire, property or liability insurance required by this Lease or carried by the City; and 3.8.11 it will operate at the Airport only under the name Tailwind, Jetstream Burger Bar,Boarding Time Burritos, Co-Pilot Coffee,Tailwind Bistro, or such other name or names approved by the City from time to time. 3.9 New Government Regulation. In the event City is required to make additional direct expenditures in connection with the implementation of any future federal regulation imposed upon City as a result of Lessee's operation during the term of this Lease, City may call a conference for the purpose of discussing and determining methods of compliance and recovery from the City and affected Lessees of costs so incurred, and Lessee and City agree to attend and negotiate in good faith regarding its participation in recovery of such costs by all involved parties. 3.10 Recycling. Lessee shall provide separate receptacles by which its customers may recycle wastes generated in the Premises. Lessee shall make a good faith effort to recycle,but at a minimum shall cause waste of cardboard, glass,plastic and newspapers generated by and in conjunction with its operations to be deposited so as to reasonably assure its recycling. 3.11 Manager. Lessee shall select and appoint a person or persons who shall serve as manager(s) of Lessee's operations at the Airport. Such person(s) must be vested with full power and authority to accept service of all notices provided for herein, including those regarding the quality and prices of foods and beverages and the appearance, conduct and demeanor of Lessee's agents and employees. A manager or assistant manager shall be available during regular business hours, either on the Premises or by telephone. Food and Beverage Concession Lease 6-20-13 Page 15 of 28 3.12 Liquor License. 3.12.1 Lessee shall take all reasonable actions necessary to maintain the Liquor License in continuous and full force and effect; shall submit renewal applications on a timely basis to renew the Liquor License; and, shall hold and operate the Liquor License in accordance with all applicable federal and state laws and regulations,during the entire term of this Lease and any exercised option terms hereof, all at its own cost and expense. 3.12.2 Lessee shall at all times be qualified and capable of holding and renewing the Liquor License and performing the alcoholic beverage services required under this Lease. If Lessee shall be deemed unqualified or incapable of performing such alcoholic beverage services under applicable regulation of law, or by determination of a regulatory agency having jurisdiction,the same shall constitute a default hereunder if not remedied within thirty (30) days following receipt of written notice. 3.13 Security Requirements. 3.13.1 Lessee shall provide approved escort for vendor employees and delivery personnel requiring access to the secure area of the Terminal. 3.13.2 Lessee shall comply with any applicable provisions of the City's Airport Security Plan(ASP) Security Directives issued by TSA, and any applicable rules and regulations which may be promulgated by TSA from time to time, which have been provided to Lessee ("Security Requirements" hereinafter). Lessee shall submit to inspections by TSA, the City and/or their security screening contractor, to ensure compliance with Security Requirements. 3.13.3 Any violation of conformance with Security Requirements will be documented in writing and a copy of the violation notice provided to the Lessee's Manager in writing. Lessee will investigate the violation and provide a written response and/or corrective action within twenty four (24) hours. A copy of the response will be provided to the City. 3.13.4 To the extent that any action or omission by Lessee,its officers or employees, to follow Security Requirements results in the City being fined, including any type of monetary assessment or penalty (collectively, a "Fine"), by TSA or any other governmental entity having jurisdiction,Lessee shall promptly reimburse the City for any such Fine, together with the reasonable costs incurred by the City in defending against the proceeding or actions which has resulted in the Fine. The City shall notify Lessee if any such Fine has been proposed, and give Lessee the opportunity to join in the defense of any such proceeding. Lessee shall promptly pay any Fine levied directly against Lessee by TSA or any other governmental entity having jurisdiction, no later than five (5) days after any protest or appeal process have run or the time for taking them has expired. Food and Beverage Concession Lease 6-20-13 Page 16 of 28 3.13.5 Lessee acknowledges that all products delivered and transported to the secure portion of the Terminal are subject to inspection. All Lessee employees, officers and escorted visitors in the secure area of the Terminal are subject to search, and may be required to provide appropriate credentials. 3.13.6 Lessee acknowledges that all Security Requirements which are shown or provided to it under paragraph 3.12.3 above, are sensitive security information("SSI") in accordance with 49 CFR Part 1520, that Lessee and any involved persons are required to protect the same from unauthorized disclosure, and that civil penalties may be imposed for failure to do so. The Lessee's general manager(the "Manager")is the designated primary point of contact for receiving any SSI which Lessee receives. The Manager will acknowledge receipt of S SI to the City, and confirm any actions taken by Lessee as required by the SSI. All SSI materials shall be stored in secured areas, or locked in secured cabinets, within the Lessee's Premises at the Airport. Materials marked as containing SSI shall be disposed of by shredding. 3.14 Lessee's Acquisition Requirements. As set forth in paragraph 2.2 above,the City shall deliver the Premises,fixtures, equipment and furnishings specified herein to Lessee as they are improved. As set forth in paragraph 2.2.7 above, the City shall also provide the equipment and furnishings identified in Exhibit C. IV. OBLIGATIONS OF CITY 4.1 Quiet Enjoyment. The City covenants that upon paying the rent and performing the covenants herein contained,Lessee shall peacefully and quietly have,hold and enj oy the rights granted herein for the agreed term. 4.2 Maintenance and Utilities. 4.2.1 During the term of this Lease, the City shall maintain and keep in good repair so much of the Terminal Building, not identified in section 2.2 above, as is not under the exclusive control of individual lessees, in accordance with applicable laws, rules and regulations. 4.2.2 The City shall also be responsible for washing the outside of exterior windows. 4.2.3 The City shall provide dumpsters or similar containers into which trash collected from Lessee's normal operations, and other Airport operations may be deposited, and shall arrange and pay for at its expense the periodic collection of the same. Food and Beverage Concession Lease 6-20-13 Page 17 of 28 V. TERM 5.1 Term. Subject to earlier termination as hereinafter provided, the primary term of this Lease shall be for five (5)years commencing on August 15, 2013. 5.2 Option to Renew. The term of this Lease shall automatically renew for one option period of three (3) additional years, unless the City notifies Lessee in writing at least six (6) months prior to expiration of the primary term of its intent not to exercise the Option. In the event the City notifies Tenant of its intent not to exercise the Option term, Lease shall terminate upon expiration of the primary term. 5.3 Holding Over. Holding over or failure to vacate the Premises at the end of the primary or any renewal term shall not be construed to be the granting or exercise of an additional term, but shall create only a month-to-month tenancy under the other terms and conditions of this Lease, which may be terminated by either party upon thirty (30) days' notice to the other. VI. TERMINATION, SURRENDER AND DAMAGES 6.1 Termination by Lessee. Lessee shall have the right, upon written notice to City, to terminate the Lease upon the happening of one or more of the following events if said event or events shall then be continuing: 6.1.1 The issuance by any court of competent jurisdiction of any injunction, order or decree which remains in force for a period of at least ninety (90) days, preventing or restraining the use by Lessee of all or any substantial part of the Premises, or preventing or restraining the use of the Airport for normal airport purposes or the use of any part thereof which may be used by Lessee and which is necessary for Lessee's operations on the Airport. 6.1.2 If City shall materially default in fulfilling any of the terms, covenants or conditions to be fulfilled by it under this Lease and shall fail to cure said default within thirty (30) days following receipt of written demand from Lessee to do so, or if such default shall reasonably take more than thirty (30) days to cure, City shall not have commenced the same within the thirty(3 0)days and diligently prosecuted the same to completion. 6.1.3 If all or a material part of the Airport or the terminal building shall be destroyed by fire, explosion, earthquake, other casualty, or acts of God or a public enemy. 6.1.4 If the United States Government or any of its agencies shall occupy the Airport or any substantial part thereof to such an extent as to interfere materially with Lessee's operation for a period of thirty (30) consecutive days or more. 6.1.5. If all commercial air service is suspended at the Airport for a period of more than thirty (30) days. Food and Beverage Concession Lease 6-20-13 Page 18 of 28 6.2 Default by Lessee. The following shall be considered an act of default by Lessee under this Lease: 6.2.1 Failure by Lessee to make any payment due hereunder within fifteen (15) calendar days after written notice of the past due payment is sent to Lessee, 6.2.2 Failure by Lessee to conduct business at the Airport for a period of seven (7) consecutive days without reasonable cause including,but not limited to, strikes,work stoppage and equipment failures. 6.2.3 Material default in the performance of any covenant or agreement in this Lease required to be performed by Lessee, other than the payment of money, and the failure of Lessee to remedy such default for a period of thirty(3 0)days after receipt from the City of written notice to remedy the same, or if such default shall reasonably take more than thirty(30) days to cure, Lessee shall not have provided the City with documents evidencing such cure, and commenced the same within the thirty (30) days and diligently prosecuted the same to completion. 6.2.4 The occurrence of any actor omission by the Lessee resulting in suspension or revocation of Lessee's ability to provide liquor service under the Liquor-License for a period exceeding thirty (30) days, or any default under said License by Lessee. 6.2.5 Failure to maintain and/or submit adequate records of its business and gross receipts at the Airport, as required by sections 3.2.4 or 3.2.5 of this Lease. 6.2.6 An act occurs which results in the suspension or revocation of any right,power, license, permit or authority necessary for the conduct and operation of Lessee's business authorized herein for a period of more than fifteen (15) days. 6.2.7 The interest of Lessee under this Agreement is transferred, passes to or devolves upon,by operation of law or otherwise, any other person,firm or corporation without the prior written consent of the City which consent shall not be unreasonably withheld. 6.2.8 An attachment or execution is levied, a receiver is appointed, or any other process of any court of competent jurisdiction is executed, which is not vacated, dismissed or set aside within a period of thirty(30)days, and which does, or as a direct consequence of such process will, interfere with Lessee's use of the Premises or with its operations under this Lease. 6.2.9 Lessee becomes insolvent, or takes the benefit of any present or future insolvency statute, or makes a general assignment for the benefit of creditors,or files a voluntary petition in bankruptcy, or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States or of any state, or consents Food and Beverage Concession Lease 6-20-13 Page 19 of 28 to the appointment of a receiver, trustee or liquidator of all or substantially all of its property or its property located within the Premises. 6.2.10 Lessee fails to provide services and/or products required to be provided under this lease for any period which, in the reasonable opinion of the City, materially and adversely affects the public interest at the Airport. 6.2.11 Any lien is filed against the Premises because of any actor omission or Lessee and such lien is not removed, enjoined or a bond for satisfaction of such lien is not posted within thirty (30) days. 6.2.12 Lessee voluntarily abandons, deserts, vacates or discontinues its operation of the business herein authorized, including by acts described in the section above. 6.3 Remedies of the City. Upon the occurrence of any event of default under section 6.2 above,the City shall have the right at any time thereafter to pursue one or more of the following remedies with or without notice or demand. Pursuit of any remedy shall not preclude pursuit of any other remedy or any other remedies provided by law, nor shall pursuit of any such remedy constitute a forfeiture or waiver of any rents due to the City hereunder or of any damages accruing to the City by reason of the Lessee's violation of any term,condition or covenant of this Lease.All property on the Premises is hereby subjected to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Lease,any and all exemption laws are hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien is not a waiver of any statutory or other lien given or which may be given to the City but is in addition thereto. Lessee agrees that if it defaults,the City Manager may, on thirty(3 0)days' prior written notice, sell Lessee's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property,if any,and then to the indebtedness of Lessee,with the surplus,if any,to be mailed to Lessee at the address provided herein. Lessee further agrees to hold harmless from and indemnify the City including its officers, agents, and employees against any loss or damage or claim arising out of the City's action in collecting monies owed it under this paragraph,except for any loss,damage,or claim caused by the willful misconduct of the City or its employees. 6.3.1 Terminate this Lease, in which event Lessee shall immediately surrender the Premises to the City, and if Lessee fails to do so,the City may,without prejudice to any other remedy which it may have for possession or arrearage in rents,enter upon and take possession of the Premises and expel or remove Lessee and any other person who may be occupying the Premises or any part thereof,without being liable for prosecution or any claim for damages therefore. Lessee agrees to pay to the City on demand the amount of all loss and damage which the City has suffered by reason of such termination,up to the date of such termination. 6.3.2 Without terminating this Lease, enter upon and take possession of the Premises and expel or remove Lessee and any other person who may be occupying the Premises, without being liable for prosecution or any claim for damages therefore, and re-let the Food and Beverage Concession Lease 6-20-13 Page 20 of 28 Premises and receive rents therefrom. Lessee agrees to pay the City on demand any deficiency that may arise by reason of such re-letting. 6.3.3 Enter upon the Premises, without being liable for prosecution or any claim for damages therefore, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse the City on demand for reasonable expenses which the City may incur in effecting compliance with Lessee's obligations under this Lease, and Lessee further agrees that the City shall not be liable for any damages resulting to the Lessee from such action. 6.3.4 Demand that payment for any amounts due be made by certified check,cashier's check or money order. 6.3.5 Draw upon the Performance Bond described in Section 3.4.5 herein in satisfaction of any past-due amounts hereunder,to be drawn monthly on the last day of each month after such termination,for a period of time not to exceed one year, or until the Premises are re-let to a replacement tenant, whichever event occurs sooner. 6.4 Non-Waiver. No condoning, excusing or overlooking by the City of any default or breach by Lessee at any time or times in respect of any covenant, provision or condition contained in this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or nonobservance, or so as to defeat or affect such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the City, except only an express waiver in writing. All rights and remedies of the City under this Lease shall be cumulative and not alternative. 6.5 Surrender of Possession. 6.5.1 On the expiration or other termination of this Lease as provided herein, Lessee's rights to use of the Premises, facilities and described herein shall cease and Lessee shall vacate the Premises without unreasonable delay. 6.5.2 Except as otherwise provided in this Lease, all equipment and other personal property brought or placed by Lessee in, on or about the Premises shall be deemed to be personal property and shall remain the property of Lessee. Lessee shall have the right at any time during the primary term or exercised option term of this Lease, and for an additional period of 10 days after the expiration or other termination of this Lease, to remove any or all of such personal property from the Premises, subject, however, to Lessee's obligation to repair all damage, resulting from such removal, normal wear and tear excepted. Any and all personal property not so removed by Lessee shall become a part of the Premises and title thereto shall vest with the City. The City may, however, at its option, require and accomplish the removal of said personal property at the expense of Lessee. Food and Beverage Concession Lease 6-20-13 Page 21 of 28 6.6 Force Maj eure. Neither the City nor Lessee shall be deemed in violation of this Lease if it is prevented from performing any of its obligations hereunder, other than the payment of rent or possession of statements, by reason of strikes, boycotts, labor disputes, embargoes, shortage of aircraft or fuel or tires as the direct result of governmental decree,acts of God,acts of the public enemy, acts of superior governmental authority, weather condition, riots, rebellion, sabotage or any other circumstances for which it is not responsible and which is not under its control. 6.7 Damage or Destruction of Premises. 6.7.1 In the event the Premises are substantially destroyed for any reason,this Lease shall terminate without further liability to the City, other than refund of any prepaid rent, unless the City elects, within thirty (30) days thereof, to restore or rebuild the Premises,in which case this Lease will be suspended until the Premises are restored or rebuilt, and if applicable, a Certificate of Occupancy issued. 6.7.2 In the event that the Terminal is damaged or remodeled in such a manner that the Premises or any part thereof must be temporarily removed,Lessee may, subject to City approval, relocate the Premises or such part thereof or may remove the same temporarily during such repair or remodeling. 6.7.3 Notwithstanding any of the foregoing,in the event any damage or destruction is caused by a negligent act or omission by Lessee,its sub-lessees,contractors, agents or employees,Lessee shall reimburse the City for its actual costs incurred in repairing the Premises. Nothing in this Lease shall be construed as a waiver of the right of the City to recover damages from Lessee arising out of the fault or negligence of Lessee. VII. ASSIGNMENT AND SUBLETTING 7.1 Assignment and Subletting. Lessee shall not at any time assign, sublet or subcontract its rights under this Lease without the written consent of the City, which consent shall not be unreasonably withheld. No such assignment, subletting or subcontracting shall release Lessee from its obligations to pay any and all of the rentals and charges and to otherwise perform Lessee's obligations under this Lease. No partial assignment or subletting of Lessee's rights under this Lease shall be permitted, unless such assignment is to an ACDBE pursuant to the requirements of section 8.7 below. 7.2 Successors to City. The rights and obligations of the City under this Lease may be assigned by the City, at the option of the City,without the necessity for the concurrence of the Lessee in any such assignment. VIII. OTHER AGREEMENTS 8.1 Rules and Regulations. Lessee agrees to observe and obey all laws, ordinances, rules and regulations presently existing or hereafter promulgated with respectto Lessee's operations Food and Beverage Concession Lease 6-20-13 Page 22 of 28 and use of the Airport and Premises. Nothing herein shall limit the right of Lessee to challenge any rule or regulation, or the application of such rule or regulation to Lessee. A current copy of which will be kept on file in the Director's office and available to Lessee during normal business hours. 8.2 Lease Subordinate. 8.2.1 The City shall be free,in the future,to renegotiate the Agreement on such terms and conditions as it deems appropriate and in the public interest,without any consent or approval of Lessee or any other person, and Lessee shall be bound by the terms of such renegotiated agreement. 8.2.2 This Lease shall be subordinate to any existing or future agreement between the City and the United States relative to the operation or maintenance of the Airport,the execution of which has been or may be required as a condition to the expenditure of federal funds for development of the Airport. 8.3 Non-Discrimination. Lessee, in its operations at and use of the Airport, shall not, on the grounds of race, color,national origin or sex, discriminate or permit discrimination against any person or group of persons in any manner prohibited by applicable law; shall abide by the provisions of the non-discrimination provision contained in the Agreement;and shall abide by the provisions of Part 21 of the Rules and Regulations of the Office of the Secretary of Transportation effectuating Title VI of the Civil Rights Act of 1964. 8.4 Inspection by CitX. The City,through its authorized employees and agents, shall have the right at all reasonable times to enter upon the Premises to inspect, to observe the performance by Lessee of its obligations hereunder, and to do any act which the City may be obligated to do or have the right to do under this Lease, or under any other agreement to which the City is a party or under applicable law. As to the non-public portions of the Premises, except in the event of emergency the City shall give Lessee prior notice of such inspections. 8.5 Service Entrances. The City shall have no obligation to provide any special service entrances,including those for utilities, other than those which presently exist in the Terminal. 8.6 Improvements on the Premises 8.6.1 Lessee shall provide construction plans, specifications,budgets and schedules for any and all improvements which it proposes on the Premises. Such plans and specifications shall be subject to City approval, which approval shall not be unreasonable withheld. The City may reject submissions which are not in accordance with applicable codes, rules, regulations, ordinances and statutes, and which, in its judgment, are inadequate or incompatible with Airport conditions or inconsistent with Airport architectural style and design or with uses not typically made of public use airports. Food and Beverage Concession Lease 6-20-13 Page 23 of 28 8.6.2 Prior to any construction of improvements,Lessee shall submit to the Director of Aviation certificates establishing coverage for workers compensation in the amounts and form required by Texas law, together with all permits and licenses required for construction of such improvements. 8.6.3 Any and all improvements placed or constructed on the Premises by Lessee shall,upon expiration of the primary or an exercised option term,or sooner termination of this Lease,be considered part of the Terminal and shall become the sole property of the City. 8.7 Airport Concessionaire Disadvantaged Business Enterprise "ACDBE"). 8.7.1 It is the policy of the City that disadvantaged business enterprises, including firms owned and controlled by minorities and/or women as defined in 49 C.F.R. Part 23, shall have maximum opportunity to participate in the performance of its leases. 8.7.2 In the performance of this Lease,Lessee hereby assures that no person shall be excluded from participation, denied benefits or otherwise discriminated against by Lessee in connection with the award and performance of any contract,including leases, covered by 49 C.F.R. Part 23 on the grounds of race, color, national origin or sex. 8.7.3 Lessee assures that it will include Sections 8.7.1 and 8.7.2 in all City approved subleases and cause all sub-lessees to similarly include clauses in further subleases. 8.8 Bankruptcy. Notwithstanding anything herein to the contrary,and the maximum extent permitted by applicable law and applicable court orders, in the event that a petition for relief under Title 11 of the United States Code or under any similar or successor federal, state, or local statute is filed by or against the Lessee (a"Filing"): 8.8.1 Lessee shall give the City immediate written notice of the Filing; Lessee will promptly confirm the outstanding amount of any obligations hereunder due the City as of the date of Filing; and Lessee will fully and timely perform all obligations arising hereunder commencing as of the date of the Filing. 8.8.2 Thereafter, Lessee will promptly determine whether it intends to assume or reject the unexpired term of this Lease, if any, and shall promptly advise the City of such determination; and Lessee will not seek to delay the date by which it will make the determination under this subsection and obtain any necessary third-party authorization (including court approval) therefore beyond the 60th day following the date of the Filing without the prior express consent of the City. 8.8.3 If Lessee determines that it wishes to assume this Lease, the Lessee will cure all defaults, compensate the City for all damages incurred as a result of such defaults, provide the City with adequate assurances of future performance,and comply with any and all other statutory or legal requirements prior to the effective date of such assumption. Food and Beverage Concession Lease 6-20-13 Page 24 of 28 8.8.4 If Lessee determines that it wishes to assume this Lease and assign it to a third- party, Lessee will give the City not less than sixty(60)days' notice of such intention, provide to the City all pertinent information with respect to the proposed assignee concurrently with the notice, cure all defaults, compensate the City for all damages incurred as a result of such defaults, provide the City with adequate assurances of future performance through the proposed assignee and comply with any and all other statutory or legal requirements prior to the effective date of such assumption and assignment. 8.8.5 If Lessee wishes to reject the unexpired term of the Lease, if any, Lessee will not seek to have the effective date of such rejection determined to be a date earlier than the date on which Lessee shall return control and possession of the Premises to the City in the condition and on the terms set forth herein relevant to the redelivery of possession to the City, and shall fully and timely pay all rent and other charges through the date of such rejection. 8.8.6 Lessee shall be deemed to have expressly consented to the modification of the stays of proceedings in any Filing in the event of any post-Filing default by the Lessee under the terms of this Lease for the purpose of allowing the City to exercise any default rights or remedies arising from such default. 8.9 Reservation of City's Rights. Notwithstanding anything herein to the contrary,the City reserves the following rights: 8.9.1 For the use and benefit of the public, the right of flight for the passage of aircraft in the air space above the surface of the Premises, together with the right to cause in that air space such noise as may be inherent in the operation of aircraft utilizing the Airport. 8.9.2 During time of war or national emergency,the right to lease the Airport or any part thereof, including the Premises or any part thereof, to the United States Government for military purposes, and,in the event of such lease to the United States for military purposes, the provisions of this Lease shall be suspended insofar as such provisions may be inconsistent with the provisions of the lease to the United States. 8.9.3 The right to direct all activities of Lessee at the Airport in the event of an emergency. 8.9.4 The right to grant other leases, licenses, permits or rights to occupancy or use of the Airport so long as such other grants do not unreasonably interfere with or impair Lessee's rights hereunder or Lessee's occupancy or use of the Premises,and the right to direct changes in the way Lessee conducts its Airport operations in the event that the City determines,in the exercise of its reasonable judgment,that one or more aspects of Lessee's method of operation is unreasonably interfering with the lawful and proper Food and Beverage Concession Lease 6-20-13 Page 25 of 28 occupancy or use by others of the Airport. Provided, that this reserved right is not intended to allow the City to deny Lessee the basic right to use the Premises for any of the uses permitted hereunder. 8.9.5 The right to further develop and/or improve the Airport as the City deems appropriate, without interference or hindrance by Lessee, and the City shall have no liability hereunder to Lessee by reason of any interruption to its operations on the Premises occasioned by such development and/or improvement of the Airport; provided, that if Lessee shall be unable to conduct reasonably normal business operations on the Premises by reason of any such development and/or improvement of the Airport,then rent and other fees payable by Lessee hereunder shall be subject to an equitable adjustment during the period of such interruption. 8.10 Terminal Remodel and Reconfiguration. The parties acknowledge that the City operates the Airport to serve the public interest and must accommodate many activities in a limited space. In the event that during the term of this Lease, the City determines that the public interest requires modification of the Terminal,which would eliminate or modify all or any part of the Premises, or the City constructs a substitute Terminal Premises, then to the extent reasonably requested by the City, Lessee agrees to consult and cooperate in the design of substitute Premises in such a remodel; and 8.10.1 At the City's option, and providing that any such substitute Premises are not less in square footage than the current Premises, this Lease shall apply to such substitute Premises and Lessee agrees to conduct its operations therein pursuant to this Lease 8.10.2 The City shall bear all reasonable costs of relocation of Tenant to such substitute location and moving, reinstalling or replacing the Lessee Improvements, provided, however, that the City shall have no liability to Lessee with respect to any business interruption or loss as a result of such relocation 8.10.3 If either party does not elect to continue operations in such substitute Premises under this Lease, then either party may terminate this Lease upon one hundred eighty (180)days written notice of its intention to do so,provided,however,that Lessee,if it is not in default in any of the terms and conditions of this Lease, shall have the first right of refusal with respect to any proposed contract or lease for similar food and beverage service in the modified Terminal building. IX. MISCELLANEOUS PROVISIONS 9.1 Headings. The section headings contained in this Lease are for convenience in reference and are not intended to define or limit the scope of any provision. Food and Beverage Concession Lease 6-20-13 Page 26 of 28 9.2 Time of Essence. Time is of the essence in this Lease. 9.3 Attorneys'Fees. Lessee agree to pay reasonable legal fees or costs incurred by City,to the extent the City is a prevailing party in any legal action brought by the City to enforce the provisions of this Lease. Lessee shall not be responsible for such fees or costs if a court of competent juri sdiction finds that City's action was brought without substantial merit or in bad faith. 9.4 Non-Waiver. Waiver by either party of or the failure of either party to insist upon the strict performance of any provision of this Lease shall not constitute a waiver of the right or prevent any such party from requiring the strict performance of any provision in the future. 9.5 Limitation of Benefit. This Lease does not create in or bestow upon any other person or entity not a party to this Lease any right, privilege or benefit unless expressly provided in this Lease. This Lease does not in any way represent, nor should it be deemed to imply, any standard of conduct to which the parties expect to conform their operations in relation to any person or entity not a party. 9.6 Severability. Any covenant, condition or provision herein contained that is held to be invalid by any court of competent juri sdiction shall be considered deleted from this Lease,but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice the City or Lessee in their rights and obligations contained, in valid covenants, conditions or provisions. 9.7 Effect of Lease. All covenants, conditions and provisions in this Lease shall extend to and bind the successors of the parties hereto, the assigns of the City and to the permitted assigns, sub-lessees and/or subcontractors of Lessee. 9.8 Notices.Notices and demands provided for herein shall be sufficient if hand delivered to Lessee's manager on the Premises; sent by Certified Mail, Return Receipt Requested, postage prepaid; or sent via nationally recognized overnight courier service; to the addresses set forth above or to such other addresses as the parties may from time to time designate in writing. Notices given in accordance with these provisions shall be deemed received when hand delivered, and if not hand delivered on the day after they are mailed or deposited with the courier service. 9.9 Governing Law and Venue. This Lease shall be governed by and construed in accordance with the laws of the State of Texas, and any action to enforce or interpret its provisions shall be brought in a court in and for Nueces County, Texas. 9.10 Entire Agreement. This Lease, together with its Exhibits, embodies the entire agreement between the parties hereto concerning the subject matter hereof and supersedes all Food and Beverage Concession Lease 6-20-13 Page 27 of 28 prior conversations,proposals,negotiations,understandings and agreements,whether written or oral. 9.11 Nature of Relationship. Nothing contained herein shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent, partnership,joint venture, or any association between the City and Lessee,it being expressly understood and agreed that neither the method of computation of rent nor any other provisions contained in this Lease nor any acts ofthe parties hereto shall be deemed to create any relationship between the City and Lessee other than the relationship of landlord and tenant. 9.12 Modification of Agreement. This Lease may not be altered, modified or changed in any manner whatsoever except by a writing signed by both parties. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] IN WITNESS WHEREOF, the parties have executed this Lease on the dates stated below, effective as of the day and year first above written. CITY of CORPUS CHRISTI Attest: By: Armando Chapa Ronald L. Olson City Secretary City Manager Date.- 12013 CONCESSIONAIRE: Tailwind CRP, LLC By: Alan Giaquinto, President Date: (0 2013 Page 28 of 28 Food and Beverage Concession Lease 6-20-13 0 M rn� �(n ............. T x O O O %O O �0 O W Cn T� N� --------�qq� 111 1 A W 3L.., s DEPARTMENT OF AVIATION "' SOTIOSCALE G � PFFP lFF.I)13Y': EXHIBIT "'A" CEISBRUNO cr TAILRVTND rr 117-. vl_TOa c;oNZ v�z / U-17-13 CORPUS CHRISTI INTERNATIONAL AIRPORT 2013 r",' oEz I n 0 cry 2 i uo n 0 _ moo°— m 3 � W i,. {� I? 3 V/ ■ ........... ........................ t S£.... .... „'.. . 4 j ......... (.00 cf) ;;o cn Dr n m 0 rq n a s DEPARTMENT OF AVIATION NOT-1 O SCALE G � PFFP lFF.I)13Y': EXHIBIT "A" CRrSBRUNO TAILVIND rr 117-. vl_TOa c;oNZ v�z / (1(07-13 CORPS CHRISTI INTERNATIONAL AIRPORT 2013 ''°`�� zoEz EXHIBIT B MENUS r ✓ r �az� ` s t� y91gI i r Yrdl>,d k'(i 9. r ; x F u..�-1,rr �'r+� f f "�'' r z' �-'lrr�ci`✓ {t't { � z✓f T r £ri� r✓'�tr2, r,. 4 �; G ,'✓✓ �r „%as �UY r. . ✓' y f�°^ ?l3Yy ,rte y £:� �`3 r` ✓ld� �yr'flx �rz?�y�ri '$sl�h� r!n �� '� � a 5 �r�lz?r r{'';r ��lr� Y({ ?sr�r✓r,;!Sr a r Gr vs �� x�✓ 'r� >z rrr rr hl s { �.> r r v t ' ca rz, { 3 r Egg, American cheese and Your ,3'U RRI To Choice of Bacon or Sausage Shredded Beef car Chicken, Scrambled �z 1' Eggs, Monterey Jack Cheese tEa1�`;�. ,-31YRr?" 'sFt�- 1+�- ,.,,�, _. and Salsa in a Flour Tortilla Gi � i r✓ x ,%�J�s,��zr��l�fl. i,��{��". 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Combos Cheddar Cheese Pretzel M&M Plain Planters Peanuts Combos Cheddar Cheese Cracker Payday I Quaker Chewy Granola Bar Cracker Cheez-It Ong Reese's PB Cups Energy" Cracker Cheez-It Cheddar Jack Reese's Pieces Cliff Energy Bar Beat Naked Trail Mix Choc Chrr Skittles Cliff Molo Bar Bear Naked Trail Mx PcnAppIFIX Snickers Powerbar Bear Naked Trail Mix Cmbr Prt Starburst Zone Bars Cracker Cheez-It Original Twix Refrigerated Goods Cracker Chm-It Double Chs Gums and Ben and terry's Wholesome Medley Dentyne Ice Choco Taco Sensible Medley Dentyne Fire Giant ice Cream Sandwich California Almond. Extra Spearmint sC Cone NS Cluster Almond Crunch Extra WIntermint tce Cream Candy Bar Chex Mix Traditional Extra Blast Klondike Chex Mix Cheddar Orb!tSweetmint Magnum Bars Gardetto's Rye Roasted Garlic Orbit Arctic Ice Orerr Gardetta's Original Orbit Peppermint Reeses Ice Cream Fritos Chips Corn Drill XVL Orbit Wintergreen Toasted Almond Bar Peanuts Chipatle Big Bag Trident Ice Yoplait Yogurtfmultiple flavors, Planters Peanuts Ory Roasted Trident Spearmint Dannon Yogurt(multiple flavors! Trail Mix Nut&Chocolate Trident Bad I Hummus and Pita Chips Trail Mix Nut/Seed/Raisins Altoids Peppermint Lifesavers PepOmint Bag Big Red Gummy Bears Juicy Fruit Fruit Berries/Cherry FrtSnack Ice Breaker Fruit Strawberry Snacks Lifesavers Fruit Mixed Snacks Tic Tacfreshmint Ralsbrets Peg Bag Spree Chewy Peg Bag Cheetos Starburst Original Peg Pack Fritos Starburst Gummibursts Peg Doritits(multipte M&M's Milk Choy Peg Pack Ms.Vickies(muftiple flavors) M&M's Peanut Peg Pack Bold Gold Pretzels M&M*s Peanut Butter Peg Pack Sunchips(multiple flavors) Skittles Original Peg Pack Misc Cookies.Crackem.Ban Starburst Original Peg Pack Famous Amos Reese's PB Cup Mini Peg Pack Kam Sweet and Salty Trail Mix Twizzlers Strawberry Kellogs Nurri Grain Twizzlers Cherry Nibs Nature Valley(multiple flavors) Good&Plenty Nip Cheese Crackers Jolly Rancher Assorted Peg Bag Toasty Crackers Reese's Pieces Peg Bag Planters Peanuts Quaker Chewy Granola Bar EXHIBIT C City's F & B Services Equip 14 compartment bar sink w/ drain boards w/hand washing sink w/ speed rack 2 SS bar sink with ice cooler drain board w/ speed rack with Coke bar gun 1 SS bar sink with ice cooler w/drain board 1 10 ft S/S table with built in ice cooler Pepsi dispenser w/under counter shelves 120 ft S/S island 1 Serve Well 3-vat steam table 3 Dynamic Cooking System 3 ft flat top grill 04FO6182A/ 01c005284 1 Dynamic Cooking System 3 ft char grill 94h08034a 1 Dynamic Cooking System 4 burner gas stove with oven 1 built-in S/S table with single vat sink 1 built-in 3 compartment sink with drain boards 1 10 ft S/S table 1 S/S table with built-in cup dispenser 1 Vulcan 35 pound fryer 48-149480 1 5 ft S/S table and hood system with Ansul system 2 S/S 4 compartment sink with drain board 1 5 ft S/S table with vegetable washing sink 1 10 x 20 Koo1Co walk-in refrigerator 16 ft hood with Ansul System Page 1 of 1 Exhibit C to Tailwind Lease C C O O CO O C C O © © O Ln O N Q c�0 Q. LA M M UD O •v rl en G Q q Q O O G O O Q e t, D LLn Ln Ln O LOA O 1� N N Ln 1� rl rf� zog Y e-1 M m f' C Q M Q O O O O! O O O C; O O O O O O 0 O O O O O C LA LA to O LA > N 1� N N Ln N O O V N O O O O O O pop Q O O i O' O r o Lri Ln n O oil� H l W �a L cc mmmm 3� H a G r. tr3�r�;3y: L V W L C' J to bQ N w ? 7r fir( m .� m M is, f'l V 47 GJ N •� Q w tai N \ Q tw x `5gg1's Fir OJ ++ .a A O CL a f N 4-0 V cr�' •c O O tw #. `w O +.' EXHIBIT F INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee shall not commence business under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. B. Lessee shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/ aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises— Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired &Non-owned LIQUOR LIABILITY $1,000,000 Per Occurrence WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' All States Endorsement if Lessee is not domiciled COMPENSATION ACT AND PARAGRAPH 11 OF THIS In Texas. EXHIBIT. EMPLOYER'S LIABILITY $500,000/ $500,000 / $500,000 C. In the event of accidents of any kind related to this project, Lessee shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Lessee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and EXHIBIT F endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, Lessee shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. 