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HomeMy WebLinkAboutAgenda Packet City Council - 07/23/2013 1201 Leopard Street Corpus Christi Corpus Christi,TX 78401 cctexas.com 7 Meeting Agenda - Final City Council Tuesday,July 23,2013 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 Felix Zavala, El Shaddai 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. 13-000679 Proclamation declaring July 23, 2013 as "Pepe Serna Day" Proclamation declaring July 25-28, 2013 as "2013 TAAF Summer Games of Texas Week" Proclamation declaring July 27, 2013 as "Feria de las Flores Day" Proclamation declaring August 2013 as "Corpus Christi Human Resource Management Association Diversity & Inclusion Awareness Month" 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 711912013 City Council Meeting Agenda-Final July 23,2013 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 -4) 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. 13-000675 Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding Cause No. 13-10-00272-CV, styled San Patricio Municipal Water District and South Texas WaterAuthority vs. City of Corpus Christi, presently on appeal from the 319th District Court of Nueces County, Texas with possible discussion and action in open session. 3. 13-000654 Executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the City of Corpus Christi in negotiations with a third person with possible discussion and action in open session. 4. 13-000655 Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from a business prospect that the City Council seeks to have locate, stay, or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect, with possible discussion and action in open session. I. MINUTES: (NONE) Corpus Christi Page 2 Printed on 711912013 City Council Meeting Agenda-Final July 23,2013 J. BOARDS &COMMITTEE APPOINTMENTS: (ITEM 5) 5. 13-000680 Civil Service Commission Civil Service Board Attachments: 07-23-13 final 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 6 - 14) 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. 6. 13-000524 Purchase of Mini Track Excavators 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. Attachments: Agenda Memo- Mini Track Excavators.pdf Bid Tabulation- Mini Track Excavators.pdf 7. 13-000535 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. 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. Corpus Christi Page 3 Printed on 711912013 City Council Meeting Agenda'Final July 28.2018 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 Service.Agreement-Custodial Service Frost Building, 8. . 3-000X572 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 $17.395.86 is required for FY2012-2013.The terms of the contracts shall be for six months with options to extend for up to three additional nnontho, subject to the approval of the Coastal Bend Council of Governnnento, the oupp|iero, and the City Manager ordesignee. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Performance Food Group Corpus Christi, Texas Victoria, Texas 109 Line |tenno 91 Line |tenno $78.011.32 $130.739.00 Grand Total: $208.750.32 Attachments: 9. .C3-{000579 Lemse - Purohmse 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 (S) heavy trucks for the total amount of$1.211.268.00. of which $1.015.992.00 is required for the remainder ofFY2012-2013. The heavy trucks are awarded to the following companies for the following amounts in accordance with Bid Invitation No. B|-0164-13 based on lowest responsible bid. Funding for the purchase of heavy trucks io 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 Page Printed onrnumom City Council Meeting Agenda-Final July 23,2013 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 10. 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 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 Attachments: Agenda Memo- Mowing Services Bid Tabulation- Mowing Services SERVICE AGREEMENT-BROWN MULE STORM WATER SERVICE AGREEMENT-ASPEN WATER PRODUCTION 11. 13-000594 Memorandum of Understanding (MOU) regarding aerial spraying for mosquitoes 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. Attachments: Agenda Memo- MOU mosquito aerial spraying 07.09.2013 Resolution -MOU Nueces County Mosquito-Police MOU- mosquito spraying 12. 13-000544 Second Reading Ordinance-Accepting and appropriating Federal grant for the FY 2013 Port Security Grant Program (1st Reading Corpus Christi Page 5 Printed on 711912013 City Council Meeting Agenda-Final July 23,2013 7116113) 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. Attachments: Agenda memo- PSGP subgrant 06.25.3013 Ordinance-Port Grant 2013-Police Award matrix-subgrant 13. 13-000601 Second Reading Ordinance - Appropriating funds for the Women, Infants and Children (WIC) grant amendment to increase funding (1st Reading 7116113) 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. Attachments: Agenda Memo-Amended WIC for Peer Counselor Program-PDF.pdf Ordinance- Health Dept WIC program amendment.pdf Letter of Amendment-WIC 2013.pdf Contract-2013 WIC.-Grant., 14. 13-000598 Second Reading Ordinance -Appropriating Funds and approving the lease purchase for vehicles for daily operational use (1sst Reading 7116113) 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. BI-0146-13, for the total amount of$1,229,148. Corpus Christi Page 6 Printed on 711912013 City Council Meeting Agenda'Final July 28.2018 Attachments: Bid Tabulation- Purchase of Vehicles._p M. PUBLIC HEARINGS: (ITEMS 15 - 16) 15. .C3-{�}0631 i Public Hearing and First Reading Ordinance -Rezoningfnommthe "RS-4.5" Single-Family 4.5 District to the "RS-4.5VPUC)^ Single-Family 4.5 District with m Planned Unit Development Overlay, on property located east of Rancho Vista Boulevard East. Case No. 0613-01 Yorktown Oso Joint Venture: A change of zoning from the "RS-4.5" Single-Family 4.5 District tothe "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Dveday, not resulting in a change tothe Future Land Use Plan. The property to be rezoned is described as being a 5.74-aone tract ofland out ofLots 19. 20. 29. and 30. Section 25, Flour Bluff and Enoina| Farm and Garden Tracts, located east of Rancho Vista Boulevard East, between Stampede Drive and Vaquero Drive. The rezoning also includes the associated PUD plat. Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, subject to six conditions. Ordinance Ordinance amending the Unified Development Code ("UDC") upon application by Yorktown {}oo Joint Venture ("{}vvner'), by changing the UDC Zoning Map in reference to a 5.74-aone tract ofland out ofLots 19. 20. 29. and 30. Section 25, Flour Bluff and Enoina| Farm and Garden Tnaoto, from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: AgendaMemo-York-town Oso Joint Venture 07032013 Zoning_Report-York-town Oso Joint Venture Ordinance-0613-01 York-town Oso Joint Venture 16. .C3-{0Y}632 Public Hearing and First Reading Ordinance -Rezoning from the ^FFi^ Farm Fiunm| District tothe "RS-4.5" Single-Family 4.5 District, on property located mt74O1 and 7555 Holly Road. Case No. 0613-02 Southside Ventures, : A change of zoning from the "FR" Farm Rural District tothe "RS-4.5" Single-Family 4.5 Diotriot, Corpus Christi paver Printed onrnumom City Council Meeting Agenda-Final July 23,2013 not resulting in a change to the Future Land Use Plan. The porperty to be rezoned is described as Lots 3, 4, and 5, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Holly Road, approximately 1,160 feet east of Rodd Field Road. Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Southside Ventures, L.P., acting as agent on behalf of Palm Land Investments, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lots 3, 4, and 5, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Southside Ventures Map-Aerial Overview Zoning Report-Southside Ventures Ordinance-Southside Ventures N. REGULAR AGENDA: (ITEM 17) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 17. 13-000269 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 $194,847.00, for a re-stated fee not to exceed $240,597.00 for Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program-Pilot Program. Attachments: Revised Memo-Citywide Street Overlay and Sealcoat IDIQ Program-Pilot Pro REVISED Project Budget-Street IDIQ as of 07 17 2013 REVISED PowerPoint-CiWwide Street Overlay and Sealcoat IDIQ Program-Pill Locabon_Map-Citywide Street Overlay and Sealcoat IDIQ Program-Pilot Progr� O. FIRST READING ORDINANCES: (ITEMS 18 -23) 18. 13-000602 First Reading Ordinance -Accepting and appropriating Federal grant to combat drug trafficking Corpus Christi Page 8 Printed on 711912013 City Council Meeting Agenda-Final July 23,2013 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant modification award in the amount of$71,837 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $71,837 in the No. 1061 Police Grants Fund. Attachments: Agenda memo- HIDTAsubgrant 07.23.2013 Sub-award letter- HIDTA 07.23.2013 Ordinance- HIDTA modified grant 2013- Police 19. 13-000630 First Reading Ordinance -Appropriating funds from the sale of police handguns to police officers Ordinance appropriating $87,526 in the General Fund No 1020 from the sale of Police handguns; and Amending the FY 2012-2013 Operating Budget adopted by Ordinance No. 029577 to increase revenue and expenditures in the General Fund No 1020 by $87,526 Attachments: Agenda memo-Appro sale of weapons funds 06 11 2013 Ordinance-Sale of guns- police-2013 20. 13-000485 First Reading Ordinance -Appropriating funds from the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program Ordinance appropriating $3,380,824 from the United States Department of Homeland Security - Staffing forAdequate Fire and Emergency Response (SAFER) Grant Program, into the No. 1062 Fire Grants Fund to hire and maintain 34 additional firefighters within the Fire Department. Attachments: Agenda Memo-SAFER grant Award Letter SAFER Grant Ordinance-SAFER 21. 13-000645 First Reading Ordinance -Amending the Code of Ordinances to adopt new compensation rates Ordinance amending Code of Ordinances, Chapter 39, Personnel, Article III Employee Classification and Compensation System of the Corpus Christi Code of Ordinances to adopt new compensation rates. Attachments: Agenda Memo- Personnel Ordinance Final 7.18.13 revised Redlined Ordinance- Personnel.Revised7.9.13 Ordinance- Personnel Final 7.12.13 Corpus Christi Page 9 Printed on 711912013 City Council Meeting Agenda-Final July 23,2013 22. 13-000607 First Reading Ordinance - Engineering Design Contract Amendment No. 1 for Cefe Valenzuela Outfall Modifications and On-Call Consulting Services Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E11050 Cefe Valenzuela Outfall Modifications; transferring funds from Fund No. 3365 Reserve Appropriation in the amount of$100,000 to Project No. E11050 Cefe Valenzuela Outfall Modificationsand authorizing the City Manager or designee to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of$69,800, for a total restated fee not to exceed $116,200 for the Project No. E11050 Cefe Valenzuela Outfall Modifications and On-Call Consulting Services. Attachments: Agenda Memo-Cefe Valenzuela Outfall Mods and On Call Services.pdf Proiect Budget Contract Ordinance.pdf Location Map.pdf 23. 13-000625 First Reading Ordinance -Accepting and appropriating State grant for air quality planning Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant in the amount of$442,300 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Fund for air quality planning purposes. Attachments: Agenda Memo-TCEQ grant far air quality planning.pdf Contract-,Cooperative Reimbursement Grant.pdf Ordinance-TCEQ Air Quality Planning .pdf FUTURE CORPORATION MEETING (ITEM 24) 24. 13-000496 Annual Board Meeting of the Corpus Christi Community Improvement Corporation Annual Board meeting of the Corpus Christi Community Improvement Corporation (CCCIC) Corpus Christi Page 10 Printed on 711912013 City Council Meeting Agenda'Final July 28.2018 Attachments: CCCIC.Agenda CCCIC Minutes 10.23.12 LRC Board Packet P. FUTURE AGENDA ITEMS: (ITEMS 25 -39) The following items are for Council's informational purposes only. No action will bo taken and no public comment will bosolicited. 25. .C3-0K00X639 Service Agreement for custodial services mt Police Department Motion approving a service agreement with ABM Janitorial Services - South Central Inc., San Antonio, Texas for custodial service for the main police building in accordance with Bid Invitation No. B|-0161-13 based on low responsible bid for an estimated annual expenditure of$85.500. 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 supplier and the City Manager ordesignee. Funds have been budgeted by the Police Department in FY 2012-2013 and will be requested during the normal FY 2013-2014 budget approval process. Attachments: AgendaMemo-Custodial Services., Bid Tabulation-Custodial Services.pd 26. .C3-{00X0633 Purchase of Law Enforcement Firearms &Accessories Motion approving the purchase of firearms and accessories from Smith &VVe000n Corporation, Springfield, Maooaohuoetto, based on sole oouroe, in the amount of$91.395. Funds are budgeted in the Police and Fine departments' FY 2012-2013 budgets. Attachments: AgendaMemo- Law Enforcement Firearms&Accessories Price Sheet- Law Enforcement Firearms&Accessories 27. .C3-{0Y}658 Purchase of six vehicles for Fire Department use Motion approving the purchase of four (4) Chevrolet Tahoeo and two (2) Ford Explorers from Caldwell Country Chevro|et/Fond, Ca|dvve||. Texas for a total amount of$152.222. The award io based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC) and the State of Texas Cooperative Purchasing Program. Funding is available in the FY 2012-2013 of the Fine Department Fund. Corpus Christi Page// Printed onrnauom City Council Meeting Agenda'Final July 28.2018 Attachments: Price Sheet-Vehides.pdf 28. .C3-00X066[2 Purchase and Installation of Fire Alarm Systems for Senior Centers Motion approving the purchase and installation of four(4) fine alarm systems from MCG Fire & Security, Corpus Christi, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of$64.958.00. Funds have been budgeted by the Parks and Recreation Department in FY2012- 2013. Attachments: Price Sheet- Fire Alarm Systems.pdf 29' .C3-00X0640 Purchase of Water Truck Motion approving the purchase of one (1) 2.000 gallon Water Truck from Corpus Christi FreighUiner, Corpus Christi, TX for a total amount of $88.800.00. The award io based on the cooperative purchasing agreement with the Houston Galveston Area Council. The equipment will be used by the City's Water Department. This unit ioan addition to the fleet. Funds are available from the Water Department Fund No. 4010. Attachments: AgendaMemo-Water Truck Price Sheet-Water Truck 30. .C3-00X0649 Contingency service agreement for Hurricane/Storm Disaster Recovery Services Motion awarding a contingency service agreement with CrovvderGu|f. LLC, Theodore A|abanna, to provide hurricane disaster recovery operation oervioeo, in accordance with Bid Invitation No. B|-0167-13, based on most advantageous propooa|, for an estimated event expenditure of $62.620.440. The term of the contract will be for five years. Attachments: Award Memo- Disaster Recovery Award Matrix- Disaster Recovery Service Agreement- Disaster Recovery 31. 13-000622 Supply Agreement for Library Books and Recordings Motion approving supply agreements with the following companies for the following amounts, for library books and recordings inaccordance with Bid Invitation No. B|-0173-13. for an estimated annual expenditure of$300.000. Awards are based on lowest responsible bid; providing for secondary suppliers for Groups | and ||. The term of the contracts will be for twelve months with an option to extend for upto four additional twelve-month periods subject to the approval of the suppliers and the Corpus Christi Page 12 Printed onrnumom City Council Meeting Agenda'Final July 28.2018 City Manager orhis designee. Funds have been budgeted by the Corpus Christi Public Libraries in FY2012- 2013 and will be requested during the normal FY 2013-2014 budget approval process. Primary Secondary Secondary Baker& Taylor, Inc. BrodartConnpany Ingram Library Services, Inc. Charlotte, NC Williamsport, PA La Verqne, TN Groups: | -VU| Group: | Group: || Total: $290.000 Total: $5.000 Total: $5.000 Grand Total: $300,000 Attachments: Agenda Memo-Supply Agreement for Library Books and Recordings.pdf Bid Tabulation-Supply Agreement for Library Books and Recordings.pdf 32' 1C-000X641 Resolution supporting Destination Bmnfnont Resolution approving and adopting the Corpus Christi Destination Bayfront Master Implementation Plan, Schematic Design and the phasing plan outlined therein prepared by Hargreaves Associates for the Destination Bayfrnnt Project ("Project"); directing staff to prepare an ordinance calling for a November 5. 2013 Election with language for a bond proposition to fund the construction of the Project; authorizing the City Manager ordesignee to execute Amendment No. 11 to the Professional Services Contract with Hargreaves Associates, Inc. inthe amount of$1.S36.300 and Amendment No. 2to the Testing Agreement with Rook Engineering &Teodng Laboratory in the amount of $102.500, contingent upon voter-approval of the Bond Proposition. Attachments: Final Resolution-Destination.Bayfron ContractAmend No 11 - Hargreaves 33. 13-000385 Engineering Design Contract for construction phase services to support the Minor Street Indefinite Delivery/indefinite Quantity (|C)|Q) program Motion authorizing the City Manager, or deoignee, to execute a Contract for Professional Services with Engineering and Construction Management Services LLC from Corpus Chhod. Texas in the amount of $85.600.00. for Indefinite Delivery/Indefinite Quantity Minor Street improvements Year Two. Corpus Christi Page 13 Printed onrnumom City Council Meeting Agenda'Final July 28.2018 Attachments: ProjectBudget-Mi nor Street IDIQ Contract- Professional Services Minor Street I DIQ Locabon_,_Map_,-__Mi nor Street IDIQ 34. . 3-000642 Engineering Design Contract Amendment No. 9 for the Mary Rhodes Pipeline Phase 2 Motion authorizing the City Manager, or designee, to execute Amendment No. S to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $195.664.00. for a total restated fee not to exceed $11.335.503.00 for Mary Rhodes Pipeline Phase 2. Attachments: Agenda Memo- MR Pipeline.pdf Project Budget- MR Pipeline.pdf Location Map- MR Pipeline.pdf Contract -Mary Rhodes Pipeline 35. 13-0X006K08 Adopting m resolution for the acquisition of nem| property rights for the Holly Road Street Improvement Project -GneennnoodDr. to (SH286) Crosstown Expressway, Bond 2008 A resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of parcels of land by fee simple title tothe surface eotate, ud|ih/ eaoennento, and temporary construction easements for astreet improvement project knovvn as the Holly Road Street Improvement Project which io to be generally located from Greenwood Dr. to (GH286) Crosstown Expneoovvay, Bond 2008; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation bv eminent domain proceedings to acquire the fee simple and easement interests in the properties; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property tobeacquired by condemnation the parcels of land described herein by a single record vote of the City Council. Attachments: List- Parcel Ownership._pd Resolution-Acguisition of Real Prope 36. .C3-{000587 Type Grant for Service Corps of Retired Executives (SC[}RE) Chapter 221 for Fiscal Year 2O14 Corpus Christi Page 14 Printed onrnumom City Council Meeting Agenda-Final July 23,2013 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide grant up to $50,000 to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the SCORE Chapter 221 Small Business Incentives Agreement. Attachments: Agenda Memo-SCORE Resolution -SCORE Contract-SCORE Contract-SCORE Project Service Agreement 37. 13-000669 Setting Date to adopt the Property Tax Rate Motion setting September 10, 2013 as the date of the adoption of the ad valorem tax rate of$0.588797 per$100 valuation. Attachments: Agenda Memo-Ad Valorem Tax Rate Meeting 073013.pdf 38. 13-000670 Setting Public Hearing Dates for Ad Valorem Tax rate Motion setting a public hearing on the ad valorem tax rate for August 20, 2013 and a second public hearing for August 27, 2013, during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Attachments: Agenda Memo-Ad Valorem Setting of Public H earings 073013.pdf 39. 13-000621 Renewal of State and Federal external legislative consultant contracts Motion authorizing the City Manager to execute one year renewal agreements for governmental relation services with Focused Advocacy for stategovern mental relations services for$78,000 per year plus reasonable expenses and with Meyers &Associates for federal governmental relations services for$72,000 per year plus reasonable expenses. Attachments: Agenda memo- renewal of state&federal lobby contracts Contract- Focused Advocacy Renewal Contract- Meyers Assoc Renewal Q. BRIEFINGS TO CITY COUNCIL: (NONE) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. Corpus Christi Page 15 Printed on 711912013 City Council Meeting Agenda-Final July 23,2013 R. ADJOURNMENT Corpus Christi Page 16 Printed on 711912013 a. CIVIL SERVICE COMMISSION — One (1) vacancy with term to 6-15-16. (The City Manager appoints to the Civil Service Commission, subject to confirmation by the City Council.) FIREFIGHTERS AND POLICE OFFICERS ONLY DUTIES: To adopt, amend, and enforce a code of rules and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. With additional duty as outlined under Chapter 143, Texas Local Government Code. COMPOSITION: Three (3) members shall be appointed by the Chief Executive of the City and confirmed by a majority of the City Council. Members must(1) be of good moral character, (2) be a U. S. Citizen, (3) be a resident of the City and have lived in the City for three years preceding appointment, (4) be over 25 years of age, and (5) not have held a public office within the preceding three years. ORIGINAL MEMBERS TERMS APPTD. DATES Susanne Bonilla, Chair 6-15-15 5-26-09 Catherine F. Lutz 6-15-14 6-28-11 *Hector Saenz, Jr. 6-15-13 7-20-10 Legend: *Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Hector Saenz, Jr. 1 1 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Sal Hernandez 3725 Sarita St., 78416 Administrative Assistant, Nueces County. Attends Del Mar College. Assists the Director of Human Services for Nueces County. Former Civil Service meeting/hearings coordinator for Nueces County. (6/20/12) Jamie Hill 6533 Patti Dr., 78414 Sr. Human Resources Generalist, FMC Technologies. Attended Del Mar College. Activities include: Society of Human Resource Management Association, Corpus Christi Human Resource Management Association, and Volunteer for Salvation Army's Surviving the Night Program. (618111) Jason M. Mcdonel 4213 Warwick, 78411 Juvenile Probation Officer, Nueces County Juvenile Probation Department — Nueces County Boot Camp. Received Bachelors in Education majoring in Kinesiology and Social Studies. Served 4 years in U.S. Marine Corps. (12/15/11) Anthony J. Mulheron 6533 Patti Dr., 78414 Quality Control Inspector, L3. Owner, AIM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (512111) Leslie Vlisides 2217 Savoy, 78414 Human Resources Manager, Swantner & Gordon Insurance Agency. Received BBA in Management. Activities include: Corpus Christi Human Resources Management Association, Best Places to Work, Christian Day Camp, Relay for Life and American Red Cross. (5110/11) Tommy E. Watson, Jr. 660 Cantwell, 78408 Self-Employed Businessman. Attended former Texas A&I University (now TAMUK). Activities include: Rotary West Club-Corpus Christi, Barrows Club, and Northwest Business Association. (6114113) b. CIVIL SERVICE BOARD— One vacancy with term to 6-15-16. (Typically the same appointee for the Civil Service Commission has served on the Civil Service Board, but it is not mandatory.) DUTIES: To adopt, amend, and enforce a code of rules and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. COMPOSITION: Three (3) members shall be appointed by the Council for three-year terms or until a successor is named. The members choose their own chairman and appoint a chief examiner, not a member of the Board, who shall also act as secretary. Members must (1) be of good moral character, (2) be a U. S. Citizen, (3) be a resident of the City and have lived in the City for three years preceding appointment, (4) be over 25 years of age, and (5) not have held a public office within the preceding three years, with the exception of notary public. ORIGINAL MEMBERS TERMS APPTD. DATES Susanne Bonilla, Chair 6-15-15 5-26-09 Catherine F. Lutz 6-15-14 6-28-11 *Hector Saenz, Jr. 6-15-13 7-20-10 Legend: *Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Hector Saenz, Jr. 3 3 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Maria M. Gonzalez 1813 Amazon Dr., 78412 Retired. Former City of Corpus Christi employee, Senior Services Department. Attended two years college. Activities include: Precinct Chairman, recording secretary for Hispanic Republican Assembly. (6101112) Sal Hernandez 3725 Sarita St., 78416 Administrative Assistant, Nueces County. Attends Del Mar College. Assists the Director of Human Services for Nueces County. Former Civil Service meeting/hearings coordinator for Nueces County. (6120112) Jamie Hill 6533 Patti Dr., 78414 Attended Del Mar College. Activities include: Society of Human Resource Management Association, Corpus Christi Human Resource Management Association, and Volunteer for Salvation Army's Surviving the Night Program. (6/8/11) Jason M. Mcdonel 4213 Warwick, 78411 Juvenile Probation Officer, Nueces County Juvenile Probation Department — Nueces County Boot Camp. Received Bachelors in Education majoring in Kinesiology and Social Studies. Served 4 years in U.S. Marine Corps. (12/15/11) Anthony J. Mulheron 6533 Patti Dr., 78414 Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (512111) Guy Nickleson 7949 Grizzley, 78411 CEO/Founder, LEAD First Foundation. Received a BA in Marketing from Texas A&M-Corpus Christi. Former Director of the YMCA of the Coastal Bend for 16 years. Also, former Educator with CCISD for 9 years. Activities include: founder YMCA's Youth and Government program, received the "Living the Dream" award by K111- TV, also awarded The Tom Joiner Show Award, former member Commission on Children and Youth, training board for new Police Officers, Mentors Network. Also received awards from HI-ALCO Neighborhood Council and Community Action Agency for work with youth and families. (4125113) Lyndon E. Smiling 221 Clearview Dr., 78418 Operations Manager, Sikorsky Aircraft. Received a BS in Technical Management; Minor in Logistics. Currently enrolled in Embry-Riddle Aeronautical University (ERAU) in the Master of Science in Management (MSM) Program. Retired U.S. Navy. Activities include: various fundraisers for USO, March of Dimes, Juvenile Diabetes and other charities. (06104113) Leslie Vlisides 2217 Savoy, 78414 Human Resources Manager, Swantner & Gordon Insurance Agency. Received BBA in Management. Activities include: Corpus Christi Human Resources Management Association, Best Places to Work, Christian Day Camp, Relay for Life and American Red Cross. (5110111) Tommy E. Watson, Jr. 660 Cantwell, 78408 Self-Employed Businessman. Attended former Texas A&I University (now TAMUK). Activities include: Rotary West Club-Corpus Christi, Barrows Club, and Northwest Business Association. (6114113) 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 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 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 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 � 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 ® 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 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 U� p AGENDA MEMORANDUM pia Public Hearing and First Reading for the City Council Meeting of July 23, 2013 1852 Second Reading for the City Council Meeting of July 30, 2013 DATE: June 20, 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 for a Single-Family Planned Unit Development for Yorktown Oso Joint Venture Property Location: East of Rancho Vista Boulevard East CAPTION: Case No. 0613-01 Yorktown Oso Joint Venture: A change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan. The property is described as being a 5.74-acre tract of land out of Lots 19, 20, 29, and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rancho Vista Boulevard East, between Stampede Drive and Vaquero Drive. PURPOSE: The purpose of this item is to rezone the subject property to allow single-family dwellings with deviations from the code requirements in the "RS-4.5" Single-Family 4.5 District. RECOMMENDATION: Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, subject to the following six conditions: 1.) Development Plan: The Owners shall develop the Property in accordance with the Master Site Plan. The development of the Property is to consist of 23 single- family lots and one private park lot. The development shall be constructed in one phase. 2.) Residential Lot Development Standards: The Property must be developed in accordance with the setbacks, lot sizes, and lot widths established on the Master Site Plan and associated plat. Each lot must maintain a minimum 30% open space. Development standards not shown on the Master Site Plan or associated plat or not addressed in the conditions of this ordinance must be in accordance with the "RS-4.5" Single-Family 4.5 District. 3.) Parking: The Property shall provide 20 on-street parking spaces in designated bump-out areas shown on the Master Site Plan. Additionally, each lot shall have a two-car garage. Lots 47, 52, 55, and 61 may have the garages setback at a minimum five feet from the private street. 4.) Private Street Access: Each lot shall have access to a private street with a width of not less than 24 feet, as measured from back of curb to back of curb. The private street shall be striped to indicate "Fire Lane/ No Parking." The entrance to the Property may have a controlled access gate. The controlled access gate shall be located to provide a minimum of four vehicle stacking spaces. 5.) Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the internal private street and shall be located in a dedicated five-foot wide pedestrian easement. 6.) Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay to allow construction of a single-family subdivision that deviates from the typical standards of the Unified Development Code (UDC). The purpose of the Planned Unit Development Overlay (PUD) in this case is to allow deviations of the code requirements related to the street width, sidewalks, and front yard setbacks. This rezoning is compatible with the present zoning and conforming uses of nearby properties and with the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood and is consistent with the Future Land Use Plan's designation of the property as a low density residential use. ALTERNATIVES: 1. Modify the conditions of the PUD; or 2. 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 n �w y " y' z i u '+x; � t °k;,_ k�;• �, g �'` .'�# feFj s 4x s°., .�. *�^ '.;$" rr'ar x§ s t` MAYON Mus MET MR pq rz 0 � e NAM f �ffrz '• `ax ' '. 'rvs. s r�� '�` `��.' s: v' any x ism y � _l�7�1!'4' y ' a V 9k �T s, n �j x dv. o" 7i ZONING REPORT Case No.: 0613-01 HTE No. 13-10000018 Planning Commission Hearing Date: June 19, 2013 a Applicant/Owner: Yorktown Oso Joint Venture c — .o Legal Description/Location: Being a 5.74-acre tract of land out of v a Lots 19, 20, 29, and 30, Section 25, Flour Bluff and Encinal Farm and E—J 5 Garden Tracts, located east of Rancho Vista Boulevard East, between Q°a o Stampede Drive and Vaquero Drive. From: "RS-4.5" Single-Family 4.5 District To: "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit •E n Development Overlay Cr i° Q Area: 5.74 acres Purpose of Request: To develop a single-family subdivision. Existing Zoning Existing Land Use Future Land Use District "RS-4.5" Single-Family Low Density c� Site 4.5 Vacant Residential (D North "RS-6" Single-Family 6 Water Water c Low Density N "RS-4.5" Single-Family Low Density c South 4 .5 ReVacanit I & Residential J n "RS-4.5" Single-Family • East 4.5 Water Water w West "RS-4.5" Single-Family Vacant Low Density 4.5 Residential Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for CL M c low density residential uses. The proposed rezoning to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay is a 6 consistent with the adopted Future Land Use Plan. Q Map No.: 042029 & 042030 Zoning Violations: None CL c Transportation and Circulation: The subject property will have access to Rancho Vista Boulevard East, which is Local Residential street. L Urban Proposed Existing Traffic Street Transportation Q � Plan Type Section Section Volume L O c Rancho Vista 50' ROW 24' ROW Not Blvd. E. Local Residential 28' paved not paved Available Zoning Report Case#0613-01 Yorktown Oso Joint Venture Page 2 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-4.5" Single- Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay to allow construction of a gated, single-family subdivision. The purpose of the Planned Unit Development Overlay (PUD) in this case is to allow deviations of the code requirements related to the street width, sidewalks, and front yard setbacks. Development Plan: The proposed single-family development will consist of 27 lots. Twenty-six lots are for single-family dwellings and one 8,765-square foot lot will be dedicated as a private park maintained by the home owners association. The development will be completed in one phase. This PUD will utilize decreased front yard setbacks, sidewalk width, and street width. The development will meet all other requirements of the "RS-4.5" Single-Family 4.5 District. The single-family lots will range in size from 7,200 square feet to 10,584 square feet, and the lot width will range from 24 feet to 75 feet. Each lot will have a two-car garage and the development will provide 20 parking spaces in designated areas along the street where fire truck access will not be impeded. The development will have one point of access to Rancho Vista Boulevard East and the internal private street will have a controlled access gate. The following table is a comparison of the proposed development standards and the development standards of the "RS-4.5" Single-Family 4.5 District and UDC. The table states all necessary deviations from the UDC. Minimum Dimensions "RS-4.5" District Standards for Proposed PUD Complies? single-family detached houses Lot area 4,500 sq. ft. 7,200 to 10,584 sq. ft. Yes Lot width 45 ft. 24 to 75 ft. No Front yard 20 ft. 5 to 20 ft. No Side yard 5 ft. 5 ft. Yes Rear yard 5 ft. 5 ft. Yes Open Space 30% 30% Yes Height 35 ft. 35 ft. Yes Private Street 28 ft. 24 to 40 ft. No Sidewalk 6 ft. on one side 5 ft. on one side No Existing Land Uses & Zoning: North and east of the subject property is a private lake zoned "RS-6" Single-Family 6 District and "RS-4.5" Single-Family 4.5 District. West of the subject property is vacant land zoned "RS-4.5" Single-Family 4.5 District. South of the subject property are single-family dwellings zoned "RS-4.5" Single-Family 4.5 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Zoning Report Case#0613-01 Yorktown Oso Joint Venture Page 3 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 consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. Plat Status: The subject property is not platted. The property will be platted in accordance with the PUD plat. Department Comments: • This Planned Unit Development utilizes decreased front yard setbacks, street widths, and sidewalk widths. The development will meet all other requirements of the "RS-4.5" Single-Family 4.5 District. • This rezoning is compatible with the present zoning and conforming uses of nearby properties and with the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • This rezoning is consistent with the Future Land Use Plan's designation of the property as a "low density residential" use. • PUDs allow flexibility for attractive, efficient design and can encourage development on difficult sites. Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, subject to the following conditions: 1.) Development Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit C. The development of the Property is to consist of 23 single-family lots and one private park lot. The development shall be constructed in one phase. 2.) Residential Lot Development Standards: The Property must be developed in accordance with the setbacks, lot sizes, and lot widths established on the Master Site Plan and associated plat as shown in Exhibits C and D, respectively. Each lot must maintain a minimum 30% open space. Development standards not shown on the Master Site Plan or associated plat or not addressed in the conditions of this ordinance must be in accordance with the "RS-4.5" Single- Family 4.5 District. 3.) Parking: The Property shall provide 20 on-street parking spaces in designated bump-out areas shown on the Master Site Plan in Exhibit C. Additionally, each lot shall have a two-car garage. Lots 47, 52, 55, and 61 may have the garages setback at a minimum five feet from the private street. Zoning Report Case#0613-01 Yorktown Oso Joint Venture Page 4 4.) Private Street Access: Each lot shall have access to a private street with a width of not less than 24 feet, as measured from back of curb to back of curb. The private street shall be striped to indicate "Fire Lane/ No Parking." The entrance to the Property may have a controlled access gate. The controlled access gate shall be located to provide a minimum of four vehicle stacking spaces. 5.) Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the internal private street and shall be located in a dedicated five-foot wide pedestrian easement. 6.) Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Number of Notices Mailed — 58 within 200' notification area; 2 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) 2. Master Site Plan 3. Plat K:\DevelopmentSvcs\S HARE D\ZONING CASES\2013\0613-01 Yorktown Oso Joint Venture\0613-01 Report for PC,Yorktown Oso Joint Venture.docx 0 " N Q M M f N M V M OA' h " V N " try S L °1 M ® " 25 47 52 RS- 6 55 56 h Qv SY y CT ` 42 R � " PROPERTY Q`' 26 27 5�8$ r� 37 23 7" " .., _ _ (� e 0 57 2. 50 38 Q' 5 X43 a 10/' 4 OI' 46 1 �`r 17 Q� " A. LAURELASDR R 5 R_S=�4 ; 5 19.Q� v 22 �Ov M 16 py 35 " 15 11 M 14 " g 49 M 45 �$ 48 30 M 3 24 3 M Q� F R 2 0 39 " M 21 39 32 M A. f 36 Srq 40 41 ry 34 w ry 44 MA 33 53 <C M 31 1 �FQ 20 2 RS-4 . 5 " O� R <v ry FR RS - t w , Date Created:61612013 0 400 800 Prepared By:jeremym Feet Departmentof Development Services CASE: 0613-01 2. SITE - EXISTING ZONING, R'OGF NOTICE AREA & OWNERSHIP RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial j o0� cayo Del oso RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay $UBJECT ON Professional Office RS-10 Single-Family 10 PRQPERTY �? RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-15 Single-Family-F 15 � � oR�TO�'l=e eFgN.. CR-1 Resort Commercial CR-2 Resort Commercial RE Residential Estate �R CG-1 General Commercial RS-TH Townhouse Q�'cvFN CG-2 General Commercial SP Special Permit CI Intensive Commercial RV Recreational Vehicle Park - CBD Downtown Commercial RMH Manufactured Home _ oso CR-3 Resort Commercial FR Farm Rural H Historic Overlay N 7 i4w k BP Business Park N' E aSubject Property O Owners City Of with 200'buffer in favor Corpus 4 Owners within 200'listed on Owners L P LAT�ON MAP �, Christi attached ownership table in opposition Y '2 p V ON Go N Dj Q3Q a �� Z¢w¢S¢00 m ova Anoj cpad n W OSK „asaniP 0 o o VI 2w K coca Dle{aD a Vl ��wK �ONZ wCa tw/12 ZNN NNN -----.3'n.011--------- ——————— V E H w rz0—O?O—>—ad aaa a >�- °0.°°d Z z�Z��-o-o=oJNOO Oao — — —a.A.oz Zw egg, -5waw waawaa aaa ��= ga s W ® 0f m,W^m CD _ s Z W M Y N N V d a e 0 w O O o U y 3 rn� YIP 9Dx9 •A}uno0 BiainN cWwaN W «3 } d O19-609'a d'k9 WA y�7un uolclypgns o9a oyauoy yy g8 \ N n Dro„a1n09�o„owls n� WN� I � � as c z 2��F NE°° N I ,i . 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'A;uno•�C ,.;o cp,oaaa C ro \ dory'BZB—LZ9• d L9 IDA � 9 7lun uolaulpgns D;9A 04-8 IN 4 vole'Ol wi ^0^3 � e° EXHIBIT C - Master Site Plan M O Npp E c « a u ^II n t}x} IQ Q4 �m $^d =� c E Y1 i3 p°°a plea p a d Z - la • Ia: j �Zx � A. a . w mW Ioz m q:� Ic7 1 1 1 1 Z J O NI °c Iva �W ^«a I I I .• I�v I 9 pioialnog u +owi� I I '^ I I ° I .• I I I I I 9 E I I i t I I I va � v \£ E u 2 0 S. a la v - o Iw c c I O I - I> - j� Er I`, - .• �u- « Isa (nU r(n r Itto (nU rr r ISin zLZ o �o o ; x w �O°w _ - c 'n C U - y Z _ ao. oUC a VI m - o� nN Q a O-€-O ° - o v /V\ _ _` & «m o r� N 3 y o=a UUf _ E V `��.11 JwL p 2—v aN= ° amp EmoFV vj o� �m E� v£ti U X ° `.O.O W N PO''�y° - `Y °O y0 'm`L I ruin 'TC¢` o o.E° _ '�1 o° °E- O� u o_c°° - 3EY j3u u 10 v° c- _ °Ea - - cEo 0 o - R ° o - 0 '0 1 _ -- _ - Ni - - w _ °o I E I I x I I� E E'^ I I IQ Ir Ir I° Ic - j I` _ IC °u E Iv I'a iv Iv Iv li I° li IQ Ic to IN -Z to Im to r Ic oi. �. _ r Iq _ r j' ° ' I� a° la a° Ir a° la a° I� a° to al I' Ic 'OC Ip - Ic 64, Id Ic 0n° °°- to E> 1- ._ la £a 1= vo%. la Ep 1= I- I° la c lu a la VOA I_ o la c 18 U '0 am oaa r m mw ,n. r0 r Iz �nU a�� r m m �nU ro r Iz ,nU .1. r m mU ,nU ra r Iz EXHIBIT D a M O O m N W_ NOMNX �— — — — — — — — �— N Q4 DAUO Allod SPGJA ., cc o i 3 6W�W� 1 ---- ----- ---- --.3'nAL ----- ----------------- ---- _ m,Ld^ w coxDj'AU-3 sDDDn!7 to ep3oDDa W «3 SeE .1 duq'OlS-BOS's d L9 WA 1 W Mull o!DWP9nS WIA D4auo8 7-A \ I 1 ° N I � v n� wND I I O �Fo NE°o C•—d L J L O ^y ,00'sfi ,00nz ,Oa'a9 ,crone ,00'09 ,zrnz 6� C °°O M) °�o�l �m ol� a vmEv m .00 O 9 g 3.fio.ze.szN w ,. 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'Fd'se H r 7so3 o`O og 'A a d Fz _ m yy �{ PNN°nNNnNnNNnNN r 9 n w 9di-o •IIoO" NOpWa NORM 0 1 II II -0-.L'Alun-0 DDaanN P DP3Daey n n c W d dwu•uoie!u n Dod L c•o u S 7!n P9 S 78!A 4 N do=rms ry a ICI F JI\ 4>IwIB'Ol lnl y. s� NCI�M C,NYPO ENi P°y^Y Ol O N g ? EXHIBIT D Ordinance amending the Unified Development Code ("UDC") upon application by Yorktown Oso Joint Venture ("Owner"), by changing the UDC Zoning Map in reference to a 5.74-acre tract of land out of Lots 19, 20, 29, and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay; 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 Yorktown Oso Joint Venture, 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, June 19, 2013, during a meeting of the Planning Commission, and on Tuesday, July 23, 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 by Yorktown Oso Joint Venture ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City") is amended by changing the zoning on a 5.74-acre tract of land out of Lots 19, 207 29, and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), located along the east side of Rancho Vista Boulevard East, between Stampede Drive and Vaquero Drive, from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, subject to six conditions (Zoning Map Nos. 042029 & 042030), as shown in Exhibits "A," "B," "C," and "D." Exhibit A, which is a metes and bounds description of the Property, Exhibit B, which is a map to accompany the metes and bounds description, Exhibit C, which is the master site plan ("Master Site Plan") pertaining to the Property, and Exhibit D, which is the plat of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following six conditions: 1. Development Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit C. The development of the Property is to consist of 23 single-family lots and one private park lot. The development shall be constructed in one phase. 2. Residential Lot Development Standards: The Property must be developed in accordance with the setbacks, lot sizes, and lot widths established on the Master Site Plan and associated plat as shown in Exhibits C and D, respectively. Each lot must maintain a minimum 30% open space. Development standards not shown on the Master Site Plan or associated plat or not addressed in the conditions of this ordinance must be in accordance with the "RS-4.5" Single- Family 4.5 District. 3. Parking: The Property shall provide 20 on-street parking spaces in designated bump-out areas shown on the Master Site Plan in Exhibit C. Additionally, each lot shall have a two-car garage. Lots 47, 52, 55, and 61 may have the garages setback at a minimum five feet from the private street. 4. Private Street Access: Each lot shall have access to a private street with a width of not less than 24 feet, as measured from back of curb to back of curb. The private street shall be striped to indicate "Fire Lane/ No Parking." The entrance to the Property may have a controlled access gate. The controlled access gate shall be located to provide a minimum of four vehicle stacking spaces. 5. Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the internal private street and shall be located in a dedicated five-foot wide pedestrian easement. 6. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. SECTION 3. The official UDC Zoning Map of the City is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time and 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 5.74-acre tract of land out of Lots 19, 20, 29, and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts) 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. 