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Home My WebLink AboutAgenda Packet City Council - 08/20/2013Tuesday, August 20, 2013 »a «« Council Chambers 111131 ;!;!qT 11111 J1711, 11' ll' 1 11 1 I I i � I 1, 1! 11 111; 1 11 � I I I I � INI 1 17Y a' It �1 I 17 IIJIM -. 6: R;? ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. ingl6s-espallillol en Was lasjuntas del Concilid para ayadade. rilo law-, 011111riiii,1110a "M 1; a 701190111, 1 .2+<m Vl Illlllllpl Jill f-Tii7jiti =-i - M =- Corpus ChdsV Page I Printed on 8M&2013 COMMENT City Council Meeting Agenda - Final August 20, 2013 F. PUBLIC -OM THE AUDIE AGENDA THE 1 AT APPROXIMATELY tt P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording Is made of the meeting; 'therefore, please speak Into the microphone ■ . at the podium petition your name and address. if you have a ■ " other Information pertaining tiz if our subject, please present It to the City Secretary. Y " ! 4-11;0101--1 # h 3. ADVISE ON AN a LATER DATE. ! ! • ! 0&1 L _ ! ! ! ! A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY •" !'i 2. 13-000765 - cutive Session pursuant to 551.071 of - Texas Government rr o consult with attorneys -r,r w- No. 2011 ! 1 -d Ex Part- City of r r presently pending in the District Court of r involves Aquarius Street issues, with possible discussion d action • ! t Pi 1 w 111IF1111571111RITY - w■ 1`. 1 4. 13-000768 Airport Board Clean City Advisory Committee -- for Persons Disabilities Corpus Christi Pays 2 Printed on &H512013 13-000664 Second Reading Ordinance Amending Inified Development Code t Code of Ordinances for sidewalk z zones (1st Reading 1 6. 13-000671 # i Ordinance -To reimburse Isaac C. Anthony, �- Betty Anthony } development Reading 1 Ordinance appropriating $1,135.31 from the No. 4220 Wastewater Trunk System Trust Fund to refund Isaac C. Anthony, are not available related to King Estates Unit 2, Block 7, Lot !. _ ai Corpus Christ! Page 3 Printed on MCV2013 7. 13-000708 Meeting Agenda .mil 4 » «¥ w <f « = » «± 11 0 District =11110111M 13-000723 Publithe »a* regardin+: °w: G m«, Amendment' to the FT20 CAAP and a Motion to amend the programs which Include allocation changes. I sponsors: Neighborhood Services 13-000753 Public Hearing on Fiscal Year 2014 Ad Valorem Taxes sawsors: Financial Se»«:#w =nt and Office of Management and Budget kv.� Mfulm U 74mr. TEXT.; W. 07M. rV7177707 K-J voted on individually. 10 13-000695 Second Reading Ord«_««®.? « <«+ for Special Election on Love ber 5, 2013 (11 st Read I ng 7/30/13) Corpus Christi Page 4 PrOited on VIS2013 City Council Meeting Agenda - Final August 20, 2013 [a i" M in ip 13-000711 First Reading Ordinance - Appropriating funds for the Texas Automobile Theft Prevention Authority (ATPA) grant - 4» -.. - - - ru - I - >» « « »» 4 v « «> v =« w d from Christus Spohn Hospital Corpus Christi in the amount of $64,316.30 for the purchase of two Zoll X-series defibrill»4« = » ¥2< Stponsors: »x# se: 13-000735 First Reading Ord%a « <_.? m+« »a+ the Code of O min nc regarding Food and Food Establishments I SOMME =- 39ffilml=, I Corpus ChdsII Age, Pdnted on SKS2013 City Council Meeting Agenda - First August 20, 2013 lr - ■ Reformation • Cooperative 'r - ! • - ■ ! _err` -a r _ s qftyea assil -1 s - • r ■ - - • District. sponsm Health Department 13-000740 1 r■ r Ordinance .. ■ ■ Program Income from Department of ! #i■ _rrs■ . '. • 10WI ) it - -r r >t• revenue in the • 1066 Health Grants Fund as State fiscal year 1 1 program income to fund laboratory and public services for - period of -r- ■-' 1, 2013 throuqh r 1 Sponsors 8ealth Department 13-000714 First . ■ • . . Contract and sub-contracts for FY14 Community . Development rr and appropriating funds Sponsors Parks and Recreation Department 13-000666 First Reading Ordinance testing agreement for Bayfront Development Plan, Phase 3 (BOND 1 08) Shoreline Boulevard Corpus Chdsu Page 6 Pdnted on M &2013 City Council Meeting Agenda - Final August 20, 2013 Sponsors: Street Department and Engineering Department 19. 13-000683 First Reading Ordinance - Authorizing the acceptance of donated items to settle overdue library fees Ordinance appropriating $4,707.55 from the No. 4220 Wastewater wastewater lottacreage fees paid since wastewater services are not available nor will any be available within the next 5 years as related to Ki nneft Addition, Block 1, Lots Sponsors Development Services 21. 13-000689 First Reading Ordinance -To rename certain areas of the City as "SEA District" rem Billing Office; providing for publication, providing for severance, and providing effective date. §gonsars: Financial Services Department 23. 13-000757 First Reading Ordinance -Authorizing the Issuance of Utility System Revenue Bonds Corpus chrisd Page 7 Pdalad on W5)2013 City Council Meeting Agenda - Final August 20, 2013 The following items are 1br Council's inforrnational purposes only. Ato action will be taken and no public comment will be solicited. 24. 13-000756 Appointing Financial Advisor for the Issuance of Utility System Revenue Bonds C-71 111 il-7� "Tj I I I [A i 1011 V 011 —,goof me a— exceed $106,000,000. Sponsors: Financial Services Department 25. 13-000761 Supporting the candidacy of Mayor Nelda Martinez President-elect of the Texas Municipal League for 201 11141.114LOIKOINU Sponsors Intergovernmental Relations 0!- 6. 13-000731 Interlocal Agreement - for breath alcohol testing program Resolution authorizing the City Manager or his designee to execute an interlocal agreement with San Patricio County in the amount of $ 11,000 for the services of a Technical Supervisor to operate the Police of January 1, 2014 - December 31, 2014. Sponsors: Police Department 27. 13-000716 Engineering Design Contract - for groundwater monitoring and rebted services at J.C. Elliott IrTFT-", IfTE171-1 0=1 11 MEAN Corpus chdSH Page 8 Printed on W&2013 City Council Meeting Agenda - Final August 20, 2013 Groundwater Monitoring and Related Services. Soonsors Solid Waste Operations and Engineering Department 28. 13-000717 Engineering Design Contract - for groundwater monitoring and related services at Cefe Valenzuela Landfill for Professional Services with Kleinfelder Central, Inc. of Corpus Christi, Texas in the amount of $114,200, fbr Cefe Valenzuela Landfill FY 2013-2014 Groundwater Monitoring and Related Services. Sponsors: Solid Waste Operations and Engineering Department 29. 13-000724 Engineering Design amendment No. I for master channel 31 drainage channel excavation M0012MV Z(r-1tl*s1-74AL*1JLwTZ*1-1 all 4 Mtn V� "pip 1 0 i I&S, no-VA11 U#11 i rpm I M- Sponsors: Street Department and Engineering Department 31. 13-000712 Professional Services Agreement to provide Oracle databa administrafton services I Sponsors, Municipal information Systems 32. 13-000673 Agreement for Legal Services for water rights and general water law issues zg!;� Corpus Chdo Page a Pdnted an WS2013 City Council Meeting Agenda - Final August 20, 2011 Legal Department Q. FUTURE CORPORATION MEETING:-(ITEM 33) 33. 13-000739 Board of Director's Meeting of the Corpus Christi Community Improvement Corporation Improvement Corporation S.q .2al2M. Neighborhood Services Corpus Christ! Page 10 Printed an WS2013 r Tuesday, July 3, 2013 U 10 14 llm 0 dG3=- PAGERS ARE PROHIBITED a MEETINGS OF r Mayor Martinez called the meeting to order at 11:30 a. m. Department =�1 R RT-r,,r-z 1 meeting. required Charter Officers were present to conduct the Charter Officers: City Manager Ran Olson, C4 Attorney Carlos Valdez, and City Secretary •' Chaps. Present: 9- Council Member Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Marfinez,Council Member Mark Scoft, Council Member Chad Magill, Council Member Colleen Mcintyr-e,Council Member Riojas, and Council Member ion ■ "Bernard 'Bernie' Paulson ■ . Corpus Christi Page 1 Printed on 12073 City Council Meeting Minutes July 30, 2013 motion was made by Council Member Kelley Allen, seconded by Council Member Chad Magill, that the Minutes be passed. The motion carried an unanimous vote. Member Aye: 9- Council _ Council Council Mayor Martinez, Council Member Scott, _ g Member McIntyre, Council Member Ripjas and Council Member Garza Abstained: 0 ENJJJJ:• < ^� • � ..:i Council Membem had questions regarding Items 5, 9,12, and 22. There were no L, from the public. A k A `9 4 by one vats Service Ag i e ! ' � : Corpus Chdsd Page 2 Pdated on W12013 City Council Meeting Minutes July 30, 2013 i;��I III Ea 1"I�-JOIZI I (1117-11 # Council members asked for clarification that the fi re marshals carry weapons. This Motion was passed on the Consent Agenda. 6. Purchase of six vehicles for Fire Department usa This Motion was passed an the Consent Agenda. Purchase and Installation of Fire Alarm Systems for Senior Centers This Motion was passed on the Consent Agenda. APIqU =79-316TKIRCIPPI 8. Purchase of Water Trudl 1� �= 9. Contingency service agreement for Hurricane/Storm Disaster Recovery Services Corpus Christi Page 3 Printed on W12013 Q gcl, wA Minutes July 30, 2013 on the "A 11— t L § —E <t 11 Ml!j!jY"q11:1j1 »< < we m IN f *+ « <= «¥ f » < *a «±» ? c eye S « ?<+f ++I � «.=c Group: I Group: 11 Total: &»«+$ %< This Motion was passed the Consent Aend 4MTNMM L is ». Engineering Design Contra for construction phase services to support the Minor Street Ind «w Delivery/indefinite Quantity 2+*:*i *w« Motion authorizing %> City Manager, or designee, 4 execute _ ? «» » 4 :f4 « <« «y ? ®© © ? >v « ». « += <7 ? + «« y ;g ;�> a: « « .»..., < «« « 2 0 t I »rpu.Dda Page PrInred on /20 2 City Council Meeting Minutes July 30, 2013 improvements Year Two. This Motion was passed an the Consent Agenda. 12. Engineering Design Contract Amendment No. 9 for the Mary Rhodes Pipeline Phase 2 ffiotion authorizing the City Manager, or designee, to execute Amendment No. • to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of ILT170:4067ar:71112 Ms- ff M lull - Q-1rr*"1'1-1T-T,Wkr*2T,1Kt4K3W 13. Adopting a resolution for the acquisition of real property rights for the Holly Road Street Improvement Project - Greenwood Dr. to (SH286) Crosstown Expressway, Bond 2008 This Resolution was passed on the Consent Agenda. 14. Type A Grant for Service Corps of Retired Executives (SCORE) Chapter 221 for Fiscal Year 2014 : Ium Corpus Christi Page 5 Printed an M12013 City Council Meeting Minutes July 30, 2013 This Resolution was passed on the Consent Agenda. 17. Renewal of State and Federal external legislative consultant contracts This Motion was passed on the Consent Agenda. �_H MI[N-21TIKIINS 18. Second Reading Ordinance - Rezoning from the "RS-4.5" Single-Family 4.5 District to the "RSASIPUD" Single-Family 4.5 District with a Planned Unit Development Overlay, on property located east of Rancho Vista Boulevard East (Ist Reading 7123113) Ordinance Ordinance amending the Unified Development Code ("UDC") upon Corpus Christi Page 6 Printed an 6/912013 City Council Meeting Minutes July 30, 2013 .. I 19. Second Reading Ordinance - Rezoning from the "FR" Farm Rura' District to the "RS-4.5" Single-Family 4.5 District, on property located at 7401 and 7555 Holly Road (Ist Reading 7/23/13) iiiiiijill 111��!I I IF 20. Second Reading Ordinance - Accepting and appropriating Federal grant to combat drug trafficking (Ist Reading 7/23113) .41 9 0 9 Corpus Christi Page 7 Printed on WaD13 City Council Meeting Minutes July 30, 2013 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. 03= 21. Second Reading Ordinance - Appropriating funds from the sale of police handguns to police officers (Ist Reading 7/23113) Ordinance appropriating $87,526 in the General Fund No 1020 from the sale of Police handguns; and Amending the FY 2012-2013 .6perating Budget adopted by Ordinance No. 029577 to increase &%MAWn09AIF K� 2. Second Reading Ordinance - Appropriating funds from the Staffing for Adequate Fire and Emergency Response (SAFE Grant Program (Ist Reading 7/23/13) 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. 23. Second Reading Ordinance - Engineering Design Contract Amendment No. I for Cefe Valenzuela Outtall Modifications and On-Call Consulting Services (1st Reading 7/23/13) Corpus Christi Page 8 Printed an M12013 City Council Meeting Minutes July 30, 2043 24. Second Reading Ordinance ., State grant for air quality planning (Ist Reading 7123/13) Ordinance • ■ the City Manager designee to execute of !! from the Texas Commission on ■ - the No. 1071 Community Enrichment Fund for air quality planning purposes. ■ i 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 your name and address. If you have a petition or other information pertaining your . please present it to the C4 Secretary. I . . r plastic bag ban as follows: Was Tunnell; Patricia Reinhart McQueen; Mondragon, Nell Becerra; Adriana Lira; Theresa Kline; Jim Kline; Peggy Duran; Wyatt James; e ind Mr. Clayton. Kim Dees; Dolores ls:. fees collected to hire more .r r r or spending money for any other Corpus Christi Pape 9 Printed on W12013 City Council Meeting Minutes July 3, 2013 • -• -tt • R R • - • 4:4 MCI IMM 111:411 • __a- 1• A t • ,tAL INFORMATION. POLICY 2. RECITE AN EXISTING RESPONSE T• THE INQUIRY. ADVISE 3. 1 ON AGENDA DATE. • '� 0 rev& !1 re !! I I A T i - •,',A • - • • R a - +� • - • a Manager City R. Staples construction project Is ahead of schedule; Solid Waste employees Eduardo Morales and David Garza for assisting an injured Individual; the TAAF games Mayor Martinez deviated from the agenda and referred to the executive session. The Council went Into executive session. PUBLIC M. HEARINGS: (ITEMy Corpus chrisd Page 10 Printed on &912013 City Council Meeting Minutes July 30, 2013 Ift7 �06 L�6 J_� J'wl cafes and7streetscape zones. 10TIFT-1 -- LT-r-r-MILET Council Member Leal. Abel Alonzo asked about adherenca to ADA requirements. A motion was made and seconded to close the public hearing. This Ordinance was passed on first reading and approved with the following vote: I I . I I i # - . - , a I i 1 0 : = - 4 1 11 - 11 4 - . - 0 F W o- r=7 A L'Fj F 5"n 1 T�11;1;CCIVJWU MNLIMINIMU, ZIII!M4 ]me] I, NI A Isum 14 JILIJ I ii:(,T� E 6. Second Reading Ordinance -Adopting the Proposed Operating Budget for FY 2013 - 2014 (Ist Reading 7/16/13) Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning August 1, 2013; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. COWS chd5d Page 11 PdWed on 818/2013 City Council Meeting Minutes July 30, 2013 rate - 9.5118797, She said that!s a total of Al 00 Is the budest now, Dedu , a 1,mortion renuired for street fund transfer. the total amount available for the general fund Is $1,364,524. Adopt the 16additional revenues are general -1944,578. Deducting the portion required for street fund transfer, the total amount available for k I public Mayor Martinez called for e regarding Increasing funding for firefighter staffing: Natasha Rose; Christopher Steele; Carlos Torres; Steve Bowers; Ingrid Dees; Scott Leaton. stated control kennels at the anlimal department Police Chief Floyd Simpson r: . that the additional cost to the budget was $100,000; the actual cost was Council Member Loeb made a motion to amend Mr. Magill's motion by include budget to $107,226 $393,922 to debt service fund; $393,922 to pension liability fund. Council Magill Member 5 not accept Council Member Scott made a motion to amend the FY 2013 -14 Proposed Budget to adopt the roll back rate, seconded by Council Member McIntyre. The motion passed with the following vote: Martinez, Rlojas, Scott, Allen, Garza, Corpus Chdstl Page 12 Pdnred on &912013 City Council Meeting Minutes Loeb, Magill, McIntyre, and Leal, voting "Aye ". for r. passed by Mr. Magill. The motion with the following vote: Martinez, Rio .. li E - �"Fti��+T'4:Ti►�C3�t��:r�i�-i Resolution r. - , 8 -- # = benefits Troy McCampbell spoke regarding the economic of the destination bayfront project Council members commented that the City had other the projects. This Resolution Member Aye: 7- Council Member Allen, Council . uncil Member Loeb, Mayor - Member • uncil Member RioJa 0 4 Corpus Christi Page 13 Printed on 8/412013 City Council Meeting Minutes July 30, 2013 r-377T "IT-1111111M 37. First Reading Ordinance - Calling for Special Election on November 5, 2013 1;ia—yor Fii–a?finez dwvWat–ed orn " -a agenda and —relerred-t—olWM-5 37. There werz no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: 38. Resolution establishing the City's binding intention for Destination Bayfront Bond Issuance .. E 1 .1 1. . -I� . . 39. Reguiating the use of plastic checkout baGE Ordinance amending Chapter 21, Part III Garbage, Trash, and other refuse of the Code of Ordinances, by adding new Article A regulating the use of Plastic Checkout Bags in the City of Corpus Christi, and providing for penalties. Corpus Christi Page 44 Printed an &912013 City Council Meeting Minutes July 30, 2013 motion Mayor Martinez made a r, bring ordinance Incorporating suggested changes and ordinance allowing for a complete ban on plastic bags, seconded by Council Member Loeb. The motion failed with the following vote: Martinez, Loeb and Leal voting Scott, Allen, Garza, Magill, and McIntyre, voting "No". 36. First Reading Ordinance for use and management of Whataburger Field Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member MclntyTe, Council Member Ripjas and Council Member Garza Corpus Christ! Pays 15 Printed on W/2013 City Council Meeting Minutes July 30, 2013 12,11 IFIT111 Til Iii 11,11 1d lr� 2fp ij� 27. Second Reading Ordinance .+i* »y + the Proposed Capif-'F et Budg for FY 2013 - 2014 (Ist Reading 7/16/13) '1 - _++ . » >+ I - 2 + >± ?-0- : 01- E a 0 ?=f . to — I 2 ++ F47TITITIMIZTM�� !1111�1111111111 ;'111111111111111 1!, iii I I �,�ililill 1111111 11111111111111111 1111 jjp�,111 IIIIIIIIIIIIIII -- �': T!11 i-MI-11.1— 1IL7- Corpus Christi Page 16 Printed an &1912013 City Council Meeting Minutes Jury 30, 2013 Ordinance - nding Code of Ordinances, 9 Article III Employee Classification and Compensation System of the T of human stated market-based .;: comments from the Council or public. This Ordinance was passed on second reading with the following vote: Iii = � r, . ='t R.r ..: 11-0 111 - . y s- '. . 'st i Hearing Dates for Ad Valorem IN 11 1 • • - + _ • . -_ • - • - : - • ' r� 11 regular • uncil meeting • -■ t Leopard Street, Corpus Christi, Texas. Mayor Martinez referred to Item 16. Director . : r. -- t _;. .. ca . E . il 8 .. the final vote adopting _ on . 2013. Mayor comments from the public or Council. The Motion passed and was approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, _ ,- z, Council Member Member _rt Council Member McIntyre, Council Member Riojas and Council Member Garza 30. Parks and Recreation FT14 now fees and fees Increasing more than 25% Corpus Christ! Page 17 Printed an W2013 City Council Meeting Minutes July 30, 2013 Resolution adding new rental and recreational use fees for fiscal year 2013-2014 . providing o publication; effective .. and severance of the same. Mayor Martinez referred to Item i Director Morris stated that the purpose of the item was to approve now fees and fees Increasing more than 26% for Fiscal Year 2014. There were no comments from the Council or the public. This Resolution was passed with the following vote: 14 71-m.%T 1i1.tO � -4.14 Resolution .p of 1 Obligation Bond Electio and approval of propositions and projects • . items 32 - J . .,, . Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza 1191111070-ff - .- 33. Reimbursement Resolution In Support of 2014 General Obligation Bond Election Carpus Chdsd Page 48 Printed on SM2013 City Council Meeting Minutes referred Mayor Martinez to Item 33. City Engineer Dan Biles. stated that the purpose r. begin the design process on K listed In Proposition One. There were no comments from the Council or the public. This Resolution :pproved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Ripjas and Council Member Garza • : ■ ' ED T T, 34. Annual Board Meeting of Corpus Community Improvement Corporation Corporation This Corporation Meeting was held e ^� K%5. Ordinance Betty Anthony for the wastewater development paid In 1996 Ordinance appropriating $1,135.31 from the No. 4220 Wastewater r refund Isaac Anthony, and 13etty Anthony th- wastewater r - _R3' fees paid since wastewater reconvened Mayor Martinez the Councl meeting and referred to Item 35. + 1 next 6 years. There were no comments from the Council or the public. This X .. :. ,l7 7jK!)lK1 Fq Corpses Ch dsd Page 19 Pdntsd an 8013 City Council Meeting Minutes Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Ripjas and Council Member Garza P3 0 Corpus chdad Page 20 Printed on M12013 a. AIRPORT BOARD — One (1) vacancy with term to 4- 04 -16. DUTIES: To advise the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. COMPOSITION: Ten (10) members appointed by the City Council for three -year terms. All members shall serve for three -year staggered terms. Members must be residents of Corpus Christi. ORIGINAL MEMBERS TERM APPTD. DATE George B. Richard 04 -04 -14 05 -20 -08 Adam Nuse 04 -04 -14 04 -13 -10 ** *Jeffrey Kane 04 -04 -16 04 -13 -10 William McCord 04 -04 -14 04 -13 -10 Donald M. Feferman, Chair 04 -04 -14 04 -12 -11 Wayne M. Squires 04 -04 -15 02 -28 -12 Dana Gunter 04 -04 -15 05 -08 -12 Kelly Harlan 04 -04 -15 05 -08 -12 Alex Garcia, Jr. 04 -04 -16 05 -14 -13 Shawn Morgan 04 -04 -16 05 -14 -13 Jay Wise, Advisory, non - voting 04 -04 -14 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned ** *Exceeded number of absences *****Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST: Joseph M. Dudek 13617 Moro Ln, 78418 Assistant Professor of Airframe Applied Technology, Del Mar College. Received Bachelor and Master of Science from Texas A &M University - Corpus Christi, FAA Certification from Hallmark Institute of Technology, San Antonio, Texas, and A.A.S Aircraft Specialist from St. Philips College, San Antonio, Texas. Activities include: USS Lexington Museum on the Bay, Del Mar College Aviation Maintenance Club, Aviation Technician Education Council, and Northrop Rice Foundation. Recipient of Del Mar College Program of Excellence 2007. (2/27/13) Glenna S. Elliff 14310 Fairway Dr, 78410 Retired. Formerly employed with Alief ISD (Houston). Former General Manager /Owner of Jennings Chevrolet Co. in Robstown. Attended Robstown High School and Texas A &I University, Kingsville, Texas. Activities include: Board member of Nueces County Water Board 43. (7/23/13) Margareta Fratila 3606 Tripoli, 78415 Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Art Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (Willing to resign from Landmark Commission) (7118113) Marc A. Gonzalez 7322 Taldora, 78414 Director of Infrastructure Operations, Dept. of the Army at Corpus Christi Army Depot. Received a BA from Univ. of Texas at San Antonio, Master of Aeronautical Science from Embry- Riddle Aeronautical University, and currently working on MBA at Texas A &M University - Corpus Christi. Commissioned Officer U.S. Air Force for 18 years. Activities include: Leadership Corpus Christi, Class 39. (4123113) Antonio Elas 1701 Ennis Joslin Rd, 78412 Special Agent. U.S. Dept. of Homeland Security. Received B.A. in History, Central Connecticut State Univ., and MDiv, Seminario Evangelico de Puerto Rico, San Juan, Puerto Rico, current PhD Student in History, Centro de Estudios Avanzados de Puerto Rico y el Caribe, San Juan, Puerto Rico. Activities include: Texas Army National Guard, Chaplain, and Christian Reformed Church in North America, ministry associate. Veteran of Operation Enduring Freedom. (2127113) Glenn R. Jones 7530 Beau Terre, 78414 Community Plans and Liaison Officer, Naval Air Station Kingsville. Received a BS in Business Economics from State University of New York. Retired Sr. Chief Navy Air Traffic Controller (23 yrs). Also is a Realtor with Coldwell Banker Pacesetter Steel (3 yrs). Activities include: City of Kingsville Development Review Board, City of Kingsville Chamber of Commerce, Kingsville Noon Rotary Club, Kingsville Navy League, L. E. Ramey Golf Course Advisory Committee. (7122113) Gordon W. Lester 7010 Chiswick Dr, 78413 Chief Pilot, Sikorsky Aircraft Corporation. Received a BA in Airport Management from Troy University and MBA from Webster University. Holds FAA Commercial Certificate in Airplanes (SE & ME), Helicopters and Gliders. Certified Flight Instructor. Former Sikorsky Program Manager for Partnership with CCAD (`04 -'09). (2/25/13) Burris W. McRee 5717 Oso Parkway, 78414 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. (7125113) Anthony J. Mulheron 5030 Anthony St, 78415 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 KIII- TV, also awarded The Tom Joiner Show Award for outstanding youth role model, former member City's 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. (7/23/13) Timothy M. O'Brien 15234 Main Royal Dr, 78418 Pilot, Coastal Drilling Company. Received an Associates of Applied Science (AAS) in Flight Technology from Alabama Aviation College in Ozark and a BS in Economics with Math emphasis from the University of Wisconsin at Madison. Commissioned Notary Public, State of Texas. (2126113) Evan Paret 6350 Meadowvista, 78414 Planning and Construction Department Student Worker, Texas A &M University - Corpus Christi. Pursuing a BS in Environmental Science, with minor in Business Administration from Texas A &M University - Corpus Christi. Activities include: Student Government Association, TAMUCC Environmental Advisory Council, Young Business Professionals, World Affairs Council of South Texas, Army ROTC Leadership Training, Momentum 20/20 Sustainability Committee at TAMUCC, and Church of the Good Shepherd. (8105113) Leo Rios 421 Sharon, 78412 Realtor, Remax Associates. Activities include: Leadership Corpus Christi Class 40, Texas Realtors Political Action Committee, Buccarader, and Knights of Columbus. (Willing to resign from the Landmark Commission) (07/31/13) 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) Brian Solarek 14018 Hawksnest Bay Dr, 78418 Global Services and Support Logistics Lead, The Boeing Company. Received a Masters degree in Organizational Dynamics from the University of Pennsylvania and a BA in Management /Marketing from Kutztown University. Very willing and interested to serve on a City Board. (07122113) Charles "Chip" Spence 48 Townhouse Ln, 78412 Retired Federal Agent, Pilot and Manager. EMT Paramedic Instructor. Certified Flight Instructor. Licensed Captain of OUPV. Attended University of Southern California and Howard College. (114111) William D. Strawn 5014 Cape Romain, 78412 Retired. Former TxDOT Grant Manager /State Planner. Received BBA in Transportation Management from University of Texas at Austin, an MA in Management from University of Nebraska. Retired USAF Officer. Pilot for U.S. Coast Guard Auxiliary. Activities include: Parkway Presbyterian Church and Finance Committee, Vice- Commander Corpus Christi Flotilla of VSCG Auxiliary, City Ethics Commission member. (Willing to resign from the Ethics Commission if appointed to this board.) (7/25/13) 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) Robert A. Williams 7606 Lake Bolsena Dr, 78413 Adjunct Associate Professor, Embry- Riddle Aeronautical University. Teaches Graduate Airport Operations, Safety and Management, and Air Transportation Systems. Received BS in Aircraft Maintenance Engineering; Parks College of St. Louis University, St. Louis, MO., MA in Management; Webster University, St. Louis, MO, Master of Aeronautical Science — Space and Safety; Embry- Riddle Aeronautical University. Attended USAF Airspace School; Keesler AFB, Mississippi. (3114113) b. CLEAN CITY ADVISORY COMMITTEE — Five (5) vacancies with terms to 7 -08 -15 representing the following categories: 1 — Beautify Corpus Christi Association member, and 4 — Community At Large. DUTIES: To advise the City Council on recycling, litter, and other solid waste environmental issues of concern in the community. COMPOSITION: The committee shall consist of eleven (11) members and shall be composed of the following: one (1) educator in a primary, secondary, or high school within the city; one (1) member of a local Chamber of Commerce; one (1) commercial solid waste hauler; one (1) member of the Beautify Corpus Christi Association; and seven (7) community at large representatives. Of the initial members, six (6) members shall serve a two -year term and five (5) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. MEMBERS Scot Barker (Chamber), Chair Brian Cornelius (Hauler) *Lori Galan- Garcia (Beautify) Paige Dinn (Comm. at Large) *Carolyn Moon (Comm. at Large) *Teresa Klein (Comm. at Large) ***Juan Rodriguez (Comm. at Large) Joan Veith (Comm. at Large) Kimberly Brumley (Educator) ** *Virginia Delgado (Comm. at Large) Beth Becerra (Comm. at Large) Director of Neighborhood Services Director of Environmental Services Ex- officio, non - voting Ex- officio, non - voting Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. ORIGINAL TERM APPTD. DATE 07 -08 -14 PRESENT 06 -09 -09 07 -08 -14 9 07 -08 -08 07 -08 -13 Teresa Klein (At Large) 04 -12 -11 07 -08 -14 89% 07 -08 -08 07 -08 -13 8 07 -31 -12 07 -08 -13 02 -24 -09 07 -08 -13 05 -11 -10 07 -08 -14 07 -08 -08 07 -08 -14 02 -14 -12 07 -08 -13 02 -14 -12 07 -08 -14 04 -09 -13 Ex- officio, non - voting Ex- officio, non - voting Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Lori Galan- Garcia (Beautify) 9 6(2 exc.) 67% Teresa Klein (At Large) 9 8 89% Carolyn Moon (At Large) 8 8 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Christopher Anderson 4254 Dody, 78411 Owner /Designer, Creative Minds Sales and Design. Attended Del Mar College. Worked in Legal profession. In current business, adopted the Corpus Christi skateboard park to make improvements. (At Large) (1118113) Sarah Baugh 14618 Reagan Dr, 78410 Chief Operating Officer, Dash Truck and Equipment Sales, Inc. Activities include: Cowboy Church Committee for Buc Days, Calallen Baptist Church, Junior League and Republican Party. (At Large) (2125111) Marjorie N. Boudreaux 2229 Bird Island Dr, 78418 Director of Marketing & Communications, Goodwill Industries of South Texas. Received a BA in English from Texas A &M University — Corpus Christi. Activities include: American Marketing Association, Toastmasters International, and YWCA. (At Large) (09115111) Jeremy Coleman 7210 Yaupon Dr, 78414 President /CEO, J.L. Liberty Services. Currently pursuing a BA in Business Administration at Del Mar College. Activities include: Brooks Chapel Early Childhood Center, Youth Council and Foundation of Corpus Christi, Camp Fire U.S.A., State of Texas Student council Assn., former Board Member of the City's Sister City Committee, Nueces County Community Action Agency, NAACP Health Committee, C.A.T.C.H. Youth, Inc. (At Large) (07115113) Micah DeBenedetto 2821 Quebec Dr, 78414 Owner /Photographer, MD Photography. Received a BS in Chemistry from University of Texas at Austin. Activities include: Court Appointed Special Advocates (CASA) Board of Directors, YMCA, ALS Association of South Texas, and Young Business Professionals. (At Large) (2/07/13) Cynthia Hindman 4617 Newbury Ln, 78411 Registered Nurse IV /Case Manager, Behavioral Health Center of Nueces County. Attended Del Mar College. Received a BS in Nursing from Texas A &M University- Corpus Christi. Currently enrolled online at UT at Arlington. Activities include: rodeo committee member of the Buccaneer Commission. (At Large) (8102113) Mark Mathias 2725 Santa Fe, 78404 Self - employed /Owner. Currently attending Del Mar College towards Associates of Science in Physics. Served six years in U.S. Navy as Machinist Mate (nuclear). Educated at Naval Nuclear Power Training Command, Charleston, SC, and Nuclear Power Training Unit, Ballston Spa, NY. Activities include: member of Science, Engineering & Mathematics Majors Organization, Treasurer of Environmental Awareness Organization. (At Large) (02114113) Bryan Mayhood 3101 Lawnview St, 78404 Director of Season Ticket Services, Corpus Christi Hooks Baseball Club. Graduated from Texas A &M University- Corpus Christi. Activities include: Heart Walk Committee. (At Large) (115111) Evan Paret 6350 Meadowvista, 78414 Planning and Construction Department Student Worker, Texas A &M University - Corpus Christi. Pursuing a BS in Environmental Science, with minor in Business Administration from Texas A &M University - Corpus Christi. Activities include: Student Government Association, TAMUCC Environmental Advisory Council, Young Business Professionals, World Affairs Council of South Texas, Army ROTC Leadership Training, and Church of the Good Shepherd. (At Large) (07131112) Monica Rawlings 6210 Lago Vista Dr, 78414 Self - Employed Professional Landman in the Oil & Gas Industry. Holds a Bachelor of Arts degree from Texas A &M University - Corpus Christi. Activities include: worked with City Park & Rec. Dept. in project to save Winrock Park in the Club Estates subdivision, current Chair of the 2012 St. James Episcopal School Halloween Carnival, member Friends of St. James (PTA). (At Large) (8/27/12) Brian A. Rosas 1033 Sorrell St, 78404 Production Supervisor, L3 Communications. Activities include: Westside umpire, Pony Baseball. (At Large) (4/08/13) Julia Stafford 5801 Corsica Rd, 78414 Category Manager, Stripes, LLC. She and family actively support and participate in various events of the Dr. Clotilde P. Garcia branch public library. Other activities include: member of Net Impact, an organization of professionals working together through jobs and businesses to move towards a more sustainable future. (At Large) (11128112) Amanda Stephens 7461 Star Harbor Dr, 78414 Campaign Specialist, Corpus Christi Caller- Times. Attended Del Mar College. Activities include: Girl Scouts of America Gold & Silver Award Recipient, former Girl Scout leader, Phi Theta Kappa member, Del Mar College Campus Representative /Recruiter for Walt Disney World College Program. (At Large) (8102113) Sharlene V. Walker 7486 Star Harbor, 78414 Teacher, Corpus Christi ISD, Foy H. Moody High School. Activities include: Moody High School — IA Goes Green, Academic Decathlon, Cyber Security Coach, City beach clean ups, and Special Olympics. (At Large) (7111113) 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. (At Large) (6114113) Laurie Wood 3517 Denver Ave, 78411 Retired Registered Nurse. Activities include: Clean Economy Coalition Community Outreach and Celtic Menagerie. (At Large) (415110) Jo Woolsey 5906 Raven Hill Rd, 78414 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) C. COMMITTEE FOR PERSONS WITH DISABILITIES — Two (2) vacancies with terms to 2- 01 -15. DUTIES: To carry on a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the city; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. COMPOSITION: Nine (9) residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval. The city's Director of Human Relations, Director of Park and Recreation, and Building Official shall serve as ex- officio non - voting members. The chairperson of the Committee for Persons with Disabilities shall serve as an ex- officio voting member of the Human Relations Commission. ORIGINAL MEMBERS TERM APPTD. DATE Carlos Vargas 2 -01 -15 11 -11 -08 ** *Darren Bates 2 -01 -15 3 -09 -10 Alana Manrow, Vice -Chair 2 -01 -15 8 -31 -10 M. Bertha Romero 2 -01 -14 2 -09 -10 Sabrina Ramirez 2 -01 -15 4 -12 -11 Mary E. Wambach 2 -01 -14 9 -25 -12 David Ramos, Chair 2 -01 -14 9 -25 -12 ** *Judah Hoehne 2 -01 -15 2 -12 -13 Marshall Burns 2 -01 -14 5 -14 -13 Park & Recreation Director Ex- officio Human Relations Director Ex- officio Building Official Ex- officio Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * * * * Has met six -year service limitation (The Committee for Persons with Disabilities is recommending the new appointments of Diana Ortega- Feerick and Abel Alonzo.) INDIVIDUALS EXPRESSING INTEREST: Abel Alonzo 1701 Thames, 78412 Retired. Community Activist. Founder of Nueces County "I Believe in Me" Foundation. Received a BA in Sociology from Corpus Christi State University, and an AA in Mental Health from Del Mar College. Activities include: MHMR Board of Trustees, Regional Transportation Advisory Committee, former Corpus Christi Community Investment Corporation Loan Review Committee, West Side Business Association, former Human Relations Commission and Committee for Persons with Disabilities member (met term limit on 2/1/12), Del Mar College BOD for Former Students Assn, CCISD -BOD for Special Education, and Bario Assn. (7122113) Richard Balli 4051 Ramsey St, 78415 Retired. Formerly plumbing, general contractor, electrical, HVAC, 8A supervisor. Received associates degree in restaurant management, degrees in personnel and office management, and computer science. Activities include: Board of Directors for Southwest Wheelchair Athletic Assn., Texas Wheelchair Bowling Assn., Johnny Rodriguez Life Enrichment Center. (7125113) Tracy M. Ferezan 3901 Macarthur St, 78416 Director of Mission Services, Goodwill Industries of South Texas. Facilitates resume workshops at Three Rivers Federal Correctional Institute. Activities include: Homeless Issues Partnership board member at large, Employment Alliance for People with Disabilities (EAPD), Texas Rehabilitative Assn. Network, and Texas Homeless Network. (7129113) Larisa Ford, PhD 3204 Millbrook Dr, 78418 Senior Biologist, U.S. Fish & Wildlife Service. Received a B.S. in Marine Biology from Texas A &M University- Galveston, an M.S. in Microbiology from Texas A &M University- College Station, a Ph.D. in Veterinary Microbiology (Minor: Fisheries) from Louisiana State University and a Masters of Public Administration (Environmental Track) from Texas A &M University- Corpus Christi. Former Educator, Simon ISD. Certified Fisheries Scientist, Certified Open Water SCUBA Diver. Activities include: Served as a Special Emphasis Program Coordinator for Disabilities at U.S. Fish & Wildlife Southwest Region 2, former Coordinator for the Youth Conservation Corp Program at Aransas National Wildlife Refuge, International Association for Aquatic Animal Medicine, World Aquaculture Society, American Society for Microbiology. Coached Corpus Christi Little League Boys & Girls basketball. (1103111) Ernest Herrera 4425 Holly Ridge Dr, 78413 Workforce Development Specialist, Workforce Solutions of the Coastal Bend (WFS). WFS rep. for social security and ticket to work programs. Activities include: Employment Alliance for People with Disabilities (EAPD), Nueces County Community Resource Coordination Group - Adult (CRCGA), Homeless Issues Partnership (HIP) Resource Fair, Second Chance and Goodwill Annual Job Fairs. (7126113) Linda L. Lindsey 3002 Cedar Springs Rd, 78414 Retired 26 -year Educator /Coach. Received undergraduate from Texas Tech University, undergraduate in Physical Education from Texas A &M University — Corpus Christi, and a Master's in Educational Administration. Took 24 graduate hours in Special Education. Her passion is facilitating students and special needs persons to be "the best they can be" through education, recreation and community involvement. Activities include: Second Baptist Church. (9117112) Anthony J. Mulheron 5030 Anthony St, 78415 Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (512111) Diana Ortega- Feerick 14858 Granada Dr, 78418 Disability Specialist, Del Mar College. Received a MA in Psychology with a Minor in Special Populations from Texas A &M University - Corpus Christi, a BA in Psychology and Criminal Justice from St. Edward's University, Austin, Texas. Activities include: Big Brothers -Big Sisters, CC Chamber of Commerce, CC Hispanic Chamber of Commerce, Padre Island Business Assn, NAACP, National /Texas Assn of Higher Education and Disability (AHEAD), Employment Alliance for People with Disabilities (EAPD) — Chair Committee of Engagement, CC Human Resource Management Assn. (7/30/13) Henry Palacios, III 3742 Sarita St, 78416 Self- Advocate. Diagnosed with polio at the age of one, he is a strong advocate pushing for "inclusion in the classrooms and equal treatment" for those with disabilities. Received a degree in Counseling from Columbia University. Activities include: Coastal Bend Center for Independent Living, Access Team Committee for the B- Line (ACTI), Texas State Independent Living Council, Texas Association /Council Independent Living — Consumer Advocacy Team. (4108113) Brian Solarek 14018 Hawksnest Bay Dr, 78418 Global Services & Support Logistics Leader, The Boeing Co. Received a Masters degree in Organizational Dynamics. Very willing and interested to serve on a City Board. (09125112) Lillian Taylor 1318 Waldron Rd, 78418 Administrative Assistant, Coastal Bend Center for Independent Living (CBCIL,). Works with people with disabilities on a daily basis. (3106112) d. LIBRARY BOARD — One (1) vacancy with term to 11- 05 -13. (Since the term is expiring 11- 05 -13, Staff is recommending appointment to a new term to 11- 05 -15.) DUTIES: The committee shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. COMPOSITION: Nine (9) members, seven (7) members shall be appointed for two -year terms by the City Council, one (1) member shall be nominated by the La Retama Club, and one (1) shall be nominated by the Friends of the Corpus Christi Public Libraries Board for a term of two - years. Each nominee must be confirmed by a majority of City Council Members. MEMBERS Mary Jane Garza Lawrence Jordan ** *Catherine MacLachlan Dr. Stuart Elovitz Paul Altheide John B. Keys Evelyn Sue Donahoe Roberta Sewell, La Retama Club Natalie Rogen, Friends of C.C. Libraries Sue Stanford ORIGINAL TERM APPTD. DATE 11 -05 -13 12 -08 -09 11 -05 -13 2 -10 -09 11 -05 -13 8 -23 -11 11 -05 -14 2 -10 -09 11 -05 -13 11 -08 -11 11 -05 -13 12 -8 -09 11 -05 -14 12 -11 -12 11 -05 -14 7 -17 -12 11 -05 -14 2 -10 -09 Honorary, non - voting 1 -17 -03 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * * * * Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST: Adrian D. Dansby 2309 Tropical Wind Dr, 78414 Special Education Department Chairperson, Richard King High School. Holds a BBA and MBA in Management from Texas A &M University — Corpus Christi. Additionally, holds Principal Certification and Generic Special Education Certification. (09128111) Margareta Fratila 3606 Tripoli Dr, 78415 Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Art Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (Willing to resign from Landmark Commission) (7118113) Ken Muir 6230 Bourbonais Dr, 78414 Attorney- Advisor, Corpus Christi Army Depot Legal Office. Activities include: Volunteer for the Optimist Coastal Bend Chess Federation for scholastic chess. (4/18/11) Ernest Bert Rucker, Jr. 3535 Santa Fe, 78411 Architect /Owner, Rucker & Rucker, Inc. Received his B Arch from Oklahoma State University. USN - Retired LCDR. Activities include: Was the Architect for restoration of the Gugenheim House in Heritage Park, former staging Co- Chairman for Bayfest, C.O. of Navy Seabee Reserve unit that built Bayfest stages 1978 -1980. (8/15/13) Brian Solarek 14018 Hawksnest Bay Dr, 78418 Global Services & Support Logistics Leader, The Boeing Co. Received a Masters degree in Organizational Dynamics. Very willing and interested to serve on a City Board. (09125112) Julia Stafford 5801 Corsica Rd, 78414 Category Manager, Stripes, LLC. She and family actively support and participate in various events of the Dr. Clotilde P. Garcia branch public library. Other activities include: member of Net Impact, an organization of professionals working together through jobs and businesses to move towards a more sustainable future. (11128112) 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) e. PARK AND RECREATION ADVISORY COMMITTEE — Six (6) vacancies with terms to 8- 23 -15. DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two -year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. MF,MRF,R.0 * * ** *Sylvia Samaniego *Dr. Jinsun Kim Ron Woods *Lisa Ann Torres, Chair *Carlos Haney, Vice -Chair Huxley Smith *Rita Herrera - Padron Dorian E. Ramirez Rick Barrera * *Richard Avila Carlos H. Valdez, Sr. Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * * * * Has met six -year service limitation TERM 8 -23 -13 8 -23 -13 8 -23 -14 8 -23 -13 8 -23 -13 8 -23 -14 8 -23 -13 8 -23 -14 8 -23 -14 8 -23 -13 8 -23 -14 ORIGINAL APPTD.DATE 12 -18 -07 3 -11 -08 6 -17 -08 6 -17 -08 2 -24 -09 5 -26 -09 5 -26 -09 4 -27 -10 10 -12 -10 10 -10 -11 8 -14 -12 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT OTHER INDIVIDUALS EXPRESSING INTEREST: Christopher Anderson 4254 Dody, 78411 Designer /Owner, Creative Minds Sales and Design. Attended Del Mar College. Worked some in the legal profession. Started own business in which he designed Cole Park's Skate Park. He continues to work to make improvements and expand the skate park facility. (8107113) NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Dr. Jinsun Kim 12 11 92% Lisa Ann Torres 12 11 92% Carlos Haney 12 9 75% Rita Herrera- Padron 12 12 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Christopher Anderson 4254 Dody, 78411 Designer /Owner, Creative Minds Sales and Design. Attended Del Mar College. Worked some in the legal profession. Started own business in which he designed Cole Park's Skate Park. He continues to work to make improvements and expand the skate park facility. (8107113) Sarah Baugh 14618 Reagan Dr, 78410 Chief Operating Officer, Dash Truck and Equipment Sales, Inc. Activities include: Cowboy Church Committee for Buc Days, Calallen Baptist Church, Junior League and Republican Party. (2125111) Araceli V. Cabral 4337 Wordsworth Creek, 78410 Executive Director, Alameda Oaks Nursing Center. Received a Bachelor of Arts from Texas A &M University in College Station, Texas. Holds license for Nursing Facility Administrator in the State of Texas. Activities include: Texas Healthcare Assn, American College of Health Care Administrators, CC Chamber of Commerce, CC Hispanic Chamber of Commerce, LULAC, Pioneer Network. Current projects include: Adopt -A -Park and Meals on Wheels. (7/17113) David Dow 1310 Limestone Dr, 78412 Juvenile Correctional Officer IV, Community Relations, for State of Texas — Texas Juvenile Justice Department. Has also been a Treatment Assistant at the Substance Abuse Treatment Facility for Nueces County McKenzie Unit. Activities include: Advocate for Texas Rehab Action Network, has been an Election Judge /Clerk, former New Hampshire Senate Sgt -at -Arms, formerly elected New Hampshire House of Representatives, Justice of the Peace, and Overseer of Public Welfare — Plymouth, New Hampshire. (8114113) Curtis Ford 87 Townhouse Ln, 78412 Semi - Retired. Activities include: President, Ethel Eyerly Site Council, Officer in AARP. Visits often with Senior Citizen Centers, Adult Day Care, residents in Assisted Living and Independent Living, and visits hospitals and nursing homes. He is also an interpreter for the Deaf when asked. (7122113) Margareta Fratila 3606 Tripoli Dr, 78415 Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Art Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (Willing to resign from Landmark Commission) (7118113) 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) Alexis Hunter 445 Cape Henry, 78412 Owner /Interior Designer, Alexis Hunter, Inc. Received B.S. in Interior Design from the University of Texas at Austin. Previous owner retail gift shop, "The Dock Box ". Activities include: Texas Cultural Trust, Texas Women for the Arts, Art Museum of South Texas, Heritage Park Foundation, King High School PTA, Order of de Pineda, Las Donas de la Corte, Legislative Ladies Club, American and Texas Association of Interior Designers, Esperanza Garden Club, Republican Women's Club, Ronald McDonald House, Mi Casa Su Casa, Heart and Cattle Barons Ball. (9113112) Dotson G. Lewis, Jr 15241 Isabella Ct, 78418 Adjunct Professor, Del Mar College. Received a BS and MS from University of Texas at El Paso. U.S. Army (RET). Activities include: Senior education computer program volunteer, Instructor and Volunteer Management Information System (VMIS) Data Manager, AARP Driver Safety Program volunteer, active high school sports official, conducts officiating clinics and seminars. (02/15/13) Linda L. Lindsey 3002 Cedar Springs Rd, 78414 Retired 26 -year Educator /Coach. Received undergraduate from Texas Tech University, undergraduate in Physical Education from Texas A &M University — Corpus Christi, and a Master's in Educational Administration. Took 24 graduate hours in Special Education. Her passion is facilitating students and special needs persons to be "the best they can be" through education, recreation and community involvement. Activities include: Second Baptist Church. (9117112) Gary McCoig 14253 Playa Del Rey, 78418 Environmental Biologist, HDR Engineering, Inc. Received a BS in Biology, and an MS in Wildlife Biology. Activities include: member of the Surfriders — Coastal Bend Chapter. (7/25/13) Jason M. McDonel 4213 Warwick, 78411 Head Physical Education Coach, Luther Jones Elementary — CCISD. Former Juvenile Probation Officer, and P.E. Coach at the Nueces County Boot Camp. Received Bachelors in Education majoring in Kinesiology and Social Studies. Served 4 years in U.S. Marine Corps. (7117112) Iris M. Martinez 6838 Everhart Rd, 78413 Director of Education, Coastal Bend Wellness Foundation. Received a BA in Communications from Texas A &M University - Corpus Christi. Holds Advanced Certified Prevention Specialist (ACPS) designation. Activities include: Mission FitPossible, Leadership Corpus Christi Class 36, Community Coalition for Children and Families, Youth Continuum of Care Coalition, Texas State Aquarium's Rising Tide Society, Teen Pregnancy Prevention Coalition, former CB Alliance for Youth, and former Aransas County Citizens Against Drugs. (7130113) Anthony J. Mulheron 5030 Anthony St, 78415 Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (512111) Brent Norman 5701 Saratoga Blvd, 78414 Certified Strongfirst kettlebell instructor, The Hardstyle Kettlebell Club (Owner). Co- founder of One Fit Culture. National Academy of Sports Medicine background. Health and Fitness writer for Nside Magazine. Activities include: Corpus Christi Power Team, Young Business Professionals, Dreamboard event coordinator, Fitness in the Park. Currently working on Kids to the Farmer's Market. (7/25/13) Evan Paret 6350 Meadowvista, 78414 Planning and Construction Department Student Worker, Texas A &M University - Corpus Christi. Pursuing a BS in Environmental Science, with minor in Business Administration from Texas A &M University - Corpus Christi. Activities include: Student Government Association, TAMUCC Environmental Advisory Council, Young Business Professionals, World Affairs Council of South Texas, Army ROTC Leadership Training, Momentum 20/20 Sustainability Committee at TAMUCC, and Church of the Good Shepherd. (8105113) Tanya C. Pulido 7410 Canis Dr, 78412 Registered Nurse /Case Manager, CareStat Home Health Agency. Collaborates as a liaison with area physicians, clinics, fire department, and media for disabled and senior citizens. Created and maintains the CareState website with pertinent patient information. (6118112) Monica Rawlings 6210 Lago Vista Dr, 78414 Self - Employed Professional Landman in the Oil & Gas Industry. Holds a Bachelor of Arts degree from Texas A &M University - Corpus Christi. Activities include: worked with City Park & Rec. Dept. in project to save Winrock Park in the Club Estates subdivision, current Chair of the 2012 St. James Episcopal School Halloween Carnival, member Friends of St. James (PTA). (8127112) Brian Solarek 14018 Hawksnest Bay Dr, 78418 Global Services and Support Logistics Lead, The Boeing Company. Received a Masters degree in Organizational Dynamics from the University of Pennsylvania and a BA in Management /Marketing from Kutztown University. Very willing and interested to serve on a City Board. (07122113) £ TRANSPORTATION ADVISORY COMMITTEE — Two (2) vacancies with terms to 4 -30 -14 and 4- 30 -15. DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation, traffic accident, injury and damage prevention in the City; developing and implementing coordinated traffic safety programs which meet local needs; acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City; promoting public acceptance of official programs proposed or initiated by the City; fostering public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with public and private school systems in promoting traffic safety training aids in the schools; promoting the education of the public in traffic safety and, generally assisting in the overall reduction of traffic deaths, injuries, damage, and accidents on the City's streets. COMPOSITION: Nine (9) members appointed by the City Council for three -year terms to provide advice on transportation and traffic safety matters. The Committee elects Chairman and Vice - Chairman annually. MEMBERS TERM Edd Price, Chair 4 -30 -14 Sheila Cudd, Co -Chair 4 -30 -15 Robert G. Jacobi 4 -30 -16 Gretchen Arnold 4 -30 -15 ** *Carl Weckenmann 4 -30 -15 ***Eric Villarreal 4 -30 -14 Scott M. Harris 4 -30 -16 Bryan Hall 4 -30 -14 John Garcia 4 -30 -16 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST: Mark Mathias ORIGINAL APPTD.DATE 5 -26 -09 2 -10 -09 4 -13 -10 5 -08 -12 5 -08 -12 5 -08 -12 3 -19 -13 3 -19 -13 3 -19 -13 2725 Santa Fe, 78404 Self - employed /Owner. Currently attending Del Mar College towards Associates of Science in Physics. Served six years in U.S. Navy as Machinist Mate (nuclear). Educated at Naval Nuclear Power Training Command, Charleston, SC, and Nuclear Power Training Unit, Ballston Spa, NY. Activities include: member of Science, Engineering & Mathematics Majors Organization, Treasurer of Environmental Awareness Organization. (02/14/13) Dennis L. Miller, P.E., CFM 6830 Whitewing Dr, 78413 Senior Project Manager, LNV, Inc. Received a BS in Civil Engineering from the University of Texas at Austin. Took courses towards MBA at Sam Houston State University. Holds a P.E. license in Texas, California and Arizona and is a National Accredited Certified Floodplain Manager. Activities include: American Society of Civil Engineers (ASCE), Texas Floodplain Management Assn. (TFMA), member of local church. (Willing to resign from Landmark Commission) (7115113) Henry Palacios, III 3742 Sarita St, 78416 Self- Advocate. Diagnosed with polio at the age of one, he is a strong advocate pushing for "inclusion in the classrooms and equal treatment" for those with disabilities. Received a degree in Counseling from Columbia University. Activities include: Coastal Bend Center for Independent Living, Access Team Committee for the B- Line (ACTI), Texas State Independent Living Council, Texas Association /Council Independent Living — Consumer Advocacy Team. (4108113) Evan Paret 6350 Meadowvista, 78414 Planning and Construction Department Student Worker, Texas A &M University - Corpus Christi. Pursuing a BS in Environmental Science, with minor in Business Administration from Texas A &M University - Corpus Christi. Activities include: Student Government Association, TAMUCC Environmental Advisory Council, Young Business Professionals, World Affairs Council of South Texas, Army ROTC Leadership Training, Momentum 20/20 Sustainability Committee at TAMUCC, and Church of the Good Shepherd. (8105113) William D. Strawn 5014 Cape Romain, 78412 Retired. Former TxDOT Grant Manager /State Planner. Received BBA in Transportation Management from University of Texas at Austin, an MA in Management from University of Nebraska. Retired USAF Officer. Pilot for U.S. Coast Guard Auxiliary. Activities include: Parkway Presbyterian Church and Finance Committee, Vice - Commander Corpus Christi Flotilla of VSCG Auxiliary, City Ethics Commission member. (Willing to resign from the Ethics Commission) (7125113) 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) AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of July 30, 2013 Second Reading Ordinance for the City Council Meeting of August 20, 2013 DATE: July 9, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV @cctexas.com (361) 826 -3246 Amending the Unified Development Code and Municipal Code for Sidewalk Cafes and Streetscape Zones CAPTION: Ordinance amending the Unified Development Code by revising subsections 1.11.3 — Defined Terms, subsection, 6.13.1 Streetscape Zone and Pedestrian Amenities; establishing a new subsection 6.13.1 — Permission to Use City Sidewalks; amending the City of Corpus Christi, Texas, Code of Ordinances, by revising Section 49 -2 — Obstructions Generally, and Section 49 -6 — Gates opening across sidewalks; and providing for severance, penalties, and publication. PURPOSE: The purpose of this item is to amend the Unified Development Code (UDC) and the Municipal Code to allow the Director of Development Services, rather than the City Council, to approve Use Privilege Agreements (UPA) for sidewalk cafes, awnings, outdoor displays and sales, street furniture, and other improvements or structures in the public right -of -way. BACKGROUND AND FINDINGS: The UDC currently allows sidewalk cafes, awnings, outdoor displays and sales, street furniture, landscaping, art, planters, lighting, and other streetscape zone amenities on public rights -of -way through a UPA with the City. The City encourages streetscape zones and amenities that would improve the downtown pedestrian environment. All UPAs currently require City Council approval. For minor improvements, such as the streetscape zone and pedestrian amenities, the proposed code amendments would authorize the Director of Development Services to administratively approve UPAs. By authorizing the Director to administratively approve UPAs, the process will be easier and quicker for customers and will not burden the City Council with minor improvements. The other proposed text amendments to the UDC will define sidewalk cafes and clarify existing language in the Streetscape Zone Ordinance. Additionally, the City Municipal Code is being amended in order to eliminate conflicting provisions. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendments conform to City policy. DEPARTMENTAL CLEARANCES: Development Services, Planning and Environmental Services, and Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Planning Commission and Staff Recommendation (July 17, 2013): Approval of the proposed code amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code by revising subsections 1.11.3 — Defined Terms, subsection, 6.13.1 Streetscape Zone and Pedestrian Amenities; establishing a new subsection 6.13.1 — Permission to Use City Sidewalks; amending the City of Corpus Christi, Texas, Code of Ordinances, by revising Section 49 -2 — Obstructions Generally, and Section 49 -6 — Gates opening across sidewalks; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ( "UDC ") and Corpus Christi, Texas, Code of Ordinances; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 17, 2013, during a meeting of the Planning Commission, and on Tuesday, July 30, 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 to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article 1, Section 1.1, subsection 1.11.3 of the Unified Development Code ( "UDC "), entitled "Defined Terms," is amended by revising the text to read as follows: "Article 1. General Provisions 1.11 Definitions 1.11.3 Defined Terms Sidewalk Cafe: Sidewalk cafe shall mean that portion of the public right -of -way kept, used, maintained, and held out to the public as a place where food and /or drink are served for consumption on the premises. The sidewalk cafe shall be adjacent to, or in front of an establishment that sells food and /or drinks and shall not reduce the public sidewalk width to less than five feet or obstruct the required Clear Zone. SECTION 2. Article 6, Section 6.13, subsection 6.13.1 of the UDC, entitled " Streetscape Zone and Pedestrian Amenities," is amended by revising the text to read as follows- Ordinance- Sidewalk Cafe Text Amendments FINAL 7 -12 -2013 Page 1 of 4 "Article 6. Special Zoning Districts "6.13 Streetscape Zone Standards. 6.13.1 Permission to Use City Sidewalks. The Assistant City Manager of Development Services is authorized to approve Use Privilege Agreements for streetscape zone and pedestrian amenities such as sidewalk cafes, awnings, outdoor displays and sales, street furniture, landscaping, art, planters, lighting, and any other uses or installations that the Assistant City Manager deems appropriate for the Streetscape Zone. "6.13.42 Streetscape Zone and Pedestrian Amenities "6.13.42.A "6.13.42.13 "6.13.42.0 "6.13.42.D "6.13.42.E "6.13.42.F Outdoor Damn, Area -s Sidewalk Cafes Sidewalk cafes on public sidewalks are permitted through a Use Privilege Agreement with the City and an associated fee, when adjaGen+ to and diFeGtly abl ttiRg a roc a ur-aAt Iron ��or) in A h, ii,6 nn 0 provided that the sidewalk cafe shall not reduce the public sidewalk width to less than 5 five feet or obstruct the required Clear Zone (Fig. 6.13.1.F.1.). SECTION 3. Part III, Chapter 49 — Streets and Sidewalks, Article I. — In General, Division 1. — Generally, Section 49, of the Corpus Christi, Texas, Code of Ordinances, entitled "Obstructions Generally," is amended by revising the text to read as follows: Sec. 49 -2. - Obstructions generally. Ordinance—Sidewalk Cafe Text Amendments FINAL 7 -12 -2013 Page 2 of 4 Nothing in this section shall apply to the operation of a sidewalk cafe or to the placing of any container upon any sidewalk that contains rubbish or trash for the purpose of being hauled off by the sanitation division. SECTION 4. Part III, Chapter 49 — Streets and Sidewalks, Article I. — In General, Division 1. — Generally, Section 49, of the Corpus Christi, Texas, Code of Ordinances, entitled "Gates opening across sidewalks," is amended by revising the text to read as follows: Sec. 49 -6. Gates opening across sidewalks It shall be unlawful for any person to build or have built any gates which open across the adjoining sidewalk, unless such gate is authorized by a Use Privilege Aareement for a sidewalk cafe. SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Ordinance—Sidewalk Cafe Text Amendments FINAL 7 -12 -2013 Page 3 of 4 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 City Secretary Nelda Martinez Mayor Ordinance—Sidewalk Cafe Text Amendments FINAL 7 -12 -2013 Page 4 of 4 ° 4-rill AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of July 30, 2013 "¢RPO Second Reading Ordinance Item for the City Council Meeting of August 20, 2013 2852 DATE: July 9, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Department of Development Services MarkVV@cctexas.com 361- 826 -3246 Reimburse Isaac C. Anthony, III and Betty Anthony for the wastewater lot/acreage fees paid in 1996. CAPTION: Ordinance appropriating $1,135.31 from the No. 4220 Wastewater Trunk System Trust Fund to refund Isaac C. Anthony, III and Betty Anthony the wastewater lot/acreage fees paid since wastewater services are not available nor will any be available within the next 5 years as related to King Estates Unit 2, Block 7, Lot 3. In accordance with the Unified Development Code, Section 8.5.2.G.1, the property owner may request that the City Council refund the wastewater acreage fees that were paid in 1996. BACKGROUND AND FINDINGS: In March 1996, the developer of King Estates Unit 2 paid the wastewater acreage fee as required during the platting of the property. The Platting Ordinance in 1993 required payment of the wastewater acreage fees or an exemption from the fees by the City Council. The Developer was denied an exemption and paid the fees. In the 1993 Platting Ordinance as well as the current Unified Development Code (UDC), the current property owner may request a refund of the pro -rated fees paid. The refund request must be made after 10 years and before 20 years from the date of the filing of the plat. The UDC states that the City Council may decide during a hearing to refund the monies if the petitioners are the property owners; no wastewater lines currently serve the petitioners' property; and the property is not likely to be served within the next 5 years. The refunds will be appropriated from the Wastewater Trunk System Trust Fund, if funds available. The refund shall include a 5.5% interest per annum from the date of filing of the plat. The order of refunds will be determined according to the date the application for refund is approved by the City Council. City Council Agenda Memorandum Isaac & Betty Anthony Wastewater Acreage Fee Refund Page 2 The plat of King Estates Unit 2 was recorded on March 15, 1996. It has been 17 years since the plat was recorded. King Estates Unit 2 contained 127.08 acres and paid $56,204.28 in wastewater acreage fees. The Anthony's property, Lot 3, Block 7, contains 45,000 square feet or 1.033 acres. Pro - rating the fees paid and the Anthony's property, Lot 3, Block 7 is credited for $456.90. Based on the fee value of $456.90 paid in 1996, the Anthony's are currently due $1,135.31. Since the fee was paid in 1996 and has been accruing interest, it is in the best interest of the City to authorize payment to Mr. & Mrs. Anthony. Until monies are refunded to the Anthony's, the amount due will continue to increase. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable. Refund request. EMERGENCY / NON - EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: Fund(s): Wastewater Trunk System Trust Fund Comments: N/A RECOMMENDATION: Staff recommends approval of the appropriations ordinance to the refund of Mr. Mrs. Anthony's wastewater acreage fee plus the required 5.5% interest per annum. Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Wastewater Trunk System Trust Fund $710,372.66 Encumbered / Expended Amount $708,839.63 This item $1,135.31 BALANCE $397.72 Fund(s): Wastewater Trunk System Trust Fund Comments: N/A RECOMMENDATION: Staff recommends approval of the appropriations ordinance to the refund of Mr. Mrs. Anthony's wastewater acreage fee plus the required 5.5% interest per annum. City Council Agenda Memorandum Isaac & Betty Anthony Wastewater Acreage Fee Refund Page 3 LIST OF SUPPORTING DOCUMENTS: Location Map Isaac C. Anthony, III & Betty Anthony Refund Request Ordinance K: \DEVELOPMENTSVCS \SHARED \LEGISTAR \2013 CC AGENDA ITEMS \7 -30- 2013 \KING ESTATES UNIT 2, BLOCK 7, LOT 3 \KING ESTATES UNIT 2 AGENDA MEMO EXEC Summary.docx 0 0.035 0.07 NATASHIA LANE CAITLYN LANE ■ Miles 0.14 Legend r........ i PLANNING.CITYLIMITS Title: Isaac C. & Betty Anthony Printing Date: 07/12/2013 File: K: \DevelopmentSvcs \SHARED \GIS Projects \4Miguel \King Estates Unit 2, Block 7, Lot 3.mxd Prepared By MSS Illustrative purposes only. Coordinate System: NAD 1983 StatePlane Texas South RIPS 4205 Feet © City of Corpus Christi © Development Services The Law Office of C. Eric Anthony, Attorney at Law, P.C. 6000 South Staples Suite 400 2818 South Port Avenue Corpus Christi, Texas 78413 Corpus Christi, Texas 78405 Phone: (361) 888 -5279 Fax: (361 ) 888 -5296 June 24, 2013 Michael Saldana Development Services 2406 Leopard Corpus Christi, Texas 78408 RE: Wastewater Development Fees Reimbursement My Client: Isaac C. Anthony, III and Betty Anthony 5921 King Trail Corpus Christi, Texas 78414 Legal Description: King Estates Unit 2 Lt 3 Blk 7 Dear Mr. Saldana , Please be advised that I represent the interest of Isaac C. Anthony, III and Betty Anthony in their request for reimbursement. If you have any questions do not hesitate to contact me. Sincerely, C. Eric Anthony Attorney at Law CEA/dg Ordinance appropriating $1,135.31 from the No. 4220 Wastewater Trunk System Trust Fund to refund Isaac C. Anthony, III and Betty Anthony wastewater lot/acreage fees previously paid for Lot 3, Block 7, King Estates Unit 2 and authorizing the City Manager or designee to issue payment. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $1,135.31 is appropriated from the No. 4220 Wastewater Trunk Line Trust Fund to refund Isaac C. Anthony, III and Betty Anthony wastewater lot /acreage fees previously paid for Lot 3, Block 7, King Estates Unit 2, in accordance with Section 8.5.2.G. of the Unified Development Code. Furthermore, the City Manager, or his designee, is authorized to issue payment of the refund to the named parties. 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 ATTEST: Armando Chapa City Secretary day of , 20, CITY OF CORPUS CHRISTI Nelda Martinez Mayor NO. AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of August 20, 2013 Second Reading Ordinance for the City Council Meeting of August 27, 2013 DATE: July 24, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV @cctexas.com (361) 826 -3246 New Zoning District for Half -Acre Residential Lots CAPTION: Ordinance amending the Unified Development Code to provide for a new "RS -22" Single - Family 22 District by revising table 1.11.2 — abbreviations, table 4.1.1 — zoning districts, table 4.3.2 — permitted uses (single - family districts), table 4.3.3 — residential development (single - family districts), subsections 5.6.4.A.2.a and 5.6.4.13.1a — both entitled single - family, two - family, and townhouse residential use districts, and subsection 7.5.13 — signs allowed in the FR, RE, RS -15, RS -10, RS -6, RS -4.5, RS -TH, RS -TF, and RMH districts; and providing for severance, penalties, and publication. PURPOSE: The purpose of this item is to create a new zoning district for single - family development with minimum lot sizes of 22,000 square feet (approximately one -half acre). BACKGROUND AND FINDINGS: As proved by a recent rezoning request for the Kitty Hawk subdivision, many developers look to create single - family residential neighborhoods with minimum lot sizes of one -half acre. However, the City's Unified Development Code (UDC) does not provide a zoning district where the minimum required lot size is one -half acre. Staff proposes an amendment to the UDC that would create a new zoning district with a minimum lot size requirement of 22,000 square feet, which is approximately one -half acre. Having a zoning district with minimum lot sizes of one -half acre would afford protection to property owners who buy property within a subdivision having half -acre lots because property owners would be guaranteed that the lot sizes of their neighbors could not be subdivided into lots of less than one -half acre without a rezoning and public hearing process. ALTERNATIVES: Denial or alteration of the proposed text amendments related to the creation of the "RS -22" District. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendments conform to City policy. EMERGENCY /NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: The Planning Commission and Staff recommend approval of the proposed UDC text amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code to provide for a new "RS -22" Single - Family 22 District by revising table 1.11.2 — abbreviations, table 4.1.1 — zoning districts, table 4.3.2 — permitted uses (single - family districts), table 4.3.3 — residential development (single - family districts), subsections 5.6.4.A.2.a and 5.6.4.13.1a — both entitled single - family, two- family, and townhouse residential use districts, and subsection 7.5.13 — signs allowed in the FR, RE, RS -15, RS -10, RS -6, RS -4.5, RS -TH, RS -TF, and RMH districts; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ( "UDC "); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 17, 2013, during a meeting of the Planning Commission, and on Tuesday, August 20, 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 to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article 1, Section 1. 11, subsection 1. 11.2 of the UDC, entitled "Abbreviations," is amended by revising the subsection to include the terms for the Single - Family 22 District, denoted as "RS -22," to read as follows: "Article 1. General Provisions "1.11 Definitions "1.11.1 * * "1.11.2 Abbreviations Abbreviation R -MH Manufactured Home District RS -22 Single - Family 22 District RS -15 Single_Family 15 District RS -10 Single_Family 10 District RS -6 Single= Family 6 District RS -4.5 SinglezFamily Single-Family 4.5 District Ordinance—UDC Amdmts RS22 FINAL 07112013 Page 1 of 8 SECTION 2. Article 4, Section 4.1, subsection 4.1.1 entitled "Establishment of Zoning Districts," Table 4.1.1, entitled "Zoning Districts," Section 4.3, subsection 4.3.2 entitled "Permitted Uses," Table 4.3.2, entitled "Permitted Uses (Single - family districts)," and subsection 4.3.3 entitled "Residential Development Standards," Table 4.3.3 entitled "Residential Development (single - family districts)" of the UDC are amended by revising the text of the tables to read as follows: "Article 4. Base Zoning Districts "4.1 General "4.1 Establishment of Zoning Districts "Table 4.1.1 Zoning Districts Base Zoning Districts Residential Districts FR Farm -Rural RE Residential Estate RS -22 Single- Family 22 RS -15 Single - Family 15 RS -10 Single - Family 10 RS -6 Single-Family 6 RS -4.5 Single - Family 4.5 RS -TH Townhouse RS -TF Two - Family RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 RM -AT Multifamily AT R -M -H Manufactured Home Nonresidential Districts CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial (Limited) ON Office CR -1 Resort Commercial Ba front CR -2 Resort Commercial (Barrier Island) CR -3 Resort Commercial (& Existing Designation FR RE RA R- 1A R -1B R -1C R -TH R -2 A -1 A- 1A A -2 AT T 1 -B and T 1 -C B -1 B -1 A M :001 Ordinance—UDC Amdmts RS22 FINAL 07112013 Page 2 of 8 "4.1.6 * * * * * * * * "4.2 * * * "4.3 Single - Family Residential Districts "4.3.1 * * * "4.3.2 Permitted Uses * * * * * (TABLE INSERTED ON NEXT PAGE) 1 -2 1 -3 T -1 A PUD -1 and PUD -2 HC, HC -1, HC -11, HC -III, HC -IV, HC -F, and HC -A -SP -10 -CH Ordinance—UDC Amdmts RS22 FINAL 07112013 Page 3 of 8 t+North Beach) CG -1 General Commercial Limited CG -2 General Commercial Cl Intensive Commercial CBD Downtown Commercial BP Business Park CC Commercial Compatible IC Industrial Compatible IL Light Industrial IH Heavy Industrial RV Special -PUD Recreational Vehicle Park Districts Planned Unit Dev. Overlay -H Historic Overlay -SP Special Permit -10 Island Overlay -CH Cottage Housing "4.1.6 * * * * * * * * "4.2 * * * "4.3 Single - Family Residential Districts "4.3.1 * * * "4.3.2 Permitted Uses * * * * * (TABLE INSERTED ON NEXT PAGE) 1 -2 1 -3 T -1 A PUD -1 and PUD -2 HC, HC -1, HC -11, HC -III, HC -IV, HC -F, and HC -A -SP -10 -CH Ordinance—UDC Amdmts RS22 FINAL 07112013 Page 3 of 8 "Table 4.3.2 Permitted Uses (Single - family districts) SINGLE - FAMILY DISTRICTS P = Permitted Use L = Subject to Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted FR RE i RS- 22 RS- 15 RS- 10 RS -6 RS- 4.5 Standards Residential Uses Single-family detached house P P P P P P P Zero lot line house [RE provides for 1 acre lots whereby zero lot line configurations are not necessary.] L L L L L L 4.3.5 Traditional house L L L L L 4.3.5 Semi - attached house L L 4.3.5 Group home [6 or fewer residences] P P P P P P P Public and Civic Uses Community Service Uses [5.1.3.A] L L L L L L L 5.2.3 Day care center L 5.2.4.13 Day care home [6 or fewer children] L L L L L L L 5.2.4.0 Educational Facility Uses [5.1.3.C] P P P P P P P Parks and Open Area Uses [5.1.3.1`1 except for: P P P P P P P Cemetery, crematorium (human), columbaria, mausoleum, memorial park SP for existing facilities expanding on adjacent property only Golf course P P L L L L L 5.2.5 Place of Worship Uses [5.1.3.H] P P P P P P P Utilities, major [5.1.3.J] except for: L L L L L L L 5.2.6 Wind energy units L L L L L L L 5.6.4 Utilities, minor [5.1.3.Jl P P P P P P P Wireless telecommunication facility See Section 5.5 Commercial Uses Bed and breakfast home SP SP SP SP SP SP 5.2.8 Farmers market L 5.2.9 Veterinarian or animal hospital with outdoor runs and kennels. P Industrial Uses Storage of explosives or other hazardous materials. SUE SUE Above ground fuel tanks SUE Other Uses Agriculture Uses [5.1.6.Al except for: P Kennel or animal shelter, indoor and outdoor L 5.2.18 Stable, public or private L L 5.2.19 Resource Extraction Uses [5.1.6.13] P Ordinance—UDC Amdmts RS22 FINAL 07112013 Page 4 of 8 "4.3.3 Residential Development Standards "Table 4.3.3 Residential Development (single - family districts) SINGLE - FAMILY DISTRICTS FR RE R5 -22 RS -15 RS -10 RS -6 RS -4.5 Min Lot Area 5 ac. 1 ac. 22,000 15,000 10,000 6,000 4,500 Min. Lot Width (Ft.) 150 150 100 50 85 50 45 Min. Yards (ft.) Street Street (corner) -------------------------------- - - - - -- Side (single) Rear--------------------------------------------------- 50 25 ------ - - - - -- 25 25 50 25 ------ - - - - -- 25 - - - - -� 5 - - -- 25 25 25 25 20 See 4.2.10 10 - - - - -� - - - -- 5 -------------------- 5 - - -- 5 ----- 5 - - - -- 5 ----- - - - - -- Min. Open Space 300 300 300 300 300 Max. Height (ft.) 45 35 35 35 35 35 35 SECTION 3. Article 5, Section 5.6.4, subsections 5.6.4.A.2.a and 5.6.4.13.1a of the UDC, both subsections being entitled "Single- Family, Two - Family, and Townhouse Residential Use Districts," are amended by revising the text to read as follows: "Article 5. Use Regulations "5.1 * * * * * "5.6 Wind Energy Conversion Units "5.6.1 * * * * * "5.6.4 Uses, Lot Size Allowances, Heights, Setbacks, and Required Permits "5.6.4.A. Permitted Use /By Right Ordinance—UDC Amdmts RS22 FINAL 07112013 Page 5 of 8 "2. Wind energy units are allowed as an accessory use to a building or structure requiring energy and as a permitted -by -right use on platted lots as follows: "a. Single- Family, Two - Family, and Townhouse Residential Use Districts The following standards apply to the single - family, two - family, and townhouse residential uses in zoning districts RE, RS -22, RS -15, RS -10, RS -6, RS -4.5, RS -TH, RS -TF, RM -1, RM -2, RM -3, ON, CN -1, CN -2, CR -1, -DCR -2, CR -3, or CG -2: "b * * * * * * «e * "5.6.4.6 Special Use Exception * * * * * "3. Wind energy units, which are in addition to any wind energy units allowed by right under 5.6.4.A., are allowed as an accessory use to a building requiring energy on platted lots under a Special Use Exception as follows: "a. Sinale - Familv. Two - Familv. and Townhouse Residential Use Districts One small free - standing unit is permitted on any lot platted as less than one acre (43,560 sq. ft.) in size, provided that the total unit height may not exceed 55 feet above the natural grade and the unit will fall within the property lines, in the following zoning districts RE, RS -22, RS -15, RS -10, RS- 6, RS -4.5, RS -TH, RS -TF, RM -1, RM -2, RM -3, ON, CN -1, CN -2, CR -1, CR -2, CR -3, or CG -2 when the property is being used for single - family, two - family, or townhouse residential uses. «b * * * * * Ordinance—UDC Amdmts RS22 FINAL 07112013 Page 6 of 8 SECTION 4. Article 7, Section 7.5 entitled "Signs," subsection 7.5.13 of the UDC is amended by revising the title of the subsection to read as follows: "Article 7. General Development Standards "71 "7.5 Signs "751 7.5.13. Signs Allowed in the FR, RE, RS -22, RS -15, RS -10, RS -6, RS- 4.5, RS -TH, RS -TF, and R -MH Districts SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Ordinance—UDC Amdmts RS22 FINAL 07112013 Page 7 of 8 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 ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Ordinance—UDC Amdmts RS22 FINAL 07112013 Page 8 of 8 s i �a �e AGENDA MEMORANDUM Future Item for the City Council Meeting of August 20, 2013 Action Item for City Council Meeting August 27, 2013 DATE: 7/22/2013 TO: Ronald L. Olson, City Manager THRU: Susan Thorpe, Assistant City Manager ST as.com 361- 826 -3898 Eddie Ortega, Director of Neighborhood Services Eddie0 cctexas.com 361- 826 -3234 FROM: Rudy Bentancourt, CD Administrator RudyB @cctexas.com 361- 826 -3021 Public Hearing regarding a "Substantial Amendment" to the FY2013 CAAP and a Motion to amend the programs which include allocation changes. CAPTION: Public Hearing to consider a motion to amend the 2013 Consolidated Annual Action Plan (CARP) approved by the U.S. Department of Housing and Urban Development (HUD) to increase the Community Development Block Grant Program by $265,242, increase the HOME Investment Partnerships Program by $6,880, and reduce the Emergency Solutions Grant Program by $62,189; and to authorize the City Manager or designee, following the conclusion of the comment period required by HUD, to amend the FY2013 CAAP by accepting the allocation changes and recommendations by staff; and to execute all necessary documents with HUD and the CAAP grantees. Purpose of a Substantial Amendment is to abide by HUD requirements to amend an approved CAAP and to provide a "Citizen Comment Period" for citizens to provide comments on the recommended changes to the FY2013 CARP. BACKGROUND AND FINDINGS: On May 14, 2013, City Council approved an Ordinance to approve the FY2013 -2014 Consolidated Annual Action Plan (CARP) for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships (HOME) Programs with staff proposed funding amounts. City Council requested that City staff review the La Retama Library Accessibility Project and return to City Council with recommendations. At the time, the U.S. Department of Housing and Urban Development (HUD) proposed that entitlement communities reduce each program by 5% of the FY2012 entitlement allocations. On May 29, 2013, HUD released its final entitlement allocations to its Participating Jurisdictions. The CDBG Program received a 10.77% increase from the prior proposed amount. This additional $265,242, along with the prior amount of $222,645 which was not allocated in May account for $487,887 of available CDBG funds. It is proposed that La Retama Central Library Accessibility be recommended for $123,000, Engineering Department Accessible Routes in CDBG Residential Areas Phase 3 be recommended for $200,000, Engineering Department Residential Traffic Management Program be recommended for $25,000 and the Neighborhood Services Department Demolition Program be recommended for $139,887. The ESG Program received the largest reduction of 24.74% from the prior proposed amount. The ESG Program was reduced by $62,189. Due to the percentage of reduction, City staff determined to reduce all approved projects by 24.74 %. The attached table provides the amount adopted to the new amount proposed. The HOME Program received a .0726% increase from the prior proposed amount. This $6,880 will be reprogrammed into the FY2014 CARP. ALTERNATIVES: None OTHER CONSIDERATIONS: 0rMe- CONFORMITY TO CITY POLICY: City Council approval to amend CAAP is required for the completion of the project. EMERGENCY / NON - EMERGENCY: This item is non - emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Operating Expense Fiscal Year: 2013 -2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 $272,1221 1 $272,122 BALANCE 1 1 $272,1221 1 $272,122 Fund(s): Comments: This expense only impacts the FY2013 -2014 as it consists of funding comprised of the final entitlement allocation from HUD. RECOMMENDATION: Staff recommends the approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: CDBG Project List Central Library Budget — Site work Central Library Budget - Elevator ESG Project List COMMUNITY DEVELOPMENT BLOCK GRANT FY2013 Available Funding: $487,887 PROJECT STAFF RECOMMENDATION La Retama Central Library Accessibility Funding requested is to construct an ADA compliant ramp in front of the library and reconstruct the damaged entrance walkways. $123,000 Funding also requested to replace the public access elevator and bring it up to ADA standards so that access can be possible for individuals with disabilities or the elderly . Accessible Routes in CDBG Residential Areas Ph 3 Project involves providing accessible routes in CDBG residential areas which do not have sidewalks but have heavy pedestrian traffic. This project will build approximately 2,300 liniar feet of 5 foot $200,000 wide sidewalk and 15 ADA compliant curb ramps. This will allow pedestrians with and without disabilities to travel this area in safety without architectural barriers. The proposed area is between Horne Rd., Greenwood Dr., Baldwin Ave., and Ayers St. Residential Traffic Management Program Program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The request is to allocate CDBG funds to bear the installation costs in qualified CDBG eligible tracts. Thus far, since the inception of the $25,000 RTMP, residential neighborhoods in CDBG areas have not elected or been able to particiate in the TRMP due to difficulty in the residents' share of the cost. The request will allow the entire speed hump in CDBG areas to be funded by the grant and therefore, there will be no cost to the residents. Demolition Program Program consists of the demolition of substandard structures determined to be health and safety issues and 51% or more deterioration of the structure. The demolition of these structures is an abatement measure as deemed necessary by the Buiilding Code and Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization within the community and as a goal established by City Council for livable neighborhoods. Each $139,887 structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The substandard structures will be demolished under the authority of a judge's ruling via Environmental Municipal Court and the Demolition Grant Program that allows the property owner to voluntarily agree to have their structure demolished. TOTAL $487,887 PROJECT BUDGET ESTIMATE 711912013, Central Library - Public Elevator Modernization and ADA Compliance PROJECT FUNDS AVAILABLE: PendingCDBG Grant ................................................ ............................... $ 89,95142 Facilities Maintenace Funds-- ................................................................ 5,966.51 Total Funds Available $ 95,919.93 FUNDS REQUIRED: Construction (Barcom) Public Elevator Modernization and ADA Compliance $ 78,452.15 Contingency( 8%) .................................................................. ............................... $ 6,119.27 Total $84,571.42 Consultant Fees: Consultant - (Solka Nava Torno) ............................................. ............................... $ 4,790.00 Material Testing ( TBD) ...................................................... ............................... $ 592.00 Reimbursements: Contract Administration (Contract Preparation /Award/ Admin) ......... ............................... $ 2,537.14 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) ............................... $ 3,006.51 Finance............................................................................... ............................... $ 211.43 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 211.43 TOTAL............................. ............................................... ............................. I..... $95,919.93 ESTIMATED PROJECT BUDGET BALANCE ............................ ............................... $ Attachments: 1. Solka Nava Torno Proposal for Professional Services 2. Barcom Proposal for Construction of Proposed Improvements 6262 Weber Rd. Suite 310 Corpus Christi, 'Texas 78413 -4031 p: 361 - 854 -1471 f:'361-8'54-1470 mmotarchitects,co►n CITY OF CORPUS CHRISTI CENTRAL LIBRARY ELEVATOR ADA IMPROVEMENTS Task List June 27, 2013 1. Investigate existing condition of elevator serving public visitors for current elevator code compliance, maintenance needs and accessibility compliance. 2. Provide Plans, Specifications (on Drawings) and Details to describe improvements and upgrades to existing public elevator located in Lobby in order to achieve ADA (TAS 2012) compliance and satisfactory operation. 3. Investigate after - market installation of decorative hardwood paneling in interior of existing elevator cab. Design replacement materials /installation as required for TAS clear space requirements inside cab. 4. This proposal includes cost of TAS plan review submittal and inspection at project completion. (Note: State Fees, RAS plan review fees and RAS final inspection fees must be paid in full at the time of plan review submittal). 5. Costs of reproduction of Bid documents, if required, will be a pass through reimbursable. 6. This proposal includes no services for Bidding, Permitting and Construction Administration phases. 7. It is assumed that construction will be the responsibility of a City selected and approved Job Order Contractor and that the Job Order Contractor will be managed by the City. 8. Additional services required or requested will be billed as "Time and Material" in accordance with Rate Schedule attached. J:113M,1121iesk Li*Woc Erasma Nava, AIA Glen Flay 7orno, AIA Jay Porterfield, AIA 6262 Weber -ltd: Suter 3111 Corpus Chelsti, Tbkas X84132401 p: xl- 854.1971 f, City of Corpus Christi Central Library Elevator Accessibility Improvements Fee Proposal 0612712013 Budaet ��iv ,: �. l�� }-�.q tF' P�. d g� �t � _, K - kq P =Principal $ 120,00 SA =Staff Architect 1 Meetings with City Staff and Users TS =Technical Staff 2 2 - - $ 420.00 2 Investigate Cab Finish Replacement Options 2 - - - $ 240.00 3 Site Investigation 2 4 4 - $ 800.00 4 Existing Condition and Demolition Floor Plan 2 2 2 - $ 520.00 5 New Work Floor Plan and Details 2 4 8 - $ 1,000.00 _6 Specification Notes {On Drawings} _ 4 2 2 $ 850.00 _8 Subtotal _ _ _2 14 _ _ 14 16 2 $ 3 _ ,830.00 9 Texas Accessible Standards Requirements 10 State Filing Fee $ 175.00 11 Plan Review Fee $ 340.00 12 fnspectlon Fee_ _ — $_ 445.00 13 Subtotal $ 960.00 .. Mfr- 4ar3 z i , , y Designation Rate P =Principal $ 120,00 SA =Staff Architect $ 94.00 TS =Technical Staff $ 50.00 C= Clerical $ 45,00 Page 1 of 1 MON191 MEMO 67.62 Weber Rd. Suite 310 Corpus Christi, Texas 78413 -4031 p: 361- 854.1471 f: 361 - 854 -1470 www.sntarchitect's.com, Consulting Billing Rates May 2013 Principals ................... ............................... $120.00 Staff Architect .................... . .......... . . ...... . ..... $ 90.00 intern Architect ............. ............................... $ 75.00 Technical Staff ............... ............................... $ 50.00 Clerical.................... ............................... $ 45.00 Consultants (Actual Cost) .......... . .................... . . . . 1,0 times cost Reimbursable. Expenses/ Mileage . .......... . (Reproduction, Postage and Shipping, Travel Related Expenses and Miscellaneous Direct Project Costs) Prasmo Nava, AIA Glen Rav Torno, AIA Jav Porterfield, AIA I 1 1l E � I I. III �J Q. C O Qom, i N C L �I fig'$ i mo l m N' Vl^ SCI 008s9oo �°��- IAGO 21 N LO 'g N CO R a r r I! Q r M I Al I 1 1l E � I I. III �J Q. C O Qom, i N C L �I fig'$ i mo l m N' Vl^ SCI 008s9oo �°��- IAGO 21 N LO 'g N CO R a r r I! Q r M I �Q] N M1 I Cl ti I � n Q � O ate'. ; � a� • $ � $ co ui al IV jj i CL i C Q I $ a I co to sus I t9 CL I w I 1p I M � I � � o C M' 92 CL pa i _.: a t E Lk oP m i a i I l I i I � I I ! � a Y W 1 y Cc I Y �I 1 I I �I a CL � e LL ci� Etddl E i l l CL NI d)�l F Vl 1 N�% 0 CL Q, E$= a) .p 0 Q � w �I CL Y, c� M lb m 9 a I p o a q I r <N co O G] o ti � awe, 1 VD W s ! f 0 c4 c I .w. 0 0 S v 1 I O I ' 0 C 0 i w !w ui 1 CD m � CL I 8 j> m °a j I M � v E 'r 4.0 IS 0 (D r u "I FL w cri s? �- E >' o ` Q �g8j al a cr 4 d i O N N 1- N cp 00 V, I t} E � N R cq PROJECT BUDGET ESTIMATE 711912m Central Library - Sidewalk Rehabilitation and ADA Compliance PROJECT FUNDS AVAILABLE; Pending CDBG Grant ................................................ ............................... $ 33,041.55 Facilities Maintenance Fund ....................................... ............................... $ 2,212.12 Total Funds Available $ 35,253.67 FUNDS REQUIRED: Construction (Barcom) Sidewalk Rehabilitation and ADA Compliance $ 26,824.31 Contingency(8 %) ................................................................ ............................... $ 2,092.30 Total $28,916.61 Consultant Fees: Consultant - (Solka Nava Torno) ............................................................... -- ......... $ 3,990.00 Material Testing ( TBD) ...................................................... ............................... $ 134.94 Reimbursements: Contract Administration (Contract Preparati on/Award/Ad m i n) ......... ............................... $ 867.50 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) ............................... $ 1,200,04 Finance...... ......................................................................... ............................... $ 72.29 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 72.29 TOTAL.............................................................................. ............................... $35,253.67 ESTIMATED PROJECT BUDGET BALANCE ............................ ............................... $ Attachments: 1. Solka Nava Torno Proposal for Professional Services 2. Barcom Proposal for Construction of Proposed Improvements 6262 Weber Rd. Suite 310 Corpus Christi, Texas 78413-4031 p; 361 - 854 -1471 f. 361 -1354 -1470 www.sntarchItects.Coll) CITY OF CORPUS CHRISTI CENTRAL. LIBRARY NORTH ENTRY ACCESSIBILITY IMPROVEMENTS Task List June 27, 2093 9 . Investigate existing conditions of parking, sidewalks, ramps and other components of the required accessible path of travel to gain entry into the first floor of the Central Library. 2. Design and detail improvements to the site to bring the accessible route into compliance with TAS 2092. 3. City of Corpus Christi is to provide surrey support documentation of existing grades and elevations as per direction of Architect. 4. This proposal includes cost of TAS plan review submittal and inspection at project completion. (Note: State Fees, RAS plan review fees and RAS final inspection fees must be paid in full at the time of plan review submittal). 5. Costs of reproduction of Bid documents, if required, will be a pass through reimbursable. 6. This proposal includes no services for Bidding, Permitting and Construction Administration phases. 7. It is assumed that construction will be the responsibility of a City selected and approved Job Order Contractor and that the Job Order Contractor will be managed by the City. 8. Additional services required or requested will be billed as "Time and Material" in accordance with Rate Schedule attached. lErasmo Nava, AiA J:1131A41124Teak List.doc C3fen Ray To AIA Jay Porterfield, AIA Suite 310 corpus Chtliti, exas 78413-4031 p- 361-854•i4771— W 7 -376A;7-8*54-14r71o04 City of Corpus Christ! Central Library North Entry Accessibility Improvements Fee Proposal 0612712013 I Meetings with City Staff and Useors--- PWrincipal $ 120.00 "1 �HKI TWOM • 2 Prepare Preliminary Cost Estimate $ 50.00 2 2 $ 45,00 $ 420.00 3 Site Investigation 2 $ 286.00 4 Existing Condition and Demolition Floor Plan 2 4 4 $ 800.00 6 New Work Floor Plan and Details 2 4 2 $ 700.00 6 Specification Notes (On Drawings) 2 4 $ 440,00 7 rve S � % (W 1 4 2 2 $ 670.00 — --Sobtoft! 1-4 E-1 0 Texas Accessible Standards Requiimmen s , 33j#.0(9 , 10 State Filing Fee 11 Plan Review Fee $ 175.00 12 _ inspection Fee $ 250.00 13 -A 254_00 Subtotal ------ $ — ----- 675-nn Designation Rate PWrincipal $ 120.00 SA=Staff Architect $ 90.00 TS=Technical Staff $ 50.00 C=Clerical $ 45,00 Page I of 1 6262 Weber Rd. Suite 310 Corpus Christi, Texas 78413 -4031 p; 361-854-1471 f. 361-B54-1470 www.sntar•chitects.Com Consulting Billing Rates May 2013 Principals .................... . ............................. $20.00 Staff Architect ......... ............................... $ 90.00 Intern Architect ............. ............................... $ 75.00 Technical Staff ..... . Clerical ....... ............ ............................... $ 45.00 Consultants (Actual Cost) ....................... . • • • • ...... 1.0 times cost Reimbursable Expenses/ Mileage . ... . (Reproduction, Postage and Shipping, Travel Related Expenses and Miscellaneous Direct Project Costs) lHrasmo Nava. AIA Glen 47av Torno, AIA Jav Porterfield, AIA 3. +� o o,1 o. i I��' pi e. 0) Q w " E cc x " i O. a !jillI N I�N E E. 0 e g ! 4 2 r� o_ !i a E S Im �O 4. V 9 R e O�1 ' r i �04� ,N N M U i t N� I M (Il I N !-Z QQI •p* ?v,isq(. 9992- 00 ro a C to a m 4F 9 S� a U N � pp N I�N E E. 0 e g ! 4 2 r� o_ !i a E S Im �O 4. 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EL a. a- 0 CL CL 0- IL (L (L 0- U, 1A IL ' ,as p 0 Na 0. -a 1 1 1 1 8- , IL 12 U) J. ti al Fa Lu J 0 CD CO 0 0� 00 [CO ui M tF+ N rG t17 LO 1, 0 IS, LO tr; C4 th C C) o 0 CD C) I C� § M LO >: >: LC LL 0 Lj� q L,: -i I i I I I E N E E 0 cn m C Lm LIU CL E E W, CE E a V I z . ;tt o I ca OE >: co > C. : 1 .2 > 8 m m 9 C'4 E E di m pir 03 E CL= m =El JR. ell I i I E EE a t tilt E, � 4 wr OP 7 to P, C) cli 1 i o V m D �Ld pm 1 AGO ILn to .. •;= ° h. � �r � j v� � ' yr �3 w 14, Y i o CL ji�� I` �� I3 S �. 4 � a , � CM sl _U s O C $ CL m ;• Sm O sue. ',. I m �• o '' o N 7( M �LI' EV a N co N I� 'v C 11 Lo r 0 m m 9 H Cy 9 i if Emergency Solutions Grant (ESG) Program FY13 Final Allocation $189,117 PROJECT Council Adopt 05.14.13 Final HUD Allocation City of Corpus Christi - ESG Administrative Cost $18,847 $14,183 Wesley Community Center $20,000 $15,051 Corpus Christi Metro Ministries $60,000 $45,152 Recovery Contacts, Inc. $20,000 $15,051 Charlie's Place Recovery Center $20,000 $15,051 The Salvation Arm $56,000 $42,142 Catholic Charities of Corpus Christi $20,000 $15,051 Cor us Christi Hope House $18,230 $13,718 IMary McLeod Bethune Day Nursery $18,2291 $13,718 TOTAL $251,3061 $189,117 MA 7ftil AGENDA MEMORANDUM First Public Hearing For the City Council Meeting of August 20, 2013 Second Public Hearing For the City Council Meeting of August 27, 2013 DATE: August 20, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826 -3227 Public Hearing on Fiscal Year 2014 Ad Valorem Taxes CAPTION: Public Hearing on Fiscal Year 2014 Ad Valorem Taxes PURPOSE: The State Property Tax code requires that two public hearings be held when a taxing unit proposes a tax rate that exceeds either the rollback rate or the effective tax rate, whichever is lower. BACKGROUND AND FINDINGS: The City of Corpus Christi is proposing a tax rate of $0.585264 per $100 valuation for fiscal year 2013 -2014. Since this rate exceeds the effective tax rate of $0.529025 per $100 valuation (and is equal to the rollback rate of $0.585264 per $100 valuation), the Property Tax Code requires that the governing body to schedule two public hearings on the proposal. This is the first of the two public hearings. The second public hearing will be held on Tuesday, August 27, 2013. The vote for the final adoption of the tax rate will be held at the September 10, 2013 City Council meeting. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY /NON - EMERGENCY: • N/A DEPARTMENTAL CLEARANCES: • Office of Management and Budget FINANCIAL IMPACT: ❑Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ 84,290,275 $ - $ 84,290,275 Encumbered /Expended amount of (date) - - - - This item - $ 84,290,275 $ - $ 84,290,275 BALANCE - - $ - $ -- FUND(S): General Fund $54,880,673 Debt Service Fund $29,409,602 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ad valorem tax rate of $0.585264 per $100 valuation on September 10, 2013. LIST OF SUPPORTING DOCUMENTS: • None AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 30, 2013 Second Reading Ordinance for the City Council Meeting of August 20, 2013 DATE: July 22, 2013 TO: Ronald L. Olson, City Manager FROM: Armando Chapa, City Secretary armandoc @cctexas.com (361) 826 -3105 Ordering a Special Election — November 5, 2013 CAPTION: Ordinance ordering a special election to be held on November 5, 2013 in the City of Corpus Christi on the question of authorizing one or more series of bonds supported by ad valorem taxes; providing for procedures for holding such election; providing for notice of election and publication; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; making provisions for the conduct of such joint election; and enacting provisions and resolving other matters incident and related to such election. UPRUNKA This item will allow for a Special Election to be held on November 5, 2013 to consider one proposition: whether the City of Corpus Christi should issue general obligation bonds in the aggregate principal amount of not more than $44,600,000 for the purpose of designing, demolishing, constructing, acquiring, improving and equipping a public - private project known as Destination Bayfront (actual ballot wording is listed in the ordinance). BACKGROUND AND FINDINGS: On Tuesday, July 30, 2013, the City Council passed a resolution directing staff to prepare an election ordinance with the approved proposition and ballot language. ALTERNATIVES: None. OTHER CONSIDERATIONS: In a separate resolution, the Council will stipulate that the sale of bonds will not occur until the City has received private contributions and other financial support for the project. CONFORMITY TO CITY POLICY: This ordinance complies with the requirements of the Texas Government Code and Texas Election Code. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Legal Engineering Department Finance Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 200,000 Encumbered / Expended Amount This item 1 200,0001 1 BALANCE 1 01 1 Fund(s): Comments: None RECOMMENDATION: Approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance ordering a Special Election to be held on November 5, 2013 in the City of Corpus Christi on the question of authorizing one or more series of bonds supported by ad valorem taxes; providing for procedures for holding such election; providing for notice of election and publication; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; making provisions for the conduct of such joint election; and enacting provisions and resolving other matters incident and related to such election. WHEREAS, Chapters 1251 and 1331, as amended, Texas Government Code specifies certain requirements for the conduct of elections by Texas municipalities concerning the issuance of bonds and the levy of an ad valorem tax in support of payment thereof; and WHEREAS, Section 3.004 of the Texas Election Code provides that municipal authorities shall order elections pertaining to municipal affairs, and other provisions of the Election Code provide for notice, appointment of officers to hold the election, and other matters related to the holding of the election; and WHEREAS, Section 3.006 of the Texas Election Code provides that in addition to any other elements required to be included in an election order by other law, each election order must state the date of the election and the offices or measures to be voted on at the election; WHEREAS, Nueces County will also be conducting a Special Election on November 5, 2013; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A Special Election (the "Election ") shall be held in the city of Corpus Christi, Texas (the "City ") on Tuesday, November 5, 2013 ( "Election Day "). SECTION 2. At the Election all qualified voters of the City shall be permitted to vote. SECTION 3. The eSlate direct recording equipment (DRE) shall be employed at the Election in accordance with the applicable provisions of the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City, as set forth on Attachment A, hereto incorporated by reference and made part of this Ordinance. The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on Election Day. SECTION 4. The City Secretary shall conduct the Election as directed by this Ordinance and by law, pursuant to the Joint Election Agreement to be entered into with Nueces County. SECTION 5. The eSlate direct recording equipment shall be used for the conduct of the Election on Election Day and for early voting. Early voting in person at each of the Ordinance - Special Election 2013 2 temporary branch polling places shall be conducted on Monday, October 21, 2013 through Friday, November 1, 2013 (inclusive of Saturday and Sunday). Such early voting in person may be conducted at the main early voting polling place located at Nueces County Courthouse, 901 Leopard, as well as at the permanent branch polling places as set forth in Attachment B, incorporated by reference and made a part of this Ordinance. In addition, early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment C, and then incorporated by reference and made a part of this Ordinance, during the days and hours specified therein. The City Secretary is authorized, in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place serve all Election precincts. The City shall also utilize a Central Counting Station (the Station) as provided by Section 127.001, et seq., as amended, Texas Election Code, as amended. The elections administrator of Nueces County, or the designee thereof, is hereby appointed as the Manager and Presiding Judge of the Station and may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the provisions of the Texas Election Code, as amended. The City Council hereby appoints the elections administrator of Nueces County, or the designee thereof, as the Tabulation Supervisor and the elections administrator of Nueces County, or the designee thereof, as the Programmer for the Station. Lastly, elections administrator of Nueces County, or the designee thereof will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Texas Election Code, as amended. SECTION 6. All resident qualified voters of the City shall be permitted to vote at the Election, and on Election Day and Early Voting, such voters shall vote at the designated polling places. The Election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, Chapter 1251, as amended, Texas Government Code, and as may be required by any other law. All materials and proceedings relating to the Election shall be printed in both English and Spanish. The City Secretary is directed to post and publish such Election notices as are required by the Election Laws of the State of Texas. This notice, including a Spanish translation thereof, shall be posted at three (3) public places within the City and at the City Hall not less than twenty -one (21) days prior to Election Day, and be published on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the first of these publications to appear in such newspaper not more than thirty (30) days, and not less than fourteen (14) full days prior to Election Day. The City Secretary is appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State, including, but not limited to coordinating the Election process, in accordance with the Joint Election Agreement to be executed with Nueces County. The City Secretary is authorized to approve all lawful changes and additions to the procedures provide herein Ordinance - Special Election 2013 3 in order to implement such agreement, including provisions for substations, mobile voting sites and Election Day polling sites. SECTION 7. At the Election, the City voters shall be presented with the following proposition (in English and Spanish) in the form prescribed by applicable Texas law: Proposition No. 1 Shall the City Council of the City of Corpus Christi, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of not more than $44,600,000 for the purpose of designing, demolishing, constructing, acquiring, improving and equipping a public - private project known as Destination Bayfront -- a parks, recreation and cultural enrichment project developed with public input to make improvements, renovations and enhancements to revitalize approximately 34 acres of public land and beach downtown, which would leverage public construction dollars with private donations and other sources of funding for ongoing park programming, operation and maintenance costs, the improvements and amenities to be made having been developed through a series of public meetings and which include: • Improvements to Veteran's area including shaded event space, restrooms and handicap parking; • Large event area with covered stage, including necessary utility connections and lighting to support festivals and other large events; • Boardwalk promenade along the seawall with shade structures and restrooms adjacent to shops and restaurants; • Public pier with shade structures; • ADA ramp to access Magee beach and beach wash off stations; • Children's and family play areas including shaded seating, recreational and playground equipment for all ages, a climbing wall, and a water spray feature; • Senior exercise area; • Hiking and jogging trails and sports courts; • Dog park; • Picnic area; • Adding shaded areas, landscaping, lighting, parking, drop off points and transportation connection improvements throughout the site; and • Construction, renovation and acquisition of buildings and other facilities for lease or grant of retail, food or other concessions to private entities; with such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by law at the time of any such issuance), as shall be determined within the discretion of the City Council (provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limits provided by law, on all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at Ordinance - Special Election 2013 F maturity and to pay the costs of any credit agreements executed in connection with the bonds? SECTION & The official ballot shall be prepared in accordance with the Texas Election Code, as amended, so as to permit voters to vote "FOR" or "AGAINST" the aforesaid proposition which shall appear on the ballot substantially as follows: Proposition No. 1 The issuance of one or more series of general obligation bonds of the City in the aggregate principal amount of not more than $44,600,000 and the levy of a tax for payment thereof, for the purpose of designing, demolishing, constructing, acquiring, improving and equipping a public - private project known as Destination Bayfront -- a parks, recreation and cultural enrichment project developed with public input to make improvements, renovations and enhancements to revitalize approximately 34 acres of public land and beach downtown, which would leverage public construction dollars with private donations and other sources of funding for ongoing park programming, operation and maintenance costs, the improvements and amenities to be made having been developed through a series of public meetings and which include: • Improvements to Veteran's area including shaded event space, restrooms and handicap parking; • Large event area with covered stage, including necessary utility connections and lighting to support festivals and other large events; • Boardwalk promenade along the seawall with shade structures and restrooms adjacent to shops and restaurants; • Public pier with shade structures; • ADA ramp to access Magee beach and beach wash off stations; • Children's and family play areas including shaded seating, recreational and playground equipment for all ages, a climbing wall, and a water spray feature; • Senior exercise area; • Hiking and jogging trails and sports courts; • Dog park; • Picnic area; • Adding shaded areas, landscaping, lighting, parking, drop off points and transportation connection improvements throughout the site; and • Construction, renovation and acquisition of buildings and other facilities for lease or grant of retail, food or other concessions to private entities. SECTION 9. The voter - approved obligations issued pursuant to Proposition 1 referenced above shall be secured by the full tax rate authorized by the Texas Constitution, in accordance with Article VIII, Section 1(b) of the City Charter. SECTION 10. By approving and signing this Ordinance, the Mayor officially confirms as her action all matters recited in this Ordinance, which by law come within her jurisdiction. SECTION 11. The City Manager of the City is hereby authorized, as necessary or desired, to make such technical modifications to this Ordinance that are necessary for Ordinance - Special Election 2013 5 compliance with applicable State or federal law or to carry out the intent of the City Council, as evidenced herein. SECTION 12. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision be given full force and effect for its purpose. SECTION 13. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 14. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 15. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 16. It is officially found, determined, and declared that the meeting at which this Ordinance was adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 17. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption. ATTEST: City Secretary Mayor The City of Corpus Christi Ordinance - Special Election 2013 is That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Ordinance - Special Election 2013 Nelda Martinez Mayor ATTACHMENT A [To be inserted- polling places in the regularly prescribed precincts of the City of Corpus Christi] Ordinance - Special Election 2013 ATTACHMENT B [To be inserted - temporary branch polling places as set forth in Attachment B] Ordinance - Special Election 2013 ATTACHMENT C [To be inserted- -the mobile temporary branch polling places, during the days and hours specified therein.] Ordinance - Special Election 2013 G� O� AGENDA MEMORANDUM koPmaE° Future Item for the City Council Meeting of July 30, 2013 1852 Action Item for the City Council Meeting of August 20, 2013 DATE: July 25, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Resolution Establishing the City's Binding Intention For Destination Bayfront Bond Issuance CAPTION: Resolution establishing the City's binding intention to issue General Improvement Bonds to design, develop, construct, renovate, and improve Destination Bayfront upon obtaining the approval of City voters and upon raising private contributions and other financial support of such Project; authorizing other matters incident and related thereto; and providing an effective date. WINIESMS If the proposition for Destination Bayfront is approved by City voters on November 5, 2013, this agreement will guarantee the timing of bond issuance for Destination Bayfront to be contingent upon the successful raising of private funds. BACKGROUND AND FINDINGS: This election will provide City voters with the opportunity to authorize the issuance of bonds for a public - private project known as Destination Bayfront — a plan developed with public input to make improvements, renovations and enhancements to revitalize and economically develop approximately 34 acres of public land and beach downtown by leveraging public construction dollars with privately raised funds for ongoing park programming, operation and maintenance costs. Prior to the City issuing the bonds and prior to construction starting, privately raised funds in the amount of $15 million will be identified and deposited or pledged to support the long -term maintenance and operation of the project. ALTERNATIVES: Do not approve this resolution binding the timing of bond issuance to successful private fundraising, if the project is approved by voters in November 2013. (Not Recommended) OTHER CONSIDERATIONS: A second election item (Ordinance) is being presented for City Council approval during this meeting which would call for a November 5, 2013 election where city voters will have the opportunity to approve issuing bonds for the City share of this project. CONFORMITY TO CITY POLICY: This item conforms to City Charter requirements regarding issuing bonds and complies with the Texas Election Code. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Engineering Services Department Legal Department Finance Department Management and Budget Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Approval of this Resolution does not create a financial obligation at this time. RECOMMENDATION: Approval of the Resolution as proposed. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution establishing the City's binding intention to issue General Improvement Bonds to design, develop, construct, renovate, and improve Destination Bayfront upon obtaining the approval of City voters and upon raising private contributions and other financial support of such Project; authorizing other matters incident and related thereto; and providing an effective date. WHEREAS, the City Council (the Council) of the City of Corpus Christi, Texas (the City) will hold an election on Tuesday, November 5, 2013 (the Election) at which all residents, qualified electors of the City shall be entitled to vote concerning the issuance of not to exceed $44,600,000 of general improvements bonds, to be secured by and payable from an ad valorem tax levied, within the legal limits prescribed by law, upon all taxable property located in the City (the Bonds) for the purpose of making permanent public improvements and other public purposes, being the design, demolition, construction, acquisition, improvement, and equipment of a joint public - private participation parks, recreation, and cultural enrichment revitalization project known as Destination Bayfront, being the result of the collaborative efforts of the public and private sectors through a process of community input to develop a plan to make improvements to, renovate, and enhance an approximately 34 -acre parcel of public land and beach located in the City's downtown area (the Project); and WHEREAS, the City has the authority under applicable Texas law, including Chapters 1331 and 1509, as amended, Texas Government Code, and Chapter 331, as amended, Texas Local Government Code, to issue the Bonds for the purpose of financing the capital costs of the Project; and WHEREAS, the Council wishes to take action in the event the resident, qualified voters of the City approve the issuance of the Bonds; and WHEREAS, the details of the Project have been developed based upon significant community imput from both the public and private sectors; and WHEREAS, a significant component of the Project includes the raising of funds from other sources, in addition to proceeds of the Bonds, that will support ongoing Project maintenance and operating expenses, as well as continued improvements over its life; and WHEREAS, the Council has specified the City's intention at public meetings, presentations, and in written documents that have been disseminated for public information to issue the Bonds approved by City voters only upon receiving confirmation and assurance that these other funds have been raised or identified to pay the costs of operating and maintaining the Project; and WHEREAS, the entity known as Destination Bayfront is a Texas nonprofit corporation with a business address of 800 North Shoreline Ste 100, South Tower, Corpus Christi, Texas, 78401; and Resolution for Destination Bayfront 1 of 5 WHEREAS, prior to issuance of the Bonds and prior to construction, Destination Bayfront will raise $15 million dollars for an endowment to pay for long term programming, operation and maintenance of the park that will result from the completion of the Project; and WHEREAS, in this Resolution, the term raise or raised shall mean deposited or pledged where pledges will be discounted according to standard allowances for non- payment; and WHEREAS, dedicated Hotel Occupancy Tax funds may be counted toward the requisite pledge total, along with long term multi -year sponsorships, grants, and gifts, as long as those commitments are in writing and from a creditworthy source; and WHEREAS, the Council would like to formally establish its intention to issue the Bonds only upon receiving assurance that these other other funding sources to support the completed Project have been Raised, as that term is described above; and WHEREAS, the Council recognizes that the adoption of this Resolution and the specifications to issue the Bonds only upon identifying and obtaining reasonable assurance that the other funds to support the maintenance and operation of the completed Project have been Raised constitutes a contract with the City voters which will bind this Council and future Councils and such covenant may not be changed or revised; and WHEREAS, the Council hereby finds and determines that these actions are in the best interests of the residents of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: SECTION 1: The Council covenants and pledges to the City voters that the City will not issue any Bonds until it has identified and obtained reasonable assurance that Destination Bayfront has Raised other funds to support the maintenance and operation of the Project. SECTION 2. Prior to issuance of the Bonds and prior to construction, Destination Bayfront will Raise $15 million dollars for an endowment to pay for long term programming, operation and maintenance of the park that will result from the completion of the Project, where the term Raise or Raised shall mean deposited or pledged, where pledges will be discounted according to standard allowances for non - payment under US GAAP or GAAP, the "generally accepted accounting principles" and rules used in the United States. SECTION 3. Dedicated Hotel Occupancy Tax funds may be counted toward the requisite pledge total, along with long term multi -year sponsorships, grants, and gifts, as long as those commitments are in writing and from a creditworthy source. Resolution for Destination Bayfront 2 of 5 SECTION 4: City officials, City staff, and City consultants are authorized and directed to publicise the adoption of this Resolution to emphasize the City's covenant and pledge to the residents of the City to issue Bonds only after until it has identified and obtained reasonable assurance that the other funds have been Raised to support the maintenance and operation of the park that will result from the completion of the Project. SECTION 5: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 6: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provisions of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 7: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 8: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 9: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 10 passage. This Resolution shall become effective immediately upon Resolution for Destination Bayfront 3 of 5 PASSED AND APPROVED, this the day of , 2013. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) Resolution for Destination Bayfront 1 of 5 Corpus Christi, Texas of , 2013 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal O-wt oIm0 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Resolution for Destination Bayfront 2 of 5 G� AGENDA MEMORANDUM o�POa,EO First Reading Ordinance for the Council Meeting of August 20, 2013 1852 Second Reading Ordinance for the City Council Meeting of August 27, 2013 DATE: July 25, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floydsP_cctexas.com 886 -2604 Appropriating the Texas Automobile Burglary and Theft Prevention Authority grant CAPTION: Ordinance appropriating $392,474 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants, and appropriating $7,359 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. ..� Appropriate the funds. BACKGROUND AND FINDINGS: The City of Corpus Christi has received Year 13 funding from the Texas Automobile Burglary and Theft Prevention Authority ( ABTPA) to continue the motor vehicle theft unit in the Police Department. The ABTPA was established in 1991 due to rising auto thefts and is funded through an annual fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The unit focuses not only on detection and apprehension, but also on the salvage yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant.; numerous crime prevention programs focusing on reducing auto burglaries and thefts occur during each grant year. Since the inception of the unit in 2001, auto thefts have decreased by 71% from 1,515 to 443 in 2012. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In -kind contributions include office supplies, copy machine, and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for three sworn officers who also work auto theft and auto burglary. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for over 15 years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. ALTERNATIVES: None OTHER CONSIDERATIONS: 100=0:, CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 526,257 526,257 Encumbered / Expended Amount 0 0 This item 399,833 399,833 BALANCE 926,0901 926,090 Fund(s): Police General Fund, Police Grants Fund Comments: Year 13 of the grant requires at least a 20% match by the City. The match may be cash, in -kind, or program income. The Police General Fund will provide a cash match of $474,212 forsworn officers' salaries /benefits, in -kind contribution of $52,045 for office space /operating costs, and program income of $7,359 for travel and other operating costs. The grant period is 9/01/13 — 8/31/14. RECOMMENDATION: Staff recommends appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance Appropriating $392,474 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department; and appropriating $7,359 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $392,474 from the Texas Automobile Theft Prevention Authority (ATPA) is appropriated in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. SECTION 2. That $7,359 is appropriated in the No. 1061 Police Grants Fund for the program income match to continue the motor vehicle theft enforcement grant within the Police Department. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Nelda Martinez, 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 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal Chad Magill Colleen McIntyre Lillian Riojas Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 494!§L Watch Your Car. TEXAS MM 1URGLARY &THEFT PREVENTION AMORITY 7/23/2013 CHIEF FLOYD SIMPSON 321 JOHN SARTAIN STREET CORPUS CHRISTI, Texas 78401 Re: Grant Nbr: 2014-TO 1 -City of -00019 Year of Funding: Application: City of Corpus Christi Title: CORPUS CHRISTI AUTO THEFT P Amount: $392,474.00 Dear CHIEF SIMPSON I am pleased to inform you that the above referenced grant is approved in the amount indicated. The grant award must be accepted within 30 days by completing and returning the enclosed grantee acceptance notice to the Texas Automobile Burglary & Theft Prevention Authority. A copy of the Automobile Burglary & Theft Prevention Authority's Grant Administrative Guide is being forwarded under separate cover to the financial officer designated in your grant application. I look forward to working with you to ensure the success of your program. Any questions relating to the administration of this grant should be directed to our office by calling the Grant Administrator, Jan Gregg (512) 374 -5107. Sincerely, CA# AL4 tAA&"AO*AO Charles Caldwell Director, ABTPA GRANTEE ACCEPTANCE NOTICE AGREEMENT: That whereas City of Corpus Christi, hereinafter referred to as Grantee, has heretofore submitted a grant application to the Automobile Burglary and Theft Prevention Authority, State of Texas, entitled CORPUS CHRISTI AUTO THEFT PREVENTION GRANT, and further identified by grant number 2014 -T01 -City of -00019 And Whereas, the Automobile Theft Prevention Authority has approved the grant application as evidenced by the Statement of Grant Award from the Automobile Burglary and Theft Prevention Authority dated {Print Date} Certain special requirements; and Whereas, the Grantee desires to accept the grant award, the Uniformed Grant and Contract Management Standards, and special requirements as evidenced by the Statement of Grant Award, Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniformed Grant and Contract Management Standards and special requirements in the grant application and the Statement of Grant Award as evidenced by the agreement, executed by the project director, the financial officer, and the official authorized to sign the original grant application, of the official's successor, as presiding officer of and on behalf of the governing body of this grantee; and Now, therefore, the Grantee shall designate either the project director or the financial officer to coordinate and be solely responsible for submission of adjustments pertaining to both program and fnancial elements of the application, and the POSITION authorized to submit adjustments is Svrezw NON - LOBBYING +CER'T'IFICATION: We, the undersigned, certify that none of the grant funds, regardless of their source or character, including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election or the passage or defeat of any legislative measure. A finding that a grantee has violated the certification shall result in the immediate termination of funding of the project and the grantee shall not be eligible for future funding from the Automobile Burglary and Theft Prevention Authority. Certified By: Signature of troiect Director FLO /(J I �841e,__C�UCQ_ Name & Title(must print or type ,Z-lJ0�0 Official Agency Address(street or post office box) City /Zip Code/Telephone Number Signature of Authorized Official FoAl 0 - t W6 Name & Title (must print or type) Official Agency Address (street or post office box) City /Zip Code /Telephone Number Date: JDwV/1,- Signature of Project Manager i ll �n OJWW2 , YV AM0.1A Gq,er'' Name & Title(must print or type) ,, j 2.1 joy t 10 Official Agency Address(strect or post office box) -. City/Zip Code / Telephone Number Signature of Financial Officer 111 - 1VEvi l�-- Name & Title(must print or type) l 1 ? -Ve Official Agency Address(street or post office box) City /Zip Code /Telephone Number Texas Automat Grant Number: 2014-T01-City of -00019 Grantee Name: City of Corpus Christi Project Title: CORPUS CHRISTI AUTO THEFT PREVENTION GRANT Grant Period: 09/01/2013 to 0813112014 ention Authority ABTPA Award: $392,474.00 Grantee Cash: $481,571.00 Grantee In-Kind: $52,045.00 Total Project Cost: $926,090.00 The Texas Automobile Burglary and Theft Prevention Authority (ABTPA) has awarded the above-referenced grant. The approved budget is reflected in the attached Approved Budget Summary. This grant is subject to and conditioned upon acceptance of the ABTPA Grant Administrative Guide promulgated for this specific program fund (referenced above) through the Automobile Theft Prevention Authority a listing of applicable special conditions are listed below. Total project costs must be accounted for in accordance with the Uniform Grant and Contract Management Standards and the Administrative Guide. GRANTEE REQUEST FOR FUNDS All Grantee request for funds shall be submitted to ABTPA in accordance with the instructions provided by ABTPA and shall be in the form required by ABTPA. Requests for funds will not be honored until all special conditions outlined on the Statement of Grant Award and action required on the part of the grantee have been satisfied. GRANT ADJUSTMENTS Grantee shall submit written requests for grant adjustments, as required by the applicable ABTPA Rule contained in the Grant Administrative Guide for this specific program fund. Special Conditions and Requirements: Non-Supplanting Certification 7/2312013 op!!p Watch Your Car TEXAS AUTO DURGLARY & THEFT MEYEHTlOH AUTHORITY Texas Automobile Burglary and Theft Prevention Authority Approved Budget Summary Grant Number: 2014 -T01 -City of -00019 Region: Grantee: City of Corpus Christi Date: 7/2312013 Project Title: CORPUS CHRISTI AUTO THEFT PREVENTION G Grante Period: 09/01/2013 to 08/31/2014 Funding Source: Auto Burglary and Theft Prevention Authority ABTPA Cash Match In -Kind TOTAL A. Personnel $316,315.00 $231,427.00 $38026.00 $585,768.00 A. Fringe $7,740.00 $242,785A0 $0.00 $250,525.00 B. Contractual $0.00 $0.00 $0.00 $0.00 C. Travel $10,000.00 $7,359.00 $0.00 $17,359.00 D. Equipment $0A0 $0.00 $0.00 $0.00 E. Supplies & DOE $58,419.00 $0.00 $14,019.00 $72,438.00 F. 11ndirectFunds $0.00 Totals $392,474.00 $481,571.00 $52,045.00 $926,090.00 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 20, 2013 Second Reading Ordinance for the City Council Meeting of August 27, 2013 - ----------------- DATE: August 1, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a non-solicited grant from Christus Spohn Hospital in the amount of $64,316.30 for the purchase of two Zoll X-series. defibrillators. - - - -- - - ---------- WIT509 in, 111:4:7-j 14 1 J, 14 k, i P-1 its] 4 k, Eli =6-Min-rin- FINANCIAL IMPACT: X Operating o Revenue n Capital o Not applicable - 0 U ii Staff recommends approval of the ordinance to accept grant from Christus Spohn Hospit Corpus Christi in the amount of $64,316.30 for the purchase of two Zoll X-series defibrillato and its accessories. I Ordinance Notice of Grant Award Ordinance Authorizing the City Manager or designee to accept_ grant from Christus Spohn Hospital Corpus Christi in the amount of $64,316.30 for the purchase of two Zoll X-series defibrillators and its accessories; and Appropriating the $64,316.30 in the Fire Grant Fund No. 1062. BE IT ORDAINED t TAE CITT CU.1j,!,fU--1 TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from Christus Spohn Hospital Corpus Christi in the amount #l$6 ?1 ?0 for the purchase of two Zoll X-series defibrillators and its accessories. SECTION 2. That $64,316.30 grant is appropriated from Christus Spohn Hospital . I Corpus Christi in ®e No F . 