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). Lessee 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. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555-Fax # D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy which requires a waiver of subrogaton. • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's Lease Agreement should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain EXHIBIT F any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to discontinue sales hereunder, until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's operations covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2013 Insurance Requirements Aviation Department Food and Beverage Concessionaire RFP 4/1/2013 ds Risk Management r��l✓r/r %rrf/'`f.�i✓t'rT931'�r� ��f?4��f'l?�� ' / l l////r rr,`✓�191 >>�r �f r �� /// rr�.r r�;rt✓rsy�jnf7£,f��f��z2rf rr� �i� l�i✓r / r r/s�r'�j rl�.s�F�,s��r�3��J2S r%� �If// T l ✓/'/':rr€lT x��l��✓3� ✓ j//�/rrrr f��rt i.//srp�r 3#'r��nff� r�%/ r/'r✓/'fs r?'r �fr�li�r`lai�'d�? ,,.„ // // ry rrr ✓ 'fd j}rJr l✓` JJsy� 'ir��%�i/T/✓r�r ri�J`rl/r�l?✓/�,�3Tfj�prr(1��`# %��/rrrr // t r r ✓rl �ft 13�# % �iir '✓/%/f rrr�lr/r ��/�/�lrji�f ��. i%�.riir/%�,�rf i el/a i�rs✓'�,`-fx�sl��tl��;r} ;," ,,.. ;,,, ,� r %/l rl r rY r Illr-,�'1�l•Jrsi?'.«, �� ... � �� /�r ✓�/rrr //r✓ /r ?�Ir sJ�13 n�� 1 � , ,. r r//Tr i/ r rI/ / ✓rf� €�u 2�� r/r%/�/rlr rt r f�,rP✓ /£f/ aLr r Tr r .:'„ ,, / r/jam/ rr i�/f,:F✓ li i��lry��# ✓i� /�r + Jrrrr✓�Tlr � //r��/ / r r 1rfr r� . ;-r� �� rr r/Frr/ r✓,r nY(IT lt��`r7} //✓ r/ r s 'irr�/fit t7j5� rrrr r rli/!/ /r t t lr fri''f1��>'s - //////��/�l r /r r✓r/ f''�✓€f,`�''f%a�i k�i} are �i/ %/��//r .t f✓�f✓fr/��l rvr7�?� r ri�irlj/� r� r ✓lf ��?/�tij ", ' .,..; %r rrr/� l� r` ,.r✓`n/jf r//`.�`' r �� .. /il��%� r ✓ /r?Mfr "7 J� > �3 ///� ,r rr`3i✓r'f� �'� //��l�/�//✓ r l�'r rt?�r'�l?fps pTr��ijr'/'�`�'�� „ :.., ,',.� r % %r�✓/ I r i %'rrr ,��SS�J�.%3> /�/ / ////✓rr/ /✓ir/Srrri7tS��rfr✓r��§ �� r l�// /// r Jr✓✓r� 'r J� 3u^��t�� r � / 0�r r/ r '✓yT�r/��5�� / ii /r o r r'✓ r lam/ r�ir�lf�� ' ri %r r% ✓r'. f��/-3��r?£fr�r ter` r 1.1 US A oil �%l�r��//rf/r p r✓r�;.'rI'�r'�jj�;;`�� /s j 3Qr� buo �, 5 > CL O CO L ,- Ol ,f�11 r l O ; x o Mid ° ljs V N ca U O U U U - w 0 N c O z cn — O U / a, IS O -1-j a3 7 Q oC U Q cn J� �af�w f�Y ill`r /f r 7s7r / bA •— +J / � � W � •_ � all O < CL }� +- , E C: Q bA W cn (3) o > , •_ fm, p ca O � f E E Q) _ Q , fir V •- E r a--+ 0) � J a-J L W ^�, w w hho W (3) • O O O CL 41 �//s w V J� �`✓�/ ''� ✓�{ �'"' k�s�J'l'rf r f $�� filsr� 1: �,�;,l✓>�r� rr�j n �r � �� r � S'or r 7 1 ��5 g S�s s ;,S��r £f� ,, sr �j } ✓ ✓-, r li� ✓�'� t J r u,�✓�� fr(fr ;r" F�� } k 's� '��t 1�� fir✓�� ,�$ D ¢ k� Y H �I !�'i FF� ��If j� F � ' ��'u�r� �S>fr�1 i'/r'�7 sr� � 1 � �' D r Jg 1 ✓t; j IJr�; ,�S„ �$frl �� /C, z �£ s�✓,r r 3 �/z} �� UYI }t ill �1�. {E �r5 II y �: i� III � � ri �«. «� �� .� >?o Sir x-.' � �::�" fl' i ` �`d ra,�' � g t��; � 1��? i �� F< � r�� £ ✓� ��ipr f�sf /cfF S f s 'y'� � ,✓ �� r✓�"��7 f f �r „/�,iyj'i� Ana � ir�� °%�� %��'�� ✓�✓�?�3 �,'S` s`" iG s�� r � " �s ` f / � , r � � r ,� �� ,� ,,v, r}� ;rh' ., � F✓r a F'tSrfi rr ;`. � �S F� 1z �s ,�Z <✓}�, s rr f, s� c 3z1; �'`rl� f��' � �r i✓sc��t s .,� ;✓ �.,� / C is ,�} r✓� 4r.� ;;% �� r � i �� ,. �� ;; .;��>� '� ✓✓,;� '� � ry�� '� J7'21�� P��rS ? r� ✓s ��S �� , ��£3 ;��o �. � �� 7'�,sa-��?��;F' ,,fir, yr12 ✓'r'rl ��'} / r r�r�� t� t � s£r . �s�t�i ��s �r ;.. €g� z�3' .� } ;'l /✓z� r��i?��7 t: y s£�Id �d�� jr Fzr�rs�rvr"rl1t�� Y M�rd�� '/l a� ✓i��r y✓ �" � � %✓//fj lrr l�✓f� '�'� sr�f moo, ,✓;}�ti //✓'p /r rs 3�, r✓ s � r 1�h1 /as �� //l Jfl��f��} p '.;%fill �} '��SE � tV %r} f��rzk� 6 j�� /�'�r�� .A _r�'.i r Y f... is✓�,�is3f1} ti,,. � � � i, ., � ';� ✓. ✓✓ ✓ n%?rS l�s3 �b�S�frF# i�l�?r �4J �.✓ ff'�,YT j� o`' � � 11 ,n ��'`l f�d� a �� `Y�Tn� �'� � � �'t�j� r, r e� }� �`� �' ��6".� r z. 7a�� bra t t,o ru �d � �� <� � � i it � j4?,� f{3 -._ �' §i 4�� i � � , „�� ,. i„� ,� � �° }j��. ��f� ,j'��. , � �� °��'s� ,,, ,�� %'�t� ly 171} �.,��:l �b�� rr4 ��} '��r�� i�l �� XZt �t� ✓71 �l } �7s f� S��s ;�� f �{z� .� ,�� ,y ��j�f `.”,rfr2,�� 1 ��(�� "�� .;�f?�I) �';�irf ;//%"fptfif /f�}�s 9�� 7f�� r�� '�� { � ��t� t �Y aT. 6��7� � � �l�}f� °� %�� p' oi�� `�}'�, J� ��:� aril ,�f�v�� .r.,I OI s.l. � .r ff�, rf�„�f ri,s, r.r..,f,r.::(ff� i ��m`'fr ter .sF/�Q �l(/::yrz��? �f�/��f ,=x >€f'2 .:,Ju /,�-„� 5 r� i{/�f�z/1�},.zZtft�`�sS"")d� �1�7(s 4�„>~ ll'3�3r�)�i r r';2�7�£� u'�i,2`r rfllr.f '.u�Jisj T� .!4h`zrtrP�a .-?1`t3t7 / ti}sh �}sZ9t .)Ill f� �{� .,.,,,. 2,.�M�.,.:, „ ,,..,,c�.i., �,,,1,.,;,. „,ds3..,sr c......,,,tr,l.,.�i,>'.�...I:�..��i z/ s�K„_„/ ir,�.,� %;..c? ;�:':` � �+ ��// ;:;% /t��2 �� /�� >'� ,. r /; � 3i�� s err �. d ,� a r, � } �° � r t` f� �� c'3 r �� fs rh �� Y �»�, f� � � �, ii ,,i �� 4� 'r� r ,� � r p%1�� ` I f S2 �� ?k7J72 �; '��1 i� / r �' � �f�� rt �� f, � �, '/I�� . k � /rr2�) �� /�� ?{t � �'�� d /✓ ��' t �if/�Z f y � �,:��l r/Pz r d* 1, l �� l T lE ��y� f / z r / /� ��,r/ l� 9 �� ,� �, �� fps (} �r�r�U I �/% i � � '� // % !////i�4 /y I ii� / � �� iii; ' � �,:�3� �`�3 �% � �-: ��rZ � r i � i 1 /r8/ F� �� ,f r i /?� / � '4 f rFr,. .� rf� �i�� ii /�� /l/�v} �r�(> ' '? �l ",'� ;;/fr3� l�� f r r ��;�yt3 / z� "�� s �3�� ;.� , 3 Eri r / It f � a 0 s Y f�i 1 r 5a� f{3 n r( �F�Jz 4 CI Yp tti��f t� i ` _ r t j�DJ 1 r„ l 1QR l �3 i / 7 i f� i,l fti {�r� ",z �i f�f ,f'� i'�1�� i�f1 "'�i�1 ��/ %'� 3`b rJ` ��` t is�, �J l y F� z �� r i. IQ <� �� f3 f$f� �� /� �� /��$ �� r�� O `%�'� 3'�� ,`;,//r�`,,71 �/ �r�7� //�� i �{fE /it�� f 4l3 r i }} l t �� /rtt� ��} �l it r��i i �� ye lI�1; l/��Z� �1�� !'I��„ %�f��f� <:<� �} ;,��3 `�� i` �# t��}, r � lr�� f� �,�� }£�� °%�� s ��f' ' r ��f� /�� / �� ;Dl��t} . J� ��.��FIL ftiI / .f3.�' 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of July 9, 2013 1852 Second Reading for the City Council Meeting of August 20, 2013 DATE: June 17, 2013 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager WesP@cctexas.com (361) 826-3082 Ordinance —Amendment to LEASE AGREEMENT RE: Nina, between the City of Corpus Christi and the Columbus Sailing Association. CAPTION: Ordinance authorizing the City Manager or designee to execute an amendment to the Lease Agreement with the Columbus Sailing Association ("CSA") for the lease of the Columbus ship, Nina; appropriating $8,800 of revenue in the No. 1020 General Fund from the sale of lead ballast from the Santa Maria for payment to CSA for the cost associated with the repair and restoration of the Nina; changing the FY 2012-2013 operating budget adopted by Ordinance No. 029565 by increasing revenues and expenditures by $8,800 each; providing an effective date; and providing for publication. PURPOSE: The purpose of this item is to amend LEASE AGREEMENT RE: Nina, between the City of Corpus Christi and Columbus Sailing Association. BACKGROUND AND FINDINGS: In 2001 the City of Corpus Christi undertook limited maintenance of replicas of the 15th Century Spanish sailing vessels, Nina, Pinta, and Santa Maria. In 2006, Spain gifted the ships to the City. In 2009 the CSA contacted the City requesting to repair, restore and maintain the three Columbus Ships. After considerable community discussion, Council directed staff to prepare a lease agreement with the CSA. In April 2010, Council approved LEASE AGREEMENT RE: Nina, with the CSA to repair, restore and maintain the Nina, as Phase One in a five phase plan. The lease agreement was for a term of 15 years. The lease agreement also specified that requirements regarding Phase Two through Phase Five would be addressed in future agreements or amendments to LEASE AGREEMENT RE: Nina, at a later date. Upon completion of all five phases, the City would transfer ownership of ships to the CSA. In March 2013, the CSA requested that the City amend the existing lease to remove CSA's obligations associated with the Pinta and Santa Maria in order to allow them to focus on restoring the Nina. The major elements of this amendment to LEASE AGREEMENT RE: Nina include: • Providing additional funds and a completion deadline for Phase One. • Providing specific rules, regulations and requirements for Phase Two. • Eliminating the repair, restoration and maintenance of Pinta and Santa Maria, from Phase Three. • Providing an opportunity for the CSA to salvage items from the Pinta and Santa Maria to be used in the restoration of the Nina. • Providing for the allocation of funds from the sale of additional lead ballast from the Santa Maria to the CSA for costs associated with the repair and restoration of the Nina. • Deleting Phase Four and Phase Five. ALTERNATIVES: None that staff would recommend OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms with legal policies. EMERGENCY/ NON-EMERGENCY: Non-emergency Ordinance shall be read at two regular meetings of the council and shall not be finally acted upon until the twenty-eighth day after the first reading thereof. Ordinance shall become effective upon the expiration of sixty days following the date of its final adoption by the council. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 $8,8001 1 $8,800 BALANCE $8,8001 1 $8,800 Fund(s): General Fund RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance - Amendment: LEASE AGREEMENT RE: Nina Contract—Amendment: LEASE AGREEMENT RE: Nina CoF* - Amendment: LEASE AGREEMENT RE: Nina Ordinance authorizing the City Manager or designee to execute an amendment to the Lease Agreement with the Columbus Sailing Association ("CSA") for the lease of the Columbus ship, Nina; appropriating $8,800 of revenue in the No. 1020 General Fund from the sale of lead ballast from the Santa Maria for payment to CSA for the cost associated with the repair and restoration of the Nina; changing the FY 2012-2013 operating budget adopted by Ordinance No. 029565 by increasing revenues and expenditures by $8,800 each; providing an effective date; and providing for publication. Section 1. That the City Manager or designee is authorized to execute an amendment to the Lease Agreement with the Columbus Sailing Association ("CSA") for the lease of the Columbus ship, Nina. Section 2. That $8,800 of revenue is appropriated in the No. 1020 General Fund from the sale of lead ballast from the Santa Maria for payment to CSA for the cost associated with the repair and restoration of the Nina. Section 3. That the FY 2012-2013 operating budget adopted by Ordinance No. 029565 is changed by increasing revenues and expenditures by $8,800 each. Section 4. The effective date of this ordinance is 60 days following final adoption by the City Council. Section 5. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Amendment: LEASE AGREEMENT RE: Nina STATE OF TEXAS § COUNTY OF NUECES § This amendment is made to the Lease Agreement: RE Nina entered into by and between the CITY OF CORPUS CHRISTI, a Texas Home-Rule Municipal Corporation, and the Columbus Sailing Association, a Texas 501(c) 3 Nonprofit Corporation. 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. TERM AND PAYMENT OF RENT: The lease term for the Nina shall be the "Lease Term" set forth in the original lease agreement. In lieu of payment, CSA agrees to maintain the Nina. RENEWAL: Upon mutual agreement between both parties, CSA shall have the option to renew this lease for a period of 15 years under the same terms and conditions as contained in the original lease agreement with amendments. CSA shall give City written notice of CSA's intention to renew at least 90 days prior to the expiration of this lease. SEVERABILITY: If any article, section, subsection, paragraph, sentence or clause of this Agreement shall be deemed to be illegal, invalid or unenforceable for any reason, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement. If any change occurs during the term of this Agreement with respect to any laws, rules, regulations or ordinances which affect the rights or obligations of CSA or the City under this Agreement, CSA and the City shall negotiate in good faith to bring this Agreement into conformance with such change or changes. PHASE ONE The repair, restoration, and maintenance of the Nina ADDITIONAL CITY PAYMENT FOR REPAIR: The CITY shall pay an additional $8,800 to CSA for the cost associated with the repair and restoration of the Nina, which includes finishing the main deck caulking, setting the mizzen mast on the upper deck, bringing down the foremast and bowsprit to refurbish, replacing the foredeck, refurbishing the foremast & bowsprit, replacing the cap rail on starboard side, cutting notches into the main mast for pulleys & shrouds, removing the old main mast, setting a new main mast, and removing the anchors. The CSA is also to purchase four mooring cleats with bolts for the mooring location. The funds may be used to pay for labor and equipment. The funds may be used for insurance cost during phase one. CSA will provide paid invoices to the CITY to account for the funds. COMPLETION OF PHASE ONE: Phase one is to be completed within 365 days from execution of this agreement. Upon completion of restoration of the Nina, CSA will notify the City in writing of completion of phase one. Completion of phase one will begin phase two. PHASE TWO Staging facilities to conduct Nina operations Page 2 of 7 PLAN FOR FUNDING: Within 90 calendar days of the entering phase two, the CSA will provide the CITY an up to date itemized plan for funding with evidence of actual monetary commitments or materials that will be donated to the CSA for maintenance and operation of the Nit~ia. CSA will provide the CITY with an updated itemized plan for funding with evidence of actual monetary commitments or materials in 90 calendar day intervals following initial itemized plan. If the CITY finds that the actual monetary commitments or materials is insufficient to continue phase two, the CITY shall notify the CSA in writing of this deficiency. Deficiency may occur due to credibility of commitment or shortage of commitment. In the notice, the CITY shall identify the deficiency in actual monetary commitments or materials. The CSA has 90 calendar days from the date of notification to obtain actual monetary commitments or materials in the amount of the deficiency illustrated by the CITY. REQUIRED INSURANCE: As a condition of phase two, the CSA shall obtain, carry and pay the premiums for the insurance of the types and in the limits stated below in the inserted provisions. The CSA shall include the CITY as an additional named insured party on all insurance policies required. The CSA coverage must also include both paid employees and unpaid volunteers. INSURANCE REOUIREMENTS I. COLUMBUS SAILING ASSOCIATION'S LIABILITY INSURANCE A. Columbus Sailing Association must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Columbus Sailing Association must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Columbus Sailing Association must furnish to the City's Risk Manager or designee, two (2) copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a waiver of subrogation is required for the Workers' Compensation policy. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day written notice of cancellation, material Bodily Injury and Property Damage change, non-renewal or termination is required on Per occurrence 1 aggregate limit all certificates Commercial General Liability to include $300,000 per occurrence 1. Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Broad Form Property Damage 6. Personal Injury & Advertising Injury 7. Fire Legal Liability Page 2 of 7 Page 3 of 7 Business Auto Liability to include Hired and Non- $300,000 Combined Single Limit owned Auto Liability Commercial Property CSA is responsible for their own insurable interests in their property and equipment Workers' Compensation to include volunteers Which complies with the Texas. Workers (Applicable if any paid employees) Compensation Act and Section. II of this exhibit Employers Liability to include United States Longshore and Harbor Workers Act $500,000,1$500,000/$500,000 USL&H Protection&Indemnity(P & I) $ 300,000 per occurrence Including Hull Current value of NINA $100,000 C. In the event of accidents of any kind, Columbus Sailing Association must furnish the Risk Manager with copies of all reports of such accidents within ten(10) days of the accident. II. ADDITIONAL REQUIREMENTS A. As stated in Section I-B, Table, Columbus Sailing Association must obtain the applicable workers' compensation coverage or maritime exposure protection for its employees through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Columbus Sailing Association will be promptly met. B. Columbus Sailing Association shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at its' 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).Columbus Sailing Association 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. Columbus Sailing Association shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: Page 3 of 7 Page 4 of 7 City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax# D. Columbus Sailing Association agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • 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; • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten(10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Columbus Sailing Association shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Columbus Sailing Association's lease agreement 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 agreement. i F. In addition to any other remedies the City may have upon Columbus Sailing Association'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 Columbus Sailing Association to stop work hereunder, and/or withhold any payment(s) which become due to Columbus Sailing Association hereunder until Columbus Sailing Association demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Columbus Sailing Association may be held responsible for payments of damages to persons or property resulting from Columbus Sailing Association's or its subcontractors' performance of the work covered under this agreement. H. It is agreed that Columbus Sailing Association's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Page 4 of 7 Page 5 of 7 NOTE: The limits and types of coverages are subject to adjustment if upon review, it is determined that the activity requires increased levels and types of coverages. Columbus Sailing Association NINA Repair Revised ins. req. 2-13-13 ds Risk Mgmt Such insurance policies shall not be cancelled, materially changed, or not renewed, without 30 calendar days' prior written notice to the CITY. A certificate of such insurance coverage, reflecting the foregoing cancellation provision shall be furnished to the CITY, and copies of the insurance policies shall be promptly furnished to the CITY upon its written request. Failure of the CSA to maintain said insurance for the term of this AGREEMENT shall be grounds for the termination of this AGREEMENT by the CITY. OPERATIONS AND TOURS: CSA may facilitate tours. Facilitation of tours must follow the following safety rules and regulations: Safety Manager. CSA shall provide a Captain or officer to oversee the safety of persons aboard the Nina including security. The Captain or officer of the Niha must be present at all times during tours. Staff Requirements Regarding Visitor Safety Aboard. CSA shall provide two staff personnel for touring of the Nina. All staff guides will be provided a safety lecture concerning general marine safety related to visitors aboard the Nina. Safety location requirements for Nina staff are: (a) One safety person to be provided at top of gangway staircase to ensure and provide all visitors with a helping hand so as not to fall nor sustain injury. (b) One safety person to be provided at the bottom of(upper) quarter deck staircase to ensure and provide all visitors with a helping hand so as not to fall nor sustain injury. Required Safety Equipment. The Nina shall at all times be equipped with the following safety equipment: (a) Two throw-able life rings: one to be placed and visible on upper quarter deck and a second throw-able life ring to be placed and visible on starboard side lower deck. (b) A fire extinguisher to be placed in an accessible location a board the Nina. Tour Rules. CSA will enforce the following rules for safety of the public. (a) No visitors allowed upon raised foreword deck. (b) No visitors are allowed below decks nor companion way. (c) No visitors are allowed in the tiller room. Page 5 of 7 Page 6 of 7 The City reserves the right to deny operation and tours upon failure of CSA to comply with all safety rules and regulations. CSA must cease tours upon notification by the City of failure to comply with safety rules and regulations. The City will send written notice of default upon becoming aware of CSA failure to comply with the safety rules and regulations. Upon removal of right to operate tours, CSA must obtain consent in writing from the City to continue tours. ALARM SYSTEMS: CSA shall pay all costs associated with the operation of the fire detection system and electronic intrusion alarm, including the electric bill, the monitoring and maintenance fees and the telephone bill, while under this AGREEMENT. CSA be responsible for assuring that the fire detection system alarm and electronic intrusion alarm onboard Nina are activated. MOORING OF NINA: Nina may remain moored in her current location. PRESERVATION OF NINA: The CSA shall ensure the engine in the Nina is operational at all times. The CSA shall run the engine once a week to verify operational status and maintain the engine. The Nina shall be washed down once a month to aid in preserving the wooden ship. MOVING OF NINA: CSA shall not move Nina without prior written consent of the Marina Director. HURRICANE PLAN: The CITY Hurricane Plan currently in effect for Nina will continue under the supervision of the City Marina Superintendent. To this end, CSA shall keep Nina ship-shape and ready to be moved at a moment's notice in the event of an approaching hurricane. The CSA CSA crew members are to assist the Marina Patrol in towing including mooring operations in preparation of a storm, hurricane or inclement weather. End of provisions specific to Phase Two. PHASE THREE Disposition of the Pinta and the Santa Maria DISPOSITION: Due to significant disrepair, the Pinta and the Santa Maria will not be repaired by the CSA and is not subject to this lease. The City will consequently dispose of the Pinta and Santa Maria. The Pinta and the Santa Maria are the sole property of the City of Corpus Christi and CSA has no interest in the Pinta and the Santa Maria. SALVAGE: Upon execution of this amendment, the CSA will provide the City with are inventory of items to be salvaged from the Pinta and the Santa Maria. Items include all parts and material associated with the Pinta and the Santa Maria that can be used to repair and restore the Nina. Upon approval by the City Manager or designee, the CSA has 30 days to salvage any parts or material approved by the City Manager or designee. The CSA may not remove any items from the Pinta or the Santa Maria without City Manager or designee approval. The City is not obligated to provide the CSA with any salvageable items. CSA may seek additional items prior to final disposition. All requests for additional items must be approved by the City Manager or designee. PROCEEDS: The City shall reserve the funds received from the sale of lead ballast from the Santa Maria during the term of this lease agreement. The funds reserved will be used for payment to the CSA for repair, restoration, and maintenance of the Nina, including insurance Page 6 of 7 Page 7 of 7 and utility payments. Reserved funds may also be used for staging facilities (Phase 2) for the Nina. CSA will provide paid invoices and/or documented quotations to the CITY to account for the funds. The disbursement of funds to cover documented expenses will be paid within two weeks of the date of City approval. Such approval shall not be reasonably withheld. The City may cease to reserve the funds upon termination of this lease agreement. End of provisions specific to Phase Three PHASE FOUR AND FIVE Amendment: Phase four and five are deleted from the lease agreement. End of provisions specific to Phase Four and Five EXECUTED IN TRIPLICATE ORIGINALS this day of , 2013, at Corpus Christi, Nueces County, Texas. Columbus Sailing Association CITY OF CORPUS CHRISTI By LQe,, z , By John Torrey, President Ronald L. Olson, City Manager ATTEST: Armando Chapa, City Secretary Approved as to legal form: 2013 1V164 Buck Brice Assistant City Attorney For City Attorney Page 7 of 7 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of 07/09/13 852 Second Reading for the City Council Meeting of 07/16/13 DATE: June 28, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Director of Storm Water and Street Operations ValerieG@cctexas.com 361.826.1875 Ordinance approving and adopting an appeals process for the Street Maintenance Fee CAPTION: Ordinance adopting the Appeals Process for the Street Maintenance Fee attached as Exhibit "A" (Appeals Process); authorizing the City Manager to establish rules and procedures related to the Appeals Process; and authorizing the City Manager to take actions necessary to effectuate its purposes. PURPOSE: The purpose of this item is to establish by Ordinance a general appeals process for the Street Maintenance Fee established by Ordinance on its Second Reading by Council on June 25, 2013. BACKGROUND AND FINDINGS: On June 25, 2013, City Council approved on its Second Reading ordinances which established a Street Maintenance Fee and set policies and rates. Council had previously requested that staff develop an appeals process for customers. The attached Ordinance and Exhibit A reflect the general process staff anticipate using for such appeals by customers. ALTERNATIVES: Council may choose not to approve the proposed process. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The Ordinance follows all appropriate policy. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends passage of the Ordinance in all of its parts. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A — Street Maintenance Fee Appeals Process Presentation Ordinance adopting the Appeals Process for the Street Maintenance Fee attached as Exhibit "A" (Appeals Process); authorizing the City Manager to establish rules and procedures related to the Appeals Process; and authorizing the City Manager to take actions necessary to effectuate its purposes. WHEREAS, on June 25, 2013, the City Council adopted Ordinance No. 029876 which established the Street Maintenance Fee; WHEREAS, on June 25, 2013, the City Council adopted Ordinance No. 029877 which established the policies, rates, and methodologies for the Street Maintenance Fee; WHEREAS, Ordinance No. 029877 requires the City Council to adopt an appeals process related to the Street Maintenance Fee; WHEREAS, the City Council desires to adopt an appeals process in order to provide customers with a way to appeal certain limited factors used to calculate the Street Maintenance Fee; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An Appeals Process for the Street Maintenance Fee attached as Exhibit "A" (Appeals Process) is adopted for purposes of providing a way for a customer to appeal certain limited factors used to calculate the Street Maintenance Fee shown as a charge on the customer's city utility bill. SECTION 2. The City Manager is authorized to establish rules and procedures to administer the Appeals Process. SECTION 3. The City Manager is authorized to take all actions necessary to give effect to the stated purposes of the Appeals Process. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor ORD adopting Appeals Process for the Street Maintenance Fee Pagel cf 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor ORD adopting Appeals Process for the Street Maintenance Fee Page 2 of 2 S City of Corpus Christi Q= Street Maintenance 1852`° es (rye��y��,� The charge of the Street Maintenance Fee (SMF) is reflected on a customer's monthly utility bill. Calculation of the SMF is based on several factors and charged to benefitted properties in accordance with Article XX of Chapter 55 of the Code of Ordinances. Payment of the SMF is part of a customer's utility bill payment. Payment can be made through the same process utilized for all other utility bill payments. The City's Utility Business Office (UBO) is the main point of contact for customers regarding the SMF. Residential Customers may contest their residency status or active meter status. Once UBO receives notice of a request a change to residency status or active meter status, a UBO Resolution Officer will verify the customer's information and status. If the requested change is warranted, the UBO will correct the record and revise the bill accordingly. Residential Customers who are eligible may request a Low Income Discount (Discount). The customer will need to fill out an application form provided by UBO and then submit the completed form to the Nueces County Department of Human Services (NCDHS) for processing and approval (using the same screening process as NCDHS' Operation Heat Help). If NCDHS determines the customer is eligible to receive a Discount, the NCDHS will issue an approval voucher or certificate, which the customer will then provide to UBO in order to apply for a Low Income Discount adjustment to the SMF. The Low Income Discount is 50% of the customer's SMF and is good for one year only. One year after the Discount is applied, a customer's charge of the SMF will be automatically reinstated. Customers must reapply on a yearly basis (through the same NCDHS and UBO procedure described above) in order for the Discount to apply to the customer's bill for the next year. It is a customer's responsibility to apply for a Discount. If a customer fails to apply for a Discount in any year, they will be required to pay the full amount of the SMF. The City will not issue refunds or credit related to the Low Income Discount. Non-Residential Customers may appeal certain factors used in calculating the SMF by filing for an appeal. Appealable factors include: square footage (SF), land use designation (LUD), multi-meter/single business square footage cap application, the number of active water meters, and residency status — inside city limits/outside city limits (ICL/OCL) status. UBO provides Appeal Request Forms with instructions. The customer will complete an appeal form and submit it to the UBO for processing. Upon receipt of a completed appeal form, a UBO Resolution Officer will conduct a review. . If the UBO Resolution Officer recommends approval of the appeal, the city records will be updated and the customer's bill will be adjusted. If the appeal is denied, a customer may appeal to the Street Maintenance Fee Appeals Board (Board). If the Board approves, the records will be updated and the bill will be adjusted. If the Board denies the appeal, then there will be no change to the customer's bill. Bill adjustments will be by credit or refund. Appeals Process Exhibit A 1 of 3 Three types of appeals require processing. Z, Sauare Footaae (SF) Appeal -Square footage is defined as; Square footage as recorded by the Nueces County Appraisal District tax records as 'living area'; UBO will direct the customer to the Nueces County Appraisal District (NCAD) where customers will file an appeal with the NCAD. Upon receipt a completed appeal form, the NCAD will assess the property to determine whether a change to the square footage of living area shown in the NCAD records is warranted. If NCAD approves the change, NCAD will update the NCAD records and provide UBO with the new square footage. UBO will coordinate with Development Services to update city records. UBO will adjust the bill and notify the customer. Bill adjustments will by credit or refund. 2, Land Use Desianation (LUD) Appeal - Land Use is defined as; Land uses identified and described in the Street Maintenance Fee Trip Factor Index derived from the ITE land use codes in the ITE Trip Generation Manual Y* Edition, The customer will complete an appeal form and submit it to the UBO for processing. Upon receipt of a completed appeal form, the UBO Resolution Officer will research the request and coordinate with Development Services staff to recommend an approval or denial of the requested change in the land use. If a change is approved, Development Services will update their records and coordinate with UBO to confirm the changes made and notify the customer. Bill adjustments will be a credit or refund. If the appeal is denied, the customer may request appeal to the Street Maintenance Fee Appeals Board. If the customer does not appeal to the Board, there will be no change in the land usage. If the customer requests to appeal to the Board, UBO will notify the customer of Street Maintenance Fee Appeals Board scheduled hearings. 3, Multi-Meter/Sinale Business Sauare Footaae Cap Application Appeal — Multi-metered properties with one (1) tax id and one (1) business use which exceed the square foot cap of 118,000 SF, The customer will complete an appeal form and submit it to the UBO. Upon receipt of a completed appeal form, the UBO Resolution Officer will research the appeal to make a recommendation for approval or denial. If the requested change is approved, UBO will update their records and notify the customer of the changes. Bill adjustments will be a credit or refund. If the appeal is denied, the customer may appeal to the Street Maintenance Fee Appeals Board. If the customer does not appeal to the Board, there will be no change. If the customer files an appeal to the Board, UBO will notify the customer of Street Maintenance Fee Appeals Board scheduled hearings. Street Maintenance Fee Appeals Board: Street Maintenance Fee Appeals Board will be comprised of five (5) members: 1) Assistant City Manager over Finance, 2) Director of Water or Director of Wastewater, 3) Director of Street Operations, 4) and 5) Two Citizens appointed by City Manager. Street Maintenance Fee Appeals Board Hearings: UBO Resolution Officer will provide the requested documentation and staff recommendation. Customers may advocate their case to the Board. Development Services will present their findings and Appeals Process Exhibit A 2 of 3 recommendation, after which the Appeals Board will decide whether to grant or deny the customer's appeal. If the change is approved and the appeal granted, Development Services and UBO will update the records to reflect the change. UBO will notify the customer of the changes made and credit or refund will be made. If the change is denied, no changes will be made, UBO will inform the customer of the decision, and no refund or credit will be made. Foradditional information contact: Corpus Christi Call Center (361) 826—CITY (2489) or visit www.cctexas.com Appeals Process Exhibit A 3 of 3 / r rir l" / r rs I" rrr °r s r:`/ / ';%/ ! /:: / r >3/ :rrr lrr rr r �t/r'r /. 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'� �' ,:r � � f � # ,,. r. #, # •' • �,r � � • # ,: r>.,. „r r:,` :.; r i r w r.. c N o f0 ::3 N 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of 07/09/13 852 Second Reading for the City Council Meeting of 07/16/13 DATE: June 28, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Director of Storm Water and Street Operations ValerieG@cctexas.com 361.826.1875 Ordinance amending the Code of Ordinances to establish a Street Maintenance Fee Bill Board of Appeals CAPTION: Ordinance amending the Code of Ordinances by adding Section Division 29, to Chapter 2, to establish the Street Maintenance Fee Board of Appeals; providing for severance; and providing for publication. PURPOSE: The purpose of this item is to establish a Street Maintenance Fee Board of Appeals. BACKGROUND AND FINDINGS: The Street Maintenance Fee Board of Appeals will consist of five members: the Assistant City Manager of General Government and Operations Support, the Director of Water or the Director of Wastewater, the Director of Street Operations, and two citizens appointed by the City Manager. Citizens who have complaints about their Street Maintenance Fee bill will be referred to this Board by the Utility Accounts Manager in the Utility Business Office. The Board will evaluate and resolve citizen complaints on a case by case basis. ALTERNATIVES: Council may choose not to create a Street Maintenance Fee Board of Appeals. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The Ordinance follows all appropriate policy. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends passage of the Ordinance in all of its parts. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Code of Ordinances by adding Section Division 29, to Chapter 2, to establish the Street Maintenance Fee Board of Appeals; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code of Ordinances is amended to add a new Division 29 titled "Street Maintenance Fee Board of Appeals" to Article IV of Chapter 2: CHAPTER 2. ADMINISTRATION ARTICLE IV. Miscellaneous Boards, Commissions and Committees DIVISION 29. STREET MAINTENANCE FEE BOARD OF APPEALS Sec. 2-284. Creation, purpose, membership, requirements. (a) The Street Maintenance Fee Board of Appeals ("Board") is established for the purpose of hearing and deciding appeals and matters related to the Street Maintenance Fee under Article XX of Chapter 55 of the Code ("Street Maintenance Fee") consistent with the Appeals Process for the Street Maintenance Fee adopted by the City Council ("Appeals Process"). (b) The Board shall be composed of five members: i) the Assistant City Manager over Financial Services; ii) the Director of the Water or Wastewater Department; iii) the Director of Street Operations; iv) a citizen appointed by the City Manager; and v) a citizen appointed by the City Manager. (c) Each citizen board member shall be appointed to serve a two-year term. (d) A citizen board member may be removed by the City Manager with or without cause. (e) The Board shall: ORD amending Cede to add Street Maintenance Fee Beard of Appeals to CH 2 Page 1 of 4 i) review any appeal filed in accordance with Article XX of Chapter 55 of the Code and the adopted Appeals Process for the Street Maintenance Fee; ii) hear and decide appeals of orders, decisions, or determinations made by the Resolution Officer of the Utility Business Office relating to the application and interpretations of the Street Maintenance Fee; iii) hear and decide any matter referred to the Board by the City Manager related to the Street Maintenance Fee; iv) perform other duties prescribed by ordinance; (f) The Board may not waive a Code requirement. (g) The Board shall hold meetings at the call of the chairperson and at other times as requested by the Board. (h) The chairperson, or the acting chairperson in the absence of the chairperson, may administer oaths and compel the attendance of witnesses. (i) Each case before the Board must be heard by at least 75 percent of the board members. (j) The concurring vote of 75 percent of the board members is necessary to: i) reverse an order, requirement, decision, or determination of an administrative officer or other staff member; or ii) decide in favor of an applicant on a matter on which the Board may hear under this section; (k) The Board shall render all decisions and findings in writing, file them with the Utility Business Office, and send copies to the appellant. (1) The Board shall prepare minutes of its proceedings. The minutes shall include the vote of each member on each item before the Board and shall state if a member is absent or fails to vote on an item. (m) The Board may establish rules and procedures consistent with this Code of Ordinances. 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 ORD amending Cede to add Street Maintenance Fee Beard of Appeals to CH 2 Page 2 of 4 affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor ORD amending Cede to add Street Maintenance Fee Beard of Appeals to CH 2 Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor ORD amending Cede to add Street Maintenance Fee Beard of Appeals to CH 2 Page 4 of 4 Cyr CO's � PH v AGENDA MEMORANDUM ��aRPO�aE� Future Item for the City Council Meeting of July 9, 2013 1852 Action Item for the City Council Meeting of July 23, 2013 DATE: June 3, 2013 TO: 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 Engineering Design Contract New Broadway Wastewater Treatment Plant CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $1,120,662.00, for the New Broadway Wastewater Treatment Plant for construction observation services. PURPOSE: The purpose of this Agenda Item is to execute the amended contract for the New Broadway Wastewater Treatment Plant. BACKGROUND AND FINDINGS: The existing Broadway Wastewater Treatment Plant is beyond its useful service life and capacity to provide reliable treatment. The project under construction is a new eight million gallons per day wastewater treatment plant located on land adjoining the existing plant, with a portion of the new plant built on top of exiting Broadway Wastewater Plant facilities. The project includes renovation of the Resaca Lift Station and provides for a new effluent outfall by separate construction contract. The new plant will provide state of the art treatment, meet all State and Federal environmental requirements/permits, provide for odor control and be developed in a manner to minimize impacts within the community. This contract allows Freese and Nichols, Inc. to provide Construction Observation Services for the remainder of Phase 1 and the entire duration of Phase 2 construction of the New Broadway Wastewater Treatment Plant. The City continues to maintain contractual obligations with Carollo Engineers, Inc. as Engineers of Record. Due to unanticipated schedule creep, the City has opted to compliment the team with inclusion of the Freese and Nichols, Inc. (FNI) Construction Observation team. The FNI team specializes on plant schedule reconciliation. The FNI team has already identified strategies to move project forward thus reinforcing the need to add FNI to the project team. The FNI team was involved in providing Peer Review Services for the subject project; therefore, they have a comprehensive understanding of the plant design. ALTERNATIVES: 1. Execute the Contract for Professional Services with Freese and Nichols, Inc. as proposed. 