0613-01 Ordinance Yorktown Oso Joint Venture 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 0613-01 Ordinance Yorktown Oso Joint Venture Page 3 of 3 i Job No,39319.B2A4 UR April 12,2013 BAN Rev.May 15,2013 ENGINEERING Rev.June 5,2013 STATE OF TEXAS COUNTY OF NUECES Field Notes for a 5.74 acre tract of land,more or less(not based on an on-the-ground survey)out of Lots 19,20,29 and 30,Section 25,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,said 5.74 acre tract being more fully described as follows: Commencing at the west corner of Lot 15,Block 3 (Private Lake),Rancho Vista Subdivision Unit 1,a map of which is recorded in Volume 64,Pages 225 through 226,Map Records of Nueces County,Texas; Thence, South 61°17'51°East,along the southwest boundary of said Lot 15,Block 3,a distance of 129.52 feet,to the Point of Beginning,for a corner of this tract; Thence,continuing along said southwest boundary of Lot 15,Block 3 as follows: South 619751"East, 185.68 feet; South 69°38'28"East, 120.60 feet; South 61°17'51"East,a distance of 135.00 feet to the north corner of Lot 15A,Block 3 Private Lake),Rancho Vista Subdivision Unit 4A,a leap of which is recorded in Volume 67,Pages 510 through 511,Map Records of Nueces County,Texas for a corner of this tract; Thence,South 16°17'51"East,with the northwest boundary of said Lot 15A,Block 3,a distance of 70.71 feet for a comer of said Lot 15A,Block 3 and of this tract; Thence, South 28°42'09°West,continuing with the northwest boundary of said Lot 15A,Block 3,a distance of 379.12 feet to a corner of Lot 29,Block 3,said Rancho Vista Subdivision Unit 4A and for a corner of this tract; Thence, South 73 042'09"West,with the northwest boundary of said Lot 29,Block 3,a distance of 64.89 feet for a common corner of Lots 29 and 30,said Block 3 and for a corner of this tract; Thence,North 61°17'51"West,with the northeast boundary of Lots 30 through 37,said Block 3,a distance of 449.12 feet,for a corner of this tract; Thence,North 28°42'09"East,a distance of 60.00 feet for a corner of this tract; Thence,North 61'17'5 1"West,a distance of 128.64 feet for a corner of this tract and for the beginning of a non-tangent curve to the left whose radius point bears North 54°29'43"West,a distance of 403.12 feet and having a central angle of 03°35'36",a radius-of 403.12 feet,a tangent length of 12.65 feet and an are length of 25.28 feet; Thence along said non-tangent curve to the left,an are length of 25.28 feet for the point of tangency and for a corner of this tract; Thence,North 31°54'411 East,a distance of 160.07 feet for a corner of this tract; (361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTIJEXAS 78404 FAX(361)854-6001 www,urbaneng.com 11Urbanfs021 Data\Surveying\393191B2041Zoning\FieldnotesRezone..gtc E Firm#145 Page 1 oft EXHIBIT A 1 Thence, South 61°17'51"East,a distance of 122.48 feet for a corner of this tract; Thence,North 28°42'09"East,a distance of 212.50 feet to the Point of Beginning and containing 5.74 acres(250,083 square feet)of land,more or less. Bearings based on the recorded plat of Rancho Vista Subdivision Unit 4A,a map of which is recorded in Volume 67,Pages 509-510,Map Records ofNueces County,Texas. 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. URBAN ENGINEERING OF /././ NH..N....... ..N...N. KEITH w WOOLEY .N ./...1 b v, s 90 5463 - � .'.°��-L� Keith W.Wooley;`RIP.L. U�� License No. 5463 11UrbanfsO2\Data\Surveying1393191B204\ZoningTieldnotesRezone..doc Page 2 of 2 EXHIBIT A ................ m n C V)F) 0) 0 V O NNO 04 O 0 4-1 -Cli — :3 LO tc) Of . — L- 0 a 0 r) >e fr 0 r- >%-if)Cri 4- C, = 0 -.11 n 0 P-9 PIGLA Pp 02 CL C) DM;r- 'po LL. am -.4c 0 s S �j z6z� E M.La E j N a 'Ulm 0M w ce (n-,.I En in A 0 'a r- 0 O:p L- a 46 a'0 L- 0 I V) CP pjDA91noe 0AJDUJ!3 4) u 6 CL c fl) a' - x w 5 eAva Aiod eyeii O 0-C < 4) W V-0 E Lo 0) a z w 0 SDX@ 0 () _L -A4unoo saoanN JO 6PJIDOG(,� > 0 w di)Vq 'OL9-609 'sf)ci 'L9 -10A 0 E vt iiun UO!S!A!pqrS 04s!A OqOUD� C-4(L) LM 4 3-n.o i� (40) to U-'a L � 00) 0 �- 01 -0--6-0 ID -0 , ,A -0 zo 0'#"j a 0 SDXGJ 'AjunoZ) saz)@nN JO 5P-A00a�l C 0 r- (D 4- dc)H '�19-019 's6d 'Z-9 '10A �-J LLI 0 vt i!un(uo!S!A!pqnS Dls!A OqOul)d 00 a�D� @JDA!Jd) VgL 69-*9 1 cli ZL-61-C �,60.zv.qzs #016UM 00 max I 0 °N z 0 Ln D 0 0 D Q to b LD °--0- Lc) -0 G 'i %,n b C,-z X z 0 < 0 u z s, C4 L0 ��r(D - 0 000 0 00 J, 0 0 Q) II o u 64 Q)-C,4 U)C-4 E < n vi w �00 o'z$4 . 00 a- T 0,.G) z 04 E: z fD L0 rn fr N -j 00 W E L4J 0)U r 16 0�iz p loon f7 10 a- > Q) a,E U) 3.60.ZtgZN 0 00 6 Lto roan.g i tau Q) CL o U) to 3.L*.•qjeN P03 PJIDAsinog CAA 040UDU SDX@_L '44uno0 sgz)@nN 10 EPJODG�j doN '8Z9-LZ9 sbd V9 -10A g 4!un UO!S!A!pqnS 'Dls!A cPuDa 'ZI-20v M,,C 6Z.FgN X13019 'N 10-1 SjDeg juiod sn.PDN ipDN EXHIBIT B Y '2 p V ON Go N Dj Q3Q a �� Z¢w¢S¢00 m ova Anoj cpad n W OSK „asaniP 0 o o VI 2w K coca Dle{aD a Vl ��wK �ONZ wCa tw/12 ZNN NNN -----.3'n.011--------- ——————— V E H w rz0—O?O—>—ad aaa a >�- °0.°°d Z z�Z��-o-o=oJNOO Oao — — —a.A.oz Zw egg, -5waw waawaa aaa ��= ga s W ® 0f m,W^m CD _ s Z W M Y N N V d a e 0 w O O o U y 3 rn� YIP 9Dx9 •A}uno0 BiainN cWwaN W «3 } d O19-609'a d'k9 WA y�7un uolclypgns o9a oyauoy yy g8 \ N n Dro„a1n09�o„owls n� WN� I � � as c z 2��F NE°° N I ,i . 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'Fd'se H r 7so3 o`O og 'A a d Fz _ m yy �{ PNN°nNNnNnNNnNN r 9 n w 9di-o •IIoO" NOpWa NORM 0 1 II II -0-.L'Alun-0 DDaanN P DP3Daey n n c W d dwu•uoie!u n Dod L c•o u S 7!n P9 S 78!A 4 N do=rms ry a ICI F JI\ 4>IwIB'Ol lnl y. s� NCI�M C,NYPO ENi P°y^Y Ol O N g ? EXHIBIT D t S U� p AGENDA MEMORANDUM pia Public Hearing and First Reading for the City Council Meeting of July 23, 2013 1852 Second Reading for the City Council Meeting of July 30, 2013 DATE: June 20, 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 Low Density Residential for Southside Ventures, L.P. Property Address: 7401 & 7555 Holly Road CAPTION: Case No. 0613-02 Southside Ventures, L.P.: A change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as Lots 3, 4, and 5, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Holly Road, approximately 1,160 feet east of Rodd Field Road. PURPOSE: The purpose of this item is to rezone the subject property to allow development of a single-family subdivision. RECOMMENDATION: Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District to allow construction of a single-family subdivision. The properties located north, south, and east of the subject property are developed with single-family uses. The proposed rezoning is consistent with the land use and zoning patterns of 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. 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 a rah 3. .I 9 � •�� � �� "its � �� �� �a r" 5 $ e k 1 5 irk' a'. bo ZONING REPORT Case No.: 0613-02 HTE No. 13-10000019 Planning Commission Hearing Date: June 19, 2013 a Applicant/Representative: Southside Ventures, L.P. o Owner: Palm Land Investments, Inc. 6 m Bluff ,CL Legal Description/Location: Lots 3, 4, and 5, Section 27, Flour Blu E—J 5 and Encinal Farm and Garden Tracts, located along the south side of Q°a o Holly Road, approximately 1,160 feet east of Rodd Field Road. }, From: "FR" Farm Rural District Q To: "RS-4.5" Single-Family 4.5 .o Cr Area. 60.18 acres N Purpose of Request: To develop a single-family subdivision. Existing Zoning Existing Land Use Future Land Use District Site "FR" Farm Rural Vacant & Estate Low Density c Residential Residential Low Density Low Density c North "RS-6" Single-Family 6 Residential & Residential .E y o Vacant � N "RS-4.5" Single-Family CM r_ South 4 5 Drainage Corridor Drainage Corridor y J East "RS-4.5" Single-Family Low Density Low Density w 4.5 Residential Residential "RM-1" Multifamily 1, Medium Density West "RM-3" Multifamily 3 & Agricultural/Rural Residential "FR" Farm Rural Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for cCL 0 low density residential uses. The proposed change of zoning to the "RS-4.5" Single-Family 4.5 District is consistent with the adopted Future Land Use a 6 Plan. Q Map No.: 040033 Zoning Violations: None c 0 Transportation and Circulation: The subject property has 1,984 feet of c frontage along Holly Road, which is designated an "A3" Primary Arterial CL Divided street, and is approximately 1,160 feet east of Rodd Field Road, c� which is designated an "A3" Primary Arterial Divided street. L Zoning Report Case#0613-02 Southside Ventures, LP Page 2 Urban Proposed Existing Traffic Street Transportation Volume W � Section Section L d Plan Type (2007) Cn "A3" Primary 130' ROW 110' ROW Holly Rd. 1,266 ADT Arterial Divided 79' paved 20' paved Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District to allow construction of a single- family subdivision. Development Plan: A total of 250 to 260 lots are planned with minimum lot sizes of 4,500 square feet, 45-foot lot widths, and 20-foot front yard requirements. Based on the number of lots proposed, three external access points to the City's roadway network will be required. The subdivision will be constructed in multiple phases. Existing Land Uses & Zoning: North, south, and east of the subject property are single-family dwelling units zoned "RS-6" Single-Family 6 District and "RS-4.5" Single- Family 4.5 District. West of the subject property is vacant land zoned "RM-1" Multifamily 1 District, "RM-3" Multifamily 3 District, and "FR" Farm Rural District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed change of zoning to the "RS-4.5" Single-Family 4.5 District is consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. Plat Status: In order to construct a single-family subdivision the property would need to be replatted. A preliminary plat will be required because the subdivision is planned to be constructed in multiple phases. Department Comments: • The properties located north, south, and east of the subject property are developed with single-family uses. The proposed rezoning is consistent with the land use and zoning patterns of 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. • The property to be rezoned is suitable for uses permitted by the "RS-4.5" Single- Family 4.5 District that would be applied by the proposed amendment. Zoning Report Case#0613-02 Southside Ventures, LP Page 3 Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Number of Notices Mailed — 98 within 200' notification area; 4 outside notification area 0 As of June 20, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 1 (inside notification area); 0 (outside notification area) For 0.35% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\0613-02 Southside Ventures\0613-02 Report for CC,Southside Ventures.docx " M b '94 5 X253 ., �� C R1�- a 15 �� M M 80 6' SUBJECT Ro 1_O� PROPERTY b 46 40 19 C 28,4 M M O 660 60 " M _ m " O M h " *4 Q of ? � ^ 37 " Q b RS -^TF 95 82 1,2 48 85 24 .68 M 75b 3�81�3.4 96� t4 M 5 N Q- 23, � 46 M — Q - � 44;0d �~ � I 98.E C, 79 50M 36; " M pFO,S,op ly 4 . 5 CO M b m V ry 31 04, 2 " D�li e'`C,rea 812 1.3 0 400 M ,"� 800 M" "��Prepa p ey jeremy�m Feet+ De arum nt f�Develo men�Services� ^ " ^ CASE: 0613-02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP Cayo Oe� RM-1 Multifamily 1 IL Light Industrial °so! RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay w Professional Office 3 ON RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 y g CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 \ Q CN-2 Neighborhood Commercial RS-TF Two-Family tiP CR-1 Resort Commercial RS-15 Single-Family 15 SUBJECT CR-2 Resort Commercial RE Residential Estate r I Wa CG-1 General Commercial PROPERTY RS-TH Townhouse ry CG-2 General Commercial SP Special Permit �O<•O Cl Intensive Commercial 'QUO Q' CBD Downtown Commercial RV Recreational Vehicle Park O� cF\ SRO RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural N H Historic Overlay BP Business Park o0� Cayo Del Oso = = ❑® Subject Property Owners City of with 200'buffer O in favor S ��� c�F�O COIpUS FOR 4 Owners within 200'listed on v Owners LOCATION MAP C1hriSt1 attached ownership table /�in opposition Ordinance amending the Unified Development Code ("UDC") upon application by Southside Ventures, L.P., acting as agent on behalf of Palm Land Investments, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lots 3, 4, and 5, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 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 Southside Ventures, L.P., acting as agent on behalf of Palm Land Investments, Inc. ("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, June 19, 2013, during a meeting of the Planning Commission, and on Tuesday, July 23, 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 Southside Ventures, L.P., acting as agent on behalf of Palm Land Investments, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 3, 4, and 5, Section 27, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), located along the south side of Holly Road, approximately 1,160 feet east of Rodd Field Road, from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District (Zoning Map No. 040033), 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 3, 4, and 5, Section 27, 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 0613-02 Ordinance, Southside Ventures Page 2 of 2 " M b '94 5 X253 ., �� C R1�- a 15 �� M M 80 6' SUBJECT Ro 1_O� PROPERTY b 46 40 19 C 28,4 M M O 660 60 " M _ m " O M h " *4 Q of ? � ^ 37 " Q b RS -^TF 95 82 1,2 48 85 24 .68 M 75b 3�81�3.4 96� t4 5 N Q- 23, � 4 N 2 M — Q - � 44;0d �~ � I 98.E C, 79 50M 36; " M pFO,S,op ly 4 . 5 CO M b m V ry Rep 31 ry 4, 2 " D�li e'`C,rea 812 1.3 0 400 M ,"� 800 M" "��Prepa p ey jeremy�m Feet+ De arum nt f�Develo men�Services� ^ " ^ CASE: 0613-02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP Cayo Oe� RM-1 Multifamily 1 IL Light Industrial °so! RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay w Professional Office 3 ON RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 y g CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 \ Q CN-2 Neighborhood Commercial RS-TF Two-Family tiP CR-1 Resort Commercial RS-15 Single-Family 15 SUBJECT CR-2 Resort Commercial RE Residential Estate r I Wa CG-1 General Commercial PROPERTY RS-TH Townhouse ry CG-2 General Commercial SP Special Permit �O<•O Cl Intensive Commercial 'QUO Q' CBD Downtown Commercial RV Recreational Vehicle Park O� cF\ SRO RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural N H Historic Overlay BP Business Park o0� Cayo Del Oso = = ❑® Subject Property Owners City of with 200'buffer O in favor S ��� c�F�O COIpUS FOR 4 Owners within 200'listed on v Owners LOCATION MAP C1hriSt1 attached ownership table /�in opposition EXHIBIT A aSC o° AGENDA MEMORANDUM NaRaoRp,� Action Item for the City Council Meeting of July 23, 2013 DATE: July 18, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie Gray, P. E., Director of Streets and Storm Water Services ValerieG @cctexas.com (361) 826-3729 Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 Engineering Design Amendment No. 1 Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program-Pilot Program CAPTION: 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 $194,847.00, for a re-stated fee not to exceed $240,597.00 for Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program-Pilot Program. PURPOSE: The purpose of this Agenda Item is to authorize services required to develop bidding and construction documents for the pilot program of the Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program. This item has been revised at the request of the City Council. BACKGROUND AND FINDINGS: This contract amendment includes the preparation and development of the necessary Indefinite Delivery/Indefinite Quantity (IDIQ) construction documents for the Citywide Street Overlay and Sealcoat pilot program to include preparing bidding documents and delivery orders to support year one (pilot program) of the program. The IDIQ construction project will support the City's efforts to increase the street maintenance program and shall be developed in conjunction with the work plan identified for year one of street maintenance. The IDIQ bid package developed under this contract amendment will include construction plans and details for the first project delivery order, and shall include generic unit price proposal, technical specifications, and traffic control measures that can be used for subsequent project delivery orders identified during project construction. The construction documents shall be prepared as a one-year base contract along with three (3) additional annual renewal options. Development of project delivery orders to support construction beyond the year one (pilot program) of the IDIQ construction contract will be provided by others through separate contract. ALTERNATIVES: 1. Execute Amendment No. 1 with RH Shackelford, Inc. as proposed. 2. Do not execute Amendment No. with RH Shackelford, Inc. as proposed. (not recommended) OTHER CONSIDERATIONS: Construction observation is not included in this contract amendment. Future consultant fees under this contract associated with preparation and issuance construction phase delivery orders will be brought to City council for consideration concurrent with the staff recommendation for council consideration for award of the IDIQ construction contract. Construction documents will be developed for project bidding in November 2014 with construction to follow in January 2014, pending implementation of the Street User Fee and subject to availability of funds. CONFORMITY TO CITY POLICY: This contract amendment complies to City policy regarding Professional Service Contracts and financial polices as part of the FY2013 Operating Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS Line Item Budget $0.00 $240,597.00 $51,900,000.00 $52,140,597.00 Encumbered/Expended $0.00 $45,750.00 $45,750.00 Amount This item $194,847.00 $0.00 $194,847.00 Future Anticipated Expenditures This Project $0.00 $51,545,000.00 $51,545,000.00 BALANCE $0.00 $0.00 $355,000.00 $355,000.00 Fund(s): Streets Fund Comments: Project construction is pending availability of funds through implementation of the Street User Fee. Program administration does not extend beyond year one of the Street User Fee Implementation. This consultant contract and proposed amendment is funded through salary savings realized in the FY2012- 2013 Street Operating Fund. Consultant basic services represent approximately 3.0% of the total anticipated construction budget for the pilot program. Construction Observation and development of construction delivery orders will require additional effort, and will be addressed in a future contract amendment. RECOMMENDATION: City Staff recommends the approval of the Amendment No. 1 with RH Shackelford, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PowerPoint Contract O O O O O O O O O O O O Q 0. . 0. 0. O 09 0 0 0 0 0 O M 0 0 0 O O O 0 0 0 0 0 O Z p O O O O O O O O O O O O N N O O O O O O O O O O O O w } M O p O V O O O O O r 0 LO O W L � V N (0 N 2 N () .Q N M V M V Q 0 L a O 00 O 00 0 0 0 0 0 0 N M O 0. 0. 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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant modification award in the amount of $71,837 from the Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles. SECTION 2. That $71,837 is appropriated in the No 1061 Police Grants Fund from the Office of the President, Office of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the HIDTA for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles. 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 Cyr 0 � AGENDA MEMORANDUM oPOa EO First Reading Ordinance for the City Council Meeting of July 23, 2013 1852 Second Reading Ordinance for the City Council Meeting of July 30, 2013 DATE: July 3, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floods cctexas.co 886-2605 Appropriating funds from sale of Police handguns to Police Officers CAPTION: Ordinance appropriating $87,526 in the General Fund No 1020 from the sale of Police handguns; and Amending the FY 2012-2013 Operating Budget adopted by Ordinance No. 029577 to increase revenue and expenditures in the General Fund No 1020 by $87,526. PURPOSE: Appropriate the funds for the purchase of new handguns for Police Officers. BACKGROUND AND FINDINGS: The Police Department will purchase handguns from Smith and Wesson for the exchange of the current model Glock. Officers were given the opportunity to purchase their currently issued Glock, and these funds were the result of those purchases. The Police Department will use the funds to purchase the new Model Smith and Wesson. ALTERNATIVES: OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Budget FINANCIAL IMPACT: X Operating X 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 87,5261 1 87,526 BALANCE 87,5261 1 87,526 Fund(s): General Comments:. RECOMMENDATION: Staff recommends appropriation of the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Appropriating $87,526 in the General Fund No 1020 from the sale of Police handguns; and Amending the FY 2012-2013 Operating Budget adopted by Ordinance No. 029577 to increase revenue and expenditures in the General Fund No 1020 by $87,526 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $87,526 from the sale of Police handguns is appropriated in the General Fund No 1020. SECTION 2. That the FY 2012-2013 operating budget adopted by Ordinance 029577 is amended by increasing revenue and expenditures in the General Fund No 1020 by $87,526. 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 44Ug 0 AGENDA MEMORANDUM No P fl First Reading Ordinance for the City Council Meeting of July 9, 2013 xs Second Reading Ordinance for the City Council Meeting of July 23, 2013 DATE: May 20, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha(a)-cctexas.corn (361) 826-3932 Appropriating $3,380,824 from the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program into the No 1062 Fire Grants Fund. CAPTION: Ordinance appropriating $3,380,824 from the United States Department of Homeland Security— Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program, into the No 1062 Fire Grants Fund to hire and maintain 34 additional firefighters within the Fire Department. PURPOSE: The SAFER grant will provide 100% funding for the entry-level salaries and fringe benefits for 34 full time firefighters for a period of 24 months. The 34 firefighters were hired on January 14, 2013 funded by the SAFER grant. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council approval of Ordinance to a appropriate funds. EMERGENCY INON-EMERGENCY: Staff is requesting a non-emergency reading of this routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital Q 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 $697,691.00 $2,683133.00 $3,380,824,00 BALANCE $3,380,824.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Panel Review Page 2 of 7 U S. Department of Homeland Security Washington, D C. 20472 FEM A !i Mr. Robert Rocha Corpus Christi Fire Department = 2406 Leopard, Suite 300 Corpus Christi, Texas 78408-3719 Re: Grant No,EMW-2012-FH-00079 Dear Mr. Rocha: On behalf of the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS), i am pleased to inform you that your grant application submitted under the FY 2012 Staffing for Adequate Fire and Emergency Response(SAFER) grants has been approved. FEMA's Grant Programs Directorate -- (GPD), in consultation with the U.S. Fire Administration(USFA), carries out the Federal responsibilities of - administering your grant. The approved project costs total to$3,380,824.00.The Federal share is$3,380,824.00 of the approved amount and your share of the costs is$0.00. As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the articles as they outline the terms and conditions of your grant award. Maintain a copy of these documents for your official file. You establish acceptance of the grant and Grant Agreement Articles when you formally receive the award through the AFG online system. By accepting the grant, you agree not to deviate from the approved scope of work without prior written approval, via an amendment request, from FEMA. Once your period of performance has begun, and if your SF 1199A has been reviewed and approved, you will be able to request payments online. Remember, you should request funds when you have an immediate cash need. If you have any questions or concerns regarding the process to request your grant funds, please call 1-866-274- . 0960. Sincerely, b� i Timothy W. Manning Deputy Administrator for National Preparedness and Protection https:Heservices.fema.gov/FernaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_aw... 12/24/2012 Ordinance Appropriating $3,380,824 from the United States Department of Homeland Security— Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program, into the No 1062 Fire Grants Fund to hire and maintain 34 additional firefighters within the Fire Department BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $3,380,824 is appropriated from United States Department of Homeland Security — Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program into the No 1062 Fire Grants Fund to hire and maintain 34 additional firefighters within the Fire Department. 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 Ga O� H AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 NoP© pE° Action Item for the City Council Meeting of July 30, 2013 1852 DATE: July 3, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com; 826-3729 Lawrence Mikolojczyk, Director of Solid Waste Operations LawM @cctexas.com; 826-1972 Engineering Design Amendment No. 1 Cefe Valenzuela Outfall Modifications and On-Call Consulting Services CAPTION: Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E11050 Cefe Valenzuela Outfall Modifications; transferring funds from Fund No. 3365 Reserve Appropriation in the amount of $100,000 to Project No. E11050 Cefe Valenzuela Outfall Modifications and authorizing the City Manager or designee to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $69,800, for a total restated fee not to exceed $116,200 for the Project No. E11050 Cefe Valenzuela Outfall Modifications and On-Call Consulting Services. PURPOSE: The purpose of this Agenda Item is to authorize the proposed Engineer to provide design and construction documents for the Cefe Valenzuela Landfill/Petronilla Creek Outfall Project. BACKGROUND AND FINDINGS: The Solid Waste Department has requested an investigation and recommendation for repairs of components of the outfall channel that has been damaged and/or eroded in stormwater runoff event as a result of Hurricane Karl. The components include: 1) Subgrade beneath the slope paving north of the concrete outfall structure at Petronilla Creek, 2) West bank of outfall channel, north of FM 70, where two pipelines have been undermined by erosion, 3) West bank of outfall channel between FM 70 and the pipeline location. ALTERNATIVES: 1. Execute Amendment No. 1 with HDR Engineering, Inc. as proposed. 2. Do not execute Amendment No. 1 with HDR Engineering, Inc. as proposed.(not recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding the FY 2012-2013 Capital Improvement Budget EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $46,400.00 $100,000.00 $557,300.00 $703,700.00 Encumbered / Expended $46,400.00 $46,400.00 Amount This item $69,800.00 $0.00 $69,800.00 Future Anticipated $30,200.00 $557,300.00 $587,500.00 expenditures for this project BALANCE $0.00 $.00 $0.00 $0.00 Fund(s): Comments: RECOMMENDATION: City staff recommends the Amendment No. 1 with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of$69,800. LIST OF SUPPORTING DOCUMENTS: Project Budget Ordinance Location Map PROJECT BUDGET ESTIMATE Cefe Valenzuela Outfall Modifications & On-Call Consulting Services Project No. E11050 PROJECT FUNDS AVAILABLE: Public Health &Safety CIP............................................................................... $ 46,400.00 Public Health &Safety CIP Reserves....................................................................... 100,000.00 Future Public Health & Safety CIP Budget Request................................................. 557,300.00 TOTAL............................................................................................................... 703,700.00 FUNDS REQUIRED: Construction (preliminary estimate).......................................................................... $500,000.00 Contingency ....................................................................................................... 50,000.00 Design Fees: Engineer - HDR Engineering, Inc (Original Contract)................................................... 46,400.00 Engineer - HDR Engineering, Inc (Amendment No. 1)................................................. 69,800.00 Materials Testing (Included in Amendment No. 1) - Reimbursements: Contract Administration (Contract Preparation/Award/Admin)........................................ 12,500.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)............................... 17,500.00 Finance.............................................................................................................. 6,250.00 Misc. (Printing, Advertising, etc.)............................................................................. 1,250.00 TOTAL............................................................................................................... $703,700.00 ESTIMATED PROJECT BUDGET BALANCE........................................................... $ - AMENDMENT NO. 1 TO CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 784699277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and HDR ENGINEERING, INC., a Texas corporation, 555 N. Carancahua Suite 1600, Corpus Christi, Nueces County, Texas 78410, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Cefe Valenzuela Outfall Modifications & On-Call Consulting Services (Project No El 1050) —This Amendment is at the request the Solid Waste Department for a investigation and recommendation for repairs of components of the outfall channel that has been damaged and/or eroded in stormwater runoff event as a result of Hurricane Karl. The components include: 1)Subgrade beneath the slope paving north of the concrete outfall structure at Petronilla Creek, 2) West bank of outfall channel, north of FM 70, where two pipelines have been undermined by erosion, 3) West bank of outfall channel between FM 70 and the pipeline location. Amendment No. 1 will provide design, bid and construction administration services for the investigation and repair of the damaged channel components. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition,A/E will provide monthly status updates(project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects")which are shown and are in accordance with"Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated Contract for Engineering(AlE)Services Page 9 of 3 K AENGINEERING DATAEXCHANGESANGIEMISOLID WASTME11650 CEFE VALENZUELA OUTFALL MODIFICATIONS AND ON CALL CONSULTING SERVICES%AMENDMENT NO W CONTRACT PROFESSIONAL SERVIGES.DOC 4 „ t t, schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit"A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the AIE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE AIE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE In the original contract, Exhibit "A" FEES shall be modified for a total fee not to exceed $69,800.00 (Sixty Nine Thousand Eight Hundred Dollars and Zero Cents), for a restated fee not to exceed $116,200.00, (One Hundred Sixteen Thousand Two Hundred Dollars and Zero Cents) as shown in the attached Amendment No. 1, Exhibit "A". Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the AIE at the address of record. In this event, the AIE will be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The AIE agrees that at least 75%of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the AIE staff. If the AIE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the AIE without written consent of the City. Contract for Engineering(AIE)Services Page 2 of 3 K:IENGINEERING DATAEXCHANGELANGIEMISOLID WASTEI£11050 CEFE VALENZUELA OUTFALL MODIFICATIONS AND ON CALL CONSULTING SERVICESIAMENDMENT NO 111 CONTRACT PROFESSIONAL SERVICES-DOG { J , The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. f.� Oscar R. Martinez, Date Carl E. Crull, P. E. Date Assistant City Manager Vice President 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78410 RECOMMENDED (361) 696-3300 Office Daniel Biles, P. E., Date Director of Engineering Services ENTERED Lawrence Mikolajezyk Date SUN 2 7 2013 Director of Solid Waste Operations CONTRACT MANAGERS APPROVED AS TO FORM Project No. E1.1050 Fund Name: Sanitary Landfill CIP Fund Fund Source No. 550950-3365-00000-E11050 Office of Management Date Encumbrance No. and Budget ATTEST Armando Chapa, City Secretary Contract for Engineering(A/E)Services Page 3 of 3 UENGINEERING DATAEXCHANGEIANGIEMSSOLID WASTBE11050 CEFE VALENZUELA OUTFALL MODIFICATIONS AND ON CALL CONSULTING SERVICES\AMENDMENT NO 1 41 CONTRACT PROFESSIONAL SERVICES.DOC !, r, A. i ONE COMPANY Many Solutionv, May 10,2013 P79532 Mr. Daniel Biles;P.C. ,Director of Engiireering, Department of Engineerhig Services City of Corpus Christi P,O.Box 9277 Corpus Christi,Texas 78469-9277 RE: PROPOSAL- CEFE LANDFILL/PETRONILLA CREEK OUTFALL CHANNEL REPAIRS- Design-Bid-Build Dellveiy Melhoclolcigy Dear Mf. Biles: Thank you for the opportunity to provide this proposed scope of work and fee structure for Professional engineering services for the design of repairs to the Cefe Landfill 1 Petronilla Creek OutfalI Channel. BACKGROUND This channel repair project is in response to a request by the City of Corpus Christi's Solid Waste Department to investigate and recoirimeild repairs to components of the outfall channel that have been damaged and/or eroded in a stormwater runoff event that occurred in September 201 3 due to rainfall from hurricane Karl. Those components include: 1. The subgrade beneath the slope having on the north side of the concrete ouifall structure at Petronilla Creek— HIM Engincerins'AIIe. 555 N.Carancahua Phona;{361)69&3300 i'mis Registered I nghlecring Tian[;-754 � sulto 1600 I Pax:I361)696.3385 corputchr[$0,TX78a10.0850 wrwr.hdrinc.<om AMD.NO. 4 EXHIBIT"A" Page 1 of 4 x r. i Mr..D.Tniel Biles,P.C. P79532 May 10,2013 Page 2 of 4; . 2. The wes(bank of the outfall channel, north of FM 70, where two pipelines have been undermined by.erosion- T'. r � r 1 I. The west bank of the outfall' channel between FM 70 and the afoaementioned undermined pipeline location. NMWMz EEXHIBIT 0. 1 "A" of4 Y f. Mr.DanielBiles,P.E. P79532 ' May 10,2013 Page 3 of 4 I'RQPOSED PROJECT APPROACH HDR will provide design, bid and constl•tict'toih•adilllilistration services for the investigation a repair of the damaged,channel components listed above. A detailed scope of work is included in Exhibit"A" . PROJECT SCHEDULE We propose to have"the 60% plans, specitcatians, opinion of cost and contract documents .road.Y for City review within 2 months of authorization to proceed with the work and-tile 100% docullients ready'within 1 months after•,receiving the City's 60% comments-, No other reviews are anticipated. PROJECT FEES BASIC SERVICES: The City will pay the All; a lump sum fee for providing all "Basic 'Services"authorized as per the Vable below. Payment will be in accordance with tlhe provisions of the executed-Contract for Professional Services Agreemen't between the City of Corpus Christi and HDR Engineering, Inc. ADDITIONAL SERVICES: For services authorized'by the Diiectgr of Engineering Services under"Additional Services", the City will pay the AIE a fee as per the table below. SCOPE OF WORK: A detailed scope of work can be.found in Exhibit"A". , SUMMARY OF-FEES: A summary of fees is as follows in the table below: Summary of Fees f Service Proposed Fee BOic Services: Investigation & Design Phase $ 39,400:00* Bid Please $ 7,800.00 Construction Please S 14,100.00 Subtotal $ 61,300.00 Additional Services, Testing 8.500.00. TOTAL *•Inclmles Project management,expenses and reimbitrsables.• If you have any questions,please feel free to.contact Steve Synovitz, P.E. at 361-696-3334.' AMD. NO. 1 EXHIBIT"A" Page 3 of 4 Y • r ,r Mr,Daniel Biles,P.E. P79532 May 10,2013 Page 4.of 4 Sincerely, HDR ENGINEERING, INC. „ Carl E. Crnll,P.E. Vice Pfesident SRSlsrs cc:.Grace Gonzalez, P.E.,MBA—M,jor Prc jcct Engineer Engiiieering,Services, City ofCorpos Christi Attkhmen't: Exhibit"A - Scope of Services r i AMD. NO. 1 EXHIBIT"A" Page 4 of 4 r „ , Cefe Landfill/Petronilla Creek Outfall Channel Repairs P79532 Exhibit"A"'•-Scope of Work Design-Bid�Bt ld Delivery Methodology May 10,2013 The proposed scope of work includes services f'or developing one set of construction doGunlents, one laid Blase,and a construction please with a single construction contract. BASIGSERVICES INVESTIGATION-&DESIGN PHASE Investigation 8t.Design Phase Services will include the following: INVESTIGATION I Kickoff Meeting. A.representative project engineer of the Architect/ Engineer (A/6) will attend.a kickoff ioceting to review the scope-of-work and confer with City Staff regarding the design parameters of the.Project. 2. Situ Visits: The All: will make.visits to the site; and.will identify results of site field investigation including findings, existing conditions, damage assessments; and will take photographs of the repair locations, ' 3. Data Gathering. The A/E will meet with City staff to gather data including project history and background; and will prepare a hydrologic and hydraulic analysis of ageage and-components that are contributing to the erosion issues from FM 70 to the undermined utility pipelines, Tile City will provide available records, archives, and pertinent data related to the Project and will assist with contacting impacted and coordinating with utilities at the repair locations, 4. f USACE Permit/ Environmental / Archeological Issues Research. •I'lie City will advise the A/E whether any USAGE permit preparation,environmental site evaluations and/or archeology reports are rdgttir a foe• the Project. (U'SACC Perniit Prep4rati6n, Environmental Site Evaluations and/or Archeological Services are not included in this scope-of=work and would be considered as an Additional Service to be negotiated separately). 5. Memo Report. The A/E will submit one (1) copy in "WORD" format and one (1) paper copy of a Memo Report that will include a summary of findings, a list of potential problems, possible conflicts, rce oltlllleiiCled l'epairs,clesign intent and a preliminary opinion of probable construction costs, -DESIGN 1. Plaits. Tile A/E will prepare..a single set of construction plans for the repairs to the outfall channel. The uepair plans will including(lie following sheets: 1), Cover Sheet,Pr jest Location Map,and Select Index 2) Project Construction Motes, Summary-of Quantities 3) Legend, Symbols,alld Abbreviations 4) "Overall Site Plan 5) Slope Paving Subgrade Repair Plan,Section and Details .6yi Lrosion Repair flans at Undermined Utility Pipelines,Sections and Details AMP. NO. 1 EXHIBIT"A-1" Page 7 of 4 P79532 Exhibit"A"—Scope of Work May 10,2013 7) Erosion Repair Plans along west bank of Channel froin FM 70 to the underminne(i pipeline location. 4) Stormwater Pollution Prevention Plan(SWPPI') 9) SWPPP Details 2. Specifications., The AIL will prepat•e specifications including: 1) Contract agreement forms, general conditions and supplemental conditions, invitation to bid, insui•ance�,and bond requirements 2) Notice to Bidders/'Contractors 3) Part A=Special Provisions 4). Phrt.S-Standard Specifications 5) Part T-Technical Specifications 6) Proposal Form 7) Opinion of Probable Coustructioln Cost The City staff will provide the City's standard specifications; standard detail shects, standard and special provisions,and forms for required contract docuihents. In addition,the City staff will provide' the budget for the Project specifying the funds available for tine eonsti1uction contract. 3. Meetings. The ME will participate in two formal meetings.with City staff to review the progress of the work. The City will provide the agenda and purpose for each formal meeting;and will document and distribute meeting;minutes after each meeting. 4. QA/QC-Reviews. The A/E will provide Quality Assurance/Quality Control (QA/QC).measures to supervise that the submittal of the final plans and specifications do not necessitate an excessive -.amount of revision and correction by City staff. BI11)PHASE For one bid phase the A/E will provide the following services: I.. Reproduction. Upon approval by the.Director of Enginecring Services, the A/E wilt provide one'set' (hatd; copy and electronic) of final plans and specifications / contract documents suitable for reproduction by the City. 2. .Bidder Questions. The A/E will review pre-bid .questions and submissions concerning the bid documonts. 3. Pre-Biel Conference, "fhe A/E will participate in one pre-bid conference. 4. Addenda. The A/E will prepare, in the City's format, for the Engineering Services' approval,•any addenda of other revisions necessary to infortm�contractors of approved changes jx'ior to, bidding. 5. Review Bids and Develol)Recommendation for Award. The All:,will assist(lie City in solicitation of bids by identification of prospective bidders, and review of bidsbysolicited interests.' tin addition, the A/E will attend the bid opening, analyze and evaluate bids, prepare a bid tabulation, atul snake a recommendation concerning the award of the contract. The A/E will assist the.City in preparing PowerPoint slides summarizing the bid evaluation restilts. AMD. NO: 1 Page 2 of EXHIBIT"A-1" Page 2 of 4 P79532 .Exhibit"A"--Scope of Work May 10,2013 The City-staff will: 1 Arrange and pay for printing,of all documents and addenda to be distributed to prospective bidders. 2. Advertise the Project for. bidding, maintain the list of prospective, bidders, receive and process deposits for bid doetnnents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduot bid opening. 3. Receive the.Engineer's recomincndatioll'collcerning bid evaluation and recommendation and prepare agenda-materials for the City C6uncil concerning bid awards. 4. Prepare,review and provide copies of the contract for execution between the City and the contractor. CONSTRUCTION PIASE Engineering Services During Construction The fee proposal for this task assumes 2013 rates and a 12-week construction period.. Should the City desire additional Engineering Services During.Construction beyond this time period, this scope of wprlcgiid associated fee can be amended at a later(late. The All;will perform Engineering Services During Construction as follows: I. Pre-Construction Conference. The All:,will participate in one Pre-construction conference. 2. Scour Limits Verification. Upon removal of a representative portion of the tlorth facing concrete slope pavement at the Petronilla Creek Outftil sh1icttlre by the Contractor, the A/E will investigate, measure and document tile limits of subgrade material scour observed; and will compare that observed to the estimated volllllle of scour as set forth in the plans. This will allow-for all adjustlllellt to ,quantities (if necessary) to better"define and quantify the contrac'tol•'s scope-of-work during COnSULICtioll. 3. Slop Drawing / Snbinittal Reviews. The A'/E will review for conformance with contract documents, shop drawings and other contract required submittals, 4. Clarifications / RFIs. 'file All: will provide interpretations and clarifications of•the contract documents in response for Contractor Requests for Information (RFJs) and authorize minor changes, which do,not affect the Contractor's price and are not coptrary to the general interesCof the City Llllder the contract. S.. Change Orders. The All:will prepare change orders for issuance by the City. G: . Montlily Meetings. The A/E will attend monthly construction_ progress meetings during the course of the construction work. 7. Review Pay Applications. The A/L will review monthly contractor pay applications and make recommendations to the City regarding the accuracy of said pay applications. 8. . Final Inspection. The A/L:will participate in the final inspection with City staff. 9. Prepare Record Drawings.. ]'lie All✓ will review Contractor-prepared co11sti-u4OtioEl '"I'c(l-line" drawings,prepare record•drawings of the 131•01ect as carlstructed (from tilt"red-line"drawings and the Contractor-provi(led plans reflecting constructed facilities) and deliver to the Engineering Services a reproducible set and electronic file(AutoCAD r,14 or later)ofthe record drawings. All drawings will AMD. NO. 1 Page 3 of 4 EXHIBIT"A-i Page 3 of 4 P79532 Exhibit"A"-Scope of Work May 14,2013 be CADD drawn using.Dw'g format in AntoCAD, and graphics data will be in dxl'1'armat With each layer being provided In a separate tile. Attfibute data will be provide([ in ASCII format in tabular form. Tile City staff will: L. Designate an individual to have responsibility, authority, and control for coordinating activities for the constriction contract awarded. 2. Prepare applicationslestimates for payments to Contractor. 3. Conduct the Final Inspection. +Construction Observation Construction Observation services are not iocluded in this scope-of-work. Should the City elect to include Construction'Observation services at a later.date,s41eh services would be considered as Additional Services to be negotiated separately. ADDITIONAL SERVICES MATERIALS TESTING. 1. Sub-Consultant—Materials Testing. If authorized by the City its an additional service, the A/E will enlist the services of a sub-consultant far' materials testing during the investigation phase of the project. AMD..N0. 1 Page 4 of`4 EXHIBIT°A-1" Pa6e4of4 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant 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 Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury& Property Damage non-renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises- Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim /$2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,000/500,000/500,000 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. EXHIBIT"B" Page 1 of 3 JAEngineering FormsILARGE AE EXHIBIT B.000X D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. 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). Consultant 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. Consultant 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 Fax: (361) 826-4555 G. Consultant agrees that with respect,to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: L 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 and professional liability polices; ii. 