1062 ©® Grant Fund for the purchase of two Zoll X-sene" defibrillators and its accessories. I That the foregoing ordinance was read for the second time and passed finally on this the day of by the „ following vote: CHRISTU&SPOHN Hospital Corpus Cbri5ti Memorial - Shorelhie -South ZZI Battalion Chief, EMS Division 2406 Leopard Street, Suite 200 Corpus Christi, Texas 78408 KIW57�-F rrok for the purchase of two (2) Zoll X-series defibrillators and its associated connectors, sensors and batteries. I CHRISTUS Spohn recognizes the importance of this enabling technology for the community. We are proud to be able to make this cash donation to the Corpus Christi Fire Department. Every healthcare facility emergency room that serves the emergent needs of our community in South Texas appreciates the excellent service and patient care provided by the CCFD EMS. Once you have completed your internal approval process to accept our cash donation, we will process the check in accordance to your directions. The attached quote from Zoll indicates the model number and associated equipment that we used to determine the amount of our donation. ='I. PaulGaden Vice President/Chief Operating Officer ."P IFIVA Akx�m 2606 Hospital Boulevard I Corpus Christ I TX 78405 Tel 361.902.4000 1 Fax 361.902.4949 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of Aug 20, 2013 Second Reading Ordinance for the City Council Meeting of Aug 27, 2013 DATE: 8/2/2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR @cctexas.com 361- 826 -7203 Amending Chapter 19, Code of Ordinances regarding Food and Food Establishments CAPTION: Ordinance amending Chapter 19, Code of Ordinances, regarding Food and Food Establishments; Article I. Sanitation Regulations for all Food Establishments Article V. Frozen Desserts; and Article VI. State of Texas, Department of Health, Rules on Food Service Sanitation and Rules on Retail Food Store Sanitation, allowing for updates to current practices; providing for penalties; providing for severance; and providing for publication. PURPOSE: The Corpus Christi Nueces County Public Health District is proposing to amend Chapter 19, Code of Ordinances and provide an update to current practice. BACKGROUND AND FINDINGS: Some Food and Food Establishment definitions, regulations and processes have changed over the course of several years. Updating current practices allows for a more up -to -date and efficient ordinance. We are requesting amendment to Chapter 19, Code of Ordinance throughout Article 1. Sanitation Regulations for all Food Establishments; Article V. Frozen Desserts; and Article VI. State of Texas, Department of Health, Rules on Food Service Sanitation and Rules on Retail Food Store Sanitation, to update definitions; remove all sections pertaining to Placards remove all sections pertaining to Frozen Desserts; and update title, definition and rules pertaining to Texas Department of State Health Services, Texas Food Establishment Rules (TFER). ALTERNATIVES: Without these updates, Chapter 19, Code of Ordinances, regarding Food and Food Establishments will stay in affect. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for acceptance of this Ordinance EMERGENCY INON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Corpus Christi - Nueces County Public Health District Legal INANCIAL IMPACT: ❑ Operating o Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered Expended Amount This item BALANCE Fund(s): Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Chapter 19, Code of Ordinances, City of Corpus Christi, regarding Food and Food Establishments; providing for penalties, providing for severance; and prodding for publication. Section 1. Chapter 19, Code of Ordinances, City of Corpus Christi, entitled "Food and Food Establishments" is amended to read as follows: Chapter 19 FOOD AND FOOD ESTABLISHMENTS ARTICLE 1. SANITATION REGULATIONS FOR ALL FOOD ESTABLISHMENTS Sec. 19 -1. Definitions. The following definitions apply in the interpretation and enforcement of this chapter: Gity health offfnermeans the Ilirentar of Publin Health er t DiFB6tOF Of Public Health's Clearly visible means posted in the front window of the food establishment within five (5) feet of the front door, posted in a display case mounted on the outside front wall of the food establishment within five (5) feet of the front door, or posted in a location as directed and determined in the discretion of the olty health officer to ensure proper notice to the general public and to patrons. Fard-,4 AAarliaf rpeans a market which has been nortified by the Texas Department of Agrini itr rre a} whin_h vendors are engage44 4414e retail sales of fresh fru, ,�oge}ohlec r eggs an ther items as a permitted by local, Farmer's Market means a desicinated location used primarily for distribution and sale directly to consumers of food by farmers and other „producers_ . Food establishment means any place where food is prepared and intended for individual portion service, including the site at which individual portions are provided, regardless of whether consumption is on or off the premise and whether there is a charge for the food. The term does not include private homes where food is prepared or served for individual family consumption; a private group preparing and serving food for its own consumption; food vending machines; and supply vehicles. Health officer means the -DiresteFefPublic , - Health Local Health Authority or the Local Health Authority's designee or the niter health effiGer` ,high terms may be used interahangeahly and includes any assistants, deputies, inspectors, sanitarians, or other official representatives of the department of public health. Health permit means a permit to be provided to each food establishment, such as a food service establishment, temporary food service establishment, food processing establishment, retail food store, or mobile food unit upon payment of the applicable fee and compliance with the inspection requirements and provisions stated in this chapter prior to commencement or continuation of the food operation. Inspection report means the written results of a routine inspection conducted by a health officer of a food establishment in the city. 1p6peGien_ results placard means a r a rritten-denirmnnt Issue r? ap4_nosted by a health offinnr ra rhiah provides to the pub Ii fer flen+ennerning the ipspeeti$rr_ report and ro #in establishment for Whinh it is issr r84. Local health authority means the physician engaged under contract with the City of Corpus Christi and Nueces County to perform services for the Nueces County, City of Corpus Christi Public Health District. in the capacity of the appointed local health authority as the specific term and duties are defined under State law including but not limited to Chapter 921 of the Texas Health and Safety Code. Permanent fixed -site .food establishment means a structure or portion of a structure in which is located a non - mobile, non- temporary, food service establishment such as a restaurant or delicatessen for which a health permit has been issued. Rating score means the numerical percentage result of a routine inspection of a food establishment as reported on the inspection report. Routine inspection means a periodic, unannounced inspection of a food establishment conducted by a health officer in order to determine compliance with applicable federal, state, and local laws, ordinances, rules, regulations, and directives relating to public health, safety, and sanitation. A routine inspection does not mean an inspection conducted by a health officer to determine compliance with a previously issued inspection report or any interim inspection conducted to determine compliance with specific laws, rules, regulations, or directives applicable to food establishments. Seeondary P R4 no aR inspection of a feed establishment GeR y health 8ffi%o to determine whether the Fesults of n report nu ppert suspension of a current fnsp f a pFevieusly posted iRspeGtion results pla sari (Ord. No. 20085, § 1, 11 -24 -1987; Ord. No. 21084, §§ 1, 2, 2 -19 -1991; Ord, No. 025909, § 1, 8 -24- 2004; Ord. No. 029892 §1, 05 -14 -2013) Sec. 19 -2. Applicability of article. This article shall apply to every business of any kind known or described as a food establishment and all similar businesses handling or having to do with food, wholesale or retail. This article shall apply to every room used for the purposes of any business in keeping, storing, manufacturing, preparing, handling, distributing, selling, serving or offering for sale any food, whether raw or cooked, or otherwise prepared, or any liquid intended as food or drink for human beings whether of an alcoholic or nonalcoholic nature; and also, to all the fixtures, furniture, receptacles, utensils, machinery, implements and other things used within or without any place of business for the purposes of any such business. This article shall also apply to all persons owning or conducting or employed in or about any food establishment, and each business, room, place, matter and thing herein mentioned or referred to shall be respectively governed, managed, conducted, constructed, arranged, equipped and cared for in accordance with this chapter. However, this article shall not apply to Farmer's, Markets except as provided in Sec. 19-17 below. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -3. inspections generally. (a) Acting under the authority of the city effacer Local Health Authority, a health officer or any department of the city or the city council, for the purpose of protecting the public health and enforcing this article, are hereby authorized and directed at any time, when inspections may be deemed proper, to enter any food establishment in the city, or, in cooperation with the county, without the city, and each room, place, premises, vehicle or appurtenance used in connection with such establishment to make a complete inspection of such establishment and all machinery, equipment, furniture, fixtures and things found therein; and also, to make a thorough inspection and examination of all food and other things found therein which are used or kept for the purposes of such business. Such inspectors are also authorized and directed to stop and inspect within the city, or, by permission of the county, without the city, any wagon or vehicle which appears to be used for the purpose of transporting or delivering any food and such inspector shall also be authorized to require, and the person in charge of any such business place or vehicle shall furnish to the inspector, such proper samples as he may demand for making any tests of such food; provided, however, no inspector shall be authorized to enter any guest room of any hotel at any time when his presence might disturb or annoy any guest when present in such room. (b) No person shall interfere with or refuse to permit any such health officer or inspector to make any inspection hereby authorized. If any person shall refuse permission or bar or obstruct such inspection, then any license, permit or certificate issued by the CRY for such business shall become subject to revocation and shall become null and void on written order of the city health officer. (c) Every person who owns, manages, or conducts any food establishment, and each agent or employee of such person, shall answer truly each question and render such information and assistance, and give such written statements or certificates as may be used or required by the health officer or any inspector for the purpose of facilitating any inspection or examination under the provisions of this section, and, upon request of such officer, shall exhibit to such officer and permit him to examine any license, permit or certificate relating to such business, and also any bill or delivery ticket evidencing the purchase or delivery of any food, showing the name of the person from whom the same was had or purchased. (Ord. No. 20085, § 1, 11 -24 -1987) See. 19-3.1. inspection resul #c IaGard. (a) A health officer_chall i IIe an insnnclinn Fesults placard following the cemnletieR eTgre (v �2) FG -tine inenentions of a_necma nent fiver] site food establishment if the rating sreFe ef th art establishmenF meets or exceeds a Fa.ting srere of at least ninety (901) t' I anti gritinal yielalinnsnAted -en4l4G inch ection reports for thefirrt and serend insnnntinns Ih(b ) For purposes ef the issuance of an inspection FeSU tSnlacnrr! .a feed establishment that nnhleye .-. ratio SGeFO Of ,A in e.,.hsnntinr. (a) of this section shall be a rrled a letter grade of "N' on the _incnectiap_ce ullas pl-aeaFd (c �sppeet4on i:e6 ilts placard musts sha name and addi:ess of the food establishment for which it is iss e,44e approximately night and ene- half es her eleven (11) i�`,.in size, incl�FOlude a ,"Aber ryradeT4 �dinate the `late of the most recent_ routine ''_'iJnspertion, a RWR the signatyite of the issuing health effGer-. (r1) - f IAen i ra i.anGe of an insnnntion results planar lth effinnr shall post the inspection resa J#s PlaGaFd at the feed establishment se 26 W 198 GleaFly visible te the general pub!'G and to patr eRtern the feed establishment SJ .G o. rr9-3.a 2. Term; "r- eis.LJuanGe; suspension and remBVa.I_, (a) __An!nceeetien ran.efts placard issued for a feed e hmeRt remains; l-id-u Gem letes Ihn --- insnnrtinn n 8 PaWGU1ag8ed-establishment d establishments li alth Hermit Is ordered s usnendert n (b) fl fort establichme�Fffh. s a rating . } sGernnpty (90) er above �e ritheut any GFM violations not R4-he insnnntien report upon nnmplation of the next reutine inspnnfien fellewing the n results p! .a meets the Fequirnments of subnnatien 49 1i (6) in the even! that a fnnr7 establishment aGhieyes a rating nnnrrn of eighty five (86) to ei`vhly nine (&9) without any Grotic;al violations #mod- -GR the —;;, e in tinn fnllnv,ing the in uanGe n e&tf7"1 f an insnention results nlaoard the health officer m�1eeE roc- Ea�zn,[r�vr —i'an �-$ � cendi Gting the inspection shall sr spend the i�eaaene of a - airrnnt inspection results nlaeard re me,.e the inspection result6 placard previously posted for the food establishment, and inform the ownerlmanager that the food establishment is eligible for a secondary inspection. id in the anent that a food estab FBGRt a rating mere of eightyfeur (84) or below ,open eeMPlelaen of any routine issuanoo et pest' g e �nnntinn resultr n aGarri the health nffiner nr.R��'R Ue and remev th��'nn results h' � �revin,isly pested fe d estab went that achieves a rating S69re of� ur (rev rj vr--balew --ER et-84ole4er aa--°scnovRrJ inspoGtien. SreG.9- 3.3. SeGondary i speCfFAn-. fT. T. WTZM1. 4lf,: l.:7�T�S:GSS:tiT7:LT.E7:�1:TS.T. TSB}. T.l �Tdi1L �: 1GTZ1Tll 1: :Rol.T:�f1:T:►.T��4ST.l.Tm".1R1 U*1WWOM1 inspection, ON. ON i 1.4111111 02 (G) Upon the conclusion of a secondary the health officer conducting the inspention aiall determine whether,, or not the result of the rn,itine inspection report rd the issuance and posting of an inspections results placard (d) if, upon the GORGIUSOOn of !he SGGGRElary inspeotien, the health AGor determines that the results of the routine OnE;peGt;en roport do not supper! the suspension of a wrrent iRSPOGUE)n results plaGard and Me removal of a previously posted iRSPOotion results plaGard, the health officer shall issue and pnot n current inspeefPen results placard for the fond establishment (e) if, upon the cehol aef the s eendap. insp A -4he-health ff;cer__determines_that_ the results of the routine inspection re.. eFt SepgBtt-C he LtRj„RSpeefie°- results nlaearrl and the removal of the previously posted iRGpe n re�+„Ito - aE;ar a health r.fficnr shall _ r Ire the incnantinp "F' �r�rf- ,rcaanrrP ',.,t,,„ c- r�cC�riTrO�rrv�r- r -r ,.Its placard p ,..I.. r,esterE�at'C'tt° f•,e- rvvvtic-- sstablis4meRt, Ifl� in _meLlemm3 fhn rhaferr. jR `at1E) . fWeWfln fhe Gep1p�eWn of th eopFi innr_incnection the health officer .al�,aFe ..rhpther er per -riot the -e urrFe rice- e"h'fA " "enc_Mad_ in_ the _routine inspection rennrf was beyan��r,7., t�.h�aaeeebte GE) t -Hf Fr-h��fe'4°Fftn �, �fn�POa_ GSf��Ah��c�hment such -as e poweF#r7f RUFe -OF water s e4age%ci�e�CiiitCel t e$wper eF or an ant of nature such a afleed, (1) The occurrence of a violation determined by the health officer to ha Beta- bey-eed- tie reasonable ol t conrol of the owner/manager of the food establishment nuns tns reosr.nahlo grounds to support the issuance and posting of a current Inspection results plaGaF4, (2) T e 9GGU e6e e a 9jp&pe.}enrepert that is delermined to hair-. beets hell " " �w�►eF{m aeageF € POR the Ge in -&peetion must be noted by the health officer in a s, innlemenfapi reneFt. rr. Tr�ar� ivz�ir ■ra>E:is��r.��ir■� ■Z.�i 5 See. +111..4 4. Revocation of inspection results pi .�if d-. 711 I�'.1lST- 1SS�S:L'Si:'1MT.l. R I I R Way-Torr R pat R Sec. 19-3.5. Renaltle'r. (}1 N"erseR may remove, obsc„re, or deface an iricnen 1GR results nlnnnrd posted by a health off c ,"', " tip' �hibitian_ contained in this subsection Aces ria }_.�nply fn a government nffininl ae�e�,nde� proper autherity in the peFfarmanGe Y f i,n eptal_ °rrrc� dutn°-.-.sa� ��'�L' 9— c`r -rcc� (b) Ne- pew °o - may display or have posted at a fond establishment an inspeGUen ne6 6IFr. lar'aFd_ not prepedy issued by a health officer in accordance With section 19 3 (c�iof lation Af A revisien e rani_tatiGR. Any e, --,n fner� violation R 14_4 may he punished liar a firm not to GXGGGd liars ($2,0000.00). E=ach day a vielafieR of any provision Of 6eGtIGn44-3 +eUGG Ge RgGtituten a separate vielatinn• (d) A vielation of any le the person had an intent fr..riel to th" Q.i 3ierreF_ ( nl G nl:�nrmit a feed esfnhlishrr. ant to deviate from the Fequirements of this chapter or allow a feed establishment to fail to adhere te all federal, 1 ! state, and laoaj laws, ordinances, rules, , rid— ci+reefiVe rappt+cablete -nth e operation of fee establishments in this nitif Sec. 19 -4. Examination of food samples. Any person preparing, manufacturing, selling or offering for sale any food product shall permit samples of a reasonable quantity of any such food product and of any material used in the manufacture thereof to be taken for examination, inspection or analysis by the health officer. it shall be unlawful for any person to prevent, resist or forcibly oppose the taking of any such sample by the health officer. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -5. Condemnation of food. When the health officer, any inspector or other person charged with the duties of inspecting food finds any food, whether animal or vegetable and of whatsoever nature, which is unfit for human food by reason of being adulterated, tainted, diseased, fermented, decayed, or otherwise unwholesome or unclean, or the use, keeping or sale of which is prohibited by this chapter or any other ordinance of the city or law or regulations of the state, he shall promptly condemn the same and the owner, manager or person in charge of the same shall thereupon immediately and in the presence of the inspector destroy such food, unless such owner, manager or other person shall notify such inspector of his desire to appeal. Such destruction of food shall be effected by slashing or otherwise separating the substance of the same, after which it shall be immediately saturated with a chemical compound as may be approved by the health officer; provided, however, that in case such owner, manager or other person in charge of such food shall desire to appeal from the judgment of any such officer, such owner, manager or other person shall immediately transport such food to such place as the officer may designate or approve, and shall there store such food. The health officer, the city chemist and b^�°°°l^ ^«F if designated by the df , the µ444lIVIVL�IV L, If UVVIl�11U1{"l4LTJ�TfC�pT['p healt er health district lab manager or designated representative will submit t,he, sample to Department of State Health Services Consumer Micro-Biology Division and then shall promptly, on the written request of such owner, or may on his own motion, make a further inspection and examination of such food, and the judgment of the city health officer or the judgment of such other officer who may make such examination shall be final and conclusive. If such judgment is that the food shall be condemned, the same shall be immediately destroyed as aforesaid or in such manner as the health officer may direct. If such judgment is that the food should not be condemned, the owner may remove the same again to his place of business, but he shall not otherwise do so. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -6. Examination of food before sale. No person who owns, manages or is in charge of any food establishment shall expose for sale, offer for sale, prepare, deliver or serve to any other person any food, or permit the same to be done, without first examining the same to see whether it is fresh and wholesome food. This section shall not be deemed to require the examination of goods enclosed in an original package and sold or delivered unopened, except when the exterior of the package indicates spoilage or contamination. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -7. Sale, etc., of diseased, decayed, etc., products. No person who owns, manages or is in charge of any food establishment shall have or permit to be kept or used at any time in or about any room or place or vehicle used in connection with such business, shall expose, offer for sale, or shall sell, prepare, deliver or serve to any person in any part of the city any food of any animal nature or any fruit, vegetable or other thing or substance ordinarily used for human food, which is diseased, fermented or decaying or otherwise unwholesome or unclean or which contains any dangerous or unsafe drug, preservative or adulterate. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -8. Maintenance of premises generally. (a) The entire yard and premises occupied by a food establishment shall at all times be kept in a clean and sanitary condition and free from filth, exposed refuse or garbage and free from trash and rubbish. (b) Every operator of a drive -in restaurant or eating place shall keep the premises of such establishment free of paper and trash of any nature so as to prevent the same from blowing into the streets of the city or onto any other properly. (c) In addition to the specific requirements of this article, all parts of a food establishment and all equipment and other things contained therein shall be well washed or scrubbed as often as may be necessary to maintain cleanliness. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -9. Sidewalk or street displays. The sidewalk or street display of aey-artfsle -ef food by a food establishment is hereby prohibited. 7 (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -10. Sidewalk or street sales. It shall be unlawful for any person to peddle, sell or offer for sale food along or upon any public street, sidewalk, alley or other public place in the city unless a health permit has been granted pursuant to some ordinance specifically authorizing such permit. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -11. Delivery vehicles. All vehicles, wagons and carts used by any food establishment for delivering or transporting any food from one part of the city to another shall be kept in a clean and sanitary condition and all food shall always be carried in good closed containers or wrappings. Meat in large pieces or wholesale quantities must be enclosed or completely and securely wrapped in clean solid white material. The interior of the bed or box of each such vehicle shall have substantial and smooth lining or surface of sheet metal, constructed so that the same shall have no cracks, recesses or projections, and the same shall be constantly kept free from all foul and decaying substances. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -12. Removal of scraps, refuse, etc., from streets and adjacent premises. The owner or manager of every food establishment shall keep the streets and premises adjacent to the food establishment free from all scraps, refuse and litter accumulating on account of the business conducted at the food establishment or dropped or left by customers of the establishment. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -13. General regulations relative to employees. No employee or other person shall sit or lie upon any table, refrigerator, show case, counter, shelf or any equipment intended or designed to hold, carry, store, prepare or serve food or drink. (Ord. No. 20085, § 1, 11 -24 -1987) Sec, 19 -14. Use of premises for other occupations or businesses. No person owning or managing any food establishment shall permit and no other person shall conduct in any such place any other occupation or business, if the same is of a nature or is conducted in a manner whereby food may be exposed to any unsanitary conditions or pollution. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -15. Animals and fowl prohibited; exception. (a) No live animal or fowl shall be allowed in any food establishment nor shall the operator, which includes for the purposes of this section, an owner, officer, manager, or other person in charge of the food establishment, keep or maintain any animal or fowl within thirty -five (35) feet of any door, window, ventilator or other opening in such establishment unless an exception is provided for in this section or a variance is obtained in accordance with this section to allow dogs in outdoor dining areas. (b) No food establishment may be operated within five hundred (500) feet of an existing commercial animal establishment, animal hospital, or veterinary hospital that houses animals. (c) Exception: This section shall not apply to any seeing -eye dog used to assist a blind person. (d) Exception: Subsection (b) of this section does not apply to circus, rodeo, temporary petting zoo, or temporary performing animal exhibition or a vendor. (e) lawfully existing food establishments and food establishments in newly annexed area. Where any existing food establishment is situated within less than five hundred (500) feet of an existing, appropriately licensed or permitted commercial animal establishment, animal hospital, or veterinary hospital that houses animals either within the city or at a location outside the city limits, which location becomes a part of and within the boundaries of the incorporated area of the city by annexation, the distance limitation in subsection (b) of this section does not apply for a period of five (5) years from and after the passage of this amended section or the date of annexation, respectively. Extensions of this exemption may be obtained for successive five -year periods by applying for and obtaining an inspection certificate from the city health officer certifying to the existence of sanitary conditions of the premises and neighboring premises. (f) Variance for food establishments seeking to allow dogs in outdoor dining areas. (1) A food establishment may apply to the local health officer for a variance of subsection (a) of this section for the purpose of allowing dogs in outdoor dining areas of the food establishment. The application for variance must be accompanied by a nonrefundable application fee of fifty ($50.00) dollars. A food establishment requesting a variance must provide the following information to the local health officer who may grant a variance if in the opinion of the health officer a health hazard will not result from the variance. if the local health officer grants a variance, the health authority shall retain the information in its records. a. A statement that the food establishment requests a variance from §19 -15 (a) of the Code of Ordinances, City of Corpus Christi, for the purpose of allowing dogs in outdoor dining areas of the food establishment; b. A description of how potential health hazards will be prevented if the variance is granted. (2) The fee for a variance certificate evidencing the variance granted under this section is fifty ($50.00) dollars, which must be paid prior to the issuance of the variance certificate and may be renewed annually by a food establishment upon payment of an annual fee. The variance certificate is nontransferable and will be valid for one (1) year ending December 31, unless sooner revoked or suspended by the local health officer or terminated by the food establishment. (3) If pursuant to this section the local health officer grants a variance to subsection (a) of this section for the purpose of allowing dogs in an outdoor dining area of a food establishment, the food establishment shall comply with the following conditions and standards in addition to any other conditions and standards established by the Health Officer for the variance: a. No dog may be present inside the food establishment or on any playground area of the food establishment at any time. b. A separate entrance must be provided from the outside of the food establishment to the outdoor dining area or patio (hereafter "patio ") so that a dog will have direct access to the patio without entering the interior of the food establishment or any playground area of the food establishment. A dog on an outdoor patio may not be allowed within seven (7) E feet of any entrance to the interior of the food establishment, except when necessary to enter or exit the patio. c. A sign must be posted at the front entrance of the food establishment so that it is easily visible to the public. The sign must state: "DOG FRIENDLY PATIO. (with an arrow showing the direction to the patio entrance) DOG ACCESS ONLY THROUGH PATIO AREA." d. Doors equipped with self- closing devices must be provided at all entrances to the outdoor patio from the interior of the food establishment. e. No food preparation may be performed in the outdoor patio area. f. The food establishment shall have hand sanitizer available at or near all entrances and exits to the establishment; and bags for dog waste available at or near all entrances and exits to the outdoor patio area. g. The outdoor patio must be continuously maintained free of visible dog hair, dog dander, and other dog - related waste or debris. The outdoor patio must be cleaned with animal friendly chemicals at the beginning of each shift during which food or beverages will be served (breakfast, lunch, dinner, or late- hours), or, if a food establishment has continuous food or beverage service without designated shifts, then every six (6) hours that the establishment is open for business, except that cleaning under this subsection is not required if no dog has been present on the outdoor patio since the last cleaning. Waste created from a dog's bodily functions must be cleaned up by the dog owner and/or customer with dog on patio immediately after each occurrence. All dog waste must be disposed of outside of the food establishment in an appropriate waste receptacle. Equipment used to clean the outdoor patio must be kept outside of the food establishment. h. While on duty, food establishment staff may not pet or have contact with any dog. i. A dog must be kept on a leash and remain in the control of the customer while in the outdoor patio area. The dog must be currently vaccinated for rabies and wearing a collar or harness with a current license tag attached to it. j. A dog is not allowed on a seat, table, countertop, or similar surface in the outdoor patio area. k. A dog is not allowed to have contact with any dishes or utensils used for food service or preparation at the food establishment. I. A dog may be fed doggie treats, doggie biscuits and edible treats while in the outdoor patio area and may be given treats, biscuits or water in a disposable container or from a container provided by the customer. (4) An operator, which includes for purposes of this section, owner, officer, manager, or other person in charge of a food establishment commits an offense if he, either personally or through an employee or agent, violates, allows a violation of, or fails to comply with a term or condition of a variance granted under this section. 10 (5) A food establishment granted a variance under this section shall comply with all other applicable federal, and state laws and regulations including the Texas Food Establishment Rules, and the local provisions of this chapter and the Code of Ordinances of the City of Corpus Christi." (Ord. No. 20085, § 1, 11 -24 -1987; Ord. No. 24569, § 1, 8 -28 -2001; Ord. No. 029834, § 1 5 -21 -2013) Sec. 19 -16. Temporary food service establishments. (a) Food and drink sources. All food and drink served from or in a temporary food establishment must be prepared, bottled and packaged in an approved permitted food establishment. (b) Condiments. All condiments served from or in a temporary food establishment such as mustard, catsup, sugar or like items shall be in individual containers, or dispensers approved by the health officer. (c) Health permit. It shall be unlawful for any person to in any way or manner engage in, conduct, or operate any temporary food service establishment without a health permit iR Waitron to do so from the health officer* and without complying with all of the requirements of this section as well as the applicable requirements of all of the provisions of the city ordinances and Code; or to use or attempt to use any eating or drinking utensil for service to a customer other than one -time service ( "throwaway ") food and drink utensils or any food or drink utensil which has ever been used or which has in any way become contaminated. Such permit shall state the period of time for which it is issued and shall never be valid for any period longer than fourteen (14) consecutive days. (Ord. No. 20085, § 1, 11.24 -1987) Sec. 19 -17. Farmer's Markets. (a) A farmer's market shall he certified by the Tex department of Agriculture and shall comply with all local, state and federal laws and regulations. (b) If shall be unlawful for any farmer's market vendor or peddler to sell the goods or products listed at subsection (c) of this section without first obtaining an annual health permit in writing to do so from the health officer, and without complying with all of the requirements of this section as well as the applicable requirements of all the provisions of the city ordinances and Code. The permit fee for a farmer's market vendor or peddler operating under this section is fifty dollars ($50.00), which must be paid prior to the issuance of the required permit and will be valid for one (1) year ending December 31, unless sooner revoked or suspended due to violation. The permit issued under this section is valid for the sale of the permitted good or product at multiple farmers' markets. "(c) In addition to obtaining a permit in accordance with the standards set out in subsection (b) of this section, a farmers market vendor or peddler engaged in the sale of the following goods or products shall comply with all provisions specific to the sale of said good or product, as follows: (1) Eggs. A farmer, egg producer, peddler or vendor that sells eggs directly to the consumer at a farmer's market shall: a. Label the eggs with the farmer's and /or egg producer's name and address and label the eggs as "ungraded "; b. Maintain the eggs at an ambient air temperature of forty -five (45) degrees Fahrenheit or less, and prevent eggs from contacting ice or water; 11 c. Transport the eggs using any mode of transportation that is clean and free of material that may adulterate any food products; d. Upon request of the health officer, provide proof of permit at all times in any farmers market location. (d) Compliance with the provisions of this section shall not be construed to authorize any activity in violation of any other ordinance of the city. (Ord. No. 029829, § 2, 5 -14 -2013) Sec. 19 -18. Mobile and temporary fixed -site food establishments. (a) Peddler's vehicles, etc.; generally. All vehicles, carts, stands, water craft, and other devices used for peddling or vending food or beverages, and all the contents thereof shall be kept in a wholesome and sanitary condition; and no person owning, using or driving any such mobile or temporary fixed - site food establishment, or vending or peddling food or beverages in any form afoot, shall permit the same to contain any unwholesome, fermenting or decaying fruit, vegetables or other food or food products. The contents of each such container vehicle, or device, shall be securely covered and protected from flies, insects, and dirt by clean and sound wire screens of not less than sixteen (16) mesh to the inch or by some other means approved by the health officer. No such food and beverage vendor or peddler shall sell or offer any merchandise of any description in the city, without first having obtained the permits as required by this Code and other ordinances of the city pertaining to the particular activity engaged in or type of commodity sought to be sold. (b) Health permit. Before any person may operate any mobile or temporary fixed -site food establishment regulated hereby, such mobile or temporary fixed -site peddling or vending unit must be initially inspected by the health officer and a health permit applied for and granted for the operation of such vending unit. Every operator of such a unit must attend a two -hour food handier's class. TThe- permit foe for e unit operating under this section is fifty d--'L----: ($C� wp#OF, to issuance of the required permit. Permit fee must be paid prior to the issuance of the required ep rmit. Mobile and removable units shall be presented for such initial inspection at the health department Water craft units shall be initially inspected on -site at the Corpus Christi marina upon the request of the vendor. (c) Fresh seafood vendors and peddlers; standards. In addition to other applicable health and sanitation provisions in this chapter, all vendors and peddlers of fresh seafood, which shall include, but not be limited to, marine fish, saltwater fish, or shellfish from mobile or temporary fixed -site units shall comply with the following standards: (1) Seafood supply: Seafood shall be in sound condition, free from spoilage, filth or other type of contamination and shall be safe for human consumption. (2) Seafood storage: Seafood shall be stored in a sanitized (using chlorine solution) container with sufficient effective insulation and ice or refrigerant to provide and maintain a product temperature of forty -five (45) degrees Fahrenheit, or below at all times except during the necessary periods of transfer to the customer. Ice shall be obtained from an approved source. The container must be in sound condition and must remain in an enclosed area at least eighteen (18) inches off the ground or as otherwise approved by the health officer. (3) Waste disposal: A holding tank of at least five - gallon capacity must be provided for liquid waste. (The holding tank may be an ice chest used solely for this purpose.) (4) Construction of peddling or vending unit: Except for watercraft units utilized by persons in the trade as commercial fisherman licensed by the Texas Parks and Wildlife Department, all units must be completely enclosed, with tight - fitting, self - closing doors. The enclosed area may be screened or covered to prevent entry of flies. The interior surface must be in good condition, not rusty, with floors made of nonabsorbent material. 12 (5) Equipment and utensils: The following equipment and utensils shall be required: At least one (1) five - gallon container filled with water from an approved source to be used for handwashing, appropriately labeled; a container for holding fluid for sanitizing hands, appropriately labeled; single service towels; and one spray bottle of acceptable sanitizing agent for use with scale. Alternative equipment and utensils may be permitted subject to approval of the health officer. (d) Crab, lobster, crayfish, • sold live. In addition to other applicable provisions in this section, peddlers and vendors of fresh crab, lobster, or crayfish shall keep, maintain and sell such seafood alive. (e) Effect of compliance. Compliance with the provisions of this section shall not be construed to authorize any activity in violation of any other ordinance of the city. (f) Penalty for violations, citation. Persons violating this section shall be subject to a fine of not less than one hundred dollars ($100.00) for each violation. In addition to any other action taken to correct improper handling of food, a health officer, police officer or park or- marina - ranger code enforcement official may issue any person selling food or beverages in violation of this section a notice of violation and summons to appear in municipal court in answer to such charge. This notice shall provide a space thereon for the party charged to waive trial on the merits and enter a plea of guilty or nolo contendere. In the event the party desires to enter a plea of not guilty, such person may obtain a trial setting from the clerk of the municipal court. Notwithstanding any other provision of this subsection, persons charged with violation may, after entering a plea of guilty or nolo contendere in the space provided, pay a fine in the amount of one hundred dollars ($100.00), for each such violation, to the clerk of the municipal court within ten (10) days. Each occasion that an individual is found selling food or beverages in violation of this section will constitute a separate offense. (Ord. No. 20085, § 1, 11 -24 -1987; Ord. No. 20226, § 1, 3 -1 -1988; Ord. No. 029829, § 2, 5 -14 -2013) Sec. 19 -19. Sale of food after warning from health officer. Upon failure of any person maintaining or operating a food establishment, after warning, to comply with any of the requirements of this article, it shall be the duty of the health officer to summarily forbid the further sale or serving of food therein. Any person continuing to sell or serve food after being so forbidden shall be subject to the penalties provided for the violations of this chapter as for a separate offense. The health officer may issue as many warnings under this section as he deems necessary and each sale after each such warning shall be deemed a separate offense. The sit-y health officer shall, upon written request, hear the party's proof of compliance or request to resume food sale and service no later than 5:00 p.m. on the next working day following receipt of such hearing request. It shall be the duty of the party, subject of the order, to give written notice of compliance to the s14y health officer. For purposes of hearing, work days shall be Monday through Friday. (Ord. No. 20085, § 1, 11 -24 -1987, Ord. No. 029829, § 2, 5 -14 -2013) Sec. 19 -20. Interference with health officer. No person shall willfully hinder or obstruct the health officer in the exercise of the powers conferred upon him/her by this article. Such hindrance or obstruction shall be grounds for revocation of a permit issued under this article. (Ord. No. 20085, § 1, 11 -24 -9987; Ord. No. 029829, § 2, 5 -14 -2013) Secs. 19- 21-19 -27. Reserved. 1.3 DIVISION 2. HEALTH PERMIT Sec. 19 -28. Required. It shall be unlawful for any person to in any way or manner engage in, conduct or operate any food service, temporary food service, food processing establishment, retail food store or mobile food unit without a health permit in writing to do so from the health officer. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -29. Prerequisite to issuance of license. No license required by any provision of this Code or other ordinance of the city shall be issued to any person owning or operating a food service, temporary food service, food processing establishment, retail food store or mobile food unit which is required to have a health permit under this division unless the permit shall have first been granted by the health officer. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -30. Application. Each applicant for a health permit required under this chapter shall file with the health officer a written application therefor, which shall state the name and address of the applicant, a description, by street and number or other appropriate designation, of the location of the establishment for which a health permit is sought and such other information as may be required by the health officer. (Ord. No. 20085, § 1, 11 -24 -9987) Sec. 19 -31. Health permit and certificate not required for certain vending machines. The certificate of occupancy and health permit shall not be required for vending machines approved by the health officer which, when a coin is inserted, automatically dispenses soft drinks, coffee or tea which is bottled, canned, or in a sanitary paper cup, or candy, chewing gum, nut meats, cookies or crackers which are in a sealed sanitary wrapper; provided that no product so dispensed is readily perishable. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -32. Certificate of occupancy prerequisite to issuance. No health permit shall be issued under the provisions of this division unless the applicant therefor has secured from the building inspections department a certificate of occupancy for the food service, temporary food service or food processing establishment for which the permit is sought. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -33. Issuance; fee. (a) If, after investigation and the consideration of any application filed under this division and all proper matters in connection therewith, it shall appear to the health officer that the statements made in the application are true, that the food service, temporary food service, food processing establishment, retail food store or mobile food unit and all equipment and vehicles used in connection therewith conform to the requirements of this article and other laws and ordinances applicable thereto and that 14 the applicant has complied with all the provisions of this article and other laws and ordinances regulating such business, the health officer shall grant the permit applied for. When any health permit is issued as provided in this section, the health officer shall immediately forward the original thereof to the applicant and keep a duplicate on file in his/her office. (b) Prior to the issuance of a health permit, the applicant shall pay a fee according to the following schedule: Food service or food processing establishments: Having one hundred one (101) or more employees .....$780.00 Having fifty -one (51) to one hundred (100) employees .....630.00 Having twenty -six (26) to fifty (50) employees .....480.00 Having ten (10) to twenty -five (25) employees .....330.00 Having one (1) to nine (9) employees .....205.00 Temporary food service establishments, initial day .....35.00 Temporary food service establishments, each additional day .....15.00 Temporary food service establishments, late fee, if application is not filed within five (5) days of an event .....70.00 Retail food stores .....85.00 Mobile units .....100.00 F=FezeR desseFts�80 Farmer's market egg vendor permit .....50.00 Late fee .....25.00 Follow -up inspection fee ......50.00 (1) No fee will be charged for a food service operation conducted by a taxing authority, such as a school district, whether local, state or federal. (2) For permanent establishments, the fee shall be reduced by twenty -five (25) per cent if the permit is issued in April, May, or June; by fifty (50) per cent if the permit is issued in duly, August, or September, and seventy -five (75) per cent if the permit is issued in October, November or December. The minimum fee shall be twenty-five dollars ($25.00). (Ord. No. 20085, § 1, 11 -24 -1987; Ord, No. 20460, § 1, 9- 20- 1988; Ord. No. 21207, § 1, 8 -6 -1991; Ord. No. 22298, § 1, 7 -25 -1995; Ord. No. 23014, § 1, 7 -29 -1997; Ord. No. 025869, § 3, 7 -27 -2004; Ord. No. 026902, § 2, 7 -25 -2006, Ord. No .029$29, § 3, 5 -14 -2013) Sec. 19 -34. Posting. Each health permit issued under this division and all certificates pertinent thereto shall be at all times kept posted and displayed in a place conspicuous to the public in or about the food service, temporary food service, food processing establishment, retail food store or mobile food unit. Inspection sheets must be kept on the premises to be produced upon request of the health officer. 15 (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -35. Term. A health permit or other permit issued under this chapter shall, except as otherwise stated herein, be valid for the calendar year ending December 31, unless sooner revoked or suspended as provided in this article. Water craft unit health permits shall be valid for one (1) year from date of issuance. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -36. Expiration and renewal. Each health permit or other permit issued under this chapter shall automatically expire on December 31 next following its issuance, except as otherwise stated herein. Such permit shall also automatically expire if the holder thereof changes the location of his place of business, sells, transfers equity, or otherwise disposes of such business or materially changes the character of such business. Upon the expiration of a health permit, and within seven (7) days thereafter, the person conducting the business shall apply for and obtain a renewal thereof in the same manner as an original health permit is applied for and obtained, he wishes to continue operating the business. Failure by an establishment to pay this fee within seven (7) days will require such establishment to pay an additional twenty -five dollars ($25.00) late fee. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -37. Suspension or revocation -- Generally. Except as otherwise provided herein, the e4y health officer shall have and is hereby given the power and authority to suspend or revoke any health permit or other permit issued under this chapter, at his/her discretion, upon proof to his/her satisfaction of any violation by the holder of the permit of this article or other law or ordinance applicable thereto. Anyone who operates or conducts his /her business in the city when his /her permit has been suspended or revoked shall be guilty of a violation of the provisions of this article. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -38. Same — Reinstatement. Any person whose health permit or other permit issued under this chapter has been revoked or suspended may, at any time, make application for reinstatement of the permit. Within one (1) week after the receipt of a satisfactory application accompanied by a written statement signed by the applicant to the effect that the defects for which the permit was revoked or suspended have been corrected, the health officer shall make a reinspection and, thereafter, as many reinspections as necessary to assure himself/ herself that the applicant is complying with the requirements of this article. In case his /her findings indicate compliance with this article, the city health officer shall reinstate the permit. (Ord. No. 20085, § 1, 11 -24 -1987) 16 Sec. 19 -39. Inspection procedures for establishments with scores which exceed thirty demerits on regular inspections. The following is the procedure to be followed by the s+ty health officer regarding food establishments with scores which exceed thirty (30) demerits earned on any regular inspection during a twelve -month period. (a) Regular inspection scoring in excess of thirty (30) demerits: (1) Any inspector who conducts an inspection which results in a score which exceeds thirty (30) demerits will be in charge of the disposition of that inspection. (2) The establishment will have a follow -up inspection within forty -eight (48) hours. All four - and five- point rated items must be corrected at that time. A score will not be given for a follow -up inspection. The establishment must pay a fifty deNar{W.W follow -up inspection fee. (3) Failure to comply will result in a meeting of with the direeter of environmental health manager, the inspector, the certified manager and/or the owner. This meeting may result in the revocation of the food manager's, food handler's, and health permits. (4) A second follow -up inspection will be made within ten (10) days. If all deficiencies have not been corrected, a meeting shall be scheduled with the food seNinnn adyinnnr nnmmittee environmental health manager. The attendance of the certified manager and /or owner at such a meeting shall be mandatory. The establishment must pay a fifty dollar ($504.q follow -up inspection fee. (5) Following the meeting with the fed seFyiee adviseFy Gemmittee environmental health manager, a third follow -up inspection will be made within ten (10) days of such meeting. The establishment must pay a fifty dellaF ($6G40-) follow -up inspection fee. A failure of this inspection may result in the suspension or revocation of all permits issued by the city /county health department. (6) At the r7innr n» of the dire :r. a nertified manager be required to meet with the feed senrine o6' +er-y GGMM!tteO. (b) Second regular inspection scoring in excess of thirty (30) demerits: (1) If a second regular inspection of the establishment results in scores which exceed thirty (30) demerits during a twelve -month period, a meeting consisting of the digester G environmental health mans er, the inspector, the certified manager and /or owner of the establishment will be called. This meeting may result in the revocation of the food managers' and food handlers' permits. (2) The establishment will be re- inspected within forty -eight (48) hours. The establishment must pay a refollow -up_ inspection fee. All four- and five -point rated items must be corrected. No rating will be given for a follow -up inspection. (3) FailUF8 to eornply iei�$w-�ip- ii.eien� ri I Irrrri i�cilti --•ern ' ra- a- my °ctinpeFC;- tt18a- vc�viar adViSeFy }t } } 7 (c) Third regular inspection scoring in excess of thirty (30) demerits: (1) A third regular inspection that results in a score in excess of thirty (30) demerits during a twelve -month period constitutes a health threat and will subject the establishment to suspension of its health permit for twenty -four (24) to seventy -two (72) hours by the health officer. The food manager's permit may be suspended also. (d) Procedures for re- opening: The establishment may reopen on approval by the cty health officer after a written statement from the establishment has been received stating that all of the four - and five -point rated items have been corrected, and such corrections have been verified by the health officer. 17 (Ord. No. 20085, § 1, 11 -24 -1987; Ord. No. 21084, § 3, 2 -19 -1991; Ord. No. 23537, § 1, 1 -19 -1999; Ord. No. 25398, § 3, 7 -22 -2003) Sec. 19 -40. Imminent health hazard. Violations constituting an imminent health hazard shall be corrected immediately, and failure to make immediate compliance shall require the health officer to forbid the further sale or serving of food by, on, or from the subject food establishment for a period of not less than twenty -four (24) hours. Procedures for lifting such an order shall be the same as those procedures set forth in sestieR 49 18 Section 19 -39 !d). (Ord. No. 20085, § 1, 11 -24 -1987; Ord. No. 21084, § 4, 2 -19 -1991) Sec. 19 -41. Permits for establishments located outside city. It shall be unlawful for any person to bring into the city for sale or delivery, or to sell or deliver, or to offer to sell or deliver within the city, any food not approved by the United States government or other appropriate governmental agency, produced, handled or manufactured in any food service or food processing establishment conducted within the County of Nueces or any contiguous county, but without the confines of the city, unless the person owning or conducting the food service or food processing establishment shall first apply in writing to the health department for inspection by the health officer, or under his direction, of the plant, rooms and premises and all places and things and substances used for the purposes of such business or operation, both within and without the city. Such applicant shall produce evidence to the satisfaction of the health officer that the business in question and all operations thereof conducted within or without the city are managed and conducted in all respects in the same manner and under the same conditions and with the same safeguards as are specified and required in this Code and other ordinances of the city. If the health officer is satisfied that the operations of such business are being conducted as aforesaid, then he/she shall issue to the applicant a health permit to sell and deliver such food within the city, but if the person making such application shall thereafter at any time hinder or refuse to permit such inspection, and interrogation as is provided by this article for food service or food processing establishments conducted within the city, or if it is found at any time that the applicant is not observing and complying with this article or other ordinances of the city, relating to the manufacture, handling or production of food or that such operations are not being conducted under the same conditions and with the same safeguards as therein required, then and thereupon it shall be the duty of the city health officer to revoke the permit and to forward by registered mail or personal service to such person, notice of such revocation. This section shall not be deemed to require food service or food processing establishments located outside the city to have connections with the water supply or sewers of the city, but other corresponding means shall be used and provided whereby an ample supply of good water under pressure and sanitary disposal of sewage and slops by means of sewers shall be effected in a manner corresponding to that required by this article, all of which shall be done and provided to the satisfaction of the health officer. (Ord. No. 20085, § 1, 11 -24 -1987) WV Secs. 19- 42- 19 -48. Reserved. DIVISION 3. FOOD HANDLING CERTIFICATION Sec. 19 -49. Certification. (a) Certification: All employees of food service, temporary food service, food processing establishments or mobile food units must obtain food handling certification before beginning to work. A minimum of two (2) hours of food sanitation training for each employee is required every two (2) years, if the tamnleyee is working under a hr�eallth/�(p�e�ffniit issued .- F after August 1 2006 to ensure emn pe� of ife1 duties In a000raiGe with seQ i6e sanitation ordinances _rules and regulatiens. This training shall be an approved health department course. A fee of ten dollars ($10.00) will be charged for each food handier permit issued by the health department. A food handler's permit shall be valid for a period of three (3) yeam, if -issued prier to August 4, 290-6 --and €er two (2) years from date of issuance, if itea oe gFaner August 1, 2006, unless said permit is sooner revoked by the cry health officer. (b) Revocation: If inadequate hygienic performances are demonstrated by the employee and such unsatisfactory performances are a result of material violations of food service sanitation ordinances, rules or regulations, the city health officer may revoke the food handler's permit. (c) Food handler certification: Training may be conducted by the permitted food manager of the establishment maintaining an inspection rating of eighty (80) or above on approval by the health department. (d) Posting: Each food handler permit shall be at all times kept posted, filed or otherwise readily available for viewing by a health officer. (Ord. No. 20085, § 1, 11 -24 -1987; Ord. No. 21084, § 5, 2 -19 -1991; Ord. No. 22298, § 2, 7 -25 -1995; Ord. No. 25398, § 1, 7 -22 -2003; Ord. No. 026902, § 3, 7 -25 -2006) Secs. 19- 50- 19 -52. Reserved. DIVISION 4. FOOD MANAGER'S PERMIT Sec. 19 -53. Required. Each food service, temporary food service, food processing establishment or mobile food unit shall have during all hours of operation at least one (1) person on the premises in charge of the operation who has a valid food manager's permit. This requirement shall not apply to retail food stores, roadside markets that offer only fresh fruits and vegetables for sale, or food vending machines. (Ord. No. 20085, § 1, 11 -24-1987) Sec. 19 -54. Issuance. (a) A food manager's permit shall be issued to any person who has a valid food manager's certificate issued by any state, municipality, agency or school of instruction whose program of certification has been approved by a health officer. The certificate shall provide evidence that the applicant attended 19 and satisfactorily completed a course of instruction. Such course shall include, as a minimum, not less than fifteen (15) hours of training, the contents of which cover minimum essential knowledge of safe food handling practices, the biological basis of food borne infection and transmission, the safe preparation, handling and storage of food by all employees found in food service operations. The permit shall be of a form designed by the health department and shall remain the property of the health department to be returned to the health department if revoked. A graduate of an institution of higher education who has completed all requirements for an associate or higher degree in hotel and restaurant management may be issued a permit without taking the food manager's course upon providing satisfactory proof of graduation from an approved school. A dietitian currently registered by the-A.D.A. and licensed by the Texas State Board of Examiners of Dietitians may be issued a permit without taking the food manager's course upon providing satisfactory proof of current licensure and registration. (b) A fee of fifteen dollars ($15.00) will be charged for each food manager's permit issued by the health department. (Ord. No. 20085, § 1, 11 -24 -1987; Ord. No. 21084, § 6, 2 -19 -1991; Ord. No. 22298, § 3, 7 -25 -1995; Ord. No. 25398, § 2, 7 -22 -2003; Ord. No. 026902, § 4, 7 -25 -2006) Sec. 19 -55. Term. A food manager's permit shall be valid for a period of three (3) two 2 years from the date of course completion, unless said permit is sooner revoked by the city health officer as described in section 19 -57. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -56. Renewal. A food manager's permit shall be valid for a period of two (2) years from the date of course completion, unless said permit is sooner revoked by the efty health officer as described in section 19 -57. The continuing education requirement of this section shall not apply to dieticians currently registered by the A.D.A. and licensed by the Texas State Board of Examiners of Dietitians. (Ord. No. 20085, § 1, 11 -24 -1987; Ord. No. 21084, § 7, 2 -19 -1991; Ord. No. 026902, § 5, 7 -25 -2006) Sec. 19 -57. Revocation. The city health officer may revoke or suspend the food manager's permit of the food manager who is in charge or supposed to be in charge of the operation, for unsatisfactory performance of the respective food service establishment, food processing establishment or mobile food unit, and such unsatisfactory performance is a result of a material violation of food service sanitation ordinances, rules or regulations. The city health officer may revoke a food manager's permit after giving written notice to the permittee, sent or delivered to the address or location of the food establishment and an opportunity for a meeting to review violations with health officer. er that of the permittee and after aff ^rdong the errnittee an (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -58. Penalty for violation; Class C misdemeanors. The violation of any provision of this chapter shall be subject to prosecution as a Class C misdemeanor, with a maximum fine of one thousand dollars ($1,000.00) and each day of continuing violation shall constitute a separate offense, subject to minimum fine requirements of other sections of this chapter. 20 (Ord. No. 20085, § 1, 11 -24 -1987; Ord. No. 21084, § 8, 2 -19 -1991) Secs. 19- 59- 19 -64. Reserved. DIVISION 5. FOOD SERVICE ADVISORY BOARD Sec. 19 -65. Established; composition; duties; terms. A food service advisory council shall be appointed by the city council and shall consist of four (4) local food managers from the food service or food processing industries and three (3) persons from the community.at large. The food advisory council members will appoint the chairperson. The functions of the board will be to advise the director of health on applications ef ps GhapteF, ,eoiew - -- the- PeFmes annrunlly ..n. .e..ris_UFe_, the cost of the nrnrrram i� retrurried to the eit.� anrt to nnnrlr ethearingg_n,rrs„ant to the ... ,, { uy � ,,,, `' ^,� may,,.,. y`.,., �.,.,�. , `"' II'' sestfans� relating to revocations. The .se iG dvisop,l- GOU Gil shall, nor hearing, make ikn � =[ oSto the city health effiner whetheFti _to _re4n�J r suspend a food m .i..ger's permit _ pursuant tG 6eGPG'-o..AQ-&7 and 19 39, or Y other reGemmnr, dations to the Gity food and food establishment concerns within the community. Members of the board shall be appointed for staggered terms so that at least one industry representative and one (1) community member are reappointed each year. No voting member may serve more than two (2) terms or three (3) years each with the exception of those initially appointed for less than a full three -year term. (Ord. No. 20085, § 1, 11 -24 -1987; Ord. No. 23048, § 1, 8 -26 -1 997) Secs. 19 -66- 19.69. Reserved. ARTICLES II -1V. RESERVED Secs. 19- 70- 19 -99. Reserved. ARTICLE V. FROZEN DESSERTS � �iRi1I ■ = ire The fall definitions shall apply to the inteFpreta Fin and enf nt of this ak Average bacterial plate neunt and nuns ,e n�Urnt nF all_he taker, to mean th �" vcR ' cc'rrnr- -lam ��i$r8"""N... v u e-lr_,rvor�thimivn average e n n m � tin a { „re shall l-� n tl arithm t4G average ihe_respeatiye results of the lost four (4 an separate days-. 41 Cl�,l -1 QL', , ohrne used to nrodune a frozen er4 -erg t-he-prarnis_ a of a_,permitted food FfleRt- 21 Frozet? Gfeooerf A froxen dessert in .-. which Consists of —Pl- -. ��enf�pp_of egg products, and/or nr�tPin base - preddsts _ This shall �innl,rAe inn nream frozen yogurt, Y and other similar preduGt&. (a) it 6 F manner operate r i nonfer freeze Rdlor freeze N for frozen_ desserts r uithnt_it_4_nermit in wrifing to Ae se from the heaths -. nffinnr rmif may hn suspended by -4h health nffinnr or rn�rnLn� R�r for a e r� crTVcQ -vp ire. nihz rcaltl4 o hearmg by the Gilts health nffinnr, r rnon the Vie Ltien by the holder of anr� of the term f this a� ar t14f� �r u 4 � � a.a Any persGR whose permit has been s„saendeed may, arr Limn make Q . Q of the permit. F,nPGn_rnnnint of n nntinfa + eRsion is the rnon � �7 E;ase N r unsatisfactory g temperature Tthe health nffrner shall take � n t the rate of nn ere than two (2) samples per eek._The G.ikr health of 'Gel- shall reissue the l whenever the a Temp of the last four fA\ sample results _ind Gates the neGessary n alianGe (G) in ease the susp the violation of aRy item of the snenifinafions nresnribed in Chapter IP— eettheF than __bante0al nnnditien -or w,eling temperature._ 44a application roust be- aGGOmnaninrl by a statement signer) by the annlioant to the effect that the vielated item her. been ... ��Na..i ,�a..0 4r 4 statement ��r ne (1) week of the reneiral of nr rah ar+n4eaiinn and ctatnm ent the health office shall make i an thereafter as many dditional % as he may deem her-self that the aranlinant is again s being with the requirements, and, , ems+ e the findings indieate eemnlianno e renni i helche shall in ther 1' p-p t n E V. . !!• , 5 9 t! Sec. 19-102. Testing of lei Samples of frozen desserts and/or Ing be tested the health re standards Ex minatien -may _inGlede such ether "'� .`. ents may as often as rurnts_ shall he made in nnnfnrmit., nhnmina yer nets ��e+ tGri��rrctcrei�ts-- off'G@r may with the late-f the health 1�}e- ii- [G""- 1- iGCt1tF7 offmc;er may-4eem- necessary for the ea names of all r. 1 2A 001 ! ! ! ■ s L II�TJ2�\ _ ■ ! ! � ! � 22 The permit fee feF GGunter freezers and or freezers fer frozen desseFt shall be sixty dellars ($60.00) per-year r 24 r1987) Sec. 19-105. FeE,_ €$r r-e hi mention of Frozen dessert w�.�Ghines vV•. V.1 VI I Ar fee of fifty dollars ! @50-- charged fer eeeh re inns f in8lt3df lga seft nerve inn eream m ehine ARTICLE VI. STATE OF- TEXAS, - DEPARTMENT OF HEALTH, RULES ES ON FOOD SERVICE SANITATION AND RULES ON RETAIL FOOD STORE SANITATION- TEXAS DEPARTMENT OF STATE HEALTH SERVICES; TEXAS FOOD ESTABLISHMENT RULES TFER Sec. 19 -112. Rules on food establishment service sanitation. The "Texas Food Establishment Rules" "Rules ," adopted by the Texas Beams e - klealt# Never +be -80; 1Q71 , efferflve March 1, 1 , Texas Department of State Health Services effective March 15 2006 and as such rules may from time to time be amended by the s Beard-- ef-HeaWTexas Department of State Health, a copy of which is on file in the city secretary's office, are hereby adopted and incorporated into the Code of Ordinances as fully as if copied verbatim herein. (Ord. No. 20085, § 1, 11 -24 -1987) Sec. 19 -113. Rules on retail frarad store sanit ation ""�Rule'r3 e � pted by the Texas Board of LJ..., ithAugust 17, , 4 986, and as E;u h Pe in the_elty secretary's effien are hereby . dep . the 13 ted and jnGGFPeFated Into the de. -ef Ordinaries as of Ge pled - verbatim heroin. Sec. 19 -114. Most stringent requirements to govern conflict. In the case of any conflict between the Code of Ordinances, Chapter 19, Articles I through V, and the "Rules en Food Service Sanitation" all "Rules on Retail FGed Stere -anit� atio T "Texas Food Establishment Rules" as adopted in sections 19 -112 and 49 the more stringent provisions, shall govern. (Ord. No. 20085, § 1, 11 -24 -1987) 23 Section 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable in accordance with Chapter 19, specifically Section 19 -58 and any other applicable provision of the Code of Ordinances, City of Corpus Christi. Section 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance takes effect upon publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 1 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Rlojas 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 , 24 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 0 AGENDA MEMORANDUM N�okPaapl4o Future Item for the City Council Meeting of August 20, 2013 xs�2 Action item for the City Council Meeting of August 27, 2013 DATE: 8 -6 -13 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health Annetter@cctexas.com 361- 826 -7203 Amending the Reformation of the Cooperative Agreement to Operate a Public Health District to adopt a new pay plan CAPTION: Ordinance to authorize the City Manager to execute amendment to the Reformation of the Cooperative Agreement to Operate a Public Health District to adopt new pay plan for the employees assigned to the Corpus Christi - Nueces County Health District. PURPOSE: The City of Corpus Christi and Nueces County mutually desire to amend Attachment 2 of the existing Agreement and associated attachments to the terms and conditions to include the revisions set out in this document. BACKGROUND AND FINDINGS: The City of Corpus Christi and Nueces County entered into a Cooperative Agreement to operate a Public Health District, which created the City of Corpus Christi- Nueces County Texas Public Health District and the City of Corpus Christi and Nueces County are now members of the Health District. Under this agreement the city employees and county employees are considered Health District Employees. The City of Corpus Christi and Nueces County provide resources to operate the Health District, such as staff, equipment, supplies, software, etc. Future changes to the Pay Plan or Health District employee pay adjustments, to include general pay increases or pay range structure movements, are established or modified by mutual and written agreement between the City Manager and County Judge to ensure pay adjustments for each Health District member are consistent and are subject to final approval by the governing bodies of the City and County. Now, therefore, the parties desire to amend the Agreement to revise the Pay Plan for the employees assigned to the District. ALTERNATIVES: Leave Health District Pay Plan as is OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required to approve amending the Reformation of Cooperative Agreement EMERGENCY I NON-EMERGENCY: Non - emergency DEPARTMENTALCLEARANCES: Health District Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2013- 20144 Project to Date Expenditures CIP only Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): Comments: There is no fiscal impact for amend the Reformation of the Cooperative Agreement RECOMMENDATION: Staff recommends approval of amending Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance Attachment 2 Reformation of Cooperative Agreement Ordinance to authorize the City Manager to execute amendment to the Reformation of the Cooperative Agreement to Operate a Public Health District to adopt new pay plan for the employees assigned to the Corpus Christi — Nueces County Health District. Section 1. The City Manager is authorized to execute an amendment to the Reformation of the Cooperative Agreement to Operate a Public Health District to adopt new pay plans for the employees assigned to the Corpus Christi — Nueces County Health District. A copy of the amendment is on file in the office of the City Secretary. Section 2. This ordinance takes effect upon date of final City Council approval. 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 The State of Texas § County of Nueces § REFORMATION OF-THE - - - - -- -- COOPERATIVE AGREEMENT_ T TO OPERATE A PUBLIC HEALTH DISTRICT WHEREAS, former Article 4436b of the Revised Civil Statutes of Texas, also known as the "Local Public Health Reorganization Act, authorizes the establishment of public health districts in order to operate and promote effective local public health programs within a consistent and flexible framework through cooperative agreement of counties and incorporated municipalities situated therein; WHEREAS, the City of Corpus Christi and Nueces County, Texas, have previously entered into a cooperative agreement pursuant to prior State law for the cooperative administration of local public health programs; WHEREAS, the Local Public Health Reorganization Act provided for the reorganization of the City- County Health Unit under Article IV of the Act; WHEREAS, by majority vote of the Commissioners' Court of Nueces County, Texas, and by majority vote of the City Council of the City of Corpus Christi, Texas, the Corpus Christi- Nueces County Public Health District (the "Health District") was established; WHEREAS, the Public Health District established by the parties under the Act, such Act now codified as Chapter 121 of the Texas Health and Safety Code, has operated continuously without interruption under the existing cooperative agreement; and WHEREAS, by majority vote of each of the members of the Health District, the cooperative agreement to establish the Health District is hereby reformed in writing, as set out In this instrument, as a written modification of the existing agreement under revised terms and conditions. ARTICLE I Section 1. Parties to the Agreement. (A) This agreement ( "Agreement ") is entered into between Nueces County, Texas (also referred to as the "County "), and the City of Corpus Christi, Texas (also referred to as the "City "), as the original Health District members. (B) The representatives of the original members shall be the City Manager of the City 2009 -146 County Judge of Nueces County. 04/21/09 Res. 028130 Nuece's County, Texas (C) The parties hereby agree to operate the Health District covering the areas within the corporate limits of the City of Corpus Christi and Nueces County. (D) The parties agreed, through a Memorandum of Understanding (the "MOU ") cuted an September 11 -2008, to develop a plan (the "Plana) to accomplish one -- unified Health District personnel policy, purchasing policy, and other operating pro- cedures as set out in the goals of the MOU, attached to this Agreement as Attachment "A" and which is incorporated by reference in this Agreement as if set out in full. (E) The parties agreed and approved the Plan prepared in accordance with the Intent of the MOU, such Plan being entitled "Terms and Conditions," attached to this Agreement as Attachment "B," and incorporated by reference In this Agreement as if set out in full. The Terms and Conditions may be modified by the members from time to time in accordance with the provisions of this Agreement regarding modification. ARTICLE II Section 1.__ Organizational Structure. (A) This Agreement shall continue the previous activities and organization of the Corpus Christi - Nueces County Department of Public Health and the current activities of the Health District. (B) The City and County employees performing the governmental functions of the Health District under this Agreement are considered Health District employees. A copy of the organizational structure of the Health District is attached to this Agreement as Attachment "C" and is Incorporated by reference in this Agreement as if set out in full. Section 2. Health District Activities. (A) The Health District employees shall carry out public health activities for which funding may be approved including, but not limited to: (1) Clinical public health activities for maternal and child health, family, planning, communicable disease control including immunization, sexually transmitted disease, tuberculosis control, and epidemiologic investigation of reportable diseases, chronic disease prevention, and other programs to prevent and minimize diseases of public health significance; (2) Environmental health programs for prevention of diseases spread by food, prevention of diseases spread by insects (mosquito control), provision of potable water, disposal of putrescible wastes, and prevention of pollution of air, water and air affecting the residents of the Health District; and (3) Provision of necessary administrative support. and health promotion activities including, but not limited to laboratory services, vital statistics and data collection, budgeting, and personnel activities necessary to carry out items 1 and 2 above. Health Dist Trans Agmt Final Reformed Master 20090410 (3) (3) Page 2 of 6 (B) In addition to the above- referenced general activities, the Health District employees will perform other special activities financially supported by members of the Health District. Financial Administration. (A) The members of the Health District may provide such local funds as they may deem necessary which, with State and other funds, will be used to operate the Health District, (B) The members of the Health District shall comply with the Terms and Conditions set out in Attachment B in the administration of the Health District. ARTICLE IV Modification of Cooperative Agreement. This Agreement, including the attached Terms and Conditions, may be modified by appropriate notification and written agreement of each of the member representatives with the approval of the governing bodies of each member. ARTICLE V Section.1.. Admission of New Members. Additional governmental entities may request membership in the Health District, for the purpose of receiving public health services, by application to the representatives of the original members. Additional members shall contribute financially to the operation of the Health District in relation to the cost of provision of services for that new member. Section 2. Withdrawal from Health District. Members may.withdraw from the Health District upon not less than 90 days written notice to all other members, with the understanding that all services provided to the withdrawing member as the result of membership in the Health District shall cease to that member. Section 3. Ex ulsion from Health District. Members may be expelled from membership in the Health District by agreement of the original members of the Health District. Prior to such expulsion, the affected party shall be given reasonable opportunity to correct the action leading to such expulsion. Health Dist Trans Agmt Flnal Reformed Master 20080410 (3) (3) Page 3 of 6 Section 4. Dissolution of Health District. The Health District may be dissolved by joint agreement of Nueces County and the City of Corpus Christi. ARTICLE VI Health District Director. (A) The Health District Director shall be hired by the members of the Health District paying the salary for said Health District Director and shall serve at the pleasure of the members of the Health District paying the salary of said Health District Director. (B) The Health District Director may be hired to serve as both the Health Authority for the Health District and as the director of the Health District or may be hired to serve only as the director of the Health District. (C) If the Health District Director is hired to serve as both the director and Health Authority, the Health District Director shall be a physician that meets the requirements of the State Board of Health and shall reside in the Health District. (D) If the Health District Director is not hired to serve as the Health Authority for the Health District, the Health District shall also independently hire a person to serve as the Health Authority for the Health District as an independent contractor. The Health Authority shall be a physician that meets the requirements of the State Board of Health and shall reside in the Health District. (E) In the event a separate Health Authority is hired, the Health District shall pay the Health Authority by contract approved and executed by both members of the Health District. The County will reimburse the City 50% of the contract cost. ARTICLE VII Adviso Public Health Board. The members of the Health District may, by separate intergovernmental agreement, establish or continue an Advisory Public Health Board, but the intent of this Agreement is that all authority shall rest with the governmental members of the Health District, the Health Authority, and as provided by State law. ARTICLE VIII Filing of A reement and Modifications. A copy of this Agreement, including its attachments and counterparts, and any subsequent modifications shall be included in the minutes of the governing body of each member of the Health District and filed with the county clerk of each member county, Health Dlst Trans Agmt f=inal Reformed Master 20090410 (3) (3) Page 4 of 6 the city secretary of each member municipality, and the Texas Department of State Health Services. ARTICLE IX Effective date of Agreement. Following the approval of the governing body of each member and execution by the designated representative of each memb r, the reformed Agreement shall supersede the existing agreement and take effect , 2009. (EXECUTION PAGE FOLLOWS) Health Dist Trans Agml Final Reformed Master 200OD410 (3) (3) Page 6 of 6 Executed this { day of ATTEST: W'U�j a Diana Barrera County Clerk APPROVED as to farm: ak-) pf -)lz4r our Garza- Jimenez County Attorney ATTEST: Armando Chapa City Secretary APPROVED as to form: Mary Kay Fischer, City Attorney E#iza th Hundi y Ass! ant City Attorney 1 ! APRL L Q 2 QS NUECES COUNTY, TEXAS ON 20 +. ..: CITY OF CORPUS CHRISTI, TEXAS `A el . Escobar Ci Manager re 1r COUNMI. ..;Z1 :w UCKT ay Health Dlst Trans ggmt Final Reformed Master 20090410 (3) (3) Page 0 of 6 Attachment "All &10 9-6 ts-s - 10 MBMORANDUM OF UNDERSTANDING WHBRBRAS, the City of Corpus Christi (the "City') and Nueces County (the "County ") entered into a Cooperative Agreement To Operate A Public Health District, executed July 31, 1.984, (01e "A.BMIn nt ") which created the City of Corpus Chrled-Nacces County Texas Public Health District (the "Health District'); and WHEREAS, the City of Corpus Christi and MOM County are members of the Health District. Each provide resources to operate the Health District, such as stall, equipment, supplies, software, etc; and WHE"AS, city employees and county employees providing the governmental functions of the Health District under the Agreement are considered Health District Employees; and WINRBAS, the City and County have operated the Health District continuously since July 31, 1984; and WHEREAS, the Health District's mission statement is to prevent disease and disability, maintain a healthy environment, promote healthy lifestyle, thereby, increasing the quality and length of life, striving towards health and well -bed of the community, achieving access to preventive health services for all Nam County residents; and MIBRBAS, it is envisioned that increased operational efficiencies may be attained tinrough organizational and policy changes which would result in the Health District functioning under one unified Health District personnel policy, purchasing policy, and other operating procedures. NO 07 the City and the County agree to di�roct their respective staffs to worklointly to develop aml present to the City and the County within 90 -days it detailed plan to accomplish the following: 1. Develop a single Pay Schedule for all Health District employees to be used by both the City payroll and County payroll in compensating their respective employees. 2. Place all 14calth District employees under the City's current policy for annual accrual and use of paid -dune -off (vacation, sick days, holidays, ftaneral leave, personal days). 3. place all Health District employees under the City's ttaval policy, including mileage reimbursement rate and per diem rates. 4. Develop a unified Health District employee incentive program to include service awards and lhsta Bucks awards for excellence in service. 20094" 09/090 Ices. 02'849 Nueces County 5.. Place the purchasing function for the entire Health District under the City's Purchasing Department. 6. Transfer one (1) County Sanitarian position and one (1) County Sanitarian inspector position hom the County's payroll and employment to the City's payroll and employment. The City sitail retain all inspection foe revenues collected for inspections within the City and the Health Distriot shall retain all Inspection five revenues fbr inspections in the unincorporated areas of the County. The Health District shall continue to provide inspection services to the unincorporated areas of the County. 7. The City and the County shall share in Amding salary anal benefits of the Director and Assistant Director of Public Health Administration positions at the percentage of 600A City and 40% County. The Director shall be hired by and report to the City IVlanager and the County dodge. The Assistant Director shall be hired by the Director with the concurrence of the City Manager and the County Judges. The Assistant Director shall report to the Director. S. Tine city employee benefits and County employee benefits including Retirement, Health lasurance, Ufa Insurance, flexible Benefit, Deferred Compensation and other Benefit Plans dwAl remain unohaWd. 9. The City and County Animal Control and Vector Control operations and policies shall ron Wn unchanged. - 10. Either the City or the County may apply for and implement a Grant on behalf of the Health District. touted this , day of o2008. �J �% ON, W% L, 1 T. Herrera, County APPROVED; a &!i1n!i1zCoun L, NUBCES COUNTY, TEXAS Samuel L. a 1, Jr., Ca ud ArrEST: Armando ChgM APPROVED: 214,aL -- Mat y F Q r, ity Attormy CITY OF CORPUS C USTI, TBXAS (Interim) fit► piUlMAt�....Q��;�.Q� 'Km kb� ATTACHMENT "B" TERMS AND CONDITIONS OF THE REFORMED COOPERATIVE AGREEMENT NUECES COUNTY AND THE CITY OF CORPUS CHRISTI REGARDING THE CITY/COUNTY HEALTH DISTRICT THE TERMS AND CONDITIONS SPECIFIED IN THIS DOCUMENT (REFERRED TO AS "TERMS AND CONDITIONS ") ARE INCORPORATED BY REFERENCE IN THE REFORMED COOPERATIVE AGREEMENT EXECUTED BY NUECES COUNTY ( "COUNTY ") AND THE CITY OF CORPUS CHRISTI ( "CITY ") ON AMi I /6"412009, AS MEMBERS OF THE HEALTH DISTRICT. THESE TERMS AND CONDITIONS MAY BE MODIFIED BY THE CITY AND COUNTY FROM TIME TO TIME IN THE MANNER SET OUT IN THE COOPERATIVE AGREEMENT. A. DEVELOP A SINGLE PAY SCHEDULE FOR ALL HEALTH DISTRICT EMPLOYEES TO BE USED BY BOTH CITY PAYROLL AND COUNTY PAYROLL IN COMPENSATING THE HEALTH DISTRICT EMPLOYEES. (MOU Item 1) 1. Existing City (27) and County (22) Health District positions were reviewed, compared (see Attachment "1," entitled "Health District Job Title and Pay Grade Assignment," which is attached to these Terms and Conditions and incorporated In this document as if set out in full), and matched for placement in the Health District combined pay plan ( "Pay Plan "), which Pay Plan is attached to these Terms and Conditions as Attachment "2" and incorporated in this document as if set out in full. City and County representatives working on the Pay Plan project have agreed on the results of such review. 2. Job titles have been consolidated or created to provide consistency between the City and County; see Attachment 1". Health District—Terms & Conditions Page 1 of 14 3. The Pay Plan was developed, as agreed in the original Memorandum of Understanding ( "MOU ") dated September 11, 2008, based upon the City's existing pay plan structures. City and County representatives working on the Pay Plan project have agreed on the implementation of the Pay Plan. a. Future changes to the Pay Plan or Health District employee pay adjustments, to include general pay increases or pay range structure movements, shall be established or modified by mutual and written agreement between the City Manager and County Judge to ensure pay adjustments for each Health District member are consistent, subject to final approval by the governing bodies of the City and County. b. The County does not have a performance appraisal merit pay system. In the event of future City merit pay Increases, utilizing the City's performance appraisal process, the pay increase for any Health District employee shall be by mutual and written agreement between the City Manager and County Judge to ensure pay adjustments for each Health District member are consistent, subject to final approval by the governing bodies of the City and County. c. Future policy and ordinance changes approved by the City Manager or the City Council, respectively, shall be implemented for all City employees except Health District employees until such changes are mutually agreed by the City Manager and the County Judge, subject to final approval by the governing bodies of the City and County, unless mandated by State or federal law, rules, or regulations. d. Future pay changes made by the County Commissioners' Court shall be Implemented for all County employees except Health District employees until mutually agreed by the City Manager and the County Judge, subject to final approval by the governing bodies of the City and County, unless mandated by State or federal law, rules, or regulations. Health District —Terms & Conditions Page 2 of 14 4. The County shall increase pay for the one (1) Lab Technician position, whose current pay, prior to implementation of these Terms and Conditions, is below the Pay Plan minimum pay. 5. The City and County are presently on different biweekly pay schedules and work weeks, and this condition shall continue by both members without change. 6. The County administers a longevity pay program for County employees; the City does not currently have a longevity pay program. This condition will continue as follows: a. The County has determined that the existing seven (7) County employees assigned to the Health District that are currently eligible for longevity pay shall receive an adjustment to their base rate, to incorporate the longevity pay benefit, and will no longer be eligible to receive the annual longevity pay benefit. b. The County has determined that for the twelve (12) County employees, with years of service greater than one (1) year yet less than ten (10) years, who by their years of service are not eligible to receive longevity pay, shall receive a prorated amount of longevity pay incorporated into their hourly base rate and will not be eligible to receive the annual longevity pay benefit. 7. The County shall adopt, for County employees assigned to the Health District, the City's policies and practices regarding pay and pay adjustments as outlined In the City's policy HR 4.0-- Classification and Compensation ( "HR 4.0 Policy "). a. Changes to the Health District Job Title and Pay Grade Assignment (Attachment "I"), with respect to the review of a new or existing job position, shall follow the City's job evaluation process. b. Salary assignments and pay practices associated with new hires, promotions, demotions, lateral transfers, part time and temporary positions, return to work from leave of absences, position classification changes, and other pay changes, Health District—Terms & Conditions Page 3 of 14 as stated in the HR 4.0 Polley, shall be complied with by the County as noted in the City's HR 4.4 Policy and as amended in compliance with future City ordinance changes or as changed in policy by the City Manager, subject to the implementation provisions of A.3.c. of these Terms and Conditions.. B. ACCRUAL AND USE OF PAID - TIME -OFF (VACATION, SICK DAYS, HOLIDAYS, FUNERAL LEAVE, PERSONAL DAYS) (MOU Item 2) 1. The County shall adopt, for County employees assigned to the Health District, the City's programs pertaining to holidays, bereavement leave, and personal leave. a. The County shall adopt the City's seven (7) holidays, as such holidays are specified In City Ordinance. b. The County shall adopt the City's bereavement leave provisions, as such bereavement leave provisions are specified in City Ordinance. The City presently provides twenty -four (24) hours of bereavement leave. c. The County shall adopt the City's personal leave provisions, as such personal leave provisions are specified in City Ordinance. The City presently provides forty (40) personal leave hours on August 1St of each fiscal year. Personal leave time must be expended prior to July 15t" each year, no carryover of personal leave time into the next fiscal year is allowed. For purposes of this subsection, the County's current fiscal year will apply to the calculation of personal leave time for County employees. Personal leave time granted to County employees will be pro-rated concurrent with the implementation date of the underlying Cooperative Agreement and these Terms and Conditions. 2. The County shall continue to follow existing County programs pertaining to accrual of vacation and sick leave for County employees assigned to the Health District. Health District Terms & Conditions Page 4 of 14 3. The City shall continue to follow existing City programs pertaining to accrual of vacation and sick leave for City employees assigned to the Health District, as outlined In City Ordinance. C. PLACE ALL HEALTH DISTRICT EMPLOYEES UNDER THE CITY'S TRAVEL POLICY, INCLUDING USAGE OF THE MILEAGE REIMBURSEMENT RATE AND PER DIEM RATES. (MOU Item 3) 1. The County shall adopt, for.-the County employees assigned to the Health District, the City's policies regarding travel and mileage reimbursement. 2. The County shall reimburse the City, based upon the rates established in the City's policies, for all travel and mileage reimbursement incurred by any County employee assigned to the Health District. 3. The City shall establish vendor numbers for each County employee assigned to the Health District, to be used to pay travel and mileage reimbursement per City policy. 4. The City shall notify the County when a change is made to the City's travel and mileage reimbursement policy and when the mileage reimbursement rate changes. D. DEVELOP A UNIFIED HEALTH DISTRICT EMPLOYEE INCENTIVE PROGRAM TO INCLUDE SERVICE AWARDS AND INSTABUCKS AWARDS FOR EXCELLENCE IN SERVICE. (MOU Item 4) 1. The County shall, for County employees assigned to the Health District, adopt the City's InstaBucks Program. Such instaBucks Program payments are taxable income to employees and shall be paid by the County through its payroll system. 2. The County shall, for County employees assigned to the Health District, adopt the City's Continuous Learning Recognition Program. The County will reimburse one Health District —Terms & Conditions Page 5 of 14 I I I I hundred percent (100 %) of the cost of any such award presented to a County employee assigned to the Health District. 3. The County shall, for County employees assigned to the Health District, adopt the City's Service Award Program and will develop, acquire, and coordinate such service award recognition for any County employee assigned to the Health District. 4. The County shall, for County employees assigned to the Health District, adopt the City's Retirement Award Program and will administer such program. Payments of such awards are taxable income to employees and shall be paid by the County through its payroll system. E. PLACE THE PURCHASING FUNCTION FOR THE ENTIRE HEALTH DISTRICT UNDER THE CITY'S PURCHASING DIVISION. (MOU Item 5) 1. The Purchasing functions will be administered by the Purchasing Division of the City's Financial Services Department as follows: a. The City shall follow all Federal and State statutes applicable to purchases made for the benefit of the Health District. b. The City shall follow all City purchasing policies when processing purchases for the benefit of the Health District. c. The County shall provide the City with the County's department numbers. Additionally, the County shall provide to the City new department numbers for new grant years and for new grants. d. The City shall set up several new department numbers to be assigned to the County, which department numbers will be used by the City to request reimbursements. The selection of these new department numbers will be mutually agreed upon by the City and County within 10 business days of the Health District—Terms & Conditions Page 0 of 14 implementation of the underlying Cooperative Agreement and these Terms and Conditions. A cross reference chart of the new department numbers shall be provided by the City to the County. e. The City shall be responsible for IRS form 1099 reporting. f. The County shall reimburse the City for purchases incurred for the Health District as follows: (i.) The City shall invoice the County on a monthly basis for reimbursements. (ii.) Health District personnel shall reconcile the City's P -Card purchases. No County P -Cards will be used by Health District personnel. (iii.) The administrative offices of the Health District will retain the original in- voice for purchases transacted with a P -Card, and the City will retain original Invoices for all other purchases transacted with other means. (iv.) The administrative offices of the Health District shall provide to the County Auditor's Office a summary of purchases and attach copies of invoices to a summary that breaks the cost into the department codes and object codes that the County uses. In addition, the summary of purchases should show year -to -date expenditures, what was previously billed and reimbursed, and amount currently being billed. (v.) The administrative offices of the Health District shall provide the County Auditor's Office with monthly summary financial reports generated by the City's general ledger financial software system, to include the department/project number and a detailed transaction listing, along with copies of all invoices. Health Disirict —Terms & Conditions Page 7 of 14 g. The County shall provide the City, within 10 working days of the implementation of these Terms and Conditions and the underlying Cooperative Agreement, with the balance of amounts in all applicable Health District accounts available for reimbursement to the City for the remainder of the City's current fiscal year, ending July 31, 2009. Reimbursed dollar amounts to the City are limited to the Health District's departmental totals in the County's FY08109 budget for all items purchased. Reimbursed dollar amounts to the City in all future fiscal years will be similarly limited as well, based on the County's approved departmental budgets for the Health District. The County Auditor shall annually provide the City with the budgets for all Health District divisions and Individual grants, following the approval by the County Commissioners' Court of each annual County fiscal budget. h. The County shall only reimburse the purchase of capital items that have been budgeted by the County as capital items. All purchases of County - budgeted Health District capital items, excluding those items which cost less than $1,000, must be pre - approved by the County. Items purchased that cost less than $1,000 shall be reimbursed by the County up to the level of the County's Health District budget allocation. I. Upon implementation of the underlying Cooperative Agreement and these Terms and Conditions, the Health District will no longer use the County's supply warehouse and will utilize the City's supply warehouse. J. Upon implementation of the underlying Cooperative Agreement and these Terms and Conditions, the County shall cancel the Health District's County P- Card, and the Health District will be issued a City P -Card. k. The County shall use the County's budget year for expenses, with the exception of grants. The County shall use grant contract dates as the budget year for grants. Health District —Terms & Conditions Page 8 of 14 I. The City shall ensure that expenditures paid in a new budget year or new grant year for the immediate prior year are accrued to the appropriate grant or department budget year. 2. The following inventory tracking systems will be implemented: a. The City shall tag fixed assets with the City's red inventory tags for items purchased with County funds that cost more than $1,000.00 and for items on the exception list that cost less than $1,000. b. The City shall create a separate expense code, entitled "Minor Equipment," for Items that cost over $1,000 but under $5,000. c. The County Auditor's Office shall prepare a fixed assets inventory card for purchases made by the Health District with County funds and send the card to the County's Purchasing Department. d. The County Auditor's Office shall enter into the Bi -tech system the City's inventory tag number and asset information. e. Within 60 days of the implementation date of the underlying Agreement and these Terms and Conditions, the County Purchasing Department shall conduct a physical inventory of Health District property (e.g., furniture, fixtures, and equipment) that was purchased with County funds prior to the Implementation of the underlying Agreement. Upon completion, the Health District Director or designee shall sign off on the results of the physical inventory. The physical inventory results will be reported to the County Auditor's Office for follow -up action to be taken by approval of the Commissioners' Court in order to enter changes into the 131-tech system. 3. With regard to cell phone usage, the following procedures will be implemented: Health District—Terms & Conditions Page 9 of 14 a. Cell phones and cell phone accounts of County employees assigned to the Health District under department 3091 will be transferred to the City's cell phone contract, and all cell phone assignments and usage under department 3091 will follow City cell phone policies. b. Cell phone expenses incurred by County employees assigned to the Health District under department 3091 will be part of the City's reimbursement request to the County. c. Cell phones and cell phone accounts of County employees assigned to the Health District under the County's PHP grant will remain under an existing separate contract, invoiced directly to the Health District, until such future time as the need arises for the County to remove or cancel this arrangement. d. Cell phone expenses incurred by County employees assigned to the Health District under the County's Public Health Preparedness ( "PHP ") grant will be part of the City's reimbursement request to the County. 4. The County's copiers presently located at the Health District will remain on the County's contract until such future time as a need arises for the County to remove or cancel this arrangement. F. TRANSFER ONE (1) COUNTY SANITARIAN POSITION AND ONE (1) COUNTY SANITATION INSPECTOR POSITION FROM THE COUNTY'S PAYROLL AND EMPLOYMENT TO THE CITY'S PAYROLL AND EMPLOYMENT. THE CITY SHALL RETAIN ALL INSPECTION FEE REVENUES COLLECTED FOR INSPECTIONS WITHIN THE CITY AND THE HEALTH DISTRICT SHALL RETAIN ALL INSPECTION FEE REVENUES FOR INSPECTIONS IN THE UNINCORPORATED AREAS OF THE COUNTY. THE HEALTH DISTRICT SHALL CONTINUE TO PROVIDE INSPECTION SERVICES TO THE UNINCORPORATED AREAS OF THE COUNTY. (MOU Item 6) Health District —Terms S Conditions Page 10 of 14 1. The City shall acquire two (2) existing County positions assigned to the Health District, whether occupied or vacant: one (1) County Sanitarian and one (1) County Sanitation Inspector. If either of these two positions, or both, is filled upon the implementation date of these Terms and Conditions and the underlying Cooperative Agreement, the City shall assume liability for vacation and sick leave balances at the time of employment transfer; vacation and sick leave balances will comply with the City's maximum accrual allowance per City ordinance. a. As of March 18, 2009, the County Sanitarian position was vacant and the County Sanitation Inspector position was occupied. Attachment "3," entitled "Cost Impacts for County -to -City Employees," attached to these Terms and Conditions and incorporated in this document as if set out in full, outlines the City's potential liability pertaining to salaries, vacation leave, and sick leave as of March 18, 2009. 2. In the event either position, or both positions, is acquired by the City in an occupied status: a. The City shall establish a City new hire date as of the effective date of the employment; b. The City shall establish an adjusted service date in order to give credit for the employee's original County employment date, thereby, allowing the employee to accrue vacation hours based upon total years of service with the County and City. c. The City's retirement plan, TMRS, recognizes Nueces County's retirement plan participation, so the employee will receive credit for years of service with the County. Health District—Terms & Conditions Page 11 of 14 3. In the event either position, or both positions, is acquired by the City in a vacant status: a. The position will be recruited and filled based on the City's recruitment and hiring practice. b. The vacation and sick leave accruals for the position will be based upon the City date of hire. 4 The City shall retain inspection fee revenues collected for inspections conducted within the City. 5. The Health District shall continue to provide health inspections in the unincorporated areas of the County. 6. The Health District shall retain all inspection fee revenues for inspections In the unincorporated areas of the County, as well as with other contracted entities outside of the City's city limits. a. The revenue fees will be placed in the County's Special Revenue Account for the Health District, Department 1362, Food and Sanitation Fee Account. G. THE CITY AND COUNTY SHALT. SHARE IN FUNDING SALARY AND BENEFITS OF THE DIRECTOR AND ASSISTANT DIRECTOR OF PUBLIC HEALTH ADMINISTRATION POSITIONS AT THE PERCENTAGE OF 60% CITY AND 40% COUNTY. THE DIRECTOR SHALL BE HIRED BY AND REPORT TO THE CITY MANAGER AND THE COUNTY JUDGE. THE ASSISTANT DIRECTOR SHALL BE HIRED BY THE DIRECTOR WITH THE CONCURRENCE OF THE CITY MANAGER AND THE COUNTY JUDGE. THE ASSISTANT DIRECTOR SHALL REPORT TO THE DIRECTOR. (MOU Item 7) Health District —Terms & Conditions Page 12 of 14 1. The Director and Assistant Director positions will remain in the City's Executive Pay Plan. 2. City policy provides a car allowance for Director and Assistant Director positions, as wel! as for employees serving in—these osp bans in an "acting" capacity.---- - - - -- 3. The County shall continue to reimburse the City for 40% of the salary and benefits, including the City's car allowance, for the Acting Director. 4. The County has been providing a car allowance benefit to the current Acting Director of the Health District. a. The County shall no longer pay a car allowance benefit to the current Acting Director. The current Acting Director shall continue to receive a car allowance as provided by City policy. b. The car allowance benefit, currently paid by the County to the Acting Director, which is $182.24 per pay period, will be added by the City as an additional pay item for the current Acting Director while serving in an "acting" capacity. (i.) This additional car allowance, being paid to the current Acting Director, will end when the Director position is filled on a regular, full-time basis and is no longer being filled by an employee in an "acting" capacity. 5. The County will not share in the funding of the salary or benefits of the current Assistant Director position while it is being filled in an "acting" capacity. When the Health District fills the Assistant Director position on a regular, full -time basis, the County shall begin reimbursing the City for 40% of the salary and benefits, including the City's car allowance, for the Assistant Director position. B. When the Health District fills the Director and Assistant Director positions on a regular, full -time basis, the City shall prepare an invoice detailing the salary, benefits, and car Health District —Terms & Conditions Page 13 of 14 allowance costs by pay period and show the 40% amount owed to the City by the County. This invoice shall be sent to the County monthly. H. ESSENTIAL SERVICES PERSONNEL 1 The - County - shall,— for - County- employees- essigned -to -the - Health - District— adopt- the -- -- -- City's policy and practices pertaining to Essential Services Personnel in the event of an emergency or disaster. a. County employees assigned to the Health District will no longer be eligible for the ten ('Id) days of paid leave for hours not able to work due to an emergency /disaster, with the potential of more days paid leave if so deemed by the Commissioners Court, as provided in the County's Civil Service Rules. Attachments: Attachment "I" - Health District Job Title and Pay Grade Assignment Attachment °2" - Health District Pay Plan HTH for Combined City /County Positions Attachment "3" - Cost Impacts for County -to -City Employees Health District —Terms & Conditions Page 14 of 14 c d EI M� ti C E c C1 IL d .fl a N d? n a N C] Y W O Ja D a 7 C p0 c o Q Cd r a VY 12 ~ E 'Et aai p m_ �I U+ x x x x x x ten x �o � x oo V x � b a .T� ark � v� A .,� � •.. � � � IA a x x a CN •-a • + --e en w ..e Q r•a •^' UO N U•' ' ZU A uaUt n a N C] Y W O Ja D y �r d=i r es a C Gf a a>' V CL 1-F O 32 a 4. V O � Q qq� . 41 G �' 8 F .R a a► z V r tw Cd w V y y o HQ x x v a x x x � a N N rot C� V v W 5 14 a a l S N f+1 CI E"ll C d 14 R CL v C 0 ti 0 2 lu v Q1 I I 0 iL .2 0 a� r M 4 O p O O O p O O O O a d6� kn kA �O p4 .. U IZ a x � cq kn p N �D M V C v N N � � S� '�"1 � FI U +•� M z F+ �.. F�I N V x ig z R.AC�x c 0 iL .2 0 a� r M Z r ►y a+ c d a C9 IL d ld 41 w I .rnyy� V N r pi x m L. E g v v i� QI d a 0 n a a � p O co PC x a �o t- 00 00 a I I zi 1 00 w I .rnyy� V N r pi x m L. E g v v r , , Pay Plan HTH Attachment "2" HEALTH DISTRICT PAY PLAN FOR COMBINED CITWCOUNTY POSITIONS 1 .$ j Pay Plan HTH includes all positions in the Health District. These positions may be designated. as either exempt from overtime under the FLSA or as non - exempt and eligible for overtime under the FLSA. The pay grades and ranges for positions in Pay Plan HTH are as follows: Pay Plan HTH Health District H10-49 Non - Exempt (FLSA Overtime Eligible) H50 -99 Exempt (FLSA Overtime Ineligible) Effective upon approval of County and City H11 $17,066 $22,743 $28,420 H12 18,432 23,936 29,440 H13 19,998 25,970 31,942 H14 21,797 28,307 34,817 H15 23,867 30,995 38,124 HIS 26,254 34,098 41,938 H17 29,011 37,675 46,340 H18 31,728 41,583 51,438 H52 28,144 38,527 48,909 H53 30,536 41,802 53,066 H54 33,286 45,565 57,844 H65 36,448 49,894 63,340 H56 40,093 54,853 69,613 H57 44,305 60,648 76,991 H58 49,177 67,320 85,461 r co r LL N $ ' °o is 12 8 r r- N p O d O 9 Q W Sc o c r o C O z ti M V 0 4+ ca V C_ GS M is 5 c! N �� n7 UA r 111. .r �► of P% � � � �� pp � fJ1 to E •� `.� >CCC'777v tl1U3 r y u as 3 IL � o C � r u .Q Q CL c, Z7t= 2� IL , 'C M•. C a o O y �I p o a (A �. to Z. .` a e� a 0 J P �U oac �LaU L a 0 L. ii c. I iI { N C -E -o CL a, .; s0 2 o z .r E U v w0 N .y �> � a CL 0 Z 06 V O 0 N `E N r rrrl � U O Q 16m r� V � � CL .�. c od 0 �, U U r u .Q Q CL c, Z7t= 2� IL , 'C M•. C a o O y �I p o a (A �. to Z. .` a e� a 0 J P �U oac �LaU L a 0 L. ii c. I iI { N C -E -o CL a, .; s0 2 o z .r E U v w0 N .y �> � a CL 0 Los=' Amendment No. 1 to the Reformation of the Cooperative Agreement to Operate a Public Health District ("DistricV') A , I I a — M — 1 0 & Whereas, the City Council for the City of Corpus Christi adopted a new compensation plan for City employees effective August 1, 2013; Whereas, Section A.3 of Attachment "B" of the Agreement provides that that changes to the pay plan or Health District employee pay adjustments shall be modified by mutual written agreement between the City Manager and County Judge to ensure pay adjustments for each Health District member are consistent, subject to final approval by the governing bodies of the City and County; flow, therefore, the parties desire to amend the Agreement to revise the Pay Plan for the employees assigned to the District; 1. Attachment "1 the Health District Job Title and Pay Grade Assignment, is replaced with the new Attachment "'I". In addition, all other City position titles may be utilized by the Health District. 44. Each employee of the Health District will receive a 2.5% pay step increase on the first full pay period following their anniversary date of their current position. However, pay step increases for County employees assigned to the Health District are subject to prior approval of the Commissioners Court. 5. All other terms and conditions of the Agreement remain in effect. This Amendment takes effect upon date of last signature. Executed this day of .2412 ATTEST- NUECES COUNTY, TEXAS Diana Barrera Samuel L. Real, Jr. County Clerk County Judge ATTEST. CITY OF CORPUS CHRISTI, TEXAS Armando Chapa Ronald L. Olson City Secretary City Manager i� V � k 0 f *»,T,7TT Wz � positions in the Pay Plan HH are efollows: °w> �.� > < ■:� © >»v », <« #� »w�adx£« . �. . .. .. .� . . .�..�. � . . .. .�... , . , . . � ... ` 2•� � \� d \lti ;< �y[1S Cep` pGO AGENDA MEMORANDUM k« PUNASEO First Reading Ordinance for the City Council Meeting of August 20, 2013 zs�2 Second Reading Ordinance for the City Council Meeting of August 27, 2013 DATE: August 6, 2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health annetter @cctexas.com 361 -826 -7203 Program Income FY 13 -14 Appropriation of Funds CAPTION: Ordinance appropriating $763,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2013 -2014 program income to fund laboratory and public health services for the period of September 1, 2013 through August 31, 2014. PURPOSE: The Program Income Funding allows the Health District to be used to supplement local funds for public health services which help with supplies, minor equipment, contractual services, training and computer equipment. BACKGROUND AND FINDINGS: The Corpus Christi- Nueces County Public Health District receives funding from the Department of State Health Services (DSHS) for various public health services. As a result of this support, fees that are charged must be prorated to determine the percentage of revenues that were generated using State /Federal funds. The State /Federal supported revenues are deemed Program Income (PI). PI earned during the State fiscal year (September 1- August 31) must be spent during that year or returned to the State. PI earned is to be used to supplement local funds for public health services. Staff reviews actual earnings and projected earnings to recommend an annual appropriation to cover expenditures. Planned expenditures for FY 13 -14 include supplies, minor equipment, contractual services, training and computer equipment. ALTERNATIVES: Unused funds must be returned to the State. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for appropriation of program income funds. EMERGENCY I NON-EMERGENCY: Non - emergency DEPARTMENTALCLEARANCES: Corpus Christi- Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: x Operating x Revenue n Capital n Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures CIP onlyt. Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item $763,000 $763,000 BALANCE $763,000 $763,000 Fund(s): Program Income Comments: No fiscal impact to General Fund. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance appropriating $763,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2013 -2014 program income to fund laboratory and public health services for the period of September 1, 2013 through August 31, 2014. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $763,000 from estimated program income revenue is appropriated in the No. 1066 Health Grants Fund as State fiscal year 2013 -2014 program income to fund laboratory and public health services for the period of September 1, 2013 through August 31, 2014. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal Chad Magill Colleen McIntyre Lillian Riojas Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT PROGR"l INCOME APPROPRIATIONS FY2014 I iv,vvv z. lau,uuu 5 40,000 S 180,000 S 53,000 $ 120,000 S 30,000 S 763,000 2014 Projected Revenue S 140,000 S 150,000 S 40,000 S 130,000 S 53,000 S 120,000 S 5000 S 763,000 Sc cc AGENDA MEMORANDUM Qk6RY Future Item for the City Council Meeting of August 20, 2013 Action Item for the City Council Meeting of August 27, 2013 DATE: July 29, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo @cctexas.com 361- 826 -3494 FY14 Community Youth Development Program (Bid Invitation No. BI- 0134 -11) CAPTION: Ordinance authorizing the City Manager or designee to execute a contract with the Texas Department of Family and Protective Services for funding for September 1, 2013 through August 31, 2014 in the total amount of $386,769.67; authorizing appropriation in the Grants Fund No. 1060 for Community Youth Development program contracts for the 78415 Zip Code area; and authorizing execution of subcontracts as follows: $53,337 to The Boys and Girls Club, $82,304 to Communities In Schools of the Coastal Bend and $108,000 to SERCO of Texas for subcontract period September 1, 2013 through August 31, 2014. PURPOSE: On 8/31/2010, M2010 -198, The City entered into a new contract term with the Texas Department of Family and Protective Services for youth services from September 1, 2010 — August 31, 2011 with the option to renew the contract on an annual basis for a total contract term not to exceed 54 month. For FY13, the State awarded the City $640,403 to continue services for the term of September 1, 2012 to August 31, 2014. The State received a 36% increase in monies for FY14 and we have distributed the extra money to the current providers. For services, the Parks and Recreation Department subcontracts with local providers for services. In FY2012, the CYD Collaborative Committee voted to contract with 4 subcontractors for services with the option to extend the contract for up to 48 months. For FY2014, we are continuing services with the same 4 subcontractors and will go out for an RFP in FY15 when money is increased to it's previous funding. BACKGROUND AND FINDINGS: The Texas Department of Family and Protective Services (DFPS) is continuing to fund the Community Youth Development (CYD) Program in fifteen zip codes throughout the State. The City of Corpus Christi has been allocated $386,769.67 in program funds for 2014, Contract Period September 1, 2013 through August 31, 2014, to be used in the 78415 Zip Code area. In FY12, the City's Purchasing Department released a Request for Proposals (Bid Invitation No. BI- 0134 -11) for providers to service the youth of 78415 with services including but not limited to Youth Leadership Development, Youth Advisory Committee, Mentoring and Recreation. A review committee was formed and reviewed 11 proposals in which 4 were recommended for award. Based on those recommendations and continuing service, for FY2014 we are offering an extension of services with an increase based on the approved percentages from the FY12 RFP. ALTERNATIVES: Do not approve ordinance. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This award conforms to all City purchasing policies and procedures and State statues regulating procurement. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Purchasing Department; Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $386,769.67 $3867769.67 BALANCE $3867769.67 $3867769.67 Fund(s): Grant Fund 1060 Comments: In FY12 we experienced a 35.79% decrease in funds from previous years. In FY14, the State received additional money to fund the CYD programs and is expecting even more funding for FY15 which will bring them back to their previous funding amounts. One contract will be awarded administratively and the other three require Council approval. RECOMMENDATION: Staff recommends appropriation of the money and awarding Boys and Girls Club, Communities In Schools of the Coastal Bend and SERCO of Texas. LIST OF SUPPORTING DOCUMENTS: Ordinance, State Contract, Subcontractor Contracts Ordinance authorizing the City Manager or designee to execute a contract with the Texas Department of Family and Protective Services for funding for September 1, 2013 through August 31, 2014 in the total amount of $386,769.67; authorizing appropriation in the Grants Fund No. 1060 for Community Youth Development program contracts for the 78415 Zip Code area; and authorizing execution of subcontracts as follows: $53,337 to The Boys and Girls Club, $82,304 to Communities In Schools of the Coastal Bend and $108,000 to SERCO of Texas for subcontract period September 1, 2013 through August 31, 2014. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager or his designee is authorized to execute a contract with the Texas Department of Family and Protective Services for funding for FY 2014 in the amount of $386,769.67 for the Community Youth Development Program for the 78415 Zip Code area. SECTION 2. That the funds described in Section 1 are appropriated in the Grants Fund No. 1060 for Community Youth Development program for the 78415 Zip Code area. SECTION 3. That the City Manager or his designee is authorized to execute subcontracts for Community Youth Development program services, with contract periods September 1, 2013 through August 31, 2014 as follows: Boys and Girls Club in the amount of $53,337, Communities In Schools of the Coastal Bend in the amount of $82,304, and SERCO of Texas $108,000. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following votes: Nelda Martinez Lillian Riojas Kelley Allen Priscilla Leal Rudy Garza, Jr. David Loeb Mark Scott Chad Magill Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following votes: Nelda Martinez Lillian Riojas Kelley Allen Priscilla Leal Rudy Garza, Jr. PASSED AND APPROVED this the ATTEST: Nelda Martinez Mayor Armando Chapa City Secretary David Loeb Mark Scott Chad Magill Colleen McIntyre day of , 2013. COMMISSIONER John J. Specia, Jr. July 12, 2013 TEXAS DEPARTMENT OF FAmiLy AND PROTECTIVE SERVICES Mr. Michael Morris Director of Parks & Recreation City of Corpus Christi 606 N. Carancahua, Suite 105 Corpus Christi, Texas 78401 RE: Contract Renewal Notice of Award — Fiscal Year 2014 23792861, Community Youth Development (CYD) Dear Mr. Morris: Contract renewals for Division of Prevention and Early Intervention (PEI) programs must be finalized by August 31, 2013. Your agency may develop a Fiscal Year 2014 budget for a reimbursable amount up to $386,769.67. Additional information will be forthcoming about how these funds may be utilized, including the process for pre - approval. For FY2014, the target for the average number of youths to be served monthly will be 430 and annual number of unduplicated youth to be served will be 1376. Renewal forms and instructions are attached. All renewal forms that require signatures must be signed in blue ink by the contract's authorized signatory. If a board, judge, or other governing body must approve your renewal packet, please ensure that you have planned for this process within the available time and advise your contract manager of key dates. All renewal information is due no later than Monday, July 15, 2013. Please send renewal documents to my attention at the following address: DFPS /PEI (if sending by regular mail) P. O. Box 149030, Mail Code Y -987 Austin, TX 78714 -9030 OR (if sending by courier) DFPS /PEI 2401 Ridgepoint Drive, M/C Y987 Austin, TX 78754 Your partnership in expediting the renewal process is greatly appreciated. If you do not intend to renew your contract with DFPS, please contact me immediately so that we may initiate contract closure. 2401 RIDGEPOINT DR. ♦ P.O. Box 149030, MC Y -987 ♦ AUSTIN, TEXAS 78714 -9030 ♦ (512) 929 -6962 Mr. Morris July 12. 2013 Page 2 of 2 Please contact me at 512/929 -6962 if you have any questions regarding this letter or the enclosed documents. Sincerely, John Norton CYD Contract Manager Prevention and Early Intervention Documents sent by e-mail: Single Audit Cost Information Request Form Additional Authorized Signature Designation Form Contract Renewal Checklist Provider Information Form Subcontractor Spreadsheet FY14 Plan of Operations Inventory Spreadsheet Forms 2031, 2030 (Budget), 2033, 2282 & 3 Attachments, 4732, 4734 (FFATA), 4736 (Proof of Insurance), 9007 ([CC), and 9105 Texas Dept. of Family Form 2282 and Protective Services June 2013 Purchased Client Services Contract Contract # 23792861 [Amendment /Renewal # 03 Service Type: Community Youth Development (CYD)] 1. GENERAL REQUIREMENTS 1.1. Parties and Governing Law. Pursuant to its authority under Texas Human Resources Code §40.058, the Texas Department of Family and Protective Services (DFPS or the Department), and City of Corpus Christi (Contractor) enter into this Contract (Contract or Agreement), which, together with its incorporated documents and attachments, constitutes the entire agreement under the above referenced contract number. This Contract will be governed by and construed in accordance with the laws of the State of Texas with venue in State District Court, Travis County, Texas. DFPS agrees to purchase the services noted in this Contract, and Contractor agrees to provide these services according to the terms and conditions set forth in this agreement. In this Contract, all references to DFPS will include the Texas Health and Human Services Commission (HHSC) and any other agency named in Chapter 531 of the Texas Government Code. When acting in such capacity, HHSC or such other agency is an authorized agent acting on behalf of DFPS. 1.2. Effective Date of Contract. The effective date of this Contract is September 1, 2013 to August 31, 2014. 1.3. Contract Amount. DFPS will pay the Contractor up to $386,769.67 for fiscal year 2014 for September 1, 2013 through August 31, 2014 from available funds for services rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Department. 1.4. Delivery of Notices. Any notice required or permitted under this Contract by one party to the other party must be in writing and correspond with the contact information noted in this section. At all times, Contractor will maintain and monitor at least one active electronic mail (e -mail) address for the receipt of Contract - related communications from DFPS. It is the Contractor's responsibility to monitor this e-mail address for Contract - related information. 1.4.1. Contractor's Contact Information. The mailing address of the Contractor for all notices is 606 N. Carancahua, Suite 105, Corpus Christi, TX 78401. 1.4.2. State Agency's Contact Information. The mailing address of DFPS for all notices is 2401 Ridgepoint Drive, M/C Y987, Austin, Texas 78754. 1.5. Funds Availability. This Contract depends upon the availability and receipt of state or federal funds that the Department has allocated to this Contract. If funds for this Contract become unavailable during any budget period, DFPS may immediately terminate or reduce the amount of this Contract at the discretion of the Department. Contractor will have no right of action against DFPS if DFPS cannot perform its obligations under this Contract as a result of lack of funding for any activities or functions contained within the scope of this Agreement. 1.6. Payment. Contractors must seek payment or adjustment to payments in accordance with the time limit specified in 45 CFR 95.1 (Code of Federal Regulations). This subpart establishes a two -year (eight quarter) time limit for a State to claim Federal financial participation in expenditures under State plans approved under Title IV -E and Temporary Assistance for Needy Families (TANF). Any bill or amended bill, which is submitted to DFPS later than seven quarters after the end of the quarter of the expense, will not be processed unless DFPS determines that submission for payment of the bill to the federal government can be executed in a proper and timely fashion. Page 1 of 17 Texas Dept. of Family Form 2282 and Protective Services June 2013 Purchased Client Services Contract 1.7. Independent Contractor. Contractor will serve as an independent contractor in providing services under this Contract. Contractor's employees will not be construed as employees of DFPS or the State of Texas. Contractor has sole authority and responsibility to employ, discharge, and otherwise control its employees and contractors. Contractor is responsible for providing all necessary unemployment and workers' compensation insurance for the Contractor's employees. 