2. Do not execute the Contract for Professional Services Freese and Nichols, Inc. as proposed. OTHER CONSIDERATIONS: City staff continues to monitor overall project development. The introduction of the FNI Construction Observation team has been well received by all team members. The FNI Construction Observation team will replace previous Observation team. CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012-2013 Wastewater Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $37,630,600.00 $26,601,800.00 $11,350,000.00 $75,582,400.00 Encumbered / Expended Amount $37,630,600.00 $19,458,093.00 $57,088,693.00 This Item $1,120,662.00 $1,120,662.00 Future Anticipated Expenditures This Project $6,023,045.00 $8,458,745.00 $14,481,790.00 BALANCE $0.00 $0.00 1 $2,891,255.00 $2,891,255.00 Fund(s): Wastewater CIP #1 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $1,120,662.00. RECOMMENDATION: City Staff recommends the contract amendment be awarded to Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of$1,120,662.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint Presentation PROJECT BUDGET New Broadway Wastewater Treatment Plant PROJECT FUNDS AVAILABLE: Wastewater CIP.................................................................................. $64,232,400.00 Future CIP Request.......................................................................... $11,350,000.00 TOTAL.......................................................................................... $75,582,400.00 FUNDS REQUIRED: Construction New Broadway WWTP (Graham Construction Services)*........... $50,735,421.21 Remaining Contingency......................................................................... 3,760,808.79 Construction Estimate Broadway Effluent Line Rehab (TBD)......................... 2,873,000.00 Contigency......................................................................................... 287,300.00 Final Project Cost for Resaca Lift Station Improvements.............................. 2,204,788.00 Engineer Fees for New Broadway: Engineer(Carollo Engineers)**............................................................... 8,365,162.00 Engineer(Freese and Nichols) (INCLUDES THIS CONTRACT)***................. 1,531,560.00 Engineer Govind Development)**** 447,750.00 Geotechnical, Foundation, & Pavement Testing (Rock Engineering)............... 51,595.00 Construction Materials Testing (Rock Engineering)*****............................... 299,997.00 Tolunay-Wong..................................................................................... 5,465.00 All Points Environmental........................................................................ 4,527.00 Maverick Engineering........................................................................... 21,269.00 Urban Engineering............................................................................... 24,900.00 Ventura.............................................................................................. 46,700.00 Arcadis.............................................................................................. 9,555.00 Jackson Walker................................................................................... 17,393.00 Lloyd, Gosselink, Blevins....................................................................... 123,773.00 Engineer Fees for Effluent Line Rehabilitation: Engineer(LNV, Inc.)******...................................................................... 288,974.00 Engineer(Govind Development).............................................................. 49,500.00 Geotechnical Testing (Rock Engineering).................................................. 4,900.00 Construction Materials Testing (Estimate)................................................. 10,000.00 Other: Right of Way Acquisition..................................................................... 24,907.00 Equipment.......................................................................................... 1,900.00 Reimbursements.............................................................................. 1,500,000.00 TOTAL............................................................................................... $72,691,145.00 ESTIMATED PROJECT BUDGET BALANCE........................................... $2,891,255.00 *Contract awarded on November 10, 2009 by Motion No. M2009-313 **Contract awarded on February 12, 2008 by Motion No. M2008-033 ***Contract awarded on February 12, 2008 by Motion No. M2008-034 ****Contract awarded on September 16, 2008 by Motion No. M2008-249 *****Contract awarded on November 10, 2009 by Motion No. M2009-315 ******Contract awarded on November 8, 2011 by Motion No. M2011-249 File : \Mproject\councilexhibits\exh7293B.dwq F M. 624 .NUECES D.Ay ON = 0 OP 3 � R coRPUS N ° s Q ROgD � C3 CR IS71 a ref o � IH37 �Ay a o _ o a AGNES PGNES PROJECT "wv 44 z LOCATION �� o ° MoecnN �o Q ° SCI A BEPR ti0 \ z S� � S 9 McGL01N RD. Q�� W POINT 2 vq s LOCATION MAP NOT TO SCALE f " r t r �. ��J"4 N'i3^'rxu - �;,:.��: ^�,: i �fT£ � �r.r��;, .>,.,,.�� U b �. 2�✓?;P07�%1�}� g t } r l� s �A v, IE PC11T PROJECT SITE 1402 W. BROADWAY ST _ r .,' '4� "" awr3t" " 3 3 T•. ," ¢ F jfi� PP n ' f {y '�/" Wr �L.;w�,� ��,<� W �,��"✓u.,��4Td�� .l SITE LOCATION PROJECT# 7293 NOT TO SCALE NEW BROADWAY WASTEWATER CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI TEXAS v r TREATMENT PLANT DEPARTMENT OF ENGINEERING'SERVICES PAGE: 1 of 1 AMENDMENT NO. 3 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Freese and Nichols, Inc. agree to the following amendment to the Contract for Professional Services for New Broadway Wastewater Treatment Plant(Proiect No. 7293), as authorized and amended by: Original A/E Agreement December 12, 2006 Administrative Approval $24,900,00 Amendment No. 1 February 12, 2008 Motion No. M2008-034 $339,300.00 Amendment No. 2 April 24, 2013 Administrative Approval $46,698.00 Exhibit "A", Section 1. Scope of Services, Part B. Additional Services, shall be modified as specified below and in Amendment No. 3 Exhibit "A". Exhibit "A-1" Task List is added to provide a supplemental description to Exhibit "X. • Provide Construction Observation Services for the construction of the New Broadway Wastewater Treatment Plant Phase 1 and Phase 2. Exhibit "A", Section 11. Schedule shall be modified as specified in the attached Amendment No. 3 Exhibit "A", Schedule. Exhibit "A", Section Ill. Fees, shall be modified as specified in Amendment No. 3 Exhibit "A" for a revised fee not to exceed $1,120,662.00 (One Million One Hundred Twenty Thousand Six Hundred Sixty-Two Dollars and Zero Cents), for a total restated fee not to exceed X1,531,560.00 (One Million Five Hundred Thirty-One Thousand Five Hundred Sixty Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Amendment No. 3 Exhibit"B". All other terms and conditions of the December 12, 2006 and amendments to the contract between the City and Freese and Nichols, Inc. will remain in full force and effect. CITY OF CORPUS CHRISTI F REESM AND NICHOLS, INC. 2 Oscar R. Martinez (Date) R G6zmin, P.E., (Date) Assistant City Manager Principal 800 North Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 RECOMENDED (361) 561-6500 Office (361) 561-6501 Fax Daniel Biles, P.E., TDate ' f Director of Engineering Services -S 7- Operating Department (Date) AMEND. Nl:7) 3 31 Page I of 2, KkENGINEERING DATAEXCHANGEWENNIFER\WASTEWATER17293 NEW BRAODWAY VAVrPTREESE AND NICHOLMMEND.NO.31CONTRAGTICONTRACT.DOCX APPROVED AS TO FORM: Office of Management and Budget (Date) ATTEST Armando Chapa, City Secretary ENTERED Project No: 7293 MAY Fund Source No: 550950-4249-00000-190130 Fund Name:Wastewater 2012B GIP(Rev Bds) CONTRAG I MANAGER Encumbrance No: AMEND. NO. 3 Page 2 of 2 K:tENGINEERINGDATAEXCHANGEkJENNIFERkWASTEWATER\7293 NEW BRAODWAYWWWWREESE AND NICHOLS\AMEND,NO.=ONTRAG-RCONTRAGT.DOCX EXHIBIT"A" CITY OF CORPUS CHRISTI, TEXAS NEW BROADWAY WASTEWATER TREATMENT PLANT (Project No. 7293) I. SCOPE OF SERVICES A. Basic Services. No changes. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but FNI will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. FNI will, with written authorization by the Director of Engineering Services, do the following: 1. Public Involvement Assistance. No changes. 2. Construction Observation Services. (AUTHORIZED) Provide construction observation services with project representative (PR) and support staff to provide construction inspection from April 1, 2013 to January 31, 2015. A. Through such observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, FNI shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of FNI, and will confer with FNI regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Carollo (Design A/E), FNI, and Contractor, keeping the CITY advised as necessary. PR's dealings with Subcontractors shall only be through or with full knowledge and approval of Contractor. PR shall generally communicate with City with the knowledge of and under the direction of FNI. 2. Conference and Meetings: Attend meetings with Contractor, such as pre- construction conferences, progress meetings, job conferences and other project-related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E. 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: AMEND. NO.3 EXHIBIT"A" Pa e 1 of 4 K%Engineedng DataExehangaUENNIFER%WASTEWATER7293 NEW BRAODWAY W WTP%FREESE AND NICHOLSIAMEND.NO.3%CONTRAMExhibit Adocu A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on-Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain 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 Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, 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 A/E and the City. 8. Reports: A. Furnish 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. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. AMEND.NO.3 EXHIBIT"A" Page 2 of 4 KmMirawtN DawEuhamoUENNIFER%WASTEWATER17293 NEW BRAODWAY WW WREESE AND NICHOLS"END.NO.MCONTRACTSWbit Adocx 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 10. Limitations of Authority of Project Representative: A. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items), unless authorized by DESIGN A/E. B. Shall not exceed limitations of FNI's authority as set forth in Agreement or the Contract Documents. C. Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractor, Suppliers, or CONTRACTOR's superintendent. D. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. E. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work or any activities or operations of City or CONTRACTOR. F. Shall not accept shop drawing or sample submittals from anyone other than the CONTRACTOR. G. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by FNI. 3. Start-up Phase Peer Services. No changes. 4. Post-Construction Phase Peer Services. No changes. II. SCHEDULE Day Date Activity Begin Construction Observation Services— Monday Aril 1, 2013 Phase 1 Terminate Construction Observation Services— Thursday October 31, 2013 Phase 1 Begin Construction Observation Services— Friday November 1 2013 Phase 2 Terminate Construction Observation Services— Saturday January 31, 2015 Phase 2 AMEND.NO.3 EXHIBIT"A" Page 3 of 4 K%Engimeft DaW xdt�VFNNIFERIWASTEWATER 17290 NEW BRAODWAY WWTP%FREESE AND NiCNOt SAMEND.NO.3ICONTRACTW-xhbit A.doex Ill. FEES A. Fee for Basic Services. No changes. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the FNI a not-to- exceed fee as per the table below: Summary of Fees NEW BROADWAY WASTEWATER TREATMENT Project No. 7293 Original Amend. No. 1 Amend. No.2 Amend. No.3 Total Contract BASIC SERVICES 1 Preliminary Phase $24,900.00 $67,875.00 $0.00 $0.00 $92,775.00 2 Design Phase 0.00 $271,425.00 $0.00 $0.00 $271,425.00 3 Bid Phase 0.00 $0.00 $0.00 $0.00 $0.00 4 Construction Phase 0.00 $0.00 $0.00 $0.00 $0.00 Sub-Total Basic Services 24,900.00 $339,300.00 $0.00 $0.00 $364,200.00 ADDITIONAL SERVICES 1 Public Involvement Assistance 0.00 0.00 $0.00 $0.00 $0.00 2 Construction Observation Services 0.00 0.00 $46,698.00 $1,120,662.00 $1,167,360-00 3 Start-up Phase Peer Services 0.00 0.00 $0.00 $0.00 $0.00 4 Post-Construction Phase Peer Services 0.00 0.00 $0.00 $0.00 $0.00 Warranty Phase 5 Services(Not Authorized Sub-Total Additional Services 0.00 0.00 $46,698.00 $1,120,662.00 $1,167,360.00 Total $24,900.00 $339,300.00 $4608.00 $1,120,662.00 $1,531,560.00 12/12/2006 2/12/2008 4/24/13 Admin M2008-034 Admin M2013- Approval Approval AMEND.NO.3 EXHIBIT"A" Page 4 of 4 K%EngheWng Dat eExchengeUENNIFEMWASTEWATER7283 NEW BRAODWAYWOnPTREESE AND NICHOMAMEND.NO.3%CONTRACTTxhibitAdxx EXHIBIT "A-1" TASK LIST CITY OF CORPUS CHRISTI, TEXAS NEW BROADWAY WASTEWATER TREATMENT PLANT (Project No. 7293) Basic Services: 1) No changes. Additional Services: PUBLIC INVOLVEMENT ASSISTANCE 1) No changes. CONSTRUCTION OBSERVATION SERVICES - $1,120,662.00 1) Provide full-time construction observation services as described in Exhibit "A". a. Construction Phase 1 - $508,915.00 i. Provide a full-time Project Representative (PR) to provide construction observation for the duration of construction and start- up of Phase 1. (7 months @ 40 hours per week) ii. Provide a part-time Project Construction Observer (PCO) for the duration of construction and start-up of Phase 1. (7 months @ 32 hours per week and physically on site 10 days per month) iii. Provide a part-time Project Construction Observer (PCO) for weekend work for duration of construction and start-up of Phase 1. (7 months @ 3 weekends per month @ 12 hours per weekend and physically on site 6 days per month) iv. Provide a half-time Project Administration Assistant(PAA)for the duration of construction and start-up of Phase 1. (7 months @ 20 hours per week) v. Provide Construction Management Team services to review critical elements of construction on or off-site for the duration of construction and start-up of Phase 1. (7 months @ average of 80 hours per month) b. Construction Phase 2 - $611,747.00 i. Provide a full-time Project Representative (PR) to provide construction observation for the duration of construction and start- up of Phase 2. (15 months @ 40 hours per week) ii. Provide a part-time Project Construction Observer (PCO) for weekend work the duration of construction and start-up of Phase 2. (15 months @ 3 weekends per month @ 12 hours perweekend and physically on site 6 days per month) iii. Provide Construction Management Team services to review critical elements of construction on or off-site for the duration of construction and start-up of Phase 2. (15 months @ average of 80 hours per month) AMEND. NO.3 EXHIBIT"A-1" Page 1 of 2 K1Engirmring DataExchangaUENNIFER%WASTEWATER17293 NEW BRAODWAY WYVWREESE AND NICNOLSWMEND.NO.=ONTRACT6dsibit A7.doe 2) Provide detailed coordination with City staff during construction. START-UP PHASE PEER SERVICES No changes. POST-CONSTRUCTION PHASE PEER SERVICES No changes. WARRANTY PHASE SERVICES Not authorized. AMEND. NO.3 EXHIBIT"A-1" Page 2 of 2 K%ErVhoerbV DMaEnhmVeUENNIFER IWASTEWATER7293 NEW BRAODWAY VWYTP%FREESE AND NICHOLSIAMEND.NO.3%CONTRACTW-Xhibit A1.doc € m N p o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C) w \ \ \ O O "a 4) O O O N O 0 0 0 0 M N r m E Nam a O U 0 0 0 0 0 0 0 0 p p p o 0 0 0 0 o U) � H H H � �°O LO °o o > H � ° ° ° m m m °� °O ° ° O O o LO U) to u) > � � c> IL .w Oc� ° 0 0 LO O 00 O O Q Q Q O° °0 0 �°O 7 V O � 6 � � to N ' 1-> 69. C W +' O O 1pA O w O N N Q Q Q V to V 0 0 0 I- fit! N O r �p m m m I%. N r- OD 2 'r M M OD N r r I-f CO qqi N Z p = to EA EA tflr fA - I— F- O WCV 4) O N 0 0 0 0 0 O O I, O Il- Il- m Z Z d O N O N 'D F- �- 1- '0 N (0 00 r r CS W v O 'a � Ef3 cfl � 0 ) > E � IL a IL V o � ° ° ° N_ 0 2 � � I- 1- m~ N ° � N O o 0 o Z T- V-_ V- N Q V 0 0 0 O 0 O ° ° m m m °O O O O ` ooLOLO0 o F- PP0 000 � N C � 613. O V N U N U N ff1 U) N U- N O O C li U N O y V. m a v .� m ca Z CL O O N a U m C O O N Z a LL E U m ,� O N N '0 o t o E: Q Q E 'v, -v a � mU) aa � � a0cUnvo v') mQ � AMEND. NO. 3 EXHIBIT"B" Pa e 1 of 1 I SUPPLIER NUMBER TO BE ASSIGNED BYCRY PURCHASING DIVISION gby of CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST C ti MCity of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business t the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols,Inc. P.O.BOX: STREET ADDRESS: goo N.Shoreline Blvd.,Suite 160ON CITY: Corpus Christi ZIP: 78401 FIRM IS: I. Corporation ® 2. Partnership B 3. Sole Owner [3 4. Association 5. 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 Corpusrtsti having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A N/A 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm.' Name Board,Commission or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the 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 that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Ron Guzman,P.E. Title: Principal crnw or PrWn Signature of Certifying Date: Person: 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. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm.' Any entity operated for economic gain,whether professional,industrial or commercial,and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "OliiciaV 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, taut, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. c� U � VJ 'a r ,d 1 y. a Y+ �« /, #t � n U N U u, V) LPL . . O F, . C: U . V t � i U C:O m LL -6 c0 V u C: I (A :3 o 4-J � 4-JU 0 a o V Q o-,. 4� ^� 0 N U +.+ +.+ > > LL > Q �.0 =� (10 .4-) - 0- O c- 0LL U U 0 U O O O O .7 C: N • • rC Q N 'O C: Q U O CA Boa = ma- a- ULLLn (Aa- ULn L- � � r a a O O r i � n co CID �d}txo r 0 7i'7''l�y J O r«? frr M- OD ) m o r O m O 0 fa �► FQ%,ti` N N «7�'fr ir" � /1 1 \✓ �V f r ^ pF 4-) m vJ r-4 4-J f'r`'F�z�/fC�� Co =3 f 2 I cn N O N " L nt v m 1�1 xstr LL -ao ^ O p - _? IfrG. O N -j U � 4--+ O � 0 a Q Z 12 ms tSOME, E ^ E ^ z �r��€. Ln C lirf7f7r3 o U �TE +�.+ UE � C E C m2Ln UU (.0 N +-JUrl mLn L.L mLn L.L i a � g � n It- 'n r :,... d� U LU i F I � t � 0 O. O W 0 O 0 h O' 0 0 h O' 0 0 O' 0 0 Or' 0 0 0r' 0 O 0 0 OO' 0 h 0 O O O O O O O O O O O O O O O O O OO O O Om N ° W N 0 0 N W rr O O O O. Q 0 N W O N 0 W O N V O a N O M N_ (0. W V (0. NW . N M . W - O D N I N O N N O M h V N h W LO 'I V (O W h M N W V O (O M (N a0 M (O h N O (O M V N W N N 'I N N V N W O N Cf N h', r N N'. N cf. N 'I N N (N'.. (O W 'I W)O M N N N — N N V _LO E v Lo U V N N CD m 0 0 O W : N U U Fm Ul w O O Z O C O z Y z z 0 O O V � o p o : = = U a3 o (n � .__ x .04 > D E CD 0- __ N LU >, c 0 4 m t E N .° °- U s s o o o 0 0 O Q N C W H ,� a) Q o o0 0 N N N O D W C N J O, O N (01 .N J a) Y E Q N N J a3 N a �1 � W 01 4 a3 a) > 0 a) ° a o o 0 E �,a E a 4 z z a - > m aN m a Z o- a) a a ° o m Z ° : o ° 0 0 ° o O a F a ° o Q ° ° a ° > m o ° ° ° > a o W ° ° ° ° ° a) o ° ° o N w m 0) E z w a D a ° m w 0 a ° 0 0 0, ° `m 0 a ° �_ �, (n o _° a C � m o a) E e o — a) a s -E ° a �, 3 7 U z o W U ° a° o �,.� o y aN > o' � o' a a 3 ° ° a a U H a a W o o o U U v o ° w,w � a ? U v o a) W U ° ° a W g U U) 2 S 2 0 ° a a a a > v w m', a ° U° a a a 2 Q ° o a) 0 d 0 7 O a) O O'. ° ° ° ° ° 0 O o ° a) as o', ° ° ° a) o a)'. p N U U LL a U a U U iL w w w w c� U H Q > > Q w w w c� U a w I � i l Ordinance Authorizing the City Manager or designee to accept a sub-grant in the amount of$40,000 from the Department of Homeland Security, FEMA, for funding eligible under the 2012 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department; and appropriating $40,000 in the No. 1061 Police Grants fund from the Department of Homeland Security, FEMA, to purchase law enforcement equipment for the Police Department. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Department of Homeland Security, FEMA, in the amount of $40,000 for funding eligible under the FY 12 PSGP to purchase law enforcement equipment for the Police Department. SECTION 2. That $40,000 is appropriated in the No. 1061 Police Grants Fund for the purchase of law enforcement equipment for the Police Department eligible under the 2012 PSGP grant That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of _ ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor WJWa ner, Inc. Maritime Consultants Grant# ; 2010-PU-TO-f_034-7 Subgrantee : CCPD Project : Dive Team Underwater ROV Fringe Consultants Other Date Personnel Benefits Travel Equipment Supplies /Contracts Costs Total 22-Feb-13 95299 95299 28-May-13 XFER of funds -40000 -40000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ? 0 0 0 0 0 0 0 0 0 Starting Amount 0 0 0 95299 0 0 0 95299 - Current _ —Total 0— - 0 55299 0 - -- 01 —0_ _ - 5529 ....... Remaining Amount 0 0 0 40000 0 0 0 40000 se 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 9th, 2013 I85 2 Second Reading Ordinance for the City Council Meeting of July 23rd, 2013 DATE: 6/11/2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR @cctexas.com 361-826-7205 Women, Infants and Children (WIC) grant FY 13 Approval of grant amendment to increase funding CAPTION: Ordinance authorizing the City Manager or his designee to execute all documents necessary to accept and appropriate a grant amendment in the amount of $12,460 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, increasing the award amount for the Women, Infants and Children nutrition program peer counselor project by $12,460. PURPOSE: The grant amendment allows the Health District Division to educate and encourage the breastfeeding women who are eligible for the program. By partnering with the Bay Area Hospital Women's Health Services, we are providing and encouraging initial breastfeeding opportunities soon after deliveries. BACKGROUND AND FINDINGS: The special supplemental nutrition program for women, infants, and children (WIC) is a health and nutrition program that improves the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition--related risks. This item approves an extension of the contract with the Department of State Health Services to provide services at the Corpus Christi- Nueces County Public Health District to over 5,000 low income women, infants, and children per month. This grant provides level funding. No matching funds required. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY I NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: CCNCPHD Legal Finance-Federal Grants and Office of Management and Budget FINANCIAL IMPACT: X Operating n Revenue a Capital n Not applicable Project to Date Fiscal Year: 2011- Expenditures 2012 {CIP only) Current Year Future Years TOTALS Line Item Budget $ 12,460 $ 12,460 Encumbered .Expended Amount This item $12,460 $12,460 BALANCE $12,460 $12,460 Funds):1066 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Amendment Award Letter WIC Contract Certification of Funds � z i r , OKU DEPARTMENT OF STATE HEALTH SERVICES P y A � Q This contract, number 2013-042712 (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$442,380.00, 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, aniendment 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 10/01/2012 and ends on 0313112013. 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: 2013-042712-001 NSSIWIC LOCAL AGENCY c. General Provisions (Sub-recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). 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. 926,18-1 1 i 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: VITAL RECORDS OFFICE ATTN TERE ESCALANTE CORPUS CHRISTI,TX 78469-9727 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. 92648-1 1 ' i 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: Ey/d _ Signature of Authorized Official Signature Date Date Bob Burnette, C.P.M., CTPM He-�-b Nmojes , hkw Asst. Cif r Printed Name and Title Director, Client Services Contracting Unit P i LA Address t 1100 WEST 49TH STREET 0 orvous + " AUSTIN,TEXAS 78756 City, Zip (512)458-7470 LNI 3432 Telephone Number Bob.Burnette @dshs.state.tx•us E-snail Address for Official Correspondence At'+S�YXt�l70 C#IAf'!i. r_.,�.> •. <<►;n UK,LL& 42698-1 h � CONTRACT NO. 2013-042712 PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO. 0000389057 CONTRACTOR: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) DSHS PROGRAM NSS/WIC LOCAL AGENCY TERM: 10/01/2012 THRU: 0313112013 SECTION 1. STATEMENT OF WORK: Contractor shall administer the Department of State Health Services (DSHS) Special Supplemental Nutrition Program for Women, Infant, and Children (WIC) to provide supplemental food instruments, nutrition education, and counseling to enhance good health care at no cost to low-income pregnant and postpartum women, infants and children identified to be at nutritional risk. Contractor shall: A. Perform professional, administrative and clerical services necessary to determine eligibility, provide food instruments, and provide appropriate nutrition education and counseling to qualified women, infants and children in a specified geographic area. Contractor shall ensure adequate staff coverage and uninterrupted delivery of services. Services shall be performed according to the statutes, rules, policies, and directives of DSHS Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and/or as directed by the United States Department of Agriculture (USDA) as referenced in this Program Attachment. During the term of this Program Attachment, USDA may issue regulations, instructions, policies and/or directives, which may be incorporated into the DSHS WIC Program Policy and Procedures Manual and program rules. B. Provide services within the state boundaries of Texas and in the approved clinic locations described in Contractor's application. C. Assist DSHS or USDA in the collection of data that will identify benefits of this nutrition intervention program and furnish financial, health, nutrition education and any other special reports in a timely manner as required by DSHS WIC Program's written rules and policies for the compilation of such data. D. Determine eligibility of applicants through assessment of their categorical income, residence and nutritional status, and provide nutrition education and counseling to eligible participants. E. Appoint a Contractor WIC Director/Supervisor. F. Train Contractor's Local Agency staff. PROGRAM ATTACHMENT—Page I r G. Submit the following reports/plans by the due date; 1. Monthly Incentive Funding Summary Report by the 15th day of the following month; and 2. WIC Local Agency Performance Measure Report by the 15th day of the following month. H. Conduct outreach to potential participants, 1. Complete surveys as requested. J. Within five days of receiving a DSHS request for a Vendor Evaluation, Contractor shall contact vendor applicant to set up an appointment to conduct the evaluation, Contractor shall conduct on-site evaluation, completing WIC Vendor Evaluation Forms and fax/return forms to the DSHS no later than one business day after the on-site evaluation. K. Determine participants' access to health care, medical care and other human services, and make appropriate referrals. Contractor shall have a system in place to provide participants with appropriate health services or make appropriate referrals to health care providers under written agreements that ensure confidentiality of participants' personal information. L. Issue pre-numbered food instruments furnished by DSHS to qualified participants who shall use such instruments to obtain specified food items from participating vendors; maintain complete accountability and security of all food instruments received from DSHS. Contractor shall be held financially responsible for all unaccounted for food instruments and/or for the redeemed value of those issued to ineligible participants. In addition, Contractor shall be held financially liable for issuance of infant formula instruments that are not authorized or prescribed according to the WIC Policy and Procedures Manual. M. Permit DSHS or its agent to install a Very Small Aperture Terminal (VSAT) or equivalent telecommunications equipment at all Contractor WIC clinics and administrative offices using Texas-WIN software on a network or stand alone personal computer. Installation at all Contractor permanent WIC sites is required. VSAT or other telecommunications equipment installations for new sites or sites moving from one location to another requires a minimum of 45 days notice. N. Connect portable computers (notebook or laptop) that use Texas-WIN software daily to a (VSAT) or other DSHS provided-telecommunications access point to transfer data to and receive updates from DSHS. Daily is defined as Monday — Friday and Saturday if WIC services are provided. Portable computers may go to any of the Contractor's permanent WIC sites for data transfer. PROGRAM ATTACHMENT—Page 2 O. Review the immunization records of WIC Program applicants/participants to ensure that immunizations are current. Make appropriate referrals to health care providers for necessary immunizations. P. Offer services during extended hours of operation outside the traditional times of 8:00 a.m, to 5:00 p.m., Monday through Friday, according to the Contractor's Annual Plan of Operations as approved by DSHS and incorporated by reference in this Program Attachment, Q. Implement or expand Contractor's Breastfeeding Peer Counseling program to provide training and salary of peer counselors who assist pregnant and breastfeeding WIC participants in normal breastfeeding situations, Funding for this activity will be contingent on availability and written approval by DSHS. R. Implement special projects according to DSHS-approved plan related to nutrition education, outreach or breastfeeding if project is requested by Contractor and approved by DSHS. Funding for special projects is contingent upon availability and approval in writing by DSHS of the Contractor's plan for the special project. S. Implement lactation services for WIC participants who have breastfeeding problems that are beyond the expertise of Contractor's local WIC staff and/or peer counselors using International Board Certified Lactation Consultants or the most qualified equivalent. Lactation services may also include Contractor's Local WIC Agency staff training and the provision of lactation equipment. DSHS will provide written approval of Contractor's plan to use lactation funding. Contractor's plan shall include qualifications of any non-board certified lactation consultant, which is included in the proposal. T. Ensure adequate staff coverage and uninterrupted delivery of WIC services if any member of Contractor's staff is approved in writing by DSHS to participate in the DSHS Dietetic Internship program. This internship will consist of no less than 1200 hours of supervised learning experiences in a variety of nutrition-related facilities and will prepare Contractor's selected staff member to better meet the needs of WIC participants. U. Stock DSHS-provided manual pumps, single-user electric breast pumps and multi-user electric breast pumps, collection kits, and purchase additional sized flanges. Distribute the appropriate pumps, kits, and/or additional sized flanges to eligible WIC participants. During the term of this Program Attachment, DSHS reserves the right to withhold payment if Contractor fails to accurately complete and submit breast pump receiving reports within three(3) business days of receiving a DSHS breast pump delivery. V. Implement or expand Contractor's use of a Registered Dietitian (RD) who is registered with the Commission on Dietetic Registration to provide for Contractor that includes, but not limited to: assistance with quality assurance, staff training, assistance with the Annual Nutrition Education and Breastfeeding plan, individual counseling for high-risk participants, and facilitated discussion classes. PROGRAM ATTACHMENT---Page 3 Contractor shall comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date of this Attachment as amended, including, but not limited to: 1. Uniform Federal Assistance Regulations, 7 CFR Parts 15, 15a, 15b, 246, 248, 3016, 3017 and 3018; 2. WIC Program and Farmers' Market Nutrition Program Rules, 25 Texas Administrative Code, §§ 31.11-31.37; and 3. Child Nutrition Act of 1966, as amended,42 USC 1786. The following documents are incorporated by reference and made a pant of this Program Attachment: 1. DSHS Standards for Public Health Clinic Services, revised August 2004, or latest revision; 2. USDA Food and Nutrition Service (FNS) Guidelines; 3, USDA FNS Instructions issued under the FNS Directives Management System; and 4. Current WIC Policy and Procedures Manual. Within thirty (30) days of receipt of an amended standard(s) or guideline(s), Contractor shall inform DSHS, in writing, if it shall not continue performance under this Program Attachment in compliance with the amended standard(s) or guideline(s). DSHS may terminate the Program Attachment immediately or within a reasonable period of time as determined by DSHS. All activities related to WIC, including timeframes, budget, and any revisions shall be approved by DSHS. SECTION 11. PERFORMANCE MEASURES The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Program Attachment, without waiving the enforceability of any of the other terms of the contract. Contractor shall ensure: 1) An average of 95% of families a quarter who participate in DSHS WIC Program by receiving food instruments shall also receive nutrition education classes or individual counseling services to coincide with food instrument issuance; 2) Of all pregnant women who enter DSHS WIC Program, an average of 20% a quarter shall be certified as eligible during the period of the first trimester of their pregnancy; 3) An average of 85.5% of clients a quarter who are enrolled in the DSHS WIC Program, excluding dual participants, transfer locked and/or migrant clients, shall participate as food instrument recipients each month (breast-feeding infants are also included in the client count); and PROGRAM ATTACHMENT—Page 4 4) 98% of participants who indicate during the enrollment process for the DSHS WIC Program that they have no source of health care shall be referred to at least one(1) source of health care at certification of eligibility. Contractor shall submit the WIC Local Agency Performance Measure Report which describes Contractor's efforts towards meeting performance measures. The report shall be in an approved format as provided by DSHS, and shall be completed and submitted to DSHS within fifteen (15) calendar days after the end of each month. SECTION III. SOLICITATION DOCUMENT: N/A SECTION IV. RENEWALS: DSHS may renew this contract for one renewal period if funds are available. SECTION V. PAYMENT METHOD: Cost reimbursement SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Forin B-13) and Financial Status Reports (FSR) and submit by electronic mail to DSHS Contract Development and Support Branch at WicVouchers @dshs.state.tx.us SECTION.VII. BUDGET: SOURCE OF FUNDS: CFDA# 10.557.000; 10.557.013 DUNS NUMBER: 069457786 All categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in accordance with the "Plan to Allocate Direct Costs" (PADC) submitted by Contractor and approved by the DSHS WIC Program. This document is incorporated herein by reference and made a part of this Program Attachment. Total reimbursements will not exceed: $442,380.00. SECTION VIII. SPECIAL PROVISIONS: General Provisions, Compliance and Reporting Article 1, Section 1.07, Statutes and Standards of General Applicability, is hereby amended to include the following: Contractor shall comply with all provisions required by implementing the regulations of the Department of Agriculture, 7 CFR Part 246, 248; Department of Justice Guidelines for.Enforcement of Title VI, Civil Rights Act of 1964; 28 CFR § 50.3 and 28 CFR Part 42; and Food & Nutrition Service (FNS) directives and guidelines, to the effect that no person will, on the grounds of race, color, national origin, sex, age, or disability be PROGRAM ATTACHMENT—Page 5 e excluded from participation under any program or activity for which Contractor receives -federal financial assistance from FNS; and hereby gives assurance that it shall immediately take measures necessary to implement this Program Attachment, Contractor shall compile data, maintain records and submit reports, as required, to permit effective enforcement of the nondiscrimination laws and permit authorized USDA and State of Texas personnel, during normal working hours, to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. The Department of Agriculture, Food and Nutrition Service (USDA), has the right to seek judicial enforcement if Contractor violates any nondiscrimination laws. This Assurance is binding on Contractor, its successors, transferees, and assignees, as long as they receive assistance or retain possession of any assistance from the Department of Agriculture. The person or persons whose signatures appear on the Core Contract are authorized to sign this Assurance on behalf of Contractor. Contractor shall comply with all of the requirements of the current WIC Policy and Procedures Manual and Program rules as well as state and federal laws and amendments governing or regulating the WIC Program. A copy of the current WIC Policy and Procedures Manual has been made available to Contractor. The WIC Policy and Procedures Manual, and all revisions made to the WIC Policy and Procedures Manual are incorporated into this Agreement by reference. Contractor has a duty to remain familiar with the contents within the WIC Policy and Procedures Manual. Contractor is responsible for ensuring that employees or agents acting on behalf of Contractor comply with all of the requirements of the WIC Policy and Procedures Manual, Program rules and all state and federal laws and amendments governing and regulating the WIC Program. General Provisions, Payment Methods and Restrictions Article IV, Section 4.01, Payment Methods,is hereby modified to include the following paragraphs; The participant caseload will be assigned by DSHS by giving written notice to Contractor. The participant caseload is subject to change upon written notice to Contractor from DSHS with Contractor's concurrence. Contractor assumes liability for all food costs resulting from Contractor exceeding its assigned caseload. The number of individuals served in excess of assigned caseload are not to be included in the calculation of earned administrative funds as described below. DSHS will reimburse Contractor for administrative costs incurred when determining eligibility, providing appropriate nutrition education and counseling, issuing food instruments, making participant referrals, vendor evaluation, outreach, start-up costs and general administrative support. Administrative costs will be reimbursed based on actual costs, but not to exceed the "maximum reimbursement" set out below, based upon the sum of the participants who actually receive food instruments each month plus infants who do not receive any food PROGRAM ATTACHMENT—Page 6 instruments whose breastfeeding mothers were participants to the extent that the total so derived does not exceed Contractor's total assigned caseload within any given month. Surplus fluids (the amount by which maximum reimbursements exceed actual costs) can be accumulated and carried forward within the Program Attachment term. Surplus encumbered by September 30 shall be billed and vouchers received by DSHS no later than sixty(60) calendar days following the term of the Program Attachment. PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT; During the term of the Program Attachment, Contractor shall earn administrative funds at the rate of$12.93 for each participant served as defined above. DSHS may pay for additional goods or services as specified in this Attachment if provided by Contractor during the term of this Attachment (but not otherwise paid during the term of this Attachment) if it is in the best interest of DSHS to do so, and funds are available. The Contractor will be notified if a change in funding occurs and will have thirty (30) days to provide written notice to the DSHS if it intends to terminate this Program Attachment. Contractor agrees that: (1) Contractor shall identify and document separately not less than 19% of total administrative costs as expenditures directly related to nutrition education and counseling. Nutrition education and counseling expenditures shall be supported by documentation of participant attendance or non-attendance within the