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HomeMy WebLinkAboutAgenda Packet City Council - 09/24/2013 a Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final City Council Tuesday,September 24,2013 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Steve Hartwick, First Baptist Church C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 13-000894 Proclamation declaring September 24, 2013, as 70th Anniversary of the Junior League of Corpus Christi" Proclamation declaring September 28, 2013, as "Walk 'N Roll Celebration for Disability Awareness Day" Proclamation declaring October as "Domestic Violence Awareness Month" Proclamation declaring October 1, 2013, as "National Night Out" Proclamation declaring October 4-10, 2013 as "Ideas Week Corpus Christi" Proclamation declaring October 11, 2013, as "Texas Speech Communication Association Day" Proclamation declaring October 23, 2013, as "HELP Hits the High Notes" Special Recognition of City Secretary Armando Chapa Corpus Christi Page 1 Printed on 211812014 City Council Meeting Agenda-Final September 24,2013 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOWANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: H. EXECUTIVE SESSION: (NONE) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. I. MINUTES: 2. 13-000896 Regular Council Meeting of September 17, 2013 Attachments: Minutes-9-17-13 J. BOARDS &COMMITTEE APPOINTMENTS: 3. 13-000895 Leadership Committee for Senior Services Library Board Nueces County Tax Appraisal District Sister City Committee Attachments: 09-24-13 final Corpus Christi Page 2 Printed on 211812014 City Council Meeting Agenda-Final September 24,2013 K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (NONE) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. M. PUBLIC HEARINGS: (ITEMS 4,6) 4. 13-000852 Public Hearing and First Reading -Adopting Joint Land Use Study (JLUS) Background Report as an element of the Comprehensive Plan Ordinance accepting the NAS Corpus Christi Joint Land Use Background Report and amending the Comprehensive Plan of the City of Corpus Christi by adopting the NAS Corpus Christi Joint Land Use Study; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. Attachments: Agenda Memo-JLUS rev Minutes- Planning Commission Presentation-JLUS 9-24-2013.pdf Ordinance-JLUS.pdf Executive Summary-JLUS .pdf 5. 13-000834 Public Hearing and First Reading Ordinance -Amending the Unified Development Code's limitations on restaurants in the neighborhood commercial and office zoning districts. Ordinance amending the Unified Development Code for limitations on restaurants in the neighborhood commercial and office zoning districts by revising subsection 5.2.11 - Restaurant; and providing for severance, penalties, and publication. Attachments: Agenda Memo- UDC Amdmts-Restau rants in CN &ON Ordinance- UDC Amdmts-Restau rants in CN &ON Corpus Christi Page 3 Printed on 211812014 City Council Meeting Agenda-Final September 24,2013 6. 13-000831 Public Hearing and First Reading Ordinance -Rezoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District, on properties located at 1309 Daly Drive and 1302 Woodlawn Drive. Case No. 0813-03 Hammond Jones Real Estate Development LLC: A rezoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District, resulting in a partial change to the Future Land Use Plan. The property to be rezoned is described as being the south 24 feet of Lot 1, all of Lots 2-10, the north 33 feet of Lot 19, and all of Lots 20-24, Block 2, Woodlawn Estates, located on the south side of McArdle Road between Woodlawn and Daly Drives. Planning Commission and Staff Recommendation (August 28, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Hammond Jones Real Estate Development LLC, acting as agent on behalf of Allen Lovelace Moore and Blanche Davis Moore Foundation ("Owner"), by changing the UDC Zoning Map in reference to the south 24 feet of Lot 1, all of Lots 2-10, the north 33 feet of Lot 19, and all of Lots 20-24, Block 2, Woodlawn Estates, located on the south side of McArdle Road between Woodlawn and Daly Drives, from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Hammond Jones, Daly&Woodlawn Dr Maps-Aerial Overview, Hammond Jones, Daly&Woodlawn Dr Zoning Report-Hammond Jones, Daly&Woodlawn Dr Ordinance- Hammond Jones, Daly&Woodlawn Dr Public Comment Summary- Hammond Jones, Daly&Woodlawn Dr 7. 13-000832 Public Hearing and First Reading Ordinance -Rezoning from the "RM-AT/10" Multifamily AT District with an Island Overlay and the "RS-6/10" Single-Family 6 District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, on properties located at 15013 - 15029 Leeward Drive and 15022 Aruba Drive. Case No. 0813-04 Doug Shaw: A rezoning from the "RM-AT/10" Multifamily AT District with an Island Overlay and the "RS-6/10" Single-Family 6 District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lots 5 and 14-18, Corpus Christi Page 4 Printed on 211812014 City Council Meeting Agenda-Final September 24,2013 Block 2, Section E, Padre Island - Corpus Christi, located between Aruba and Leeward Drives, approximately 200 feet south of Running Light Drive. Planning Commission and Staff Recommendation (August 28, 2013): Approval of the change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay and the "RS-6/10" Single-Family 6 District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, subject to 10 conditions. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by Doug Shaw ("Owner"), by changing the UDC Zoning Map in reference to Lots 5 and 14-18, Block 2, Section E, Padre Island - Corpus Christi, from the "RM-AT/10" Multifamily AT District with an Island Overlay and the "RS-6/10" Single-Family 6 District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Doug Shaw, Leeward &Aruba Dr Map-Aerial Overview- Doug Shaw, Leeward&Aruba Dr Zoning Report-Doug Shaw, Leeward&Aruba Dr Ordinance- Doug Shaw, Leeward&Aruba Dr 8. 13-000833 Public Hearing and First Reading Ordinance -Rezoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, on property located at 15030, 15034, and 15038 Aruba Drive. Case No. 0813-05 Doug Shaw and Jill Shaw: A rezoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lots 1-3, Block 2, Section E, Padre Island - Corpus Christi, located along the east side of Aruba Drive, approximately 175 feet west of Leeward Drive. Planning Commission and Staff Recommendation (August 28, 2013): Approval of the change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, subject to 10 conditions. Ordinance Corpus Christi Page 5 Printed on 211812014 City Council Meeting Agenda-Final September 24,2013 Ordinance amending the Unified Development Code ("UDC'), upon application by Doug Shaw and Jill Shaw ("Owners"), by changing the UDC Zoning Map in reference to Lots 1-3, Block 2, Section E, Padre Island - Corpus Christi, from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Doug Shaw Jill Shaw, Aruba Dr Aerial Overview Map- Doug Shaw Jill Shaw, Aruba Dr Zoning Report-Doug Shaw Jill Shaw,Aruba Dr Ordinance- Doug Shaw Jill Shaw, Aruba Dr N. REGULAR AGENDA: (ITEMS 9 - 10) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 9. 13-000877 Agreement for the Assessment of the Efficiency and Effectiveness of the Fire Department Motion authorizing the City Manager or designee to execute a consultant agreement with MGT of America, Inc. to provide an assessment of the efficiency and effectiveness of the City of Corpus Christi Fire Department for an amount not to exceed $97,950. Funding is available in the Fire Department Budget for fiscal year 2013/2014. Attachments: Agenda Memo- Fire Assessment Selection Matrix-RFP Fire Assessment 2 Presentation- rev Fire council Contract- Fire Review- MGT--9-19-13-Final 10. 13-000821 Approval of Change Order No. 6 for Corpus Christi International Airport Runway 17-35 Extension/Displacement and Connecting Taxiway Project Motion authorizing the City Manager, or designee, to execute Change Order No. 6 to the Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $641,521.50 for a total restated fee not to exceed $14,370,427.09, for the Corpus Christi International Airport (CCIA) Runway 17-35 Extension/ Displacement and Connecting Taxiway Project. Attachments: Agenda Memo- Runway 17-35 Change Order No. 6 Location Map- Runway 17-35 Change Order No. 6 Change Order Summary Change Order No. 6 Project Budget- Runway 17-35 Change Order No. 6 Corpus Christi Page 6 Printed on 211812014 City Council Meeting Agenda-Final September 24,2013 O. FIRST READING ORDINANCES: (ITEMS 11 - 15) 11. 13-000781 First Reading Ordinance - Restricting the use of wireless communications while driving Ordinance adding a new section 53-16 of the city code relating to restrictions on use of wireless communications while driving, creating an offense, providing for penalties, providing for severance, providing for publication, and providing for an effective date. Attachments: Agenda Memo-Wireless communications 09.24.2013 Ordinance-Cell phone ban-Second Draft 12. 13-000883 First Reading Ordinance -Accepting and appropriating State grant amendment increase Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant amendment in the amount of$50,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Woman, Infants, and Children (WIC) Program. Attachments: Agenda Memo-2013 WIC Letter of Amendment.pdf Ordinance-2013 ORD WIC Letter OfAmendment.pdf Letter of Amendment-WIC Grant July 2013.pdf Contract-2013 WIC.pdf 13. 13-000659 First Reading Ordinance -Amending Appendix A of the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness Ordinance authorizing the City Manager to execute all documents necessary to approve and accept this second amendment to Appendix A, of the Regional Health Awareness Board's ("RHAB") Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness, by adding the Texas A&M Irma Lerma Rangel College of Pharmacy and Education Service Center, Region 2 as organizations that may appoint members to the RHAB Attachments: Agenda Memo- RHAB.pdf Amendment to Appendix A of the Interlocal Agreement to Promote Community E Ordinance-9-11-13 Ord re 2nd amendment to Appendix A.pdf Attachment A-Appendix A Regional Health Awareness Board.pdf Resolution -025359 Authorizing CM to Execute Interlocal.pdf Resolution -025423-Approving 1stAmendmt of Interlocal.pdf 14. 13-000861 First Reading Ordinance -Closing a portion of a 10-foot wide utility easement Corpus Christi Page 7 Printed on 211812014 City Council Meeting Agenda-Final September 24,2013 Ordinance abandoning and vacating a portion of a 10-foot wide utility easement out of Parkdale Village Annex B and Lot 2, Parkdale Village Annex C and requiring the owner, TWF Partners, LLC., to comply with specified conditions. Attachments: Agenda Memo- Parkdale Village Annex, Abandon and Vacate Ordinance- Parkdale Village Annex, Abandon and Vacate 15. 13-000862 First Reading Ordinance -Closing a portion of a 15-foot wide utility easement Ordinance abandoning and vacating a portion of a 15-foot wide utility easement out of Lots 5A-6A, Industrial Technology Park Unit 1, and requiring the Owner, Agnes Properties, to comply with the specified conditions. Attachments: Agenda Memo- Industrial Technology Park,Abandon and Vacate Ordinance- Industrial Technology Park,Abandon and Vacate P. FUTURE AGENDA ITEMS: (ITEMS 16 -25) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 16. 13-000854 Purchase of Five Pickup Trucks for Beach Rescue and Beach Maintenance Motion approving the purchase of five (5) pickup trucks from Philpott Motors, Nederland, Texas for a total expenditure of $143,901.25. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted by the Parks and Recreation Department in FY 2013- 2014. Attachments: Revised Agenda Memo- Pickup Trucks Price Sheet- Pickup Trucks.pdf 17. 13-000856 Approving the lease-purchase of one Freightliner Truck with Pressure Digger Body Motion approving the lease-purchase of one (1) Freightliner truck with pressure digger body from Freightliner of Houston, Houston, Texas for a total amount of$285,809.00. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (HGAC). Funding is available from the City's lease-purchase financing contractor. Attachments: Revised Agenda Memo- Freightliner Truck with Pressure Digger Body Price Sheet- Freightliner Truck with Pressure Digger Body.pdf 18. 13-000857 Approving Lease purchase for Curbside Refuse and Recycle Containers Corpus Christi Page 8 Printed on 211812014 City Council Meeting Agenda-Final September 24,2013 Motion approving the lease purchase of 7,488 96-gallon curbside refuse containers and 1,872 96-gallon curbside recycle containers from Toter Incorporated, Statesville, NC for the total amount of $488,989.20. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease/purchase financing program. Attachments: Agenda Memo-Curbside Refuse and Recycle Containers2 Price Sheet-Curbside Refuse and Recycle Containers.pdf 19. 