1.8. Order of Precedence. To the extent of any conflict between the provisions of this Contract and other relevant documents, the conflict will be resolved, to the extent possible, by reference to the documents in the following order of priority: 1.8.1. First, this Contract, including the scope of work and any attachments, and any amendments to any such items; 1.8.2. Second, the solicitation document, including all attachments and exhibits, and any modifications, addendum, or amendments issued in conjunction with the solicitation; and 1.8.3. Third, the application, response, or bid submitted by the Contractor, including all attachments and exhibits. 1.9. Taxes. DFPS is not responsible for any state, local, or federal taxes. The Contractor must comply with all federal, state, and local tax laws. 1.10. Sovereign Immunity. No part of any of this Contract, nor DFPS's conduct related to this Contract, will constitute a waiver of any of the privileges, rights, defenses, remedies, or immunities available to DFPS, the State of Texas, and their officials and staff. DFPS does not waive any such privileges, rights, defenses, or immunities by entering into this Contract or by its conduct prior to or subsequent to entering into this Contract. 1.11. Severability. Invalidity or unenforceability of one or more provisions of this Contract will not affect any other provision of this Contract. If a part of the Contract is determined invalid or unenforceable, a clause of as similar terms as may be legally possible may be added in order to make the prior intent of such provision legal, valid, and enforceable. 1.12. Disclosures under the Public Information Act. All contracts and other information submitted to DFPS may be subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code ( "the Act "). If Contractor submits proprietary or otherwise confidential information to DFPS, then Contractor should clearly identify that particular information and the specific exception to disclosure in the Act. Making a blanket claim that an entire submission is protected from disclosure because it contains some proprietary information is not acceptable and will not render the entire proposal confidential. DFPS assumes no responsibility for asserting legal arguments for Contractor. Contractor should consult with legal counsel concerning disclosure issues and take precautions to safeguard trade secrets and other proprietary information. 1.13. Force Majeure. Neither party will be liable for any delay in performance under this Contract related to an unavoidable cause not attributable to the fault or negligence of the respective party. Such delays will extend the period of performance at the discretion of DFPS. Contractor must inform the Department in writing of proof of force majeure within five (5) business days or otherwise waive this right as a defense. 1.14. Prohibition on Non - compete Restrictions. Contractor will not require any employees or subcontractors to agree to any conditions, such as non - compete clauses or other contractual arrangements, that would limit or restrict such persons or entities from employment or Page 2 of 17 Texas Dept. of Family Form 2282 and Protective Services June 2013 Purchased Client Services Contract Page 3 of 17 contracting with other providers (including DFPS). 1.15. Cultural Competence. Contractor will make reasonable efforts to provide services that meet the individual needs of the client. Contractor will develop and maintain a cultural competence plan that effectively provides services to people of various cultures, races, ethnic backgrounds, and religions in a manner that recognizes and affirms their worth, protects and preserves their dignity, and ensures equity of service delivery. Contractor will take into consideration the intellectual functioning, literacy, level of education, and comprehension ability of each client in order to ensure that all information is presented in a way that meets the individual needs of each client. Contractor will provide services in the client's primary language, whether provided directly by Contractor or through a translator. 1.16. INDEMNIFICATION. CONTRACTOR WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, DFPS, AND ITS OFFICERS AND EMPLOYEES FROM ANY CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES AND COURT COSTS CONNECTED WITH ANY ACTS OR OMISSIONS OF CONTRACTOR OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT. CONTRACTOR WILL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY DFPS. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE CONTRACTOR TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE DEPARTMENT FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF DFPS OR ITS EMPLOYEES. 1.17. Insurance. Unless otherwise noted in this Contract, and to the extent that Contractor does not have or maintain insurance or does not have or maintain sufficient insurance, Contractor acknowledges and agrees that Contractor will be solely responsible for any losses or damages related to or caused by the Contractor's performing its duties and obligations under this Contract. DFPS will have no obligation to reimburse or otherwise pay Contractor for any costs incurred related to any such losses or damages. 1.18. Notice of Funding. Contractor will place prominent notices acknowledging the funding it receives from the Department in all of its literature that describes services covered by this Contract. This notice will also appear in Contractor's annual financial report, if any is issued. 1.19. Limitation on Use of DFPS Seal and Name. Contractor may not use the DFPS seal in any form or manner without the prior written approval of the Department. Contractor also may not use the name of DFPS to imply any endorsement, approval, or sponsorship of Contractor's goods or services by DFPS. 1.20. Testimony in Proceedings. Contractor will require its employees to testify in judicial and administrative proceedings at the request of DFPS. To the extent possible, Contractor will also assist the Department in locating past employees, agents, volunteers, consultants, or subcontractors when DFPS requires past employees, agents, volunteers, consultants, or subcontractors to appear and testify in accordance with this subsection. 1.21. Notifications. Contractor will notify the Department immediately of any significant change affecting Contractor or this Contract, including, but not limited to, change of Contractor's name or identity, ownership, control, governing board membership, key personnel, any problem or potential problem associated with performance or services, or payee identification number. Contractor will also provide DFPS with any documentation or information related to a notification provided for under this section. Contractor will also notify DFPS of any lawsuit brought against Contractor related to the services provided for in this Contract. Unless Page 3 of 17 Texas Dept. of Family Form 2282 and Protective Services June 2013 Purchased Client Services Contract Page 4 of 17 otherwise noted in this Contract, Contractor will provide all notices in writing to the Department within ten (10) working days. 1.22. Removal of Access. Contractor will immediately remove access capabilities to any DFPS automated /internet -based application(s) or immediately notify DFPS that access to such applications needs to be terminated for an employee, subcontractor, or volunteer whose employment, subcontract, or volunteer term with Contractor has ended for any reason. 1.23. Buy Texas. In accordance with Texas Government Code §2155.4441, the State of Texas requires that during the performance of a contract for services, Contractor will purchase products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the state. 1.24. Reporting Abuse, Neglect, or Exploitation. Contractor will promptly report any suspected case of abuse, neglect, or exploitation to the appropriate authority as required by the Texas Family Code, Chapter 261. All reports must be made within twenty -four (24) hours of the discovery of abuse, neglect, or exploitation. 1.25. Comptroller Status. Contractor has an affirmative duty to remain in compliance with applicable franchise tax requirements. If the Texas Comptroller of Public Accounts (CPA) designates the Contractor to be forfeited from doing business in the State of Texas, the contract will terminate effective on that date. Contractor agrees that should the Texas Comptroller of Public Accounts (CPA) ever place the Contractor on "vendor hold," then the Department will apply all payments under this Contract directly toward eliminating any of Contractor's debts or delinquencies to the State of Texas. 1.26. Subcontracting. Contractor will be responsible to DFPS for any subcontractor's performance under this Contract. Subcontractors providing services under the Contract will meet the same requirements and level of experience as required of Contractor. No subcontract under the Contract will relieve Contractor of responsibility for ensuring the requested services are provided. If Contractor uses a subcontractor for any or all of the work required, the following conditions will apply: 1.26.1. Contractors planning to subcontract all or a portion of the work to be performed will identify the proposed subcontractors. 1.26.2. Subcontracting will be solely at Contractor's expense. 1.26.3. DFPS retains the right to check subcontractor's background and approve or reject the use of submitted subcontractors. 1.26.4. Contractor will be the sole contact for DFPS and Contractor will list a designated point of contact for all Department inquiries. 1.26.5. Subcontracts. Contractor will include a term in all proposed subcontracts that incorporates this Contract by reference and binds subcontractor to all the requirements, terms, and conditions of this Contract related to the service being provided by the subcontractor, as well as explicitly hold that this Contract controls in the event of any conflict with subcontract. DFPS approval of Contractor's use of any subcontractor is conditioned upon the extent that any subcontract does not conflict with any requirements of the Contract between DFPS and Contractor. 1.26.6. Payment to Subcontractors. Pursuant to Chapter 2251 of the Texas Government Code, Contractor will make any payments owed to subcontractors within ten (10) calendar days of Contractor's receipt of funds Page 4 of 17 Texas Dept. of Family Form 2282 and Protective Services June 2013 Purchased Client Services Contract Page 5 of 17 from DFPS. 1.27. Assignments. Contractor will refrain from transferring or assigning any portion of this Contract without prior written approval from DFPS. Contractor may collaterally assign its right to receive payments for the services provided by Contractor. Contractor must give written notice to DFPS at least ten (10) working days in advance of any assigned payment. Contractor will not assign or otherwise encumber any interest in or rights to payments of funds that Contractor must pass through to other individuals or entities per the requirements of this Contract. 1.28. Federal and State Requirements. Contractor will comply with all applicable federal and state regulations as well as the Department's policies and procedures regarding services delivered under this Contract. 1.28.1. Anti - Discrimination. Contractor agrees to comply with state and federal anti- discrimination laws, including without limitation: 1.28.1.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); 1.28.1.2. Sections 504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. §794): this Contract may be subject to HHS EIR Accessibility Requirements. If Contract must comply with HHS EIR Accessibility Requirements, Contractor must follow the terms and conditions at: http:// architecture .hhsc.state.tx.us /myweb/ Accessibility/ dacs/ HHSUniformElRAccessibilityClause .doc 1.28.1.3. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); 1.28.1.4. Age Discrimination Act of 1975 (42 U.S.C. § §6101- 6107); 1.28.1.5. Title IX of Education Amendments of 1972 (20 U.S.C. § §1681- 1688); 1.28.1.6. Food Stamp Act of 1977 (7 U.S.C. §2011 et seq.); and 1.28.1.7. The HHS agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. 1.28.2. Contractor agrees to comply with all amendments to the above - referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by federal or state funding, or otherwise be subjected to discrimination. 1.28.3. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, and its regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that Page 5 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 June 2013 exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. Applicable state and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Contractor agrees to ensure that its policies do not have the effect of excluding or limiting the participation of persons in its programs, benefits, and activities on the basis of national origin. Contractor also agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate language other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. 1.28.4. Contractor agrees to comply with Executive Order 13279, and its regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services will not, in providing services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. 1.28.5. Upon request, Contractor will provide HHSC Civil Rights Office with copies of all of Contractor's civil rights policies and procedures. 1.28.6. Contractor must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to the address below. HHSC Civil Rights Office 701 W. 51St Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388 -6332 Phone: (512) 438 -4313 TTY Toll Free: (877) 432 -7232 Fax: (512) 438 -5885 1.28.7. If applicable, Contractor will comply with: 1.28.7.1. Health and Safety Code Section 85.113 (workplace and confidentiality guidelines regarding AIDS and HIV); 1.28.7.2. The Immigration Reform and Control Act of 1986 and any subsequent immigration laws related to employment verification and retention of verification forms for any individuals performing any labor or services under this Contract; including The Immigration Act of 1990 and The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( "IIRIRA) enacted on September 30, 1996; 1.28.7.3. All state and federal licensing and certification requirements and regulations prescribed by the United States Department of Health and Human Services and DFPS; 1.28.7.4. The Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.); 1.28.7.5. All mandatory standards and policies relating to energy efficiency contained in the state energy conservation plan related to the Energy Policy and Conservation Act (Pub.L.94 -163); 1.28.7.6. The Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) Page 6 of 17 Texas Dept. of Family Form 2282 and Protective Services June 2013 Purchased Client Services Contract regarding minimum wages, overtime pay, recordkeeping, and child labor; and 1.28.7.7. 42 U.S.C. §675(4) (Foster care maintenance payments must be expended for items that are provided by foster parents and facilities). 1.28.8. FFATA Reporting. Contractor must report to DFPS the data elements required by the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109 -282) and listed in 1.27.9 if Contractor is a Subrecipient. No direct payment will be made to Contractor for providing any reports required under these provisions, as the cost of producing such reports will be deemed included in the Contract price. The reporting requirements in 1.27.9 are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes will be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract. DFPS may provide written notice to Contractor of any such change in accordance with this Contract, but such notice will not be a condition precedent to Contractor's duty to comply with revised OMB reporting requirements. 1.28.9. Subrecipient Reporting. If Contractor is a Subrecipient, Contractor will report to DFPS as set forth below unless otherwise exempted. All required information must be made publicly available according to federal law. 1.28.9.1. Sub -award Information. A Subrecipient will provide the following information to DFPS according to the timeframes communicated by the Department but no later than the end of the month following the month of award of a contract with a value of $25,000 or more, (and any modifications to these contracts that change previously reported data): 1.28.9.1.1. Unique identifier (DUNS Number) for the Contractor receiving the award and for the Contractor's parent company, if the Contractor has a parent company. 1.28.9.1.2. Name of the Contractor. 1.28.9.1.3. Contractor's physical address including street address, city, state, and country. Also include the nine -digit zip code and congressional district. 1.28.9.1.4. Contractor's primary performance location including street address, city, state, and country. Also include the nine -digit zip code and congressional district. 1.28.9.2. Subrecipient Officers' Total Compensation (Top 5). According to the timeframes communicated by the Department but no later than the end of the month following the month of a contract award, and annually thereafter, the Contractor will report the names and total compensation of each of the five most highly compensated executives for the Contractor's preceding completed fiscal year if- 1.28.9.2.1. In the Contractor's preceding fiscal year, the Contractor received - 1.28.9.2.1.1. 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and 1.28.9.2.1.2. $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and 1.28.9.2.1.3. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To Page 7 of 17 Texas Dept. of Family Form 2282 and Protective Services June 2013 Purchased Client Services Contract Page 8 of 17 determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at hftp://www.sec.gov/answers/execomp.htm.) 1.29. Right to Audit. Contractor will cooperate fully in any review conducted by DFPS or its authorized representatives related to services provided under this Contract. DFPS has the authority to monitor, inspect, assess, and review the fiscal, contractual, or program performance of the Contractor, including all information related to any services provided under this Contract or billed to DFPS. Contractor will remedy in a timely manner, any weaknesses, deficiencies, program noncompliance, or audit exceptions found as a result of a review by DFPS or its authorized representatives. Such remedy can include a refund of billed amounts or any other appropriate actions deemed necessary by DFPS. Acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this Contract or any subcontract. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. Failure to enforce any provision of the Contract does not constitute a waiver of that provision, or any other provision, of the Contract. 1.30. Reporting. Contractor will submit all reports requested by the Department in appropriate format and within the time limits specified by DFPS. Contractor will make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Department, the U.S. Department of Health and Human Services, or their authorized representatives. 1.31. Record Keeping. 1.31.1. Unless otherwise noted in this Contract, Contractor will maintain legible copies of this Contract and all related documents for a minimum of five (5) years after the termination of the contract period or five (5) years after the completion of any litigation or dispute involving the Contract, whichever is later. Contractor will provide any records and information concerning a child to the Department upon request. Contractor must forward legible records and information to the Department within fourteen (14) calendar days. Contractor will provide any necessary records and information to DFPS upon verbal request in emergency situations. In emergency situations, Contractor must submit legible records and information within the Department's specified timeframe. THE CONTRACTOR MUST NOT DISPOSE OF RECORDS PERTAINING TO CHILDREN IN DFPS CONSERVATORSHIP BEFORE PROVIDING THE DEPARTMENT'S CONTRACT MANAGER WRITTEN NOTICE OF ITS INTENT TO DISPOSE OF RECORDS AND RECEIVING WRITTEN APPROVAL FROM THE DEPARTMENTS CONTRACT MANAGER. 1.31.2. Contractor will comply with the Identity Theft Enforcement and Protection Act (Chapter 521 of the Texas Business and Commerce Code). Contractor has a duty to protect personal information and to notify all affected parties of any breach of personal information. 1.32. Authority of Department Staff. DFPS staff are not authorized to sign non -DFPS forms unless those forms have received prior approval by the Department. DFPS is not bound by Page 8 of 17 Texas Dept. of Family Form 2282 and Protective Services June 2013 Purchased Client Services Contract Page 9 of 17 unauthorized staff actions in signing such forms. 1.33. Single Audit. All contractors identified as subrecipients will submit a Single Audit Determination (SAD) form in accordance with HHSC -OIG requirements. If applicable, Contractor will submit an annual financial and compliance audit of Contractor's fiscal year in accordance with Single Audit Requirements of OMB Circular A -133 (Audits of State, Local Government, and Non - Profit Organizations) and Texas Uniform Grant Management Standards. Contractor will re- procure with the objective of rotating the independent audit firm every six years. Contractor will submit verification of the re- procurement of the independent audit firm for Single Audits. 1.34. DFPS Confidential Information. Contractor will not release confidential information to any party without the prior written approval of DFPS. Contractor will not use any information supplied by DFPS except for the purposes that the Department intends the information to be used. If Contractor stores, collects, or maintains any data, Contractor will only use such data internally for implementing this Contract. 1.34.1. Contractor will establish a method to ensure the confidentiality of records and other information relating to clients according to applicable federal and state laws, rules, and regulations. 1.34.2. This provision does not limit the Department's right of access to client case records or other information relating to clients served under this Contract. The Department will have an absolute right to access to and copies of such information, upon request. 1.34.3. If Contractor receives any request or demand for disclosure of confidential information by oral questions, documents, subpoenas, civil investigative demand, interrogatories, requests for information, or other similar legal process, Contractor will provide DFPS with immediate notice of such request (no later than two (2) business days) so that the Department may seek an appropriate protective order and /or consent to Contractor's disclosure of the requested records. 1.34.4. The provisions of this section remain in full force and effect following termination of cessation of the services performed under this Contract. 1.35. Intellectual Property. Except as otherwise provided in this Contract, all products produced by Contractor as a result of this Contract become the sole property of DFPS, including, without limitation, all plans, designs, software, and other contract deliverables. 1.35.1. If Contractor develops any copyrightable material in the course of performing this Contract, then Contractor will grant the State of Texas, DFPS, any federal awarding agency, and the Health and Human Services Commission a royalty - free, non - exclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for governmental purposes. 1.35.2. This section does not apply to any report, document, or other data, or any invention of Contractor which existed prior to, or was developed or discovered independently from, its activities related to or funded by this Contract. 1.36. DFPS Background Check Policy. Contractors will submit criminal abuse and neglect history information for background checks electronically through the DFPS Automated Background Check System (ABCS) according to the instructions in the user guide located at: http : / /www.dfps.state.tx.us/ documents /PCS /ABCSUserGuideFY09.�df. 1.36.1. Disclosure and Release. Contractor will disclose and release, or cause its employees, subcontractors, and volunteers with direct client contact and /or access to client records to disclose and release, any allegation made against Page 9 of 17 Texas Dept. of Family Form 2282 and Protective Services June 2013 Purchased Client Services Contract that employee, subcontractor, or volunteer alleging the commission of: 1.36.1.1. an act of abuse, neglect, or exploitation of children, the elderly, or persons with disabilities; 1.36.1.2. criminal history or any current criminal indictment (for felonies) or information (for misdemeanors) involving an offense under the Texas Penal Code against: 1.36.1.2.1. the person; 1.36.1.2.2. the family; 1.36.1.2.3. public order or decency; 1.36.1.2.4. public health, safety, or morals; or 1.36.1.2.5. property; 1.36.1.3. an offense under Chapter 481 of the Texas Health and Safety Code (Texas Controlled Substances Act); or 1.36.1.4. any act or offense that can reasonably be associated with potential risk of harm or loss to the Department and /or its clients based on the job duties or contractual role(s) of the person in question at any time during the contract period. 1.36.2. Method of Disclosure and Release. This disclosure and release is required of all individuals who have, or will have, direct contact with clients and /or access to client records, prior to such contact or access and will be accomplished through the use of: 1.36.2.1. a criminal history background check; 1.36.2.2. a DFPS abuse and neglect history check; and 1.36.2.3. a signed disclosure and release by each person attesting to this information, which will be maintained by Contractor, available for review by the Department, and renewed at intervals not to exceed 24 months while the Contract is in effect. 1.36.3. Direct Contact with Clients. Contractor will prevent or promptly remove any employee, subcontractor, or volunteer from direct client contact and /or from access to client records who is alleged to have committed any act listed in this Contract. If it is determined with certainty that the person in question has not committed the acts or offenses alleged, that person may again be assigned to direct client contact and /or access to client records. However, the Contractor or subcontractor will notify the Department of its intent to do so no later than ten (10) business days and receive Department approval prior to the reassignment. Contractor or subcontractor must provide the Department with further information concerning the reasons for the reassignment upon the request of the Department. If the person in question is found to have committed any of the acts or offenses listed in this Contract, that person will not be reassigned to duties involving any direct contact with clients and /or access to client records. 1.37. Changes to Contract. The parties to this Agreement may make modifications to the Contract according to the requirements of this section. 1.37.1. Bilateral Amendment. Either party to this Agreement may modify this Contract by execution of a mutually agreed upon written amendment signed by both parties. 1.37.2. Unilateral Amendment. The Department reserves the right to amend this Agreement through execution of a unilateral amendment signed by the DFPS Contract Manager and provided to the Contractor with ten (10) days notice prior to execution of the amendment under the following circumstances: 1.37.2.1. to correct an obvious clerical error in this Contract; 1.37.2.2. to change the Contract number; Page 10 of 17 Texas Dept. of Family Form 2282 and Protective Services June 2013 Purchased Client Services Contract Page 11 of 17 1.37.2.3. to incorporate new or revised federal or state laws, regulations, rules, or policies; 1.37.2.4. to comply with a court order or judgment; 1.37.2.5. to update service level descriptions or daily rates; 1.37.2.6. to change the name of the Contractor in order to reflect the Contractor's name as recorded by the Texas Secretary of State; 1.37.2.7. to change the designated DFPS mailing address for this Contract; 1.37.2.8. to change the designated Contractor mailing address for this Contract; or 1.37.2.9. to change the recorded license number of any license needed under this Contract in order to reflect the current number as issued by the licensing authority. 1.37.3. Contract Renewal. DFPS may renew this Contract at the Department's discretion on an annual basis by mutual agreement, subject to the conditions in 40 TAC §732.203 and the terms of this Contract. 1.38. Complaint Reporting. Unless otherwise noted in this Contract, DFPS will contact Contractor when a complaint is received, and advise the Contractor whether DFPS will conduct an investigation or will coordinate with the Contractor for an investigation and a response. When DFPS requires the Contractor to conduct any part of the complaint investigation, Contractor must respond in writing to DFPS with all information and according to DFPS requirements and specified time frames. If Contractor is unwilling or unable to provide any information within the time required, Contractor will provide a written explanation for any information that Contractor does not submit, any applicable date by which Contractor will provide the information, and the detailed reasons why Contractor is unwilling or unable to provide such information. 1.39. Termination, Remedies, and Dispute Resolution. Failure to enforce any provision of this Contract does not constitute a waiver of that provision, or any other provision, of the Contract. 1.39.1. Abandonment or Default. If Contractor defaults on the Contract, DFPS reserves the right to cancel this Contract without notice and either re- solicit or re -award the contract to the next best respondent or bidder. DFPS reserves the right not to consider the defaulting Contractor in the re- solicitation or in future solicitations for the same type of work, unless the specification or scope of work significantly changed. Termination is not an exclusive remedy but will be in addition to any other rights and remedies provided by law or under this Contract. 1.39.2. Immediate Suspension or Termination. The Department will immediately suspend or revoke this Contract if the Contractor is found liable for, or has a contract, license, certificate, or permit of any kind revoked for, Medicaid fraud. DFPS will also immediately suspend or revoke this Contract if a necessary license, certificate, or permit named in this Contract expires or is revoked by any applicable licensing authority for any reason. 1.39.3. Remedies. The Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause or take other actions, including, but not limited to: 1.39.3.1. requiring the Contractor to take specific corrective actions in order to remain in compliance with any contractual term; 1.39.3.2. withholding or recouping payments made to the Contractor or imposing other sanctions based on audit finding of violations of contract requirements; 1.39.3.3. suspending and /or limiting any services and placing conditions on any Page 11 of 17 Texas Dept. of Family Form 2282 and Protective Services June 2013 Purchased Client Services Contract such suspensions and /or limitations of services; 1.39.3.4. removing any employee of the Contractor or any subcontractor from the provision of services under this contract; and 1.39.3.5. suspending, placing into abeyance, or removal of any contractual rights including, but not limited to, withholding of payment, cessation of placement, and removal of all contract rights. 1.39.4. Termination. Either party may terminate this Contract at any time with the consent of the other party. In addition, either party may terminate this Contract by providing thirty (30) days written notice to the other party of the Contract's final date. Nothing in this section will be construed to prohibit the Department's right to immediately terminate this Contract. 1.39.5. Transition after Termination. At the end of the contract term or other contract termination or cancellation, Contractor will in good faith and in reasonable cooperation with the Department, aid in the transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. Upon termination or expiration of this Contract, DFPS will work with Contractor to transfer all services as efficiently as possible with the goal to have all necessary services transferred by the effective date of the expiration or termination of the Contract. However, in the event that a transfer of all necessary services is not possible, Contractor will continue to provide necessary services in accordance with all terms and conditions of this Contract until all necessary client services are completely transferred. 1.39.6. General Release. The acceptance by Contractor or its assignees of the final payment under this Contract, whether by voucher, judgment of any court of competent jurisdiction, or any other administrative means, will constitute and operate as a general release to the State from all claims of and liability to the Contractor arising out of the performance of this Contract. 1.39.7. Contract Dispute Resolution. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code will be used by the Department and Contractor to attempt to resolve any claim for breach of contract made by Contractor. 1.40. Certifications. The certifications enumerated below represent material facts upon which DFPS relies when accepting a bid for this solicitation. If the Department later determines that Potential Contractor knowingly rendered an erroneous certification, DFPS may pursue all available remedies in accordance with Texas and U.S. law. Contractor further agrees that it will provide immediate written notice to DFPS if at any time Contractor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Contractor cannot certify the accuracy of all the statements contained in this section, Contractor must provide written notice to DFPS detailing which of the below statements it cannot certify and why. Contractor acknowledges its continuing obligation to comply with the requirements of the following certifications contained in its Proposal, and will immediately notify DFPS of any changes in circumstances affecting these certifications: 1.40.1. Certification Regarding Lobbying. State and federal law place restrictions on the use of state and federal funds in regard to lobbying. The Contractor certifies, to the best of its knowledge and belief, that: 1.40.1.1. In accordance with 31 U.S.C. §1352, no federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection Page 12 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 June 2013 with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 1.40.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form - LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 1.40.1.3. The Contractor will require that the language of this certification be included in the award documents for subcontracts and that all subcontractors will certify and disclose accordingly. 1.40.1.4. Payments of appropriated or other funds to Contractor under any resulting agreement are not prohibited by Texas Government Code §556.005 or §556.008. 1.40.2. Suspension, Ineligibility, and Voluntary Exclusion. Executive Orders 12549, 13224 and 12689 require DFPS to screen each covered Contractor to determine whether each has a right to obtain a contract in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Contractor certifies the following: 1.40.2.1. That Contractor is, to the best of its knowledge and belief, not on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or any resulting contract. 1.40.2.2. That Contractor will not knowingly enter into any subcontract with a person who is on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by DFPS or the U.S. Department of Health and Human Services or U.S. Treasury Department, as applicable. 1.40.2.3. That Contractor will include this section regarding debarment, suspension, ineligibility, and voluntary exclusion, and the specially designated nationals list without modification in any subcontracts or solicitations for subcontracts. 1.40.3. Child Support. Under Texas Family Code Section 231.006, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 1.40.4. Drug -Free Workplace Certification. Contractor certifies that it will or will continue to provide a drug -free workplace by: 1.40.4.1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 1.40.4.2. Establishing an ongoing drug -free awareness program to inform employees about - 1.40.4.2.1. The dangers of drug abuse in the workplace; Page 13 of 17 Texas Dept. of Family Form 2282 and Protective Services June 2013 Purchased Client Services Contract 1.40.4.2.2. The grantee's policy of maintaining a drug -free workplace; 1.40.4.2.3. Any available drug counseling, rehabilitation, and employee assistance programs; and 1.40.4.2.4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 1.40.4.3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement; 1.40.4.4. Notifying the employee in the statement that, as a condition of employment under the grant, the employee will - 1.40.4.4.1. Abide by the terms of the statement; and 1.40.4.4.2. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 1.40.4.5. Notifying the agency in writing, within ten calendar days after receiving notice from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices. Notice will include the identification number(s) of each affected grant; 1.40.4.6. Taking one of the following actions, within 30 calendar days of receiving notice, with respect to any employee who is so convicted - 1.40.4.6.1. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 1.40.4.6.2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; 1.40.4.6.3. Making a good faith effort to continue to maintain a drug -free workplace. 1.40.5. Anti -Trust Certification. Pursuant to 15 U.S.C. Sec. 1, et seq. and Tex. Bus. & Comm. Code Sec. 15.01, et seq., Contractor certifies that neither the Contractor nor the firm, corporation, partnership, or institution represented by the Contractor, or anyone acting for such a firm, corporation, or institution has violated the anti -trust laws of this state, federal anti -trust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. 1.40.6. Deceptive Trade Practices. Contractor certifies that it has not been found guilty or liable of a Deceptive Trade Practices Act or any unfair business practice either in an administrative hearing or court suit within the last 5 years. Contractor certifies that it has no officers who have served as officers of other entities who have been found guilty or liable of a Deceptive Trade Practices Act or any unfair business practice either in an administrative hearing or court suit within the last 5 years. Contractor represents and warrants that within the last five years it has not been found guilty or liable of any investigation or proceeding by any federal or state securities regulator under any federal or state securities laws or regulations. 1.40.7. Prohibited Responses and Contracts. Pursuant to Texas Government Code §2155.004 -006, Contractor certifies that the individual or business entity named in this form is eligible to receive the specified contract and acknowledges that any contract concerning this certification may be Page 14 of 17 Texas Dept. of Family Form 2282 and Protective Services June 2013 Purchased Client Services Contract Page 15 of 17 terminated and payment withheld if this certification is inaccurate. 1.40.8. Financial Interests and Gifts. Contractor certifies that neither Contractor nor any person or entity that will participate financially in a contract has received compensation from DFPS for participation in preparation of specifications for a contract. Contractor certifies that it has not given, offered to give, and does not intend to give at any time, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any public servant or employee in connection with a contract. 1.41. Incorporation by Reference. The following documents are incorporated into the Contract for all purposes and are on file with the Department, the Contractor, and subcontractor(s). 1.41.1. DFPS Procurement: #530 -11 -0006 1.41.2. Form 2031, Signature Authority Designation 1.41.3. Form 4732, Request for Determination of Ability to Contract 1.41.4. Form 2030, Budget for Purchase of Service with Narrative, if applicable 1.41.5. Form 1513, Disclosure of Ownership and Control Interest Statement, if applicable 1.41.6. HUB Subcontracting Plan, if applicable 1.41.7. Form 9007 Cost Reimbursement, Internal Control Structure Questionnaire (ICSQ), if applicable 1.41.8. PEI Supplement 1.41.9. Cost Reimbursement Supplement 1.41.10. Performance Measures Attachment 1.41.11. Plan of Operation 1.41.12. Policy and Procedures Manual 1.41.13. Policy Clarifications sent by the Department 1.42. Vendor Performance. Pursuant to Section 2155.144 (K) of the Texas Government Code and 20.108 of the Texas Administrative Code, state agencies are required to report vendor performance on any purchase of $25,000 or more from contracts administered by the CPA or any other purchase made through an agency's delegated authority or a purchase made pursuant to the authority in Government Code, Title 10, Subtitle D or a purchase exempt from CPA's procurement rules and procedures. DFPS reports vendor performance by means of the Vendor Performance Tracking System (VPTS), which can be accessed online at: httE / /www. window. state .tx.us /procurement/prgq /vendor performance/ DFPS may use the VPTS to determine best value when awarding contracts in instances where past performance is included as a factor in the evaluation of a vendor for award. 1.43. Information Security Requirements. Contractor must comply with the following: 1.43.1 The DFPS IT Security Policy located at: E°tttp: / /www.dfps. state .tx.us /documents /PCS /Contractor Information Securit�.pdf 1.43.2 Health and Human Services Enterprise Information Security Standards and Guidelines 1.43.3 Title 1, Texas Administrative Code, Sections 202.1 and 202.3 -.28 Page 15 of 17 Texas Dept. of Family Form 2282 and Protective Services June 2013 Purchased Client Services Contract 1.43.4 Texas Human Resources Code, Section 40.005 1.43.5 Texas Family Code, Section 161.006(a) -(b) 1.43.6 Texas Family Code, Section 162.018 1.43.7 Texas Family Code, Subchapter C, Sections 261.201 -.203 1.43.8 Texas Family Code, Section 264.408 1.43.9 Texas Family Code, Section 264.511 1.43.10 Texas Health and Safety Code, Section 85.115 1.43.11 Title 40, Texas Administrative Code, Subchapter B, Sections 700.201 -.209 1.43.12 The Federal Information Security Management Act of 2002 (FISMA); 1.43.13 Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; 1.43.14 NIST Special Publication 800 -53 Revision 3 — Recommended Security Controls for Federal Information Systems and Organizations; and 1.43.15 NIST Special Publication 800 -47 — Security Guide for Interconnecting Information Technology Systems. 1.43.16 In addition to the requirements expressly stated in this Section, Contractor must comply with any other State or Federal law, regulation, or administrative rule relating to the specific DFPS program area that Contractor supports. 1.43.17 Upon reasonable notice, Contractor must provide, and cause its subcontractors and agents to provide, DFPS or its designee, prompt, reasonable, and adequate access to any information security records, books, documents, and papers that are directly pertinent to the performance of the Contract including, but not limited to: 1.43.17.1 Contractor information security policies; 1.43.17.2 Contractor information security procedures; 1.43.17.3 Contractor information security standards; 1.43.17.4 Contractor information security guidelines; 1.43.17.5 Contractor security plan in compliance with NIST Special Publication 800 -53 Revision 3; 1.43.17.6 Contractor security violation reports; 1.43.17.7 Contractor employee security acknowledgement agreements; and 1.43.17.8 Lists of Contractor's employees, subcontractors, and agents with authorized access to DFPS confidential information. 1.43.18 Items 1.42.17.1 through 1.42.17.7 above are subject to DFPS' review and approval. Neither DFPS' review or approval, nor its failure to review or approve, will relieve, waive, or satisfy any of Contractor's obligations under this Agreement. 1.43.19 Contractor will provide, and will cause its subcontractors and agents to provide, to DFPS, upon reasonable notice, written certifications of compliance with controls and provisions relating to information security, including but not limited, those related to confidential data transfers and the handling and disposal of Personally Identifiable Information (PII). Acceptable forms of written compliance may be, but are not limited to: 1.43.19.1 Statement on Auditing Standards No.70, Service Organizations (SAS - 70) Report; 1.43.19.2 General Security Controls Audit; 1.43.19.3 Application Controls Audit; 1.43.19.4 Vulnerability Assessment; and 1.43.19.5 Network /Systems Penetration Test. 1.44. Survivability. All obligations and duties of the Contractor not fully performed as of the expiration or termination of this Contract will survive the expiration or termination of the Page 16 of 17 Texas Dept. of Family Form 2282 and Protective Services June 2013 Purchased Client Services Contract Contract. 2. SERVICES 2.1. This Contract incorporates Section 2 of Procurement # 530 -11 -0006 in its entirety as Section 2 of this Contract. 3. UTILIZATION AND COMPENSATION 3.1. This Contract incorporates Section 3 of Procurement # 530 -11 -0006 in its entirety as Section 3 of this Contract. 4. SIGNATURE 4.1. This Contract constitutes the entire legal and binding agreement between the parties, who have duly authorized, executed, and delivered this Contract in accordance with its terms. The undersigned representatives have the authority to execute and agree to this Contract on behalf of their respective represented party. 4.2. Texas Department of Family and Contractor Protective Services City of Corpus Christi Signature Signature Printed Name: Audrey Deckinga Printed Name: Michael Morris Title: Assistant Commissioner for Child Title: Director of Parks and Recreation Protective Services Date Date Page 17 of 17 FY 2014 Performance Measures for Community Youth Development (CYD) Program Procurement Number: 530 -11 -0006 Attachment I Goal of the Contract: To prevent delinquency in Target Youths Output Measures Output #1: The expected average number of Target Youths are served monthly. Performance Period: Contractor performance for this output is determined for each month of the contract period, either wholly or partially, depending on the contract start and end dates. Indicator: Average number of unduplicated Target Youths served in the Contractor's CYD Program each month Target: 430 Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program Data Source: PEIS Database Methodology: The numerator is the total number of unduplicated Target Youths served by the Contractor during the most recent completed month, added to the total number of unduplicated Target Youths served by the Contractor during each previous completed month (if any). The denominator is the total number of completed months. Divide the numerator by the denominator. Output #2: The expected number of Target Youths are served during the contract period. Performance Period: Contractor performance for this output is determined annually but measured quarterly throughout the contract period. Indicator: Total number of unduplicated Target Youths served in the Contractor's CYD Program during the contract period. Target: 1376 Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program Data Source: PEIS Database Methodology: Total number of unduplicated Target Youths with unique client ID numbers that were served by the Contractor during the contract period. Output #3: Pre - Service and Post - Service Protective Factors Survey Questionnaires are completed by the 6 -9 year old Target Youths served. Performance Period: Contractor performance for this output is determined annually but measured quarterly throughout the contract period. Indicator: Percentage of eligible 6 -9 year old Target Youths served in the Contractor's CYD Program from whom completed Pre - Service Protective Factors Survey Questionnaires and matching Post - Service Protective Factor Survey Questionnaires are obtained by the Contractor Target: 60% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources: PEIS Database Methodology: The numerator is the number of eligible 6 -9 year old Target Youths served by the Contractor during the contract period from whom completed Pre - Service Protective Factors Survey Questionnaires and matching Post - Service Protective Factor Survey Questionnaires were obtained. The denominator is the total number of eligible 6 -9 year old Target Youths served by the Contractor during the contract period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Output #4: Pre - Service and Post - Service Protective Factors Survey Questionnaires are completed by the 10 -17 year old Target Youths served. Performance Period: Contractor performance for this output is determined annually but measured quarterly throughout the contract period. Indicator: Percentage of eligible 10 -17 year old Target Youths served in the Contractor's CYD Program from whom completed Pre - Service Protective Factors Survey Questionnaires and matching Post - Service Protective Factor Survey Questionnaires are obtained by the Contractor Target: 60% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources PEIS Database Methodology: The numerator is the number of eligible 10 -17 year old Target Youths served by the Contractor during the contract period from whom completed Pre - Service Protective Factors Survey Questionnaires and matching Post - Service Protective Factor Survey Questionnaires were obtained. The denominator is the total number of eligible 10 -17 year old Target Youths served by the Contractor during the contract period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Outcome Measures Outcome #1: 6 -9 year old Target Youths report an increase in the protective factors. Performance Period: Contractor performance for this outcome is determined annually. Indicator: Percentage of unduplicated 6 -9 year old Target Youths who indicate an absolute increase in protective factors, as determined by comparison of the Pre - Service Protective Factors Survey scores to the Post - Service Protective Factors Survey scores Target: 75% (The Contractor's ability or inability to meet or exceed this target will not be the sole means for assessing their success in providing the contracted client services. DFPS reserves the right to revise the target for this outcome measure for any subsequent contract periods based on statewide Contractor performance data.) Purpose: To evaluate the Contractor's success at increasing protective factors in the 6 -9 year old Target Youths who are served by the Contractor's CYD Program Data Sources: PEIS Database Methodology: For each eligible 6 -9 year old Target Youth from whom both Pre- and Post - Service Protective Factors Survey Questionnaires are obtained by the Contractor: 1. Calculate the scores for both the Pre- and Post - Service Questionnaires per instructions in the Protective Factors Survey User Manual. 2. For each set of matching Pre- and Post - Service Questionnaires from the same 6 -9 year old Target Youth, subtract the score in the Pre - Service Protective Factors Survey Questionnaire from the corresponding score in the Post - Service Protective Factors Survey Questionnaire to determine an absolute increase, if any. 3. Count the number of Post - Service Protective Factors Survey Questionnaires that indicate an absolute increase. 4. The numerator is the number of Post - Service Protective Factors Survey Questionnaires that indicate an absolute increase in the score. The denominator is the total number of Post - Service Protective Factors Survey Questionnaires completed by eligible 6 -9 year old Target Youths. Divide the numerator by the denominator, multiply by 100 and state as a percentage. (The Contractor must meet or exceed the target for Output #3 in order to achieve the target for this outcome.) Outcome #2: 10 -17 year old Target Youths report an increase in the protective factors. Performance Period: Contractor performance for this outcome is determined annually. Indicator: The number of Protective Factors Survey subscales (protective factors) for which 10 -17 year old Target Youths indicate an absolute increase by comparing Pre - Service Protective Factors scores to Post - Service Protective Factors scores. Target: One protective factor for which 75% of 10 -17 year old Target Youths indicate an absolute increase (The Contractor's ability or inability to meet or exceed this target will not be the sole means for assessing their success in providing the contracted client services. DFPS reserves the right to revise the target for this outcome measure for any subsequent contract periods based on statewide Contractor performance data.) Purpose: To evaluate the Contractor's success at increasing protective factors in the 10 -17 year old Target Youths who are served by the Contractor's CYD Program I Data Sources: PEIS Database I Methodology: For each eligible10 -17 year old Target Youth from whom both Pre- and Post - Service Protective Factors Survey Questionnaires are obtained by the Contractor: 1. Calculate the subscale scores for both the Pre- and Post - Service Questionnaires per instructions in the Protective Factors Survey User Manual. 2. For each 10 -17 year old Target Youth, subtract the subscale scores in the Pre - Service Protective Factors Survey Questionnaire from the corresponding subscale scores in the Post - Service Protective Factors Survey Questionnaire to determine an absolute increase, if any. 3. For each subscale, count the number of Post - Service Protective Factors Survey Questionnaires that indicate an absolute increase. 4. For each subscale, the numerator is the number of Post - Service Protective Factors Survey Questionnaires that indicate an absolute increase in that subscale score (protective factor). The denominator is the total number of Post - Service Protective Factors Survey Questionnaires completed by eligible10 -17 year old Target Youths. Divide the numerator by the denominator, multiply by 100 and state as a percentage. 5. Count the number of subscales (protective factors) for which the percentage equals 75% or more. (The Contractor must meet or exceed the target for Output #4 in order to achieve the target for this outcome.) Outcome #3: 10 -16 year old Target Youths served in the Contractor's CYD Program will not engage in delinquent behavior. Outcome Performance Period: Contractor performance for this outcome is determined annually. Outcome Indicator: Percentage of 10 -16 year old Target Youths that are not referred to a county juvenile probation program while registered in and receiving services from the Contractor's CYD Program Outcome Target: 95% Purpose: To evaluate the Contractor's success in providing services that deter delinquent behavior in 10 -16 year old Target Youths receiving services from the CYD Program Data Sources: Texas Juvenile Justice Department database and PEIS database Methodology: The numerator is the total number of unduplicated 10 -16 year old Target Youths served in the Contractor's CYD Program during the contract period who were also referred to a county juvenile probation program while registered in the Contractor's CYD Program. An existing protocol for matching youth data maintained in the CYD database with youth data maintained by the Texas Juvenile Justice Department database will be used to establish the numerator. The denominator is the total number of unduplicated 10 -16 year old Target Youths served in the Contractor's CYD Program during the contract period. Divide the numerator by the denominator, subtract this number from one, multiply by 100 and state as a percentage. Definitions Absolute Increase — A documented increase in the score for the Post - Service Protective Factors Survey Questionnaire relative to the corresponding score for the matching Pre - Service Protective Factors Survey Questionnaire. Completed Protective Factors Survey Questionnaire — For the Child (age 6 -9) Protective Factors Survey Questionnaire, the Child must have responded to a minimum of 15 items. For the Youth (age 10 -17) Protective Factors Survey Questionnaire, the Youth must have responded to a minimum of 20 items. Contract Period — The total length of this time frame is limited to all or part of the current fiscal year and shall not exceed 12 months. Eligible (to respond to the Post - Service Protective Factors Survey Questionnaire) — A 6 -17 year old Target Youth that has completed a Pre - Service Protective Factors Survey Questionnaire and; • Completed the prescribed CYD Program; or • Participated in the CYD Program for 12 months from the date the Pre - Service Protective Factors Survey Questionnaire was completed. The Post - Service Protective Factors Survey Questionnaire must be the same version (Age 6 -9 or Age 10 -17) that was administered to the youth as the Pre - Service Protective Factors Survey Questionnaire. The youth's age is calculated as of the date of registration or September 1St of the current fiscal year if the youth was registered in a previous fiscal year. Eligible (to respond to the Pre - Service Protective Factors Survey Questionnaire) — A 6 -17 year old Target Youth must be newly registered into the CYD Program during the current contract period. The youth's age is calculated as of the date of registration in the contract period assessed. Post - Service Protective Factors Survey Questionnaire — A tool identical to the Pre - Service Protective Factors Survey Questionnaire administered to the 6 -17 year old Target Youth following the receipt of services and designed to assess changes in the levels of the Target Youth's protective factors. Pre - Service Protective Factors Survey Questionnaire — A tool administered to the 6 -17 year old Target Youth prior to the receipt of services and designed to assess the levels of the Target Youth's protective factors. Protective Factors — Personal characteristics or environmental conditions that interact with risk factors to reduce the likelihood of problem behaviors. Subscale — Groups of questions on the Youth (age 10 -17) Protective Factor Survey Questionnaire indicative of one of five protective factors: Family Bonding /Communication; School Involvement; Individual Self- Esteem /Self- Efficacy; Positive Peer Association; Community Involvement. Target Youths — Youths through 17 years of age who live in and /or attend school in one of the designated ZIP Code areas or attend school at another eligible public middle or high school located outside of the designated ZIP Code area that has at least 30% enrollment from the designated ZIP Code area as determined by DFPS. Unduplicated Target Youth — A Target Youth with a unique client ID number who receives at least one service is only counted one time during the performance period. Texas Dept. of Family Cost Reimbursement Supplement for 2282 March 2010 and Protective Services Attachment II 1. Cost Reimbursement Contract. 1.1. Basis for Payment. DFPS is not obligated to pay unauthorized costs or to pay more than Contractor's allowable and actually incurred costs consistent with federal and state regulations. Contractor is responsible for submitting bills in an accurate and timely manner for each service period and for notifying the Department of a need to expedite payment. DFPS will make reasonable efforts to process all bills received in an accurate and timely manner, but does not warrant immediate payment. 1.2. Regulation Compliance. Contractor will remain in compliance with 45 CFR Part 74 as applicable, Office of Management and Budget (OMB) Circulars A -133, A -110, A- 21, A -87, and A -122 as applicable, the Uniform Grant Management Standards (UGMS) as applicable, and 40 Texas Administrative Code JAC) § §732.240 -256 as applicable. The reimbursement made to Contractor will not exceed Contractor's actual costs to provide the services under this Contract and Contractor's actual costs, both direct and indirect, must be allowable, reasonable, and allocable. 1.3. Physical Property. Contractor will assume responsibility for the protection of all physical property and equipment purchased under this Contract. Contractor must furnish DFPS with a written, factual report of the theft of, or damage to, any equipment purchased under this contract, including circumstances concerning the loss. In addition, in the event of any theft, vandalism, or other offense against the properties, Contractor will notify appropriate local law enforcement authorities. 1.4. Equipment. Equipment is any article of tangible nonexpendable personal property having a useful life of more than one year and an acquisition cost that equals or exceeds the lesser of: the capitalization level established by the contractor for financial statement purposes or $5,000. Contractor will follow the provisions of Title 45 Code of Federal Regulations (CFR) Part 74 regarding disposition of any equipment purchased under this Contract with funds allocated to Contractor or its subcontractor. Contractor will not give any security interest, lien, or otherwise encumber any item of equipment purchased with contract funds. Contractor will permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. Contractor will maintain a current inventory of equipment that is available to the Department at all times upon request. Cost reimbursement contractors must also follow the following guidelines when contracting with DFPS. 1.4.1. Cost reimbursement contractors must add certain types of equipment items that are classified as "controlled assets" as designated in the Comptroller's State Property Accounting (SPA) Process User's Guide, available on the Internet, to their inventory. Contractors should review the SPA guide periodically for the most current list. 1.4.2. All cost reimbursement contractors must follow the American Hospital Association's (AHA) "Estimated Useful Lives of Depreciable Hospital Assets" for equipment disposition purposes, except when federal or statutory requirements supersede. 1.4.3. Contractors must request DFPS approval before disposing of equipment or controlled assets prior to the end of the useful life for that item. 1.4.4. Any change to the equipment category in a cost reimbursement budget will require prior approval from the Department. Page 1 of 2 Texas Dept. of Family Cost Reimbursement Supplement for 2282 March 2010 and Protective Services Attachment II 2. Minimum Insurance Standards. 2.1. Contractor will provide insurance for direct delivery of services 48 hours prior to contract signing. Contractor will obtain and furnish proof of the following bonding and insurance coverage within forty -eight (48) hours of the award of the Contract or at such other time as specified by DFPS. The required coverages are: 2.1.1. Dishonesty bonding under a commercial crime policy or business services bonding, at a ten thousand dollar ($10,000.00) minimum; and 2.1.2. Commercial General Liability Coverage at a three hundred thousand dollar ($300,000) minimum for each occurrence limit, and six hundred thousand dollar ($600,000) minimum aggregate limit. The Department will be provided with ample written notice of policy or bond cancellation or material change in the policy or bond. 2.1.3. [Add the following if professional liability insurance is required.] Contractor must provide and furnish evidence of professional liability insurance with the minimum limits of $300,000.00 per occurrence and $600,000.00 aggregate. 2.2. The Contractor will purchase coverage with insurance companies or carriers rated for financial purposes "B" or higher whose policies cover risks located in the State of Texas. All bonds, policies, and coverage will be maintained during the entire term of contract. 2.3. All required insurance policies will include an endorsement stating that the Department will be given thirty (30) calendar days written notice of policy or bond cancellation or a material change in the policy or bond. Page 2 of 2 Attachment III Texas Dept. of Family and Protective Services Prevention and Early Intervention Supplement Program Name: CYD Plan changes and Supplemental bills. Plan changes to budgets and plan of operations are limited to a total of three (3) during the fiscal year with the final plan change to be submitted no later than June 1. Any additional request for plan changes will require a waiver prior to requesting the change. All waiver requests must be submitted to the contract manager with the original signature of the contract's authorized signatory and must completely document specific compelling reasons for the request. Waiver requests must be submitted at least 30 days in advance of the anticipated plan change and are subject to DFPS's approval. Supplemental bills will be accepted once a quarter (due dates to be determined by DFPS) to submit costs not included on the main monthly bill or if additional costs exceed $2,500. Only one supplemental bill may be submitted for each month, so all additional costs must be included. 2. Automated Background Checks. All staff and volunteers that work or will work on the contract are required to have background checks conducted through the Automated Background Check System (ABCS) regardless of whether they have contact with client or client information or if salary is reimbursed through the contract. This includes, but not limited to, Executive Directors and Chief Financial Officers. Forms 2970c and 2971c should be updated when checks are updated every two years and the forms must be kept on file. 3. Performance Measures Reporting. Contractor is required to review performance measure reports from the Prevention and Early Intervention System Database and the STAR database on a monthly basis. Contractor is required to submit the downloaded database reports that reflect all performance measures and a corrective action plan to DFPS no later than 30 days after the end of the first, second, and third quarters for each performance measure that is off track. A corrective action plan must include: (1) a statement of the problem, (2) the proposed steps to be taken, (3) a timeline for each step, (4) the person(s) responsible for implementing each step, and (5) the person responsible for oversight of the plan to ensure it is implemented correctly. The corrective action plan must be submitted on the required template and must outline the measures that will be taken by contractor to address each performance measure that is off track. 4. Cultural Competency. 3 hours of Cultural competency training is required annually for all staff on your DFPS contract. New hires must receive cultural competency training within 60 days after the hire date and annually thereafter. Documentation to support training must be maintained by contractor for review by DFPS. 5. Program Forms and Social Security Numbers. Contractor is required to complete all fields of program forms in their entirety, including any social security number fields. If a client refuses to provide their social security number, contractor must document refusal in the case file. The expectation is that contractors make a good faith effort to obtain social security numbers and other information listed on the program form. Items with an asterisk May 2010 Attachment III Texas Dept. of Family and Protective Services on program forms are required fields in the database; however, the expectation is that the form is completed thoroughly Primary caregivers must sign program forms giving consent for services prior to the provision of services. 6. Contractual Obligations. Pursuant to Section 1.28 of the contract, a contractor's acceptance of funds directly under the contract or indirectly through a subcontract acts as acceptance of the authority of the state, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. In accordance with the legislative audit committee, DFPS can request any documentation, at any time, to be sent to DFPS to a location DFPS chooses. Examples of documentation that may be requested includes, but is not limited to, client files in their entirety (progress notes, action plans, registration forms, protective factor surveys, sign in sheets, monthly tracking forms, referral information, etc.), invoices that support monthly billings, a contractor's full general ledger, etc. May 2010 CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2014 -1 This contract ( "Contract ") is entered into by the City of Corpus Christi ( "City" or "Fiscal Agent ") and the following named Subcontractor: CITY: SUBCONTRACTOR: City of Corpus Christi- P &R Dept. - CYD Boys & Girls Club of Corpus Christi 615 Leopard, Ste 105 3902 Greenwood Drive Corpus Christi, TX 78401 Corpus Christi, TX 78416 Telephone: (361) 826 -4028 Telephone: (361) 361 - 853 -2505 FAX: (361) 826 -4038 FAX: (361) 361 - 853 -1943 Contact Person: Celina Pulcher Contact Person: Anne Baker Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ( "CYD ") funded by the Texas Department of Family and Protective Services ( "DFPS "). This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A -1) Plan of Operation (Attachment A -2) Program Requirements (Attachment A -3) Budget, Reimbursement Request Form & Budget Narrative (Attachments B -1, B -2, and 3-3) Standard Terms and Conditions (Attachment C) Subcontractor Certification, Form 4733 (Attachment D) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of Corpus Christi underthis Contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2013 Through: August 31, 2014 FUNDING OBLIGATION: Not to exceed $53,337.00 for FY 2014 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: Armando Chapa City Secretary Legal form approved , 2013; By: Name: Title: City of Corpus Christi Ron Olson City Manager Subcontractor: Boys & Girls Club of Corpus Christi By: 44�— Anne Baker, Chief Professional Officer Date: 7-,P?- ! 3 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM Boys & Girls Club of Corpus Christi TABLE OF CONTENTS Page No. Contract Cover Sheet Tableof Contents ............................................................... ..............................i Contracted Performance Measures (Attachment A -1) ... ..............................1 Plan of Operation (Attachment A -2) ................................. ..............................6 Program Requirements (Attachment A -3) ........................ .............................16 Budget Information Forms (Attachment B- 1) ................... .............................18 Reimbursement Request Form (Attachment B- 2) ............ .............................21 Budget Narrative (Attachment B -3) ................................... .............................23 Standard Terms and Conditions (Attachment C) ............. .............................25 Sections 1. Legal Authority 2. Independent Contractor 3. Financial Limitation 4. Liability for Payment 5. Changes and Amendments 6. Accounting Requirements 7. Record Keeping /Reporting Requirements 8. Subcontracting 9. Publicity 10. Technical Assistance 11. Monitoring and Assessment 12. Property 13. Taxes 14. Disputes 15. Independent Audit 16. Prevention of Conflicting Interests 17. Fraud and Abuse Prevention 18. Indemnification 19. Sectarian Involvement Prohibited 20. Political Activity /Lobbying 21. Non - Discrimination and Equal Opportunity 22. Reporting Abuse, Neglect, or Exploitation 23. Health and Safety Standards 24. Insurance 25. Debarment and Suspension 26. Notice and Assistance Regarding Patent and Copyright Infringement 27. Disclosure of Confidential Information 28. Communications 29. General Standards of Performance 30. Entire Agreement 31. Contingent on Funding 32. Trainer Qualifications 33. Termination 34. Force Majeure 35. Monthly Performance Review 36. Suspension of Payments 37. Repayment of Funds 38. Subcontractor Compliance with Primary Contract Subcontractor Certification, Form 4733 (Attachment D) .........................42 ii Attachment A 1 'Performance Measures Qty of Corpus Christi 78415 CYD Program Attachment AA Contractor: Boys& Girlsaub Program Name: After S�hool and Simmer Programs Contract Number: 23792861 -1 Contract Period: SBptember 1, 2013 EiAugust 31, 2014 Performance Measures: Pursuant to Texas Human FbsourcesGode $40.058 all contractsfor client services must include dearly defined goals and outcomesthat can be measured to determine whether the objectives of the program are being achieved. The City will use the following Performance Measures to evaluate the success of the Sib -/ =6* fd6f performance of services under this contract. Goal of the Contract: To prevent delinquency in Target Youths Goal of the Contract: To prevent delinquency in Target Youths OUTPUT M EASUF ES OUTPUT #1: The expected average number of Target Youths are served monthly. Performance Period: Contractor performance for this output is determined for each month of the contract period, either wholly or partially, depending on the contract start and end dates. Indicator: Average number of unduplicated Target Youths served in the/ o■6* d6f C:YD Program each month Target: 25-31 Purpose: To evaluate the / o■6* d6f effort at providing servicesto youths in the C:YD Program Data Source: PBSDatabase Methodology: The numerator is the total number of unduplicated Target Youths served by the Contractor during the most recent completed month, added to the total number of unduplicated Target Youths served by the Contractor during each previous completed month (if any). The denominator is the total number of completed months. Divide the numerator by the denominator. OUTPUT#2: The expected average number of Target Youths are served during the contract period. Performance Period: Contractor performance for this output is determined annually but measured quarterly throughout the contract period. Indicator: Total number of unduplicated Target Youths served in the / =6* fd6f C:YD Program during the contract period. Target: 300 - 380 Purpose: To evaluate the / o■6* d6f effort at providing servicesto youths in the C:YD Program Data Source: PBSDatabase Methodology: Total number of unduplicated Target Youthswith unique client ID numbersthat were served by the Contractor during the contract period. Attachment A 1 'Performance Measures Qty of Corpus Christi 78415 CYD Program OUTPUT#3: Pre - Service and Post- Service Protective Factors Survey Questionnaires are completed by the 6-9 year old Target Youths served. Performance Period: Contractor performance for this output is determined annually but measured quarterly throughout the contract period. Indicator: Percentage of eligible 6 -9 year old Target Youths served in the/ =6* fd6f CYD Program from whom completed Pre - Service Protective Factors Sirvey Questionnaires and matching Rost- Service Protective Factor SArvey Questionnaires are obtained by the Contractor Target: 60% Purpose: To evaluate the/ o■6* d6f effort at obtaining outcome data Data Sources: PBSDatabase Methodology: The numerator is the number of eligible 6 -9 year old Target Youths served by the Contractor during the contract period from whom completed Pre-cbrvice Protective Factors Sarvey Questionnaires and matching Rost- Service Protective Factor Sarvey Questionnaires were obtained. The denominator is the total number of eligible 6 -9 year old Target Youths served by the Contractor during the contract period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. OUTPUT#4: Pre -Service and Post -Service Protective Factors Survey Questionnaires are completed by the 10-17 year old Target Youths served. Performance Period: Contractor performance for this output is determined annually but measured quarterly throughout the contract period. Indicator: Percentage of eligible 10 -17 year old Target Youths served in the/ =6* fd6f CYD Program from whom completed Pre - Service Protective Factors Sirvey Questionnaires and matching Post - Service Protective Factor SArvey Questionnaires are obtained by the Contractor Target: 60% Purpose: To evaluate the/ o■6* d6f effort at obtaining outcome data Data Sources PBSDatabase Methodology: The numerator is the number of eligible 10 -17 year old Target Youths served by the Contractor during the contract period from whom completed Pre-cbrvice Protective Factors Sarvey Questionnaires and matching Post - Service Protective Factor Sirvey Questionnaires were obtained. The denominator is the total number of eligible 10 -17 year old Target Youths served by the Contractor during the contract period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. 61 L • Ail ki OUTOOM E #1: 6 -9 year old Target Youths report an increase in the protective factors Performance Period: Contractor performance for this outcome is determined annually. 2 Attachment A 1 'Performance Measures Qty of Corpus Christi 78415 CYD Program Indicator: Percentage of unduplicated 6 -9 year old Target Youthswho indicate an absolute increase in protective factors, as determined by comparison of the Pre - Service Protective Factors Sirvey scores to the Rost-Service Protective Factors Sirvey scores Target: 75 %(The / =6* (d6f ability or inability to meet or exceed this target will not be the sole means for assessing their success in providing the contracted client services. DFPSreserves the right to revise the target for this outcome measure for any subsequent contract periods based on statewide Contractor performance data.) Purpose: To evaluate the / um6*fd6f success at increasing protective factors in the 6 -9 year old Target Youthswho are served by the / um6*fd6f CYD Program Data Sources: PBSDatabase Methodology: For each eligible 6 -9 year old Target Youth from whom both Pre- and Rost-Service Protective Factors Sirvey Questionnaires are obtained by the Contractor: 1. Calculate the scores for both the Pre- and Rost-Service Questionnaires per instructions in the Protective FactorsSarvey User Manual. 2. For each set of matching Pre- and Post - Service Questionnaires from the same 6 -9 year old Target Youth, subtract the score in the Pre - Service Protective Factors Sirvey Questionnaire from the corresponding score in the Post - Service Protective Factors Sirvey Questionnaire to determine an absolute increase, if any. 3. Count the number of Post - Service Protective Factors Sirvey Questionnaires that indicate an absolute increase. 4. The numerator is the number of Post - Service Protective Factors Sirvey Questionnaires that indicate an absolute increase in the score. The denominator is the total number of Post - Service Protective Factors Sirvey Questionnaires completed by eligible 6 -9 year old Target Youths. Divide the numerator by the denominator, multiply by 100 and state as a percentage. (The Contractor must meet or exceed the target for Output #3 in order to achieve the target for this outcome.) OUTCOM E#2: 10 -17 year old Target Youths report an increase in the protective factors Performance Period: Contractor performance for this outcome is determined annually. Indicator: The number of Protective Factors Sirvey subscales (protective factors) for which 10 -17 year old Target Youths indicate an absolute increase by comparing Pre - Service Protective Factors scores to Post - Service Protective Factor scores. Target: On protective factor which 75 %of 10 -17 year old Target Youths indicated an absolute increase (The / =6* (d6f ability or inability to meet or exceed thistarget will not be the sole meansfor assessing their success in providing the contracted client services. DFPSreservesthe right to revise the target for this outcome measure for any subsequent contract periods based on statewide Contractor performance data.) Purpose: To evaluate the / um6*fd6f success at increasing protective factors in the 10 -17 year old Target Youthswho are served by the / um6* fd6f CYD Program Data Sources: PBSDatabase Methodology: For each eligible10 -17 year old Target Youth from whom both Pre- and Post - Service 3 Attachment A 1 'Performance Measures Qty of Corpus Christi 78415 CYD Program Protective Factors Sirvey Questionnaires are obtained by the Contractor: 1. Calculate the subscale scores for both the Pre- and Post- Service Questionnaires per instructions in the Protective Factors Sirvey User Manual. 2. For each 10 -17 year old Target Youth, subtract the subscale scores in the Pre - Service Protective Factors Sirvey Questionnaire from the corresponding subscale scores in the Post- Service Protective Factors Sirvey Questionnaire to determine an absolute increase, if any. 3. For each subscale, count the number of Post- Service Protective Factors Sirvey Questionnaires that indicate an absolute increase. 4. For each subscale, the numerator is the number of Post- Service Protective Factors Sirvey Questionnaires that indicate an absolute increase in that subscale score (protective factor). The denominator is the total number of Post - Service Protective Factors Sirvey Questionnaires completed by eligible10 -17 year old Target Youths. Divide the numerator by the denominator, multiply by 100 and state as a percentage. 5. Count the number of subscales (protective factors) for which the percentage equals 75 %or more. (The Contractor must meet or exceed the target for Output #4 in order to achieve the target for this outcome.) OUTQOM E#3:10-16 year old Target Youths served in the / =6351'(d' k CYD Procram will not engage in delinquent behavior. Outcome Performance Period: Contractor performance for this outcome is determined annually. Outcome Indicator: Percentage of 10 -16 year old Target Youths that are not referred to a county juvenile probation program while registered in and receiving services from the/ o■6* d6f CYD Program Outcome Target: 95% Purpose: To evaluate the/ o■6* d6f success in providing services that deter delinquent behavior in 10 -16 year old Target Youths receiving services from the CYD Program Data Sources: Texas Juvenile Justice Department database and PBSdatabase Methodology: The numerator is the total number of unduplicated 10 -16 year old Target Youths served in the / =6* fd6f CYD Program during the contract period who were also referred to a countyjuvenile probation program while registered in the/ um6* fd6f CYD Program. An existing protocol for matching youth data maintained in the CYD database with youth data maintained by the Texas Juvenile Justice Department database will be used to establish the numerator. The denominator is the total number of unduplicated 10 -16 year old Target Youths served in the / =6* fd6f CYD Program during the contract period. Divide the numerator by the denominator, subtract this number from one, multiply by 100 and state as a percentage. DEFIN111ONS Absolute Increase EiA documented increase in the score for the Pbst- Service Protective Factors Sirvey Questionnaire relative to the corresponding score for the matching Pre - Service Protective Factors Sirvey Questionnaire. Il Attachment A 1 'Performance Measures Qty of Corpus Christi 78415 CYD Program Completed Protective Factors Survey Questionnaire For the Child (age 6 -9) Protective Factors Sjrvey Questionnaire, the Child must have responded to a minimum of 15 items. For the Youth (age 10 -17) Protective Factors S.arvey Questioned re, the Youth must have responded to a minimum of 20 items. Contract PLeriod -The total length of thistime frame is limited to all or part of the current fiscal year and shall not exceed 12 months. Bicible (to respond tothe Post- Service Protective Factors Survey Questionnaire) EA6 -17 year old Target Youth that has completed a Pre - Service Protective Factors Sarvey Questionnaire and; • Completed the prescribed C:YD Program; or • Participated in the CYD Program for 12 months from the date the Pre - Service Protective Factors Sarvey Questionnaire was completed. The Post - Service Protective Factors Sarvey Questionnaire must be the same version (Age 6 -9 or Age 10- 17) that was administered to the youth as the Pre - Service Protective Factors Sarvey Questionnaire. The youth's age is calculated as of the date of registration or September 1st of the current fiscal year if the youth was registered in a previous fiscal year. Bicible (to respond to the Pre - Service Protective Factors Survey Questionnaire) -A 6 -17 year old Target Youth must be newly registered into the C:YD Program during the current contract period. The Tflj dl�f age is calculated as of the date of registration in the contract period assessed. Post- Service Protective Factors Survey Questionnaire EiAtool identical to the Pre - Service Protective Factors Sarvey Questionnaire administered to the 6 -17 year old Target Youth following the receipt of services and designed to assess changes in the levels of the Target ooj d! f protective factors. Pre - Service Protective Factors Survey Questionnaire EAtool administered to the 6 -17 year old Target Youth prior to the receipt of services and designed to assess the levels of the Target ooj d! f protective factors. Protective Factors EiPersonal characteristics or environmental conditions that interact with risk factors to reduce the likelihood of problem behaviors. Subscale EiGroups of questions on the Youth (age 10 -17) Protective Factor Sarvey Questionnaire indicative of one of five protective factors: Family Bonding/ Communication; School Involvement; Individual Srlf- Esteem /Self - Efficacy; Positive Peer Association; Community Involvement. Target Youths - Youthsthrough 17 years of agewho live in and /or attend school in one of the designated ZIPCode areas or attend school at another eligible public middle or high school located outside of the designated aPCode area that has at least 30 %enrollment from the designated aPCode area as determined by DFPS Unduplicated Target Youth EiATarget Youth with a unique dient ID number who receives at least one service is only counted one time during the performance period. 5 Attachment A-2 Ran of Operation Boys & Girls Club, 78415 C'D Program Output #1: Output #3: Average number of Average number of unduplicated youth served 32 unduplicated adults served 0 monthly* : monthly *: Output #2: Output #4: Number of unduplicated Number of unduplicated youth served during the fiscal 300 - 380 * ** adults served during the fiscal 0 "onr* * . year* * : Calculate the cost of the overall program per youth (Cost per = $Contract amount / # youth served annually.): $177.80 Please fill in the following chart to explain how you will reach your target outputs during the fiscal year. If dients will be served only in individual or group services, add the Annual Outputs for both services and enter the sum above. On the other hand, if dients will be served by BOTH individual AND group services, the annual outputs should be identical and that number should be entered above. Be sure to include all services that will be provided. Copy and paste multiple rows as needed. 10 Attachment A-2 ......Ran of Operation Boys & Girls Club, 78415 C'D Program Individuals: 1. Is this CYD Program a stand -alone program or component of a larger program? The program is the amalgam of all the separate services provided. ❑ Stand -alone ® Component of a larger program (Name of the larger program Boys& Girlsaub) 2. Check the services to be provided: ❑ Youth -Based Curriculum Activity ❑ Life Skills Casses ❑ Family -Based Curriculum Activity ❑ Mentoring ❑ Family Focused Service ❑ Youth Leadership Development ❑ Recreational Services ❑ Youth Advisory Committee Business ❑ AcademicSjpport Services 3. Check the protective factors this program will identify for change: ❑ Involvement with positive peer group activities and norms ❑ Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental/ guardian supervision ® Caring adults other than parent ❑ Strong bond between children and parents ❑ Emotional support and absence of severe criticism ❑ High parental expectations ® Clear rules and expectations ® Involvement with school/ community Attachment A-2 Ran of Operation Boys & Girls Club, 78415 GYD Program ® Friendship network ® Positive perception of self and others ❑ Races high values on helping others ❑ Sense of purpose 4. Describe the services to be provided. Be sure to include every service indicated in the check box above. After - school Program: M - F, 3:00 p.m. -6:00 p.m.; Includes: Power Hour and Triple Ray Athletic leagues: Basketball, Rag Football, Mck Ball and Volleyball Simmer Program: M -F, 8:00 a.m. -15:00 p.m.; includes: Triple Ray, Sivimming, educational programs Power Hour offers extended learning opportunities and educational enrichment programming during non - school hours. It helps to improve academic performance by providing the one -on -one help that many youth do not receive either at home or at school. audents are expected to complete homework assignments before participating in recreational activities. Triple Ray demonstrates how eating right, keeping fit and forming positive relationships add up to a healthy lifestyle. The focus is on three components: Mind, Body and Soul. We have an agreement with A &M School of Nursing that provides an added educational and mentoring component to our Triple Ray program. The student nurses come to the Cub twice each week to work with the kids and to serve their familieswith health issues. Athletic Leagues offer 6 -8 weeks of skill development in one particular sport, offering youth a chance to compete in organized sports leagues and learn good sportsmanship behavior as well as sense of responsibility and self- worth. We currently offer league opportunities to CYD kids in Basketball, Volleyball, NckbalI and Rag Football. 5. Identify the days and timesthat services will be provided. Be sure to indude every service indicated in the check box above. Service Academic Sipport (Power Hour) [during school year] Location Cub Day Monday - Friday Time 3:00 -6:00 Academic&jpport (Simmer) Cub Monday - Friday 8:00 -5:00 Recreational (After - school) [during school year] Cub Monday - Friday 3:00 -6:00 Recreational (Simmer) Cub Monday - iFriday 8:00 -5:00 Recreational (Athletic Leagues) [during school year] Cub Saturday 10:00 -13:00 6. Describe what startup activities will be necessary, including but not limited to hiring and training staff, I Attachment A-2 ......Ran of Operation Boys & Girls Club, 78415 GYD Program publiciangyour program in the community, and recruiting youth to the program. Provide a brief timeline for all activities. Our program has been in operation for years, so there is no need for r(CN4 � A CKEt -o begin serving 78415 youth in the next cycle of funding. However, we do provide ongoing training to current staff and orientation to all new staff (typically, summer only). We publicize our program in the community through visits to feeder schools and through the media on a regular basis. Fortunately, the quality of our programming is well known and recognized just through r6drr -of- of dIbE n our community. 7. Identify the frequency, intensity and duration of services for a client: The beauty of our programming is that it serves each child on a daily basis, everyday of the week during both the school year and summer. During the school year, on a daily basis, each child receives help in academics, opportunities to be physically active, and is fed a healthy snack after school. During the summer program each child is enriched through educational opportunities provided by A &M University students, is fed a hot meal and snack, and benefitsfrom swimming, fieldtrips and a variety of recreational programs. The frequency, intensity and duration of our services are what set us apart from any other youth development organization in our community. We truly believe we save lives, one child at a time, by being available throughout the year. When members attend the dub regularly, they are more likely to demonstrate positive outcomes. AcademicSupport (t u6gn Youth Daily 1 month 30 sessions I d ,� (30 days) month) 1 inn ,a.,., a,....... Recreation Services (includes Q44 t l►Tand Athletic Leagues as well as daily gym activities) Youth Daily 1 month 30 (30 days/ month) / u:XP■r :4M Af f JMmA4a0e -i ■ssr sr� 8. Describe specific strategies of the proposed program that will reduce or prevent the impact of juvenile Attachment A-2 Ran of Operation Boys & Girls Club, 78415 GYD Program crime. To prevent a child from embracingjuvenile crime, he /she needs: 1. to feel he/she r-C§dW 66;- 2. to experience academic success 3. To have fun in a safe, caring and nurturing environment. The Boys& GirlsCub provides each child with a means to fulfill these needs. 1. A member of the Boys & Girls Cub has a membership card that is scanned every day. This simple mechanism gives us the capability of tracking our kids, but it also givesthe child a very strong sense of cc de- S� o -- 2. The academic success achieved through one -on -one tutoring and the benefit of actually having an adult staff person care about each I' LL6(f academic performance is what enables our kids to succeed academically. 3. We provide a safe, caring and nurturing environment for each child. Cur Cub is a safe haven from the crime - filled environment of many neighborhoods where gang wars are adaily issue. Neighborhood - centered Cubs such as ours provide programming in specialized areas, including character development, educational enhancement and career exploration. Through a system of informal guidance, Cub staff form strong bonds with our members, helping them to make smart choices in life. For many Cub members, Cub staff are the most influential positive adult role models in their lives. 9. Identify the program target in terms of the specific number of unduplicated (the first time a youth is seen) CYD participants to be served over the proposed contract period. Describe any variances in the average number of youth served that may occur per month (i.e. December is typically slower because the program is dosed for half the month, etc). Our target is to serve 300 -380 youth over the contract period. Our experience has been that the average number of youth served on a daily basis during the school year will be less than during the summer. [twill also rise during the athletic league season (October through April); however the summer has always been our highest daily attendance season. 10. Describe how you will work to keep the duplication rate down to below 20% of the entire target. (Duplication rate is calculated by the number of youth that participate between programs). Keeping the duplication rate down to below 20 %of the entire target will certainly be a challenge, aswe do not have any control of what other services our youth may take advantage of outside of the Boys & Girls Cub. We will make every effort to work toward that goal by noting what other programs our clients are taking advantage of and trying to adjust accordingly. 11. If you have been previously funded by this program, what were your target goals and did you meet or exceed your target goals? We have always met our target goals, and we have often exceeded them. For the last few years our goals have been between 350 and 420 clients served. This year our goal was 463 and we met it on June 8 Eiwell before the end of the funding period. 12. Identify the target population to be served: 10 Attachment A-2 Ran of Operation Boys & Girls Club, 78415 GYD Program Isany part of the program designed to serve ages other than the CYD target population of 10 -17? Yes❑ No F-1 If yes, please describe: We serve youth ages 6 Ei 18, so our programs are designed accordingly. However, since we separate our youth into age groups: 6 Ei9 yrs.; 10 12 yrs.; and teens; our Age- appropriate programming serves us well in the expectations of the CYD program. Is any part of the program specifically designed to serve only males or females? Yes L-] No 12�1 If yes, please describe: Our regular academic and recreational programs are not designed to serve only males or females. However, In some instances, such as our athletic leagues, we offer separate but equal experiences (e.g. -Niij volleyball, Lu-R( basketball, -Niij kickball). Is any part of the program specifically designed to serve a specific racial or ethnic group? Yes U No If yes, please describe: 13. If applicable, identify any program model or curriculum to be implemented and include the developer of the program (e.g. All Stars Curriculum by Tanglewood). Triple Ray is a key curriculum used by the Boys & Girls Cub on a weekly basis in an effort to address the healthy life -style issues facing our young members. Triple Ray is part of Boys & Girls Cubs of ! s'Of forts, Fitness and Fbcreation core program areas. This core program area consists of an array of effective programs for equipping Cub members with crucial skills needed to become healthy, fit and successful adults. Healthy Habits, the MIND component, is a Cub -wide strategy to promote health and well -being through active learning from the gym to the learning center. The BODY component boosts a /ijof traditional physical activities to a higher level by providing sports and fitness activities for all our members. The 93UL element has redefined the game room, where kids play board and table games, compete in tournaments and enjoy each uN'rf� company. The staff helps members learn social skills while teaching them how to work together. The Triple Ray program consciously incorporates elements of belonging, competence, usefulness and influence. 14. Identify the CYD t' ' v � e goals and objectives. All goals and objectives should address the impact on juvenile delinquency. Goals are broad statements of what your program is intended to achieve. Objectives are spedfir, measurable, achievable, relevant and time - focused statements. Goal (s): During the school year, our After - school program goal is to provide services that enhance a I' L6(f academic performance in school, thereby promoting educational excellence and discouraging delinquent behavior. 11 Attachment A-2 Ran of Operation Boys & Girls Club, 78415 GYD Program Our summer program goal is to provide a safe haven from exposure to juvenile delinquency while promoting healthy life skills through educational and recreational programs. Objective(s): To track grade progression and content mastery of each child served in our After - school program. To promote healthy living skills, as measured by our Triple Ray Program 15. Describe the evaluation plan for the program to include: staff responsible for evaluation, how evaluation data will be collected, how evaluation data will be conveyed to relevant staff and how evaluation data will be used to revise or improve the program, to include at least the results of the satisfaction surveys. Include a list of measurement tools that will be collected, if applicable, to demonstrate on -going program effectiveness and implementation of the program design. We administer the surveys provided by CYD program, and we track academic progress by through the -P fl reports cards (each grading period). The staff at our front desk manages the CYD surveys, and the education coordinator handles the academic evaluation. We have our own Pre- and Post- surveys for the Triple Ray and other programs. The staff responsible for each area handles their respective component of the Triple Ray program. 16. Recruitment a. Describe the process for recruitment of at -risk youth and their families. Provide a description of any outreach strategies used to encourage referrals and collaboration. Include recruitment efforts to address cultural diversity. Identify those agencies and organizations which are likely to refer client& At the beginning of each school year, our staff visits each 78415 school to distribute flyers, make presentations to the RE classes, and meet with principals to establish a cordial partnership. We have an established relationship with several of the schools whose studentswe serve. b. Describe any community based outreach and awareness events or activities your program will implement or participate in this year. We participate in United Way rallies, area Health Fairs and Community festivals; however our greatest recruitment tool remains our visits to 78415 schools. 17. Retention a. Describe strategies used to engage youth and their families. Describe any techniques you will implement to establish trust, build rapport, and maintain relationships with your target population. Our retention rate is quite exceptional. Retaining our members is more a matter of parental stability than it is our programming; though we certainly make every effort to keep our kids positively engaged and happily productive in all program areas. The satisfaction rate among our families is very high, as our staff works hard to build rapport with the youth and parents. b. Will your program offer incentives for participation? ® Yes ❑ No If yes, describe the types of incentives and how they will be used (Note: Please refer to the PB policy on 12 Attachment A-2 Ran of Operation Boys & Girls Club, 78415 GYD Program incentives). Every season the A&M, Hooks, Hammer Heads and others give us free tickets to games and other events. We use these as incentives. We do not buy incentives, as the community provides plenty without our having to purchase anything. G Describe your plans to retain youth in the program and ensure youth complete the program. Describe how you will recover youth who stop attending services to return to the program. Our programs run year -round and offer parents a much needed alternative for after - school and summer programs. Most of our parents understand the limited openings and the need to keep their children returning for our after - school and summer programs. We do keep track of our youth, and will make phone cal Is to check up on any who are absent for unknown reasons. 18. Will this program use volunteers? ❑ Yes ❑ No If yes, describe the procedures for recruiting and screening volunteers and what criteria will be used to ensure they are a good fit to deliver the proposed services. 19. Explain the tasks which will be assigned to volunteers (mentoring, tutoring, presenting), how they will be trained, supervised, and retained (once a month supervision is required per the Imo. 20. If volunteerswill serve as mentors, state the adult to youth ratio. 21. Discuss potential barriers (e.g transportation, child care, etc.) to providing services to program participants and how you will overcome those barriers. If transportation will not to be offered, identify the processes that are used to ensure that these factorsare not obstacles to accessing services. We have no shortage of youth due to lack of transportation. We provide van pick -up services to several 78415 schools, and we have an RTA bus stop right in front of our Cub on Greenwood. Also, many studentswalk to the Cub. 22. Describe the adg .*2A} , plan for youth/ families without transportation. There is no higher priority than the safety of our program participants. We provide only licensed drivers vetted by our insurance company. We use parental consent forms prior to transporting any youth and each must buckle up before the van moves. Whenever transportation for larger groups is required, we use buses provided by the school district or RTA. 13 Attachment A-2 Ran of Operation Boys & Girls Club, 78415 CYD Program 23. Use the table below to describe the staffing plan, including the back up staffing plan in the event of vacancies or extended absences. (What staff positions will work directly on the CYD contract and which position will supervise whom and provide coverage, if necessary). The Boys & Girls Cub only charges 40% of three staff salaries to the CYD grant. All remaining staff and payroll is included in our in -kind match. Overall Programming Executive Director Learning Center AJI Educational Programs Unit Director Youth Development staff All NdTrax Documentation Unit Director Unit ■ •r'? 24. Describe staff supervision and support. Our staff is well trained to function without constant supervision; however performance is monitored on a daily basis, and there is always a lead staff responsible for each program area. There is an established chain of command for every area and adequate support staff is assigned to handle larger than usual groups. 25. Describe the use of sub - subcontractors, if any are used. We do not sub- contract. 26. Describe the ratio of staff to youth served. There is a staff -to- youth ratio of 1:25. 27. Describe the required position qualifications, including level of experience and education for all positions that work with the CYD program. The three positions charged to this grant areas follows: Unit Director -_ 18 yrs experience; college courses at TXTech; extensive BGCA training Learning Center Ei8 yrs. experience; BA degree; extensive BGCAtraining Front Desk Ei8yrs. Experience; assoc. Del Mar; extensive BGCA training 28. Give a brief history of the organization in terms of the length of time it has been a youth service provider, and explain any gaps in service. If there is no history of the organization, then describe the guiding principles) philosophy of the organization. We celebrated 50 years of service in 2007! The Boys & Girls Cub of Corpus Christi daily fulfills our mission: To enable all young people, especially those who need us most, to reach their full potential as productive, caring, responsible citizensthrough our youth development programs. The Cub was chartered as a Boys Cub in 1957 by Sheridan Lewis, President of Southern Community Gas Company, in response to a growing delinquency problem in our area. The first clubhouse opened in the La Armada Housing project. The response was so overwhelming that he built the Greenwood Unit in 1969. Still operational today, the Greenwood Unit is a 30,000 square foot facility, on 15 acres, on the west side of Corpus Christi. The Greenwood Unit features an air - conditioned modern gym, a learning center, two 14 Attachment A -2 -- Plan of Operation Boys & Girls Club, 78415 CYD Program computer labs (one for 6 to 12 year olds and one for 13 to 18 year olds), a game room, a teen room, a commercial kitchen, and an auditorium that can hold 300 people. Located behind the building, kickball, soccer and flag football fields keep youth active. A pool and a playground complete the site. Our enrollment in 2010 was 1,998 members, ages 6 —18. 29. Describe the capability of working with at -risk youth related to the organizations past experience or guiding principles /philosophy. We are extremely capable of working with at -risk youth, as that is our mission, and our role in doing is what we're all about. 30. Describe your past history (if any) with the CYD program. Have you previously been funded, if so, provide total number of years and dollars in funding you have received? In six years of funding, we've received $302,965, averaging $50,400 per year. This year, as of June 8, we have 463 CYD youth enrolled. Signature of Person completing the Plan of Operation for the Subcontractor: Signature Anne Balser Printed Name 7_0??_ /3 Date 15 Attachment A-3 ProgramFequirements Boys & Grls Club, 78415 CYD Program Attachment A -3 Program Requirements - FY2014 78415 Community Youth Development Plan changes. Plan changes to budgets and plan of operation are each limited to three during the fiscal year with the final plan change to be submitted no later than June 1. Any additional request for plan changes will require a waiver prior to requesting the change. All waiver requests must be submitted to the CYD Program Manager with the original signature of the contract's authorized signatory and must completely document specific compelling reasons for the request. Waiver requests must be submitted at least 30 days in advance of the anticipated plan change and are subject to DFPS's approval. Automated Background Checks. All staff and volunteers that work or will work on the contract are required to have background checks conducted through the Automated Background Check System (ABCS) who have contact with client or client information or if salary is reimbursed through the contract. It is assumed that staff including, but not limited to, Executive Directors and Chief Financial Officers will have access to clients or client records due to their oversight roles; therefore, require a cleared background check. Quarterly Reports and Corrective Action Plans. Each quarter the Subcontractor is required to submit a Quarterly Report no later than 30 days after the end of the first, second and third quarters. The Quarterly Report must include information on the program, how the subcontractor is performing and any corrective action plans that are required. At the end of the year the subcontractor is required to submit a Fourth Quarter /Annual Report that provides ongoing information regarding achievements and challenges in implementing the CYD program during the 4th quarter and the full contract year. A corrective action plan must include a statement of the problem, proposed steps to be taken, timeline for each step, person(s) responsible for implementing each step, and person responsible for oversight of the plan to ensure it is implemented correctly. Corrective action plan /s must be submitted on the required template and must outline the measures that will be taken by subcontractor to address each performance measure that is off track. Program Services. Youth may not participate solely in one -time activities. If one -time activities are planned as a service, they should be an added value for youth already participating in other CYD Program Services and cannot be a stand -alone service. Direct service staff of the Subcontractor must be at least 18 years of age, have a High School Diploma or GED, and 1 year of experience in the health and human services field to include work with youth. Program Forms and Social Security Numbers. Contractors are required to complete ALL fields of the program form such as the registration form, in its entirety including the social security numbers field. If a client refuses to provide their social security number, contractors must document refusal in the case file. The expectation is that contractors make a good faith effort to obtain social security numbers and other information listed on the program form. Sections of the program registration forms that have an asterisk are required fields in the database; however, the expectation is that the form is completed thoroughly. 16 Attachment A-3 ProgramFequirements Boys & Grls Club, 78415 CYD Program All services provided in accordance with the Subcontractor's approved Plan of Operation must be tracked using the appropriate documentation forms. Service documentation must be complete, accurate and maintained in an organized fashion. Subcontractor must maintain records in a manner which protects the confidentiality of the clients being served. Service documentation must include, but is not limited to: • Sign -in sheets, particularly for group activities • Monthly Service Tracking Forms • Satisfaction Surveys Documentation may also include, if applicable: • Service plans • Referral logs • Case notes, including phone logs, home visit notes, office visit notes, etc All services provided by subcontractor must have valid documentation that supports verification of participant attendance, such as sign -in sheets or attendance rolls, including a signature certifying the validity of the information, individual /group progress notes, materials /hand -outs used and additional documentation as appropriate to the program. Client files must include, at a minimum, the following forms completed: • The DFPS Registration Form • CYD Risk Factor Survey • Pre - service Protective Factors Survey • Post - service Protective Factors Survey Cost Reimbursements. Subcontractors must submit reimbursement requests by the 5th of each month. The City nor DFPS is obligated to pay unauthorized costs or to pay more than Subcontractor's allowable and actually incurred costs consistent with federal and state regulations. The reimbursement made to Subcontractor will not exceed actual costs to provide the services under this Contract and Subcontractor's actual costs, both direct and indirect, must be allowable, reasonable, and allocable. Reallocation of Funds. Subcontractor agrees that if after careful review by the Fiscal Agent it does not appear that the subcontractor will utilize all funding by the end of the third quarter (April 30), the Subcontractor could lose uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction to Subcontractor's budget and give Subcontractor fourteen (14) calendar days to respond. If Subcontractor does not respond within fourteen (14) calendar days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within fourteen (14) calendar days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Controlled Assets. Subcontractors must complete an inventory list of any controlled assets (ex. computers, furniture, etc) purchased either in part or in full by DFPS funds using an inventory list form. A new inventory list will need to be submitted to the City during each contract renewal cycle. 17 Attachment B -1 — Budget Farms Budget for CYD Service Contracts Boys Girls Club, 78415 CYD Program Attachment B -1- Budget Forms Form 2030 April 2010 Page 18 Summary Page SubContractor Boys & Girls Club of Corpus Christi Contract Period 09/1/13 - 08/31/14 Cost Category A Grand Total (IA) Personnel - Salaries $49,550.40 (1B) Personnel - Fringe Benefits $3,786.60 Subtotal $53,337.00 (2) Travel $0.00 (3) Materials, Su plies and CA $0.00 (4 ) Equipment (Renftease/Purch $0.00 Subtotal $0.00 (5) Other Costs (list below) $0.00 Subtotal $0,00 Grand Total $53,337.00 % of Total 16.7% Total estimated number of participants to be served: 300 -380 Total Cost per Youth $178-$140 Certified by: Anne Baker Signed: Title: Chief Professional Officer Date: Page 18 Attachment B -1 — Budget Forms Budget for CYD Service Contracts Boys Girls Club, 78415 CYD Program Attachment B -1 Form 2030 April 2010 (1A) Personnel - Salaries Contractor Boys & Girls Club of Corpus Christi Contract Period 0911113 - 08131114 Position or Title A #Staff B Avg. Monthly Salary C %Time on contract) D #Months of Service E Total AxBxCxD Unit Director /over -all programming 1 $3,750.00 40.00% 12 $18,000.00 Learning Center 1 $4,073.00 40.00% 12 $19,550.40 Front Desk 1 $2,500.00 40.00% 12 $12,000.00 $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 Salaries $49,550.40 For monitoring purposes, timesheets and payroll data must be kept on file. Costs not allowable if already being paid by other sources. Page 19 Attachment B -1 — Budget Forms Budget for CYD Service Contract Boys Girls Club, 78415 CYD Program Attachment B -1 (lB) Personnel - Fringe Benefits I Contractor I Boys & Girls Club of Corpus Christi Contract Period 10911113 - 08131114 I Type of Fringe Benefits I A Total Programming $1,372.60 Learning Center $1,496.00 Front Desk $918.00 Total Fringe Benefits For monitoring purposes, payroll data must be kept on file. Costs not allowable if already being aid by other sources. Page 20 Form 2030 April 2010 SUBCONTRACTOR: Boys & Girls Club Request No. CONTRACT PERIOD: 9/01/2013 to 8/31/2014 Reporting Month TITLE: Community Youth Development Program ATTACHMENT B -2 BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST (1) - (2) "City Use Amount % (1) YTD % (2) YTD Amount Only Budgeted of Budget Expended Expended Invoiced Requested" Amnt. Paid Personnel - Salaries Programming $ 18,000.00 34% $ 0% $ $ Learning Center $ 19,550.40 37% $ 0% $ $ Front Desk 12,000.00 22% 0% TOTAL 49,550.40 93% 0% Personnel - Fringe Programming 1,372.60 3% 0% Learning Center 1,496.00 3% 0% Front Desk 918.00 2% 0% TOTAL 3,786.60 7% 0% Personnel - Travel Local Travel - 0% #DIV /0! TOTAL 0% #DIV /0! Materials and Supplies Materials & Supplies 0% #DIV /0! Program Supplies 0% #DIV /0! Digital Camera 0% #DIV /0! Summer Program Supplies 0% #DIV /0! TOTAL 0% #DIV /0! Equipment Copier Leases 0% #DIV /0! TOTAL #DIV /0! Other Costs Registation 0% #DIV /0! Insurance- Students 0% #DIV /0! Transportation 0% #DIV /0! Food & Snacks 0% #DIV /0! RIS- General 0% #DIV /0! TOTAL 0% #DIV /0! TOTAL $ 53,337.00 100% $ 0% $ $ * Amounts expended cannot exceed amount budgeted. I certify that the expenditures shown above are true and that supporting documentation is attached to substantiate them. Subcontractor's Authorized Signature Date Payment Authorization Signature Date Page 21 Attachment B-3 Budget Narrative Boys & Girls Club, 78415 GYD Program Attachment B -3 Boys & Girls Club of Corpus Christi Budget Narrative FY14 (1a) Personnel- Salaries = $49,550.40 Salaries charged to this grant are based on current year compensation and potential increases in next year's budget. The percentage is based on the portion of staff's time being charged to the grant. The number of staff for each position is limited to the most important salaried staff who are responsible for the over -all program operations and documentation of all CYD data requirements as well as one hourly staff. Typically, we have ten staff during the After - School program and 25 or more during the Summer Program. However, these three positions are full -time salaried positions that assume the most responsibility for all programs, and the one hourly serves at the front desk and in the program. Programming 18,000.00 Social Recreation 19,550.40 Front Desk 12,000.00 (1b) Personnel- Fringe Benefits, Employer's Share= $3,786.60 The only benefits charged are FICA at 7.65 %. Programming 1,372.60 Social Recreation 1,496.00 Front Desk 918.00 (1c) Personnel - Travel = $0 No travel is being charged. (2) Materials and Supplies = $0 No materials /supplies are being charged. (3) Rental, Lease, or Purchase of Equipment = $0 No rental, lease, or purchase of equipment is being charged. (4) Other Costs = $0 -22- Attachment B-3 Budget Narrative Boys & Girls Club, 78415 GYD Program It actually cost us over $250 per member to serve our youth at the Greenwood site. The total charged to the grant equates to an average of $140 per youth for an entire year of services. Total cost of serving 300 -380 CYD youth is $95,000. Our share of cost will be $37,663.00. -23- Attachment / Sandard Terms and Conditions 78415 CYD Program Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Development Program Contracts) Parties. For the purposes of this document, the Texas Department of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. "Boys & Girls Club "will hereinafter be referred to as the Subcontractor. The Community Youth Development Program will hereinafter be referred to as CYD Program. ��xeI Eel j,SMIXrL'1 W_T1ItI: Eel :1k�' Subcontractor assures and guarantees that it possesses the legal authority to enter into this Contract, to receive the funds authorized by this Contract, and to perform the services Subcontractor has obligated itself to perform under this Contract. The person signing this Contract on behalf of Subcontractor hereby warrants that he /she has been fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor and to validly and legally bind the Subcontractor to all the terms, performances, and provisions herein set forth. Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Subcontractor further agrees to cooperate fully with the State Auditor's Office or its successor, including providing all records requested. Subcontractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subcontractor and the requirements to cooperate is included in any subcontract it awards. The Subcontractor agrees to be in compliance with all applicable Federal, State and local laws, including but not limited to, the following: 45 Code of Federal Regulations ( "CFR ") Part 74, Office of Management and Budget ( "OMB ") Circulars A -133, A -110, A -21, A -87 and A -122 as applicable, the Uniform Grant Management Standards (UGMS) as applicable and 40 Texas Administrative Code ( "TAC ") 732.240 -256 as applicable and amended. In the event of any conflict or contradiction between or among the regulations referenced in this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92, OMB Circulars A -87, A -122, A -110, and 40 TAC 732.240 -256. SECTION 2. INDEPENDENT CONTRACTOR It is expressly understood and agreed that the Fiscal Agent is contracting with Subcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as making Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely responsible for employee payrolls and claims arising therefrom. SECTION 3. FINANCIAL LIMITATIONS AND CONSIDERATIONS A. This Contract is at all times contingent upon the availability and receipt of State or Federal funds that has been allocated to the Fiscal Agent of this Contract and, if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent. B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each service rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Fiscal Agent. If program income accrues, the Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual costs -25- Attachment / Sandard Terms and Conditions 78415 CYD Program incurred for services rendered under this Contract. In no event shall payments exceed the total budgeted amount as originally approved in this Contract or as subsequently amended by both parties. C. The basis for payment for services rendered under this Contract is indicated in the service terms in the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent. The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than the Subcontractor's allowable and actually incurred costs consistent with Federal and State regulations. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been incurred and have been paid by the Subcontractor. Costs should be billed to the month in which they were incurred, either on the primary billing voucher for that month or on a supplemental billing, if they are not paid in time to include them on the primary voucher. Costs should not be billed to the Fiscal Agent if they have not yet been paid. D. Payment for services rendered under this Contract will be made in accordance with the documentation outlined in the Budget Information Summary and Reimbursement Request, as set out in Attachment B -2 to this Contract. Payment shall be authorized only upon the submittal of an appropriate invoice and supporting documentation to the Fiscal Agent. E. Funds under this Contract cannot be earned prior to the first day nor after the last day of the Contract Period. Funds also cannot be charged prior to the execution of the signed contracts. All signatures must be obtained before contract is deemed active. F. The Fiscal Agent shall not be liable to Subcontractor for any charges under this Contract which exceed the total funding amount specified. G. All funds unearned or unexpended in the performance of this Contract shall be retained by the Department. H. The Subcontractor is responsible for submitting bills in an accurate and timely manner by the 5th day following the month in which services are provided. The Fiscal Agent will make reasonable efforts to process all bills received in an accurate and timely manner but does not warrant immediate payment. Reimbursements to Subcontractor will be paid by the Fiscal Agent when payment is received from the Department. I. The Subcontractor understands and agrees that prior written approval must be secured: For transfers between line items for any dollar amount. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved; 2. When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expense /cost. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a total bill each month in the format prescribed by the Fiscal Agent and shall accept as payment in full the Contracted unit rate reduced by an amount equivalent to the required percentage of certified local -26- Attachment / Sandard Terms and Conditions 78415 CYD Program resources as applicable. K. Buy Texas. In accordance with Texas Government Code § 2155.4441, the State of Texas requires that during the performance of a contract for services, Contractor will purchase products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the state. SECTION 4. LIABILITY FOR REPAYMENT A. All payments under this Contract are subject to audit by the Department and the Fiscal Agent. Subcontractor shall assume liability for repayment of funds disbursed where such disbursement is subsequently determined to be improper or unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for repayment of disallowed costs with non - Federal funds. Repayment of such funds to the Fiscal Agent shall be in accordance with the Prompt Payment Act. Subcontractor shall also repay to the Fiscal Agent any funds found to have been paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. SECTION 5. CHANGES AND AMENDMENTS The Subcontractor agrees to notify the Fiscal Agent immediately of any significant change affecting the Subcontractor including, but not limited to, change of Subcontractor's name or identity, ownership or control, governing board membership, personnel, or payee identification number. Subcontractor shall provide notice in writing to Fiscal Agent within ten (10) working days of change. No changes or amendments to this Contract shall be made except in writing and signed by both parties hereto, unless such change is in the form of a written notice of modification or directive issued by the Fiscal Agent as described below. A. The Fiscal Agent may give a notice of modification or directive in the event any alterations, deletions, or additions are required due to changes in Federal or State laws or regulations applicable to CYD programs, which changes shall take effect automatically upon the effective date of such Federal or State laws or regulations. B. The Fiscal Agent may give a notice of modification or directive to reduce the level of funding under the Contract in the event of a reduction of funding to the Fiscal Agent under any Federal, State or local program. C. The Fiscal Agent may issue a policy directive that shall have the effect of establishing, interpreting, clarifying or qualifying the terms of this Contract. Such policy directives may not alter the terms of this Contract in order to relieve the Fiscal Agent of any obligation to pay for performance rendered or costs incurred by Subcontractor prior to the date of such directive. D The Fiscal Agent may give a notice of modification to increase the amount of funds available under this Contract if such funds become available and it is in the best interest of the Fiscal Agent to do so without the solicitation of additional proposals. SECTION 6. ACCOUNTING REQUIREMENTS The Subcontractor agrees to adhere to Generally Accepted Accounting Principles promulgated by the -27- Attachment / Sandard Terms and Conditions 78415 CYD Program American Institute of Certified Public Accountants and to follow Fiscal Agent and Department fiscal management policies and procedures in submitting timely billing and maintaining financial records required to be kept under this Contract. SECTION 7. RECORD KEEPING / REPORTING REQUIREMENTS A. The Subcontractor agrees to submit service delivery reports required by this Contract, self - evaluations of performance, and other reports requested by the Fiscal Agent or Department in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Fiscal Agent, the Department, the U.S. Department of Health and Human Services ( "DHHS "), or their authorized representatives. B. The Subcontractor agrees to maintain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, and other records pertinent to claims submitted during the Contract Period for a minimum of five (5) years after the termination of the Contract Period, or for five (5) years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five (5) year period expires, the Subcontractor will keep the records and documents for not less than five years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the Department/Fiscal Agent and the Subcontractor. Contract Period means the beginning date through the ending date specified in the original Contract; extensions are considered to be separate Contract periods. C. Subcontractor shall complete and submit all necessary data on participants enrolled in its program and must do so according to instructions and definitions prescribed by the Department and the Fiscal Agent. D. Failure to submit required reports to the Fiscal Agent may result in withholding by the Fiscal Agent of any payments otherwise due until such time as the Subcontractor meets the delinquent obligations. D. Subcontractor shall submit a self - evaluation report within 30 days following the end of the Contract Period. The self - evaluation report should address the accomplishments of the program/services, the effectiveness of the services provided, and the attainment of output measures, evidence -based performance measures and program goals listed in this Contract. SECTION 8. SUBCONTRACTING A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written approval of the Fiscal Agent, which includes full disclosure of the particulars of such agreement and special assurances that such third party shall comply with all provisions of the governing laws, the terms and conditions of this Contract, State of Texas policies, Federal regulations and Fiscal Agent policies, including the qualifications of the Subcontractor to perform and meet standards of this Contract and the Community Youth Development Plan of Operation. A non - governmental Subcontractor shall assume full liability for any third party actions and shall hold harmless the Fiscal Agent, the Department, and the State of Texas from the actions of any third party. Failure by a non- governmental Subcontractor to inform the Fiscal Agent of the intent to involve any third party shall relieve the Fiscal Agent, the Department, and the State of Texas of any and all liability and may result in initiation of procedures to terminate this Contract, among other remedies that Fiscal Agent or Department may be entitled to seek. The Fiscal Agent shall not be obligated or liable under this -28- Attachment / Sandard Terms and Conditions 78415 CYD Program Contract to any party other than Subcontractor for payment of any monies or for provisions of any goods or services unless the Fiscal Agent in writing specifically agrees to such liability. B. The Subcontractor further agrees to provide statements from Sub - subcontractors signed by an official duly authorized to legally obligate the Sub - subcontractor and attest to the fact that it shall provide the services as represented in this Contract, including the incorporated documents, with no disruption to service delivery. A similar statement must be signed by each Sub - subcontractor who will provide services as part of this Contract. Each Sub - subcontractor may be required to submit ownership information and other information related to this Contract. The Subcontractor must disclose to Fiscal Agent any and all information regarding the Sub - subcontractors as it pertains to this Contract, during the Contract Period. C. Subcontractor shall have protest procedures in place to handle and resolve disputes relating to its procurement. D. Any of the work or services specified in this Contract which shall be performed by other than Subcontractor shall be evidenced by a written Contract specifying the terms and conditions of such performance. Subcontractor shall maintain and adhere to an appropriate system, consistent with Federal, State, and local law, for the award and monitoring of Contracts which contain acceptable standards for ensuring accountability. E. Subcontractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this Contract as if the performances rendered were rendered by Subcontractor. SECTION 9. PUBLICITY The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the Fiscal Agent and Department in all of its literature that describes services covered by this Contract. This notice will also appear in the Subcontractor's annual financial report, if any is issued. Additionally, the Subcontractor agrees to the following: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with CYD Program funds, Subcontractor shall state the percentage of the total costs of the program or project which will be financed with those CYD Program funds. B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding source in all oral representations, written documents, publicity and advertisements regarding any CYD activities. Wording shall be as follows: A Program Funded through the City of Corpus Christi by the Texas Department of Family and Protective Services. C. Subcontractor shall not publish or cause to have published the results of its function and participation in the program activity without prior review and approval by the Fiscal Agent and Department. SECTION 10. TECHNICAL ASSISTANCE A. The Fiscal Agent will provide a central information system for complete information on each participant and will maintain a central communication system for the proper and timely disbursement of information and resource documents. The Fiscal Agent will provide technical assistance found to be needed through performance reviews or monitoring reports. -29- Attachment / Sandard Terms and Conditions 78415 CYD Program B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions to assist in the administration of this Contract. Subcontractor shall ensure the attendance of its director or other specified personnel at such meetings. SECTION 11. MONITORING AND ASSESSMENT A. The Subcontractor agrees to provide services in accordance with the provisions of this Contract and to allow the Fiscal Agent and Department, and their representatives, to monitor, audit, evaluate, and otherwise review the services provided and related documentation. B. The Subcontractor agrees to cooperate fully in any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to services rendered by the Subcontractor which may be conducted by the Fiscal Agent, the Department or DHHS, or their authorized representatives; and to be responsible for any audit exception or other payment irregularity regarding this Contract or subcontracts, which may be found after review by the Fiscal Agent, the Department or DHHS; and to be responsible for the timely and proper collection and reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper billing amount. C. Representatives of the Fiscal Agent and Department may periodically, without advance notice, monitor Subcontractor for compliance, financial management and performance of the terms and conditions of this Contract. The monitoring process will include an analysis of program data provided by the Subcontractor to assess the performance of this Contract and the quality of services. Monitoring shall include review of results of criminal background checks and affidavits required under this Contract of all Subcontractor employees or volunteers in direct client contact. D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all findings and recommended corrective actions, if applicable, to Subcontractor. E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal Agent within thirty (30) calendar days after receipt of the monitoring report with all corrective actions planned or taken and specific detailed procedures and actions initiated to preclude any recurrence of the practices, discrepancies, and irregularities identified in the monitoring report. F. The Fiscal Agent or Department, as may be applicable, upon receipt of Subcontractor's written response to the monitoring report, shall evaluate the corrective action plan and determine whether the corrective action plan shall be undertaken, whether an alternative plan is needed, or whether the goals or standards need to be modified. Regardless of the course of action taken, the Fiscal Agent shall ensure that positive actions, procedures, and practices are initiated to preclude recurrence or non - compliance. Upon written request, the Fiscal Agent shall provide technical assistance to Subcontractor in correcting the deficiencies noted. Fiscal Agent shall conduct follow - up visits to review pending deficiencies and to assess the efforts made to correct them. If such deficiencies persist, Fiscal Agent may withhold funds and move to terminate this Contract in accordance with Section 33. G. All such corrective actions shall remain open pending completion and issuance of a written statement of closure by the Fiscal Agent or Department, as applicable. SECTION 12. PROPERTY A. The Subcontractor agrees to assume responsibility for the protection of all physical property and equipment used at facilities being maintained to carry out this Contract and take appropriate measures to meet this obligation. All such property will be adequately safeguarded against -30- Attachment / Sandard Terms and Conditions 78415 CYD Program vandalism, loss, damage, or theft. Subcontractor must acquire and maintain property insurance for any and all equipment purchased with CYD Program funds. The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case of theft, or suspected theft, within twenty -four (24) hours of discovery. Any missing, damaged, or destroyed property will be reported immediately in writing to the Fiscal Agent and the Department and will include the circumstances concerning the loss. An investigation shall be conducted by the Subcontractor to determine the cause, and the results shall be reported in writing to Fiscal Agent and the Department. Any property missing, damaged or destroyed shall be replaced by the Subcontractor, at Subcontractor's own expense. In addition, in the event of any theft, vandalism, or other offense against the property or equipment, the Subcontractor shall notify the appropriate local law enforcement authorities. B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding the return to the Department of any equipment bought under this Contract with funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor agrees that it will not give any security interest, lien, or otherwise encumber any item of equipment purchased with Contract funds. The Subcontractor agrees to permanently identify all equipment with appropriate tags or labels affixed to the equipment and to maintain a current inventory record of the equipment which must be made available to the Fiscal Agent and the Department upon request. C. The property shall be maintained in good condition at all times. Unless waived by the Fiscal Agent and Department, all maintenance and repair costs associated with any property shall be borne by the Subcontractor. All property must be returned to original condition, except for normal wear and tear, prior to return of the property to the Fiscal Agent. SECTION 13. TAXES The Fiscal Agent and the Department will not be liable for Federal, State, or local excise taxes incurred by or assessed against Subcontractor. The Subcontractor must be able to demonstrate on -site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of Internal Revenue Service Form W -2s to common law employees. The Subcontractor is responsible for both Federal and State unemployment insurance coverage and standard workers' compensation insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment or workers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and State tax laws and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay to the Fiscal Agent or Department all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. SECTION 14. DISPUTES The Fiscal Agent is responsible for hearing any grievances, including disputes, claims or protests, arising out of the administration and operations of programs funded under CYD Program. Non - discrimination complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information Form within 365 days of the action complained of. Non - discrimination complaints that do not allege a violation of the CYD Program may be initiated by filing a Grievance Information Form within 30 days of the action complained of. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. E_-] x01 11 01kiMMIkiI17:1»ki 11]=1ki III r_T1J17111 The Subcontractor agrees to submit an annual financial and compliance audit of the Subcontractor's fiscal year -end in accordance with the Single Audit requirements of OMB Circular A -133 (Audits of State, Local Government, and Non - Profit Organizations). -31- Attachment / Sandard Terms and Conditions 78415 CYD Program A. Subcontractor understands and agrees that it shall be liable for all costs associated with said audit. B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for any costs disallowed as a result of said audit in accordance with the "Liability for Repayment" provisions of this Contract, as set out in Section 4 of these Standard Terms and Conditions. C. The Fiscal Agent and Department reserve the right to conduct an independent audit of all funds received under this Contract. The audit may be performed by the Fiscal Agent, a certified public accounting firm, or other auditors as designated by the Fiscal Agent or the Department. Such audit will be conducted in accordance with applicable professional standards and practices. D. In the event a final audit has not been performed prior to termination of this Contract, the Fiscal Agent shall retain the right to recover funds after fully considering the recommendations on disallowed costs resulting from such final audit. E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub - Subcontractors shall immediately report to the Fiscal Agent and the Department any incidents of fraud, abuse, or other criminal activity in the relation to the provisions of this Contract or applicable State Regulations. SECTION 16. PREVENTION OF CONFLICTING INTERESTS A. Every reasonable course of action shall be taken by the Subcontractor to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manner, free from personal, financial, or political gain. Subcontractor, its executive staff, and employees, in administering this Contract, shall avoid situations that give an appearance or suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. B. No member, officer, agent, or employee of the Fiscal Agent or the Department who exercises any functions or responsibilities in the review or the approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects his /her financial interest. C. Executives and employees of Subcontractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shall exercise due diligence to avoid situations which give rise to an appearance or assertion that favorable treatment is being granted by friends and associates who are also members, officers, agents, or employees of the Fiscal Agent or the Department. A permanent record of any transaction involving a Subcontractor who is also a friend or associate of a member, officer, agent, or employee of the Fiscal Agent or the Department shall be retained when it is in the public interest for the Fiscal Agent or the Department to conduct business with such person. D. Members, officers, agents, and employees of the Fiscal Agent or the Department and elected officials shall not solicit nor accept money or any other consideration from Subcontractor or any other third person for the performance of an act reimbursed in whole or in part by the Fiscal Agent or the Department. Supplies, materials, equipment, or services purchased with Contract funds shall be used solely for the purposes allowed under this Contract. No member of the Fiscal Agent or the Department shall cast a vote on the provision of services by that member or by any organization which that member represents or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. -32- Attachment / Sandard Terms and Conditions 78415 CYD Program = 161110 1i l5IFA;I: Z'tlJRZ1il 1RZ1- 1Ib'i=111111=1ATA=1il k1101 A. Subcontractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for proper and effective management and the prevention of fraud and abuse in all activities funded under this Contract. B. Failure on the part of Subcontractor to comply with the provisions of this Contract or with the Department, or applicable regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds and termination of this Contract for cause. C. Subcontractor shall ensure diligence in maintaining programs under this Contract including the carrying out of appropriate monitoring activities and in taking immediate corrective action against known violations of Department regulations. D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the fastest means available, upon discovery of any incident of fraud, or suspected fraud, involving this program. SECTION 18. INDEMNIFICATION The Subcontractor shall indemnify and hold harmless the Fiscal Agent and the Department, their officers, agents, representatives, and employees, from and against any and all claims or losses for physical damage to property or injury to persons resulting from negligence, misconduct, or any act or omission on the part of the Subcontractor, its officers, agents, employees, representatives, or Sub - subcontractors. In the event of loss, damage, or destruction of any property due to the negligence, misconduct, act or omission of the Subcontractor, the Subcontractor shall indemnify and pay full cost of repair, reconstruction, or replacement, at the discretion of the Fiscal Agent and Department. Such cost shall be due and payable by the Subcontractor within ten (10) calendar days after the date of receipt of written notice from the Fiscal Agent or Department of the amount due. The State of Texas, Department, and Fiscal Agent, and their respective employees, officers, agents, and representatives can neither agree to hold the Subcontractor harmless nor agree to indemnify the Subcontractor and any provisions to the contrary are void. SECTION 19. SECTARIAN INVOLVEMENT PROHIBITED Subcontractor shall ensure that no funds under this Contract shall be used directly or indirectly in the support of any religious or anti - religious activity, worship, or instruction. SECTION 20. POLITICAL ACTIVITY /LOBBYING The Subcontractor will not use any funding under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. No funds provided under this Contract may be used in any way to influence or attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress or for lobbying with State or local legislators. Subcontractor shall comply with the requirements of New Restrictions on Lobbying imposed by 29 CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55, No. 116, dated June 15, 1990, and codified at 31 United States Code ( "USC ") 1352, as amended. Subcontractor shall comply with the certification and disclosure requirements in Attachment F to this Contract. -33- Attachment / Sandard Terms and Conditions 78415 CYD Program SECTION 21. NON - DISCRIMINATION AND EQUAL OPPORTUNITY A. Subcontractor shall comply with all applicable Federal and State regulations and with Department policies and procedures regarding services delivered under this Contract including, but not limited to, the following: 1. Title VI of the Civil Rights Act 1962 (Public Law 88 -352) Section 504 of the Rehabilitation Act of 1973 (Public Law 93 -112) Americans with Disabilities Act of 1990 (Public Law 101 -336) Age Discrimination Act of 1975 Title IX of Education Amendments of 1972 Food Stamp Act of 1977; and The HHS agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. and all amendments to each, and all requirements imposed by the regulations issued pursuant to these Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code, as amended. These laws provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, physical /mental disability, drug or alcohol abuse or alcoholism, political beliefs, or religion be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding or otherwise be subjected to discrimination; 2. Texas Health and Safety Code, Section 85.113, as amended, relating to workplace and confidentiality guidelines regarding AIDS and HIV; 3. Immigration Reform and Control Act of 1986, as amended, regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this Contract; 4. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable Federal and State laws, rules, and regulations. This provision does not limit the Fiscal Agent's or the Department's right of access to client case files or other information relating to clients served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6. If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department 'A Attachment / Sandard Terms and Conditions 78415 CYD Program and renewed every two years. 8. Comply with Federal ,State and local licensing and certification requirements, health and safety standards, and regulations prescribed by the DHHS and TDPRS; 9. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 USC 7401 et seq., as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended; 10. Immediately remove any agent, officer, employee, representative, or volunteer from direct client contact who is alleged to have committed child abuse, neglect, or exploitation, or an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code, as amended, or an offense under the Texas Controlled Substances Act. If it is determined that the employee or volunteer has not committed such offenses, the employee or volunteer may again be assigned to direct client contact; provided however, the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten (10) working days prior to the reassignment. The Subcontractor must provide the Fiscal Agent and the Department with further information concerning the reasons for the reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses listed in this paragraph, the employee or volunteer shall not be reassigned to duties involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemeanor charges; 11. Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations and Federal circulars, as amended; 12. Allow any of Subcontractor's employees to testify in judicial proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94 -163), as amended. B. The Subcontractor shall have written participant and employee grievance procedures consistent with applicable Federal and State requirements. The Subcontractor shall establish and maintain complaint procedures to resolve all complaints arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this Contract, Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty (30) percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutilized or disadvantaged businesses. SECTION 22. REPORTING ABUSE, NEGLECT, OR EXPLOITATION Subcontractor will promptly report any suspected case of abuse, neglect, or exploitation to the appropriate authority as required by the Texas Family code, Chapter 261. All reports must be made within twenty -four (24) hours of the discovery of abuse, neglect, or exploitation. -35- Attachment / Sandard Terms and Conditions 78415 CYD Program A= 1611101 ZF493■:I=F:lft9:r:IZI.]MA;1I =11M3r lZIMAINIR Health and safety standards established under Federal, State and local laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such participants. SECTION 24. INSURANCE A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shall be provided for direct delivery of protective services and other services under this Contract. The Subcontractor shall obtain and furnish proof of the following bonding and insurance coverage within forty -eight (48) hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1. Dishonesty bonding under a commercial crime policy or business services bonding, at a $10,000.00 minimum or up to the Contract amount, whichever is greater; 2. Commercial General Liability Coverage at a five hundred thousand dollar ($500,000) minimum for each occurrence limit and one million dollars ($1,000,000) minimum aggregate limit. The Fiscal Agent and Department shall be provided with at least 30 days notice of policy or bond cancellation, intent to not renew, or material change in the policy or bond; 3. Automobile liability insurance in the broad form, applicable if Subcontractor uses an automobile, whether owned, leased, or non -owned in conducting its performance under this Contract, is required which shall have a minimum required coverage of $500,000 combined single limit. In the event Subcontractor requires its employees, trainees, volunteers, or other agents to utilize their own automobiles in the performance of this Contract, Subcontractor shall secure and maintain on file from all such persons a self - certification of such coverage; and 4. Workers' compensation and adequate on -site medical and accident insurance shall be required for all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations serving as employers of record for any participant, whether that organization is the Subcontractor or a third party; on -site medical and accident insurance shall be required for all non -work setting and classroom training activities for participants not qualifying as employees under the workers' compensation laws. Participants who are employees must be given comparable benefits afforded by the employer to other employees of similar standing in the employer's workforce. B. All coverage must be with insurance companies or carriers rated for financial purposes "A" or better whose policies cover risks located in the State of Texas. All bonds, policies, and coverage described above shall be maintained during the entire term of Contract awarded. Lapse of any coverage or bond required herein shall be considered breach of Contract and Contract awarded shall be immediately cancelled. C. The Department may waive all or part of these insurance requirements at its discretion. D. When Subcontractor is a governmental entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, as set out above, but shall also be subject to the indemnification provisions contained in Section 19 (Indemnification) of these -36- Attachment / Sandard Terms and Conditions 78415 CYD Program Standard Terms and Conditions. E. The Fiscal Agent shall be named as a Certificate Holder on all policies named above and such coverage shall not be canceled or materially changed unless, 30 days prior to the effective date, a written notice is sent to the Fiscal Agent at the address specified in this Contract. Unless waived by the Fiscal Agent, the Fiscal Agent shall not be responsible for the payment of premiums or assessments on such policies. SECTION 25. DEBARMENT AND SUSPENSION A. The Subcontractor shall comply with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, as amended, and, in so doing, provide to the Fiscal Agent and the Department, upon Subcontractor's signature and execution of this Contract and prior to Fiscal Agent's execution of this Contract, a certification bearing the following statement: Subcontractor certifies that 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 department or agency. A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent. B. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. Subcontractor shall require the same certification from its subcontractors, which shall be forwarded to Fiscal Agent along with the request for Sub - subcontractor approval as required by Section 8 (Subcontracting) of these Standard Terms and Conditions. SECTION 26. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT A. In developing, copying, and disseminating reports or other information under this Contract, the Subcontractor agrees to the following: Grant to the Department the right to copyright, use, reproduce, and distribute any material written or produced by the Subcontractor that is the subject of this Contract; and 2. Defend any claims, suits, or proceedings brought against the State of Texas, the Department or the Fiscal Agent on the issue of infringement of any copyright by any product, or any product part, supplied by the Subcontractor to the Fiscal Agent or Department under this Contract. The Subcontractor will pay, subject to limitations specified in this section, any final judgment entered against the State of Texas, the Department, or the Fiscal Agent on this issue in any suit or proceeding defended by the Subcontractor. The Subcontractor will be relieved of this obligation if, within 30 days after the Fiscal Agent and Department receive notice, the Fiscal Agent or Department fails to notify the Subcontractor in writing of any claim, suit, or proceeding and, at the Subcontractor's expense, give the Subcontractor all information needed to defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney General of Texas. B. With respect to any invention resulting from this Contract, the Fiscal Agent and the Department have a nonexclusive, non - transferable, irrevocable, paid -up license to practice or have practiced the subject invention throughout the world. C. The Subcontractor shall report to the Fiscal Agent and the Department within 30 days and in -37- Attachment / Sandard Terms and Conditions 78415 CYD Program reasonable written detail each notice or claim of patent or copyright infringement based on the performance of this Contract of which the Subcontractor has knowledge. D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed under this Contract, the Subcontractor shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information at the expense of the Fiscal Agent or the Department except where the Subcontractor has agreed to indemnify the Fiscal Agent or the Department. E. The Subcontractor agrees to include, and require inclusion of, this clause in all subcontracts at any tier for supplies or services expected to exceed $15,000. SECTION 27. DISCLOSURE OF CONFIDENTIAL INFORMATION Subcontractor agrees to maintain the confidentiality of any information regarding applicants, program participants, and their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information may be disclosed only as necessary for purposes related to the performance or evaluation of this Contract and to persons having responsibilities under this Contract. However, Subcontractor's information may be subject to required public disclosure under the Texas Public Information Act. Chapter 552 of the Texas Government Code. SECTION 28. COMMUNICATIONS All notices and requests given to or made to the parties must, except as otherwise specified, be in writing and delivered or mailed at the notice addresses specified on the Cover Sheet of this Contract. The parties may change their notice addresses upon five (5) written days notice to the other party. Any notices or requests are deemed given upon actual delivery or depositing the same with the U.S. Postal Service, properly addressed, postage prepaid, certified mail, return receipt requested. In some instances, email correspondence may be utilized and this communication is to be treated as having received a written correspondence. SECTION 29. GENERAL STANDARDS OF PERFORMANCE A. Subcontractor agrees that the level of services and activities performed shall be maintained in accordance with the terms and conditions of this Contract. B. The Performance Measures, Attachment A -1 to this Contract, Plan of Operation, Attachment A -2 to this Contract, Budget, Attachment B -1 to this Contract, Budget Narrative, Attachment B -3 to this Contract and Program Requirements, Attachment C -1 to this Contract, constitute promised performance under this Contract. If Subcontractor fails to meet the performance goals for any monthly period as specified under this Contract, this Contract is subject to obligation or termination in accordance with this Contract. SECTION 30. ENTIRE AGREEMENT A. All oral or written agreements between the parties relating to the subject matter of this Contract made prior to the execution of this Contract have been incorporated herein. C. Subcontractor understands and agrees that the Attachments designated on the Cover Sheet of this Contract are a part of this Contract and constitute promised performance by Subcontractor under this Contract. -38- Attachment / Sandard Terms and Conditions 78415 CYD Program SECTION 31. CONTINGENT ON FUNDING This Contract is at all times contingent upon the availability and receipt of Federal or State funds that the Fiscal Agent and Department have allocated to this Contract; and if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent or Department. The Fiscal Agent's obligation is contingent upon the availability of funds from which payment for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. SECTION 32. TRAINER QUALIFICATIONS A. Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors, trainers, counselors professional and paraprofessional and other staff shall possess education, training, and or experience to provide the skills, knowledge, and abilities necessary to perform the duties of the position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certifications. B. Staffing personnel must be maintained at the level negotiated and contracted for between the Subcontractor and the Fiscal Agent. Changes in staff positions or reduction in hours shall be immediately reported to Fiscal Agent for review and approval. C. Subcontractor agrees and understands the performance of work proposed, negotiated, and contracted for must be maintained at the level agreed upon at initiation of this Contract. Any deviation from these requirements must be reported to Fiscal Agent. Failure to maintain qualified personnel, the required level of performance, approved curriculum, and other pertinent quality control standards required by the Fiscal Agent and Department may constitute a breach of this Contract, grounds for termination of this Contract by the Fiscal Agent or the Department, and refund of amounts to Fiscal Agent or Department. SECTION 33. TERMINATION A. If the Subcontractor fails to provide services according to the provisions of this Contract, the Fiscal Agent or Department may, upon written notice of default to the Subcontractor, with opportunity to cure within 30 to 60 days, terminate all or any part of the Contract. Termination may be exercised in addition to any other rights and remedies provided by law or under this Contract. B. The Fiscal Agent or the Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause, upon written notice of default to the Subcontractor and opportunity to cure within 30 to 60 days, or take other actions, including, but not limited to: 1. requiring the Subcontractor to take specific corrective actions in order to remain in compliance with any contractual provision; 2. to recoup payments made to the Subcontractor or impose administrative error sanctions based on audit findings of violations of Contract requirements; and, 3. to suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all Contract rights. -39- Attachment / Sandard Terms and Conditions 78415 CYD Program C. If Federal or State laws or other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this Contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this Contract. D. This Contract may be terminated at any time by mutual consent. In addition, either party to this Contract may consider it to be canceled by giving 14 calendar days advance written notice to the other party. This Contract will be terminated at the end of the 14 day period. Nothing in this section shall be construed to prohibit immediate termination of the Contract pursuant to the sections above. This Contract shall otherwise terminate by the date specified in the Contract Cover Sheet. E. At the end of the Contract term or other Contract termination or cancellation, the Subcontractor, in good faith and in reasonable cooperation with the Fiscal Agent and the Department, shall aid in the transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. F. The Department shall suspend or revoke this Contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud. The Fiscal Agent shall also suspend or revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency listed in Article II of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as it may be amended. SECTION 34. FORCE MAJEURE The Subcontractor agrees to be financially liable for undue delays or failures in Contract performance except for any delay in or failure of performance of any requirement caused by force majeure (i.e., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of the Department, in the exercise of reasonable diligence, until these exigencies have been removed. The Subcontractor shall inform the Fiscal Agent and the Department in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. The Subcontractor agrees that breach of this provision entitles the Fiscal Agent or Department to reduce or stop payments, immediately terminate this Contract, collect partial or whole payment for services not timely delivered, collect other liquidated damages including the amount of any bond for Contract amount, and any other remedies available to the Fiscal Agent and Department under the terms of this Contract, in equity, or under Texas law. ��x01 1[ 0 ]Z1191-IN JiC07Z1119:1Wd »:170]:1Jil_ ZIH= :»T /IA�J Subcontractor will be notified monthly and /or quarterly by written correspondence to identify the Subcontractor's performance in accordance with the performance measures identified in Attachment A -1 These reviews will be considered as Notice of Performance and may be used as a determination of performance. 'i x01IIC Z119I1-WilbU=1Z&1101ZKe72:7_VA IT, I=1Z III � If the Fiscal Agent determines in its sole discretion that Subcontractor is not meeting all performance measures in Attachment A -1, or if Fiscal Agent determines in its sole discretion that Subcontractor is not in compliance with all provisions of the Contract, the Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal Agent may suspend payments to Contractor until such time as Contractor is in full compliance with the performance measures and all other provisions in this contract. Subcontractor will be given prompt written notice and the opportunity for a hearing within fourteen (14) calendar days from such suspension. .l Attachment / Sandard Terms and Conditions 78415 CYD Program SECTION 37. REPAYMENT OF FUNDS. Subcontractor shall issue repayment of funds to Fiscal Agent within 14 calendar days of Fiscal Agent's written demand for repayment if Fiscal Agent determines in its sole discretion that Subcontractor has not met the Performance Measures identified in Attachment A -1. SECTION 38. SUBCONTRACTOR COMPLIANCE WITH PRIMARY CONTRACT Subcontractor accepts and agrees to abide by all terms and conditions of the primary contract between the City of Corpus Christi and the Texas Department of Family and Protective Services ( "Primary Contract ") regarding the Community Youth Development Program. The Primary Contract is incorporated by reference and the Subcontractor is bound to all the requirements, terms, and conditions of the Primary Contract. The Primary Contract controls in the event of any conflict with this subcontract. 'iii' Texas Dept. of Family Certifications Form 4733 and Protective Services February 2010 The certifications enumerated below represent material facts upon which DFPS relies when accepting a bid for this solicitation. If the Department later determines that Potential Contractor knowingly rendered an erroneous certification, DFPS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DFPS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. if the Signor cannot certify the accuracy of all the statements contained in this section, Signor must provide written notice to DFPS detailing which of the below A. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Executive Orders 12549 and 12689 require DFPS to screen each covered Signor to determine whether each has a right to obtain a contract in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Signor certifies the following: 1. That Signor is, to the best of its knowledge and belief, not debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or any resulting contract. 2. That Signor will not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by DFPS or the U.S. Department of Health and Human Services. 3. That Signor will include this section regarding debarment, suspension, ineligibility, and voluntary exclusion without modification in any subcontracts or solicitations for subcontracts. B. Certification Regarding Lobbying. State and federal law place restrictions on the use of state and federal funds in regard to lobbying. The Signor certifies, to the best of its knowledge and belief, that: 1. In accordance with 31 U.S.C. §1352, no federal appropriated funds have been paid or will be paid, by or on behalf of the Signor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 3. The Signor shall require that the language of this certification be included in the award documents for subcontracts and that all subcontractors shall certify and disclose accordingly. 4. Payments of appropriated or other funds to Signor under any resulting agreement are not prohibited by Texas Government Code §556.005 or §556.008. C. Certification Regarding Child Support. Under Texas Family Code Section 231.006, the vendor or applicant certifies that the individual or business entity named in this contract bid or application is not ineligible to Page 1 of 3 Texas Dept. of Family Certifications Form 4733 and Protective Services February 2010 receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. D. Drug -Free Workplace Certification. Signor certifies that it will or will continue to provide a drug -free workplace by- 1 . Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about — a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug -free workplace; C. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (D)(1); 4. Notifying the employee in the statement required by paragraph (D)(1) that, as a condition of employment under the grant, the employee Will- a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (D)(4)(b) from an employee or F otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (D)(4)(b), with respect to any employee who is so convicted — a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace. E. Anti -Trust Certification. Pursuant to 15 U.S.C. Sec. 1, et seq. and Tex. Bus. & Comm. Code Sec. 15.01, et seq., Signor certifies that neither the Signor nor the firm, corporation, partnership, or institution represented by the Signor, or anyone acting for such a firm, corporation, or institution has violated the anti -trust laws of this state, federal anti -trust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. F. Deceptive Trade Practices. Signor certifies that it has not been found guilty or liable of a Deceptive Trade Practices Act or any unfair business practice either in an age 2 of 3 Texas Dept. of Family Certifications Form 4733 and Protective Services February 2010 administrative hearing or court suit within the last 5 years. Signor certifies that it has no officers who have served as officers of other entities who have been found guilty or liable of a Deceptive Trade Practices Act or any unfair business practice either in an administrative hearing or court suit within the last 5 years. Signor represents and warrants that within the last five years it has not been found guilty or liable of any investigation or proceeding by any federal or state securities regulator under any federal or state securities laws or regulations. G. Prohibited Responses and Contracts. Pursuant to Texas Government Code §2155.004006, Signor certifies that the individual or business entity named in this form is eligible to receive the specified contract and acknowledges that any contract concerning this certification may be terminated and payment withheld if this certification is inaccurate. H. Financial Interests; Gifts. Signor certifies that neither Signor nor any person or entity that will participate financially in a contract has received compensation from DFPS for participation in preparation of specifications for a contract. Signor certifies that it has not given, offered to give, and does not intend to give at any time, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any public servant or employee in connection with a contract. As the duly authorized representative (Signor) of the Potential Contractor, I hereby certify that the Potential Contractor will comply with the above certifications. Anne Baker Printed Name of Authorized Representative Signature of Authorized Representative CPO %- 07 ?-1,5 Title of Authorized Representative Date Boys & Girls Club 23792861-1 Legal Name of Potential Contractor Procurement or Contract Number Page 3 of 3 CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2014 -3 This contract ( "Contract ") is entered into by the City of Corpus Christi ( "City" or "Fiscal Agent ") and the following named Subcontractor: CITY: SUBCONTRACTOR: City of Corpus Christi- PARD - CYD SERCO of Texas 615 Leopard, Ste 105 555 North Carancahua, Ste 900 Corpus Christi, TX 78401 Corpus Christi, TX 78478 Telephone: (361) 826 -4028 Telephone: (361) 361 -903 -7893 FAX: (361) 826 -4038 FAX: (361) 361- 903 -7880 Contact Person: Celina Pulcher Contact Person: Nancy Bonilla Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ( "CYD ") funded by the Texas Department of Family and Protective Services ( "DFPS "). This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A-1) Plan of Operation (Attachment A -2) Program Requirements (Attachment A -3) Budget, Reimbursement Request Form & Budget Narrative (Attachments B -1, B -2, and B -3) Standard Terms and Conditions (Attachment C) Subcontractor Certification, Form 4733 (Attachment D) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2013 Through: August 31, 2014 FUNDING OBLIGATION: Not to exceed $108,000.00 for FY 2014 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: Armando Chapa City Secretary Legal form approved By: Douglas DeFratus Assistant City Attorney 2013; City of Corpus Christi Ron Olson City Manager Subcontractor: SERCO of Texas B Nickie G. Valdez, Vice- Presid nt Date: 713013 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM SERCO of Texas TABLE OF CONTENTS Page No. Contract Cover Sheet Tableof Contents ............................................................... ..............................i Contracted Performance Measures (Attachment A -1) ... ..............................1 Plan of Operation (Attachment A -2) ................................. ..............................6 Program Requirements (Attachment A -3) ........................ .............................26 Budget Information Forms (Attachment B -1) ................... .............................28 Reimbursement Request Form (Attachment B- 2) ............ .............................35 Budget Narrative (Attachment B -3) ................................... .............................36 Standard Terms and Conditions (Attachment C) ............. .............................39 Sections 1. Legal Authority 2. Independent Contractor 3. Financial Limitation 4. Liability for Payment 5. Changes and Amendments 6. Accounting Requirements 7. Record Keeping /Reporting Requirements 8. Subcontracting 9. Publicity 10. Technical Assistance 11. Monitoring and Assessment 12. Property 13. Taxes 14. Disputes 15. Independent Audit 16. Prevention of Conflicting Interests 17. Fraud and Abuse Prevention 18. Indemnification 19. Sectarian Involvement Prohibited 20. Political Activity /Lobbying 21. Non - Discrimination and Equal Opportunity 22. Reporting Abuse, Neglect, or Exploitation 23. Health and Safety Standards 24. Insurance 25. Debarment and Suspension 26. Notice and Assistance Regarding Patent and Copyright Infringement 27. Disclosure of Confidential Information 28. Communications 29. General Standards of Performance 30. Entire Agreement 31. Contingent on Funding 32. Trainer Qualifications 33. Termination 34. Force Majeure 35. Monthly Performance Review 36. Suspension of Payments 37. Repayment of Funds 38. Subcontractor Compliance with Primary Contract Subcontractor Certification, Form 4733 (Attachment D) .........................55 ii Attachment A-1 — Performance Measures 93:t00 of Texas — 78415 CYD Program Attachment A-1 Contractor: 33RCOof Texas Program Name: Career Mentoring Contract Number: 23792861 -1 Contract Period: 5eptember 1, 2013 — August 31, 2014 Performance Measures Pursuant to Texas Human Fbsources Code $40.058 all contracts for client services must include dearly defined goals and outcomes that can be measured to determine whether the objectives of the program are being achieved. The Oty will use the following Performance Measures to evaluate the success of the stab- Contractor's performance of services under this contract. Goal of the Contract: To prevent delinquency in Target Youths OUTPUT MEASURES OUTPUT #1: The expected average number of Target Youths are served monthly. Performance Period: Contractor performance for this output is determined for each month of the contract period, either wholly or partially, depending on the contract start and end dates. Indicator: Average number of unduplicated Target Youths served in the Contractor's CYD Program each month Target: 430 Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program Data Source: PEIS Database Methodology: The numerator is the total number of unduplicated Target Youths served by the Contractor during the most recent completed month, added to the total number of unduplicated Target Youths served by the Contractor during each previous completed month (if any). The denominator is the total number of completed months. Divide the numerator by the denominator. OUTPUT #2: The expected average number of Target Youths are served during the contract period. Performance Period: Contractor performance for this output is determined annually but measured quarterly throughout the contract period. Indicator: Total number of unduplicated Target Youths served in the Contractor's CYD Program during the contract period. Target: 1376 Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program Data Source: PEIS Database Methodology: Total number of unduplicated Target Youths with unique client ID numbers that were served by the Contractor during the contract period. OUTPUT #3: Pre - Service and Post - Service Protective Factors Survey Questionnaires are completed by the 6 -9 year old Target Youths served. Performance Period: Contractor performance for this output is determined annually but measured quarterly throughout the contract period. Attachment A-1 — Performance Measures 93:t00 of Texas — 78415 CYD Program Indicator: Percentage of eligible 6 -9 year old Target Youths served in the Contractor's CYD Program from whom completed Pre - Service Protective Factors Survey Questionnaires and matching Post - Service Protective Factor Survey Questionnaires are obtained by the Contractor Target: 60% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources: PEIS Database Methodology: The numerator is the number of eligible 6 -9 year old Target Youths served by the Contractor during the contract period from whom completed Pre - Service Protective Factors Survey Questionnaires and matching Post - Service Protective Factor Survey Questionnaires were obtained. The denominator is the total number of eligible 6 -9 year old Target Youths served by the Contractor during the contract period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. OUTPUT #4: Pre - Service and Post - Service Protective Factors Survey Questionnaires are completed by the 10 -17 year old Target Youths served. Performance Period: Contractor performance for this output is determined annually but measured quarterly throughout the contract period. Indicator: Percentage of eligible 10 -17 year old Target Youths served in the Contractor's CYD Program from whom completed Pre - Service Protective Factors Survey Questionnaires and matching Post - Service Protective Factor Survey Questionnaires are obtained by the Contractor Target: 60% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources PEIS Database Methodology: The numerator is the number of eligible 10 -17 year old Target Youths served by the Contractor during the contract period from whom completed Pre - Service Protective Factors Survey Questionnaires and matching Post - Service Protective Factor Survey Questionnaires were obtained. The denominator is the total number of eligible 10 -17 year old Target Youths served by the Contractor during the contract period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. OUTCOME MEASURES OUTCOME #1: 6 -9 year old Target Youths report an increase in the protective factors Performance Period: Contractor performance for this outcome is determined annually. Indicator: Percentage of unduplicated 6 -9 year old Target Youths who indicate an absolute increase in protective factors, as determined by comparison of the Pre - Service Protective Factors Survey scores to the Post - Service Protective Factors Survey scores Target: 75% (The Contractor's ability or inability to meet or exceed this target will not be the sole means for assessing their success in providing the contracted client services. DFPS reserves the right to revise the target for this outcome measure for any subsequent contract periods based on statewide Contractor performance data.) Purpose: To evaluate the Contractor's success at increasing protective factors in the 6 -9 year old Target Youths who are served by the Contractor's CYD Program Data Sources: PEIS Database Methodology: For each eligible 6 -9 year old Target Youth from whom both Pre- and Post - Service Protective Factors Survey Questionnaires are obtained by the Contractor: 1. Calculate the scores for both the Pre- and Post - Service Questionnaires per instructions in the Protective Factors Survey User Manual. Attachment A-1 — Performance Measures 93:t00 of Texas — 78415 CYD Program 2. For each set of matching Pre- and Post - Service Questionnaires from the same 6 -9 year old Target Youth, subtract the score in the Pre - Service Protective Factors Survey Questionnaire from the corresponding score in the Post - Service Protective Factors Survey Questionnaire to determine an absolute increase, if any. 3. Count the number of Post - Service Protective Factors Survey Questionnaires that indicate an absolute increase. 4. The numerator is the number of Post - Service Protective Factors Survey Questionnaires that indicate an absolute increase in the score. The denominator is the total number of Post - Service Protective Factors Survey Questionnaires completed by eligible 6 -9 year old Target Youths. Divide the numerator by the denominator, multiply by 100 and state as a percentage. (The Contractor must meet or exceed the target for Output #3 in order to achieve the target for this outcome.) OUTCOME #2: 10 -17 year old Target Youths report an increase in the protective factors Performance Period: Contractor performance for this outcome is determined annually. Indicator: The number of Protective Factors Survey subscales (protective factors) for which 10 -17 year old Target Youths indicate an absolute increase by comparing Pre - Service Protective Factors scores to Post - Service Protective Factor scores. Target: On protective factor which 75% of 10 -17 year old Target Youths indicated an absolute increase (The Contractor's ability or inability to meet or exceed this target will not be the sole means for assessing their success in providing the contracted client services. DFPS reserves the right to revise the target for this outcome measure for any subsequent contract periods based on statewide Contractor performance data.) Purpose: To evaluate the Contractor's success at increasing protective factors in the 10 -17 year old Target Youths who are served by the Contractor's CYD Program Data Sources: PEIS Database Methodology: For each eligible10 -17 year old Target Youth from whom both Pre- and Post - Service Protective Factors Survey Questionnaires are obtained by the Contractor: 1. Calculate the subscale scores for both the Pre- and Post - Service Questionnaires per instructions in the Protective Factors Survey User Manual. 2. For each 10 -17 year old Target Youth, subtract the subscale scores in the Pre - Service Protective Factors Survey Questionnaire from the corresponding subscale scores in the Post - Service Protective Factors Survey Questionnaire to determine an absolute increase, if any. 3. For each subscale, count the number of Post - Service Protective Factors Survey Questionnaires that indicate an absolute increase. 4. For each subscale, the numerator is the number of Post - Service Protective Factors Survey Questionnaires that indicate an absolute increase in that subscale score (protective factor). The denominator is the total number of Post - Service Protective Factors Survey Questionnaires completed by eligible10 -17 year old Target Youths. Divide the numerator by the denominator, multiply by 100 and state as a percentage. 5. Count the number of subscales (protective factors) for which the percentage equals 75% or more. (The Contractor must meet or exceed the target for Output #4 in order to achieve the target for this outcome.) OUTCOME #3: 10 -16 year old Target Youths served in the Contractor's CYD Program will not engage in delinquent behavior. Outcome Performance Period: Contractor performance for this outcome is determined annually. Attachment A-1 — Performance Measures 93:t00 of Texas — 78415 CYD Program Outcome Indicator: Percentage of 10 -16 year old Target Youths that are not referred to a county juvenile probation program while registered in and receiving services from the Contractor's CYD Program Outcome Target: 95% Purpose: To evaluate the Contractor's success in providing services that deter delinquent behavior in 10 -16 year old Target Youths receiving services from the CYD Program Data Sources: Texas Juvenile Justice Department database and PEIS database Methodology: The numerator is the total number of unduplicated 10 -16 year old Target Youths served in the Contractor's CYD Program during the contract period who were also referred to a county juvenile probation program while registered in the Contractor's CYD Program. An existing protocol for matching youth data maintained in the CYD database with youth data maintained by the Texas Juvenile Justice Department database will be used to establish the numerator. The denominator is the total number of unduplicated 10 -16 year old Target Youths served in the Contractor's CYD Program during the contract period. Divide the numerator by the denominator, subtract this number from one, multiply by 100 and state as a percentage. DEFINITIONS Absolute Increase — A documented increase in the score for the Post - Service Protective Factors Survey Questionnaire relative to the corresponding score for the matching Pre - Service Protective Factors Survey Questionnaire. Completed Protective Factors Survey Questionnaire — For the Child (age 6 -9) Protective Factors Survey Questionnaire, the Child must have responded to a minimum of 15 items. For the Youth (age 10 -17) Protective Factors Survey Questionaire, the Youth must have responded to a minimum of 20 items. Contract Period — The total length of this time frame is limited to all or part of the current fiscal year and shall not exceed 12 months. Eligible (to respond to the Post - Service Protective Factors Survey Questionnaire) — A 6 -17 year old Target Youth that has completed a Pre - Service Protective Factors Survey Questionnaire and; • Completed the prescribed CYD Program; or • Participated in the CYD Program for 12 months from the date the Pre - Service Protective Factors Survey Questionnaire was completed. The Post - Service Protective Factors Survey Questionnaire must be the same version (Age 6 -9 or Age 10 -17) that was administered to the youth as the Pre - Service Protective Factors Survey Questionnaire. The youth's age is calculated as of the date of registration or September 1st of the current fiscal year if the youth was registered in a previous fiscal year. Eligible (to respond to the Pre - Service Protective Factors Survey Questionnaire) — A 6 -17 year old Target Youth must be newly registered into the CYD Program during the current contract period. The youth's age is calculated as of the date of registration in the contract period assessed. Post - Service Protective Factors Survey Questionnaire — A tool identical to the Pre - Service Protective Factors Survey Questionnaire administered to the 6 -17 year old Target Youth following the receipt of services and designed to assess changes in the levels of the Target Youth's protective factors. Attachment A-1 — Performance Measures 93:tOD of Texas — 78415 CYD Program Pre - Service Protective Factors Survey Questionnaire — A tool administered to the 6 -17 year old Target Youth prior to the receipt of services and designed to assess the levels of the Target Youth's protective factors. Protective Factors — Personal characteristics or environmental conditions that interact with risk factors to reduce the likelihood of problem behaviors. Subscale — Groups of questions on the Youth (age 10 -17) Protective Factor Survey Questionnaire indicative of one of five protective factors: Family Bonding /Communication; School Involvement; Individual Self- Esteem /Self- Efficacy; Positive Peer Association; Community Involvement. Target Youths — Youths through 17 years of age who live in and /or attend school in one of the designated ZIP Code areas or attend school at another eligible public middle or high school located outside of the designated ZIP Code area that has at least 30% enrollment from the designated ZIP Code area as determined by DFPS. Unduplicated Target Youth — A Target Youth with a unique client ID number who receives at least one service is only counted one time during the performance period. Attachment A-2 — Performance Measures 93:t00 of Texas — 78415 CYD Program Subcontractor Name: SERCO of Texas Program Name: SERCO Job Skills & Career Program Total Requested CYD Funding Amount: $108,000.00 Name: I Title: I E -mail: I Phone Number: Nickie G. Valdez I Vice - President I nvaldezn- sercoha.com 1 361/903 -7888 Address: 555 N. Carancahua #900, Corpus Christi, Texas 78401 Inclusive Dates of Service: From: 09/01/13 To: 08/31/14 All addresses (locations) where services will be provided, (please use full address 1. Sam Houston Elementary, 363 Norton Street, Corpus Christi, TX 78415 2. Baker Middle School, 3445 Pecan Street, Corpus Christi, TX 78411 3. South Park Middle School, 3001 McArdle Street, Corpus Christi, TX 78415 4. Mary Carroll High School, 5301 Weber Road, Corpus Christi, TX 78411 5. Moody High School, 1818 Trojan Drive, Corpus Christi, TX 78416 Output #1: Output #3: Average number of unduplicated 66 -69 Average number of NA youth served monthly* : unduplicated adults served monthly *: Output #2: Output #4: Number of unduplicated youth 800 -830 Number of unduplicated NA served during the fiscal year * *: adults served during the fiscal vear * *: Calculate the cost of the overall program per youth (Cost per = $Contract amount / # youth served annually.): $106.25 Please fill in the following chart to explain how you will reach your target outputs during the fiscal year. If clients will be served only in individual or group services, add the Annual Outputs for both services and enter the sum above. On the other hand, if clients will be served by BOTH individual AND group services, the annual outputs should be identical and that number should be entered above. Be sure to include all services that will be provided. Copy and paste multiple rows as needed. Individuals: Attachment A-2 — Performance Measures 93:t00 of Texas — 78415 CYD Program 1. Is this CYD Program a stand -alone program or component of a larger program? The program is the amalgam of all the separate services provided. 2 13 ® Stand -alone ❑ Component of a larger program (Name of the larger program) Check the services to be provided: ® Youth -Based Curriculum Activity ❑ Family -Based Curriculum Activity ❑ Family Focused Service ® Recreational Services ® Academic Support Services ® Life Skills Classes ® Mentoring ® Youth Leadership Development ® Youth Advisory Committee Business (only 1 provider will be chosen to provide the YAC business service type) Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms ® Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental /guardian supervision ® Caring adults other than parent ® Strong bond between children and parents ® Emotional support and absence of severe criticism ® High parental expectations ® Clear rules and expectations ® Involvement with school /community ® Friendship network ® Positive perception of self and others ® Places high values on helping others ® Sense of purpose Attachment A-2 — Performance Measures 53:t00 of Texas — 78415 GYD Program 4. Describe the services to be provided. Be sure to include every service indicated in the check box above. Igniting the excitement of our future workforce is the key to student achievement. This program will do just that – inspire students to dream of being successful in their selected career field. Through immersion in hands -on learning, job shadowing, educational field trips, higher education campus tours and demonstrations — elementary, middle and high school students become aware of careers in their community and the education and training requirements necessary to secure these jobs in the future. Focusing on current and future high- demand occupations in Texas and in the Coastal Bend, students participating in the program will gain first -hand job experience in the petrochemical and refining industries, health and science careers, advanced technologies and manufacturing, energy and other growing trade and skill sets. Students will also learn about public service professions and other technical jobs including jobs in public safety, government, hospitality and tourism, and other service professions. While inspiring students to plan for their future and gain employment in profitable careers, SERCO's proposed program participants will also learn how their academic subjects apply to these jobs – connecting education to the real world. In recognizing the need to encourage positive past time activities, students participate in indoor /outdoor recreation, leadership development opportunities, life skills activities and career exploration. Through participation in the program, staff, mentors and other partnering organizations encourage students to evaluate their career options, graduate from high school, and pursue education or training. A combination of group learning and experiences, work site visits, career exploration activities and career mentoring will offer a unique learning opportunity for the CYD 78415 program and the target population of students within this zip code. Career mentors and experiences will provide students with a platform for studying traditional academics and learning the skills specific to a career. A touch screen computer was provided to three of the school campuses specifically for the SERCO CYD Program as a mode of access to career information. SERCO proposes to expand this mode through the purchase of career exploration software for each of these computers. The internet will also be utilized to offer a pre- recorded web -based version of an actual visit to the worksite —a "virtual reality" trip as it will not always be possible to send an entire group to a location. There are several website links available to schools to utilize for this purpose as well. The career software will demonstrate job appropriate skills to give the students insight into job performance and the requirements to be successful in attaining a similar position in the future. Many educational lessons can be formulated to answer student questions regarding pay scales and length of the preparatory course of study. SERCO's proposed program will better prepare students to plan for their futures as they prepare to enter the workforce while promoting positive activities for youth to be engaged in with less likelihood of engaging in delinquent behavior. ZPVUl !!WBEFSTI DEFV1IFNPCNFCXt The SERCO CYD program will strive to develop leadership skills in all the youth its serves but will provide the opportunity for approximately forty (40) high school students to begin to establish the skills and knowledge it takes to be a leader in their communities. A YOUTH SUMMIT will be planned and led by the Youth Advisory Committee (YAC) in the 78415 community to encourage leadership development. The YAC will be recruited to choose date, topics, speakers, location and to coordinate and facilitate the summit activities. Adults will be on hand to assist and offer guidance but youth will coordinate all activities as a leadership development activity. Community Service will play an integral part in the effectiveness of this program. Studies have shown that students involved in community service projects have increased positive feelings and mental health, and decreases in depression and stress. Students participated in many community service projects this past program year such as visiting nursing homes, toy drives for foster youth, awareness walks, city cleanups and many more. Projects will also be solicited from the 78415 community through formal requests to the campuses. Applications will be taken for one -day projects such as yard work, painting, cleaning, minor carpentry, etc for economically disadvantaged senior citizens and others. Attachment A-2 — Performance Measures 93:U0 of Texas — 78415 GYD Program Applications will be reviewed by YAC youth and selected for implementation each month. Community service projects help redirect energies of at -risk youth to more positive social activities. Participating in community service projects can be an effective tool in instilling a sense of belonging or stability that these youth need to feel connected NFCLPS.3H; A group mentor program will be implemented at the elementary school campus to provide students with positive support, counsel, and friendship. Students will alternate meeting during breakfast or lunch once a month to hear presentations from guest speakers from various career fields; to learn life skills; and, to participate in educational field trips. Career Mentoring - -A Career Club will be implemented on the middle and high school campuses to provide students with guidance to make career decisions and promote long term goals such as college exploration and career exploration. These Career Clubs have been a very successful component of the SERCO CYD Program. Students will have the opportunity to learn about various career fields through guest speakers and field trips as well as attending College Career Fairs and Industry Fairs such as the Del Mar Health Careers Fair and the Driscoll Children's Hospital Career Fair students have attended in past years. Students enjoyed numerous field trips throughout the year such as campus tours at Texas State University in San Marcos, Texas A &M University Corpus Christi and Del Mar College; Girls in Engineering Day at University of Texas in Austin; Explore UT; a visit to the Alamo and the Witte Museum in San Antonio to name a few. Guest speakers will be scheduled bi- weekly so that all the career clusters can be covered over the school year. The high school students will also be offered the opportunity to participate in workshops for resume writing, interviewing techniques, appropriate interview attire, etc. The YAC will plan a Career Day inviting various employers to conduct mock interviews with the students while providing feedback for improvement of interviewing skills. In addition, speakers from various fields of interest will be recruited to present information to students on a bi- weekly basis as part of a lunch "career club" during the three scheduled lunch shifts. High school students will be offered the opportunity to participate in National Groundhog Job Shadow Day where they will be placed at a worksite in a career field of interest. Mg:!TLJAT— Campus Program Supervisors (school counselors) will provide counseling and guidance as the need arises to meet each student's needs. These school Campus Program Supervisors are trained to assist students in times of crisis and are able to recognize the warning signs of a youth in trouble more readily than someone not trained in these areas. Curricula on topics such as bullying, cyber bullying, character education, and decision making will be part of the classroom instruction that will be provided by the Campus Program Liaisons (school counselors) during the school day. It is important to teach youth the importance of setting goals and being involved in constructive activities that provide an alternative to juvenile delinquency. They need to learn the importance of having self- respect, setting boundaries and taking care of themselves. Youth need to be connected to school so being involved in activities that provide positive experiences are an effective way of building their confidence and self- esteem. They need to realize the importance of staying in school and staying focused on future goals. . SFDSFBUPCBMTFSMFTo Youth will have access to Sports Clubs at participating campuses which have been successful in the past. These clubs offer students the opportunity to get together after school in a friendly environment where they can play any one of the numerous sports activities available or they can meet at the gym to talk or go over homework as they wait for parents to pick them up after school. Organized sports leagues are also available for youth to participate in if they so choose with SERCO providing the fees for the team sports. BDBEFN.D!TVQCPSUTFSVVDFT6 Students will be offered the opportunity for before and/or after school tutoring to improve their academic grades and/or to better prepare for the yearly STAAR tests. Campus teachers will be utilized to provide this service to the students with incentives such as pizza parties to entice them to continue improving their study skills. Stipends for campus teachers will be provided by the school campuses as in -kind salary. Attachment A-2 — Performance Measures 53:t00 of Texas — 78415 CYD Program ZPVUl !CBTFE!DVSS.DVWN!BDl11 26 SERCO proposes to offer several youth based curriculum to the students before, during and after school as part of its character education emphasis. Utilizing lesson plans from Girls Circle, Stop & Think, and Cyber Bullying Prevention curricula will be included as a strategy in the effort to reduce juvenile delinquency. Stop & Think! And Cyber Bullying Prevention will be taught in classrooms during the school day by the school counselors. Other curricula to be used during sessions with the group mentors include Girls Circle enabling small discussions from the lesson plans in a more private setting without outside distractions. The SERCO CYD program will benefit the youth at all campus sites and SERCO's previous experience working with the campus staff will ensure continued ongoing support and coordination of all project activities. Baker Middle School offers SERCO a unique opportunity to continue its effort of establishing cohesiveness between two subsets of students: 1) Athena students (gifted & talented) who have developed long friendships with fellow students attending the elementary feeder school of Windsor Park Elementary; and, 2) the "community" students who live in the 78415 neighborhoods. High School students will be recruited to participate in the YAC and other leadership development activities. The elementary school sites to be served will plant the seed of career exploration for long term goal setting. Society's consequences of juvenile delinquency are: increased high school dropout rates, increase in substance abusers, increased number of incarcerations, child abuse and poverty -- leading to more families entering the child welfare system — each are costly to a community. 5. Identify the days and times that services will be provided. Be sure to include every service indicated in the check box above. Tf 94df Youth based curriculum Kmpo South Park/Baker /Sam Houston Ebz Weekday (TBA) During school day (TBA) Youth based curriculum South Park /Baker /Sam Houston Weekday (TBA) During school day (TBA) Leadership Development Community (TBA) Saturdays once a month 9:OOam to 1:OOpm Mentoring Moody /Sam Houston Weekday (TBA) During school day (TBA) Career Mentoring Baker /South Park MS Weekday (TBA) Before school day (TBA) Career Mentoring Carroll /Moody HS Weekday (TBA) Lunch shifts Life Skills All Weekday (TBA) 4:00- 5:OOpm Recreational Services Baker /South Park Weekday (TBA) 4:00- 5:OOpm Academic Support Services Baker /South Park/Carroll Weekday (TBA) 4:00- 5:30pm YAC Carroll /Moody HS Weekday once a month 4:30- 6:OOpm 6. Describe what startup activities will be necessary, including but not limited to hiring and training staff, publicizing your program in the community, and recruiting youth to the program. Provide a brief timeline for all activities. SERCO has been operating a CYD program on campuses for the past five (5) years so there will be no startup time lapse between the end of this program year and the start of the next. Counselors will recruit youth from their respective campuses to the program who will benefit most. Outreach efforts will be made during the new student orientations prior to the start of school and at the first of the school year to inform new students and parents of the program and its activities so that students can begin to be recruited early so that they may benefit from the program activities as soon as possible. SERCO staff will be available at the first Open House /PTA meeting on campuses so that parents can get a preview of CYD program activities for students. We] Attachment A-2 — Performance Measures 93:tOO of Texas — 78415 CYD Program 1IIi,Ti141111111,"1� BdOWOf t Tdi f evrfi Cbsz!Sf t spot icrfi Ef rpf sbcrft Provide orientation of program requirements /work 9/13 Program Liaison /Program Manager Attendance logs plan /timeline 9 sessions Youth based curriculum (middle school) Target youth Provide campus staff, students, parents & others with an 9/13 Program Manager Attendance logs overview of program services to be provided. 2 sessions per month 9 months 18 sessions Provide Workforce Solutions staff with an overview of 9/13 Program Liaison Attendance logs program services to be provided to targeted youth Career Mentoring (middle & high school) Target youth 2 sessions per month Campus program implemented & facilitated on campuses 9/13 -7/14 Campus program supervisors Attendance logs Youth participants will be referred to Workforce Solutions 9/13 -8/14 Program Manager /Program Liaison Attendance logs youth program for additional services if eligible Community service projects planned & implemented by 9/13 -8/14 Program Manager /Program Liaison Attendance logs YAC & other youth Recruit speakers from community to speak on career 9/1/13 -8/14 Program Manager /Campus staff Attendance logs topics to program & schedule speaking events. Recruit & train mentors for mentoring component 9/13 Program Manager Attendance logs Conduct monthly meetings with campus 9/13 -8/14 SERCO staff Attendance logs staff /mentors/YAC Host "family night' events 9/13 -5/14 Program Manager /Program Liaison Attendance logs College Exploration activities scheduled 9/13 -7/14 Program Manager /Program Liaison Attendance logs Life skills taught to youth 9/13 -8/14 Campus staff Attendance logs Coordinate "Independent City" activity 9/13 -10/13 Campus program Supervisors Attendance logs YAC to attend meetings/Youth Conferences 9/13 -8/14 Program Liaison Attendance logs Host a Youth Summit 5/14 YAC /Program staff Registrations /logs 7. Identify the frequency, intensity and duration of services for a client: Service Type use the service type names first and individual program names in parentheses, if needed For Whom target youth, primary caregiver Frequency daily, weekly, monthly (1 service does not equal a time period such as an hour ) Duration the amount of time it will take a client to complete the proqram Intensity The total # of sessions per client Youth based curriculum (elementary) Target youth 1 session per month 9 months 9 sessions Youth based curriculum (middle school) Target youth 4 sessions per month 2 months 8 sessions Leadership Development Target youth 2 sessions per month 9 months 18 sessions Mentoring Target youth 1 session per month 9 months 9 sessions Career Mentoring (middle & high school) Target youth 2 sessions per month 9 months 18 sessions Career Mentoring (elementary) Target youth 1 session per month 9 months 9 sessions Attachment A-2 — Performance Measures 53:t00 of Texas — 78415 CYD Program Life Skills (high school) Target youth 4 sessions per month 9 months 36 sessions Recreational Services Target youth 4 sessions per month 9 months 36 sessions Academic Support Services Target youth 16 sessions per month 4 months 64 sessions YAC Target youth 1 session per month 11 months 11 sessions 8. Describe specific strategies of the proposed program that will reduce or prevent the impact of juvenile crime. In attempting to reduce delinquency and youth violence, the need is there to identify the risk factors and address each one. Typically, the risk factors are: alcohol and/or drug use in the home and the community; long term unemployment in their areas; poor academic achievement & truancy due to lack of parental support; lack of positive peer influence; lack of school or community involvement; and high levels of community or family violence. Our unique blend of personal and career mentoring will be much more effective because it shows the student WHY staying in school and doing well is important — so that they may qualify for a real job in the real world, wherein they can make a difference every day in their own lives and in the lives of their loved ones. Research shows that students who are given "hands on" learning opportunities are much more apt to remain in school and pursue their chosen career path. Enhancing, developing and in some cases, instilling self- esteem in youth is essential in the effort to prevent juvenile delinquency. There are several elements in the program design to meet these needs: on -site counseling and guidance by the school counselors who also will be the campus supervisor for the CYD program, mentoring, leadership development, academic assistance, recreational activities and job readiness skills. SERCO has the experience and resources to effectively train volunteer mentors from the community to provide positive experiences for the youth they mentor in a safe environment that fosters trust and security. Mentors will commit their time and energy into developing relationships that will impact the youth for years to come. Mentors and youth will be provided educational learning and cultural opportunities to grow. Ongoing support and training will be provided to mentors throughout the program year following a weekend orientation retreat and training. The youth will be provided a similar experience prior to the start of the mentor program so that all parties are aware of the expectations and guidelines of the program. One of the biggest problem students state and must overcome is a lack of motivation and boredom in school. Too many students are unable to bridge the gap between the curriculum and their everyday lives. Community service can provide the important missing link for many students and gives them an opportunity to apply academic learning to real human needs and to make the knowledge gained relevant. Research shows that community service can offer the following: • increase students' personal, interpersonal and social development • increase motivation, student engagement, and school attendance • and, lead to more positive lifestyle choices and behavior. However, the most critical component to implementing a program for change will be parent involvement. Often aggressive behavior is associated with stress in the home. Providing parents with the skills and techniques to effectively communicate with their youth will assist the family in becoming a positive force in the lives of their children and motivate them in the right direction. If there are substance abuse issues in the home, referrals to the FAST program sponsored by the Council on Alcohol and Drug Abuse can be made. Campus Program Supervisors can also assist in counseling the family on a short term basis while referring more intensive counseling. Family nights out on the campuses will help families to spend time on positive, constructive activities that will strengthen the family unit. The effectiveness of the program also relies on the availability of collaborative partners in this effort. SERCO has the commitment of resources in the community to carry out the work plan components to successfully meet the goals of the CYD program. Prevention strategies succeed when they are positive and create opportunities for healthy physical, `v, Attachment A-2 — Performance Measures 93tCO of Texas — 78415 CYD Program social, and mental development of youth. The whole community has to become part of the solution. Preventing delinquent behavior is much more cost - effective in reducing juvenile crime than rehabilitating adjudicated delinquents. In many cases, it not only saves money —it saves lives. 9. Identify the program target in terms of the specific number of unduplicated (the first time a youth is seen) CYD participants to be served over the proposed contract period. Describe any variances in the average number of youth served that may occur per month (i.e. December is typically slower because the program is closed for half the month, etc). SERCO proposes to serve 830 unduplicated students during program year 2013 -14. The SERCO Job Skills and Career Mentoring Program will serve Sam Houston Elementary Schools; Baker and South Park Middle Schools; and Carroll and Moody High Schools. An average of 70 unduplicated students will be served on a n pod re!cbt jt on the five (5) campuses for an average of 3! f odpvotf st ! of sl n pod / An increase in certain months will be the result of community service projects being offered; the Youth Summit which will bring in new unduplicated youth; and field trips which will bring up the number of n pod rn!f odpvotf st !with these youth. The summer program has the potential to bring in additional unduplicated youth who may not have participated in the before or after school programs offered during the school year. SERCO plans kickoff rallies for the Program, so we expect the participation numbers to be high at the onset of the Program. Typically, school attendance is significantly higher in the fall than the spring, so we can expect some variance due to this factor. Spring typically has lower attendance rates than fall, because families experience difficulties, children fall behind in school, and the good intentions of the new school year erode in the face of mounting personal and familial difficulties. Attendance rates during the holidays are usually high due to the numerous community service projects undertaken, but with a shorter school month, we can expect lower numbers in December and January than in September and October. Similarly, attendance is usually lower during Easter and Spring Break. 10. Describe how you will work to keep the duplication rate down to below 20% of the entire target. (Duplication rate is calculated by the number of youth that participate between programs). The attempt will be made to ensure that as many of the entire target youth participate in the various CYD programs offered under the umbrella of the SERCO CYD Program. To achieve the goal of keeping the duplication rate down to below 20% of the entire target, staff will strive to keep youth informed of all the programs and activities available and encourage them to participate. The Campus Program Supervisors will work with the youth to remove any barriers to participation as well as offering incentives for attendance, as allowable, and provide emotional support and guidance to them. 11. If you have been previously funded by this program, what were your target goals and did you meet or exceed your target goals? SERCO had a program target goal for the program year 2012 -13 of 800 and has met this goal validating the impact and relevance of its program to youth and the mission of the CYD program. 12. Identify the target population to be served: The target population that the SERCO Career Mentoring Program will serve will be youth between the ages of 10 to 17 years of age. A total of 80 Grade 5 students will be recruited for the gender specific group mentor programs. All middle school youth will be recruited for all programs to be offered on their campuses with the goal of 400. Youth up to the age of 17 will be recruited for the high school career exploration and leadership development program for an anticipated goal of 350 students. 13 Attachment A-2 — Performance Measures 93:U0 of Texas — 78415 CYD Program 13. If applicable, identify any program model or curriculum to be implemented and include the developer of the program (e.g. All Stars Curriculum by Tanglewood). Hjsb!gsdrfi by the Tides Center Ttpq!' U jol " by the National Dropout Prevention Organization Dzcf slOvri,4oh by Hazelden Kpvsof z!pgd f !Hsf lx1X bs�ps(Boys' Curriculum) by the Tides Center 14. Identify the CYD Program's goals and objectives. All goals and objectives should address the impact on juvenile delinquency. Goals are broad statements of what your program is intended to achieve. Objectives are specific, measurable, achievable, relevant and time - focused statements. Goal(s): Youth will participate in positive activities that reinforce their self- esteem Objective(s): Youth will engage in program activities at least once a month Youth will convey positive self image through feedback to mentors and program staff Youth will not receive any referrals for behavior Goal(s): Youth will learn to set short and long term goals Objective(s): Youth will demonstrate an understanding of the importance of goal setting Youth will establish at least one written goal to attain by the end of the school year Goal(s): Youth will explore careers they are or may be interested in for future employment Objective(s): Youth will participate in at least two career exploration activities or meetings during the year Youth will research possible career fields for future employment through computer access 15. Describe the evaluation plan for the program to include: staff responsible for evaluation, how evaluation data will be collected, how evaluation data will be conveyed to relevant staff and how evaluation data will be used to revise or improve the program, to include at least the results of the satisfaction surveys. Include a list of measurement tools that will be collected, if applicable, to demonstrate on -going program effectiveness and implementation of the program design. Program evaluation is a systematic method for collecting, analyzing, and using information to answer questions about a program to determine its effectiveness and efficiency and if the activities are actually having the intended effect —in this case decreasing juvenile delinquency. SERCO Program staff will be responsible for ensuring that the pre and post tests are completed by each registrant and that the satisfaction surveys are conducted at the end of each service cycle. These two measurement tools plus feedback from the YAC, acting as a focus group, will assist Program staff in modifying its work plan to reflect the interests of students and to implement new strategies upon a strategic planning session with all Program staff 14 Attachment A-2 — Performance Measures 93:U0 of Texas — 78415 GYD Program who will meet every other month to evaluate program to date. A planning session prior to the start of the 2013 -14 program years will determine the outputs to be achieved using this logic model. Evaluation SOWS C011WA 0010 * IYU` ON 11*00rd - R.OPW 16. Recruitment a. Describe the process for recruitment of at -risk youth and their families. Provide a description of any outreach strategies used to encourage referrals and collaboration. Include recruitment efforts to address cultural diversity. Identify those agencies and organizations which are likely to refer clients. Counselors will recruit youth from their respective campuses to the program who will benefit most. Outreach efforts will be made during the new student orientations prior to the start of school and at the first of the school year to inform students and parents of the program and its activities so that students can begin to be recruited early. SERCO staff will be available at the first Open House /PTA meeting on campuses so that parents can get a preview of CYD program activities for students. These meetings will be coordinated with the District's Parent Involvement liaisons on these campuses as well as being supported by the District's Parent Involvement Coordinator. One designated campus will recruit youth who will best benefit from a continuing program into the summer. SERCO ran a summer program at three of the middle school sites with activities such as cooking classes, nutrition education, sports activities, career exploration in Marine Science, and character education. A similar program integrating these components will be coordinated for a summer activity. SERCO does not anticipate any obstacles in its recruitment efforts to provide youth with a program of relevance as can be seen with the program success it has experienced during the past five (5) years of operation. SERCO will continue to provide a quality program that promotes learning, teaches real life skills, and provides an innovative approach in encouraging youth to look beyond today and towards their futures. b. Describe any community based outreach and awareness events or activities your program will implement or participate in this year. The YAC will assist the CYD Program Director, Ms. Celina Pulcher, with any CYD festivals planned for all CYD youth participants during the program year. The YAC will also be responsible for planning, coordinating and implementing a Youth Summit for CYD participants. Program staff will actively outreach to youth and parents at `tit Program Action m Logic Model f .... , C'I i itl's 'Ba`fiaE wn L+iMaaa WM do V'Y4hp W mc4 ' Whatthe l°Ci"E t9Ea I WT"t ft Ctrn i. (X�Xt Pa1r1Ym on R$WW$ aFlk ITNU mm rAN i,�i r,€r€r rae`xi. gAjf % 1'i�. Chub, nlrs � 1XVIN, Aojwcog d �s "ddirs g�.Cs 'z°C95 t,'drd� s` �x : E i ^dar3o SONII. tiP.NiB Yk- `•±R {si:li'.Ib- 1119 WS Kf'3N3`a.;je^ �"f9`a!:RA Ewwr I'e E u+.pB u;ri✓f ��n E''nehFb"�P',kt�iAM CRP�'F�O41ET1. v�s�deEti'tE1`i';" 4'EC@�i (; 1�@ t 9&+ ' v�.. YiE••'u+Jt�'K11 TramPOU llti alig . {rte zE. E. P "w iYi :1K+fi O t Ir£igf EC$',ci4'3 iii. bre�n3�E+kfu Ek�sTd>w"i�M1& S,xowl ArAgP Awn* Cdktler�Ea2mC� F°AfK�`�.. d "'Enter L 7 Evaluation SOWS C011WA 0010 * IYU` ON 11*00rd - R.OPW 16. Recruitment a. Describe the process for recruitment of at -risk youth and their families. Provide a description of any outreach strategies used to encourage referrals and collaboration. Include recruitment efforts to address cultural diversity. Identify those agencies and organizations which are likely to refer clients. Counselors will recruit youth from their respective campuses to the program who will benefit most. Outreach efforts will be made during the new student orientations prior to the start of school and at the first of the school year to inform students and parents of the program and its activities so that students can begin to be recruited early. SERCO staff will be available at the first Open House /PTA meeting on campuses so that parents can get a preview of CYD program activities for students. These meetings will be coordinated with the District's Parent Involvement liaisons on these campuses as well as being supported by the District's Parent Involvement Coordinator. One designated campus will recruit youth who will best benefit from a continuing program into the summer. SERCO ran a summer program at three of the middle school sites with activities such as cooking classes, nutrition education, sports activities, career exploration in Marine Science, and character education. A similar program integrating these components will be coordinated for a summer activity. SERCO does not anticipate any obstacles in its recruitment efforts to provide youth with a program of relevance as can be seen with the program success it has experienced during the past five (5) years of operation. SERCO will continue to provide a quality program that promotes learning, teaches real life skills, and provides an innovative approach in encouraging youth to look beyond today and towards their futures. b. Describe any community based outreach and awareness events or activities your program will implement or participate in this year. The YAC will assist the CYD Program Director, Ms. Celina Pulcher, with any CYD festivals planned for all CYD youth participants during the program year. The YAC will also be responsible for planning, coordinating and implementing a Youth Summit for CYD participants. Program staff will actively outreach to youth and parents at `tit Attachment A-2 — Performance Measures 53:t00 of Texas — 78415 GYD Program any campus PTA gathering by exhibiting program materials and a power point presentation that has been developed to showcase the SERCO CYD program activities. 17. Retention a. Describe strategies used to engage youth and their families. Describe any techniques you will implement to establish trust, build rapport, and maintain relationships with your target population. Program staff will work diligently to educate parents about the benefits of their child participating in the CYD Program and its activities, so that they, in turn, can encourage their child to participate. Program staff will be in attendance at campus events so that parents feel comfortable approaching staff about any concerns they may have about their child. A database of addresses of SERCO CYD youth will be compiled with periodic mailings being sent out to parents of youth registered. SERCO will also collaborate with scheduled campus Family Nights such as Science Family Night and Math Nights to ensure that the CYD program maintains high visibility on campuses. b. Will your program offer incentives for participation? ® Yes ❑ No If yes, describe the types of incentives and how they will be used (Note: Please refer to the PEI policy on incentives). Only incentives that are allowable under the PEI policy will be offered. They will be utilized as a reward to youth for continuous program participation and/or for attendance and grade improvement. c. Describe your plans to retain youth in the program and ensure youth complete the program. Describe how you will recover youth who stop attending services to return to the program. SERCO has developed a work plan for the program year that includes successful activities that were facilitated during the past five (5) years of operation as well as an expanded schedule of activities. More industry field trips will be incorporated into the program to expose students to more career fields that will enhance knowledge gained through guest speakers. The YAC that will be recruited for the leadership component of the proposal will have an active voice in the addition of new program activities and events, especially during the planning retreat to be held prior to the start of the new program year. This will ensure that student interest will remain throughout the program year allowing for the retention of student participation. These same YAC members will be the voice of the program and will reach out to other students who have dropped out of the program for feedback to assist program staff in ensuring that the program offers something for everyone. 18. Will this program use volunteers? ® Yes ❑ No If yes, describe the procedures for recruiting and screening volunteers and what criteria will be used to ensure they are a good fit to deliver the proposed services. SERCO has established Personnel Policies and Procedures for recruiting and screening (including criminal background checks) of staff and volunteers. SERCO's Standard Operating Procedures related to staff development and staff oversight /supervision conforms to City of Corpus Christi requirements and the contracted program activities. Criminal background checks have been and will continue to be completed for staff and volunteer mentors once the mentor application has been processed. All information will be kept in a secure location and available for review as needed. SERCO staff will meet one on one with each volunteer to ensure that they bring added value to the program and that they possess the interpersonal skills necessary to work with youth. ill Attachment A-2 — Performance Measures 93:U0 of Texas — 78415 CYD Program 19. Explain the tasks which will be assigned to volunteers (mentoring, tutoring, presenting), how they will be trained, supervised, and retained (once a month supervision is required per the RFP). Campus teachers will provide tutorial opportunities to CYD youth to improve grades or STAAR scores later in the year. Presenters from various industries in the community will be recruited for one time presentations to students on designated campuses and for Career Days planned. Mentors to be recruited for the group mentoring program at the elementary school campus will be scheduled monthly on those campuses and will also receive support and guidance by program staff each month to ensure that program policies are being adhered to. 20. If volunteers will serve as mentors, state the adult to youth ratio. Two male mentors to 20 male students, two female mentors to 20 female students —these students will meet as a group with their mentors on campus. Volunteers who will serve as career presenters will serve in this capacity on a one time only basis and always with campus staff and/or the Program Manager /Liaison in attendance. 21. Discuss potential barriers (e.g. transportation, child care, etc.) to providing services to program participants and how you will overcome those barriers. If transportation will not to be offered, identify the processes that are used to ensure that these factors are not obstacles to accessing services. This program is campus based so students will already be on site for the before and after school program activities. For the off campus activities, campuses will request buses from the District's transportation department and bill SERCO for costs. All students will be required to have written permission from parent or guardian to participate in off - campus learning and recreational activities. For these off campus activities, SERCO will provide insurance to cover the students participating in the program through this grant. Campus Program Supervisors and/or Program Manager /Liaison will accompany and chaperone the youth. SERCO will ensure that one adult is assigned for every 10 youth for on and off campus program activities. 22. Describe the "safe passage" plan for youth /families without transportation. Youth will be supervised during the before and after school program until a parent picks up their child or the child walks home, with the parent's permission. Parents will be responsible for transporting students to school for any Saturday workshops or events. Campus police are on the campus sites before and after school and are readily available to assist with any potentially unsafe situations that may arise. 23. Use the table below to describe the staffing plan, including the back up staffing plan in the event of vacancies or extended absences. (What staff positions will work directly on the CYD contract and which position will `rA Attachment A-2 — Performance Measures 53:t00 of Texas — 78415 CYD Program Fiscal Support Analyst Fiscal duties Regional Account Manager Senior Accountant 24. Describe staff supervision and support. Staff will be trained on any curriculum to be used as well as in all components of the program and collection of data. Mentors and mentees will receive a mentor program orientation and training. Mentors will have the opportunity to visit the website for research information and links to mentoring resources as well as additional mentor training. In the event of staff (campus) vacancies, the Program Manager and/or Program Liaison will assume all responsibilities until the position is reassigned. 25. Describe the use of sub - subcontractors, if any are used. SERCO will comply with the City's procurement requirements before engaging consultants for the delivery of services. The CYD Program Liaison will continue to be responsible for the successful implementation and facilitation of the proposed project and ensuring contractual compliance during the upcoming program year. The relationship and trust that the youth have with the campus staff that they see on a daily basis is essential in the successful delivery of the program objectives. Seven (7) school Campus Program Supervisors will be engaged to provide on -site services to youth located at designated schools. Campus Program Supervisors will provide direct services to the students before and after school and during Saturday activities. The instruction time given by the Campus Program Supervisors for program components during the school day is an in -kind cost paid for as a Corpus Christi Independent School District (District) salary. Speakers for the proposed Youth Summit will be procured to give local service providers the opportunity to compete for this service. The Independent City activity, which is unique and not offered by any other agency, will be offered to campuses during the program year. The proposer has extensive experience in the procurement process and will use the process to secure services for other program activities. Contracts will be drawn for these specific services with a specified amount and specific service to be performed. Contracted personnel will provide their services under the supervision of the SERCO Vice President. 26. Describe the ratio of staff to youth served. The ratio of staff to youth served is 10 to 1. Typically, this includes the Campus Program Supervisor, the Program Manager or Liaison, and a campus administrator (assistant principal or librarian). The ratio for field trips and any off campus activity is always 10 to 1 as dictated by Corpus Christi Independent School District policy for supervision of students. 27. Describe the required position qualifications, including level of experience and education for all positions that work with the CYD program. Job descriptions have been developed and attached that outline the duties, responsibilities, and required staff qualifications and education. The SERCO Vice - President will oversee the CYD program staff and program components. Ms. Valdez has been the Vice - President of Operations for many years and has extensive experience in delivering services to at -risk youth. The Program Liaison has a Bachelor's Degree in Communications with a minor in Criminal Justice and has over twenty (20) years experience working with youth. She incorporated innovative strategies into the District's abstinence education program which helped the overall reduction in the teen pregnancy rate while she was at the District. She has worked as an administrator for several years with experience in strategic planning, budget management and staff development. She will oversee the day to day operations of the CYD program and its components. All campus staff providing direct services to students are certified and licensed with many years of 18 Attachment A-2 — Performance Measures 93:U0 of Texas — 78415 CYD Program teaching and counseling experience and have facilitated before and after school programs for many years. A member of the fiscal team will provide support for day to day operations and fiscal administration of the grant. 28. Give a brief history of the organization in terms of the length of time it has been a youth service provider, and explain any gaps in service. If there is no history of the organization, then describe the guiding principles /philosophy of the organization. SERCO of Texas ( SERCO) was established in 1990 by its parent company SER -Metro Jobs for Progress, Inc. (an affiliate of SER -Jobs for Progress National, Inc.) for the sole purpose of managing and operating high performing local networks of workforce development and career centers throughout the country. Corporate staff has over 130 years combined experience in managing and operating state and federally- funded programs. SERCO has been providing Youth Development Program services in the Coastal Bend Region for the local Workforce Solutions Board since 2004. SERCO's guiding principle is to lead youth on the pathway to their futures through mentoring, life skills training, leadership development and career planning which is directly aligned to the mission of the Community Youth Development (CYD) program. Our mission is to meet the needs of customers through diversified services and programs that connect business communities capable of contributing to the local region's economic vitality. SERCO is a People Business. SERCO's philosophy is investment in human capital ensures America's leadership in the 21s' century global economy. 29. Describe the capability of working with at -risk youth related to the organizations past experience or guiding principles /philosophy. SERCO is the operator and manager of workforce centers in the Coastal Bend Region for the Workforce Solutions of the Coastal Bend Board serving youth between the ages of 14 to 21 years who are at 70% of the lower living standard income and poverty level. These youth have barriers to education and/or employment. These barriers include: 1) Deficient in basic literacy skills, 2) School dropout, 3) Foster youth, 4) Pregnant or parenting, 5) Offender, 6) Other at- risk youth receiving public assistance, and/or have a low self- esteem assessment. SERCO provides the following program services to youth: 1) assistance in improving educational attainment through tutoring, study skills training, preparation for TAKS, tuition fees for summer academic activities; 2) preparation for and success in employment through paid and unpaid work experiences and occupational skill training; 3) supportive services such as clothes and school or work supplies, counseling and guidance; 4) adult mentoring; and 5) leadership development through community service. Youth living or attending school in the 78415 zip code that are not currently clients of the Workforce Solutions Youth Program and are eligible, will be referred to the workforce center for support services. Through access to students, SERCO will also be able to assist parents in job searches to obtain gainful employment and to provide program services to eligible adults in the household through the workforce programs. 30. Describe your past history (if any) with the CYD program. Have you previously been funded, if so, provide total number of years and dollars in funding you have received? SERCO has been fortunate to receive funding to provide the Community Youth Development Program for the past jW! (5) years in the total amount of approximately 0/581 -111 bringing a program of relevance to the youth it serves to better prepare them for future success so that they become productive members of society. SERCO currently operates its career focused program at five (5) 78415 CYD program designated campuses. SERCO developed and implemented Career Clubs for the secondary campuses and it serves. The program has had much interest on all levels and combines youth leadership development, character education, career mentoring, industry field `N Attachment A-2 — Performance Measures 93:U0 of Texas — 78415 CYD Program trips, and community service into its career exploration activities. SERCO strives to provide an innovative approach to cultivating the interest of youth in non - traditional career fields as well as high demand industry to fill the current job market needs in our community. It provided the opportunity for Grade 8 students to study prior to taking the PSAT exam to encourage them to begin exploring higher education; it initiated an "Alumni Day" at Carroll High School bringing current college students back to their high school campus to share their first year experiences at the college level as well as helping the current high school students to better prepare themselves for college life; it provided workshops on creating resumes to students; out of area college campus tours were set up; a life skills activity, Independent City, was facilitated on campuses to teach students the reality of costs of living on their own and the unexpected costs that can be thrown in such as a lay off of employment or an unplanned pregnancy. Students have participated in the National Job Shadow Day and were placed at various worksites including: many departments within Driscoll Children's Hospital, Corpus Christi Police Academy, Omni Marina Hotel, Valero Energy Corporation, Port of Corpus Christi, Sherwin Alumina, and Workforce Solutions of the Coastal Bend. Community Service Projects included campus cleanups; nursing home center visits; staffing of The Cattery and Gulf Coast Humane Society Carnival fundraisers; HEB Feast of Sharing; and, a Christmas toy drive for foster youth. The summer program featured field trips; recreational sports activities and nutritional cooking classes to promote good health. SERCO consistently meets and exceeds its program goals validating the impact and relevance of its program to youth and the mission of the CYD program. DFPS requires that each zip code offer Youth Leadership Development, Mentoring and Youth Advisory Committee. Only one provider will be considered for the Youth Advisory Service but multiple providers may provide Youth Leadership Development and / or Mentoring. If you are interested in offering one or more of these services, please complete the appropriate section. If you are not interested, please mark the questions with N /A. Youth Leadership Development If applying for a Youth Leadership Development Program please answer the following questions and keep in mind the requirements of this program. Youth Leadership Development Requirements: 1. Must focus on offering a series of structured, progressive activities and experiences that help youth develop leadership skills. 2. The approach must view youth as resources and build on their strengths and capabilities to develop within their own community, and may include such things as service - learning components. 3. Must be offered at least one time per month 4. The YAC group alone does not satisfy the requirement for a youth leadership development program. While all YAC participants must participate in YLD, a YLD program that is separate and distinct from the YAC must be offered with capacity to serve additional youth. Describe the process for ensuring opportunities are provided for youth to serve in leadership roles in their community. Community service will play an integral part in the effectiveness of this program. Studies have shown that students have increased positive feelings and mental health, and decreases in depression and stress when they are involved in service projects for others. SERCO CYD youth participants have participated in many service learning projects in the past. One summer, twenty -five (25) youth in both the Workforce Solutions Youth Program AND the SERCO CYD Program earned salaries while working on projects benefitting the City of Corpus Christi. These included `11 Attachment A-2 — Performance Measures 93:U0 of Texas — 78415 CYD Program beach cleanups, city cleanups, replacing and painting fences at Heritage Park, and stuffing bags for the Disability Awareness Walk. 2. Describe the scheduling you will utilize to meet the required one -time a month. Each secondary campus will participate in a community service project at least once a month. The youth will elect to participate in a community wide project such as the Texas Beach Clean up or they may choose to coordinate and implement a project of their own. The youth will keep a journal of their experiences throughout the year and an essay contest will be on the topic of service work. These essays, can in turn, be submitted with student applications to colleges as the importance of service work on a college application is reiterated to students time and time again. 3. Describe any other activities that the youth will be participating in. Opportunities to attend conferences to develop leadership skills such as the LULAC Teen Pregnancy Prevention Conference, the annual Workforce Solutions of the Coastal Bend Leadership Conference or the `It's A Girl Thing' Conference will be offered to students to attend. Program youth will also have the opportunity to attend the Youth Summit to be coordinated by the local YAC. Mentoring If applying for a Mentoring Program please answer the following questions and keep in mind the requirements of this program. Mentoring Requirements 1. Ninety percent (90 %) of the youth who receive Mentoring services must be in the 4th -8th grades and be between the ages of 9 -14. 2. Mentoring must be conducted in individual or group settings and must primarily focus on facilitating an ongoing positive relationship. 3. Only face -to -face interactions will be considered direct services to youth. 4. If one -on -one mentoring is provided, there must be program guidelines for the mentoring process, recruitment and training of mentors, and management of the mentoring relationship to ensure client safety and positive outcomes. 5. Neither peer mentoring nor family mentoring programs satisfy this requirement. Explain how the services are designed to address the specific mentoring needs of youth in the 78415 community. The youth of 78415 have many barriers and obstacles to overcome that preclude some from achieving their full potential. The following table breaks down the characteristics of the community of 78415 residents. V/T /!Df of vt !Cvsf bv!Ef n phsbgi jdQpdrf11 jhi ijfni d; Total Population 38,414 Hispanic 75.1% High school graduate or higher 68.2% Bachelor's Degree or higher 9.8% Median family income $34,634 N Attachment A-2 — Performance Measures 93:U0 of Texas — 78415 GYD Program Employed (labor force) 61.% Single female household 46.9% Families below poverty line 18.2% Alternative positive activities after school will increase the sense of self -worth that is needed for these youth to strive for stability and security in their personal lives. The prevention education that they will receive during the school day will assist in helping them understand the consequences of poor choices. The incorporation of parent and family involvement activities into the program will help to reinforce the message. Through Workforce Solutions of the Coastal Bend, SERCO can offer services gf f !Lp!zpvj !x i p!n f f Btu f !f ghjcjgm!cLgif jblbased on family income. The reduction of these barriers to education and employment are in alignment of the needs of youth in this zip code area. SERCO has established many collaborative relationships with agencies throughout the community and participates in many networking opportunities to gain new information to better provide services to youth. Describe the mentoring services to be provided in detail, including frequency and applicable mentoring guidelines. A group mentor program will be implemented at the elementary school campus to provide students with positive support, counsel, and friendship. Forty (40) students from the campus will alternate meeting during breakfast or lunch once a month with their designated group mentor. Students will receive guidance to make healthy decisions and promote long term goals such as college and career exploration. They will have the opportunity to discuss obstacles or frustrations they face in their daily lives in a group setting with their mentors and peer group. The mentor program to be implemented will develop meaningful relationships between the mentors and their mentees in a structured environment. Meetings will take place on campus under the supervision of the counselor and as group outings for all participants. The importance of mentoring was clearly demonstrated in one survey of high school youth that showed that mentored high school students from families receiving public assistance were more Ohf rd j bo!t twef od !x jti pvtln f oto to: ➢ Graduate from high school ➢ Enroll in college ➢ Have fewer children ➢ Less likely to receive food stamps or welfare ➢ Have fewer arrests ➢ Become involved in community service ➢ Be hopeful about their future. Ensuring the success of the mentor /mentee match involves not only the regular meeting of mentors and mentees but the support of the mentors themselves by SERCO CYD staff —this is important to the overall success of the Program. Measurable activities will include monthly input from both mentor and mentee using customer satisfaction surveys developed by SERCO. Each meeting of the mentor and mentee group will be documented. Reports from the mentees themselves, and a pre- and post -test of mentee perceptions about their growth in the Program will be developed and implemented. !!!!!!!!! 3. Describe the mentor to youth ratio: 10 to 1 Attachment A-2 — Performance Measures 93:U0 of Texas — 78415 CYD Program 4. Indicate who will serve as mentors. Mentors will be recruited from the Professional Women's Business Association, the Hispanic Women's Network of Texas, the Chamber of Commerce, the Leadership Class of Corpus Christi, various civic clubs, Knights of Columbus councils, Young Lawyers Association, etc to share their experiences with the youth and to provide them with insight into their chosen career fields. Mentors will meet together as a group every other month to discuss their experiences, share strategies and bond as a group as they learn to be as effective as mentors as possible. A recognition reception in May will be planned for all mentors and volunteer speakers who contributed their time to the CYD program. Prevention strategies succeed when they are positive and create opportunities for healthy physical, social, and mental development of youth. The whole community has to become part of the solution. SERCO has taken the lead in being innovative and creative in providing hands on learning experiences to students to better prepare them for the world of work so that they can become productive members of society. SERCO is making a difference - - -a difference that can be seen and heard in the 78415 community. 5. Describe the mentoring safety measures that will be in place to ensure the safety of the youth. An orientation is planned for mentors to familiarize them with the rules and guidelines of the mentor program so that there are clear, defined expectations. All mentors to be placed on campuses will undergo the same background check that is expected of all volunteers to complete prior to start of service. It will be necessary to ensure that the characteristics of the mentors match up with the characteristics of the mentees. The most obvious of these is gender, but there are many others. Youth of any ethnicity are generally more comfortable with mentors of the same ethnic group. While not always the case, it is an important consideration that can be overshadowed only in certain instances, in which the greater need is to match the educational aspirations of the mentee with the professional accomplishments of the mentor. In the case of grievances between Mentee and mentor, or any other members of the Team, SERCO has established polices and processes for managing and resolving problems that may arise. Zpvti !Be* ps?!Dpn n j of f If applying for the Youth Advisory Committee Program please answer the following questions and keep in mind the requirements of this program. YAC Requirements: 1. The goal of the YAC is for a consistent group of the same youth to have extended participation to ensure continuity and development of a cohesive advisory committee with comprehensive understanding of the local community and CYD program. 2. Must have at least 20 active youth either in middle school or high school. 3. Must meet monthly and have at least 20 youth in attendance at every meeting. 4. Participating youth must be between the ages of 11 and 17. 5. Youth must be engaged in outreach and awareness efforts and evaluation of the CYD program including assisting with the Strengths and Needs Assessment. 6. Must received Youth Leadership Development (YLD) services in addition to participating on the YAC. 7. Must have full participation in the planning and attendance to the Teen Summit 1. Describe the proposed services to be provided in detail. Is the Youth Advisory Committee (YAC) Program a stand -alone program or component of a larger program? The YAC will serve as a component of SERCO's larger program and these students will serve as role models and 23 Attachment A-2 — Performance Measures 93:U0 of Texas — 78415 CYD Program leaders of the other students in the program. The SERCO CYD program will strive to develop leadership skills in all the youth its serves but will provide the opportunity for approximately 40 high school students to begin to establish the skills and knowledge it takes to be a leader in their communities. A planning retreat will be scheduled in early September to map out a work plan for program year 2013 -14 of activities and events to be led by this group of students. A facilitator will work with the students to establish short and long term goals for the program; build their leadership and communications skills; and establish a team building spirit among the students from the school campuses. This group of students will meet monthly to gauge goals established and adjust and modify activities as needed. A Youth Summit will be planned and led by these youth for the 78415 youth community to encourage leadership development for all participants. This youth group will choose date, topics, speakers, location and facilitate summit activities. They will develop a budget and assign committee chairpersons to carry out the tasks. Adults will be on hand to assist and offer guidance but youth will coordinate all activities. All funded contractors for the CYD program will be invited to participate and to encourage program participants to attend the Summit. The ROPES team building program will be offered to these students to promote leadership development, team building and effective communication skills. These youth will also be asked to collaborate with the CYD Program Director for the City of Corpus Christi Parks & Recreation Department, Ms. Celina Pulcher, in the planning of any CYD Festivals as another avenue to develop their organizational and leadership skills. A Career Day will be planned and hosted in the spring at the high school campuses with rotating speakers throughout the day during scheduled assemblies. The participants of the YAC on these high school campuses will be responsible for planning the selection of speakers, meeting with campus administrators on logistics of assembly schedule, extension of invitation to guest speakers, hosting and introduction of speakers, etc. It is important that they develop their social skills and learn the importance of networking in the business world. The event will be a culmination of skills learned during the year as well as an opportunity to showcase the importance of bringing outside resources to students. 2. Describe how the YAC will be involved in the CYD program including assistance with CYD community festivals, collaborating with the CYD Collaborative Committee and ensuring their input is considered for decisions made for the CYD program. The YAC will provide feedback and guidance, as needed, to the CYD program as a whole including providing service at any CYD community festivals where they will take the lead in recruiting and encouraging CYD youth participation. They will attend CYD Collaborative Committee meetings as needed in addition to the monthly YAC meetings to be scheduled. Students interested in the journalism /communications field will be recruited to design, develop and publish a monthly program newsletter highlighting program activities and events. Student photographers will document program activities to showcase to CYD city program staff and committee members as well as the state funding agency. This end product will not only document the positive outcome of continued funding for the SERCO project but it will demonstrate a measurable outcome of student participation in positive alternative behavior as well as providing a marketable skill for youth to include on their resumes. 3. How will you ensure the YAC participation in the Teen Summit? During the five (5) years of operation, the enthusiasm and commitment of the youth who participate in the SERCO CYD program continues to grow. The students are eager to participate in the leadership development activities not only because they want to be of service to others but because they realize the impact that their service work has on their personal growth. They become less self - involved and focus on the needs of others. It gives them the opportunity to explore their strengths and their weaknesses so that they are more self aware in realizing their potential. The youth who will participate in the YAC may not necessarily be the students already showing leadership qualities - - -it will be our responsibility to select the students with the most potential to BECOME those leaders of tomorrow. They will have to earn their spot at the Teen Summit through exemplary program participation and attendance —for this YAC attending 24 Attachment A -2 — Performance Measures SERCO of Texas — 78415 CYD Program the Teen Summit will be the prize they have been working hard to achieve all year. Signa re of Person completing the �6- r -C Sig atu e Plan of Operation for the Subcontractor: Nancy Bonilla Printed Name Date 25 Attachment A-3 — Program Fequirements 93:t00 of Texas — 78415 CYD Program Attachment A -3 Program Requirements - FY2014 78415 Community Youth Development Plan changes. Plan changes to budgets and plan of operation are each limited to three during the fiscal year with the final plan change to be submitted no later than June 1. Any additional request for plan changes will require a waiver prior to requesting the change. All waiver requests must be submitted to the CYD Program Manager with the original signature of the contract's authorized signatory and must completely document specific compelling reasons for the request. Waiver requests must be submitted at least 30 days in advance of the anticipated plan change and are subject to DFPS's approval. Automated Background Checks. All staff and volunteers that work or will work on the contract are required to have background checks conducted through the Automated Background Check System (ABCS) who have contact with client or client information or if salary is reimbursed through the contract. It is assumed that staff including, but not limited to, Executive Directors and Chief Financial Officers will have access to clients or client records due to their oversight roles; therefore, require a cleared background check. Quarterly Reports and Corrective Action Plans. Each quarter the Subcontractor is required to submit a Quarterly Report no later than 30 days after the end of the first, second and third quarters. The Quarterly Report must include information on the program, how the subcontractor is performing and any corrective action plans that are required. At the end of the year the subcontractor is required to submit a Fourth Quarter /Annual Report that provides ongoing information regarding achievements and challenges in implementing the CYD program during the 4th quarter and the full contract year. A corrective action plan must include a statement of the problem, proposed steps to be taken, timeline for each step, person(s) responsible for implementing each step, and person responsible for oversight of the plan to ensure it is implemented correctly. Corrective action plan /s must be submitted on the required template and must outline the measures that will be taken by subcontractor to address each performance measure that is off track. Program Services. Youth may not participate solely in one -time activities. If one -time activities are planned as a service, they should be an added value for youth already participating in other CYD Program Services and cannot be a stand -alone service. Direct service staff of the Subcontractor must be at least 18 years of age, have a High School Diploma or GED, and 1 year of experience in the health and human services field to include work with youth. Program Forms and Social Security Numbers. Contractors are required to complete all fields of the program form such as the registration form, in its entirety including the social security numbers field. If a client refuses to provide their social security number, contractors must document refusal in the case file. The expectation is that contractors make a good faith effort to obtain social security numbers and other information listed on the program form. Sections of the program registration forms that have an asterisk are required fields in the database; however, the expectation is that the form is completed thoroughly. All services provided in accordance with the Subcontractor's approved Plan of Operation must be tracked using the appropriate documentation forms. Service documentation must be complete, accurate and maintained in an organized fashion. Subcontractor must maintain records in a manner which protects the confidentiality of the clients being served. Service documentation must include, but is not limited to: • Sign -in sheets, particularly for group activities `1 Attachment A-3 — Program F equirements 93:t00 of Texas — 78415 CYD Program • Monthly Service Tracking Forms • Satisfaction Surveys Documentation may also include, if applicable: • Service plans • Referral logs • Case notes, including phone logs, home visit notes, office visit notes, etc All services provided by subcontractor must have valid documentation that supports verification of participant attendance, such as sign -in sheets or attendance rolls, including a signature certifying the validity of the information, individual /group progress notes, materials /hand -outs used and additional documentation as appropriate to the program. Client files must include, at a minimum, the following forms completed: • The DFPS Registration Form • CYD Risk Factor Survey • Pre - service Protective Factors Survey • Post - service Protective Factors Survey Cost Reimbursements. Subcontractors must submit reimbursement requests by the 5th of each month. The City nor DFPS is obligated to pay unauthorized costs or to pay more than Subcontractor's allowable and actually incurred costs consistent with federal and state regulations. The reimbursement made to Subcontractor will not exceed actual costs to provide the services under this Contract and Subcontractor's actual costs, both direct and indirect, must be allowable, reasonable, and allocable. Reallocation of Funds. Subcontractor agrees that if after careful review by the Fiscal Agent it does not appear that the subcontractor will utilize all funding by the end of the third quarter (April 30), the Subcontractor could lose uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction to Subcontractor's budget and give Subcontractor fourteen (14) calendar days to respond. If Subcontractor does not respond within fourteen (14) calendar days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within fourteen (14) calendar days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Controlled Assets. Subcontractors must complete an inventory list of any controlled assets (ex. computers, furniture, etc) purchased either in part or in full by DFPS funds using an inventory list form. A new inventory list will need to be submitted to the City during each contract renewal cycle. `A Attachment B -1 — Budget Forms Budget for CYD Service Contracts SERCO of Texas — 78415 CYD Program Attachment B- 1- Budget Forms Form 2030 April 2010 28 Summary Page Cost Category (1 A) Personnel - Salaries (1B ) Personnel - Fringe Benefits SubContractor �SERCO of Texas Contract Period .0911113- 08131114 A Grand Total $16,160.00 $6,464.00 Subtotal $22,624.00 -- (2) Travel $3,465.00 (3) Materials, Supplies and CA $11,086.00 (4) Equipment (Rent /Lease /Purchase $1,000.00 Subtotal $15,551.00 (5) Other Costs (list below) $69,825.00 Subtotal $69,825.00 Grand Total $108,000.00 % of Total I 830 Total estimated number of participants to be served: Total Cost per Youth: $106.25 — Certified by: !Nickie G. Valdez Signed ' Title: 'Vice- President Date: �1�b�r3 28 Attachment B- l— Budget Forms Budget for CYD Service Contracts SERCO of Texas — 78415 CYD Program Attachment B -1 Form 2030 April 2010 (1A) Personnel - Salaries I Contractor SERCO of Texas Contract Period 0911113- 08131114 Position or Title A #Staff B Avg. Monthly Salary C %Time (on contract) D #Months of Service E Total AxBxCxD Program Liaison 1 $4,666.66 25.00% 12 $14,000.00 Fiscal Program Analyst 1 $3,000.00 6.00% 12 $2,160.