DSHS WIC Program. (2) DSHS will reimburse Contractor for administrative expenses at a rate not greater than 5.26 times the amount of properly documented expenditures for nutrition education and counseling, but not more than is earned based on actual participation not to exceed Contractor's assigned participant caseload, plus any incentive funds allocated to Contractor by DSHS. (3) DSHS will limit (cap) reimbursement of Contractor's indirect costs at twenty (20) percent applied to Contractor's total direct salaries plus benefits reimbursed by DSHS. (4) DSHS will identify annually to Contractor an amount of funds that shall be spent for breastfeeding promotion. The allocation of breastfeeding funds to Contractor will be based on Contractor's proportional share of the statewide combined total of pregnant and breastfeeding participants as reported to DSHS WIC Program. (5) DSHS WIC Program also reserves the right to withhold a proportionate amount of earned administrative funds when evidence exists that nutrition education and/or PROGRAM ATTACHMENT—Page 7 bfeastfeeding promotion is not being provided by Contractor, or Contractor is not complying with the provisions of USDA and/or DSHS directives. (6) DSHS reserves the right to utilize a competitive offering for the award of any future contracts at the end of the term of this Program Attachment. (7) DSHS may amend or terminate this Program Attachment if available funds become reduced, depleted, or unavailable during the term of the Program Attachment to the extent that the WIC Program is unable to provide administrative funding at the rate(s) stated in this Program Attachment. DSHS will provide written notification to Contractor of such fact. (8) DSHS may pay for additional services as specified in this Program Attachment if provided by Contractor during the term of this Program Attachment (but not otherwise paid during the term of this Program Attachment) if it is in the best interest of DSHS and DSHS WIC Program to do so. If Contractor exceeds the amount of earned administrative funds as stated above, Contractor shall continue to bill DSHS for the services provided. If additional funds become available at a later date for the provision of these services, DSHS WIC Program may pay Contractor a share of these funds. (9) DSHS may provide incentives to Contractor's Local WIC Agencies for participants who are provided WIC services outside the normal traditional hour's to the extent that federal funding is available. (10) During the term of this Program Attachment, DSHS may adjust the base reimbursement rate as defined in this Program Attachment if it is in the best interest of DSHS and the DSHS WIC Program and if administrative WIC Grant funds change. Contractor shall indicate separately on the face of the claim for reimbursement (State of Texas Purchase Voucher, Form 13-13) the costs associated with nutrition education, breast-feeding, and other administrative costs. General Provisions, Payment Methods and Restrictions Article IV, Section 4.04, Working Capital Advance, is not applicable to this Program Attachment, However, Contractor will be allowed the option of receiving a two (2) month cash advance in accordance with WIC Program Policy and Procedures. General Provisions, Records Retention Article VIII, Section 8.01, Retention shall be replaced with the following; Recordkeeping requirements. Contractor shall maintain full and complete records concerning Program operations. Such records shall comply with 7 CFR Part 3016 and the following requirements: PROGRAM ATTACHMENT—Page 8 (1) Records shall include, but not be limited to, information pertaining to financial operations, food delivery systems, food instrument issuance and redemption, equipment purchases and inventory, certification, nutrition education, civil rights and fair hearing procedures. (2) All records shall be retained for a minimum of three years following the date of submission of the final expenditure report for the period to which the report pertains. If any Iitigation, claim, negotiation, audit or other action involving the records has been started before the end of the three-year period, the records shall be kept until all issues are resolved, or until the end of the regular three-year period, whichever is later. If USDA deems any of the WIC program records to be of historical interest, it may require DSHS or the Contractor to forward such records to the USDA whenever either entity is disposing of them. (3) Records for nonexpendable property acquired in whole or in part with WIC program funds shall be retained for three years after its final disposition. (4) All records shall be available during normal business hours for representatives of the USDA, DSHS and the Comptroller General of the United States to inspect, audit, and copy. Any reports or other documents resulting from the examination of such records that are publicly released may not include confidential applicant or participant information. General Provisions, Notice Requirements Article X, Section 10.01, Child Abuse Reporting Requirement,is hereby amended to include the following: If Contractor chooses to interview a client to determine if an affirmative defense to prosecution exists, as defined by DSHS, which would allow them under the DSHS policy to not make a report of child abuse, the Contractor shall conduct these interviews in the following manner; • For ineligible clients, the interview shall be conducted after the entire WIC visit is done. For eligible clients, the interview may occur at the point in time when all WIC activities, including communication of eligibility and individual counseling, are completed with the exception of food instrument issuance. • The interview shall be conducted only by a competent authority or a supervisor and in a confidential setting. • Prior to asking the client any questions, the interviewer shall inform the client that the questions have no bearing on the client's WIC eligibility and receipt of services. General Provisions, General Business Operations of Contactor Article XII, Section 12.02, Management and Control Systems, Item a, regarding internal budgeting and Item c, regarding billing,collection, and fee schedules are not applicable to this Program Attachment. General Provisions, General Business Operations of Contractor Article XII, Section 12.06, Overtime Compensation, is not applicable to this Program Attachment. PROGRAM ATTACHMENT—Page 9 General Provisions, General Business Operations of Contractor Article XII, the last three sentences of Section 12.20, Equipment (including Controlled Assets) Purchases, are not applicable to this Program Attachment. General Provisions, General Business Operations of Contractor Article XII, Section 12.23, Property Inventory and Protection of Assets, is amended to include the following: Contractor shall also maintain an inventory of equipment and designated reportable assets placed in the custody of the Contractor by DSHS, Contractor shall submit an annual cumulative report to DSHS Property Management Group in a format and upon a delivery date designated by DSHS. Contractor shall administer a program of maintenance, repair and protection of assets under this Contract so as to assure their full availability and usefulness. In the event Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assess provided under this Contract, it shall use the proceeds to repair or replace said assets. General Provisions, General Business Operations of Contractor Article XII, Section 12.26, Property Acquisitions, is not applicable to this Program Attachment. General Provisions, General Terms Article XIII, Section 13.15, Amendment, is replaced with the following: The Parties agree that the Department may unilaterally reduce funds pursuant to the terms of this Contract. Parties agree that this attachment may be amended during its term by Letters of Amendment to reflect funds awarded for special projects and to more accurately align the total Not To Exceed amount with funds the contractor may earn by contract performance. 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. PROGRAM ATTACHMENT—Page 10 Fiscal Year 2013 Department of State Health Services Contract General Provisions (Core/5ubrecipient) ARTICLE I COMPLIANCE AND REPORTING...............................................................................................S Section 1.01 Compliance with Statutes and Rules. .........................................................................................5 Section 1.02 Compliance with Requirements of Solicitation Document. .....................................................5 Section 1.03 Reporting. .....................................................................................................................................5 Section 1.04 Client Financial Eligibility. .........................................................................................................5 Section 1.05 Applicable Contracts Law and Venue for Disputes. .................................................................5 Section 1.06 Applicable Laws and Regulations Regarding Funding Sources. .............................................5 Section 1.07 Statutes and Standards of General Applicability. ....................................................................6 Section 1.08 Applicability of General Provisions to Interagency and Interlocal Contracts-,.....................7 Section 1.09 Civil Rights Policies and Complaints. ........................................................................................S Section 1.10 Licenses,Certifications,Permits,Registrations and Approvals. .............................................S Section 1.11 Funding Obligation. ....................................................................................................................9 ARTICLE II SERVICES................................................................................................................................I.........9 Section 2.01 Education to Persons in Residential Facilities. .........................................................................9 Section2.02 Disaster Services. .........................................................................................................................9 Section 2.03 Consent to Medical Care of a Minor. .........................................................................................9 Section 2.04 Telemedicine Medical Services. ..................................................................................................9 Section 2.05 Fees for Personal Health Services..............................................................................................10 Section 2.06 Cost Effective Purchasing of Medications. ..............................................................................10 Section 2.07 Services and Information for Persons with Limited English Proficiency...............................10 ARTICLEIII FUNDING.........................................................................................................................................10 Section3.01 Debt to State and Corporate Status. ........................................................................................10 Section 3.02 Application of Payment Due. ....................................................................................................10 Section 3.03 Use of Funds. ..............................................................................................................................10 Section 3.04 Use for Match Prohibited. .........................................................................................................11 Section3.05 Program Income. .......................................................................................................................11 Section3.06 NonsuppIanting. .........................................................................................................................11 ARTICLE IV PAYMENT METHODS AND RESTRICTIONS..........................................................................11 Section 4.01 Payment Methods. .....................................................................................................................11 Section4.02 Billing Submission. ....................................................................................................................11 Section 4.03 Final Billing Submission. ..........................................................................................................11 Section 4.04 Working Capital Advance. .......................................................................................................12 Section 4.05 Financial Status Reports(FSRs). .............................................................................................12 Section 4.06 Third Party Payors. ...................................................................................................................12 ARTICLE V TERMS AND CONDITIONS OF PAYMENT..............................................................................12 Section 5.01 Prompt Payment. .......................................................................................................................12 Section 5.02 Withholding Payments. .............................................................................................................12 Section 5.03 Condition Precedent to Requesting Payment. .........................................................................13 Section5.04 Acceptance as Payment in Full. ................................................................................................13 ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS...........................................................13 Section6.01 Allowable Costs. .........................................................................................................................13 Section 6.02 Independent Single or Program-Specific Audit. .....................................................................14 Section 6.03 Submission of Audit. ................................................................................................................14 ARTICLE VII CONFIDENTIALITY.................................................................................................................15 Section 7.01 Maintenance of Confidentiality. ...............................................................................................15 Section 7.02 Department Access to PHI and Other Confidential Information..................................15 General Provisions(Core Subrecipient)2013 Rev. 7/12 1 Fiscal Year 2013 Department of State Health Services Contract General Provisions (Core/Subrecipient) Section 7.03 Exchange of Client-Identifying Information.............................................................................15 Section 7.04 Security of Patient or Client Records. .....................................................................................15 Section 7.05 HIV/AIDS Model Workplace Guidelines. ...............................................................................15 ARTICLE VIII RECORDS RETENTION...........................................................................................................15 Section 8.01 Retention. ...................................................................................................................................15 ARTICLE IX ACCESS AND INSPECTION.........................................................................................................16 Section 9.01 Access. .........................................................................................................................................16 Section 9.02 State Auditor's Office. ...............................................................................................................16 Section 9.03 Responding to Deficiencies. ......................................................................................................16 ARTICLE X NOTICE REQUIREMENTS..........................................................................................................17 Section 10.01 Child Abuse Reporting Requirement. .....................................................................................17 Section 10.02 Significant Incidents. .................................................................................................................17 Section10.03 Litigation. ...................................................................................................................................17 Section 10.04 Action Against the Contractor. ................................................................................................17 Section 10.05 Insolvency. ..................................................................................................................................17 Section 10.06 Misuse of Funds and Performance Malfeasance. ....................................................................18 Section 10.07 Criminal Activity and Disciplinary Action. .............................................................................18 Section 10.08 Retaliation Prohibited. ..............................................................................................................18 Section 10.09 Documentation. ..........................................................................................................................18 ARTICLE XI ASSURANCES AND CERTIFICATIONS....................................................................................18 Section 11.01 Certification. ..............................................................................................................................18 Section 11.02 Child Support Delinquencies. ...................................................................................................19 Section 11.03 Authorization. ............................................................................................................................19 Section 11.04 Gifts and Benefits Prohibited, in connection with this Contract............................................19 Section 11.05 Ineligibility to Receive the Contract. .......................................................................................20 Section11.06 Antitrust. ....................................................................................................................................20 Section 11.07 Initiation and Completion of Work. .........................................................................................20 ARTICLE XII GENERAL BUSINESS OPERATIONS OF CONTRACTOR................................................20 Section 12.01 Responsibilities and Restrictions Concerning Governing Body,Officers and Employees, .20 Section 12.02 Management and Control Systems. .........................................................................................21 Section12.03 Insurance. .................................................................................. .............................................21 Section12.04 Fidelity Bond. .............................................................................................................................21 Section 12.05 Liability Coverage. ....................................................................................................................21 Section 12.06 Overtime Compensation. ..........................................................................................................22 Section 12.07 Program Site. .............................................................................................................................22 Section 12.08 Cost Allocation Plan. .................................................................................................................22 Section 12.09 No Endorsement..........................................................................................................................22 Section 12.10 historically Underutilized Businesses(HUBs)..........................................................................22 Section 12.11 Buy Texas. ..................................................................................................................................23 Section 12.12 Contracts with Subrecipient and Vendor Subcontractors. ....................................................23 Section 12.13 Status of Subcontractors. ..........................................................................................................23 Section 12.14 Incorporation of Terms in Subrecipient Subcontracts. ..........................................................23 Section 12.15 Independent Contractor. ...........................................................................................................24 Section12.16 Authority to Bind. ......................................................................................................................24 Section12.17 Tax Liability. ..............................................................................................................................24 Section12.18 Notice of Organizational Change. ............................................................................................24 Section12.19 Quality Management. ................................................................................................................24 Section 12.20 Equipment(Including Controlled Assets). ..............................................................................24 Section12.21 Supplies. ......................................................................................................................................24 General Provisions(Core Subrecipient)2013 Rev. 7/12 2 Fiscal Year 2013 Department of State Health Services Contract General Provisions (Core/Subrecipient) 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 Section 12.26 Property Acquisitions. ...............................................................................................................25 Section12.27 Disposition of Property. ............................................................................................................25 Section12.28 Closeout of Equipment. .............................................................................................................26 Section 12.29 Assets as Collateral Prohibited. ................................................................................................26 ARTICLEXIII GENERAL TERMS....................................................................................................................26 Section13.01 Assignment...................................................................................................................................26 Section13.02 Lobbying. ....................................................................................................................................26 Section 13.03 Conflict of Interest. ....................................................................................................................26 Section 13.04 Transactions Between Related Parties. ....................................................................................27 Section 13.05 Intellectual Property. .................................................................................................................27 Section13.06 Other Intangible Property. .......................................................................................................28 Section 13.07 Severability and Ambiguity. .....................................................................................................28 Section13.08 Legal Notice. ...............................................................................................................................28 Section 13.09 Successors. ..................................................................................................................................28 Section 13.10 Headings. ....................................................................................................................................28 Section 13.11 Parties. ........................................................................................................................................28 Section13.12 Survivability of Terms. ..............................................................................................................28 Section13.13 Direct Operation. .......................................................................................................................29 Section 13.14 Customer Service Information. ................................................................................................29 Section 13.15 Amendment. ...............................................................................................................................29 Section 13.16 Contractor's Notification of Change to Certain Contract Provisions. ..................................29 Section 13.17 Contractor's Request for Revision or Certain Contract Provisions. .....................................29 Section 13.18 Immunity Not Waived. ..............................................................................................................30 Section 13.19 Hold Harniless and Indemnification. .......................................................................................30 Section13.20 Waiver. .......................................................................................................................................30 Section 13.21 Electronic and Information Resources Accessibility and Security Standards. ...................30 Section 13.22 Force Majeure. ...........................................................................................................................31 Section 13.23 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. ..............................................................................1.31 Section 14.02 General Remedies and Sanctions. ............................................................................................32 Section14.03 Notice of Remedies or Sanctions. .............................................................................................33 Section14.04 Emergency Action. ....................................................................................................................34 ARTICLE XV CLAIMS AGAINST THE DEPARTMENT.............................................................................34 Section 15.01 Breach of Contract Claim. ........................................................................................................34 Section15.02 Notice. .........................................................................................................................................34 Section 15.03 Sole Remedy. ..............................................................................................................................34 Section15.04 Condition Precedent to Suit. .....................................................................................................34 Section15.05 Performance Not Suspended. ...................................................................................................34 ARTICLE XVI TERMINATION AND TEMPORARY SUSPENSION...........................................................35 Section 16.01 Expiration of Contract or Program Attachment(s). ...............................................................35 Section 16.02 Effect of Ternnation. 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. 7112 3 Fiscal Year 2013 Department of State Health Services Contract General Provisions (CorelSubrecipient) Section 16.06 Notice of Termination. ..............................................................................................................37 ARTICLE XVII VOID,SUSPENDED,AND TERMINATED CONTRACTS..................................................37 Section 17.01 Void Contracts. ..........................................................................................................................37 Section 17.02 Effect of Void,Suspended,or Involuntarily Ternunated Contract. ......................................37 Section 17.03 Appeals Rights. ..........................................................................................................................37 ARTICLEXVIII CLOSEOUT...............................................................................................................................37 Section 18.01 Cessation of Services At Closeout. ...........................................................................................37 Section 18.02 Administrative Offset. ...............................................................................................................37 Section 18.03 Deadline for Closeout. ...............................................................................................................37 Section18.04 Payment of Refunds. .................................................................................................................38 Section 18.05 Disallowances and Adjustments. ..............................................................................................38 General Provisions(Core Subfecipient)2013 Rev. 7112 4 ARTICLE I 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,miles,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 DSHS 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 Management 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 littl2://www.dshs,state,tx,us/contracts/links.shttii. Contractor also shall comply with all applicable federal and state assurances contained in UGMS,Part III,State Uniform Administrative Requirements for Grants and Cooperative Agreements§_.14. N 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 http://wwNv.dstis.sta(e.tx.us/contracts/links,slitni. 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,antes,regulations,executive orders and policies. To the extent applicable to Contractor,Contractor shall comply with the following: a) the following statutes,rules,regulations, and DSHS 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§§❑ 2000d et seq.;2)Title IX of the Education Amendments of 1972,20 USC §00§ 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§§D 12101 et seq.;5)Age Discrimination Act of 1975,42 USC §❑❑§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 CPR 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, §§11523 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 sect.,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 o€1971,42 USC §§❑ 289a-1 et seq.,and 6601 (PL 93-348 and PL 103-43),regarding human subjects involved in research; e) Hatcb Political Activity Act, 5 USC§§0❑ 1501-1508 and 732428,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.7112 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 11988,42 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 §§ 1531 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 11)Lead-Based Paint Poisoning Prevention Act (42 USC§§4801 et seq.)prohibiting the use of lead-based paint in residential construction or rehabilitation; m) 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 subagreements; 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;" z) 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 Interlecal 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. 7112 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) DSHS certifies that it has the authority to enter into this Contract granted in Tex.Health&Safety Code Chapter 1001,and Contractor certifics that it has specific statutory authority to enter into and perform this Contract. c) The following additional provisions will apply to interlocal contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interlocal 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 1.09 Civil Rights Policies and Complaints. Upon request, Contactor shall provide the Health and Human Services Commission(HHSC)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— HHSC 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.7112 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 II 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 DSHS 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. Fain. 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.Fam. 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 f) 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. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under Rule§448.911. Section 2.05 Fees for Personal Health Services. Contractor may develop a system and schedule of fees for personal health services in accordance with the provisions of Tex.Health&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 Medications. If medications 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 are 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 make every effort to avoid use of any persons tinder 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. AR`T'ICLE III FUNDING Section 3.01 Debt to State and Corporate Status. 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 term,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 Subrecipient)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 3.05 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 shall 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 littp://www.dshs.state.tx.iis/coiltutcts/cfpm.shtiii 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 DSHS. 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 activitics 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 IV 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 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. Section 4.03 Final Billing Submission. Unless otherwise provided by the Department,Contractor shall submit a reimbursement or payment request as a final closeout 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 DSHS'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 F � 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 term of the Program Attachment may he 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.stitnr. Section 4.05 Financial Status Reports(1 SRs). 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. 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 individuals 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 Y 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 e r ' r � date(s)due. Department may take 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 DSHS 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 5.01 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. 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 Audit Requirements Administrative Principles Requirements State,Local and Tribal OMB Circular A-87 OMB Circular UGMS,OMB Circular Governments (2 CFR,Part 225) A-133 and UGMS A-102,and applicable Federal awarding agenc common rule Educational Institutions OMB Circular A-21 OMB Circular OMB Circular A-110(2 (2 CFR,Part 220) A-133 CFR,Part 215)and applicable Federal awarding agency common rule;and UGMS,as applicable Non-Profit OMB Circular OMB Circular UGMS;OMB Circular Organizations A-122(2 CFR,Part A-133 and UGMS A-110(2 CFR,Part 230) 215)and applicable Federal awarding agency common rule For-profit Organization 48 CFR Part 31, OMB Circular A- UGMS and applicable other than a hospital and Contract Cost 133 and UGMS Federal awarding an organization named Principles 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 common rules is located through a weblink on the DSHS website at http://www.dstis.state.tx.uskoiitracts/Iiiiks.slitm. 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$500,000 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 UGMS,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 HHSC Office of Inspector General(016)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 OIG to do so,Contractor shall be subject to DSHS 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 OMB Circulars, Government Auditing Standards,and UGMS,which is accessible through a web link on the DSHS website at http://www.(Ishs.state.tx.€is/coiitracts/Iinks.slitm. 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 OIG,at the following addresses: Department of State Health Services Health and Human Services Commission Contract Oversight and Support,Mail Code 1326 Office of Inspector General P.O. Box 149347 Compliance/Audit,Mail Code 1326 Austin,Texas 78714-9347 P.O.Box 85200 Austin,Texas 78708-5200 If Contractor fails to submit 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 DSHS 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(PHI),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 hrsurance Portability and Accountability Act [HIPAA]);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 PHI 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 Client-Identifying 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(c)upon request of that agency,unless Contractor documents that the information is not allowed to be 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 DSHS upon termination of this Contract or a Program Attachment to this Contract,as applicable,or if care or treatment is transferred to another DSHS- 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 §[I P 85.112.114.A link to the Model Workplace Guidelines can be found at http.://www.dshs.st,ite,tx,u,s/hivstd/policy/L)olicies.slitm. 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 are funded through Medicaid, the General Provisions(Core Subrecipient)2013 Rev. 7112 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 OIG,for the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract. The Department and HHSC 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 HHSC 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 HHSC 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 DSHS,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 16 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 ebild abuse reporting guidelines and requirements in Tex. Fam. 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 DSHS Child Abuse Reporting Form as required by the Department located at www.dslis.state.tx.us/childabusereporting. 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 Iittp://sao fr itid,st�te.tx,us, and to the HHS Office of Inspector General at litttp://www.aig.lifis.goN,/fraud/liotlitie/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 of a 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 XI 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; b) 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 180(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. 7112 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(3)-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 commission 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 11.01 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 Subrecipicnt)2013 Rev. 7/12 19 gratuity,special discount,trip,favor,service or anything of monetary value to a DSHS or HHSC 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 Initiation 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,Offaeers 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. Each 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 Subrecipient)2013 Rev. 7112 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: http://www.dstis.state.tx.us/contracts/cfpir.slitm. Contractor shall maintain an appropriate contract administration system to ensure that all terms,conditions,and specifications are met. Contractor shall develop,implement,and maintain financial 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 all 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 allocability 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 DSHS. Section 12.04 Fidelity Bond. For the benefit of DSHS,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(1) 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 DSHS 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 DSHS 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 2i 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 funds 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 the following conditions: 1) with the prior written approval of DSHS;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 nrailto: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 the 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 http://www.dslis.state.tx.tis/contracts/cfpni.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 DSHS, and from using the Department's name,logo or website Iink 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/pl-ocurement/prog/hub. 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. 7112 22 Section 12.11 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 subrecipient subcontractors unless restricted or otherwise prohibited in a specific Program Attachment(s), Prior to entering into a subrecipient agreement equaling or exceeding$100,000, Contractor shall obtain written approval from DSHS. 