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; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv: 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. H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance EXHIBIT"B" Page 2 of 3 J!Engineenng FormslLARGE At EXHIBIT B.DOCX 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. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shalt indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 JAEngineering Forms1LARGE AE EXHIBIT B.DODX \° \o \ \° \o N o 0 0 0 0 0 0 0 0 0 0 0 0 C d ti O Lo 0 0 0 0 0 0 LO O co E ai o a! 00 °o 0 cc o O0 0 0 00 000 0 0 o > T 6N3 � C z ID C) (D o 0 o 61)- m m (a o ° ° o O .v o Ln LO 0 � 612) 69- i C a - 0 0 000 ° 0 O O O O ❑ ❑ a 0 O `o 0 .v o co co � E > T aE 1� 00 0 W 0 r 0 0 �- Ci � ❑ Q to r 1C� (O LU ++ r r w O 6po r OM 0 M O 00 CD U r 00 r r C O N m m V) r M Qi Un S? f O d7 a tr ~ ~ C 0 0) � � F G 4 N r � N M� t M � O V W r N O W O O N 0 0 0 0 CD Oq D 0 0 0 c 0 CD O 0 CL Z Z 0 z ~~ w U . t•- 0 � .o a > g � Q S ¢ F (L — r o 0 0 o 0 0 0 0 0 0 c) ❑ o 0 0 o 2 m m 0 z° ~ ~ ic E r+ I- 00 O (D O O O r O d ❑ ❑ in T Ln CO 0 T Y (D O 6c.� T 0) O m mCF) o W m 0 4fl Efl 64 �} 63 V N N � O N LL N (n V1 N u 11) CD U- N v 0 N N c N 'a 0 ci U d c ¢ U) O 0 c 0 m O m .0 N N °� V = = m -0 O m a ❑ mc� Ucn Qa- � � a Ocncn (1) in AMI]. NO. 1 EXHIBIT"C" Pa e 9 of 1 SUPPLIER NUMBER •r()Illi ASSIGNT;D t35''C'iT5`"- - PURCfiASIN(,DIVISION core DISCLOSURE OF INTEREST Cllr)us i INTEREST Christi City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking tq do business with the City to provide the i'ollowhlg information, f;veiy question must be answered,If the question is not applicable, answer with "NA". See reverse side Cor filing Requircnlc ills, Certifications and definitions. CONWANY NAME: 1.1D11 Engineering, Inc. 11.0.BOX: STREET'ADDRESS: 555 N, Carancalma,mite 1650 CITY: Corpus Christi Z111: 78478 FIRM Is: 1. Corporation X 2. Pal•Inership 3, Sole Owner ❑ 4. Association ❑ 5. Ctllcr DISCLOSURE QUESTIONS If a(lditional space is ncecssat?�, please use the reverse side of this page or attach separate sheet, 1. State the dames of each `employee" of` the City of Corpus Christi levier; an "ownertihip interest"constltllting 1% or more of (lle ownership itl the above Rained"firm.' Nance Job Title and City Department(if known) NIA 2. State the names of each "official" of the Glt '01 COrl)US ChriSll Ila1'illg M) `•ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title NIA 3. Slate the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3% or more ol'the ownership in the above narlle(l "firm." Nance Board, Commission or Committee NIA 4. State the names of cash employee or officer of a "consultant" for (lie Cily of Corpus Christi who worked on any matter related to the stit)jcct of this contract and has an -ownership interest"constituting 3% or more of the ownership in the above named "firm." Name Consultalit NIA FILING REQUIREMENTS If a Gerson who requests official action on a matter klloNvs that the requested action will confer Ills economic benefit on any City official or employee that is distinguishable from the effect that the action will have oil Members of the public in general or a substantial segment thereof, '011 Shall disclose that fact In it sighed writin to llle City Official, employee Or body that 1<ts 1)QQI1 requested to act in tilt; Matter, lmless the interest of the City official or en1lllov6 in the matte.l. is af�parent. The disclosure shall also be matte in it signed writing filed with tilt City Sceretllry. [I;tlucs Ordinance Section 2-349(d)] CERTIFICATION I certify that all infiormation provided is trite and correct as of file elate of this statement, t11411 have not knowingly withheld disclosure of any information r.equesla:cl; told that slipplelllell1al statements will be promptly submilted to[he City oi'Corpus Christi. 1 exas as changes occur, Certifying Person: Cm-1 E. Crull,P. E. Title: Vice President [type or PrInQ - Signature of Certifying Date: Person: --z DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by 1111 City Cotinoil of the City of Corpus Christi,'Texas. b. "Economic benefit". An action that is likely to affect i111 economic interest if it is likely to have all effect on that interest that is distinguishable From Its effect oil Illernber:s of the public in general or a substantial segment thereof. e. "Employee." Any person employed by the City of Corpus Christi, Texas either on a 6111 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 sere ice, including but not limited to, entities operated in the form of sole proprietorship, as sell'-cmployccl person, partnership, corporation,.joint stock compa ray,joint Venture, receivership or trust, and entities which 1101.purposes of taxation are treated as Holt-prolit 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 II&J, in a firm, including when such interest is held through un agent, trust, estate, or Raiding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." g. "Consultant."Ali), person or firlll, such its ellgilleer•s alul architects, hired by file Citl' (If' Corpus Christi for the purpose of professional constillat ion and recommendation. Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E11050 Cefe Valenzuela Outfall Modifications; transferring funds from Fund No. 3365 Reserve Appropriation in the amount of $100,000 to Project No. E11050 Cefe Valenzuela Outfall Modifications and authorizing the City Manger or designee to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $69,800, for a total restated fee not to exceed $116,200 for the Project No. E11050 Cefe Valenzuela Outfall Modifications. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended to add E11050 Cefe Valenzuela Outfall Modifications. SECTION 2. Budgeted funds in the amount of $100,000 are transferred from Fund No. 3365 Reserve Appropriation to the Cefe Valenzuela Outfall Modification Project. SECTION 3. The City Manager or designee is authorized to execute Amendment No. 1 to the Contract for Professional Services for the Cefe Valenzuela Outfall Modification project in the amount of $69,800 with HDR Engineering, Inc. ATTEST: THE 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 \Mproject\counci#exhibits\exhE1 1050.dwg //��%rim v �4 Sf��'U'` S r ;;r? z'3z, `;✓i ` fr'G srr,.:'. rI✓ ,,.P;,:;'^F•.l''. >" r,f..»;.,: .g..��,r fftG�: }�;::.,�,,:r�U /�/rs/ / s Z�,,f` r, r;»rr' Q✓,�yy �� ��2 � 7: t u r s{�rfb�,t''f�!'l/ .f s�•a / !, /„ °�l/ rr}lrr•� r , r7/ rG,ark ����� s''°'rf /f/r Hsu !3��£Y ��! r' N.. � 7srr 17, ✓�}���t h ll2s`nfu l}£}�fvr//rf3�-r="t4S5 R'G1r"`r'/r,'rG,' /��Cr Z ;�� '° »' t��`r ;/ 3 ' r"%v /rr .: ,r/kr,:", /I r'".:l;P's`"fjf tls5 yj✓'. 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VAL ENZUELA MUNICIPAL LANDFILL s � � (�<;j� tr m5 /�t rtlt 1 v � Y l�y�✓1Gf of �( _�frf s Jo'fal is /^ �l✓3 £. �,Ii1� zf��r :a 3a '� ?�r?'"lt f�����`}GY``�SI 3rfiri r'� '/`t T � .`'� � fzr�✓<� ?r`{S�� �»t r �a»,=;2,r rr',,z,?j�.�fl r•� �,�t'S r'� s2��f�3�3 a����rz :j2l tJ���f°� s{,,.,r,`�����5 7 rt,;.t:l�r s�! j)SaF� r���}t����„^'°���7�I�rZ��f? j} �, r✓�� ' f ✓'s6�t�y'rr'/ I/ �jar ?2�r�� f���� � ��, 2 R G f ✓.r 2y tr s � s.ss r r P21' /�`�� 2 SITE LOCATION PROJECT# E11050 CITY COUNCIL EXHIBIT CEFE VALENZUELA MODIFICATIONS & CITY OF CORPUS CHRISTI, TEXAS ON CALL CONSULTING SERVICES DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 = - s AGENDA MEMORANDUM Poe It First Reading for the City Council Meeting of July 23, 2013 18511 Second Reading for the City Council Meeting of July 30, 2013 DATE: July 8, 2013 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, Director, Planning and Environmental Services PeteAn @ctexas.com 361-826-3781 Texas Commission on Environmental Quality Grant for Air Quality Planning CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant in the amount of$442,300 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Fund for air quality planning purposes. PURPOSE: The City of Corpus Christi has served as the administrator for state funded air quality grants since the mid-1990's. The current TCEQ grant No. 582-11-11223 will expire August 31, 2013. The attached TCEQ agreement No. 582-14-40055 describes the contractual requirements and provisions associated with air quality planning activities as well as administration of the grant and provides funding for the FY14/15. BACKGROUND AND FINDINGS: Since the mid-1990's the City of Corpus Christi has received grant funds with no City match from the Texas Commission on Environmental Quality(TCEQ) to administer the grant and oversee activities associated with air quality planning, monitoring and modeling. The TCEQ has made an additional $442,300.00 available to the City. The City's Rider 8 Air Quality Planning grant provides for the city to sub-contract near non-attainment assessment and planning with Texas A&M Corpus Christi and the University of North Texas. The grant agreement must be executed by the City and TCEQ prior to September 1, 2013 in order to ensure the funds are obligated and to accept the additional funding. The work plans and budget for the grant will be discussed in a future amendment that will be administratively approved by the City Manager or his designee. ALTERNATIVES: 1. Approval of the Resolution and Ordinance as recommended. 2. Decline to accept the grant offer. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The contract and selection process complies with City Policy. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Engineering Services 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 442,300.00 442,300.00 Encumbered I Expended Amount This item 0 0 BALANCE 1 01 0 442,300.00 442,300.00 Fund(s): No. 1071 Community Enrichment Fund Comments: (insert any brief comments that may be necessary to explain chart) Funds not sub-contract will be utilized to defray the cost of grant administration RECOMMENDATION: Approval of the resolution and ordinance as presented. LIST OF SUPPORTING DOCUMENTS: TCEQ Contract No. 582-14-40055 Ordinance Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 Texas Commission on Environmental Quality Cooperative Reimbursement Grant for State Agencies and Local Governments CONTRACT SIGNATURE PAGE Contract Name: City of Corpus Christi Contract Number: 582-14-40055 Performing Party: City of Corpus Christi Performing Party Identification Number: 174600057411 Maximum Authorized Reimbursement: $442,300 Effective Date: "El September 1,2013 Date of last signature Expiration Date: M August 31,2015 Last day of Fiscal Year in which the Contract was signed R If checked,this Contract requires matching funds. Match Requirement: F� If checked,this Contract is funded with federal funds. CFDA Number: Federal Grant Number: This Contract is entered under: EJ Gov't Code ch.771E]Govt Code ch.791 M Water Code§5,124 The Texas Commission on Environmental Quality(TCEQ),an agency of the State of Texas,and the named Performing Party,a state agency or local government of the State of Texas,enter this Grant Agreement (Contract)to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas. The parties agree as follows: (a)to be effective,the Contract must be signed by an authorized official of the TCEQ and the Performing Party;(b)this Contract consists of all documents specified in the list of Contract Documents following this page;and(c)as authorized by TCEQ,Performing Party will conduct Grant Activities as part of its own authorized governmental functions and TCEQ will reimburse allowable Costs subject to the Texas Uniform Grant Management Standards(UGMS)and this Contract. Texas Commission on Environmental Quality(TCEQ) (Performing Party/Grantee) By: By: Authorized Signature Authorized Signature Steve Hagle,P.E. Ronald Olsen Printed Name Printed Name Deputy Director City Manager Title Title Date Date Procurements&Contracts Representative LaTresa Stroud,CTPM,CTCM Printed Name with Certification Date Page 1 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-1440055 CONTRACT DOCUMENTS LIST Cooperative Reimbursement Grant for State Agencies and Local Governments This Contract between TCEQ and Performing Party consists of the Contract Documents listed on this page and marked by an"X." Documents on this list include all amendments. In the event of a conflict of terms,the Contract Documents as amended control in the descending order of the list,subject to provisions in the Special Terms and Conditions,if any. All Contract provisions,however,are subject to control by the latest amendment and most specific provision and by the applicable state and federal laws,rules and regulations.All documents that are included in the list below,but are not attached to this Contract,are incorporated by reference. Z Contract Signature.Page Contract Documents List(this page) Special Terms and Conditions [] Federal Section(Including Federal Conditions and Completed Forms) ® Scope of Work Z Procedures for Proposals for Grant Activities(PGAs) Z General Terms and Conditions Z Proposals for Grant Activities(PGAs)created during the Contract,includes Budget Revision Requests approved by TCEQ. Cost Budget Form Z Notices,Project Representatives and Records Locations Attachment A:TCEQ Financial Status Report(Form 269a/TCEQ Form 20248)and Supplemental Financial Status Report forms(Supplemental Form 26ga/TCEQ Form 20248-1 through 20248-4).FSR Forms may be updated by TCEQ during the Contract term; Attachment B: Release of Claims Form(form and completed farms provided under the Contract); Z Attachment C: Budget Revision Request Form Attachment D:Progress Report Template(template and completed reports provided under the Contract) Z Attachment E;Other documents that are delivered or issued,in accordance with the Contract,after the effective date of the Contract. Page 2 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-10055 SPECIAL TERMS AND CONDITIONS r. These Special Terms and Conditions add to,or in the case of conflicts,supersede and take precedence over the General Terms and Conditions and other provisions set forth in this Grant Agreement. 2. Use of Funds.The Performing Party shall maximize use of Air Quality Planning funds for technical purposes,such as data collection and analysis,field study activities,and research.The Performing Party shall minimize use of the funds for creation of supplementary outreach materials. 3. Specific Costs 3.1 The TCEQ will not reimburse the Performing Party for expenses related to the use of a cell phone or digital pager,except for a maximum of$40.00 per month cell phone allowance for the Performing Party's named project representatives. TCEQ may reimburse the Performing Party for expenses related to the use of cell phones for the transmission of ambient monitoring data. 3.2 Maximum Reimbursements for Travel.In addition to other provisions regarding travel,the following conditions apply: 3.2.1. The TCEQ encourages the Performing Party to participate in the Texas Comptroller of Public Account's State Travel Management Program(STMP)found at: http://www.window.state.tx.us/procurement/prog/stmp/.The TCEQ also encourages the Performing Party to consult with the TCEQ with any questions on the eligibility of travel expenses. 3.2.2. The Performing Party must use the method of travel that will result in the lowest overall costs,including consideration of salary and wages for time spent traveling.The Performing Party must book travel reasonably in advance of the date of the travel in order to obtain the lowest possible price. 3,2.3. The TCEQ will not reimburse for travel claims that are not consistent with Textravel web located on the Texas Comptroller's website: littps://fmx.epa.state.tx.us/fmx/travel/textravel/index.php. 3.2.4. For in-state travel,the TCEQ will reimburse the Performing Party for the actual cost of lodging and meals at a daily rate not exceeding the current rate posted on the Texas Comptroller's website: https://finx.epa.state.tx.us/ftn/travel/travelrates.php. Additional taxes and fees are eligible for reimbursement. 3.2. . For out-of-state travel,the TCEQ will reimburse the Performing Party for the actual cost of lodging and meals at a daily rate not exceeding the current rates posted on the Texas Comptroller's website: https://frnx.epa.state.tx.us/fm/travel/out_ofstate/index.php. Additional taxes and fees are eligible for reimbursement. 3.2.6. For rental automobiles,the TCEQ will reimburse the Performing Party at the actual daily rate no greater than the applicable STMP contract rate. 3.2.7. For air fare,the TCEQ will reimburse the Performing Party at actual cost up to the applicable STMP contract rate. 3.2.5. Mileage for personal automobiles will be reimbursed at the rate for state employees at the mileage indicated on a mapping Web site from the Performing Party's business location to the destination location. 4. Advance Payments 4.1 The TCEQ may provide funds in advance of the Performing Party incurring anticipated costs of Grant Activities. Each Proposal for Grant Activities(PGA)will indicate whether TCEQ will make an advance payment(s)and how much the advance payment(s)will be. Advance payments to Performing Party are solely to be used for reimbursement of Performing Party's allowable costs of performance under the PGA. Performing Party must submit advance payment documentation quarterly,following the requirements for reimbursement requests(invoices).If a PGA is being funded with advance funds and by reimbursement,a request for reimbursement(invoice)must be on a separate FSR form than the advance payment information and the required documentation must be attached to the applicable FSR.The documentation must show the amount the Performing Party has drawn from the advance and the balance remaining in the advance.Advance Payments are Page 3 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number 582-14-40055 conditioned on the approval of the FSR. If the FSR does not demonstrate Performing Party has complied with the Contract requirements,the TCEQ may withhold approval or reject the FSR. 4.2 TCEQ may include additional requirements or restrictions on the advance payment in the PGA. 4.3 By paying advance payments the TCEQ does not waive any requirements for the reimbursement of costs. The TCEQ may at any time,before or after any advance payment,request additional evidence concerning casts. The TCEQ may audit the records of the Performing Party and may also audit the Performing Party's performance as to any Grant.Activity and any other Contract requirement.After an advance payment under a PGA is depleted,TCHQ may choose to amend the PGA to allow additional advance payment(s)to Performing Party. If no additional advance is authorized,all additional payments will be made on a reimbursement basis,as described in the Contract Documents. 4.4 The Performing Party has the duty to immediately return advanced funds to'TCEQ that have not been spent in accordance with this Grant Agreement by August 31,2015. Page 4 of 32 Contract tame: City of Corpus Christi TCEQ Contract Number: 582-14-40055 SCOPE OF WORK 1. Introduction This Scope of Work is a general description of Performing Party air quality planning activities that maybe agreed to in Proposals for Grant Activities(PGAs)under this Grant Agreement in accordance with Rider 8, Commission on Environmental Quality,Article VI of the General Appropriations Act of the 83rd Legislature. TCEQ and the Performing Party will agree to activities by signing a PGA(s)to include the Performing Party's Work Plan for specific Grant Activities. In no event shall activities be performed without an accepted PGA signed by both the Grantee and the TCEQ and a Notice to Commence(NTC)signed by TCEQ.The PGA and NTC maybe combined. 2. Description of Activities 2.1 The Grant Activities funded with the Rider 8 funding may include identifying,inventorying,and monitoring of pollution levels;modeling pollution levels;and the identification,quantification,and implementation of appropriate pollution reduction controls. The TCEQ shall allocate the Rider 8 funding to those activities that are most beneficial to the State Implementation Plan.The Performing Party shall expend Rider 8 funding solely on activities related to reducing ozone and its precursors,which are primarily nitrogen oxides(NGx)and volatile organic compounds(VOCs). 2.2 The Grant Activities funded with Rider 8 funding may include community outreach activities designed to change behaviors to those that could reduce emissions of ozone precursors. Community outreach activities must have a quantifiable component such that the Grantee can measure the effectiveness of the program and communicate this information to the TCEQ. 2.3 The Performing Party must obtain written approval from the TCEQ prior to using these funds to model or prepare emissions inventories based in whole or part on existing control strategies with compliance and/or control effectiveness rates that differ from those currently used by the TCEQ. This provision applies to all emissions inventory development and photochemical modeling of base case,baseline,and future modeling scenarios. 2.4 In order to maintain consistency with the State Implementation Plan,the Performing Party and its sub-grantees and subcontractors shall use mobile source emissions factors and existing program assumptions approved by TCEQ when working with mobile sources emissions inventories(for any purpose)or existing mobile source control strategy programs. These assumptions include compliance and/or control effectiveness parameters. 3. Specifications and Standards for Performance 3.1 Timeliness:The Performing Party shall take all available measures to ensure that deliverables are submitted to the TCEQ on or before their due dates. Failure by the Performing Party to meet deliverable due dates may result in the use of any or all remedies described in the Grant. 3.2 Completeness:The Performing Party shall ensure that all deliverables are complete with regard to the scope and purpose of their associated tasks. Failure by the Performing Party to deliver complete deliverables may result in the use of any or all remedies described in the Grant. 4. Conference Calls and Meetings If determined by the TCEQ to be necessary,the Performing Party will hold conference calls with the TCEQ regarding its air quality planning activities. The TCEQ is responsible for the scheduling and the hosting of each conference call. One week before the scheduled conference call the TCEQ will submit an agenda. The Performing Party shall have any technical documents,budget documents,and any other related documents for use during the call,as necessary to address the agenda submitted by the TCEQ. 5. Deliverables The TCEQ's Grant Manager may grant an extension of a deliverable due date in a PGA without amending the PGA/NTC. The Performing Party must request an extension of a deliverable due date,via email,no later than 15 working days prior to the conclusion of the deliverable due date. The TCEQ Grant Manager will confirm acceptance or denial of the extension via email within 10 working days. Draft deliverables may be submitted in electronic format by electronic mail,ftp,hard drive,or on CD or DVD by mail. Provided that the electronic data file sizes are not excessively large,they shall be delivered to the TCEQ either by e-mail or file transfer protocol(FTP). If the electronic file sizes are excessively large,CD-ROM,DVD- Page 5 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 ROM,or external hard drive media shall be used for the submission. For instances where the total size of the electronic data is large enough to require multiple CD-ROM discs,the Performing Party shall use either DVD- ROM discs or a single external hard drive. if the Performing Party chooses the latter approach,the TCEQ will return the hard drive after the large electronic data files have been obtained. The Performing Party agrees to submit final deliverables as described above for draft deliverables and shall submit final deliverables within to working days of receiving comments from the TCEQ. If provided by electronic mail,the PGA number,fiscal year,task number,and the Amendment number,if applicable,shall be included in the subject line of the email. The deliverable report or document shall clearly identify on its cover page in the top right hand corner the PGA number and the specific task or subtask number for which it was created and the Amendment number if applicable. Example follows: FYa4-1,5 PGA FY14-1 Task 1.1 Amendment#5 6. Quality Assurance Program and Procedures The TCEQ Program Coordinator may waive the QAPP.A Quality Assurance Project Plan(QAPP)addresses the quality assurance process the Performing Party will undertake to ensure the adherence of data or other products to established criteria. Unless the QAPP is waived by the TCEQ,the Performing Party shall submit a QAPP prior to TCEQ signing the PGA. The QAPP shall address each task in the PGA in accordance with criteria,being neither arbitrary nor capricious,set by the TCEQ.TCEQ signature on the PGA will indicate acceptance of the QAPP. The Performing Party is responsible for the QAPP and its implementation. 7. Reporting. Quarterly performance reports shall be submitted with the Performing Party's invoices. 8. Additional Information TCEQ representatives may attend the Performing Party's Air Quality Committee meetings or related meetings to provide technical guidance and/or to ensure compliance with the requirements of the Grant Agreement. Page 6 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 PROCEDURES FOR PROPOSALS FOR GRANT ACTNITIES (PG,AS) 1. Purpose TCEQ intends to provide funds under this Grant Agreement to reimburse Performing Party for agreed Grant Activities. However,there is no guaranteed minimum level of funding for the Grant Agreement. All reimbursed Grant Activities must be agreed upon between TCEQ and Performing Party according to the procedures specified here. All Grant Activities must be within the Scope of Work described in this Grant Agreement. 2. Proposals for Grant Activities(PGAs) At any time during the Grant Agreement,the TCEQ and Performing Party may agree to Grant Activities to be performed by the Performing Party by signing a PGA. Each PGA shall include: The Contract Number and title of this Grant Agreement; • The PCR Number and PGA title; • A maximum dollar amount for reimbursement of the Grant Activities described in the PGA; • Instructions to the Performing Party relating to the preparation of a QAPP; • Tasks and deliverables for the Grant Activities described in the PGA; • Start and end dates for the tasks and deliverables; • Schedule of deliverables for the Grant Activities described in the PGA; • Cost Budget:The PGA shall include a completed Cost Budget. The PGA shall include sufficient detail about possible travel outside of Texas to enable TCEQ to determine whether anticipated meetings or conferences are necessary and reasonable to the Grant Activities.The Performing Party shall submit a market price analysis(comparison to other contractor's prices)for activities included in the Contractual category in the Cost Budget; • The names of the TCEQ Project Representatives and the names of any other TCEQ staff contacts for the Grant Activities described in the PGA; • The names of the Performing Party's Project Representatives and other Performing Party contacts for the Grant Activities described in the PGA; • Key personnel of Performing Party: the names of individuals who will be performing essential tasks, their roles in performing the Grant Activities,and whether they are employees of Performing Party, independent contractors,or employees of subcontractors; • Signature: TCEQ and Performing Party shall have the PGA signed and dated by a person with the authority to bind TCEQ and Performing Party to the performance of the PGA;and • Notice to Commence:The latest signature date of the parties on the PGA will be the date that the Performing Party may commence performing the Grant Activities included in the PGA,unless a different date is indicated in the PGA.Except as specifically authorized otherwise in the PGA,TCEQ will not fund Grant Activities performed by Performing Party prior to the commencement date indicated in the PGA.The PGA may include a limited notice to commence authorizing reimbursable expenditures for only a portion of the PGA. The PGA may also include matters such as: • additional identifying numbers for the PGA; • format of copies; • interim or progress report requirements; • Performing Party availability for questions; • anything to be provided by TCEQ,such as data,models,reports,equipment,or access; • required models or software to be used by Performing Party; • standards to be adhered to by Performing Party relating to data,GIS,modeling,database projects, or other matters; Page 7 of 32 Contract Name: City of Corpus Christ! TCEQ Contract Number: 582-1440055 • testing procedures or acceptance criteria;and • special requirements for the Grant Activities in the PGA. 3. QAPP 3.1 Performing Party shall submit a QAPP(if applicable)by the date specified in the PGA. The QAPP must meet all requirements specified in the Grant Agreement and in the PGA. 3.2 If the Grant Agreement is funded with federal funds,the QAPP must also meet all requirements specified in the federal grant providing the funds. 4. Changes to PGAs 4.1 General Process 4-1-1. Amendment Schedule for PGAs.It is the responsibility of the Grantee to request PGA amendments to change deliverables,extend deliverable dates,or make other adjustments. TCEQ may issue a proposed PGA amendment at any time during the term of a PGA. Performing Party requests for amendments to PGAs shall be submitted to the TCEQ no more than quarterly. Performing Party may submit a request for amendment to a PGA quarterly starting on the last day of the first quarter,except that for the last quarter,a request for amendment must be submitted by June 30,2015. Quarters are defined below. Performing Party's request to amend a PGA must describe all proposed changes to the PGA in detail. Quarters September—November,2013 December 1—February 28,2014 March i—May 30,201 June 1—August 29,2014 September 1—November 28,2014 December 1—February 27,2015 March 1—May 29,2o15 June 1—June 30,2015(limited period due to biennial closeout) 4.1.2. Within fourteen(14)calendar days of receipt of a proposed PGA amendment from the other party,the receiving party shall submit its changes to the PGA amendment or the signed PGA amendment to the other party's Representatives. TCEQ may specify a different deadline than the fourteen(14)day deadline when it provides the PGA amendment to the Performing Party. The receiving party must respond within seven(7)calendar days after receiving changes.The parties will work to reach an agreement on the amendment and if no agreement can be reached,TCEQ,at its option,may cancel the PGA in writing without further notice. 4.1-3. Any PGA amendment shall be signed by both parties and shall include a revised complete or limited notice to commence with the Grant Activities in the amended PGA.Except as specifically authorized otherwise in the amended PGA,TCEQ will not fund Grant Activities affected by the amendment if they are performed by Performing Party prior to the effective date of the revised notice to commence. 4.2 Required Changes to PGAs due to National Ambient Air Quality Standards Designation.If one or more counties within the Performing Party's program area are designated by the U.S. Environmental Protection Agency as being in violation of one or more National Ambient Air Quality Standards with an effective date occurring during the term of this Agreement: 4.2.1. the TCEQ may require the Performing Party to revise language for the PGA; 4.2.2. the TCEQ may specify which photochemical or meteorological modeling or emissions inventory development tasks are allowable under this Agreement; 4.2-3. the TCEQ may specify delivery dates for photochemical or meteorological modeling or emissions inventory development tasks;and 4.2-4. the Performing Party will mark and treat all photochemical or meteorological modeling or emissions inventory development work product as"DRAFT'/DELIBERA'T'IVE"until the Page 8 of 32 Contract tame: City of Corpus Christi TCEQ Contract Number: 582-14-40055 TCEQ agrees that those work products are of sufficient quality to be final versions. Work products marked"DRAFT/DELIBERATIVE"shall be released to third parties only with the prior permission of the TCEQ Program Coordinator,or under the terms of the Texas Public Information Act,Government Code,Chapter 552. Documents marked"Draft/Deliberative," may be shared with agents,employees,and subcontractors of the Performing Party;those assisting the Performing Party or its subcontractors;and those assisting the Performing Party in collecting the information. . Cancellation of PGA Either party may cancel a PGA with ten(2o)days written notice. Cancellations may be for cause,for convenience,or for force majeure. No cancellation shall prejudice any other right or remedy of TCEQ in the event of breach. Upon cancellation,Performing Party may request reimbursement for: conforming Grant Activities,and timely,reasonable expenses directly attributable to cancellation. TCEQ may set off Contract damages,if any,prior to making payment. Performing Party shall not be paid for: activities not performed,loss of anticipated profits or revenue,consequential damages,or other economic loss arising out of or resulting from the cancellation. 6. TCEQ Reliance on Budget and Due Dates Included in PGA 6.1 Reliance on Budget Performing Party acknowledges that TCEQ budgets for and encumbers funds only up to the not-to-exceed dollar amount contained in each PGA,and therefore,materially relies on the Performing Party adhering to the budget included in the PGA. Partially completed Grant Activities may be of little or no benefit to TCEQ. Therefore,in the event Performing Party is unable to complete Grant Activities within the cost amounts included in the PGA, Performing Party agrees to use its best efforts to complete such Grant Activities using alternative funding. 6.2 Reliance on Due Dates Performing Party acknowledges that TCEQ may depend on the completion of funded Grant Activities in order to prepare work product of its own which may be subject to statutory or other deadlines. In addition,funding for Grant Activities may be limited to Grant Activities performed within a certain time period. Therefore, milestones and deliverable due dates specified within a PGA are of the essence of the agreement. Without prejudice to any other right or remedy TCEQ may have in the event of delay, Performing Party agrees that it will immediately inform TCEQ if and as soon as it appears that a deliverable due date or PGA completion date may be exceeded. 7. Key Personnel 7.1 Performing Party's Project Representatives and any individuals named as key personnel in the PGA are key to the performance of Grant Activities. Whenever circumstances permit,Performing Party shall give at least 14 days'notice prior to making any substitutions in key personnel;if unable to give 14 days'notice,Performing Party shall give as much notice as possible. Performing Party shall submit information describing changes in key personnel,including the names of substitute individuals,their roles in performing the Grant Activities,and whether they are employees of Performing Party,independent contractors,or employees of subcontractors. 7.2 Performing Party shall not make any substitutions in key personnel prior to TCEQ"s written approval of the substitute key personnel,unless failure to proceed with the substitution immediately will jeopardize the successful performance of the Grant Activities. 7.3 Substitutes shall meet any minimum qualifications specified in the PGA for the Grant Activities they will be performing,and where reasonably possible shall have qualifications comparable to or better than the qualifications of the individuals they are replacing. 7.4 In performing Grant Activities under a PGA,Performing Party shall not use or shall cease using the services of any person(including organizations)against whom the TCEQ has a reasonable objection. TCEQ must present all such objections in writing. Page 9 of 32 Contract Marne: City of Corpus Christi TCEQ Contract Dumber: 582-14-40055 GENERAL TERMS AND CONDITIONS for Cooperative Reimbursement Grant for State Agencies and Local Governments 1. Contract Period 1.1 Contract Period. The Contract beings on the Effective Date and ends on the Expiration Date as provided on the Contract Signature Page.If no Effective Date is provided,the Effective Date of the Contract is the date of last signature. If no Expiration Date is provided,the Expiration Date is August 31 of the same Fiscal Year in which the Contract is signed. 1.2 Amendments.This Contract is not subject to competitive selection requirements and may be amended and renewed by mutual agreement. Except as specifically allowed by the Contract,all changes to the Contract require a written amendment agreed to by both parties. 1.3 Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a period of up to go days. Unless otherwise indicated in the applicable Contract amendment,an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period. 2. Funds 2.1 Availability of Funds. This Contract and all claims,suits or obligations arising under or related to this Contract are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Contract or the respective claim,suit or obligation,as applicable. Performing Party will ensure that this article is included in any subcontract it awards. 2.2 Maximum Authorized Reimbursement. The total amount of funds provided by TCEQ for the Contract will not exceed the amount of the Maximum Authorized Reimbursement as shown on the Contract Signature Page. 2.3 Fiscal Year Restrictions. In order to be reimbursed under this Contract,costs must be incurred during the Contract Period and within the time limits applicable to the funds from which the Contract is being paid. TCEQ is under no obligation to offer deadline extensions which extend to the maximum availability of the Contract funding source. 2.4 Grants.If this Contract was entered under the TCEQ's authority to award grants,TCEQ is providing financial assistance to the recipient to undertake its own project. 2.5 No Debt against the State. This Contract is contingent on the continuing appropriation of funds. This Contract shall not be construed to create debt against the State of Texas. 3. Allowable Costs 3.1 Conforming Activities. TCEQ will reimburse the Performing Party for necessary and reasonable Allowable Costs that are incurred and paid by the Performing Party in performance of the Scope of Work as authorized in the PGA Cost Budget. 3.2 UGMS. Allowable Costs are restricted to costs that comply with the Texas Uniform Grants Management Standards(UGMS)and applicable state and federal rules and law. The text of UGMS is available online at the Governor's website. The parties agree that all the requirements of the UGMS apply to this Contract,including the criteria for Allowable Costs. Additional federal requirements apply if this Contract is funded,in whole or in part,with federal funds. 3.3 Duplication of Effort Prohibited. In addition to the funds provided to the Performing Party under this Grant Agreement,the TCEQ and other entities may provide funds to the Performing Party under separate Grant Agreements. Performing Party must monitor all activities to ensure that the grant funds complement one another and do not result in double payments for the same activity. 4. Reimbursement 4.1 Reimbursement Requests. Performing Party shall invoice TCEQ to request reimbursement for its Allowable Costs for performing the Scope of Work. Performing Party's invoice shall confirm to all reimbursement requirements specified by TCEQ. 4.2 Submittal of Reimbursement Requests Page 10 of 32 Contract Name; City of Corpus Christi TCEQ Contract Number: 582-14-40055 4.2.1. The Performing Party shall not submit reimbursement requests(FSRs and invoices)any sooner than fifteen(15)days following the submission to the TCEQ of a deliverable in order to allow TCEQ staff a reasonable period to review the deliverable prior to receiving the reimbursement request. 4.2.2. The Performing Party shall require by contract its subcontractors to invoice it every other month and the costs relating to subcontractors shall be invoiced to TCEQ in Performing Party's quarterly invoice. 4.2.3. The Performing Party must submit invoices within fifteen(16)days of the end of each State of Texas fiscal quarter,except that the final invoice shall be submitted as specified below. Invoices shall be sent to: Invoice_AQD @tceq.texas.gov.Invoices shall be in PDF format and in U.S.dollars and cents.Each Proposal for Grant Activities must be invoiced separately.In order for TCEQ to determine eligibility of costs,the Performing Party must submit the following to the TCEQ as part of its complete and legible invoice: 4.2.3.1 Reimbursement requests using Financial Status Report Form 269a and Supplemental Financial Status Report Forms 269a in paper copies and in an electronic database format,provided by TCEQ,that detail all costs of conducting the Grant Activities incurred during the invoicing period.The Performing Party must comply with the current TCEQ Financial Status Report processing procedures in effect at the time of submittal.The TCEQ may change or add requirements for processing.For FSRs requesting reimbursement of costs(as opposed to documenting use of advance payment),fill in the spaces regarding Advanced Funds with N/A.TCEQ will perform desk reviews of the FSRs after they are filed.TCEQ may pay an invoice prior to performing the desk review.If TCEQ determines that the FSR contained unallowable costs or insufficient documentation,the Performing Party will refund the applicable amounts to TCEQ; 4.2.3.2 Percentage of budget spent to date,and percentage of budget projected to be spent during the Agreement; 4.2..3.3 Progress report on the attached template.The TCEQ reserves the right to alter the reporting frequency of the progress reports as necessary to track the Performing Party's progress toward accomplishing the tasks of the PGA(s).The progress report shall document,in technical detail and by task,the accomplishments,expenditures,and milestones achieved during the reporting period. The Performing Party shall include an estimate of the percent completion for each task or project. The report shall also document what problems were identified,if any,and the resolution. 4.2.4. Within sixty(6o)days of the end of this Agreement,the Performing Party must submit its final invoice that is complete and legible and includes all of the information set forth above for quarterly invoices and the information listed below. Submission shall be in electronic format,on DVD-ROM or CD-ROM. Directory structure for the contents of the CD shall be by Task and Title:e.g.,Task 1.Conceptual Model,Task 2.Ambient Monitoring,Task 3. Emissions Inventories.The following also must be submitted with the final invoice: 4.2.4.1 Copies of all reports,including financial,performance,and other reports, required by this Agreement; 4.2.4.2 Final Reconciliation of Budget and Expenditures; 4.2.4.3 PGA Summary Report summarizing the Performing Party's accomplishments with respect to the approved PGAs and containing an outline of PGA tasks and projects that identifies the title of all deliverables completed in the course of the Grant Agreement. The Performing Party must request the Final PGA Summary Report template from the TCEQ Grant Manager; 4.2.4.4 A current single audit report for Regional Planning Commissions,including Councils of Government or Comprehensive Annual Financial Report for municipalities;and 4.2.4.5 A detailed explanation of how advance payments were utilized. Page I I of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 58214-40055 4.2.5. Within ninety(go)days of receipt of the final invoice and information set forth above,the TCEQ will make adjustments to the allowable and eligible costs based on the terms of the Grant Agreement Documents. The TCEQ will make prompt reimbursement to the Performing Party for allowable reimbursable costs. Closeout of the Grant Agreement does not affect: 4.2.5.1 The TCEQ's right to disallow costs and recover funds on the basis of a later audit or other review; 4.2.5.2 The Performing Party's obligation to return any funds due as a result of later refunds,corrections,or other transactions; 4.2.5.3 Records retention; 4.2.5.4 Property management requirements; 4.2.5.5 Audit requirements;and 4.26.6 Any other continuing obligations under the Grant Agreement. 4.2.6. At any time during the Grant Agreement,upon request of the TCEQ,the Performing Party will provide any additional documentation necessary to support the allowability and eligibility of the costs.The TCEQ may reject requests for reimbursement pending receipt of the requested documentation. 4.2.7. The Performing Party must immediately refund to the TCEQ any funds that are in excess of allowable costs.In no case may Performing Party take longer than thirty(30)days to refund TCEQ.Any funds paid to a Performing Party in excess of the amount to which the Performing Party is finally determined to be entitled under the terms of the award constitute a debt to the TCEQ. 4.3 Conditional Payments. reimbursements are conditioned on the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. 4.4 No Interest for Delayed Payment. Because the Performing Party is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251, no interest is applicable in the case of late payments. 4.5 Release of Claims. As a condition to final payment or settlement,or both,the Performing Party shall execute and deliver to the TCEQ a release of all claims against the TCEQ for payment under this Contract using the applicable,attached form. 5. Financial Records,Access and Audits 5.1 Audit of Funds. The Performing Party understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office,or any successor agency;to conduct an audit or investigation in connection with those funds. Performing Party further agrees to fully cooperate with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Performing Party shall ensure that this clause concerning the audit of funds accepted under this Contract is included in any subcontract it awards. 