13-000858 Approving a supply agreement for trap rock used for seal coating Motion approving a supply agreement with Vulcan Construction Materials, L.P., San Antonio, Texas for approximately 6,000 tons of trap rock in accordance with Bid Invitation No. BI-0176-13 based on lowest responsible bid, for a total amount of$277,500 of which $231,250 is required for FY 2013-2014. The term of the supply agreement will be twelve-months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Street Department in FY 2013-2014. Attachments: Agenda Memo-Trap Rock.pdf Bid Tabulation-Trap Rock.pdf 20. 13-000885 Contract -Approving Data Collection Unit(DCU) Component Upgrade to the Automated Meter Reading (AMR) System Motion approving a contract with Aclara Technologies LLC, Hazelwood, Missouri for the purchase and installation of components on approximately 61 Data Collection Units (DCU's) of the City's automatic meter reading (AMR) system. The award is based on sole source, for a total amount of$71,791.33. Funds have been budgeted by the MIS Department in FY 2013-2014. Attachments: Agenda Memo- DCU Componets Upgrade to AMR Price Sheet- DCU component upgrade to AMR Mastr Agreement-Aclara-DCU Upgrade 21. 13-000823 Amendment to Ad Valorem Collections Contract with Nueces County Motion approving an amended agreement for ad valorem tax collection services with Nueces County at an annual per parcel rate established by Nueces County and continuing from year to year unless canceled. Corpus Christi Page 9 Printed on 211812014 City Council Meeting Agenda-Final September 24,2013 Attachments: Agenda Memo-Collections Contract with Nueces County for 2013 Tax Year.pdf Letter-from Kevin Kieschnick.pdf Amended Agreement-for Ad Valorem Tax Collection Services.pdf 22. 13-000886 Refunding of Corpus Christi Business and Job Development Corporation Arena Bonds Resolution by the City Council of the City of Corpus Christi, Texas relating to "Corpus Christi Business and Job Development Corporation Sales Tax Revenue Refunding Bonds, Series 2013 (Arena Project)"; approving the resolution of Corpus Christi Business and Job Development Corporation authorizing the issuance of such bonds; and resolving other matters incident and related to the issuance of such bonds; and providing an effective date. Attachments: Agenda Memo- Refund of Arena Bonds.pdf Resolution - for Arena 23. 13-000887 Refunding of Corpus Christi Business and Job Development Corporation Baseball Stadium Bonds Resolution by the City Council of the City of Corpus Christi, Texas relating to "Corpus Christi Business and Job Development Corporation Sales Tax Revenue Refunding Bonds, Series 2013 (Baseball Stadium Project)"; approving the resolution of Corpus Christi Business and Job Development Corporation authorizing the issuance of such bonds; and resolving other matters incident and related to the issuance of such bonds; and providing an effective date. Attachments: Agenda Memo- Refund of Baseball Stadium Bonds.pdf Resolution -for Baseball Stadium 24. 13-000672 Engineering Design Contract Amendment No. 2 for two new 10 Million Gallons Daily(MGD) Pumps for the Staples Street Pumping Plant Motion authorizing the City Manager, or designee, to execute Amendment No. 2 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $135,640.00, for a total restated fee not to exceed $352,110.00 for the Staples Street Pumping Plant New 10 MGD Pumps Project. Attachments: Agenda Memo-Staples Pumping Plant Project Budget-Staples Pumping Plant Location Map-Staples Pumping Plant.pdf Contract-Staples Pumping Plant Presentation-Staples Pumping Plant 25. 13-000848 Engineering Design Amendment No. 1 - McArdle Road Corpus Christi Page 10 Printed on 211812014 City Council Meeting Agenda-Final September 24,2013 Improvements - Ennis Joslin Road to Whitaker Drive (Bond 2012) Motion authorizing the City Manager or designee to execute Amendment No. 1 to a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $155,520.00, for a total restated fee not to exceed $1,113,240.00 for McArdle Road from Nile Drive to Ennis Joslin Road and McArdle Road from Whitaker Drive to Nile Drive, for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 1 Street Projects) Attachments: Agenda Memo- McArdle Road Improvements .pdf Protect Budget- McArdle Road Improvements.pdf Location Map- McArdle Road.pdf Contract- McArdle Road.pdf Presentation- McArdle Road Improvements.pdf Q. BRIEFINGS TO CITY COUNCIL: (NONE) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. R. ADJOURNMENT Corpus Christi Page 11 Printed on 211812014 Cor us Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,September 17,2013 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order at 11:30 a.m. B. Invocation to be given by Mr. Chuck Goodwin, Fish for Life Ministries Mr. Goodwin gave the invocation. C. Pledge of Allegiance to the Flag of the United States. Ms. Mary Ann Pena with the City Secretary's Office gave the Pledge of Allegiance. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Assistant City Secretary Rebecca Huerta stated that a quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, First Assistant City Attorney Alison Logan,and Assistant City Secretary Rebecca Huerta. Present: 9- Council Member Kelley Allen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Marti nez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza E. Proclamations /Commendations 1. Swearing-in Ceremony for Newly Appointed Board and Commission Members Mayor Martinez conducted the swearing-in ceremony. F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 9/19/2013 City Council Meeting Minutes September 17,2013 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor Martinez referred to the City Manager's Comments. City Manager Olson reported on the recent rainfall's impact on the watershed. He said the impact was not substantial. Water levels in Choke Canyon and Lake Corpus Christi remained the same. H. EXECUTIVE SESSION: (ITEMS 2 -3) Mayor Martinez referred to the executive sessions on the day's agenda. The Council went into executive session. 2. Executive Session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the evaluation of the City Secretary with possible discussion and action in open session. The Council returned from executive session. Mayor Martinez stated that the following motion was discussed in e-session for Council consideration: Motion authorizing lifetime full golf and cart privileges at Corpus Christi Municipal Golf Courses for City Secretary Armando Chapa. Councilmember Scott made a motion to approve the motion as presented, seconded by Ms. McIntyre,and passed. Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013-139 3. Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation Corpus Christi Page 2 Printed on 9/19/2013 City Council Meeting Minutes September 17,2013 related to the city wastewater treatment plants, with possible discussion and action in open session This E-Session Item was discussed in executive session. I. MINUTES: 4. Regular Council Meeting of September 10, 2013 Councilmember Scott made a motion to approve the minutes as presented, seconded by Ms. Leal. The Minutes were approved. J. BOARDS &COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 5 -20) Approval of the Consent Agenda Mayor Martinez called for the consent agenda. Councilmember(s) requested that Item 6 be pulled for individual consideration.There were no comments from the public. The consent agenda was passed in one vote as follows: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 5. Service Agreement for Pump & Motor Repairs at water treatment plant Motion approving a service agreement with Smith Pump Company, Inc., Woodway, Texas, based on best value, in accordance with Request for Proposal 13I-0120-13, for an estimated annual expenditure of $664,260 of which $553,550 is budgeted in FY 2013/2014. The term of the agreement will be for one year and will automatically be extended for up to two additional one-year periods, subject to the approval of the service provider and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013/2014. This Motion was passed on the Consent Agenda. Enactment No: M2013-140 6. Service Agreement for Workers' Compensation Third-Party Administrator Services Motion approving a service agreement with York Risk Services Group, Inc. of Corpus Christi, Texas for workers' compensation third-party Corpus Christi Page 3 Printed on 9/19/2013 City Council Meeting Minutes September 17,2013 administration services, in accordance with Request for Proposal Number BI-0063-13, based on lowest responsible proposal, for an estimated one-year expenditure of$329,290, of which $301,849.17 is required for FY13/14. The term of the service agreement will be for one year with an option to extend for up to three additional one-year periods subject to the approval of the service provider and the City Manager or designee. This service will be used by the Risk Management Division of the Legal Department in administering the City's workers' compensation claims. Funding is available in the Liability and Employee Benefits Workers' Compensation Fund for FY13/14. Mayor Martinez referred to Item 6. Councilmember(s)asked if the company had a local office and for clarification regarding the budgeted amount for the contract. There were no comments from the public. This Motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Nay: 1 - Council Member Leal Abstained: 0 Enactment No: M2013-141 7. Use of Permanent Art Trust funds to complete sculpture installation and identification Motion to approve an $9,920 expenditure from the Permanent Art Trust Fund for expenses related to fabrication, re-installation, and identification of Chin art sculpture at the American Bank Center on the Corpus Christi Bay Front. This Motion was passed on the Consent Agenda. Enactment No: M2013-142 8. Contract Amendment No. 1 for Water Conservation Outreach Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with dlo Three Dimensional Development, LLC of Corpus Christi, Texas in the amount of$30,000.00, for a total restated fee not to exceed $78,500.00 for Water Conservation Outreach. This Motion was passed on the Consent Agenda. Enactment No: M2013-143 9. Construction Contract-for Corpus Christi International Airport (CCIA) 17-35 Runway Navigational Aids Corpus Christi Page 4 Printed on 9/19/2013 City Council Meeting Minutes September 17,2013 Motion authorizing the City Manager, or designee, to execute a Construction Contract with Bay, Ltd. of Corpus Christi, Texas for the Corpus Christi International Airport (CCIA) 17-35 Runway NAVAIDs (Navigational Aids) project in the amount of$857,863.80 for the Base Bid plus Additive 2. This Motion was passed on the Consent Agenda. Enactment No: M2013-144 10. Second Reading Ordinance - Rezoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District, on property located south of La Quinta Road and bayward of the City limit line. (1st Reading 9110113) Case No. 0713-05 Port of Corpus Christi Authority of Nueces County, Texas: A rezoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District on property described as being a 268.68-acre tract of land out of the Geronimo Valdez Survey, Abstract 269, the John Garreghty Survey, Abstract 139, the T.T. Williamson Surveys, Abstracts Nos. 284, 285, 286, 287, 288, and 289, and the State Mineral Tract Nos. 1, 11, and 12, located south of La Quinta Road and bayward of the City of Corpus Christi city limit line. Planning Commission and Staff Recommendation (July 31, 2013) Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District Ordinance Ordinance amending the Unified Development Code upon application by the Port of Corpus Christi Authority of Nueces County, Texas ("Owner"), by changing the UDC Zoning Map in reference to a 268.68-acre tract of land out of the Geronimo Valdez Survey, Abstract 269, the John Garreghty Survey, Abstract 139, the T.T. Williamson Surveys, Abstracts Nos. 284, 285, 286, 287, 288, and 289, and the State Mineral Tract Nos. 1, 11, and 12, from the "RS-6" Single-Family 6 District to the "I H" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029948 11. Second Reading Ordinance - Rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District, on property located at 2301 Agnes Street. (1st Reading 9110113) Corpus Christi Page 5 Printed on 9/19/2013 City Council Meeting Minutes September 17,2013 Case No. 0813-01 Stuart Spigel: A rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lots 1-24, Block 8, Patrick-Webb Addition, located between Agnes and Marguerite Streets and between Twentieth and Twenty-first Streets. Planning Commission and Staff Recommendation (August 14, 2013): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ("UDC"), upon application by Stuart Spigel, acting as agent on behalf of SPS Texas Centers, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to Lots 1-24, Block 8, Patrick-Webb Addition, from the "IL" Light Industrial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029949 12. Second Reading Ordinance -Accepting and appropriating the 2014 Selective Traffic Enforcement Program grant from the Texas Departmant of Transportation (TXDOT) (1st Reading 9110113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of$96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI) and Speed enforcement overtime, with a city match of$48,041.33, for a total project cost of$144,439.23 and appropriating $96,397.90 in the No. 1061 Police Grants Fund. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029950 13. Second Reading Ordinance -Accepting and appropriating a Regional grant for WebEOC(1st Reading 9110113) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Council in the amount of$30,000 for the benefit of the City's WebEOC operations; and appropriating $30,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's Corpus Christi Page 6 Printed on 9/19/2013 City Council Meeting Minutes September 17,2013 WebEOC. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029951 14. Second Reading Ordinance -Construction contract for Fire Station No. 5 Relocation Re-Bid (Bond 2008) (1st Reading 9/10/13) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer$181,690 in programmed project savings from Project No. 140232 New Fire Station in area of Holly/Saratoga and Ayers to Project No. 140231 Relocation of Fire Station No. 5 Project and authorizing the City Manager, or designee, to execute a Construction Contract with Safenet Services of Corpus Christi, Texas for the Fire Station No. 5 Relocation Re-Bid (Bond 2008) project in the amount of $1,777,037.00 for the Base Bid plus Additive Alternates C, E, F, I, J and K. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029952 15. Second Reading Ordinance -Appropriating funds for park improvements and other related projects (1st Reading 9/10/13) Ordinance appropriating $410,468.46 in developer contributions and $766.93 in interest earnings for a sum of$411,235.39 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029953 16. Second Reading Ordinance - Funding the creation of a strike force for minor emergency maintenance items (1st Reading 9/10/13) Ordinance appropriating $296,500 from the Unreserved Fund Balance in the No. 1020 General Fund Reserve to be used for emergency maintenance employees and equipment; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase appropriations by $296,500. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029954 17. Second Reading Ordinance -Changing Born Street from one-way traffic to two-way traffic (1st Reading 9/10/13) Corpus Christi Page 7 Printed on 9/19/2013 City Council Meeting Minutes September 17,2013 Ordinance amending Section 53-250 of the Code of Ordinances to delete "Born Street, between Water Street and Chaparral Street" from Schedule I, One-way streets and alleys; providing for penalties; providing for severance; and providing for publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029955 18. Second Reading Ordinance - Granting a Revocable Easement to allow a pipeline to cross two tracts of City owned land (1st Reading 9110113) Ordinance granting a Revocable Easement to TexStar Midstream Utility, LP to construct, operate, maintain, repair and remove one (1) 12-inch pipeline across two tracts of City owned land located southwest of the O.N. Stevens Water Treatment Plant; for the amount of $70,000 paid to the City; authorizing the City Manager or designee to execute the Revocable Easement instrument and other related documents for the conveyance of the revocable easement. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029956 19. Second Reading Ordinance -Approving agreement and reimbursement for construction of a water arterial transmission and grid main line (1st Reading9/10/13) Ordinance authorizing execution of a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Kitty Hawk Development LTD., ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $30,691.40 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029957 20. Second Reading Ordinance - Reestablishing Industrial Districts and authorizing City Manager to execute Industrial District Agreements for a ten year period.(1st Reading 9/10/13) Ordinance authorizing the reestablishment of land areas located within the extraterritorial jurisdiction of the City of Corpus Christi, Texas as Industrial Districts; reserving and preserving all rights, powers and duties of the City Council; authorizing the City Manager, or designee, to execute Industrial District Agreements by and between the City and Corpus Christi Page 8 Printed on 9/19/2013 City Council Meeting Minutes September 17,2013 various property owners located within the extraterritorial jurisdiction of the City. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029958 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (NONE) P. FUTURE AGENDA ITEMS: (ITEM 21) Mayor Martinez called for future agenda items. City Manager Olson said staff had a presentation on Item 21. 21. Agreement for the Assessment of the Efficiency and Effectiveness of the Fire Department Motion authorizing the City Manager or designee to execute a consultant agreement with MGT of America, Inc. to provide an assessment of the efficiency and effectiveness of the City of Corpus Christi Fire Department for an amount not to exceed $97,950. Funding is available in the Fire Department Budget for fiscal year 2013/2014. This Motion was recommended by staff to regular agenda. Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 22 -27) 22. Port Corpus Christi Project 2020 Stragtegic Planning Process Mayor Martinez called for Item 22. Mr.Al Jones, Port of Corpus Christi commissioner,stated that the purpose of the presentation was to discuss the Port of Corpus Christi's Project 2020 Strategic Planning Process. He discussed the trends in tonnage by commodity, crude oil inbound v.outbound, the impacts of shifting cargo movements,and new developments in the area. Mr.John LaRue, executive director of the Port of Corpus Christi,stated that the strategic plan was needed to assess this period of fast-paced change and growth. He said the plan components were to determine the strengths, weaknesses,and opportunities analysis for the region;commodity forecasts; assessment of current assets;and identification of objectives to be completed in a 7-year horizon. He said the Planning Guide would help guide decisions regarding budgeting, leasing, land use and potential for highest and best use; and preservation of sites and corridors for future development. Mr. Rich Stroot, team leader and rail specialist for the project,discussed the strategic planning process. He said the three main concerns being voiced by the Port community were water supply reliability;electric power capacity, short and long term;and workforce availability. Chairman Mike Carrell asked for the Council's input on the project. Corpus Christi Page 9 Printed on 9/19/2013 City Council Meeting Minutes September 17,2013 Councilmembers spoke regarding the following issues: status of the Channel Improvement Project; Rincon Channel artificial reef; offers to assist the Port with their concerns regarding water supply and workforce,or other concerns; desalinization efforts;city efforts to increase housing through infill program; available land and docks for long-term growth;additional rail capacity; how Harbor Bridge height will affect the Port. 23. Joint Land Use Study Mayor Martinez referred to Item 23,Joint Land Use Study(JLUS). Bob Payne with the Planning Department stated that the purpose of the presentation was to encourage land use compatibility for public safety surrounding NAS-CC, Waldron Field, Cabaniss Field,and Corpus Christi International Airport. Additionally, he said the JLUS would help with military mission sustainability. He said the JLUS was a grant funded study involving many partners, including property owners,city council members,Texas A&M Corpus Christi,TxDOT, and the Port of Corpus Christi. He reviewed the JLUS background report, which explained the technical issues and provided a comprehensive reference. He said 24 compatibility factors were assessed in the report, and staff was requesting that the Council accept the background report. He reviewed the joint land use study, including highlights and recommendations. He also discussed the public involvement process. Capt. David Edgecomb of NAS-CC thanked the Council and the community for their support of the military. Councilmembers spoke positively regarding the public involvement process for the project. Mr. Payne stated that the public hearing and first reading ordinance for the JLUS were scheduled for next week's Council meeting. 24. Street Preventive Maintenance Program Mayor Martinez referred to Item 24. City Engineer Dan Biles stated that the purpose of the presentation was to discuss the street preventive maintenance program. He discussed the street selection criteria for the project;the street network;and the workplan action items. He said the goal was to catch streets in need of maintenance before they fall into the category with those that need reconstruction. He said the work needed to be completed every seven years. He said engineers should have their maintenance plan of action completed in November; they will coordinate the plan with utilities. If the City awards contracts in December, he said that the overlay work could begin in January 2014. Most the work would be done in-house. City Manager Olson emphasized that the January start was not a guarantee. Councilmembers spoke regarding the following issues: how a PCI index for a street is determined;condition of Nesbit Street; discussion about scheduling a presentation on residential streets in the spring once progress on the street preventive maintenance program was assessed. 25. Street Component Discussion Mayor Martinez referred to Item 25. City Engineer Dan Biles stated that the purpose of the presentation was to discuss the components of a street. He reviewed the various street elements, and showed photos of rolled curb and gutters on selected streets. Councilmembers spoke regarding the following issues: creating a utility bill insert to encourage residents to clean gutters;any city policies that could prevent heavy trucks from going down residential Corpus Christi Page 10 Printed on 9/19/2013 City Council Meeting Minutes September 17,2013 roads; retention pond on Paul Jones/Holly Road. 26. Parks and Recreation Advisory Committee Annual Update Mayor Martinez referred to Item 26. Director of Parks and Recreation Michael Morris introduced Dr. Rick Barrera with the Parks and Recreation Advisory Committee to provide their annual update. Dr. Barrera reported on the committee's efforts to get the word out regarding parks and recreation programs. He said parks and recreation volunteers put in about 100,000 hours last year. Councilmembers thanked the committee for their efforts. City Engineer Dan Biles provided a brief update on Packery Channel 6-pack project. He said none of the projects had been canceled. He said Phases 1 and 2 were completed. He said three meetings would be held in October to discuss the continued funding of the projects. 