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 statelfederal statutes,rules,and regulations and by the provisions of this Contract. Contracts with all subcontractors,whether vendor or subrecipient, 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(BIN); 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 tin-cc(3)years any license issued by the Department. Section 12.14 Incorporation of Ternns in Subrecipient Subcontracts. Contractor shall include in all its contracts with subrecipient subcontractors and solicitations for subrecipient 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,OIG, 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 subrecipient 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. 7112 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 to 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 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. 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, 7112 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 12.23 Property Inventory and Protection of Assets. Contractor shall maintain an inventory of equipment,including controlled assets, and property described in the Other hitangible 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 littp://www.dshs.state.tx,us/contracts/forcns.slitm, Contractor shall maintain,repair,and protect assets under this Contract to assure their frill 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 be 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 finds 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(AHA'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 licensure 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)2013 Rev. 7/12 25 n 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 DSHS 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 XIII 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 any 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§215.27 (A-110) and 2 CFR Part 220(A-21)Appendix A,subsection J.17 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 Subrecipient)2013 Rev. 7112 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 pr'incipal's immediate 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 term 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 subcontractor's 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 Patties, 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 permits 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) "httellectual 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 comrnissioncd through a contract for DSHS 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 DSHS 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 Subrecipient)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)"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)." gency)." d) If the terms of a federal grant award the copyright to Contractor,DSHS reserves a royalty-free, nonexclusive,worldwide and irrevocable license to reproduce,publish or otherwise use,and to authorize others to use,for DSHS,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 DSHS. Contractor shall submit requests for review and approval to the contract manager assigned to the Program Attachment. Section 13.0E 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-copyrightable 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, 7112 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 13.14 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 Iast 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. 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$100,000,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 finding 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 13.17 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 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$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; e) 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 from the DSHS website available at littp;//xvww.dshs.state.tx.us/Rratits/fornts.slitm, 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 default under this Contract will not constitute a waiver of either Party'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 Electronic and Information Resources specified in I 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. 7112 30 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 E1R 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 Majeure. 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 majeure 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: (I)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 DSHS 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. DSHS will notify Contractor promptly in writing if such a determination is made. The notice will specify whether DSHS 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 time. Section 13.24 Cooperation and Communication. Contractor shall cooperate with Department staff and,as applicable,other DSHS 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,miles or regulations; c) failure to pay refunds or penalties owed to the Department; d) failure to comply with a repayment agreement with the DSHS or agreed order issued by DSHS; e) failure by Contractor to provide a full accounting of funds expended under this Contract; I) 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 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. HHSC 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 snore 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 Contract. 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 DSHS 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; e) 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; f) 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 (3)indebtedness to the United States or to the State of Texas; h) 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 term; t) 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 DSHS; 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,if any,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 Subrecipient)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. Department 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 Department on a case-by-case basis and will be 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 clairn 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 DSHS. 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 B,are being invoked. A copy of the notice must also be given to all other representatives of DSHS and Contractor.Subchapter B is a condition precedent to the filing 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 Contr'actor'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.7112 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 relinquishment 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 sloes 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 finds 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 shall 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 be 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 tinder 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 DSHS 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 DSHS 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. Lndicators of financial instability may include one or more 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$50,000(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. 7112 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,AND 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 DSHS 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 DSHS funded by block grant funds,Contractor may request an administrative hearing under Tex. Gov. Code Chapter 2001. ARTICLE XVIII 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 DSHS 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 DSHS. 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 DSHS 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.7112 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. 7112 38 Special Projects* Not all agencies are approved for all special projects. Please refer to cover letter. Peer Counselor-This funding can be used for training and salaries of peer counselors who assist pregnant and breastfeeding WIC participants. It can also be used for communication equipment you may have requested and travel expenses peer counselors may incur in the course of performing their job duties or attending training and/or conferences. Please note,the peer counselor allocation in this contract is not your entire EY2012 allocation. The State.Agency will provide the second six months funding once the contract is extended to a full year.This will happen through a contract amendment which will be sent out at a later date. Allocations are made based upon the following criteria:number of pregnant and breastfceding women served,retaining counselors established with previous discretionary funding, prevalence of serving rural and remote locations,and breastfeeding rates. Registered Dietitian (RD) -Use this special funding for reimbursement of RD duties such as: • Assisting with file Quality Assurance Program(i.e.,ongoing evaluation of individual counseling,nutrition education classes, clinical procedures, etc.). • Assisting with the implementation of Value Enhanced Nutrition Assessment(VENA). • Providing staff training on nutrition-related topics and nutrition assessment procedures. • Assisting with your local agency's WIC Certification Specialist Program. • Developing and implementing a quality assurance program. • Assisting with completion and application of the Nutrition Breasifeeding and Training Plan. • Providing high-risk individual counseling. • Conducting facilitated discussion nutrition education classes. • Consultation regarding the appropriate issuance of special formulas. • Developing and implementing the Obesity Prevention Mini Grant. Please note the following; • All local agencies are required to have an RD on staff or on contract(WIC Policy GA:.14.0). • You must follow Policy AC.- 16.0—Allowable Costs—Professional Contract Services, when securing the services of an RD consultant via contract. • Use a separate State of Texas Purchase Voucher(fonn B-13) to bill the state for RD services funded by this special allocation. Specify on the face of the voucher that this is reimbursement for an RD consultant or to defray the cost of a staff RD. • Piior to contracting with the RD,the RD should provide you with a copy of his/her registration card from the Commission on Dietetic Registration. This is proof that the consultant is an RD. The State Agency plans to reallocate any unused RD fiends later this fiscal year. At that time, funds will be shifted from local agencies that have not used their funds to local agencies that need additional funding. a 3 x TEXAS]DEPARTMENT OF STATE HEALTH SERVICES CARIMCA11-0—N.RE GARD ING LOBBYING CERTIFICATION FOR CONTRA CTS.GRANTS LOMW AND COOPERATM, AGREE„ :NTs The undersigned certifies,to tlto best of his or her knowledge and belief that: ( (1) No federal appropriated fiords have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to ialluenc8 an officer or an employee of any agency, a momber of Congress,an off e'r or employee of Congress,or an employee of a member of Congress in connection with the awarding of any fedami contract,the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreerent, and the extension, continuation, renewal,umendrawt,or modification of any federal contract,grant,loan,or cooperative agreement. (2) If any funds other than federal appropriated fiords 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, t an officer or employee of Congress,or an employees of a member of Congress in connection with Us federal contract,grant. loan, or cooperative,agteemerit, the undersigned shall complete and submit Standard Farm LLL,"DlselosureForm to Report Lobbying,"in accordance with its instructions, (3) The undersigned shall require that the language of this certification be included In the award docuniouts for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify scud disclose accordingly. t This certification is a material representation of fact upon which reliance was placed:when this transaction was inade or entered into.Submission of this certification is a prerequisite for making or entering into tlds transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file ale 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. s Signature Date Print Name of Authorized idivitluat 2013-042712 Application or Contract Numb-,r CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH T)ISTRICT(CITY) Organization Name CSCU#EF29-12374-Revised 08.10.07 TEXAS DEPARTA/IENT OF STATE HEALTH SERVICES P.O.Box 149347 Austin,'Texas 78714-9347 1-888--963-7111 DAVID L.LAKEY,M.D. TTY: 1-80a-735-2989 COMMISSIONER COMMISSIONER wwwAstis.state.tx.us November 27, 2012 Dear Contractor: Enclosed is an approved copy of your Department of State Health Services (DSHS) contract. Please file it with the office of record for your agency. DSHS will not pay for reimbursements subnutted/postmarked more than 60 days after the end of the contract terns. Additional information regarding this policy is available on the DSHS website at littp://www.dshs.state.tx.us. Please reference the DSHS contract and attachment number in all future correspondence. If you have questions,please contact Sandra Berry at 512.776 -3327 or via email at sandy.berry@dshs.state.tx.us Sincerely, Bob Burnette, Director Client Services Contracting Unit Enclosures 11n L--(/t/a/Employment(,p)Porltlnily l iployer aorl r"'r01iir/or i 1� \y q ? TEXAS DEPARTMENT OF STATE HEALTH SERVICES 1 100 West 49th Street•Austin,Texas 78756 P.O.Box 149347•Austin,Texas 78714-9347 DAVID L.LAKEY,M.D. 1-888-963-71 It •www.dslrs.state.tx.us COMMISSIONER TDD: 1-800-735-2989 Letter of Amendinent May 23,2013 Ms. Christina Zamarripa, WIC Director LA#038, Corpus Christi-Nueces County Public Health District 1702 Horne Road Coypus Christi,TX 78416 Dear Ms. Zamarripa: The Corpus Christi-Nueces County Public Health District FY 2013 WIC contract will be amended to reflect revisions as detailed in the table below. This letter constitutes a formal contract amendment. - �rolect ProO�ct C4rift�t� '_ Ct"trren� -' �-'`�; e�i�e ��L A�trlerrded�-_��dte�s�� Peer Kristina Arrieta Counselor kristina,irrietaCclshs.state.tx.us $75,000.00 $12,460.00 $87,460.00 (512)341-4593 This project amendment will be reflected in your contract"Not to Exceed" amount as shown below: ft Catrrent Contact Ai»�nded An<ot�t ntened Amount Revisedotntract`Niaw to = Anoint In easa.. >(Dterese) Lxce'�d"Att�6unt,.. ,. $906,449.00 $12,460.00 $918,909.00 Funds are awarded with the understanding that any procurements using these funds will be in compliance with the Uniform Grants Management Standards(UGMS), WIC policies and 7 CFR Part•3016. This letter is approval for funding only. It does not relieve the agency from seeking additional approvals as required by WIC Policy. An Equal Employment Opporuarih,Employer and Provider Ms. Christina Zamarripa, WIC Director LA#038,Corpus Christi-Nueces County Public Health District May 23,2013 Page 2 In order for the State Agency to track these expenditures, please bill for each special project(s) listed above on a separate State of Texas Purchase Voticher(B-13). Label each voucher with the specific project name as well as allocations to Administrative(Admin), Nutrition Education(NE) and Breastfeeding(BF) costs. Vouchers without allocations listed will be applied toward Admin. For questions regarding funding decisions, please contact Benny Jasso, WIC Program, at (512) 311-4573,or benny_.jasso @dslis.state.tx.us. For questions regarding purchase requests, please contact Alisin Genfan, Contract Development and Support Branch, at(512)776-3156 or alisin.p,enfan@dshs.state.tx.us. Sincere] , v yn Delgado, Assistant Commissioner Family and Community Health Services Division AG:klr An Equal Employment Opporlunity Employer and Provider Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant amendment in the amount of $12,460 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, increasing the award amount for the Women, Infants and Children nutrition program peer counselor project by $12,460. Section 1. That the City Manager or his designee is authorized to execute all documents necessary to accept and appropriate a grant amendment in the amount of $12,460 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, increasing the award amount for Women, Infants and Children nutrition program peer counselor project by $12,460. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor ® AGENDA MEMORANDUM First Reading Ordinance for City Council Meeting of July 16, 2013 " Second Reading Ordinance for City Council Meeting of July 23, 2013 kPyNppP9PA;EO DATE: July 16, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ie cctexas.co 361-826-3169 Jim Davis, Director of General Services ji cctexas.co 361-857-1909 Appropriating Funds for and Awarding the Purchase of Vehicles CAPTION: Ordinance appropriating $115,000 from the Fleet Maintenance Services Reserve for Future Fleet Replacement Fund No. 5110 into the Capital Outlay Budget of the Maintenance Services Fund No. 5110 for the purchase of vehicles to be used by Development Services; changing the FY 2012-2013 Operating Budget adopted by Ordinance No. 029577 by increasing appropriations by $115,000 in the No. 5110 Maintenance Service Fund; and approving the purchase of thirty-nine (39) pickup trucks, two (2) cargo vans, six (6) heavy trucks and the lease-purchase of two (2) heavy trucks and one (1) pickup truck from AutoNation Ford, Corpus Christi, Texas, in accordance with Bid Invitation No. 61- 0146-13, for the total amount of $1,229,148. PURPOSE: Funding is appropriated to purchase 9 vehicles for Development Services. All vehicles will be used in the day-to-day operations of the Solid Waste, Park & Recreation, Water, Gas, Wastewater, Storm Water, Neighborhood Services and the Development Services Departments. BACKGROUND AND FINDINGS: Forty-nine (49) vehicles are replacement units and one (1) is an addition to the fleet. Vehicles replaced age from 6 years to 17 years of service and mileage from 79,744 to 229,934. ALTERNATIVES: Bid items three (3) and eight (8) are awarded on the basis of most advantageous bid. Although specifications required pricing for a compact pickup, none of the bidders were able to secure pricing for this type of vehicle. Instructions included in the bid invitation allow the City to award an alternate bid when no bids are received that fully comply with the specification requirements. Bid item seven (7), ten (10) and sixteen (16) are awarded on the basis of lowest local bids in accordance with Section 26, of the Council Policies of the City of Corpus Christi's Code of Ordinance. All other bid items are awarded on the basis of lowest responsible bid. OTHER CONSIDERATIONS: Financing for the lease-purchase of the vehicles, bid item 1 and 2, is based on a sixty-month term with an estimated interest rate of 2.0% for an annual payment of $21,173.76. The total estimated cost over the five-year period, including principal of$100,668.00 and interest of$5,200.80, is $105,868.80. 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. DEPARTMENTALCLEARANCES: Development Services, Fleet Maintenance Services, Gas, Neighborhood Services, Park & Recreation, Solid Waste, Storm Water, Wastewater and Water Department. FINANCIAL IMPACT: X Operating ❑ Revenue X Capital ❑ Not applicable FINANCIAL IMPACT: Current Year ease FISCAL YEAR: Purchase Purchase Future Years TOTALS Purchase 5,102,914.05 5,102,914.05 Budget Lease Purchase 454,817.24 105,868.80 560,686.04 Encumbered/Expended Purchase 2,567,968.95 2,567,968.95 amount as of 5/17/13 Lease Purchase 280,165.08 280,165.08 This Item Purchase 1,128,480.00 1,128,480.00 Lease Purchase 105,868.80 105,868.80 BALANCE Purchase 1,406,465.10 1,406,465.10 Lease Purchase 174,652.161 1 174,652.16 Fund(s): Development Services, Fleet Maintenance Services Fund, CDBG Grant No. 1059 and Water Fund. Comments: Funding for the purchase of vehicles, in the amount of $1,128,480.00, is available in the Capital Outlay Budget of the Fleet Maintenance Services Fund, the CDBG Grant No. 1059 Fund and Water and Development Services Operation Budget for FY 2012-2013. Funding for the lease purchase of vehicles is approved in the FY 2012-2013 budget. However, the vehicles will be delivered and paid for in FY 2013 -2014 and, therefore, no funds are required in this fiscal year. RECOMMENDATION: Staff recommends approval of the motion as presented. 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N N N N Ordinance appropriating $115,000 from the Fleet Maintenance Services Reserve for Future Fleet Replacement Fund No. 5110 into the Capital Outlay Budget of the Maintenance Services Fund No. 5110 for the purchase of vehicles to be used by Development Services; changing the FY 2012-2013 Operating Budget adopted by Ordinance No. 029577 by increasing appropriations by $115,000 in the No. 5110 Maintenance Services Fund; and approving the purchase of thirty-nine (39) pickup trucks, two (2) cargo vans, six (6) heavy trucks and the lease purchase of two (2) heavy trucks and one (1) pickup truck from AutoNation Ford, Corpus Christi, Texas, in accordance with Bid Invitation No. BI-0146-13, for the total amount of $1,229,148.00. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $115,000 is appropriated from the Fleet Maintenance Services Reserve for Future Fleet Replacement Fund No. 5110 into the Capital Outlay Budget of the Maintenance Services Fund No. 5110 for the purchase of vehicles to be used by Development Services. Section 2. That the FY 2012-2013 Operating Budget adopted by Ordinance No. 029577 is changed by increasing appropriations by $115,000 in the No. 5110 Maintenance Services Fund. Section 3. That the following purchases are approved: purchase of thirty-nine (39) pickup trucks, two (2) cargo vans, six (6) heavy trucks and the lease purchase of two (2) heavy trucks and one (1) pickup truck from AutoNation Ford, Corpus Christi, Texas, in accordance with Bid Invitation No. BI-0146-13, for the total amount of $1,229,148.00. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2013; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning August 1, 2013, and ending July 31, 2014, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $769,988,137 and estimated revenues amounting to $771,540,496 for the Fiscal Year beginning August 1, 2013, and ending July 31, 2014, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions budgeted for each police officer classification in the Police Department shall be: Police officer and senior police officer - 390* Police Lieutenant - 36 Police Captain - 15 Police Commander - 4 Assistant Police Chief - 3 Police Chief - 1 FY13-14 TOTAL 449 * These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 4. Firefighter Positions The number of positions budgeted for each firefighter classification in the Fire Department shall be: Firefighter - 134* Firefighter II —EMS — 109 Firefighter II — Engineer - 73 Fire Captain - 82 Battalion Chief - 10 Assistant Fire Chief - 4 Deputy Fire Chief - 1 Fire Chief - 1 FY13-14 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this ordinance be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Attachment A - Schedule of Adjustments City of Corpus Christi Amendments to the FY 2013-2014 Proposed Budget TOTAL PROPOSED REVENUES 765,994,869 TOTAL PROPOSED EXPENDITURES 763,824,318 General Fund -1020 Proposed Revenues 211,658,913 Adiustments: Increase revenue for HOT reimbursement for Gulf Beach maintenance 180,400 Total Adjusted Revenues 211,839,313 Proposed Expenditures $ 211,658,913 Adiustments: Reduce for elimination of Fire Health Insurance increase (308,508) Increase Park& Rec appropriations for bay beaches maintenance 142,980 Increase Park& Rec appropriations for gulf beach maintenance 180,400 Increase for Military Task Force 75,000 Increase Reserve Appropriation 80,988 Increase transfer to Street Fund due to revenue increase 9,540 Total Adjusted Expenditures $ 211,839,313 Hotel Occupancy Tax Fund -1030 Proposed Revenues 13,572,468 Adiustments: Increase revenue for updated revenue projection 263,169 Total Adjusted Revenues $ 13,835,637 Proposed Expenditures $ 15,445,293 Adiustments: Increase for for Gulf Beach maintenance 180,400 Total Adjusted Expenditures $ 15,625,693 Street Fund -1041 Proposed Revenues 17,106,010 Adiustments: Increase in General Fund Transfer to Street Fund 9,540 Increase revenue for Street Maintenance Fee 5,702,452 Total Adjusted Revenues $ 22,818,002 Proposed Expenditures $ 17,033,592 Adiustments: Increase for Street Maintenance 5,711,992 Total Adjusted Expenditures $ 22,745,584 Business&Job Development Fund -1140 Proposed Expenditures $ 3,954,847 Adiustments: Increase Small Business Development for Intern program 46,027 Total Adjusted Expenditures $ 4,000,874 Attachment A - Schedule of Adjustments City of Corpus Christi Amendments to the FY 2013-2014 Proposed Budget Golf Fund -4690 Proposed Revenues 309,085 Adiustments: Reduce revenues due to lease purchase completion (136,145) Total Adjusted Revenues 172,940 Golf Capital Reserve Fund -4691 Proposed Expenditures 80,000 Adiustments: Increase expenditures for Golf Course improvements 45,000 Total Adjusted Expenditures 125,000 Fire Health Plan Fund - Proposed Revenues $ 7,481,818 Adiustments: Eliminate increase for Fire health plan -7%to 0% (473,789) Total Adjusted Revenues $ 7,008,029 TOTAL AMENDED PROPOSED REVENUES 771,540,496 TOTAL AMENDED PROPOSED EXPENDITURES 769,988,137 AN ORDINANCE APPROVING THE FY 2014 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $294,964,300. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY 2014 Capital Budget and Capital Improvement Planning Guide in the amount of$294,964,300 is hereby approved. A copy of the FY 2014 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 1 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding water, gas, wastewater, and street maintenance rates and fees; consolidating, codifying, and adopting clarifying amendments of Ordinance No. 029876 and Ordinance No. 029877 regarding street maintenance fees; providing for publication, providing for severance, and providing effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-50 of the Code of Ordinances regarding water rates is revised to read as follows: ec® 55-50. Schedule. (a) Base rates for water service. The rates for water service are as follows: (1) Monthly minimum charges. a. Metered treated water customers. 1. Inside city limits "ICL" : f I 2 ,r�„ r'„?,. .r,,,f rr; .. r J r r> :,(".�.r � �.,.,, r/r( �f ✓... l,> ?rd .,1!r .. ./� /�d.� ✓✓ r1rx�. / »,,;.. ,. / ., � •:>.,,✓..rr^r%/,. .r t,,"r fYrS?�,'r I". „r rr,.,;t � .s r .GS. �.,: >.. r:/,✓,o,. ./,., �.>r/.,r>rr0✓�l" fJ, fi: ,.l�r �>. >, ..v:'.i;/ / //. 1 /F .?/.fr'� ..r .f /`/ J�.:,, - t ,t✓,. r r.a <.'�a„ ..r.:> G/'�..r%� ,ss r r.c, .1`;°� /. ,.s.�f":".( „rt`�, .7�.. nom,x' �,r ff .y. r. f t ✓ n„rF�r„r> r / � �� 'r t ,r u� ✓ dr � f r :.�1:>i fr.l ..Slr1�F9Y` ='r.. r .�. -/ "r. ✓/". .f J �.rr„r;..a,,7., .f£ .;>� /Y`s', �/.�t d',� rj r/�� .,r'�>..>F` v`” f S� £. F .JIJJr/i/'.Of J S Jr'.d✓:.n ;!<.. '>. Y r f .r�,>fr�l .>f.,... lr "�J/ r`J. .J f, /,..>r.,/>. / l/f'J,. �t✓f ,fr f/ �fr',>,�; fr..'", r ,/;:", s' .�, /�>,f ,>,�; ";>,� rrrs>,� ro-ff r^,s» ./-r rt,,%' l 7 Jr... .r,! /'r,.: /�.r,/.;.�.:r,/.;✓.. //,..J./f. r"... /.r',f b - ,!:; //: //,.: //. //,.: //. //,.: //. //,.: //. //,.:r,/.;.�.r,/.;.�.:,t of>.» 1 f ✓ r , "l r �r r.r,,.-.r,,.-.s„.-.r,,.-.r,,.-.r,,.-.s,,.-.r,.. :.✓ -.r,,.-.r,,.-.r,,.-.r,,.-.r,,.-.r,,.-.r,,.-.r,,.-.r,,.-.r,,.-.r,,.-.r,,.-.r,,.-.s,,.-.r .r." { z. r . r, fr f r ,rr y P r t s` 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 lr 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 lrl� Residential 5/8-3/a $ 8.72 $8.89 Commercial 5/8-3/a 12.58 12.83 Residential and Commercial 1 18.87 19.25 1'/z 31.46 32.09 2 62.90 64.16 3 100.64 102.65 4 201.29 205.32 6 314.52 320.81 8 and larger 629.03 641.61 Large Volume Any size 16,349.00 16,676.00 Temporary construction 1 18.87 19.25 11/2 31.46 32.09 2 62.90 64.16 2. Outside city limits ("OCL"): sr Residential 5/8-1/4 $ 10.46 10.67 3 Commercial 5/8-3/a 15.10 15.40 Residential and Commercial 1 22.64 23.10 1'/z 37.75 38.51 2 75.48 76.99 3 120.77 123.18 4 241.55 246.38 6 377.42 384.97 8 and larger 754.84 769.93 Large Volume Any size 27,279.00 27,825.00 Temporary construction 1 22.64 23.09 1'/z 37.75 38.51 4 2 75.48 76.99 b. Untreated water customers. / / f f r �1 } ff / f } r r r r /r. � f �} r. ✓ / r,.f, ✓ s y s /. J/ s r r- Fr.r, x 1 l f f ✓ � r. r I ✓ 3 ly .✓. f .? /- :fy" / ., r-->€`.. )r r s.,f.�,/rr,a'.l. / ..s'f.,.,! f.r. f.r. f.r. s.,;r s." .//. r r /., r r �Ff£ r r 1� r r ,- .,?Y � rY >,r,F✓ r.,r ✓.,1 ✓.,1 ✓.,1 ✓,r, r f � ..,,1„ .:rrfr /�> � .rr _ rr rr. r.ffr,,,. r. ,r. ..�r /.., ✓.: ,r, �, ..rr/ .f/ tr ✓. r Fl a' ./....lr.>, .fl„.�,;r .!`. ,Y r r. rf f"f.r rf'I' rs,. ,rs,. ,rs,>:s ,rs,>:s. ,rs;<<�J.. f y d a,rrr r , r,,.? ,r, ,,it rr r ,.r� r a. 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F ,.�. ✓r '»,.. ... .✓t .,%,: fr :/ ,.<:sr,,,;»r.: „ rr „ rr „ rr „ rr „ rr „ rr „ rr „ rr ,,. r.. ,r.. >..... r<t>f/ fsrr. ,s»':r �,!rs,,, ,fir; ✓ rf., rf., rf., rf., rf., rf., rf., rf.. ..,, ,r rr. ,/. rs ,,,r, s�.. .f ..,.f. ! ,r if 1T..., f., f., f., f., f., f., f., f. /' ✓ '.7. r ,€ /.» rrrr r--=- f. s. .✓ /. frh//r :✓ .. ,rr.s" :'.7f r. r. /;.,�../;.,�../;.,�../;.,�../;.,�../;.,�.,r. r c F r'. r'r,..1., r. ?f ,/„r:�fn�r>,,.,fcfl/ ./..,.,>,€„r >/. /r F .. f f,f, f,1, f,1, f,1, f,f, f,1, f,1, f,1, f, (/. l,r> ,:.f. ✓/. >,�Y ., ..✓ rye",'S' .l.//./I � "/ f r.f;. r. tl3 33'. ,.r Eris r. S ? �✓:z,z,,.,,.r, ,. >., f s.r/.. /. 1. 1. 1. 1. 1. 1. 1. 1. 1. /.. t..,,,,' s./r ,F, r, r /✓..fr..Ir..Ir..lr..lr..lr..lr..lr..lr..lr..lr Y �, .Y, s r t'/: �;�>, f✓l J 1 3:.. ,./ ,r»>K ,r»>K ,r»>K ,r»>K ,r»>K ,r»>K ,r»>K ,r»>K ,r»>K ,r»>K .,/» „ f „/r„�r ! .f ;,✓r £`,,.,,,�`�»,.,,.r .r' .r .r' .r .r' .r .r' .r .r' .r .r' .r' ,rr ,a�i r"'. ✓1 .I ...,r, r-, .,�'. .l 3 /: ::1 1: ::1 1: ::1 1: ::1 1: ::1 1: ::1 1: ::1 :1. ,.sr ,.... ,r� ,:,./,J(-r c`� ,. �r✓/rs�f, .f r? � f,rf f,rf f,rf f,rf f,rf f,rf f,rf f,rf f,rf f,rf f,rf f,rf f,rf f,rf f / f*'�J' '3/ :G f � f .✓ f� C r rr',C r rr',C r rr',C r rr',C r rr',C r rr',C r r C,.r C,.r C,.r C,.r C,.r C,.r C,.r C,.r f r”' :"r>f)17:x; rY r / %l rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl f f. F .! f ..ffi-.'�' ,!t r .. �.�., s s s s s s s s s s s s s s s s .,:/ ,? 1�/m .✓. r?. a �?. fv r / � rs rr rs rr rs rr rs rr rs rr rs rr rs rr rs rr rs r` ,G' r F { r r ' f ,r,/rra,yi%yi%Gr4/,yi%yi%yi%Gr4/,yi%yi%yi%Gr4/,yi%yi%yi%Gr4/,yi%yi%yi%Gr4/,yi%yi%yi%Gr4/,yi%yi%yi%Gr4/,yi%yi%yi%Gr4/,yi%yi%yi%Gr4/,yi%yi%yi%yi%yi%yi%yi%yi%yi%yi%yi%yru '� f. Sr<r/.yi%yi%yi%r,V✓ f » J Minimum monthly service charge, water districts/ municipalities with raw water supply $390.28 contracts executed after January 1, 1997 $398.09' Minimum monthly service charge for public agency for resale untreated water without a 237.70 242.45 raw water supply contract executed after January 1, 1997' Minimum monthly service charge, industrial 390.28 398.09 Minimum monthly service charge, domestic 13.00 13.26 Minimum annual service charge, domestic 130.09 132.69 Minimum monthly service charge, agricultural irrigation water service 195.00 198.90 Minimum monthly service charge, temporary construction water service 260.00 265.20 Minimum monthly service charge, temporary large volume industrial untreated water 1,500.00 customers obtaining water, which is under contract to the city, from a reservoir under 1530.00 the exclusive control of a river authority 'Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1,1997:If the charge based on the volume of water taken in a monthly billing period is less than$237.70,the customer shall be billed$237.70,unless a valid water supply contract between the customer and city that was executed prior to 5 January 1,1997,provides for a minimum annual payment.If a valid water supply contract between the customer and city executed prior to August 1,2000,provides for a minimum annual payment,the customer shall pay the minimum annual payment under the contract. c.Blended water customers. t f f r r r f f f r r r /// s!'" f s". ✓ r-' f '/ f .i. t.f. t.f. t.f. t.f. t.f. t.f. t.f. t� ,. i., r, z , 3sJ r f u f 1 r r r s? f f r 1 r. �� r, r � .. r,t f rr r rrr rrr rrr rrr rrr rrr rrr rrr rrr rrr rrr r, s f i f r rr { r f rf rf rf rf rf rf rf rf rf rf rf rf rr l` ","rr'.r ✓,. rf � � � � � � � � � � � � fir,x u,,t,l.yrr . /, s r fr /r /�� ➢ / S 15'/ 5't 5'/ 5't 5'/ 5't 5'/ 5't 5'/ 5't 5'/ 5't 5'/ s' �. fr !f: Y� r/ f z rr s/ s ru ru ru ru ru ru ru ru ru ru ru ru ru rs „s',,fy, >s., J.. a ✓f F. <ufr.,r,. ,r>:> z .,r 1 Yx.?� .� fr 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a ? f (r r r / 1 f F...lr rl f 1t fr�rrrrrrrrrrrrr rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr„ ; rsssssssssssssss sssssssssssssssssssssssssssssssssssssssssssr F,.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..».».».».».».».». Any size $27,279.00 27,825.00 (2) Monthly volume charges per 1,000 gallons. a. Residential rate. 1. Inside city limits: r f. I r r r s r r s f s r/.,,s., u r„ / ) r / ✓. ..1,, r.. .,f f /',r r* r /rt",T,..«,5. r, fJ"fJ / .,. 3f ? ✓ �.. f .,. ,,, .,.., r ",., ..r, .r.;”" ..,r. h c f" F >! .. J>, 1, rr„s,, ✓i.- r, :,,}v" ? J I c t f t r. SY .rr✓ rl s.r/f n ,I .r r./"/. r. /3. /'. .,u,,.. .r f/ /rJ`. r ✓ /-`i'r.Jril.f? ,rc ,rc ,rc ,rc ,rf r r"., .r / ,rc ,rc ,rc ,rc ,rc ,rc ,rc ,ra ..r/` r� r r r'l rl rl rl rl - � Y rfrl rl rl rl rl rl rl. ! � sf r/ fr✓ fr✓ fr✓ fr✓ fr✓ f r i,/, r fr✓ fr✓ fr✓ fr✓ fr✓ fr✓ fr✓ ffi !t fs �. r i r'fi 1 f r / .l� / � rf rf rf rf rf rf rf rf rf �r� r / J. rf rf rf rf rf rf rf rf rf rf /. r. r { f f r s` First 2,000 Gallons Minimum* Next 4,000 Gallons $4.172 4.495 Next 4,000 Gallons 5.215 5.619 Next 5,000 Gallons 5.997 6.462 Next 15,000 Gallons 7.301 7.867 Next 20,000 Gallons 8.865 9.553 Next 50,000 Gallons 9.648 10.395 Over 100,000 Gallons 10.430 11.238 6 'Use the minimum charges in subsection(a)(1). 2. Outside city limits: � r r "."✓ SG Y r f t r "�f l "r J T f ✓ r / r s r. l r's r J: r / s "r-., rr r J, ✓. r l r f r .f» Y. G .�f .f✓ l S I�/ ',r. r f ,rr a l l l "I� �l J �.G.,/„f ".J f Ol",: r' .✓:s „r ".i"'� ..✓, .r� 7 'Use the minimum charges in subsection(a)(1). 2. Outside city limits: f� $. ✓ r. rf I" r f ;� T '.✓ .' �:fir r:,,l � ..J f .,,rfi rsr ,1, .,,,> r ,� ";. :�":.. / .,» ,..✓»Y /` r/,/` T. ,fix✓,.,/.r ,,. ,,, r,.,�.,.,, ,fir /;�rz»r r :.✓':�r .}..: ./ .,.,; , r r., z ,r fir. .✓. S" � 2.:/,rf /?, 1rr3,.rf�>l�r ,t J(i 3 .f<< r.f>>}%3.r.>�.r.>�✓>rJ.�ri� .�'? ✓� /rr,fi- l fir J rfi,.-r. .� /tr,fi- fir". 3 rY / f ✓, r Y 3rf', r firs „firr,,,r r ff., f, firs. .t"» l n. f ✓ r» r n. r .s, r lr: I % J r 'fir'", /✓fir,:/ ,fi', .,J.x.r/f, ,,.rl,/» .,✓, r., ..r. Fr ..:.s` �. .,✓, ..f4>. �,>»3„ %/ r -/f l.•. .-fir,:r3 r-. 3r-:r 3rr.r. 3r,f ..� firf/,...,,fit .r r. .-rr,rrrs. 3rrsr;fir;. 3r;. r'r,.,,-. / f, f ✓' Iro,f rrf rrf rrf rrf r, rr!s` / r, fir fir !i ✓�r.Iro,f rrf rrf rrf rrf fir f,r.. ✓! rY fir !r l rl rl rl rlr r � ,r � !r l rl rl rl rl rlrr, , / f. fir fr fr fr fr F ' fir fr fr fr fr fr r .S. .f- .✓ .:rf c.rs s s s s s ✓:". / -r c.rs s s s s s s�r l f,fi >/rf»xf✓, r,r;.,- .,�' r rf s sr sr sr sr sr s`-". 'Yl r �:Y rf s sr sr sr sr sr sr. f. t."r r r r r r r r r rr.> r✓I r. .firs, ,r ,.Y;x.. r r r r r r r r rs J s r"f. f/f. 4r" »r 4r" »r 4r" »r 4r" »r 4r" /r.. ./ j�!f/ r".,. .r='✓` »r. 4r »r. 4r »r. 4r »r. 4r »r. 4r ,;.:, fi3r r''f ,fir r / 1r'J 1r'J 1r'J 1r'J 1r'J 1r'J 1r'J 1r'J 1r'J 1r'J f fir,/ , , 1r'J 1r'J 1r'J 1r'J 1r'J 1r'J 1r'J 1r'J 1r'J 1r'J 1r'! ✓,��: ;. .s„ .s„ .s„ .s„ .s„ .s„ .s„ .s„ .s„ rtY` >r .s„ .s„ .s„ .s„ .s„ .s„ .s„ .s„ .s„ .s„ .s„ r „�:.fir ..fir. ,/. t r..,. ..r' r'. ✓:,»6fi fir>r? ,r.,r.,r.,r fi r r.,r fi r rxr fi r rxr fi r rxr fi r r.,r � r:flsr r r r r r r r r r r r r r r r r r r r r r r r r fl. J ✓ l f%,f%,f%of%,f%,f%,f%of%,f%,f%,f%of%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,S` .. �f✓ .J';,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%,f%"11. r f. 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 r 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 First 2,000 Gallons Minimum* Over 2,000 Gallons $2.412 2.854 'Use the minimum charges in subsection(a)(1). c. Golf course and athletic field irrigation water inside city limits. r" f r r f f f r r ✓ � r r J f r ✓ r n r r rf n r ri s r r ✓ f 3 - r3. fir"" f %},".G r.r ✓ / =s' 1. / !. f r sS'" fir»fi r. s,.17>f.,r .�,r.,,,;r. r✓ ✓./. f. .! /'�,r r, ., »✓ r` ✓. ./ J ,:';:"l fir` fir ,.G .r /. �,. s>r. ""s»r ./>" r.,rr ✓ r r.>rj r r'rfi� ,/r .f d ✓`::� J .,r' fir/.e;,f . r.f ., fsx ,.;fir'f. .: r ,,.3/rs r,> f. ,s 7'" rf., 'fi.,fir- r. "r r: "fir.. ,rffi` .✓ /.. %.. %.. %.. J, t fi`',r fir/ ?,r r ,r ✓ �.r ., r ,. ,..» «;f.fir:. «rfi ..✓.. nr .��, I .t, .s ..) l r fir r' /.,r ,,.y r,�. �.5 »,f� fY,. ) ri'„ r, r: `✓"2 l'", l r:, ", sS'. r ?J.f7lf.lr' fir 'fi, r fsr"" :fir.' �r .rerss 1./, ra/t l.l��r srr ::ff,!f "r f "r f "r f✓" �r< 1- 1c f„ r..,lr, ifi �rif fr. ".z3 r Ol>r r, % rf3 / / (nr.r'✓Y r. fi�' fir✓s?ls,�3 . J,'.� r .. s, � ..s. ./.r..;r` >� ..,-1 r`, .f rYf r" .r" r" .r" r" .r" /r.f .1l r.Vr/fir .../ f r "/ ./� 3 :.✓. ::r } / ,r�. .f J .:J. J .:J. J .:J. €,sr. ,f f" 6 /r,r , rsr. rf rld rf rrf rrf r rd/fi`fi/, {..J rfio,f rrf rrf rrf rrf rrf rrf rrf f r fir r r'l rl rlrr f f r l rl rl rl rl rl rl fir, �/, ".rf /3". i. �'.�. s s s /' r ��r fir'..".r5 s s s s s s s s✓ a,t, ../r' /', r �"sr r r s'.✓. s'I s'I s'I s'-". �f � �.,� � % �� y / s,.1 s'I s'I s'I s'I s'I s'I s'I s'1,L.>7 Y: 1. /�. y' %f lr1.r. 1 r. � fir .,./r✓»�r.,.>, .{ f..f ".1`.. ✓sf,r..,,.., 1„ .fir .% ".. fy�,T :1...a ✓T.. s. <r 1 "1 1 "1 1 "r, r`" rs.,,,f r..Yx."?/ .� :ll.. "/` :1 "/` :1 "/` :1 "/` :1 ":1 >;rsr.», r fi r l.. fir ,r.:, „r.::, „r,:, „r.::, ,r. r,.:J r , r �3r. .r.,..,✓ .1/ „r,:, „r;:, r. r,.: r. r,.: r. r,.: r. r,.: „r` .., fir>. !. S r ✓'. x. t z /., rGri„ � �} ,r r r r r r l r r r r r r r r r r ✓Y.. is�,✓, r :r s' :,.6� r. r. r. r. r. r. r. .� r. r. r. r. r. r. r. r. r. r. fir. r n f > r r„ r f r,l ;.. Tff r' 1 1 1 1 1 1 1 J r r r 1 1 1 1 1 1 1 1 1 1 1 ,✓s fir J fi. 1 r` .lr fil� / z r fir firs,r �r r, r r J 1t r'I?rrrfirrrfirrrfirrrfirrrfirrrf rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr„ ; Jsfffffffffffffffffffffffff ffffffffffffffffffffffffffffffffJ First 2,000 Gallons Minimum* Over 2,000 Gallons $2.542 2.951 'Use the minimum charges in subsection(a)(1)for ICL customer. d. Residential irrigation water on separate meter. 1. Inside city limits: c 3 / r £ ,� ,r/r :"/ s" Sr.. f tf,r,f 'r/ i”:✓.. x ✓. / 1 . ;.� rf "»`" r .✓,!'.r<. r r F rJT �> /�.� ,rr�/ .>.f' ...frrr r ..%� ,.fir/=,1...?,�arro„?I. ,l r > F r/ :P/�✓_ fit s”... 'f .rrr`s � f /�r.. ...f//sT lr..J 'r tr"ra :./rfi` 73,r;r,,r/r,r0✓�l" f).,>! -y Jr PI/ 'rc .,S ;' !' , fir .s� o f�tf s f" f .!.fs„��r's'./y,>..,.. rf., r»✓.,, <i r ff ,<> f r"rfi.. rfi/. ,r�r } s /r ,rG:r,r. r'/,r `s S- f. r„ r I rrrrr ,/,firs rrrrr, 1. f 1`h•.-Y, fr r� .,,r-r;. � �: /sr,r fr .r r'ir L. ...5.J'.. .f! r". .:r / r "r "r r l. ✓ ,fir� .fr fir ,� "r r f. " / /.✓ fi-."f .„s'. .l/. f` ✓: ::1 1: ::1 1: ::r r" .r✓ 1r. .lrf /ffr .:1: 1: ::r f fr✓ fish ,l✓? / / , r , r.fir .r fr`. ,f r/ c >,r✓ >,r✓ >,r✓ >,r✓ >,r✓ >,r� „r»,fir r >,r✓ >,r✓ >,r✓ >,r�, rf7 fr �� r C fir C fir C fir C fir C fir C fir C ,r/ r ,.I Y C fir C fir C fir C ✓r f/✓ f/✓ f/✓ f/✓ f/✓ f/✓ f� . !f f f f ..- f a ✓ I I ,:I I ,:I I ,:I 1 J j ,:I .f ,:I .f ,r,,.2, .✓fi s'. s'. s'. s'. s'. s'. s'. s' .'/.r„�„., ./..> rf s s'. s'. s' s'. s'- ,r:r, ✓,?. fia J.?. fv.”. r ! I. fir t. fir,_'. fir t. fir,_'. fir t. fir,_'. fir t. fir,_'. fif. .,%fi. ✓ r fir",_'. fir t. fir,_'. fir t. fir,_'. fif Y.. fir»,« ,/ Gf fr I/f/.J .r y. .fr 1 r,»r „! r•:,;: � /` . .,r :sJ.�. .✓tor-s r ,1 1 "1 1 "1 1 "1 1 "1 f�"/ ,r;r ,.r t .f 1 <1 1 <1 1 <1 r,fia „r/r.»'.,,/�.. ,7,fir,✓,.fi .,l.rr ,/�rr ,l.rr ,l.rr ,l.rr ,l.rr ,l.rr ,l.rr ,l.rr ,l.rr ,l.rr .//.. r fir.,, /.Jr�'... ,/.fir ,l.rr ,l.rr ,l.rr ,l.rr ,l.rr ,l.rr r/,5✓;,, ,fins,.., ..firrf.r' ✓ r - r., r. t r. t r. t r. t r. t. r/(s./^ r�r".r. I%, r t. r t. r t. r t. tl, r ".- "l r YY r.T,,.r.T,,.r.T,,.r.T,,.r.T,,.r.T,,.r.T„.r.T,,.r.T,,.r.T,,.r.T,,.r.T,,. T .✓ r.T,,.r.T,,.r.T,,.r.T,,.r.T,,.r.T,,.r.T,,.r.T,,.r.T,,.r.T .r." { r . z. f r. f r,F r ,Sr y P ,. ,'. r fi r s"r fi r s"r fi r s"r fi r s"r fi r s"r fi r s"r fi r s"r r a r r r .r fi r r .r fi r r .r fi r r .r fi r r .r fi r r .r r,:; fir t 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 fr 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 >Sr>S. .fifi.;.rrrrrrrrrfirfirfifi.;.firfirrrrrrfirfirfifi.;.rrrrrrrrrfirfirfifi.;.firfirrrrrrfirfirfifi.;.rrrrrrrrrfirfirfifi.;.firfirrrrrrfirfirfifi.;.rrrrrrrrrfirfirfifi.;.r•..rrrrrrrfirfirfirfifi.;.,; fir.,.;.rfirfirfifi.;.rrrrrr.,.;.rfirfirfifi.;.firfirfir.,.;.rfirfirfifi.;.rrrrrr.,.;.rfirfirfifi.;.firfirfir.,.;.rfirfirfifi.;.rrrrrr.,.;.rfirfirfifi.;.rrrrrr.,.;.rfirfifi.;.,�. First 2,000 Gallons Minimum* Next 4,000 15,000 Gallons $ 7.301 7.867 Next 4,000 20,000 Gallons 8.865 9.553 8 Next 5,000 50,000 Gallons 9.648 10.395 Over 15,000 87,000 Gallons 10.430 11.238 2. Outside city limits r f f f .f r /r t ✓' r f. .f "� .� .Y .f,31 ra.,,/ /,r.. �, /, f lr /r, ,r,n f r r try/ !!r ✓�.. f v l ,r.z., t.,t r „!�' ,f f f r Y rr. ,T.� /. .s ✓r>/ ,.tr, ' •° r,.,f .r,rr»r, r t r !: .r" � 1. .»� r= �...r f Y,err ,", ,. r, ,f .f}. / ,t,.r.. " �r .�r`.fT r/ ':":rf :7 t,s,✓ ..f..r,.r,.t>, L` tt '/sr .� ��.. c r .�.,�.' r„p,..,, ,s �.r, fi„f ..z: Ol", .";�. J '.; U,.tft ff f✓.:. .r. P".n. rGt� s�."..fro'f} .✓a/// r""!/,''.�,�, i fr'';. r ;. r ;. rJ;. r ;. rr fr. .1 !