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Salaries $16,160.00 For monitoring purposes, timesheets and payroll data must be kept on tile. Costs not allowable if already being paid by other sources. f►Is] Attachment B -1 — Budget Forms Budget for CYD Service Contract SERCO of Texas — 78415 CYD Program Attachment B -1 (lB) Personnel - Fringe Benefits Contractor SERCO of Texas Contract Period 09/1/2013- 08/31/2014 Type of Fringe Benefits A Total Program Liaison $5,600.00 Program Support Analyst $864.00 Total Fringe Benefits $6,464.00 For monitoring purposes, payroll data must be kept on file. Costs not allowable if already being aid by other sources. Form 2030 April 2010 19111 Attachment B -1 — Budget Forms Budget for CYD Service Contracts SERCO of Texas — 78415 CYD Program Attachment B -1 Form 2030 April 2010 (2) Travel Contractor SERCO of Texas Contract Period 0911113- 08131114 Type of Travel Expense (mileage /food /lodging etc.) A Total Mileage $565.00 Travel- National Youth Symposium $2,200.00 Travel- In State Training $700.00 Total Travel $31465.00 For monitoring purposes, receipts and other detailed records must be kept on file. Costs not allowable if already being aid by other sources. 1911 Attachment B -1 — Budget Forms Budget for CYD Service Contract SERCO of Texas — 78415 CYD Program Attachment B -1 Form 2030 April 2010 (3) Materials, Supplies and Controlled Assets Contractor SERCO of Texas Contract Period 0911113- 08131114 Materials, Supplies and Controlled Assets (description and basis of cost) A Total Project Supplies $1,350.00 Curriculum and office supplies $500 x 5 sites + office $2,760.00 Recreational supplies $700.00 T -shirts for YAC activities $1,776.00 Field trip entrance fees $3,750.00 Cell phone monthly usage $750.00 Total Materials and Supplies $11,086.00 For monitoring purposes, receipts and other detailed records must be kept on file. Costs not allowable if already being aid by other sources. K3: Attachment B -1 — Budget Forms Budget for CYD Service Contracts SERCO of Texas — 78415 CYD Program Attachment B -1 Form 2030 April 2010 (4) Equipment Contractor SERCO of Texas Contract Period 0911113- 08131114 Equipment (description and basis of cost) A Total Method Used (rent4ease./buy) Laptop $1,000.00 buy Total Equipment $1,000.00 For monitoring purposes, receipts and other detailed records must be kept on file. All equipment must be tagged and numbered. Costs not allowable if already being aid by other sources. 33 Attachment B -1 - Budget Forms Budget for CYD Service Contracts Form 2030 SERCO of Texas - 78415 CYD Program April 2010 Attachment B -1 ( 5) Other Costs Contractor SERCO of Texas Contract Period 0911113-08131114 Other Costs (description and basis of cost A Total Contract labor which includes hourly rate of 7 campus staff $33,125.00 $25 /hr during school year x 15 hrs /mo + other activities Youth Summit Speakers $7,000.00 Independent City activity $2,500.00 Facility Rentals (Youth workshop) $750.00 Food for field trips and after school activities $10,400.00 Transportation for field trips $10,000.00 Conference registrations for leadership development $1,250.00 Management Costs /Allocations $4,800.00 Total Other $69,825.00 For monitoring purposes, receipts and other detailed records must be kept on file. Costs not allowable if already being paid by other sources. 34 SUBCONTRACTOR: SERCO of Texas Request No. CONTRACT PERIOD: 9/01/2013 to 8/31/2014 Reporting Month TITLE: Community Youth Development Program ATTACHMENT B -2 BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST * Amounts expended cannot exceed amount budgeted. I certify that the expenditures shown above are true and that supporting documentation is attached to substantiate them. Subcontractor's Authorized Signature Date Payment Authorization Signature Date -36- 35 (l)-(2) *City Use Amount % (1) YTD % (2) YTD Amount Only Budgeted of Budget Expended Expended Invoiced Requested* Amnt. Paid Personnel - Salaries Program Liaison $ 14,000.00 13% 0% $ $ Fiscal Program Analyst 2,160.00 2% 0% TOTAL 16,160.00 15% 0% Personnel - Fringe Program Liaison 5,600.00 5% 0% Fiscal Program Analyst 864.00 1% 0% TOTAL 6,464.00 6% 0% Personnel - Travel Mileage 565.00 1% 0% Travel - Natl. Youth Symposium 2,200.00 2% 0% Travel - In -State Training 700.00 1% 0% TOTAL 3,465.00 3% 0% Materials and Supplies Project Supplies 1,350.00 1% 0% Curriculum & Office Supplies 2,760.00 3% 0% Recreational Supplies 700.00 1% 0% T- shirts 1,776.00 2% 0% Field Trip Entrance Fees 3,750.00 3% 0% Cell Phone 750.00 1% 0% TOTAL 11,086.00 10% 0% Equipment Laptop 1,000.00 1% 0% TOTAL 1,000.00 0% Other Costs Contract Labor 33,125.00 31% 0% Other Contract Labor /Speakers 9,500.00 9% 0% Facility Rental Costs 750.00 1% 0% Food & Snacks 10,400.00 10% 0% Transportation Rentals 10,000.00 9% 0% Conference Reg /Sports Fees 1,250.00 1% 0% Management Costs /Allocations 4,800.00 4% 0% TOTAL 69,825.00 65% 0% TOTAL $ 108,000.00 100% $ 0% $ $ * Amounts expended cannot exceed amount budgeted. I certify that the expenditures shown above are true and that supporting documentation is attached to substantiate them. Subcontractor's Authorized Signature Date Payment Authorization Signature Date -36- 35 Attachment B- 3— Budget Narrative 93t00 of Texas — 78415 GYD Program Attachment B-3 Budget Narrative SHRIM of Texas SALARIES Personnel —Salaries: $16,160 Salary for 93;CD includes two positions that will take care of oversight and day -to -day operationsfor the CYD Program. CYD Program Liaison to ensure the successful implementation and operation of day to day activities for the 2013 -2014 program years. Program Liaison $56,000 /yr @ 25% FTE _ $14,000. Duties include direct supervision of program staff and the ongoing support of mentors and other volunteers and ensuring compliance with contract guidelines and the day to day administration of operational duties. Program %pport Analyst $36,000 @6 %FTE= $2,160. The Program %pport Analyst will work on day today operational duties and fiscal administration of the program. Program Liaison- 25% or approx. 43 hrsimo Program Sipport Analyst- 6 %or approx.10 hrs/ mo Total Salary Cost= $16,160 --. Personnel —Fringe Benefits $6,464 The Fringe Benefits include: Social Security, Medicare, FUTA, SUTA, Worker's Compensation, Health Benefits Allowance, and 401 K (if applicable). The fringe for each employee is based on the percentage of their salary based on their overall salary and multiplied by their total projected fringe benefits annualized. Program Liaison @$5,600 Program Sipport Analyst @$864 Total Fringe Benefits Cost= $6,464 Travel - $3,465 Local M i I eage -- $565 Travel reimbursement will be charged at the state rate of $.565 cents per mile. Rates are calculated at 100 miles per month (1 staff @100 mis(mo) x 10 months=1,000 miles per year for staff to conduct program facilitation, attend meetings, visit campus sites, recruit mentors, etc. Local Mileage 1,000 milesx .565 =Total Cost $565. Out of state Travel -42,200 Travel to out of town conferences to gain knowledge and learn best practices on the latest developments in theory and research on youth mentoring and drop out prevention strategies. Airfare, hotel & registration fee for National Dropout Prevention Program Conference in Atlanta and partial cost for National Youth Symposium in Chicago= $2,200. Total out of Town Travel = $2,200. KZy Attachment B- 3— Budget Narrative 93:M of Texas — 78415 GYD Program In St at e Travel 4700 In Mate Travel includes mileage and registration fee for TNOYSConference for DD contractors and other relevant in -state conferences or activities-=$700. Travel allocation will also be charged for other Program staff when applicable. Total in Mate Travel = $700. Total Travel Cost= $3,465 Materials and Supplies- $11,086 Purchase of curriculum materials and office supplies for sites such as but not limited to: copy paper, flip charts, pens, pencils, CDs, cartridges, software, diskettes, copy paper, resume paper, notebooks, name tags, community service supplies, etc. + educational materials for academic support services= $460 /yr x 5 sites + 1 program office= $2,760. Fbcreational supplies for after school and Saturday team building activities (indoor/ outdoor) =$700. Project supplies such as lumber, paint, flowers, soil, etc= $1,350. T-shirts for YAC participants (40 youth x 1 shirts $12/each) to wear during activities = $480. T -shirts for Youth %mmit (8 YACx 1 shirt each x $12) to wear during conference =$96 T-shirts for DD Youth %mmit (150 youth x $8 each) to wear during conference= $1,200 Total t- shirts= $1,776. Entrance fees for field trips throughout program year (150 x $25 each) _ $3,750. Program Liaison has use of a company cell phone and air card which is allocated according to her payroll allocation. The monthly charge averages from $300 per month which is then allocated appropriately based on her time spent on the DD program. Telephone charge for cell phone usage is an allocation for the Program Liaison = $750. Total Materials and %pplies Cost=$11,086 Cost for laptop for Program Liaison X1,000. Total cost--$1,000 IN •• Other Costs: $69,825 Qontract Labor- School Campus Program %pervisors (7 campus supervisors @$25.00/hr. x 15 hrs(mo x 9mo) = $23,625 + (2 Saturday out -of -town field trips x 7 campus supervisors @ $25/ hr x 20 hrs= $3,500 + $6,000 (summer program). Total Contract Labor Costs = $33,125. KrA Attachment B- 3— Budget Narrative 93:t00 of Texas — 78415 GYD Program Other Contract labor- To be procured for events that are catered to the CYD youth. Only DD youth who are registered participants can attend these events. Youth Summit speaker fees to promote leadership development = $7,000. Independent Oty and other life kills activities--$2,500. Total Other Contract Labor Cost = $9,500. FacilityFLantal Costs- Facility rental for Youth Conferences --$750. Total costs =$750 Food for field trips and after school activities @ $400/ mo. X 10 mos= $4,000; Weekend program activities once a month @$100 /mo x 9 mos = $900. Food for out of town trips--$1,000. Food for Youth Summit= $4,500. Total Costs = $107400. Transportation- School buses for career exploration tours and educational learning activities and college campuses @ $250 / mo x 5 buses x 8 mos.= $10,000. Total Costs= $10,000. Conference ftistrations- Conference fees to promote leadership development =$1,250. Total Costs--$1,250. Management Costs- Costs to run program from SEROD headquarters —use of office space and equipment. The total management budget is approximately $600,000. The allocation of shared costs is based on dividing the total salaries for each contract by the total of salaries for each contract by the total of salaries of all contracts combined. Based on the current projected salaries for DD and the total salaries for other contracts it has been projected that the DD contract percentage is .8 %= $4,800. Total Other Costs= $69,825 TOTAL BUDGET= $108,00 0 38 Attachment C- Sandard Terms and Conditions 78415 CYD Program Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Development Program Contracts) Parties. For the purposes of this document, the Texas Department of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. "SERCO of Texas "will hereinafter be referred to as the Subcontractor. The Community Youth Development Program will hereinafter be referred to as CYD Program. SECTION 1. LEGAL AUTHORITY Subcontractor assures and guarantees that it possesses the legal authority to enter into this Contract, to receive the funds authorized by this Contract, and to perform the services Subcontractor has obligated itself to perform under this Contract. The person signing this Contract on behalf of Subcontractor hereby warrants that he /she has been fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor and to validly and legally bind the Subcontractor to all the terms, performances, and provisions herein set forth. Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Subcontractor further agrees to cooperate fully with the State Auditor's Office or its successor, including providing all records requested. Subcontractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subcontractor and the requirements to cooperate is included in any subcontract it awards. The Subcontractor agrees to be in compliance with all applicable Federal, State and local laws, including but not limited to, the following: 45 Code of Federal Regulations ( "CFR ") Part 74, Office of Management and Budget ( "OMB ") Circulars A -133, A -110, A -21, A -87 and A -122 as applicable, the Uniform Grant Management Standards (UGMS) as applicable and 40 Texas Administrative Code ( "TAC ") 732.240 -256 as applicable and amended. In the event of any conflict or contradiction between or among the regulations referenced in this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92, OMB Circulars A -87, A -122, A -110, and 40 TAC 732.240 -256. SECTION 2. INDEPENDENT CONTRACTOR It is expressly understood and agreed that the Fiscal Agent is contracting with Subcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as making Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely responsible for employee payrolls and claims arising therefrom. SECTION 3. FINANCIAL LIMITATIONS AND CONSIDERATIONS A. This Contract is at all times contingent upon the availability and receipt of State or Federal funds that has been allocated to the Fiscal Agent of this Contract and, if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent. B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each service rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Fiscal Agent. If program income accrues, the Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual costs incurred for services rendered under this Contract. In no event shall payments exceed the total 1911] Attachment C- Sandard Terms and Conditions 78415 CYD Program budgeted amount as originally approved in this Contract or as subsequently amended by both parties. C. The basis for payment for services rendered under this Contract is indicated in the service terms in the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent. The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than the Subcontractor's allowable and actually incurred costs consistent with Federal and State regulations. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been incurred and have been paid by the Subcontractor. Costs should be billed to the month in which they were incurred, either on the primary billing voucher for that month or on a supplemental billing, if they are not paid in time to include them on the primary voucher. Costs should not be billed to the Fiscal Agent if they have not yet been paid. D. Payment for services rendered under this Contract will be made in accordance with the documentation outlined in the Budget Information Summary and Reimbursement Request, as set out in Attachment B -2 to this Contract. Payment shall be authorized only upon the submittal of an appropriate invoice and supporting documentation to the Fiscal Agent. E. Funds under this Contract cannot be earned prior to the first day nor after the last day of the Contract Period. Funds also cannot be charged prior to the execution of the signed contracts. All signatures must be obtained before contract is deemed active. F. The Fiscal Agent shall not be liable to Subcontractor for any charges under this Contract which exceed the total funding amount specified. G. All funds unearned or unexpended in the performance of this Contract shall be retained by the Department. H. The Subcontractor is responsible for submitting bills in an accurate and timely manner by the 5th day following the month in which services are provided. The Fiscal Agent will make reasonable efforts to process all bills received in an accurate and timely manner but does not warrant immediate payment. Reimbursements to Subcontractor will be paid by the Fiscal Agent when payment is received from the Department. The Subcontractor understands and agrees that prior written approval must be secured: For transfers between line items for any dollar amount. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved; When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expense /cost. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a total bill each month in the format prescribed by the Fiscal Agent and shall accept as payment in full the Contracted unit rate reduced by an amount equivalent to the required percentage of certified local resources as applicable. U11 Attachment C- Sandard Terms and Conditions 78415 CYD Program K. Buy Texas. In accordance with Texas Government Code § 2155.4441, the State of Texas requires that during the performance of a contract for services, Contractor will purchase products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the state. SECTION 4. LIABILITY FOR REPAYMENT A. All payments under this Contract are subject to audit by the Department and the Fiscal Agent. Subcontractor shall assume liability for repayment of funds disbursed where such disbursement is subsequently determined to be improper or unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for repayment of disallowed costs with non - Federal funds. Repayment of such funds to the Fiscal Agent shall be in accordance with the Prompt Payment Act. Subcontractor shall also repay to the Fiscal Agent any funds found to have been paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. SECTION 5. CHANGES AND AMENDMENTS The Subcontractor agrees to notify the Fiscal Agent immediately of any significant change affecting the Subcontractor including, but not limited to, change of Subcontractor's name or identity, ownership or control, governing board membership, personnel, or payee identification number. Subcontractor shall provide notice in writing to Fiscal Agent within ten (10) working days of change. No changes or amendments to this Contract shall be made except in writing and signed by both parties hereto, unless such change is in the form of a written notice of modification or directive issued by the Fiscal Agent as described below. A. The Fiscal Agent may give a notice of modification or directive in the event any alterations, deletions, or additions are required due to changes in Federal or State laws or regulations applicable to CYD programs, which changes shall take effect automatically upon the effective date of such Federal or State laws or regulations. B. The Fiscal Agent may give a notice of modification or directive to reduce the level of funding under the Contract in the event of a reduction of funding to the Fiscal Agent under any Federal, State or local program. C. The Fiscal Agent may issue a policy directive that shall have the effect of establishing, interpreting, clarifying or qualifying the terms of this Contract. Such policy directives may not alter the terms of this Contract in order to relieve the Fiscal Agent of any obligation to pay for performance rendered or costs incurred by Subcontractor prior to the date of such directive. D The Fiscal Agent may give a notice of modification to increase the amount of funds available under this Contract if such funds become available and it is in the best interest of the Fiscal Agent to do so without the solicitation of additional proposals. SECTION 6. ACCOUNTING REQUIREMENTS The Subcontractor agrees to adhere to Generally Accepted Accounting Principles promulgated by the American Institute of Certified Public Accountants and to follow Fiscal Agent and Department fiscal management policies and procedures in submitting timely billing and maintaining financial records required to be kept under this Contract. [s Attachment C- Sandard Terms and Conditions 78415 CYD Program SECTION 7. RECORD KEEPING / REPORTING REQUIREMENTS A. The Subcontractor agrees to submit service delivery reports required by this Contract, self - evaluations of performance, and other reports requested by the Fiscal Agent or Department in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Fiscal Agent, the Department, the U.S. Department of Health and Human Services ( "DHHS "), or their authorized representatives. B. The Subcontractor agrees to maintain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, and other records pertinent to claims submitted during the Contract Period for a minimum of five (5) years after the termination of the Contract Period, or for five (5) years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five (5) year period expires, the Subcontractor will keep the records and documents for not less than five years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the Department/Fiscal Agent and the Subcontractor. Contract Period means the beginning date through the ending date specified in the original Contract; extensions are considered to be separate Contract periods. C. Subcontractor shall complete and submit all necessary data on participants enrolled in its program and must do so according to instructions and definitions prescribed by the Department and the Fiscal Agent. D. Failure to submit required reports to the Fiscal Agent may result in withholding by the Fiscal Agent of any payments otherwise due until such time as the Subcontractor meets the delinquent obligations. D. Subcontractor shall submit a self - evaluation report within 30 days following the end of the Contract Period. The self - evaluation report should address the accomplishments of the program /services, the effectiveness of the services provided, and the attainment of output measures, evidence -based performance measures and program goals listed in this Contract. SECTION 8. SUBCONTRACTING A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written approval of the Fiscal Agent, which includes full disclosure of the particulars of such agreement and special assurances that such third party shall comply with all provisions of the governing laws, the terms and conditions of this Contract, State of Texas policies, Federal regulations and Fiscal Agent policies, including the qualifications of the Subcontractor to perform and meet standards of this Contract and the Community Youth Development Plan of Operation. A non - governmental Subcontractor shall assume full liability for any third party actions and shall hold harmless the Fiscal Agent, the Department, and the State of Texas from the actions of any third party. Failure by a non- governmental Subcontractor to inform the Fiscal Agent of the intent to involve any third party shall relieve the Fiscal Agent, the Department, and the State of Texas of any and all liability and may result in initiation of procedures to terminate this Contract, among other remedies that Fiscal Agent or Department may be entitled to seek. The Fiscal Agent shall not be obligated or liable under this Contract to any party other than Subcontractor for payment of any monies or for provisions of any goods or services unless the Fiscal Agent in writing specifically agrees to such liability. B. The Subcontractor further agrees to provide statements from Sub - subcontractors signed by an W Attachment C- Sandard Terms and Conditions 78415 CYD Program official duly authorized to legally obligate the Sub - subcontractor and attest to the fact that it shall provide the services as represented in this Contract, including the incorporated documents, with no disruption to service delivery. A similar statement must be signed by each Sub - subcontractor who will provide services as part of this Contract. Each Sub - subcontractor may be required to submit ownership information and other information related to this Contract. The Subcontractor must disclose to Fiscal Agent any and all information regarding the Sub - subcontractors as it pertains to this Contract, during the Contract Period. C. Subcontractor shall have protest procedures in place to handle and resolve disputes relating to its procurement. D. Any of the work or services specified in this Contract which shall be performed by other than Subcontractor shall be evidenced by a written Contract specifying the terms and conditions of such performance. Subcontractor shall maintain and adhere to an appropriate system, consistent with Federal, State, and local law, for the award and monitoring of Contracts which contain acceptable standards for ensuring accountability. E. Subcontractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this Contract as if the performances rendered were rendered by Subcontractor. SECTION 9. PUBLICITY The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the Fiscal Agent and Department in all of its literature that describes services covered by this Contract. This notice will also appear in the Subcontractor's annual financial report, if any is issued. Additionally, the Subcontractor agrees to the following: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with CYD Program funds, Subcontractor shall state the percentage of the total costs of the program or project which will be financed with those CYD Program funds. B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding source in all oral representations, written documents, publicity and advertisements regarding any CYD activities. Wording shall be as follows: A Program Funded through the City of Corpus Christi by the Texas Department of Family and Protective Services. C. Subcontractor shall not publish or cause to have published the results of its function and participation in the program activity without prior review and approval by the Fiscal Agent and Department. SECTION 10. TECHNICAL ASSISTANCE A. The Fiscal Agent will provide a central information system for complete information on each participant and will maintain a central communication system for the proper and timely disbursement of information and resource documents. The Fiscal Agent will provide technical assistance found to be needed through performance reviews or monitoring reports. B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions to assist in the administration of this Contract. Subcontractor shall ensure the attendance of its director or other specified personnel at such meetings. 43 Attachment C- Sandard Terms and Conditions 78415 CYD Program SECTION 11. MONITORING AND ASSESSMENT A. The Subcontractor agrees to provide services in accordance with the provisions of this Contract and to allow the Fiscal Agent and Department, and their representatives, to monitor, audit, evaluate, and otherwise review the services provided and related documentation. B. The Subcontractor agrees to cooperate fully in any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to services rendered by the Subcontractor which may be conducted by the Fiscal Agent, the Department or DHHS, or their authorized representatives; and to be responsible for any audit exception or other payment irregularity regarding this Contract or subcontracts, which may be found after review by the Fiscal Agent, the Department or DHHS; and to be responsible for the timely and proper collection and reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper billing amount. C. Representatives of the Fiscal Agent and Department may periodically, without advance notice, monitor Subcontractor for compliance, financial management and performance of the terms and conditions of this Contract. The monitoring process will include an analysis of program data provided by the Subcontractor to assess the performance of this Contract and the quality of services. Monitoring shall include review of results of criminal background checks and affidavits required under this Contract of all Subcontractor employees or volunteers in direct client contact. D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all findings and recommended corrective actions, if applicable, to Subcontractor. E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal Agent within thirty (30) calendar days after receipt of the monitoring report with all corrective actions planned or taken and specific detailed procedures and actions initiated to preclude any recurrence of the practices, discrepancies, and irregularities identified in the monitoring report. F. The Fiscal Agent or Department, as may be applicable, upon receipt of Subcontractor's written response to the monitoring report, shall evaluate the corrective action plan and determine whether the corrective action plan shall be undertaken, whether an alternative plan is needed, or whether the goals or standards need to be modified. Regardless of the course of action taken, the Fiscal Agent shall ensure that positive actions, procedures, and practices are initiated to preclude recurrence or non - compliance. Upon written request, the Fiscal Agent shall provide technical assistance to Subcontractor in correcting the deficiencies noted. Fiscal Agent shall conduct follow - up visits to review pending deficiencies and to assess the efforts made to correct them. If such deficiencies persist, Fiscal Agent may withhold funds and move to terminate this Contract in accordance with Section 33. G. All such corrective actions shall remain open pending completion and issuance of a written statement of closure by the Fiscal Agent or Department, as applicable. SECTION 12. PROPERTY A. The Subcontractor agrees to assume responsibility for the protection of all physical property and equipment used at facilities being maintained to carry out this Contract and take appropriate measures to meet this obligation. All such property will be adequately safeguarded against vandalism, loss, damage, or theft. Subcontractor must acquire and maintain property insurance for any and all equipment purchased with CYD Program funds. The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case of theft, or suspected theft, within twenty -four (24) hours of discovery. Any missing, damaged, or destroyed property will be reported immediately in writing to the Fiscal Agent and the Department and will include the circumstances 44 Attachment C- Sandard Terms and Conditions 78415 CYD Program concerning the loss. An investigation shall be conducted by the Subcontractor to determine the cause, and the results shall be reported in writing to Fiscal Agent and the Department. Any property missing, damaged or destroyed shall be replaced by the Subcontractor, at Subcontractor's own expense. In addition, in the event of any theft, vandalism, or other offense against the property or equipment, the Subcontractor shall notify the appropriate local law enforcement authorities. B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding the return to the Department of any equipment bought under this Contract with funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor agrees that it will not give any security interest, lien, or otherwise encumber any item of equipment purchased with Contract funds. The Subcontractor agrees to permanently identify all equipment with appropriate tags or labels affixed to the equipment and to maintain a current inventory record of the equipment which must be made available to the Fiscal Agent and the Department upon request. C. The property shall be maintained in good condition at all times. Unless waived by the Fiscal Agent and Department, all maintenance and repair costs associated with any property shall be borne by the Subcontractor. All property must be returned to original condition, except for normal wear and tear, prior to return of the property to the Fiscal Agent. SECTION 13. TAXES The Fiscal Agent and the Department will not be liable for Federal, State, or local excise taxes incurred by or assessed against Subcontractor. The Subcontractor must be able to demonstrate on -site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of Internal Revenue Service Form W -2s to common law employees. The Subcontractor is responsible for both Federal and State unemployment insurance coverage and standard workers' compensation insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment or workers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and State tax laws and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay to the Fiscal Agent or Department all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. SECTION 14. DISPUTES The Fiscal Agent is responsible for hearing any grievances, including disputes, claims or protests, arising out of the administration and operations of programs funded under CYD Program. Non - discrimination complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information Form within 365 days of the action complained of. Non - discrimination complaints that do not allege a violation of the CYD Program may be initiated by filing a Grievance Information Form within 30 days of the action complained of. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. SECTION 15. INDEPENDENT AUDIT The Subcontractor agrees to submit an annual financial and compliance audit of the Subcontractor's fiscal year -end in accordance with the Single Audit requirements of OMB Circular A -133 (Audits of State, Local Government, and Non - Profit Organizations). A. Subcontractor understands and agrees that it shall be liable for all costs associated with said audit. B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for any costs disallowed as a result of said audit in accordance with the "Liability for Repayment" provisions of this Contract, as set out in Section 4 of these Standard Terms and Conditions. C161 Attachment C- Sandard Terms and Conditions 78415 CYD Program C. The Fiscal Agent and Department reserve the right to conduct an independent audit of all funds received under this Contract. The audit may be performed by the Fiscal Agent, a certified public accounting firm, or other auditors as designated by the Fiscal Agent or the Department. Such audit will be conducted in accordance with applicable professional standards and practices. D. In the event a final audit has not been performed prior to termination of this Contract, the Fiscal Agent shall retain the right to recover funds after fully considering the recommendations on disallowed costs resulting from such final audit. E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub - Subcontractors shall immediately report to the Fiscal Agent and the Department any incidents of fraud, abuse, or other criminal activity in the relation to the provisions of this Contract or applicable State Regulations. SECTION 16. PREVENTION OF CONFLICTING INTERESTS A. Every reasonable course of action shall be taken by the Subcontractor to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manner, free from personal, financial, or political gain. Subcontractor, its executive staff, and employees, in administering this Contract, shall avoid situations that give an appearance or suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. B. No member, officer, agent, or employee of the Fiscal Agent or the Department who exercises any functions or responsibilities in the review or the approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects his /her financial interest. C. Executives and employees of Subcontractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shall exercise due diligence to avoid situations which give rise to an appearance or assertion that favorable treatment is being granted by friends and associates who are also members, officers, agents, or employees of the Fiscal Agent or the Department. A permanent record of any transaction involving a Subcontractor who is also a friend or associate of a member, officer, agent, or employee of the Fiscal Agent or the Department shall be retained when it is in the public interest for the Fiscal Agent or the Department to conduct business with such person. D. Members, officers, agents, and employees of the Fiscal Agent or the Department and elected officials shall not solicit nor accept money or any other consideration from Subcontractor or any other third person for the performance of an act reimbursed in whole or in part by the Fiscal Agent or the Department. Supplies, materials, equipment, or services purchased with Contract funds shall be used solely for the purposes allowed under this Contract. No member of the Fiscal Agent or the Department shall cast a vote on the provision of services by that member or by any organization which that member represents or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. SECTION 17. FRAUD AND ABUSE PREVENTION A. Subcontractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for proper and effective management and the prevention of fraud and abuse in all activities funded under this Contract. Csy Attachment C- Sandard Terms and Conditions 78415 CYD Program B. Failure on the part of Subcontractor to comply with the provisions of this Contract or with the Department, or applicable regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds and termination of this Contract for cause. C. Subcontractor shall ensure diligence in maintaining programs under this Contract including the carrying out of appropriate monitoring activities and in taking immediate corrective action against known violations of Department regulations. D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the fastest means available, upon discovery of any incident of fraud, or suspected fraud, involving this program. SECTION 18. INDEMNIFICATION The Subcontractor shall indemnify and hold harmless the Fiscal Agent and the Department, their officers, agents, representatives, and employees, from and against any and all claims or losses for physical damage to property or injury to persons resulting from negligence, misconduct, or any act or omission on the part of the Subcontractor, its officers, agents, employees, representatives, or Sub - subcontractors. In the event of loss, damage, or destruction of any property due to the negligence, misconduct, act or omission of the Subcontractor, the Subcontractor shall indemnify and pay full cost of repair, reconstruction, or replacement, at the discretion of the Fiscal Agent and Department. Such cost shall be due and payable by the Subcontractor within ten (10) calendar days after the date of receipt of written notice from the Fiscal Agent or Department of the amount due. The State of Texas, Department, and Fiscal Agent, and their respective employees, officers, agents, and representatives can neither agree to hold the Subcontractor harmless nor agree to indemnify the Subcontractor and any provisions to the contrary are void. AX01 Ile] Z11111iE.1 111&11x01 f_ 1N1_ 1ZIIZ Vie] IV /=1Jil=1Z11 d :J;0]:11-3111=1l. Subcontractor shall ensure that no funds under this Contract shall be used directly or indirectly in the support of any religious or anti - religious activity, worship, or instruction. SECTION 20. POLITICAL ACTIVITY /LOBBYING The Subcontractor will not use any funding under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. No funds provided under this Contract may be used in any way to influence or attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress or for lobbying with State or local legislators. Subcontractor shall comply with the requirements of New Restrictions on Lobbying imposed by 29 CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55, No. 116, dated June 15, 1990, and codified at 31 United States Code ( "USC ") 1352, as amended. Subcontractor shall comply with the certification and disclosure requirements in Attachment F to this Contract. SECTION 21. NON - DISCRIMINATION AND EQUAL OPPORTUNITY A. Subcontractor shall comply with all applicable Federal and State regulations and with Department policies and procedures regarding services delivered under this Contract including, but not limited to, the following: 1. Title VI of the Civil Rights Act 1962 (Public Law 88 -352) Section 504 of the Rehabilitation Act of 1973 (Public Law 93 -112) Americans with Disabilities Act of 1990 (Public Law 101 -336) Age Discrimination Act of 1975 [fA Attachment C- Sandard Terms and Conditions 78415 CYD Program Title IX of Education Amendments of 1972 Food Stamp Act of 1977; and The HHS agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. and all amendments to each, and all requirements imposed by the regulations issued pursuant to these Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code, as amended. These laws provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, physical /mental disability, drug or alcohol abuse or alcoholism, political beliefs, or religion be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding or otherwise be subjected to discrimination; 2. Texas Health and Safety Code, Section 85.113, as amended, relating to workplace and confidentiality guidelines regarding AIDS and HIV; Immigration Reform and Control Act of 1986, as amended, regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this Contract; 4. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable Federal and State laws, rules, and regulations. This provision does not limit the Fiscal Agent's or the Department's right of access to client case files or other information relating to clients served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6. If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. 8. Comply with Federal ,State and local licensing and certification requirements, health and safety standards, and regulations prescribed by the DHHS and TDPRS; 9. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 USC 7401 et seq., as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended; 10. Immediately remove any agent, officer, employee, representative, or volunteer from direct client 48 Attachment C- Sandard Terms and Conditions 78415 CYD Program contact who is alleged to have committed child abuse, neglect, or exploitation, or an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code, as amended, or an offense under the Texas Controlled Substances Act. If it is determined that the employee or volunteer has not committed such offenses, the employee or volunteer may again be assigned to direct client contact; provided however, the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten (10) working days prior to the reassignment. The Subcontractor must provide the Fiscal Agent and the Department with further information concerning the reasons for the reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses listed in this paragraph, the employee or volunteer shall not be reassigned to duties involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemeanor charges; 11. Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations and Federal circulars, as amended; 12. Allow any of Subcontractor's employees to testify in judicial proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94 -163), as amended. B. The Subcontractor shall have written participant and employee grievance procedures consistent with applicable Federal and State requirements. The Subcontractor shall establish and maintain complaint procedures to resolve all complaints arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this Contract, Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty (30) percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutilized or disadvantaged businesses. SECTION 22. REPORTING ABUSE, NEGLECT, OR EXPLOITATION Subcontractor will promptly report any suspected case of abuse, neglect, or exploitation to the appropriate authority as required by the Texas Family code, Chapter 261. All reports must be made within twenty -four (24) hours of the discovery of abuse, neglect, or exploitation. SECTION 23. HEALTH AND SAFETY STANDARDS Health and safety standards established under Federal, State and local laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such participants. SECTION 24. INSURANCE till Attachment C- Sandard Terms and Conditions 78415 CYD Program A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shall be provided for direct delivery of protective services and other services under this Contract. The Subcontractor shall obtain and furnish proof of the following bonding and insurance coverage within forty -eight (48) hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1. Dishonesty bonding under a commercial crime policy or business services bonding, at a $10,000.00 minimum or up to the Contract amount, whichever is greater; 2. Commercial General Liability Coverage at a five hundred thousand dollar ($500,000) minimum for each occurrence limit and one million dollars ($1,000,000) minimum aggregate limit. The Fiscal Agent and Department shall be provided with at least 30 days notice of policy or bond cancellation, intent to not renew, or material change in the policy or bond; 3. Automobile liability insurance in the broad form, applicable if Subcontractor uses an automobile, whether owned, leased, or non -owned in conducting its performance under this Contract, is required which shall have a minimum required coverage of $500,000 combined single limit. In the event Subcontractor requires its employees, trainees, volunteers, or other agents to utilize their own automobiles in the performance of this Contract, Subcontractor shall secure and maintain on file from all such persons a self - certification of such coverage; and 4. Workers' compensation and adequate on -site medical and accident insurance shall be required for all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations serving as employers of record for any participant, whether that organization is the Subcontractor or a third party; on -site medical and accident insurance shall be required for all non -work setting and classroom training activities for participants not qualifying as employees under the workers' compensation laws. Participants who are employees must be given comparable benefits afforded by the employer to other employees of similar standing in the employer's workforce. B. All coverage must be with insurance companies or carriers rated for financial purposes "A" or better whose policies cover risks located in the State of Texas. All bonds, policies, and coverage described above shall be maintained during the entire term of Contract awarded. Lapse of any coverage or bond required herein shall be considered breach of Contract and Contract awarded shall be immediately cancelled. C. The Department may waive all or part of these insurance requirements at its discretion. D. When Subcontractor is a governmental entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, as set out above, but shall also be subject to the indemnification provisions contained in Section 19 (Indemnification) of these Standard Terms and Conditions. E. The Fiscal Agent shall be named as a Certificate Holder on all policies named above and such coverage shall not be canceled or materially changed unless, 30 days prior to the effective date, a written notice is sent to the Fiscal Agent at the address specified in this Contract. Unless waived by the Fiscal Agent, the Fiscal Agent shall not be responsible for the payment of premiums or assessments on such policies. SECTION 25. DEBARMENT AND SUSPENSION A. The Subcontractor shall comply with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, as amended, and, in so doing, provide to the Fiscal 1.111 Attachment C- Sandard Terms and Conditions 78415 CYD Program Agent and the Department, upon Subcontractor's signature and execution of this Contract and prior to Fiscal Agent's execution of this Contract, a certification bearing the following statement: Subcontractor certifies that 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 department or agency. A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent. B. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. Subcontractor shall require the same certification from its subcontractors, which shall be forwarded to Fiscal Agent along with the request for Sub - subcontractor approval as required by Section 8 (Subcontracting) of these Standard Terms and Conditions. SECTION 26. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT A. In developing, copying, and disseminating reports or other information under this Contract, the Subcontractor agrees to the following: Grant to the Department the right to copyright, use, reproduce, and distribute any material written or produced by the Subcontractor that is the subject of this Contract; and 2. Defend any claims, suits, or proceedings brought against the State of Texas, the Department or the Fiscal Agent on the issue of infringement of any copyright by any product, or any product part, supplied by the Subcontractor to the Fiscal Agent or Department under this Contract. The Subcontractor will pay, subject to limitations specified in this section, any final judgment entered against the State of Texas, the Department, or the Fiscal Agent on this issue in any suit or proceeding defended by the Subcontractor. The Subcontractor will be relieved of this obligation if, within 30 days after the Fiscal Agent and Department receive notice, the Fiscal Agent or Department fails to notify the Subcontractor in writing of any claim, suit, or proceeding and, at the Subcontractor's expense, give the Subcontractor all information needed to defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney General of Texas. B. With respect to any invention resulting from this Contract, the Fiscal Agent and the Department have a nonexclusive, non - transferable, irrevocable, paid -up license to practice or have practiced the subject invention throughout the world. C. The Subcontractor shall report to the Fiscal Agent and the Department within 30 days and in reasonable written detail each notice or claim of patent or copyright infringement based on the performance of this Contract of which the Subcontractor has knowledge. D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed under this Contract, the Subcontractor shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information at the expense of the Fiscal Agent or the Department except where the Subcontractor has agreed to indemnify the Fiscal Agent or the Department. E. The Subcontractor agrees to include, and require inclusion of, this clause in all subcontracts at any tier for supplies or services expected to exceed $15,000. 1.2 Attachment C- Sandard Terms and Conditions 78415 CYD Program AX01 Ile] ZF*M116-163116114110*6 1; Kd61 ZIJ11 7:1Z III I1_1a1Z17IN IT, F- Al Ile] Z' Subcontractor agrees to maintain the confidentiality of any information regarding applicants, program participants, and their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information may be disclosed only as necessary for purposes related to the performance or evaluation of this Contract and to persons having responsibilities under this Contract. However, Subcontractor's information may be subject to required public disclosure under the Texas Public Information Act. Chapter 552 of the Texas Government Code. SECTION 28. COMMUNICATIONS All notices and requests given to or made to the parties must, except as otherwise specified, be in writing and delivered or mailed at the notice addresses specified on the Cover Sheet of this Contract. The parties may change their notice addresses upon five (5) written days notice to the other party. Any notices or requests are deemed given upon actual delivery or depositing the same with the U.S. Postal Service, properly addressed, postage prepaid, certified mail, return receipt requested. In some instances, email correspondence may be utilized and this communication is to be treated as having received a written correspondence. SECTION 29. GENERAL STANDARDS OF PERFORMANCE A. Subcontractor agrees that the level of services and activities performed shall be maintained in accordance with the terms and conditions of this Contract. B. The Performance Measures, Attachment A -1 to this Contract, Plan of Operation, Attachment A -2 to this Contract, Budget, Attachment B -1 to this Contract, Budget Narrative, Attachment B -3 to this Contract and Program Requirements, Attachment C -1 to this Contract, constitute promised performance under this Contract. If Subcontractor fails to meet the performance goals for any monthly period as specified under this Contract, this Contract is subject to obligation or termination in accordance with this Contract. SECTION 30. ENTIRE AGREEMENT A. All oral or written agreements between the parties relating to the subject matter of this Contract made prior to the execution of this Contract have been incorporated herein. C. Subcontractor understands and agrees that the Attachments designated on the Cover Sheet of this Contract are a part of this Contract and constitute promised performance by Subcontractor under this Contract. SECTION 31. CONTINGENT ON FUNDING This Contract is at all times contingent upon the availability and receipt of Federal or State funds that the Fiscal Agent and Department have allocated to this Contract; and if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent or Department. The Fiscal Agent's obligation is contingent upon the availability of funds from which payment for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. SECTION 32. TRAINER QUALIFICATIONS 1.7► Attachment C- Sandard Terms and Conditions 78415 CYD Program A. Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors, trainers, counselors professional and paraprofessional and other staff shall possess education, training, and or experience to provide the skills, knowledge, and abilities necessary to perform the duties of the position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certifications. B. Staffing personnel must be maintained at the level negotiated and contracted for between the Subcontractor and the Fiscal Agent. Changes in staff positions or reduction in hours shall be immediately reported to Fiscal Agent for review and approval. C. Subcontractor agrees and understands the performance of work proposed, negotiated, and contracted for must be maintained at the level agreed upon at initiation of this Contract. Any deviation from these requirements must be reported to Fiscal Agent. Failure to maintain qualified personnel, the required level of performance, approved curriculum, and other pertinent quality control standards required by the Fiscal Agent and Department may constitute a breach of this Contract, grounds for termination of this Contract by the Fiscal Agent or the Department, and refund of amounts to Fiscal Agent or Department. SECTION 33. TERMINATION A. If the Subcontractor fails to provide services according to the provisions of this Contract, the Fiscal Agent or Department may, upon written notice of default to the Subcontractor, with opportunity to cure within 30 to 60 days, terminate all or any part of the Contract. Termination may be exercised in addition to any other rights and remedies provided by law or under this Contract. B. The Fiscal Agent or the Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause, upon written notice of default to the Subcontractor and opportunity to cure within 30 to 60 days, or take other actions, including, but not limited to: 1. requiring the Subcontractor to take specific corrective actions in order to remain in compliance with any contractual provision; 2. to recoup payments made to the Subcontractor or impose administrative error sanctions based on audit findings of violations of Contract requirements; and, 3. to suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all Contract rights. C. If Federal or State laws or other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this Contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this Contract. D. This Contract may be terminated at any time by mutual consent. In addition, either party to this Contract may consider it to be canceled by giving 14 calendar days advance written notice to the other party. This Contract will be terminated at the end of the 14 day period. Nothing in this section shall be construed to prohibit immediate termination of the Contract pursuant to the sections above. This Contract shall otherwise terminate by the date specified in the Contract Cover Sheet. E. At the end of the Contract term or other Contract termination or cancellation, the Subcontractor, in good faith and in reasonable cooperation with the Fiscal Agent and the Department, shall aid in the transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. 53 Attachment C- Sandard Terms and Conditions 78415 CYD Program F. The Department shall suspend or revoke this Contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud. The Fiscal Agent shall also suspend or revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency listed in Article II of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as it may be amended. SECTION 34. FORCE MAJEURE The Subcontractor agrees to be financially liable for undue delays or failures in Contract performance except for any delay in or failure of performance of any requirement caused by force majeure (i.e., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of the Department, in the exercise of reasonable diligence, until these exigencies have been removed. The Subcontractor shall inform the Fiscal Agent and the Department in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. The Subcontractor agrees that breach of this provision entitles the Fiscal Agent or Department to reduce or stop payments, immediately terminate this Contract, collect partial or whole payment for services not timely delivered, collect other liquidated damages including the amount of any bond for Contract amount, and any other remedies available to the Fiscal Agent and Department under the terms of this Contract, in equity, or under Texas law. SECTION 35. MONTHLY PERFORMANCE REVIEW Subcontractor will be notified monthly and /or quarterly by written correspondence to identify the Subcontractor's performance in accordance with the performance measures identified in Attachment A -1 These reviews will be considered as Notice of Performance and may be used as a determination of performance. l;�X01 Ile] Z :IZ6 -]101Z Eel 2:7_VA IT, I=1Z III � If the Fiscal Agent determines in its sole discretion that Subcontractor is not meeting all performance measures in Attachment A -1, or if Fiscal Agent determines in its sole discretion that Subcontractor is not in compliance with all provisions of the Contract, the Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal Agent may suspend payments to Contractor until such time as Contractor is in full compliance with the performance measures and all other provisions in this contract. Subcontractor will be given prompt written notice and the opportunity for a hearing within fourteen (14) calendar days from such suspension. 'i X01 Ile] Z1191rJ111111111: »2_VA IT, I=1Z11191072111ZI Subcontractor shall issue repayment of funds to Fiscal Agent within 14 calendar days of Fiscal Agent's written demand for repayment if Fiscal Agent determines in its sole discretion that Subcontractor has not met the Performance Measures identified in Attachment A -1.. SECTION 38. SUBCONTRACTOR COMPLIANCE WITH PRIMARY CONTRACT Subcontractor accepts and agrees to abide by all terms and conditions of the primary contract between the City of Corpus Christi and the Texas Department of Family and Protective Services ( "Primary Contract ") regarding the Community Youth Development Program. The Primary Contract is incorporated by reference and the Subcontractor is bound to all the requirements, terms, and conditions of the Primary Contract. The Primary Contract controls in the event of any conflict with this subcontract. 54 Texas Dept. of Family Certifications Form 4733 and Protective Services February 2010 The certifications enumerated below represent material facts upon which DFPS relies when accepting a bid for this solicitation. If the Department later determines that Potential Contractor knowingly rendered an erroneous certification, DFPS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DFPS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. if the Signor cannot certify the accuracy of all the statements contained in this section, Signor must provide written notice to DFPS detailing which of the below A. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Executive Orders 12549 and 12689 require DFPS to screen each covered Signor to determine whether each has a right to obtain a contract in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Signor certifies the following: 1. That Signor is, to the best of its knowledge and belief, not debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or any resulting contract. 2. That Signor will not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by DFPS or the U.S. Department of Health and Human Services. 3. That Signor will include this section regarding debarment, suspension, ineligibility, and voluntary exclusion without modification in any subcontracts or solicitations for subcontracts. B. Certification Regarding Lobbying. State and federal law place restrictions on the use of state and federal funds in regard to lobbying. The Signor certifies, to the best of its knowledge and belief, that: 1. In accordance with 31 U.S.C. §1352, no federal appropriated funds have been paid or will be paid, by or on behalf of the Signor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 3. The Signor shall require that the language of this certification be included in the award documents for subcontracts and that all subcontractors shall certify and disclose accordingly. 4. Payments of appropriated or other funds to Signor under any resulting agreement are not prohibited by Texas Government Code §556.005 or §556.008. C. Certification Regarding Child Support. Under Texas Family Code Section 231.006, the vendor or applicant certifies that the Page 1 of 3 55 Texas Dept. of Family Certifications Form 4733 and Protective Services February 2010 individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. D. Drug -Free Workplace Certification. Signor certifies that it will or will continue to provide a drug -free workplace by- 1 . Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about— a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug -free workplace; C. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (D)(1); 4. Notifying the employee in the statement required by paragraph (D)(1) that, as a condition of employment under the grant, the employee Will- a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (D)(4)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (D)(4)(b), with respect to any employee who is so convicted — a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace. E. Anti -Trust Certification. Pursuant to 15 U.S.C. Sec. 1, et seq. and Tex. Bus. & Comm. Code Sec. 15.01, et seq., Signor certifies that neither the Signor nor the firm, corporation, partnership, or institution represented by the Signor, or anyone acting for such a firm, corporation, or institution has violated the anti -trust laws of this state, federal anti -trust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Page 2 of 3 56 Texas Dept. of Family Certifications Form 4733 and Protective Services February 2010 F. Deceptive Trade Practices. Signor certifies that it has not been found guilty or liable of a Deceptive Trade Practices Act or any unfair business practice either in an Administrative hearing or court suit within the last 5 years. Signor certifies that it has no officers who have served as officers of other entities who have been found guilty or liable of a Deceptive Trade Practices Act or any unfair business practice either in an administrative hearing or court suit within the last 5 years. Signor represents and warrants that within the last five years it has not been found guilty or liable of any investigation or proceeding by any federal or state securities regulator under any federal or state securities laws or regulations. G. Prohibited Responses and Contracts. Pursuant to Texas Government Code §2155.004 -006, Signor certifies that the individual or business entity named in this form is eligible to receive the specified contract and acknowledges that any contract concerning this certification may be terminated and payment withheld if this certification is inaccurate. H. Financial Interests; Gifts. Signor certifies that neither Signor nor any person or entity that will participate financially in a contract has received compensation from DFPS for participation in preparation of specifications for a contract. Signor certifies that it has not given, offered to give, and does not intend to give at any time, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any public servant or employee in connection with a contract. As the duly authorized representative (Signor) of the Potential Contractor, I hereby certify that the Potential Contractor will comply with the above certificatii s. Nickie G. Valdez Printed Name of Authorized Representative !Agrilature of Authorized Repr sentative Vice - President Title of Authorized Representative Date 3 b 3 SERCO of Texas 23792861 -1 Legal Name of Potential Contractor I Procurement or Contract Number Page 3 of 3 57 TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYO 2Q142 This contract is entered into by the City of Corpus Christi (�ity"m "Fiscal Agent") and the following named Subcontractor: Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program rCYD, funded by the Texas Department of Family and Protective Services (^[)FPS''). This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A,1) Plan of Operation (Attachment A-2) Program Requirements (Attachment A-3) Budget, Reimbursement Request Form & Budget Narrative (Attachments B'1. B-2. and B'3) Standard Terms and Conditions (Attachment C) Subcontractor Certification, Form 4733 (Attachment [}) Executed in triplicate, each mf which recognized as an original. ATTEST: City of Corpus Christi AmmendoChapa City Secretary Legal form approved 1 2013; By: Doug|aeOeFnsutum Assistant City Attorney Ron Olson City Manager Date: \ ~ 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM Communities In Schools of the Coastal Bend TABLE OF CONTENTS Page No. Contract Cover Sheet Tableof Contents ............................................................... ..............................i Contracted Performance Measures (Attachment A -1) ... ..............................1 Plan of Operation (Attachment A -2) ................................. ..............................7 Program Requirements (Attachment A -3) ........................ .............................20 Budget Information Forms (Attachment B -1) ................... .............................22 Reimbursement Request Form (Attachment B- 2) ............ .............................29 Budget Narrative (Attachment B -3) ................................... .............................30 Standard Terms and Conditions (Attachment C) ............. .............................33 Sections 1. Legal Authority 2. Independent Contractor 3. Financial Limitation 4. Liability for Payment 5. Changes and Amendments 6. Accounting Requirements 7. Record Keeping /Reporting Requirements 8. Subcontracting 9. Publicity 10. Technical Assistance 11. Monitoring and Assessment 12. Property 13. Taxes 14. Disputes 15. Independent Audit 16. Prevention of Conflicting Interests 17. Fraud and Abuse Prevention 18. Indemnification 19. Sectarian Involvement Prohibited 20. Political Activity /Lobbying 21. Non - Discrimination and Equal Opportunity 22. Reporting Abuse, Neglect, or Exploitation 23. Health and Safety Standards 24. Insurance 25. Debarment and Suspension 26. Notice and Assistance Regarding Patent and Copyright Infringement 27. Disclosure of Confidential Information 28. Communications 29. General Standards of Performance 30. Entire Agreement 31. Contingent on Funding 32. Trainer Qualifications 33. Termination 34. Force Majeure 35. Monthly Performance Review 36. Suspension of Payments 37. Repayment of Funds 38. Subcontractor Compliance with Primary Contract Subcontractor Certification, Form 4733 (Attachment D) ....................... 49 ii Attachment A-1 Contractor: Communities In S�hools of the Coastal Bend Program Name: Communities In S�hools, Inc Contract Number: 23792861 -1 Contract Period: SBptember 1, 2013 — August 31, 2014 Performance Measures Pursuant to Texas Human Fbsources Code $40.058 all contracts for client services must include dearly defined goals and outcomes that can be measured to determine whether the objectives of the program are being achieved. The Oty will use the following Performance Measures to evaluate the success of the Sib- Contractor's performance of services under this contract. Goal of the Contract: To prevent delinquency in Target Youths Goal of the Contract: To prevent delinquency in Target Youths OUTPUT M E SUF ES OUTPUT #1: The expected average number of Target Youths are served monthly. Performance Period: Contractor performance for this output is determined for each month of the contract period, either wholly or partially, depending on the contract start and end dates. Indicator: Average number of unduplicated Target Youths served in the Contractor's CYD Program each month Target: 25-28 Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program Data Source: PBSDatabase Methodology: The numerator is the total number of unduplicated Target Youths served by the Contractor during the most recent completed month, added to the total number of unduplicated Target Youths served by the Contractor during each previous completed month (if any). The denominator is the total number of completed months. Divide the numerator by the denominator. OUTPUT#2: The expected average number of Target Youths are served during the contract period. Performance Period: Contractor performance for this output is determined annually but measured quarterly throughout the contract period. Indicator: Total number of unduplicated Target Youths served in the Contractor's CYD Program during the contract period. Target: 300 - 340 Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program Data Source: PBSDatabase Methodology: Total number of unduplicated Target Youthswith unique client ID numbersthat were served by the Contractor during the contract period. OUTPUT#3: Pre -Service and Post- Service Protective Factors Survey Questionnaires are completed by the 6 -9 year old Target Youths served. Performance Period: Contractor performance for this output is determined annually but measured quarterly throughout the contract period. Indicator: Percentage of eligible 6 -9 year old Target Youths served in the Contractor's CYD Program from whom completed Pre- ,%rvice Protective Factors Sirvey Questionnaires and matching Post- ,%rvice Protective Factor &Arvey Questionnaires are obtained by the Contractor Target: 60% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources: PBSDatabase Methodology: The numerator is the number of eligible 6 -9 year old Target Youths served by the Contractor during the contract period from whom completed Pre- ,%rvice Protective Factors Sirvey Questionnaires and matching Post - Service Protective Factor Sirvey Questionnaireswere obtained. The denominator is the total number of eligible 6 -9 year old Target Youths served by the Contractor during the contract period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. OUTPUT#4: Pre -Service and Post- Service Protective Factors Survey Questionnaires are completed by the 10 -17 year old Target Youths served. Performance Period: Contractor performance for this output is determined annually but measured quarterly throughout the contract period. Indicator: Percentage of eligible 10 -17 year old Target Youths served in the Contractor's CYD Program from whom completed Pre- ,%rvice Protective Factors Sirvey Questionnaires and matching Post- ,%rvice Protective Factor &Arvey Questionnaires are obtained by the Contractor Target: 60% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources PBSDatabase Methodology: The numerator is the number of eligible 10 -17 year old Target Youths served by the Contractor during the contract period from whom completed Pre- ,%rvice Protective Factors Sirvey Questionnaires and matching Post- ,%rvice Protective Factor Sirvey Questionnaireswere obtained. The denominator is the total number of eligible 10 -17 year old Target Youths served by the Contractor during the contract period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. • AA ki .�� OUTCOM E #1: 6 -9 year old Target Youths report an increase in the protective factors Performance Period: Contractor performance for this outcome is determined annually. Indicator: Percentage of unduplicated 6 -9 year old Target Youthswho indicate an absolute increase in protective factors, as determined by comparison of the Pre - Service Protective Factors Sirvey scores to the Post - Service Protective Factors Sirvey scores Target: 75 %(The Contractor's ability or inability to meet or exceed this target will not be the sole means for assessing their success in providing the contracted client services. DFPS reserves the right to revise the target for this outcome measure for any subsequent contract periods based on statewide Contractor performance data.) Purpose: To evaluate the Contractor's success at increasing protective factors in the 6 -9 year old Target Youthswho are served by the Contractor's CYD Program Data Sources: PBSDatabase Methodology: For each eligible 6 -9 year old Target Youth from whom both Pre- and Post - Service Protective Factors Sirvey Questionnaires are obtained by the Contractor: 1. Calculate the scores for both the Pre- and Post - Service Questionnaires per instructions in the Protective Factors Sirvey User Manual. 2. For each set of matching Pre- and Post - Service Questionnaires from the same 6 -9 year old Target Youth, subtract the score in the Pre - Service Protective Factors Sirvey Questionnaire from the corresponding score in the Fbst- Service Protective Factors Sirvey Questionnaire to determine an absolute increase, if any. 3. Count the number of Post - Service Protective Factors&jrvey Questionnaires that indicate an absolute increase. 4. The numerator isthe number of Post - Service Protective Factors Sirvey Questionnaires that indicate an absolute increase in the score. The denominator isthe total number of Post - Service Protective Factors Sirvey Questionnaires completed by eligible 6 -9 year old Target Youths. Divide the numerator by the denominator, multiply by 100 and state as a percentage. (The Contractor must meet or exceed the target for Output #3 in order to achieve the target for this outcome.) OUTCOM E#2:10-17 year old Target Youths report an increase in the protective factors Performance Period: Contractor performance for this outcome is determined annually. Indicator: The number of Protective Factors SArvey subscales (protective factors) for which 10 -17 year old Target Youths indicate an absolute increase by comparing Pre - Service Protective Factors scores to Post - Service Protective Factor scores. Target: On protective factor which 75 %of 10 -17 year old Target Youths indicated an absolute increase (The Contractor's ability or inability to meet or exceed this target will not be the sole means for assessing their success in providing the contracted client services. DFPSreserves the right to revise the target for this outcome measure for any subsequent contract periods based on statewide Contractor performance data.) Purpose: To evaluate the Contractor's success at increasing protective factors in the 10 -17 year old Target Youthswho are served by the Contractor's CYD Program Data Sources: PBSDatabase Methodology: For each eligible10 -17 year old Target Youth from whom both Pre- and Post- SBrvice Protective Factors Sirvey Questionnaires are obtained by the Contractor: 1. Calculate the subscale scores for both the Pre- and Post- SBrvice Questionnaires per instructions in the Protective Factors Sirvey User Manual. 2. For each 10 -17 year old Target Youth, subtract the subscale scores in the Pre- SBrvice Protective Factors Sirvey Questionnaire from the corresponding subscale scores in the Post- SBrvice Protective Factors Sirvey Questionnaire to determine an absolute increase, if any. 3. For each subscale, count the number of Post- SBrvice Protective Factors Sirvey Questionnaires that indicate an absolute increase. 4. For each subscale, the numerator is the number of Post- SBrvice Protective Factors Sirvey Questionnaires that indicate an absolute increase in that subscale score (protective factor). The denominator isthe total number of Post- SBrvice Protective Factors Sirvey Questionnaires completed by eligible10 -17 year old Target Youths. Divide the numerator by the denominator, multiply by 100 and state as a percentage. 5. Count the number of subscales (protective factors) for which the percentage equals 75 %or more. (The Contractor must meet or exceed the target for Output #4 in order to achieve the target for this outcome.) OUTCOM E#3:10-16 year old Target Youths served in the Contractor's CYD Program will not engage in delinquent behavior. Outcome Performance Period: Contractor performance for this outcome is determined annually. Outcome Indicator: Percentage of 10 -16 year old Target Youths that are not referred to a county juvenile probation program while registered in and receiving services from the Contractor's CYD Program Outcome Target: 95% Purpose: To evaluate the Contractor's success in providing services that deter delinquent behavior in 10 -16 year old Target Youths receiving services from the CYD Program Data Sources: Texas Juvenile Justice Department database and PBSdatabase Methodology: The numerator is the total number of unduplicated 10 -16 year old Target Youths served in the Contractor's CYD Program during the contract period who were also referred to a county juvenile probation program while registered in the Contractor's CYD Program. An existing protocol for matching youth data maintained in the CYD database with youth data maintained by the Texas Juvenile Justice Department database will be used to establish the numerator. The denominator is the total number of unduplicated 10 -16 year old Target Youths served in the Contractor's CYD Program during the contract period. Divide the numerator by the denominator, subtract this number from one, multiply by 100 and state as a percentage. DEFIN111ONS Absolute Increase —A documented increase in the score for the Post - Service Protective Factors Sjrvey Questionnaire relative to the corresponding score for the matching Pre - Service Protective Factors Sjrvey Questionnaire. Completed Protective FactorsSirvey Questionnaire — For the Child (age 6 -9) Protective Factors Sjrvey Questionnaire, the Child must have responded to a minimum of 15 items. For the Youth (age 10 -17) Protective Factors Sjrvey Questionaire, the Youth must have responded to a minimum of 20 items. Contract Period —The total length of this time frame is limited to all or part of the current fiscal year and shall not exceed 12 months. Bicible (to respond to the Post- Service Protective FactorsSurvev Questionnaire) —A6 -17 year old Target Youth that has completed a Pre - Service Protective Factors 5larvey Questionnaire and; • Completed the prescribed CYD Program; or • Participated in the CYD Program for 12 months from the date the Pre - Service Protective Factors Sjrvey Questionnaire was completed. The Post - Service Protective Factors Sjrvey Questionnaire must be the same version (Age 6 -9 or Age 10- 17) that was administered to the youth as the Pre - Service Protective Factors Sjrvey Questionnaire. The youth's age is calculated as of the date of registration or September 1st of the current fiscal year if the youth was registered in a previousfiscal year. Bicible (to respond to the Pre - Service Protective Factors Survey Questionnaire) —A6-17 year old Target Youth must be newly registered into the CYD Program during the current contract period. The youth'sage is calculated as of the date of registration in the contract period assessed. Post - Service Protective FactorsSurvev Questionnaire —Atool identical to the Pre - Service Protective Factors ,Sjrvey Questionnaire administered to the 6 -17 year old Target Youth following the receipt of services and designed to assess changes in the levels of the Target Youth's protective factors. Pre - Service Protective FactorsSirvev Questionnaire —Atool administered to the 6 -17 year old Target Youth prior to the receipt of services and designed to assess the levels of the Target Youth's protective factors. Protective Factors— Personal characteristics or environmental conditions that interact with risk factors to reduce the likelihood of problem behaviors. Subscale— Groups of questions on the Youth (age 10 -17) Protective Factor Sjrvey Questionnaire indicative of one of five protective factors: Family Bonding/ Communication; S�hool Involvement; Individual Self- Esteem /Self - Efficacy; Positive Peer Association; Community Involvement. Target Youths — Youths through 17 years of age who live in and /or attend school in one of the designated 21P Code areas or attend school at another eligible public middle or high school located outside of the designated 2lPCode area that has at least 30% enrollment from the designated ZIP Code area as determined by DFPS Unduplicated Target Youth —A Target Youth with a unique client ID number who receives at least one service is only counted onetime during the performance period. Attachrrient A-2 — Ran of Operation Communities In Schoolsof the Coastal Bend, 78415 CYD Program Address: PO Box 331203, Corpus Christi, TX 78463 Inclusive Dates of Service: Funding Priority(ies): #1 Academic From: 9/1/2013 To: 8/31/2014 Support, #2 Life Skills, and #3 Recreational Services All addresses (locations) where services will be provided, (please use full address): 1. South Park Middle School: 3001 McArdle, Corpus Christi, TX 78415 2. Gloria Hicks Elementary: 3602 McArdle, Corpus Christi, TX 78415 Output #1: Output #3: Average number of 25 -28 Average number of 0 unduplicated youth served unduplicated adults monthly* : served monthly*: Output #2: Output #4: Number of unduplicated youth 300- Number of 0 served during the fiscal year * *: 340 * ** unduplicated adults served during the fiscal vear * *: Calculate the cost of the overall program per youth (Cost per = $Contract amount / # youth served annually.): $274 Please fill in the following chart to explain how you reach your target outputs during the fiscal year. If clients will be served only in individual or group services, add the Annual Outputs for both services and enter the sum above. On the other hand, if clients will be served by BOTH individual AND group services, the annual outputs should be identical and that number should be entered above. Be sure to include all services that will be provided. Copy and paste multiple rows as needed. Individuals: Groups: Is this CYD Program a stand -alone program or component of a larger program? The program is the amalgam of all the separate services provided. ❑ Stand -alone ® Component of a larger program (Name of the larger program- Communities In Schools) 2. Check the services to be provided: ❑ Youth -Based Curriculum Activity ® Life Skills Classes ❑ Family -Based Curriculum Activity ❑ Mentoring ❑ Family Focused Service ❑ Youth Leadership Development ® Recreational Services ❑ Youth Advisory Committee Business ® Academic Support Services 3. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms ® Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental /guardian supervision ® Caring adults other than parent ❑ Strong bond between children and parents ® Emotional support and absence of severe criticism ❑ High parental expectations ® Clear rules and expectations ❑ Involvement with school /community ® Friendship network ® Positive perception of self and others ❑ Places high values on helping others ® Sense of purpose 4. Describe the services to be provided. Be sure to include every service indicated in the check box above. CIS is proposing to serve two (2) sites: South Park Middle and Gloria Hicks Elementary. Communities In School's CYD program includes students, who have been referred because of a specific need such as behavior, academics and /or attendance and other students who will be registered under activities who will take part in all activities. All enrolled students attending a school in 78415 will have access to these services with CIS placing emphasis on youth 10 -17 years of age. The school sites will provide a safe environment where youth can learn and grow and serve as a resource center for other programs and agencies. Programs are age appropriate and customized per school site based on an assessment utilizing information from school staff, students and families. Some of the activities the casemanagers provide include support groups, individual guidance, family activities, homework help /tutoring, presentations and information on issues such as drug awareness, teen pregnancy, HIV /AIDS, and educational field trips. Casemanagers working full -time will invest time for preparation, coordination, and implementation of direct services. After school activities will be coordinated and implemented directly by the Casemanager. Casemanagers work with the families to provide a full- structure of assistance to the youth. Families are invited to various activities at the schools. This gives the families an opportunity to participate with their youth, to include speakers, presentations and one -on -one counseling. Academic Support Services will be provided once a week every other week for 1 hour for 4 months. Life skills which will include presentations and individual guidance will be provided for 1 hour once a week every other week for four months. Recreational services will also be provided for 4 months 1 hour once a week every other week. CIS /CYD staff will develop a monthly activity plan which will provide a tentative schedule of all activities. This monthly activity plan will be turned into the Project Coordinator for the prior month and a tentative activity plan for the current month. CIS /CYD programs will provide structured activities at two (2) school sites where eligible youth, parents and siblings are welcomed to participate. Coordinated activities are geared towards knowledge, personal growth, and enhancing family life. Activities will be varied to meet the needs of the participants. Activities will be implemented before and during school at the elementary school and middle school site. Identified elementary school sites will also include recreational activities immediately after school. Participation is voluntary with a CYD registration form signed by the parent/guardian. 5. Identify the days and times that services will be provided. Be sure to include every service indicated in the check box above. Service Location Day Time Recreational, Academic Gloria Hicks Monday- Friday 8:00 -4:00 Support, and Life Skills Elementary Recreation, Academic South Park Middle Monday- Friday 8:00 -4:30 Support, and Life Skills School 6. Describe what startup activities will be necessary, including but not limited to hiring and training staff, publicizing your program in the community, and recruiting youth to the program. Provide a brief timeline for all activities. Staff is hired and has been working the Communities In Schools program for a number of years. The two staff members are already associated with the two schools as well, so there is no startup necessary. The program works within the schools and curriculums are already created so services can begin as soon as all is approved. The youth are recruited through the school counselors and teachers and CIS has been working within this system for a number of years. 7. Identify the frequency, intensity and duration of services for a client: Academic Support 2 sessions per Services (CIS Tutoring & Youth month 8 sessions 4 mths Homework Assistance) Life Skills, Presentations, Youth 2 sessions per 8 sessions 4 mths Individual Guidance) month Recreational Services Youth 2 sessions per 8 sessions 4 mths month 8. Describe specific strategies of the proposed program that will reduce or prevent the impact of juvenile crime. CIS /CYD wishes to continue to be part of the force that has been successful in achieving or making a positive difference in the 78415 zip code area. As such, CIS takes great pride in proportionally sharing the success achieved by positive behavioral and social changes as a result of the efforts of the programs implemented to empower the youth of 78415. CIS /CYD in FY 2012 will continue to provide the alternative to gang involvement, criminal activity, and other social issue facing our youth. It will provide positive programs that will affect self- esteem, attitude, performance, and life skills in order to reduce and /or eliminate some of the barriers facing the youth of 78415. Our continual success derives from the following specific strategies: CIS Six - Component Model: Implementing the CIS model gives structure and direction to our program. Our casemanagers use proven methods to insure that students receive services and benefits from this successful program. Activities: Providing a safe and neutral environment for students to express themselves through enrichment and social interaction is an invaluable service provided by CIS. Sports, arts, workshops, and community projects inspire children to stay in school, build self- esteem, prepare for life, and above all help them stay off the streets. Collaboration: The commitment and professional support of CIS staff and their ability to tap into all available community resources maximizes delivery of services. CIS /CYD works closely with other agencies in bringing needed services and information to our students and their families. These resources have proven to be necessary in meeting the specialized needs of our students, and they will continue to be essential in the future. `11 Referrals: A successful referral procedure is currently in place to assist CIS by allowing school staff, parents, and other concerned community members to refer students in at -risk situations to our program. Flexibility: CIS allows enough flexibility within the program to personalize care so that all students may have their specific needs met. Accountability: CIS has a computerized data system, which tracks the attendance, behavior, and academic records of the youth. Given the correlation, CIS is able to assess attendance, behavior, and academics as a baseline of maintaining, adapting, or improving student performance at the school sites where CIS /CYD will provide the case management system. Tracking and collecting data has assisted CIS in maintaining a high level of quality services. CIS /CYD is able to determine our level of success in providing needed services to our students and families. CIS /CYD has demonstrated in the fourteen (14) years through the collection of data that when a youth is participating in a CIS /CYD program it is clearly a positive force. When a youth's school attendance, behavior, or academics improve, it induces positive social and behavioral change which reduces the propensity for that youth to engage in juvenile crime, and /or empowers the youth to become a productive citizen. The continuum of care and consistency has made the difference in the lives of the 78415 children. This participation has empowered the community to become a part of the solution. 9. Identify the program target in terms of the specific number of unduplicated (the first time a youth is seen) CYD participants to be served over the proposed contract period. Describe any variances in the average number of youth served that may occur per month (i.e. December is typically slower because the program is closed for half the month, etc). The 2011 -2012 CIS /CYD Program anticipates reaching approximately 350- 300 students. 10. Describe how you will work to keep the duplication rate down to below 20% of the entire target. (Duplication rate is calculated by the number of youth that participate between programs). CIS will make a good faith effort to enroll students that are not currently enrolled in any other CYD funded program. CIS will obtain a list of CYD funded programs for this fiscal year. Prior to registering a student they will be asked if they are currently enrolled in any of the other CYD funded programs. 11. If you have been previously funded by this program, what were your target goals and did you meet or exceed your target goals? PY 2009 80% of all youth will have a minimum of three contacts per month during the program year. Actual Outcome: 96% Output #1: Number of youth served Target: 330 Result: 349 youth served for the year Met Output #2: Timely submission of Billings /Monthly Reports Target: 90% Result: 100% timely submission Met is PY 2008 PY 2007 PY 2006 Output #3: Youth served under the age of 10 years Target: 20% Result:9.74% Met Output #4: Completed Asset Survey Target: 80% Pre -Test: 88% Not Met Post- Test:57% Not Met Output #5: Completed Satisfaction Questions Target: 50% Result: 111.76% Met Output #6: CYD Participants Perceived Services as Effective Target: 80% Result: 91.39% Met 75% of case managed students will show improvement in attendance, behavior and /or academics. Actual Outcome: 96.64% 80% of mentored youth will show improvement in Academics, Behavior, and /or Attendance. Actual Outcome MET: 100.00% 80% of all youth will have a minimum of one contact per month during the program year. Actual Outcome: 97.85% Outcome #1: Number of youth served Target: 900 Result: 829 youth served for the year Not Met Outcome #2: Timely submission of Billings /Monthly Reports Target: 90% Result: 100% timely submission Met Outcome #3: Youth served under the age of 10 years Target: 20% Result: 14.72% Met Outcome #4: Completed Asset Survey Target: 80% Result: 63.4% Not Met Outcome #5: Completed Satisfaction Questions Target: 50% Result: 88.45% Met Outcome #6: CYD Participants Perceived Services as Effective Target: 80% Result: 83.25% Met 950 students will be registered. Actual Outcome NOT MET: 743 75% of case managed students will show improvement in attendance, behavior and /or academics. Actual Outcome 95.74% 80% of mentored youth will show improvement in Academics, Behavior, and /or Attendance. Actual Outcome MET: 100.00% 80% of all youth will have a minimum of one contact per month during the program year. Actual Outcome MET: 83.86% 1,125 students will be registered. Actual Outcome MET: 1,397 75% of case managed students will show improvement in attendance, behavior and /or academics. Actual Outcome 97.67% `v 13 80% of all youth will have a minimum of two contacts per month during the program year. Actual Outcome MET: 88.48% 50% of activity students will show improvement in behavior at the end of their participation in the program. Actual Outcome: 86.00% PY 2005 1,070 students will be registered. Actual Outcome MET: 1,105 75% of case managed students will show improvement in attendance, behavior and /or academics. Actual Outcome: 98.28% 80% of all youth will have a minimum of two contacts per month during the program year. Actual Outcome: 98.55% 50% of activity students will show improvement in behavior at the end of their participation in the program. Actual Outcome MET: 82.69% PY 2004 1,209 students will be registered. Actual Outcome MET: 1,350 85% of case managed students will show improvement in attendance, behavior and /or academics. Actual Outcome 98.51% 80% of all youth will have a minimum of two contacts per month during the program year. Actual Outcome MET: 99.33% 50% of activity students will show improvement in behavior at the end of their participation in the program. Actual Outcome MET: 94.00% PY 2003 1,700 students will be registered. Actual Outcome MET: 1,949 85% of case managed students will show improvement in attendance, behavior and /or academics. Actual Outcome 98.91% 80% of all youth will have a minimum of two contacts per month during the program year. Actual Outcome MET: 99.00% 50% of activity students will show improvement in behavior at the end of their participation in the program. Actual Outcome MET: 76.80% PY 2002 Students registered. Actual Outcome: 1,701 85% of case managed students will show improvement in attendance, behavior and /or academics. Actual Outcome: 98.23% PY 2001 1,350 students were registered. Actual Outcome MET: 1,438 85% of case managed students will show improvement in attendance, behavior and /or academics. Actual Outcome: 95.54% PY 2000 1,183 students were registered. Actual Outcome MET: 1,438 85% of case managed students will show improvement in attendance, behavior and /or academics. Actual Outcome: 98.92% PY 1999 Students registered. Actual Outcome: 1,303 85% of case managed students will show improvement in attendance, behavior and /or academics. Actual Outcome: 89.62% PY 1998 1 Students registered. Actual Outcome: 909 PY 1997 1 Students registered. Actual Outcome: 1,562 13 it Is any part of the program specifically designed to serve a specific racial or ethnic group? Yes ❑ No ® If yes, please describe: 13. If applicable, identify any program model or curriculum to be implemented and include the developer of the program (e.g. All Stars Curriculum by Tanglewood). Communities In Schools model is the program that will be implemented. A five (5) year longitudinal evaluation (CIS National Evaluation), conducted by Caliber, and ICF International Company, is designed to provide conclusive evidence regarding the effectiveness of the CIS model in affecting student achievement and related school outcomes. The CIS National Evaluation concluded that: Compared with other dropout prevention programs with scientifically based evidence of effectiveness, the CIS Model is one of a very few in the United States proven to keep students in school. Among those with scientifically based evidence, CIS is the only dropout prevention model in the nation with research to prove it increases graduation rates. CIS mission is to keep students in school; therefore, not roaming the streets where many temptations of juvenile crime are prevalent. 14. Identify the CYD Program's goals and objectives. All goals and objectives should address the impact on juvenile delinquency. Goals are broad statements of what your program is intended to achieve. Objectives are specific, measurable, achievable, relevant and time - focused statements. CIS includes two types of registered participants: case managed and activities. Case managed students will demonstrate the effectiveness of their participation in the program through a Student Measurement Gauge and school documentation, such as report cards, which will measure improvement in attendance, behavior and /or academics. 75% of case managed students will show improvement in one or more of these areas. Activity students will be measured for improvement in behavior by the use of a post evaluation tool to be completed by a teacher or parent/guardian. 50% of activity students will show improvement in behavior at the end of their participation in the program. 80% of all youth will have a minimum of three contacts per month during the program year. Sign -in sheets and service logs are maintained to keep accurate track of participation. CIS will comply with Texas Department of Family and Protective Services requirements of administering pre and post 14 surveys to all youth as instructed. CIS /CYD goal is to achieve positive behavioral and social changes as a result of the efforts of the diverse programs implemented; therefore, the youth of 78415 will be empowered to seek the alternative to gang involvement, criminal activity, and other social peer issues facing youth 10 -17. 15. Describe the evaluation plan for the program to include: staff responsible for evaluation, how evaluation data will be collected, how evaluation data will be conveyed to relevant staff and how evaluation data will be used to revise or improve the program, to include at least the results of the satisfaction surveys. Include a list of measurement tools that will be collected, if applicable, to demonstrate on -going program effectiveness and implementation of the program design. Communities In Schools will continue to monitor and evaluate the program through review with staff. CIS /CYD will continue to work closely with agencies to assist in the coordination, monitoring, and evaluation of day -to -day operations. Documentation, files, and reports are maintained to record the progress of implementing the program. This information is either maintained by CIS and /or submitted to the fiscal agent. A monitoring process is also in place. CIS will continue to document services in compliance with the contract for the Activities components along with the CIS Model implementation. Client record maintenance will include data collection instruments such as parent consent forms, registrations, assessments, service logs, and sign -in sheets for proper verification of services. This data will continue to be collected and maintained in a secure and safe area not accessible to the public to ensure confidentiality. CIS /CYD reports are generated to provide statistical information. A comprehensive report will be compiled after the end of the contract year by assessing statistical data, school attendance and school performance. CIS /CYD staff, partners, and subcontractors will identify potential or existing deficiencies and provide immediate corrective action. CIS /CYD staff will also review CYD Satisfaction Surveys periodically through the year to ensure likability of the program. This information will be utilized to make changes or improve the program as necessary. 16. Recruitment a. Describe the process for recruitment of at -risk youth and their families. Provide a description of any outreach strategies used to encourage referrals and collaboration. Include recruitment efforts to address cultural diversity. Identify those agencies and organizations which are likely to refer clients. CIS /CYD staff will continue to work closely with school administration, counselors, teachers, and parents in identifying and recruiting those youth who will benefit from the CIS /CYD program. CIS /CYD staff will continue to make the community aware of services provided through the use of classroom and public presentations, participation in community outreach programs, and information posted on the agency website. These actions will continue to ensure that eligible youth and families are aware of the CIS /CYD program and how they can benefit through participation in the program. The partnership between CIS /CYD and the school in sharing of information will be a pivotal point. It will continue to be an integration of hands -on programs, life- skills, and classroom education. Youth participants will be identified through a referral system, where any community member or school staff can recommend participation in the program. Students may also refer themselves. These participants will be voluntary with a CYD registration form. b. Describe any community based outreach and awareness events or activities your program will implement or participate in this year. Communities In Schools brings extensive experience in networking, collaborating, and forming partnerships with numerous community resources, which `tit generate additional services. Some of the community resources include; Nueces County Juvenile Justice Center, Corpus Christi ISD, Texas A &M University- Corpus Christi, Texas Agricultural Extension Service, and many other local agencies. The CIS /CYD program has promoted community awareness, support, and integration of services that has enabled the continuous success in meeting grant goals and objectives for the past fourteen years. CIS /CYD has coordinated, partnered, and demonstrated effectively that other organizations can come under the umbrella of CIS /CYD to provide services to 78415 youth. We work closely with the two schools that we serve to assist with community events such as South Park Knight Feast, Fall and Spring Festivals, Health and Career Fairs, open house, PTA and Texas Public Schools week. CIS /CYD also attends city wide events such as CCISD Health Fair and the Grandparents Raising Grandchildren Conference. 17. Retention a. Describe strategies used to engage youth and their families. Describe any techniques you will implement to establish trust, build rapport, and maintain relationships with your target population. Communities In Schools is proposing to service two (2) sites: South Park Middle School and Gloria Hicks Elementary. Communities In Schools CYD program includes students, who have been referred because of a specific need such as behavior, academics and /or attendance and other students who will be registered under activities. Services will be offered directly at school sites. The school sites will provide a safe environment where youth can learn and play and serve as an informational resource centers for other programs and services. Programs are age appropriate and customized per school site based on an assessment utilizing information from school staff, students and families. Some of the activities casemanagers provide include support groups, individual guidance, family activities, homework help /tutoring, presentations and information on issues such as drug awareness, teen pregnancy, HIV /AIDS, STD's, educational field trips, leadership activities and pre- employment training. Casemanagers working full -time will invest time for preparation, coordination, and implementation of direct services. This also insures that all the sub - components such as parental involvement and community service are covered. After school activities will be coordinated and implemented directly by Casemanagers. b. Will your program offer incentives for participation? ❑ Yes ® No If yes, describe the types of incentives and how they will be used (Note: Please refer to the PEI policy on incentives). N/A c. Describe your plans to retain youth in the program and ensure youth complete the program. Describe how you will recover youth who stop attending services to return to the program. Communities In Schools Administration team will conduct periodic evaluations and a mid -year evaluation to assess its progress toward achieving its stated goals and objectives and achieving the desired results based on the established performance indicators of providing high quality opportunities for academic achievement. The results of these evaluations will be used to refine, improve, and strengthen the program or activity, and to refine the performance measures. CIS will revise programs if retention of program participants becomes an issue. Casemanagers will work closely with the youth and keep attendance records. When the youth discontinue coming, efforts will be made to contact them at home or in the classroom. Communication will be the key to connecting with the youth and offering them programs that appeal to them. It is with this one -on -one communication that we feel will limit retention issues. ill 18. Will this program use volunteers? ❑ Yes ® No If yes, describe the procedures for recruiting and screening volunteers and what criteria will be used to ensure they are a good fit to deliver the proposed services. N/A 19. Explain the tasks which will be assigned to volunteers (mentoring, tutoring, presenting), how they will be trained, supervised, and retained (once a month supervision is required per the RFP). N/A 20. If volunteers will serve as mentors, state the adult to youth ratio. N/A 21. Discuss potential barriers (e.g. transportation, child care, etc.) to providing services to program participants and how you will overcome those barriers. If transportation will not to be offered, identify the processes that are used to ensure that these factors are not obstacles to accessing services. Since CIS /CYD is site based, students are already at the schools we serve; therefore, transportation is not a factor. CIS has a long- standing relationship and partnership with CCISD Transportation Department and Regional Transportation Authority. An agreement has been established to coordinate transportation for field trips during the school year and summer programs. CIS has obtained insurance to cover the students participating in our program. During after school programs, students walk home, with parent permission, or the recreational leaders watch over students until parents pick them up. 22. Describe the "safe passage" plan for youth /families without transportation. Transportation will be provided by the Corpus Christi Independent School District for students participating in program activities offered by the CIS /CYD program to ensure that students travel safely to and from home each day. If students are able to walk home, the parent or legal guardian must give CIS written consent indicated on the CIS /CYD parent consent application that will be kept on file. In the fall of 2011, right before the program commences, CIS will host a fall meeting in both schools where all parents, students, and the community will be invited to attend. One of the goals of the Fall Family Meeting will be to educate neighbors on how to watch for youth in their neighborhood and play an active role in keeping them safe. This will provide additional safety to students who walk home from school or who are participating in after school activities. 23. Use the table below to describe the staffing plan, including the back- up staffing plan in the event of vacancies or extended absences. (What staff positions will work directly on the CYD contract and which position will supervise whom and provide coverage, if necessary). In case of staff vacancy /absence, the Project Coordinator will fulfill the duties of the staff. In the event of a vacancy with the Project Coordinator, other Coordinators from various schools will be pulled to MA fulfill the duties until the position is filled. Casemanager Responsible for maintaining the Gloria Taylor Project Coordinator CYD program at South Park MS Casemanager Responsible for maintaining the Gloria Taylor Project Coordinator CYD program at Hicks Elementary 24. Describe staff supervision and support. CIS has Personnel Policies, Standard Operating Procedures, Directives, and Memorandums in place to maintain the internal integrity of the agency. These policies are reviewed yearly by Management and Board Committees to make sure current state and federal guidelines are being followed. Attracting and maintaining educated and trained personnel is essential for CIS and this grant if children and families are to continue to succeed. It is imperative for our organization to be in compliance with changes in laws regarding hiring practices. Staff will be trained by the Project Coordinator in all aspects of the program and in the necessary documentation. Continual support and working as a team builds a strong staff commitment to the CIS /CYD mission and ensures success. The Project Coordinator will conduct job shadowing to assist new personnel in fully understanding the program. 25. Describe the use of sub - subcontractors, if any are used. Communities In Schools will not subcontract for services this fiscal year. 26. Describe the ratio of staff to youth served. CIS will maintain a ratio of 25 youth to 1 staff member during activities at the school. CIS will plan ahead and utilize approved volunteers, parents, and recreational leaders should the need arise for more supervision. 27. Describe the required position qualifications, including level of experience and education for all positions that work with the CYD program. The Project Coordinator will oversee the CIS /CYD program and work closely with Casemanagers in providing services. The Project Coordinator will monitor all aspects of the program and be responsible for the completion the CYD monthly status reports. The Project Coordinator has five years of experience with the CIS /CYD program and has demonstrated a clear knowledge of the program. This position will not be funded through CYD grant but will be an in -kind contribution. The Casemanager will be responsible for their campus only. They will prepare, coordinate, and implement direct services on their perspective campuses. Casemanagers have various year of experience with the program and have been trained in working with the youth they service and in the mission of the CYD grant. The minimum qualification for all casemanager positions is a Bachelors degree in a social service field and /or 5 years experience working as a casemanager. 28. Give a brief history of the organization in terms of the length of time it has been a youth service provider, and explain any gaps in service. If there is no history of the organization, then 18 Attachment xa— Plan ofOperation Communities In Schools of the Coastal Bend, 7841S CYD Program IM We M"IRMINUT9114MAUM Printed Name Date Attachment A -3 Program Requirements - FY2014 78415 Community Youth Development Plan changes. Plan changes to budgets and plan of operation are each limited to three during the fiscal year with the final plan change to be submitted no later than June 1. Any additional request for plan changes will require a waiver prior to requesting the change. All waiver requests must be submitted to the CYD Program Manager with the original signature of the contract's authorized signatory and must completely document specific compelling reasons for the request. Waiver requests must be submitted at least 30 days in advance of the anticipated plan change and are subject to DFPS's approval. Automated Background Checks. All staff and volunteers that work or will work on the contract are required to have background checks conducted through the Automated Background Check System (ABCS) who have contact with client or client information or if salary is reimbursed through the contract. It is assumed that staff including, but not limited to, Executive Directors and Chief Financial Officers will have access to clients or client records due to their oversight roles; therefore, require a cleared background check. Quarterly Reports and Corrective Action Plans. Each quarter the Subcontractor is required to submit a Quarterly Report no later than 30 days after the end of the first, second and third quarters. The Quarterly Report must include information on the program, how the subcontractor is performing and any corrective action plans that are required. At the end of the year the subcontractor is required to submit a Fourth Quarter /Annual Report that provides ongoing information regarding achievements and challenges in implementing the CYD program during the 4 h quarter and the full contract year. A corrective action plan must include a statement of the problem, proposed steps to be taken, timeline for each step, person(s) responsible for implementing each step, and person responsible for oversight of the plan to ensure it is implemented correctly. Corrective action plan /s must be submitted on the required template and must outline the measures that will be taken by subcontractor to address each performance measure that is off track. Program Services. Youth may not participate solely in one -time activities. If one -time activities are planned as a service, they should be an added value for youth already participating in other CYD Program Services and cannot be a stand -alone service. Direct service staff of the Subcontractor must be at least 18 years of age, have a High School Diploma or GED, and 1 year of experience in the health and human services field to include work with youth. Program Forms and Social Security Numbers. Contractors are required to complete all fields of the program form such as the registration form, in its entirety including the social security numbers field. If a client refuses to provide their social security number, contractors must document refusal in the case file. The expectation is that contractors make a good faith effort to obtain social security numbers and other information listed on the program form. Sections of the program registration forms that have an asterisk are required fields in the database; however, the expectation is that the form is completed thoroughly. All services provided in accordance with the Subcontractor's approved Plan of Operation must be tracked using the appropriate documentation forms. Service documentation must be complete, accurate and `11 maintained in an organized fashion. Subcontractor must maintain records in a manner which protects the confidentiality of the clients being served. Service documentation must include, but is not limited to: Sign -in sheets, particularly for group activities Monthly Service Tracking Forms Satisfaction Surveys Documentation may also include, if applicable: Service plans Referral logs Case notes, including phone logs, home visit notes, office visit notes, etc All services provided by subcontractor must have valid documentation that supports verification of participant attendance, such as sign -in sheets or attendance rolls, including a signature certifying the validity of the information, individual /group progress notes, materials /hand -outs used and additional documentation as appropriate to the program. Client files must include, at a minimum, the following forms completed: The DFPS Registration Form CYD Risk Factor Survey Pre - service Protective Factors Survey Post - service Protective Factors Survey Cost Reimbursements. Subcontractors must submit reimbursement requests by the 5th of each month The City nor DFPS is obligated to pay unauthorized costs or to pay more that Subcontractor's allowable and actually incurred costs consistent with federal and state regulations. The reimbursement made to Subcontractor will not exceed actual costs to provide the services under this Contract and Subcontractor's actual costs, both direct and indirect, must be allowable, reasonable, and allocable. Subcontractor must submit supplemental bills quarterly, (December 30, March 30, June 30 or September 30) to submit costs not included on the main monthly bill. Only one supplemental bill may be submitted for each month, so all additional costs must be included. Reallocation of Funds. Subcontractor agrees that if after careful review by the Fiscal Agent it does not appear that the subcontractor will utilize all funding by the end of the third quarter (April 30), the Subcontractor could lose uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction to Subcontractor's budget and give Subcontractor fourteen (14) calendar days to respond. If Subcontractor does not respond within fourteen (14) calendar days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within fourteen (14) calendar days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Controlled Assets. Subcontractors must complete an inventory list of any controlled assets (ex. computers, furniture, etc) purchased either in part or in full by DFPS funds using an inventory list form. A new inventory list will need to be submitted to the City during each contract renewal cycle. N Attachment B -1 — Budget Forms Budget for CYD Service Contracts Form 2030 Communities In Schools, 78415 CYD Program April 2010 Attachment -1 - Budget Forms `tea Summary Pagi SubContraaelor Communities In Schools of the Coastal Bend Contract Period 09/1/2013- 08/31/2014 Cost Category , Grand Total (IA) personnel - Salaries $58,810.00 (113) personnel - Fringe Benefits $9,543.00 Subtotal $68,353.00 (2) "Travel $2,121.40 (3) Materials, Supplies and CA $1,500.00 (4) Equipment. (11.endLease /purch $0.00 Subtotal $3,62.1.40 (5) Other Costs (list below) $10,329.60 Subtotal $10,329.60 Grand Total $82,304.00 Rio of Total 25.7 °r'u' Total estimated number of participants to bt served: 300-340 Total Cost per Youth $274-$242 Certified by GI is Taylor Title; Executive LXirec r Date. W. t `tea Attachment B -1 — Budget Forms Budget for CYD Service Contracts Communities In Schools, 78415 CYD Program Attachment B -1 Form 2030 April 2010 (1A) Personnel - Salaries Contractor Communities In Schools of the Coastal Bend Contract Period 09/1/2013- 08/31/2014 Position or Title A #Staff B tyg. Monthl Salary C %Time on contract) D #Months of Service E Total AxBxCxD Sr. Casemanager 1 $2,583.33 100.00% 12 $31,000.00 Casemanager 91 1 $2,317.50 100.00% 12 $27,810.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Salaries $58,810.00 For monitoring purposes, timesheets and payroll data must be kept on file. Costs not allowable if already being paid by other sources. 23 Attachment B -1 — Budget Forms Form 2030 Budget for CYD Service Contract Communities In Schools, 78415 CYD Program April 2010 Attachment B -1 (1B) Personnel - Fringe Benefits Contractor Communities In Schools of the Contract Period 09/1/2013- 08/31/2014 Type of Fringe Benefits A Total FICA $4,499.00 Worker's Compensation $547.00 Insurance $3,327.00 TUCA $1,170.00 Retirement $0.00 Total Fringe Benefits $9,543.00 For monitoring purposes, payroll data must be kept on file. Costs not allowable if already being aid by other sources. 24 Attachment B -1 — Budget Forms Form 2030 Budget for CYD Service Contracts Communities In Schools, 78415 CYD Program April 2010 Attachment B -1 (2) Travel Contractor Communities In Schools of the Coas Contract Period 09/1/2013- 08/31/2014 Type of Travel Expense (mileage /food /lodging etc.) A Total Travel - Local $750.00 Travel - Out of Town $300.00 Travel - Hotel $596.70 Travel - Hotel Taxes 17% $86.70 Travel - Per Diem $288.00 Travel - Parking $100.00 Total Travel $2,121.40 For monitoring purposes, receipts and other detailed records must be kept on file. Costs not allowable if already being aid by other sources. `M Attachment B -1 — Budget Forms Form 2030 Budget for CYD Service Contract Communities In Schools, 78415 CYD Program April 2010 Attachment B -1 (3) Materials, Supplies and Controlled Assets Contractor Communities In Schools of the Coastal Ben Contract Period 09/1/2013- 08/31/2014 Materials, Supplies and Controlled Assets (description and basis of cost) A Total Materials & Supplies $500.00 Program Supplies $500.00 Summer Program Supplies $500.00 Total Materials and Supplies $1,500.00 For monitoring purposes, receipts and other detailed records must be kept on file. Costs not allowable if already being aid by other sources. U1 Attachment B -1 — Budget Forms Budget for CYD Service Contracts Communities In Schools, 78415 CYD Program Attachment B -1 Form 2030 April 2010 (4) Equipment Contractor Communities In Schools of the Coas Contract Period 091112013- 0813112014 Equipment (description and basis of cost) A Total Method Used (rent4ease/buy) Copier Leases $0.00 Lease Returning of Copier at End of Lease $0.00 Total Equipment $0.00 For monitoring purposes, receipts and other detailed records must be kept on file. All equipment must be tagged and numbered. Costs not allowable if already being aid by other sources. MA Attachment B -1 — Budget Forms Budget for CYD Service Contracts Communities In Schools, 78415 CYD Program Attachment B -1 Form 2030 April 2010 ( 5) Other Costs Contractor Communities In Schools of the Coastal Be Contract Period 09/1/2013- 08/31/2014 Other Costs description and basis of cost A Total Registration $600.00 Insurance - Students $318.00 Transportation $0.00 Snack/Food Provisions $1,211.60 RIS - General Contract Labor $8,200.00 1 Total Other $10,329.60 For monitoring purposes, receipts and other detailed records must be kept on file. Costs not allowable if already being aid by other sources. 28 SUBCONTRACTOR: Communities In Schools of the Coastal Bend Request No. CONTRACT PERIOD: 9/01/2013 to 8/31/2014 Reporting Month TITLE: Community Youth Development Program ATTACHMENT B -2 BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST (1) - (2) *City Use Amount % (1) YTD % (2) YTD Amount Only Budgeted of Budget Expended Expended Invoiced Requested* Amnt. Paid Personnel -Salaries CaseManager #1 $ 31,000.00 38% $ 0% $ $ CaseManager #2 27,810.00 34% 0% TOTAL 58,810.00 71% 0% Personnel - Fringe FICA 4,499.00 5% 0% Worker's Compensation 547.00 1% 0% Insurance 3,327.00 4% 0% TUCA 1,170.00 1% 0% TOTAL 9,543.00 12% 0% Personnel - Travel Local Travel 750.00 1% 0% Travel Out of Town 300.00 0% 0% Lodging 683.40 1% 0% Per diem 288.00 0% 0% Parking 100.00 0% 0% TOTAL 2,121.40 3% 0% Materials and Supplies Materials & Supplies 500.00 1% 0% Program Supplies 500.00 1% 0% Summer Program Supplies 500.00 1% 0% TOTAL 1,500.00 2% 0% Equipment Copier Leases - 0% #DIV /0! TOTAL - #DIV /0! Other Costs Registation 600.00 1% 0% Insurance- Students 318.00 0% 0% Transportation - 0% #DIV /0! Food & Snacks 1,211.60 1% 0% Contract Labor 8,200.00 10% 0% TOTAL 10,329.60 13% 0% TOTAL $ 82,304.00 100% $ 0% $ $ * Amounts expended cannot exceed amount budgeted. I certify that the expenditures shown above are true and that supporting documentation is attached to substantiate them. Subcontractor's Authorized Signature Date Payment Authorization Signature Date PIN Attachment B -3 Budget Narrative (1a) PERSONNEL —SALARIES - $58,81 Salaries reflect the projected estimated salary for staff for FY 2013/2014. The Sr. Casemanager will be responsible for the completion of the CYD monthly Status Reports and submitting them on a timely basis. The Casemanager will also participate in the completion of monthly documentation and submit to Sr. Casemanager for review. The Casemanagers will be responsible for their campus only. They will prepare, coordinate, and implement direct services. All staff will work as a team to provide direct services and ensure the success of the students and their families. All staff is responsible for doing home visits on a regular basis. All CYD staff is 100% cost allocated to the program. (1b) PERSONNEL - FRINGE BENEFITS $9,543 Fringe benefits include FICA at the rate of 7.65 %, SUTA at the rate of 6.5 %, Worker's Comp at the rate of $0.93 %; insurance at $275 per employee per month, retirement at 3% of gross salary after 2 (two) years of employment. 1b) Personnel — Fringe Benefits (Employer's Share) (1c) PERSONNEL —TRAVEL ,03 .7 Travel — Local - $750 Travel mileage will cover approximately 150 miles per month for 12 months for 2 staff at approximately $0.50per mile (the agency's approved rate per mile) for home visits, meetings, picking up CYD supplies. Travel — Out of Town - $300 Staff to attend Workshop in Austin Travel — Hotel - $596.70 Approximately $85 per night for 3 nights for 2 staff to attend workshop in Austin. Travel — Hotel Taxes — $86.70 Approximately 17% allowable tax rate 19111 Fringe Benefits Based on (1a) Salaries Paid* FY 2014 FICA/MEDICARE (7.65 %) 4,499 TUCA (6.5 %) $9,000 per employee (2 empl at $9,000 = $18,000 X6.5 % = $1,170 1,170 Workers Compensation (Total Salaries X 0.93 %) 547 Insurance ($275 a month per employee for 1 staff and 1 staff only enrolls in life $2.25 a month 3,327 Retirement (3% after two (2) years of employment): 0 *Fringe benefits include FICA, SUTA, Retirement, Insurance, and Workers Compensation TOTAL FRINGE BENEFITS $9,543 (1c) PERSONNEL —TRAVEL ,03 .7 Travel — Local - $750 Travel mileage will cover approximately 150 miles per month for 12 months for 2 staff at approximately $0.50per mile (the agency's approved rate per mile) for home visits, meetings, picking up CYD supplies. Travel — Out of Town - $300 Staff to attend Workshop in Austin Travel — Hotel - $596.70 Approximately $85 per night for 3 nights for 2 staff to attend workshop in Austin. Travel — Hotel Taxes — $86.70 Approximately 17% allowable tax rate 19111 Travel — Per Diem - $288 Approximately $36 per day for 4 days for 2 staff to attend workshop in Austin. Travel - $100 — Parking approximately $25 per day for 4 days to attend workshop in Austin. () SUPPLIES — $1 Office Supplies - $500 $250 per site X 2 sites Routine office supplies for staff such as but not limited to: copy paper, pens, pencils, note pads, printer cartridges, diskettes, markers, binders, adding machine tape, blank video tapes, cassette tapes, publishing programs software, graphics programs software, art and crafts supplies. Consumable supplies are for T- shirts, uniforms, costumes, and other consumable supply needs for students. Consumable supplies also include any article, items, or equipment costing not sufficiently enough to be considered major equipment items and having a useful life expectancy of less than two (2) years, and other consumable supplies. School Supplies - $500 $250 /yr per staff X 2 staff School supplies for students such as but not limited to writing tablets, notebook paper, pens, pencils, pocket folders, scissors, glue, construction paper, supplies for student's use in mentoring and /or activities and any other supplies needed for the student. Summer Program - $500 To purchase supplies such as but not limited to arts & crafts, models, sewing kits and any other supplies needed for the summer program. (3) EQUIPMENT ® $0.00 Includes the cost of leasing of a copier at approximately $190.50 /month for 9 months_ Lease terminates in May, 2014 and need to return copy machine. The cost to return copy machine is approximately. OTHER Insurance - $318 A rate is not determined until year -end. A premium is paid in advance and the difference is paid after more accurate and /or actual numbers of students and activities can be determined and /or estimated. Telephone - $0.00 Cost for a telephone line, fax services, and 6 telephone /walkie- talkie plans for employees to use at all times for communication. Other communication expenses could include items such as e -mail, or any other unforeseeable means of allowable communication cost. Bus Transportation — $0.00 1911 Generally CIS maximizes its financial resources by utilizing CCISD bus transportation system, which is the best value. However, if at any time CCISD bus transportation cannot accommodate, CIS will utilize other alternative transportation system. CCISD bus transportation is used for education field trips for CYD youths during school year and especially during the Summer Program. Snack/lunch provisions - $1,211.60 Cost for healthy snacks provided to CYD youths. Healthy snacks are provided for before and after school activities and projects to all CYD registered participants. Recognition Incentives, and Scholarships - $0.00 Cost pays for youth registration fees, entry fees, awards, trophies, certificates, scholarships, and other cost for participants in activities such as but not limited to softball, baseball, kickball, football, basketball, bowling, miniature golf, museums, twirling, cheerleading, ballet, jazz, ballet folklorico dancing, guitar, entry fees for educational institution such as NASA, skating, bowling, museums and any other form of life enhancing recognition, incentive, and /or scholarships, and other recognitions for CYD youths to participate in such activities. Registration - $600 Registration for workshops or trainings recommended by grant. Contract Labor - $8,200 $800 X 9 months = $7,200 $1,000 Summer Program To assist Sr. Case Manager throughout the year with CYD participants and their projects. Duties will include but not limited to assist in preparing for group projects, issuing snacks, distribute school supplies, Christmas Around the World event, Easter Celebration and Annual Summer Program. Ky, Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Development Program Contracts) Parties. For the purposes of this document, the Texas Department of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. "Communities In Schools, Corpus Christi, Inc. "will hereinafter be referred to as the Subcontractor. The Community Youth Development Program will hereinafter be referred to as CYD Program. SECTION 1. LEGAL AUTHORITY Subcontractor assures and guarantees that it possesses the legal authority to enter into this Contract, to receive the funds authorized by this Contract, and to perform the services Subcontractor has obligated itself to perform under this Contract. The person signing this Contract on behalf of Subcontractor hereby warrants that he /she has been fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor and to validly and legally bind the Subcontractor to all the terms, performances, and provisions herein set forth. Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Subcontractor further agrees to cooperate fully with the State Auditor's Office or its successor, including providing all records requested. Subcontractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subcontractor and the requirements to cooperate is included in any subcontract it awards. The Subcontractor agrees to be in compliance with all applicable Federal, State and local laws, including but not limited to, the following: 45 Code of Federal Regulations ( "CFR ") Part 74, Office of Management and Budget ( "OMB ") Circulars A -133, A -110, A -21, A -87 and A -122 as applicable, the Uniform Grant Management Standards (UGMS) as applicable and 40 Texas Administrative Code ( "TAC ") 732.240 -256 as applicable and amended. In the event of any conflict or contradiction between or among the regulations referenced in this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92, OMB Circulars A -87, A -122, A -110, and 40 TAC 732.240 -256. SECTION 2. INDEPENDENT CONTRACTOR It is expressly understood and agreed that the Fiscal Agent is contracting with Subcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as making Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely responsible for employee payrolls and claims arising therefrom. SECTION 3. FINANCIAL LIMITATIONS AND CONSIDERATIONS A. This Contract is at all times contingent upon the availability and receipt of State or Federal funds that has been allocated to the Fiscal Agent of this Contract and, if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent. B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each service rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Fiscal Agent. If program income accrues, the Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual costs incurred for services rendered under this Contract. In no event shall payments exceed the total 33 budgeted amount as originally approved in this Contract or as subsequently amended by both parties. C. The basis for payment for services rendered under this Contract is indicated in the service terms in the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent. The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than the Subcontractor's allowable and actually incurred costs consistent with Federal and State regulations. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been incurred and have been paid by the Subcontractor. Costs should be billed to the month in which they were incurred, either on the primary billing voucher for that month or on a supplemental billing, if they are not paid in time to include them on the primary voucher. Costs should not be billed to the Fiscal Agent if they have not yet been paid. D. Payment for services rendered under this Contract will be made in accordance with the documentation outlined in the Budget Information Summary and Reimbursement Request, as set out in Attachment B -2 to this Contract. Payment shall be authorized only upon the submittal of an appropriate invoice and supporting documentation to the Fiscal Agent. E. Funds under this Contract cannot be earned prior to the first day nor after the last day of the Contract Period. F. The Fiscal Agent shall not be liable to Subcontractor for any charges under this Contract which exceed the total funding amount specified. G. All funds unearned or unexpended in the performance of this Contract shall be retained by the Department. H. The Subcontractor is responsible for submitting bills in an accurate and timely manner by the 5th day following the month in which services are provided. The Fiscal Agent will make reasonable efforts to process all bills received in an accurate and timely manner but does not warrant immediate payment. Reimbursements to Subcontractor will be paid by the Fiscal Agent when payment is received from the Department. I. The Subcontractor understands and agrees that prior written approval must be secured: For transfers between line items for any dollar amount. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved; When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expense /cost. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a total bill each month in the format prescribed by the Fiscal Agent and shall accept as payment in full the Contracted unit rate reduced by an amount equivalent to the required percentage of certified local resources as applicable. 34 K. Buy Texas. In accordance with Texas Government Code § 2155.4441, the State of Texas requires that during the performace of a contract for services, Contractor will purchase products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the state. SECTION 4. LIABILITY FOR REPAYMENT A. All payments under this Contract are subject to audit by the Department and the Fiscal Agent. Subcontractor shall assume liability for repayment of funds disbursed where such disbursement is subsequently determined to be improper or unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for repayment of disallowed costs with non - Federal funds. Repayment of such funds to the Fiscal Agent shall be in accordance with the Prompt Payment Act. Subcontractor shall also repay to the Fiscal Agent any funds found to have been paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. SECTION 5. CHANGES AND AMENDMENTS The Subcontractor agrees to notify the Fiscal Agent immediately of any significant change affecting the Subcontractor including, but not limited to, change of Subcontractor's name or identity, ownership or control, governing board membership, personnel, or payee identification number. Subcontractor shall provide notice in writing to Fiscal Agent within ten (10) working days of change. No changes or amendments to this Contract shall be made except in writing and signed by both parties hereto, unless such change is in the form of a written notice of modification or directive issued by the Fiscal Agent as described below. A. The Fiscal Agent may give a notice of modification or directive in the event any alterations, deletions, or additions are required due to changes in Federal or State laws or regulations applicable to CYD programs, which changes shall take effect automatically upon the effective date of such Federal or State laws or regulations. B. The Fiscal Agent may give a notice of modification or directive to reduce the level of funding under the Contract in the event of a reduction of funding to the Fiscal Agent under any Federal, State or local program. C. The Fiscal Agent may issue a policy directive that shall have the effect of establishing, interpreting, clarifying or qualifying the terms of this Contract. Such policy directives may not alter the terms of this Contract in order to relieve the Fiscal Agent of any obligation to pay for performance rendered or costs incurred by Subcontractor prior to the date of such directive. D The Fiscal Agent may give a notice of modification to increase the amount of funds available under this Contract if such funds become available and it is in the best interest of the Fiscal Agent to do so without the solicitation of additional proposals. SECTION 6. ACCOUNTING REQUIREMENTS The Subcontractor agrees to adhere to Generally Accepted Accounting Principles promulgated by the American Institute of Certified Public Accountants and to follow Fiscal Agent and Department fiscal management policies and procedures in submitting timely billing and maintaining financial records required to be kept under this Contract. 1911 SECTION 7. RECORD KEEPING /REPORTING REQUIREMENTS A. The Subcontractor agrees to submit service delivery reports required by this Contract, self - evaluations of performance, and other reports requested by the Fiscal Agent or Department in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Fiscal Agent, the Department, the U.S. Department of Health and Human Services ( "DHHS "), or their authorized representatives. B. The Subcontractor agrees to maintain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, and other records pertinent to claims submitted during the Contract Period for a minimum of five (5) years after the termination of the Contract Period, or for five (5) years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five (5) year period expires, the Subcontractor will keep the records and documents for not less than five years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the Department/Fiscal Agent and the Subcontractor. Contract Period means the beginning date through the ending date specified in the original Contract; extensions are considered to be separate Contract periods. C. Subcontractor shall complete and submit all necessary data on participants enrolled in its program and must do so according to instructions and definitions prescribed by the Department and the Fiscal Agent. D. Failure to submit required reports to the Fiscal Agent may result in withholding by the Fiscal Agent of any payments otherwise due until such time as the Subcontractor meets the delinquent obligations. D. Subcontractor shall submit a self - evaluation report within 30 days following the end of the Contract Period. The self - evaluation report should address the accomplishments of the program /services, the effectiveness of the services provided, and the attainment of output measures, evidence -based performance measures and program goals listed in this Contract. SECTION 8. SUBCONTRACTING A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written approval of the Fiscal Agent, which includes full disclosure of the particulars of such agreement and special assurances that such third party shall comply with all provisions of the governing laws, the terms and conditions of this Contract, State of Texas policies, Federal regulations and Fiscal Agent policies, including the qualifications of the Subcontractor to perform and meet standards of this Contract and the Community Youth Development Plan of Operation. A non - governmental Subcontractor shall assume full liability for any third party actions and shall hold harmless the Fiscal Agent, the Department, and the State of Texas from the actions of any third party. Failure by a non - governmental Subcontractor to inform the Fiscal Agent of the intent to involve any third party shall relieve the Fiscal Agent, the Department, and the State of Texas of any and all liability and may result in initiation of procedures to terminate this Contract, among other remedies that Fiscal Agent or Department may be entitled to seek. The Fiscal Agent shall not be obligated or liable under this Contract to any party other than Subcontractor for payment of any monies or for provisions of any goods or services unless the Fiscal Agent in writing specifically agrees to such liability. B. The Subcontractor further agrees to provide statements from Sub - subcontractors signed by an KZy official duly authorized to legally obligate the Sub - subcontractor and attest to the fact that it shall provide the services as represented in this Contract, including the incorporated documents, with no disruption to service delivery. A similar statement must be signed by each Sub - subcontractor who will provide services as part of this Contract. Each Sub - subcontractor may be required to submit ownership information and other information related to this Contract. The Subcontractor must disclose to Fiscal Agent any and all information regarding the Sub - subcontractors as it pertains to this Contract, during the Contract Period. C. Subcontractor shall have protest procedures in place to handle and resolve disputes relating to its procurement. D. Any of the work or services specified in this Contract which shall be performed by other than Subcontractor shall be evidenced by a written Contract specifying the terms and conditions of such performance. Subcontractor shall maintain and adhere to an appropriate system, consistent with Federal, State, and local law, for the award and monitoring of Contracts which contain acceptable standards for ensuring accountability. E. Subcontractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this Contract as if the performances rendered were rendered by Subcontractor. SECTION 9. PUBLICITY The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the Fiscal Agent and Department in all of its literature that describes services covered by this Contract. This notice will also appear in the Subcontractor's annual financial report, if any is issued. Additionally, the Subcontractor agrees to the following: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with CYD Program funds, Subcontractor shall state the percentage of the total costs of the program or project which will be financed with those CYD Program funds. B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding source in all oral representations, written documents, publicity and advertisements regarding any CYD activities. Wording shall be as follows: A Program Funded through the City of Corpus Christi by the Texas Department of Family and Protective Services. C. Subcontractor shall not publish or cause to have published the results of its function and participation in the program activity without prior review and approval by the Fiscal Agent and Department. SECTION 10. TECHNICAL ASSISTANCE A. The Fiscal Agent will provide a central information system for complete information on each participant and will maintain a central communication system for the proper and timely disbursement of information and resource documents. The Fiscal Agent will provide technical assistance found to be needed through performance reviews or monitoring reports. B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions to assist in the administration of this Contract. Subcontractor shall ensure the attendance of its director or other specified personnel at such meetings. K3M SECTION 11. MONITORING AND ASSESSMENT A. The Subcontractor agrees to provide services in accordance with the provisions of this Contract and to allow the Fiscal Agent and Department, and their representatives, to monitor, audit, evaluate, and otherwise review the services provided and related documentation. B. The Subcontractor agrees to cooperate fully in any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to services rendered by the Subcontractor which may be conducted by the Fiscal Agent, the Department or DHHS, or their authorized representatives; and to be responsible for any audit exception or other payment irregularity regarding this Contract or subcontracts, which may be found after review by the Fiscal Agent, the Department or DHHS; and to be responsible for the timely and proper collection and reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper billing amount. C. Representatives of the Fiscal Agent and Department may periodically, without advance notice, monitor Subcontractor for compliance, financial management and performance of the terms and conditions of this Contract. The monitoring process will include an analysis of program data provided by the Subcontractor to assess the performance of this Contract and the quality of services. Monitoring shall include review of results of criminal background checks and affidavits required under this Contract of all Subcontractor employees or volunteers in direct client contact. D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all findings and recommended corrective actions, if applicable, to Subcontractor. E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal Agent within thirty (30) calendar days after receipt of the monitoring report with all corrective actions planned or taken and specific detailed procedures and actions initiated to preclude any recurrence of the practices, discrepancies, and irregularities identified in the monitoring report. F. The Fiscal Agent or Department, as may be applicable, upon receipt of Subcontractor's written response to the monitoring report, shall evaluate the corrective action plan and determine whether the corrective action plan shall be undertaken, whether an alternative plan is needed, or whether the goals or standards need to be modified. Regardless of the course of action taken, the Fiscal Agent shall ensure that positive actions, procedures, and practices are initiated to preclude recurrence or non - compliance. Upon written request, the Fiscal Agent shall provide technical assistance to Subcontractor in correcting the deficiencies noted. Fiscal Agent shall conduct follow - up visits to review pending deficiencies and to assess the efforts made to correct them. If such deficiencies persist, Fiscal Agent may withhold funds and move to terminate this Contract in accordance with Section 33. G. All such corrective actions shall remain open pending completion and issuance of a written statement of closure by the Fiscal Agent or Department, as applicable. SECTION 12. PROPERTY A. The Subcontractor agrees to assume responsibility for the protection of all physical property and equipment used at facilities being maintained to carry out this Contract and take appropriate measures to meet this obligation. All such property will be adequately safeguarded against vandalism, loss, damage, or theft. Subcontractor must acquire and maintain property insurance for any and all equipment purchased with CYD Program funds. The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case of theft, or suspected theft, within twenty -four (24) hours of discovery. Any missing, damaged, or destroyed property will be reported immediately in writing to the Fiscal Agent and the Department and will include the circumstances 38 concerning the loss. An investigation shall be conducted by the Subcontractor to determine the cause, and the results shall be reported in writing to Fiscal Agent and the Department. Any property missing, damaged or destroyed shall be replaced by the Subcontractor, at Subcontractor's own expense. In addition, in the event of any theft, vandalism, or other offense against the property or equipment, the Subcontractor shall notify the appropriate local law enforcement authorities. B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding the return to the Department of any equipment bought under this Contract with funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor agrees that it will not give any security interest, lien, or otherwise encumber any item of equipment purchased with Contract funds. The Subcontractor agrees to permanently identify all equipment with appropriate tags or labels affixed to the equipment and to maintain a current inventory record of the equipment which must be made available to the Fiscal Agent and the Department upon request. C. The property shall be maintained in good condition at all times. Unless waived by the Fiscal Agent and Department, all maintenance and repair costs associated with any property shall be borne by the Subcontractor. All property must be returned to original condition, except for normal wear and tear, prior to return of the property to the Fiscal Agent. SECTION 13. TAXES The Fiscal Agent and the Department will not be liable for Federal, State, or local excise taxes incurred by or assessed against Subcontractor. The Subcontractor must be able to demonstrate on -site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of Internal Revenue Service Form W -2s to common law employees. The Subcontractor is responsible for both Federal and State unemployment insurance coverage and standard workers' compensation insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment or workers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and State tax laws and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay to the Fiscal Agent or Department all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. SECTION 14. DISPUTES The Fiscal Agent is responsible for hearing any grievances, including disputes, claims or protests, arising out of the administration and operations of programs funded under CYD Program. Non - discrimination complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information Form within 365 days of the action complained of. Non - discrimination complaints that do not allege a violation of the CYD Program may be initiated by filing a Grievance Information Form within 30 days of the action complained of. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. SECTION 15. INDEPENDENT AUDIT The Subcontractor agrees to submit an annual financial and compliance audit of the Subcontractor's fiscal year -end in accordance with the Single Audit requirements of OMB Circular A -133 (Audits of State, Local Government, and Non - Profit Organizations). A. Subcontractor understands and agrees that it shall be liable for all costs associated with said audit. B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for any costs disallowed as a result of said audit in accordance with the "Liability for Repayment" provisions of 1911] this Contract, as set out in Section 4 of these Standard Terms and Conditions. C. The Fiscal Agent and Department reserve the right to conduct an independent audit of all funds received under this Contract. The audit may be performed by the Fiscal Agent, a certified public accounting firm, or other auditors as designated by the Fiscal Agent or the Department. Such audit will be conducted in accordance with applicable professional standards and practices. D. In the event a final audit has not been performed prior to termination of this Contract, the Fiscal Agent shall retain the right to recover funds after fully considering the recommendations on disallowed costs resulting from such final audit. E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub - Subcontractors shall immediately report to the Fiscal Agent and the Department any incidents of fraud, abuse, or other criminal activity in the relation to the provisions of this Contract or applicable State Regulations. SECTION 16. PREVENTION OF CONFLICTING INTERESTS A. Every reasonable course of action shall be taken by the Subcontractor to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manner, free from personal, financial, or political gain. Subcontractor, its executive staff, and employees, in administering this Contract, shall avoid situations that give an appearance or suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. B. No member, officer, agent, or employee of the Fiscal Agent or the Department who exercises any functions or responsibilities in the review or the approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects his /her financial interest. C. Executives and employees of Subcontractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shall exercise due diligence to avoid situations which give rise to an appearance or assertion that favorable treatment is being granted by friends and associates who are also members, officers, agents, or employees of the Fiscal Agent or the Department. A permanent record of any transaction involving a Subcontractor who is also a friend or associate of a member, officer, agent, or employee of the Fiscal Agent or the Department shall be retained when it is in the public interest for the Fiscal Agent or the Department to conduct business with such person. D. Members, officers, agents, and employees of the Fiscal Agent or the Department and elected officials shall not solicit nor accept money or any other consideration from Subcontractor or any other third person for the performance of an act reimbursed in whole or in part by the Fiscal Agent or the Department. Supplies, materials, equipment, or services purchased with Contract funds shall be used solely for the purposes allowed under this Contract. No member of the Fiscal Agent or the Department shall cast a vote on the provision of services by that member or by any organization which that member represents or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. SECTION 17. FRAUD AND ABUSE PREVENTION A. Subcontractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for proper and effective management and the prevention of fraud and abuse in all activities funded under this Contract. tIQ B. Failure on the part of Subcontractor to comply with the provisions of this Contract or with the Department, or applicable regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds and termination of this Contract for cause. C. Subcontractor shall ensure diligence in maintaining programs under this Contract including the carrying out of appropriate monitoring activities and in taking immediate corrective action against known violations of Department regulations. D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the fastest means available, upon discovery of any incident of fraud, or suspected fraud, involving this program. SECTION 18. INDEMNIFICATION The Subcontractor shall indemnify and hold harmless the Fiscal Agent and the Department, their officers, agents, representatives, and employees, from and against any and all claims or losses for physical damage to property or injury to persons resulting from negligence, misconduct, or any act or omission on the part of the Subcontractor, its officers, agents, employees, representatives, or Sub - subcontractors. In the event of loss, damage, or destruction of any property due to the negligence, misconduct, act or omission of the Subcontractor, the Subcontractor shall indemnify and pay full cost of repair, reconstruction, or replacement, at the discretion of the Fiscal Agent and Department. Such cost shall be due and payable by the Subcontractor within ten (10) calendar days after the date of receipt of written notice from the Fiscal Agent or Department of the amount due. The State of Texas, Department, and Fiscal Agent, and their respective employees, officers, agents, and representatives can neither agree to hold the Subcontractor harmless nor agree to indemnify the Subcontractor and any provisions to the contrary are void. SECTION 19. SECTARIAN INVOLVEMENT PROHIBITED Subcontractor shall ensure that no funds under this Contract shall be used directly or indirectly in the support of any religious or anti - religious activity, worship, or instruction. SECTION 20. POLITICAL ACTIVITY /LOBBYING The Subcontractor will not use any funding under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. No funds provided under this Contract may be used in any way to influence or attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress or for lobbying with State or local legislators. Subcontractor shall comply with the requirements of New Restrictions on Lobbying imposed by 29 CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55, No. 116, dated June 15, 1990, and codified at 31 United States Code ( "USC ") 1352, as amended. Subcontractor shall comply with the certification and disclosure requirements in Attachment F to this Contract. SECTION 21. NON - DISCRIMINATION AND EQUAL OPPORTUNITY A. Subcontractor shall comply with all applicable Federal and State regulations and with Department policies and procedures regarding services delivered under this Contract including, but not limited to, the following: 1. Title VI of the Civil Rights Act 1962 (Public Law 88 -352) Section 504 of the Rehabilitation Act of 1973 (Public Law 93 -112) Americans with Disabilities Act of 1990 (Public Law 101 -336) Age Discrimination Act of 1975 [s Title IX of Education Amendments of 1972 Food Stamp Act of 1977; and The HHS agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. and all amendments to each, and all requirements imposed by the regulations issued pursuant to these Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code, as amended. These laws provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, physical /mental disability, drug or alcohol abuse or alcoholism, political beliefs, or religion be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding or otherwise be subjected to discrimination; 2. Texas Health and Safety Code, Section 85.113, as amended, relating to workplace and confidentiality guidelines regarding AIDS and HIV; Immigration Reform and Control Act of 1986, as amended, regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this Contract; 4. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable Federal and State laws, rules, and regulations. This provision does not limit the Fiscal Agent's or the Department's right of access to client case files or other information relating to clients served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6. If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. 8. Comply with Federal ,State and local licensing and certification requirements, health and safety standards, and regulations prescribed by the DHHS and TDPRS; 9. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 USC 7401 et seq., as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended; M 10. Immediately remove any agent, officer, employee, representative, or volunteer from direct client contact who is alleged to have committed child abuse, neglect, or exploitation, or an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code, as amended, or an offense under the Texas Controlled Substances Act. If it is determined that the employee or volunteer has not committed such offenses, the employee or volunteer may again be assigned to direct client contact; provided however, the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten (10) working days prior to the reassignment. The Subcontractor must provide the Fiscal Agent and the Department with further information concerning the reasons for the reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses listed in this paragraph, the employee or volunteer shall not be reassigned to duties involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemeanor charges; 11. Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations and Federal circulars, as amended; 12. Allow any of Subcontractor's employees to testify in judicial proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94 -163), as amended. B. The Subcontractor shall have written participant and employee grievance procedures consistent with applicable Federal and State requirements. The Subcontractor shall establish and maintain complaint procedures to resolve all complaints arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this Contract, Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty (30) percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutilized or disadvantaged businesses. SECTION 22. REPORTING ABUSE, NEGLECT, OR EXPLOITATION. Subcontractor will promptly report any suspected case of abuse, neglect, or exploitation to the appropriate authority as required by the Texas Family code, Chapter 261. All reports must be made within twenty -four (24) hours of the discovery of abuse, neglect, or exploitation. SECTION 23. HEALTH AND SAFETY STANDARDS Health and safety standards established under Federal, State and local laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such participants. 43 SECTION 24. INSURANCE A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shall be provided for direct delivery of protective services and other services under this Contract. The Subcontractor shall obtain and furnish proof of the following bonding and insurance coverage within forty -eight (48) hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1. Dishonesty bonding under a commercial crime policy or business services bonding, at a $10,000.00 minimum or up to the Contract amount, whichever is greater; 2. Commercial General Liability Coverage at a five hundred thousand dollar ($500,000) minimum for each occurrence limit and one million dollars ($1,000,000) minimum aggregate limit. The Fiscal Agent and Department shall be provided with at least 30 days notice of policy or bond cancellation, intent to not renew, or material change in the policy or bond; 3. Automobile liability insurance in the broad form, applicable if Subcontractor uses an automobile, whether owned, leased, or non -owned in conducting its performance under this Contract, is required which shall have a minimum required coverage of $500,000 combined single limit. In the event Subcontractor requires its employees, trainees, volunteers, or other agents to utilize their own automobiles in the performance of this Contract, Subcontractor shall secure and maintain on file from all such persons a self - certification of such coverage; and 4. Workers' compensation and adequate on -site medical and accident insurance shall be required for all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations serving as employers of record for any participant, whether that organization is the Subcontractor or a third party; on -site medical and accident insurance shall be required for all non -work setting and classroom training activities for participants not qualifying as employees under the workers' compensation laws. Participants who are employees must be given comparable benefits afforded by the employer to other employees of similar standing in the employer's workforce. B. All coverage must be with insurance companies or carriers rated for financial purposes "A" or better whose policies cover risks located in the State of Texas. All bonds, policies, and coverage described above shall be maintained during the entire term of Contract awarded. Lapse of any coverage or bond required herein shall be considered breach of Contract and Contract awarded shall be immediately cancelled. C. The Department may waive all or part of these insurance requirements at its discretion. D. When Subcontractor is a governmental entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, as set out above, but shall also be subject to the indemnification provisions contained in Section 19 (Indemnification) of these Standard Terms and Conditions. E. The Fiscal Agent shall be named as a Certificate Holder on all policies named above and such coverage shall not be canceled or materially changed unless, 30 days prior to the effective date, a written notice is sent to the Fiscal Agent at the address specified in this Contract. Unless waived by the Fiscal Agent, the Fiscal Agent shall not be responsible for the payment of premiums or assessments on such policies. 44 SECTION 25. DEBARMENT AND SUSPENSION A. The Subcontractor shall comply with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, as amended, and, in so doing, provide to the Fiscal Agent and the Department, upon Subcontractor's signature and execution of this Contract and prior to Fiscal Agent's execution of this Contract, a certification bearing the following statement: Subcontractor certifies that 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 department or agency. A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent. B. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. Subcontractor shall require the same certification from its subcontractors, which shall be forwarded to Fiscal Agent along with the request for Sub - subcontractor approval as required by Section 8 (Subcontracting) of these Standard Terms and Conditions. SECTION 26. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT A. In developing, copying, and disseminating reports or other information under this Contract, the Subcontractor agrees to the following: Grant to the Department the right to copyright, use, reproduce, and distribute any material written or produced by the Subcontractor that is the subject of this Contract; and 2. Defend any claims, suits, or proceedings brought against the State of Texas, the Department or the Fiscal Agent on the issue of infringement of any copyright by any product, or any product part, supplied by the Subcontractor to the Fiscal Agent or Department under this Contract. The Subcontractor will pay, subject to limitations specified in this section, any final judgment entered against the State of Texas, the Department, or the Fiscal Agent on this issue in any suit or proceeding defended by the Subcontractor. The Subcontractor will be relieved of this obligation if, within 30 days after the Fiscal Agent and Department receive notice, the Fiscal Agent or Department fails to notify the Subcontractor in writing of any claim, suit, or proceeding and, at the Subcontractor's expense, give the Subcontractor all information needed to defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney General of Texas. B. With respect to any invention resulting from this Contract, the Fiscal Agent and the Department have a nonexclusive, non - transferable, irrevocable, paid -up license to practice or have practiced the subject invention throughout the world. C. The Subcontractor shall report to the Fiscal Agent and the Department within 30 days and in reasonable written detail each notice or claim of patent or copyright infringement based on the performance of this Contract of which the Subcontractor has knowledge. D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed under this Contract, the Subcontractor shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information at the expense of the Fiscal Agent or the Department except where the Subcontractor has agreed to indemnify the Fiscal Agent or the Department. C1.1 E. The Subcontractor agrees to include, and require inclusion of, this clause in all subcontracts at any tier for supplies or services expected to exceed $15,000. SECTION 27. DISCLOSURE OF CONFIDENTIAL INFORMATION Subcontractor agrees to maintain the confidentiality of any information regarding applicants, program participants, and their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information may be disclosed only as necessary for purposes related to the performance or evaluation of this Contract and to persons having responsibilities under this Contract. However, Subcontractor's information may be subject to required public disclosure under the Texas Public Information Act. Chapter 552 of the Texas Government Code. SECTION 28. COMMUNICATIONS All notices and requests given to or made to the parties must, except as otherwise specified, be in writing and delivered or mailed at the notice addresses specified on the Cover Sheet of this Contract. The parties may change their notice addresses upon five (5) written days notice to the other party. Any notices or requests are deemed given upon actual delivery or depositing the same with the U.S. Postal Service, properly addressed, postage prepaid, certified mail, return receipt requested. In some instances, email correspondence may be utilized and this communication is to be treated as having received a written correspondence. SECTION 29. GENERAL STANDARDS OF PERFORMANCE A. Subcontractor agrees that the level of services and activities performed shall be maintained in accordance with the terms and conditions of this Contract. B. The Performance Measures, Attachment A -1 to this Contract, Plan of Operation, Attachment A -2 to this Contract, Budget, Attachment B -1 to this Contract, Budget Narrative, Attachment B -3 to this Contract and Program Requirements, Attachment C -1 to this Contract, constitute promised performance under this Contract. If Subcontractor fails to meet the performance goals for any monthly period as specified under this Contract, this Contract is subject to obligation or termination in accordance with this Contract. SECTION 30. ENTIRE AGREEMENT A. All oral or written agreements between the parties relating to the subject matter of this Contract made prior to the execution of this Contract have been incorporated herein. C. Subcontractor understands and agrees that the Attachments designated on the Cover Sheet of this Contract are a part of this Contract and constitute promised performance by Subcontractor under this Contract. SECTION 31. CONTINGENT ON FUNDING This Contract is at all times contingent upon the availability and receipt of Federal or State funds that the Fiscal Agent and Department have allocated to this Contract; and if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent or Department. The Fiscal Agent's obligation is contingent upon the availability of funds from which payment for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. Ell SECTION 32. TRAINER QUALIFICATIONS A. Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors, trainers, counselors professional and paraprofessional and other staff shall possess education, training, and or experience to provide the skills, knowledge, and abilities necessary to perform the duties of the position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certifications. B. Staffing personnel must be maintained at the level negotiated and contracted for between the Subcontractor and the Fiscal Agent. Changes in staff positions or reduction in hours shall be immediately reported to Fiscal Agent for review and approval. C. Subcontractor agrees and understands the performance of work proposed, negotiated, and contracted for must be maintained at the level agreed upon at initiation of this Contract. Any deviation from these requirements must be reported to Fiscal Agent. Failure to maintain qualified personnel, the required level of performance, approved curriculum, and other pertinent quality control standards required by the Fiscal Agent and Department may constitute a breach of this Contract, grounds for termination of this Contract by the Fiscal Agent or the Department, and refund of amounts to Fiscal Agent or Department. SECTION 33. TERMINATION A. If the Subcontractor fails to provide services according to the provisions of this Contract, the Fiscal Agent or Department may, upon written notice of default to the Subcontractor, with opportunity to cure within 30 to 60 days, terminate all or any part of the Contract. Termination may be exercised in addition to any other rights and remedies provided by law or under this Contract. B. The Fiscal Agent or the Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause, upon written notice of default to the Subcontractor and opportunity to cure within 30 to 60 days, or take other actions, including, but not limited to: 1. requiring the Subcontractor to take specific corrective actions in order to remain in compliance with any contractual provision; 2. to recoup payments made to the Subcontractor or impose administrative error sanctions based on audit findings of violations of Contract requirements; and, 3. to suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all Contract rights. C. If Federal or State laws or other requirements are amended orjudicially interpreted so that either party cannot reasonably fulfill this Contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this Contract. D. This Contract may be terminated at any time by mutual consent. In addition, either party to this Contract may consider it to be canceled by giving 14 calendar days advance written notice to the other party. This Contract will be terminated at the end of the 14 day period. Nothing in this section shall be construed to prohibit immediate termination of the Contract pursuant to the sections above. This Contract shall otherwise terminate by the date specified in the Contract Cover Sheet. E. At the end of the Contract term or other Contract termination or cancellation, the Subcontractor, in good faith and in reasonable cooperation with the Fiscal Agent and the Department, shall aid in the [fA transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. F. The Department shall suspend or revoke this Contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud. The Fiscal Agent shall also suspend or revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency listed in Article II of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as it may be amended. SECTION 34. FORCE MAJEURE The Subcontractor agrees to be financially liable for undue delays or failures in Contract performance except for any delay in or failure of performance of any requirement caused by force majeure (i.e., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of the Department, in the exercise of reasonable diligence, until these exigencies have been removed. The Subcontractor shall inform the Fiscal Agent and the Department in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. The Subcontractor agrees that breach of this provision entitles the Fiscal Agent or Department to reduce or stop payments, immediately terminate this Contract, collect partial or whole payment for services not timely delivered, collect other liquidated damages including the amount of any bond for Contract amount, and any other remedies available to the Fiscal Agent and Department under the terms of this Contract, in equity, or under Texas law. SECTION 35. MONTHLY PERFORMANCE REVIEW Subcontractor will be notified monthly and /or quarterly by written correspondence to identify the Subcontractor's performance in accordance with the performance measures identified in Attachment A -1. These reviews will be considered as Notice of Performance and may be used as a determination of performance. SECTION 36. SUSPENSION OF PAYMENTS. If the Fiscal Agent determines in its sole discretion that Subcontractor is not meeting all performance measures in Attachment A -1, or if Fiscal Agent determines in its sole discretion that Subcontractor is not in compliance with all provisions of the Contract, the Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal Agent may suspend payments to Contractor until such time as Contractor is in full compliance with the performance measures and all other provisions in this contract. Subcontractor will be given prompt written notice and the opportunity for a hearing within fourteen (14) calendar days from such suspension. SECTION 37. REPAYMENT OF FUNDS. Subcontractor shall issue repayment of funds to Fiscal Agent within 14 calendar days of Fiscal Agent's written demand for repayment if Fiscal Agent determines in its sole discretion that Subcontractor has not met the Performance Measures identified in Attachment A -1. SECTION 38. SUBCONTRACTOR COMPLIANCE WITH PRIMARY CONTRACT Subcontractor accepts and agrees to abide by all terms and conditions of the primary contract between the City of Corpus Christi and the Texas Department of Family and Protective Services ( "Primary Contract ") regarding the Community Youth Development Program. The Primary Contract is incorporated by reference and the Subcontractor is bound to all the requirements, terms, and conditions of the Primary Contract. The Primary Contract controls in the event of any conflict with this subcontract. 48 The certifications enumerated below represent material facts upon which DFPS relies when accepting a bid for this solicitation. If the Department later determines that Potential Contractor knowingly rendered an erroneous certification, DFPS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DFPS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. if the Signor cannot certify the accuracy of all the statements contained in this section, Signor must provide written notice to DFPS detailing which of the below A. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Executive Orders 12549 and 12689 require DFPS to screen each covered Signor to determine whether each has a right to obtain a contract in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Signor certifies the following: 1. That Signor is, to the best of its knowledge and belief, not debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or any resulting contract. 2. That Signor will not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by DFPS or the U.S. Department of Health and Human Services. 3. That Signor will include this section regarding debarment, suspension, ineligibility, and voluntary exclusion without modification in any subcontracts or solicitations for subcontracts. B. Certification Regarding Lobbying. State and federal law place restrictions on the use of state and federal funds in regard to lobbying. The Signor certifies, to the best of its knowledge and belief, that: 1. In accordance with 31 U.S.C. §1352, no federal appropriated funds have been paid or will be paid, by or on behalf of the Signor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 3. The Signor shall require that the language of this certification be included in the award documents for subcontracts and that all subcontractors shall certify and disclose accordingly. 4. Payments of appropriated or other funds to Signor under any resulting agreement are not prohibited by Texas Government Code §556.005 or §556.008. C. Certification Regarding Child Support. Under Texas Family Code Section 231.006, the vendor or applicant certifies that the 49 individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. D. Drug -Free Workplace Certification. Signor certifies that it will or will continue to provide a drug -free workplace by- 1 . Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about— a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug -free workplace; C. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (D)(1); 4. Notifying the employee in the statement required by paragraph (D)(1) that, as a condition of employment under the grant, the employee Will- a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (D)(4)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (D)(4)(b), with respect to any employee who is so convicted — a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace. E. Anti -Trust Certification. Pursuant to 15 U.S.C. Sec. 1, et seq. and Tex. Bus. & Comm. Code Sec. 15.01, et seq., Signor certifies that neither the Signor nor the firm, corporation, partnership, or institution represented by the Signor, or anyone acting for such a firm, corporation, or institution has violated the anti -trust laws of this state, federal anti -trust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. 50 Texas Dept. of Family Certifications Form 4733 and Protective Services February 2010 concerning this certification may be terminated and payment withheld if this certification is inaccurate. M WIT111,111OM"M IM MTH"j-1 I I rOU Gloria Taylor ............ ------------- U AV ed RePresentative Executive Director Title of Authorized Representative Date I 1� Communities In Schools, Corpus Christi, Inc. 23792861-1 1 Legal Name of Potential Contractor Procurement or Contract Number Page 3 of 3 a �a SC v AGENDA MEMORANDUM NaRqpo Future Item for the City Council Meeting of August 20, 2013 xss Action Item for the City Council Meeting of August 27, 2013 DATE: August 9, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Valerie Gray, P.E. Director of Streets and Storm Water Services valerieg @cctexas.com; (361) 826 -1875 Execute Construction Contract Bayfront Development Plan, Phase 3 (Bond 2008) Shoreline Boulevard Realignment :1 CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by adding $156,637.50 in Gas Capital Improvement Program Reserves; transferring $218,862.20 from Wastewater CIP Project No. E12204 Unanticipated Wastewater Capital Requirements to the Bayfront Development Plan, Phase 3 Project; increasing expenditures in the amount of $156,637.50; authorizing the City Manager or designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $6,552,042.05, for the Bayfront Development Plan, Phase 3 Project for the total base bid; and authorizing the City Manager or designee to execute a Construction Materials Testing Agreement with Rock Engineering and Testing Laboratory, Inc. for $57,960.00. The purpose of this Agenda Item is to execute a Construction Contract with Bay, Ltd and a Testing Agreement with Rock Engineering and Testing Laboratory, Inc. for Construction Materials Testing. BACKGROUND AND FINDINGS: Bayfront Development Plan Phase 3 (Bond 2008) - Shoreline Realignment project (City of Corpus Christi Project No. 6511). The limits of the project improvements are from Buford Street to Lawrence Street. The Bayfront Shoreline Realignment project re- aligns the northbound Shoreline traffic from a six -lane boulevard section (3 lanes in each direction) to a non - divided four -lane roadway (2 lanes each direction) along the existing southbound Shoreline lanes. The project consists of widening the southbound section with a fourth lane needed for the non - divided two -way travel. The widening and construction of the fourth lane includes curb, gutter, and drainage improvements. Although the fourth lane is new construction, the existing three lanes will be milled, overlaid, and re- striped. Existing utilities will generally remain in place. However, select water and wastewater infrastructure improvements will be included to provide new utility service to the adjoining park area in anticipation of future development. In addition, the existing northbound lanes will be closed to through traffic, and will be repurposed for use in the future development of the park area. On June 26, 2013, the City received proposals from two (2) bidders their respective bids are as follows: Contractor Base Bid Reytek Construction Resources, Inc. $6,969,129.50 Houston, Texas 2013 -2014 Bay, Ltd. $6,552,042.05 Corpus Christi, Texas TOTALS ALTERNATIVES: 1. Execute the contracts as proposed. 2. Do not execute the contracts. OTHER CONSIDERATIONS: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 7, Bayfront Master Plan. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; Rock Engineering was selected because they are familiar with the project requirements and have completed geotechnical investigations for the design of proposed improvements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation Streets FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013 -2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget 3,136,400.00 7,969,326.55 5,354,100.00 16,459,826.55 Encumbered/Expended Amount 3,136,400.00 3,136,400.00 This item (Bay, Ltd) 6,552,042.05 6,552,042.05 This item (RETL) 57,960.00 57,960.00 Future Anticipated Expenditures This Project 1,359,324.50 382,733.30 1,742,057.80 BALANCE 0.00 1 4,971,366.70 4,971,366.70 Fund(s): Bayfront Development CIP 2008 Street CIP Sequence #3 RECOMMENDATION: City Staff recommends the approval of the construction contract with Bay, Ltd and the Construction Materials Testing Agreement with Rock Engineering and Testing Laboratory, Inc.. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Construction Materials Testing Contract — Rock Engineering PROJECT BUDGET Bayfront Development Phase 3 Project No. 6511 FUNDS AVAILABLE: Bayfront Development Phase 3 G.O. Bond 2008 . ............................... $ 13,303,385.85 Bayfront Development Phase 1 C.O. Bond 2004 Reserves ................... 696,941.00 Storm Water CIP ........................................... ............................... 1,175,000.00 Water CIP ................................................... ............................... 674,400.00 Wastewater CIP ............................................ ............................... 453,462.20 Gas CIP ...................................................... ............................... 156,637.50 Total ........................................................... ............................... $ 16,459,826.55 FUNDS REQUIRED: Shoreline Boulevard Construction $ 6,552,042.05 Contingencies ( 10%) ...................................... ............................... 655,204.00 Enaineer and Desian Fees Design (Hargreaves Associates)* ..................... ............................... 1,620,592.50 Engineer (HDR, Inc.)** ................................... ............................... 1,259,776.70 Landscape Architect (Lauren Griffith) ................ ............................... 45,500.00 Urban Forestry (Burditt Consultants) ................. ............................... 5,225.00 Geotechnical Testing Services (Rock Engineering ) ............................. 10,290.00 Construction Materials Testing (Rock Engineering ) ........................ 57,960.00 Reimbursements Contract Administration (Contract Preparation /Award /Admin) ................ 164,598.27 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt) ................... 205,747.83 Construction Observation Services ................... ............................... 493,794.80 Bond Issuance Fees ...................................... ............................... 193,130.44 Finance Reimbursements ............................... ............................... 164,598.27 Misc. (Printing, Advertising, etc.) ....................... ............................... 60,000.00 Total .......................................................... ............................... $ 11,488,459.85 Estimated Project Budget Balance .................... ............................... $ 4,971,366.70 *Original Agreement authorized by City Council on December 13, 2011, M2011 -292 * *Original Agreement approved administratively on July 19, 2009 and Amendment No. 1 approved by City Council on May 18, 2012, M2010 -115 K: \Engineering Data Exchange \ClarissaJ \P ark s \6511 - Bayfront Development Plan Phase 3\Agenda Item -Construction Award \Project Budget - Bayfront Dev Shoreline Reconstruction File : \ Mproiect \councilexhibits \exh6511d. PROJECT #6511 VICINITY MAP NOT TO SCALE PROJECT SITE Bayfront Development CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Master Plan, Phase 3 PAGE: 1 of 1 — — 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 ( "LAB "), acting through its duly authorized representative who is Curtis A. Rock, Business Development Manager, which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Ba front Development Plan Phase 3 Pro'ect No. 6511 ( "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 ". 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 $57,960.00 (Fifty Seven Thousand Nine Hundred Sixty Dollars and Zero Center Invoices to be submitted ,,,•.,_, - monthly in accordance with Exhibit "D ". 4. INDEMNIFICATION AND HOLD HARMLESS. The "CONSULTANT" agrees to indemnify, save harmless and defend the "CITY ", and it's agents, servants, and employees as more fully set forth in "Exhibit E ". CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LABORATORY ci4r4_p" 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 711 lh) aniel Biles, P.E. (Date) Dir or of Engin er Services Project Number: 6511 Funding Source: 550920- 3126 - 00000- 170678 Val ri H. Gray, E. (D te) !! Fund Name: Bayfront Development 09 GO CIP Dire or of Storm Wat r and Streets Encumbrance Number: APPROVED AS TO FORM Office of Mgmt and Budget (Date) ATTEST ENTERED Armando Chapa, City Secretary (Date) JUL 12 2013 CONTRACT MANAGERS KAEngineering DalaExchangoXClarissaJSParks 56511 - Bayfronl Development Plan Phase 31Roek Engineering - Construction Materials Testing (for Shoreline Relmation)LTESTING AGREEMENT.doex r July 10, 2013 City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78401 Attn: Mr. Dan Biles, P.E. — Director of Engineering o GEOTECHNICAL ENGINEr=RING ® CONSTRUCTION MATERIALS ENGINEERING & TESTI NG SOILS *ASPHALT* CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED Bayfront Development Plan, Phase 3 City Project No.: 6511 Corpus Christi, Texas RETL Proposal Number: _ P071013B Dear Mr. Biles, Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to be selected to perform the required Construction Materials Testing for the above referenced project. The Estimated Construction Materials Testing Budget for this project is $57,960.00. We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on -site but not performing testing activities. Please be advised that weekend Technician time will be invoiced portal to portal at an additional rate of $31.00 per hour. RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883 -4555 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Sandra Kirk Project Estimator ROCK ENGINEERING & TESTING LABORATORY, INC, 6817 LEOPARD STREET Y CORPUS CHRISTI, TEXAS, 78409 OFFICE: (361) 883 -4555. FAX: (361) 883 -4711 . www.rocktesting.com EXHIBIT "A" Page 1 of 5 Date: July 10, 2013 Project Name: Bayfront Development Plan, Phase 3 City Project No.: 6511 Contact: Mr Dan Bites, P, E. - Director of Engineering Contact I nformation: City of Corpus Christi Test Quantity Ur i_Fee Fee UTILITIE S Initial Backfill Proctor Type Standard Sample Charge 1 $57.00 $57.00 $215-00 $215.00 Final Backfill Proctor Type: Standard Sample Charge 1 $57.00 $57.00 Additional Test: Atterborg Limits and Gradation 1 $215.00 $188.00 $215.00 $188.00 Cement Stabilized Backfill Sample Charge $57.00 $57.00 Proctor Type: Standard 1 $215.00 $215.00 Stormwater Line Description: RCP 18" & 24" Line Length (LF): 909 Test Frequency: 1 every 200 LF per lift 50 $44.00 $2,200.00 Number of Lifts: 10 Stormwater #2 Line Description: RCP 30" & 36" Line Length (LF): 1,178 Test Frequency 1 every 200 LF per lift 60 $44.00 $2,640.00 Number of Lifts: 10 Wastewater Line Description: 8" Sanitary Sewer Line (SDR 26) Line Length (LF): 1,022 Test Frequency: 1 every 200 LF per lift 48 $44.00 $2,112.00 Number of Lifts: 8 Wastewater #2 Line Description: Sanitary Sewer Force Main 4" PVC Line Length (LF): 122 Test Frequency: 1 every 200 LF per lift 8 $44.00 $352.00 Number of Lifts: 8 Water Line Description: Water Main Pipe (PVC 6 ", 8" & 12 ") Line Length (LF): 2,287 Test Frequency: 1 every 200 LF per lift 60 $44.00 $2,640.00 Number of Lifts: 5 I Gas I Line Description: Remove Existing 4" PW Gas Line Line Length (LF): 1,125 Test Frequency: 1 every 200 LF per lift 36 $44.00 $1,584.00 Number of Lifts: 6 Manholes Description: Manhole (Type M - Complete) Number of Manholes: 21 Set Size: Concrete Cylinders (set of 4) 4 $176.00 $704.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 set every 6 items Manholes #2 Description: 4' Fiberglass Type A Manhole Number of Manholes: 8 Set Size: Concrete Cylinders (set of 4) 2 $176.00 $352.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 set every 6 items EXHIBIT "A" Page of 4 Date: July 10, 2013 $506.00 Project N ame: Bayfront Development Plan, Phase 3 City Proje?ot No: 6511 2 $188,00 Contact: Mr. Dan Biles, P.E. - Director of Engineering Contact I information: City of Corpus Christi Manholes ##3 Description: Remove 4' Sewer Manhole (Backfill) Number of Manholes: 4 Test Frequency 1 per lift per 3 items Number of Lifts: 4 nlets €Number of Inlets: 36 Sot Size: Concrete Cylinders (set of 4) Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 set every 10 items PARKING & PAVE Subgrade Description: 12" Compacted Subgrade Square Footage: 124,794 Linear Footage: 6,500 Number of Lanes: 2 Proctor Type: Standard Density Requirements: 95% std. at or above opt. Moisture Test Frequency: 1 every 200 LF of Street Paving Section Base 9" Type A Grade 1 Flexible Base - Crushed Description: Limestone Base Square Yardage: 13,866 Linear Footage: 6,500 Number of Lanes: 2 Proctor Type: Modified Density Requirements: 98% std. -1 to +3% opt. Moisture Test Frequency: 1 every 300 LF of Street Additional Test: Atterberg Limits and Gradation Additional Test: Wet Ball Mill HMAC Description: 2" HMAC - Type D & 4" HMAC - Type B Square Yardage: 11,226 Tonage: 3,705 Full Series Freq.: 1 every 500 Tons or Day Cored in Place Freq. 1 every 300 LF of Street Concrete Description: Stamped Concrete Cubic Yards: 320 Set Size: Concrete Beams (set of 4) Test Schedule: 2 @ 7 days & 2 @ 28 days Test Frequency: 1 set per 50 CY / Per Day's Pour Additional Test: Air Entrainment Concrete Description: Concrete Median Cubic Yards: 55 Set Size: Concrete Beams (set of 4) Test Schedule 2 @ 7 days & 2 @ 28 days Test Frequency: 1 set per 50 CY / Per Day's Pour Additional Test: Air Entrainment 2of4 Test Quantity Uni� # Fee Fee 8 $44.00 $352.00 4 $176.00 $704.00 (4) Sample Charge $57.00 $228.00 4 $215.00 $860.00 33 $44.00 $1,452.00 (2) Sample Charge $57.00 $114.00 2 $253.00 $506.00 22 $44.00 $968.00 2 $188,00 $376.00 2 $321.00 $642.00 (13) Sample Charge $57.00 $741.00 13 $616.00 $8,008.00 14 $99.00 $1,386.0o 7 $300.00 $2,100.00 7 $25.00 $175.00 2 $300.00 $600.00 2 $ .&HIBIT W10 Page 3 of 5 Date: July 10, 2013 Project N1 ame: Bayfront Development Plan, Phase 3 City Project No.: 6511 Contact. Mr. Dan Biles, P.E. - Director of Engineering Contact 1 reformation: City of Corpus Christi Concrete $44.00 $792.00 Description: Controller Foundation No. of Foundations: 2 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @ 7 days & 3@28 days Test Frequency: 1 set per Day's Pour Concrete EXHIBIT "A" Description: Concrete Rip Rap (5" Thick) Cubic Yards: 12 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 set per Day's Pour Curb and Gutter Description: Concrete Curb & Gutter (Type 1) Linear Footage: 819 Density Requirements: 95% std. Density Frequency: 1 every 500 LF Concrete Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 every 1000 LF Curb and Gutter #2 Description: Concrete Curb & Gutter (Type 2) Linear Footage: 8,946 Density Requirements- 95% std. Density Frequency: 1 every 500 LF Concrete Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 every 1000 LF Curb and Gutter #2 Description: Sidewalk Curb (6" Wide) Linear Footage: 130 Density Requirements: 95% std. Density Frequency: 1 every 500 LF Concrete Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 every 1000 LF Sidewalk Description: Concrete Sidewalk (4', 5', U. 8', 10' & 12' Wide) Square Footage: 67,311 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 set every 4,000 SF Ramp Description: Concrete Curb Ramp (Type 1, 2, 8 & 10) Square Footage;: 48 each Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 set per Day's Pour 3 of 4 Test Quantity Uni� t Fee VA tl Pee $176.00 $352.00 $176.00 $176.00 2 $44.00 $88.00 1 $176.00 $176.00 18 $44.00 $792.00 9 $176.00 $1,584.00 1 $44.00 $44.00 1 $176.00 $176.00 17 $176.00 $2,992.00 5 $176.00 $880.00 EXHIBIT "A" Page 4 of 5 Date: July 10, 2013 „ Prujeci N acne: Bayfront Development Plan, Phase 3 City Proj(�ot No.: 6511 Contact: Mr. Dan Biles, P.E. - Director of Engineering Contact I reformation: City of Corpus Christi Test Quantity Unit Pee Pee ___ Driveway Description: Conc. Driveway (Type C) (6" Thick) (30'x10' ea) Set Size: Concrete Cylinders (set of 4) 2 $176.00 Test Schedule: 1 @ 7 days & 3 @ 28 days $352.00 Test Frequency: 1 set every 2,500 SF 1 Per Day's Pour CYLINDE R PICK-UP FEES Number of Trips: 48 $43.00 $2,064.00 TRANSPORTATION FEES Location: Corpus Christi, Texas 224 $45.00 $10,080.00 ADMINISTRATION FEES (1 Time Fee per Project) 1 $85.00 $85.00 10% CONTINGENCY FEE $5,269.00 ESTIMATED TOTAL $57,960.00 —This is only an estimate. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on -site but not performing testing activities. f 4 of 4 M EXHIBIT "A" Page 5 of 5 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. =ITO'fB 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. EXH161T °�C °l Page 1 of 3 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 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care 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" Pa e2of3 ARTICLE G. 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. ]PXa'g'e'3 IT "C" of3 o o 0 0 0 0 0 0 0 0 c c O tq 0 0 o O N 0 0 0 Oa o �o C)0 °o LO u) 619- 6% a � T Lr) (D � M � N M co 69 b9 � O � OWN, awe U 7� > Q? N (D N m RS LL U v Ll. cv .� U) a 0) Q LL rn co c . N N � -C N -0 4- a3 v N 0 c cEn d O° ° 0) CU ¢ w C¢ ro o 0 cNa ai � N o a °ts U o Exhibit "D•. m ❑ m OC U co a a- 3 C a Ir O cn � 0) m Q Page 9of1 (Oj aC:�o0.r O 0 0 0 Lo CD V Q 0 O a O a c , , U � G � c VT- T 00-4 r OD 0 0 O ° -- o 0 w r o L Mob iQ (C r � T O U :$ 6q o o 0 0 0 0 0 0 0 0 c c O tq 0 0 o O N 0 0 0 Oa o �o C)0 °o LO u) 619- 6% a � T Lr) (D � M � N M co 69 b9 � O � OWN, awe U 7� > Q? N (D N m RS LL U v Ll. cv .� U) a 0) Q LL rn co c . N N � -C N -0 4- a3 v N 0 c cEn d O° ° 0) CU ¢ w C¢ ro o 0 cNa ai � N o a °ts U o Exhibit "D•. m ❑ m OC U co a a- 3 C a Ir O cn � 0) m Q Page 9of1 (Oj aC:�o0.r O 0 0 0 a c , , VT- T 00-4 r OD 0 w r N iQ (C r � T O U CL (0 N O O Q C-4 69- O O O Q Z Z O O Q d Z _v O �O .O > c 'a E (D a > a r C) Q 0 0 0 C) O O Z ;+ m � a V r� 00 T o (D (D 0 O T 0� ll� r y 1 ((} Q T O U 69- �} o o 0 0 0 0 0 0 0 0 c c O tq 0 0 o O N 0 0 0 Oa o �o C)0 °o LO u) 619- 6% a � T Lr) (D � M � N M co 69 b9 � O � OWN, awe U 7� > Q? N (D N m RS LL U v Ll. cv .� U) a 0) Q LL rn co c . N N � -C N -0 4- a3 v N 0 c cEn d O° ° 0) CU ¢ w C¢ ro o 0 cNa ai � N o a °ts U o Exhibit "D•. m ❑ m OC U co a a- 3 C a Ir O cn � 0) m Q Page 9of1 SUPINAER FAIMBPR TO IP- ASSIGNED BY" CITY"" PURCIU%,5VQOI DIVISION ZZAI—�& ON ol, CITY OF CORPUS CURISTI Qyplls chnstl DISCLOSURE OF INTER.Es"r City oi'(':orpm Christi Ckdhmnce PH! as arnundmi, i,collij-cs a II filiji.s buillics, Nvith [lie CI N, 10 provide file illf'orillatioll. E\ "Y � 11 St 11 111"El be 11113Wc�r(M. 11' [lie question k ru)(applicable. answu with I"NA-. See revil (le Rw Fdhg Rephvvumti CeaWknis and defildihns. COMPANY NAME: Rock Engkweilng N o Testing Labomioll, hx. 11. 0. Rox: ... . .... .. .. .... Zj I l i LL I !V)DJUI—SN. 68 17 Leopard Street CITY: CoM Ch us HW zAh 79409 . ... . .. .... .... ....... ... .. FIRM K I Corpo!,;ilion j 1 c1 A lather If adflidonal space is necessary. pleaso use the rwckc he of M is Imee or ,at ndi sqxinite sheut- 1. State the nallic." of, Qklull (11, the City of ('oupki"'. dilisli Ilavill" all WIT& Unnst.Willulg 311 or nwra ofthe OW)ler'ship in Me ohnic nanind W&V Name Depal-finent ([f kn(mvn) Job Wde and (Thy stwe the natnes oroaci, -Ornwiar urqu civ orcoquis owny" an -ow'jlorship i.11101•0SI" conskuting 311 or mom of be ownci-ship in the ,,[x we 11�1111c(I Name Thle 3, Raw die names of each Soar(i 111cillber- of lilt'! ('ity of, Coqxjs Christi haQu an -MMUMMIJ int0reSt" coils, ill'] or more of(he owiludh ill Me above numied "Ann. Name &W cynMR& or .. ........... -I. -Sime the n2lnles' (31, each elliplovc(! (:if- olficer of a r(jl- the City of' (:.-orplls who worked till aliv, matter I'Allud to ille "obicel of this k:nnlracl alld 1111, an illturc�a- consliludll�;' 3)(Mo or more of the ownership ill UIV lbove liallicd Nalne conwidialit EXHIBIT "Ell P ge 1 of age 1 of 2 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 sha II disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing Filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: C %A (* S , Pock Title: �yS% (Type or Point) Signature of Certifying r Date: Person: I — 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 Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by adding $156,637.50 in Gas Capital Improvement Program Reserves; transferring $218,862.20 from Wastewater CIP Project No. E12204 Unanticipated Wastewater Capital Requirements to the Bayfront Development Plan, Phase 3 Project; increasing expenditures in the amount of $156,637.50; authorizing the City Manager or designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $6,552,042.05, for the Bayfront Development Plan, Phase 3 Project for the total base bid; and authorizing the City Manager or designee to execute a Construction Materials Testing Agreement with Rock Engineering and Testing Laboratory, Inc. for $57,960.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $156,637.50 in Gas Capital Improvement Program Reserves to the Bayfront Development Plan, Phase 3 project. SECTION 2. Budgeted funds in the amount of $218,862.20 are transferred from the Unanticipated Wastewater Capital Requirements Project to the Bayfront Development Plan, Phase 3 project. SECTION 3. The City Manager or designee is authorized to execute a construction contract for the Bayfront Development Plan, Phase 3 construction for the Total Base Bid in the amount of $6,552,042.05 with Bay, Ltd. of Corpus Christi, Texas SECTION 4. The City Manager or designee is authorized to execute a Testing Agreement for the Bayfront Development Plan, Phase 3 in the amount of $57,960 with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez 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 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of Nelda Martinez Mayor City of Corpus Christi Making Ygyr City Great. Bond 2008 Bayf ront D evel opment Plan , Phase 3 1 �� rl Carpus Chr`sti Engineering Council Presentation August 20, 2013 Project Scope yw Corpus Chr'sti Engineering Making Yqur C"' Great. 0()S B 2 Project Schedule yw Corpus Ch,r'sti Engineering Project Estimate: 400 Calendar Days,,;-., 13 Months Projected Schedule reflects City Council construction contract award in November 2013 with anticipated construction completion in November 2014. Making) cqur City Great. Bond 2QQ8 K Project Budget FUNDS AVAILABLE: Bayfront Development Phase 3 G.O. Bond 2008 ............... $ 13,303,386 Bayfront Development Phase 1 C.O. Bond 2004 Reserves.. $ 696,941 Storm Water CIP ....................... ............................... $ 1,175,000 Water CIP ................................. ............................... $ 674,400 Wastewater CIP ......................... ............................... $ 453,462 Gas CIP ................................... ............................... $ 156,638 Total ....................................... ............................... $ 16,459,827 FUNDS REQUIRED. Shoreline Boulevard Construction $ 6,552,042 Contingencies ( 10%) .................... ............................... $ 655,204 Engineer and Design Fees: Design (Hargreaves Associates)* ... ............................... $ 1,620,593 Engineer(HDR, Inc.)** .................. ............................... $ 1,259,777 Landscape Architect (Lauren Griffith) .............................. $ 45,500 Urban Forestry (Burditt Consultants) ............................... $ 5,225 Geotechnical Testing Services (Rock Engineering) ............ $ 10,290 Construction Materials Testing (Rock Engineering)......; $ 57,960 Reimbursements $ 1,281,870 Total ...................................... ............................... $ 11,488,460 Estimated Project Budget Balance.. ............................... $ 4,971 366 *Original Agreement authorized by City Council on December 13, 2011, M2011 -292 * *Original Agreement approved administratively on July 19, 2009 and Amendment No. 1 approved by City Council on May 18, 2012, M2010 -115 yw Corpus Ch,r'sti Engineering c se ` AGENDA MEMORANDUM ¢aRY First Reading Ordinance for the City Council Meeting of August 20, 2013 s Second Reading Ordinance for the City Council Meeting of August 27, 2013 DATE: July 17, 2013 TO: Ronald L. Olson, City Manager FROM: Laura Z. Garcia, Interim Library Director lauraga cctexas.com 826 -7070 Ordinance authorizing the acceptance of donated items to settle overdue library fees. CAPTION: Ordinance authorizing Corpus Christi Public Libraries to settle overdue fees with the acceptance of donated items to be provided to charitable groups for legitimate public purposes; and providing for an effective date. PURPOSE: To provide an opportunity for patrons to clear overdue charges and resume use of library services as well as to encourage the return of library material. BACKGROUND AND FINDINGS: Public libraries nationwide conduct "Food for Fines" drives. Corpus Christi Public Libraries is proposing to conduct a "Food for Fines" drive during the month of September to benefit the Senior Community Services Division - Elderly Nutrition program and the Food Bank of Corpus Christi. September is designated as National Library Card Sign -Up month and National Hunger Awareness month. Non - perishable food items will be accepted to clear overdue fees only; lost or damage charges will not be cleared. Each item donated will equal $1 in late fees. For each pound donated to the Food Bank, Senior Community Services will receive a credit of 14 cents. This credit will be applied towards the purchase of food products for a Food Pantry Distribution at a senior center. Corpus Christi Public Libraries proposes to conduct future drives in partnership with other City departments and charitable organizations. ALTERNATIVES: Ordinance is not approved. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Ordinance requires City Council action. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: No historical data is available to determine the financial impact. RECOMMENDATION: Staff recommends acceptance of donated items to settle overdue fees. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the Corpus Christi Public Libraries to settle overdue fees with the acceptance of donated items to be provided to charitable groups for legitimate public purposes; and providing for an effective date WHEREAS, the Corpus Christi Public Libraries would like to partner with the Senior Community Services, Elderly Nutrition Program to conduct a "Food for Fines" campaign where food or other products would be accepted in return for forgiving overdue fines and; WHEREAS, the Corpus Christi Public Libraries would like to conduct similar programs with other charitable groups; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Public Libraries are authorized to settle overdue fees with the acceptance of donated items. Such designated donated items to be provided to charitable groups for legitimate public purposes. Standards for acceptability of donated items to be established by the Library Director or designee. SECTION 2. The effective date of this ordinance is the date of final City Council approval. 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 City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of August 20, 2013 AApoaz p Second Reading Ordinance Item for the City Council Meeting of August 27, 2013 1852 DATE: July 19, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Department of Development Services MarkVV@cctexas.com 361- 826 -3246 Reimburse Marvin and Mary Kinnett for the wastewater lot/acreage fees paid in 2000. CAPTION: Ordinance appropriating $4,707.55 from the No. 4220 Wastewater Trunk System Trust Fund to refund Marvin Kinnett and Mary Kinnett the wastewater lot/acreage fees paid since wastewater services are not available nor will any be available within the next 5 years as related to Kinnett Addition, Block 1, Lots 1, 2 & 3. In accordance with the Unified Development Code, Section 8.5.2.G.1, the property owner is requesting that the City Council refund the wastewater acreage fees that were paid in 2000. BACKGROUND AND FINDINGS: In September 2000, Marvin and Mary Kinnett, owners of Kinnett Addition, paid the wastewater acreage fee as required during the platting of the property. The Platting Ordinance in 2000 required payment of the wastewater acreage fees or an exemption from the fees by the City Council. The owners did not apply for an exemption and paid the fees. In the 2000 Platting Ordinance as well as the current Unified Development Code (UDC), the current property owner may request a refund of the pro -rated fees paid. The refund request must be made after 10 years and before 20 years from the date of the filing of the plat. The UDC states that the City Council may decide during a hearing to refund the monies if the petitioners are the property owners; no wastewater lines currently serve the petitioners' property; and the property is not likely to be served within the next 5 years. The refunds will be appropriated from the Wastewater Trunk System Trust Fund, if funds available. The refund shall include a 5.5% interest per annum from the date of filing of the plat. The order of refunds will be determined according to the date the application for refund is approved by the City Council. City Council Agenda Memorandum Marvin & Mary Kinnett Wastewater Acreage Fee Refund Page 2 The plat of Kinnett Addition, Block 1, Lot 1, 2 & 3 was recorded on September 19, 2000. It has been 13 years since the plat was recorded. Since the fee was paid in 1996 and has been accruing interest, it is in the best interest of the City to authorize payment to Mr. & Mrs. Kinnett. Until monies are refunded to the Kinnett's, the amount due will continue to increase. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable. Refund request. EMERGENCY / NON - EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: Fund(s): Wastewater Trunk System Trust Fund Comments: N/A RECOMMENDATION: Staff recommends approval of the appropriations ordinance to the refund of Mr. Mrs. Kinnett's wastewater acreage fee plus the required 5.5% interest per annum. Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Wastewater Trunk System Trust Fund $977,265.69 Encumbered / Expended Amount $948,942.66 This item $4,707.55 BALANCE $23,615.48 Fund(s): Wastewater Trunk System Trust Fund Comments: N/A RECOMMENDATION: Staff recommends approval of the appropriations ordinance to the refund of Mr. Mrs. Kinnett's wastewater acreage fee plus the required 5.5% interest per annum. City Council Agenda Memorandum Marvin & Mary Kinnett Wastewater Acreage Fee Refund Page 3 LIST OF SUPPORTING DOCUMENTS: Location Map Marvin Kinnett & Mary Kinnett Refund Request Ordinance K: \DEVELOPMENTSVCS \SHARED \LEGISTAR \2013 CC AGENDA ITEMS \8 -20- 2013 \KINNETT ADDITION \KINNETT ADDITION AGENDA MEMO EXEC Summary.doc 0 0.035 0.07 SHIA LANE CAITLYN LANE ■ Miles 0.14 Legend 0 M EXHIBIT A r........ i PLANNING.CITYLIMITS Title: Printing Date: 10/22/2012 File: K: \DevelopmentSvcs \SHARED \GIS Projects \4Miguel\ London _Club_ Estates _Lt11_Blk4.mxd Prepared By: MSS Illustrative purposes only. Coordinate System: NAD 1983 StatePlane Texas South RIPS 4205 Feet © City of Corpus Christi © Development Services CITY LIMIT LINE �l VV l 61Y Of CORP"I '11, oca L- Q D t4 oR, o Coo 4�4+� � cv �. `moo Q �.� � �a.k 9 \0 a -k Lo ice K I' t z- t4 ( aq- 0 rte. P, k-o i 1 k- T is fit^ & 0 a t �— k e�, F a kt i, ,,R is Alva CaIAJ Ate- c , -ro , � (v 'yea T r 04 �te- ZE td 0 ID o7li—I T A-.� 0469400�1 In cc a 7�11--Ir� 7�11--Ir� Ordinance appropriating $4,707.55 from the No. 4220 Wastewater Trunk System Trust Fund to refund Marvin Kinnett and Mary Kinnett wastewater lot/acreage fees previously paid for Lots 1, 2 & 3, Block 1, Kinnett Addition and authorizing the City Manager or designee to issue payment. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $4,707.55 is appropriated from the No. 4220 Wastewater Trunk Line Trust Fund to refund Marvin Kinnett and Mary Kinnett wastewater lot /acreage fees previously paid for Lots 1, 2 & 3, Block 1, Kinnett Addition, in accordance with Section 8.5.2.G. of the Unified Development Code. Furthermore, the City Manager, or his designee, is authorized to issue payment of the refund to the named parties. 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 ATTEST: Armando Chapa City Secretary day of , 20, CITY OF CORPUS CHRISTI Nelda Martinez Mayor Sc cc AGENDA MEMORANDUM QaRY First Reading Ordinance for the City Council Meeting of August 20, 2013 Second Reading Ordinance for the City Council Meeting of August 27, 2013 DATE: July 19, 2013 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, ACM Business Support Services WesP @cctexas.com (361) 826 -3082 SEA Town Renaming to SEA (Sports Entertainment and Arts) District CAPTION: Ordinance to rename certain area of the City of Corpus Christi as the "SEA (Sports, Entertainment and Arts) District." PURPOSE: The purpose of this item is to change the name of the area previously designated as "SEA Town," to "SEA District." BACKGROUND AND FINDINGS: In 2007 the City designated the area from the Port to Shoreline Boulevard, north of 1 -37 as "SEA Town," as this particular area provided a unique opportunity for community branding. An increase in activity in the area has created the need to coordinate with stakeholders in order to provide a quality experience for residents and opportunity for investment. In recent meetings with stakeholders in this area, stakeholders have requested to change the name of the area from "SEA Town" to "SEA District." Bond 2012 Proposition Eight and the Central Business Area Development Plan include reference to the "SEA District," but lack of official Council action designating "SEA District" creates confusion in the community, especially since the area was previously known as "SEA Town." Currently there is strong momentum with the stakeholders in the "SEA District." In order to build on this brand, they are requesting official Council action designating the area. The largest attractions in the area have indicated their support in a Letter of Agreement, which is attached. ALTERNATIVES: Do not approve renaming. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: City Council must authorize renaming. EMERGENCY / NON - EMERGENCY: Two readings required. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: This item has no financial impact. RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance- SEA District Location Map — SEA District Letter of Agreement — SEA District Ordinance to rename certain area of the City of Corpus Christi as the "SEA (Sports, Entertainment and Arts) District ". Whereas, portions of the area of the City of Corpus Christi located generally within the boundaries depicted on the attached and incorporated Exhibit A have previously been referred to as "SEATown "; Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the area of the City of Corpus Christi, Texas, ( "City "), lying generally within the boundaries as depicted on the attached and incorporated Exhibit A, is hereby officially known and renamed as the "SEA (Sports, Entertainment and Arts) District ". Section 2. The City Council does hereby waive any requirements applicable to the naming of areas of the City. Section 3. This Ordinance takes effect on date of final City Council approval. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , 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 City Secretary Nelda Martinez Mayor A 0 ■ WMMI W, = City of Corpus Christi - SEA District 0 0.125 0.25 0.5 files Date Created: July 22, 2013 Created by: JeremyM v IW- ® <a r l � Legend Streets 0 SEA District Harbor Dr .r N c Y C m ♦�1 m CO Brew steraSt Resa,Wst 6Lerod' a mays ' t A 0 ■ WMMI W, = City of Corpus Christi - SEA District 0 0.125 0.25 0.5 files Date Created: July 22, 2013 Created by: JeremyM v IW- ® <a r l � Legend Streets 0 SEA District A 0 ■ WMMI W, = City of Corpus Christi - SEA District 0 0.125 0.25 0.5 files Date Created: July 22, 2013 Created by: JeremyM v IW- ® <a r l � Legend Streets 0 SEA District Harbor Dr .r N c Y C m ♦�1 m CO Brew steraSt Resa,Wst 6Lerod' a mays ' t A 0 ■ WMMI W, = City of Corpus Christi - SEA District 0 0.125 0.25 0.5 files Date Created: July 22, 2013 Created by: JeremyM v IW- ® <a r l � Legend Streets 0 SEA District As requested by the Ci;ty of Corpus Christi this Letter of Agreement is to confirm all Key Stakeholde within the boundaries, as described below, are in support of the name change from SEA Town to &E District and have the knowledge that those involved are in the process of forming a legal entit Responsibilities of the S.E.A. District, overall objectives, plans and programs of operation, and formulati general policies will be cited in the legal entity documents. THIS AGREEMENT is made and entered into effective as of May 315t, 2013, by and between the Key Stakeholder's within the designated S.E.A. District boundaries of Corpus Christi, Texas. BOUNDARY DESCRIPTION: Beginning at 1-37 and West Broadway Street Northwest to Sam Rankin Street, North to the Ship; Channel, East to the Bay Front, South back to 1-37. 1 PARTIES: KEY STAKEHOLDER'S within the S,E.A. District Boundaries existing within the City of Corpus Christi, Nueces County, as described: I . AmericamBankCemter - Operated byGK8G Management 1901 W. Shoreline Blvd., Corpus Christi, TX78401 2, Art Museum m/ South Texas 1902N. Shoreline Blvd. Corpus Christi, TX 78401 3. Corpus Christi Convention & Visitors Bureau 101 N, Shoreline Bivd, Suite #43O- Corpus Christi, TX 78401 4, Corpus Christi Regional Transportation Authority 665$ Bear Lane, Corpus Christi, TX 78405 5. VVbatabur0*r Field -CC Hooka Baseball Club 734 E. Port Ave., Corpus Chr|sd, TX 78401 8, Concrete Street Amphitheater 70Q Concrete Street, Corpus Christi, TX 78401 7 Brewster Street Icehouse 615 S Upper Broadway, Corpus Christi, TX 78401 8. Hurricane Alley Water Park 7O2E. Port /\ve.. Corpus Christi, TX 78401 9. Corpus Christi Museum ofScience and History 1900N. Chaparral Si' Corpus Christi, TX 78401 10. Solomon Ortiz Center - Port uf Corpus Christi P.O Box 1541, Corpus Christi, TX 78403 This Agreement shall continue from the effective date and shall continue thereafter for as long as S.E-A- District Letter of Agreement Includes 7 attached approval pages Page 1 of 2 This Agreement contains the entire understanding of the parties and there are no commitments, agreements, or understandings between the parties other than those expressly set forth herein. This agreement shall not be altered, waived, modified, or amended except in writing signed by the parties hereto and notarized. mom Authorized Signature / SMG Management Jinn Salamenta G.M. Print Name and Title Authorized Signature / Art Museum of South Texas Joe Schenk Director Print Name and Title Approval via Email — Attached Keith Arnold C.E.O. Print Name and Title Approval via Email — Attached 13M�� Terry Klinger Director of Special Services Print Name and Title Print Name and Title I . I ..' - a A . William R. Durrill Partner Print Name and Title Authorized Signature/ Hurricane Alley Water Park rimmn.- FOUJIMM MEMLejo�M Print Name and Title Authorized Signature / Corpus Christi Museum of Science & History William R. Durrilll CCIVIX LLC / G-M Print Name and Title Approval via Email - Attached Solomon Ortiz Center Frank Brogan Director Print Name and Title Letter of Agreement Includes 7 attached approval pages Page 2 of 2 Thi's Agreement contains the entire understanding of the: parties and there are no commitrnents, agreements, or understandings between the parties other than those expressly set forth herein. This .......... agreement shall not be altered waived- modified 16W-4-WSW-11 and notarized. IN WITNESS WHEREOF, all parties have executed this Agreement on � -2), P - —i PIQW�� Print Name and Title FTIVU 627MURIM Print Name and Title Authorized Signature I CC Hooks Baseball Club FAIIIIALO)VrA ]LO =,MtWAMr*1ff-TsT4n3MM2= Print Name and Title In � �, �12 � 110 Mt VG Za F-Tars I =- F0,111UNIA k*Z0UjWA19T81L*Mi _I! - Authorized Signature I Corpus Christi Museum of Science & History Print Name and Title Authorized Signature I Port of Corpus Christi Solomon Ortiz Center Letter of Agreement 1�10jo4o-d"r,4 Page 2 of 2 This Agreement shall continue from the effective date and shall continue thereafter for as long as S.E,A. District is a viable and sustainable entity. This Agreement contains the entire understanding of the parties and there are no commitments, agreements, or understandings between the parties other than those expressly set forth herein. This agreement shall not be altered, waived, modified, or amended except in writing signed by the parties hereto and notarized. Print Name and Title to oriz d Signature / Art Museum of South Texas I —mot Print Name bnd Title 1MRITIMEW Print Name and Title Print Name and Title W1111801jrAM MR[$ IAN I I I I ITIR10111111 I VOIFIFIRMS44" :" :" :�F- Print Name and Title Pr4)t Name and Title Authorized Signature/ Hurricane Alley dater Park sfflllmnfflr� Authorized Signature / Port of Corpus Christi Solomon Ortiz Center Print Name and Title Letter of Agreement O- "J Page 2 of 2 � Marcia telly Subject: FW: SEA District name change —�-Original Message ----- Sent: Monday, June 17, 2013 1:50 PM To4 Bob Schulte Cc Mark Schaberg name cf��ng��i�S!Ek��Wq. Keith Arnold Chief Executive Officer Corpus Christi CVB Sent from my Whone Grp"'('ik Marcia Kelly ,, I Subject: FW: SEA District :4 Sent.-kda`, June A!3 9 fAM To: Bob Schulte Subject- RE: SEA District 1=1111 From: Bob Schulte [mailto:Robs@ jurrillprope bixom] Sent: Friday, June 21, 2013 9:35 AM To: Terry Klinger; Marcia Kelly Subject: SEA District Terry, the City has asked for a list of individuals involved, not stakeholders in SEA District, for their support of the name "SEA District". It was referred to in the past as SEA Town. A simple email response is all we need. I am trying to wrap this up today and get it to the City Managers Office. Robert L. Schulte Jr. Business Development 101 N. Shorialine Olvd, Suite 330, Corpus Christf, Tx 78401 Mobil/Text: (361) •„ 5-8755 Office- (361) 826-0688 sOdu g, E-Mbil* Bob rrillp to petty. com A - WI-IIIM011�1-1)9 M District is a viable and sustainable entity. This Agreement contains the entire understanding of the parties and there are no commitments, agreements, or understandings between the parties other than those expressly set forth herein, This agreement shall not be altered, waived, modified, or amended except in writing signed by the parties hereto and notarized. IN WITNESS WHEREOF, all parties have executed this Agreement on: Authorized Signature / SMG Management Pri! t Name and Title 1151111131030. "1. RITSKNEIMU 0=101- * -Im TMIW-Tff-- "UMT-10 M TXX i°�Qq METIMM Authorized Signature / Corpus Christ! Museurn of Science & History 751-gnamu 7-777-6mr- MM. q7 7 r Solomon Ohiz G�ente Print Name and Title Letter of Agreement ppPoy Page 2 of 2 oal 5 This Agreement contains the entire understanding of the parties and there are nocommitments, agreements, or understandings between the parties other than those expressly set forth herein. This agreement shall not be altered, waived, modified, or amended except in writing signed by the parties hereto and notarized, Print Name and Title Print Name and Title Print Name and Title Print Name e — (a 1701111 "Mot M-103=1 Print Name and Title Authorized Signature / Corpus Christi il,"luseurn of Science & History Authorized Signature I Port of Corpus Christi Solomon Ortiz Center Letter of Agreement firrpmvo� �� P� / Page 2o12 Marcia Kelix Subject: FW: SEA District From: Frank Brogan [malito:frank@pocca.com] Sent: Monday, June 17, 2013 1:34 PM To: Bob Schulte Cc: TTKIinger@ccRTA.or or g; iims(�)cctexasxom; karnold(&ccte?�� Subject: Re: SEA District Gentlemen, could you please respond with your support of the name change from SEA Town to SEA District. Wes Pierson has asked for them. Thanks. mz#�, e: VfIL Sc cc AGENDA MEMORANDUM Qk6RY First Reading for the City Council Meeting of August 20, 2013 Second Reading for the City Council Meeting of August 27, 2013 DATE: August 20, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 Constance Sanchez, Director of Financial Services ConstanceP @cctexas.com 361- 826 -3227 Ordinance amending the Rules and Regulations of the Utility Business Office CAPTION: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Article II, regarding the rules and regulations of the Utility Billing Office; providing for publication, providing for severance, and providing effective date. PURPOSE: To amend the ordinance regarding the rules and regulations of the Utility Business Office. BACKGROUND AND FINDINGS: These changes are necessary for the successful implementation of the Utility Business Office's new collection management program. It provides a consistent framework where equitable business processes are applied against each utility customer's account. ALTERNATIVES: OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON - EMERGENCY: This item requires two readings. The second reading is scheduled for August 27, 2013. DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2013 -2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Approval of the Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Article 11, regarding the rulesand regulations of the Utilities Eilling Office; providing for publication, providing for severance, and providing effective date. SELMON 1. Chapter 55, Utilities, Article 11 of the Code of Ordinances regarding the rules and regulations of the utilities business office is revised to read asfollows: ARTICLE 11. - RULES AND REGULATIONS OF THE UTILITIES BUSINESS OFFICE Sec. 55-25. - Security for the payment of bill and performance of other obligations by customer. Sec. 55-26. - M Sec. 55-27. - Payment of bills. Sec. 55-28. - M etering and testing of ineters. Sec. 55-29. - Maintenance of metering equipment on customeras premises and responsibility injuries for and damage therefrom. Sec. 55-30. - Limitation of liability of city for injuries and damages. Sec. 55-31 of the UtilitV Business Office Accounts Manarjer- Sec. 55-32. - it terms for application for utility service Sec. 55-33. - Discontinuance of service. Sec. 55-34. - Access jgpremises supplied with water. Sec. 55-35. - Collection agreements for collection of Sec. 55-36. - Customers' checks. Sec. 55-37. - Average Sec. 55-38. - Delinquent notices, late fees- service Charges for cutting off and reconnecting utility tampering, and replacing meters. woo Secs. 55-40-55-49. - Reserved. Sec. - option .y The rules and regulations provided in this article shall be followed by the Erg Utility Business Office c -of the city, and there is hereby adopted such rules and regulations for the operation of the rt w t tilit l in o C ffi c irr l illir fir utility orvi c-. (Code 1958, § 36 -6; Ord, No, 110079, § 1, 8 -2 -1972) Sec. 55-21. - aft ere tilit illir includes all se ices � � Unless otherwise specified, all provisions in this chapter shall apply to all utilities including water, gas, v tovv tor. rof o ro y lir c collectionLstreet m irrtenance fool; rry other City fool ro uested and authorized to o p lied to the utility Dill ley fl e customer- (Code 1958, § 38 -31 Ord, No, 11009, § 1A, 8 -2 -1972) Sec. 55-22. - Application or contract for se ice®, (a) (b) The utility business office accounts manager is authorized to establish procedures to process and accept applications for utility service, � An application or connection fee of twenty -five dollars ($25.00) is required for all applications for new service or transfers of service. (Code 1958, § 38 -6; Ord, No, 11009, § 1B, 8 -2- 1972, Ord, No, 25593, § 2, 12- 16- 20031 Ord, mica. 026383, § 1, 7-26 - 2005) ec® 55-23. - Rates schedules generally. P The rate schedule shall be on file in the t ltilitor lllir Cffic of the city, and copies may be obtained by the customer on request. The city's rates will be applied in accordance with and subject to the limitations as set out in each rate schedule. All rates are subject to change by any regulatory or governmental body having the legal right to do so and whenever the rate under which a customer is being served is changed by the city or any regulatory body, the rate as changed will be applied to the customer's service under their existing ount. (Code 1958, § 38 -31� Ord, No, 11009, § IC, 8 -2 -1972) -Sec. 55-24. - Optional rates. . When more than one (1) rate is available, the conditions and circumstances under which each of such rates is available shall be explained in the published rate schedules, and the selection of a rate from those available lies with and is the responsibility of the customer. The city shall, at the request of the customer, advise with and explain to the customer the conditions under which each rate is available and its application to the service requirements of the customer, but the city shall not be responsible for any failure of the customer to select the rate which will continue to be the lowest or most favorable to the customer, and shall not be responsible for the customer being served under the most favorable rate at all times. In no case shall the city make refunds due to the difference between the amount of charges under a rate selected or agreed upon by a customer and the amount the charges would have been under any other available rate. A customer, having selected or agreed to a rate, will not be entitled to a different rate available for his service unless and until flo rolsslfitlr i �rllto l the or ri to division d o oartmen (Code 1358, § 38 -3; Ord, No, 11009, § 1D, 8 -2 -1372) ec® . - Security for the payment of bill and performance of other obligations by customer. (a) (b) () The amount of the security deposit is c yip' e for rr otoro or�ri c fir ro l or tl l art f C nor metered service for commercial accounts. �� Tl�o t�tlllt;r llr�os Cffic 11 hero f €�o tl�c�rit�r n 11 a �t�rr�or o �slt f no;tlllt;r ant f€ i €�nnoto fir non- rrront and/or accounts that are issued final bill. The city will refund a security deposit, without interest, to a customer, upon the request of the customer, if all of the following conditions have been satisfied: (1) The customer has maintained service for at least twelve (12) consecutive months The customer's service was not disconnected during the preceding twelve (12) months and-, The customer has not been sent |inquend during the previous twelve (12) months and-, The account is not currently in arrears. A customer may claim a refund of a deposit owed by the city no later than one (1) year after termination of service to the account to which the deposit applies. Thereafter, such deposit shall become city property. 1904 Qn1 No 21093, § t 3-5-19911 Qni No 24530 § t 7-24-200t Ord, No 25593 § 3, 12-16-2003) Sec. 55-26. ~Monthly bills.�� (a) (b) (c) (d) Bills for service will be rendered monthly unless otherwise specified. The term ^rnonth|v^ for billing purposes shall mean twelve times oervear, Failure to receive a bill in no way exempts a customer from payment of bills. When the city ie unable to r reasonable effort due toa condition created by the customer or custodian of the premises, the customer will be billed at the averac e of the ast three ( -revious monthh/ bills, calculated when the meter was in order a ` s s � and the billing adjusted when the meter is read. Estimated bills will not exceed six consecutive bills in an €area twelve mon l eno . (Curie 1958, § 33 -6; Ord, No, 11009, § 12, 8 -2 -1972, Ord, No, 21093, § 2, 3 -5 -1991; Ord, No, 25593, § 2, 12-16 - 2003) Formerly numbered § 55 -27. Sec. 55-27. - Payment of lbills.e Any payment on any bill less than the total will be applied by the city utility billing office ' � ` . fo est� �tilite� t�sre or street maintenance foe, or otter foe, on o pro rota basis- (Code 1958, § 33 -6; Ord, No, 11009, § 1L, 8 -2 -1972) Formerly numbered § 55 -28. ec® - Metering and testing of meter '� (a) The customer shall provide at a point on his premises, to be mutually agreed upon, a suitable location for the installation of meters and such other equipment as city may deem necessary to enable it to deliver water and gas under this chapter and shall properly protect the city's property on the customer's premises and permit no one to inspect or tamper with the city's installation, apparatus and equipment, except the city's agents and persons authorized by law to do so. All bills shall be calculated upon the registration of such meters. (b) Should any meter fail to register, the water or gas delivered during the period of failure shall for billing purposes be estimated at the average of the past three (3) previous monthly bills, calculated when the meter was in order. Estimated bills will not exceed six consecutive bills irr or�� c�irrerr twelore rr�carrtl� erir�. (c) The city with or without request of the customer may inspect and test meters and whenever any test shall show a meter to be registering in error exceeding two (2) per cent, such meter shall be replaced or adjusted within the limits of error so specified and whenever the meters are so adjusted, the readings thereof shall be corrected, and payments made accordingly. No corrections shall be made, as to any bill rendered by the city, unless requested before the expiration of the six calendar month t-succeeding the month in which such readings were made. (d) A fee of sixty dollars ($60.00) will be charged to the customer who requests a test of their meter if the meter tests within the two (2) per cent limit of error. (Cade 1958, § 33 -5; Card, No, 11009, § IG (Rule 2), 8 -2 -1972, Ord, No, 026333, § 2, 7 -26 -2005) Formerly numbered § 55 -29. Sec. 5- Maintenance of metering equipment on customer's pr i an responsibility for injuries and damage therefrom., � The customer shall maintain the premises in full compliance with all laws and local ordinances and the rules and regulations of the city effective at any time during the term of service agr-� on flie account. The duly authorized agents of the city shall have free access at all reasonable hours to the premises of the customer for the purpose of inspecting installations and equipment, removing the property, reading meters and for other purposes incident to the performance of the service and this article. The city does not, however, assume any duty of inspecting the customer's plumbing, apparatus, machinery or equipment, and will not be responsible therefor, and it is particularly understood that the customer assumes full responsibility for water and gas furnished to him at any location beyond the point of delivery, described as being the point where the water and gas first leaves the meter and enters the line provided or owned by the customer, and agrees to protect and hold harmless the city from all claims for injuries and damages to persons and property occurring upon the premises of the customer, except where it is shown that the negligence of the city or its agents were the sole proximate cause of such injury or damage. (Code 1958, § 33 -5; Card, No, 11009, § IH, 8 -2 -1972) Formerly numbered § 55 -30. c® -30. - Limitation of liability of city for injuries and damages.e The city will not be responsible or liable for injuries or damages caused by or resulting from failure to furnish service of the kind and amount contracted for or injuries and damages resulting from the performance or nonperformance of any acts or things by the city required of it or in anywise connected with the furnishing of service by city, unless it be shown that the negligence of the city or its agents were the sole proximate cause of the injury or damage complained of. (Cade 1958, § 35 -61� Card, No, 11009, § 1/, 8 -2 -1972) Formerly numbered § 55 -31. Sec. -31. - s Office Accounts aaer° The UtilitV Business Office c Accounts Mani r is €y in the authority to use discretion in I irr t€ o o r is r roc l tir rr err itic rr dictate. No other agent or employee of the city has the authority to amend, modify, alter or waive any of the terms and conditions of the service y m and this article, or to bind the city by making any promises or representations not contained therein. (Code 1958, § 33 -3; Ord, No, 11009, § 1J, 8-2-1972) Formerly numbered § 55 -32. ec® 55-32. - City's standard terms for application for utility servicee The city's standard terms for utility service include the following: (1) (2) (3) The applicant further agrees to release and discharge the city from any liability for damages suffered: a. 31 C. By reason of water or gas or sewer service furnished to the premises; By reason of interruption discontinuance, or disconnection of service hereunder from any cause other than negligence by the city; or By reason of the condition, maintenance, location or systems located on or adjoining the property supplied, and by which such services are furnished or delivered. The applicant shall acknowledge that the applicant is the owner or person entitled to possession of the premises, legally liable for payment for services, and may be required to provide documentation to establish applicant's right to possession of the premises, to include a ornloerhi tax statement or, duly authorized to o er orrt —. (Code 1958, § 33 -6; Ord, No, 11009, § 1K, 8 -2 -1972, Ord. Pace. 25593, § 2, 12 -16 -2003) Formerly numbered § 55 -33. Sec. 55-33. - Discontinuance of c ice.' -, (a) (b) When any t I t _customer of the city depa4r t4t purchases any article from the city or is indebted for any appliance, connection or service anywhere in the city and the indebtedness or any installment is delinquent, the services of the customer may be disconnected at the location of the article or appliance and not reconnected until all delinquencies including penalties and reconnection charges have been paid and the account restored to a current nondelinquent status. (Code 1958, § 33 -6; Ord, No, 11009, § 1 (Rule 3), 8 -2 -1972, Ord, No, 25593, § 2, 12 -16 -20031 Ord. No, 026836, § 1, 6 -27 -2006) Formerly numbered § 55 -34. c® 55-34. - Access to premises supplic it it utilities.., the Citor ro uired t to motor or it�r o �i r out shall have free access, at all reasonable hours of the day, to all parts of any premises to which wate-r:-rsutilifies are supplied. This will include ernolovees from the Water D rte en't, Gas Department Utili+w Business C ffl c, oli c Dee rtment and Animal Control, Animal Control will have the authoritv to eize are animal that is res on iblo ford rirr c to the owners motor for connection disconnection or maintenance of utilities. Formerly numbered §55-35. m� Sec. 55-35. - Collection agreements for collection of utility bills., The Js authorized bJenter Formerly numbered § 55-36. Sec. 55-36. - Customers' checks_�11� Any customer issuing a check to the city for payment of a utility account shall be charged for the handling of said check if the check is returned as non negotiable/noncas hable by the city's bank of deposit for reason of no funds, account closed or for any other reason. The nonpayment of such charge authorized under Chauter 17, section could result inthe service being diSCDOO8Ct8d, Formerly numbered § 55-38. Cross reference-- Servicechage for retumed checks, §/�2. (Ord, No. 25393, § 2, 12 -16 -2003) Formerly numbered § 55 -39. c® 55-38. - Delinquent notices, late fees; service charges for cutting off an reconnecting utility services, unauthorized usage of utility services, meter tampering, a4W-replacing meters, accessibility chart 1 (a) (b) (c) (d) (e) The city will mail a delinquent notice -; with the b o ont bill issued to the customer. The notice must-will advise the customer that service is subject to being disconnected on or after the ; basin day from the date theo�bill was is issued if payment in full is not received. If payment for the delinquent bill has not been received in the utilities business office prior to 8:00 a.m. on the date specified in the notice, the customer's water and gas meters are subject to being disconnected, locked, sealed or removed without further notice. A late fee must be charged if customer does not make full payment by the -&duo date. The late fee is five (5) per cent of the unpaid, overdue balance. The customer's failure to receive the notice does not exempt the customer from paying the delinquent bill or having the customer's service disconnected., Service charges will be assessed for the costs of handling and collecting a delinquent account, including the costs of disconnecting service and actions taken to prevent further unauthorized use of the utility. The service charges must be paid if payment of the delinquency is not made prior to 8:00 a.m., on the date which the customer has been previously notified that the customer's utility service is to be disconnected due to failure to pay a delinquent billy The customer's failure to receive notification of date to be disconnected does not exempt the customer from paying the service charge. The service charges, include, but are not limited to: (1) (2) Basic service charge for rllr ollrort art irlo lrirloro gvor i l ��initial field visit on a delinquent account: $40-40_$,50,00 Additional service charges for tampering with utility meter after service is cutoff: a. Tampering with utility service fee: $50.00 b. Fee for broken utility meter lock: 0 0 C. Fee for installing flange between utility meter and distribution line: $4-5-,W$75,00 d. Fee for pulling utility meter: 0 $75,00 e. Fee for installing utility meter plug: $50.00 f. Fee for disabling water tap: $115.00 (3) Service charge for after hours, weekend, and holiday replacement or reconnection of a utility meter after utility service is cutoff by authorized city employees: . 75,00 (4) Additional service charges imposed if utility meter is bypassed after utility service is cutoff: a. Tampering with utility service fee: $50.00 b. Fee for installing utility meter plug: $50.00 C. Fee for disabling water tap: $115.00 d. Unauthorized consumption surcharge: 0_$ X00.00 e. Minimum charge for unmetered consumption: 1. Water consumption of 25,000 gallons per billing cycle. 2. Gas consumption at 20,000 MCF per billing cycle. 3. Wastewater consumption of 25,000 gallons per billing cycle. (5) (f) (g) (h) (6) Additional service charges imposed for unmetered utility services: a. 17 C. Tampering with utility service fee: $50.00 Fee for disabling sanitary sewer tap: $500.00 Fee for removing unauthorized sewer tap: $500.00 If a utility tap is disabled or removed, an application for a new tap and payment of all applicable tap fees under article V of this chapter is required before utility service can be restored to the premises. �� or�ric tiro fir �llc o�rt � Ire c � �tlllt�! rr�otor�� {} or�ri c t r o fir r irr l C r tr l irr p� r rr ent of customer cots to Ire c S to till motor( }: Iti r l r €rr l C r tr l irr ndment fool will be apolied kw r €rr l Control to release customer's Dot to the owners, Utility meters removed due to failure to pay a delinquent bill or service or penalty charges shall be replaced only upon payment of all required service charges required by subsection (e) of this section. Y . The breaking, damaging, adjusting, changing, removal or taking of any meter, pipe service connection, lock, seal, valve or any other city -owned property shall be unlawful and punishable as a misdemeanor. The turning on of any valve so as to provide service from any utility service, except by an authorized employee of the city, is subject to all required fees, service charges, and surcharges required by subsection (e) of this section and is unlawful and punishable under the Texas Penal Code. U) (k) For purposes of this section, a person who owns or otherwise has the apparent present right of possession and control of the premises where the utility meter, seal, valve, pipe, or other city -owned property, which has been broken, damaged, adjusted, changed, cut, removed, turned, or otherwise altered, is situated and is presumed to be the person who violated or allowed the violation of subsection (h) of this section. But the person has the right and burden of proof to show that the person did not break, damage, adjust, change, cut, remove, turn, or otherwise alter the utility meter, seal, valve, pipe, or other city -owned property in violation of subsection (h) of this section. Any person whose name is on file with the utilities business office as the customer on the water account for the property where the violation of subsection (h) of this section occurs is presumed to be a person in apparent control of the premises. The customer has the right and burden of proving that they did not have control of the premises at the time of the violation. The record owner of the property may show that they did not own the property at the time of the violation by executing an affidavit stating: (1) That the record owner did not own the property on the date of the alleged violation; and (2) The name and last known address of the person who acquired the property from the record owner. (Ord, No. 25393, § 10, 12 -13 -2003; Ord, No, 023383, § 3, 7-26-2005) Formerly numbered § 55 -40. Sec. 55-39. - Fee for estimating meter reads to inaccessibil to the mater ®, (a) The monthly fee for estimating a meter read duo to inaccessibility is forty dollars ($40.00). 04 (b) (d) The fee for estimating a meter read is in addition to and separate from the monthly estimated meter billin . For purposes of this section, the estimated meter reading is calculated by the following formula: vv € rr t r i r F tier t l 111 will not exceed six consecutive bilk in €ors tvv�lor� rr�ca�tl� ��ri�. (Ord, lace. 027973, § 1, 12 -9 -2008) eCS® 55-40-55-49. eSe e ®ref FOOTNOTE(S): -_ (2) _.__ Editor's not Ord, No, 25593, § 1, adopted Dec, 16, 2003, amended the title of art. fl. The previous title of art, fl was "Rules and Regulations of Department of Public Utilities," Back SECTION 2 . The revisions established in Section 1. Of this ordinance shall take effect on or after the first day of September 2013. 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 Mdntyre Rudy Garza PrisdIIa Leal Lillian Rojas Mark Cott PAS` )ANDARTEVED,thisthe day of That the foregoing ordinance was read for the second time and passed finally on this the by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen Mdntyre Rudy Garza PrisdIIa Leal David Loeb ti1 - - -• :D thisthe day of Lillian Rojas Mark Cott day of Armando Chapa Nelda Martinez City SBcretary Mayor FE I h Mot AGENDA MEMORANDUM Future Item for the City Council Meeting of August 20, 2013 Action Item for the City Council Meeting of August 27, 2013 DATE: August 20, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826 -3227 Authorization for the Issuance of Utility System Revenue Bonds CAPTION: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for one or more series of City of Corpus Christi, Texas Utility System Revenue Bonds, in an aggregate principal amount not to exceed $106,000,000. B. Ordinance authorizing the issuance of one or more series of City of Corpus Christi, Texas Utility System Revenue Bonds, in an aggregate principal amount not to exceed $106,000,000, pursuant to the delegation provisions set forth herein; making provisions for the payment and security thereof of a parity with certain currently outstanding Utility System revenue obligations; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; prescribing the forms, terms, conditions, and resolving other matters incident and related to the issuance, sale and delivery of each series of bonds; including the approval and distribution of one or more Official Statements pertaining thereto; authorizing the execution of one or more paying agent/registrar agreements, and one or more purchase contracts; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; establishing the City's intention to reimburse itself from the proceeds of any such series of bonds for the prior lawful expenditure of funds to construct various City improvements; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of each series of bonds; and providing an effective date. PURPOSE: The City plans on issuing up to $106,000,000 of Utility System Revenue Bonds to fund utility projects outlined in Year 1 of the Fiscal Year 2014 Capital Improvement Plan, exclusive of the Mary Rhodes Water Supply Pipeline Phase 2 project for which we will be proposing additional utility revenue bonds at a later date. BACKGROUND AND FINDINGS: Part A: Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the Mayor, City Manager, Assistant City Manager, and Director of Financial Services in Part B of this agenda item. WN: II With the beginning of the new fiscal year, it is the City's intent to fully fund the utility projects outlined in Year 1 of the Fiscal Year 2014 Capital Improvement Plan (CIP) with Utility System Revenue Bonds. Included in these bonds will be funding for capital expenditures related to the acquisition, construction, equipping, or furnishing of any project or facility related to the City's Combined Utility System. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and the Director of Financial Services (the "Delegated Officials ") the authority to effect the sale of the bonds subject to the following parameters: (1) the principal amount of each series of bonds may not exceed $106,000,000; (2) none of the bonds shall bear interest at a rate greater than 7% per year, and (3) the bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the bonds to the Delegated Officials in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. In addition, this ordinance gives the City the authority to reimburse itself from bond proceeds for qualifying expenditures. In order to adhere to the time schedules to insure timely completion of the CIP projects, the City must move forward with contracts prior to the completion of the final closing on the bonds. These amounts will not exceed $105,000,000. For the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON- EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and /or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $106,000,000 - $ 106,000,000 Encumbered /Expended amount of (date) - - - - This item - $106,000,000 - $ 106,000,000 BALANCE - - - - FUND(S): CIP Funds COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Financial Advisor Fee Schedule Ordinance DRAFT OF AUGUST 9, 2013 ORDINANCE NO. AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM REVENUE IMPROVEMENT BONDS, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $106,000,000, PURSUANT TO THE DELEGATION PROVISIONS SET FORTH HEREIN; MAKING PROVISIONS FOR THE PAYMENT AND SECURITY THEREOF ON A PARITY WITH CERTAIN CURRENTLY OUTSTANDING UTILITY SYSTEM REVENUE OBLIGATIONS; STIPULATING THE TERMS AND CONDITIONS FOR THE ISSUANCE OF ADDITIONAL REVENUE BONDS ON A PARITY THEREWITH; PRESCRIBING THE FORMS, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF EACH SERIES OF BONDS; INCLUDING THE APPROVAL AND DISTRIBUTION OF ONE OR MORE OFFICIAL STATEMENTS PERTAINING THERETO; AUTHORIZING THE EXECUTION OF ONE OR MORE PAYING AGENT/REGISTRAR AGREEMENTS, AND ONE OR MORE PURCHASE CONTRACTS; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ANY SUCH SERIES OF BONDS FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS TO CONSTRUCT VARIOUS CITY IMPROVEMENTS; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF EACH SERIES OF BONDS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has heretofore issued, and there are currently Outstanding, revenue bonds (the Previously Issued Priority Bonds) secured by a first and prior lien on and pledge of the Net Revenues (as hereinafter defined) of the City's combined utility systems (as further described and defined herein, the System); and WHEREAS, in the City ordinances authorizing the issuance of the Previously Issued Priority Bonds, the City reserved the right to issue revenue bonds on a parity with the Previously Issued Priority Bonds; and WHEREAS, the City Council has heretofore authorized the issuance of revenue bonds (the Junior Lien Obligations) secured by a lien on and pledge of Net Revenues that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds; and 79017907.5 WHEREAS, in the City ordinances authorizing the issuance of the Junior Lien Obligations, the City reserved the right to issue revenue bonds on a parity with the Junior Lien Obligations from time to time outstanding; and WHEREAS, the City Council has heretofore entered into a certain Federal Contract (as hereinafter defined) supported by a lien on and pledge of the Net Revenues of the System inferior to the lien thereon and pledge thereof securing the Previously Issued Priority Bonds the Junior Lien Obligations, and the Previously Issued Subordinate Lien Obligations (such Federal Contract, the Previously Issued Inferior Lien Obligations); and WHEREAS, the City deems it appropriate and in its best interest to issue the hereinafter authorized revenue bonds, in one or more series, for the primary purpose of acquiring, purchasing, constructing, improving, repairing, extending, equipping, and renovating the System; and WHEREAS, the City Council hereby finds and determines that, pursuant to the authority provided by Chapter 1371, as amended, Texas Government Code (Chapter 1371), the delegation to each Authorized Official (defined herein) of the authority to execute an Approval Certificate relating to each series of bonds issued hereunder (a form of which certificate is attached hereto as Schedule I) to establish and approve the final terms of sale of any such series of bonds (within the parameters specified herein) is in the best interest of the City; and WHEREAS, the City is empowered by the provisions of Chapters 1371 and 1502, as amended, Texas Government Code, and the City's Home Rule Charter to issue revenue bonds in the manner herein contemplated; and WHEREAS, prior to the issuance of a series of bonds hereunder, the City may elect to initially utilize other lawfully available funds to enter into various contracts to finance some or all of the capital costs associated with the System improvements for which bonds are to be issued hereunder; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the System improvements for which bonds are issued hereunder, may be used to reimburse the City for costs attributable to such project or facilities paid or incurred before the date of issuance of such bonds; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150 -2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the City intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of a series of bonds issued hereunder; and 79017907.5 -2- WHEREAS, under the Regulations, to fund such reimbursement with proceeds of bonds issued hereunder, the City must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the City Council hereby finds and determines that the reimbursement for the prior expenditure of funds of the City is not inconsistent with the City's budgetary and financial circumstances; and WHEREAS, the City Council hereby finds and determines that the actions authorized hereby and the adoption of this Ordinance are in the best interest of the citizens of the City, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: Bonds Authorized. One or more series of revenue bonds of the City shall be and are hereby authorized to be issued, from time to time and in accordance with the limitations described in Section 2, to be designated CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM REVENUE IMPROVEMENT BONDS (as further designated by series and to reflect to the priority of the lien on revenue securing the repayment thereof, pursuant to Section 2) (each such series, the Bonds), under and in accordance with the terms of this ordinance (the Ordinance), for the purposes of (i) acquiring, purchasing, constructing, improving, repairing, extending, equipping, and renovating the System and (ii) paying the costs of issuance relating thereto. The Bonds shall be payable from and equally and ratably secured by a lien on and pledge of the all or a portion of the Net Revenues (at such level of priority as is determined by an Authorized Representative in accordance with Section 2), which pledge shall be on parity with the lien on and pledge of the City's utility system revenue bonds from time to time outstanding that are payable from a lien on and pledge of Net Revenues at such level of priority. The Bonds are authorized to be issued pursuant to the authority conferred by and in conformity with the laws of the State of Texas, including, particularly Chapters 1371 and 1502, as amended, Texas Government Code (together, the Act), the City's Home Rule Charter, and this Ordinance. SECTION 2: Delegation of Authority. As authorized by Chapter 1371, as amended, Texas Government Code (Chapter 1371), the Mayor of the City, the City Manager of the City, the Assistant City Manager for General Government and Operations Support, and the City's Director of Financial Services (each of the foregoing, an Authorized Official are hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering the Bonds authorized herein and carrying out the procedures specified in this Ordinance, including the: (1) Aggregate principal amount of each maturity of the Bonds; (2) Rate of interest to be borne on the principal amount of each maturity; (3) Interest payment dates; (4) Extraordinary, optional, and /or mandatory redemption provisions; 79017907.5 -3 - (5) Pricing of each series of Bonds, including use of premium, discount, underwriters' compensation, and costs of issuance; (6) Underwriting syndicate for each series of Bonds, including the identification of the senior and book running manager and co- managers, respectively, for each such series; (7) Dated Date (defined herein); (8) Priority of the pledge of and lien on Net Revenues securing the repayment of the particular series of Bonds (being a pledge of and lien on Net Revenues that is on parity with the lien thereon and pledge thereof that secures the Previously Issued Priority Bonds or the Junior Lien Obligations, respectively); and (9) Further designation of each series of Bonds by year issued, number of similarly- secured series of bonds issued during the then - current calendar year, and the priority of lien on and pledge of Net Revenues securing such series of Bonds. Each series of Bonds issued under this Ordinance shall be issued within the following parameters: (1) The total principal amount of all series of Bonds issued hereunder shall not exceed $106,000,000; (2) The maximum maturity for any series of Bonds issued hereunder shall be July 15, 2053; (3) On a combined basis by series (and not on a per maturity basis within a series), the maximum true interest cost (as determined by federal arbitrage yield) applicable to any series of Bonds issued hereunder shall not exceed a rate greater 7% per annum, calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code; (4) The final series of Bonds issued hereunder must be sold not later than August 27, 2014 (though the closing of a particular series of Bonds sold in accordance with this provision may occur after August 27, 2014, so long as such closing period is determined by an Authorized Representative to be of reasonable duration); and (5) Each series of Bonds must be sold on a negotiated basis to an underwriting syndicate selected in accordance with this Section 2 (as provided in subpart (6) above). In addition to the foregoing, each Authorized Representative is authorized to select the bond insurer and /or debt service reserve fund surety provider, if any, with respect to the Bonds. If the Authorized Representative chooses to purchase a debt service reserve surety policy or similar credit facility relating to the Bonds, then the Authorized Representative shall be permitted to execute an insurance or similar reimbursement agreement in substantially the form attached hereto as Exhibit F (which form is hereby approved) in connection with such purchase. The execution of the Approval Certificate shall evidence the sale date of the Bonds by the City to the Purchasers in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, the Bonds shall not be delivered unless 79017907.5 -4- prior to their initial delivery, the Bonds have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete a substantially similar version of this Ordinance, completed (as appropriate) with the information included in the applicable Approval Certificate and by incorporation of the terms of Exhibit A or Exhibit B hereto (as applicable) into Section 9 hereof, to reflect such final terms of the applicable series of Bonds issued hereunder. SECTION 3: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Dated Date. The Bonds are issuable in fully registered form only; shall be dated ' 2013 (the Dated Date) shall be in denominations of $5,000 or any integral multiple thereof, shall be lettered "R -" and numbered consecutively from One (1) upward and principal shall become due and payable on July 15 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Dated Date, or the most recent Interest Payment Date to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the rates per annum in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates 79017907.5 -5- SECTION 4: Payment of Bonds - Interest Payments - Paving A_en_isg tg t /Reray. The principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The Bonds shall bear interest on the unpaid principal amount thereof at the per annum rates shown above in Section 3, computed on the basis of a 360 -day year of twelve 30 -day months, and interest thereon shall be payable semiannually on January 15 and July 15 of each year (the Interest Payment Date), commencing [ 20], while the Bonds are Outstanding. The selection and appointment of , Texas, to serve as the initial Paying Agent /Registrar (the Paying Agent /Registrar) for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent /Registrar Agreement, attached, in substantially final form, as Exhibit D hereto, and such reasonable rules and regulations as the Paying Agent /Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent /Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent /Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent /Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent /Registrar. The City reserves the right to appoint a successor Paying Agent /Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first -class postage prepaid, which notice shall also give the address of the new Paying Agent /Registrar. Both principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent /Registrar as hereinafter provided (i) on the Record Date (defined herein) for purposes of payment of interest thereon and (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof at the Bonds' Stated Maturity or upon prior redemption of the Bonds. The City and the Paying Agent /Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent /Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of, and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent /Registrar at its corporate trust office. Interest on 79017907.5 -6- the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the last business day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent by United States mail, first -class postage prepaid, by the Paying Agent /Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent /Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent /Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first -class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 5: Redemption. A. Mandatory Redemption of Bonds. The Bonds stated to mature on July 15, 20 [—] and July 15, 20[], respectively, are referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund (but not the Reserve Fund) for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on July 15 in each of the years as set forth below: Term Bonds Stated to Term Bonds Stated to Mature on July 15, 20[ Mature on July 15, 20[ Principal Principal Year Amount ($) Year Amount ($) *Payable at stated maturity 79017907.5 -%- The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such stated maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent /Registrar at the request of the City with money in the Bond Fund (but not the Reserve Fund), or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. Optional Redemption. The Bonds having Stated Maturities on and after July 15, 20[_] shall be subject to redemption prior to Stated Maturity, at the option of the City, on July 15, 20[_], or any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent /Registrar), at the redemption price of par plus accrued interest to the date of redemption. C. Exercise of Redemption Option. At least forty -five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent /Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the City Council. D. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent /Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent /Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States Mail, first -class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent /Registrar 79017907.5 -g- only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent /Registrar, then on the redemption date designated in such notice, interest on said Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue, and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street dournal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). F. Transfer /Exchange. Neither the City nor the Paying Agent /Registrar shall be required (i) to transfer or exchange any Bond during a period beginning forty -five (45) days prior to the date fixed for redemption of the Bonds or (ii) to transfer or exchange any Bond selected for redemption, provided; however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 6: Execution - Registration. The Bonds shall be executed on behalf of the City by its Mayor, its seal reproduced or impressed thereon, and attested by the City Secretary. The signature of either officer on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers (defined herein), all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 9A(3), executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 9A(4), executed by the Paying Agent /Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. SECTION 7: Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent /Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent /Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent /Registrar. 79017907.5 -9- Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent /Registrar, the City shall execute and the Paying Agent /Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of the same series and of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent /Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Bonds, to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent /Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent /Registrar shall require payment by the Holder requesting such transfer or exchange of any fee, tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Bonds, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 15 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 8: Initial Bond(s). The Bonds herein authorized shall be issued initially either (i) as a single fully- registered Bond in the total principal amount of $ with principal installments to become due and payable as provided in Section 3 and numbered T- 1, or (ii) as one (1) fully- registered Bond for each year of Stated Maturity in the applicable principal amount and denomination and to be numbered consecutively from T -1 and upward (the Initial Bond(s)) and, in either case, the Initial Bond(s) shall be registered in the name of the initial purchasers or the designee thereof. The Initial Bond(s) shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchasers. Any time after the delivery of the Initial Bond(s), the Paying Agent /Registrar shall cancel the Initial Bond(s) delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchasers, or the 79017907.5 -10- designee thereof, and such other information and documentation as the Paying Agent /Registrar may reasonably require. SECTION 9: Provisions Applicable to the Bonds Based on Priority of Lien on and Pledge of Net Revenues. [Insert terms indicated in Exhibit A thereto if the particular series of Bonds are issued as Additional Priority Lien Bonds or the terms indicated in Exhibit B if the particular series of Bonds are issued as Additional Junior Lien Obligations.] SECTION 10: Security of Funds. All money on deposit in the funds or accounts for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and money on deposit in such Funds or accounts shall be used only for the purposes permitted by this Ordinance. SECTION 11: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedy herein provided shall be cumulative of all other existing remedies and the specification of such remedy shall not be deemed to be exclusive. For the avoidance of doubt, no default with respect to any obligation that is secured by and payable from a lien on and pledge of Net Revenues that is junior and subordinate to the lien thereon and pledge thereof securing the Priority Bonds shall ever be deemed to be a default with respect to the Priority Bonds. SECTION 12: Notices to Holders Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first -class postage prepaid, to the address of each Holder as it appears in the Security Register. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent /Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 79017907.5 -11- SECTION 13: Bonds Are Negotiable Instruments. Each of the Bonds authorized herein shall be deemed and construed to be a "security" and as such a negotiable instrument with the meaning of the Chapter 8 of the Texas Uniform Commercial Code. SECTION 14: Cancellation. All Bonds surrendered for payment, transfer, redemption, exchange, or replacement, if surrendered to the Paying Agent /Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent /Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent /Registrar. The City may at any time deliver to the Paying Agent /Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent /Registrar. All canceled Bonds held by the Paying Agent /Registrar shall be destroyed as directed by the City. SECTION 15: Mutilated, Destroyed, Lost, and Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent /Registrar, or the City and the Paying Agent /Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent /Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent /Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses (including attorney's fees and the fees and expenses of the Paying Agent /Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 16: Sale of Bonds - Official Statement Approval — Approval of Purchase Contract — Use of proceeds. The Bonds authorized by this Ordinance are hereby sold by the City to , , Texas, as the authorized representative of a group of underwriters (the Purchasers, and having all the rights, 79017907.5 -12- benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract dated , 20 (the Purchase Contract) attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes. The pricing terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. The Initial Bonds shall be registered in the name of Any Authorized Representative is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by an Authorized Representative), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated , 20, in the reoffering, sale and delivery of the Bonds to the public. The Mayor and /or City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. Proceeds from the sale of the Bonds shall be applied as follows: A. The City received a net original reoffering premium from the sale of the Bonds of $ , $ of which is hereby allocated by the City to pay certain costs of issuance and the balance allocated by the City in the manner described in Subsection B below. B. The balance of the proceeds (after paying other costs of issuance and the other deposits referred to in paragraph A above) shall be deposited into the special construction account or accounts created for the projects to be constructed with the Bond proceeds. This special construction account shall be established and maintained at the City's depository bank and shall be invested in accordance with the provisions of Section 9I of this Ordinance. Interest earned on the proceeds of the Bonds pending completion of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 9E. 79017907.5 -13 - SECTION 17: Covenants to Maintain Tax - Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148 -1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 -1(c) of the Regulations, of the Bonds. Investment has the meaning set forth in Section 1.148 -1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148 -1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (a) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations; and (b) the Bonds has the meaning set forth in Section 1.148 -4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. 79017907.5 -14- C. No Private Use or Private Payments. Except as would not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except as would not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds, to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except as would not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and in such place as the Secretary may prescribe. 79017907.5 -15- H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148 - 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. L Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have 79017907.5 -16- resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. J. Bonds Not Hedge Bonds. (1) The City reasonably expects to spend at least 85% of the spendable proceeds of the Bonds within three years after such Bonds are issued. (2) Not more than 50% of the proceeds of the Bonds will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Elections. The City hereby directs and authorizes each Authorized Official, or any combination of them, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. Such elections shall be deemed to be made on the Closing Date. SECTION 18: Control and Custody of Bonds. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Bonds pending their approval by the Attorney General of the State of Texas, the registration thereof by the Comptroller of Public Accounts of the State of Texas and the delivery of the Bonds to the Purchasers. Furthermore, any Authorized Official or any combination of them are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the City's Bond Counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond(s) to the Purchasers. SECTION 19: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the lien on and pledge of System Revenues made under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. The Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent /Registrar or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient 79017907.5 -1 %- money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent /Registrar have been made) the redemption date thereof for the Bonds. In the event of a gross defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent /Registrar, or another qualified third party concerning the deposit of cash and /or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Bonds. The City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 17 hereof). Any money so deposited with the Paying Agent /Registrar, and all income from Government Securities held in trust by the Paying Agent /Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent /Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Bonds such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 20: Ordinance a Contract, Amendments - Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, binding on the City and its successors and assigns, and it shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or 79017907.5 -18- times of payment of the principal of and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 21: Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to their being furnished a final opinion of Fulbright & Jaworski LLP, as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of said Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City's Secretary is hereby approved and authorized. SECTION 22: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 23: Effect of Headings; Definition of Terms. The Section headings herein are for convenience only and shall not affect the construction hereof. Capitalized terms used herein without definition shall have the applicable meaning ascribed thereto in Exhibit C hereto, which is hereby incorporated by reference as though reproduced herein. SECTION 24: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent /Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, Financial Advisors, the Paying Agent /Registrar, and the Holders. SECTION 25: Inconsistent Provisions. All resolutions and ordinances, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. SECTION 26: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 27: Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 28: Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this 79017907.5 -19- Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 29: Authorization of Paying Agent/Registrar _ Agreement. The City Council hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent /Registrar Agreement concerning the payment, exchange, and transferability of the Bonds. A copy of the Paying Agent /Registrar Agreement is attached hereto, in substantially final form, as Exhibit D and is incorporated by reference to the provisions of this Ordinance. SECTION 30: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 31: Continuing Disclosure of Information. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the intereet through the uniform resource locator (URL) http: / /www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2 -12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2013, financial information and operating data with respect to the System of the general type included in the final Official Statement authorized by Section 16 of this Ordinance, being the information described in Exhibit F hereto, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit F hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such financial statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited financial statements for the applicable fiscal year to the MSRB, when and if the audit report on such statements becomes available. If the City changes its fiscal year, it will file notice thereof with the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. 79017907.5 -20- C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non - payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of Holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional Paying Agent /Registrar or the change of name of a Paying Agent/Registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has 79017907.5 -21- assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the 79017907.5 -22- provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word - searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the United States Securities and Exchange Commission. SECTION 32: Book -Entry Only System. The Bonds are initially registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bond(s) described in Section 8) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent /Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit H (the Representation Letter). 79017907.5 -23- With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent /Registrar shall have no responsibility or obligation to any broker - dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent /Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 33: Declaration of Intent to Reimburse for the Prior Expenditure of Certain Expenses. This Ordinance shall serve as a declaration of intent to establish the City's reasonable, official intent under Section 1.150 -2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Bonds for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the City's General Fund or other lawfully available funds of the City. 79017907.5 -24- The City intends to issue one or more series of Bonds hereunder and, within 30 days after the date of issuance of a series Bonds, allocated the proceeds therefrom to reimburse the City for prior lawful expenditures with respect to the System improvements for which the Bonds are issued in a manner to comply with the Regulations. Any such reimbursed expenditures will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principals. The City intends to otherwise comply, in addition to those matters addressed within this Ordinance, with all the requirements contained in the Regulations. With respect to the proceeds of a series of Bonds allocated to reimburse the City for prior expenditures, the City shall not employ an abusive device under Section 1.148 -10 of the Regulations, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of such series of Bonds in a manner that results in the creation of "replacement proceeds ", as defined in Section 1.148 -1 of the Regulations, of the particular series of Bonds or another issue of tax - exempt obligations. SECTION 34: Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Agreement, the Paying Agent /Registrar Agreement, and the Purchase Contract. In addition, prior to the initial delivery of the Bonds, each Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 35: Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent /Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 36: No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. 79017907.5 -25- SECTION 37: Automatic Budget Amendments to Reflect Final Debt Service Payments. To the extent that the City Council has adopted an annual budget that includes payment of debt service on any Bonds issued (or to be issued) pursuant to this Ordinance based on the City's reasonable expectations and projections relative to those Bonds, such budget entries shall, upon the issuance of Bonds, be automatically adjusted to reflect actual debt service payments on those Bonds coming due during the period of time covered by such budget. Each Authorized Official, or the designee thereof, is authorized to make such necessary budget entries and /or adjustments to reflect these final debt service amounts. SECTION 38: Covenants of Compliance. The City shall faithfully and punctually perform all duties with reference to the System required by the Act, all other applicable laws of the State of Texas, and the provisions of this Ordinance and that the City shall render no free service to any customers or other persons. SECTION 39: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine, or neuter gender shall be considered to include the other genders. SECTION 40: Effective Date. This Ordinance shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank.] 79017907.5 -26- SIGNED AND SEALED THIS 27th DAY OF AUGUST, 2013. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (SEAL) APPROVED THIS DAY OF , 2013: Carlos Valdez, City Attorney 79017907.5 S -1 INDEX TO SCHEDULES AND EXHIBITS Schedule I .................................. ............................... ...........................Form of Approval Certificate Exhibit A ......... ............................... ......................Ordinance Provisions Relating to Priority Bonds Exhibit B ................ ............................... Ordinance Provisions Relating to Junior Lien Obligations ExhibitC .................................................................................... ............................... Defined Terms ExhibitD ............................................................................... ............................... Purchase Contract Exhibit E .................................................... ............................... Paying Agent/Registrar Agreement Exhibit F .................. ............................... ....................Description of Annual Financial Information Exhibit G .................................................. ............................... Form of Reimbursement Agreement Exhibit H ........................................................... ............................... DTC Letter of Representations 79017907.5 S -2 THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 27th day of August, 2013, authorizing the issuance of one or more series of the City's Utility System Revenue Improvement Bonds, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 27th day of August, 2013. City Secretary (CITY SEAL) 79017907.5 S -3 SCHEDULEI Form of Approval Certificate See Tab No. 2 79017907.5 Schedule 1 -1 EXHIBIT A Ordinance Provisions Relating to Priority Bonds 79017907.5 A -1 A. Forms. (1) Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Certificate of Paying Agent /Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. (2) Form of Definitive Bond. REGISTERED PRINCIPAL REGISTERED AMOUNT NO. $ United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM REVENUE IMPROVEMENT BOND SERIES 2013 Bond Date: Interest Rate: Stated Maturity: CUSIP No.: , 20 REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to 79017907.5 A -2 pay interest on the unpaid Principal Amount hereof from the Bond Date or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on January 15 and July 15 of each year commencing 15, 20 The principal of and interest on this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the designated trust office in Austin, Texas (the Designated Trust Office) of , which is the "Paying Agent /Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent /Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the Bond Ordinance) to be on deposit with the Paying Agent /Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first -class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the last business day of the month next preceding each such date (the Record Date) on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Any accrued interest due at maturity or upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Bond for redemption and payment at the Designated Trust Office of the Paying Agent /Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent /Registrar, from the "Debt Service Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. While the Bonds are held by the Purchasers, payment of principal of, premium, if any, and interest on the Bonds shall be made by federal funds wire transfer, at no cost to the Purchasers, to an account at a financial institution located in the United States designated by the Purchasers. If the date for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Designated Trust Office of the Paying Agent /Registrar is located are authorized by law or executive order to close, or the United States Postal Service is not open for business, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, or the United States Postal Service is not open for business; and payment on such date shall have the same force and effect as if made on the original date payment was due. This Bond is one of a series of bonds of like tenor and effect except as to number, principal amount, interest rate, maturity, and right of prior redemption, dated as of the Bond Date specified above, aggregating $ (herein sometimes called the Bonds), issued for the purposes of (i) acquiring, purchasing, constructing, improving, repairing, extending, equipping, 79017907.5 A -3 and renovating the City's combined waterworks system, wastewater disposal system and gas system (collectively, the System) and (ii) to pay the costs of issuing the Bonds. The Bonds stated to mature on July 15, 20 are referred to herein as the Term Bonds. The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Debt Service Fund (but not the Reserve Fund) for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on July 15 in each of the years as set forth below: Term Bonds Stated to Mature on Julv 15. 20 Principal Year Amount ($) *Payable at stated maturity The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such stated maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent /Registrar at the request of the City with money in the Debt Service Fund (but not the Reserve Fund), or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The City reserves the right to redeem the Bonds stated to mature on and after July 15, 20, in whole or in part, on July 15, 20, or on any date thereafter, in such order of stated maturity as the City shall determine and by lot or other customary method within a stated maturity at the redemption price of par plus accrued interest to the date of redemption. At least thirty (30) days prior to the date any such Bonds are to be redeemed, a notice of redemption, authorized by appropriate resolution passed by the Governing Body, shall be given in the manner set forth below. A written notice of such redemption shall be given to the 79017907.5 A -4 registered owner of each Bond or a portion thereof being called for redemption by depositing such notice in the United States mail, first class postage prepaid, addressed to each such registered owner at his address shown on the Registration Books (as hereinafter defined) kept by the Paying Agent /Registrar. By the date fixed for any such redemption, due provision shall be made by the City with the Paying Agent /Registrar for the payment of the required redemption price for the Bonds or the portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemption is given, and if due provision for such payment is made, all as provided above, the Bonds, or the portions thereof which are to be so redeemed, thereby automatically shall be redeemed prior to their scheduled maturities, shall not bear interest after the date fixed for their redemption, and shall not be regarded as being Outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent /Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such redemptions of principal of the Bonds or any portion thereof. If a portion of any Bonds shall be redeemed, a substitute Bond or Bonds having the same stated maturity date, bearing interest at the same interest rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in the Ordinance. All Bonds of this series are issuable solely as fully registered bonds, without interest coupons, in an Authorized Denomination. As provided in the Bond Ordinance, this Bond may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate amount of fully registered Bonds, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having any Authorized Denomination or Denominations as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this Bond to the Paying Agent /Registrar at its Designated Trust Office for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent /Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent /Registrar, evidencing assignment of this Bond or any portion or portions hereof in any authorized denomination to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Bond may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any portion or portions hereof from time to time by the registered owner. The one requesting such conversion and exchange shall pay the Paying Agent /Registrar's reasonable standard or customary fees and charges for converting and exchanging any Bond or portion thereof. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The foregoing notwithstanding, in the case of the conversion and exchange of an assigned and transferred Bond or Bonds or any portion or portions thereof, such fees and charges of the Paying Agent /Registrar will be paid by the Issuer. The Paying Agent /Registrar shall not 79017907.5 A -5 be required (i) to make any such transfer, conversion or exchange during the period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption and ending at the close of business on the day of such mailing, or (ii) to transfer, convert or exchange any Bonds so selected for redemption when such redemption is scheduled to occur within 30 calendar days; provided, however, such limitation of transfer shall not be applicable to an exchange by the registered owner of an unredeemed balance of a Bond called for redemption in part. Whenever the beneficial ownership of this Bond is determined by a book entry at a securities depository for the Bonds, the foregoing requirements of holding, delivering or transferring this Bond shall be modified to require the appropriate person or entity to meet the requirements of the securities depository as to registering or transferring the book entry to produce the same effect. In the event any Paying Agent /Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, whose qualifications substantially are similar to the previous Paying Agent /Registrar it is replacing, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. By becoming the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. The Bonds are special obligations of the Issuer payable solely from and equally secured, together with the currently Outstanding Previously Issued Priority Bonds, by a first lien on and pledge of the Pledged Revenues of the System. The Issuer has reserved the right, subject to the restrictions stated, and adopted by reference, in the Bond Ordinance, to issue Additional Priority Bonds which also may be made payable from, and secured by a first lien on and pledge of, the aforesaid Pledged Revenues, as well as Subordinated Obligations payable from a junior and inferior lien on and pledge of the Pledged Revenues. For a more complete description and identification of the revenues and funds pledged to the payment of the Bonds, and other obligations of the Issuer secured by and payable from the same source or sources as the Bonds, reference is hereby made to the Bond Ordinance. The Issuer has reserved the right, subject to the restrictions stated, and adopted by reference, in the Bond Ordinance, to amend the Bond Ordinance; and under some (but not all) circumstances amendments must be approved by the owners of a majority in aggregate principal amount of the Outstanding Priority Bonds. The Registered Owner hereof shall never have the right to demand payment of this Bond out of any funds raised or to be raised by taxation. 79017907.5 A -6 It is hereby certified and covenanted that this Bond has been duly and validly authorized, issued and delivered; and that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond have been performed, existed and been done in accordance with law. Capitalized terms used in this Bond without definition shall have the respective means ascribed to them in the Bond Ordinance. IN WITNESS WHEREOF, this Bond has been signed with the imprinted or lithographed facsimile signature of the Mayor of said Issuer, attested by the imprinted or lithographed facsimile signature of the City Secretary, and the official seal of said Issuer has been duly affixed to, printed, lithographed or impressed on this Bond. ATTEST: City Secretary (SEAL) CITY OF CORPUS CHRISTI, TEXAS Mayor [The remainder of this page intentionally left blank.] 79017907.5 A -7 Only. (3) Form of Comptroller's Registration Certificate to Appear on Initial Bonds REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § § REGISTER NO. THE STATE OF TEXAS § I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this (SEAL) Comptroller of Public Accounts of the State of Texas (4) Form of Registration Certificate of Paying Agent/Registrar. REGISTRATION CERTIFICATE OF PAYING AGENT /REGISTRAR This Bond has been duly issued and registered under the provisions of the within - mentioned Bond Ordinance; the Bond or Bonds of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: 79017907.5 A -8 , , Texas, as Paying Agent /Registrar an Authorized Signature (5) Form of Assi_ng ment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature guaranteed: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. [The remainder of this page intentionally left blank] 79017907.5 A -9 (6) Form of Initial Bond(s). The Initial Bond(s) shall be in the form set forth in paragraph (a) of this Section, except that the form of the single fully registered Initial Bond shall be modified as follows: and (i) immediately under the name of the Bond, the headings "Interest Rate _" and "Stated Maturity " shall both be completed "as shown below "; (ii) the first paragraph shall read as follows: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the fifteenth day of July in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (Information to be inserted from schedule in Section 3 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Bond Date, or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on January 15 and July 15 of each year, commencing 15, 20 (7) Insurance Legend. If bond insurance is obtained by the City for any Bond, the appropriate definitive Bonds and the Initial Bonds shall bear an appropriate legend as provided by the insurer. B. Pledge. (1) Pledged Revenues. The Priority Bonds are and shall be secured by and payable from a first lien on and pledge of the Pledged Revenues including such revenues within the System Fund and the Funds hereinafter created in this Ordinance; and the Pledged Revenues are further pledged to the establishment and maintenance of the Debt Service Fund and the Reserve Fund as hereinafter provided. The Priority Bonds are and will be secured by and payable only from the Pledged Revenues, and are not secured by or payable from a mortgage or deed of trust on any properties, whether real, personal, or mixed, constituting the System. (2) Security Interest. Chapter 1208, as amended, Texas Government Code, applies to the issuance of the Bonds and the pledge of the Pledged Revenues granted by 79017907.5 A -10 the City under Subsection B2 of this Section, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Bonds are Outstanding and unpaid such that the pledge of the Pledged Revenues granted by the City is to be subject to the filing requirements of Chapter 9, as amended, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Bonds the perfection of the security interest in said pledge, the City agrees to take such measures as it determines are reasonable and necessary under (3) Texas law to comply with the applicable provisions of Chapter 9, as amended, Texas Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. C. System Fund. There has heretofore been created and established and there shall be maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a special fund entitled the "City of Corpus Christi Utility System Fund" (the System Fund. All Gross Revenues shall be credited to the System Fund immediately upon receipt. All Operating Expenses shall be paid from such Gross Revenues credited to the System Fund as a first charge against same. D. Debt Service Fund. (1) Debt Service Fund Established. For the sole purpose of paying the principal amount of, premium, if any, Amortization Installments, if any, and interest on all Priority Bonds, there has heretofore been created and established and there shall be maintained on the books of the City a separate fund entitled the "City of Corpus Christi Utility System Revenue Improvement Bonds Debt Service Fund" (the Debt Service Fund. Money in the Debt Service Fund shall be deposited and maintained in an official depository bank of the City. (2) Capitalized Interest Account. Within the Debt Service Fund there may hereafter be established a Capitalized Interest Account. The proceeds of Priority Bonds representing capitalized interest may be deposited into the Capitalized Interest Account. On or before the day next preceding any interest payment date of Priority Bonds or other obligations for which any interest has been capitalized, the City shall use the money in the Capitalized Interest Account to pay such interest on such Priority Bonds or other obligations to the extent of the amounts therein representing such capitalized interest. (3) Mandatory Redemption Account. Within the Debt Service Fund there has heretofore been established the Mandatory Redemption Account. Amortization Installments shall be deposited to the credit of the Mandatory Redemption Account and be used to retire the principal amount of Term Bonds in the manner described in any ordinance, including this Ordinance, authorizing the issuance of Term Bonds. (4) Surplus Proceeds. Effective at such time as the Previously Issued Priority Bonds are no longer Outstanding, the City may transfer excess amounts held in the Debt Service Fund to any fund or funds established for the payment of or security for the Priority Bonds (including any escrow established for the final payment of any such 79017907.5 A-11 obligations pursuant to Chapter 1207, as amended, Texas Government Code) or use such excess amount for any lawful purpose now or hereafter provided by law; provided, however, to the extent that such excess amount represents bond proceeds, then such amount must remain in the Debt Service Fund. E. Reserve Fund. (1) Reserve Fund Established. There has heretofore been created and established and there shall be maintained on the books of the City a separate fund entitled the "City of Corpus Christi Utility System Revenue Improvement Bonds Reserve Fund" (the Reserve Fund). There shall be deposited into the Reserve Fund any Reserve Fund Obligations so designated by the City. Reserve Fund Obligations in the Reserve Fund shall be deposited and maintained in an official depository bank of the City. Reserve Fund Obligations in the Reserve Fund shall be used solely for the purpose of retiring the last of any Priority Bonds as they become due or paying principal of and interest on any Priority Bonds when and to the extent the amounts in the Debt Service Fund are insufficient for such purpose. The Reserve Fund shall be maintained in an amount equal to the Average Annual Debt Service Requirements of the Outstanding Priority Bonds after giving consideration as an offset to debt service the receipt or anticipated receipt of a refundable tax credit or similar payment relating to a series of Priority Bonds irrevocably designated as refundable tax credit bonds pursuant to a prior parity lien ordinance amendment (the Required Reserve Amount). The City may, at its option, withdraw and transfer to the System Fund, all surplus in the Reserve Fund over the Required Reserve Amount. Upon the issuance of the Bonds, the Required Reserve Amount shall be $ , representing an increase of $ attributable to the issuance of the Bonds. As permitted by Subsection J(1) of this Section, the City will satisfy this increase in the Required Reserve Amount attributable to the issuance of the Bonds by depositing not less than $ to the Reserve Fund not later than the 10th day of each month for 60 consecutive months, commencing , 20 (2) Credit Facility. The City may replace or substitute a Credit Facility for cash or Eligible Investments on deposit in the Reserve Fund or in substitution for or replacement of any existing Credit Facility. Upon such replacement or substitution, cash or Eligible Investments on deposit in the Reserve Fund which, taken together with the face amount of any existing Credit Facilities, are in excess of the Required Reserve Amount may be withdrawn by the City, at its option, and transferred to the System Fund; provided, however, that the face amount of any Credit Facility may be reduced at the option of the City in lieu of such transfer; provided further, however, that such transfer to the System Fund shall be spent only in accordance with applicable law including (but not limited to) restrictions on the expenditure of such funds to the extent that the same were originally derived from proceeds of bonds or other evidences of indebtedness. (3) Withdrawals. If the City is required to make a withdrawal from the Reserve Fund for any of the purposes described in this Section, the City shall promptly notify any applicable Credit Facility Provider of the necessity for a withdrawal from the Reserve Fund for any such purposes, and shall make such withdrawal FIRST from 79017907.5 A -12 available money or Eligible Investments then on deposit in the Reserve Fund, and NEXT from a drawing under any Credit Facility to the extent of such deficiency. (4) Deficiencies. In the event of a deficiency in the Reserve Fund, or in the event that on the date of termination or expiration of any Credit Facility there is not on deposit in the Reserve Fund sufficient Reserve Fund Obligations, all in an aggregate amount at least equal to the Required Reserve Amount, then the City shall satisfy the Required Reserve Amount by depositing Reserve Fund Obligations into the Reserve Fund in monthly installments of not less than 1/60 of the Required Reserve Amount made on or before the 10th day of each month following such termination or expiration. (5) Redemption; Defeasance. In the event of the redemption or defeasance of any Priority Bonds, any Reserve Fund Obligations on deposit in the Reserve Fund in excess of the Required Reserve Amount may be withdrawn and transferred, at the option of the City, to the System Fund, as a result of (i) the redemption of any Priority Bonds, or (ii) funds for the payment of any Priority Bonds having been deposited irrevocably with the paying agent or place of payment therefor in the manner described in any ordinance authorizing the issuance of Priority Bonds, the result of such deposit being that such Priority Bonds no longer are deemed to be Outstanding under the terms of any such ordinance. (6) Reimbursement of Credit Provider. In the event there is a draw upon a Credit Facility, the City shall reimburse the Credit Provider for such draw, in accordance with the terms of any agreement pursuant to which the Credit Facility is issued, from Pledged Revenues; provided, however, such reimbursement from Pledged Revenues shall be subordinate and junior in right of payment to the payment of principal of and premium, if any, and interest on the Priority Bonds. (7) Additional Priority Bonds. Upon the issuance of Additional Priority Bonds the money in the Reserve Fund shall be increased to the newly- established Required Reserve Amount in accordance with the provisions of Subsection I(1) of this Ordinance. F. Subordinated Obligations Funds and Accounts. The City hereafter may create, establish and maintain on the books of the City separate funds and accounts from which money can be withdrawn to pay the principal of and interest on Subordinated Obligations which hereafter may be issued. G. Investments. Money in any Fund established pursuant to this Ordinance may, at the option of the City, be placed or invested in Eligible Investments. Money in the Reserve Fund shall not be invested in securities with an average aggregate weighted maturity of greater than seven years. If money in a Fund herein established are permitted to be invested, the value of any such Fund shall be established by adding the money therein to the Value of Investment Securities. The value of each such Fund shall be established annually during the last month of each Year, and in addition thereto and with respect to the Reserve Fund, value shall be established within thirty days prior to the issuance of Priority Bonds and at the time or times withdrawals are made therefrom. Such investments shall be sold promptly when necessary to 79017907.5 A -13 prevent any default in connection with the Priority Bonds. Earnings derived from the investment of money on deposit in the various Funds and Accounts created hereunder shall be credited to the Fund or Account from which money used to acquire such investment shall have come. H. Funds Secured. Money in the System Fund and all Funds created by this Ordinance, to the extent not invested, shall be secured in the manner prescribed by law for securing funds of the City. L Flow of Funds. All money in the System Fund not required for paying Operating Expenses during each month shall be applied by the City, on or before the 10th day of the following month, commencing during the months and in the order of priority with respect to the Funds and Accounts that such applications are hereinafter set forth in this Section. (1) Debt Service Fund. To the credit of the Debt Service Fund, in the following order of priority, to -wit: (a) such amounts, deposited in approximately equal monthly installments, commencing during the month in which the Priority Bonds are delivered, or the month thereafter if delivery is made after the 10th day thereof, as will be sufficient, together with other amounts, if any, in the Debt Service Fund available for such purpose (including specifically money on deposit in the Capitalized Interest Account, if any, dedicated thereto), to pay the interest scheduled to come due on Priority Bonds on the next succeeding interest payment date; (b) such amounts, deposited in approximately equal monthly installments, commencing during the month which shall be the later to occur of (i) the twelfth month before the first maturity date of Priority Bonds or (ii) the month in which Priority Bonds are delivered, or the month thereafter if delivery is made after the 10th day thereof, as will be sufficient, together with other amounts, if any, in the Debt Service Fund available for such purpose, to pay the principal scheduled to mature on Priority Bonds on the next succeeding principal payment date; and (c) Amortization Installments, in such amounts and on such dates as set forth in any ordinance authorizing a series of Priority Bonds which contain Term Bonds within such series, to pay scheduled principal amounts of Priority Bonds which constitute Term Bonds to be redeemed in accordance with the terms of said ordinance. (2) Reserve Fund. To the credit of the Reserve Fund, such amounts, deposited in approximately equal monthly installments, commencing during the month in which the Priority Bonds are delivered, or the month thereafter if delivery is made after the 10th day thereof, equal to not less than 1/60 of the Required Reserve Amount, until such time as such amounts together with other amounts, if any, in the Reserve Fund, equal the Required Reserve Amount. When and so long as the Reserve Fund Obligations in the Reserve Fund are not less than the Required Reserve Amount, no deposits need be 79017907.5 A -14 made to the credit of the Reserve Fund. When and if the Reserve Fund at any time contains less than the Required Reserve Amount due to any cause or condition other than the issuance of Additional Priority Bonds then, subject and subordinate to making the required deposits to the credit of the Debt Service Fund, commencing with the month during which such deficiency occurs, such deficiency shall be made up from the next available Pledged Revenues or from any other sources available for such purpose. Reimbursements to a Credit Provider made in accordance with the terms of Subsection 10.17 of this Ordinance shall constitute the making up of a deficiency to the extent that such reimbursements result in the reinstatement, in whole or in part, as the case may be, of the amount of the Credit Facility. If the Reserve Fund contains less than the Required Reserve Amount due to the issuance of Additional Priority Bonds, deposits shall be made to the Reserve Fund commencing during the month and in the amounts required by Subsection 18.13 of this Ordinance, unless a Credit Facility is deposited in the Reserve Fund in an amount necessary to cause the sum of money and the value of Investment Securities and any other Credit Facilities in the Reserve Fund to equal the Required Reserve Amount. (3) Su !plus. The balance of any money remaining in the System Fund following such transfers may be used by the City for payment of other obligations of the System, including, but not limited to, Subordinated Obligations, and for any other lawful purpose; provided, however, that transfers made for purposes other than for payment of obligations of the System shall be made only at the end of the Year. J. Deficiencies. If on any occasion there shall not be sufficient Pledged Revenues to make the deposits and other applications of money required by Subsection I of this Section with respect to the various Funds as provided therein, any such deficiencies shall be made up (in the order that each such Fund is provided for in Subsection I of this Section) as soon as possible from the next available Pledged Revenues, or from any other sources available for such purpose. The foregoing notwithstanding, however, if any deficiency in the Reserve Fund occurs as a result of withdrawals therefrom or decreases in the market value of Eligible Investments on deposit therein, such deficiency will be made up from the next available Pledged Revenues within twelve months from the date of such deficiency is determined, with such deposits to the Reserve Fund to be made in not more than twelve substantially equal monthly payments. K. Payment of Bonds. On or before the first scheduled Interest Payment Date, and on or before each interest payment date and principal payment date thereafter while any of the Priority Bonds are Outstanding and unpaid, the City shall make available to the paying agent therefor, out of the Debt Service Fund (and the other Funds, if necessary, in the order of priority set forth herein) money sufficient to pay such interest on and such principal amount of the Priority Bonds, as shall become due and mature on such dates, respectively, at maturity or by redemption prior to maturity. The Paying Agent /Registrar, or the bond registrar for each series of Priority Bonds shall destroy all paid Priority Bonds, as applicable, and furnish the City with an appropriate certificate of cancellation or destruction. 79017907.5 A -15 L. Issuance of Additional Priority Bonds. (1) Reservation of Right to Issue Additional Priority Bonds. Subject to the provisions hereinafter appearing as conditions precedent which must first be satisfied, the City reserves the right to issue, from time to time as needed, Additional Priority Bonds for any lawful purpose relating to the System. Such Additional Priority Bonds may be issued in such form and manner as now or hereafter authorized by the laws of the State of Texas for the issuance of evidences of indebtedness or other instruments, and should new methods or financing techniques be developed that differ from those now available and in normal use, the City reserves the right to employ the same in its financing arrangements provided only that the same conditions precedent herein required for the authorization and issuance of Additional Priority Bonds are satisfied. (2) Debt Service Fund and Reserve Fund, Funding Reserve Fund. The Debt Service Fund and the Reserve Fund confirmed by this Ordinance shall secure and be used to pay all Additional Priority Bonds hereafter issued. Upon the issuance and delivery of Additional Priority Bonds, the additional amount required to be deposited in the Reserve Fund shall be so accumulated by the deposit in the Reserve Fund of all or any part of said required additional amount in cash immediately after the delivery of such Additional Priority Bonds, or, at the option of the City, (i) by the deposit of said required additional amount (or any balance of said required additional amount not deposited in cash as permitted above) in approximately equal monthly installments, made on or before the 10th day of each month following the delivery of such Additional Priority Bonds, of not less than 1 /60th of said required additional amount (or 1 /60th of the balance of said required additional amount not deposited in cash as permitted above) or (ii) by the deposit of a Credit Facility which, in whole or in combination with deposits described in clause (i) above, is sufficient to satisfy the required additional amount to be on deposit in the Reserve Fund. (3) Calculations. All calculations of Average Annual Debt Service Requirements made pursuant to this Section shall be made as of and from the date of the Additional Priority Bonds then proposed to be issued. M. Further Requirements for Additional Priority Bonds. (1) Conditions Precedent for Issuance of Additional Priority Bonds - General. As a condition precedent to the issuance of any Additional Priority Bonds, the City Manager (or other officer of the City then having the responsibility for the financial affairs of the City) shall have executed a certificate stating (i) that the City is not then in default as to any covenant, obligation or agreement contained in any ordinance or other proceeding relating to any obligations of the City payable from and secured by a lien on and pledge of the Pledged Revenues and (ii) that the amounts on deposit in all Funds or Accounts created and established for the payment and security of all Outstanding obligations payable from and secured by a lien on and pledge of the Pledged Revenues are the amounts then required to be deposited therein. Such certificate shall be dated on or before the date of delivery of such Additional Priority Bonds, but such certificate shall 79017907.5 A -16 not be dated prior to the date an ordinance is passed authorizing the issuance of such Additional Priority Bonds. (2) Conditions Precedent for Issuance of Additional Priority Bonds - Capital Improvements and for any other Lawful Purpose except for Capital Additions or for Refunding. The City covenants and agrees that Additional Priority Bonds will not be issued for the purpose of financing Capital Improvements, or for any other lawful purpose (except for Capital Additions or for refunding, which are to be issued in accordance with the provisions of Subsections M(2), (3), (4) or (5) of this Section) unless and until the conditions precedent in Subsection M(2) above have been satisfied and, in addition thereto, the City has secured a certificate or opinion of the Accountant to the effect that, according to the books and records of the City, the Net Earnings (as hereinafter defined) for the preceding Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the Additional Priority Bonds is adopted are at least equal to 1.25 times the Average Annual Debt Service Requirements for all Outstanding Priority Bonds after giving effect to the Additional Priority Bonds then proposed. The foregoing notwithstanding, the City covenants and agrees that Additional Priority Bonds may not be issued for the purpose of financing Capital Improvements when other Outstanding Priority Bonds which have been issued for the purpose of financing Capital Additions and for which capitalized interest for such other Priority Bonds has been provided for at least the twelve months subsequent to the date of issuance of the Additional Priority Bonds then proposed to be issued, unless the conditions precedent in Subsection M(1) above have been satisfied and, in addition thereto, the City has either (1) complied with the relevant conditions in this Subsection as set forth above, or (2) if the relevant conditions of this Subsection M(2) as set forth above cannot be satisfied, the City has satisfied the conditions precedent in Subsection M(3) and (ii) of this Section (but, for purposes of such clauses, the term Capital Improvements shall be substituted for the term Capital Additions where the term Capital Additions appears therein to the extent necessary to give recognition to the fact that Capital Improvements, rather than Capital Additions, are then to be financed) and has secured a certificate or opinion of the Accountant to the effect that, according to the books and records of the City, the Net Earnings for the preceding Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the Additional Priority Bonds is adopted are at least equal to 1.25 times the Average Annual Debt Service Requirements for all Outstanding Priority Bonds (other than any Priority Bonds issued for Capital Additions for which capitalized interest has been provided for at least the twelve months subsequent to the date of issuance of the Additional Priority Bonds proposed to be issued) after giving effect to the Priority Bonds then proposed. (3) Conditions Precedent for Issuance of Additional Priority Bonds - Capital Additions: Initial Issue. The City covenants and agrees that Additional Priority Bonds will not be issued for the purpose of financing Capital Additions, unless the same conditions precedent specified in Subsection M(1) above have been satisfied and, in addition thereto, either the relevant conditions precedent specified in Subsection M(2) above are satisfied or, in the alternative, the City shall have obtained: (i) from the Engineer a comprehensive Engineering Report for each Capital Addition to be financed, which report shall (A) contain (1) detailed estimates of the cost of acquiring and 79017907.5 A -17 constructing the Capital Addition, (2) the estimated date the acquisition and construction of the Capital Addition will be completed and commercially operative, and (3) a detailed analysis of the impact of the Capital Addition on the financial operations of the system for which the Capital Addition is to be integrated and to the System as a whole during the construction thereof and for at least five Years after the date the Capital Addition becomes commercially operative, and (B) conclude that (1) the Capital Addition is necessary and will substantially increase the capacity, or is needed to replace existing facilities, to meet current and projected demands for the service or product to be provided thereby, and (2) the estimated cost of providing the service or product from the Capital Addition will be reasonable in comparison with projected costs for furnishing such service or product from other reasonably available sources; and (ii) a certificate of the Engineer to the effect that, based on the Engineering Report prepared for each Capital Addition, the projected Net Earnings for each of the five Years subsequent to the date the Capital Addition becomes commercially operative (as estimated in the Engineering Report) will be equal to at least 1.25 times the Average Annual Debt Service Requirements for Priority Bonds then Outstanding or incurred and all Priority Bonds estimated to be issued, if any, for all Capital Improvements and for all Capital Additions then in progress or then being initiated, during the period from the date the first series of obligations for the Capital Additions is to be delivered through the fifth Year subsequent to the date the Capital Addition is estimated to become commercially operative. (4) Completion Issues. Once a Capital Addition has been initiated by meeting the conditions precedent specified in Subsection k(3) and (ii) above and the initial Priority Bonds issued therefor are delivered, the City reserves the right to issue Additional Priority Bonds to finance the remaining costs of such Capital Addition in such amounts as may be necessary to complete the acquisition and construction thereof and make the same commercially operative without satisfaction of any condition precedent under Subsection M3(i) and (ii) or Subsection M(2) of this Section but subject to satisfaction of the following conditions precedent: (i) the City makes a forecast (the Forecast) of the operations of the System demonstrating the System's ability to pay all obligations, payable from the Pledged Revenues of the System to be Outstanding after the issuance of the Additional Priority Bonds then being issued for the period (the Forecast Period of each ensuing Year through the fifth Year subsequent to the latest estimated date such Capital Addition is expected to be commercially operative; and (ii) the Engineer reviews such Forecast and executes a certificate to the effect that (A) such Forecast is reasonable, and based thereon (and such other factors deemed to be relevant), the Pledged Revenues of the System will be adequate to pay all the obligations, payable from the Pledged Revenues of the System to be Outstanding after the issuance of the Additional Priority Bonds then being issued for the Forecast Period and (B) the proceeds from the sale of such Additional Priority Bonds are estimated to be sufficient to complete such acquisition and construction. (5) Refunding Issues. ssues. The City reserves the right to issue refunding bonds to refund all or any part of the Outstanding Priority Bonds (pursuant to any law then available), upon such terms and conditions as the governing body of the City may deem to be in the best interest of the City and its inhabitants, and if less than all such Outstanding Priority Bonds are refunded, the conditions precedent prescribed in 79017907.5 A -18 Subsection M(1) and M(2) of this Section shall be satisfied and the Accountant's certificate or opinion required by Subsection M(2) shall give effect to the issuance of the proposed refunding bonds (and shall not give effect to the Priority Bonds being refunded following their cancellation or provision being made for their payment). In addition, the City reserves the right to refund all or any part of any other obligations of the System, upon such terms and conditions as the Governing Body of the City may deem to be in the best interest of the City and its inhabitants, provided that the conditions prescribed in Subsection A and B of this Section shall be satisfied. No Accountant's certificate otherwise required by Subsection B will be required for refunding bonds, after giving effect to such proposed refunding, if there is no increase in debt service for any Year in which there will be debt service on Priority Bonds Outstanding both before and after such refunding. (6) Computations, Reports. With reference to Priority Bonds anticipated and estimated to be issued or incurred, the Average Annual Debt Service Requirements therefor shall be those reasonably estimated and computed by the City's Director of Financial Services (or other officer of the City then having the primary responsibility for the financial affairs of the City) after giving effect to the receipt or anticipated receipt of a refundable tax credit or similar payment relating to a series of Priority Bonds irrevocably designated as refundable tax credit bonds, which payment shall be treated as an offset to regularly scheduled debt service of the series of Priority Bonds to which it relates. In the preparation of the Engineering Report required in Subsection C(i) above, the Engineer may rely on other experts or professionals, including those in the employment of the City, provided such Engineering Report discloses the extent of such reliance and concludes it is reasonable so to rely. In connection with the issuance of Priority Bonds for Capital Additions, the certificate of the City's Director of Financial Services and Engineer, together with the Engineering Report for the initial issue and the Forecast for a subsequent issue, shall be conclusive evidence and the only evidence required to show compliance with the provisions and requirements and this clause of this Section. (7) Combination Issues. Priority Bonds for Capital Additions may be combined in a single issue with Priority Bonds for Capital Improvements or for any lawful purpose provided the conditions precedent set forth in Subsection M(2) through M(5) are complied with as the same relate to the appropriate purpose. (8) Subordinated Obligations. The City may, at any time and from time to time, for any lawful purpose, issue Subordinated Obligations, the principal of and redemption premium, if any, and interest on which is payable from and secured by a pledge of and lien on the Pledged Revenues junior and subordinate to the lien and pledge created hereby for the security of the Priority Bonds and the payments required to be made hereunder into the Debt Service Fund and the Reserve Fund; provided, however, that any such pledge and lien securing the Subordinated Obligations shall be, and shall be expressed to be, subordinate in all respects to the pledge of and lien on the Pledged Revenues as security for the Priority Bonds; and provided further that any default with respect to the issuance of Subordinated Obligations will not be deemed a default with respect to the Priority Bonds. 79017907.5 A -19 (9) Definition of Net Earnings. As used in this Section, the term "Net Earnings" shall mean the Gross Revenues of the System after deducting the Operating Expenses of the System, but not expenditures which, under standard accounting practice, should be charged to capital expenditures. (10) Determination of Net Earnings. In making a determination of Net Earnings for any of the purposes described in this Section, the Accountant may take into consideration a change in the rates and charges for services and facilities afforded by the System that became effective at least 60 days prior to the last day of the period for which Net Earnings are determined and, for purposes of satisfying any of the Net Earnings test described above, make a pro forma determination of the Net Earnings of the System for the period of time covered by the Accountant's certification or opinion based on such change in rates and charges being in effect for the entire period covered by the Accountant's certificate or opinion. N. General Covenants. The City further covenants and agrees that in accordance with and to the extent required or permitted by law: (1) Performance. It will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Ordinance, and each ordinance authorizing the issuance of Additional Priority Bonds; it will promptly pay or cause to be paid the principal amount of and interest on every Priority Bond, on the dates and in the places and manner prescribed in such ordinances and such Priority Bonds; and it will, at the time and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the System Fund and the Funds herein created; and any registered owner of any Priority Bond may require the City, its officials and employees to carry out, respect or enforce the covenants and obligations of this Ordinance, or any ordinance authorizing the issuance of Priority Bonds, by all legal and equitable means, including specifically, but without limitation, the use and filing of mandamus proceedings, in any court of competent jurisdiction, against the City, its officials and employees. (2) City's Legal Authority. It is a duly created and existing home rule city of the State of Texas, and is duly authorized under the laws of the State of Texas to issue the Bonds; that all action on its part for the issuance of the Bonds has been duly and effectively taken, and that the Bonds in the hands of the owners thereof are and will be valid and enforceable special obligations of the City in accordance with their terms. (3) Acquisition and Construction; Operation and Maintenance. (1) It shall use its best efforts in accordance with Prudent Utility Practice to acquire and construct, or cause to be acquired and constructed, any Capital Additions or Capital Improvements, in accordance with the plans and specifications therefor, as modified from time to time, with due diligence and in a sound and economical manner; and (2) it shall at all times use its best efforts to operate or cause to be operated the System properly and in an efficient manner, consistent with Prudent Utility Practice, and shall use its best efforts to maintain, preserve, reconstruct and keep the same or cause the same to be so maintained, preserved, reconstructed and kept, with the appurtenances and every part and parcel thereof, in good 79017907.5 A -20 repair, working order and condition, and shall from time to time make, or use its best efforts to cause to be made, all necessary and proper repairs, replacement and renewals so that at all times the operation of the System may be properly and advantageously conducted. (4) Title. It has or will obtain lawful title, whether such title is in fee or lesser interest, to the lands, buildings, structures and facilities constituting the System, that it warrants that it will defend the title to all the aforesaid lands, buildings, structures and facilities, and every part thereof, for the benefit of the owners of the Priority Bonds, against the claims and demands of all persons whomsoever, that it is lawfully qualified to pledge the Pledged Revenues to the payment of the Priority Bonds in the manner prescribed herein, and has lawfully exercised such rights. (5) Liens. It will from time to time and before the same become delinquent pay and discharge all taxes, assessments and governmental charges, if any, which shall be lawfully imposed upon it, or the System; it will pay all lawful claims for rents, royalties, labor, materials and supplies which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted hereunder shall be fully preserved in the manner provided herein, and it will not create or suffer to be created any mechanic's, laborer's, materialman's or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; provided however, that no such tax, assessment or charge, and that no such claims which might be used as the basis of a mechanic's, laborer's, materialman's or other lien or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith by the City. (6) No Free Service. No free service or service otherwise than in accordance with the established rate schedule shall be furnished, directly or indirectly, by the System to any person, firm, corporation or other entity, other than the City. No part of the salary of any official or employee of the City or his replacement shall be paid from Pledged Revenues unless and only to the extent the duties and performances of such official or employee or his replacement appertain directly to the System. To the extent the City receives the services of the System, such services shall be accounted for according to the established rate schedule. (7) Further Encumbrance. It will not additionally encumber the Pledged Revenues in any manner, except as permitted in this Ordinance in connection with Priority Bonds, unless said encumbrance is made junior and subordinate in all respects to the liens, pledges, covenants and agreements of this Ordinance; but the right of the City to issue Subordinated Obligations payable in whole or in part from a subordinate lien on the Pledged Revenues is specifically recognized and retained. (8) Sale, Lease or Disposal of Property. No part of the System shall be sold, leased, mortgaged, demolished, removed or otherwise disposed of, except as follows: 79017907.5 A -21 (a) To the extent permitted by law, the City may sell or exchange at any time and from time to time any property or facilities constituting part of the System only if (A) it shall determine such property or facilities are not useful in the operation of the System, or (B) the proceeds of such sale are $250,000 or less, or it shall have received a certificate executed by the Engineer and the City Manager stating, in their opinion, that the fair market value of the property or facilities exchanged is $250,000 or less, or (C) if such proceeds or fair market value exceeds $250,000 it shall have received a certificate executed by the Engineer and the City Manager stating (i) that system within the System of which the property or facilities comprises a part thereof and (ii) in their opinion, that the sale or exchange of such property or facilities will not impair the ability of the City to comply during the current or any future Year with the provisions of Subsection M(11) of this Section. The proceeds of any such sale or exchange not used to acquire other property necessary or desirable for the safe or efficient operation of the System shall forthwith, at the option of the City (i) be used to redeem or purchase Priority Bonds, or (ii) otherwise be used to provide for the payment of Priority Bonds. The foregoing notwithstanding, if such property or facilities sold or exchanged constituted property or facilities comprising all or a part of a system within the System, the acquisition, improvement or extension of such system having not been financed by the City in any manner with the proceeds of Priority Bonds, or with the proceeds of obligations which were refunded in whole or in part with the proceeds of Priority Bonds, then the City may utilize the proceeds of such sale or exchange for any lawful purpose; and (b) To the extent permitted by law, the City may lease or make contracts or grant licenses for the operation of, or make arrangements for the use of, or grant easements or other rights with respect to, any part of the System, provided that any such lease, contract, license, arrangement, easement or right (A) does not impede the operation by the City of the System and (B) does not in any manner impair or adversely affect the rights or security of the owners of the Priority Bonds under this Ordinance; and provided, further, that if the depreciated cost of the property to be covered by any such lease, contract, license, arrangement, easement or other right is in excess of $500,000, the City shall have received a certificate executed by the Engineer and the City Manager that the action of the City with respect thereto does not result in a breach of the conditions under this clause (2). Any payments received by the City under or in connection with any such lease, contract, license, arrangement, easement or right in respect of the System or any part thereof shall constitute Gross Revenues. (9) Books, Records and Accounts. It shall keep proper books, records and accounts separate and apart from all other records and accounts, in which complete and correct entries shall be made of all transactions relating to the System and the City shall cause said books and accounts to be audited annually as of the close of each Year by the Accountant. (10) Insurance. 79017907.5 A -22 (a) Except as otherwise permitted in clause (b) below, it shall cause to be insured such parts of the System as would usually be insured by corporations operating like properties, with a responsible insurance company or companies, against risks, accidents or casualties against which and to the extent insurance is usually carried by corporations operating like properties, including, to the extent reasonably obtainable, fire and extended coverage insurance, insurance against damage by floods, and use and occupancy insurance. Public liability and property damage insurance shall also be carried unless the City Attorney gives a written opinion to the effect that the City is not liable for claims which would be protected by such insurance. At any time while any contractor engaged in construction work shall be fully responsible therefor, the City shall not be required to carry insurance on the work being constructed if the contractor is required to carry appropriate insurance. All such policies shall be open to the inspection of the bondholders and their representatives at all reasonable times. (b) In lieu of obtaining policies for insurance as provided above, the City may self - insure against risks, accidents, claims or casualties described in clause (a) above. (c) The annual audit hereinafter required shall contain a section commenting on whether or not the City has complied with the requirements of this Section with respect to the maintenance of insurance, and listing the areas of insurance for which the City is self - insuring, all policies carried, and whether or not all insurance premiums upon the insurance policies to which reference is hereinbefore made have been paid. (11) Rate Covenant. It will fix, establish, maintain and collect such rates, charges and fees for the use and availability of the System at all times as are necessary to produce Gross Revenues and other Pledged Revenues equal to the greater of amounts determined in accordance with clauses (1) or (2) below, to -wit, amounts sufficient: (1) (A) to pay all current Operating Expenses of the System, and (B) to produce Net Revenues for each Year at least equal to 1.25 times the Average Annual Debt Service Requirements of all then Outstanding Priority Bonds; or (2) to pay the sum of (A) all current Operating Expenses, (B) the Average Annual Debt Service Requirements on the then Outstanding Priority Bonds, (C) deposits to the Reserve Fund required for the Priority Bonds, and (D) amounts required to pay all other obligations of the System reasonably anticipated to be paid from Gross Revenues during the current Year. The calculation of Average Annual Debt Service Requirements on all Outstanding Priority Bonds shall be net of (1) capitalized interest for such Priority Bonds only if the money in a Capitalized Interest Account received from proceeds of such Priority Bonds held in cash or are invested in Government Obligations and (2) the receipt or anticipated receipt of a refundable tax credit or similar payment relating to a series of Priority Bonds irrevocably designated as refundable tax credit bonds, which payment shall be treated as one offset to regularly scheduled debt service of the series of Priority Bonds to which it relates.. The foregoing notwithstanding, such rates, charges and fees shall be fixed, established, maintained and collected at a level sufficient to enable the City to pay debt service on Priority Bonds during the current Year. 79017907.5 A -23 (12) Audits. After the close of each Year while any Priority Bonds are Outstanding, an audit will be made of the books and accounts relating to the System and the Pledged Revenues by the Accountant. As soon as practicable after the close of each such Year, and when said audit has been completed and made available to the City, a copy of such audit for the preceding year shall be mailed to any holder of the then Outstanding Priority Bonds who shall so request in writing. Such annual audit reports shall be open to the inspection of the registered owners of the Priority Bonds and their agents and representatives at all reasonable times. (13) Governmental Agencies. _ It will comply with all of the terms and conditions of any and all franchises, permits and authorizations applicable to or necessary with respect to the System, and which have been obtained from any governmental agency; and the City has or will obtain and keep in full force and effect all franchises, permits, authorization and other requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation and maintenance of the System. (14) No Competition. To the extent it legally may, it will not grant any franchise or permit for the acquisition, construction or operation of any competing facilities which might be used as a substitute for the System's facilities, and, to the extent that it legally may, the City will prohibit any such competing facilities. (15) Rights of Inspection. The Engineer or any registered owner of $100,000 in aggregate principal amount of the Priority Bonds then Outstanding shall have the right at all reasonable times to inspect the System and all records, accounts and data of the City relating thereto, and upon request the City shall furnish to the Engineer or such registered owner, as the case may be, such financial statements, reports and other information relating to the City and the System as the Engineer or such registered owner may from time to time reasonably request. 79017907.5 A -24 EXHIBIT B Ordinance Provisions Relating to Junior Lien Obligations 79017907.5 B -1 A. Forms. (1) Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Certificate of Paying Agent /Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. (2) Form of Definitive Bond. REGISTERED REGISTERED PRINCIPAL AMOUNT NO. $ United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM JUNIOR LIEN REVENUE IMPROVEMENT BONDS, SERIES 2013 Dated Date: Interest Rate: Stated Maturity: CUSIP NO: REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior 79017907.5 B -2 redemption), and to pay interest on the unpaid Principal Amount hereof from the Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360 -day of 30 -day months; such interest being payable on January 15 and July 15 of each year commencing Principal and premium, if any, of the Bond shall be payable to the Registered Owner hereof (the Holder) upon presentation and surrender, at the corporate trust office of the Paying Agent /Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent /Registrar at the close of business on the Record Date, which is the last business day of the month next preceding each interest payment date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on the appropriate date of payment by United States Mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent /Registrar, requested by the Holder hereof at the Holder's risk and expense. This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (the Bonds) pursuant to an ordinance adopted by the governing body of the City (the Ordinance), for the purpose of (i) building, improving, extending, renovating, enlarging, and repairing the System and (ii) the payment of their costs of issuance. The Bonds are authorized to be issued pursuant to the authority conferred by and in conformity with the Constitution and laws of the State of Texas, particularly Chapters 1371 and 1502, as amended, Texas Government Code, the City's Home Rule Charter, and the Ordinance. The Bonds stated to mature on July 15, 20 are referred to herein as the Term Bonds. The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund (but not the Reserve Fund) for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on July 15 in each of the years as set forth below: 79017907.5 B -3 Term Bonds Stated to Mature on July 15. 20 Principal Year Amount ($) *Payable at stated maturity The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such stated maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent /Registrar at the request of the City with money in the Bond Fund (but not the Reserve Fund), or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The Bonds stated to mature on and after July 15, 20 may be redeemed prior to their Stated Maturities, at the option of the City, on July 15, 20 or on any date, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent /Registrar) at the redemption price of par, together with accrued interest to the date of redemption, and upon thirty (30) days prior written notice being given by United States mail, first -class postage prepaid, to Holders of the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Bond to the Paying Agent /Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent /Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. In the event of a partial redemption of the principal amount of this Bond, payment of the redemption price of such 79017907.5 B -4 principal amount shall be made to the registered owner only upon presentation and surrender of this Bond to the corporate trust office of the Paying Agent /Registrar and, there shall be issued to the registered owner hereof, without charge, a new Bond or Bonds of like maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent /Registrar shall not be required to issue, transfer, or exchange this Bond within forty -five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are special obligations of the City, issued as the initial series of Junior Lien Obligations, payable from and equally and ratably secured by a lien on and pledge of the Junior Lien Pledged Revenues, being (primarily) a lien on and pledge of the Net Revenues derived from the operation of the City's utility system (as further described in the Ordinance, the System), that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds, but senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations. In the Ordinance, the City reserves and retains the right to issue Additional Priority Bonds, Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, and Additional Inferior Lien Obligations without limitation as to principal amount but subject to any terms, conditions, or restrictions set forth in the Ordinance or as may be applicable thereto under law or otherwise. The Bonds do not constitute a legal or equitable pledge, charge, lien, or encumbrance upon any property of the City or System, except with respect to the Junior Lien Pledged Revenues. The Holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent /Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description and nature of the Junior Lien Pledged Revenues pledged for the payment of the Bonds; the terms and conditions under which the City may issue Additional Priority Bonds, Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, and Additional Inferior Lien Obligations; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent /Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent /Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent /Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated 79017907.5 B -5 Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent /Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity, or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent /Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding special obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by law, and that issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds by a pledge of and lien on the Junior Lien Pledged Revenues. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank] 79017907.5 B -6 IN WITNESS WHEREOF, this Bond has been signed with the imprinted or lithographed facsimile signature of the Mayor of the City, attested by the imprinted or lithographed facsimile signature of the City Secretary, and the official seal of the City has been duly affixed to, printed, lithographed or impressed on this Bond. ATTEST: City Secretary (SEAL) CITY OF CORPUS CHRISTI, TEXAS Mayor [The remainder of this page intentionally left blank.] 79017907.5 B -7 (3) *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bond(s) Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § § REGISTER NO. THE STATE OF TEXAS § I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) * Bond to Printer: Not to appear on printed Bonds [The remainder of this page intentionally left blank.] 79017907.5 B -8 (4) *Form of Certificate of Paying Agent/Registrar _ to Appear on Definitive Bonds Only. CERTIFICATE OF PAYING AGENT /REGISTRAR This Bond has been duly issued under the provisions of the within - mentioned Ordinance; the Bond or Bonds of the above - entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: , as Paying Agent /Registrar * Bond to Printer: to appear on printed Bonds Authorized Signature [The remainder of this page intentionally left blank.] 79017907.5 B -9 (5) Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature guaranteed: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. [The remainder of this page intentionally left blank.] 79017907.5 B -10 (6) The Initial Bond(s) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (a) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below "; (b) the first two paragraphs shall read as follows: REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the fifteenth day of July in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (Information to be inserted from schedule in Section 3 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date, or from the most recent interest payment date to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360 -day of 30 -day months; such interest being payable on January 15 and July 15 of each year, commencing Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, at the corporate trust office of (the Paying Agent /Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent /Registrar at the close of business on the Record Date, which is the last business day of the month next preceding each interest payment date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent /Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent /Registrar, requested by, and at the risk and expense of, the Holder hereof. 79017907.5 B- I I (7) Insurance Legend. If bond insurance is obtained by the Purchasers or the City for the Bonds, the definitive Bonds and the Initial Bond(s) shall bear an appropriate legend as provided by the insurer. B. Pledge of Junior Lien Pledged Revenues. (1) The City hereby covenants and agrees that the Junior Lien Pledged Revenues of the System are hereby irrevocably pledged to the payment and security of the Junior Lien Obligations, including the establishment and maintenance of the special funds or accounts created for the payment and security thereof, all as hereinafter provided; and it is hereby resolved that the Junior Lien Obligations, and the interest thereon, shall constitute a lien on and pledge of the Junior Lien Pledged Revenues and be valid and binding without any physical delivery thereof or further act by the City, and the lien created hereby on the Junior Lien Pledged Revenues for the payment and security of the Junior Lien Obligations, shall be, subject to the subordinate lien nature of the Junior Lien Pledged Revenues as herein described otherwise, prior in right and claim as to any other indebtedness, liability, or obligation of the City or the System. The Junior Lien Obligations are and will be secured by and payable only from the Junior Lien Pledged Revenues, and are not secured by or payable from a mortgage or deed of trust on any properties whether real, personal, or mixed, constituting the System. (2) Chapter 1208, as amended, Texas Government Code, applies to the issuance of the Bonds and the pledge of Junior Lien Pledged Revenues granted by the City under subsection (A) of this Section, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Junior Lien Obligations are Outstanding and unpaid such that the pledge of the Junior Lien Pledged Revenues granted by the City is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Junior Lien Obligations the perfection of the security interest in this pledge, the City Council agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, as amended, Texas Business & Commerce Code and enable a filing to perfect the security interest in this pledge to occur. C. Rates and Charges. For the benefit of the Holders of the Bonds and in addition to all provisions and covenants in the laws of the State of Texas and in this Ordinance, the City hereby expressly stipulates and agrees, while any of the Junior Lien Obligations are Outstanding, to establish and maintain rates and charges for facilities and services afforded by the System that are reasonably expected, on the basis of available information and experience and with due allowance for contingencies, to produce Gross Revenues in each Fiscal Year sufficient: (1) To pay all Operating Expenses, or any expenses required by statute to be a first claim on and charge against the Gross Revenues of the System. (2) To produce Net Revenues, together with any other lawfully available funds, sufficient to satisfy the rate covenant contained in the ordinances authorizing the issuance of the Priority Bonds and to pay the principal of and interest on the Priority 79017907.5 B -12 Bonds and the amounts required to be deposited in any reserve or contingency fund or account created for the payment and security of the Priority Bonds, and any other obligations or evidences of indebtedness issued or incurred that are payable from and secured solely by a prior and first lien on an pledge of the Net Revenues of the System; (3) To produce Net Revenues, together with any other lawfully available funds, equal to at least 1.15 times Average Annual Debt Service Requirements on the then - Outstanding Junior Lien Obligations and to deposit the amounts required to be deposited in any reserve or contingency fund or account created for the payment and security of the Junior Lien Obligations, and any other obligations or evidences of indebtedness issued or incurred that are payable from and secured solely by a lien on and pledge of the Net Revenues, including the Junior Lien Pledged Revenues, that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds but senior and superior to the lien thereon and pledge thereof securing the repayment of the Inferior Lien Obligations; (4) To produce Net Revenues, together with any other lawfully available funds, sufficient to pay the amounts that may be deposited in the special funds established for the payment of the Subordinate Lien Obligations; (5) To produce Net Revenues, together with any other lawfully available funds, sufficient to pay the principal of and interest on the Inferior Lien Obligations as the same become due and payable and to deposit the amounts required to be deposited in any reserve or contingency fund or account created for the payment and security of the Inferior Lien Obligations, and any other obligations or evidences of indebtedness issued or incurred that are payable from and secured solely by a lien on and pledge of the Net Revenues that is subordinate and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds and the Junior Lien Obligations; and (6) To pay, together with any other lawfully available funds, any other legally incurred Debt payable from the Net Revenues of the System and /or secured by a lien on any part of the System. The determination of the amount of principal of and interest on any obligations identified in this Section for the purpose of confirming the sufficiency of System rates and charges shall be made after giving consideration as an offset to debt service the receipt or anticipated receipt of a refundable tax credit or similar payment relating to any series of obligations irrevocably designated as refundable tax credit bonds pursuant to the City ordinance authorizing their issuance or otherwise relating thereto. D. System Fund. The City hereby covenants, agrees, and ratifies its prior covenants and agreements that the Gross Revenues of the System shall be deposited, as collected and received, into a separate Fund or account (previously created and established and to be maintained with the Depository) known as the "City of Corpus Christi, Texas Utility System Revenue Fund" (the System Fund and that the Gross Revenues of the System shall be kept separate and apart from all other funds of the City. All Gross Revenues deposited into the System Fund shall be pledged and appropriated to the extent required for the following uses and in the order of priority shown: 79017907.5 B -13 (1) First: To the payment of all necessary and reasonable Operating Expenses or other expenses required by statute to be a first charge on and claim against the revenues of the System. (2) Second: To the payment of the amounts required to be deposited into the special funds and accounts created and established for the payment, security and benefit of the Previously Issued Priority Bonds and any Additional Priority Bonds hereafter issued by the City. (3) Third: To the payment of the amounts required to be deposited into the special funds and accounts created and established for the payment, security and benefit of the Junior Lien Obligations and any Additional Junior Lien Obligations hereafter issued by the City. (4) Fourth: To the payment of the amounts required to be deposited into the special funds and accounts created and established for the payment, security and benefit of the Previously Issued Subordinate Lien Obligations and any Additional Subordinate Lien Obligations hereafter issued by the City. (5) Fifth: To the payment of the amounts that must be deposited in any special funds and accounts created and established for the payment, security, and benefit of the Previously Issued Inferior Lien Obligations and any Additional Inferior Lien Obligations hereafter issued by the City. Any Net Revenues remaining in the System Fund following such transfers may be used by the City for payment of other obligations of the System, and for any other lawful purpose; provided, however, that for so long as any Priority Bonds remain Outstanding, transfers made for purposes other than for payment of obligations of the System shall be made only at the end of the Year (if such limitation is imposed, and then, only to the extent imposed in the City ordinances authorizing the issuance of the Priority Bonds. E. Bond Fund - Excess Funds. For purposes of providing funds to pay the principal of and interest on the currently Outstanding Junior Lien Obligations as the same become due and payable, the City agrees to maintain, at the Depository, a separate and special Fund or account to be created and known as the "City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds Interest and Sinking Fund" (the Bond Fund). The City covenants that there shall be deposited by an Authorized Official into the Bond Fund prior to each principal and interest payment date from the available Net Revenues an amount equal to one hundred per cent (100 %) of the amount required to fully pay the interest on and the principal of the currently Outstanding Junior Lien Obligations then falling due and payable, such deposits to pay maturing principal and accrued interest on the currently Outstanding Junior Lien Obligations to be made in substantially equal monthly installments on or before the 10th day of each month, beginning on or before the 10th day of the month next following the delivery of the Bonds to the Purchasers. As described further in Subsection 9G hereof, if the Junior Lien Pledged Revenues in any month are insufficient to make the required payments into the Bond Fund, then the amount of any deficiency in such payment shall be added to the amount otherwise required to be paid into the Bond Fund in the next month. 79017907.5 B -14 The required monthly deposits to the Bond Fund for the payment of principal of and interest on the currently Outstanding Junior Lien Obligations shall continue to be made as hereinabove provided until such time as (i) the total amount on deposit in the Bond Fund and Reserve Fund is equal to the amount required to fully pay and discharge all Outstanding Junior Lien Obligations (principal and interest) or (ii) the Junior Lien Obligations are no longer Outstanding. Any proceeds of the Bonds, and investment income thereon, not expended for authorized purposes shall be deposited into the Bond Fund and shall be taken into consideration and reduce the amount of monthly deposits required to be deposited into the Bond Fund from the Net Revenues of the System. Any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in such Fund from the Junior Lien Pledged Revenues. F. Reserve Fund. To accumulate and maintain a reserve for the payment of the Bonds equal to 100% of the Average Annual Debt Service Requirements or such lesser amount as restricted by the Code (calculated by the City Council at the beginning of each Fiscal Year and as of the date of issuance of the Bonds and each series of Additional Junior Lien Obligations) for the Bonds (the Required Reserve Amount), the City hereby creates and establishes, and shall maintain at a Depository a separate and special fund known as the "Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds Reserve Fund" (the Reserve Fund). Earnings and income derived from the investment of amounts held for the credit of the Reserve Fund shall be retained in the Reserve Fund until the Reserve Fund contains the Required Reserve Amount; thereafter, such earnings and income shall be deposited to the credit of the System Fund. All funds deposited into the Reserve Fund shall be used solely for the payment of the principal of and interest on the Bonds, when and to the extent other funds available for such purposes are insufficient, and, in addition, may be used to retire the last Stated Maturity or Stated Maturities of or interest on the Bonds. The City may acquire a Credit Facility or Facilities issued by a Credit Provider in amounts equal to all or part of the Required Reserve Amount for the Bonds in lieu of depositing cash into the Reserve Fund; provided, however, that no such Credit Facility may be so substituted unless the substitution of the Credit Facility will not, in and of itself, cause any ratings then assigned to the Bonds by any Rating Agency to be lowered and the resolution authorizing the substitution of the Credit Facility for all or part of the Required Reserve Amount for the Bonds contains (i) a finding that such substitution is cost effective and (ii) a provision that the interest due on any repayment obligation of the City by reason of payments made under such Credit Facility does not exceed the highest lawful rate of interest which may be paid by the City at the time of the delivery of the Credit Facility. The City reserves the right to use Junior Lien Pledged Revenues to fund the payment of (1) periodic premiums on the Credit Facility as a part of the payment of the City's Operating Expenses, and (2) any repayment obligation incurred by the City (including interest) to the Credit Provider, the payment of which will result in the reinstatement of such Credit Facility, prior to making payments required to be made to the 79017907.5 B -15 Reserve Fund pursuant to the provisions of this Section to restore the balance in such fund the Required Reserve Amount for the Bonds. Until the issuance of any Additional Junior Lien Obligations (or as from time to time recalculated by the City as provided in the first paragraph of this Section), the Required Reserve Amount is $ (inclusive of the Bonds and the Concurrently Issued Bonds). This amount shall be deposited to the Reserve Fund at such time as may be required pursuant to the provisions of this Section from Revenues, paid from the System Fund at such level of priority as specified in Subsection 9D, by the deposit of monthly installments, made on or before the 10th day of each month following the month in which such obligation to fund the Reserve Fund arises, of not less than 1 /60th of the amount to be maintained in the Reserve Fund. As and when Additional Junior Lien Obligations are delivered or incurred, the Required Reserve Amount shall be increased, if required, to an amount calculated in the manner provided in the first paragraph of this Section. Any additional amount required to be maintained in the Reserve Fund shall be so accumulated by the deposit of all or a portion of the necessary amount from the proceeds of the issue or other lawfully available funds in the Reserve Fund immediately after the delivery of the then proposed Additional Junior Lien Obligations, or, at the option of the City, by the deposit of monthly installments, made on or before the business day before the 10th day of each month following the month of delivery of the then proposed Additional Junior Lien Obligations, of not less than 1 /60th of the additional amount to be maintained in the Reserve Fund by reason of the issuance of the Additional Junior Lien Obligations then being issued (or 1 /60th of the balance of the additional amount not deposited immediately in cash) (such deposits, the Required Reserve Fund Deposits), thereby ensuring the accumulation in the Reserve Fund of the appropriate Required Reserve Amount. When and for so long as the cash and investments in the Reserve Fund equal the Required Reserve Amount, no deposits need be made to the credit of the Reserve Fund; but, if and when the Reserve Fund at any time contains less than the Required Reserve Amount (other than as the result of the issuance of Additional Junior Lien Obligations as provided in the preceding paragraph), the City covenants and agrees to cure the deficiency in the Required Reserve Amount by resuming the Required Reserve Fund Deposits to the Reserve Fund from the Junior Lien Pledged Revenues in monthly deposit amounts equal to not less than 1 /60th of the Required Reserve Amount covenanted by the City to be maintained in the Reserve Fund. Any such deficiency payments shall be made on or before the 10th day of each month until the Required Reserve Amount has been fully restored. The City further covenants and agrees that, subject only to the prior payments to be made to the Bond Fund, the Junior Lien Pledged Revenues shall be applied and appropriated and used to establish and maintain the Required Reserve Amount and to cure any deficiency in such amounts as required by the terms of this Ordinance, any City ordinance authorizing the issuance of the Priority Bonds, and any other ordinance pertaining to the issuance of Additional Junior Lien Obligations. During such time as the Reserve Fund contains the Required Reserve Amount, the City Council may, at its option, withdraw all surplus funds in the Reserve Fund in excess of the Required Reserve Amount. Any such withdrawn surplus shall be deposited to the Bond Fund or used by the City for any other lawful purpose; provided, however, to the extent that such excess 79017907.5 B -16 amount represents Bond proceeds, then such amount must be transferred to the Bond Fund or be otherwise used in accordance with then - applicable State law. In the event a Credit Facility issued to satisfy all or a part of the City's obligation with respect to the Reserve Fund causes the amount then on deposit in the Reserve Fund to exceed the Required Reserve Amount for the Bonds, the City may transfer such excess amount to any fund or funds established for the payment of or security for the Bonds (including any escrow established for the final payment of any such obligations pursuant to the provisions of Chapter 1207), or be used for any lawful purposes; provided, however, to the extent that such excess amount represents Bond proceeds, then such amount must be transferred to the Bond Fund or be otherwise used in accordance with then - applicable State law. Notwithstanding anything to the contrary contained in this Section 9F, the requirements set forth above to fund the Reserve Fund in the amount of the Required Reserve Amount shall be suspended for such time as the Junior Lien Pledged Revenues for each Fiscal Year are equal to at least 110% of the Average Annual Debt Service Requirements. In the event that the Junior Lien Pledged Revenues for any two consecutive Fiscal Years are less than 110% (unless such percentage is below 100% in any Fiscal Year, in which case the hereinafter — specified requirements will commence after such Fiscal Year) of the Average Annual Debt Service Requirements, the City will be required to commence making the deposits to the Reserve Fund, as provided above, and to continue making such deposits until the earlier of (i) such time as the Reserve Fund contains the Required Reserve Amount or (ii) the Junior Lien Pledged Revenues for a Fiscal Year have been equal to not less than 110% of the Average Annual Debt Service Requirements. G. Deficiencies - Excess Junior Lien Pledged Revenues. (1) If on any occasion there shall not be sufficient Junior Lien Pledged Revenues to make the required deposits into the Bond Fund, then such deficiency shall be cured as soon as possible from the next available unallocated Junior Lien Pledged Revenues, or from any other sources available for such purpose, and such payments shall be in addition to the amounts required to be paid into these Funds or accounts during such month or months. (2) Subject to making the required deposits to the Bond Fund when and as required by any ordinance or resolution authorizing the issuance of the currently Outstanding Priority Bonds, the Junior Lien Obligations, the Subordinate Lien Obligations, and the Inferior Lien Obligations, the excess Net Revenues of the System may be used by the City for any lawful purpose (as further provided in Subsection 9D hereof). H. Payment of Bonds. While any of the Bonds are Outstanding, an Authorized Official shall cause to be transferred to the Paying Agent /Registrar therefor, from funds on deposit in the Bond Fund, amounts sufficient to fully pay and discharge promptly each installment of interest on and principal of the Bonds as such installment accrues or matures; such transfer of funds must be made in such manner as will cause immediately available funds to be deposited with the 79017907.5 B -17 Paying Agent /Registrar for the Bonds at the close of the business day next preceding the date a debt service payment is due on the Bonds. L Investments. Funds held in any Fund or account created, established, or maintained pursuant to this Ordinance shall, at the option of the City, be placed in time deposits, certificates of deposit, guaranteed investment contracts or similar contractual agreements as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, or any other law, and secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured, or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from any Fund or account will be available at the proper time or times. Such investments (except State and Local Government Series investments held in book entry form, which shall at all times be valued at cost) shall be valued in terms of current market value within 45 days of the close of each Fiscal Year. All interest and income derived from deposits and investments in the Bond Fund immediately shall be credited to, and any losses debited to, the Bond Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. J. Application of the Covenants and Agreements of the Priority Bonds. It is the intention of the City Council and accordingly hereby recognized and stipulated that the provisions, agreements, and covenants contained herein bearing upon the management and operations of the System, and the administering and application of Gross Revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements, and covenants contained in the City ordinances authorizing the issuance of the Priority Bonds now or hereafter Outstanding, and to the extent of any irreconcilable conflict between the provisions contained herein and in the City ordinances authorizing the issuance of the Priority Bonds now or hereafter Outstanding, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance, especially the priority of rights and benefits conferred thereby to the holders of the Priority Bonds now or hereafter Outstanding. It is expressly recognized that prior to the issuance of any Additional Junior Lien Obligations or Additional Inferior Lien Obligations, that the City must comply with each of the conditions precedent contained in this Ordinance and the City ordinances authorizing the issuance of the then - Outstanding Priority Bonds, as appropriate. K. Issuance of Additional Priority Bonds, Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, and Additional Inferior Lien Obligations. _ Subsequent to the issuance of the Bonds and the Concurrently Issued Bonds (the issuance of each of which without compliance with the terms of this Subsection are hereby approved), the City hereby expressly reserves the right to hereafter issue bonds, notes, warrants, certificates of obligation, or similar 79017907.5 B -18 obligations, payable, wholly or in part, as appropriate, from and secured by a pledge of and lien on the Net Revenues of the System with the following priorities, without limitation as to principal amount, but subject to any terms, conditions, or restrictions applicable thereto under existing ordinances, laws, or otherwise: (1) Additional Priority Bonds payable from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues of the System upon satisfying each of the conditions precedent contained in the City ordinances authorizing the issuance of the Priority Bonds now or hereafter Outstanding. (2) Additional Junior Lien Obligations, secured by and payable from the Junior Lien Pledged Revenues, which includes (primarily) a lien on and pledge of Net Revenues that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds but senior and superior to the lien there on and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations, upon satisfying each of the following conditions precedent: (a) The City Manager (or other officer of the City then having the responsibility for the financial affairs of the City) shall have executed a certificate stating (i) that the City is not then in default as to any covenant, obligation or agreement contained in any ordinance or other proceeding relating to any obligations of the City payable from and secured by a lien on and pledge of the Net Revenues and (ii) that the amounts on deposit in all Funds or Accounts created and established for the payment and security of all Outstanding obligations payable from and secured by a lien on and pledge of the Net Revenues are the amounts then required to be deposited therein. Such certificate shall be dated on or before the date of delivery of such Additional Junior Lien Obligations, but such certificate shall not be dated prior to the date an ordinance is passed authorizing the issuance of such Additional Junior Lien Obligations. (b) Conditions Precedent for Issuance of Additional Junior Lien Obligations - Capital Improvements and for any other Lawful Purpose except for Capital Additions or for Refunding. The City covenants and agrees that Additional Junior Lien Obligations will not be issued for the purpose of financing Capital Improvements, or for any other lawful purpose (except for Capital Additions or for refunding, which are to be issued in accordance with the provisions of Subsection K(2)(c) and Subsection 9L this Section, respectively) unless and until the conditions precedent in Subsection K(2)(a) of this Section have been satisfied and, in addition thereto, the City has secured a certification of the City Manager to the effect that, according to the books and records of the City, the Net Earnings (as hereinafter defined) for the preceding Fiscal Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the Additional Junior Lien Obligations is adopted are at least equal to 1.15 times the Average Annual Debt Service Requirements for all then - Outstanding Priority Bonds or Junior Lien Obligations after giving effect to the Additional Junior Lien Obligations then proposed. The foregoing notwithstanding, the City covenants and agrees that Additional Junior Lien 79017907.5 B -19 Obligations may not be issued for the purpose of financing Capital Improvements when other Outstanding Junior Lien Obligations which have been issued for the purpose of financing Capital Additions and for which capitalized interest for such other Junior Lien Obligations has been provided for at least the twelve months subsequent to the date of issuance of the Additional Junior Lien Obligations then proposed to be issued, unless the conditions precedent in Subsection (a) above have been satisfied and, in addition thereto, the City has either (1) complied with the relevant conditions in this Subsection as set forth above, or (2) if the relevant conditions of this Subsection K(2)(b) as set forth above cannot be satisfied, the City has satisfied the conditions precedent in Subsection K(2)(c)(i) and (ii) of this Section (but, for purposes of such clauses, the term Capital Improvements shall be substituted for the term Capital Additions where the term Capital Additions appears therein to the extent necessary to give recognition to the fact that Capital Improvements, rather than Capital Additions, are then to be financed) and has secured a certification of the City Manager to the effect that, according to the books and records of the City, the Net Earnings for the preceding Fiscal Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the Additional Junior Lien Obligations is adopted are at least equal to 1.15 times the Average Annual Debt Service Requirements for all then - Outstanding Priority Bonds and Junior Lien Obligations (other than any Priority Bonds or Junior Lien Obligations issued for Capital Additions for which capitalized interest has been provided for at least the twelve months subsequent to the date of issuance of the Additional Junior Lien Obligations proposed to be issued) after giving effect to the Additional Junior Lien Obligations then proposed to be issued. (c) Conditions Precedent for Issuance of Additional Junior Lien Obligations - Capital Additions: Initial Issue. The City covenants and agrees that Additional Junior Lien Obligations will not be issued for the purpose of financing Capital Additions, unless the same conditions precedent specified in Subsection K(2)(a) above have been satisfied and, in addition thereto, either the relevant conditions precedent specified in Subsection K(2)(a) above are satisfied or, in the alternative, the City shall have obtained: (i) from the Engineer a comprehensive engineering report for each Capital Addition to be financed, which report shall (A) contain (1) detailed estimates of the cost of acquiring and constructing the Capital Addition, (2) the estimated date the acquisition and construction of the Capital Addition will be completed and commercially operative, and (3) a detailed analysis of the impact of the Capital Addition on the financial operations of the system for which the Capital Addition is to be integrated and to the System as a whole during the construction thereof and for at least five Fiscal Years after the date the Capital Addition becomes commercially operative, and (B) conclude that (1) the Capital Addition is necessary and will substantially increase the capacity, or is needed to replace existing facilities, to meet current and projected demands for the service or product to be provided thereby, and (2) the estimated cost of providing the service or product from the Capital Addition will be reasonable in comparison with projected costs for furnishing such service or product from other reasonably available sources; and 79017907.5 B -20 (ii) a certificate of the Engineer to the effect that, based on an engineering report prepared thereby for each Capital Addition, the projected Net Earnings for each of the five Fiscal Years subsequent to the date the Capital Addition becomes commercially operative (as estimated in the engineering report) will be equal to at least 1.15 times the Average Annual Debt Service Requirements for the currently Outstanding Junior Lien Obligations or incurred and all Additional Junior Lien Obligations estimated to be issued, if any, for all Capital Improvements and for all Capital Additions then in progress or then being initiated, during the period from the date the first series of obligations for the Capital Additions is to be delivered through the fifth Fiscal Year subsequent to the date the Capital Addition is estimated to become commercially operative. (d) Completion Issues. Once a Capital Addition has been initiated by meeting the conditions precedent specified in Subsection K(2)(c)(i) and (ii) above and the initial Junior Lien Obligations issued therefor are delivered, the City reserves the right to issue Additional Junior Lien Obligations to finance the remaining costs of such Capital Addition in such amounts as may be necessary to complete the acquisition and construction thereof and make the same commercially operative without satisfaction of any condition precedent under Subsection K(2)(c)(i) and (ii) or Subsection K(2)(a) of this Section but subject to satisfaction of the following conditions precedent: (i) the City makes a forecast (the Forecast) of the operations of the System demonstrating the System's ability to pay all obligations, payable from the Net Revenues of the System to be Outstanding after the issuance of the Additional Junior Lien Obligations then being issued for the period (the Forecast Period of each ensuing Fiscal Year through the fifth Fiscal Year subsequent to the latest estimated date such Capital Addition is expected to be commercially operative; and (ii) the Engineer reviews such Forecast and executes a certificate to the effect that (A) such Forecast is reasonable, and based thereon (and such other factors deemed to be relevant), the Net Revenues of the System will be adequate to pay all the obligations, payable from the Junior Lien Pledged Revenues of the System to be Outstanding after the issuance of the Additional Junior Lien Obligations then being issued for the Forecast Period and (B) the proceeds from the sale of such Additional Junior Lien Obligations are estimated to be sufficient to complete such acquisition and construction. (e) Computations; Reports. With reference to Junior Lien Obligations anticipated and estimated to be issued or incurred, the Average Annual Debt Service Requirements therefor shall be those reasonably estimated and computed by the City's Director of Financial Services (or other officer of the City then having the primary responsibility for the financial affairs of the City) after giving effect to the receipt or anticipated receipt of a refundable tax credit or similar payment relating to any series of Junior Lien Obligations irrevocably designated as refundable tax credit bonds, which payment shall be treated as an offset to regularly scheduled debt service of the series of Junior Lien Obligations to which it relates. In the preparation of the engineering report required in Subsection K(2)(c)(i) above, the Engineer may rely on other experts or 79017907.5 B -21 professionals, including those in the employment of the City, provided such engineering report discloses the extent of such reliance and concludes it is reasonable so to rely. In connection with the issuance of Junior Lien Obligations for Capital Additions, the certification of the City Manager and the Engineer, together with the engineering report for the initial issue and the Forecast for a subsequent issue, shall be conclusive evidence and the only evidence required to show compliance with the provisions and requirements and this clause of this Section. (f) Combination Issues. Junior Lien Obligations for Capital Additions may be combined in a single issue with Junior Lien Obligations for Capital Improvements or for any lawful purpose provided the conditions precedent set forth in Subsections K(2)(b) through (d) are complied with as the same relate to the appropriate purpose. (g) Definition of Net Earnings. As used in this Section, the term Net Earnings shall mean the Gross Revenues of the System after deducting the Operating Expenses of the System and those items identified in the SECOND level of priority in Subsection 91), but not expenditures which, under standard accounting practice, should be charged to capital expenditures. (h) Determination of Net Earnings. In making a determination of Net Earnings for any of the purposes described in this Section, the City Manager may take into consideration a change in the rates and charges for services and facilities afforded by the System that became effective at least 60 days prior to the last day of the period for which Net Earnings are determined and, for purposes of satisfying any of the Net Earnings test described above, make a pro forma determination of the Net Earnings of the System for the period of time covered by the City Manager's certification or opinion based on such change in rates and charges being in effect for the entire period covered by the City Manager's certificate or opinion. (3) The City may issue Additional Subordinate Lien Obligations secured by a lien on and pledge of the Net Revenues of the System subordinate and inferior to the lien thereon and pledge thereof securing the Priority Bonds and that is included in the Junior Lien Pledged Revenues, respectively, but senior and superior to the lien there on and pledge thereof securing the repayment of the Inferior Lien Obligations, on the terms and conditions desired by the City, subject only to the limitations imposed by applicable and upon satisfying each of the conditions precedent contained in the ordinances authorizing the issuance of the currently- Outstanding Priority Bonds, this Ordinance, and the Previously Issued Subordinate Lien Obligations. (4) The City may issue Additional Inferior Lien Obligations secured by a lien on and pledge of the Net Revenues of the System subordinate and inferior to the lien thereon and pledge thereof securing the Priority Bonds and that is included in the Junior Lien Pledged Revenues, respectively, on the terms and conditions desired by the City, subject only to the limitations imposed by applicable and upon satisfying each of the 79017907.5 B -22 conditions precedent contained in the ordinances authorizing the issuance of the currently- Outstanding Priority Bonds, this Ordinance, and, to the extent applicable, the Federal Contract. L. Refunding Bonds. The City reserves the right to issue refunding bonds to refund all or any part of the currently Outstanding Debt, pursuant to any applicable law then available, upon such terms and conditions as the City Council may deem to be in the best interest of the City, and if less than all such currently Outstanding Debt are refunded, the conditions precedent prescribed for the issuance of Additional Junior Lien Obligations set forth in Subsection 9k of this Ordinance shall be satisfied and the City Managers' certification required in Section 9k shall give effect to the Debt Service Requirements of the proposed refunding bonds (but shall not give effect to the Debt Service Requirements of the obligations being refunded following their cancellation or provision being made for their payment). 