5.2 Financial Records. Performing Party shall establish and maintain financial records including records of costs of the Scope of Work in accordance with generally accepted accounting practices. Upon request Performing Party shall submit records in support of reimbursement requests. Performing Party shall allow access during business hours to its financial records by TCEQ and other state agencies for the purpose of inspection and audit. Financial records regarding this Contract shall be retained for a period of three(3)years after date of submission of the final reimbursement request. 5.3 Indirect Rate Approval Letter. Within thirty(30)days of the start of the Grant Agreement,the Performing Party shall submit to the TCEQ a copy of the letter from the Performing Party's Federal cognizant agency or state coordinating agency approving the Performing Party's current indirect cost rate. The Performing Party shall provide any new letter within thirty(30)days of the plan being approved by its cognizant agency or state coordinating agency. Page 12 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 6.4 Central Service Costs.The Performing Party certifies that it will maintain compliance with all UGS and other requirements regarding central service costs,including having a Cost Allocation Plan,if required,and adjusting the plan.All central service cost allocation plans and related documentation must be maintained for possible audit.. 6. Performing Party's Responsibilities 6.1 Performing Party's Responsibility for the Scope of Work. Performing Party undertakes performance of the Scope of Work as its own project and does not act in any capacity on behalf of the TCEQ nor as a TCEQ agent or employee. Performing Party agrees that the Scope of Work is furnished and performed at Performing Party's sale risk as to the means,methods,design, processes,procedures and performance. 6.2 Superintendence of the Work. Performing Party is responsible for supervising all activities. This responsibility includes control of associated hazards to assure the safety of the performance of the Grant Activities,and for the protection of all persons,property,premises and facilities which may be affected by the Grant Activities.No action by TCEQ will transfer this responsibility to TCEQ. 6.3 Independent Contractor. The parties agree that the Performing Party is an independent contractor.Nothing in this Contract shall create an employee-employer relationship between Performing Party and TCEQ. Nothing in this Contract shall create a joint venture between TCEQ and the Performing Party. 6.4 Performing Party's Responsibilities for Subcontractors. All acts and omissions of subcontractors,suppliers and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect contract with Performing Party shall be considered to be the acts and omissions of Performing Party. 6.6 Flow down of Contract Provisions. The Performing Party shall include in its subcontracts, employment contracts,and employment policies any provision included in this Agreement,or shall include a similar provision,to the extent necessary in order for the Performing Party to fulfill its obligations under this Agreement,regardless of whether or not the provision expressly requires that it be included in such contracts or policies.The Performing Party shall require its subcontractors to do the same.. 7. No Third Party Beneficiary. TCEQ does not assume any duty to exercise any of its rights and powers under the Contract for the benefit of third parties. Nothing in this Contract shall create a contractual relationship between TCEQ and any of the Performing Party's subcontractors,suppliers or other persons or organizations with a contractual relationship with the Performing Party. 8. Time 8.1 Time is of the Essence. Performing Party's timely performance is a material term of this Contract. 8.2 Delays. Where Performing Party's performance is delayed,except by Force Majeure or act of the TCEQ,TCEQ may withhold or suspend reimbursement,terminate the Contract for cause,or enforce any of its other rights(termination for convenience may be effected even in case of Force Majeure or act of TCEQ}. g. Conflict of Interest. The Performing Party shall timely notify TCEQ in writing of any actual,apparent,or potential conflict of interest regarding the Performing Party or any related entity or individual. No entity or individual with any actual,apparent,or potential conflict of interest shall take part in the performance of any portion of the Scope of Work,nor have access to information regarding any portion of the Scope of Work,without TCEQ's written consent in the form of a unilateral amendment. Performing Party agrees that TCEQ has sole discretion to determine whether a conflict exists,and that a conflict of interest is grounds for termination for cause. to. Data and Quality 10.1 Quality and Acceptance. All work performed under this Contract must be complete and satisfactory in the reasonable judgment of the TCEQ. All materials and equipment shall be handled in accordance with instructions of the applicable supplier,except as otherwise provided in the Contract. 10.2 Quality Assurance. All work performed under this Contract that involves environmental data operations will be performed in accordance with a TCEQ-approved Quality Assurance Project Plan Page 13 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 (QAPP). An environmental data operation is defined as any work performed to obtain,use,or report information pertaining to environmental processes and conditions. Environmental data operations may include but are not limited to sampling and analysis,compilation or use of data from existing sources,development or use of models of environmental processes,and the collection, calculation,or use of geospatial data. No work covered by this requirement will be implemented prior to the Performing Party's receipt of the QAPP signed by TCEQ and,if necessary,the EPA. Without prejudice to any other remedies available to TCEQ,TCEQ may refuse reimbursement for any environmental data operation performed prior to approval of a QAPP by TCEQ and,if necessary,the EPA. Also,without prejudice to any other remedies available to TCEQ,the Performing Party's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non-reimbursement of expenses related to the associated activities. 10.3 Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited by TCEQ according to 3o Texas Administrative Code Chapter 25„subchapters A and B,unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 3o Texas Administrative Code Section 25.6. ui. Intellectual Property 11.1 Work for Hire. The Performing Party agrees the work product created under this Contract is a work for hire and therefore,TCEQ is the owner of the work product and all intellectual property in the work product Performing Party will enter into written agreements with its employees and subcontractors that confirm TCEQ's ownership. 21.2 Third party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment by TCEQ,Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work,or incident to the use or possession of any work product under the Grant Agreement. Performing Party shall obtain and furnish to TCEQ: documentation on the use of such intellectual property,and a nonexclusive,perpetual,irrevocable,fully paid-up enterprise-wide and worldwide license to reproduce,publish,otherwise use,modify,create derivative works,distribute,publicly perform and display such intellectual property and associated user documentation,and to authorize others to do the same for TCEQ non-commercial purposes. Readily commercially available software that is necessary to use the work products may be exempted from this requirement with prior written approval from TCEQ. Contractor shall take all necessary steps to pass-through to TCEQ all warranties,representations and other service commitments applicable to third party intellectual property incorporated into the work products. 11.3 Grant of License. Performing Party grants to TCEQ a nonexclusive,perpetual,irrevocable,fully paid-up enterprise-wide and worldwide license to reproduce,publish,modify,otherwise use,create derivative works,distribute,publicly perform and display for any non-commercial TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is incorporated into any work products under this Grant Agreement or is incident to the use or possession of any work product that is not work for hire,and associated user documentation. 11.4 In the event of a third party's Demand or threat of Demand for infringement of intellectual property incorporated by Performing Party into the work product,Contractor shall make best efforts to obtain permission for TCEQ to continue use of the allegedly infringing information,article or material;if Performing Party is unable to secure such permission,Performing Marty shall provide a non-infringing substitute or work-around that is substantially similar in feature and functionality to the allegedly infringing information,article or material. 12. Insurance and Indemnification 12.1 Insurance. Unless prohibited by law,the Performing Party shall require its contractors to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and the TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by the TCEQ,sufficient coverage shall include Workers Compensation and Employer's Liability insurance,Commercial Automobile Liability Insurance,and Commercial General Liability Insurance. 12.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW,THE PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY,DEFEND,AND HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS,AND EMPLOYEES,FROM AND AGAINST ALL LOSSES,LIABILITIES,DAMAGES,AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE Page 14 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS,SUPPLIERS AND AGENTS,INCLUDING THOSE ARISING FROM DEFECT IN DESIGN,WORKMANSHIP,MATERIALS,OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT;OR FROM A BREACH OF APPLICABLE LAWS,REGULATIONS, SAFETY STANDARDS OR DIRECTIVES. THE DEFENSE OF TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT TCEQ. THIS CONVENANT SURVIVES THE TERMINATION OF THE CONTRACT. 13. Termination 13.1 Termination for Cause. TCEQ may,upon providing io days'written notice and the opportunity to cure to the Performing Party,terminate this Contract for cause if Performing Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming work,or existence of a conflict of interest. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law. 13.2 Termination for Convenience. TCEQ may,upon providing io Clays'written notice to the Performing Party,terminate this Contract for convenience. Termination shall not prejudice any other right or remedy of TCEQ or the Performing Party. Performing Party may request reimbursement for: conforming work and timely,reasonable costs directly attributable to termination. Performing Party shall not be paid for: work not performed,loss of anticipated profits or revenue,consequential damages or other economic loss arising out of or resulting from the termination. 13.3 If,after termination for cause by TCEQ,it is determined that the Performing Party had not materially failed to comply with the Contract,the termination shall be deemed to have been for the convenience of TCEQ. 14. Disputes,Claims and Remedies 14.1 Payment as a Release. Neither payment by TCEQ nor any other act or omission other than an explicit written release,in the form of a unilateral amendment,constitutes a release of Pet-forming Party from liability under this Contract. 14.2 Remedies 14.2.1. Schedule of Remedies available to the TCEQ. In accordance with Texas Government Code Chapter 2261 the following Schedule of Remedies applies to this Contract. In the event of Performing Party's nonconformance,TCEQ may do one or more of the following: 14.2.1.1 Issue notice of nonconforming performance; 14.2.1.2 Reject nonconforming performance and request corrections without charge to the TCEQ; 14.2-1.3 Reject a reimbursement request or suspend further payments,or both,pending accepted revision of the nonconformity; 14.2-1.4 Suspend all or part of the Contract Activities or payments,or both,pending accepted revision of the nonconformity; 14.2-1.5 Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 14.2.1.6 Terminate the Contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. 14.2.2. The remedies available to TCEQ in this Grant Agreement,are in addition to,and not a limitation of,any rights and remedies available to TCEQ,including otherwise imposed or available,by Laws or Regulations,by special warranty or guarantee,or by other provisions of the Contract Documents. 14.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming performance,if possible under the circumstances, 14.4 Cumulative Remedies. Remedies are cumulative;the exercise of any remedy under this Contract or applicable law does not preclude or limit the exercise of any other remedy available under this Contract or applicable law. Page 15 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 15. Sovereign Immunity The parties agree that this Contract does not waive any sovereign immunity to which either party is entitled by law. 16. Survival of Obligations. Except where a different period is specified in this Contract or applicable law, all representations,indemnifications,and warranties made in,required by or given in accordance with the Contract,as well as all continuing obligations indicated in the Contract,survive for four(4)years beyond the termination or completion of the Contract,or until four(4)years after the end of a related proceeding, whichever is longer. A related proceeding includes any litigation,legal proceeding,permit application,or State Office of Administrative Hearings proceeding,which is brought in relation to the Contract or which in TCEQ's opinion is related to the subject matter of the Contract. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 17. Contract interpretation 17.1 Definitions. 17.1,1. The word"include"and all forms such as"including"mean"including but not limited to"in the Contract and in documents issued in accordance with the Contract,such as Work Orders or Proposals for Grant Activities(PGAs). 17.1.2. The term Grant Agreement is used interchangeably with Agreement,Contract,Grant,or grant. 17.1.3. Grant Activities—the entire completed activities or the various separately identifiable parts thereof required to be furnished under the Contract Documents.Grant Activities include administrative activities.Grant Activities may also be referred to as Contract Activities and work. 17.2 Headings. The headings of the sections contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 17.3 Delivery of Notice. Notices are deemed to be delivered three(3)working days after postmarked if sent by U.S.Postal Service certified or registered mail,return receipt requested.Notices delivered by other means are deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail,facsimile transmission,email,or other commercially accepted means. 17.4 Interpretation of Time. All days are calendar days unless stated otherwise.Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday or a state or federal holiday,it is omitted from the computation. 176 State,Federal Law. This Contract is governed by,and interpreted under the laws of the State of Texas,as well as applicable federal law. 17.6 In addition to the other requirements specified in the Contract Documents,the standards for costs to be eligible for reimbursement include those contained in the following,to the extent applicable: 17.6.1. The Uniform Grant and Contract Management Act,Section 783.001 et seq.,Texas Government Code;The Uniform Grant Management Standards for State Agencies,34 Texas Administrative Code,Section 20.421 et seq.(UGMS)(allowable costs standards and requirements for grantees); 17.6.2. Chapter 391,Local Government Code and related rules(pertaining to costs for entities defined as Regional Planning Commissions),if a sub-grantee or recipient of funds is an entity defined as a Regional Planning Commission,including a Council of Governments.. (Under this Grant Agreement,other entities may also agree to abide by the cost requirements for Regional Planning Commissions,); 17.6.3. Texas Government Code Section 536.0053(pertaining to lobbying); 17.6.4. TCEQ Allowable Expenditure Guidelines(pertaining to allowable costs for cost reimbursement contracts and grants); 17.6.5. 3o TAC Chapter ii(pertaining to TCEQ contracts)and 3o TAC Chapter 14(pertaining to grants);and 17.6.6. tither applicable Federal and State statutes and rules. Page 16 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 17.7 If the Performing Party is a"unit of local government"as defined in the Appropriations Act of the 83rd Texas Legislature,Article IX,Sec.4.04 Limitation on Grants to Units of Local Government,the Performing Party must certify in the Release of Claims that it has complied with all requirements in Sec.4.04. 17.5 Severability. If any provision of this Contract is found by any court,tribunal or administrative body of competent jurisdiction to be wholly or partly illegal,invalid,void or unenforceable,it shall be deemed severable(to the extent of such illegality,invalidity or unenforceability)and the remaining part of the provision and the rest of the provisions of this Contract shall continue in full force and effect. If possible,the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. 17.9 Assignment.. No delegation of the obligations,rights,or interests in the Contract,and no assignment of payments by Performing Party will be binding on TCEQ without its written consent, except as restricted by law. No assignment will release or discharge the Performing Party from any duty or responsibility under the Contract. 17.10 Venue. Performing Party agrees that the Contract is being performed in Travis County,Texas, because this Contract has been performed or administered,or both,in Travis County,Texas. The Performing Party agrees that any cause of action involving this Contract arises solely in Travis County,Texas. 17.11 Public Information. All data and other information developed under this Agreement shall be furnished to the TCEQ and shall be public data and information except to the extent that it is exempted from public access by the Texas Public Information Act,Texas Government Code Chapter 552. Upon termination of this Agreement,all copies of data and information shall be furnished,at no charge to the TCEQ,upon request,to include databases prepared using funds provided under this Grant Agreement. 17.12 Publication.. 17.12.1. At least seven(7)days prior to the publication or advertisement of information related to this Contract,the Performing Party agrees to provide a copy of the publication or advertisement to TCEQ for review and comment. Performing Party may make changes in its draft based on TCEQ comments,as it sees fit in its sole discretion. Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 17.12.1.1 The Performing Party has permission to use the TCEQ logo in conjunction with outreach efforts described in this Grant Agreement. The Performing Party must follow the TCEQ's logo style guidelines when using the logo,which can be found on the Web at http.//www.tceq.texas.gov/assets/public/comm_exec/logo_style—guide.pdf. Electronic files of the TCEQ logo should be obtained from the TCEQ's Agency Communications Division by e-mailing ac @tceq.texas.gov.E-mails should be addressed from the Performing Party's Project Representative and copy the TCEQ Project Representatives,reference use under the Rider S grant program, and specify the file formats needed(examples;jpg,tiff). 17.12.2.The Performing Party and the Performing Party's agent,subcontractor,or other representative shall acknowledge the financial support of the TCEQ and the State of Texas whenever activities funded,in whole or part,by this Grant Agreement are publicized or reported in news media,or publications,or at public events and meetings. All project signage,reports and other documents completed as a part of this Grant Agreement,other than documents prepared exclusively for internal use within the TCEQ,shall display the following notation on the sign,or front cover or title page: PREPARED UNDER A GRANT FROM THE TEXAS COMMISSION ON ENVIRONMENTAL[QUALITY Page 17 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 The preparation of this report was financed through grants from the State of Texas through the Texas Commission on Environmental Quality. The content,findings,opinions and conclusions are the work of the author(s)and do not necessarily representfindings,opinions or conclusions of the TCEQ. 17.13 Waiver. With the exception of an express,written waiver in the form of a unilateral amendment signed by TCEQ,no act or omission will constitute a waiver or release of Performing Party's obligation to perform conforming Contract Activities. No waiver on one occasion,whether expressed or implied,shall be construed as a waiver on any other occasion. 17.14 Compliance with Laws. TCEQ relies on Performing Party to perform all Contract Activities in conformity with all applicable laws,regulations,and rules and obtain all necessary permits and licenses. 17.15 Counterparts. This Contract may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Contract. 17.16 Accessibility. All electronic content and documents created as deliverables under this Contract must meet the accessibility standards prescribed in 1 Texas Administrative Code sections 206.50 and 213 for state agency web pages,web content,software,and hardware,unless TCEQ agrees that exceptions or exemptions apply. 17.17 No provision of any standard,specification,guidance manual,code or instruction shall be effective to change the responsibilities of TCEQ or the Performing Party,or any of their subcontractors, consultants,agents,or employees from those in the Grant Agreement,nor shall it be effective to assign to TCEQ,any duty or authority to supervise the furnishing or performance of the Grant Activities or other Agreement provisions. 17.18 Whenever in the Contract Documents the terms"as ordered,""as directed,""as required,""as allowed,""as approved"or terms of life effect or import are used,or the adjectives"reasonable", "suitable,""acceptable,""proper"or"satisfactory"or adjectives of like effect or import are used to describe a requirement,direction,review or judgment of TCEQ as to the Grant Activities,it is intended that such requirement,direction,review or judgment will be solely to evaluate,in general, the completed Grant Activities for compliance with the requirements of and information in the Grant Agreement Documents.The use of any such term or adjective shall not be effective to assign. to TCEQ any duty or authority to supervise or direct the furnishing or per of the Grant Activities or other Agreement provisions. Page 18 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 Cost Budget Cooperative Reimbursement Grant for State Agencies and Local Governments 1. Budget. Authorized budgeted expenditures for activities performed are as follows: Budget Category Cost for Activities to be Performed Salary/Wages $ Fringe Benefits $ Travel $ Supplies $ Equipment $ Contractual $ Construction $ Other $ Indirect Costs $ Total $ 1 2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is f of(check one): ❑salary and fringe benefits ❑modified total direct costs F�other direct costs base If other direct cost base,identify: This rate is less than or equal to(check one): F-1 approved predetermined rate 0 experienced-based predetermined rate El default rate S. Other. If Budget Category"Other"is greater than$25,000 or more than lo%of budget total,identify the main constituents: 4. Travel. In order to be reimbursable,travel costs must be specifically authorized in advance of the travel. Travel costs,including per diem,will be reimbursed only in the amount of actual costs,up to the maximum allowed by law for employees of the State of Texas at the time the cost is incurred.Travel by volunteers will not be reimbursed.The Performing Party shall submit out-of-state travel requests to the TCEQ Grant Manager no later than 3o days prior to travel. Travel by the Performing Party shall not occur without TCEQ authorization.Additional requirements applicable to travel are included elsewhere in this Contract. 5. Budget Categories. The Budget Categories above have the definitions,requirements and limitations stated in UGMS. Construction costs are not reimbursable without prior,specific written authorization from TCEQ. Page 1 9 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 6. Budget Control. 6.1 Performing Party may transfer amounts between the approved direct cost budget categories so long as the cumulative transfers to or from a line item do not exceed io%of half of the Total.Budget amount.Total costs to be reimbursed must be at or less than the budget total specified. All invoices must be submitted in a format that clearly shows how this requirement is being met. Performing. Party must timely submit a Budget Revision Request(BRR)Form reflecting the revised budget. The Performing Party's written request shall include the reason for the request,a redline/strikeout version of the currently approved budget,a narrative of each fund transfer among the budget categories,and a description of how the budget transfers will change each task.Upon approval by the TCEQ Grant Manager,the BRR will automatically be incorporated into this Contract as though it is a document revised under General Terms and Conditions Section 1.2. 6.2 Cumulative transfers greater than or equal to io%of the Total Budget.TCEQ must pre-approve all budget revisions that result in the cumulative transfer of funds equal to or greater than io%of the Total Budget of this PGA during the Contract period. The Performing Party must supply the completed BRR and information listed in the previous paragraph with its request for amendment of the PGA.A PGA amendment is required before Performing.Party incurs these costs. 6.3 Performing Party may not transfer amounts to budget categories containing zero dollars without TCEQ pre-approval. 6.4 The io%limit does not reset until an amendment is signed by the parties to reflect changes to the budget. 7. Supporting Records. Performing Party shall submit records and documentation to TCEQ as appropriate for the review and approval of reimbursing costs.See the FSR for an explanation of what documentation must be provided with the FSR regarding costs. TCEQ may reject invoices without appropriate supporting documentation. TCEQ has the right to request additional documentation. Although this Contract only requires that certain documentation be provided with the FSR,the Performing Party shall maintain records subject to the terms of this Contract,including the Uniform Grant Management Standards. 8. Indirect Costs. Performing Party's indirect costs will be reimbursed at the reimbursable rate shown above (if no reimbursable rate is shown above,indirect costs are not reimbursable under this Contract). The reimbursable rate must be less than or equal to the rate authorized under UGMS. To the extent that the reimbursable rate is lower than Performing Party's actual indirect costs,Performing Party is contributing its unreimbursed indirect costs to the successful performance of this Contract,and waives any right it may have to reimbursement of those costs. 9. Indirect hates Authorized under UGMS. The following rates are authorized under UGMS. 9.1 Approved Predetermined Rate. An approved predetermined rate shall be expressed as a percentage of the direct cost base specified in the signed indirect rate negotiation agreement. 9.2 Experience-Based Predetermined Rate. An experience-based predetermined rate is an indirect cost rate agreed to between TCEQ and Performing Party,where there is no approved predetermined rate and there is sufficient cost experience and other pertinent facts to enable the parties to reach an informed judgment(a)as to the probable level of indirect costs in the Performing Party's programs during the term of the Contract,covered by the negotiated rate,and(b)that the amount allowable under that rate would not exceed actual indirect costs. An experience-based predetermined rate shall be expressed as a percentage of either(a)salary and wages,or(b)modified total direct costs. Modified total direct costs are total direct costs less"extraordinary or distorting expenditures,"usually capital expenditures,subawards,contracts,assistance payments(e,g.,to beneficiaries),and provider payments. The direct cost base selected should result in the fair distribution of indirect costs among all state and federal grants and contracts affected,as well as other Performing Party activities that share in the indirect costs. 9.3 Default Rate. A default rate is an indirect rate of ten percent(l o%)of direct salary and wages,to be used where(a)there is no approved or experienced-based predetermined rate,and(b)the Performing Party represents that its actual indirect costs equal or exceed ten percent(io%)of salary and wages. 9.4 Adjustment of Indirect Rates. A reimbursable rate is intended to be final. Performing Party acknowledges that TCEQ's budget is limited and funds may not be available to reimburse any increase in indirect costs. Performing Party waives any right it may have to upward adjustment of its indirect rate,and agrees to contribute any such increase to the successful performance of this Page 20 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 Contract. TCEQ waives any right it may have to a downward adjustment of Performing Party's indirect rate,unless the reimbursable rate is greater than the Performing Party's actual indirect costs. If the latter case,if reasonably feasible,a compensating adjustment shall be carried forward to this Contract or a future contract. If not feasible,where permitted by law TCEQ and Performing Party may identify additional services to be performed by Performing Party as a compensating adjustment,or Performing Party shall reimburse TCEQ the excess indirect costs paid.. Page 21 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 Notices, Project Representatives and Records Location Contract No, 582-14-40055 1. Representatives.The individual(s)named below are the representatives of TCEQ and Performing Party. They are authorized to give and receive communications and directions on behalf of the TCEQ and the Performing Party as indicated below. All communications including official Contract notices must be addressed to the appropriate representatives. 2. Changes in Representatives. Either party may change its representative by unilateral amendment. 3. TCEQ Representatives All communications must be addressed to the TCEQ's Project Representatives,unless otherwise specified in the Grant Agreement. The TCEQ Project Representatives are identified below: TCEQ GRANT MANAGER TCEQ PROGRAM COORDINATOR (for Contractual Matters) (for Technical Matters) Leigh Ann Brunson Clint Harper Grant Manager Program Coordinator Texas Commission on Environmental Quality Texas Commission on Environmental Quality P.O.Box 13087 P.O.Box 13087 MC-164 MC-164 Austin,Texas 78711-3087 Austin,Texas 78711-3087 Telephone No.(612)239.1903 Telephone No.(512)239-1674 Facsimile No.( 12)239-1600 Facsimile No.(512)239-1600 E-Mail leigh arm biunson c tceq texas govov E--Mail: clint.harperPtceq.texas.gov 4. Performing Party Representatives. For Contractual Matters For Technical Matters Sharon Bailey Lewis Sharon Bailey Lewis Program Manager Program Manager Title Title City of Corpus Christi Qb of Corpus Christi P.O Box 9277 P.O.Box 9277 Corpus Christi,Texas 78469-9277 Corpus Christi,Texas 78469-9277 Telephone No.(361)826-4066 Telephone No.(361)826-4066 Facsimile No.(361)826-4681 Facsimile No.(361)826-4681 E-mail:SharonL @.ctexas.com E-mail:SharonLcctexas.com 5. Invoice Submittal. Invoices must be submitted to Invoice_AQD@tceq.texas.gov 6. Designated I-Awation for Records Access and Review. The Performing Party designates the physical location indicated below for record access and review pursuant to any applicable provision of this Contract. 12ox Leopard Street (Street Address) Corpus Christi,Texas 7840x (City/State ZIP) Page 22 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-1440055 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RIDER 8 AIR QUALITY PLANNING GRANT PROGRAM FINANCIAL STATUS REPORT-- FORM 269a 1. STATE AGENCY ORGANIZATION TO WHICH REPORT ISubmit with invoice to Invoice_AQD@tceq.texas.gov IS SUBMITTED: 2. GRANT/CONTRACT TITLE: RIDER 8 LOCAL AIR QUALITY PLANNING GRANT 3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS) 5.a.TCEQ CONTRACT NUMBER: 5.b. TCEQ PCR NUMBER: 6. FINAL REPORT YES No 7. ACCOUNTING BASIS CASH ACCRUAL 8.TOTAL GRANT PERIOD 9. PERIOD COVERED BY THIS REPORT FROM: TO: FROM: ITO: 10. BUDGET CATEGORIES APPROVED BUDGET PROJECT COST THIS CUMULATIVE PROJECT BALANCE" REPORT* COST A. PERSONNEL/SALARY $0.00 $0.00 B. FRINGE BENEFITS $0.00 C.TRAVEL $0,00 $0.00 D. SUPPLIES $0.00 $0.00 E. EQUIPMENT $0.00 $0.00 F. CONTRACTUAL $0.00 $0.00 G. CONSTRUCTION $0.00 $0.00 H. OTHER $0.00 $0.00 I. TOTAL DIRECT COSTS $0.00 $0.00 (sum A-H) J. INDIRECT COSTS (--2/b of[Fill in Base,e.g. $0.00 Personnel Sala ry]) K.TOTAL(sum I and 3) $0.00- $0.00 *List (itemize) on the appropriate supplemental form,all component expenses comprising the total cost for each of these categories. Please attach receiets,as required, in accordance with the conditions of your Contract. 11. ADVANCED FUNDS 12. INTEREST EARNED A. ADV. FUNDS THIS PROJECT: A. INTEREST EARNED THIS PERIOD: B. ADV. FUNDS SPENT THIS PERIOD: B. INTEREST PREVIOUSLY EARNED: C. ADV. FUNDS SPENT PREVIOUSLY: C. CUMULATIVE INTEREST EARNED: $0.00 D. ADV. FUNDS REMAINING: $0.00 13. CERTIFICATION: I CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF THAT THIS REPORT IS CORRECT AND COMPLETE AND THAT ALL OUTLAYS AND UNLIQUIDATED OBLIGATIONS ARE FOR THE PURPOSES SET FORTH IN THE AWARD DOCUMENTS. SIGNATURE OF AUTHORIZED OFFICIAL TYPED NAME AND TITLE: ITELEPHONE: DATE SUBMITTED: =EQ F RIM 210242 RAVISED FOR RIDER 9 AIR QUALIU-126ANN144C.-GRANU (Q5,120!3) Page 1 of Page 23 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS (Form 20248-1) EQUIPMENT PURCHASES(DURING THIS REPORT PERIOD) NUMBER ITEM DESCRIPTION (SHOULD MATCH DESCRIPTION PROVIDED FOR APPROVAL) UNIT COST TOTAL COST TASK PURCHASED TOTAL EQUIPMENT EXPENDITURES (MUST AGREE WITH LINE 10E ON FORM 20248 $0.00 CONTRACTUAL EXPENSES(DURING THIS REPORT PERIOD) SUBCONTRACTOR(NAME) FOR(SERVICES PERFORMED) COST TASK TOTAL CONTRACTUAL EXPENSES (MUST AGREE WITH LINE 10F ON FORM 24248) $0.00 TCEQ FORM 20248 REVISED FOR RIDER 8 AIR QUALITY PLANNING GRANTS (05/2013) Page 2 of 6 Page 24 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 ITEMIZATION OF CONSTRUCTION COSTS (Form 20248-2) CONSTRUCTION COSTS(DURING THIS REPORT PERIOD) DESCRIPTION PURPOSE COST(THIS TASK PERIOD - ................ - TOTAL CONSTRUCTION EXPENDITURES (MUST AGREE WITH LINE IOG ON FORM 20248) $0.00 TCEQ FORM 20248 REVISED FOR RIDER 8 AIR QUALITY PLANNING GRANTS (05/2013) Page 3 of 6 Page 26 of 32 Contract Name: City of Corpus Christ! TCEQ Contract Number- 582-14-40055 ITEMIZATION OF SUPPLY AND OTHER COSTS(Form 20248-3) SUPPLIES PURCHASED (DURING THIS PERIOD) NUMBER ITEM DESCRIPTION UNIT COST TOTAL COST TASK PURCHASED $mo $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL SUPPLY EXPENDITURES (MUST AGREE WITH LINE 10D ON FORM 20248) $0.00 OTHER EXPENDITURES(DURING THIS REPORT PERIOD) NUMBER ITEM DESCRIPTION UNIT COST TOTAL COST TASK PURCHASED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL OTHER EXPENDITURES (MUST AGREE WITH LINE 10H ON FORM 20248) $0.00 TCEQ FORM 20248 REVISED FOR RIDER 8 AIR QUALITY PLANNING GRANTS (05/2013) Page 4 of 6 Page 26 of 32 Contract Name; City of Corpus Christi TCEQ Contract Number: 582-14-40055 ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS(Form 20248-4) PERSONNEL/SALARY EXPENDITURES (DURING THIS REPORT PERIOD) EMPLOYEE NAME TITLE/POSITION SALARY TASK TOTAL_PERSONNEL/SALARY EXPENDITURES (MUST AGREE WITH LINE 10A ON FORM 20248) $0.00 TRAVEL EXPENDITURES(DURING THIS REPORT PERIOD) EMPLOYEE NAME AND TITLE/POSITION REASON COST TASK TOTAL TRAVEL EXPENDITURES (MUST AGREE WITH LINE 10C ON FORM 20248) $0.00 *SUBSTANTIATING DOCUMENTATION (time sheets,travel receipts,etc.) IS NOT REQUIRED TO BE ATTACHED TO THIS FORM; however each traveler's costs must be itemized to show costs for meals, lodging and transportation (itemization may be attached). TCEQ FORM 20248 REVISED FOR RIDER 8 AIR QUALITY PLANNING GRANTS (05/2013) Page 5 of b Page 27 of 32 Contract Name:. City of Corpus Christi TCEQ Contract Number: 682-14-40056 Financial Status Report Preparation Instructions 1.. The PERFORMING PARTY,in order to obtain reimbursement for those expenditures authorized under this Contract,shall submit a completed, legible TCEQ Financial Status Report(TCEQ Form 20248)and any required TCEQ Supplemental 20248 forms. Each Financial Status Report shall indicate, for each budget sub-category,the PERFORMING PARTY'S project expenditures for the period in question,the cumulative expenditures with respect to each budget subcategory,and the balance remaining in each budget sub- category following reimbursement of the amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred during the report period. 2. All requests for reimbursement of expenditures that fall within either the"Equipment"or"Contractual"categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-1 and identified with respect to the major tasks or objectives,set forth in the PGA,that such expenditures support or satisfy. 3. All requests under this Contract for the reimbursement of expenditures that fall within the"Construction"category of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-2 and identified with respect to the major tasks or objectives,set forth in the PGA, that such expenditures support or satisfy. 4. All requests for the reimbursement of expenditures that fall within either the"Supply"or"Other"categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-3 and identified with respect to the major tasks or objectives,set forth in the PGA,that such expenditures support or satisfy. 5. All requests for reimbursement of expenditures that fall within either the"PersonneljSalary"or"Travel"categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-4 and identified with respect to the major tasks or objectives,set forth in the PGA, that such expenditures support or satisfy. 6. When a single expenditure supports or satisfies more than one task or objective,the PERFORMING PARTY need not breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost order,the various tasks or objectives supported. 7. Documentation. In addition,the PERFORMING PARTY shall retain,for each reimbursable cost listed on any of the FSR forms,legible documentation that(1)serves to further identify the specific cost, (2)clearly identifies the vendor or subcontractor who provided the materials or services,and (3) that confirms the reimbursable amount Listed on the form. For"Equipment" purchases,the documentation shall be either a purchase order marked"received/paid"or a vendor-submitted invoice similarly marked. For"Contractual" purchases,the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any"past due"amount from previous invoices. For"Contraction"costs, the documentation shall be either a purchase order marked"received/paid"or an invoice similarly marked. In the case of subcontractor provided construction services,the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any"past due"amount from previous invoices. For"Supply"or"Other"costs, although issued purchase orders and/or invoices marked"received/paid"represent the preferred types of documentation for purposes of this section,the PERFORMING PARTY may substitute other records or documents that provide the same type of information. For"Personnel/Salary.',the PERFORMING PARTY is expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to this Contract. With respect to employee travel, PERFORMING PARTY must retain documentation that identifies the name of the travelers, and that substantiates the reported reimbursable costs. Documentation,for the purpose of substantiating travel-related costs, includes the following: (1) legible copies of the PERFORMING PARTY-approved travel vouchers,signed by the employees who traveled,and (2)for any travel-related expenses under this contract borne directly by the PERFORMING PARTY(and thus for which reimbursement by the PERFORMING PARTY to the traveler was not required),separate receipts showing,at a minimum,the traveler's name,the travel location,and the travel date(s). For"Fringe Benefits",the PERFORMING PARTY must also retain documentation. TCEQ FORM 20248 REVISED FOR RIDER 8 AIR QUALITY PLANNING GRANTS (05/2013) Page 6 of 6 Page 28 of 32 Contract Name: City of Corpus Christ! TCEQ Contract Number 582-14-40055 Attachment B: Release of Claims Forms Texas Commission on Environmental Quality Release ofClaints hereby releases the Texas Commission on Environmental Quality (TCEQ)and its officers,agents,and employees from any and all future claims arising under or by virtue of TCEQ Contract Number 582-14--.The amount being released is Further certifies that all subcontractors,suppliers,employees and any party which has performed.or provided service for this Grant have been paid in full and satisfied. All activities required to be completed under the referenced Grant have been completed. Prompt payment,therefore,of the attached invoice,including any and all funds which may have been "retained"by TCEQ in accordance with said Grant,is requested. Executed on this -day of 20—. By: (signature) (name, typed orprinted) (title) Contract# 582-14- Beginning Balance ..Ixpenses Reimbursed by TCEQ Remaining Balance Being Released Page 29 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 Texas Commission on Environmental Quality Release of Claims far Units of Local Government, as defined in the Appropriations Act of the 83rd Texas Legislature,Article LX,Sec.4.04 Limitation on Grants to Units of Local Government hereby releases the Texas Commission on Environmental Quality (TCEQ)and its officers,agents,and employees from any and all future claims arising under or by virtue of TCEQ Contract Number 582-14- .The amount being released is Further certifies that all subcontractors,suppliers,employees and any party which has performed or provided service for this Grant have been paid in full and satisfied. All activities required to be completed under the referenced Grant have been completed. Prompt payment,therefore,of the attached invoice,including any and all funds which may have been "`retained"by TCEQ in accordance with said Grant,is requested. Further certifies that it has complied with all requirements in Article IX,See.4.04 Limitation on Grants to Units of Local Government in the Appropriations Act of the 83rd Texas Legislature. Executed on this day of 20—. By: (signature) (narne, typed or printed) (title) Contract# 582-14- Be Sinning Balance Expenses Reimbursed by IgKQ_ Remaining Balance Being Released - Page 30 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-1440055 Attachment C: Budget Revision Request Form RIDER 8 BUDGET REVISION REQUEST FORM Purpose: For TCEQ review and approval of recipient organization proposed budget changes to ensure project deliverables are met and fiscal accountability. Instructions.Complete all information,except lo..L and k,which the spreadsheet will total. 1.RECIPIENT ORGANIZATION(NAME&COMPLETE ADDRESS INCLUDING ZIP CODE): 2.GRANT CONTRACT TITLE: 3.PAYEE IDENTIFICATION NUMBER., 4.TCEQ CONTRACT NUMBER. 582- 5.TOTAL PROJECT GRANT PERIOD: 6.PROPOSAL FOR GRANT ACTIVITIES NUMBER: I 9.Change lo.New or Revised 7.BUDGET CATEGORIES: 8.:A ppraved Budget Requested(+or Budget a.Personnel Sala $0.00 b.Fringe Benefits $0.00 c.Travel $0.00 d.Supplies $0.00 e.Equipment $0.00 f. Contractual $0.00 g.Construction $0.00 h.Other $0.00 i, Total Direct Costs(sum a-h) $0.00 $0.00 $0.00 j.Indirect Costs(---%of[Fill in Base,e.g.Personnel/Sala r�)' $0.00 k.Total(sum i&j) $0.00 $0.001 $0.00 Justification(Attach additional-sheets,if necessary): Signature of Authorized Representative Date Signature of TCEQ Representative Date Type or Printed Name and Title Type or Printed Name and Title Page 31 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number; 682-1440065 Attachment D: Progress Report Template Quarterly Progress Report for the Texas Commission on Environmental Quality Date: Rider 8 Area: PGA Number: Reporting Period: List of Tasks Completed: Status table(add rows as necessary to cover all PGA tasks): Task Number Deliverable Due Date Total Amount Remaining Cost of Percent of Allocated for Allocation Task this Task Task for Task Quarter Completed Sections below must be completed for every task and subtask(i.e. Task 1.1,Task 2.1,Task 2.2,etc.). If there was no activity,then please state 'Wone"in the Milestones,and"No activity for thisperiod"and the reason under the Detailed Summary section. Task i.i: Milestones: Detailed Summary: Technical and Logistical Problems and Solutions: Task 2.1: Milestones: Detailed Summary: Technical and Logistical Problems and Solutions: Page 32 of 32 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant in the amount of $442,300 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Fund for air quality planning purposes. Section 1. That the City Manager or his designee is authorized to execute all documents necessary to accept and appropriate a grant in the amount of$442,300 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Fund for air quality planning purposes. 