�." � �€ rF..S �. :/r ,. ;. ;r fr"rrs /`. � lr:. f rr: r J } } } } } } sr r ✓ ' n,r ry ,,.0 � rrs } J' } s`> '.f.. ,/✓�J' ./ r r. I s. f r r„„% r s , sr. f r .vJr ,.r ,r ry- ..J...a ✓t.. t <.;` 1 "1 1 "1 1 "1 1 "1 .:ll.. u;....F,, ,.>s;rti f r .<1 1 "1 1 "1 .,ry.z r r.., ,,»,,..,,. ., ,.r. .r .r",l,,.rr.,/.<rr.>,/,;,rr.>,/,;,rr.>,/,;,rr /.rr /.rr /.rr /.rr /.rr..✓. !�, r, s' .a /.rr /.rr /.rr »/.;.rr »/.;.rr »/.;.rr »/.;.rr .� Gr I ,Y;x,..,,,x.. r r r r r r r r .1 ✓„!.. f, rs'” ,,,x.,. r r r 'r r 'r. �r.f..;� rf.,,,fi!"`. sll :..!rL�' -.'/,. "°fl.,r". .✓/ t�r:., r'. :ci r' r Y r r,/fl.<<, ✓J r ..,J J '„J J '„J J '„J J '„J J '„J .r J „J” J „J” J „J” J „J'. f r Yf.-fJ?. I l l rrr r r rrr r r rrr r r rrr r r rrr r r rrr r. :!%`": Y;lt Sr rrr r r rrr r r rrr r r rrr r r rrr»lam f✓,. / J ftf'I?rrrrrrrrrrrrrrrrrrrrrrrrrrrrr frrrrrrrrrrrrrrrrrrrrrrr,r,, fffffffffffffffffffffffffffffffff } fffffffffffffffffffffffffr Frr.....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. . First 2,000 Gallons Minimum* Next 4,000 15,000 Gallons $4.671 3.411 Next 4,000 20,000 Gallons 6.235 4.142 Next 5,000 50,000 Gallons 7.018 4.507 Over 15,000 87,000 Gallons 7.800 4.872 e. Resale treated water rates. 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: ( t r rY rrs r- f'. .✓ r' f. f .,� ✓sr ,!"T .. .t. f .�'r l f. f'r"r Y'. 1,>, r'.s”: r s, r fr..✓` ,,z, ,r t „✓., r .r'� ,.1.' .l r`✓3.cr.1�,r.11✓r/. G/ .,fJ..j J.fit 'f r,ff.;?'r. >r f I rr%( "� f. �.-.i ,r,�. , .., , ,..✓.. �' es2 !f./ ,f�rf J "/ "J 7 r /;” "./! fr`".:rr .f ..r ./.r✓1` ,� ..,,r" ",r ..: r f;.".. ....� ! tsJf,r./. r rr .�s .. r ",f" r ",f" ./ Y/ /r>r`. / ✓ r-�r.Jrif.Y? ,rc ,rc ,rc ,rc .. Y` .,f. ,J. r :%.,r ,rc ,rc ,rc ,rc ,rc ,r'J 31 U 1 � f .✓ f� r,l,.rC,.rC,.rC,.r� ,% Y.r r`i' 1 ..J rf,C,.rr',C rrr',C rrr',C rrr',C rrr',C �>.. �� sr f r.f'fl.rfrf.rfrf.rfrl.� ..t ,r .,� ff.rfrf.rfrf.rfrf.rfrf.rfrl r ! a: J. f f .,:f .f r.,r t.. J � ✓ /r„ .t /'. J f .,:f f .,:f f .,:f I r > r rr J fJ J fJ J fJ J fJ J J � / J J fJ J fJ J fJ J fJ J fJ rr`.., x r'%r J 1rJ 1rJ 1rJ 1rJ 1rJ 1rJ 1rJ 1rJ 1rJ r”.r frr , J 1rJ 1rJ 1rJ 1rJ 1rJ 1rJ 1rJ 1rJ 1rJ 1rJ 1rf f sr T Y f rr`rr Sr»l»r r r rrr r r rrr r r rrr r r rrr r r r»l � Y;lt Sr r r r r r r r r r r r r r r r r r r r r r r r r fl. f r l r,rr,'„r,`';,f%rr,`';,r,`';,r,`';,f%rr,`';,r,`';,r,`';,f%rr,`';,r,`';,r,`';,f%rr,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,,u .. �t✓ .f'„r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,r,`';,f%.1'. s` r r. 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 } 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 First 2,000 Gallons Minimum* Over 2,000 Gallons $ .8701.008 9 *Use the minimum charges m subsection$V(1). 2. Treated water rates purchased for resale where the water is delivered resale to the olmilill "d First 2,000 Gallons Minimum* Over 2,000 Gallons $1.493 1.628 *Use the minimum charges m subsection$V(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected tn become a large volume treated water customer, the customer will be billed asa large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. Hnvvemsr, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve-month period. 1 Inside i limits: rst 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $3.597 4.067 *Use the minimum charges m subsection(a)(1). 2. Outside city limits: First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $1.493 1.628 10 *Use the minimum charges m subsection$V(1). g. Large volume blended water customers. Acnmmencia| blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a large volume blended water customer. Unside First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $2.679 2.779 *Use the minimum charges m subsection$V(1). 2. Outside rst 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $0.049 0.069 *Use the minimum charges m subsection$V(1). 3. Peaking factor[To bedetennined] h. Temporary water service. 1. Treated water. A. Inside city limits: First 2,000 Gallons Minimum* Over 2,000 Gallons $5.172 5.662 *Use the minimum charges in subsection(a)(1). B. Outside city limits: .moesmiii First 2,000 Gallons Minimum* Over 2,000 Gallons $2.412 2.854 *Use the minimum charges in subsection(a)(1). 2. Untreated water. A. Inside city limits: First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA *Use the minimum charges in subsection(a)(1). B.Outside city limits: rrr First 2,000 Gallons Minimum* 12 *Use the minimum charges m subsection(a)(1). i Agricultural irrigation water outside city limits. rst 2,000 Gallons n mum* *Use the minimum charges m subsection(a)(1). j. Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this seotinn, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. kTempnnory|arge volume industrial untreated water customers obtaining vvater, which is under contract tn the city, from a reservoir under the exclusive control nf a river authority. First acre foot or fraction thereof Minimum* Over acre foot $1,100.00 per acre foot or fraction thereof *Use the minimum charges m subsection(a)(1) 13 (b) Raw water cost adjustment(RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)g. of this section.) The RWCA will be based on projected system-wide raw water sales, adjusted for water losses. The RWCA will be calculated on an annual basis using the adopted utility rate model, according to the following procedures: (1) Use projected system-wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) Include budgeted expenditures for purchases of water. (4) Include purchases of water rights, amortized over the duration of the water right agreement. (5) Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half-year convention used in the year of acquisition. (6)All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. (7)All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. (9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. (10)Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt 14 service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) (11) Include funds necessary to collect 1.35 times coverage on current annual debt service in order to improve the financial position and bond ratings of the city's water fund. (12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. (13) Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). (14) Include funds necessary to establish and maintain a future water resources reserve fund (Water Supply Development Reserve) with an ultimate target balance of thirty million dollars ($30,000,000.00), and an annual contribution of approximately two million dollars ($2,000,000.00) per fiscal year. Revenue from this Water Supply Development Reserve will be deposited into a fund set aside for this purpose. (15) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. (16)At fiscal year end, determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the RWCA. (c) Definitions. Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the city's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: Construction, including debt service, operation, and maintenance of dams and reservoirs. Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. Construction, including debt service, operation, and maintenance of wells. Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. 15 Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Water supply development and protection, including consultants'studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. (Ord, No, 9472, 8-27-1969, Ord, No, 11613, 8-8-1973, Ord, No, 12208, §§ 1, 2, 8-7-1974, Ord, No, 94140. §§ 1-3, 1-25-7978,, Ord, No, 16446, §§ 1, 2, 8-12-7987, Ord, No, 16593§ 1, 10-14-7987,Ord, No, 17168. §§ 1-3, 7-28-1982,,Ord, No, 17763. §§ 1, 2, 8-3-1983.Ord, No, 18351. §§ 1, 2, 7-24-1984. Ord, No, 18587. §§ 1, 2, 12- 4-1984.Ord, No, 20411. §§ 1, 2, 7-26-1988.Ord, No. 21001. § 1, 10-9-1990.Ord, No, 21438. §§ 1-4, 7-21- 1992, Ord, No, 21814. § 1(a)-(c), 12-14-1993. Ord, No. 22741. § 1, 11-12-19961-Ord, No, 22832. § 1, 1-28- 1997, Ord, No. 22879. § 1, 3-25-1997.Ord, No, 23706. § 1, 7-20-1999. Ord, No, 23910. § 1, 1-11-2000.Ord, No, 24132. § 1, 7-25-2000,, Ord, No, 24531. § 1a, 7-24-2001, Ord, No, 24969. § 1, 7-23-2002,, Ord, No, 25386. § 1, 7-22-2003,,Ord, No, 025866. § 1, 7-27-2004.Ord, No, 026368. § 1, 7-26-2005. Ord, No, 026900. § 1, 7-25-20061, Ord, No, 027355. § 1, 7-24-2007.Ord, No, 027781. § 1, 7-22-2008.Ord, No, 028256. § 1, 7-28-2009.Ord, No, 028686. § 1, 7-20-2010.Ord, No, 029158. § 1, 7-26-20101- Ord, No, 029386. § 1, 2-28-20121- Ord, No, 029584. § 1, 7-31-2012) SECTION 2. The water rates established in Section 1 of this ordinance shall take effect and be applied against all service provided on or after the first day of August, 2013. SECTION 3. Section 55-61 of the Code of Ordinances regarding gas rates is revised to read as follows: Sec. . Classification of customers and schedules of rates. (a) Residential customers. (1) Inside city limits: r r a. Winter rates (from November Cycle 11 through April Cycle 10). r / / r a rr i.s F ri .I 3 ./ ;,✓.. era,. .,,, 1`;r.,, >.,., r .,. . „ / ,.. .r„ >..,, >„ >„ >„ >„ >„ >. ..,r,>, f„ry»r„>.c`� . ,. fr,t ,,:,, .F,� r � r ;f ./ ., "c' ✓, . F ...fr, T r � r � r � r � r � r � r � r�r> . =s./, F /r✓ rs� rr/.r.ar?r r,.<, � / >� " r /t>r`. ,r r� ,rc ,rc .,> .r r` ✓: rr rc ,rc ,rc ,rc ,rc ,rc ,rc ,rc r .F.. ..f .J r � �.. s s sr. r :;/." rrl». ..('S s s s s s s s s s.✓,<a„ � r .rr- f f I rr rf. ar rf. ar rf. ar ./" '/" / .,r. ar af. ar af. ar af. ar ar" ar ar" ar ar" ar �x>r { ✓ t. s r,F r sf. r . ...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.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l..�l.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.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l.: 16 F J s ✓ Gr / I t' I S r � rr r »> "lrf r I3 r r,.r.?% .f,..z";al Y,.r c I„ ✓f;�:s /rfi :<t rI/z<�fr."r".: fr :./:r rr�i.I •? � J� v .r ..".rr,, s ./f*l�r ff :.fr ff :f{'�t/j .r r G/5 s s s .,.,»',. 5 s s s s s�.✓,<a, f > ✓ /.- r "t` ,/ ":f` t` ":t` t. rrr>r J r "t` t` "f` t` "t` ,/ "f` t` "t` ,/ "f`r �'/ .r= .!? ,/.rte ,l.r� ,l.r� ,l.r� ,l.r� ,l.r� r . �� ..rrf f,✓.'rr�,r ,%fig ,/.rte ,l.r� ,l.r� ,l.r� ,l.r� ,l.r� ,l.r� ,l.r� r,l.r� r,l.r� r,l.r� :,,�Y 1 1 3r , 1 r ... r.) r Ylv >✓z�: r,,.r.r,,.r.r,,.r.r,,.r.r,,.r.r,,.r.r,,.r.r,,.r.r .! .�,> 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,,.rxn-.., �r s f ,r..(>�>,r..(>�>,r..(>�>,r..(>�>,r..(>�>,r..(>�>,r..(>�>,r..(>�> r .✓.J f',>�>,r..(>�>,r..(>�>,r..(>�>,r..(>�>,r..(>�>,r..(>�>,r..(>�>,r..(>�>,r..(>�>,r..(>�>,r..(>�>,r..(>�>,r..(>�>,r..( 1. rf F ;,r7,r, rrrrrrrrrrrrrrrrrrrrrt � rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr, ssssssssssssssssssssssss sssssssssssssssssssssssssssssssssss 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...�: Meter Charge $1.001.03 First 1 MCF (minimum bill) 9.47 9.70 Next 2 MCF 5.30 5.43 Next 3 MCF 3.06 3.14 Next 4 MCF 2.98 3.05 Next 20 MCF 2.89 2.96 Next 20 MCF 2.47 2.53 All over 50 MCF 2.05 2.10 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. b. Summer rates (from April Cycle 11 through November Cycle 10). / r r r I l 1 JT, l �;?»^rfi + / / ✓ .,.nr r „f'>r, ..r,o?:` � /„ . �s ,,..rs rJ,rl r, / ,/l f. ?✓ r ,,.r`. .r.. r ,/a r^�..r, /"'f r ritr»^c/, rrrr 'r s I. / ✓ r_.< .0 .>zsra"/ Y. I "'"/ ".r%. ,/`// r".3. '.'/f` -✓✓✓rr rr" ;��. r`€.. r �". ,. „� ',.r :o , / ^, ,. 3��.. r..r,� r .ar ✓ /".r`r t '"r "rf a rr. .r=. rr ✓ /,... ., ,.,, .fr'> I>, r'/ /. r. „�F.r,r.... f 1 as€,,,rfir ..F, rrrl_,r »», ,.. "r / .,<: .r >'...✓ r,,,f SrsJl.. rrr t/ ./ r..'�r ✓. ..,r.. ,f/ rrr,r'✓>» i .,� /� / lr� "3 .r.: I. T, t rfT rfi ..r ar` /."r r1» rr "/. t "s/. r`/ r ./"f".�r 'r`r'. .✓ fa.'�.. r s'. s Fz.r'. .�. / f ✓ I '.,> r/l'.' fi J. ,-G^,> "J' f .l.^:, s'"' 1. .l:,r,z:», .3r, f»'". '€€ ./' Y� /. r' /r rrs r,1..t,r."".l °z.»`1r1..✓.r O:tG./r'" /. r„ r' ,"/ ,;;?. /f. a>'... '/r^. ✓a/.ds.re f."..r if ,I rr .r r,.,r'F.. ..;.r/�f.S f".: j,. ./: (,r.r. /,r ,/J .s1 .l'-'. /s r r`.� �� 3 fifi "rY..c..'J,,'>•Fs,/r r 7 F" � .!i//r, „�,. ,>l, �s-.r. .�, t ,r/ .,f.tr f r'. .r✓l,/rr,{. �.:"g .r./. ./`n r / T ',✓Y ./r� rrl r.J"c r/f'.r, ".:.r` r', ,>„1>,?;l 3: ✓ ral /. r � "n.fi r .,..�f .13. rs.f �t/f { :r r't✓/rr ",r ,rrr s / .,r' .�Y :..v' �f ”;�;�. "-r7 Y' ,nrt1 .n ..rr-t v ./ f rf.G' �: .✓ J:�J "^r f e,v..1 ri x. .r.. �>r::.. , �: / ,>..'�fi»'�/>'S',.:I f ..,5^ ;� ( .t J /t /r / .:rri Y. r/✓'J. / ..r. ll�. rf lur ,%I:{;.. / Y i"i' // �- .t/ /Y rr s. ./,,, r'..»,� /„ ',>Frf r�/.r✓r`r r,Y ✓r ,,/» /` �>� "r /1a,r,/rr`'r,� I ,? rs 9.; ,.rril3 .!s �/ar'crri3 cr%f�/r`t�rr`. J C. .:�sc,> / /srr' r3 rja r3 rjar fr:Jf'' .,.rfi- „r✓ a I rr rr. rr rr. rr rr. rr Ji' �r Ilr rt rr. rt rr. rt rr.'rt rr.'rt rr.'rt rr.'rr. 3 /> 1 / , n r , ✓ rr.>G„ ...� .✓ rt. / r . ,ra, Gr f rrrr Sr�l�r r r rrr r r rrr r r rrr r r r�r.r r f / 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�l3f» / tr r r,F , P r r r` rr,r, rrrrrrrrrrrrrrrrrrrrr rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr,,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.. Meter Charge $1.001.03 First 1 MCF (Minimum Bill) 9.47 9.70 Next 2 MCF 5.30 5.43 17 Next 3 MCF 3.06 3.14 Next 4 MCF 2.30 2.36 Next 20 MCF 1.54 1.58 Next 20 MCF 1.50 1.54 All over 50 MCF 1.37 1.40 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (2) Outside city limits: a. Winter rates from November Cycle 11 through April Cycle 10 . r . �f r r / r. Y .// l'z,, .✓ ,} /-" ,? 1F. "r%''" r✓r r rsr.c F !r»/.v rr r. r,r /r T t /: /?f r � ar T ,' ✓> ;, .,, S:a r/>,./� / llz ",r< <>F„s„r .t: ,l r`..J r' .,a• r ',/' G rr.'rr .1 { 1. v> "'.y". ?, »»..:�./»,,,,rz. �»,,/. >„ >i...".r ,.� ...»..> f.f. r ".,. ✓ r /. zz ."rr,.. s ,^. I ul, ,vr r.. rr.rz {>� ,r„ j. .>r. /' �.frf ,>.s»,../f. 1. '.,_. rY. ..✓�. .>f:'/ .� /✓ .r ysr. x> .rC r. .,r'T. .' f r f.,r. "� ). r. 0>Y 1 J ./ s"� .v'`. ( „3s-'/ r .�;1. rr J f," .✓rr �€r/r Y .%» x. ..rJ,v l l.rr Y rv`.ar'. / /`r-,r, r". £l}.U)/I �/ F" r. f/.rt...J r z,✓,/,!f .:r >'. "zz" ,/r/ ,r / ,r, ,l t .r'" n ./.,r/ss..i- 'd.1. .� "J ..rr` :✓ /r /. ,? € ./ 7 .�" //r;'/.,»»„r r. ..r. r` r. ,rJ >an,„ar. ": sr. ,{'✓..vs s. .;,,,,3s�» '��' rr r.. / nr.»,>r,.{.,, I ✓ s. s r. .r c. l TJ. /s >s>.,{ ,,..r, r` f". s.. {?.;f�c r'r r.. ,.%rr' .roe, >.%f-rr,»r,if »r,a`-�r .7 ,s.11- r/✓ ":.// .✓„ .f..c/ /s f. l.J r rr r ,- „„pis / ../r.,JJz r '/ c. } ✓ r„ .f. ,s /! l ,z/z1» ,l„ >r rv� ✓ s /, rl}' ./.. .✓ r' r� M/.,:r,� r .rrz/. J <It ,sf .r• r.. r o. / / '.� 1.r' .yG" ;'S. ..ri .?,lr ./'. .r .,t'. �,.-J `/r >,/ s..zi„„s rr., r� ✓r ,�,!zr rl`✓r/'.,/r f"r r/. ,f r/f .J /r S zr' i' n.. o r J/ra rr`rs?' )� ,r/rrr'.li r✓� /? ,,l . .Lrrs' /r» :��, � r r fit rJi ✓? �Jr Jz` :fr lr,, fr""". �s,?rY3, /»rs..�Yrr ry ✓.,fYr//,,�, -. 18 All over 50 MCF 2.30 2.35 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. b. Summer rates from April Cycle 11 through November Cycle 10 . r r / .r✓' ./�, s l: r f 1, f. ✓ / / . a✓ .a ./ .,r ,.r rrf ,:rJ�, ✓�, 1./. ,f, / ..u>. „»t..Ja/. / ..f/. r>>: r ,r -> ? !� ✓ r✓ .. ,f fl >,.>/.,, �,»r. -rlS .;Y: .J` a f /", ,✓., t f/ w/ .g, �;os`>r.,./ f/ r„s,r.>� r� �.., t f 3.(r, ,.✓ J r" J t{J',1. 1/ ,} ...',Jr/sr. f .,f 'r` o/>. }fr.., r- r. ✓/r �5.' i,`. .,' ,Y r,'`ri> r .:,Y..., ,��, ✓„Y,o. .f »r5 Y// ,l �,,,/r,x< r'r.'- r.. ,f >., r f'l r,r u. . r r >n» f.. ..nl„. , r rr,Y»' :�. ,..✓.. ✓. ,r'. / :;(` //,'. .r /�;r sf,.r / ✓ 7r..r .f/, »/ .,,1,, r r. l: �, .r, a-rs. ,rr, >r�}, 'f Iv'-,:. J /. / f � / �, frf Jf..,..> ..SY .f r,. !�/r,� .>+r,ur, r•r.y'. /' r. ri. r J ,f ~r./rr "r"/, sr rr. r "i .r'}r f✓/'r.. s} ,,,, ,,, r-l�r.,r..,rr. ,,, >:: /»/ / .� 'fr, .f�. Y ,}./rr F :r� .;�. ✓'r>s..,. rf/� 1 .-Jr, ..f. } �r rf {. r✓../ .�,>.3 /f:f .✓`. flJ ./. �Ir «r } tr,...,. 5lE s f�nl� i.: 4 f f l ..Yf/' //' ,`.>,, -,.,�»., Jf� /r.,� rJ ✓/ .5: ! ,.s .,t rl c .,.r� r..-. >, ,fr:r r r'✓r S� ?'f<,rff,<c > �i.<,r rtl r r� r„ r„,r„ � ../ .-s" {Tr>� / f .J I .r / 3' ,l .,.,/„� ,r ✓. f.trr/r//r. .�.. /rr ,�. t % rr.r'I ) ,St.,r y,r'r. 1 r P. r`f..,, ,:, fir .r l ?./✓ ..f -%, r rf,,�,,../r`/r 3f..,f /..o' r F,..`7 f.. .{/r ,!l�.,r/f. s/c. �.�i�J /s✓� :.l>f/r-, � .},.2. �,.r..r�>.f {}f>'. ,a/'i f . .F. rJ�f'.,!r, ":�, r�,r/r�,ur.J t rr..E?✓/?,r.,r.�,,./r{ {!t J .l t`�,< �/1r/r..,.r/f/fir. %yfl/tt .;r„rr ,,,..r /: //r},r �l-✓r r..".,r: F'/( r'rr rrr f{� /,r :r�t//!��';, f�� ,:/, .J 1 .,:J f r c,, „1,, r,,./. .✓: s�� .,: f .,:J f .,:f :f ,»l»t .,ffr l:r a.. f 3-, rt rr, rt rr, rt rr. .Y'/. ✓' J�i!..,nf rr, rt rr, rt rr, rt rr, rt rr, rt rr, r :.,5 ✓r. f { , s. r.. .J�f��Jr�f�Jr f�Jr�f�Jr f�Jr�f�Jr f�Jr�f�Jr�/'� ..3 / t �Jr�f�Jr f�Jr�f�Jr f�Jr�f�Jr f�Jr�f�Jr f�Jr�f�Jr f�Jr�f�Jr f�Jr�f�Jr�J/�/✓' /.r .f r r r r r r r r r r r r r r r r ✓ ✓ ✓ f f_ .l ✓ .f. r r r ✓. r r r ✓. r r r ✓. r r r ✓. r r r ✓. r r r ✓. r r r ✓. ✓:,f.r � 1 / f 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 f l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l »? Meter Charge $1.25 1.28 First 1 MCF (minimum bill) 11.68 11.97 Next 2 MCF 5.94 6.08 Next 3 MCF 3.43 3.52 Next 4 MCF 2.58 2.64 Next 20 MCF 1.72 1.77 Next 20 MCF 1.68 1.72 All over 50 MCF 1.53 1.57 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (b) General rate customers (commercial, industrial, and institutional rates): (1) Inside city limits: t { / / F �- ,rs,rf,. ./ ;,✓.. era,. .,,, r`,r.,, r.,., r .,.r�. ,, / ,.. .r„ r..,, r„ r�„ r„ r�„ r„ r.a..,r,>. rrr.' a I ...,r.,.r-r� .'.r .3 :.✓.: { f t. ..✓.: :.J :.1: :.J :.1: :.J: :.1: .fr. rv. f„ry»r„x.c`sf ,. fr,t .,:,. .F»� r r� r r{ ./ ., �"c` ✓, / ..,r'rr T r r� r r� r r� r r� r r� r r� r r� r.,�r r . ..J> / /r: ✓ rrr' r r /r>r`. ,r ri ,rc ,rc .r .f r` ✓: r rc ,rc ,rc ,rc ,rc ,rc ,rc ,rc r .(.. ..f -J r � �.. s s s r, r � :;r. rrl». ../'S s s s s s s s s s�.✓,<a„ r r / a ✓ J f ,:f � /r a,sf �,:J f ,:J f ,:J f ,:J f ,:f r/r.r a �?. fv r J I r e r � r� r � r Jlirr ,r. r ✓ r � r � r � r � r � r � r � r � r � r � r�. �,r �,� �� }✓sir ax>r { ✓ t. s ,�✓� -�� r r� �� ,r r� �� ,r r� �� ,r r� �� ,r �. ..r..r r �� .� r �� .� r �� .� r �� .� r �� .� r �� .� r �� .� ��. r,F r f S` 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 f ...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.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l..�l.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.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l.o: 19 r» , ,�;r s f: rr.s'"r t'. ✓ l /f r 1 1 f. ..;� r` c f„ Yfr s, v'cr,fY/i ftl1.fr''f;r;. ar., f � rr..� »�;"�a � r �"F'� ,�,rr..s ,Yrr ;J.;. �J aJ"; "r`r•C/rrS/1 �x>r { r. r,F x f r / sr 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 f ...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.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l..�l.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.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l.�: Meter Charge $12.02 12.32 First 1 MCF (minimum bill) 9.69 9.93 Next 2 MCF 5.30 5.43 Next 3 MCF 4.95 5.07 Next 4 MCF 4.86 4.98 Next 40 MCF 4.76 4.88 Next 50 MCF 2.05 2.10 Next 100 MCF 1.71 1.75 Next 100 MCF 1.50 1.54 Next 700 MCF 1.43 1.47 Next 1,000 MCF 1.24 1.27 Next 13,000 MCF 1.11 1.14 All over 15,000 MCF 1.06 1.09 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (2) Outside city limits: 20 r / r. r Y .// z4,, ✓ } /, / 1F, r rf r r rsr c F r l / rrr, � rrr JJ c r r I1. v> "r". ?, »»..,../»,,,,rz, n»,r" >„ >i...".r ,.� ...»..> f.f. r ".,. ✓ r /. rr ."rr,.. s / ,r, ,l t .r'. n ,/.,r/sr..r 'd.l. .J! .J ..rr` :✓ /r /. ,? € /"�„ I, r 5I r'.>! .,/, n. .r. fF. !:�/d l�./ r t x .,/., ',/, r r, .,r �✓ '��' r r.. / ,r.»,>r,.{.,. I ✓ s. n r. .r c. l r. r >s>�.r ,,..rz r` f". s.. 1?.;r nc rn r.. ".I rr' .rr�� >.%f-rr,»r»if »nza�r .7 ,s.J_ rr✓ :.// .✓„ .f..c/ /s f. r.f r rr r ',..%,,,.nF s / ..✓r..,JJr r r .c. }r r r., ..f r /%' l ,r/z1» ,l„ >r rvn ✓ s r r}' ./.. .✓ r' r M/.,:r,n r .rrr. ✓,r /'r s..s ,r" v,r. ..r. .o .7 r r: r/1>, i �' ,( rf»..rrr' u.<:,'.-i`�>� �,.,ry t,�..;/lr.IrulGr/Undfr,r. ��.,,r;� ?t,.,r. Gr >°rrn>,r,,,:;s r,�.s�.�rc�/rl/U rsy rr.,:.�,,,,../�'rrs!I r.,F<,tr J.:r,ern".,,f»��~<r,!r/.✓/rs:,/,1� .r ?,s�,r,%ff/?ar s..zn„„s rr., r Ir rr rnrrrf r r. ,fr/f .J /r S r i' ~t.. o ✓ (/fa rr`rr )� rld .r.r/rr err rz, vr. .z s.t:�r' J rrr airr err err err n�r+ �" F s �.�.. s s sYr. r � �., l -1. s sn.. s s s s s s...✓,.,, r , r ?. r I rn rn rn rn.r r/ ? r rn rr �rn rn rn r r rn r r rn r r .,,q- „r✓ t J rr rr. .rr rr. .rr rr. .rr r "/" r .,!. .rr rr. .rr rr. .rr rr. .rr .rr.'.rr .rr.'.rr .rr.'.rr nx,r r. rJ { ✓ J. r r. I rrr' r. r,F z f r r r/ /,rr./,:rrr./,:rrr./,:rrr./,:rrr./,:rr r„r,)rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr./, /,:.... 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 ...1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l..�l.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.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l.�: Meter Charge $15.02 15.40 First 1 MCF (minimum bill) 11.95 12.24 Next 2 MCF 5.94 6.08 Next 3 MCF 5.54 5.68 Next 4 MCF 5.44 5.58 Next 40 MCF 5.33 5.47 Next 50 MCF 2.30 2.35 Next 100 MCF 1.92 1.96 Next 100 MCF 1.68 1.72 Next 700 MCF 1.60 1.65 Next 1,000 MCF 1.39 1.42 Next 13,000 MCF 1.24 1.28 All over 15,000 MCF 1.19 1.22 21 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (c) Seasonal customers (partial year service)rates. (All customers who have requested a cutoff and re-connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the premises, shall be classified as seasonal customers, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas furnished and delivered to the meters by the gas department of the city): (1) Inside city limits: / r n r / > r. t r €€ n.rr,✓,nr.,,/r,, ro>s. >,u G. .,r. s r�., rf lr 'r,.,rr.. ,,,r ,. > rr✓ Ts: � f / ry rf .,1. ,,,,, J. r'. .IJ ,.r .-;r ./ :,A tsar ,or /'� 3" ✓. s.. /" lr'' .:tf >>9, r /. . �r r ..f, .r,.,- '✓ �n r:, /r. l .>,.; '.r,,r ,1,Y.. . .':.rr rs S ",'. / r, r , f /, ,ri.,,., .r ,/rJ €Ur o r r J r r ✓ ,...,S f� .� .,,-, ✓ ..7 /fJJ� /` ;'.r rs..r, , ^:....r, rrr..,»<S, .:r o I6/. G. r...../ f s n1s. J '.r.. .r?J,r�r r .{rrff .� s„?/r,.r,. / ✓t ,.r ��,r </rr< r .fi .1.. ..,�o,- ,>�,rr ./J1- J.'.r y^`' .yT; f,., r>."l G Y 1:. r>.nr,,.f r,rr�G- / r r!. ..r '>tis``'f//� r S� .I4" .r' r J. r' r ✓'s. Y /r. f. �` f,r.G„f,1c.. /r „r' r. �, rr', 1. t r. J r� �✓ /, u,.,� ri. .: ,-'.' fr r'rt .1.. /r.i`s .. f.✓/ f ..r.. f�� ./.' r^ rr'f.. .:.G..,. rl, f�.-/.,;.. .1%z.,�., f 1 r3 r n"t ui f✓ r � ,.srr /r rr' rr../.:? ,/U.. r. J. .f�, >f 'i"„✓. 7is/i. ! :r`i. ,9 >./ irr J J. .r s f. rr .,�%. rT f I T f u r Jfl / Jr J`- f/fT/ fl. rf f. ✓{ ri/". f=//o,.r.> :ra.%l. / r'1 ,r JS lr rr' .ra l.. f rr':. .rr€ .r rr Prrr ,'��. 'r�', .,rrr.. / ..rr: Trf,�s ✓ r S'r. nfr`'..r Ir/. ...J.'/ / � r .fr f r .f. s','r)1;n ✓ t..f s>'S. rti >.,� r^ rt.. rr. G>� fr., rf,nr`/r ✓ '1 ../ l sr s€ .c ,�... .n,u l t. ,ff� ...'r �/r .>x./ J fff,';f:r'f f flJ{i"r .ft'. ✓>=/ / f l ”,r/{. 3J ff rrl/f "!r /J rS I,..t"..;;l, r -flF /ft -.�;ZI�S Y f/r:.3., r f/ ."'// //:3/rr}r.. s .z �.. � � f s�., s s s vrr rsr ,�`%�� . 'rr ' .,r s s s s s s ✓r. ' r r,'� r 1 f s' s' .G ,-, l£, /�',., �..✓ lr rr�/ s i�� s'.. s' s'.. s' s'.. f. rr. rJ. l� r'/� f rr rr rr rr r ?/r � r r rrr rr rr rs rr rr rr rr rr rr .,,q; „r✓ r I /r /r, rr /r, rr /r, rr .l'" "/' r r, rf rr, rf rr.'rf rr, rf rr.'rf rr.'rf rr.'rf nx,r f ✓ . T. r rrrr Sr�l�r r r rrr r r rrr r r rrr r r rrr /", fl'31�/ter 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 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 f f Meter Charge $ 1.00 1.03 First 1 MCF (minimum bill) 15.71 16.10 Next 2 MCF 14.19 14.54 Next 3 MCF 10.46 10.72 Next 4 MCF 6.74 6.91 Next 30 MCF 2.89 2.96 Next 20 MCF 2.47 2.53 All over 50 MCF 2.05 2.10 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (2) Outside city limits: 22 r / r. r Y .// z4,, ✓ } /, / 1F, r rf r r rsr c F r l / rrr, � rrr JJ c r r I1. v> "r". ?, »»..,../»,,,,rz, n»,r" >„ >i...".r ,.� ...»..> f.f. r ".,. ✓ r /. rr ."rr,.. s / ,r, ,l t .r'. n ,/.,r/sr..r 'd.l. .J! .J ..rr` :✓ /r /. ,? € /"�„ I, r 5I r'.>! .,/, n. .r. fF. !:�/d l�./ r t x .,/., ',/, r r, .,r �✓ '��' r r.. / ,r.»,>r,.{.,. I ✓ s. n r. .r c. l r. r >s>�.r ,,..rz r` f". s.. 1?.;r nc rn r.. ".I rr' .rr�� >.%f-rr,»r»if »nza�r .7 ,s.J_ rr✓ :.// .✓„ .f..c/ /s f. r.f r rr r ',..%,,,.nF s / ..✓r..,JJr r r .c. }r r r., ..f r /%' l ,r/z1» ,l„ >r rvn ✓ s r r}' ./.. .✓ r' r M/.,:r,n r .rrr. ✓,r /'r s..s ,r" v,r. ..r. .o .7 r r: r/1>, i �' ,( rf»..rrr' u.<:,'.-i`�>� �,.,ry t,�..;/lr.IrulGr/Undfr,r. ��.,,r;� ?t,.,r. Gr >°rrn>,r,,,:;s r,�.s�.�rc�/rl/U rsy rr.,:.�,,,,../�'rrs!I r.,F<,tr J.:r,ern".,,f»��~<r,!r/.✓/rs:,/,1� .r ?,s�,r,%ff/?ar s..zn„„s rr., r Ir rr rnrrrf r r. ,fr/f .J /r S r i' ~t.. o ✓ (/fa rr`rr )� rld .r.r/rr err rz, vr. .z s.t:�r' J rrr airr err err err n�r+ �" F s �.�.. s s sYr. r � �., l -1. s sn.. s s s s s s...✓,.,, r , r ?. r I rn rn rn rn.r r/ ? r rn rr �rn rn rn r r rn r r rn r r .,,q- „r✓ t J rr rr. .rr rr. .rr rr. .rr r "/" r .,!. .rr rr. .rr rr. .rr rr. .rr .rr.'.rr .rr.'.rr .rr.'.rr nx,r r. rJ { ✓ J. r r. I rrr' r. r,F z f r r r/ /,rr./,:rrr./,:rrr./,:rrr./,:rrr./,:rr r„r,)rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr./, /,:.... 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 ...1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l..�l.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.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l.�: Meter Charge $ 1.25 1.28 First 1 MCF (minimum bill) 18.87 19.34 Next 2 MCF 15.89 16.28 Next 3 MCF 11.72 12.01 Next 4 MCF 7.55 7.74 Next 20 MCF 3.24 3.32 Next 20 MCF 2.77 2.83 All over 50 MCF 2.30 2.35 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (d) Incentive air cooling and conditioning rate customers rates. (Limited to customers using less than fifteen thousand (15,000) MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and have an average used in MCF per month in the seven (7) summer months that exceeds the five (5) winter months in average use, when inspected and approved by the gas department, who request in writing to be billed in the summer months on the summer incentive gas rate schedule starting with Cycle 11 in April and ending with the billing Cycle 10 in November shall be billed on the following rate schedule): (1) Inside city limits: 23 } t rr f f v' f '✓ l f. n ✓ f.,. r srr r ,r �� » ✓ / 5, rJ.. r'. r zr. .Sf ./. ..f f ✓ ✓ r „r, ✓ / f r / f ,r1�,. .'✓r t .s ffr;;,>r ...y. ✓� r/ r �> r rr ✓.. / %'Y 1. 7.. !.,,,r ', f ru ., ✓ f. `' � S. ;r .:� , /> r :�4 I.,!r�'✓., r/ N�r��. f }. !. F/ ..f .r. ✓ ,.7 ,a, t /rf. S, / I. r } f..2 .-``.� .:s'. s ✓.Gt .r f r. .✓ a, .) It :6. t 1 .:is -.f. S: .l. /,? '�tt� f' l rs ✓ 3. ..r' .r,? f .� r> ✓.,, ,^': .r -t f , .r!,{. .�� r ,f? .✓. .3.', c .✓f f.Y'' '�/ .../ ..r r r rr r ✓�,,.. s .'t 5":� .,s F / f. r. ✓ :✓.. r}rsl. .fr. s' .s 1 a' srji �,' .a r`./ f t r.7.' J .?, r✓., r r. ;' .»l. ,.:S,.r.�, ✓r »�" c ✓r.' r(f. f r.r .Ir.r r rf >✓sr. r`' r F ✓. �,...f' s1� .,, :G ..rr=. f !' f7s .r } r z .n: .„// r lc r ,.r' r t.rs.r ,, .r ,/, > ✓ 7 ✓.r,f,>;, ..7.. ..,? f r' ..J s7 .;!r / ..r . / c.. i"rr �. .r'.f ✓ €r I'. .fr_ .,raJ. r„ „'t f r. -£ .' t f �, 7u�- srf. ,'r. f3/s .✓ f :f .s} f -.a- �,r{a s .J1 / :f. rr ,f sf ,.f : r:. },.>,z r, yr., ., ;.,'.t. 1. ';' ,. ..ru. ./ryy.. r .r, ,}, r. ,;fr' ✓: 3 r.. �. .;.' .✓�n ✓r/ s` r. ,�. 's' f ,! of ..��»,£'.'xe ,r 'rf. r` 1. .x 7. 7 >,.,r'o,rif" .,. �.r ✓: S✓/�f Sr. ',.? � a t >, /,^' f ✓ r. s fir?' / YI /� S... / ,t r r.f lr t r r o f f ✓ / l `/ t r/ � r r`. �' .».,.,,,. r l l .s o ,.,,f».. „>,� .. .,, /' .lr. ,ff ..r t,l » ✓., sf .1..:?� I / :../! sa :.:>.. 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S af- sf /, r f/.fr''r ;/ .r�r,.sr•6 %`..3fr �,.f ;' s:,' }fr�;�r;/ >�J.,s. ;f ;f :r,:r. .a rf.JrrilfJ .� �f crri crri 1r< �r � /t✓ .f cr�i crri cr�i crri cr .,r I! f r'l rl rf✓ /l rl rl rl rl. rr rr rf� r ,. fr fr fr rr rr f � r r f rt ✓ ?. ✓ � e r r r a r r r a,. r„- t,` s,� r r r a r s r s r a r s r a r s r a r r ;s. /tots r 1 1 1 1 1 , ,,.r, ..r ✓ rl s s.. /r.> r 1 1 <1 1 <1 1 <1 1 <1 /.. ,,.f€,- „�G.- f I rr rf. rrr rf. rrr rf. ✓f. 3 f l./ r /v`� ✓f. rr. ✓f. rr. ✓f. rr. ✓f. rr. ✓f. rr. ✓f. ;� r.' a.i<;.f,.,/,,vrff.r' l,rL r£ !r'S t' .f/ .✓�.:!./J�,?11 Fl. �. .f. t'`., x.rr;J ,>`J,.,>`J ,1 J,.,1 J ,>`J,.,1 J ,1 J,.,>`r:s' s s ,>✓J,.,1 J ,>✓J,.,1 J ,1 J,.,1 J ,>✓J,.,1 J ,1 J,.,1 J ,>✓J,.,1 J r 1. r { f s r'. r f„ ,✓� 'r. r r. r. r.,r r. r. r.,r r. r. r.,r r. r. f..,r .,s ,.✓;�,r r..f.,r r. r. r.,r r. r. r.,r r. r. r.,r r. r. r.,r r. r. r.,r r. r. r.,f� f F s, ,x s` s .,.»;.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,.r,.r,.✓,.»;.r,.r,.,; Meter Charge $12.02 12.32 First 1 MCF (minimum bill) 9.69 9.93 Next 2 MCF 5.30 5.43 Next 3 MCF 4.95 5.07 Next 4 MCF 4.29 4.40 Next 40 MCF 3.62 3.71 Next 150 MCF 1.54 1.58 Next 100 MCF 1.43 1.47 Next 700 MCF 1.24 1.27 Next 1,000 MCF 1.11 1.14 Next 13,000 MCF 1.06 1.09 All over 15,000 MCF 1.01 1.04 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (2) Outside city limits: 24 f r f r f r r I r r r 2 .t 3 9 .f ✓f � ff € r s �l s ✓ �� r,f6 €. t,J f „r,., (f s ✓ r �/ it^, fsfY,✓ r r. �i r. try cf ri r ✓., a � i,,, i' �s'r. l r. r d .f r' r`•6.,�r,' ✓x: ,�. c.f f r. ;t. +f";: :✓:l f r7 f f.rx', u f "„�. 1=�. ,7= �. ,�7 ( v� ,.' f :.,f l � r nib/ ( >r/ �.>r u. ...{ r.. „ m✓ G z ✓ / ,. s,. _ ....l.. /rr. r.'. .. r r � J P ..r. ../ �' z ".:f. :;:✓ ,,.r„%.n .,a" (. r.✓`. ..r / .:r / .,f � /,✓'.._ r ,'r ,�rm I f.- r'�=/ ;7 J- r. .r ,�D. P .f,n s" rf. f ✓ _ .,," ./!�.r .1t 3�I .�. G:' r.xtr,,. .:✓" 3' // Yr lr'� r v rrr/f"/ r`fr `t✓..:r' _✓ .,f�1 rrJ�% /.. rr sf�fl. s„r .€ .!, :.sf ts' ✓-;."„? . u..r,.r t t. / t, / �.f� >J✓',./ /zJ r: / f/ f r r>. r .� >, , r,>_;.�. f.,. rf "�./al 1 .r;rf Yr v7.,J✓ / u' n,” .r. ✓ �,'`r` -r'r G r�. ..rJ,�.,,..r,,. �,.f / r ./ f.f ✓_ ..f �i- ..r f/ .ff.f! r /l r..�..€ .r!. ,S::/?,'/' .� ":ff 5 r.x/f>'r.=a r',,,ir f. „r:. f'r .P„ II. f�. f, /.r:' ,.f=-r .::,� r .5 f z I/ f.,' /.� >>�rr,-% ._ ..> �:;r. ✓ r`. .r Ifi n,rsf.»f s ..; .r/f r`>�, ✓= 7 ,'. /I ..r'.s .r, .r,rr l r 3 t 5: r, � fP f r F =�� rr,./rr I. J y r � /✓ i€ fs r /✓ . />•rf .? ,� .( Ir �/ ;�>(s I l .f �rr' -�. :? f' � Y.� J r` �'I,:rS ftt.=a<a, r:. .. s f” frr.f.r€a r? ,'.. ,.y ...,r r. f r. ...P'r ✓' t. fi ;' Jr z�/lc� Y /Yr., .s .,✓.� t` r:f. /„ f. ✓. f!. ,' f!: '.J✓ „J,f„/:> c .! �f f. -;'. ✓ .r,., Pr'. .f. ..r/:: '.9:f,-:�3/,r.�.f 1,.,,,J,.. JP� a -sru f✓ r ;' .f.✓f r .l-.�r f✓ rr• r ,lr: ,f.. ff= :,rz �t /, r r./ �-..,r. �,,,,,,✓>...r„rr„.;a.,�, / Y,.,> r. ,f, ,. r.=orl,rr�=,� .r' ., .'". .r f r� ,i..., .r t 1, f /,. .,r. .Gr: ✓ l ..✓ f 'r.., r.r ✓ /s .,f,.. f,rr,� „l€„ r.r/�, r l r"f`P ri;/ f,r ,,. .r P. ,r f, ,,,,1,,, 'z .P- ✓f':>: ..�,. ,,.✓.! .,.r.>, ,.�,r,r, f r ,l.r r .f .,r', .....!„c..rr: ./`. .:1..;' .s r- Jf,,. r ,», r r r's' �r.l �. .s r s. :r. ✓ .,s l✓f .r 5. ,.: .,€,, ,v,u._ ., ,f / �,s /- >,rur,.,.F s rf' rf f IC ✓ rrr rr fs=r r ,G /, fs`: / r. rPfr , 1 rear:v 1..,f/,%'„>Prr/, ,.°,-�.'f�s.s✓>!%r.;.rt/ar y. r..,.� z7//f,�P,,;s:�5rr.,r;,%r,> �,rl-;,rl„ i�rf/,i�:ri�/A�/,;,:,,`..,f��1.r';�rr,i'/u, ..Ir,✓�>,=r,ll:'�.: l/Y.,:�fsr,/x�.l rf.x.ff''uLl;::. ✓,:;:.va c .r f rx€,i,?5 f r r.. r r ). r n.9/ ✓ z f f/-.J 71 r Sla"': !f rr..!r ”.✓ �' r ✓ .,�e J� �?r/lla r' �f zrri crri rrr Pr � 1,✓ :f cr;'f crri crri crri cr �r I! / r'l rf rfJ /l rf rf rf rf. !r !r Y r ✓ ,. r fr fr fr fr r r r z rt ;-". .✓J I'. I'. I'. aJ!� "a € ,>»f !� rr It. �.� � I I'. I'. I'. I'. r`.rr.,,,_ „/r.u'..rl�..r.>G ,7„r„✓=.»../.rr ./'.rr .f.rr .f.rr .f.rr .f.rr .f.1,.r„r.,.,,,,,:..�,_,:. �=n„/„ ,a<. .:rn./.rr ./.rr .f.rr .f.rr .f.rr .f.rr .f.rr .f.rr .f.rr .f.rr .f.rr a.i<;Pf.„✓,lrrf.r' lPL r£ !/'S i” .f/ .t�.:!./Jlr,?11 F.r. �.. .r. ! _ �`.: x.f✓;J ,1 J,.,1 J ,1 J,.,1 J ,1 J,.,1 J ,1 J,.,1 r`:s f r ,1 J,.,1 J ,1 J,.,1 J ,1 J,.,1 J ,1 J,.,1 J ,1 J,.,1 J ,1 J,.,1 J r 1. ✓ { f f r'. ,�” -r. r r. r. r.,r r. r. r.,r r. r. r.,r r. r. f...r .,s ,.✓;�,r {..f.,r r. r. r.,r r. r. r.,r r. r. r.,r r. r. r.,r r. r. r.,r r. r. r.,f� f Yr„ Sr�l�r r r rrr r r rrr r r rrr r r rrr 3�r v:r"� �r»rr.,'rr>:r,��Sr r rrr r r rrr r r rrr r r rrr r r rrr r r rrr r r rrr l- r, ,x ✓ , fr s` r Meter Charge $15.02 15.40 First 1 MCF (minimum bill) 11.95 12.24 Next 2 MCF 5.94 6.08 Next 3 MCF 5.54 5.68 Next 4 MCF 4.80 4.93 Next 40 MCF 4.05 4.16 Next 150 MCF 1.72 1.77 Next 100 MCF 1.60 1.65 Next 700 MCF 1.39 1.42 Next 1,000 MCF 1.24 1.28 Next 13,000 MCF 1.19 1.22 All over 15,000 MCF 1.13 1.16 25 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (e) Purchased gas adjustment. The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the city following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and gas loss and unaccounted-for factors. Additional fees and charges paid to the supplier, which are necessary for the city to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over fifteen thousand (15,000) MCF in one (1) month, and who receive gas from the city's distribution system at the same pressure base at which the city receives the gas from its supplier(14.65 psi), shall be billed 2.05 per cent less per MCF for purchased gas adjustment than the general customer rate schedule. (f) Interruptions. Deliveries of gas to commercial or industrial customers may be interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from any cause whatsoever, to conserve gas for residential and other human need customers served hereunder, according to all mandatory orders of governmental agencies having jurisdiction. (Code 1958. §§38-46, 38-47, Ord, No, 8552, § 1, 8-2-1967,Ord, No, 9685, § 1, 3-25-1970,Ord, No, 9812, § 1, 6-24-1970,Ord, No, 9883, §2, 8-12-19701-Ord, No, 11614. § 1, 8-8-1973,Ord, No, 11755, § 1, 10-24-1973, Ord, No, 11867, § 1, 1-9-1974, Ord, No, 12210, § 1, 8-7-1974, Ord, No, 150143, § 1, 8-8-1979, Ord, No, 157011, §§ 1, 3, 8-13-19801, Ord, No, 15950. §§ 1, 3, 12-24-19801- Ord, No. 16451. § 1, 8-12-1981,Ord, No, 16582. § 1, 101-7- 1981,Ord, No, 17155, §§ 1, 2, 4, 7-28-1982,Ord, No. 17761, §§ 1, 2, 4, 8-3-1983,Ord, No, 18939, §§ 1, 2, 4, 7- 23-1985,Ord, No, 21001, § 1, 101-9-1990, Ord, No, 21439, § 1, 7-21-1992,Ord, No, 21814, § 1(d), 12-14-19931, Ord, No. 23706, § 1, 7-20-1999,Ord, No, 24132, § 1, 7-25-2000,Ord, No. 24531. § 1c, 7-24-2001, Ord, No, 24969, §4, 7-23-2002,Ord, No, 25396, §4, 7-22-20031-Ord, No, 025866, §3, 7-27-2004, Ord, No, 026368, §3, 7-26-2005,Ord, No, 026900. §3, 7-25-2006,Ord, No, 027355, §3, 7-24-2007, Ord, No, 027781. §5, 7-22-20081, Ord, No, 028256, §3, 7-28-2009,Ord, No, 028688, § 1, 7-20-2010) SECTION 4. The gas rates established in Section 3 of this ordinance shall take effect and be applied against all service provided on or after the first day of August, 2013. SECTION 5. Section 55-70 of the Code of Ordinances regarding water utility tap fees is revised to read as follows: ec® 55-70. Adoption of rules, regulations and water and gas fees® The rules and regulations concerning the control, operation and administration of utility taps or service connections of water, gas and sewer utilities owned by the city and the regulations prescribing fees for utility taps or service connections are hereby adopted and approved as follows: (1) Utility tap applications. Applications for water, gas or sewer taps may be accepted from anyone who has properly applied for a building or plumbing permit for taps to be 26 made inside or outside the city, and the fees for such taps shall be paid before the permit is issued. Impact fees have been adopted in accordance with the Texas Local Government Code, Chapter 395 for certain areas of the city. The fee schedule and map for such fees in contained in Appendix A of the Platting Ordinances of the City Corpus Christi. (2) Utility tap fee payment. Utility tap fees will be paid in cash upon application of utility taps. Where applicant has requested a water line extension and water tap, he may make payment upon an installment basis as hereto set forth. Water tap charge and water line extension charge may be paid upon an installment basis with the owner being furnished the necessary forms for execution including a promissory note and mechanic's and materialman's lien contract. If a cash payment is made at the time of delivery of the executed note and mechanic's lien paper, the note shall be for the balance of the installation charges. If no cash payment is made, the note shall be for the total amount of the installation charges applicable to the property to be served. There shall be a carrying charge on any balance of five (5) per cent per annum for the period covered by all of the installation payment, with such total payable in monthly installments not exceeding twenty- four(24) installments. All monthly installments will be made at the accounting office of the city department of public utilities and will be due and payable monthly on the same due date as the regular utility bill applicable to the property. Such installment note and contract shall contain a provision to the effect that the property owner agrees to make the monthly payments as therein set forth and further that the owner's water meter deposit can be applied to any payment becoming delinquent. Such contract shall also provide that the city shall have the right to discontinue water service to the property in the event any of the installment payments become delinquent. (3) Utility tap fees defined. Utility tap fees are separate and distinct from any plumbing permit or inspection fees and will not be construed as being a part of or as including such fees. (4) Utility tap fees extra charges. No charges will be made in addition to utility tap fees for street cuts; however, for taps outside the city, which cannot be readily made to existing lateral lines provided for such services or for taps which involve major highway crossings or taps to major mains or trunk lines and similar cases, charges will be made to cover the entire cost of all work and material, including meters, if any, as estimated by the city. (5) Fee schedule, gas: (a) Inside city limits: f r t r f r f .f Y � r ✓'. ./ .f f Y I f : ✓ r r " ,r f f... s. .✓ r`r :! s". f. f: f. f. rr,.., "f w ,�:r,f,>r,,..,.c`✓ ./ >r. ., r f .I f. f. f. xf .�' ,r,.,., .,,, ,, >y ,. rr:/. >,lS .✓ .✓ rrJ"ro' ,�.fi./, .f'' r f� t'%,. .r �- r rf.,ar,„. ,r/.,s.,,Y rr„r r ) r ✓ f. ..J r Y'r' r. r. r. r. r t >z G,»,.r, rs. rrf..✓` ,} .r . ,a ✓.r r,,,,fr ✓ rFr f f 1,,. r r, o,rf>. y �, ;�rfr F ✓rrY ,r,. / r Y / rrlrrJ .r r, ..r ✓f r. r r° J r �, I ✓ r`:' aJ I ..,r, r-. .,'. .l � /: ::J J: ::J J: ::J J: ::J J- ::✓f.. f.t. r,,.zrfsf�?t r.�.:. <.r :r?r s.. xs.f,ff.Y G sf ,. �»J✓r;-i'f, ,rf.? �` >r>rr >r>rr >r>rr >r>rr >r>rr >r>rr >r>rr >r>rr >r>rr >r>v ,s / ,fr. .r. /r } .,s✓ /`s r..✓ ,?,.+ 7 �rf.`. r.Jrr� r r,cr r,cr r,cr r,cr r,cr r,cr r,cr r,cr r,cr r,cr r,� ;'. rP. U✓. Y r/t r r.r/ zTf � J r�„ ,:nr,r f f a r' r r, r r r, r r r, r r r, r r r, r � � ✓✓�� Y� r r „rr r ✓'..�. >r fr r: � ..r r .S rfr..r;:,;, r .( f ..ffi-J ,!t r � sf. s s s s s s s s s s s f ,rrf. .rr `>rl r Cl ,;✓,/rss> r/ a ✓. .f f .f f .f f .f f .f f .f / :F � -sr, s ,.,r,,.,✓,. .�r ✓'. ✓'. r'. ✓'. r'. ✓'. r'. ✓'. r'. ✓'. r'. s' /Y', rr-.. .:-..,' r c.. ,fr,.,ff < r 2,.„Ysrr rvf ,�,?. ry r �,' 1. r`t. r`s'. r`t. r`s'. r`t. r`s'. r`t. r`s'. r`t. r`s'. r`t. r`s'. f ..f. .r :r .4 ✓. z/1 �;vW-, r. :&!. ✓tot-f f ,1 1 1 1 1 1 1 1 1 1 1 1 1 fr ,rrf."r1 /?r.:. I S ✓//x� / / .a r<. 3 f r rh ,/r ,f,rh ,f,rh ,f,rh ,f,rh ,f,rh ,f,rh ,f,rh ,f,rh ,f,rh ,f,rh ,f,rh ,f,rh ,/, r. frr f f J ✓ J o 1,f ,rs,r,,,>l; r>o; rf,r :fr lr„r Y Y Y Y Y Y Y Y Y Y Y Y Y Y .r' / /- r ,/�a. ✓Y x,,r,,rf;.,r r rY✓ z f, ry t �.� r uvh. { 1. f,. .✓ f.f.f tr.�.�.f tr.�.�.f tr.�.�.f tr.�.�.f tr.�.�.f tr.�.�.f tr.�.�.f tr.�.�.�.�.f .t.f.f.f f :s f...>%`. f.�.�.�.f r f r . 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 f .r.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l..�l.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l.r.1.1.1.1.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l. Gas-Residential, 1 and 2-family dwelling $100.00 $100.00 27 Commercial up to two inch in size 300.00 300.00 Commercial larger than two inch in size Special* Special* Loops 10.00 Meter moves 50.00 *To be determined by Gas Division at the time of the request. (b) Outside city limits: 1. Gas—Residential, 1 and 2-family dwelling $100.00 $100.00 Commercial up to two inch in size 300.00 300.00 Commercial larger than two inch in size Special* Special* Loops 10.00 Meter moves 50.00 *To be determined by Gas Division at the time of the request. (6) Definition of street taps and easement taps. (a) Street tap fees will apply to all taps made to laterals or mains in front or at the side of property to be served, regardless of whether the line to be tapped is in the street, behind the curb or in some similar position. 28 (b) Easement tap fees will apply to all taps made to mains or laterals in the rear of the property to be served, where such lines are in dedicated or established easements or alleys. (7) Service to be provided for fees. Gas, sewer and water taps will be made and services installed to a standard location. Necessary meters and regulators will be installed. The entire installation will remain the property of the city and will he maintained by the city for as long as services available from the city are desired on the property by the occupant. Maintenance of privately-owned service lines, or parts of service lines, on private property will be the responsibility of the owner, occupant or consumer. Failure to maintain such service lines will subject the service in question to discontinuance by the city. (8)Availability of service. The existence of mains or trunk lines, or even lateral lines, near a property will not constitute an obligation for she city to cap such lines on request for taps, where such lines are inaccessible due to necessary crossings of major highways or major streets or due to excessive cost or excessive distance. These special cases must be arranged for with the director of public utilities well in advance of the desired service date, to permit necessary extensions, crossings or similar construction. (9) Fee schedule, water. ✓f. a Inside city limits: r f rr t .