27. Wastewater Trust Fund Mayor Martinez referred to Item 27. Interim Assistant City Manager Mark Van Vleck said that the purpose of the presentation was to discuss the solvency of the wastewater trunk line system trust fund. He discussed the purpose of the fund,the causes of the insolvency,and the current costs and revenues. He said the trunk balance had a positive balance of$152,000. He provided staffs recommendations to improve the system, including: only increasing fees to prevent inflation; UDC text amendment to change the priority of the reimbursement; and to exempt the are south of Oso Creek. He said he vetted the proposed changes with larger developers. Councilmembers discussed platting requirements;ways to fund projects without using trust fund dollars. R. ADJOURNMENT Mayor Martinez adjourned the meeting at approximately 4:30 p.m. Corpus Christi Page 11 Printed on 9/19/2013 a. LEADERSHIP COMMITTEE FOR SENIOR SERVICES — Two (2) vacancies with terms to 2-01-14 representing the category of Community Representative. DUTIES: To assist the Senior Community Services division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION: Fifteen (15) members representing the following categories: 2 - Senior center participants, 3 - Direct service agencies, and 10- Community representatives. Initially, eight (8) members shall be appointed for a term of one-year and seven (7) members shall be appointed to two-year terms. ORIGINAL MEMBERS TERM APPTD. DATE ***Vicki N. Garza (Community) 2-01-14 8-26-08 Adelfa M. Martinez (Community) 2-01-14 2-24-09 Esperanza"Hope" Lopez (Senior Ctr.) 2-01-14 2-23-10 Ida Alvarado Hobbs (Agency) 2-01-14 7-06-10 Billy Ray Sayles (Agency) 2-01-15 7-06-10 Henry Edward Savoy (Community) 2-01-15 2-08-11 Willie R. Hardeman, Sr. (Community) 2-01-15 7-26-11 Breanna Rye (Agency) 2-01-15 2-14-12 Cindi Mutchler(Community) 2-01-14 2-14-12 Kenneth Mutchler (Community) 2-01-14 2-14-12 Lewis Hardeman (Senior Ctr.) 2-01-15 3-19-13 Maria Elena Flores (Community) 2-01-15 3-19-13 ***Jose Mario Gomez, PhD (Community) 2-01-14 3-19-13 Robert Irwin (Community) 2-01-15 3-19-13 Suzanne Beltz, PhD, RN (Community) 2-01-15 3-19-13 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation (The Leadership Committee for Senior Services is recommending the new appointments of Araceli Cabral(Community Rep) and Val Salinas (Community Rep.)) INDIVIDUALS EXPRESSING INTEREST: 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. (Community rep) (7117113) 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) (Community rep.) (7118113) Angela Munselle-Woods 12902 McBurnett, 78410 Self-employed/Home repair company. Former Realtor/business owner. Attended Real Estate Institute. Licensed Texas Realtor. She is very interested in getting involved in helping the City, especially assisting Senior Citizens. (Community rep.) (1110113) Merced Pena 301 E. Wildwood, 78410 Semi-retired. Consultant work with Vamos Productions as Media/Advertising Consultant. Former employment and volunteer activities include: substance abuse counselor training from Del Mar College, Texas Youth Commission volunteer, Alternative Therapies training from CB Council on Alcohol & Drug Abuse, Nueces County Substance Abuse Treatment Facility volunteer, New Beginnings volunteer, substance abuse education and counseling at Nueces County Juvenile Justice Center, counselor with Corpus Christi Drug Abuse Council, and Coastal Bend Intergroup Association. (Resigned from the RSVP Program Advisory Committee) (Community rep) (12118112) Val Salinas 5410 Hitching Post, 78415 Retired. Former High School Automotive Tech. Instructor. Former Automotive and Truck Repair Service Business Owner. (Community rep.) (3121113) b. 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. ORIGINAL MEMBERS TERM APPTD. DATE Mary Jane Garza 11-05-13 12-08-09 Lawrence Jordan 11-05-13 2-10-09 ***Catherine MacLachlan 11-05-13 8-23-11 Dr. Stuart Elovitz 11-05-14 2-10-09 Paul Altheide 11-05-13 11-08-11 John B. Keys 11-05-13 12-8-09 Evelyn Sue Donahoe 11-05-14 12-11-12 Roberta Sewell, La Retama Club 11-05-14 7-17-12 Natalie Rogen, Friends of C.C. Libraries 11-05-14 2-10-09 Sue Stanford 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: Rachel Elizabeth Buck 334 Glenmore, 78412 Consultant/Owner, Analytix Group, LLC. Received a BBA in Economics from Texas A&M University-Corpus Christi and an MA in Economics from University of Texas-San Antonio. Current business owner as consultant in business, economics and statistics. Activities include: Corpus Christi Symphony Guild, and Corpus Christi Live board member. (9110113) 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) 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. (9117113) C. NUECES COUNTY TAX APPRAISAL DISTRICT - Two (2) vacancies with terms to 12-31-15. DUTIES: The district is responsible for making general policy regarding the operation of the Nueces County Tax Appraisal District i.e., reappraisal programs, analysis of procedures, etc. They are also responsible for appointing the Appraisal Review Board. COMPOSITION: Seven (7) members, each shall serve a two-year term and shall have one vote. Each member of the board shall be selected or elected to fill one place on the board, which places shall be numbered one through seven. The term of each member shall begin on January 1 of each even-numbered year. A member must be a resident of the district, reside in the district for at least two (2) years immediately preceding the date the individual takes office, and not owe delinquent property taxes to the taxing entity. A person may not be appointed or continue to serve if related within second degree of consanguinity to an appraiser who appraises property for use in the appraisal review board proceedings or represents property owners for compensation before the appraisal district's appraisal review board. The following entities will designate board members for the places as listed: PLACE NUMBER JURISDICTION VOTING ON THIS PLACE 1 and 2 Corpus Christi ISD 3 and 4 City of Corpus Christi 5 Nueces County 6 Urban-Port Aransas to be decided by the following ISDs: Calallen, Flour Bluff, Port Aransas, City of Port Aransas, Tuloso-Midway ISD, and West Oso 7 Rural-Agribusiness to be decided by these: Agua Dulce ISD, City of Agua Dulce, Banquete ISD, Bishop ISD, City of Bishop, Driscoll ISD, City of Driscoll, London ISD, Robstown ISD, City of Robstown, and Santa Cruz ISD. The City of Corpus Christi shall submit names for Places 3 and 4 to Nueces County Clerk before October 15, and each odd-numbered year thereafter. MEMBERS TERM Place 1: Ed Lopez 12-31-13 Place 2: Paul Altheide 12-31-13 *Place 3: Robert Adler 12-31-13 *Place 4: Gerardo "Jerry" Garcia 12-31-13 Place 5: David Berlanga, Vice Chair 12-31-13 Place 6: Richard C. Pittman, Chair 12-31-13 Place 7: Luis A. Elizondo (5-9-12) 12-31-13 Kevin Kieschnick, Ex-Offico Member Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. %OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Robert Adler 12 11 92% Gerardo "Jerry" Garcia 12 12 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Carl E. Crull 8025 Villefranche, 78414 Vice-President, HDR Engineering, Inc. Received a B.S. in Civil Engineering and an MBA. Former Assistant City Manager/Employee for City of Corpus Christi. Activities include: American Society of Civil Engineers (ASCE), Texas Society of Professional Engineers (TSPE), American Council of Engineering Companies (ACEC), Rotary Club, So. Texas Botanical Gardens board member. (6119113) 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) Denise Gallimore 3202 Laguna Shores Rd, 78418 Property Manager and Sales Agent, Group One Real Estate. Activities include: Corpus Christi Assn. of Realtors, and National Assn. of Residential Property Managers. (7123113) Paul Grivich 480 Claremore St, 78412 President, Grivich Mineral & Mining Corporation. Received a BS in Political Science from Sam Houston State University. Activities include: Oil and Gas Advisory Committee; Nueces County Civil Service Commission; and former members of the Nueces County Tax Appraisal District, Hispanic Chamber of Commerce and Zoning Commission. (Willing to resign from the Oil and Gas Advisory Committee) (7126113) Rose Mary Knippa 422 Longview East, 78408 Owner, Valdez Fleet Sales. Attended Business College at Durhams and Business Management courses at Del Mar College. Activities include: served as Chairman on Appraisal Review Board and current member of the Coastal Bend Chapter of Texas Association of Assessing Officers. (8/21/13) Brian Solarek 14018 Hawksnest Bay Dr, 78418 Global Services & Support Logistics Leader, The Boeing Co. Received a Masters degree in Organizational Dynamics and Bachelors in Management/Marketing from Kutztown University. Very willing and interested to serve on a City Board. (07122113) Theunis "Tim" Voorkamp 7614 Loire Blvd, 78414 Broker/Managing Partner/Owner, Corpus Christi Excel Properties Inc./Nueces Tax Relief/TAVCO Construction. Retired Merchant Marine Captain, graduate of the U.S. Merchant Marine Academy. Licensed Real Estate Broker, Licensed Property Tax Consultant, and Registered Arbitrator with State of Texas. Activities include: Texas Assn. of Property Tax Professionals, National Association of Realtors, and Texas Real Estate Commission. (7130113) d. SISTER CITY COMMITTEE—Five (5)vacancies with terms to 9-01-16. DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of fifteen (15) members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three-year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The officers of the committee shall consist of a General Chairman, V-Chairman for each of the Sister City subcommittees established in accordance with Sec. 2-152. The Chairman and each vice- chairman shall be elected by majority vote of the sister city committee annually. If the General Chairman is absent, a vice-chairman shall be elected from the committee to serve as General Chairman during his/her absence. ORIGINAL MEMBERS TERM APPTD. DATE *****Tim Dowling 9-13 7-10-07 *Donald Russell 9-13 10-13-09 Alan Thornburg 9-15 10-13-09 Christine Kallas, V-Chair 9-15 5-11-10 Dr. Judith Prewitt 9-14 1-11-11 *Heather Moretzsohn, General Chair 9-13 1-11-11 ***John R. Seaman 9-13 1-11-11 Susane"Westi" Horn 9-14 11-15-11 Kelly Kimball 9-14 11-15-11 Hailey Jordan Kimball 9-15 6-12-12 John Richard Sloan 9-15 1-22-13 *Wan Sun Kim 9-13 1-22-13 Yvonne Fernandez 9-15 1-22-13 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 Donald Russell 10 8 80% Heather Moretzsohn 10 10 100% Wan Sun Kim 7 6 86% OTHER INDIVIDUALS EXPRESSING INTEREST: 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) 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) Michelle Patton, P.E. 3535 Santa Fe, 78411 Infrastructure Group Manager/Professional Engineer, Maverick Engineering. Received an MBA from University of Texas at Austin, and a BS in Civil Engineering at Texas A&M University in College Station. Texas Licensed Professional Engineer. Activities include: local chapters of American Society of Civil Engineers and Texas Society of Professional Engineers, National Association of Women in Construction (NAWIC), Trees for Corpus Christi, and local chapter of Nueces County A&M Club. (9116113) Brian Solarek 14018 Hawksnest Bay Dr, 78418 Global Services & Support Logistics Leader, The Boeing Co. Received a Masters degree in Organizational Dynamics and Bachelors in Management/Marketing from Kutztown University. Very willing and interested to serve on a City Board. (07122113) 4 AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting of September 24, 2013 ^ p Second Reading for the City Council Meeting of October 8, 2013 DATE: August 22, 2013 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Planning and Environmental Services PeteAn @cctexas.com (361) 826-3781 Public hearing to accept the Corpus Christi Joint Land Use Study Background Report and adoption of the Corpus Christi Joint Land Use Study (JLUS) as an element of the Comprehensive Plan CAPTION: Ordinance accepting the NAS Corpus Christi Joint Land Use Background Report and amending the Comprehensive Plan of the City of Corpus Christi by adopting the NAS Corpus Christi Joint Land Use Study; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. PURPOSE: To create compatible land use surrounding NAS CC airports (including Waldron and Cabaniss Fields) and CC International Airport for public safety and military sustainability. BACKGROUND AND FINDINGS: In 2007, the Office of Economic Adjustment (OEA) of the Department of Defense nominated Corpus Christi to receive a Joint Land Use Study Grant. The OEA indicated that the Navy was in the process of preparing a study of flight zones based on a new T-6 Trainer which would gradually replace the existing T-34 Trainer. The Navy presented the flight zone study to City Council in May 2011. The title of the flight zone study was the 2009 Air Installation Compatible Use Zone Study for Naval Air Station Corpus Christi, Texas. Shortly thereafter the City applied for and received an OEA JLUS Grant for $237,500. The total value of project was estimated to be $264,862 with a City in-kind match of 12%. A JLUS Policy Committee was approved by City Council containing seven members for the purpose of providing project oversight, assisting with consultant selection, and to satisfy the grant requirement to "accept"the final product of the Corpus Christi Joint Land Use Study. The Policy Committee consisted of: the Mayor, a City Councilperson, NAS CC Base Commander, the Nueces County Judge, a Vice President of Texas A&M CC, and two Planning Commissioners. Concurrent with establishment of the JLUS Policy Committee, the City Manager appointed a Technical Working Group (TAG) for the purpose of assisting with consultant selection and August 22, 2013 Pagel reviewing and commenting on consultant work products prior to forwarding the information to the JLUS Policy Committee. The Technical Advisory Group consisted of representatives from over 15 different city departments, local public or semi-public or private agencies. Some of these included: Legal Department TxDOT Aviation Department Corpus Christi Chamber of Commerce Department of Intergovernmental Affairs Builders Association Corpus Christi Area Development Services Department Corpus Christi Regional Economic Planning and Environmental Services Development Corporation Nueces County Appraisal District Texas A&M University Corpus Christi Nueces County Port of Corpus