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 1, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Ripjas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST Armando Chapa Nelda Martinez City Secretary Mayor .4@US Ga 0 H AGENDA MEMORANDUM N�oP©�p,EO Future Item for the City Council Meeting of July 23, 2013 1852 Action Item for the City Council Meeting of July 30, 2013 DATE: May 23, 2013 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director E ieOpcctexas.com 826-3234 FROM: Hector G. Vallejo, Program Manager hector@cctexas.com 826-3027 Annual Board Meeting of the Corpus Christi Community Improvement Corporation CAPTION: Annual Board Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) PURPOSE: The purpose is to appoint new City Council members to the Corporation, elect officers, amend the bylaws to provide for an annual meeting in February, and appoint members to the Loan Review Committee. BACKGROUND AND FINDINGS: The City Council acts as the Board of the CCCIC. With the election of new City Council members Rudy Garza, Lillian Riojas, Chad Magill, and Colleen McIntyre, it is necessary for the Board to appoint them to the CCCIC Board. The CCCIC is required to select a President and Vice President. The CCCIC will also elect a Tresurer and Secretary who do not have to be members of the Corporation and designate a General Manager. It is recommended that Constance Sanchez be elected as Treasurer, Assistant Director of Financial Services - Vacant, Assistant Treasurer, Armando Chapa, Secretary, Rebecca Huerta, Assistant Secretary. The CCCIC established the Loan Review Committee (Committee) on May 7, 1985. At that time of establishment, it was decided that the Committee would be composed of eleven members with (6) representing different professions; (2) from financial; (1) from health and human services; and (3) at-large. The members were originally given staggered years and then after that would be appointed for three year periods. Therefore, when their period expires they need to be re-appointed or replaced. The members can serve as long as they get re-appointed and there are no term limits. The Loan Review Committee reviews applications from Homeowners seeking assistance through the Neighborhood Serviecs Department's Single Family Rehabilitation Program. The Committee has three members who are up for re-appointment. David Cantu(Finanical), Barry Lobell (At-Large), and Clarrisa Briseno (Health and Human Services). Consideration of amending the CCCIC bylaws due to the change in election date for City Council members. It is recommended the date be changed from May to February. The amendment to Section 2.04 will read as follows: The annual meeting of the Board of Directors shall bbe held at the principal office of the Corporation during the third city r,,,IRGii moo+inn in May meeting in February of each year, or at such time and place as shall be designated by the President on three days written notice to each of the Directors. All other meetings may be held at the place selected by the Board either within or without the State of Texas. ALTERNATIVES: The Board may appoint new members from a list of applicants who have indicated an interest in serving on the Loan Review Committee. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed Board meeting conforms to City policy. EMERGENCY/ NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Project to Date Expenditures Fiscal Year: 2012-2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Take Necessary Action LIST OF SUPPORTING DOCUMENTS: Agenda for the annual meeting of the CCCIC Minutes of the October 23, 2012 Board Meeting Treasurer's Report Loan Review Committee Loan Packet Certification of Funds CCCIC bylaws AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ANNUAL MEETING DATE: Tuesday, July 30, 2013 TIME: During the meeting of the City Council beginning at 11:30 noon. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call Meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Nelda Martinez, President Ron L. Olson, General Manager Priscilla Leal Armando Chapa, Secretary Mark Scott Mary Juarez, Asst. Secretary David Loeb Vacant, Treasurer Kelly Allen Constance P. Sanchez, Asst. Treasurer 3. Appointment of Rudy Garza, Lillian Riojas, Chad Magill, and Colleen McIntyre to the CCCIC Board. 4. Approval of the Minutes of October 23, 2012 meeting. 5. Election of Officers 6. Treasurer's Report 7. Consider amending the bylaws as follows: Changing the date of the annual meeting from "the second Wednesday of April of each year" to "a City Council meeting in February". 8. Appointment of Loan Review Committee members. 9. Public Comment 10. Adjournment CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES,AND CHANGES IN FUND BALANCES FOR MONTH ENDING APRIL 30, 2013 Loan Program Special Project HOME Program Fund Fund Fund Total Revenues: Contribution from Federal Government 0 0 826,939 826,939 Interest on loans 9,258 13,549 22,710 45,517 Interest on investments 119 2 26 147 Rental income 0 0 0 0 Miscellaneous 1,739 0 514 2,253 Total revenues 11,116 13,551 850,189 874,856 Expenditures: Grants 23,320 0 96,059 119,379 Warranty Work 0 0 0 0 Community Development administration 0 0 4,807 4,807 Loan processing 437 0 864,097 864,534 Accounting services 0 0 0 0 Interest expense 0 0 0 0 Miscellaneous 36,072 0 0 36,072 Accumulated amortization- 0 0 0 0 forgivable loans 0 0 0 0 leasehold improvements 0 0 0 0 Accumulated depreciation-building 5,679 0 0 5,679 Total expenditures 65,508 0 964,963 1,030,471 Excess of revenues over expenditures (54,392) 13,551 (114,774) (155,615) Other financing sources(uses): Operating transfers in(out): Transfer From CDBG 0 0 0 0 Transfer To CDBG 0 0 0 0 Total other financing sources(uses) 0 0 0 0 Excess(Deficit)of revenues and other financing sources over expenditures and other uses (54,392) 13,551 (114,774) (155,615) Fund balances at July 31,2012 10,189,101 261,077 4,629,249 15,079,427 Fund balances at April 30,2013 10,134,709 274,628 4,514,475 14,923,812 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET April 30,2013 Loan Program Special Project HOME Program ASSETS Fund Fund Fund Total Cash and investments 1,704,939 253,581 193,855 2,152,375 Due from U S Government/Other Fund 0 0 0 0 Mortgages receivable 8,385,675 0 4,330,547 12,716,222 Accrued interest receivable 0 0 0 0 Account receivable 0 0 0 0 Leasehold improvements(net of accumulated amortization) 0 0 0 0 Investment in property(net of accumulated depreciation) 98,080 21,047 0 119,127 Total assets 10,188,694 274,628 4,524,402 14,987,724 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 2,038 0 9,927 11,965 Deposits 51,947 0 0 51,947 Due to other funds 0 0 0 0 Total liabilities 53,985 0 9,927 63,912 Fund Balance: Reserved for mortgages 8,385,675 0 4,330,547 12,716,222 Reserved for Investments 98,080 21,047 0 119,127 Unreserved 1,650,954 253,581 183,928 2,088,463 Total fund balance 10,134,709 274,628 4,514,475 14,923,812 Total liabilities and fund balance 10,188,694 274,628 4,524,402 14,987,724 CORPUS CHRISTI COMMUNITY L%IPROVEIVIENT CORPORATION BYLAWS ARTICLE I - OFFICES Section 1.01. The principal office of the Corporation shall be in the City of Corpus Christi, County of Nueces, State of Texas. ARTICLE II - DIRECTORS Section 2.01. The number of Directors which shall constitute the whole Board shall be nine. The initial Directors shall serve for a period coterminous with the terms of City Council members at the time of adoption of these bylaws. The successor Directors shall be elected for terms approximately coterminous with the terms of City Council members. Any Director may succeed himself. Section 2.02. Vacancies in the Board of Directors shall be pilled for the unexpired term by the election of successor Directors by the majority vote of thre remaining Board of Directors. Section 2.03. The property and business of the Corporation shall be managed by the Board of Directors which may exercise all powers of the Corporation and do all lawful acts. Section 2.04. The annual meeting of the Board of Directors shall be held at the principal office of the Corporation during the third City Council meeting in May of each year, or at such time and place as shall be designated by the President on three days' written notice to each of the Directors. All other meetings may be held at the place selected by the Board either within or without the State of Texas. Section 2.05. Regular meetings, other than the annual meeting, may be held at such time as shall be determined by the Board. Section 2.06. Special meetings of the Board may be called by the President on three days' notice to each Director, either personally or by mail or by telegram; special meetings shall be called by the President or Secretary in like manner on like notices on the written request of two Directors. Section 2.07. At all meetings of the Board the presence of a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the Directors present at any meetings at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by these bylaws. If a quorum shall not be present at any meeting of the Directors, the Directors present thereat may recess the meeting from time to time, without notice.other than announcement at the meeting, until a quorum shall be present. Section 2.08. A meeting of the Directors can be held at any time without notice upon the execution by all Directors, of a written waiver of notice, and likewise may be held without notice when all of the Directors are present at the meeting. Committee of Directors Section 2.09. The Board of Directors may, by resolution or resolutions adopted by a majority of the whole Board, establish one or more committees, each committee to consist of two or more of the Directors of the Corporation, which to the extent permitted by law and if so provided in said resolution or resolutions, when the Board is not in session, shall have and exercise the powers of the Board of Directors in the management of the business and affairs of the Corporation, and may have power to authorize the seal of the Corporation to be affixed to all papers which may require it. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Section 2.10. The committees shall keep regular minutes of their proceedings and report the same to the Board when required. Section 2.11. Directors, as such, shall not receive any compensation for their services, but, by resolution of the Board a reimbursement of expenses of attendance, if any, may be allowed for attendance at such regular or special meeting of the Board. Members of special or standing committees may be allowed like reimbursement for attending committee meetings. ARTICLE III - NOTICES Section 3.01. Whenever, under the provisions of the statutes or these bylaws, notice is required to be given to any director, it shall not be construed to mean personal notice, but such notice may be given in writing, by mail, addressed to such Director at such address as appears on the books of the Corporation, and such notice shall be deemed _ to be given at the time when the same shall be thus mailed. Section 3.02. Whenever any notice is required to be given under the provisions of the statutes or of these bylaws, a waiver thereof in writing signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. -2- L ARTICLE N - OFFICERS Section 4.01. The officers of the Corporation shall be chosen by the Board of Directors. the Board of Directors shall choose from its members a President and a Vice President. The Board of Directors shall also choose a Secretary and a Treasurer who may or may not be members of the Board of Directors. The Board of Directors shall, by majority vote of all members, designate a General Manager of the Corporation. The General Manager shall not be a member of the Board of Directors, but shall serve at the pleasure of the Board of Directors, and shall be under their supervision. Any two or more offices may be held by the same person, except the offices of President, Secretary, and General Manager. Section 4.02. The Board of Directors shall choose such officers at its first meeting and at each annual meeting thereafter. Section 4.03. The officers of the Corporation chosen pursuant to Section 4.02 shall serve until the next annual meeting of the Board of Directors or until their successors are chosen and qualify in their stead. Section 4.04. The Board may appoint such other officers and agents as it shall deem necessary, who shall hold their offices for such terms and shall exercise such powers and f perform such duties as shall be determined from time to time by the Board. Section 4.05. Any office elected or appointed by the Board of Directors may be removed at any time by the affirmative vote of a majority of the whole Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. The President Section 4.06. The President shall preside at all meetings of the Directors. Section 4.07. The President shall be ex officio a member of all standing committees, shall have general supervision of the management of the business of the Corporation, and shall see that all orders and resolutions of the Board are carried into effect. Section 4.08. The President shall execute bonds, mortgages and other contracts requiring a seal, under the seal of the Corporation, except where required for permitted by law to be otherwise signed and executed and except where the sighing and execution thereof shall be expressly delegated by the Board of Directors to some other officer or agent of the Corporation. Vice President Section 4.09. The Vice President shall, in the absence or disability of the President, perform the duties and exercise the powers of the President, and shall perform such other duties as the board of directors shall prescribe. -3- a . The Secretary Section 4.10. The Secretary shall attend all sessions of the Board and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all special meetings of the Board of Directors and shall perform such other duties as may be prescribed by the Board of Directors under whose supervision he shall be. He shall keep in safe custody the seal of the Corporation and, when authorized by the Board, affix the same to any instrument requiring it, and when so affixed, it shall be attested by his signature. And when the corporate seal is required as to instruments executed in the course or ordinary business he shall attest to the signature of the President or Vice President and shall affix the seal thereto. The Treasurer Section 4.11. The Treasurer shall have the custody of the corporate funds and the securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Corporation and shall deposit all moneys and Other valuable effects in the name and to the credit of.the Corporation in a depository as shall be designated by the Board of Directors. He shall disburse the funds of the Corporation as may be ordered by the Board, taking proper vouchers for such disbursements, and shall render to the ` President and Directors, at the regular meetings of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Corporation. The Board of Directors may appoint an Assistant Treasurer to assist the Treasurer and who, in the absence or inability of the Treasurer to serve, shall perform the duties of the Treasurer. The General Manager Section 4.12. The General Manager shall oversee and be responsible for the overall management and administration of the Corporation. Section 4.13. The Board of Directors may require the President, Vice President, the Secretary and the Treasurer to give the Corporation bonds on such sums and with such surety or sureties as shall be satisfactory to the Board for the faithful performance of the _ duties of their office and for the restoration to the Corporation, in case of death, resignation, retirement or removal from office, of all books, papers, vouchers, money and other property of whatever kind in their possession or under their control belonging to the Corporation. ARTICLE V - FISCAL PROVISIONS Section 5.01. The Board of Directors shall have prepared for each annual meeting a full and clear statement of the business and condition of the Corporation. -4- 4 p t Checks Section 5.02. All checks or demands for money and notes of the Corporation shall be signed by and any two of the following: the President, the Vice President, the Secretary, the Treasurer, the Assistant Treasurer, the General Manager, or such other person or persons as the Board of Directors may from time to time designate. Fiscal Year Section 5.03. The fiscal year shall be determined by resolution of the Board of Directors. ARTICLE VI - SEAL Section 6.01. The corporate seal shall be circular and shall have inscribed in the outer circle the name of the Corporation, and shall have inscribed in the inner the letters "T E X A S" and a five-pointed star. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. The imprint of this seal thus authorized is affixed opposite to this section. ARTICLE VII - AMENDMENTS Section 7.01. These bylaws may be altered, changed or amended at any meeting of the Board of Directors at which a quorum is present, provided notice of the proposed alteration, change or amendment be contained in the notice of such meeting, by the affirmative vote of a majority of the Directors at such meeting and present thereat. Includes Amendments through 10-25-93 -5- CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE — Three (3) vacancies with terms to 5-07-16 representing the following categories: 1 —Financial Institution, 1 —Health and Human Services, and 1 —At Large. (This is a "Non-City"Board and term limits do not apply to this Corporation's Committee) DUTIES: Review and approve loan applications submitted through the various loan programs in accordance with the Rehabilitation Loan Handbook. COMPOSITION: Eleven (11) members to serve three -year terms. The committee shall be composed of the following representatives: 4 - members from the following professions: legal, real estate agency, general contractor/ remodeler/ homebuilder, architect, engineer, residential home designer; 2 - financial institutions; 1 — member individually employed in the delivery of Health and Human Services; and 4 - community at large. Appointments to be made by the Board of Directors of CCCIC (City Council). Members must comply with the City's Code of Ethics. Chairman to be selected by Loan Review Committee for a one-year term. ORIGINAL MEMBERS TERMS APPTD. DATE Alice Vaughan (Real Estate), Chair 5-07-15 3-16-93 Cathy Mehne (Community at Large) 5-07-15 9-25-12 Monique Espinosa (Community at Large) 5-07-14 9-25-12 *David Cantu (Financial Inst.) 5-07-13 5-12-98 Keith Parker (Engineer) 5-07-15 5-26-09 Dalia Garcia (Community at Large) 5-07-14 9-25-12 *Barry Lobell (Community at Large) 5-07-13 5-12-98 *Clarissa Lopez-Briseno (Health/Human) 5-07-13 11-17-09 Herbert Schueneman (Financial Inst.) 5-07-14 9-25-12 Ben Molina (Architect/Homebuilder) 5-07-15 9-25-12 Robert C. Pate (Legal) 5-07-15 9-25-12 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences *****Has met six-year service limitation (The CCCIC/Loan Review Committee recommends the reappointments of David Cantu (Financial Institution), Barry Lobell (At Large), and Clarissa Lopez-Briseno (Health/Human Services)). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR David Cantu(Financial Inst.) 7 5 71% Barry Lobell(At Large) 7 7 100% Clarissa L. Briseno (Hlth./Hmn. Svcs.) 7 4 57% OTHER INDIVIDUALS EXPRESSING INTEREST: Alice Aparicio-Bussey Realtor, Keller Williams Realty. Attended Del Mar College. Licensed Real Estate Agent over 25 years. Activities include: Keller Williams Cares, and Corpus Christi Citizens Police Alumni Association. (At Large) (03/19/12) Lee R. Hassman Managing Partner/Realtor, Tropical Realtor. Manages office, sells commercial and residential real estate. Certified and specializes in short sales, as well as custom home building and commercial building through Harbor Homes II. (At Large) (3119112) Julia McCoy Realtor, Group One Real Estate. Former City employee (+5 yrs) as Assistant to the Director of Development Services, and Staff assistant to the Building Code Board of Appeals (BOA), Electrical Code BOA, and Plumbing/Mechanical BOA. (At Large) (3120112) Burris W. McRee Real Estate Broker/Owner, Gulftex Properties, Inc. Holds Certified Property Manager (CPM) and Certified Commercial Investment Member (CCIM) designations from the National Association of Realtors, serves on BOD for two commercial condominium owners associations and Co-Chairman 2012 for Corpus Christi Chapter of Ducks Unlimited. (At Large) 3120112) Cynthia Laura Martinez Internal Auditor, Nueces County Sheriff's Office. Received Associates in Applied Science degree — Networking Technology from Del Mar College. Currently working toward a Bachelor's Degree in Business Administration at the University of Incarnate Word. Activities include: Sheriff's Employee Association member. (At Large) (5118112) Matt Teifke, Jr. Realtor, Garron Dean & Associates Realtors. Currently 3rd year student at Texas A&M University — Corpus Christi, with History major, Social Work minor. Activities include: Big Brothers/Big Sisters of South Texas. (At Large) (4/27/12) Damaso Robert Vela, II Indirect Loan Processor, Coastal Community and Teachers Credit Union. Graduated from Moody High School. Completed some business classes at Del Mar College. (Financial Institution) (At Large) (10103112) Theunis "Tim" Voorkamp Broker/Managing Partner/Owner, Corpus Christi Excel Properties Inc./Nueces Tax Relief/TAVCO Construction. Retired Merchant Marine Captain, graduate of the U.S. Merchant Marine Academy. Licensed Real Estate Broker, Licensed Property Tax Consultant, and Registered Arbitrator with State of Texas. Activities include: Texas Assn. of Property Tax Professionals, National Association of Realtors, and Texas Real Estate Commission. (Financial Institution) (At Large) (3119112) Jo Woolsey Self-Employed, Woolsey Legal Services. Attended Victoria Junior College. Previously worked in Legal field in Corpus Christi, now self-employed in Legal field. Activities include: Member of the Athenian Club. (At Large) (7/31/12) ® AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 " Action Item for the City Council Meeting of July 30, 2013 kPyNppP9PA;EO DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ieb cctexas.com 361-826-3169 Floyd Simpson, Chief of Police floods cctexas.co 361-826-2604 F_ Custodial Services CAPTION: Motion approving a service agreement with ABM Janitorial Services — South Central Inc., San Antonio, Texas for custodial service for the main police building in accordance with Bid Invitation No. BI-0161-13 based on low responsible bid for an estimated annual expenditure of $85,500. 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 supplier and the City Manager or designee. Funds have been budgeted by the Police Department in FY 2012-2013 and will be requested during the normal FY 2013-2014 budget approval process. PURPOSE: This service consists of cleaning and upkeep of 155,400 square footage of building. Approximately 330 offices are serviced under this contract. Waste removal, vacuuming, sweeping, mopping, buffing, dusting, cleaning rest rooms and shower stalls are all included as part of the service. BACKGROUND AND FINDINGS: Custodial services will be performed at main police building located at 321 John Sartin Street. This service will provide one full-time day custodian that will work Monday through Friday from 8:00 a.m. to 4:30 p.m. Nightly custodial services will also be required after normal business hours from 5:00 p.m. through 11:00 p.m. 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: Police Department 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 $458,441.76 $85,500.00 $543,941.76 Encumbered / Expended Amount $212,879.08 $212,879.08 This item 1 $0.001 $85,500.00 1 $85,500.00 BALANCE 1 $245,562.68 $245,562.68 Fund(s): Police Building Maintenance and Operations Comments: No funds are required for FY2012-2013. However, funds will be requested for this service during the normal FY 2013-2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. O O O O c6 c6 U O O O O (q U) co LO LO N L O O O M LL r Q N_ //� L Vcn/ U 6c� O O O O a� cm co U M co O O Ln Ln U) x O O co E{} EA 'L O ap C 'C O co L O U c6 O N C 7 07 LE Q- 00 co O � U co co N N O O O O N N z O O O a O E!3 E!3 co Q N J r LO Co E N O C) m O C O Q 0i U co p EA m 2 2 2 0 O o 0 0 m 0 0 U O O Ul LI B cu LO U C N 07 CO _ � EA co (o _ L O O O U c N co m o co Q cn cn �a Q V- 0 ~ 0 N 0 z � 04 J a ._ U 0 J a° cn > J � ° � pwLLj m Q (2) O c) C/) Fu J LL = o U — 0 U m U Attachment I SERVICE AGREEMENT Contractor ABM Janitorial Services—South Central, Inc. Supply Agreement No. SA THIS Custodial Service Agreement (this "Agreement") is entered into by and between ABM Janitorial Services — South Central, 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 Police Department Main Building and Municipal Court, 321 John Sartain Street, in response to Bid Invitation No. BI-0161-13 in accordance with Specification No. 1063, dated Revised 03/15/13 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 Police Department Main Building and Municipal Court, 321 John Sartain Street in accordance with Specification No. 1063. 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 Police Maintenance& Operations 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. 1063, or Contractor's bid offer to Bid Invitation No. BI-0161-13 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-0161-13 or Specification No. 1063. 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: Police Maintenance & Operations Superintendent P.O. Box 9277 Corpus Christi, Texas 78469-9277 FAX No.: (361) 826-3395 IF TO CONTRACTOR: Contractor Name: ABM Janitorial Services — South Central, Inc. Contact Person: Attn: Ron Peden Address: 10521 Gulfdale City, State,Zip: San Antonio TX 78216 Fax No.: 866-502-4809 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 SHALL 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 �� day of , 20- Contractor: ABM Janitorial Services— South Central, Inc. Name: Ron Peden Title: Branch Manager CITY OF CORPUS CHRISTI Date: Michael Barrera Assistant Director of Financial Services Incorporated by Reference: Exhibit A-1: Bid Invitation No. BI-0161-13 (Includes Specification No. 1063 Insurance Requirements). Exhibit B: Bidder's Bid so 0 1k AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 Action Item for the City Council Meeting of July 30, 2013 DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com 361-826-3169 Floyd Simpson, Police Chief Fred Segundo, Director of Aviation floods cctexas.co fres cctexas.com 361-886-2604 361-289-0171 Kimberly Jozwiak, Director of Municipal Court Robert Rocha, Fire Chief kim er!yj cctexas.com rrocha @cctexas.com 361-826-2515 361-826-3932 F_ Law Enforcement Firearms & Accessories CAPTION: Motion approving the purchase of firearms and accessories from Smith & Wesson Corporation, Springfield, Massachusetts, based on sole source, in the amount of $91,395. Funds are budgeted in the Police and Fire departments' FY 2012-2013 budgets. PURPOSE: These .40 caliber Smith & Wesson Model M&P firearms and accessories will be issued to and used by law enforcement officers in the Police Department, Airport Police, City Marshal's Office and Fire Department. The firearms are duty pistols that are replacements, as are the accessories, and will be used to protect and serve the citizens of Corpus Christi, Texas. BACKGROUND AND FINDINGS: The Police Department, Airport Police, City Marshal's Office and Fire Department investigators are the four areas within the City that have law enforcement responsibilities. Only the Police Department and Airport Police are currently standardized on a single make and model of firearm, that being Glock. A total of 466 new Smith & Wesson .40 caliber M&P model firearms will be secured from Smith & Wesson, of which 247 will be purchased outright and an additional 219 will be traded in on a gun-for- gun, no-cost basis. Ultimately, each department will secure the following number of firearms: 435 Police Department (192 no-cost, gun-for-gun trade and 243 purchased outright) 20 Airport Police (20 no-cost, gun-for-gun trade) 7 City Marshal's Office (7 no-cost, gun-for-gun trade) 4 Fire Department (4 purchased outright) 466 Total Firearms All 466 holsters are included by Smith & Wesson at no additional cost. The 150 spare magazines will be purchased outright. Glocks were not available earlier this year when the Police Department needed to secure 41 additional duty pistols for its police academy cadets. Thus, the Police Department secured the required .40 caliber firearms from Smith & Wesson. Glocks are currently not available. In order to ensure interchangeability of parts and accessories, particularly magazines and ammunition in the event of a major incident, it is necessary for the Police Department to standardize on a single make and model of firearm. This purchase will, therefore, ensure all four areas of law enforcement within the City use a single standardized firearm. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: This purchase is exempt from the competitive bidding statutes as provided in Section 252.022 (7) of Chapter 252 of the Local Government Code: "a procurement of items available from only one source". 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: Police, Aviation, Municipal Court and Fire Departments 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 $241,829.73 $0.00 $241,829.73 Encumbered / Expended Amount $120,923.06 $0.00 $120,923.06 This item $91,395.00 $0.00 $91,395.00 BALANCE 1 $29,511.67 1 $0.001 $29,511.67 Fund(s): Police and Fire Departments Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION SMITH &WESSON CORPORATION SPRINGFIELD, MA Unit Extended Item Description Qty. Unit Price Price 1 M&P Full-Size .40 Caliber Pistol, includes 247 each $360.00 $88,920.00 Three Magazines- Purchase 2 M&P Full-Size .40 Caliber Pistol, includes 219 each $0.00 $0.00 Three Magazines- Gun-for-Gun Trade In of Existing Glock Pistols 3 Safariland Holster STX finish 466 each No Charge $0.00 4 M&P Full-Size .40 Caliber Spare Magazines 150 each $16.50 $2,475.00 TOTAL: $91.395.00 ® AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 " Action Item for the City Council Meeting of July 30, 2013 kPyNppP9PA;EO DATE: 7/23/2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ieb cctexas.co 361-826-3169 Robert Rocha, Fire Chief rroca cctexas.co 361-826-3932 Vehicles CAPTION: Motion approving the purchase of four (4) Chevrolet Tahoes and two (2) Ford Explorers from Caldwell Country Chevrolet/Ford, Caldwell, Texas for a total amount of $152,222. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC) and the State of Texas Cooperative Purchasing Program. Funding is available in the FY 2012-2013 of the Fire Department Fund. PURPOSE These six (6) vehicles will be used by the Fire Department for day-to-day work. BACKGROUND AND FINDINGS: All units are replacement units to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. 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: Fire Department FINANCIAL IMPACT: Project to Date Expenditures Fiscal Year: 2012-2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $175,000.00 $175,000.00 Encumbered / Expended Amount 0.00 0.00 This item $152,222.00 $152,222.00 BALANCE $22,778.00 1 $22,778.00 Fund(s): General Fund Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION PRICE SHEET SENIOR BUYER: GABRIEL MALDONADO TAHOES/EXPLORERS COUNCIL DATE: JULY 23, 2013 BUYBOARD CONTRACT NO. 358-10 SMARTBUY CONTRACT NO. CPA 071-A1/662B CALDWELL COUNTRY CHEVROLET/FORD CALDWELL, TEXAS UNIT EXTENDED ITEM DESCRIPTION QTY UNIT PRICE PRICE BUYBOARD CONTRACT 1. 2014 Chevrolet Tahoe 4 EA $26,461.00 $105,844.00 SMARTBUY CONTRACT 2. 2014 Ford Explorers 2 EA $23,189.00 $46,378.00 TOTAL: $152,222.00 Cyr 0 � AGENDA MEMORANDUM oPOaEO Future Item for the City Council Meeting of July 23, 2013 1852 Action Item for the City Council Meeting July 30, 2013 DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike (_cctexas.com (361) 826-3169 Michael Morris, Director of Parks and Recreation icaelmo cctexas.com (361) 826-3464 Purchase of Fire Alarm Systems CAPTION: Motion approving the purchase and installation of four (4) fire alarm systems from MCS Fire & Security, Corpus Christi, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $64,958.00. Funds have been budgeted by the Parks and Recreation Department in FY 2012- 2013. PURPOSE: To improve safety at the Greenwood, Lindale, Ethel Eyerly, and Northwest Senior Centers. BACKGROUND AND FINDINGS: The fire alarm systems are replacement systems that will include new wiring, control panels, sensors, smoke detectors, and temperature probes. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The fire alarm systems will meet all National, State, and Local codes. 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: Parks and Recreation Department 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 $122,843.00 $0 $122,843.00 Encumbered / Expended Amount $3,872.18 $0 $3,872.18 This item $64,958.00 $0 $647958.00 BALANCE $547012.82 $547012.82 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION FIRE ALARM SYSTEMS BUYER: GERALD GOODWIN TXMAS CONTRACT NO. 9-84060 MCS FIRE &SECURITY CORPUS CHRISTI, TEXAS UNIT TOTAL ITEM DESCRIPTION QTY. UNIT PRICE PRICE 1 Purchase and installation of fire alarm system at 1 Each $16,855.00 $16,855.00 Greenwood Senior Center. 2 Purchase and installation of fire alarm system at 1 Each $16,855.00 $16,855.00 Lindale Senior Center. 3 Purchase and installation of fire alarm system at 1 Each $12,709.00 $12,709.00 Ethel Eyerly Senior Center. 4 Purchase and installation of fire alarm system at 1 Each $18,539.00 $18,539.00 Northwest Senior Center. TOTAL: $64,958.00 Cyr 0 � AGENDA MEMORANDUM oPOaEO Future Item for the City Council Meeting of July 23, 2013 1852 Action Item for the City Council Meeting of July 30, 2013 DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ike cctexas.com (361) 826-3169 Gus Gonzalez, Director of Water Operations ustavoo cctexas.co (361) 826-1874 Water Truck CAPTION: Motion approving the purchase of one (1) 2,000 gallon Water Truck from Corpus Christi Freightliner, Corpus Christi, TX for a total amount of $88,800.00. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council. The equipment will be used by the City's Water Department. This unit is an addition to the fleet. Funds are available from the Water Department Fund No. 4010. PURPOSE: The Water Department's backfill crews require the use of a water truck to hydrate and compact stabilizing sand used in repair projects throughout the city. BACKGROUND AND FINDINGS: The Water Department is currently renting a 500 gal. water trailer at a cost of $800.00 a month to fulfill current needs. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Water Department 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 $10,176,298.34 $10,176,298.34 Encumbered / Expended Amount $9,833,966.67 $9,833,966.67 This item $88,800.00 $887800.00 BALANCE $2537531.67 $2537531.67 Fund(s): Water Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Price Sheet PURCHASING DIVISION HGAC #HT11-12 SENIOR BUYER-TOM RICHEY Corpus Christi Freightliner Corpus Christi Unit Extended ITEM DESCRIPTION QTY.I UNIT Price Price 1. 2013 Freightliner M2-70 truck chassis, 35,000 GVWR 1 each $88,800.00 $88,800.00 with 2,000 gal.water tank body TOTAL: $88,800.00 Cyr CO's � PH v AGENDA MEMORANDUM ��aRPO,a,E� Future Item for the City Council Meeting of July 23, 2013 1852 Action Item for the City Council Meeting of July 30, 2013 DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361-826-3169 Lawrence Mikolajczyk Director of Solid Waste Operations Law cctexas.com 361-826-1972 Hurricane/Storm Disaster Recovery Services CAPTION: Motion awarding a contingency service agreement with CrowderGulf, LLC, Theodore Alabama, to provide hurricane disaster recovery operation services, in accordance with Bid Invitation No. BI-0167-13, based on most advantageous proposal, for an estimated event expenditure of $62,620,440. The term of the contract will be for five years. PURPOSE: The contractor will provide emergency debris clearing and disposal services in response to a hurricane or other disaster that may impact the City. BACKGROUND AND FINDINGS: The contractor will provide initial roadway debris clearing; removal and disposal of debris; and collection, characterization, packaging, transportation and disposal of hazardous wastes services. The cost is based on responding to a direct hit of a Category 4 storm which will generate approximately 7,000,000 cubic yards of debris within the City limits. Pricing includes the cost of providing heavy duty equipment required to move large amounts of debris, work crews that will assist in the cleanup, dump trucks required to transport the debris to Temporary Debris Staging and Reduction (TDSR) sites, opening, operating and closing the TDSR sites, documenting the volume and types of debris removed from City ROWs and disposal of hazardous waste. The contractor will work in conjunction with City forces in responding to a major hurricane or disaster. This contingency or pre-position contract will minimize recovery time and maximize the opportunity for FEMA reimbursement. ALTERNATIVES: The City issued a Request for Proposal for these services. The recommended award is based on best value. CrowderGulf is also the lowest cost provider. OTHER CONSIDERATIONS: This contract will only be activated in the event of an emergency. Emergency declaration procedures will be performed in accordance with City policy and determined by the size and magnitude of the storm. The contract is structured to allow for activation for small isolated storms or tornadoes as well as a major hurricane. As a contingency contract, certification of funds is not required due the unknown cost of any particular event. CONFORMITY TO CITY POLICY: This award conforms to all State Statutes and City policies governing procurement activities of the City. EMERGENCY/ NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: Operating ❑ Revenue ❑ Capital X Not applicable (ENSURE THE APPROPRIATE BOX ABOVE IS CHECKED). 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: Funding for this contract will initially be drawn from reserve accounts but will likely be reimbursed by FEMA under their disaster recovery reimbursement guidelines. RECOMMENDATION: Staff recommends awarding the motion as presented. LIST OF SUPPORTING DOCUMENTS: Award Matrix City of Corpus Christi Award Matrix Purchasing Division Post Hurricane/Storm Disaster Recovery Operations Buyer: Michael Barrera July 23,2013 CrowderGulf Ceres Environmental D&J Enterprises Theodore,AL Houston,TX Auburn,AL Criteria Maximum Points Methodology 23 21.81 21.77 18.17 Profile 23 21.54 22.08 19.40 Exceptions 4 4.00 4.00 4.00 Pricing 50 50.00 48.56 48.69 97.35 96.41 90.26 Event Total $62,220,440 $64,471,610 $64,302,620 (7,000,000 Cubic Yards of Debris Removal) SERVICE AGREEMENT No. THIS SERVICE AGREEMENT (this "Agreement") is entered into by ;and between CrowderGul£ LLC (the "Contractor'") and the City of Corpus Christi;;a Texas home-rule municipal. corporation (the "City") effective for all purposes upon execution by the City Manager WHEREAS Contractor has proposed to provide Post Hurricane/Storm Disaster Recovery Operations Services in response to Request for Proposal No. BI-010- i3,which is incorporated once and attached hereto as Exhibit A;and WHEREAS the -City, has determined Contractor to be the most advantageous Proposer, NOW THEREFORE, Contractor and City enter into this Agreement and agree as follows.. 1. Services. Contractor will provide Post Hurricane/Storm Disaster Recovery Operations Services in accordance with Request for Proposal .No. BI- 01 67-13p which is incorporated by reference and attached hereto as,Exhibit A. 2. Fee for Services. The City agrees to pay the Contractor the rn ally agreed upon.fees as follows: THIS SECTION TO BE COMPLETED AS PART OF PROCUREMENTIIVEG"OTL4TIONP;Xi`flC'ESS, Fees are fixed and firm for the first full year of the contract. 3. Term. This Agreement commences on the date signed by the last signatory and shall continue for a period of five.years, subject to recertification annually. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of perrformance and :operations under this Agreement t including deductions for non-performance and authorizations for payment. All of Contractor's notices orr, corn munications regarding this: Agreement must be directed to the Contract Administrator, who is the Director of Solid WaAc Services. S, Independent Contractor. Contractor will,perforns 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 an employee of the City.: 29 6. 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)clays' advance written notice of cancellation,material change in the coverages,or intent not to renew any of the policies by certified snail, The City must be named as an Additional Insured. The City Attorney must be given copies of 911 insurance policies within fifteen (15) days of the City Manager's written request. Insurance requirements are incorporated herein in Request for Proposal No. BI-0167-13,.which is incorporated herein as Exhibit.A, and may be revised annually by the City Manager upon thirty(30)days' advance written notice to Contractor. 7. 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. 8. 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 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City,does not represent that the budget item for this agreement will be actually adopted, since that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waiver of any breach of any term or condition of this Agreement or Contractor's offer to Request for Proposal No. BI-0167-13 waives any subsequent breach of the same. 10.Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws, rules and regulations. 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 the State of Texas and the venue for such disputes is the appropriate district, county or justice court in and for Nueces County,Texas. 11. 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 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. 12,Amendments. This Agreement may be amended only by written agreement signed:by duly authorized representatives of the parties hereto. 30 13. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. lB1 167-13. Failure to keep all insurance policies in force for the enure term.of this Agreement is grounds for termination. The Contract Adr nistrator must give Contractor at least 5 work-days' advance 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, with or without cause, upon twenty (20) days' advance written notice to Contractor: However, City may terminate this .Agreement on 24-hours' advance written notice to Contractor for failure to pay or provide proof`of payment of taxes asset out in Section 14 of this Agreement. 14. 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 thirty (30)days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to terminate this Agreement after providing, 24 hours' advance written notice to Contractor. 15,Drug Policy, Contractor must adopt a Drug Free Workplace and drug testing policy. 16. Violence Policy. Contractor must adopt a Violence in the Workplace policy. 17. Notice. Notice may be given by fax; hand delivery or certified mail, postage prepaid,and is deemed received on the day faxed or hand-delivered or on the third day after deposit in the U.S. Mail, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Director of Solid Waste Services P. 0. Box 9277 Corpus Christi,,Texas 78469-9277 IF TO CONTRAC'T'OR: Contractor Name: CrowderGulff, LLC Contact Person: John Ramsay, 'resident Address: 54:35 Business Parkway City, State, Zip: Theodore AL ao 82 800-992-6207 i 31 f 18. Indemnification. CONTRACTOR .SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, EMPLOYEES AND A(EJVTS (INDEMNITEES) FROM AND AGAINST ANY AND ALL LIAR BILITY, LOSS, CLAIMS, DE112ANDS, SUITS AND CA RISES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER I X17VD OF DAMAGE, ;INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATT+O!RNETS'FEES AND EXPERT WITNESS FEES.WHICHARISE OR,ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF TL(IS 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 4)A� 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 FAYALL CHARGES OF ATTORVEYAND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS THE INDEMNI CATION OBLIGATIONS OF PROPOSER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THE CONTRACT. 19. Severability. Each provision of the Agreement shall be considered to be severable and, it for any ;reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or fixture 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.. SIGNED this 2nd day of July 2013, Contractor- CrowderGalf.LLC Signature Name: John Ramsav Title; President&COO CITY OF CORPUS MRISTI Michael Barrera Assistant Director of Financial Services 3 7 E 32 Incorporated by Reference: Exhibit A: Request for Proposal No.BI-0167-13 Exhibit B. Proposer's Proposal 33 ® AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 " Action Item for the City Council Meeting of July 30, 2013 kPyNppP9PA;EO DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ieb cctexas.com 361-826-3169 Laura Garcia, Interim Director of Libraries lauraga cctexas.co 361-826-7070 F_ Supply Agreement for Library Books and Recordings CAPTION: Motion approving supply agreements with the following companies for the following amounts, for library books and recordings in accordance with Bid Invitation No. BI-0173-13, for an estimated annual expenditure of $300,000. Awards are based on lowest responsible bid; providing for secondary suppliers for Group I and II. The term of the contracts will be for twelve months with an option to extend for up to four additional twelve-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Corpus Christi Public Libraries in FY 2012- 2013 and will be requested during the normal FY 2013-2014 budget approval process. Primary Secondary Secondary Baker & Taylor, Inc. Brodart Company Ingram Library Services, Inc. Charlotte, NC Williamsport, PA La Verqne, TN Groups: I - VIII Group: I Group: II Total: $290,000 Total: $5,000 Total: $5,000 Grand Total: $300,000 PURPOSE: The books and recordings are ordered by the Corpus Christi Public Libraries for inclusion in the City's public libraries. BACKGROUND AND FINDINGS: Contracts are established to provide for secondary suppliers for library books and recordings. The bidder who submitted the lowest bid per group is designated primary supplier. If the primary supplier does not have a particular group for library books and recordings in stock, the City will contact the supplier that submitted the 2nd lowest bid. This process is utilized to ensure the City has a readily available source of library books and recordings. 