✓ f rrY .,. C, ✓. .r .f �. ,:., s ✓. ,r,t :>.... tfYr ../Sr.,>, rr.;xa'. ... r! rr .,, ,,,, r' r !J r l t ✓ f , - J„ .».,r;r,, s,rrr/s., t „. r », £f r .rr r Tr. ,t, r. 11.). Y Y. .f r✓ :/r. .7. ,r . .r �>.,,,..,;, ..f !r ✓ f L/,,., r, r✓r.. ;r -✓./ ✓.. ..>:: .,�r f...Y` 3.,,. > P✓ rt l ! ,. //l /l!..1 ,.>/.. �7. �' ff.. ✓r✓, r{> ,,»„ z r> f/ ). � r> r. 3 r>, z ,r.,,,, > E, rs, �,t „3srF,. ,:, r. 5., >.r .c.YY✓,r .,>I .. ., .r. >. , f ,. -..? ✓' ,xF,,.>,->.,,,, �,hf fr.�> , ..r..rr r .,/ .r/ ,r„, .:✓. f ,. ,.,. „..o rr. :z,• /.< r/✓. rfr'L.Y. s, . r:-r'r wr, o f i .' r�✓r>, ,.„ >. ., ., .... � ° . ri rr:,,:t. .,. s? 3 t`rf. .. lt. . ,.. ,. ,. ,o, Z.l r f r 1 3:... � r Is ss ✓.r' �..r fr1 rri/, r I l ,,./f �� .r.,r :f.. .9. r. S., r J Y. ✓: ✓ I f f s -r >tr.r.;,.r✓»» ,,,:,> .tr, r' Yf ,-c?, ✓!` ,!'.t. f"..> Y�. r / :�/. / Y>;,y. .✓ „' f ./.r..:� ,f_ .r., .a,,.�r,r ...rf.. ,.fs ..,^. ..,, lr. r"' P. sr fz .r. ✓f',. c s r' ./ ✓.: :.J. :.;/`. f. . .,;/„ ,-„z,ffr,r. f;- 1 ,Yr .,!rr' .r ✓` ?,..,r✓? , r r,'r.,r;.. /.. f/,,v, ,r.G� �, t ,,:, �fr',�3 ;.,3 rs„ rF�,. .,.%>r.r`. n r f ..r:f;,-»rl. ;>fs s✓ rG r s.✓, f r»J r;l..: .rr.,?. � ✓ /.. ,r` /✓. f f:,r:>.n it r �rj`.- r.lr✓� r f,cr f,rcr f,rcr f,rt», frrr/ .f l.f ✓ .qr .,r. y. I^`lrr �',�,:.: ? � ✓r 1,/ r rl r/ r/ rl ,c }l / r . !,r. t rs s ✓ !!r ,.f...>,.rt... ..f. -J /.rr � s�.. s s s s /.. � .!/ r ✓.GY. Sr`.:✓ J 0 ,rr f .�. f�f,.. J.rw, ,, f ..fi !t .1r � s u`✓ .✓`/sl r -r./ r .f.r;..r .F rr .{`f.,ar �,?., fv.. ✓ .l!` �. r�. r�. r�. r�. r�.t r! r ,r, /s /".f:., /cs ✓. r,_'. .r� /... t ."s .€ ,,>r f if i f r .1 r ! r / f ✓fr r ✓ r .z,..,», ., ,r n ., ✓'�, r .>„,r,r✓ 7f f r ft r rr..,s z L^/f' r3 i f.?.. r. r/`! .,r :&�. .Ito I-s f 1 f` 1 f` 1 :1 .✓ G f. /,r .t,r., s..f3 :1 ,r ..r r r ,r`I f! « o=: ./r rt, I !✓.. ✓/� /'r..: /rr.>,l,rr.:>,l,rr.>,l,rr.:>,lr. /r. / I Ff l,rr.>,/,,,rr.,r rf f. /`r'. /r..: Df .Yr- J..f f ..J I„rtxr. Y3. Yr Y3. Yr Y3. Yr Yr . Ci!`Y' .!' ?✓.rs..l,//ry fr. Yr Yr. .,✓ ✓`.. %7 Yr. Yf. i . a.Y�;.f,..,✓.:,rr�.r' lrL✓.-., .-1 �tC ,✓ r&cs... .Y s I:r f.n>r✓r/t�ufs uY/,: 3.' .f1 `., xss;J ,1 J,,1 J ,1 J,,1 J ,1 J,,1 J ,1 J,,1 J,,1 J f r J ,1 J,1 r 1 r � J ,1 J ,1 J,,1 J ✓ r>-r..(>>.,r..(>>.,r..(>>.,r..(>>.,r..(>>.,r..(>>.,r..(>>.,r..(>>.,r..(>=> f ./ r✓f>>.,r..(>>.,r..(>>.,r..(>=> I' ,1.,> ,r..(>>.,r..(>>.,r..(>> s�. f t / ✓Y / ✓ a5. G f ! ✓,. .r .f.f.�`lr l`l`.�`lr l`l`.�`lr l`l`.�`lr l`l`.�`lr.,?r.r?r. r.. t.,?:'f lr l`l`f lr.,?r.,?'.� r .f' f f lr.,?r.,?'f lr.,?r.,?' `/f Y!„',,,f%„f%rf%„f%„f%„f%rf%„f%„f%„f%rf%„l;„f%„f%,f%„f%„f%„f%,f%„f%„f%,.>, ,r<f,",f%c.f%c.f%c.f%c.f%c.f%c.f%c.f%c.f%rJ`. ,Y!„°',f%„f%„f%„f%,f%„f%„f%„f%„f%„u✓ s / r rl,r, rrr.rrrrrrrrrrrrrrrrrrrr .. rlrrrlrrrlrrrlr ! rrr ! ! ! r ! ! ! r ! ! ! lr,, ssssssssssssssssssssssssss / sssssssssssssss / sssssssssssssss 5/8 inch x 3/a inch $561.00 617.10 $469.00 515.90 3/a inch 576.00 633.60 484.00 532.40 1inch 734.00 807.40 641.00 705.10 Over 1 inch Special* Special* Loops*, minimum 250.00 275.00 250.00 275.00 Meter moves*, minimum 60.00 66.00 60.00 66.00 29 *Denotes costs to be specified by the director of water utilities based on circumstances. (b) Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. n / r r r/ l l. /,> . r✓r.r s'f sf f s/f sf f s/f s'.. ,r.'?/"'*r r rl./ fa' /r s.J s'f sf f s/f sf f,a»,» rl ,r/ /..yfJr r l f r'', fr'�. i7�./✓..r,/, rF f Y. ✓ r r ON- 5/8 r f f f r r r r r r r r r r rr J ,1 J ,1 J r,1 J ,1 J r,1 J ,1 J r,1 J ,1 J r,1/ 1/ ✓ r ..r f s / trrrtrrrtrrrtrrrtrrrtrrrtt rrrrrrrrrrrrrrrrrrrrrrr 1tf'I?rrrrrrrrrrrrrrrrrrrrrrrrrrrr: � rrrrrrrrrrrrrrrrrrrrrrrrr>r. / � sssssssssssssssssssssssssssss Jrssssssssssssssssssssssssss 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........., inch x 3/a inch $169.00 185.90 3/a inch 183.00 201.30 1inch 228.00 250.80 c Outside city limits: / r r F r / < / T r rsr r, rF f r= / s r 1. / /'. f. ./ 1- 7 P. c Z ,. ':;� s //.,". r. h :/.c f, F ✓ .. !/. ,, ,,>:,>,rr;, /' rf. "',�./r,t. -rs�? .:r: ,»r,,�,: �.,?r�,,,,,5r >2. ✓ ,;,✓-r/ ). �// �,.</„ 1 f ,.r'/> .,, ,( l f/' t r5..,/ ..t .r l ,r F ✓. .,;' ..Js. ,.f. .,»:.r/ .r.. y.., ,�' r '..r f,�,s,„»; >r /. .»ft✓.. �- rS k f ,✓"/rr,/rr„ „/lF/..r J / /�,:/,r / .r ;,✓£ ?`, ,ff,��.;.r /l: if r,,., r,�, l /s 2f. /' .<< .f (, r J /1.,:.f>f r�' r'r/ !:f ifs X? ,-rr .✓. f. r l /," / r�� ! � sr. Jr/ / rl r/ r/. r!>t r/' r„ ..r.�ir/r . � ✓. Y.r rr s f.. f .r.:, r„>,..YsrF / ,;?. fv.. r (r` J. r`s'. r`s'. r`s'. r`s'. r` .°' %-rf rr,,f>, s. r`s'. f, ✓ /n .�., r.:,F,li> fr ar�I✓f.r r r /s r� /J /�./u / / s / r � /f /r.. e f rr»„r. vr, s P ./ -s :lf L�'� .,s'r. .rr lr.' / .t rr. F✓ rr' .::;c .,»/r„ J,» ./r./r .:,� f,r. �✓//i a/.,r fr z' :✓r "?�„r ,'/ .,,q; „>f- f I rr rf. rr rf. rr rf. rr rJ !✓,! .YY rf. rr rf. ✓/ f Jf. rf. rf. s.. >,.sr»ff,.,/,,»r/!.r' - l T t /:/ � ' .nil L`r/r � >✓rl J/ ?-' rr r { T ,✓� -r. / /. r. r../ /. r. r../ /. r. r../ /. r. r../. r /. /. f..f / r. f..f /. r. r.,/ r / r. f..f /. r. r.,/.,/'.r G >. 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 r f f f f f f f f f f f f f f ...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..l.l.l.l.l.l.l.l.l.l.l.l.l.l.l. 1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l.lh.,.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.l.l.l.l.l.l.l.l.l.l.l.l.l.l.l.lf 5/8 inch x 3/a inch $763.00 839.30 $598.00 657.80 3/a inch 782.00 860.20 614.00 675.40 1inch 1,023.001125.30 819.00 900.90 Over 1 inch Special* Special* Special* Loops*, minimum 374.00 411.40 374.00 411.40 Meter moves*, minimum 89.00 97.90 89.00 97.90 30 *Denotes cost to be specified by the director of water utilities based on circumstances. (d) Fees outside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. ✓ 5/8 inch x 1/4 inch $169.00 185.90 1/4 inch 183.00 201.30 1 inch 228.00 250.80 (1966 Supp_ §38-26,, Ord, No, 10083, § 1, 1-20-1971,,Ord, No, 16383, § 1, 7-15-1981,,Ord, No, 16447, § 1, 8- 12-1981,, Ord, No, 16453, § 1, 8-12-1981,- Ord, No, 22913, § 10, 4-22-1997, Ord, No, 026369, §2, 7-26-20051- Ord, No, 027395, §2, 8-28-2007,-Ord, No, 027854, §2, 9-16-2008,- Ord, No, 028260, § 1, 7-28-2009,-Ord, No, 028326, §2, 9-29-2009,-Ord, No, 028686, §5, 7-20-20101-Ord, No, 028792, §2, 9-28-2010) SECTION 6. The water rates established in Section 5 of this ordinance shall take effect and be applied against all service provided on or after the first day of August, 2013. SECTION 7. Section 55-100 of the City Code of ordinances regarding wastewater rates is revised to read as follows: ec® 55-100. Schedule. (a) The monthly charge to be paid by users of sewer service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount of water used by the user according to the following rates: Inside city limits $ 23.96 25.96 One-family minimum monthly charge (first 2,000 gallons) 31 Inside city limits 4.84 5.25 One-family per 1,000 gallons over 2,000 Inside city limits 135.28 146.71 One-family maximum monthly charge (up to 25,000 gallons) Outside city limits 29.95 32.45 One-family minimum monthly charge (first 2,000 gallons) Outside city limits 10.72 11.65 One-family per 1,000 gallons over 2,000 Outside city limits 279.98 300.40 One-family maximum monthly charge (up to 25,000 gallons) Inside city limits 32.55 35.37 Commercial minimum monthly charge (first 2,000 gallons) Inside city limits 3.46 3.76 Commercial per 1,000 gallons over 2,000 Outside city limits 40.69 44.21 Commercial minimum monthly charge (first 2,000 gallons) Outside city limits 6.93 7.53 Commercial per 1,000 gallons over 2,000 (b) The amount of water used to compute the monthly bills to one-family residential customers shall be computed on the basis of the "winter average" or"interim average"that is calculated under this subsection. (1) Definitions. a. Winter averaging wastewater charge period:The period of water and wastewater service during the three (3) complete consecutive reading periods commencing on or after December 1 of each year. 32 b. Winter average usage:The monthly wastewater usage established by the city during the "winter averaging wastewater charge period" based upon their average monthly water consumption during that period. c. Interim average:The monthly wastewater usage established by the city for individual customers who have not established a "winter average usage". The "interim average" is recalculated each year based on the total "winter average usage" of all customers subject to winter averaging divided by the number of winter averaging customers, and is be the basis for monthly billings until a "winter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service area:The geographic region served by the city's wastewater system. (2) Winter average criteria. a. The customer must receive wastewater service at one (1) location during the three (3) consecutive reading periods in order to establish a "winter average usage". b. "Winter average usage" charges shall apply to one-family residential customers only. c. The "winter average usage"shall be based on a customer's average water consumption for three (3) complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each year. d. The following method will be used to calculate a customer's "winter average usage": 1. Add the three (3) winter months'water consumption to get total water consumption. 2. Divide three-month usage amount by three (3) to get winter average usage. Such winter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. e. Using the winter average usage, apply the applicable rates established in subsection (a) to calculate the customer's wastewater bill for each month until a new winter average usage is established or rates are changed. The adjusted rate that applies to service after June 30 will reflect wastewater usage based on the previous "winter averaging wastewater charge period". f. New and relocating customers; adjustments: 1. Customers new to the service area, who have not established a "winter average", shall be billed at the "interim average" rate. 2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their"winter average" rate at the previous address, whichever is less. 33 3. Customers who are relocating within the service area, who have not established a "winter average" at their previous address, shall be billed at the "interim average" rate. 4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter average charge period, and if the customer can produce proof of repairs, the director of finance or the director's designee may adjust the wastewater bill. (3)Administrative change in rates. a. Annually the city manager shall calculate base revenues from single-family residential wastewater customers during the prior year. Base revenues shall equal the prior year's actual revenues from single-family residential wastewater customers, adjusted for any rate charges, and for any increase in the single- family residential wastewater customer base. For this purpose, a year shall run from June 1 through May 31. b. The city manager shall annually, based upon the winter average wastewater usage determined during the winter averaging wastewater charge period, adjust the rate in the new fiscal year applied to each customer's winter average or interim average so that the adjusted rate will produce an amount equal to the basebudgeted revenues, plus any rate changes approved by the city council for the new fiscal year. b. In years in which preliminary winter average data is available to be used in the utility rate model for determining wastewater rates, the adopted wastewater rates will not be subject to an administrative change in rates unless the final winter average data is materially different than preliminary data. A difference of at least 2% shall be considered material. (c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index, two hundred fifty(250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in section 55-148. (Code 1958. §38-49, Ord, No, 9863. § 1, 7-29-197Q Ord, No, 11612, § 1, 8-8-1973, Ord, No, 12209, § 1, 8-7- 1974, Ord, No, 12656. § 1, 6-25-1975, Ord, No, 13860, § 1, 8-3-1977, Ord, No, 15700, § 1, 8-13-1980, Ord, No, 16448. § 1, 8-12-1981, Ord, No, 17156, §1, 7-28-1982, Ord, No, 17763. § 1, 8-3-9983.Ord, No, 18352. § 1, 7- 24-1984, Ord, No, 18940, § 1, 7-23-1985.Ord, No, 19403. § 1, 7-29-1986. Ord, No, 20492. § 1, 7-26-19881- Ord, No, 20748. § 1, 8-8-1989.Ord, No, 21001. § 1, 10-9-199011 Ord, No. 21440. § 1, 7-21-1992. Ord, No, 21662. § 1, 5-25-1993,, Ord, No, 21671. § 1, 6-8-1993.Ord, No, 21814. § 1(e), (f), 12-14-1993.Ord, No, 21965. § 1, 6-14- 34 1994 Ord, No 22743, § t 11-12-1996,-Ord, No, 23706, § t 7-20-1999,- Ord, No, 24132, § t 7-25-2000,- Ord, No, 24531, § la' 7-24-2001� Ord, No, 24969, §6, 7-23-2002,,Ord, No, 25396, §6, 7-22-20031, Ord, No, 025806, §5, 7-27-2004,-O/d No, 026368, §5, 7-26-2005,-Ord, No, 026900, §5, 7-25-2006,- Ord No, 027355, §5, 7-24- 200T Ord, No, 02778t §7, 7-22-2008,- Ord, No, 028256, §5, 7-28-2009,-Ord, No, 028690, § t �20-2010,- Ord, No, O29164 §3, 7-26-2D11) SECTION 8' Section 55-148 of the City Code of ordinances regarding VV@SteVV@te[ surcharges iS revised tO read @Sfollows: Sec. 55-148. Fees. (a) Abnormal wastewater surcharge. (1) Any user generating wastewater which exhibits none of the characteristics of prohibited wastes as described in subsection 55'141(a). but which has anaverage concentration of biochemical oxygen demand, has an average concentration of chemical oxygen demand, nr contains total suspended solids in excess of normal wastewater(as defined in subsection 55'140(c)). maybe required to pretreat to meet the requirements of normal wastewater nrsuch other more stringent parameters as the city may determine as necessary and appropriate to the particular treatment plant receiving such abnormal wastewater. Pretreated abnormal wastewater may be accepted byaPOTVVif all the following requirements are met: a. The wastes will not cause damage tnthe collection system. b. The wastes will not impair the treatment processes. c. The user pays the applicable surcharge over and above published sewer notes, as provided herein; and d. The waste is amenable to treatment such that when it leaves the treatment plant to be discharged, the waste does not exceed, or cause the total discharge to exceed, the standards set by federal and state agencies having jurisdiction. (2) Prior to imposition of suncharge, the user shall be notified in writing that his waste discharge is in excess of normal wastewater as established in this article. (3) Surcharges will be adjusted on billings for the month fn||nvving submission of new data but not more frequently than quarterly, unless authorized by the director. (4) The volume of flow used in computing abnormal wastewater surcharges shall be based upon metered water consumption as shown in the records nf meter readings maintained by the city nf utilities department. |nthe event that a person discharging waste into the POTVVproduces evidence tnthe city demonstrating that portion nf the total amount of water used for all purposes does not reach the POTW, a separate meter or meters nr other approved Unvv measuring device may be installed at the user's expense, upon his nequest, to measure only that portion nf the total Unvv being discharged into the POTVV. Upon request by the user, credit may be a||nvved by the city for evaporation, product water exported from the user nrother npenoUnna| consumption through which 35 such water is not discharged to the POTW. If it is impossible to show volume by metering, then recognized industry standards designated by the city shall apply. If a surcharge is assessed by the city, it shall be shown separately on the monthly billing. (5) Any person discharging industrial waste into the POTW who procures any part or all of his water supply from sources other than the city utilities department, all or part of which is discharged into the POTW, shall install and maintain at his expense water meters of the type approved by the city for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters shall be read monthly and tested for accuracy when deemed necessary by the city. Where it can be shown that a portion of the water as measured by the aforesaid meter, or meters, does not enter the POTW of the city, then the user if he so elects, may install additional approved meters at the user's expense in such a manner as to measure the quantity of water actually entering the said POTW system from the premises of such user, and the quantity of water used to determine the wastewater service charge and abnormal wastewater surcharge shall be the quantity of water actually entering the POTW as so determined. (6) Computations of each surcharge, as applicable, shall be based on the following: S = V x 8.34 x X x(COD-562) S = V x 8.34 x Y x(BOD-250) S = V x 8.34 x Z x(TSS-250) S = Surcharge in dollars for the billing period. V=Water consumption in millions of gallons during the billing period. 8.34 =Weight of water in pounds per gallon. X= Unit charge in dollars per pound for COD as established in subdivision (8) of this subsection. Y= Unit charge in dollars per pound for BOD as established in subdivision (8) of this subsection. Z= Unit charge in dollars per pound for TSS as established in subdivision (8) of this subsection. COD = Chemical oxygen demand strength index in parts per million by weight, or mg/I. BOD = Five-day biochemical oxygen demand strength index in parts per million by weight, or mg/I. TSS =Total suspended solids strength index in parts per million by weight, or mg/I. 250 = Normal BOD and TSS strength in parts per million by weight, or mg/I. 562 = Normal COD strength in parts per million by weight, or mg/I. (7) The city reserves the right to review and approve any waters or industrial waste entering the POTW or proposed to be discharged into the system having an average daily flow greater than ten (10) per cent of the design flow capacity of the plant which will treat 36 the waste. In the event the city's measurement discloses such flow to be in excess of ten (10) per cent of said capacity, the city shall be under no obligation to receive such flow in excess of ten (10) per cent of design capacity and the city's published rates shall not apply to such excess. An owner affected hereby shall be promptly notified of such determination by the city. A special contract, at the city's option, may be made with the user to accommodate such excess flow. (8) The values for X, Y, and Z used in subdivision (6) of this subsection to determine the abnormal wastewater surcharge are: € r ft l s f € < r r U 1 ✓ :r f r . r.r'r r{/"..<. 7 .r ..IF 1r'f ,l. .j'ir".. tj .rl. r? SI / 5,..r'.,t' ,:r I.. ,»'..,y „r�>. �r.z .fr✓ s'>. .,.0 z; "f cf r ✓.?`>r.,r. r7/. I<?, /ff/./ ,� rr Fr.. r/. J ". F.r,;,• s l J .rr.Ss ,r..: ., s s r -?` .., s ✓>` .�1. ..>.. r f".Xr�'' r >„.., .rr t / l” r'" J. If ::?i .>J. ,:r>r. 1 >-'. ✓ .t/.,f;,. .J.: J �: r°/" / ✓T/ rr. ll ,^: ✓/ r ,..y .:YN "r'�r�rr. r ,✓ r. ^..r .o- r✓ .r:"! s 'f / .3". ".;s/ rrk l""r.s." .:r, T ./ f :/ � r." r" f" �rr,.> >>..; / c , .. r 1, r r. r r„,:, ✓ /; o IrG. n rr> ' sr/ r rr , r,r>., r/. r' <r>. r>✓ ffl� --rr f s nor f, r "l r„�, ,G /” r .a�s./r s'</f % ",I/ ;?.. /"J > ,..r rr rrr .rr/ r, r;» rr .✓, .s r(., ,✓i,!€ ./ :J � €: .5" r',.r./1>, ' J. ./r .:fir ✓r. trr`J, r "",fir r /r/ .J". �. ./ �"{, /I 3:: 3r /.>:. >rr. ,�rF.r: "L' "rl`. .r-- € /j.. r. ✓,.sl >r, r. .i .r s.r r >J. ,rr r' :/ r r'' r t,%;, „`„ ✓,, a�.> � r .frf r,>. /' ,?, r ✓,: r'.< r r 'r. "./'. / ,r r r..✓ r rr "r / ,r!r r z;. >r„ .,.r,.,.;.�,.�,.�,.r,.r,.r,.r,.r,.r>.,.,.,.,.;.r,.r,.r,.r,.,.;.,.;.r>.,.,.r>.,.,.r>.,.,.r,.,.;.,.r,r,.,.,.r,.r,.,.;.�,.�,.�,.r,.r,.r,.lr,.r,.,.,.r,.r,.Jr,.,.,.r,.r,.r,.r,.,.,.r,.r,.,:c,.,.,.r,.,.,.r,.r„.,.r,.r,.,.;.�,.�,.�,.r,.r,.,.,.r,.,.;.�,.,:r,.r,.,.,.r,.r,.r,.r,.,.,.r,.,.,.r,.,.,.r,.,.;.�,.�,.�,.r,.r,:,.,.,.,.;.�,.�,.,.;.r,.r,.,.;.,.;.r,.,.,✓.rr,.r,.,.,.r,.,.,.r,.r,.,.,.r,.r,.�,.�,.,.a. X (unit charge in dollars per pound of COD) $0.0000 Y (unit charge in dollars per pound of BOD) 0.3696 0.4014 Z (unit charge in dollars per pound of TSS) 0.2654 0.2882 (b) Pretreatment charges and fees. The city may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include: (1) Fees for wastewater discharge permit applications including the cost of processing such applications as set forth in the wastewater fee schedule. (2) Fees for monitoring, inspection, and surveillance procedures including the cost of collecting and analyzing an industrial user's discharge, and reviewing monitoring reports submitted by the industrial user. (3) Fees for reviewing and responding to accidental discharge procedures and construction. (4) Fees for filing appeals. (5) Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this article and are separate from all other fees, fines and penalties chargeable by the city. (Ord, No, 21666. § 1, 6-1-1993, Ord, No, 21814, § 1(g), 12-14-1993, Ord, No, 23706, § 1, 7-20-1999, Ord, No, 24132. § 1, 7-25-2000, Ord, No, 24531, § 1g, 7-24-2001, Ord, No, 24969. §8, 7-23-2002,, Ord, No, 25377, § 13, 7-22-2003,,Ord, No, 25396. §8, 7-22-2003.Ord, No, 025866. §7, 7-27-2004. Ord, No, 026368. §7, 7-26-20051, 37 Ord, No, 026900, §7, 7-25-2006,-Ord, No, 027355, §7, 7-24-2007,-Ord, No, 027781, §9, 7-22-20081-Ord, No, 028256, §7, 7-28-2009,-Ord, No, 028690, §3, 7-20-2010) SECTION 9. The wastewater rates established in Section 7 and Section 8 of this ordinance shall take effect and be applied against all service provided on or after the first day of August, 2013. SECTION 10. The Code of Ordinances is amended to add Article XX to Chapter 55, Utilities, titled "Street Preventative Maintenance Program," with three divisions, titled as follows.. CHAPTER 55 UTILITIES "ARTICLE XX STREET PREVENTATIVE MAINTENANCE PROGRAM DIVISION 1. Reserved. Secs. 55-605—55-610. Reserved. DIVISION 2. Reserved. Secs. 55-610—55-620. Reserved. DIVISION 3. STREET MAINTENANCE FEES" SECTION 11. The Code of Ordinances is amended by adding Section 3, "Fee Established," of Ordinance No. 029876 (adopted by City Council on June 25, 2013) to Division 3, "Street Maintenance Fees," and renumbering as Section 55-621 of the Code to read as follows: "DIVISION 3. STREET MAINTENANCE FEES Sec. 55-621. Fee Established. A Street Maintenance Fee is established. to be implemented by policies, rates, and methodologies established by separate ordinance. The City Council finds,determines and declares that in order to protect the citizenry from the deterioration of the quality and safety of the Street System that they rely upon and use on a regular basis,_it is necessary and in the best interest of the public health and safety to establish a Street Maintenance Fee in order to provide a properly maintained road system. To this end, the City Council will establish a schedule of Street Maintenance Fees subject to the limitations of the state law to cover the costs to the City to provide maintenance of the Street System. The City will offer this maintenance service in a nondiscriminatory, reasonable and equitable manner. 38 (a) Council hereby establishes a Street Maintenance Fee,_imposed against, and to be paid by, each Utility_Customer and owner of Benefitted Property within the city limits, set in amounts that will provide sufficient funds to properly maintain the Street System. (b) Collection of the Fee against each Benefitted Property shall be made by a monthly charge to be added to the utility bill for such property. (c) Council will by separate ordinance establish the rate based upon the cost to the City for maintaining the Street System." SECTION 12. The Code of Ordinances is amended by adding Sections 1 through 17 of Ordinance No. 029877 (adopted by City Council on June 25, 2013) to the Code, by inserting Sections 1 through 17 after Section 55-620, "Fee Established," of Division 3, "Street Maintenance Fees," and renumbering accordingly, so that Section 1, "Definitions," from Ordinance No. 029877 is added to the Code and renumbered as Section 55-621, "Definitions," with the body of the section inserted below each title, and Section 2, "Findings," is added to the Code and renumbered as Section 55-622, with the body of the section inserted, and so on, with the disposition of sections renumbered the same or similar to what is shown below: Section 1 Definitions (Ordinance No. 029877) is codified as Sec. 55-621. DEFINITIONS. Section 2 Findings (Ordinance No. 029877) is codified as Sec. 55-622. FINDINGS, and so on . . . Sec. 55-621. DEFINITIONS. Sec. 55-622. FINDINGS. Sec. 55-623. TRIP FACTORS. Sec. 55-624. STREET FEE-ONLY ACCOUNT. Sec. 55-625. FEE CALCULATION. Sec. 55-626. RESIDENTIAL BENEFITTED PROPERTY. Sec. 55-627. NONRESIDENTIAL BENEFITTED PROPERTY. Sec. 55-628. BILLING AND COLLECTION OF FEE. Sec. 55-629. RECOVERY OF UNPAID FEE. Sec. 55-630. STREET MAINTENANCE FUND. Sec. 55-631. RULES. Sec. 55-632. APPEALS. Sec. 55-633. DISPOSITION OF FEES AND CHARGES. Sec. 55-634. LOW-INCOME DISCOUNT. Sec. 55-635. EXEMPTIONS. Sec. 55-636. EFFECTIVE PERIOD. Sec. 55-637. LIABILITY. SECTION 13. The Code of Ordinances is amended to revise the Section 55-626 "Residential Benefitted Property," codified above (Section 6 of Ordinance No. 029877 adopted by Council on June 25, 2013) by inserting before the first paragraph a new first paragraph that reads as follows: "Sec, 55-626. Residential Property. 39 "The Director shall determine the Fee for Residential Benefitted Property on the basis of factors that include the trip generation rate published by the Institute of Transportation Engineers for residential use of the property. The Fee for Residential Benefitted Property shall be SECTION 14. The Code of Ordinances is amended to revise Section 55-629 "Recovery of Unpaid Fee," (Section 9 of Ordinance No. 029877 adopted by Council on June 25, 2013) by deleting the last sentence in the paragraph or section as follows: "Sec. 55-629. RECOVERY OF UNPAID FEE. The City may recover a Street Maintenance Fee that is not paid when due in an action at law. The Gity may he Fees v.gh@n-4u@-." SECTION 15. The Code of Ordinances is amended to revise Section 55-628 "Billing and Collection of Fee," (Section 8 of Ordinance No. 029877 adopted by Council on June 25, 2013), to read as follows: "Sec. 55-628. BILLING AND COLLECTION OF FEE. The Street Maintenance Fee shall take effect and be applied against all Benefitted Property for services provided on or after the first jay baGGm.&44faGti-y&januaFy 1, 2011 A 9-@ryann�nn January 1, 2014.-,-4-.Fees will be billed and collected each month on the utility bill for each Benefitted Property. Payment is due upon receipt of the bill. The Utility Customer is responsible for apportionment of Fees to any person or persons leasing units of the Benefitted Property." SECTION 16. The Code of Ordinances is amended to revise Section 55-632 "Appeals," (Section 12 of Ordinance No. 029877 adopted by Council on June 25, 2013), to read as follows.. "Sec. 55-632. APPEALS. The City Council shall adopt an appeals process by separate action of the City Council. t- o only. A G may not FGGGkA�-a J 40 SECTION 17. The Code of Ordinances is amended to revise Section 55-633 "Disposition of Fees and Charges," (Section 13 of Ordinance No. 029877 adopted by Council on June 25, 2013), to read as follows: "Sec. 55-633. DISPOSITION OF FEES AND CHARGES. The Fee paid and collected by virtue of this article shall not be used for the general or government proprietary purposes of the City, except to pay for the equitable share of the cost of accounting, management and government thereof of the SP P. Other than as described above, the fees and charges shall be used solely to pay for the cost of operation, administration, planning, engineering, development of guidelines and controls, inspection, maintenance, repair, improvement, and renewal of the Street System under the SP MP and the costs incidental thereto. SECTION 18. The Code of Ordinances is amended to revise Section 55-635 "Exemptions," (Section 15 of Ordinance No. 029877 adopted by Council on June 25, 2013) to read as follows: "Sec. 55-635. EXEMPTIONS. This article does not apply to a city, county, state, federal agency or department, hospital district, publicly funded independent school district or charter school, public institution of higher education, or regional transit authority. This article does not apply to vacant property that generates no Motor Vehicle Trips. The Director may adopt any reasonable method to determine whether a property is vacant and generates no Motor Vehicle Trips. This article does not apply to a property that is used only for off-street parking. In order for an exemption under this section to apply, a person entitled to an exemption under this section must notify the Director of the Utility Business Office of the applicable exemption." SECTION 19. The Code of Ordinances is amended to revise Section 55-636 "Effective Period," (Section 16 of Ordinance No. 029877 adopted by Council on June 25, 2013) to read as follows: "Sec. 55-636. EFFECTIVE PERIOD. 41 This Ordinance takes effect immediately upon its passage and continues for ten years after January 1, 2014. This Ordinance ceases to have effect on January 1, 2024 te-H years #ern unless further Council action is taken to extend this Ordinance." SECTION 20. The Code of Ordinances is amended to add a new Section 55-638 "Periodic Review of Rates," to read as follows: "Sec. 55-638. PERIODIC REVIEW OF RATES. This Ordinance takes effect immediately upon its passage and continues for ten years after January 1, 2014. This Ordinance ceases to have effect on January_1_2024 ta"eass fFem _assage, unless further Council action is taken to extend this Ordinance." SECTION 21. Any and all section numbers in this ordinance intended to represent new a new section number of the Code of Ordinances may not be interpreted to be material. If for any reason, in order to implement the purpose of this ordinance and codify any sections as provided herein any or every section number not in sequence with the Code of Ordinances must be revised, then each section number shall be so revised and renumbered as necessary and appropriate, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 22. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 23. 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. 42 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor +s3S AGENDA MEMORANDUM 1852 Future Agenda Item for the City Council Meeting of July 16, 2013 Action Agenda Item for the City Council Meeting of July 23, 2013 DATE: 6/24/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation icael o cctexas.com; 361-826-3464 Parks and Recreation FY14 new fees and fees increasing more than 25% CAPTION: Resolution adding new rental and recreational use fees for fiscal year 2013-2014 and providing for publication; effective date; and severance of the same. PURPOSE: Approve new fees and fees increasing more than 25% for Fiscal Year 2014. BACKGROUND AND FINDINGS: With increased use of community parks and facilities during holiday weekends or special events, vehicle entry fees will reduce unnecessary traffic. A pilot program at Labonte Park over 2013 Easter weekend proved very beneficial. This will also provide the Parks and Recreation department an opportunity to earn additional revenue to offset the cost of trash removal and security. Currently, customers are required to secure a $15.00 moonwalk permit to have an authorized inflatable games vendor provide services for their event on City property. This resolution would eliminate the $15.00 moonwalk permit paid for by the customer, and replace with a $200 annual permit paid for and issued to state licensed inflatable games vendors. An additional Special Event Permit of $200 is proposed for a `medium' sized special event of 500 to 1,000 attendees. The current special event permit for event with 1 to 500 attendees is raised to $100. Both new fees have been included in the FY14 proposed budget as revenue in the general fund. ALTERNATIVES: Do not approve resolution. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all new fees. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Revenue Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): General Fund Comments: No net increase of revenue. RECOMMENDATION: Approve the proposed resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A — FY14 New Fees — Parks and Recreation Exhibit B — FY 14 Fees Increased More Than 25% Resolution adding new rental and recreational use fees for fiscal year 2013-2014 and providing for publication; effective date; and severance of the same. Whereas, Section 36-7 of the Code of Ordinances requires City Council approval, by motion or resolution, for creation of any new user fees, or increases of existing user fees by more than 25 percent, for parks and recreation department facility use; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council approves new parks and recreation department recreational use fees as shown in Exhibits A and B attached, for Fiscal Year 2013-14. Section 2. This resolution is effective August 1, 2013. Section 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. Section 4. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase, word or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Nelda Martinez, Mayor APPROVED: June 26, 2013 Jody Leake, Assistant City Attorney Corpus Christi, Texas of 2013 The above resolution was passed by the following vote: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla G. Leal Colleen McIntyre Rudy Garza Jr. EXHIBIT A FY14 NEW FEES - Parks and Recreation Program Area Current Fee Proposed Diff. PERCENT Fee CHANGE SPECIAL SERVICES Vehicle Entry Fee (per vehicle per day) $ - $2.00 $ - NEW Entry to community parks for Holiday weekends or special events Medium Special Event Permit(500 -1000 attendees) $ - $ 200.00 $ - NEW Add category between small(less than 500)and large(greater than 1000) events Inflatable games vendor permit (annual) $ - $ 200.00 $ - NEW Will replace individual moonwalk permits obtained by citizens EXHIBIT B FY14 - Fees Increasing More than 25% Current Proposed PERCENT Program Area Fee Fee ��ff' CHANGE SPECIAL SERVICES Small Special Event permit (0-500 attendees) $75.00 $100.00 $25.00 33.3% Cyr 0 � AGENDA MEMORANDUM oPOaEO Future Item for the City Council Meeting of July 16, 2013 1852 Action Item for the City Council Meeting of July 23, 2013 DATE: July 16, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826-3169 Jim Davis, Director of General Services jim cctexas.co (361) 857-1909 Purchase of Mini Track Excavators CAPTION: Motion approving the purchase of three (3) Mini Track Excavators from Doggett Machinery, Corpus Christi, Texas in accordance with Bid Invitation No. BI-0151-13 based on lowest responsible bid for a total expenditure of $84,150.00. Funding is available in the FY 2012-2013 Capital Outlay Budget of the Maintenance Service Fund. PURPOSE: To be used by the Gas and Wastewater Departments for excavation work in utility right-of-way and easement areas. BACKGROUND AND FINDINGS: The two (2) units for the Gas Department are additions to the fleet. The one (1) unit for the Wastewater Department is a replacement unit. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The equipment bid by Vermeer Equipment of Texas does not meet minimum specification requirements regarding horsepower, digging depth, or loading height. 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: General Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $4,871,953.80 $0 $4,871,953.80 Encumbered / Expended Amount $2,605,830.88 $0 $2,605,830.88 This item 1 $84,150.00 1 $0 $84,150.00 BALANCE $2,181,972.92 $2,181,972.92 Fund(s): Maintenance Service Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0151-13 BUYER -GERALD GOODWIN MINI TRACK EXCAVATORS DOGGETT MACHINERY VERMEER EQUIPMENT OF TEXAS CORPUS CHRISTI, TX CORPUS CHRISTI, TX UNIT TOTAL UNIT TOTAL ITEM DESCRIPTION QTY I UNIT PRICE PRICE PRICE PRICE 1 Track Excavator, 25 H.P., in accordance with 1 each $38,150.00 $38,150.00 $37,800.00 $37,800.00 specification No. 1074. (For Gas Dept.) 2 Track Excavator, 14.5 H.P.,with Expandable Track 2 each $23,000.00 $46,000.00 $20,900.00 $41,800.00 Carriage in accordance with specification No. 1076. (1 for Gas Dept., 1 for Wastewater Dept.) TOTAL: $84,150.00 $79,600.00 NOTE: The equipment bid by Vermeer Equipment of Texas does not meet minimum specification requirements regarding horsepower, digging depth, or loading height. ® AGENDA MEMORANDUM Future Item for the City Council Meeting of July 16, 2013 " Action Item for the City Council Meeting of July 23, 2013 kPyNppP9PA;EO DATE: July 16, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ike cctexas.com 361-826-3169 Jim Davis, Director of General Services iim cctexas.com 361-826-1909 F_ Custodial Services CAPTION: Motion approving service agreements for custodial services for City Hall and Frost Building with the following companies for the following amounts in accordance with Bid Invitation No. BI-0135-13, based on low responsible bid for an estimated annual expenditure of $170,920.80 of which $15,974.80 is required for FY 2012-2013. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the service providers and the City Manager or designee. Funds have been budgeted by Facility Maintenance Services in FY 2012-2013. Martin's Janitorial Service ISS Facility Services, Inc. Corpus Christi, TX Corpus Christi, TX City Hall Frost Building $127,656 $43,264.80 Grand Total: $170,920.80 PURPOSE: Custodial services will be performed at City Hall located at 1201 Leopard Street and Frost Building located at 2602 Leopard Street. Nightly custodial services will be performed after normal business hours Monday through Friday for both City Hall and Frost Building. BACKGROUND AND FINDINGS: Not applicable. 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. DEPARTMENTALCLEARANCES: Facility Maintenance Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2012-2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $580,528.85 $154,946.00 $735,474.85 Encumbered / Expended Amount $393,651.68 $393,651.68 This item $15,974.80 $154,946.00 $170,920.80 BALANCE $170,902.37 $170,902.37 Fund(s): Facility Maintenance Services Comments: The $15,974.80 financial impact shown above represents one month of expenditures that will be encumbered through the end of this fiscal year. The remaining $154,946 will be requested during the normal FY 2013-2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. / § � / w e6 / 2 / /\ o \ \\ \ \ ] R / Q \F Q � \ \ / � ) \ / ° cm) RT / 2 %C\l LO \ jx § - <U) Q { Z b x O G } - p n > CO / ± 0 00 / \ /f / § I- $ / / / CL \ w I g _ cl O o { 6 \ ee _ £ 2 / e _ i O 7 ) ® e \ } § § § \ c \ \ \ } \ \ » k 0 ) \ \ ° \ \ / k \ k je R n 2 \ k \ - ) j / 2 R u j 2 \ / / \ \ \ j R Q U) > k { { \ i 6 / 2 { { > ± o E / / § / $ \ 2 2 2 - � f f Mn LL \ Lu / \ \ k \ » ± » 2 \ i i / ) Attachment I SERVICE AGREEMENT Contractor Janie B.Klein DBA Martin's Janitorial Service Supply Agreement No. SA THIS Custodial Service Agreement (this "Agreement") is entered into by and between Martin's Janitorial Service (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 Custodial Service for City Ball in response to Bid Invitation No. BI-0135-13 in accordance with Specification No. 1088, dated Revised 02/14/13 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform the Custodial Service for City Hall, Frost Buildings and Facility Maintenance in accordance with Specification No. 1088. 2. Term. This Agreement is for twelve (12) months commencing on the date signed by the last signatory hereto and continuing for twelve months thereafter. The term includes an option to extend for up to two additional twelve-month periods subject to the approval of the Contractor and the City Manager or his designee("City Manager"). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator,who is Building Maintenance Superintendent. 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 Contractor be considered as an employee of the City. 5. Insurance. Before activities can begin under this Agreement, 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 Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by 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, which fiscal year ends on July 31 of each year, 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, 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 Specification No. 1088, or Contractor's bid offer to Bid Invitation No. BI-0135-13 waives any subsequent breach of the same. 9. Compliance with laws. This Agreement is subject to all Federal laws and laws of the State of Texas. 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. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Building Maintenance Superintendent, Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of 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-0135-13 or Specification No. 1088. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 5 work days' 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, City may terminate this Agreement upon 20 days' written notice to Contractor. However, City may terminate this Agreement on 24 hours' written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. 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. Contractor must provide proof of payment of these taxes within 30 days after payment is due. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. Contractor:rust adopt a Drug Free Workplace Policy. 15. Violence Policy. 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 if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Building Maintenance Superintendent P.O. Box 9277 Corpus Christi,Texas 78469-9277 FAX No.: (361) 826-3395 IF TO CONTRACTOR: Contractor Name: Martin's Janitorial Service Contact Person: Janie B. Klein Address: PO Box 271759 - City, State,Zip: Corpus Christi. Texas 78427 Fax No.: 361-334-4225 17. Month-to-Month Extension. If the City has not completed the bidding process and awarded a new supply agreement upon expiration of the original contract period or any extension period, the Bidder shall continue to provide goods/services under this Agreement, at the most current price under the terms of this supply agreement or extension, on a month-to- month basis, not to exceed six months. This supply 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 AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES) FROM AN,D 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, INCL UDING 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 CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, 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 SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY 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 19 day of March ,2013 ctor: Martin's Janitorial Service /Name: Janie B. Klein Title: Owner CITY OF CORPUS CHRISTI Date: Michael Barrera Assistant Director of Financial Services Incorporated by Reference: Exhibit A-1: Bid Invitation No. BI-0135-13 (Includes Specification No. 1088 Insurance Requirements). Exhibit B: Bidder's Bid Attachment I SERVICE AGREEMENT Contractor ISS Facility Services Inc. Supply Agreement No.SA THIS Custodial Service Agreement (this "Agreement") is entered into by and between ISS Facility Services 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 Custodial Service for Frost Building in response to Bid Invitation No. BI-0135-13 in accordance with Specification No. 1088, dated Revised 02/14/13 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform the Custodial Service for City Hall, Frost Buildings and Facility Maintenance in accordance with Specification No. 1088. 2. Term. This Agreement is for twelve (12) months commencing on the date signed by the last signatory hereto and continuing for twelve months thereafter. The term includes an option to extend for up to two additional twelve-month periods subject to the approval of the Contractor and the City Manager or his designee("City Manager"). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator,who is Building Maintenance Superintendent. 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 Contractor be considered as an employee of the City. 5. Insurance. Before activities can begin under this Agreement, 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 Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by 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, which fiscal year ends on July 31 of each year, 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, 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 Specification No. 1088, or Contractor's bid offer to Bid Invitation No. BI-0135-13 waives any subsequent breach of the same. 9. Compliance with laws. This Agreement is subject to all Federal laws and laws of the State of Texas. 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. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Building Maintenance Superintendent, Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of 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-0135-13 or Specification No. 1088. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 5 work days' 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, City may terminate this Agreement upon 20 days' written notice to Contractor. However, City may terminate this Agreement on 24 hours' written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. 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. Contractor must provide proof of payment of these taxes within 30 days after payment is due. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. Contractor must adopt a Drug Free Workplace Policy. 15. Violence Policy. 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 if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Building Maintenance Superintendent P.O. Box 9277 Corpus Christi, Texas 78469-9277 FAX No.: (361) 826-3395 IF TO CONTRACTOR: Contractor Name: ISS Facility Services Inc. Contact Person: Sharon Bueno Address: 545 North Upper Broadway Suite 501 City, State, Zip: Corpus Christi Texas 78401- Fax No.: 361-882-2838 17. Month-to-Month Extension. If the City has not completed the bidding process and awarded a new supply agreement upon expiration of the original contract period or any extension period, the Bidder shall continue to provide goods/services under this Agreement, at the most current price under the terms of this supply agreement or extension, on a month-to- month basis, not to exceed six months. This supply 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 AGREES TO 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 CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, 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 SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY 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—ff�tay of ' i41LC� , 2013 Contractor: eta-, Name: Aaron Bueno Title: General Manager CITY OF CORPUS CHRISTI Date: Michael Barrera Assistant Director of Financial Services Incorporated by Reference: Exhibit A-1: Bid Invitation No. BI-0135-13 (Includes Specification No. 1088 Insurance Requirements). Exhibit B: Bidder's Bid ® AGENDA MEMORANDUM Future Item for the City Council Meeting of July 16, 2013 " Action Item for the City Council Meeting of July 23, 2013 kPyNppP9PA;EO DATE: July 16, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ieb cctexas.co 361-826-3169 Michael Morris, Director of Park and Recreation icael o cctexas.com 361-826-3464 Food Items CAPTION: Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-13-3 for food items which include canned and frozen fruit and vegetables; meats and condiments, for an estimated six month expenditure of $208,750.32 of which $17,395.86 is required for FY 2012-2013. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Performance Food Group Corpus Christi, Texas Victoria, Texas 109 Line Items 91 Line Items $78,011.32 $130,739.00 Grand Total: $208,750.32 PURPOSE: These food items will be used by Senior Community Services for the Elderly Nutrition Program. The food is prepared at the Senior Community Service Kitchen and served at the Senior Citizen Centers and also delivered to households throughout the City. Approximately 123,177 meals will be prepared and served over the six month contract period. BACKGROUND AND FINDINGS: Each year the City receives funds from State and Federal grants. Several grants are structured to support the elderly in the community. This award is a cooperative effort between the City of Corpus Christi and the following members of the Coastal Bend Council of Governments; Community Action Corporation of South Texas, Nueces County Senior Community Services, Refugio County Elderly Services, City of Corpus Christi, Bee Community Action Agency, Aransas Council of Aging, Kleberg County Human Services, Duval County Elderly Program, and Live Oak County Elderly Program. ALTERNATIVES: The bids submitted by LaBatt Food Service and Performance Food Group meet all of the City's bid requirements. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This supply agreement conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTALCLEARANCES: Park and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2012-2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $255,000.00 $191,354.46 $446,354.46 Encumbered / Expended Amount $203,038.90 $203,038.90 This item $17,395.86 $191,354.46 $208,750.32 BALANCE $34,565.24 1 $34,565.24 Fund(s): Park and Recreation Grants. Comments: Not Applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Award Summary attached. COUNCIL OF GOVERNMENTS-STAPLES, MEAT & OTHER FROZEN FOODS SENIOR COMMUNITY SERVICES COUNCIL DATE: JULY 16, 2013 Award Summary: CBCOG-13-3 LABATT FOOD SERVICE Corpus Christi, Texas One hundered and nine (109) line items consisting of canned fruit, $78,011.32 canned vegetables, dried vegetables, canned meat, condiments, dressing, juices, oil & shortening, relishes, soup & bases, spices, starches and pasta, sugar& products, miscellaneous, beef, pork, poultry, frozen vegetables, bread, and dairy Performance Food Group Victoria, Texas Ninety-one (91) line items consisting of canned fruit, dried fruit, $130,739.00 canned vegetables, dried vegetables, canned meat, condiments dressing, juices, oil & shortening, relishes, soup & bases, spices, starches and pasta, sugar& products, miscellaneous, beef, pork, poultry, prepared products, frozen vegetables, and dairy Grand Total: $208,750.32 Cyr CO's � PH v AGENDA MEMORANDUM �aRPO,a,E Future Item for the City Council Meeting of July 16, 2013 1852 Action Item for the City Council Meeting of July 23, 2013 DATE: July 16, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@_cctexas.com (361) 826-3169 Jim Davis, Director of General Services jimd&cctexas.com (361) 857-1909 Heavy Trucks CAPTION: Motion approving the lease-purchase of two (2) heavy trucks and the purchase of nine (9) heavy trucks for the total amount of $1,211,268.00, of which $1,015,992.00 is required for the remainder of FY 2012-2013. The heavy trucks are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI-0164-13 based on lowest responsible bid. Funding for the purchase of heavy trucks is available in the Capital Outlay Budget of the Maintenance Service Fund. Financing for the lease-purchase of heavy trucks will be provided through the City's lease/purchase financing contractor. Corpus Christi Freightliner Santex Truck Center, Ltd. Corpus Christi, TX Corpus Christi, TX Items 1, 2, 3, 4, 7, & 8 Items 5 &6 $902,508.00 $308,760.00 Grand Total: $1,211,268.00 PURPOSE: These heavy trucks will be used by the Solid Waste, Gas, Water, Storm Water, and Waste Water Departments. BACKGROUND AND FINDINGS: All 11 heavy trucks are replacement units to the fleet. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Financing for the lease-purchase of the heavy trucks is based on a sixty-month term with an estimated interest rate of 2% for an annual payment of $41,073.00. The total estimated cost over the five-year period, including principal of $195,276.00 and interest of $10,089.05, is $205,365.05. Funding is available through the General Fund. 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: General Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Current Year Lease FISCAL YEAR: Purchase Purchase Future Years TOTALS Budget Purchase 4,8711953.80 4,871,953.80 Lease Purchase 308,861.26 205,365.05 514,226.31 Encumbered/Expended Purchase (2,605,830.88) (2,605,830.88) amount as of 6/6/13 Lease Purchase (308,861.26) (308,861.26) This Item Purchase (1,015,992.00) (1,015,992.00) Lease Purchase 0.00 (205,365.05) (205,365.05) Purchase 1,250,130.92 1,250,130.92 BALANCE Lease Purchase 0.001 1 0.00 Fund(s): General Fund, Maintenance Service Fund Comments: Funding for the purchase of heavy trucks, in the amount of $1,015,992.00, is available in the Capital Outlay Budget of the Maintenance Service Fund for FY 2012-2013. Funding for the lease-purchase of heavy trucks is requested in the FY 2013-2014 budget. The trucks will be delivered and paid for in FY 2013 -2014; therefore, no funds are required in this fiscal year. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0164-13 BUYER: GERALD GOODWIN HEAVY TRUCKS COUNICL DATE: JULY 16, 2013 CORPUS CHRISTI FREIGHTLINER SANTEX TRUCK CENTER, LTD. CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS UNIT TOTAL UNIT TOTAL ITEM DESCRIPTION QTY. UNIT PRICE PRICE PRICE PRICE 1 Series HT-4, 33,000 lbs. GVWR, 2 each $97,638 $195,276 $100,287 $200,574 Standard Cab&Chassis, 150" CA, with Brush Dump Body. Solid Waste Department Lease-Purchase 2 Dump Truck, 56,000 lbs. GVWR, 108" 1 each $109,421 $109,421 $110,240 $110,240 CT, with 10-12 cubic yard Dump Body. Water Department Purchase 3 Series HT-4, 33,000 lbs. GVWR, Crew 1 each $94,714 $94,714 $94,763 $94,763 Cab&Chassis, 132" CA, with 18' Flatbed Body. Water Department Purchase 4 Series HT-5 Crane Truck, 35,000 lbs. 1 each $206,004 $206,004 $209,967 $209,967 GVWR, 180" CA, Standard Cab & Chassis, with 18' Flat Bed Body& Front Mounted Crane. Water Department Purchase 5 Series HT-4, 33,000 lbs. GVWR, Crew 1 each $95,604 $95,604 $95,420 $95,420 Cab&Chassis, 120" CA, with Service Body&Canopy Top. Gas Department Purchase 6 Series HT-4, 33,000 lbs. GVWR, Crew 2 each $106,741 $213,482 $106,670 $213,340 Cab&Chassis, 120" CA, with Flat Bed Body. Waste Water Department Purchase 7 Series HT-4, 33,000 lbs. GVWR, 1 each $84,049 $84,049 $86,423 $86,423 Standard Cab&Chassis, 72" CA, with 5-7 cubic yard Dump Body. Waste Water Department Purchase 8 Dump Truck, 56,000 GVWR, 108" CT, 2 each $106,522 $213,044 $107,446 $214,892 with 10-12 cubic yard Dump Body. Storm Water Department Purchase AWARD TOTALS: $902,508 $308,760 GRAND TOTAL: $1,211,268 Cyr 0 � AGENDA MEMORANDUM oPOaEO Future Item for the City Council Meeting of July 16, 2013 1852 Action Item for the City Council Meeting of July 23, 2013 DATE: July 16, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com 361-826-3169 Valerie Gray, Director of Storm Water& Street Operations valerieq scctexas.com 361-826-1875 Gustavo Gonzalez, Director of Water Operations gustavogo cctexas.com 361-826-1874 Mowing Services CAPTION: Motion approving service agreements for mowing services for Storm Water drainage and street rights-of-way and Water production facilities with the following companies, for the following amounts, in accordance with Bid Invitation No. BI-0119-13 based on lowest responsible bid for an estimated annual expenditure of $479,958.09, of which $39,996.50 is required for FY 2012- 2013. The term of the service agreements will be for one-year with an option to extend for two additional one-year periods. Funding is available in the Storm Water and Water Operations budgets. Brown Mule Mowing Aspen Lawn Care, LLC Corpus Christi, TX Corpus Christi, TX Storm Water - Group 1 Water— Groups 2 & 3 $417,197.99 $62,760.10 Grand Total: $479,958.09 PURPOSE: The contract will provide the Storm Water Department with a regularly scheduled mowing cycle for street rights-of-ways and major drainage ditches located on the west and northwest part of the City. Mowing will be provided for the Water Department at the O.N. Stevens Filter Plant and pump stations located throughout the City. BACKGROUND AND FINDINGS: The Storm Water Department mows approximately 1,952 acres total of street and ditch right of way (ROW) as part of its proactive approach to storm water ROW maintenance. Approximately 48% is contracted (930 acres) and the balance of 1022 acres is mowed by department staff. The subject contract is for 779 acres of street and ditch ROW rough cut mowing. An additional 151 acres of improved ROW makes up the balance of the contracted acreage. Improved ROW refers to areas which have curb and gutter. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Specifications require the contractor to have at least two (2) years' experience in mowing street right-of-ways and drainage ditches equivalent to 5000 acres per year. Aspen does not meet these minimum requirements for an award for Group I. CONFORMITY TO CITY POLICY: This award conforms to all State statutes and City Policy governing procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Storm Water Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,570,434.01 $439,961.59 $2,010,395.60 Encumbered / Expended Amount 1,107,095.90 0 1,107,095.90 This item 1 39,996.501 439,961.59 1 479,958.09 BALANCE 1 $423,341.61 0 $423,341.61 Fund(s): Storm Water and Water Fund Comments: The $39,996.50 financial impact shown above represents one (1) month of payments that will be encumbered through the end of this fiscal year. The remaining 439,961.59 for the last eleven (11) months of the service agreement will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends award of the contract as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreements CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BI-0119-13 SENIOR BUYER:ELISA COVINGTON STORM WATER DRAINAGE&STREET RIGHTS-OF-WAY COUNCIL DATE:JULY 16,2013 AND WATER PRODUCTION FACILITIES MOWING Number of Cycles Brown Mule Mowing Aspen Lawn Care,LLC during Corpus Christi,Texas Corpus Christi,Texas 12 month service UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION CITY. UNITI agreement PRICE PRICE PRICE PRICE Group I-Storm Water Drainage and Street Rights-of-Way Base Bid 1-Street(Base List)right-of-way mowing,551.76 1' 8 cycles ear. 551.76 Acre 8 $43.88 $193,689.83 $27.00 $119,180.16 acres per cycle Additive Alternate 2: Drainage Ditch(Base List)right-of 2' way mowing,227.93 acres per cycle(4 cycles for 1 year). 227.93 Acre 4 $245.15 $223,508.16 $230.00 $209,695.60 Additive Alternate 3: Bulk Trash Removal-tires,furniture, brush,etc. City will consider this option. Contract administrator shall be contacted prior to removal of illegally 3 dumped materials. Weigh tickets shall be submitted with 2 Each 8 No Bid No Bid $150.00 $2,400.00 invoice for the reimbursement of landfill fees. Price quoted shall only include the cost of removing and transporting material to the landfill. Approximately 8 cycles,twice per cycle,for 1 year Group II-Water Production Facilities Location:O.N.Stevens Water Treatment Plant,Section A- 13101 Up River Rd-mowing,trimming,edging,application 4. 17.50 Acre 8 No Bid No Bid $65.00 $9,100.00 of herbicide and litter pickup,consisting of approximately 17.50 acres,8 cycles for 1 year Location:O.N.Stevens Water Treatment Plant,Section B- 13101 Up River Rd-mowing,trimming,edging,application 5. 59.93 Acre 8 No Bid No Bid $65.00 $31,163.60 of herbicide and litter pickup,consisting of approximately 59.93 acres,8 cycles for 1 year Location:O.N.Stevens Water Treatment Plant,Section C- 6 13101 Up River Rd-Slope mowing,trimming,and litter 1.18 Acre 2 No Bid No Bid $65.00 $153.40 pickup,consisting of approximately 1.18 acres,2 cycles for 1 year Location:Stevens Plant Lagoon,4400 Sharpsburg Rd. - mowing,trimming,edging,application of herbicide and litter 7. 5.52 Acre 8 No Bid No Bid $65.00 $2,870.40 pickup,consisting of approximately 5.52 acres,8 cycles for 1 year Group III-Water Production Facilities Location: Smith Nueces River Pump Station,13701 Smith 8 Dr. -Mowing,trimming,application of herbicide and litter 3.47 Acre 8 No Bid No Bid $65.00 $1,804.40 pickup,consisting of approximately 3.47 acres,8 cycles for 1 year Location: Holly Rd.Pump Station&Ball Park,4901 Holly Rd. - mowing,trimming,edging,application of herbicide 9 15.41 Acre 8 No Bid No Bid $65.00 $8,013.20 and litter pickup,consisting of approximately 15.41 acres,8 .cycles for 1 ye ar Location:Savage Lane Pump Station,302 N.Navigation 10. Blvd.-mowing,trimming,application of herbicide and litter 3.29 Acre 6 No Bid No Bid $65.00 $1,283.10 pickup,consisting of approximately 3.29 acres,6 cycles for 1 year Location: Sand Dollar Pump Station,14201 Sand Dollar Dr. 11. -mowing,trimming,application of herbicide and litter 1.22 Acre 8 No Bid No Bid $65.00 $634.40 pickup,consisting of approximately 1.22 acres,8 cycles for 1 year Location:Staples Street Pump Station,County Road 43- 12 mowing,trimming,application of herbicide and litter pickup, 13.66 Acre 6 No Bid No Bid $65.00 $5,327.40 consisting of approximately 13.36 acres,6 cycles for 1 year Location:N.Navigation Pump Station,302 N.Navigation Blvd-mowing,trimming,edging,application of herbicide 13. 6.18 Acre 6 No Bid No Bid $65.00 $2,410.20 and litter pickup,consisting of approximately 6.18 acres,6 cycles for 1 year AWARD TOTAL: $417,197.99 $62,760.10 GRAND TOTAL: $479,958.09 (1)Aspen Lawn Care LLC does not meet the minimum requirements regarding experience in mowing streets-rights-of-way or major drainage ditch rights-of-ways and therefore does not qualify for an award for Group 1. STORM WATER DRAINAGE AND STREET RIGHTS-OF WAY MOWING Service Agreement No. THIS Storm Water Drainage and Street Rights-of Way Mowing Service Agreement (this "Agreement") is entered into by and between Brown Mule Mowing (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 Storm Water Drainage and Street Rights-of-Way Mowing in response to Bid Invitation No. BI-0119-13 (which includes Specification 1149, dated 03/02/12)which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Storm Water Drainage and Street Rights-of Way Mowing in accordance with Bid Invitation No. BI-0119-13 (which includes Specification 1149, dated 03/02/12). 2. Term. This Agreement is for twelve (12) months commencing on and continuing through The term includes an option to extend for up to two additional twelve-month periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Storm Water Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Storm Water 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-0119-13 (which includes Specification 1149, dated 03/02/12), or the Contractor's bid offer to Bid Invitation No. BI-0119-13 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 Storm Water 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-0119-13 (which includes Specification 1149, dated 03/02/12). 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: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Brown Mule Mowing Contact Mike Hillin Address: P.O. Box 4388 City, State, Corpus Christi TX 78469- 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 HIND 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 HIND 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 rJgD+) day of ju�-J ,20/-3 . Contractor �df6wAl m 1cl,.� /►�u�u; t '�� A H�tC�u Title: --M,+.44 CITY OF CORPUS CHRISTI ("CITY") Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No. BI-0119-13 Exhibit B: Bidder's Bid 5502 Burnham Dr., Corpus Christi,TX 78413 • Phone: 361-906-0701 ® Fax: 361-906-1844 WATER PRODUCTION FACILIITES MOWING Service Agreement No. THIS Water Production Facilities Mowing Service Agreement (this "Agreement") is entered into by and between Aspen Lawn Care, LLC, (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee ("City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Water Production Facilities Mowing in response to Bid Invitation No. BI-0119-13 (which includes Specification 1168, dated 02/01/13)which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Water Production Facilities Mowing in accordance with Bid Invitation No. BI-0119-13 (which includes Specification 1168, dated 02/01/13). 2. Term. This Agreement is for twelve (12) months commencing on and continuing through The term includes an option to extend for up to two additional twelve-month periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Water Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5502 Burnham Dr., Corpus Christi, TX 78413 i Phone: 361-906-0701 o Fax: 361-906-1844 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies)must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Water 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-0119-13 (which includes Specification 1168, dated 02/01/13), or the Contractor's bid offer to Bid Invitation No. BI-0119-13 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 Water Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as IW 5502 Burnham Dr., Corpus Christi, TX 78413 • Phone: 361-906-0701 e Fax: 361-906-1844 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-0119-13 (which includes Specification 1168, dated 02/01/13). 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: 5502 Burnham Dr., Corpus Christi,TX 78413 • Phone: 361-906-0701 ® Fax: 361-906-1844 IF TO CITY: City of Corpus Christi Attention: Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor ASPEN LAWN CARE, LLC Contact Willie Montez Address: 5502 Burnham City, State, Corpus Christi TX 78413- 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 :. .y 5502 Burnham Dr., Corpus Christi,TX 78413 • Phone: 361-906-0701 * Fax: 361-906-1844 COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY HIND 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 20 day of June , 2013. Contractor Aspen Lawn Care Willie Montez Title: Business Manager CITY OF CORPUS CHRISTI ("CITY") Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No. BI-0119-13 Exhibit B: Bidder's Bid Resolution Authorizing the city manager or his designee to execute a Memorandum of Understanding with Nueces County to work together in unison in determining the need for using aerial spraying to combat the spread of the West Nile virus. WHEREAS, the City's Vector Control and the County's Vector Control departments trap and test mosquitoes to determine if there are any mosquitoes carrying the virus. In areas where positive test results are found, Vector Control does extensive spraying to combat the spread of the virus. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: SECTION 1. The City Manager or his designee is authorized to execute a Memorandum of Understanding with Nueces County to work together in unison in determining the need for using aerial spraying to combat the spread of the West Nile virus. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott i i i f Commissioners Court-Regular 4. A. S. Meeting Date: 06/19120IB Clty/County MOU-Aerial Spraying Submitted By: Steve Waterman,Commissioners Court Admin Department: Commissioners Court Admin Information RECOMMENDATION Discuss and consider approving a Memorandum of Understanding between the City of Corpus Christi and Nueces County related to working collaboratively in determining whether aerial spraying should be used to combat the spread of the West Nile virus. BACKGROUND DISCUSSION With the onset of warm,humid weather,mosquitoes are starting to populate our area. The first case of the West Nile virus has been reported in Texas already this year. The City's Vector Control and the County's Vector Control departments trap and test mosquitoes to determine if there are any mosquitoes carrying the virus. In areas where positive test results are found,Vector Control does extensive spraying to combat the spread of the virus. Last year some cities/counties employed aerial spraying due to the large number of West Nile cases in their areas, The purpose of this MOU is to set forth the City's and the County's intent to work together in unison in determining the need for using aerial spraying to combat the spread of the West Nile virus. Attachments MOU-Nueces County&City of Corpus Christi-Aerial Spraying f I MEMORANDUM OF UNDERSTANDING BETWEEN NUECES COUNTY AND THE CITY OF CORPUS CHRISTI: This Memorandum of Understanding("MOU")is made and entered into this day of ,2013 by and between Nueces County and the City of Corpus Christi. ' WITNESSETH: I I WHEREAS,the City of Corpus Christi(the"City")and Nueces County(the"County")entered into a Reformed Cooperative Agreement To Operate A Public Health District(the Health District"),executed April 16,2009;and WHEREAS,the West Nile virus in recent years has infected citizens of the City and the County in greater numbers;and WHEREAS,the trapping,testing and spraying of mosquitoes is the responsibility of the City's Vector Control and the County's Vector Control units;and WHEREAS, in the event it becomes necessary to employ aerial spraying to combat the West Nile virus it would be advantageous for the City and the County to work collaboratively in combating,eradicating,and preventing the spread of the West Nile virus throughout the City and the County. NOW,THEREFORE,the City and the County agree that should the Health District,through its Health Authority,make a formal request for increased spraying to combat the spread of the West Nile virus,the County Judge and City Manager will work together in unison with the Health District to determine whether the use of aerial spraying should be employed. IN WI'T'NESS WHEREOF,the parties hereto have made and executed this MOU on the respective dates under each signature. NUECES COUNTY Date: SAMUEL L. NEA7L.,JR. Nueces County Judge Attested by: Date: DIANA T.BARRERA,County Clerk Approved as to Form: LAURA GARZA JIMENEZ,Nueces County Attorney CITY OF CORPUS CHRISTI Date: RON OLSON,City Manger Attested by: Date: ARMANDO CHAPA,City Secrectary Approved as to form: CARLOS VALDEZ,City Attorney .4@US Ga 0 H AGENDA MEMORANDUM Future Item for the City Council Meeting of July 16, 2013 NoP© pE° Action Item for the City Council Meeting of July 23, 2013 1852 DATE: July 11, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com; 826-3729 Resolution in Support of 2014 General Obligation Bond Election and Approval of Propositions and Projects CAPTION: Resolution in support of calling for a General Obligation Bond Election in November 2014 for the purpose of funding Street Improvement in the amount of $84,410,000 (with $55,000,000 representing streets in the greatest need of reconstruction and $29,410,000, representing street capacity priorities and other street-related improvement projects); and to review, finalize and approve the staff-recommended street project list. PURPOSE: The purpose of this Agenda Item is for City Council to approve a resolution in support of a November 2014 General Obligation Bond Election for street improvements totaling $84,410,000 and approve a project list for each proposed proposition so staff may proceed with having the projects under Proposition One designed, or under design, prior to November 2014. BACKGROUND AND FINDINGS: The City Council has discussed the possibility of a Bond 2014 General Obligation election to provide for necessary street improvements. This item will allow Council to confirm their support for a November 2014 bond election and discuss, finalize and vote on a final project list to be included in that election. (See Attachment One) A second Resolution that City Council will vote on during the July 16th Council meeting includes a Reimbursement Resolution so staff may be directed to begin design procurement services for streets listed on Proposition One of the Council-approved project list. ALTERNATIVES: 1. Approve the Resolution and project list as proposed. 2. Approve the Resolution and modify the project list. 3. Do not approve the Resolution or project list. (Not recommended) OTHER CONSIDERATIONS: On June 19, 2013, the Planning Commission reviewed the list of projects for the proposed Bond Election. If the Resolution and project list is approved by City Council, City Staff will bring an ordinance to City Council in the near future to amend the Capital Improvement Program to include the approved projects. CONFORMITY TO CITY POLICY: Conforms to statutes regarding authorizing Resolutions and Bond Elections. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Non-Applicable at this time ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012-2013 Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item Future Anticipated expenditures for this project BALANCE Fund(s): Comments: If a project list and reimbursement resolution is approved, staff will come back to City Council with an Ordinance to amend the CIP. RECOMMENDATION: City staff recommends approval of the Resolution in support of a Bond 2014 General Obligation Election for streets and the review and approval of a final street project list. LIST OF SUPPORTING DOCUMENTS: Attachment One —Staff Recommended Street Project List Resolution Powerpoint Presentation Bond Issue 2014 Staff Recommended Project List PROPOSITION ONE: Street Limits Street Cost Alameda Street Kinney to Lipan $ 1,470,000 Gollihar Road Staples Street to Weber Road 7,570,000 Gollihar Road Weber Road to Carroll Lane 4,080,000 Gollihar Road Carroll Lane to Kostoryz 4,070,000 Morgan Avenue Ocean Drive to Staples Street 3,570,000 Corona Drive Flynn Parkway to Everhart Road 1,860,000 Ayers Street Ocean Drive to Alameda Street 4,330,000 Yorktown Boulevard Lake Travis to Everhart 4,340,000 Staples Street Alameda Street to Morgan Avenue 3,080,000 Southern Minerals Road Up River Road to IH 37 3,080,000 Yorktown Boulevard Everhart Road to Staples Street 6,680,000 Carroll Lane Houston to McArdle Road 2,340,000 Old Robstown Road State Hwy 44 to Leopard 2,670,000 ADA Masterplan Implementation Citywide 1,100,000 Design Bond Issue 2016 Street Imps. TBD 4,760,000 TOTAL PROPOSITION ONE: $ 55,000,000 PROPOSITION TWO: Ayers Street Turn Lane SPID to Gollihar Road 2,000,000 Chaparral Street Phase 2 Schatzel to Taylor 4,450,000 TxDOT Participation TBD 1,500,000 Traffic Signal & Lighting Imp. Citywide 5,000,000 Rodd Field Road Expansion Saratoga to Yorktown 9,560,000 Downtown Street Traffic Signal/Area Imp. Downtown Area 3,500,000 Ennis Joslin Extension Holly Road to Williams 3,400,000 TOTAL PROPOSITION TWO: $ 29,410,000 TOTAL PROPOSITION ONE and TWO: $ 84,410,000 RESOLUTION IN SUPPORT OF CALLING FOR A GENERAL OBLIGATION BOND ELECTION IN NOVEMBER 2014 FOR THE PURPOSE OF FUNDING STREET IMPROVEMENTS IN THE AMOUNT OF $84,410,000 (WITH $55,000,000 REPRESENTING STREETS IN THE GREATEST NEED OF RECONSTRUCTION AND $29,410,000, REPRESENTING STREET CAPACITY PRIORITIES AND OTHER STREET-RELATED IMPROVEMENT PROJECTS); AND TO REVIEW, FINALIZE AND APPROVE THE STAFF-RECOMMENDED STREET PROJECT LIST. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Council declares its support and intent to approve a future Ordinance calling a November 2014 General Obligation Bond Election. SECTION 2: The City Council declares its intent to include in the November 2014 General Obligation Bond Election a Street proposition in the amount of $55,000,000 representing streets in the greatest need and a second Street Proposition in the amount of $29,410,000 for street capacity priorities and other street-related improvements. SECTION 3: The attached final list of projects to be included in a November 2014 General Obligation Bond Election (the "Project List") is approved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott FM FM W .(1) W > cc (1) FM oC N �V � � m W 0 � V1 U N p >% a Q0 U O >� cc O a L Tmq 15, 0 N n w Gi C i V W oY ® �r s s d �9 9 LN °-ay O � :W '3t?Yr,kfft;j£Y,' cx fsE"i{aru,rS`ttzt z3?f"m'flzf}`.`,i..a:l?"v'{lx{vszn,;w>j:nvz tStf. 1 J1>33sivhs^Ifl}£'s)iP?f ,'{",�;NCS?fl }{r {LL ✓x�{1lm�s^?z tai''a{�� r,sr` {oJ�,Jor}�z�1 s cxru to � �t��sJ a ��• `f�� ;r:�rZ,».Gzt3��r,�"`3r7s4r, �ji�ff�?�il�.s;�,.��T '�"�i�r%ir,'3�1{�Y-;s`ix7r{��s�r/t=s c��,�`€zJ?c ,�S z' rr a" �L�ti�'; }�1".;: r:.. ,'��41�r��sr;:,•c�»t'rrSn�llj SJ's�`sr,�nsu rr%��r<;�:s,�F.��?'S't,)<{ =sJ� ��i t��},�;_ :: v ��s€'J�s�� ?rrr��S��j£p - S rsa r' a^ �F�.:�I{x1sS..zt 3}r r,sr'»»�,Sf. .£}-=<r.�� , n��3,t31f,'?SI�•�?Y:^;iLtt�sr�r� .r;r>,<-.t? /r��s r,L�3;.ss r?�L�L�I��.�,� >Yr r! r�i� ?i�KSr .rr ,,'„o ,?,„»s3.f�cFr�mtn 3r1,v�?izc,»ti3 na, a 2`1”{� r,sr� ?r„�m.?��/fs:F�n ;£c1, ,f r€�J l�r,z v�;�,,»s£��?u`� Y{ F v S,t✓ to„iS>.»>nt �1sS},z!3f{YnIf�1.,�€y r��5;�t r�,;r.sPnzfst.2?„J=ns1 €/�u ,sac �z r�� }),r.YrrS?r>iFzdw��t"�vsP z$els • rTF4�2"?'s»'kf.�'r��»sm,,.It.,. s Z?�r,s`,T t4�f��rn^�Fst n�{��u�,.„3f,t1s,{z,i,/I r f��rl'i�lY-�c fi��aZ s. ssryzz�' �'fl a..s�� m `� cc , yr?qtr �a;�� /rZ�;3£?'�tx '� �zzS�sS{» f� �1;FS,az�vtn2r,� Ylu>�firr�� Y zrr� rrzLSCZ t{v�' }2`1=}� T;f{c `}�£?s cs{�s>�f �sr��v�stir v��r2»»"'�✓�f(Llfi��,rl�g rte>cs'} fir ,�. 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Q = O O C 0 C U^) '6 '6 >+ Q a) m E a) W t �O Q U (n N N — Q j > —°6 c N o 0 2 CL Q Er O ° Q c aN) Q m U O ° c Z ° ° m c Q , ° O Q t o o i5 ° = E oN c c m t ul O J m O O H 0 O � a) a) (6 L _� O U U Y U > m o o o o Q O J a c J x m o 0 o ° 0 0 o w Q m ul � in m E N }' c O _0 w U) 'o N u, — O m t o �° c N 3 m m m � a) a� c m w 2 m c a� O m `m v > (u m m w o m° O W i5 � E .� O Y in U O Q m n (n `O OL ip ip m a °-) a o L C E C J n U a o `m `m `m m c o a��i a� o — o c co U `m H ii o o � rn N Q O c U) (n 0 0 0 O o >, o m o o (6 --° N >, L o o C o Q c7 c7 (D U Q >- in U >- U O Q 0 Q U Of 0 w z 4� 000000000 0 0 0 0 0 0 000 °' ° O N ry� S( yi w rat i pklupu,,a)p (gg r ar o z p co (01€-�*3 IND fQ z "WO /r } Kean RJALI l . } f � { 0 € { M Bond Issue 2014 Staff Recommended Project List PROPOSITION ONE: Street Limits Street Cost Alameda Street Kinney to Lipan $ 1,470,000 Gollihar Road Staples Street to Weber Road 7,570,000 Gollihar Road Weber Road to Carroll Lane 4,080,000 Gollihar Road Carroll Lane to Kostoryz 4,070,000 Morgan Avenue Ocean Drive to Staples Street 3,570,000 Corona Drive Flynn Parkway to Everhart Road 1,860,000 Ayers Street Ocean Drive to Alameda Street 4,330,000 Yorktown Boulevard Lake Travis to Everhart 4,340,000 Staples Street Alameda Street to Morgan Avenue 3,080,000 Southern Minerals Road Up River Road to IH 37 3,080,000 Yorktown Boulevard Everhart Road to Staples Street 6,680,000 Carroll Lane Houston to McArdle Road 2,340,000 Old Robstown Road State Hwy 44 to Leopard 2,670,000 ADA Masterplan Implementation Citywide 1,100,000 Design Bond Issue 2016 Street Imps. TBD 4,760,000 TOTAL PROPOSITION ONE: $ 55,000,000 PROPOSITION TWO: Ayers Street Turn Lane SPID to Gollihar Road 2,000,000 Chaparral Street Phase 2 Schatzel to Taylor 4,450,000 TxDOT Participation TBD 1,500,000 Traffic Signal & Lighting Imp. Citywide 5,000,000 Rodd Field Road Expansion Saratoga to Yorktown 9,560,000 Downtown Street Traffic Signal/Area Imp. Downtown Area 3,500,000 Ennis Joslin Extension Holly Road to Williams 3,400,000 TOTAL PROPOSITION TWO: $ 29,410,000 TOTAL PROPOSITION ONE and TWO: $ 84,410,000 RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS FROM THE PROCEEDS OF TAX- EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) (a) designing, acquiring, constructing, renovating, and improving Issuer streets (including utility relocation), sidewalks, curbs, and drainage incidental thereto, and (b) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned capital improvements (the Construction Costs), (ii)the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii)the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv)the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the Issuer's projects that are the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations)which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt obligations (the Obligations) that the Issuer currently contemplates issuing in the principal amount of not to exceed $8,000,000 to finance a portion of the costs of the Project; and 57181096.2 WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4: The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5: This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds", as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. -2- 57181096.2 SECTION 8: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] -3- 57181096.2 PASSED ON FIRST READING on the 16th day of July, 2013. PASSED AND ADOPTED ON SECOND READING on this the 23rd day of July, 2013. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary APPROVED THIS DAY OF JULY, 2013: Carlos Valdez, City Attorney -4- 57181096.2 THE STATE OF TEXAS )( COUNTY OF N UECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 23rd day of July, 2013, relating to establishing the City's intention to reimburse itself in an amount not to exceed $8,000,000 for public improvements throughout the City, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of July, 2013. City Secretary (CITY SEAL) -5- 57181096.2 0 AGENDA MEMORANDUM 1852 City Council Meeting of June 25, 2013 DATE: June 10, 2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, M.P.H.; Director of Public Health annetter@cctexas.com 361-826-7205 Texas Medicaid Managed Care Initiative (1115 Wavier) Update STAFF PRESENTER(S): Name Title/Position Department 1. Annette Rodriguez Director of Public Health Health OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Jonny Hipp Executive Director Hospital District BACKGROUND : Texas Medicaid Managed Care Initiative (1115 Waiver) is a Texas healthcare transformation and quality improvement program that allows Medicaid managed care services to be expanded for only certain entities, in this 1St pass through such as; hospitals, mental health facilities and health districts. The Health District applied for this initiative through the Hospital District, which serves as the "Anchor" for an 18 county area. Our request for proposal is under the Delivery System Reform Incentive Payment (DSRIP) pool. We submitted a diabetes project for improved coordination of care of our patients, setting up a health information exchange to share information among clinics, hospitals, physicians, etc. We are also submitting a project aimed at obesity prevention for at risk children. The purposes of these DSRIP projects must be for improved access to care, more efficient and cost effective care, improved health outcomes, equitable care and positive Medicaid patient experiences. The span of the grant is a four year period. LIST OF SUPPORTING DOCUMENTS: Texas Medicaid Managed Care Initiative (1115 Waiver) Power Point ��. r}'' S 7 I ,,,;., .;, �;, 9 n:':.,� T t ;�' a �;; R �,,;, �,', f;;, � � f 1 s f }<�. r {`f t � { FJ+i 1 )� I�Y F P ti iy � � t' t 0 1 f==; t �.,. .. �. ��1 �h,-' _, c ,,,. � u I /, a E,,. l y, 1 �' V� r'.. �a> � ,� z r �," .�,N r f f! a f. 1,, s