Christi San Patricio County Corpus Christi Board of Realtors In October 2011, the City Council approved a contract to hire Matrix Design Group with a local consultant liaison of 3DD Results. Major recommendations contained in the NAS Corpus Christi Joint Land Use Study include: • Inside City limits the creation of Military Compatibility Area (MCA) Overlays that address four subzones: • Safety — appropriate uses under flight zones; • Height — height of new structures to prevent obstructions hazards to aircraft; • light and glare — ground lighting must not create a hazard to aircraft or control towers; and • noise — mitigation of aircraft noise inside of new buildings. • Outside City limits the JLUS recommends reestablishment of the Joint Airport Zoning Board or establishment of an Airport Zoning Commission. • Acquisition by the Navy of City owned Clear Zone land is recommended. • Amend Future Land Use Plans for compatibility near airports • Rezone property near the four airports as necessary to achieve greater compatibility. • Work with local school districts to develop school master plans that address compatibility under flight zones. • Develop a plan for annexation of lands near Cabaniss Field to achieve compatibility. • Develop a plan to identify preferable locations for siting of alternative energy development. • Develop a Memorandum of Agreement between NAS Corpus Christi and TAMUCC to formerly coordinate development. • Develop a web based electronic military compatibility tool. • Pursue grant funding through the Navy's REPI program for conserving environmentally sensitive areas near the airports. • Pursue grant funding through the Navy's REPI program for the sale of city owned clear zone land to the Navy. • Enhance notification prior to executing land sales/lease agreements. • Process for including NASCC review/comment on development applications within MCAs. • NASCC development of a mid-air collision avoidance pamphlet. • Educational information on how electronic devices can interfere with airport operations. August 22, 2013 Page 2 • Training for area agencies concerning the National Telecommunication and Information Administration Spectrum XX1 training. • Development of a frequency spectrum ordinance. • Update the city noise ordinance. • Educational program on building construction techniques to reduce interior noised from over flights. • Pursue amendments to Chapter 241 of the Local Government Code to address potential threats to air operations from alternative energy developments. • Amend the Unified Development Code to including measures to prevent light and glare within MCAs. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Corpus Christi Policy Statements, Economic Development, Military Installations, D. City polices concerning areas adjacent to military airports should be consistent with Air Installation Compatible Use Zones (AICUZ). EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Joint Land Use Policy Committee acceptance on May 9, 2013 Planning Commission recommended acceptance of the NAS CC JLUS Background Report and adoption of the NAS CC JLUS on July 31, 2013 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2011- Expenditures 2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: NA August 22, 2013 Page 3 RECOMMENDATION: Acceptance of the NAS CC JLUS Background Report and adoption of the NAS CC JLUS LIST OF SUPPORTING DOCUMENTS: Planning Commission Minutes PowerPoint Executive Summary Ordinance with: Exhibit A JLUS Background Report; and B JLUS August 22, 2013 Page 4 July 31, 2013 Planning Commission Minutes IV. 12. PRESENTATION, PUBLIC HEARING AND POSSIBLE ACTION TO ACCEPT THE JOINT LAND USE STUDY BACKGROUND REPORT AND TO RECOMMEND CITY COUNCIL ADOPTION OF THE JOINT LAND USE STUDY AS AN ELEMENT OF THE CITY'S COMPREHENSIVE PLAN Mr. Payne stated Staff has previously presented several presentations on the Joint Land Use Study and several commissioners were involved as members of the sub-committee. Mr. Payne referenced the two booklets that were placed at the commissioners' seating. Mr. Payne explained that one book was The Joint Land Use Study Background Report and the second booklet was the Joint Land Use Study. Mr. Payne stated the purpose of the Joint Land Use Study was to provide local governments with guidance on creating compatible land uses near and around the four airfield facilities within the city — Naval Air Station, Waldron Field, Cabaniss Field and the Corpus Christi International Airport. Mr. Payne continued that ensuring compatible land uses surrounding military facilities is a major goal of the Department of Defense and the City of Corpus Christi is one of approximately 50 Joint Land Use Studies that have been conducted. Mr. Payne concluded his presentation by stating that all recommended changes have been incorporated in both documents and Staff recommends City Council acceptance of both the JLUS Background Report and the Joint Land Use Study as an element of the City's Comprehensive Plan. After Staffs presentation, the floor was opened for discussion and comments by commissioners. A question was asked of what was the Planning Commission's role in tonight's action and Mr. Payne stated that the commission would review rules pertaining to properties inside the city limits and rules and issues pertaining to properties outside the city limits would be regulated by the Airport Joint Board. After a brief discussion, the public hearing was opened. Captain David Edgecomb re-addressed the commission. Captain Edgecomb stated that the JLUS has been a process that involved both county and city officials. Captain Edgecomb reiterated that the point of the JLUS was a way for the military and the City to protect the public, and at the same time, help complete the mission. Captain Edgecomb stated the JLUS has been a good process and an excellent way to move forward toward the ultimate goal of completing the mission. Jennie Cross, Chamber of Commerce, 1501 North Chaparral, addressed the commission. Ms. Cross stated the JLUS has been a great collaboration and she hoped the Planning Commission will support it. After all comments and discussion concluded, the public hearing was closed. Chairman Nadkarni called for a motion. Motion to approve accepting the Joint Land Use Study Background Report and recommend City Council adoption of the Joint Land Use Study as an element of the City's Comprehensive Plan was made by Commissioner Hamilton and seconded by Commissioner Guerra. 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I/ al Sri f � j� J d%% w ��i �/,�:.:, ✓/"'Jr r:"�R �Rw J✓ .'. �1�J rW.,,. � � �'�z �iO q�� /,�� .�� �%/�i/,� ^rM ,+'.?uvA AV /.. � . / / i� l � i�,r// • err'//%r��%f���� %' 1Jo ,I • r f i • �%/ �f ��, %use ff��� I�V��u f U • %i % , ro/err r 1 ' • • • #; • � ' �, � /�����((��(�l���t�ll�l(J�;f�//�y a�',i'^�a i � ";i��� �i i i a i i � iii �,�i�r, � �iI��M�lil �,, ii��,' � Na r I � ///// � , � �, l n a^� � �-� � � �iir f /�j l /% -� 'j 1 i j �� r � �� �. �°" r ,� � �i r � / /% �, f % r f���iir , -,,,, ��l�f���� , , i ����y„ ° �F �1�«��d� �� 'u�i� � � i �" �i� I �„� j f�,iu� ,Yi�j /if �1��� ��� � �/ �`� iwc' a j �ui� d� � � VIA ���u- u �w� • ��ii�i�i uuuuu��� �p���ull��V�V�Vidmll��i�filVdll tduduuu�iudioulhuump iii/ �'g�ew rma��J �'�� 'i� �I puu a m�i�i �V��up u � �ji�rruir�a� „ �!'� ,� %err�'i �, �o/rrG����r� Vll i r i//��%��” �� B� ��;� i f F % I� iii 0 l 1 i O Ordinance accepting the NAS Corpus Christi Joint Land Use Study Background Report and amending the Comprehensive Plan of the City of Corpus Christi by a d o p t i n g the NAS Corpus Christi Joint Land Use Study ; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. WHEREAS, with proper notice to the public, the Joint Land Use Policy Committee on May 9, 2013, accepted the Corpus Christi Joint Land Use Study Background Report and recommended the Corpus Christi Joint Land Use Study be forwarded to the City Planning Commission for public hearing and recommendation to City Council for adoption as an element of the City's Comprehensive Plan; WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation concerning the NAS Corpus Christi Background Report and NAS Corpus Christi Joint Land Use Study, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 31, 2013, during a meeting of the Planning Commission and on Tuesday, September 24, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience, and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The NAS Corpus Christi Joint Land Use Study Background Report is accepted by City Council as shown as Exhibit "A", attached to and incorporated by reference into this ordinance. SECTION 2. The NAS Corpus Christi Joint Land Use Study is adopted as an element of the Comprehensive Plan of the City of Corpus Christi Texas Comprehensive Plan as shown as Exhibit "B", attached to and incorporated by reference into this ordinance. SECTION 3. To the extent that the amendment made by this ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendment made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time, except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if 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, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the official publication of the C ity of Corpus Christi as required by the City Charter of the City of Corpus Christi That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 'j�it; ;j i ,Y o � ��� �!� / ,�'/� �� u�u r,�IS��i k�� � � � i�iii ,,,,,; , > > ,�// �� .. /i� iiiiiiil//// ,,,///��/%/iia////%....... � r �. I�.ww, /��iii i��//�jiiiii///�� 1 ��i% iii; ,,,,; ���� �� /,, i 1���,,, ��,;� ;%/ ,�j; ff�f� , , ' � �/////r ,,,a �. ,� ����, ,; ���j, i��� �� f�If ;,,, ���f , , ,;,,,,; � �� :,,. �i���i_ ui i � � r �r�rr»r� ���� � � . • � � � . • . . � '• �� / iii� �i %i,,. The Naval Air Station Corpus Christi (NASCC) Joint Land Use Study (JLUS) '°�� was conducted as a collaborative planning effort led by the City of Corpus Christi, and in partnership with Nueces County and NASCC. The intent of this planning effort is to establish and foster an on-going working . relationship among NASCC and its neighboring communities. The JLUS was undertaken in � an effort to develop a set of recommendations that would prevent or mitigate encroachment in the areas i surrounding the four airfields that � NASCC uses for their military training missions. The four airfields are geographically separated and include: IIII IIII IIIIIIII IIIIIII� °°°1111°°°IIII IIIIIIIIIIIII f�� IIII IIII����I IIII����I IIII IIII����I • NASCC Truax Field r �� ��%��������1��))) • NASCC Cabaniss Field � �� r ��p� / /DG/ ,,� The JLUS planning process was designed • NASCC Waldron Field , �jj�j%� to create a locally • Corpus Christi International fr relevant plan that builds Airport (CCIA) consensus and obtains r , support from the various The term encroachment refers stakeholders involved. to incompatible uses of land, air, The general public was water, and other resources that may r»� ���� ' instrumental in the individually or cumulatively impact , -- � � development of this the military's ability to carry out its JLUS by providing their training mission. perspective and feedback, both in the JLUS public forums, public hearings, and The JLUS recommendations help through the use of the interactive project website (www.ccjlus.com). protect the installation's military The project had two committees comprised of stakeholder representatives that mission, and the public health, provided guidance and direction into the development of the study. Specifically, safety, quality of life, and community the Policy Committee provided project oversight, guidance, and decision-making, economic stability. and the Technical Advisory Group assisted in the identification and assessment of compatible use issues, the development of recommendations, and the overall report development. 