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: Corpus Christi Public Libraries 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 $452,244.16 $300,000.00 $752,244.16 Encumbered / Expended Amount $377,487.29 $377,487.29 This item 1 1 $0.001 $300,000.00 1 $300,000.00 BALANCE 1 1 $74,756.87 1 $74,756.87 Fund(s): Corpus Christi Public Libraries. Comments: No funds will be required for FY 2012-2013 budget for library books and recordings, however, funds 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. Bid Invitation No.: BI-0173-13 CITY OF CORPUS CHRISTI Library Books and Recording PURCHASING DIVISION Buyer: Gabriel Maldonado BID TABULATION Date: July 23, 2013 INGRAM LIBRARY BAKER&TAYLOR, INC BRODART CO. SERVICES INC. CHARLOTTE, NC WILLIAMSPORT, PA LA VERGNE,TN % Discount from % Discount from % Discount from ITEM DESCRIPTION Publishers List Price Publishers List Price Publishers List Price 1.0 GROUP I. BOOKS Estimated Annual Expenditure:$205,500 1. Trade Hardcover books 47.2% 46.5% 45.8% 2. Short discount(technical/specialized) 15.0% 12.0% 12.0% 3. Publishers library binding 27.0% 23.0% 20.0% 4. Single edition(reinforced or school ed.) 27.0% 40.0% 20.0% 5. University press publications 27.0% 12.0% 12.0% 6. Trade paperbacks 41.7% 40.5% 42.0% 7. Mass market paperbacks 41.7% 40.5% 41.5% 8. Net price(no discount from publisher) 5.0% 0.0% 0.0% Award $5,000.00 2.0 GROUP II. AUDIO-VISUAL MATERIALS Estimated Annual Expenditure:$38,000 1. DVD 28.0% 25.0% 27.5% 2. Spoken Word Books on CD 45.1% 42.0% 45.0% Award $5,000.00 3.0 GROUP III. STANDING ORDERS- Estimated Annual Expenditure:$7,500 Award QQ 4.0 GROUP IV. PRE-PROCESSING COST- HARDBACKS Award 21500.00 5.0 GROUP V. PRE-PROCESSING COST- Award 10 500.00 6.0 GROUP VI. PRE-PROCESSING-BOARD BOOKS Award 3 000.00 7.0 GROUP VII. PRE-PROCESSING-BOOK ON CD Award 3 500.00 8.0 GROUP VIII. PRE-PROCESSING-DVD&BLUE Award 10 500.00 Award Total $290.000.00 QQ 44 Grand Total $300.000.00 .4@US Ga 0 AGENDA MEMORANDUM N�oP©gyp EO Future Item for the City Council Meeting of July 23, 2013 1852 Action Item for the City Council Meeting of July 30, 2013 DATE: July 9, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com, (361) 826-3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com, (361) 826-3464 Resolution Supporting Destination Bayfront CAPTION: Resolution approving and adopting the Corpus Christi Destination Bayfront Master Implementation Plan, Schematic Design and the phasing plan outlined therein prepared by Hargreaves Associates for the Destination Bayfront Project ("Project"); directing staff to prepare an ordinance calling for a November 5, 2013 Election with language for a bond proposition to fund the construction of the Project; authorizing the City Manager or designee to execute Amendment No. 11 to the Professional Services Contract with Hargreaves Associates, Inc. in the amount of $1,936,300 and Amendment No. 2 to the Testing Agreement with Rock Engineering &Testing Laboratory in the amount of $102,500, contingent upon voter-approval of the Bond Proposition. PURPOSE: The purpose of this Agenda Item is to direct staff to develop an ordinance for a November 5, 2013 General Obligation Bond Election to include the Destination Bayfront Project, adopt the project's Master Implementation Plan, schematic design and phasing plan and approve an Amendment and Testing Agreement to facilitate the completion of the design phase conditional upon the passage of the project in a General Obligation Bond election. BACKGROUND AND FINDINGS: Hargreaves Associates, Inc. (Hargreaves) was selected for this project as a result of RFQ No. 2011-04 Bond Issue 2008. The Master Implementation Planning and Phasing contract was approved by Council on December 13, 2011. The contract provided required planning, architectural, and engineering services to develop park and recreational facilities along Shoreline Boulevard. On February 19, 2013, a presentation on the Master Implementation Plan and Schematic Design for Destination Bayfront was made to City Council for their review and consideration. The presentation included information on project cost by phases and capital funding strategy. The proposed cost of the project includes: Phase One: $53,400,000 Phase Two: 15,700,000 $69,100,000 The Capital Financing for Phase One includes: Phase 1 Cost: $53,400,000 Minus 5,500,000 Existing Public Funding Minus 3,300,000 Supplemental Funding $44,600,000 to be funded from a General Obligation Bond Election AMENDMENT#11 BACKGROUND: This contract will authorize Hargreaves to proceed with the next phase of the project, the Design Development phase. Hargreaves will provide design development documents for the entire Destination Bayfront site. Services to be provided Include surveying, civil and structural and electrical design for the entire site, landscaping, water feature design, lighting design and signage strategy for the entire site, architectural, structural, mechanical, electrical, and plumbing for buildings. This project will include an allocation for Public Art and design of site integrated artwork up to $700,000 in value, as per City's 1.25% requirement. The design team will work with the client group to select an artist. Staff is asking the Council to approve Amendment #11 with Hargreaves Associates, Inc. in the amount of $1,936,300 at this time. A notice to proceed with design services will not be issued unless the project is approved by voters during a November 2013 Special Election. The required Geotechnical Services contract with Rock Engineering, if approved by Council today, will not be authorized unless the Destination Bayfront Proposition is approved by voters in November 2013. ALTERNATIVES: 1. Approve the Resolution as recommended. 2. Do not execute the Resolution as proposed. OTHER CONSIDERATIONS: This project is being designed in conjunction with the Bayfront Development Phase 3 Project approved by voters in the November 2008 Bond Election. Under this project, the northbound traffic lanes of Shoreline Drive will be realigned to become adjacent to the southbound lanes thereby creating a large green space along Shoreline Boulevard from Furman Avenue to Coopers Alley. This project recently bid and is pending review and construction contract award. CONFORMITY TO CITY POLICY: Conforms to City policy regarding Resolutions approved by City Council and the amendments comply with the Professional Procurement Act and City Policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $2,727,800.00 $3,746,200.00 $8,798,800.00 $15,272,800.00 Encumbered/Expen $2,727,800.00 $2,727,800.00 ded Amount This item $1,936,300.00 $1,936,300.00 (Hargreaves) This item (Rock $102,500.00 $102,500.00 Engineering) Future Anticipated Expenditures This $1,707,400.00 $8,798,800.00 $10,506,200.00 Project BALANCE $0.00 $0.00 Fund(s): Bayfront Development CIP 2008 RECOMMENDATION: City Staff recommends the approval of amendments. LIST OF SUPPORTING DOCUMENTS: Resolution Location Map Amendment No. 11 with Hargraves Associates, Inc. Amendment No. 2 with Rock Engineering Resolution approving and adopting the Corpus Christi Destination Bayfront Master Implementation Plan, Schematic Design and the phasing plan outlined therein prepared by Hargreaves Associates for the Destination Bayfront Project ("Project"); directing staff to prepare an ordinance calling for a November 5, 2013 Election with language for a bond proposition to fund the construction of the Project; authorizing the City Manager or designee to execute Amendment No. 11 to the Professional Services Contract with Hargreaves Associates, Inc. in the amount of $1,936,300 and Amendment No. 2 to the Testing Agreement with Rock Engineering &Testing Laboratory in the amount of $102,500, contingent upon voter-approval of the Bond Proposition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Destination Bayfront Master Implementation Plan prepared by Hargreaves Associates, Inc. ("Hargreaves") for the Destination Bayfront Project is approved and adopted. SECTION 2. The Schematic Design ("Destination Bayfront 100% Schematic Design") prepared by Hargreaves for the Destination Bayfront Project, including the phasing plan outlined therein, is approved and adopted. SECTION 3. Staff is directed to prepare, for City Council's consideration, language for an ordinance calling a November 5, 2013 Special Election that includes a bond proposition to fund the construction of the Destination Bayfront Project (the "Bond Proposition"). SECTION 4. The City Manager or designee is authorized to execute Amendment No. 11 to the Professional Services Contract with Hargreaves in the amount of $1,936,300.00 for continued services for the Destination Bayfront Project, contingent upon voter-approval of the Bond Proposition. SECTION 5. The City Manager or designee is authorized to execute Amendment No. 2 to the Testing Agreement with Rock Engineering &Testing Laboratory in the amount of $102,500 for professional testing services related to the Destination Bayfront Project, contingent upon voter-approval of the Bond Proposition. 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 \Mproject\councilexhibits\exhBoyfrontBuildout bw.dwg _j :. Art nt E`w;. MINE 0PRAt Sherrill Park Parking Puma North r f Great Lawn/ Festival Area Prtr Area jo f Promenade i Parking Plaza South Ner o1 Family Area r Beach Peep Expl rational Play Area J McGee Beach M M,A "Not ratcluel in current scope y Destination Bayfront CITY OF CORPUS CHRISTI, TEXAS Build out DEPARTMENT OF ENGINEERING SERVICES C vw , <r r AMENDMENT NO. 11 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Hargreaves Associates, hereinafter called "ARCHITECT", agree to the following amendment to the Contract for Professional Services for Ba front Develo ment Plan Phase 3 (Proiiect No. 6511) as authorized and administratively amended by: Original AIE Agreement December 13, 2011 Motion No. M2011-292 $1,315,137.50 Amendment No. 1 September 28, 2012 Administrative Approval $26,570,00 Amendment No. 2 October 24, 2012 Administrative Approval $16,440.00 Amendment No. 3 November 7, 2012 Administrative Approval $48,840.00 Amendment No. 4 November 14, 2012 Administrative Approval $49,100.00 Amendment No. 5 December 4, 2012 Administrative Approval $39,650.00 Amendment No. 6 December 27, 2012 Administrative Approval $45,720.00 Amendment No. 7 January 16, 2013 Administrative Approval $25,805.00 Amendment No. 8 February 4, 2013 Administrative Approval $33,280,00 Amendment No. 9 April 22, 2013 Administrative Approval $0.00 Amendment No. 10 June 7, 2013 1 Administrative Approval $20,000.00 In the original contract, EXHIBIT "A", SCOPE OF SERVICES, DESIGN DEVELOPMENT shall be amended to include additional services as shown on the attached Amendment No. 11, Exhibit"A". In the original contract, EXHIBIT I'D", SUMMARY OF FEES shall be amended as described in the attached Amendment No. 11, Exhibit "A" for a revised fee not to exceed $1,936,300.00 (One Million Nine Hundred Thirty Six, Thousand Three Hundred Dollars and zero Cents), for a total restated fee not to exceed $3,556,892.50 (Three Million Five Hundred Fifty Six Thousand Eight Hundred Ninety Two Dollars and Fifty Cents). Invoices to be submitted monthly in accordance with Exhibit"D". All other terms and conditions of the Contract and Amendments between the City and Architects will remain in full force and effect. CITY OF CORPUS CHRISTI HARGREAVES ASSOCIATES 2 V. 7013 Oscar R. Martinez Date Mary Ma aret Jones ate Assistant City Manager Presiden 970 Tennessee Street San Francisco, CA 94107 (415) 865-1811 Office (415) 865-1810 Fax RECOMMENDED Daniel Biles, P.E. Date Director of Engineering ENTERED G �� l is el Morris Date JUN 14 2013 Dire for of Parks and Recreation OONTRACT MANAGERS, K:lEngineering DataExchange4ClarissaJlParks 16519-Bayfront Development Plan Phase Mmendmenf No.1 ME AGREEMENY.docx i f it APPROVED AS TO FORM Project Number:6511 Funding Source:550950-3126-00000-170678 Office of Management and Budget Date Fund Name: Bayfront Development 09 GO CIP Encumbrance Number: Legal Department Date ATTEST Armando Chapa, City Secretary Date K3Engineering DatsExchangelClarissaJlParks16511-Rayfront Development Plan Phase 3tiAmendment No.114AE AGREEMENT.docx E DESTINATION BAYFRONT HARGREAVES TEAM SCOPE OF WORK o6/i2/2013 Lead Consultant Professional Services for DESTINATION BAYFRONT Additional Service #tt Background The City and the Destination Bayfront Executive Committee have approved the Concept and Schematic Design for the Destination Bayfront project,which includes the following primary areas: Promenade and Beach Ramp Terraces, Explorational Play Area, Family Area, Zocalo, Pier, Marina Basin Improvements, Parking Plaza South, Great Lawn, Parking Plaza North, and Sherrill Park. As the next step in the design process, Hargreaves Associates ("the Architect") will provide design development documents for the entire Destination Bayfront site. Hargreaves Associates will also provide field studies as described below. A.Anticipated Design Expertise includes professional services listed below. Hargreaves Associates will lead the Design Team and Client interface, and will retain and direct the services of registered professional consultants for all services other than landscape architecture, i. Topographic Survey 2. Landscape Architecture for entire site 3. Soil Science (specifications) for planting and load bearing soils 4. irrigation for entire site 5. Water Feature design and engineering for 2 water features 6. Lighting Design for entire site 7. Signage Strategy for entire site. Signage design to occur in future phases. 8. Civil engineering for entire site. 9. Structural Engineering for entire site and relevant assessment of existing structures as needed for construction. io. Electrical Engineering for entire site i1. Architecture for 15 shade structures, beach caf6, park arrival office building, 3 restrooms, 1 changing shelter, and 17 retail /vending shops. Architecture is modular and includes repeating components. 12. Structural, Mechanical, Electrical, and Plumbing for buildings listed above 13. Assessment of LEED or Sustainable Sites certification (level of effort, associated cost, feasibility, project goals), and advancement of selected sustainable opportunities. Destination Bayfront Corpus Christi,Texas CD8 1101 6/12/2013 Page 1 EXHIBIT"A" of 4 DESTINATION BAYFRONT HARGREAVES TEAM SCOPE OF WORK o6/12/2013 14. Public Art: design of site integrated artwork up to$700,000 in value (per City's 1.25% requirement). The design team will work with the client group to select an artist. 15. Cost Estimating and Phasing Plan Refinement for entire site 16. O&M budgets and consulting. 17, Presentations&Meetings with Destination Bayfront Advisory Group, Stakeholders, and City Staff: Hargreaves Associates will lead all primary client group meetings, and will involve key consultant team members as appropriate. Hargreaves Associates may authorize consultants to lead small working group meetings as appropriate. 18. Team and Project Management: team coordination, meeting agendas and meeting notes for primary client group meetings, and project schedule (including milestones for key City and Public communication). Schedule assumes weekly calls with City Project Manager and monthly calls with Destination Bayfront Executive Committee, B. Hargreaves Associates does not assume responsibility for the work of others not under contract to Hargreaves Associates in the production of construction documents and the sufficiency thereof necessary to the execution of the work. PROCEDURE Task A: Design Development Duration: 6,5 months following authorization to proceed Hargreaves Associates shall provide design development phase services per the Primary Agreement executed on Dec. 13, 2011. Deliverables: • 5o% Design Development Drawings, Outline Specifications and Cost Estimate • l00%Design Development Drawings, Draft Specifications and Cost Estimate • Updated O&M budgets or consulting at 5o%and l00% DD • Graphic presentations at 50%and l00% DD to convey design development • Narrative project descriptions, graphics, and cost estimates to help the city secure supplemental funding for Type A and MPO projects Trips and Meetings Trip and meeting schedule to be determined, but assumes three 3-person trips of up to two working days each in Corpus Christi: • Destination Bayfront Executive Committee Meeting#1: Presentation of 5o% Design Development • City Staff and Department Meetings • One trip to include a final Public Presentation Trip and meeting schedule also assumes two 2-person trips of one working day each in Corpus Christi. Destination Bayfront Corpus Christi,Texas CDB 1101 6/122013 Page 2 EXHIBIT"A" Page 2 of 4 DESTINATION BAYFRONT HARGREAVES TEAM SCOPE OF WORK o6'12/2013 • Consultant Team Coordination • Agency Meetings ADDITIONAL SERVICES A. The following Additional Services shall be provided on a time and materials basis using consultants' current rate schedules. Hargreaves Associates includes a 5%fee for all sub consultant management and coordination. B. Additional Services include but are not limited to: 1. Coastal Permitting including USACE meetin g , preliminary reliminary fieldwork and preparation i of separate documents towards ermittin effort. P g 2. Stormwater quality management and technical documents for work beyond the site. 3. Master Planning Reports/Document Preparation/Publishing not identified in the included scope of work. 4. Additional Professional Services/ Sub-Consultants such as Financial Consulting and Public Outreach. 5. 3D Presentation Models, Professional Physical Models,Additional Presentation Graphics (Renderings) or Fundraising Materials 6. Changes and Additions to approved Site Features. 7. Revisions and changes due to incorrect survey or geotechnical information provided by the Client. 8. Expenses incurred in the interruption and resumption of Hargreaves Associates' services, upon resumption of services, if the project is suspended by the Client for more than 30 consecutive days. g. Work extending past the duration described in the Agreement. io. Additional trips beyond those listed in the Agreement. n. Phased Document Sets 12. Construction Documents and Services during Bid and Construction. EXCLUSIONS TO SCOPE OF SERVICES Client shall provide the following information or services as required for performance of the work. Hargreaves Associates assumes no responsibility for the accuracy of such information Destination 8ayfront Corpus Christi,Texas CDB 1101 6/122013 Page 3 EXHIBIT"A" Page 3 of 4 DESTINATION BAYFRONT HARGREAVES TEAM SCOPE OF WORK o6/12/2013 or services and shall not be liable for error or omissions therein. Should Hargreaves Associates be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as Additional Services. A. Geotechnical report. B. Environmental soils testing and remediation. C. Legal descriptions of property. D. Overhead aerial photographs at controlled scale. E. Assessment of existing site engineering other than that necessary for new construction. F. Permitting Related Scope: 1. Detailed negotiations, requests for supporting information or investigations beyond information typically provided in a standard permit application while agencies review applications, Memoranda of Agreements (MOA) regarding cultural resources, permit fees. 2. Investigations to support an environmental impact statement, phase it environmental assessments, phase II archeological assessments, underwater aquatic resource assessments, underground utilities not visible by surface appurtenances or by One Call paint markings, right-of way surveys, property appraisals, relocation assessments. G. Securing funding or grant writing. DEVELOPMENT BUDGETS A. Upon signing of the Agreement, a proposed development budget for all items of work under the Scope of Services shall be established and approved in writing. This proposal assumes that the total construction budget is$52,000,000, per reduced cost revisions to the100%Schematic Design cost estimate. FEES AND TERMS Services described above shall be provided for the fixed sum of US $1,828,413 in accordance with the terms and conditions of the Prime Contract which is incorporated and made part of this Agreement by reference. Reimbursable expenses will not exceed US $107,887 without further authorization. END OF PROPOSAL Destination Bayfront Corpus Christi,Texas CDB 1101 6/12/2013 Page 4 EXHIBIT`rA" Page 4 of 4 8 8 p8pqo $ $ S ° S $ opSpS4P8S888p 8 SSSSS888 a 8800 $ 88 �° W tl O O pO� QOp pop O O N JOi $ N n 8 H ❑ $ ❑ m O a {❑p $ $ 7i O N r m Vi H'� yON� f IG f N rNV+� O1 di .�+ ti�n 11N�� yhy F O Im- 1- W F^ `pp`H P NmN N ✓rye ry laa F pmv n N �O O {Mp i 1. 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ROU , � Fa � C �rvd f t'3 y a U' a£i V• .ca m y n 'E E v u ••5 'rr a s n °� a d o c cv cl � 043 � awda ; ° �� � 9p� =" ° tq EXHIBIT B if r9 °4 a Ca `�° d E 1t � ii3 Page 2 of 3 r 00 O O Ln O M r� O rV -' n (DD 0000 en 00 ko to, Ln H- 'L4 ° rn LA ,i CA %.4 °O °o 0 °o 0O 6 Q0 0 coo 0 0 Z n cD W M M ❑ 00 1 O M M Z n if} ri W t4 �i Q C? O O O W ro E z o ° °V - i°n Lnn v, `Fu E 0.r e� er 3 > O a Le .° lLA J ❑ 0 L .M O CL LL O W i!} Q c ~ Q o a L `o °o. °a °o °o ALA a aG 0 0 N 00 r: ' Z Ln en N Ln r_ Z V M N Q _ O 0 rq N L t V � a CL. U LL � 3 O d E E •O Y d OC be t m O H 01 M 4J = CL Z O J O Q. w d C O O r c ❑ (D > J tw W , WH m G1 O 47 bA � ❑ ❑ V1 ❑ VI L" m v u° N N N 4J 41 LLI ro ro O O G H H H H =EXHIBIT " 3 AMU muwvw,uou chy of--- CITY OF CORPUS CD8]S[i ofhm DISCLOSURE ��l� ��1rlR�K �1P ���~ ��»�»� � [h6,U 'm� 'u`�� `�� uu, u/w«��� � Ckv or caps chii so Ad lance 17112,nxmoundod rvquhe«N| lwrsoms or firnis seek ing to do hun with the City to provide the/m| nm��vNe. nxmnur with "NA".' See reverse yi8e [or P|)iog komnirmuumn^ all at duDob1oun, C0N1PA jNfM.A MK, 11nrgli-emes Associates p, 0. Dok S�l`&;��1 ADDRESS: 0701[ooxoxvuoSkcu[ ClTl'/ S»oF/��»«|»»» C6 ��y�� 94107 FROM IS: |. Corl)ol'atioll E| J. Paraler'ship [ \ l 8W*Owoor r� 1, Association �� S. nUv, �1 �� 0lSCLOSDRD QUESTIOW l[mNkiou*|sluice iauvcesuo Wnue use the reverse side is page u,ukxoboe|vonteshuel. i. State the om000 u[ each ''#np|nyoo^^ o[ the Ck, o[(:orpom Christi having an ^'omnurnh{p inter ut" cnosU\o1A8]%or mo/uu[Uhcuv/ncmbip in the above npmed~finn." Nam(! Job TiUa and City [Jepxnmeo((if kno*n) _ 2. State the mnnrx n[ cw:h MFGciw|^ of (lie City of Corpus Chhsh having an `b�ormbip b�c/"x ^ ooxoiko<iV8 }��ovmom o[U^c ownership in the ohwvvommrd ^�rn(' Ibmo Th|e J. siutoU'cnnowoo[eoei, "hoxrd item hcr ofdmC1 nfcm� having onvov/numhiph�omy�` oum�u/Uog 3��vrmo#o[Uvyownmmh' |uthe^hokuunn68`'Onn." Name Bomv|^ Cmnmius|mn orCummkh:v ......... ____-_______-- 4. S&`m the o:mcn o[ each ump wycc or ofAccr or x 'vouoo|(oo[ IN Me C\(y o[[o C| �xh v��o wodxJ on Ucr m�nhzd the h{S Cnubn*\ mx] hwo ox 'ow�*mh|p 1mo�o/'' uw)»'i�x�^ 3%o«mun:o[the ownership influ above oumcd^'0rn .'^ Name [o�okmn _....._-___-___'..... ......_____-__-__'_-_-_--___' ---------------............ ............—....—......................... .........— '------------------- e FILING,I;iFQUIT�I�.il�.E,,Ni TS If ;I pet,ml who rt;elltcsts aflWWI action can a ntlltter know,; dial the req>tested mmi in will ccsnlr stn ecortornlc benefit on any City off iciill or cu ployce that is distingu'ts swe from the eftcet that the action +'ill have m members oC tlsc,Jmlblic. in seu8ra Ora Substantial segrnma tI1CYlol;you Shall disclose filial:filet in a si�,llQ(i %vi-iting to flit City official. ciliployee or body Ihrtt has Iscen requested to act A lilt; ninuer, tuticss the intcmm of the City c1I'f"tei11l nr empJoyce in the matter is apparem. The disclmure shall al"o be made 5 a signed wrkkg nWd w4h the City Sec.tuho% (1 thics ChAirtance Section 3140 (d)] CF,10 IIEICATI(: N I certil-y tllat all information Provided is trite and correct as of the date of this sunienictlt, that I IlilvQ lion ltnot�rtilt�p,ly withheld disclosure of any iltiorm.ttion locluested-, and thou suppimenw! st�►tc►ncltts mill he I lnptly An hWd to Me City 13I'C:'ol•pus Christi,'Te-vis ai chtinge5 occur. C:cI HQ Ing pmmn: Avvk l�j 'l'itic: /— . SigmHum of Cet•d ying Date: /���� •�,� Poison: ___ _. '� . ...........:. 1. _� m....,..w,.,..W. DEHNI'l IONS a. "Boardtmembcr." A member of any board. uminni,,sdon, or cornmillev ,appointed bl- ><Ite C.`itti: coul lei I of the City cif Corpus C11 risti, 'I'mis• b. `Fxonomie benefit". An ttc:tion dmi i5 likely to affect an economic interest if it is likely to hazre art effect on that interest thar is distinguishable fiord its effect on members of the public itt general m- a substmaial sepmem thorcol. c. "linlllloyee:" Any porwn ertiloyea by the City or Col-pus Christi, "IlKa5 either can it full or part- time WE but not,,is art inclepcndcttt co.utrac ar. I SKY Y Any entity operated l-err economic; min, «lhetller professional, industrial or Coil]Inercial, and s�Iletlier mabIish.cd to pmduct� tar deal with a product or servi x, including:but not limited 10,entities operated in the forlll of sole propritCarship, as 4wll•-employed person, partnership, corporaiion. joint stock cmupmyq joint venlure.. mceiversltip or uust< and entities \vhich for purposes oi' taxatioll �Irc treated as inill-profit orgollixations. c: "UfficWT The' tMayor, tneniben3 of the City Coluteil, City WtrRgU, Deputy City fvlttrlager, Assistant City -Marlogers, Depa-itnlent and Iat don I"IeIIdS, awl Municipal Quirt,llidgm c►:f thlrChy of Corpus Christi,`I`exas. f, "Ownuship lntorost." Legal or equitllblc interm w hclher aoually; or commnictivuly held, in a lirirs, including when ;Inch intere=m is held through tan tlgCllt:, trust, estt;lc:, al• 1101ding erility. "Collstl•tletiVely held" refers to holding's or control establislied through voting trusts. proxies, or gWCW terms of ventlli'c`-oi'Partnership agrecillonl,s." I "(1mmilmm"Any= posmi or Jkm, smh as c.Nomem and ttrcliiteets, hired by the City ofCOrplts Christi for the purpose of professionlil consultation anti reckininienciat ion. . .................... PQJ 2of2 r 0 0 0 0 0 0 0 0 0 0 0 0 0 a ti 0 0 0 0 0 0 0 0 us 0 co � a , E as d a U c c e e a o 000 0 x 000000 00 Q 0 a t- N N N vc� 6S- a s o0 (D (D O o O O ❑ ❑ o� 00 O 00 o . `O LO LO r- 60a V)- CL 4a -p q) 64(D Q o 0 P" c) C)a O o 0 ❑ ❑ c) 0 o o O .v o H Em- � � r' M a � o h -0 to 0 T 0 V ❑ Cl to e^ LO to _ U r OTD 89 T m m M L1" N N ~ ~ M C M W c o T ,O ' C 61} 6R 6g } 69 L) w CM CD Q�1 Q O Q C . Q� O 0 0 0 0 © © V 0 � Q Z Z a a m � 2o V y'oo � E o a.c a O� 00 69- 0 0 0 0 0 ° ❑ ° o ° Om w E I-- M 0 W 0 r 0 0 o 0 c0 y r T CO Q bg p 0< r-- co Nt r NC7 LO 0 N co U � rn N c N CO C LL U V N N a N N O % � 8 a) a . (1) o L1 c CO f) M Q Li U1 �- an d its c c c b ro v �' C Q ca U) o 0 •y .9 .m a. 0 �a L a ° � Q E EPage it"D" m ci 0 m w U rn 'cc of 0 v c i c j m Q � 9 of 1 AMENDMENT NO. 2 TO AGREEMENT For Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer") and ROCK ENGINEERING & TESTING LABORATORY INC., a Texas corporation or partnership (1 LABrr) acting through its duly authorized representative who is Curtis A. Rock Business Develo meet Mana er which agree as follows: Original Testing Agreement February 8, 2011 Administrative Approval $6,890,00 Amendment No. 1 February 18, 2013 Administrative Approval $3,400.00 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Bayfront Development Plan, Phase 3 (Project No 65111 ("PROJECT"). 2, SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A". Monthly invoices will be submitted in accordance with Exhibit"B" 3. FEE: The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed 102 500.00 (One Hundred Two Thousand Five Hundred Dollars„and Zero Cents) for a total restated fee not to exceed $112,790.00 One Hundred Twelve Thousand Seven Hundred Ninety-_Dollars and Zero Cents). CITY OF CORPUS CHRISTI ROCK ENGINEERING &TESTING LABORATORY CAVI - � Oscar R. Martinez (Date) Curtis A. Rock (Date} Assistant City Manager Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office RECOMMENDED (361) 883-4711 Fax Daniel Biles, P.E. (Date) Director of Engineering Services Project Number: 6511 (, 2 Funding Source: 550920-3126-00009.170678 Millael Morris (Date) Fund Name: Bayfront Develoment 09 GO Clp Director of Parks and Recreation Encumbrance Number: APPROVED AS TO FORM Office of Mgmt and Budget (Date) ENTERED ATTEST JUN 18 2013 Armando Chapa, City Secretary (Date) CONTRACT MANAGERS' K,IEngmering DalaExchangelClarissaJ4Parks16511-Baylronl Development Plan Phase 34Tesling Agreement Amendment No.2-Rock Hngineering\TFSTINppCUHMENT- Amendmcnl No.2 docx i GEOT13CHNICAL ENGINEERI' G tip' �yv 9 CONSTRUCTION MATERIALS ENGINEI,RING&TESTNG 4 SOILS•ASPHALT«CONCRE"t"1 October 23, 2012 Hargreavcs Associates 398 Kansas Street San Francisco,California 94103 Attention: Mr. Erik Hanson SUBJECT: PROPOSAL TO P :WfORM A SUBSURFACE INVESTIC;AT ON AND LABORATORY TESTING PROGRAM AND PROVIDE FOUNDATION AND PAVEMENT RECOMMENDATIONS FOR THE PROPOSED DESTINATION BAYFRONT South Shoreline Boulevard Corpus Christi,Texas RETL I'ro osal Number: P1002.12A (Revision No. 1 Dear Mr. Hanson, Rock Engineering and Testing Laboratory, Inc. (RE`I L) C1'BPE, Firm No. 2101) is pleased to submit the following proposal to perform a subsurface investigation avid laboratory testing program and provide foundation and pavernent recormaendatioils for the proposed Destination Bayfront project to be constructed near South Shoreline Boulevard located in Corpus Christi, Texas. Based on the information provided to RY1 1, the project will include the construction of a new bayfr•ont recreational area along the existing seawall and marina. The project scope is based on the inforrnatiorj 6 provided in the l00% Schematic Design Key flail dated October 19, 2012. The proposed bayfront will include upgrades and reconstruction of the existing seawall, addition of multiple restaurants, retail buildings and entertairunent structures, upgrades to the existing; Sherrill Park and dredging of the existing marina basin. The proposed buildings and structures are expected to have cave freights of approxintrrtely 18-feet and utilize wooden timber pile foundations. The dredging depth of the marina is unknown at this time. A pier approximately 60-feet in width by 250-feet in length will also be constructed near the existing beach and bulkhead. The pier is expected to include multiple retail buildings and shade canopies. Sheet failing will be utilized for stabilization of the existing beach along the proposed pier. Additionally, parking; and drive areas will be constructed to facilitate mainly passenger vehicles and light trucks. Light pales and sitting areas will also be constructed throughout the site. It is understood that existing structures and pavements will be demolished and removed from the project site. The proposed structures and parking and drive areas may be constructed within the vicinity of the demolished structures. ROCK ENGINEERING &'TESTING LABORATORY, INC, 6$17 LEOPARD STREET o CORPUS CI-ImST1,TI'XAS 78409 OFFICE: (361)883-4555 • FAX: (361)883-4711 o www.rocktesting.coni EXHIBIT"A" Page 1 of 4 Page 2 oF4 PROPOSED DESTINATION RAYFRONT October 23,2012 South Shoreline Boulevard;Corpus Christi,^rexas Alcor:,Mr.Eric Manson RETL Proposal No.; P 100212A(R-cvi sion No, 1) Based on the project description provided above and 11.1 TL's experience with soils in the vicinity of the project, RETL proposes the following;scope of work: PROPOSED S'MUCTURE NO.OF BORING$ BORING IANVAR PER STRUCTURES DEPTH ft 1C')a I,r l'ro asecl l'la Area Villa e South ._ __ 1 _ 100 100 i — —1'ro�osed 1'I r&(a 'villa e North 1 100 100 -- Pr—oLx sed localo, Pier & 5ta i_—_ 2 - ___...1.00 _.__...._.... . 20o i Proposed Sherrill l-FUIE-Ville_ige_._._.__.__ ___ _ .----..__._._.. 1Q0 2 p _..___.-__ ra ased Parking/Drive Areas 7 S BuildiiLg. ootprint/Landward Structures 12 S0 60 Marina Basin 5 l00 SUM OF LINEAL FO0TAGE � 1, 78 The boring depth for the Building footprint/Landward Structures was determined using; previous experience with soils in the area. Marina Basin boring depth was determined on the assumption that the marina would be dredged to a depth of 10-feet. The scope of work is otalined below. Sco a of Me Proposed Subsurface Irrves#i atlotl a RETL requests that the boring location is staked in the field prior to the held investigation or a site plan is provided to RI TL showing; the proposed structure in reference to existing predominate site features to aid RETL in locating the boring;in the field. d Coordination with Texas One Call will be performed by RETL to identify underground utilities in the proximity of the boring locations. 'me borings will be relocated if necessary. A The client shall perform due diligence to assure RETL that the boring locations are accessible and - clear of obstructions, such as fences, shrubs and trees. `rhe boiings will be relocated if necessary. 4 A truck mounted drilling rid;will be utilized to access the boring locations. Soil samples will be obtained at predetermined depths, unless subsurface conditions warrant additional sampling;. ® The borings will be advanced to the depths specified above, Disturbed soil sa11•tples will be obtained employing split-barrel sampling procedures in general accordance with the procedures for "Penetration Pest and a3pli1-Barrel sampling gf'Soi]s, (AST.M D1586)." a Undisturbed soil samples will be obtained using thin-wall tube sarnpling procedures in accordnzlce with"Thin balled Tube 8aml,2ling r3fSoils. (ASTM D1587)." The shear strength of cohesive sails will be estimated using a hand penetrometer, s Standard penetration tests(SPT)will be recorded in granular oils. 9 Sampling and testing at the marina basin will be performed in water €eptlxs of approximately 2 to 7- feet.. o The marine borings will be extended to the depths specified above below the water surface at the time of the field investigation or upon refusal of the soil sampling device, 0 E,.11.will provide a 3-man crew and beat to perform the proposed marina borings. ® RETL will perform limited soil sample collection by means of a sediment sampler at each marine boring location. ROCK ENGINEERING&TESTING LABORATORY, INC;. 6817 LLOPARD STREET.CORPUS CHRISTI,TEXAS 78409 OFFICIO (361)883-4555 FAX: (361)883-4711 D www.roc;ktosth)g.c€m EXHIBIT"Al Page 2 of 4 r Page 3 of PROPOSED DESTINATION BAYf+RONT October 23,2012 South Shoreline Boulevard;Corpus Cl'rr•isti,Texas Attn:Mr. Bric Hanson RETL Proposal No,: P100212A(Revision No. 1) • GPS coordinates, obtained in the field at all sample locations, will be recorded using a c01-1lrllercially available Garmin handheld GIIS model Etrex Venture usingNAD 83 rllap datum. • Groundwater readings will be obtained during drilling and immediately upon completion of the drilling operations. After obtaining the delayed groundwater readings, the open boreholes will be backfilled with excess soils obtained during the drilling operations and patched with asphalt cold patch mix d.r eucocrete, where applicable. SeoVe of Laboratmi,Testing Pt-ogram • Supplementary Visual Classification (ASTM D2487) • Water Content Tests(ASTM D2216) • Atterberg Limits "rests(ASTM D4318) • Unconfined Compressive Strength Tests(ASTM D2166) • Percent Material Finer Than 'T'he 4200 Sieve Tests(ASTM U 1140) • Grain Sire Distribution/Particle Size Analysis of Soils(ASTM D422) All phases of the laboratory testing program will be performed in general accordance with applicable ASTM Specifications. All field and laboratory test results will be included on the boring logs or provided in the report, Proiected Schedule After authorization, it is estimated that the drilling operations can be completed within 12 to 15 days and the final report will be submitted within four weeks of the completed fieldwork-, R.TL will consult with the engineers as field and laboratory test results become available_ Geotechnical Enaincering Report In addition to the field and laboratory testing, a gootechnical engineering report will be prepared that includes a description of the field exploration and laboratory tests, boring logs, a disoussion of the engineering properties of the subsurface materials encountered and foundation and pavement recommendations. The report will include items indicated in the memo titled Destination T3ayfront Request for Gecrtechnical Information provided by Mr. Larry Rickets, P.E., representing; Datum Engineers, Inc. Trees and Limitations The total fee to perform the scope; of work outlined above is$102,500,00. Additional drilling,if required due to the subsurface soil conditions encountered, will be performed at a rate of$75.00 per linear foot of drilling. Services provided by R.ETL udder this Agreement will be performed in a planner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing rtnder similar circumstances. ROCK ENGINEERING&TESTING LABORATORY,INC. 6817 L OPARI)STREET®CORPUS CHRIST],TFXAS 78409 OP ICE: (361)8834555• PAX: (361)883-4711 *www.rucktesting.coin EXHIBIT"A" Page 3 of 4 Page 4 of PROPOSED DESTINATION HAYFRON'I' October 23,2012 South Shoreline Boulevard;Corpus Christi,1"exas Attn:Mr.Eric Hanson RFT1.,Proposal No.:P100212A(Revision No. 1) The Client shall provide for R.ETL's right to enter the property owned by the Client and/or others and assure that the boring locations arc clear of underground utilities and accessible to drilling equipment in order for RETL to fulfill the Scope of Services included hereunder. The Parties to this agreement agree that if any claim is made that RE-,,"Fl.failed to comply with airy ten-n of this agreement or that it failed to perform its work anchor duties under this agreement properly, the client, upon proof that there was some failure to comply or some mistake in the performance of the work, shall not be entitled to recover any sure greater than the amount paid by the client to RFTL for the service performed by REM or$25,000.00 whichever is less. In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless RE TL, his or her officers, directors, erraployees, agents and sub consultatrts from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with this project or the perfor marrce by any of the above named parties of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of REM Tither the Client or RE TL may terminate this Agreement at any time with or without cause upon givitIg the other party 10-calendar days prior written notice. The Client shall within 10 calendar days of termination pay RETI-, for all services rendered and all costs inctured up to the date of termination, in accordance;with the compensation provisions of this contract. closing If you are in agreement with our proposed scope of work, please authorize us to proceed by signing in the space below and returning one copy to us. Thank you for your consideration of our firm to assist you with this project. If you have any eluestions, or comments,please call at(361) 883-4555, Sincerely, ACCEPTED AND APPROVED by Nathan Ruckstuhl, Fl`f ---- —+ — Geoteelrnical Project Manager For payment of services, invoice to: �.._._..—._.-..�.._... ...�...� �....�.....��_.. �. ,_..��.. Attn: Address: "1"itle: City:��__ State: ,r (:",otic Phorre: Fax: E-rrrail address,: ROCK ENGINEERING&T STING LABORATORY,INC. 68 1;7 LEOPARD S'1'I EET s CORPUS CHRI$T1,`r'I XAS 79409 OFFICE: (361)883-4555,b FAX: (361)883-4711 s Www.rocktestrirt;x0m EEXHIBIT"A" of 4 Exhibit B Mandatory Requirements (Revised November, 2005) INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify,save harmless and defend the City of Corpus Christi,and its officers, agents, servants and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorneys'fees,for or on account of any injury to any person, or any death at any time resulting from such injury,or any damage to any property, to the extent caused by Consultant's negligent performance of services covered by this contract The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its officers, agents, servants, or employees, or any other person indemnified hereunder. EXHIBIT"g„ Pap 1of1 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB"will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable and other standards designated in writing by the "CITY ENGINEER." 1:3 Promptly submit formal,reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the"CITY ENGINEER". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. Ele IBIT"C" 1 of 3 r ly • r 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for"LAB"to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3,1 "LAB", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work, "CITY ENGINEER" will direct THE- PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on-site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that"LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB"to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY". "CITY" agrees to accept such samples and samples containers. ARTICLE 6. STANDARD OF CARE AND WARRANTY "LAB"1 Services performed b LAB will be conducted in a manner consistent with that level of care p Y and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB". EXHIBIT"C" Page 2 of 3 ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for,the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site. ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY"within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 , In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. i Pa slr "C,]e 3 of 3 O O O O O O O O O O O O O LO 0 0 0 0 0 0 LO 0 n i U L E tl� � C C C C 0 0 O 00 C) d d 0 0 G7 ❑ 0 O O C C� O Ili L lf7 .. 60. � 664 N 00 0 69- d d d 00 Q � O O 0 Ljr) U') � r- 64 6c} y (D o 0 O 0 0 0 d Q Q 0 0 o CO 6F} C) 6c} pp pp 691 U) u7 M a s 0 o r CO Y O N m m M Q M dam' L tom•- N U) N M N9 M M L H C V> bq FL N QI 0 O ❑ 64 0 0 00 O m 6Q4 66q 0 � �- 441 2' O Tf 0 9 LO 9 = Q 01� ❑ a r 0o OT � O O 0 O � V1 HS 0 0 +S Z t� '0 m E a 1- M O C4 0 r 0 0 7 0 r LO (D (� T T CO O 64 T 0) 0) vim' L ! U U � ------ gel, N U- a) N N N r (n �� N N CO U. LL N L +3 m R a C (u Q LL C m Q 0 0 N '� 0 c 2 Q Q Q n E .N Exhibit"D"(n CL 0 a00020' Utn aa � Eam0 ((nU) com ¢ �° Page 1ofl r 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)j 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: c �- .Rot: Title: FQII \ ne?SS � Q P mcntna (type or Print) Signature or Certifying Date: Person: 0.�L mar 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"E" Page 2 of 2 SC 0 o° 1 AGENDA MEMORANDUM NaRa©aa�� Future Item for the City Council Meeting of July 23 2013 1852 Action Item for the City Council Meeting of July 30, 2013 DATE: July 2, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie Gray, P. E., Director of Storm Water and Street Operations ValerieG @cctexas.com (361) 826-1875 Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 Engineering Design Contract for Indefinite Delivery/Indefinite Quantity (IDIQ) Minor Street Improvements Option Year 2 CAPTION: Motion authorizing the City Manager, or designee, to execute Contract for Professional Services with Engineering and Construction Management Services LLC from Corpus Christi, Texas in the amount of$85,600, for Indefinite Delivery/Indefinite Quantity Minor Street Improvements Option Year 2. PURPOSE: The purpose of this Agenda Item is to authorize services required for continuing construction phase services for the Minor Street Indefinite Delivery/Indefinite Quantity Program. BACKGROUND AND FINDINGS: This contract amendment provides for continued construction phase services to support the Minor Street IDIQ project. This project was developed to supplement the efforts of the City Street Department to improve the quality of our streets. This project allows for immediate identification and prioritization of outstanding work orders within the City Maximo Data Base. The areas of repairs are localized street pavement and base material failures and potholes and are not intended for major street rehabilitation or reconstruction. The work may include saw cutting, crack sealing, seal coat, milling, curb and gutter and ancillary minor utility manhole ring and cover and valve adjustments. On January 11, 2011, City Council authorized a construction contract with Grace Paving and Construction, Inc. of Corpus Christi, Texas in the amount of$1,840,000 for year one of the IDIQ contract. Contract renewal for option year two was offered to Grace Paving and Construction, Inc. for the amount of$1,600,000. Construction is anticipated to start in August 2013. ALTERNATIVES: 1. Execute a Contract for Professional Services with Engineering and Construction Management Services LLC as proposed. 2. Do not execute a Contract for Professional Services with Engineering and Construction Management Services LLC as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This contract amendment supports the Street Department's ongoing maintenance and minor repair program. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Storm Water and Street Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS Line Item Budget $0.00 $1,800,000.00 $0.00 $1,800,000.00 Encumbered/Expended $0.00 $0.00 $0.00 Amount This item $85,600.00 $0.00 $85,600.00 Future Anticipated $1,713,400.00 $0.00 $1,713,400.00 Expenditures This Project BALANCE $0.00 $1,000.00 $0.00 $1,000.00 Fund(s): Streets Operating Fund Comments: This project is funded from the Street Operating fund, and is independent from the Street User Fee. RECOMMENDATION: City Staff recommends the approval of a Contract for Professional Services with Engineering and Construction Management Services LLC. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PowerPoint Contract PROJECT BUDGET ESTIMATE Minor Street Indefinite Deliverylindefinite Quantity Program Option Year 2 PROJECT FUNDS AVAILABLE: Street Operating Fund ................................................................................... $ 1,800,000.00 TOTAL.......................................................................................................... 1,800,000.00 FUNDS REQUIRED: Construction (Grace Paving).............................................................................. 1 6 00,000.00 Design Fees: Engineer- Schematic Design (ECMS )................................................................ 85,600.00 Misc. Testing and Inspection (TBD)..................................................................... 14,400.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)................................... 27,000.00 Engineering Services (Project Mgt//Traffic Mgt Services)......................................... 54,000.00 Finance......................................................................................................... , 9 000 00 Misc. (Printing,Advertising, etc.)........................................................................ 9,000.00 TOTAL.............................. ............. .................................................. ............. $ 1,799,000.00 ESTIMATED PROJECT BUDGET BALANCE...................................................... $ 1,000.00 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277(City)acting through its duly authorized City Manager or Designee (Director of Engineering Services) and ENGINEERING AND CONSTRUCTION MANAGEMENTSERVICES LLC, a Texas corporation, 5002 Oakmont Drive, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Indefinite Deliverylindefinite Quantity Minor Street Improvements Option Year 2 (Proiect No. E13072) —This is an ID/IQ project to perform minor street pavement repairs involving base repairs, subgrade stabilization, and HMAC surface replacement. The work will be issued in Delivery Orders that will provide specific scope of work and requirements. The work may include saw cutting, crack sealing, seal coat, milling, curb and gutter replacement and other minor utility adjustments to manhole ring and cover, and water line valve adjustments. This professional services contract supports construction of renewal Option Year 2 of an ongoing program. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition,A/E will provide monthly status updates(project progress or delays,gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A",to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be"Services for Construction Projects"- (Basic Services for Construction Projects")which are shown and are in accordance with"Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit"A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Engineering(A/E)Services Page 1 of 3 K:%ENGINEERING DATAEXCHANGEVANGIEMISTREE nE130721D10 MINOR STREET IMPROVEMENTS OPTION YEAR TWO11 CONTRACT PROFESSIONAL SERVICES.DOC The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE In the original contract, Exhibit "A" FEES shall be modified for a total fee not to exceed $85,600.00 (Eighty Five Thousand Six Hundred Dollars and Zero Cents), as shown in the attached Exhibit"A". Monthly invoices will be submitted in accordance with Exhibit"C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75%of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be Contract for Engineering(A/E)Services Page 2 of 3 K%ENGINEERING DATAEXCHANGEWNGIEMISTREETE13072 IDIO MINOR STREET IMPROVEMENTS OPTION YEAR TWO11 CONTRACT PROFESSIONAL SERVICES DOC used again by the A/E without the express written consent of the Director of Engineering Services. However, the AIE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI ENGINEERINGAND CONSTRUCTION MANAGEMENT SERVICES LLC , g u—, - -ILI 2 Oscar R. Martinez, Date F41ix Oc' anas, Jr,, P E. Date Assistant City Manager President 5002 Oakmont Drive Corpus Christi, TX 78413 RECOMMENDED (361) 986-1202 Office Daniel Bites, P. E., Date Director of Engineering Services ENTERED Valerie Gray, P. E., Date JUN 2 8 Z013 Director of Streets and Storm Water CONTRACT MANAGERS APPROVED AS TO FORM Project No. E1357 Fund Name: Streets Fund Fund Source No. 530000-1041-12430-E13072 Office of Management Date Encumbrance No. and Budget ATTEST Armando Chapa, City Secretary Contract for Engineering(A/E)Services Page 3 of 3 K''ENGINEERING DATAEXCHANGE%ANG[Et.1tSTREEIYE13072 ILIA}MN M YEAR IOR STREET*APROVEENTS OPTION YE TWO RA I CONTRACT PROFESSIONAL SERVICES DOC EXHIBIT "A" CITY OF CORPUS CHRISTI,TEXAS ID/10 MINOR STREET IMPROVEMENTS (Project Number E13072) I. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Architect/Engineer-A/E will: a. Prepare the necessary correspondence for the signature of the Director of Engineering Services leading towards the renewal of the existing construction contract. b. Assist City staff in the negotiations for increase or decrease in contract amount as may be indicated by the ENR, Engineering News Record. c. Conduct and/or attend and participate in meetings with the Contractor and City staff required towards the renewal and award of the existing construction contract. 2. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a"multimedia format" suitable for viewing with Microsoft's Internet Explorer,version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image-viewing software available on the City's computer - EXHIBIT"A" Page 1 of 5 Revised April 2010 KtEngmoenng DataExchangaWNGIEM%STREE nE13072 IDIO MINOR STREET IMPROVEMENTS OPTION YEAR TWO%2 EXHIBIT A LARGE AE REVISED June 2013 IDIO (2)doc Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks. i. Review construction "red-line"drawings, prepare record drawings of the Project as constructed (from the "red-line" drawings, inspection, and the contractor provided plans)and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. 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 the A/E 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. The A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Construction Observation Services. Provide a project representative(PR)to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants,the A/E 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 A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 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: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. EXHIBIT"A" Page 2 of 5 Revised April 2010 K1Engineenng OalaExehan geVWGIEKSTREEM130721010 MINOR STREET IMPROVEMENTS OPTION YEAR TW012 EXHIBIT A LARGE AE REVISED dune 20131010 (2)doe 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. 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. EXHIBIT"A" Page 3 of 5 Revised April 2010 K%Engimenng DataExcnange%ANG[EM%STREET%E 13072 tO10 MINOR STREET IMPROVEMENTS OPTION YEAR TWO12 EXHIBIT A LARGE AE REVISED June 20131DIQ (2)doe 2. Start-up Services. Provide on-site services and verification for all start-up procedures during actual start up of major Project components,systems,and related appurtenances if needed and required. 3 Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair,fix, restore, patch,or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action,with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty(60)days prior to the end of the maintenance guaranty period. 4 Provide the services above authorized in addition to those items shown on Exhibit"A-1" Task List, which provides supplemental description to Exhibit"A". Note: The Exhibit"A-1" Task List does not supersede Exhibit "A". 2. SCHEDULE Day Date Activity WAdnAmd Main Desian Menda Pre Final gubm,#al MGgday Pm Reel CnnfPno °�ece(rve-RiCIs Monday July 15, 2013 Contract Award Monday July 22, 2013 Begin Construction Tuesday July 22, 2014 Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4,A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4,the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. EXHIBIT"A" Page 4 of 5 Revised April 2010 K%Engmeenng DataExchange%ANGIEM%STREETtE13072 IDIQ MINOR STREET IMPROVEMENTS OPTION YEAR TWO12 EXHIBIT A LARGE AE REVISED June 2013 IDIQ (2)Coe 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 A/E a not-to-exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $1,000 2. Design Phase (Planning--Street Dept) 120hrs @$100/hr) $12,000 3 Rid phase 4. Construction Phase (22x12x1x$75) $19,800 Subtotal Basic Services Fees $32,800 Additional Services Fees (Allowance) 5. Construction Observation Services(12x22x4x$50) $52,800 6. StaFt up SeFyises-, 7. Warranty Phase Included above Sub-Total Additional Services Fees Authorized $52,800 Total Authorized Fee $85,600 EXHIBIT"A" Page 5 of 5 Revised April 2010 K%Enga*enng OalaExdkange%ANGIEMISTREE nE13072 IDIO MINOR STREET IMPROVEMENTS OPTION YEAR TW012 EXHIBIT A LARGE AE REVISED J"rte 20131DIO (2)Coe EXHIBIT "A-1" TASK LIST (Provides supplemental description to Exhibit"A". Exhibit"A-1"Task List does not supersede Exhibit"A.") CITY OF CORPUS CHRISTI, TEXAS IDIIQ MINOR STREET PAVEMENT IMPROVEMENTS (Project No. E13072) Basic Services (See Exhibit "A") Additional Services: CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare monthly reports and submit to City staff as required.. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meetings. 2) Assist the City in conducting the public information meetings. 3) Assist the City with follow-up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one-year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT"A-1" Page 1 of 1 Revised April 2010 C.U1+ersWVtehl lWDataLLocaMliaosoMWirdows%Temporary Internet FilestContent 0utlooMPTZSM01-101 EXHIBIT A-1 TASK LIST LARGE AE REVISED June 2013 IDIQ-doc EXHIBIT"B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant 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 Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury & Property Damage non-renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises- Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired—Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim/$2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,0001500,000/500,000 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. EXHIBIT"B" Page 1 of 3 JAEngirmnng FormAARGE AE EXHIBIT B.DOCX D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. 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). Consultant 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. Consultant 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 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. 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 and professional liability polices; ii. 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; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. 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. H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance EXHIBIT"B" Page 2 of 3 J,krngineenng Fam VI ARGE AE EXHIBIT B OOCX 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. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT"B" Page 3 of 3 JAEngineenng Farms%ARGE AE EXHIBIT B.DOCX 0 0 0 0 0 0 0 0 0 0 0 0 0 ol I� I` O to 0 0 0 0 0 0 to O M V � E d CL V M M C C C C d O O O O O 00 0 0 0 0 0 0 Q 0 O O O 0 O to Ltd m LO to o � 4 0 0 0 0 0 00 O O O O O Qm Qm 6q O O O o V O to to I- to to •� > d�? Efl tf3 EH L C a — c m O� Q O O O ° Oa O O O O p p a o 0 a ov Co m E °> o I- 64 a � LU .• r r to o 6A. r Cn cD CD o c" o 2 aD O O N m M — M � N r L O N M M w cc w L G <A to /A V), V). o V W V- N C: OW O N o O O O O O O O O QO O OQ 6% V% m 0% V9, Z aZv zH H � o c Q ga — X0) 00000) CDaaa0pQO) C� 00� v z° ~ ~ a a .r ti Co O co O — O O O � p p to ui m co O G O rn m m 0 O rn w r CO -- '- O O N M M _ V- N O N M LO M o to t Co o (f} Efl Efl tf} EA V N U_ U N Z N U H to LL N v ns H N LL _U N L N N >% N O LL N Z V d ch tN C L � : p U 0) L 0) L Co m C D a c ca Q LL •tyo a E O o n o m Q E U O N 0 N m N :3 :. O ma mwUcn as SatrOcnU) co EXHIBIT"C" Page 1 of 1 SUPPLIER NUMBER TO BE ASSIGNED BYrnT- PURCHASING DIVISION City o CITY OF CORPUS CHRISTI Chr sti 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: Engineering&Construction Management Services LLC P.O.BOX: STREET ADDRESS: 5001 Oakmont Drive CITY: Corpus Christi ZIP: 78413 FIRM IS: 1. Corporation B 2. Partnership 8 3. Sole Owner El 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(if known) , 2. State the names of each official of the City of Carpus 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 I 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 I it 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 requosted; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Felix H.Ocanas,Jr.P.E. Title: President MPO or Print) Signature of Certifying Date: Person: 44-0 ~ dd 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. \Mproject\councilexhibits\exhE13072.dwg �ttr t ✓ � t �� s*i ssfi Is' Sj�P<r�rzr �� s f ��iY ,� ?j � �rjr�"�rFtr rstsrr �..... .d. rf��z z✓1 ,. .,{ � ,SF� r i str5 frsf/�/8/ �� �''��fP'"�s r (���7 ??- uy�17f'�n��Ss�ris�'3 r���ki f ,� ; }✓a af�s� ",o,„ �", ''`/ �r r a�c�r�✓ 5� f rr/ ✓S r z ✓ ��'r �' Y " k �y� �� zfs�i?�?�' � �t � � €%�{4jllf �� ✓Y. /ifs, s l✓ r�,f�� ,f{z�rsi r 5� � Mks n r � r i r '�n, �t j�� s✓ r k� i� ���� �l t- 't n rrs t ✓at �?{v � r l si L�tJ f ��s /.' f ? t n i ( s J 3 r v f. �/ .t spzrn ✓ n, .� A✓ ��� r s f ��r s (C �' r a s✓ ✓ y s > � ,{ t y f f s dl'{S f r r/ 5 ��t 9 f f�3 � �g r{✓r f z nyc � ��� Fr � 5 k r r✓ �' �;5��r ✓�Z� k r itt � � ✓✓k b r4 k� sv zf � f �iG}ft k � �� ✓y� ��� rn, 3 s �.'f�-,��� f,�y t✓fI S� r .>51 r ��; �r � J r ✓ L ,/J�� fm�f� j%/�_-�✓i't � r�2 6l?t ✓� ,i, ��U. J ��: %v �f � k ?✓ � 0 7�, ¢�z 5 ssr z �� j �}/l�nf3"✓'"`apt r � �' � rr>���ry� f7� 3 r � � F. 5 F r ll:"4frr 9 t y�.f jai "r"IF z r ��'� k �,s,i t ✓�1�5�t s ss P 2� t �'st f k . hr i f r �3" ar f � � - snsn;, N✓;rs' 1`'�t� c ' ;t.,.°;. k. s e k r vs n rr ✓r �+ '�' - J d/.`� �f �'i�.,,? ji��� 5�F✓sr .2%� Izf�rl � �`t11�„ .;/ r l r 't' -t✓7n. t S -r �� s`kr�ks"»��r^ ;„ ,1'� 5 �rrr f r� LOCATION MAP NOT TO SCALE PROJECT#E13072 Indefinite Delivery/ CITY COUNCIL EXHIBIT Indefinite Quantity inor Street Improvements CITY OF CORPUS CHRISTI, TEXAS y p DEPARTMENT OF ENGINEERING SERVICES Option Year 2 PAGE: 1 of 1 +s3S 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 1852 Action Item for the City Council Meeting of July 30, 2013 DATE: July 8, 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 Design Contract Mary Rhodes Pipeline Phase2 CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 9 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $195,664.00, for a total restated fee not to exceed $11,335,503.00 for Mary Rhodes Pipeline Phase 2. PURPOSE: The purpose of this Agenda Item is to execute the amended contract for Mary Rhodes Pipeline Phase 2. BACKGROUND AND FINDINGS: The construction of the Mary Rhodes Pipeline Phase 2 project was planned for 10-20 years into the future after design. Since the design of an additional pump station and sedimentation basin were being added to the scope of work in Amendment No.5, the design team recommended removal of SCADA services until closer to final design, so the SCADA services were not included in content of Amendment No. 5. The premise behind this recommendation was anticipated advances in SCADA technology over the next 10-20 years. Now that it is anticipated that the project will go to construction in early 2014, the SCADA services must be added into the contract. These services have been discussed with and refined by the Water Department. Amendment No. 5 was a zero dollar administrative amendment contract whose fee for basic and additional services was offset by downsizing services of Subsurface Utility Exploration, Archeological Investigation and Right-of-Way Acquisition in Amendment No. 4. The original contract included limited SCADA services for the intake pump station. This agreement allows the Engineer— Freese and Nichols, Inc. to provide all SCADA services for the Mary Rhodes Phase 2 project. The design phase services will include tie-in of the proposed Mary Rhodes Phase 2 project SCADA control components to the existing Mary Rhodes Phase 1 infrastructure at Lake Texana. The deliverables associated with this amendment are project control narratives, integration, verification, and validation (IVV) specifications, supervisory system software architecture and project documentation. Included in the construction phase services is submittal review related to SCADA, control meetings with the system integrator, factory acceptance testing, start-up/checkout of control and site acceptance testing. 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: N/A CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012-2013 Water Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Project to Fiscal Year Date Current Year Future Years TOTALS 2012-2013 Expenditures (CIP only) Line Item Budget $11,357,284.00 $814,226.00 $148,612,493.00 $160,784,003.00 Encumbered / Expended Amount $11,357,284.00 $11,357,284.00 This Item $195,664.00 $195,664.00 Future Anticipated Expenditures This Project $618,562.00 $148,612,493.00 $149,231,055.00 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Water CIP #14 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $195,664.00. RECOMMENDATION: City Staff recommends the contract amendment be awarded to Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of$195,664.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PROJECT BUDGET Mary Rhodes Pipeline Phase 2 FUND SOURCE: Texas Water Development Board Loan............................................................ $7,961,825.00 Water Revenue Bonds.................................................................................. 4,209,685.00 Future Funding Required............................................................................... 148,612,493.00 PROJECT TOTAL....................................................................................... $160,784,003.00 FUNDS REQUIRED: 50% Construction Estimate for Pipeline/Pump Stations/Sedimentation Basin (with 15%contingency for pipelines and 20 contingency for pump station and sedimentation basin)..................................................................................... 126,600,000.00 Engineer Design (Includes THIS Amend. No. 9) (Freese and Nichols, Inc.)*........... 11,335,503.00 Legal Services & Future Misc Project Costs (Bruce Hawn, Welder Leshin, LLP)**..... 12,812,500.00 Power Supply Costs...................................................................................... 2,500,000.00 Reimbursements.......................................................................................... 7,536,000.00 TOTAL...................................................................................................... $160,784,003.00 PROJECT BUDGET BALANCE..................................................................... $0.00 *Original Design Contract awarded October 28, 2003 by Motion No. M2003-394 **Legal Services Agreement awarded July 12, 2011 by Motion No. M2011-164 \Mproject\counci1exhibits\exhE10008.dwg N Ganado INTAKE PUMP STATION 5s Bay City 71 172 Markha 111 111 35 t " Blessing 60 WEST DELIVERY 616 STATION 1862 �1 La Ward 35 ;an'derbilt PHASE 2 PIPELINE 172 MARY RHODES PIPELINE LOCATION MAP NOT TO SCALE PROJECT#E10008 CITY COUNCIL EXHIBIT MARY RHODES PIPELINE CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PHASE 2 PAGE: 1 of 1 AMENDMENT NO. 9 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 Garwood Water Supply Project (Project No. 84241, as authorized and amended by: Original A/E Agreement October 28, 2003 Motion No. M2003-394 $116,100.00 Amendment No. 1 October 19, 2004 Motion No. M2004-387 $285,490.00 Amendment No. 2 December 18, 2007 Motion No. M2007-334 $911,997.00 Amendment No. 3 March 11, 2009 Administrative Approval $0.00 Amendment No. 4 March 9, 2010 Motion No. M2010-051 $9,676,590.00 Amendment No. 5 November 30, 2011 Administrative Approval $0.00 Amendment No. 6 January 14, 2012 Administrative Approval $49,940.00 Amendment No. 7 April 24, 2013 Administrative Approval $49,822.00 Amendment No. 8 May 29, 2013 Administrative Approval $49,900.00 Amendment No. 9 revises the project scope for Mary Rhodes Pipeline Phase 2 (Project No. E10008) to the Garwood Water Supply Project as follows: Exhibit "A", Section 1. Scope of Services, Part A. Basic Services, shall be modified to include additional Design and Construction Phase services as specified in Amendment No. 9 Exhibit"A". ➢ ITEM NO. 3 Desion Phase in the amount of$88,476.00 ➢ ITEM NO. 5 Construction Phase in the amount of$107,188.00 Exhibit "A". Section 2. Schedule, shall be modified as specified in the attached Amendment No. 9 Exhibit"A", Schedule. Exhibit "A", Section 3. Fees, shall be modified as specified in Amendment No. 9 Exhibit "A" for a revised fee not to exceed $195,664.00 (One Hundred Ninety-Five Thousand Six Hundred Sixty-Four Dollars and Zero Cents), for a total restated fee not to exceed $11,335,503.00 (Eleven Million Three Hundred Thirty-Five Thousand Five Hundred Three Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Amendment No. 9 Exhibit"B" All other terms and conditions of October 28, 2003 contract and amendments between the City and Freese and Nichols, Inc. will remain in full force and effect. AMEND.N0.9 Page 1 KIENGINEERING DATAEXCHANGEUENN IFERIWATERIE10008 MARY RHODES PIPELINE,PHASE 2VIMENDMENT NO.8ICONTRACTICONTRACT.DOCX CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. Oscar R. Martinez, (Date) R G man, P.E., (Datel Assistant City Manager Principal 800 North Shoreline Blvd., Suite 160ON Carpus Christi, TX 78401 (361)561-6500 Office (361) 561-6501 Fax RECOMMENDED Daniel Biles, P.E., (D Wt e) Dire o .mine Ong Services Operating epartme t (Date) APPROVED AS TO FORM: Office of Management and Budget (Date) ATTEST Armando Chapa, City Secretary ENTERED Project No: E10008 N 2pi 2013 Fund Source No: 550950-4091-00000-F10008 Fund Name:Water 2012E C1P Fd (RvBd) i' � MAWAtiffi Encumbrance No: AMEND. NO. 9 P! e2&2 KTNGiNEERING DATAEXCHANGEUENN&FERAWATERAE10008 MARY RHODES PMELINE,PHASE ZAMENDMENT NO.9ACONTRAC nCONTRACT.DOCX 800 N.Shoreline Blvd.,Suite 160ON , Corpus Christi,Texas m40z ~ 361-561-6500 ~ fax 361-561-6501 www.freese,coni TO: Bill Green, P.E. CC: Ron Guzman, P.E, Dan 0� �E., Daniel Deng, P.E. FROM: Anne Carrel, P.E. SUBJECT- Mary Rhodes Phase 2SCADA Services DATE: May 7[ 2013 PROJECT: Mary Rhodes Phase Z Freese and Nichols, Inc. (FNI) proposes to add the following services to the Mary Rhodes Phase 2 contract for SCADA design and construction phase services. SCADA services were removed from the contract by Amendment No.5 related tothe addition ofan additional pump station and sedimentation basin. if the proposed services are acceptable,FNI will put together a design fee based on this scope of work. Design Monthly SCADA meetings—3meetings 6O%and 9D%Review meetings/Workshops—2workshops Develop Sequence nf Operations/Control Narratives Integration,Verification,and Validations UVV\Specs Incorporate Mary Rhodes Phase 1 SCADA into proposed Mary Rhodes Phase 2 HMI at Lake Texana Construction Answer RR's related tuSCADA Construction meetings/Site Visits—Q meetings/site visits Rev|mwSCADAshopdravvings Control meetings with System Integrator—3meetings Factory acceptance testing 5tart-up/Checkoutmfcontrols Site Acceptance Testing FNI coordinated with the City of Corpus Christi's(City's)Water Department on the proposed services. The Water Department prepared the S[ADA requirements below for the Mary Rhodes Phase 2project. FN1 compiled the simplified proposed list of services using these SCADA requirements. These SCADA requirements will be incorporated into FN|'sdesign. AMEND. NO. 9 EXHIBIT"A" Page 1 of 13 K-,�ngineeringDataExctiangeUEt4NIFERmvATFRkElOWS MARY RHODES PIPELINE,PHASE 2"ENDMENT NO,91Cuw,aACnEx^.bj'A,doc �3 May 7,2013 Page 2 of 4 SCADA Requirements Provided by the City's Water Department COMMUNICATION Reliable communication link between River PS, Booster PS,GST, LNRA Control Room, and ONSWTP Control Room - LNRA Control Room located in LNRA headquarters—1 mi north of West Delivery Point - Proposed comet technologies are ownerfiber,VSAT, GSM/cellular, DSL - Modular architecture to allow future addition of Bloomington, Woodsboro booster pump stations and other existing raw water supply systems such as Wesley Seale Dam - Reliability through redundant communication channel, automatic failover to redundant channel if link loss in the primary channel is detected Prefer one third-party subscription-based and one owner-provided communication channel LOCAL CONTROL - Each pump station and GST shall have local controls and instrumentation that will enable an operator to operate the pump station without a central process controller(PLC) - Each pump station shall have a PLC capable of automatically controlling the operation, emergency shutdown, and remote restart of all major functions. Loss of PLC shall not incapacitate any of the major functions. - Each pump station shall have a graphical user interface to the control system that will allow operator full control of the pump station.The user interface shall not require network link to the supervisory system located at LNRA headquarters. - The City of Corpus Christi has standardized on the Allen Bradley Logix family of PLCs.The controllers currently in use at ONSWTP are CompactLogix—series. - The following process and diagnostic information shall be collected by PLC and communicated to the supervisory system: SUPERVISORY SYSTEM The City of Corpus has standardized on the Allen Bradley FactoryTalk supervisory software suite. Currently,the ONSWTP system consists of a dual redundant tag servers, historical server,domain controller,and a number of PC client workstations.The supervisory system delivered under E10008 shall meet the Department standard. - The supervisory system shall collect, display,and historize process and maintenance information as shown in attachment(Sec. 20.6 in "Pumping Station Design," by Garr M.Jones, Butterworth Heinemann, 2008) INTEGRATION,VERIFICATION,AND VALIDATION (IVV) - A/E contract language for quality assurance tasks to be performed by Engineer during design, construction,commissioning, and operational acceptance of the control system - Specifications language for quality assurance of Contractor-provided parts,systems, and services - Testing and verification plan.The plan shall spell out each project participant's responsibility with respect to testing and verification.Testing and verification shall be performed throughout system construction and integration.At the end,a series of acceptance tests shall be conducted: Unwitnessed Factory Acceptance Test(FAT), Witnessed FAT,Operational Readiness Test, Functional Demonstration test,Site Acceptance Test,and Operational Acceptance Test.Sample of FAT plan will be provided by the City AMEND. NO. 9 EXHIBIT"A" Page 2 of 13 K:Engineering DataExchange4JENNIFER SWATERtElOOD8 MART'RHODES PIPELINE.,PHASE ZAMENDMENT NO MCONTRAC'RExh bit A.doc May 7,2013 Page 3 of 4 - FAT scenarios.Can a previous project,we developed an Excel database with various normal and adverse process condition scenarios and expected vs. actual response of the control system. Shall be provided by the City. - Acceptance checklists, commissioning checklists,and sign-off sheets to be submitted by Contractor/Integrator at each milestone in the IVV process DOCUMENTATION - Schedule of all documents required to design, build,test,and deploy the SCADA system. Indicate on the schedule responsible party and phase of the project - Formal SCADA system requirements document.At the minimum,the document shall list SCADA system requirements by category(similar to this document), means of testing and verifying each requirement, responsible party, and - System-wide communication architecture - Site-specific detailed network architectures - Supervisory system software architecture.Shall include specifications for each each machine's operating system,supervisory system software, interface and driver software (such as Kepware for odbus/EhternetlP interface), communication software(RSLinx), and such - Required development environments (RSLogix 5000 for PLC coding, FactoryTalk HMI development suite, etc.) - System-wide PFD and site-specific P&IDs - Loop sheets - Instrument Specification Sheets(ISA-TR20.00.01-2006 Specification Forms for Process Measurement and Control Instruments) - Control Logic Specification—Sequences of Operation, Interlock matricies,shutdown and alarm matricies, etc. (ISA has standard for control logic documentation,ANSI/ISA-5.00,01-2007 Functional Requirements Documentation for Control Software Applications) - Process alarm configuration parameters such as time filters,deadbands,severity,and recommended appropriate response - Control system administrator manual and HMI user manual.On a previous project,we asked the control system vendor to build HMI user manual features into the HMI itself;standard help screens, pop-up tool tips,context and auxiliary information description, and such - Issue tracking spreadsheet or database.The issue tracking tool shall be visible to,or communicated often,to the system Owner throughout the IVV process SUPPORT - Anticipated support effort required during the first year of operation (when majority of bugs reveal themselves) - Proposed support agreement language with control system engineer, integrator, and vendors - Proposed support agreement with operator(if LN'RA is the operator of the system) OTHER - SCADA system development effort shall follow recognized and generally accepted good system engineering practices. - SCADA development team shall have expertise similar to what is required under ISA's Certified Automation Professional (CAP)certification (attached;also available at www.isa.org/cap) AMEND. NO. 9 EXHIBIT"A" Page 3 of 13 MEngineering DataExchangeQENNIFER1VVATER4F10 008 MARY RHODES PIPELINE.,.PHASE MMENDMENT NO.9MCONTRAC nExhibit A.doc May 7,2013 Page 4of4 - SCADA development process for this project shall be well documented,as it is intended to become a standard and a template for future development efforts of this sort - End user shall receive manuals and training prior to putting the control system into service. AMEND. NO. 9 EXHIBIT"A" Page 4 of 1 K kEngineering OataExchangehJCNNIFERtWAl ERXE OW8 MARY RHODES PIPELINE.PHASE ZAMENDMENT NO-91CONTPACI lExhibit A,daa EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Mary Rhodes Pipeline Phase 2 (Project No. E10008) Parent Project: Garwood Water Supply Project (Project No. 8424) Amendment No. 9 1. SCOPE OF SERVICES Scope Revision: Add the following task as shown below: A. Basic Services 3. Design Phase Provide electrical SCADA design drawings and specifications for the intake and pump station. Complete project scope is attached as Mary Rhodes Phase 2 SCADA Services memorandum dated May 7, 2013. S. Construction Phase Perform construction phase electrical SCADA services as described in the complete project scope attached as Mary Rhodes Phase 2 SCADA Services memorandum dated May 7, 2013. 2. SCHEDULE Final Design Phase October 9, 2013 3. FEES The total authorized fee for all services added to the contract with this Amendment will be $195,664.00. Fees for individual additional tasks are shown in the Summary of Fees table. The table Summary of Fees set forth on the following page will be used by the Engineer to determine the amount to be invoiced for each task. The fee shown for each task is inclusive of all expenses as set forth by the original contract. AMEND. NO.9 EXHIBIT"A" Page 5 of 12 K'Tngineering DaMExcNmgeUENNIFER%WATER1E1000B MARY RHODES PIPELINE,PHASE 2WMENDMENT NO.STONTRACT1Exhibit Adoc Summary of Fees TASK I Description Fee Original Contract-Phase 1 I.A.1 Screening Study of Delivery Options $ 116,100.00 I.A.2 Detailed Study of Delivery Options TBN I.A.3 Pipeline Route Study TBN I.A.4 Pipeline Surveying, Easement Acquisition, and Permitting TBN I.A.5 Pipeline Topographic Survey and Preliminary Design TBN I.A.6 Final Design Phase TBN I.A.7 Bid, Award, and Construction TBN Original Contract Fee $ 116,100.00 Amendment No. 1 -Phase 2 2.A Detailed Study of Delivery Option 5 $ 152,532 22 Detailed Study of Delivery Option 1 $ 64,328 2.0 Detailed Study of Delivery Option 6 . $ 68,630 Amendment No. 1 Fee $ 285,490 Amendment No. 2-Phase 2A 2A-0001 Field Studies 2A.1.A —Ownership Mapping $ 20,631 2A.1.B —Risk Analysis $ - Prepare Risk Analysis $ 5,853 Risk Analysis Workshop (in CC) $ 4,533 2A.1.0 Field survey of West Mustang Creek $ 46,922 2A.1.D West Mustang Creek Habitat Assessment $ 34,272 2A.1.E —Coordination Re-Calib. Of Gannado Gauging Station $ 6,168 2A.1.F —Summary $ - Prepare Task Summary $ 11,650 Task Summary Workshop (in CC) $ 8,383 Total Fee by Classification $ 138,411 2A-0002 LCRA Agreement 2A.2.A Agreement Framework $ - Prepare Framework $ 12,695 Submit Framework $ 431 Schedule Framework Meeting $ 451 2A.2.13 —Framework Meeting (Garwood) $ 7,235 2A.2.0 —Prepare Draft LCRA Agreement $ 10,525 2A.2.D —Draft LCRA Agreement Workshop(Garwood) $ 6,366 2A.2.E Prepare Final Agreement $ 8,740 2A 2 F Task—Execute Agreement (1 meeting Austin, 1 meeting Corpus Christi) $ 8,151 AMEND. NO.9 EXHIBIT"A" Page 6 of 13 KTAginewft DataEwdmnpUENNIFERIWATER%E10008 MARY RHODES PIPELINE,PHASE 21AMENDMENT NO.94ONTRACT1F)diW Adoc 2A.2.G Task 2 Summary $ 14,675 Total Fee by Classification $ 69,268 2A-0003 LNRA Agreement 2A.3.A Agreement Framework $ - Prepare Framework $ 13,025 Submit Framework $ 431 Schedule Framework Meeting $ 451 2A.3.13 —Framework Meeting (Edna) $ 7,191 2A.3.0 —Prepare Draft Agreement $ 10,525 2A.3.D —Draft LNRA Agreement Review Workshop (Edna) $ 7,191 2A.3.E —Regulatory Coordination (2 meetings Austin) $ 10,137 2A.3.F —Prepare Final LNRA Agreement $ 6,815 2A.3.G —Execute Agreement (1 meeting Edna, 1 meeting Austin) $ 11,360 2A.3.H Task 3 Summary $ 14,125 Total Fee by Classification $ 81,250 2A-0004 Permitting and Agency Coordination 2A.4.A —Coord w/TPWD re: GSM Permit (2 meetings Austin) $ 3,737 2A 4 B —Coord w/TPWD re: LNRA Inflow/Release Agreement(3 meetings Austin) $ 5,156 2A.4.0 —Coord w/TCEQ re: Bed and Banks Permit (3 meetings Austin) $ 7,104 2A.4.D —Coord w/TGLO re: Bed and Banks Permit(3 meetings Austin) $ 7,104 2A.4.E —Coordination with TCEQ and TWD13 re: Regional Water Planning (2 meetings Austin) $ 1,437 2A.4.F —Regional Water Planning Group Coordination (1 meeting Austin, 1 meeting Corpus Christi) $ 2,979 2A.4.G —Monitor LCRA/SAWS Project (2 meetings Garwood) $ 6,437 2A.4.H —USACE Coord (1 meeting Galveston) $ 8,253 2A.4.1 —TPDES Coordination (1 meeting Austin) $ 6,566 2AA J —Landowner Issues and Communications (3 meetings Edna) $ 20,785 2A.4.K —Meet w/Environmental Groups $ - Prepare Exhibits $ 13,093 Meeting 1 $ - Plan $ 501 Schedule $ 471 Prepare for Meeting $ 3,745 Attend Meeting (Austin) $ 2,376 Meeting 2 $ - Plan $ 501 Schedule $ 471 Prepare for Meeting $ 3,745 Attend Meeting (Austin) $ 2,376 AMEND. NO.9 EXHIBIT"A" Page 7 of 13 KTjV1 eeedM DataEx&=pUENNIFERIWATER%E10W8 MARY RHODES PIPELINE.PHASE ZAMENDMENT NO.STONTRAMExhibit Adx Meeting 3 $ - Plan $ 501 Schedule $ 471 Prepare for Meeting $ 3,745 Attend Meeting (Edna) $ 3,591 2A.41 Task 4 Summary $ 16,070 Total Fee by Classification $ 121,216 2A-0005 Permitting Activities 2A.5.A —Bed and Banks Permit Application $ - Prepare Permit $ 20,655 Submit Permit $ 6,360 Agency Review $ 8,115 Permit Approval $ 5,203 2A.5.13 —Prepare Amendment to TPWD/LNRA Inflow& Release Agreement $ Develop Amendment Framework $ 3,815 Meet with LNRA and TPWD to develop amendment outline (1 mtg Edna) $ 4,441 Develop Draft Amendment $ 4,075 Meet with LNRA and TPWD to review Draft Amendment (1 mtg Edna $ 4,441 Prepare Final Amendment $ 3,735 Obtain Written Approval (1 mtg Austin, 1 mtg Edna) $ 6,540 2A.5.0 Water Right Amendment Application $ - Prepare Permit $ 10,815 Submit Permit $ 961 Agency Review $ 4,210 Permit Approval $ 1,023 2A.5.D —Monitor Permit Application Status $ 2,045 2A.5.E —Regulatory Agency Coord During Permit App Process $ 2,945 2A.5.F —Develop Supporting Info for Region N Amendment $ 5,130 2A.5.G —Coordinate Region N Amendment(2 meetings CC) $ 11,475 2A.5.H Amend Water Conservation/Drought Management Plan $ - Prepare Draft Amendment $ 3,408 Plan Workshop (CC) $ 4,533 Submit Draft Amendment $ 1,120 City Review of Draft Amendment $ - Review Workshop (CC) $ 4,533 City Review Complete $ - Incorporate City Comments/Prepare Final Amendment $ 3,535 City Council Approval of Final Amendment (CC) $ 4,533 2A.5.1 Task 5 Summary $ 15,227 AMEND.NO.9 EXHIBIT"A" Page 8 of 13 K-T_N1r,9Mng DaWE=hvNeUENNIFER\WATERIEIODDS MARY RHODES PIPELINE.PHASE 21AMENDMENT NO.9ICONTRAC71E.Ibk Adoc Total Fee by Classification $ 142,870 2A-0006 Conceptual Facility Design 2A.6.A —GIC Facility Requirement Workshop $ 330 Schedule Workshop $ 681 Conduct Workshop (Garwood) $ 6,393 2A.6.13 —Concept Design of GIC Canal System Improvements $ 4,800 2A.6.0 —Concept Design of West Mustang Creek Div. Structure $ 4,800 2A.6.D —Design Review Workshop $ - Schedule Workshop $ 681 Conduct Workshop (Garwood) $ 6,393 2A.6.E W. Mustang Creek Gauging Facility Workshop $ 6,900 Schedule Workshop $ 681 Conduct Workshop (Edna) $ 4,193 2A.6.F —Concept Design, W. Mustang Creek Gauging Facility $ 3,960 2A.6.G W. Mustang Creek Gauging Facility Workshop $ - Schedule Workshop $ 681 Conduct Workshop (Edna) $ 6,393 2A.6.H Task Summary $ 10,275 Total Fee by Classification $ 57,164 2A-0007 Mary Rhodes Pipeline Assessment 2A.7.A —Data Collection and Review $ 8,648 2A.7.13 —Facilities Site Visit $ 23,266 2A.7.0 —Task Kickoff Workshop (Corpus Christi) $ 8,605 2A.7.D —Pump Station Assessment $ 17,008 2A.7.E —SCADA System Assessment $ 11,840 2A.7.17 —Operational Integration of Garwood Water $ 6,200 2A.7.G Alternatives Identification and Screening $ 27,613 2A.7.H Alternative Control Strategies $ 11,335 2A.7.1 —Recommended Mary Rhodes Pipeline Improvements $ 6,205 2A.7.J —Task 7 Summary $ - Prepare Summary $ 16,200 Attend Workshop $ 5,768 Total Fee by Classification $ 142,686 2A-0008 Task 8 -Phase 2A Report 2A.8.A —Prepare Draft Report $ - Prepare Report $ 25,656 Submit Draft Report to City for Review $ 1,292 City Review of Draft Report $ - City Review Complete $ - 2A.8.B —Prepare Draft Report Presentation $ 7,112 AMEND. NO.9 EXHIBIT"A" Page 9 of 13 KSEnginWng DataExdumpVENNIFERIWATER%E10008 MARY RHODES PIPELINE,PHASE 2WMENDMENT NO.MONTRACTWExhlbit Adoc 2A.8.0 —Draft Report Workshop (Corpus Christi) $ 9,169 2A.8.D —Draft Report Comments Meeting (Corpus Christi) $ 9,169 2A.8.E —Prepare Final Report $ 10,321 2A.8.F —Final Report Presentation (up to 3 meetings in Corpus Christi) $ 34,669 Total Fee by Classification $ 97,388 2A-0009 Project Management 2A.9.A0BC1 Task 9.A—Project Schedule $ 10,060 2A.9.BOBC2 Task 9.6—Progress Reports and Invoices $ 23,342 2A.9.COBC3 Task 9.0—Phase 3 Scoping $ 28,343 Total Fee by Classification $ 61,744 Amendment No. 2 Fee $ 911,997 Amendment No. 3 2A-0005 Task 5- Permitting Activities (Deleted in its Entirety) $ -142,870 2A-0008 Task 8 - Phase 2A Report(Deleted in its Entirety) $ -97,388 3-00010 Task 10 -Garwood Alignment Study Scope of Work 3-0010.1 Data Collection $ 49,709 3-0010.2 Preliminary Hydraulic Study $ 21,975 3-0010.3 Preliminary Environmental Review $ 60,294 3-0010.4 Preliminary Route Analysis $ 45,364 3-0010.5 Final Route Analysis $ 62,916 Amendment No. 3 Fee $ 0 Amendment No. 4 1 Study Phase $ 0 2 Preliminary Phase $ 1,514,814 3 Design Phase $ 3,068,522 4 Bid Phase $ 102,000 5 Construction Phase $ 1,200,000 A- 1 Permitting $ 267,414 A-2 ROW Acquisition Survey $ 350,000 A-3 Topographic Survey $ 891,165 A-4 Subsurface Utility Exploration $ 286,000 A-5 Aerial Photography $ 23,750 A-6 Corrosion Engineering $ 122,768 A-7 Surge Analysis $ 104,181 A-8 Geotechnical Investigation $ 312,737 A-9 Archeological Investigation $ 184,650 A- 10 Hydraulic Modeling $ 37,398 A- 11 ROW Acquisition $ 1,060,601 A- 12 Construction Observation Services $ TBD A- 13 Start-Up Services $ TBD AMEND. NO.9 EXHIBIT"A" Page 10 of 13 KTNjnwft DaWE=haNeUENNIFER%WATER1E10008 MARY RHODES PIPELINE,PHASE ZAMENDMENT NO.9ICONTRACTE#hibit Adoc A- 14 O&M Services $ 150,590 A- 15 Warranty Phase $ TBD A- 16 Provide SCADA Documentation $ TBD Amendment No. 4 Fee $ 9,676,690 Amendment No. 6 2 Preliminary Phase $ 0 3 Design Phase $ 183,179 4 Bid Phase $ 82,814 A- 1 Permitting $ 53,696 A-3 Topographic Survey $ 37,035 A-4 Subsurface Utility Exploration $ -121,045 A-8 Geotechnical Investigation $ 18,749 A-9 Archeological Investigation $ -87,808 A- 10 Hydraulic Modeling $ 36,102 A- 11 ROW Acquisition $ -202,722 Amendment No. 5 Fee $ 0 Total Fee $ 10 990,177 Amendment No. 6 2 Preliminary Phase $ 2,340 A- 11 ROW Acquisition $ 47,600 Amendment No. 6 Fee $ 49,940 Total Fee $ 11,040,117 Amendment No. 7—Joint City of Corpus Christi and LCRA Feasibility Study Study Phase $ 49,822 Amendment No. 7 Fee $ 49,822 Total Fee $ 11,089,939 Amendment No. 8 A-4 Subsurface Utility Exploration $ 49,900 Amendment No. 8 Fee $ 49,900 Total Fee $ 11,139,839 Amendment No. 9 3 Design Phase Monthly Meetings $ 14,554 60% and 90% Review MeetingsNNorkshops $ 10,943 Develop Sequence of Operations/Control Narratives $ 22,080 Integration, Verification, and Validation (IVV) Specs $ 20,315 Coordination with Electrical Subcontractor $ 5,378 Integration of Mary Rhodes Phase 1 with Phase 2 $ 15,206 5 Construction Phase Answer RFI's $ 2,588 AMEND. NO.9 EXHIBIT"A" Page 11 of 13 K1Engineerirg DaWEzdmngeUENNIFERIWATER%E10008 MARY RHODES PIPELINE,PHASE ZAMENDMENT NO.MONTRACTEWhibk A.doe Construction Meetings/Site Visits $ 30,708 Review Shop Drawings $ 10,876 Control Meetings with Contractor(System Integrator) $ 12,911 Factory Acceptance Testing (FAT) $ 17,271 Start-up/Checkout of Controls $ 20,315 Site Acceptance Testing $ 12,519 Amendment No. 9 Fee $ 195,664 Total Fee Ts 11,335,503 AMEND.NO.9 EXHIBIT"A" Page 12 of 13 K-Tnghaedng DataExdwageUENNIFER%WATERXE10008 MARY RHODES PIPELINE,PHASE 2WMENDMENT NO.S%CONTRACTTX'Ilbft AdoC a Rig ----- ir K»»»M»» LL l O F FFaa Qw HH HHHHHH.IN. H N s N nt R+i� Cf r i � S$$°° r r T a r ry ` » r �r f g�� » 0. P�t�4Y SRN pt �tC R�4'1'4 X�i� �a H� M•� i 1'f M N I 3 i 1 w » T SIR 4w 4 a. a z h x c Alan a _ AMEND. NO.9 EXHIBIT"A" lay e13of13 K\Engineeaing DataExchange UENN$FERIWATER4El0008 MARY RHODES PIPELINE,PHASE 2AMENDfMENT NO.91CONTRACThEahibii A d°c N N o o O O o 0 0 o O O o o O O O a. io r d \ \ \ \ \ e C m o 0 00 M N 0 0 0 0 0 cM N C N m E E 00 t a E co a a V 0 0 0 0 0 0 0 0 ❑ Q Q O 0 0 0 O v O 6Lo 9 o O Lo Lo Lo L Lo > T N6 H � 3 d 0 0 0 0 0 � O O O 0 m O O O O o to O 0 • = - to 64 d4 � IL — c d � 0 O O O 00 O O Q 00 00 Lo °o Lo p V 0 609 H in ca H m Lo 0 a o a o o mop-. 000 I• a ti ti w v 0 0 w pp Lo o N N O O o I- 1t! N a W, W I- C4 w F- Q ~ 0 O UJ C y O o 0 0 0 O O I` f- 0 0 0 Q 0 `�' N O N H HH 10 Nco co per, ZZ Z .- T- V- r- N V ; V 69 63 69 d4 —= a aCL _ r, 6% G O O N 0 N 0 ❑ ❑ ❑ N Q N N in m V r r r r V- � N '0 64 64 Ef} 64 E .r 00000 000 ❑ ❑ ❑ o 000 0 0 0 0 0 0 o m m m 0 0 0 0 Loo �nu� o o H. PP 0 000 N N co � NEA � N 00 O V N U N N N v H fQ m V- tA LL t N a m ca N d C) w c N 5 O 0 c Cl) 0U)a Z -a U) 0 U o 5 0 r o a J 0 to a0m0cn aa a0coco tom QH AMEND. NO.9 EXHIBIT"B" Page I of I SUPPI.II?R NUMBER TO BE ASSIGNED BYrrM PURCHASING DIVISION us DISCLOSURE CITY OF CORPUS CHRISTI 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: Freese and Nichols,Inc. P.O.BOX: STREET ADDRESS: 800 N.Shoreline Blvd,Suite 160ON CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation ® 2. Partnership 8 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(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 Coleus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." N/A Name Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name 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 emplloyee 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 1 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 Crype or Print) �Z Signature of Certifying — Date: I .2;s 13 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. "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:' l-egal 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. SC o° a� AGENDA MEMORANDUM NaR�oRpo Future Item for the City Council Meeting of July 23, 2013 ss Action Item for the City Council Meeting of July 30, 2013 DATE: June 25, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Director of Engineering Services DanB(a cctexas.com 361-826-3729 Valerie Gray, P.E. Director of Storm Water and Street Operations ValerieGC cctexas.com 361-826-1875 Motion adopting a resolution for the acquisition of real property rights for the Holly Road Street Improvement Project — Greenwood Dr. to (SH 286) Crosstown Expressway, Bond 2008 CAPTION: A resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of parcels of land by fee simple title to the surface estate, utility easements, and temporary construction easements for a street improvement project known as the Holly Road Street Improvement Project which is to be generally located from Greenwood Dr. to (SH286) Crosstown Expressway, Bond 2008; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the fee simple and easement interests in the properties; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation the parcels of land described herein by a single record vote of the City Council. PURPOSE: Should it ever become necessary to use proceedings in eminent domain to acquire the property rights needed for the Holly Road Street Improvement Project — Greenwood Dr. to (SH286) Crosstown Expressway, Bond 2008, Council must first determine that a public use and necessity exists for the Project, and then must delegate its authority to use the power of eminent domain to the City Manager. Only if the City and the landowners cannot reach an agreement on the value of the parcel and any resulting damages would eminent domain proceedings become necessary to acquire the easement or fee simple rights. The City Manager also requests authority to purchase the necessary property rights by authorizing the City Manager or his designee to execute all real estate purchase contracts and related instruments, provided that the amounts are within Council-approved project budgets. BACKGROUND AND FINDINGS: On September 1, 2011 , Texas Senate Bill 18 also known as SB18, became effective which requires all entities with eminent domain authority, to follow certain procedures prior to initiating eminent domain proceedings under Section §21.012 of the Texas Property Code. The new procedures are more restrictive on the condemning authorities and stipulate certain requirements. One of them is the requirement of a vote on the use of eminent domain by a governmental entity under Section 2206.052 of the Texas Government Code. The original resolution approved on July 6, 2011 lacked certain details now required by SB 18. This resolution and the motion to adopt it are in a form required under Senate Bill 18 and other state law requirements. Staff requests Council pass the motion to adopt the resolution as presented The City will proceed to acquire land rights including fee simple surface rights, utility easement, and temporary construction easements from nine various landowners within the project area. The landowners, listed on the attached Parcel Ownership List, have been given written notification of the upcoming street project along with the required Texas Landowner Bill of Rights. Offers of just compensation will be presented based on real estate appraisals obtained by the City. Negotiations will commence upon presentation of the written offers. ALTERNATIVES: No alternatives are available for a governmental entity to be able to use of its power of eminent domain. Under Texas law, Council must adopt a resolution at a public meeting by record vote delegating its authority. . OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The resolution conforms to the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Section 1. The resolution and the motion adopting it conform to Senate Bill 18 (SB18), Chapter 21 of the Property Code, and Chapter 2206.052 of the Government Code. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Engineering and Street Departments 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 Encumbered / Expended Amount This item BALANCE Fund(s): Streets, FY 2011-2012 and future FY2013-2014 programming. Comments: None RECOMMENDATION: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Project Location Map Parcel Ownership List Resolution File \Mproject\councilexh\exh52441and.dwg JH AGNES N Z d MA PROJECT a LOCATION Pm O� sq�gTOCq ��� spy �O 'k ? a� a /y f;M. 43 V LOCATION MAP Nor r0SCtE Al PROJECT SITE srRE�T �? AZ Ri O� Off. VICINITY MAP PROJECT#6470 NOT TO SCALE 3 Project Location Map CITY COUNCIL EXHIBIT Holly oad-Greenwood to Crosstown C E CORPUS CHRISTI, TEXAS y DEPAARR TMENT OF ENGINEERING SERVICES BOND 2008 PAGE: 1 of 1 f Holly Road Street Improvements Project No. 6470 Parcel Ownership List Parcel# Owner Type of Taking Legal Description of Parent Tract 1 Eagle Leasing, Inc. Fee simple Cabaniss Acres, Part of Lot 1,All Lots 2 Thru 4, Block 9 2 SNL Properties, LLC; Fee simple surface rights Cabaniss Acres, Less 5 X 150 Ft of NW Corner of Lot 12,Block 9 3 Jose L. Flores,et al Fee simple surface rights Cano Place Unit 1, Lot 1, Block 11 4 Phero&Anna,Inc. Fee simple surface rights Bohemian Colony Lands, 1.698 Ac.out of Lot 8, Section 7 5,5A South Padre Investment Inc. Fee simple; U.E.; & T.C,E Bohemian Colony Lands, 144.792 Ac,out of Lots S&6, Section 4 6,6A 1814 Holly Road Ltd. Fee simple; U.E.; & T.C.E Holly Rd Industrial Tracts, Lot 1, Block 2 7 Lynna Lynette Simpson Fee simple; U.E.; & T.C.E Holly Rd Industrial Tracts, Lot A,Section 1 8, 8A James B.Ragan,Atty at Law Fee simple; U.E.; & T.C.E Bohemian Colony Lands, 3 Ac,out of Lot 5,Block 4 9, 9A South Padre Investment Inc. Fee simple; U.E.; & T.C.E Bohemian Colony Lands, 65.18 Ac.out Lots 3&4, Section 4 U.E. = Utility Easement T.C.E. = Temporary Construction Easement I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS (1) DETERMINING THE PUBLIC NECESSITY AND PUBLIC USE FOR THE ACQUISITION OF PARCELS OF LAND BY FEE SIMPLE TITLE TO THE SURFACE ESTATE, UTILITY EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS FOR A STREET IMPROVEMENT PROJECT KNOWN AS THE HOLLY ROAD STREET IMPROVEMENT PROJECT WHICH IS TO BE GENERALLY LOCATED FROM GREENWOOD DR. TO (SH 286) CROSSTOWN EXPRESSWAY, BOND 2008; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY TO ACQUIRE THE PROPERTY INTERESTS SUBJECT TO AVAILABILITY OF FUNDS APPROPRIATED FOR SUCH PURPOSES; (3) AUTHORIZING THE CITY MANAGER TO INSTITUTE CONDEMNATION BY EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE FEE SIMPLE AND EASEMENT INTERESTS IN THE PROPERTIES; (4) AUTHORIZING PAYMENT PURSUANT TO AN AWARD BY SPECIAL COMMISSIONERS; (5) AUTHORIZING ACCEPTANCE AND RECORDING OF APPROPRIATE LEGAL INSTRUMENTS; AND (6) APPROVING CONDEMNATION FOR ALL UNITS OF PROPERTY TO BE ACQUIRED BY CONDEMNATION THE PARCELS OF LAND DESCRIBED HEREIN BY A SINGLE RECORD VOTE OF THE CITY COUNCIL. WHEREAS, the City of Corpus Christi is in need of various tracts of land, utility easements, and temporary construction easements described herein for the purposes of street and related improvements, and, WHEREAS, in accordance with the Texas Property Code, the Landowner's Bill of Rights, has been or will be provided to the landowners; and, WHEREAS, in accordance with Section 2206.053 of the Texas Government Code, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of the City Council, (with no Councilmember objecting to adoption by single resolution for all units of property for which condemnation proceedings are to be initiated), the City Council has determined to utilize its constitutional and statutory authority to exercise its authority for eminent domain in accordance with State law; and, WHEREAS, the land rights, utility easements, and temporary construction easements listed in Exhibit"A," are necessary to advance the public uses recited herein; and, WHEREAS, Texas Government Code Section 2206.053 (f) provides that if a project for a public use will require a governmental entity to acquire multiple tracts or units of property to construct facilities connecting one location to another location, the governing body of the governmental entity may adopt a single ordinance, resolution, or order by record vote that delegates the authority to initiate condemnation proceedings to the chief administrative official of the governmental entity; and, WHEREAS, based on an engineering study, the location of said street and related improvements optimizes the enhancement and adequacy of municipal streets; 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. Section 2. That the City Council of the City of Corpus Christi, Texas, hereby finds and determines that a public use and necessity exists for the welfare of the City and its citizens to construct the Holly Road Street Improvement Project, and it is in the public interest to acquire the tracts of land, utility easements, and temporary construction easements, as described and listed in Exhibit "A" and depicted in Exhibit `B," attached hereto and incorporated herein, for such public use; that such acquisition is solely for the public use and necessity of acquiring this uniquely situated land for providing improvements to its municipal street system. Section 3. That the City Manager, or designee, is hereby authorized on behalf of the City to take all steps necessary to acquire the fee simple and easement interests for the Holly Road Street Improvement Project, including acceptance and recording of legal documents, all subject to availability of funds appropriated for such purposes. If such offer and an agreement as to damages and compensation cannot be reached, then the City Manager is delegated the authority to direct the City Attorney, or designee, to file or cause to be filed against the owners and interested parties of the property, proceedings in eminent domain in accordance with State law to acquire the properties in fee simple and easement interests in the properties. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised description, the City Attorney, or designee, is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. The City Manager or designee is authorized to issue payment pursuant to an award by Special Commissioners in the condemnation matter. Section 4. That the City Manager or designee is fully authorized to negotiate and make final offers, and to execute the contracts and instruments necessary to purchase and acquire all properties necessary and to pay for said properties provided the amounts paid are within the Council approved project budgets, all without requiring additional City Council consideration or approval. Section 5. That this resolution authorizing condemnation proceedings over the units of property described and listed in Exhibits A and B, shall be approved by single record vote of the City Council. Section 6. That this Resolution shall take effect immediately from and after its passage and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, this day of , 2013. 3 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 4 Exhibit "A" HOLLY ROAD STREET IMPROVEMENT PROJECT PROJECT NO. 6470 PARCEL OWNERSHIP LIST Parcel# Owner Type of Taking Legal Description of Parent Tract Eagle Leasing, Inc. Cabaniss Acres, Part of Lot 1, All Lots 1 Fee simple 2 Thru 4, Block 9 SNL Properties, LLC Fee simple Cabaniss Acres, Less 5 X 150 Ft of 2 surface rights NW Corner of Lot 12, Block 9 Jose L. Flores, et al Fee simple 3 surface rights Cano Place Unit 1, Lt 1, Block 11 Phero &Anna, Inc. Fee simple Bohemian Colony Lands, 1.698 Ac. 4 surface rights out of Lot 8, Section 7 South Padre Investment Fee simple; U.E.; Bohemian Colony Lands, 144.792 Ac. 5,5A Inc. & T.C.E out of Lots 5 & 6, Section 4 1814 Holly Road Ltd. Fee simple; U.E.; Holly Rd Industrial Tracts, Lot 1, 6,6A & T.C.E Block 2 Lynna Lynette Simpson Fee simple; U.E.; Holly Rd Industrial Tracts, Lot A, 7 & T.C.E Section 1 James B. Ragan, Atty at Fee simple; U.E.; Bohemian Colony Lands, 3 Ac. out of 8, 8A Law & T.C.E Lot 5, Block 4 South Padre Investment Fee simple; U.E.; Bohemian Colony Lands, 65.18 Ac. 9, 9A Inc. & T.C.E out Lots 3 &4, Section 4 U.E. = Utility Easement T.C.E. = Temporary Construction Easement 5 Exhibit `B" Ff#e j,u ro ect cowiciiexh exh5244tond.dw IH MA PROJECT LOCA71ON t � l FA 43 LOCATION MAP Actor W SCALE a. t � µ t • A. - PROJECT SM � so AZ VICINITY MAP PROJECT M70 NOT To SC4E Project Location Map CITYCOUNCIL�rarr Holt Road-Greenwood to Crosstown cAR E CORPUS C#1RING EA Y �F�, raar:rrr t7��racsnrt:e�trtc srces BOND 2008 PAGE; I of 1 , . r S AGENDA MEMORANDUM POR Future Item for the City Council Meeting of July 28, 2018 1852 Action Item for the City Council Meeting of July 30, 2018 DATE: .tune 15, 2018 T : Ronald L. Olson, City Manager THROUGH: Wes Pierson, assistant City Manager (851) 825-8082 wesp @cctexas.com FRO _: Mike Culbertson (881) 882-7448 mculbertson@ccredc.com Type A Grant for Service Carps of Retired Executives (SCORE) Chapter 221 for Fiscal Year 201'4 CAPTION': Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide grant up to $50,000 to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the SCORE Chapter 221 Small Business Incentives Agreement. PURPOSE: Approve a Type A Grant for SCORE to assist small businesses through workshops and counseling for Fiscal Year 2014 BACKGROUND AND FINDINGS: SCORE has been aiding small businesses in Corpus Christi through their outreach by holding workshops on various subjects of use to the small business owner, and by providing counseling through face to face meetings and through emails. SCORE will have a contractor to coordinate the workshops and the advertising for these workshops, They have helped over 2,000 small businesses in the city each year for the past three years. SCORE has received funding since 2008. The Type A Board approved the grant during their June 17, 2018 meeting. ALTERNATIVES: The help that they provide is not available anywhere else. The Small Business Development Center could offer some of the counseling services but they are limited on resources. OTHER CONSIDERATIONS: By helping small businesses the City is increasing the economic development and growing future jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and helping small businesses thrive in Corpus Christi. EMERGENCY/ NON-EMERGENCY: NON-EMERGENCY DEPART MENTAL CLEARANCES: FINANCIAL IMPACT: o Operating Ei Revenue Ll Capital c3 Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP and Current Year Future Years TOTALS Line Item Budget 50,000 50,000 Encumbered / Expended Amount This item 50,000 50,000 BALANCE 0 0 Fund: Type A Fund Comments: Council approved the Type A budget for 2013-2014 RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to enter into a one year Type A agreement LIST OF SUPPORTING DOCUMENTS: Resolution for Small Business Incentive Agreement SCORE Small Business Incentive Agreement SCORE Business Support Agreement Page 1 of 2 RESOLUTION Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide grant up to $50,000 to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the SCORE Chapter 221 Small Business Incentives Agreement. WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from SCORE to assist small businesses within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement to assist small businesses between the Type A Corporation and SCORE; WHEREAS, there is a need for a business incentive project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentives agreement to assist small businesses between the Type A Corporation and SCORE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentives agreement for business development between the Type A Corporation and SCORE to assist small businesses within the City of Corpus Christi, which agreement is on file with the City Secretary's Office, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation for the implementation and administration of the business incentives agreement with SCORE, which agreement is on file with the City Secretary's Office. This resolution takes effect upon City Council approval on this the day of , 2013. RESOLUTION SCORE Business Incentive Agreement 7-9-13 Page 2 of 2 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor APPROVED: day of 2013. 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 SCORE Business Incentive Agreement 7-9-13 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND SERVICE CORPS OF RETIRED EXECUTIVES (SCORE) CHAPTER 221 FOR BUSINESS DEVELOPMENT This Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Service Corps Of Retired Executives Chapter 221 ("SCORE"), a Washington, D.C. non-profit corporation. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009-2011 on November 17, 2009; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation-, WHEREAS, SCORE will provide assistance to small businesses, persons, and entities desiring to begin and operate a small business in Corpus Christi by mentoring clients; conducting workshops; and advising clients as to business plans, pro-forma statements, forms of business entity, financial implications of business decisions, and all other aspects of small business operations; WHEREAS, SCORE proposes retain an executive assistant/coordinator to assist SCORE volunteers in administrating the assistance program; WHEREAS, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to SCORE, through this Agreement with SCORE, to be used by SCORE to provide assistance to small businesses. Page I of 8 SCORE Type A Small Business Development Agreement 0 5 12 13 In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and SCORE agree as follows. 1, Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term, a. The term of this Agreement is for one year from August 1, 2013, through July 31, 2014. b, This Agreement may be extended at the option of the Corporation for up to four additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. c. If this Agreement is extended for subsequent period, this Agreement may be amended by adoption of a revised Schedule A, which is attached to and incorporated into this Agreement. 3. Performance Requirements and Grants. The Performance Requirements and Grants are listed in Exhibit A, which is attached to and incorporated into this Agreement. 4. Warranties, SCORE warrants and represents to Corporation the following' a. SCORE is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. SCORE has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. SCORE has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. SCORE has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of SCORE are duly authorized to execute this Agreement on behalf of SCORE, f. SCORE does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, SCORE is convicted of a violation under §U.S.C. Section 1324a(f), SCORE shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120" day after the date SCORE has been notified of the violation. 5. Compliance with Laws. SCORE shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. Page 2 of 8 SCORE Type A Small Business Development Agreement 05 12 13 6. Non-Discrimination. SCORE covenants and agrees that SCORE will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 7. Force Majeure. If the Corporation or SCORE are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or SCORE are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 8. Assignment. SCORE may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 9. Indemnity. SCORE covenants to fully indemnify, save,, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("'Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with SCORE activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. SCORE must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 10. Events of Default by SCORE. The following events constitute a default of this Agreement by SCORE: a. The Corporation or City determines that any representation or warranty on behalf of SCORE contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b.Any judgment is assessed against SCORE or any attachment or other levy against the property of SCORE with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. SCORE makes an assignment for the benefit of creditors. d. SCORE files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by SCORE become delinquent, and SCORE fails to timely and properly follow the legal procedures for protest or contest. Page 3 of 8 SCORE Type A Small Business Development Agreement 05 12 13 f. SCORE changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 11. Notice of Default. Should the Corporation or City determine that SCORE is in default according to the terms of this Agreement, the Corporation or City shall notify SCORE in writing of the event of default and provide 60 days from the date of the notice ("Cure Periodn) for SCORE to cure the event of default. 12. Results of Uncured Default by SCORE. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of SCORE, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. SCORE shall immediately repay all funds paid by Corporation to them under this Agreement. b. SCORE shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by SCORE of all sums due, the Corporation and SCORE shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor SCORE may be held liable for any consequential damages. 13. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of SCORE's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time SCORE is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 14. SCORE specifically agrees that Corporation shall only be liable to SCORE for the actual amount of the money grants to be conveyed to SCORE, and shall not be liable to SCORE for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Page 4 Of 8 SCORE Type A Small Business Development Agreement 05 12 13 Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from SCORE to be accompanied by all necessary supporting documentation. 15. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council, that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 16. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: SCORE Chapter 221 SCORE 221 Chapter Chair 3649 Leopard St., Suite 411 Corpus Christi, Texas 78408 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.0, Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 17. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. Page 5 of 8 SCORE Type A Small Business Development Agreement 45 12 13 18. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 19. Relationship of Parties. In performing this Agreement, both the Corporation and SCORE will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 20. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 21. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 22, Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 23. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and SCORE. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 24. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. [The rest of this intentionally left blank] Page 6 of 8 SCORE Type A Small Business Development Agreement 05 12 13 Corpus Christi Business &Job Development Corporation By-, Robert Tamez President Date: Attest: By: Armando Chapa Assistant Secretary SCORE Chapter 221 By: --(Ile-4- P -- ja '-Green President Date: 2-1 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on (P w 013, by Jack I Green, Pr'"ident for Service Corps of Retired Executives (SCORE) Chapter 221, a Washington, D.C, non profit corporati n, on 6half of the corporation. Notary ublic State o Texas IRENE MAR IA Notary Public,state of Texas M y commission Expires August 30,2016 Page 7 of 8 SCORE Type A Small Business Development Agreement 05 12 13 EXHIBITA PERFORMANCE MEASURES AND CORPORATION GRANTS 1. Corporation will reimburse SCORE by grant for all direct expenses related to the project. The total reimbursements may not exceed Fifty Thousand Dollars ($50,000.00) 2. Providing 1,620 hours of general and technical services to small businesses through volunteer counselors. 3 SCORE agrees to the following reporting and monitoring provisions, and failure to fully and timely comply with any one requirement is an act of default. 4. SCORE shall provide quarterly reports on its performance requirements. The reports must document: a. Number of face to face consultations between SCORE volunteers and small business owners or prospective owners. b. Number of workshops with description of workshop and number of attendees. c. Number of small business owners or prospective owners who were provided counseling by email or on-line services. 5. SCORE, during normal working hours, at its Corpus Christi, Texas, facility, shall allow Corporation and its designee, the City's Economic Development Department ("Department"), reasonable access to SCORE's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this agreement, but the confidentiality of records and information shall be maintained by Corporation and Department, unless the 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. A-8 SCORE Type A Small Business Development Agreement 05 1 2 13 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009-2011 on November 17, 2009; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Service Corps Of Retired Executives Chapter 221 ("SCORE") has submitted a proposal to the Type A Corporation for a $50,000 grant to assist small businesses in Corpus Christi; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund SCORE's assistance of small businesses in Corpus Christi; and In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation of Jobs between the Type A Corporation and SCORE related to SCORE's assistance of small businesses in Corpus Christi ("Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentives Agreement. Page 1 of 3 Type A Business Support Agreement-SCORE 2014 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentives Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is August 1, 2013. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. {Remainder of this page intentionally left blank] Page 2 of 3 Type A Business Support Agreement-SCORE 2014 The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Robert Tamez City Manager President Date: Date: Attest Armando Chapa City Secretary Page 3 of 3 Type A Business Support Agreement-SCORE 2014 SC a v KPNP9ft RE 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 Action Item for the City Council Meeting of July 30, 2013 DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Action Setting the City Council Meeting Date to Adopt the Property Tax Rate and to Schedule Two Public Hearings CAPTION: A. Motion setting September 10, 2013 as the date of the adoption of the ad valorem tax rate of $0.588797 per $100 valuation. B. Motion setting a public hearing on the ad valorem tax rate for August 20, 2013 and a second public hearing for August 27, 2013, during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: The fiscal year 2013-2014 proposed operating budget has assumed a tax rate of $0.588797 in the determination of ad valorem tax revenue for fiscal year 2013-2014. This rate is an increase of $0.01824 from fiscal year's rate of $0.570557 per $100 valuation, and the increase was approved by the voters on November 6, 2012 to fund the Bond 2012 approved projects. Since this rate is anticipated to exceed the effective tax rate, the two motions noted above are needed for the City to be in compliance with "truth-in-taxation" as it relates to the Property Tax Code. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, the Property Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. Since the property tax rate in the proposed fiscal year 2013-2014 budget is $0.588797 per $100 valuation which is expected to exceed the effective tax rate, then State law requires the City Council to follow the steps outlined above. Additionally, the City will work with the Nueces County Tax Office to obtain the effective tax rate worksheet during the first week of August so that we can publish the required information in the Corpus Christi Caller-Times by August 4, 2013. If the information is not received in time to publish on August 4t", then it will be published the following week on August 11t" Two public hearings will then be held — one on August 20, 2013, and the second on August 27, 2013. Then the vote for the final adoption of the tax rate will be held at the next City Council meeting on September 10, 2013. The last step will be the approval of the tax levy in late September once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTALCLEARANCES: • Legal Department FINANCIAL IMPACT: ❑ Operating Expense X Revenue ❑ Capital ❑Not Applicable Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - $ 83,345,697 $ 83,345,697 Encumbered/Expended amount of(date) - - - - This item - $ 83,345,697 $ 83,345,697 BALANCE - - $ - $ - FUND(S): General Fund$53,936,095 Debt Service Fund$29,409,602 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. LIST OF SUPPORTING DOCUMENTS: • None SC a v KPNP9ft RE 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 Action Item for the City Council Meeting of July 30, 2013 DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Action Setting the City Council Meeting Date to Adopt the Property Tax Rate and to Schedule Two Public Hearings CAPTION: A. Motion setting September 10, 2013 as the date of the adoption of the ad valorem tax rate of $0.588797 per $100 valuation. B. Motion setting a public hearing on the ad valorem tax rate for August 20, 2013 and a second public hearing for August 27, 2013, during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: The fiscal year 2013-2014 proposed operating budget has assumed a tax rate of $0.588797 in the determination of ad valorem tax revenue for fiscal year 2013-2014. This rate is an increase of $0.01824 from fiscal year's rate of $0.570557 per $100 valuation, and the increase was approved by the voters on November 6, 2012 to fund the Bond 2012 approved projects. Since this rate is anticipated to exceed the effective tax rate, the two motions noted above are needed for the City to be in compliance with "truth-in-taxation" as it relates to the Property Tax Code. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, the Property Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. Since the property tax rate in the proposed fiscal year 2013-2014 budget is $0.588797 per $100 valuation which is expected to exceed the effective tax rate, then State law requires the City Council to follow the steps outlined above. Additionally, the City will work with the Nueces County Tax Office to obtain the effective tax rate worksheet during the first week of August so that we can publish the required information in the Corpus Christi Caller-Times by August 4, 2013. If the information is not received in time to publish on August 4t", then it will be published the following week on August 11t" Two public hearings will then be held — one on August 20, 2013, and the second on August 27, 2013. Then the vote for the final adoption of the tax rate will be held at the next City Council meeting on September 10, 2013. The last step will be the approval of the tax levy in late September once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTALCLEARANCES: • Legal Department FINANCIAL IMPACT: ❑ Operating Expense X Revenue ❑ Capital ❑Not Applicable Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - $ 83,345,697 $ 83,345,697 Encumbered/Expended amount of(date) - - - - This item - $ 83,345,697 $ 83,345,697 BALANCE - - $ - $ - FUND(S): General Fund$53,936,095 Debt Service Fund$29,409,602 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. LIST OF SUPPORTING DOCUMENTS: • None AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 1852 Action Item for the City Council Meeting of July 30, 2013 DATE: July 1, 2013 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Renewal of state and federal external legislative consultant contracts. CAPTION: Motion authorizing the City Manager to execute one year renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services for$78,000 per year plus reasonable expenses and with Meyers & Associates for federal governmental relations services for$72,000 per year plus reasonable expenses. PURPOSE: Renewal of annual governmental relations contract between the City of Corpus Christi and Focused Advocacy for state governmental relations services and Meyers &Associates for federal governmental relations services. BACKGROUND AND FINDINGS: The City has engaged the services of external firms for state and federal governmental relations services for many years. Focused Advocacy became the City's consultant for state matters in 2011, but represented the City before that with a different firm. Meyers and Associates has represented the City since the early 1990s. Both firms are well-respected and connected in their respective legislative arenas and have been effective and resourceful advocates for the City. ALTERNATIVES: (1) Not renewing one or both of the consulting contacts, (2) Attempt to renegotiate the terms of the contracts, or (3) Selecting a different organization/individual to represent the City. OTHER CONSIDERATIONS: Focused Advocacy notified the IGR Director that the monthly retainer will increase in FY 14 from $6,000 per month to $6,500 per month due to increased operating expenses. This fact was revealed long after development of the FY 14 budget was prepared. The contract amounts with Meyers and Associates will not change for FY 14, but could change in future fiscal years. CONFORMITY TO CITY POLICY: The agreements being proposed for renewal are consistent with past agreements and have been approved by the City Attorney. These funds are available and budgeted for the 2014 fiscal year. EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: ACM — Business Support Services City Attorney Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital Not applicable Project to Date Fiscal Year: 2014- Expenditures Future Year 2015 CIP only) Current Year FY 14 TOTALS Line Item Budget $192,000 $192,000 Encumbered / Expended Amount This item BALANCE Fund(s): 1020, 4010, 4130, and 4200 (federal only) Comments: None RECOMMENDATION: Staff recommends continuing the City's existing relationships with both Focused Advocacy in Austin and Meyers &Associates in Washington, D.C., for the 2014 fiscal year. The organizations have a record of success in assisting with achieving the City's priorities and are responsive to the City's needs. We recommend approval of the two contracts for the upcoming year. LIST OF SUPPORTING DOCUMENTS: 1. Renewal contract with Focused Advocacy 2. Renewal contract with Meyers & Associates 3. Certification of Funds F 0 C U S 10 ADVOCACY CONTRACT FOR PUBLIC AFFAIRS CONSULTING SERVICES (City of Corpus Christi,Texas) This contract is made the 23rd 30,h day of July,20132,between City of Corpus Christi,Texas, Formatted:Superscript having its principal place of business at 1201 Leopard,Corpus Christi,TX 78401(hereinafter "Client") and Focused Advocacy having its principal place of business at 823 Congress Avenue,Suite 1200,Austin,Texas 78701 (hereinafter"Consultant") for the provision of public affairs consulting services related to the Client. 1. Services. Consultant will provide the services described below. a.At the direction of Client,represent the Client in dealings with elected and appointed officials,legislative staff,regulators,and interested stakeholders on matters of public policy identified by the Client with a particular emphasis on matters that impact municipal services and budgets. b.Provide analysis and tracking of government actions and decisions that could have an effect on the governmental affairs strategy of the Client c.Advise Client on legislative actions contemplated and taken with respect to identified issues and goals. Assist in the development of a comprehensive strategy to accomplish Client's government affairs goals and objectives. d.Assist the Client in the passage of legislative initiatives that are proposed and identified by the Client as part of their overall legislative agenda. e.Consult with Client regarding the effectiveness of its relationships with elected officials,processes and the political environment in Texas. Identify and implement strategies to enhance Client profile with targeted individuals and entities including the arrangement of periodic visits and/or functions with key legislators and staff. f.Use best efforts to provide information to and educate decision makers with regard to Client's interests and government affairs objectives. Client will work to ensure Consultant has appropriate information and data to assist efforts in this regard. It is understood and agreed Consultant will not make representations or statements on Client's behalf without prior authorization to do so. 823 CONGRESS AVENUE,STE.1200 • AUSTIN,TEXAS 78701 • INFO@a FOCUSEDADVOCACY.COM F 0 C U S 10 ADVOCACY g.Monitor,by attendance at meetings and otherwise,state legislative and regulatory bodies considering legislation and/or rulemaking that would impact Client's government affairs objectives and interests. h.Monitor and track legislation that impacts Client's interest during the regular session and any called special sessions of the Texas Legislature during the term of the Agreement Client or Consultant will identify such legislation as having a potential material impact on Client's interests. i.Consultant will assist in preparing city officials who testify before the Texas Legislature. As part of this preparation the Consultant will assist in formulating written and verbal testimony for city officials who provide testimony to legislative and administrative bodies. 2. Client Support and Communication. Consultant will provide Client both written and verbal status reports on all matters affecting their stated interests. Consultant will attend Client meetings,as requested and schedule permitting,to assure timely and effective communications. Snapper Carr and Brandon Aghamalian will serve as the primary contact on behalf of the Consultant 3. Legal Services. It is understood and agreed that Consultant is being retained hereunder to provide governmental consulting services and not to provide legal advice or services to Client. In the event that legal opinions or financial analysis are needed at any time with respect to Client's interests,the decision to seek additional professional advice and services,and from whom,shall rest exclusively with Client 4. Expansion of Scope of Work. Should representation expand significantly beyond the contemplated scope outlined in the Agreement,both parties will mutually agree to discuss the role of the expanded services and agree,if necessary,to discuss the payment of additional compensation during this unlikely event It is also understood that the Consultant works independently of any additional consultants the Client may have under contract 5. Term. This Agreement is effective on August 1,20132 through July 31,20143 (12 month period).Either party may terminate the contractby giving thirty(30) days written notice to the other party. 6. Compensation. In consideration for the performance of services,Client shall pay fees as follows: a.$6,000(six thousand dollars) $6,500 per month for the duration of the contract. The fee will be billed on or about the first of each month. 823 CONGRESS AVENUE,STE.1200 • AUSTIN,TEXAS 78701 • INFO@a FOCUSEDADVOCACY.COM F 0 C U S 10 ADVOCACY b. Payment shall be made to Focused Advocacy,LLC,823 Congress Avenue,Suite 1200,Austin,Texas 78701 (Attention: Snapper L.Carr). 7. Independent Contractor Relationship. It is understood by the parties that Consultant is an independent contractor for the purposes of any federal and/or state laws including tax laws,and that Consultant is not in any way an employee,full or part-time of Client 8. Expenses. Client agrees to pay Consultant's reasonable expenses incurred for pre- approved travel made at Client's request for work connected to this agreement "Reasonable expenses"shall include airfare,hotels,taxis,shuttles,rental cars,meals. Consultant agrees to comply with all applicable expense reimbursement policies of the Client. Consultant shall provide documentation of all reimbursable expenses. Client shall pay these invoices within thirty(3 0) days of receipt. 9. State Law. Under Texas and federal law there are various requirements imposed on persons and organizations that interact with state officials,especially where an attempt is made to influence legislation or contracts. In this regard,Consultant will promptly inform Client when any such filings are necessary and shall seek registration with respect to the services to be performed on Client's behalf. Consultant agrees to perform its obligations under this contract in compliance with all applicable laws. 10.Lobby Activities and Reporting. The Texas ethics law and rules adopted by the Texas Ethics Commission require the Consultant to report compensation or reimbursement paid to Consultant for the purpose of directly communicating with members of the legislative or executive branch. Texas Ethics Commission Rules provide that a registrant receiving compensation or reimbursement for purposes other than lobby activities may reasonably determine the amount of compensation attributable to lobby activities and report only that amount The rules define"lobby activity"as"Direct communication with one or more members of Texas legislative or executive branch to influence legislation or administrative action and activities in preparing for such direct communication." The Consultant will allocate on a reasonable basis,as allowed by the rules,the amount of the retainer paid to the Consultant that is being paid for"lobby activities". Based upon Consultant's experience representing other clients,the Consultant believes 50(fifty) percent will be a reasonable estimate of the monthly retainer attributable to "lobby activities." It is understood and agreed that the Consultant's activities will be monitored from time to time so that any change in the amount of time spent on lobby activities as 823 CONGRESS AVENUE,STE.1200 • AUSTIN,TEXAS 78701 • INFO@a FOCUSEDADVOCACY.COM F 0 C U S 10 ADVOCACY defined by the rules of the Texas Ethics Commission will be detected and updated,if necessary. 11.Confidentiality. If a party provides information or materials indicated to be confidential,the receiving party will maintain the confidentiality of such matters and not disclose any such information except in proper performance of this contract and as required by law. 12.Conflicts of Interest. By signing this Agreement,Client is consenting to the representation of multiple clients by the Consultant and is confirming that no direct conflicts of interest currently exist. If any such conflict should develop,Consultant agrees to bring that fact immediately to the attention of both Clients for resolution. Consultant will exercise extreme cares to avoid conflicts,unintended or otherwise, which arise,if ever,in the future. It is understood that Consultant intends to focus their legislative representation on local government issues and will undertake all necessary steps to avoid and prevent conflicts of interests with private sector interests. Consultant agrees to fully comply with the Texas Ethics laws concerning conflicts of interests. 13.Termination. Either party may terminate this agreement,without cause,upon thirty(30) days written notice to the other. The Client may also terminate this contract with fifteen(15) days notice if termination is caused due to an irresolvable conflict of interest 14.Entire Agreement and Modifications. This Agreement contains the entire agreement and understandings of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written,negotiations and discussions. This Agreement may not be modified,rescinded or terminated orally,and no modification,rescission, termination or attempted waiver of any provision hereof(including this section) shall be valid unless in writing and signed by the parties hereto. IN WITNESS WHEREOF,the parties have executed this Agreement through their duly authorized officers,as of the date set forth above. 823 CONGRESS AVENUE,STE.1200 • AUSTIN,TEXAS 78701 • INFO@a FOCUSEDADVOCACY.COM F 0 C U S 10 ADVOCACY City of Corpus Christi,Texas Focused Advocacy, LLC By: By: Mr.Ron Olson Mr.Snapper L.Carr City Manager General Counsel Date: Date: ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: Carlos Valdez City Attorney 823 CONGRESS AVENUE,STE.1200 • AUSTIN,TEXAS 78701 • INFO@a FOCUSEDADVOCACY.COM AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES This agreement is by and between the City of Corpus Christi (the "City") and Meyers & Associates, a Washington based governmental relations consulting firm ("Meyers"), and is effective the 1st day of August 20132. WITNES SETH: WHEREAS, many key goals of the City of Corpus Christi, especially economic development goals, are directly and critically affected by decisions of the United States Congress, President and Federal Agencies. These include, but are not limited to, protection of our military installations, assurance of an adequate water supply, reasonable air quality standards, funding for Community Development Block Grants and HOME programs, protecting the tax exempt status of municipal bonds, the North Padre Island Storm Damage Reduction and Environmental Restoration Project, transportation policy and project funding, including the Harbor Bridge, Interstate 69, freight rail expansion, and maintenance of the Gulf Intracoastal Waterway, and various other regulatory and funding programs; and WHEREAS, Meyers specializes in providing governmental relations services in federal legislative and administrative matters. NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: 1. City Duties. The City hereby appoints Meyers to act on its behalf to assist in furthering City goals in Washington under terms acceptable to the City including: a. The City, through its City Manager, Director of Intergovernmental Relations and City Attorney will supervise the activities of Meyers in monitoring and promoting policies which assist in furthering the City's interests and goals. b. The City will pay or cause to be paid to Meyers $6,000.00 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out-of-pocket expenses. C. Such payments will commence in August 20132 and will continue for(12) twelve consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. d. The services and relationship between the City and Meyers may be terminated with 30 days notice by the City Manager. Page 1 of 3 2. Meyers' Duties. Meyers agrees that they will: a. Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. Perform all services according to high professional standards. C. Report any potential conflict of interest at once for resolution by the City Manager, should a potential conflict develop between services performed for the City and Meyers' other clients. d. Comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. e. Provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. 3. Term. This Agreement shall commence August 1, 20132 and continue until July 31, 20143, subject to the provisions for cancellation set out in Section 1 (d) above. 4. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. 5. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Assignment. This Agreement may not be assigned by either party without mutual consent in writing. 8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 9. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. Page 2 of 3 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. . 11. Governing law. This Agreement shall be construed and enforced in accordance with and governed by law of the State of Texas. 12. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties hereto have signed this Agreement and same is made effective upon execution by all parties. CITY OF CORPUS CHRISTI, TEXAS By: Ron L. Olson Date City Manager MEYERS & ASSOCIATES By: Larry Meyers Date MEYERS & ASSOCIATES APPROVED AS TO FORM: CITY ATTORNEY Carlos Valdez Page 3 of 3