79017907.5 B -23 EXHIBIT C Defined Terms 79017907.5 B -1 For all purposes of the Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Exhibit C have the meanings assigned to them in this Exhibit C, and certain terms used in Sections 17 and 31 of the Ordinance have the meanings assigned to them in Sections 17 and 31 of the Ordinance, and all such terms, include the plural as well as the singular; (ii) all references in the Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of the Ordinance as originally adopted; and (iii) the words "herein ", "hereof, and "hereunder" and other words of similar import refer to the Ordinance as a whole and not to any particular Section or other subdivision. A. The term Account shall mean any account created, established and maintained under the terms of any ordinance authorizing the issuance of Priority Bonds. B. The term Accountant shall mean a nationally recognized independent certified public accountant, or an independent firm of certified public accountants. C. The term Additional Priority Bonds shall mean (i) any bonds, notes, warrants, or other evidences of indebtedness which the City reserves the right to issue or enter into, as the case may be, in the future under the applicable terms and conditions of this Ordinance and which are equally and ratably secured by a first and prior lien on and pledge of the Net Revenues of the System that is senior and superior to the lien thereon and pledge thereof that is made a part of Junior Lien Pledged Revenues or that may secure the repayment of any Inferior Lien Obligations and (ii) obligations hereafter issued to refund any of the foregoing if issued in a manner so as to be payable from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues as determined by the City Council in accordance with applicable law. D. The term Additional Inferior Lien Obligations shall mean (i) any bonds, notes, warrants, or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a lien and pledge of the Net Revenues, such pledge is subordinate and inferior to the lien on and pledge of the Net Revenues that are or will be pledged to the payment of the Priority Bonds, that is included in Junior Lien Pledged Revenues, or that are or will be pledged to the payment of the Subordinate Lien Obligations, and on parity with the lien on and pledge of the Net Revenues securing the payment of the then - Outstanding Inferior Lien Obligations and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with applicable law. E. The term Additional Junior Lien Obligations shall mean (i) any bonds, notes, warrants, or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a lien and pledge of the Junior Lien Pledged Revenues, such pledge to include a pledge of Net Revenues that is junior and inferior to the lien on and pledge of the Net Revenues that are or will be pledged to the payment of the Priority Bonds now Outstanding or hereafter issued by the City but senior and superior to the lien thereon and pledge thereof that are or will be pledged to the payment of the Subordinate Lien Obligations and the Inferior Lien Obligations now Outstanding or hereafter issued by the City, and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably 79017907.5 C -2 secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, as determined by the City Council in accordance with applicable law. F. The term Additional Subordinate Lien Obligations shall mean (i) any bonds, notes, warrants, or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a lien and pledge of the Net Revenues, such pledge is subordinate and inferior to the lien on and pledge of the Net Revenues that are or will be pledged to the payment of the Priority Bonds or that is included in Junior Lien Pledged Revenues, but senior and superior to the lien thereon and pledge thereof that are or will be pledged to the payment of the Inferior Lien Obligations now Outstanding or hereafter issued by the City, and on parity with the lien on and pledge of the Net Revenues securing the payment of the then - Outstanding Subordinate Lien Obligations and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with applicable law. G. The term Amortization Installment shall mean the amount of money which is required to be deposited into the Mandatory Redemption Account for retirement of Term Bonds (whether at maturity or by mandatory redemption and including redemption premium, if any). H. The term Attorney General shall mean the Office of the Attorney General of the State of Texas. L The term Authorized Denomination shall have the meaning given such term in Section 3 of this Ordinance. J. The term Authorized Official shall mean the Mayor of the City, the City Manager of the City, the Assistant City Manager for General Government and Operations Support, the Director of Financial Services, and the City Attorney. K. The term Average Annual Debt Service Requirements shall mean, (i) with respect to the Priority Bonds, that amount equal to the average annual principal and interest requirements (including Amortization Installments) of all Priority Bonds Outstanding. With respect to Priority Bonds that bear interest at a rate which is not established at the time of issuance at a single numerical rate for each maturity of such series, Average Annual Debt Service Requirements shall be calculated by (i) assuming that the interest rate for every 12 -month period on such bonds is equal to 9.20% or (ii) using the highest numerical rate borne over the preceding 24 month period by such bonds, whichever is greater; provided, however, that if such bonds have not borne interest at a variable rate for such 24 month period, such rate shall be assumed to be 9.20% until such time as bonds have been Outstanding for a 24 month period (in making such determinations, it shall be assumed that the principal of such bonds is amortized such that annual debt service is substantially level over the remaining stated life of such bonds); and (ii) with respect to the Junior Lien Obligations, that average amount which, at the time of computation, will be required to pay the Debt Service Requirements of obligations when due and derived by dividing the total of such Debt Service Requirements by the number of years then remaining before final Stated Maturity (the calculation of Average Annual Debt Service Requirements with respect to Junior Lien Obligations shall be net of (1) capitalized interest from bond proceeds and 79017907.5 C -3 (2) the receipt or anticipated receipt of a refundable tax credit or similar payment relating to a series of Junior Lien Obligations irrevocably designated as refundable tax credit bonds, which payment shall be treated as one offset to regularly scheduled debt service of the series of Junior Lien Obligations to which it relates). L. The term Bonds shall have the meaning given such term in Section 1 of this Ordinance. M. The term Capital Additions shall mean a reservoir or other water storage facilities, a water or wastewater treatment plant or an interest therein, an electric generation facility and /or distribution system or an interest therein, a gas distribution system or an interest therein and associated transmission facilities with respect to each and any combination thereof, which shall become a part of the System. N. The term Capital Improvements shall mean any capital extensions, improvements and betterments to the System other than Capital Additions. O. The term Capitalized Interest Account shall mean the Account by that name which may be created within the Debt Service Fund. P. The term City shall mean the City of Corpus Christi, Texas and, where appropriate, the City Council of the City. Q. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. R. The term Comptroller of Public Accounts shall mean the Office of the Comptroller of Public Accounts of the State of Texas. S. The term Credit Agreement shall mean a loan agreement, revolving credit agreement, agreement establishing a line of credit, letter of credit, reimbursement agreement, insurance contract, commitments to purchase Debt, purchase or sale agreements, interest rate swap agreements, or commitments or other contracts or agreements authorized, recognized, and approved by the City as a Credit Agreement in connection with the authorization, issuance, security, or payment of any Bond or the payment of any Credit Facility. T. The term Credit Facility shall mean (i) a policy of insurance or a surety bond, issued by an issuer of policies of insurance insuring the timely payment of debt service on governmental obligations, or (ii) a letter or line of credit issued by any financial institution. U. The term Credit Provider shall mean any bank, financial institution, insurance company, surety bond provider, or other institution which provides, executes, issues, or otherwise is a party to or provider of a Credit Agreement or Credit Facility. V. The term Debt shall mean (1) all indebtedness payable from Junior Lien Pledged Revenues and /or Net Revenues incurred or assumed by the City for borrowed money (including indebtedness 79017907.5 C -4 payable from Junior Lien Pledged Revenues and /or Net Revenues arising under Credit Agreements) and all other financing obligations of the System payable from Junior Lien Pledged Revenues and /or Net Revenues that, in accordance with generally accepted accounting principles, are shown on the liability side of a balance sheet; and (2) all other indebtedness payable from Junior Lien Pledged Revenues and /or Net Revenues (other than indebtedness otherwise treated as Debt hereunder) for borrowed money or for the acquisition, construction, or improvement of property or capitalized lease obligations pertaining to the System that is guaranteed, directly or indirectly, in any manner by the City, or that is in effect guaranteed, directly or indirectly, by the City through an agreement, contingent or otherwise, to purchase any such indebtedness or to advance or supply funds for the payment or purchase of any such indebtedness or to purchase property or services primarily for the purpose of enabling the debtor or seller to make payment of such indebtedness, or to assure the owner of the indebtedness against loss, or to supply funds to or in any other manner invest in the debtor (including any agreement to pay for property or services irrespective of whether or not such property is delivered or such services are rendered), or otherwise. For the purpose of determining Debt, there shall be excluded any particular Debt if, upon or prior to the maturity thereof, there shall have been deposited with the proper depository (a) in trust the necessary funds (or investments that will provide sufficient funds, if permitted by the instrument creating such Debt) for the payment, redemption, or satisfaction of such Debt or (b) evidence of such Debt deposited for cancellation; and thereafter it shall not be considered Debt. No item shall be considered Debt unless such item constitutes indebtedness under generally accepted accounting principles applied on a basis consistent with the financial statements of the System in prior Fiscal Years. W. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest calculated by assuming (i) that the interest rate for every 12 -month period on such bonds is equal to the rate of interest reported in the most recently published edition of The Bond Buyer (or its successor) at the time of calculation as the "Revenue Bond Index" or, if such Revenue Bond Index is no longer being maintained by The Bond Buyer (or its successor) at the time of calculation, such interest rate shall be assumed to be 80% of the rate of interest then being paid on United States Treasury obligations of like maturity and (ii) that, in the case of bonds not subject to fixed scheduled mandatory sinking fund redemptions, that the principal of such bonds is amortized such that annual debt service is substantially level over the remaining stated life of such bonds or in the manner permitted under Section 1371.057(c), as amended, Texas Government Code as the same relates to interim or non permanent indebtedness, and in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity according to a fixed schedule, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto (in each case notwithstanding any contingent obligation to redeem bonds more rapidly). For the term of any Credit Agreement in the form of an interest rate hedge agreement entered into in connection 79017907.5 C -5 with any such obligations, Debt Service Requirements shall be computed by netting the amounts payable to the City under such hedge agreement from the amounts payable by the City under such hedge agreement and such obligations. X. The term Depository shall mean an official depository bank of the City. Y. The term Eligible Investments shall mean those investments in which the City is authorized by law, including, but not limited to, the Public Funds Investment Act of 1987 (Chapter 2256, as amended, Texas Government Code), to purchase, sell and invest its funds and funds under its control, and with respect to the investment of proceeds of any Priority Bonds, guaranteed investment contracts fully collateralized by Government Obligations. Z. The term Engineer shall mean an individual, firm, or corporation engaged in the engineering profession, being a registered professional engineer under the laws of the State of Texas, having specific experience with respect to a combined municipal utility system similar to the System and such individual, firm, or corporation may be employed by, or may be an employee of, the City. AA. The term Federal Contract shall mean Contract No. 6- 07- O1 -XO675 entered into by an among the United States of America, the City and the Nueces River Authority, dated June 30, 1976, and amended on June 16, 1980, with respect to the Nueces River Reclamation Project, pursuant to which the City has pledged the revenues of its waterworks system in support of the payment obligations of the City under the Federal Contract, subordinate and inferior to the pledge of and lien on the Net Revenues securing the payment of the Priority Bonds, the lien thereon and pledge thereof securing the payment of the Junior Lien Obligations, as a result of such Net Revenues being included as Junior Lien Pledged Revenues, and the lien thereon and pledge thereof securing the payment of the Subordinate Lien Obligations. BB. The term Fiscal Year shall mean the twelve month accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City, which period presently commences on August 1 of each year and ends on the following July 31. CC. The term Government Securities as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; and (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. 79017907.5 C -6 DD. The term Gross Revenues shall mean all revenues, income, and receipts derived or received by the City from the operation and ownership of the System, including the interest income from the investment or deposit of money in any Fund created or confirmed by this Ordinance or maintained by the City in connection with the System, other than those amounts subject to payment to the United States of America as rebate pursuant to section 148 of the Code. EE. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. FF. The term Inferior Lien Obligations shall mean (i) the Previously Issued Inferior Lien Obligations, (ii) any Additional Inferior Lien Obligations, and (iii) any obligations issued to refund the foregoing payable and equally and ratably secured from a subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. GG. The term Interest Payment Date shall mean the date semiannual interest is payable on the Bonds, being January 15 and July 15 of each year, commencing 20, while any of the Bonds remain Outstanding. HH. The term Junior Lien Obligations shall mean (i) upon issuance, the Bonds and the Concurrently Issued Bonds, (ii) any Additional Junior Lien Obligations, and (iii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, which includes a lien on and pledge of Net Revenues that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds, but senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations, as determined by the City Council in accordance with applicable law. IL The term Junior Lien Pledged Revenues means (1) the Net Revenues that remain after payment of all amounts, and funding of all funds, relating to any Priority Bonds, plus (2) any additional revenues, income, receipts, or other resources, including, without limitation, any grants, donations, or income received or to be received from the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise, which hereafter are pledged by the City to the payment of the Bonds, and at the City's discretion, any Additional Junior Lien Obligations, and excluding those revenues excluded from Gross Revenues. JJ. The term Mandatory Redemption Account shall mean the Account by that name within the Debt Service Fund and established, if at all, by an ordinance authorizing the issuance of Priority Bonds. KK. The term Net Revenues shall mean all Gross Revenues less Operating Expenses. LL.The term Operating Expenses shall mean the expenses of operation and maintenance of the System, including all salaries, labor, materials, repairs, and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City, reasonably and fairly exercised by the passage of appropriate ordinances, are necessary to render adequate service, or such as might be necessary to meet some physical accident or 79017907.5 C -7 condition which would otherwise impair any Priority Bonds, Junior Lien Obligations, Subordinate Lien Obligations, Inferior Lien Obligations, or other Debt of the System. Operating Expenses shall include the purchase of water, sewer and gas services as received from other entities and the expenses related thereto, and, to the extent permitted by law, Operating Expenses may include payments made on or in respect of obtaining and maintaining any Credit Facility. Operating Expenses shall never include any allowance for depreciation, property retirement, depletion, obsolescence, and other items not requiring an outlay of cash and any interest on the Bonds or any Debt. MM. The term Ordinance shall mean this Ordinance adopted by the City Council on August 27, 2013 authorizing the issuance of the Bonds. NN. The term Outstanding shall mean when used in this Ordinance with respect to all Debt means, as of the date of determination, all Debt except: (1) those Priority Bonds, Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations canceled by the Paying Agent /Registrar or delivered to the Paying Agent /Registrar for cancellation; (2) those Priority Bonds, Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations for which payment has been duly provided by the City in accordance with the provisions of Section 19 of this Ordinance; and (3) those Priority Bonds, Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations that has been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 15 of this Ordinance. 00. The term Paying Agent /Registrar shall mean the financial institution specified in Section 3 of this Ordinance, or its herein - permitted successors and assigns. PP. The term Pledged Revenues shall mean (1) the Net Revenues, plus (2) any additional revenues, income, receipts, or other resources, including, without limitation, any grants, donations, or income received or to be received from the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise, which hereafter are pledged to the payment of the Priority Bonds. QQ. The term Previously Issued Inferior Lien Obligations shall mean the Federal Contract. RR. The term Previously Issued Junior Lien Bonds shall mean, as of the Closing Date the Outstanding and unpaid obligations of the City that are payable solely from and equally and ratably secured by a lien on and pledge of the Junior Lien Pledged Revenues, identified as follows: 79017907.5 C -8 (1) "City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2012 ", dated November 15, 2012, in the original principal amount of $69,085,000; and (2) "City of Corpus Christi, Texas Utility System Junior Lien Revenue and Refunding Bonds, Series 2012 ", dated November 15, 2012, in the original principal amount of $155,660,000. SS. The term Previously Issued Priority Bonds shall mean, as of the Closing Date the Outstanding and unpaid obligations of the City that are payable solely from and equally and ratably secured by a prior and first lien on and pledge of the Net Revenues of the System, identified as follows: (1) "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2003 ", dated May 15, 2003, in the original principal amount of $28,870,000; (2) "City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2004 ", dated August 15, 2004, in the original principal amount of $50,000,000; (3) "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005 ", dated January 1, 2005, in the original principal amount of $70,390,000; (4) "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005A ", dated October 1, 2005, in the original principal amount of $68,325,000; (5) "City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2006 ", dated October 1, 2006, in the original principal amount of $84,415,000; (6) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2009 ", dated March 1, 2009, in the original principal amount of $96,490,000; (7) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010 ", dated March 1, 2010, in the original principal amount of $8,000,000; (8) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Taxable Series 2010 (Direct Subsidy -Build America Bonds) ", dated July 1, 2010, in the original principal amount of $60,625,000; (9) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010A ", dated July 1, 2010, in the original principal amount of $14,375,000; and (10) "City of Corpus Christi, Texas Utility System Revenue Bonds, Series 2012 ", dated April 1, 2012, in the original principal amount of $55,000,000. 79017907.5 C -9 TT.The term Previously Issued Subordinate Lien Obligations shall mean the Series 2007 Certificates of Obligation. UU. The term Priority Bonds shall mean the Previously Issued Priority Bonds, any Additional Priority Bonds, and obligations hereafter issued to refund any of the foregoing if issued in a manner so as to be payable from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues of the System, as determined by the City Council in accordance with any applicable law. VV. The term Prudent Utility Practice shall mean any of the practices, methods and acts, in the exercise of reasonable judgment, in the light of the facts, including but not limited to the practices, methods and acts engaged in or approved by a significant portion of the public utility industry prior thereto, known at the time the decision was made, would have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. It is recognized that Prudent Utility Practice is not intended to be limited to the optimum practice, method or act at the exclusion of all others, but rather is a spectrum of possible practices, methods or acts which could have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. In the case of any facility included in the System which is owned in common with one or more other entities, the term "Prudent Utility Practice ", as applied to such facility, shall have the meaning set forth in the agreement governing the operation of such facility. WW. The term Purchasers shall mean the initial purchaser or purchasers of the Bonds named in Section 16 of this Ordinance. XX. The term Rating Agency shall mean any nationally recognized securities rating agency which has assigned a rating to the Priority Bonds. YY. The term Required Reserve Amount shall have the meaning given such term in Section 9F of this Ordinance. ZZ.The term Reserve Fund shall have the meaning given such term in Section 9F of this Ordinance. AAA. The term Reserve Fund Obligations shall mean cash, Eligible Investments, any Credit Facility, or any combination of the foregoing. BBB. The term Series 2007 Certificates of Obligation shall mean the City's "Combination Tax and Utility System Revenue Certificates of Obligation, Series 2007 ", dated March 1, 2007, in the original principal amount of $6,985,000, being the only series of Subordinate Lien Obligations currently Outstanding. CCC. The term Special Project shall mean, to the extent permitted by law, any water, sewer, wastewater reuse, or municipal drainage system property, improvement, or facility declared by the City, upon the recommendation of the City Council, not to be part of the System, for which the costs of acquisition, construction, and installation are paid from proceeds of Special Project Bonds (as hereinafter defined) being a financing transaction other than the issuance of bonds payable from ad valorem taxes, Junior Lien Pledged Revenues, or Net 79017907.5 C -10 Revenues and for which all maintenance and operation expenses are payable from sources other than ad valorem taxes, Junior Lien Pledged Revenues, or Net Revenues, but only to the extent that and for so long as all or any part of the revenues or proceeds of which are or will be pledged to secure the payment or repayment of such costs of acquisition, construction, and installation under such Special Project Bonds. DDD. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on July 15 of each year, as set forth in Section 3 of this Ordinance. EEE. The term Subordinate Lien Obligations shall mean (i) the Previously Issued Subordinate Lien Obligations, (ii) any Additional Subordinate Lien Obligations, and (iii) any obligations issued to refund the foregoing payable and equally and ratably secured from a s lien on and pledge of the Net Revenues that is subordinate and inferior to the lien there on and pledge thereof securing the payment of the Priority Bonds and the Junior Lien Obligations but superior to the lien thereon and pledge thereof securing the payment of the Inferior Lien Obligations, as determined by the City Council in accordance with any applicable law. FFF. The term System shall mean and include, whether now existing or hereinafter added (including additions made from time to time in accordance with the provisions of the City ordinances authorizing the issuance of the Outstanding Priority Bonds), the City's existing combined waterworks system, wastewater disposal system and gas system, together with all future extensions, improvements, enlargements, and additions thereto, including, to the extent permitted by law (and to be added at the sole discretion of the City), storm sewer and drainage within the waterworks system, solid waste disposal system, additional utility (including electricity), telecommunications, technology, and any other similar enterprise services, and all replacements, additions, and improvements to any of the foregoing, within or without the City limits; provided that, notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not include any waterworks, wastewater or gas facilities which are declared by the City to be a Special Project and not a part of the System and which are hereafter acquired or constructed by the City with the proceeds from the issuance of "Special Project Bonds ", which are hereby defined as being special revenue obligations of the City which are not secured by or payable from all or part of the Junior Lien Pledged Revenues and /or Net Revenues, but which are secured by and payable solely from special contract revenues, or payments received from the City or any other legal entity, or any combination thereof, in connection with such facilities; and such revenues or payments shall not be considered as or constitute Gross Revenues of the System, unless and to the extent otherwise provided in the ordinance or ordinances authorizing the issuance of such "Special Project Bonds ". GGG. The term System Fund shall have the meaning given such term in Section 9D of this Ordinance. HHH. The term Value of Investment Securities and words of like import shall mean the amortized value thereof, provided, however, that all United States of America, United States Treasury Obligations — State and Local Government Series shall be valued at par and those obligations which are redeemable at the option of the holder shall be valued at the price at which such obligations are then redeemable. The computations made under this paragraph shall include 79017907.5 C -1 I accrued interest on the investment securities paid as a part of the purchase price thereof and not collected. For the purposes of this definition, "amortized value ", when used with respect to a security purchased at par, means the purchase price of such security. 79017907.5 C -12 EXHIBIT D Purchase Contract See Tab No. 8 79017907.5 D -1 EXHIBIT E Paying Agent /Registrar Agreement See Tab No. 4 79017907.5 E -1 EXHIBIT F Description of Annual Financial Information The following information is referred to in Section 31 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The City's audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, unaudited financial statements of the City for the most recently concluded fiscal year. 2. Tables 1 through 23 contained in the Official Statement; and the Audited Financial Statement of the City, as set forth in Appendix B to the Official Statement. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to above. 79017907.5 F -1 EXHIBIT G Form of Reimbursement Agreement N/A 79017907.5 G -1 EXHIBIT H DTC Letter of Representations See Tab No. 5 79017907.5 H -1 FE I h Mot AGENDA MEMORANDUM Future Item for the City Council Meeting of August 20, 2013 Action Item for the City Council Meeting of August 27, 2013 DATE: August 20, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826 -3227 Authorization for the Issuance of Utility System Revenue Bonds CAPTION: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for one or more series of City of Corpus Christi, Texas Utility System Revenue Bonds, in an aggregate principal amount not to exceed $106,000,000. B. Ordinance authorizing the issuance of one or more series of City of Corpus Christi, Texas Utility System Revenue Bonds, in an aggregate principal amount not to exceed $106,000,000, pursuant to the delegation provisions set forth herein; making provisions for the payment and security thereof of a parity with certain currently outstanding Utility System revenue obligations; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; prescribing the forms, terms, conditions, and resolving other matters incident and related to the issuance, sale and delivery of each series of bonds; including the approval and distribution of one or more Official Statements pertaining thereto; authorizing the execution of one or more paying agent/registrar agreements, and one or more purchase contracts; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; establishing the City's intention to reimburse itself from the proceeds of any such series of bonds for the prior lawful expenditure of funds to construct various City improvements; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of each series of bonds; and providing an effective date. PURPOSE: The City plans on issuing up to $106,000,000 of Utility System Revenue Bonds to fund utility projects outlined in Year 1 of the Fiscal Year 2014 Capital Improvement Plan, exclusive of the Mary Rhodes Water Supply Pipeline Phase 2 project for which we will be proposing additional utility revenue bonds at a later date. BACKGROUND AND FINDINGS: Part A: Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the Mayor, City Manager, Assistant City Manager, and Director of Financial Services in Part B of this agenda item. WN: II With the beginning of the new fiscal year, it is the City's intent to fully fund the utility projects outlined in Year 1 of the Fiscal Year 2014 Capital Improvement Plan (CIP) with Utility System Revenue Bonds. Included in these bonds will be funding for capital expenditures related to the acquisition, construction, equipping, or furnishing of any project or facility related to the City's Combined Utility System. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and the Director of Financial Services (the "Delegated Officials ") the authority to effect the sale of the bonds subject to the following parameters: (1) the principal amount of each series of bonds may not exceed $106,000,000; (2) none of the bonds shall bear interest at a rate greater than 7% per year, and (3) the bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the bonds to the Delegated Officials in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. In addition, this ordinance gives the City the authority to reimburse itself from bond proceeds for qualifying expenditures. In order to adhere to the time schedules to insure timely completion of the CIP projects, the City must move forward with contracts prior to the completion of the final closing on the bonds. These amounts will not exceed $105,000,000. For the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON- EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and /or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $106,000,000 - $ 106,000,000 Encumbered /Expended amount of (date) - - - - This item - $106,000,000 - $ 106,000,000 BALANCE - - - - FUND(S): CIP Funds COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Financial Advisor Fee Schedule Ordinance � K" Jac. INVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS $7,500 plus $20.00 per $1,000 for all over $150,000 $9,500 plus $10.00 per $1,000 for all over $250,000 $10,500 plus $8.00 per $1,000 for all over $350,000 $11,700 plus $7.00 per $1,000 for all over $500,000 $13, 100 plus $6.00 per $1,000 for all over $700,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25 %. EXHIBIT A And Not More than More than $ $ 250,000 250,000 350,000 350,000 500,000 500,000 700,000 700,000 1,000,000 1,000,000 1,500,000 1,500,000 5,000,000 5,000,000 10,000,000 10,000,000 20,000,000 20,000,000 No Limit $7,500 plus $20.00 per $1,000 for all over $150,000 $9,500 plus $10.00 per $1,000 for all over $250,000 $10,500 plus $8.00 per $1,000 for all over $350,000 $11,700 plus $7.00 per $1,000 for all over $500,000 $13, 100 plus $6.00 per $1,000 for all over $700,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25 %. EXHIBIT A s cc AGENDA MEMORANDUM Qk6RY Future Item for the City Council Meeting of August 20, 2013 Action Item for the City Council Meeting of August 27, 2013 DATE: August 12, 2013 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag @cctexas.com 361.826.3850 Supporting the candidacy of Mayor Nelda Martinez for President -elect of the Texas Municipal League for 2013. CAPTION: A resolution supporting the candidacy of Mayor Nelda Martinez for the position of President -elect of the Texas Municipal League. PURPOSE: Texas Municipal League rules require a candidate for President -elect to submit a resolution from the municipality's governing body supporting their candidacy. In addition, the candidates for President -elect must submit a Candidate Data Form. The deadline for submitting all required paperwork is September 1, 2013. BACKGROUND AND FINDINGS: Candidates for President and President -elect are elected by the TML Board of Directors and must be a current TML Board member. Mayor Martinez is one of the eight At -Large Directors representing the eight most populous cities in Texas. Other TML Board members come from the 16 regions, the various affiliate organizations, and any past TML presidents still serving in municipal government. Former Corpus Christi Mayor Luther Jones served as TML President in 1982 and Mayor Loyd Neal served as TML President in 2000. If multiple candidates file for office, a nominating committee will interview the candidates during the upcoming TML Annual Conference, October 8 -11, 2013, in Austin. The nominating committee will nominate one candidate for President and President -elect and the vote by the TML Board of Directors on those nominations will take place on October 11. ALTERNATIVES: The City Council has two options: (1) Approve the resolution of support, which is a requirement for candidacy; or (2) Oppose the resolution, which would preclude candidacy. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: ►U_1 EMERGENCY /NON - EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: City Attorney, Mayor's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital © Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s) Comments: None RECOMMENDATION: Staff recommends approval of the resolution LIST OF SUPPORTING DOCUMENTS: 1. Texas Municipal League Memo on nomination process; 2. Resolution of support; 3. Candidate Data Form W-i TEXAS MUNICIPAL LEAGUE In accordance with TML policy, I am forwarding a copy of "Formation and Procedures of the Texas Municipal League Nominating Committee." You will need this information if you wish to be considered for the position of TML president-elect. I also want to inform you that TMI, President John Monaco has appointed the following Board members to the 2013 TML Nominating Corm-nittee: Leonard Reed, Mayor, Willis - Chair TML Past President — Guy Goodson, City Attorney, Vidor TML Past President — Jackie Levingston, Mayor, Groesbeck Marion Grayson, Mayor Pro Tem, Belton Bill Spelman, Councilmember, Austin If you have any questions, please call at any time, 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-51,01 F 512-231-7400 * F 512-231..7490 * www.tml.org President John Monaco, Mayor, Mesquite Executive Director Bennett Sandlin July '), 2013 0 JUL 2013 MEMORA,NDUM Receiv ed Office Of Th" AlaYor TO: Members of the TML Board of Directors 41-Z FROM: Bennett Sandlin, Executive Director SUBJECT: 2013 TML Nominating Cornniittee and Nominating Procedures In accordance with TML policy, I am forwarding a copy of "Formation and Procedures of the Texas Municipal League Nominating Committee." You will need this information if you wish to be considered for the position of TML president-elect. I also want to inform you that TMI, President John Monaco has appointed the following Board members to the 2013 TML Nominating Corm-nittee: Leonard Reed, Mayor, Willis - Chair TML Past President — Guy Goodson, City Attorney, Vidor TML Past President — Jackie Levingston, Mayor, Groesbeck Marion Grayson, Mayor Pro Tem, Belton Bill Spelman, Councilmember, Austin If you have any questions, please call at any time, 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-51,01 F 512-231-7400 * F 512-231..7490 * www.tml.org �IIJW I �9�111 IN *AINAVI IN 13 10MR110-ma I I a 10,311 The TML Nominating Committee shall be formed and shall conduct its activities under the following TML Board-adopted policies. Formation of a Nominating Committee During the June meeting of the TML Board of Directors, the TML President shall appoint a TML Nominating Committee to be made up of not less than five nor more than seven members of the TML Board of Directors, all of whom shall be elected officials. The most immediate TML Past President shall chair the Nominating Committee, and two other Past Presidents shall be appointed to the Committee. I The TML President shall attempt to make appointments in a way that balances the Nominating Committee with regard to gender, ethnicity, geographic regions, city size, and other relevant factors. Following the June meeting of the TML Board of Directors, all Board members and all member cities shall be notified of the composition of the Nominating Committee and of the procedures to be used by the Committee. Specifically, such information shall be printed in the issue of Texas Town & City magazine that is published in July. Procedures of the Nominating Committee A candidate for TML President-Elect must be: (1) an elected official of a member city; (2) a member of the TML Board of Directors; and (3) shall declare his or her candidacy by completing a Candidate Data Form and mailing a sufficient number of those forrns to: Nominating Committee c/o Bennett Sandlin, Executive Director Texas Municipal League 1821 Rutherford Lane, Suite 400 Austin, Texas 78754-5128 Candidate Data Forms may be obtained from the TML Executive Director. A candidate for TML President-Elect must submit seven copies of the Candidate Data Form along with any attachments to that form. That material must be mailed and must be postmarked prior to September 1. No material may be faxed or e-mailed. The TML Executive Director shall distribute the submittal materials to Committee Members. The Candidate Data Form submitted by a candidate for TML President-Elect must include a copy of a resolution of support from the candidate's municipal governing body and may include a biographical sketch or resume. Page I of 3 If there are two or more candidates for the position of TML President-Elect, the Nominating Committee shall interview the candidates no sooner than September I and no later than the day on which the Nominating Committee makes its report to the TML Board of Directors during the TML Annual Conference. The specific times and places for such interviews shall be coordinated by the TML Executive Director. The TML Executive Director shall not be present during deliberations except at the unanimous request of the Nominating Committee members present. Members of the Nominating Committee may seek candidates for TML President-Elect prior to September 1. All persons who are eligible to run for TML President-Elect shall be informed that the TML Nominating Committee will base its decision on the candidates' qualifications and interviews, and not on the basis of campaigning directed to the Nominating Committee, the TML Board of Directors, other city officials, or member cities. If, at the time of the June meeting of the TML Board of Directors, the position of President-Elect is vacant and the TML President is ineligible for another term as TML President, these procedures of the TML Nominating Committee shall also govern the nominating process for the position of TML President. Report of the Nominating Committee The Nominating Committee shall make a written report to the TML President prior to the time the Committee will make its oral report to the TML Board of Directors at the TML Annual Conference. That meeting shall be an open meeting and shall be listed in the Annual Conference Program. The Nominating Committee shall nominate one Board member for TML President and one Board member for TML President-Elect. Action on the Nominating Committee Report Following the oral report of the Nominating Committee, the position of TML President shall be considered first and separate from the position of TML President-Elect. Nominations from the floor shall be allowed. Three TML Board members must second any nomination from the floor for either TML President or TML President-Elect. A TML Board member may nominate himself or herself or may second his or her nomination. A nomination from the floor does not require the suspension of any rules of procedure. If an election is contested, each candidate may address the TML Board of Directors for no more than three minutes. No other person may speak on behalf of a candidate. If an election is uncontested, the vote shall be by voice vote. Page 2 of 3 If an election is contested, the vote shall be by written ballot. In that case, the TML President shall appoint two disinterested persons from the TML Board or staff to act as tellers to count the ballots. If an election is contested by three or more candidates, the candidate who receives the most votes shall be declared the winner. There shall be no run -off, except in the case of a tie for the most votes. Page 3 of 3 Texas Munlci al Lea ue Candidate Data Form TML President -Elect Name Current Municipal Position City Expiration of Term of office Current Population of City Please describe your public service experience including all elected and appointed positions in local government. Please list any TML service such as policy committees, affiliate groups, TML region, TML Resolutions Committee, and other TML committees or task forces and the year(s) of service. Page 1 of 2 Please list any National League of Cities service such as committees and task forces and the year(s) of service. Please list any other public service activities or experience. Note: You must attach a copy of a resolution of your governing body supporting your candidacy. You may also attach a biographical sketch or resume. Please note that the TML Nominating Committee shall base its decision on the candidates' qualifications and interviews, not on the basis of campaigning directed to the Nominating Committee, the TML Board of Directors, other city officials, affiliate groups, or member cities. You must send seven copies of this form and all attachments to: Nominating Committee c/o Bennett Sandlin, Executive Director Texas Municipal League 1821 Rutherford Lane, Suite 400 Austin, Texas 78754 -5128 Your submittal must be mailed and must be postmarked prior to September 1. No faxes will be accepted. Page 2 of 2 A RESOLUTION SUPPORTING THE CANDIDACY OF MAYOR NELDA MARTINEZ FOR THE POSITION OF PRESIDENT -ELECT OF THE TEXAS MUNICIPAL LEAGUE WHEREAS, since it was formed in 1913, the Texas Municipal League has been a valuable advocate for the needs and concerns of cities in the Texas Legislature, the U. S. Congress, and before agencies and courts, as well as being a forum or the exchange of ideas among leaders of Texas cities and towns; and, WHEREAS, at its annual conference in October 2013, the Texas Municipal League Nominating Committee will select an individual to fill the role of President -Elect for the 2013/2014 term; and WHEREAS, that individual will serve in that role until the annual conference in October of 2014 at which point that person will assume the role of Texas Municipal League President until October of 2015; WHEREAS, Mayor Martinez' service in that office would raise the awareness of our great City and, also assure that the needs of the Coastal Bend and cities across the state are heard in Austin; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council of the City of Corpus Christi supports the candidacy of Mayor Nelda Martinez in her bid for the position of President -Elect of the Texas Municipal League. SECTION 2. That this resolution shall be effective on and after its adoption. SC a AGENDA MEMORANDUM Nb,gaam Future Item for the City Council Meeting of August 20, 2013 s Action Item for the City Council Meeting of August 27, 2013 DATE: August 5, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods Co)cctexas. com 886 -2604 Authorizing an interlocal agreement with San Patricio County for the Police Department's breath alcohol testing program. CAPTION: Resolution authorizing the City Manager or his designee to execute an interlocal agreement with San Patricio County in the amount of $11,000 for the services of a Technical Supervisor to operate the Police Department's breath alcohol testing program for the twelve month period of January 1, 2014 — December 31, 2014. WFINaelaq The Police Department's breath alcohol testing program must be operated by a certified Department of Public Safety Technical Supervisor. When the City Detention Center opened in September, 2004, the Police Department began its own intoxilyzer program. Prior to opening, Nueces County provided the intoxilyzer program. The Texas Department of Public Safety requires one of their area Technical Supervisors to oversee the program, ensuring the intoxilyzer instruments are inspected and serviced at least once a month. The Supervisor must also be available to testify as a witness reference to the instruments. The amount has increased from $7,500 in previous years to $11,000. Funds are provided by the Law Enforcement Trust Fund. ALTERNATIVES: None • • 1 a Its ►=! CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 11,000 11,00 Encumbered / Expended Amount This item 1 11,0001 1 11,000 BALANCE 1 0 1 1 0 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends passing the resolution. Interlocal agreement Resolution authorizing the City Manager or his designee to execute an interlocal agreement with San Patricio County in the amount of $11,000 for the services of a Technical Supervisor to operate the Police Department's breath alcohol testing program for the twelve month period of January 1, 2014 — December 31, 2014. 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 an interlocal agreement with San Patricio County in the amount of $11,000 for the services of a Technical Supervisor to operate the Police Department's breath alcohol testing program for the twelve month period of January 1, 2014 — December 31, 2014. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez 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 INTERLOCAL AGREEMENT SAN PATRICIO COUNTY AND THE CITY OF CORPUS CHRISTI WHEREAS SAN PATRICIO COUNTY, Texas employs Roxana Payne Lecocke as a Technical Supervisor in its Intoxilyzer Program for the benefit of the law enforcement and prosecution agencies of said County in their enforcement of the driving while intoxicated laws of the State of Texas; and, WHEREAS the CITY OF CORPUS CHRISTI, Texas desires the continued use of the professional services of the said Roxana Payne Lecocke for the benefit of the law enforcement and prosecution agencies of said CITY in like enforcement of said laws, the Parties hereto enter into the following Agreement: 1. PARTIES The following local governmental entities are Parties to this Interlocal Agreement and the signatures of their authorized representatives below indicate acceptance of its terms: A. SAN PATRICIO COUNTY, Texas, ( "COUNTY ") acting by and through its Commissioners' Court; and B. The CITY OF CORPUS CHRISTI, Texas, ( "CITY ") acting by and through its City Council. 2. INTENT It is the intent of the Parties to enter into an Agreement as provided in the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The subject of the Agreement, providing the services of an Intoxilyzer Technical Supervisor as an adjunct of the law enforcement responsibility of the Parties, is a function within the contemplation of the Act and one which each Party is authorized to perform independently, irrespective of this Agreement. 3. TERMS OF AGREEMENT This Agreement shall be in effect for the period beginning on January 1, 2014 and ending December 31, 2014, unless terminated by one or both Parties. The term of the Agreement shall be automatically renewed for subsequent twelve (12) month periods, subject to the termination provisions contained herein. Either Party may terminate its participation in the Agreement by giving the other Party ninety (90) days' notice, in writing, of such termination. The CITY shall pay COUNTY an amount of Eleven Thousand and no /100 Dollars ($11,000.00) per twelve -month period for the above - described services of the said Technical Supervisor. Subject to the termination provisions contained herein, and subject to annual appropriations by the City Council, such payments will commence on December 31, 2014 and will be paid thereafter on the last day of December of each succeeding year. The CITY shall make annual payment by check in one lump sum of $11,000.00. The check shall be made payable to "San Patricio County" and delivered or mailed to 400 West Simon Street, Room 109, Simon, Texas 78387. 4. PERSONNEL Roxana Payne Lecocke, a trained toxicologist, is certified as a Technical Supervisor by the Texas Department of Public Safety. She is employed by COUNTY as administrator of that County's Intoxilyzer Program. The salary of Roxana Payne Lecocke is determined by the COUNTY'S Commissioners' Court and shall be included in the budget of said COUNTY. In the event that Roxana Payne Lecocke should become disabled, her employment be terminated, or she is otherwise rendered unable to perform the services contemplated by this Agreement, the Parties may terminate this Agreement or negotiate for further services to be performed by another qualified individual. Termination under this Section, or Section 3 above, shall not affect obligations incurred by the Parties before the Agreement was terminated. All funds due or collected pursuant to this Agreement shall be pro -rated to the day of termination of this Agreement and shall be paid or refunded as necessary to effect the purposes hereof. 5. DUTIES OF THE PARTIES The Intoxilyzer instrument(s) in CITY shall be inspected and serviced at least once a month. The Technical Supervisor shall keep a record of such services as required by law and be available to testify as a witness with reference to said instrument(s) in the courts of Nueces County. The Technical Supervisor shall keep a record of all professional duties and services performed in her official capacity. The record shall include time spent performing each duty for the COUNTY and /or City of service, respectively. The Technical Supervisor shall prioritize competing demands for services in the order of official notification at the address and telephone number provided by the Technical Supervisor. The CITY POLICE DEPARTMENT shall provide all consumable items and extraordinary repairs required to operate their breath alcohol testing program. 6. NON - EXCLUSIVITY COUNTY has established a cost - sharing relationship with the CITY concerning the services of a Technical Supervisor. COUNTY reserves the right to enter into interlocal agreements with other governmental entities similar to the Agreement hereby established and nothing herein shall be construed as a limitation thereof. 7. ACCEPTANCE AND APPROVAL This Agreement and all obligations hereunder shall not be binding on the Parties until approved by the respective Commissioners' Court and /or City Councils by majority vote on motions reflecting the entire term of this Agreement. Said approval shall be entered in the minutes and attested below by the clerks of the respective Courts. APPROVED by resolution of the City Council of Corpus Christi, Texas, on the day of , 2013. CITY OF CORPUS CHRISTI, TEXAS Ronald L. Olson, City Manager ATTEST: Armando Chapa, City Secretary Legal Form Approved , 2013; Carlos Valdez, City Attorney APPROVED by resolution of the Commissioners' Court of San Patricio County, Texas, on the day of , 2013. SAN PATRICIO COUNTY, TEXAS Terry Simpson, County Judge ATTEST: Gracie Alaniz- Gonzales, County Clerk G� O� AGENDA MEMORANDUM Future Item for the City Council Meeting of August 20, 2013 koPmaE° Action Item for the City Council Meeting of August 27, 2013 18552 DATE: August 12, 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 Services Contract J.C. Elliott FY2013 -2014 Groundwater Monitoring and Related Services CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Kleinfelder Central, Inc. from Corpus Christi, Texas in the amount of $112,200.00, for J. C. Elliott Landfill FY2013 -2014 Groundwater Monitoring and Related Services. WINIESMS The purpose of this Agenda Item is to authorize the selected consultant to prepare the annual ground -water monitoring report as specified by the Texas Commission on Environmental Quality (TECQ). In addition, detection monitoring and needed verification tests will be conducted. BACKGROUND AND FINDINGS: JC Elliott Landfill requires groundwater monitoring and services related to the monitoring for State regulatory compliance. The scope includes: 1) Detection monitoring sampling of wells in August 2013 and February 2014, in accordance with the current Ground Water Sampling and Analysis Plan (GWSAP) 2) Verification re- sampling will be conducted for events of significant increases and submit results are alternate source demonstrations to TCEQ. 3) Report data, significant increases, prepare correspondence/ submittals to TCEQ, and prepare Annual Report. 4) Quarterly methane monitoring Update estimates of intra -well background by incorporating data collected in 2012 and 2013 ALTERNATIVES: 1. Award the Consulting contract to Kleinfelder Central Inc. as proposed. 2. Do not award the Consulting contract to Kleinfelder Central Inc. as proposed. (Not recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Not applicable EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- Project to Date 2013 Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $129,000.00 $0.00 $129,000.00 Encumbered / $0.00 $0.00 Expended Amount This item $112,200.00 $0.00 $112,200.00 Future Anticipated expenditures for this $16,125.00 $0.00 $16,125.00 project BALANCE $0.00 $675.00 $0.00 $675.00 Fund(s): Operating Fund Comments: RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to Kleinfelder Central Inc. of Corpus Christi, Texas in the amount of $112,200.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET ESTIMATE JC Elliott Landfill FY2013 -2014 Groundwater Monitoring and Related Services Project No. 13074 PROJECT FUNDS AVAILABLE: Operating Budget FY2013- 2014 ............................................... ............................... $ 129,000.00 TOTAL................................................................................ ............................... 129,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................... ............................... N/A Contingency........................................................................ ............................... N/A Design Fees: Engineering - Kleinfelder Central, Inc ........................................ ............................... 112,200.00 Materials Testing (Additional Services) ...................................... ............................... N/A Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... 1,935.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... 12,900.00 Finance............................................................................... ............................... 645.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... 645.00 TOTAL................................................................................ ............................... $ 128,325.00 ESTIMATED PROJECT BUDGET BALANCE ............................ ............................... $ 675.00 tile: \ MDroiect\ councilexhibits\ exhE13074. J.C. ELLIOTT LANDFILL CEFE VALENZUELA LANDFILL PROJECT #13074 J.C. ELLIOTT LANDFILL FY2013 -2014 CITY COUNCIL EXHIBIT GROUNDWATER MONITORING AND CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RELATED SERVICES PAGE: 1 of 1 W p 24101 19 IMA91 Ego] .041 mi Nei V6161M ilk F111 A 111t7_14111 -11VI M Contract for Engineering (AIE) Services Page 1 of 3 K�ENGtNEERINGDATAEXCHANGEMGtE%SOLIDWASTE�3074JC ELLIOTT 2013-2014GRD WATER MONITORII CONTRACT PROFESSIONAL SERVICES DOC *Sol RiL411 ■ I • . 1W Im I TR7 10111111" 10 7ATMTa"Truff" �� !MM. requires an additional fee. r, W 0110: 1 A, I Z I I CA F-11 Z I Q I I Z W11 W.7-11 21 N A T BOOM !TW TT, 1. forth in Exhibit "B". 07 tu exceeM, erle I nousarig i wo Hundred Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C". 9m7z7l[*AjTA I INS V rerk L MA" , 0 11 a - a � 0 . a 0 a - a I&TA 11H IW! IWAI "AMIA"m Contract for EngIneering (A/E) Services Page 2 of 3 K4ENGINEERING DATAEXCHANGF-�,A NGIENKSOLIDWASTEtE13074JC ELLIOTT 2013-2014 GRO WATFR MONITOR11 CONTRACTIPROFESS ONAL SERVICES DOC A/E further agrees, in compliance ® City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. 501k Oscar R. Martinez, Date Assistant City Manager Ims- MIN [#§±d Cal Office of Management Date and Budget Armando Chapa, City Secretary ENTERED AUG 1 2013 PIioject No. E13074 Fund Name: Solid Waste Onerating Fund Fund Source No. 530000-1020-12530-El 3074 Encumbrance No. Contract for ringineering (A/E) Services Page 3 of 3 K tENGINEEMNG DATAEXCHANGE%ANGiERMSOLID WASTEIE13074 JC ELLIOTT 2013-2014 GRD WATER MONITOMI CONTRACT PROFESSIONAL SERWCES DOC r DEA Bright People, Right Solutions. 0=10158=1150 SUBJECT: J. C. Elliott Landfill Corpus Christi, Texas 2013-2014 Groundwater Monitoring and Related Services 41 . Pz We are pleased to submit the following proposal for professional environmental services. This proposal presents the scope • work for expanded groundwater monitoring, and was developed on the basis of our discussions and review of our scope of work/cost for our previous work at the J. C. Elliott Landfill. If a portion of this proposal does not meet your project needs, or if those needs hav-. changed, Kleinfelder is prepared to consider appropriate modifications, subject to th'; Q,tandards of care to which we adhere as professionals. Modifications, such as changes in scope, methodology, scheduling, and contract terms may result in changes to the Auality of the assessments, as well as adjustment to our fees. MEMO= This is a proposal for ground-water monitoring and related services at the J. C. Elliott Landfill. The project scope includes the following which are described in more detail belo 5002 Ambassador Row. Corpus Christi, TX 78416 p 1361854 4774 f 1361854 4924 EXHIBIT "A" Page I of 6 Conduct verification re-sampling of wells exceeding background limits, prepare notices of exceedances, and submit results of resampling or alternate source demonstrations as necessary. Update estimates of intra-well background for metals by incorporating data collected in 2012 and 2013. 10--rd The services proposed herein will be performed for the City of Corpus Christi fiscal year beginning August 1, 2013 and ending July 31, 2014. Rleinfelder will also collect up to 6 samples (3 per event) from the landfill leachate collection system to characterize the waste in terms of monitored constituents. These data may also assist in preparation of alternate source demonstrations and contaminant fate and transport modeling, and could justify removal of monitored constituents that are not present in the waste leachate. MEET- -23MM = -F In the event that statistically significant increases (SSIs) above established backgrou limits are identified in detection monitoring data, Kleinfelder will conduct verificati sampling of the affected well(s) in which SSIs occurred. I The scope of re-sampling and analysis cannot be accurately anticipated. The budget fR r re-sampling includes 2 mobzations and metals analysis for each detection- monitoring event. The assumptions are further explained in the Assumptions and Exclusions section below. 131847 1 WAC1 3P0104 1 Page 2 of 6 January 23, 2013 Copyright 2013 Kleinfelder Revision No, 1, dated February 20, 2013 KLEINFELDER 5002 Ambassador Row, Corpus Christi TX 78416 p 1 361 854 4774 f 1 361 854 4924 EXHIBIT "A" Page 2 of 6 =1 Kleinfelder may also prepare alternate source demonstrations, either alternatively or in conjunction with re-sampling. Kleinfelder will submit re-sampling results and alternate source demonstrations to the TCEQ. The estimated cost fort is activity is $25,900. Reporting KLEINFELDER 5002 Ambassador Row Corpses ChriSU, TX 78416 p 1361 854 4774 f 1361 854 4924 EXHIBIT All Page 3 of 6 =11 I � N 71-T. M Work initiated under an existing contract with the City of Corpus Christi is continued under this proposal. The approximate schedule of events by quarter is presented in rable 2. 1 Fiscal'Tear Planned Activity Evaluate data from July 2013 detection monitoring; conduct notification and Aug-Oct, 2013 verification sampling / alternate source demonstration as necessary. Submit Annual Monitoring Report late 2 1 semiannual detection Nov 2013-Jan 2014 monitoring event of FY 2013-14 contract in January 2014 3 Evaluate data; conduct notification and Feb-Apr 2014 verification sampling / alternate source demonstration as necessary. May - July 2014 1 - - I I I V 1. Sampling labor estimates for detection monitoring are based on sampling all wells 5 days, which is consistent with historical performance. The assumed sampling ra may or may not be realized due to weather delays, pump or other equipme failures, or other unforeseen events. I KLEINFELDER 5002 Ambassador Row Corpus Chrish TX 78416 p 1361854 4774 f 1361,854 4924 EXHIBIT "A" Page 4 of 6 E= I 4. The budget does not include meetings. Costs for time spent, travel, and preparation for meetings are an additional expense. 5. The budget anticipates a limited amount of time to respond to comments and requests for additional information from TCEQ. Excessive requests for information will be an additional expense. The following services are not included in the Basic Services and will be considered as Additional Services, if required or requested: • Meetings, interviews, and hearings, • Costs associated with planning and implementing assessment monitoring. • The services • specialty subconsultants or other special outside services n described in Basic Services. I 57-MPT-27 =- *UFT NET W--Vf =0 1:1 it, li-or-yA its] a sizzalliTY351go a CoMplar-IRATMUTMOMI 131847 1WAC13PO104R1 Page 5 of 6 January 23,201E Copyright 2013 Kleinfelder Revision No. 1, dated February 20, 20jE KLEINFELDER 5002 Ambassador Row, Corpus Christi, TX 78416 p 1361 854 4774 IF 1361854 4924 EXHIBIT A19 Page 5 of 6 =11 I FTIT W. PTO R-M am, I Your standard service agreement can be used to authorize these services. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions or need additional information, please do not hesitate to call. We are committed to assist the City to ensure the success of this project. M= too 4 Don R. Rokohl, PE Senior Professional 131847 / WA CI 3PO104 1 Page 6 of 6 January 23, 2013 Copyright 2013 Kleinfelder Revision No. 1, dated February 20, 2013 KLEINFELDER 5002 Ambassador Row, Corpus Christi TX 78416 p 1361 854 4774 f 1361854 4924 EXHIBIT "A" Page 6 of 6 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 • 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. 1 TYPE OF INSURANCE — -------------- 1� 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 •. 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 EMPLOYERS'LIABILITY 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. n RR 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. 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 ■ be endorsed to contain the following required provisions: Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 'T-Torkers' compensation and employers" liability policies will provide a waiver ■ subrogation in favo and EXH1131T IP—, Paq°�_2 of 3 J Tngineenng FomsUARGE A5 FXHIGIT B OOCX OTMOTRUMOD. ■ - 4 - -0- 11- 1 0 a t- - ► a - a — a - IffiTs M11M a 114vist 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 ► the City of Corpus Christi for liability arising out • operations under this contract. L. It is understood and agreed that the - ea -r'. is in addition to and separate from any other obligation contained in this contract. EXHIBIT "Blo Page 3 of 3 J IlEngmeering FumsILARGE AE EXHIBIT B DOCX EXHIBIT "C" ■ 1 t .F + +r - 4■ as � '. F n, as at ■ a � .F y. r,. u. � : w, i • u. .F u. : • t + wr:. .a � � i . • . as �■ . �. ■ • , , as ! � iii � ■' � � � � ��< a � ■a i' ■ a i � ar EXHIBIT "C" ■ 1 PURCHASING I cilv of CITY OF CORPUS CHRIsTi coipus DISCLOSURE OF INTEREST Christi COMPANYNAME: Kleinkider Central. 1ne. 2. State the names ofeach "ollicial" ofthe Cit® kil'Corptis Christi having an "o%%nership interest" constituting ')% or more ol-the tn%nership its theabove wined "firin." Name l'itle Al En C� CO's � v AGENDA MEMORANDUM Future Item for the City Council Meeting of August 20, 2013 aaPOpE° Action Item for the City Council Meeting of August 27, 2013 1852 DATE: August 12, 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 Services Contract Cefe Valenzuela Landfill FY2013 -2014 Groundwater Monitoring and Related Services CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Kleinfelder Central, Inc. from Corpus Christi, Texas in the amount of $114,200.00, for Cefe Valenzuela Landfill FY2013 -2014 Groundwater Monitoring and Related Services. PURPOSE: The purpose of this Agenda Item is to authorize the selected consultant to prepare the annual ground -water monitoring report as specified by the Texas Commission on Environmental Quality (TCEQ). In addition, detection monitoring and needed verification tests will be conducted. BACKGROUND AND FINDINGS: Cefe Valenzuela Landfill requires groundwater monitoring and services related to the monitoring for State regulatory compliance. The scope includes: 1) Detection monitoring sampling of wells in August 2013 and February 2014, in accordance with the current Ground Water Sampling and Analysis Plan (GWSAP) 2) Verification re- sampling will be conducted for events of significant increases and submit results are alternate source demonstrations to TCEQ. 3) Report data, significant increases, prepare correspondence/ submittals to TCEQ, and prepare Annual Report. 4) Quarterly methane monitoring 5) Attachment 5 Permit Modification ALTERNATIVES: 1. Award the Consulting contract to Kleinfelder Central Inc. as proposed. 2. Do not award the Consulting contract to Kleinfelder Central Inc. as proposed. (Not recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Not applicable EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- Project to Date 2013 Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $131,000.00 $0.00 $131,000.00 Encumbered / $0.00 $0.00 Expended Amount This item $114,200.00 $0.00 $114,200.00 Future Anticipated expenditures for this $16,375.00 $0.00 $16,375.00 project BALANCE $0.00 $425.00 $0.00 $425.00 Fund(s): Operating Fund Comments: RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to Kleinfelder Central Inc. of Corpus Christi, Texas in the amount of $114,200.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET ESTIMATE Cefe Valenzuela Landfill FY2013 -2014 Groundwater Monitoring and Related Services Project No. 13073 PROJECT FUNDS AVAILABLE: Solid Waste Operating FY 2013- 2014 ....................................... ............................... $ 131,000.00 TOTAL................................................................................ ............................... 131,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................... ............................... N/A Contingency........................................................................ ............................... N/A Design Fees: Engineer - Kleinfelder Central, Inc ............................................ ............................... 114,200.00 Materials Testing (Additional Services) ...................................... ............................... N/A Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... 1,965.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... 13,100.00 Finance............................................................................... ............................... 655.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... 655.00 TOTAL................................................................................ ............................... $ 130,575.00 ESTIMATED PROJECT BUDGET BALANCE ............................ ............................... $ 425.00 J.C. ELLIOTT LANDFILL CEFE F. VALENZUELA MUNICIPAL LANDFILL PROJECT # E13073 CEFE VALENZUELA FY2013 -2014 CITY COUNCIL EXHIBIT CITY F GROUNDWATER MONITORING AND DEPARTM ENT GO R ENGINEERING SERVICES vow RELATED SERVICES PAGE: 1 of 1 - Contract erg _+g (AIE) Services m+!@3 K , IENGINEERINGOATAEXCHANGE%ANGIENSOLIDWASTET-i3073CEFEVALENZUELA2013-2014GRD WATER MON3TOR%l CONTRACT PROFESSIONAL SERVICES.DOC A/E agrees to the mandatory contract indemnification and insurance requirements as se! forth in Exhibit "B". ili 111 Hundred Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C". 1MY11 all$ a A lop [,*]VAT , S'j 101 Lila 11#L!1,4 Ir-AVIV-X41 fit 11- - 4 1 M I rg KM 117-4 -;U I - a 0 0 - 8 1 1 T 1141 If 0 01TA I Contract for Engineering (A/E) Services Page 2 of 3 K4ENGINEEMNG DATAEXCHANGE%NGIEWSOLiD WASTEIE13073 CEFE VALENZUELA 2013-2014 GRID WATER MONITOR11 CONTRACT PROFESSIONAL SERVICES DOC A/E further agree© in compliance © City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Oscar R. Martinez, Date Assistant City Manager Is =I- NO Lawrence Mikolajczyk Date Director of Sol»W i± Office of Management Date and Budget � KLEINBFcLEDER CENTRAL, INC. .©j 1 Project No. E 1307 ' i 3 Fund Name: - Solid Waste Operating Fund Source No. 530000-1020-12506-El 3073 Encumbrance No. Contract for Engineering (AIE) Services h73 ¥3 KtENGINEERING DATAEXC14ANGEIANGIEWSOL ors £3073CEFE VALENZUELA2013-20147O WATER MONITOR11 CONTRACT PROFESSIONAt SERVICES DOC (OKLE NFELDEA? Sfight People, Right Solutions. VESTS =4. 10'rem %City ■ Corpus Christi f525 Hygeia — P.O. Box 9277 Corpus Christi, TX 78469- 9277 Attention: Aftn. Mr. Lawrence Mikolajczyk Director, Solid Waste Operations SUBJECT: Cefe Valenzuela Landfill Corpus Christi, Texas 2013-2014 Groundwater Monitoring and Related Services We are pleased to submit the following proposal for professional environmental services. This proposal presents the scope of work for expanded groundwater monitoring, and was developed on the basis of our discussions and review of our scope of work/cost for our previous work at the Cefe Valenzuela Landfill. If a portion of this proposal does not meet your project needs, or if those needs have changed, Kleinfelder is prepared to consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications, such as changes in scope, methodology, scheduling, and contract terms may result in changes to the quality • the assessments, as well as adjustment to our fees. This is a proposal for ground-water monitoring and related services at !hr� CeIS 'c 11 d Valenzuela Landfill. The project scope includes the foll ■ de be wing which are s i more detail below. Kleinfelder will: I Conduct detection monitoring sampling of landfill monitor wells in August 2013 i!nd February 2014. 5002 Ambassador Row, Corpus Christi, TX 78416 pl361,8544774 f13618544924 EXHIBIT "A" Page I of 6 Conduct verification re-sampling of wells exceeding background limits, prepag notices of exceedances, and submit results of resampling or alternate sou demonstrations as necessary. 11pdate Attachment 5 of the landfill permit pertaining to the number of monit wells. I The services proposed herein will be performed for the City of Corpus Christi fiscal year beginning August 1, 2013 and ending July 31, 2014. I Kleinfelder also proposes to collect up to 6 samples (3 per event) from the landfill leachate collection system to characterize the waste in terms of monitored constituents. These data may also assist in preparation of alternate source demonstrations, contaminant fate and transport modeling, and could justify removal of monitored constituents that are not present in the waste leachate. 1318471 WAC1 3P010 1 Page 2 of 6 January 23, 2013 Copyright 2013 Kleinfelder Revision No 1, dated February 20, 2013 KLEINFELDER 5002 Ambassador Row, Corpus Chnsfi, TX 78416 p13-6i8544774 f13618544924 EXHIBIT "A" Page 2 of 6 =1 In the event that statistically significant increases (SSIs) above established background s-jre identified in detection monitoring data, Kleinfelder will conduct verification sampling if the affected well(s) in which SSIs occurred. The scope of re-sampling and analysis cannot be accurately anticipated. The budget for re-sampling includes 2 mobilizations and metals analysis for each detection monitoring event. The assumptions are further explained in the Assumptions and Exclusions sectio-t below. Kleinfelder may also prepare alternate source demonstrations, either alternatively or in conjunction with re-sampling. Kleinfelder will submit re-sampling results and alternate gource demonstrations to the TCEQ. A - -I 4\' - I I I - I A ?=y» - - - 4 1 - - ° © >d 9 « <: §t a - a 10 1-741111,7411174 &TA If 0 41 V-11P I 131847 / WAC I 3PO1 06 RI Page 3 of 6 January 23, 2013 Copyright 2013 Kleinfelder Reon No. 1, dated February 20, 2013 KLEINFELDER 5002 Ambassador Row Corpus Christi, TX 78416 p f 185444 f 1361854 4924 EMEMEMEMEMEMM EXHIBIT "A" Page 3 of 6 Consulting Services include activities not specifically related to the collection, analysis, trid reporting of data, such as permit modifications, alternate source demonstrations, !-;nd responding to TCEQ inquiries, notices of deficiency, notices of violation, or for other unanticipated costs. ME-Ts" Work initiated under an existing contract with the City of Corpus Christi is continued under this proposal. The approximate schedule of events by quarter is presented in Table 2. -• M_ ITFS M.-M `7 Fiscal Year #: U-.71 1 (74 Planned Activity ------ -------- - --------- ----------- - ------ - — ------------------- ----- Is' semiannual detection monitori ng event • FY 2013-14 contract in August. Aug-Oct, 2013 Evaluate data; conduct notification and verification resampling, as necessary. Conduct quarterly methane monitoring. 2 Submit Annual Monitoring Report. I Nov 2013-Jan 2014 Conduct quarterly methane monitoring. 2013 (this proposal) Ild 2 semiannual detection monitoring 3 event in February. Evaluate data; Feb-Apr 2014 conduct notification and verification resampling, as necessary. Conduct quarterly methane monitoring. . . ...... . ... — ----- 4 c u g Other consulting as requested. Conduct May - July 2014 art rly m a mo itor - g quarterly • methane monitoring. 7 =.1 I 1. Sampling labor estimates are based on sampling 4 wells per day. The assumed sampling rate may or may not be realized due to weather delays, pump or other equipment failures, or other unforeseen events. KLEINFELDER 5002 Ambassador Row, Corpus Christi, TX 78416 p131618544774 1`13618544924 1 EXHIBIT :"A" Page 4 of 61 1111141itilMll' FFIJ [oil PIM01 IM 9 1 a I 3. The extent of Consulting Services required during the project year cannot be fully anticipated. The budgeted should be understood to mean that Kleinfelder will provide these services up to the budget amount at our rates existing at the time of the service. The amount may also be used to cover unanticipated costs and/or failure to realize the assumptions used for other proposed activities. 4. The budget does not include meetings. Costs for time spent, travel, and preparation for meetings are an additional expense. 5. The budget anticipates a limited amount of time to respond to comments and requests for additional information from TCEQ. Excessive requests for information will be an additional expense. U1 40111412 The following services are not included in the Basic Services and will be considered as Additional Services, if required or requested: • Meetings, interviews, and hearings. • Costs associated with planning and implementing assessment monitorini The services of specialty subconsultants or other special outside services no! described in Basic Services. FxT4%VI4-,-,T--T.IW5&9 IIIIIIIIII: 17=40[9� M � 911 ' WM. 111•1,111 Kleinfelder proposes to perform the Basic Services on a Time and Materials basis for $114,200. This amount will not be exceeded without prior approval. The Client and Kleinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. XT17f�� XLEINFELDER 5002 Ambassador Row, Corpus Christi TX 78416 p 1361854 4774 f 1361 854 4924 conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. All ft r-IR4010 m-. wm- F-All H161 N. Your standard service agreement can be used to authorize these services. We 2ppreciate the opportunity to submit this proposal and look forward to working with you ,tn this project. If you have any questions or need additional information, please do not hesitate • call. We are committed to assist the City to ensure the success of this •,roject. ME= Vag= MMEUM-7 A# on R Rokohl, PE Jer?Lipstr SSIE Senior Professional Project Manager 131647 ,R 06 Page 6 of 6 January 23, 2013 Copyright 2013 Kleinfelder Revis�on No, 1, dated February 20, 2013 KLEINFELDER 5002 Ambassador Row, Corpus Chnsb TX 78416 p, 1361 854A774 f 1 361 854 4924 - E - =XHIBIT "A" T P p ge age 6 of 6 31 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 requireft herein has been obtained and such insurance has been approved by the City. Th's Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. J tE-gineermj Fors V.@ AF EXHIBIT 8 DOCX D TYPE OF INSURANCE -------------- MINIMUM INSURANCE COVERAGE -------------- 1*7 =I- I I Zran P1111IRT,17.1, WN, 4 -- 4< I I COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT li including: Broad Form 2. Premises - Operations 113. 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 PROFESSIONAL LIABILITY including: $1,000,000 per claim $2,000,000 li Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value t Errors and Omissions 0 f 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 l�' Which Com plies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,000/500,000/500, 000 J tE-gineermj Fors V.@ AF EXHIBIT 8 DOCX D 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. City of Corpus Christi Attn: Risk Management P.O. Box 9277 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: 4. Provide for an endorsement that the "other insurance" clause shall not apply to the Ci of Corpus Christi where the City is an additional insured shown on the policy; i YTit rkers' 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. B01 3 1. 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 of property resulting from Consultant's • its subcontractors' performance • 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, EXHIBIT "B Page 3 • EXHIBIT "C" Page I of I milli owl 01101111 ■ 1. : T • � � a a ! ■ 4' 4 T ■ •4 ! ■ • ■ ■• Is 1 1 R R, V I R y' ' EXHIBIT "C" Page I of I PURCII,%SUNG I ci1v of CITY OF CORPUS CHRISTI coipus DISCLOSURE, OF INTEREST Christi LW4911 I [gill ■ HUM COMPANY NAME: Kleini'elder Central. Inc, 1$® 0. X® ------------- STREET ADDRESS: 5002 Ambassador Row CITY: Corpus Christi zi V . .. . ....... 3. State the names of each "board memberr ` of the City of Corpus Christi having an -ow-nership interest" constitnting 3% or more of (lie ownership i�i the above named -firm.-� Name Board. Commission or committee 78416 c° SC v AGENDA MEMORANDUM NaRqpo Future Item for the City Council Meeting of August 20, 2013 xss Action Item for the City Council Meeting of August 27, 2013 DATE: July 29, 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 Amendment No. 1 Master Channel 31 Drainage Channel Excavation CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Contract for Professional Services with Freese and Nichols, Inc. from Corpus Christi, Texas in the amount of $36,587.00, for a re- stated fee not to exceed $76,324.00 for Master Channel 31 Drainage Channel Excavation. PURPOSE: The purpose of this Agenda Item is to authorize engineering services required to complete design and prepare bid and construction documents for the subject project. BACKGROUND AND FINDINGS: Under the original contract, a preliminary report and phase 1 preliminary design was completed. This contract amendment will provide for completion of design phase services and project procurement. The Project includes repair /stability improvements to the Master Channel 31 drainage channel from Lipes Drive past Cimarron Drive approximately 7500 ft. to the channel terminus near the juncture of Yorktown Blvd. Phase 2 project just upstream of Rodd Field Road. The project infrastructure improvements include slope repair, slope stabilization, and re- grading of the channel. The project also includes adding concrete slope protection at two bends in the channel downstream of Cimarron Drive and will also repair several storm drainage pipe outfalls that are causing erosion of the slope embankment. The proposed improvements are in accordance with recommendations included in the Engineering Letter Report. ALTERNATIVES: 1. Execute Amendment No. 1 with Freese and Nichols, Inc. as proposed. 2. Do not execute Amendment No. with Freese and Nichols, Inc. as proposed. OTHER CONSIDERATIONS: Construction observation is not included in this contract amendment. CONFORMITY TO CITY POLICY: This project conforms to statutes regarding the FY 2013 -2014 Capital Improvement Budget. Freese and Nichols, Inc. was selected based on qualifications, wide working knowledge of applicable project fundamentals and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Storm Water and Street Operations FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date Current Year Future Years Totals 2012 -2013 Expenditures Line Item Budget $564,500.00 $500,000.00 $0.00 $1,064,500.00 Encumbered /Expended $39,737.00 $0.00 $39,737.00 Amount This item $36,587.00 $0.00 $36,587.00 Future Anticipated $524,763.00 $456,364.50 $0.00 $981,127.50 Expenditures This Project BALANCE $0.00 $7,048.50 $0.00 $7,048.50 Fund(s): Storm Water CIP #11 Comments: Restoration of channels and ditches is critical to avoid potential washouts that may result in encroachment, flooding, and undermining of adjacent private structures during rain events. RECOMMENDATION: City Staff recommends the approval of Amendment No. 1 with Freese and Nichols, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PowerPoint PROJECT BUDGET ESTIMATE Master Channel 31 Drainage Channel Excavation Project No. 2235 FUNDS AVAILABLE: Storm Water CIP FY2010- 2011 ............................................. ............................... $ Storm Water CIP FY2011- 2012 ............................................. ............................... Storm Water CIP FY2012- 2013 ............................................. ............................... TOTAL............................................................................. ............................... FUNDS REQUIRED: Construction (preliminary estimate) ........................................ ............................... Contingency( 10%) ............................................................. ............................... Design Fees: Engineering (Freese and Nichols)Amendment No. 1 ................ ............................... Engineering (Freese and Nichols) ......................................... ............................... Testing(TBD) ................................................................... ............................... Reimbursements: 64,500.00 500,000.00 500,000.00 1,064,500.00 36,587.00 39,737.00 21,290.00 Contract Administration (Contract Preparatio n/Awa rd/Ad min) ...... ............................... 23,951.25 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) .......... ............................... 37,257.50 Finance Issuance ............................................................... ............................... 13,306.25 Misc. (Printing, Advertising, etc.) ............................................ ............................... 5,322.50 TOTAL............................................................................. ............................... $1,057,451.50 ESTIMATED PROJECT BUDGET BALANCE .......................... ............................... $7,048.50 File : \ Mproject \councilexhibits \exh2235.dwg PROJECT #2235 LOCATION MAP NOT TO SCALE Master Channel 31 Drainage Channel Excavation PROJECT SITE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 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 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Freese and Nichols, Inc., a Texas corporation, 800 N. Shoreline Blvd, Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Master Channel 31 Drainage Channel Excavation (Project No. 2235) — Project includes improvements to the Master Channel 31 drainage channel from Lipes Drive extending approximately 7,500 linear feet downstream past Cimarron Drive to the storm drainage outfall of the Yorktown Blvd. Phase 2 project just upstream of Rodd Field Road. The project will address slope repair, slope stabilization, and re- grading of the channel. The project also includes adding concrete slope protection at two bends in the channel downstream of Cimarron Drive and will also repair several storm drainage pipe outfalls that are causing erosion of the slope embankment. 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. Amendment No. 1 Page 1 of 3 KAENGINEERING DATAEXCHANGEIANGIEMISTORM WATER12235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONIAMENDMENT NO 1 - AGENDA ITEM11 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 $36,587.00 (Thirty Six Thousand Five Hundred Eighty Seven Dollars and Zero Cents), for a restated fee not to exceed $76,324.00, (Seventy Six Thousand Three Hundred Twenty Four 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 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. Amendment No. 1 Page 2 of 3 KIENGINEERING DATAEXCHANGEIANGIEMISTORM WATERU235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONIAMENDMENT NO 1 - AGENDA ITEMII CONTRACT PROFESSIONAL SERVICES.DOC 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 bc 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 enqineer prior to re-use of modified plans. 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. Oscar R. Martinez, Date Assistant City Manager IIIIIIIJIM0101 Valerie Gray Date Director of Storm Water and Street Operations Office • Management Date and Budget E-Alf1*1 Armando Chapa, City Secretary ENTERED � Project No. 2235 Fund Name: Storm Water CIP Fund Fund Source No. 550950-3495-00000-160092 Encumbrance No. Amendment No. 1 Page 3 of 3 KXENGINEERINGDATAEXCHANGE)ANMEM4STORMWATER'2235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIOMAMENDMENT NO 1 -AGENDA ITEM%1 CONTRACT PROFESSIONAL SERVICES,DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Master Channel 31 Drainage Channel Excavation (Project No. 2235) SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. level exhibits and GGFAPUt8F models OF etheF appli I I . eFtiRg documents FeFFRat , AMD. NO.1 EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 K1Engineering DataExchange%ANGIEM%STORM WATER12235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONVImendment No 1 - Agenda Item12 Master Charnel 31 amendment EXHIBIT A LARGE AE REVISED Novmeber 2012.doe - - - - - -- ■- - - - - - - - - - - - - - - - --- - - - level exhibits and GGFAPUt8F models OF etheF appli I I . eFtiRg documents FeFFRat , AMD. NO.1 EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 K1Engineering DataExchange%ANGIEM%STORM WATER12235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONVImendment No 1 - Agenda Item12 Master Charnel 31 amendment EXHIBIT A LARGE AE REVISED Novmeber 2012.doe The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and p"/ for the intended purpose of this project. .Lny Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the Al E will: AMD. NO. I EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 KAEngineenng DataExchange\ANGIEM%STORM WATER52235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONVAmendment Na I - Agenda Rem52 Master Channel 31 amendment EXHOT A LARGE AE REVISED Novmebur 2012.doc =Qft NUNN@ I ...... .... a..- i r w 7—; 7. Z; ='I -p ... ....... ...... 2 -ft MUT.I. ... Will y—MrIN .."W! Z The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and p"/ for the intended purpose of this project. .Lny Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the Al E will: AMD. NO. I EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 KAEngineenng DataExchange\ANGIEM%STORM WATER52235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONVAmendment Na I - Agenda Rem52 Master Channel 31 amendment EXHOT A LARGE AE REVISED Novmebur 2012.doc =Qft 27M ...... .... a..- i r w 7—; 7. Z; ='I -p 2 -ft MUT.I. OTT.Art!" CUM The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and p"/ for the intended purpose of this project. .Lny Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the Al E will: AMD. NO. I EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 KAEngineenng DataExchange\ANGIEM%STORM WATER52235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONVAmendment Na I - Agenda Rem52 Master Channel 31 amendment EXHOT A LARGE AE REVISED Novmebur 2012.doc a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). d) Prepare construction plans in compliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) FUFRiGh ene (4) set of the iRt9FiM plans 0 haFd Gepies using Gity Standai;ds as applieable) te the Gity staff for- review and Held PFGjert 0 Feview meeting. PFepaFe meeting . g) Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. h) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction AMD. NO.1 EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 KSEngineering DataExdla w%NGIEM%STORM WATER12235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONVVnendment No 1 - Agenda Item12 Master Channel 31 amendment EXHIBIT A LARGE AE REVISED Novmeber 2012.doe by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare Powerpoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: AMD. NO.1 EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 K%Engineering DataExchangelANGIEWSTORM WATERUM MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONVunendment No 1 - Agenda Item12 Master Channel 31 amendment EXHIBIT A LARGE AE REVISED Novmeber 2012.doc a) Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret 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; 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) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall 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 This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization 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 shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. (NOT AUTHORIZED) Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT utility and environmental permits, multiple use agreements C. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments (including SSC, NOI NOT) AMD. NO.1 EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 K:IEngineering DataExchangetANGIEMISTORM WATER%2235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONWmendment No 1 - Agenda Item12 Master Channel 31 amendment EXHIBIT A LARGE AE REVISED Novmeber 2012.doe f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USAGE) k. United States Environmental Protection Agency (USEPA) I. Texas Department of Licensing and Regulation (TDLR ) M. Texas General Land Office (TGLO) n. Other agency project - specific permits 2. Right -of -Way (ROW) Acquisition Survey. (NOT AUTHORIZED) All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey and Parcel Descriptions (NOT AUTHORIZED) All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'[] Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility utility engineering (SUE) shall be provided as part of the scope of work for SUE. AMD. NO.1 EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 KhErgineenng DataExchangetANGIEMtSTORM WATER%2235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONtiAmendment No 1 - Agenda Item12 Master Channel 31 amendment EXHIBIT A LARGE AE REVISED Novineber 2012.doc i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. (NOT AUTHORIZED) Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Rectify Topoaraphic Survey. (AUTHORIZED) The A/E will receive the topographic survey (provided by the City) and perform quality control review, clean -up callouts on the drawing(s), fill -in incomplete line work, and add known existing utilities to the drawing(s). 6. Subsurface Utility Investigation (NOT AUTHORIZED) a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. AMD. NO.1 EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 K%Engineenng DataExchangaMGIEMISTORM WATERV235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONVVnendment No 1 - Agenda Item12 Master Charnel 31 amendment EXHIBIT A LARGE AE REVISED Novmeber 2012.doc iii) Storm Water— Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater— Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. v) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. (NOT AUTHORIZED) To Be Determined 8. Start -up Services. (NOT AUTHORIZED) 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. 9. Warranty Phase. (AUTHORIZED) 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 forthe 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. 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 ". II. SCHEDULE Date Activity 45 Days from NTP of Amd. #1 Pre -Final Submittal 14 Days City Review 21 Days Final Submittal 7 Days Advertise for Bids 8 Days Pre -Bid Conference 14 Days Receive Bids 60 Days Contract Award 45 Days I Begin Construction 120 Days I Complete Construction AMD. NO.1 EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 K%Engineering DalaEtthangeWNGIENSTORM WATERV2235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATION1Amendment No 1 - Agenda Item\2 Master Channel 31 amendment EXHIBIT A LARGE AE REVISED Novmeber 2012.doc III. 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 LA. 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 with City's 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. 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 Total I$39,737.00 $36,587.00 I $76,324.00 7/18/2011 Admin. Approval AMD. NO.1 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 K%Engineering DataExdmgeMGIEMISTORM WATER12235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONVUnendment No 1 - Agenda Item12 Master Channel 31 smendment EXHIBIT A LARGE AE REVISED Noweber 2012.doe Original Contract Amend. No. 1 Total BASIC SERVICES 1 Preliminary Phase $2,640.00 $2,622.00 $5,262.00 2 Design Phase 28,000.00 23, 579.00 $51,579.00 3 Bid Phase 3,100.00 3,112.00 $6,212.00 4 Construction Phase 3,100.00 3,187.00 $6,287.00 Sub -Total Basic Services 36,840.00 32,500.00 $69,340.00 ADDITIONAL SERVICES 1 Permit Preparation 0.00 0.00 0.00 2 ROW Acquisition Survey 0.00 0.00 0.00 3 Topographic Survey and Parcel Desciptions 0.00 0.00 0.00 4 Environmental Issues 0.00 0.00 0.00 5 Rectify Topographic Survey 2,897.00 0.00 2,897.00 6 Subsurface Utility Investigation 0.00 0.00 0.00 7 Construction Obsenation 0.00 0.00 0.00 8 Start -up Services 0.00 0.00 0.00 9 Warranty Phase 0.00 4,087.00 4,087.00 Sub -Total Additional Services $2,897.00 $4,087.00 6,984.00 Total I$39,737.00 $36,587.00 I $76,324.00 7/18/2011 Admin. Approval AMD. NO.1 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 K%Engineering DataExdmgeMGIEMISTORM WATER12235 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATIONVUnendment No 1 - Agenda Item12 Master Channel 31 smendment EXHIBIT A LARGE AE REVISED Noweber 2012.doe 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 including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions 'COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value 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 Which Complies with the Texas Workers Compensation Act 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. AMD. NO. 1 EXHIBIT "B" Page 1 of 3 JAEngineering FormsU.ARGE 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 AMD. NO. 1 EXHIBIT "B" Page 2 of 3 J:Tngir*enW Forms%LMGE AE EXHIBrr 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 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. AMD. NO. 1 EXHIBIT "B" age 3 of 3 JAEngineering FormALARGE AE EXHIBIT B.DOCX Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees H- COMPLETE PROJECT NAME Project No. E11088 Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% SUPPLIER NU.%tBL'R TO BE ASSIGNED BYCITY PURCHASING DIVISION `"f CITY OF CORPUS CHRISTI CDISCLOSURE 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 ❑ 3. Sole Owner E] 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 "hoard member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Board, Commission or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 31% or more of the ownership in the above named "firm." Name Consultant N/A N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. (Ethics Ordinance Section 2 -319 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P.E. Title: Principal (type or Print) Signature of Certifying Date: Z 3 ' 1 Person: ' 3 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "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 licads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." I -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. M ASTER CHAN N EL 31 DRAINAGE CHANNEL EXCAVATION City Council Presentation August 20, 2013 MASTER CHANNEL 31 DRAINAGE CHANNEL EXCAVATION Corpus Chr'sti Engineering t3'YY fi�fG { f � Project S Corpus Chr'sti Engineering Project Budget FUNDS AVAILABLE: •4 R sxe 'va..4m,,as'zxR�sF+re:�',�r?a t,6; Corpus Chr'sti Engineering Storm Water CIP FY2010- 2011 ........................................ ............................... $ 64,500.00 Storm Water CIP FY2011- 2012 ......................................... .............................. 500,000.00 Storm Water CIP FY2012- 2013 ......................................... ..............................' 500,000.00 TOTAL ...................................................................... ............................... . 1,064,500 00 . FUNDS REQUIRED: Construction (preliminary estimate) ..................................... ..............................' 800,000.00 Contingency ( 10%) .......................................................... ..............................' 80,000.00 Design Fees: Engineering (Freese and Nichols)Amendment No. 1 .............. ..............................' 36,587.00 Engineering (Freese and Nichols) ..................................... ............................... 39,737.00 Testing(TBD) .............................................................. ............................... 21,290.00 Reimbursements: Contract Administration (Contract Preparation /Award/ Admin) ... ..............................' 23,951.25 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) ....... ..............................' 37,257.50 FinanceIssuance .......................................................... ............................... 13,306.25 Misc. (Printing, Advertising, etc.) ........................................ ..............................' 5,322.50 TOTAL............ ............................................................ ..............................' $1,057,451.50 ESTIMATED PROJECT BUDGET BALANCE .................... ..............................' $7,048.50 SC c° AGENDA MEMORANDUM Future Item for the City Council Meeting of August 20, 2013 Action Item for the City Council Meeting of August 27, 2013 DATE: August 13, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Valerie Gray, P.E., Director of Streets and Storm Water Services valerie (-)cctexas.com, (361) 826 -1875 Engineering Construction Contract for Citywide Street Striping and Pavement Markings CAPTION: Motion authorizing the City Manager, or designee, to execute a Construction Contract with Highway Barricades and Services, LLC. of Corpus Christi, Texas for the City -wide Street Striping and Pavement Markings project in the amount of $129,770.00 for the Base Bid. To award the construction contract for the City -wide Street Striping and Pavement Markings project. BACKGROUND AND FINDINGS: This project consists of furnishing and placing reflectorized pavement markings and raised pavement markers at various locations throughout the City under multiple work authorizations [indefinite delivery / indefinite quantity (IDIQ)] for a period of one (1) calendar year (12 calendar months), with the option to extend the contract for up to two (2) additional one (1) calendar year terms, subject to the approval of the Contractor and the City. The minimum quantity of work for most authorizations will be 40,000 LF of striping. However, authorizations of less than 40,000 LF striping are anticipated three (3) times per year. On April 17, 2013, the City received proposals from two (2) bidders and their bids are as follows: Contractor Base Bid Highway Barricade and Services, LLC. $129,770.00 Corpus Christi, Texas Highway Technologies, Inc. $124,592.00 Austin, Texas ALTERNATIVES: K: \Engineering \LEGISTAR \7 - August 20 \Citywide Striping and Markings\Agenda Memo - City -side Street Striping and Pavement Markings.docx 1. Award Project to Highway Barricade and Services, LLC., the second apparent low bidder, as recommended by staff. 2. Do not award contract. OTHER CONSIDERATIONS: The low bidder (Highway Technologies, Inc.) on this project was non - responsive and with legal counsel concurrence when it was determined that the company had filed for Chapter 14 and advised the City that they could not perform the work. Staff determined it to be in the best interests of the City to award the construction contract to the next lowest bidder. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2013 -14 Operating Budget. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Traffic Engineering FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fund(s): Streets Fund (1041) Comments: RECOMMENDATION: City Staff recommend the approval of a construction contract with Highway Barricades and Services, LLC. of Corpus Christi, Texas for the City -wide Street Striping and Pavement Markings project in the amount of $129,770.00 for the Base Bid. LIST OF SUPPORTING DOCUMENTS: Location Map Project Budget K: \Engineering \LEGISTAR \7 - August 20 \Citywide Striping and Markings\Agenda Memo - City -side Street Striping and Pavement Markings.docx Project to Date Expenditures Fiscal Year: 2013 -2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $173,718.53 $0.00 $173,718.53 Encumbered / Expended Amount This item $129,770.00 $0.00 $129,770.00 Future Anticipated Expenditures $43,948.53 $43,948.53 BALANCE $0.00 $0.00 $0.00 Fund(s): Streets Fund (1041) Comments: RECOMMENDATION: City Staff recommend the approval of a construction contract with Highway Barricades and Services, LLC. of Corpus Christi, Texas for the City -wide Street Striping and Pavement Markings project in the amount of $129,770.00 for the Base Bid. LIST OF SUPPORTING DOCUMENTS: Location Map Project Budget K: \Engineering \LEGISTAR \7 - August 20 \Citywide Striping and Markings\Agenda Memo - City -side Street Striping and Pavement Markings.docx PROJECT BUDGET City -wide Street Striping and Pavement Markings Project No. E12148 & 8312 FUNDS AVAILABLE: Street (Signs and Markings) Fund FY 2013 -2014 Street (Asphalt Maintenance) Fund FY 2013 -2014 Total 111101smN 0_111INEll Construction - Highway Barricades and Services, LLC. Contingencies (10 %) Engineer Fees: Engineer (HDR, Inc.) Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) Finance Reimbursements Misc. (Printing, Advertising, etc.) TOTAL ESTIMATED PROJECT BUDGET BALANCE $ 123,718.53 50,000.00 173,718.53 129,770.00 23,740.20 10,800.00 2,595.40 4,541.95 1,622.13 648.85 $ 173,718.53 councilexhibits \ exht 72 146. LOCATION MAP NOT TO SCALE PROJECT #E12148 City Wide Street Striping CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS & Pavement Markings DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 G� O� AGENDA MEMORANDUM koPOa,EO Future Item for the City Council Meeting of August 20, 2013 1852 Action Item for the City Council Meeting of August 27, 2013 DATE: July 26, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of Municipal Information Services MichaelAr@cctexas.com 361- 826 -3735 Professional Services Agreement to provide Oracle database administration services. CAPTION: Motion authorizing the City Manager, or designee, to execute a one year contract with Falcron Solutions, Inc., of Houston, Texas, and up to two one year extensions for an estimated expenditure of $120,000.00 annually. The cost will be paid in monthly payments of $10,000.00. The purpose is to provide Oracle database administration services for the current Oracle environment. Approval of this contract will provide Oracle database administration services for the City's current Oracle environment. BACKGROUND AND FINDINGS: The City would like to enter into an agreement with Falcron Solutions, Inc. to provide Oracle database administration services. This agreement will be for a minimum of 80 hours monthly of oracle database administration services at a cost of $10,000 per month. The City has been without a dedicated Oracle database administrator since our last Database Administrator left City employment late last year. We have been unable to hire a replacement and we need to enter into a professional services agreement for the Oracle database administration services needed. City applications which operate on the Oracle database platform are Peoplesoft, Maximo, GIS, and Public Safety. ALTERNATIVES: Continue without Oracle database administration services OTHER CONSIDERATIONS: NA CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 120,000.00 240,000.00 360,000 Encumbered / Expended Amount This item 120,000.00 1 240,000.00 1 360,000 BALANCE 01 01 0 Fund(s): Municipal Information Services Comments: Total cost of year one contract is $120,000.00 with possible extensions for year two and year three totaling $360,000. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Falcron Solutions, Inc. Agreement 2. Term of Contract This Agreement shall commence as of date of last signature and continue for one year. This agreement may be extended for up to two additional one-year terms, and the same terms and conditions, upon written agreement of the City Manager and Consultant. domain. Work product created exclusively by Client in conjunction within this Agreement, as well as all Client data, shall remain the property of Client. 11. Validitv of Provision If any provision of this Agreement is held to be void, illegal, unenforceable, or in conflio with any law of a controlling government agency, the validity of the remaining portions and/or provisions of this Agreement shal I not be affected thereby. 12. Amendment This Agreement may be amended only by written agreement between the parties that expressly amends, terminates, or supersedes this Agreement. 14. Expenses No additional expenses such as travel, software or hardware will be necessary for this engagement based on resource location. Should additional resources be required for th,; Datacron service and travel is requested, an additional addendum to the contract can be added to specifically address that need. 1 Acceptance In witness whereof, the parties have caused this Agreement to be executed by it duly authorized representatives. By ate: Authorized Signature Title: Print Name CONSULTANT Falcr Solutions, Inc, IC Solutions, Z By: Date: 4Z4�5t 0f3 u u Signature t oozed Signature David Hom Title: CEO Print Name lq�!q ir� A. Consultant must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, 2 copies of Certificates of Insuran with applicable policy endorsements showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named - an additional insured on the General liability policy, and a waiver of subrogation required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate pAli cy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 10 Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors ® Personal Injury- Advertising Injury PROFESSIONAL LIABILITY $ 1,000,000 Per Claim — Aggregate If claims made, policy needs 24-month extension period post-termination or ex iration date. PE AT Which Complies With The Texas ers All States Endorsement if Consultant is not Compensation Act And Paragraph 11 Of Domiciled in Texas. This Exhibit. EMPLOYER'S LIABILITY $500,0001500,0001500,000 C. In the event of accidents of any kind related to this lease agreement� Consultant must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accide,_rt. mill UV A. Applicable for paid employees, Consultant must obtain workers' compensation covera through a licensed insurance company. The coverage must be written on a policy endorsements approved by the Texas Department of Insurance. The worker compensation coverage provided must be in an amount sufficient to assure that workers' compensation obligations incurred by the Consultant will be promptly met. I City of Corpus Christi Attn: Risk ManagLer P.O. Box 9277 W! 1W �lillllllllil:ll D. 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: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; io 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; "I'll'orkers' compensation and employers' liability policies will provide a waiver oT gubrogation in favor of the City; and Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice 1, :+ of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverag* 'I Consultant shall provide a replacement Certificate of Insurance and applicab endorsements to City. City shall have the option to suspend Consultant's performan should there be a lapse in coverage at any time during this contract. Failure to provi and to maintain the required insurance shall constitute r< breach of this contract. 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. G. Nothing herein contained shall be construed as limiting in any way the extent to whi Consultant may be held responsible for payments of damages to persons or prope resulting from Consultant's or its subcontractor's performance of the work covered und this agreement. H. It is agreed that Consultant's insurance shall be deemed primary and non-contributo I with respect to any insurance or self insurance carried by the City of Corpus Christi fl liability arising out of operations under this agreement. 111:�11111111111111r� 1111pill iiiiiiiiii� Pill 11111111111p�1111 I 2013 Insurance Requirements MIS Department Oracle Database Support 4/2/2013 ds Risk Management E All persons or firms seeki to do business with the Ci must provide the following information. Every � If the question is not app icable, answer with "NA". See reverse s de f6r trestion must be answerel lefinitions. COMPANY NAME: ROM P. 0. BOX: A/ k ME=, 2. State the names of each Council Member of the City of Corpus Christi having a "substantial interes th in e above named "firm." I Wo 3. «t » %: names of each "board member" of the City of C5-rp—u-s dye i having a "substantial interesV" in the above named "firm." Name Board, Commission, or Committee 4 "consultant" of C � Christi worked on any matter `` 1 4 [1) oils, a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Substantial Interest" Any interest which has a value of five thousand dollars ($5,000.00) more or represents ten (10) per cent or more of a person's gross income during the most recent calendar year. i f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corp Christi for the purpose of professional consultation and recommendation. i ArAwptcN soLurctoms, imc. Page 12 of 12 7/24/2013 C� CO's � v AGENDA MEMORANDUM aPOp,EO Future Item for the City Council Meeting of July 30, 2013 1852 Action Item for the City Council Meeting of August 20, 2013 DATE: July 16, 2013 TO: Ronald L. Olson, City Manager FROM: Carlos Valdez, City Attorney CarlosV @cctexas.com 826 -3360 Legal Services Contract with Tim Brown for general water issues CAPTION: Motion to authorize the Qty Manager or designee to execute a legal services agreement with Timothy L. Brown to advise the City on water rights and general water law issues, at monthly rate of $6,500 plus expenses. PURPOSE: To obtain legal services for general water law issues for FY 2014 -2015. BACKGROUND AND FINDINGS: Tim Brown has many years experience in dealing with City of Corpus Christi water issues. ALTERNATIVES: Hire attorney with water expertise as a permanent City employee. OTHER CONSIDERATIONS: Mr. Brown provides legal advice during legislative session concerning water issues. CONFORMITY TO CITY POLICY: This request conforms to City Charter provision regarding employment of legal counsel. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: The Water Department Director is in concurrence with this request. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $280,000 280,000 Encumbered / Expended Amount This item $80,000 807000 BALANCE 2007000 2007 000 Fund(s): Water RECOMMENDATION: Staff recommends approval of the legal services contract. LIST OF SUPPORTING DOCUMENTS: Letter agreement attached. August 1, 2013 Mr. Timothy L. Brown Attorney at Law 1600 West 38th Street, Suite 206 Austin, Texas 78731 Re: Legal Services Agreement to Assist the City with general water issues and ongoing projects Dear Mr. Brown: This will confirm your agreement with the City of Corus Christi to provide legal services to assist the City with general water issues and other matters as directed by the City Manager or City Attorney. You will work with the City Attorney and Water Department on specific projects, as requested by the City Manager, City Attorney, or their designees, including, but not limited to, assisting the City regarding legal issues related to any of the City's water rights, assisting the Corpus Christi Aquifer Storage and Recovery Water Conservation District including expansion of district boundaries, analyzing legal issues related to City's perpetual wholesale water supply contracts, analyzing legal issues related to the development of the City's water rights, assisting in negotiating and drafting of agreements relating to the City's water rights, and assisting the City in regard to Federal and State legislative and agency matters that could affect the City's water rights. You will also keep informed as to discussions and proposals relating to general water related matters and provide the City with regular briefings. In addition, in coordination with and as requested by the City's Director of Intergovernmental Relations, you will act as one of the City's liaisons for legislative and regulatory matters dealing with water legislation during the regular and special session of the Texas Legislature, water rights, general water issues, environmental issues, and other matters as directed by the City Manager or City Attorney. You will assist the City, Legislative members, and regulatory entities by providing data, information, and research relating to the full range of issues covered under this agreement as directed by the City Manager or City Attorney. Your services will be performed beginning August 1, 2013 and ending July 31, 2014 at the hourly rate of $175 per hour, capped at $6,500 per month beginning August 1, plus expenses. However, the monthly fee is capped at $7,000 per month when there is a special legislative session concerning water issues, plus expenses. When travel is requested by the City, the City of Corpus Christi will reimburse you for reasonable and customary charges for travel, when itemized. (For example, first class airfare and luxury suites are not considered reasonable.) Billing will be submitted monthly to Carlos Valdez, City Attorney, and shall be payable within 30 days of receipt. You will notify the city Attorney promptly if you should discover any conflict of interest between your representation of the City and any other interest or client that you may have. This agreement is exclusive of any other agreement between you and the City and may be cancelled at any time with 30 days notice to either party. Please indicate your acceptance by your signature below and return to the City Attorney. Sincerely, Ronald L. Olson City Manager ACCEPTED: Timothy L. Brown G� O� AGENDA MEMORANDUM koPOa,EO Future Item for the City Council Meeting of August 20, 2013 1852 Action Item for the City Council Meeting of August 27, 2013 DATE: August 5, 2013 TO: Ronald L. Olson, City Manager THRU: Susan Thorpe, Assistant City Manager SThorpe(abcctexas.com 361.826.3898 Eddie Ortega, Director EddieOn,gctexas.com 361.826.3224 FROM: Rudy Bentancourt, CD Administrator RudyQPcctexas.com 361.826.3021 Board of Director's Meeting of the Corpus Christi Community Improvement Corporation CAPTION: Board of Directors Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) PURPOSE: To provide a loan commitment for the Woodland Creek project from FY2013 HOME funding. BACKGROUND AND FINDINGS: On February 26, 2013 the City Council passed a Resolution in support of the proposed affordable housing project known as Woodland Creek Apartments. On May 14, 2013, the City Council approved to set aside funding requested for Woodland Creek Apartments in the amount of $470,000. On July 25, 2013, the Texas Department of Housing and Community Affairs approved to provide the Woodland Creek project with Housing Tax Credits (HTC's). The motion will be to approve the loan commitment terms for the project subject to the execution of the funding agreement. In order to secure the HTC's, the project must receive a firm commitment from the local government of the project location. A firm commitment is defined as an executed agreement. Woodland Creek Apartments, located at 11641 Leopard St., Corpus Christi, TX 78410, will involve the demolition and reconstruction of 94 apartments (100% Section 8) serving low - income families, seniors and individuals. The development will be financed primarily through Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. Discussion, and possible action, will involve the approval of a loan commitment of $470,000 for the Woodland Creek project which will be made from FY2013 funds provided through the U. S. Department of Housing and Urban Development's HOME Program at 3% interest for a 20 -year term with payments amortized over 30 years and paid from available net cash flow, subject to execution of the funding agreements. ALTERNATIVES: "Not Applicable" OTHER CONSIDERATIONS: "Not Applicable" CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCCIC policies. EMERGENCY / NON - EMERGENCY: Non - Emergency. This item requires only one meeting of the CCCIC Board. DEPARTMENTAL CLEARANCES: Neighborhood Services and City Secretary's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Recommendation is requested to approve the loan commitment term for the proposed project to secure TDHCA funding. LIST OF SUPPORTING DOCUMENTS: Agenda for Meeting Unapproved July 30, 2013 Board Meeting Minutes Treasurers Report AGENDA DATE: Tuesday, August 27, 2013 TIM E 5 j ,A FN sse■-Fu±N / JU/ of 1:30 a.m. PLACE City Council Chambers 1201 Leopard Street / driq f / LE46T (;b 78401 1. / PMp sse■-FGa drr s'o 2. Secretary Armando Chapa cal Is roll. Board of Directors Kelley Alen, President Lillian Rojas, Vice- President Rudy Garza PrisdIIa Leal David Loeb Colleen McIntyre Chad Magi I I Nelda Ramirez a h4R I' oh 3. Approval of the minutes of July 30, 2013 4. Financial Statement (). rcre Ron L Olson, General Manager Armando Chapa, Secretary Rbbecca Huerta, Asst. Secretary Constance P. Sanchez, Treasurer Vacant, Asst. Treasurer 5. a oeo■ Cii ArZf bos a loan commitment of $470,000 for the Woodland Creek project, loan to be made from funds provided through the U. S. Department of Housing and Urban Development's HOME Program at 3% interest for a 20 -TOna' O-UL:4 s■(D v dreisr oos'n,-% T-§Ad Par .A available net cash flows fj L t� h sssl'j eo■ ci±N 4 ■r�}Pr}rss s ■( 6. PublicGomment 7. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ( CCCIC) ANNUAL MEETING July 30, 2013 8:07 P.M. PRESENT Board of Directors Nelda Martinez, President Kelley Allen Priscilla Leal David Loeb Mark Scott (lffi rf-m Armando Chapa, Secretary Constance Sanchez, Asst. Treasurer President Martinez called the meeting to order in the Council Chambers of City Hall at 8:07 p.m. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Martinez entertained a motion for the appointment of City Council members Rudy Garza, Lillian Riojas, Chad Magill and Colleen McIntyre as CCCIC Board of Directors. Mr. Scott made said motion, seconded by Ms. Leal, and passed. President Martinez called for the approval of the minutes from the October 23, 2012 meeting. Mr. Scott made a motion to approve the minutes as presented, seconded by Mr. Loeb, and passed. President Martinez called for the election of Officers. A motion was made by Ms. Martinez to elect Kelly Allen as President, seconded by Mr. Loeb, and passed. A motion was made by Mr. Loeb to elect Lillian Riojas as Vice - President, seconded by Ms. Martinez, and passed. A motion was made by Mr. Scott to elect Constance Sanchez as Treasurer, Armando Chapa as Secretary, Rebecca Huerta as Assistant Secretary, and Assistant Treasurer, vacant, seconded by Mr. Loeb, and passed. A motion was made by Mr. Loeb to elect Ron Olson as General Manager, seconded by Mr. Magill, and passed. Newly elected President Allen called for the Treasurer's Report. Treasurer Constance Sanchez referred to the summary of transactions for one month ending April 30, 2013 and the fund balance was $14,923,812. The Board had no questions. President Allen moved on to Item No. 7. Secretary Chapa asked the Directors to consider amending the CCCIC By -laws as follows: Changing the date of the annual meeting from "the third City Council meeting in May of each year" to "a City Council meeting in February ". Mr. Magill made said motion, seconded by Ms. McIntyre, all "Ayes ", except Mr. Scott being absent. Motion passed. 1 President Allen moved on to Item No. 8. Secretary Chapa presented the Appointment of Loan Review Committee members. He indicated there were three (3) vacancies with terms to 5 -7 -16 representing the following categories: 1 — Financial Institution, 1 — Health and Human Services, and 1 — At Large. He then stated Mr. David Cantu (Financial Institution), Ms. Clarissa L. Briseno (Health /Human Services), and Mr. Barry Lobell (At Large) were seeking reappointment to another three -year term. A motion was made by Mr. Loeb to reappoint members Cantu, Briseno and Lobell, seconded by Ms. McIntyre, all "Ayes ", except Mr. Scott being absent. Motion passed. President Allen called for public comment. There was none. There being no further business to come before the Board, President Allen adjourned the meeting at 8:13 p.m. on July 30, 2013. 444 2 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET June 30, 2013 ASSETS Cash and investments Due from U S Government/Other Fund Mortgages receivable Accrued interest receivable Account receivable Leasehold improvements (net of accumulated amortization) Investment in property (net of accumulated depreciation) Total assets LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Deposits Due to other funds Total liabilities Fund Balance: Reserved for mortgages Reserved for Investments Unreserved Total fund balance Total liabilities and fund balance Loan Program Special Project HOME Program 715 Fund Fund Fund Total 1,743,178 253,585 49,866 2,046,629 0 0 0 0 8,346,674 0 4,330,946 12,677,620 0 0 0 0 0 0 0 0 0 0 0 0 96,818 21,047 0 117,865 10,186,670 274,632 4,380,812 14,842,1.14_ 715 0 0 715 55,215 0 0 55,215 0 0 0 0 55,930 0 0 55,930 8,346,674 0 4,330,946 12,677,620 96,818 21,047 0 117,865 1,687,248 253,585 49,866 1,990,699 10,130,740 274,632 4,380,812 14,786,184 10,186,670 274,632 4,380,812 14,842,114 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR MONTH ENDING JUNE 30, 2013 Revenues: Contribution from Federal Government Interest on loans Interest on investments Rental income Miscellaneous Total revenues Expenditures: Grants Warranty Work Community Development administration Loan processing Accounting services Interest expense Miscellaneous Accumulated amortization- forgivable loans leasehold improvements Accumulated depreciation - building Total expenditures Excess of revenues over expenditures Other financing sources(uses): Operating transfers in(out): Transfer From CDBG Transfer To CDBG Total other financing sources(uses) Loan Program Special Project HOME Program Fund Fund Fund Total 0 0 1,081,634 1,081,634 15,420 13,549 23,886 52,855 143 6 31 180 0 0 0 0 2,056 0 572 2,628 17,619 13,555 1,106,123 1,137,297 25,835 0 110,713 136,548 0 0 0 0 0 0 4,807 4,807 456 0 1,239,040 1,239,496 0 0 0 0 0 0 0 0 42,748 0 0 42,748 0 0 0 0 0 0 0 0 0 0 0 0 6,941 0 0 6,941 75,980 0 1,354,560 1,430,540 (58,361) 13,555 (248,437) (293,243) 0 0 0 0 0 0 0 0 Excess (Deficit)of revenues and other financing sources over expenditures and other uses (58,361) 13,555 (248,437) (293,243) Fund balances at July 31, 2012 10,189,101 261,077 4,629,249 15,079,427 Fund balances at June 30, 2013 10,130,740 274,632 4,350,812 14,786,184 to AGENDA MEMORANDUM for the City Council Meeting of August 20, 2013 DATE: August 2, 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 UPDATE TO CITY COUNCIL Presentation on Mary Rhodes Pipeline, Phase 2 STAFF PRESENTER(S): Name 1. Daniel Biles, P.E. 2. Gustavo Gonzalez, P.E. 3. OUTSIDE PRESENTER(S): Name 1. 2. 3. BACKGROUND: Title /Position Director Director Title /Position Department Engineering Services Water Operations Organization This presentation will update the Council on the current status of this project. It is for informational purposes only and no action is required. LIST OF SUPPORTING DOCUMENTS: PowerPoint M ary Rhodes Pipeline, Phase 2 Status U pdate WATER Council Presentation August 20, 2013 Contract 1! Pump Stations and Sedimentation Basin Mary Rhodes Phase I Tie-in Contract 4• Pipeline Section C and Mary Rhodes Phase I Tie-In WAT E R %wlwmml�- Con tract I Pipee rrle Section B st' Ig Design Phase (4 Construction Packages and 1 Pump /Motor Pre - Purchase Package) ✓ Design and Permitting on Schedule ✓ Preliminary Design Report ✓ 6o% Design Package ✓ go% Design Package ✓ l00% Design Package ✓ Coordinating with AEP on Power Supply Agreement - Execution of Agreement in September 2013 ✓ Issued for Bid Documents on Schedule for October 2013 Pump /Motor Pre - Purchase • Pump Procurement Advertised on August, 2013 • Pump Contract Award Scheduled for November, 2013 • Pumps Procured and Delivered December, 2014 Project Status 9'71 $'[itk'9 MC N "Y' 0 Project Status Land Acquisition 33% of Easement Length and 50% of Landowners with Signed Easement Agreements — On Target for Scheduled Completion ✓ Negotiating Easement Terms with Remaining Landowners ✓ Easement Acquisition Scheduled to Complete Before the End of 2013 Project Delivery Mitigation ✓ Pump Delivery — Float Time Built into Schedule with Pre - Purchase Method ✓ Land Acquisition — Acquisition Team Negotiating Remaining Pipeline Easements, Potential Condemnation of Pump Stations/ Sedimentation Basin Property ✓ Power Supply — Project Team Coordinating with AEP throughout Project to Secure Permanent and Temporary Power 19 Project Schedule Current Project Status Point — On Schedule Program Budget PROJECT BUDGET Mary Rhodes Pipeline Phase 2 FUND SOURCE: Texas Water Development Board Loan ....................... ............................... $7,961,825.00 Water Revenue Bonds .............................................. ............................... 56,209,685.00 Future Funding Required........ ............................. ............................... 96,776,493.00 PROJECTTOTAL ................................................... ............................... $160,948,003.00 FUNDS REQUIRED: 90% Construction Estimate for Pipeline /Pump Stations /Sedimentation Basin (with 10 %contingency for pipelines and 15% contingency for pump station and sedimentation basin) ................................................ ............................... 130,000,000.00 Engineer Design (Freese and Nichols, Inc.)* .................. ............................... 11,335,503.00 Legal Services & Future Misc Project Costs (Bruce Hawn, Welder Leshin, LLP) * *.. 10,812,500.00 Power Supply Costs ...................................._....... _.............................. ..... 1,000,000.00 Reimbursements ..................................................... ............................... 7,800,000.00 TOTAL...... ..................................................... ............................... $160,948,003.00 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 WATER 1'71 9'AJk'1 nme "h'Y F 3 ; G� O� koPOa,EO AGENDA MEMORANDUM 1852 for the City Council Meeting of August 20, 2013 DATE: August 2, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 STAFF PRESENTER(S): Name 1. Daniel Biles, P.E. OUTSIDE PRESENTER(S): Name 1. Lonnie Gregorcyk, P.E. 2. Victor Vourcos, P.E. BACKGROUND: UPDATE TO CITY COUNCIL Presentation on Harbor Bridge Title /Position Director Title /Position District Engineer Advance Project Development Engineer Department Engineering Services Organization TxDOT TxDOT The proposed improvements both to US 181/SH 286 and Harbor Bridge will address structural deficiencies and navigational restrictions of the current bridge, and improve safety, connectivity, and level of service in the study area. The purpose of the project is to correct these established needs and to promote, enhance and spur economic development in the area. The presentation will show alternative routes being considered for this project. LIST OF SUPPORTING DOCUMENTS: *PowerPoint Presentation *At the time of publishing the agenda, the presentation was not available. It will be uploaded to this presentation and sent to the City Council when it is received. Current estimation date of delivery is Friday, August 16, 2013. Due to the large file size of the route maps, a CD with the proposed routes will be given to City Council.