2 1��l IR. The heart of the NASCC JLUS is the set of over 50 recommended o strategies that address compatibility issues. Because the NASCC II III III III "111 11 014 JLUS is the result of a collaborative planning process, the recommendations represent a true consensus plan; a realistic The city, with assistance from NASCC, should establish and coordinated approach to compatibility planning developed • with the support of stakeholders involved throughout the process. partnerships with existing conservation organizations, such as members of the Texas Conservation Alliance One of the recommended strategies is the establishment for recovery, enhancement, and/or mitigation credits of a JLUS Coordinating Committee. This committee would that apply to wetlands and other natural areas. be responsible for oversight of, and monitoring of, the • Develop and distribute Bird Aircraft Strike Hazard implementation and execution of the JLUS recommendations. (BASH) educational materials. Through this committee, local jurisdictions, NASCC, and their . Develop a process to include an ex-officio partners will be able to continue and strengthen their working relationship and partnership. representative of NASCC to participate on the city's Planning Commission. Key recommended strategies include: • Provide notification prior to executing land sale/lease agreements, such as real estate disclosure statements, to � f be included in all future land transactions within the MCA. P-III, Am UII IIC E • NASCC should develop a Midair Collision Avoidance Pamphlet. The pamphlet, electronic media, and / or • Develop a Dark Sky Zoning Ordinance to address night website should address potential frequency interference training mission requirements. from wind turbines and include instructions on Visual • Update the Corpus Christi Comprehensive Plan Future Flight Rules squawking and how to make an aircraft Land Use Element and develop a Military Sustainability visible to air traffic control and other air traffic. Element to address land use compatibility near military and civilian airports. ` AcQuisi f"'III III III • Collaborate with each of the five school districts that are proximate to military or civilian airports to modify • Develop a plan for annexation of lands south of and develop School District Master Plans that address Cabaniss Field to assure compatibility. compatible development under flight patterns. • Pursue grant funding through the Navy's REPI Program • Modify the Corpus Christi Future Land Use Plan / Map for the purpose of conserving environmentally sensitive consistent with JLUS recommendations. areas near the installation and outlying fields. • Develop a plan to identify preferable locations for the siting of alternative energy development. MEMORANDUMS OFAGI I "III° �t: • Develop an interactive web based electronic military Develop an MOA between NASCC and TAMUCC to compatibility tool to proactively assess if issues exist formally coordinate NASCC as part of the future or may occur in the future. development review process in order to identify if proposed development on campus may pose IIIIIIIII "' IIII IIr'll missponibility concerns that could impact the military n� • Develop an MOA between NASCC, CCIA, Nueces County • Establish a Land Use Military Compatibility Area (MCA) and San Patricio County to encourage and /or require Overlay District within the Corpus Christi Unified developers to consult with NASCC and CCIA during Development Code. the early stages of planning for future wind turbine • Update and amend the Corpus Christi Unified development. Development Code to add Commercial Compatible and The City of Corpus Christi, in collaboration with Industrial Compatible Districts. Nueces County and NASCC, should seek review of • Consider rezoning undeveloped lands around Cabaniss all renewable energy permit applications that may Field with compatible uses per 2009 AICUZ guidelines. affect air operations via the DOD Clearinghouse • Review applications for FAA Part 77 compliance when Review and the FAA Obstruction Evaluation process to permitting for tall structures such as cell towers and ensure compatibility with military and civilian airport wind turbines. operations. • NASCC will encourage local wind farm developers to enter into an MOA to outline efforts and actions to minimize interference with military operations. 3 . . 1111111 mall ii mmimm�li MO / f` UECES BAY // ' III,No it / UU8&dq �8U °p"a�„� ffff or /p„ •, •f% � UO�iJU.,, Urryo- �r���iy � N'�xgF�awr .;,.Ilr-, Corpus C„hr►st►��I�� Uo-„�N7 rk ��U .�., li � � U � Interna#►onaliA�r ort �� �y; �b � `' ` / II// u19Ji 1°N404 / / u .. s �h ri . II r, II / i III o / / / I / NALF Caban►ss � l ',�,r,' / / a / I / III / I / / , / / I I / / / t / / Y r / f / / / i / / I / / / / r / r I r r � r I / / / / / / / iii ...... / / Legend � � � �� ��� r%%✓ �'�'�, MCA Overla y Unincorporated Area / / of Existing Light Subzone Runway 9 9 IllllIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlIlI l llli Safety Subzone Future R unway Vertical Obstruction Subzone Highway I //a I C7 / Noise Subzone °'” ,��"" Major Road 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIJII / / O / City Boundary Minor Road a / / i I / / r / I I / i 4 II I...�........IIII 1111 A II°I Y CO M IF " ...........IIII 1111 1111' I1111111111 The term Military Compatibility Area (MCA) is used to formally SAIIFETY SUBMIMES would serve as areas where designate a geographic area where military operations may land use types and densities / intensities within the impact local communities, and conversely, where local activities Clear Zone and Accident Potential Zones 1 and 2 could may affect the military's ability to carry out its mission. An MCA be regulated to prevent incompatible development. was proposed for each of the airfields associated with NASCC training mission. These airfields include: 1MIII5IF: SUBMIMES includes all lands located • NASCC Truax Field off-installation that fall within the noise contours greater than 65 dB DNL noise levels associated with military and • NASCC Waldron Field civilian aircraft activities. Residential developments and • NASCC Cabaniss Field other noise sensitive land uses within this MCA subzone • Corpus Christi International Airport (CCIA) may be subject to sound attenuation measures to reduce interior noise impacts and to achieve a maximum The MCAs for the four airfields consist of the following four interior noise level of 45 DNL. In addition, residential distinct geographic subzones: densities are proposed to be regulated within this area. VEIR TlCA1 l,,,, I S TIIRUCT101M SUBMIMES The JLUS recommends that the height of all structures and buildings within the area be regulated as defined by FAA guidance and Navy AICUZ instructions known as imaginary surfaces. The Vertical Obstruction Subzone is intended to denote the importance of following the FAA imaginary surfaces with regard to structure height and is not intended to reduce or change FAA guidance with regard to maximum height of structures. NAS Corpus Christi 11,,,III G II°°1 T SUB' III IIF:B address areas that may generate »�IU�NY�uuu,o� ambient light and the direction of light that have the potential to affect night training missions. The Light CA l�L �P���a�lr�� Subzones are comprised of a one mile buffer around C7 D .; the perimeter of each military airfield and up to five C3 s C 7 � ,'°��Uydrrrr111 6 °��i miles around the perimeter of CCIA. This MCA, with associated subzones, is recommended to be the proposed MCA Zoning Overlay District. The MCA � . Zoning Overlay District is proposed to be implemented through the City of Corpus Christi Unified Development of Code and the proposed Joint Airport Zoning Board Zoning Ordinance. Several of the recommended JLUS y, strategies are associated with the areas bounded by the MCA and / or the MCA subzones. NALF Waldron 5 MO NUECES BAY kill //G////// „I Agrtea St �1 opus° hrisfi���' �,.,` <, ,,,,, �g�� �nternat►onali%4►rport � /, a mil'� „� / / o West Faint Rd Je vv ., o us Chri . .,. / r i � 3 / , / ,,NALF Caban►ss / i r 357 O / / r / / r a r r 1, / / / r / / / e / sC o n / / / u t > / / r , I / / o / / / , / r r / / / / o r / / / / / / / / / / r i , / r r / / / r EMOMEW/01 I / / / Legend i JAZB Boundary City Boundary / Y Y Y ED D / JAZB Light Subzone Unincorporated Area r� t u / r i I r r JAZB Safety Subzone Highway Y / / / r� JAZB Vertical Subzone ,""' ,""" Major Road / 1 r JAZB Noise Subzone Minor Road r / III �l % r _ / 1 6 Ingleside , IIII IIII �AAI 1 1111 IIII�� IIII���' IIII�� "I II r ' ��� IIS,�A'AI IIII IIIISJI IIII IIII�� IIII �������m IIIIsi�l' I IIII I...�.......IIII..........IIII����������IIII������ Co IIII IIII 'IIII IIIII��� IIII����������IIII��''A1111 Section 241.014 of the Texas State Local Government Code allows jurisdictions "to whose benefit an airport is used in the interest of the public or in which an airport owned or operated by a defense agency of the federal government or state is located" to create a "joint airport zoning board" (JAZB). As an entity, the board has the power to adopt, administer, and CORPUS CHRISTI BAY enforce compatible land use regulations within a statutorily defined area. As per statute, the area of authority can extend no farther than a rectangle bounded by lines located no farther than 1.5 statute miles from the centerline of an instrument or primary runway and lines located no farther than five statute miles from each end of the paved surface of an instrument or primary runway. The recommended subzones within the JAZB Controlled Compatible Area are the areas corresponding to the safety zones, noise contours, NAS Us Cor Christi vertical obstruction hazards areas, and light p protection areas, referred to as the MCA subzones for the areas within city limits, that extend into Nueces and San Patricio counties within the C A YC1 jurisdictional area of the JAZB. D EL so Per Texas Local Government Code Chapter 241, the II City of Corpus Christi and Nueces and San Patricio counties could reconstitute the JAZB to regulate through zoning the type of land use, building requirements, and height restrictions within the 22j, Controlled Compatible Land Use Areas (Controlled Area) for CCIA, Waldron Field, and Cabaniss Field. The areas for which the JAZB would have regulatory .� QC authority per state statute are illustrated in the figure to the left. NALF Waldron �n^ LAGUNA 7 r (i rf Yr I " IIU r` Yr Several JLUS resources providing different levels of information are available to the II public, elected and appointed officials, and the military. These resources provide an overview of the JLUS process, detailed information on NASCC and the overall study area, an assessment of existing compatibility issues, and the recommended implementation plan. The resource documents include: aP .JOINT LAND USE STUDY(.JLUS) REPORT Is The JLUS Report presents an overview of the JLUS planning process, purpose and objectives of the study and the recommended implementation plan. The report presents 16 a concise description of the following: • JLUS project study area, including NASCC associated airfields used for their training mission; • Corpus Christi region, its demographic profile and market trends; IN IN • Compatibility Assessment of the factors and encroachment issues identified during the JLUS process; and N w • Set of recommended strategies to mitigate or prevent encroachment ml and proactively achieve land use compatibility. .JLUS BACKGROUND REPORT The NASCC JLUS Background Report provides the technical background and detailed compatibility assessment that was used to identify issues and develop JLUS recommendations. u .JLUS EXECUTIVE SUMMARY BROCHURE The JLUS Executive Summary Brochure serves as a quick reference describing the purpose of a JLUS and providing an overview of the key JLUS recommendations. 8 SC Gd7aprM M1ryp AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of September 24, 2013 Second Reading Ordinance for the City Council Meeting of October 8, 2013 DATE: September 11, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Changing Limitations on Restaurants In Neighborhood Commercial and Office Zoning Districts CAPTION: Ordinance amending the Unified Development Code for limitations on restaurants in the neighborhood commercial and office zoning districts by revising subsection 5.2.11 — Restaurant; and providing for severance, penalties, and publication. PURPOSE: The purpose of this item is to amend the Unified Development Code (UDC) by increasing the square footage limitation on restaurants in the Neighborhood Commercial and Office zoning districts. BACKGROUND AND FINDINGS: The current UDC and former Zoning Ordinance provided two different zoning districts with the Neighborhood Commercial category, which are the "CN-1" Neighborhood Commercial District and the "CN-2" Neighborhood Commercial District. In the former Zoning Ordinance, the "CN-2" Neighborhood Commercial District provided more restrictions on commercial uses than the "CN-1" Neighborhood Commercial District because the purpose of the "CN-2" District, when it was created in 2000, was to provide pedestrian-oriented commercial development that would be compatible next to single-family dwellings, particularly in areas transitioning from residential to commercial uses. For example, the "CN-1" district allowed restaurants while the "CN-2" District did not. When the UDC was adopted in 2011 as the City's new zoning code, however, it equalized the restrictions of the "CN-1" and "CN-2" Districts specifically pertaining to restaurants. The regulations of restaurants in the former Zoning Ordinance, current UDC, and the proposed amendments are summarized in the following table. The proposed amendments aim to add distinction between the two Neighborhood Commercial districts and will increase flexibility for businesses (restaurants) while continuing to protect neighborhoods. Former Current UDC Proposed Zoning Ordinance Amendments Restaurants Permitted Restaurants Permitted Restaurants Permitted CN-1 Yes, unlimited size Yes, limited to 2,500 SF Yes, limited to 5,000 SF District CN-2 No Yes, limited to 2,500 SF Yes, limited to 3,000 SF District ON No Yes, limited to 2,500 SF Yes, limited to 3,000 SF District within an office building within an office building The proposed amendments to the UDC would continue to allow restaurants in both the "CN-1" and "CN-2" Districts with the restrictions summarized in the table above. The amendments would increase the limitation on restaurant floor area from 2,500 to 5,000 square feet in the "CN-1" District and from 2,500 to 3,000 square feet in the "CN-2" and "ON" Districts. ALTERNATIVES: Denial or alteration of the proposed amendments to the UDC. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendments conform to the policies of the City's Comprehensive Plan. DEPARTMENTALCLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (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 recommend approval of the proposed amendments to the UDC. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code for limitations on restaurants in the neighborhood commercial and office zoning districts by revising subsection 5.2.11 - Restaurant; 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; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 11 , 2013, during a meeting of the Planning Commission, and on Tuesday, September 24, 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 5, Section 5.2.11 entitled "Restaurant," of the UDC, is amended by revising the text to read as follows: "5.2.11 Restaurant A Restaurant Use shall be permitted in accordance with the use tables in Article 4 subject to the following standards: A. Eating establishments permitted in the "CN-1" Neighborhood Commercial dDistrict shall not exceed 2590-5,000 square feet in gross floor area. B. Eating establishments permitted in the "CN-2" Neighborhood Commercial District shall not exceed 3,000 square feet in gross floor area. -13C. For eating establishments permitted in the NeighbeFh Office zoning district: 1. The gross floor area shall not exceed 2590-3,000 square feet; 2. The eating establishment shall clearly be a secondary, support use for the regular operation of the office; and 3. The eating establishment may not be located in a building where no other uses exist. "5.2.12* * 11 SECTION 3. 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 4. 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 5. Publication shall be made in the City's official publication as required by the City's Charter. Ordinance—UDC Amdmts_Restaurants in CN&ON_09112013 FINAL Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Ordinance—UDC Amdmts_Restaurants in CN&ON_09112013 FINAL Page 3 of 3 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of September 24, 2013 Second Reading Ordinance for the City Council Meeting of October 8, 2013 DATE: September 3, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Single-Family to Multifamily For Hammond Jones Real Estate Development LLC Property Address: 1309 Daly Drive and 1302 Woodlawn Drive CAPTION: Case No. 0813-03 Hammond Jones Real Estate Development LLC: A change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. The property is described as being the south 24 feet of Lot 1, all of Lots 2-10, the north 33 feet of Lot 19, and all of Lots 20-24, Block 2, Woodlawn Estates, located on the south side of McArdle Road between Woodlawn and Daly Drives. PURPOSE: The purpose of this item is to rezone the subject property to allow construction of an apartment complex. RECOMMENDATION: Planning Commission and Staff Recommendation (August 28, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting to rezone the subject property from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District to allow construction of a 100-unit apartment complex at a density of 15.4 dwelling units per acre. The "RM-1" District will allow a maximum density of 22 dwelling units per acre. The Southeast Area Development Plan Goals and Objectives calls for protecting the predominantly stable residential neighborhoods and to promote the efficient development of underutilized and remaining vacant land in the Area. The proposed project would occupy lots that have remained undeveloped since they were platted in 1946. The City encourages the development of vacant lots where public infrastructure already exists. Additionally, medium density residential uses such as the proposed apartment complex would serve as a transition from the high intensity commercial uses along Daly and South Padre Island Drives and the single-family neighborhood to the east. Therefore, the proposed apartment land use would help protect the single-family neighborhoods from commercial nuisances. Opposition to this rezoning currently stands at 27.84% of the land within the 200-foot notification area. A summary of public comments is included. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan and the proposed rezoning is partially consistent with the City's adopted Future Land Use Plan. The Future Land Use Plan designates the 2.4 acres of the 6.5-acre tract of land along Woodlawn Drive for low-density residential uses, which means less than eight dwelling units per acre. Therefore, the proposed rezoning to the "RM-1" Multifamily 1 District on the 2.4 acres fronting Woodlawn Drive is not consistent with the adopted Future Land Use Plan. However, the Future Land Use Plan designates 4.1 acres of the 6.5-acre tract of land along Daly Drive for medium-density residential, which means anywhere from 8 to 22 dwelling units per acre. Therefore, the proposed rezoning to the "RM-1" Multifamily 1 District on the 4.1 acres fronting Daly Drive is consistent with the adopted Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits Public Comment Summary ���� �_, m ��„�� d !� Mi I�A°�W�';Gd�'/ � � !� ,, �i �-� r r , u�' ipiitry s� � II � ti � � �� �Irv” � r, „,' r Y �/ 1 ;;hill' r l i/.AAl. is �rl q b;ryk" j �, f � u u ,. >y v � ��, r' l ��J � / �l r✓l lyr i J/ ��/pi"� ��in�l �� r���n 4,�� '�l�%r� li/rid �, a ' ' Y l io�s%l ��11, � ,r�� P ������, �� riyf G�i���r ,/r f �� �'/% // r I �� / � k� l��yl/ � rx �j rd 1 /�f�Y �lN�� �IJ���� � �� f • y r'� ��f Vii' �� r ii� r�y�w I 1� ii l "� ' � f �Ny � � � II j f 6�If µ�1 �/i � � � V y .../i �� � r � aG � 3 d ��' `��'' ro„y.,Itil %rvw ,.�,�',� i� � i . . `J � �,� � ����� �� i �� � � i f � �M r Y i� IIf �� 11117,17,1. Tory� ��� n �� � '�� � � ,, � '� ��� �� � li P ��f;, l � �I� m v �� r a ��e r �, V �, x i S�. g�„ �.�� v' �' ,� � .n ��� ` y, i I 1 � `gym � � � "� a � ��"�`. ,�� � r �� d I �� 7� �� l �". � �' � � " � �,� � �` w ��� r �. r u ��� a � � Y�i, �'"'V. ««��� � � �� w� �� � a✓ � a y � j i �e� t � � �; r 8" 1 �P�� � � agawm ,i4 �,�� �' � �. �� � �r� � ")� � �.� '1 fs5 � � (/ � �V� f� if �i% u.. 4 �� I l ,f � J� h' / � M:. Y / � f (f � r; N 1 — / � ��J rWj PN/ f �y f�U h �f 9 ;ft. �f`a ,J� nnnni; � ��nJ���� �"y� nnnnnt F ,"' �j? � ° �� �.� � � �MIYIY 111�����i �� �( � �'^ � li, arm �� i P '�ref i�r � � 1� �� � ru rir� ,�'� � i. ,%/'/� '✓. i.:"r r � O , r. % Y/ rrr' r// % r / I `'�iG r LU r E Rill r 1911/�i/ aF / • J / / ��r� i I % J%r�r / I F, ��yulanA I � o r r r r i z CITY COUNCIL ZONING REPORT Case No.: 0813-03 HTE No. 13-10000031 Planning Commission Hearing Date: August 28, 2013 c Applicant/Representative: Hammond Jones Real Estate Development LLC o Owner: Allen Lovelace Moore and Blanche Davis Moore Foundation ap a Legal Description/Location: Being the south 24 feet of Lot 1, all of Lots .Q 3J .7 2-10, the north 33 feet of Lot 19, and all of Lots 20-24, Block 2, Woodlawn c o Estates, located on the south side of McArdle Road between Woodlawn and Daly Drives. �., From: "RS-6" Single-Family 6 District To "RM-1" Multifamily 1 District .E a Area. 6.50 acres N° Purpose of Request: To allow construction of a 100-unit apartment complex. Existing Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Vacant Low and Medium c Density Residential y North "RS-6" Single-Family 6 Public/Semi-Public Public/Semi-Public c � 'c ? "CN-1" Neighborhood Commercial & Commercial & N° South Commercial & Low Density Low Density "RS-6" Single-Family 6 Residential Residential y J "CG-1" General w East Commercial & Commercial Commercial "RS-6/SP" Single-Family 6 with a Special Permit West "RS-6" Single-Family 6 Low Density Low Density Residential Residential Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned cCL c for low and medium density residential uses. The proposed rezoning to the "RM-1" Multifamily 1 District is partially consistent with the adopted Future a o Land Use Plan. Q Map No.: 041035 Zoning Violations: None Zoning Report Case#0813-03 Hammond Jones Real Estate Page 2 Transportation and Circulation: The subject property has 195 feet of frontage along the south side of McArdle Road, which is a "C3" Primary Collector street. The subject property also has 924 feet of frontage on Daly Drive and 528 feet of frontage on Woodlawn Drive, which are local residential streets. The subject property has access to South Padre Island Drive (SH 358) via Daly and Woodlawn Drives. c ° The applicant submitted a traffic generation calculation for the 2.364-acre portion of the subject property that is planned for low density residential uses. ° The calculation shows that changing the land use of the property to medium CL y density residential would increase the peak hour weekday trips by 15 trips per c day. The applicant was not required to submit a Traffic Impact Analysis because the increase in number of peak hour weekday trips did not exceed 501 trips. The 2012 Bond Package includes a project to widen McArdle Road to a four- lane road between Nile Drive and Ennis Joslin Road. Construction is scheduled to begin in February 2014. Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type McArdle "C3" Primary 75' ROW 65' ROW 7,381 0 Road Collector 50' paved 47' paved (2013 ADT) d Q Woodlawn 50' ROW 50' ROW No L Local Residential Information -W Drive 28' paved 30' paved available 50' ROW 50' ROW No Daly Drive Local Residential 28' paved 28' paved Information available Staff Summary: Requested Zoning: The applicant is requesting to rezone the subject property from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District to allow construction of a 100-unit apartment complex at a density of 15.4 dwelling units per acre. The "RM-1" District allows a maximum density of 22 dwelling units per acre. Development Plan: The applicant proposes to develop an apartment complex consisting of three three-story buildings resulting in a medium density residential use, which is defined as being less than or equal to 22 dwelling units per acre. The apartment complex would include amenities such as a swimming pool, clubhouse, outdoor sports court area, and sand volleyball court. All three buildings will have to comply with the 45-foot height limitation of the "RM-1" Multifamily 1 District and the required setback from single-family or two-family uses that is based on the height of the apartment buildings. The project is anticipated for completion by July 2015. Zoning Report Case#0813-03 Hammond Jones Real Estate Page 3 Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District and contains about 14 undeveloped single-family lots. Located north of the subject property is an undeveloped single-family lot and Haas Middle School, both of which are zoned "RS-6" Single-Family 6 District. To the east of the subject property on Daly Drive is a car dealership extending from McArdle Road to South Padre Island Drive (SH 358) and zoned "CG-1" General Commercial District and "RS-6/SP" Single- Family 6 District with a Special Permit. To the south of the subject property is a shopping center fronting South Padre Island Drive (SH 358) that is zoned "CN-1" Commercial Neighborhood District. Also to the south of the subject property and along both sides of Woodlawn Drive are single-family dwellings zoned "RS-6" Single-Family 6 District. West of the subject property at the southwest corner of Woodlawn Drive and McArdle Road is a 0.4-acre lot zoned "RM-2" Multifamily 2 District and occupied by a Masonic lodge. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan and the proposed rezoning is partially consistent with the City's adopted Future Land Use Plan. The Future Land Use Plan designates the 2.4 acres of the 6.5-acre tract of land along Woodlawn Drive for low-density residential uses, which means less than eight dwelling units per acre. Therefore, the proposed rezoning to the "RM-1" Multifamily 1 District on the 2.4 acres fronting Woodlawn Drive is not consistent with the adopted Future Land Use Plan. However, the Future Land Use Plan designates 4.1 acres of the 6.5-acre tract of land along Daly Drive for medium-density residential, which means anywhere from 8 to 22 dwelling units per acre. Therefore, the proposed rezoning to the "RM-1" Multifamily 1 District on the 4.1 acres fronting Daly Drive is consistent with the adopted Future Land Use Plan. Plat Status: The subject property is currently platted as multiple 0.4-acre single-family lots. A replat will be required prior to construction of the proposed apartment complex. Department Comments: • The proposed rezoning is partially consistent with the adopted Future Land Use Plan. The portion of the subject property fronting Daly Drive is planned for medium density residential uses (or apartment uses) and the portion of the subject property fronting Woodlawn Drive is planned for low density residential uses. The proposed rezoning would result in a reasonable expansion of the medium density residential uses planned along Daly Drive. • The proposed rezoning is compatible with the present zoning and would not negatively impact the surrounding properties. • The Southeast Area Development Plan Goals and Objectives calls for protecting the predominantly stable residential neighborhoods and to promote the efficient development of underutilized and remaining vacant land in the Area. o The proposed project would occupy lots that have remained undeveloped since they were platted in 1946. The City encourages the development of vacant lots where public infrastructure already exists. Zoning Report Case#0813-03 Hammond Jones Real Estate Page 4 o Additionally, medium density residential uses such as the proposed apartment complex would serve as a transition from the high intensity commercial uses along Daly and South Padre Island Drives and the single- family neighborhood to the east. This type of land use transition helps to protect single-family neighborhoods from commercial encroachment. Planning Commission and Staff Recommendation (September 24, 20131: Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. Number of Notices Mailed — 35 within 200' notification area; 4 outside notification 0 area As of September 3, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) z0 In Opposition — 19 (inside notification area); 1 (outside notification area) Totaling 27.84% of the land within the 200-foot notification area in a opposition. This case requires seven Councilmembers to vote in favor of the rezoning in order to approve it. Attachments: A. Location Map (with Existing Zoning & Notice Area) B. Future Land Use Map C. Site Plan 2" SUBJECT -6 13 PROPERTY .6 '34 2 n ''21 19 4 12 24 15 30 s 2+8_ CG - 1 20 27 2 32 a 31, 26 14. C 1 10 CG. 2. s ry 9 2g,, All 7 3 I Date GreateoB 8&2013 p w` 400 800 Pi Sy JEREMN441 Feet oepartnrent of Development Seffices CASE: 0813-03 7 ZONING & NOTICE AREA Ri MuININamNly 1 IL Light Industrial i ML ItilamllW 2 lW Heavy Industrial RM,d Multifamily a PUD Planned Unit bev Overlay, !rs°"" "�I'ce, ON Professional ONll RS,1 CM 5ingle-Famll,y 10 f' °s*,ry `" SU ,JECT' RM•AT Multifamily AT »Tp P S-B Single-Famihy& •.,,. "�` Pft{ EF'ATY CN1 Neighborhood Con,mere.lai RS-45 Single-Family,4.5 r� <*ry, CN-2 Nei h horhood Commercial RS,TF 'rAVa Family sa, Cl Resort Com mercial' RS=15 Singlc Family 15 CR-2 Resort Commercial R@ Reerdential Estate CG-1 General Commercial r3, Ro TW Special Per CG.p General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Veh Nclo Park CBD Downtovrn Con,n,erciai RMH Menulacturod Home CR-3 Resort Commercial PR Farm Rural "..-..., '^. H HNatrre Overlay '' ".•,..,.�t BP Business ParW. rb.rlp'Op tr N t7srraers n dr Ow bt d°'�r �rar fa sore s 4'15�7 I a� �p �.17t�]A14 City of nrtffarlTerllcranr Tqa trn lei /ti, pitloll •...•. "`'..,,,..,, "M.�171"�.rsti EXHIBIT A Psr ,LDR L,D,R <7� �� ��NNNwN,wwwwwwwNNNNNNNNNNNNNNNNNNNNNNNwwwwwwwwwwwwwww W CASE: 0813-03 FUTURE LAND USE f' r a13 AgriculturallRural-AR W Tourist-TOR :F Eli Estate Residential-ER ResearchlBusiness Park-RBP f t dR Law Density Res.-LDR ; Light Industrial-L Wd Density Res..MDR EM Heavy Industrial-Hl ��"m PROPERTY - High Density Res.-HDR W Public Semi-Public-PSP ✓ n Mobile Hance-MH Park VAC vacant-VAC Drainage Corridor DC F—Pol Professional Office-PO ^. Dredge Placement-DP f " Commercial-CQM ® Water t?..� ConservationlPreser✓ation-CP Transportation Plan Exlsdng Propcsed +xj,Expressways um®a¢Arterials ����, m City of Collectors Map Scale: ?:2,�Piiq f ` Carpus /o; Parkway L(7A,TIf)N MAV�� / Christi + Railroad -� EXHIBIT B ° .r�e t E a4 � Nil MCARDLE ROAD tl tl 6Y I�di101S9 Y i S 1 11� � A 6 I � r SIR 3b gill i i �sas� tl � tl®tl f t � t d t 1 B 1 t 1 tl IB tl B EXHIBIT C - SITE PLAN Ordinance amending the Unified Development Code ("UDC") upon application by Hammond Jones Real Estate Development LLC, acting as agent on behalf of Allen Lovelace Moore and Blanche Davis Moore Foundation ("Owner"), by changing the UDC Zoning Map in reference to the south 24 feet of Lot 1, all of Lots 2-10, the north 33 feet of Lot 19, and all of Lots 20-24, Block 2, Woodlawn Estates, located on the south side of McArdle Road between Woodlawn and Daly Drives, from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Hammond Jones Real Estate Development LLC, acting as agent on behalf of Allen Lovelace Moore and Blanche Davis Moore Foundation ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 28, 2013, during a meeting of the Planning Commission, and on Tuesday, September 24, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Hammond Jones Real Estate Development LLC, acting as agent on behalf of Allen Lovelace Moore and Blanche Davis Moore Foundation ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on the south 24 feet of Lot 1, all of Lots 2-10, the north 33 feet of Lot 19, and all of Lots 20-24, Block 2, Woodlawn Estates, located on the south side of McArdle Road between Woodlawn and Daly Drives, from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District (Zoning Map No. 041035), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 0813-03 Ordinance, Hammond Jones Page 2 of 2 oRRAY BASS, 3R,, P.E.,R.P.LS. 3054 S. AFLAMEDA, zip 78404 NIXON M. WELSH, P-E.,1t.P.1-S, 361 882.5521- FAX 361 882-1265 www.buss-wclsli.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. -52 Surveying Firm Reg. No. 100027- 0 P.O. Box 6397 Corpus Christi, TX 78466.6397 July 26,2013 13053- B.doe -1 Zoning Tract STATE OF TEXAS COUNTY F NUECES § Description of a 6.500 acre tract of land,more or less,being all of Lots 2 10,20—24 and portions of Lots 1 and 19, all out of Block 2, Woodlawn Estates, a map of which is recorded in Volume 10, Page 34, Map Records, Nueces County, Texas, and being the same tract of land described by deed, Document No. 1999015450, Official Public Records of said county,said 6.500 acre tract of land as further described by metes and bounds as follows: EGINNING at the point of intersection of the southeast right-of-way line of Woodlawn Drive and southwest right- of-way line of McArdle Road for the northernmost corner of the tract herein described and of said Lot 24; THENCE S 60 051'30" 195.00' along the common northeast boundary line of said Lot 24 and southwest right-of- way line of McArdle Road to a point for a northeasterly corner of the tract herein described and northernmost corner of said Lot 1; THENCE 29 008'30" 71.00'along the northwest boundary line of said Lot 1 to a point for northeasterly interior corner of the tract herein described; THENCE 60 051'30" 195.00' along a line 24.00' northeast of and parallel to the northeast boundary line of said Lot 2 to a point in the northwest right-of-way line of Daly Drive for the easternmost corner of the tract herein described; THENCE S29 008'30"W 924.00' along said northwest right-of-way line of Daly Drive to a point for the southernmost corner of the tract herein described and southernmost comer of said Lot 10; THENCE 60 051'30"W 195.00' to a point for the westernmost south corner of the tract herein described and westernmost corner of said Lot 10; THENCE 29 008'30" 467.00' along the northwest boundary line of Lots 10, 9, 8, 7 and a portion of Lot 6 to a point for central interior corner of the tract herein described; THENCE N60 051'30" 195. 'along a line 33. 'southwest of and parallel to the northeast boundary line of said Lot 19 to a point for the westernmost central corner of the tract herein described in said southeast right-of-way line of Woodlawn Drive, THENCE 29 008'30"E 528.00' along said southeast right-of-way line of Woodlawn Drive to the POINT OF EGINNING,a sketch showing said 6.500 acre tract herein described being attached as Exhibit'B". OF l ` td;� ixon M.Welsh,R.P.L.S. WELSH 1 ®@ ®•.F cc EXHIBIT To •.®.. SUM Page 1 of i S60'51'30'*E 195.00',MCARDLE RD. S29'08'30"W 7 1.00' 4�' Uo OODL�AWN ESTATES 24 V. 10, P. 34, M.R. 2 23 "-S60'51 '30"E 195.00- 06— — — CN Lo T z 22 w 0 ff� 0 -00 21 4 CN 0 Z 20 0 All C14 F 6 )0, N60*51'30"W 195.00'1 — (n 11; 18 7 po 00 z c� 17 C14 En co 0- N29'08'30"E 467.00' 16 015 10 N60'51'30"W 195.00' 13 12 WOODLAWN ESTATES V. 10, P, 34, M,R. EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION i"=200, 0 100' 200' 400' SCALEi 1*= 200, BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE. EXB-11, JOB NO, 13053. SCALE. I" - 200' PLOT SCALE: SAME, PLOT DATE: 7/26/13. SHEET I OF I Summary of Public Comments Case No: 0813-03 Hammond Jones Real Estate Development LLC As of September 3, 2013 I. Notices returned from within the 200-foot notification area: (Note: The number(s) next to name corresponds to the notification map.) Total number mailed: 35 Favor: 0 Opposition: 19, totaling 27.84% of the land within the 200-foot notification area #2 James Joseph Kinney et ux (1309 Woodlawn): Potential increase in criminal activity, decrease in property value, prefer single family dwellings, increase in traffic. #4 Frank and Lilia Cook (1401 Woodlawn): Safety issues, increased traffic. #8, 28 David Briones (1408 Woodlawn): Safety issues and increased traffic. #12 Stephen B. Yuknevich (1346 Woodlawn): Noise, traffic, property value, taxes on roads, trash, crime, multifamily apartments. #15, 18 Bonnie Scholl Acuna (1405 Woodlawn): Traffic, transients, increased crime, decrease in property values and parking. #21, 34 John Kinney (1317 Woodlawn): Increase in traffic and noise, crime, increase in foot traffic in neighborhood, decrease in property value. #33 Robert Copp (1343 Woodlawn): Increased traffic, roaming kids. II. Responses received from neighborhood but outside the 200-foot notification area: Total number mailed: 4 Favor: 0 Opposition: 0 Public Comment Summary Page 2 III. Responses received from owners/applicants of property being rezoned: Favor: 0 Opposition: 0 IV. Unsolicited responses received: Favor: 0 Opposition: 1 Outside: Daniel M. Torres, D.D.S (6500 SPID, Ste 25): Too close to Haas Middle school; dangerous traffic already a concern. AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of September 24, 2013 Second Reading Ordinance for the City Council Meeting of October 8, 2013 DATE: September 3, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Multifamily and Single-Family with Island Overlays To Multifamily with an Island Overlay and a Planned Unit Development Overlay For Doug Shaw Property Address: 15013 - 15029 Leeward Drive and 15022 Aruba Drive CAPTION: Case No. 0813-04 Doug Shaw: A change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay and the "RS-6/10" Single-Family 6 District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay. The property is described as Lots 5 and 14-18, Block 2, Section E, Padre Island - Corpus Christi, located between Aruba and Leeward Drives, approximately 200 feet south of Running Light Drive. PURPOSE: The purpose of this item is rezone the subject property to allow 23 townhomes as part of a Planned Unit Development. RECOMMENDATION: Planning Commission and Staff Recommendation (August 28, 2013): Approval of the change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay and the "RS-6/10" Single-Family 6 District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, subject to the following 10 conditions. 1. Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B and the Plat as shown in Exhibit C. The development of the Property is to consist of 23 townhouse units and shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 17.83 dwelling units per acre. 3. Building Height: The maximum height of structures within the Property is 30 feet. 4. Parking: The property must have a minimum of 46 standard parking spaces (9 feet wide by 18 feet long) and six parallel parking spaces (8 feet wide by 20 feet long). Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback shall be 10 feet along Leeward Drive and 20 feet along Aruba Drive. Minimum 20-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum building separation between unattached townhouse units shall be 10 feet. Minimum five-foot wide side yard is required along Lots 10, 16 and 22 and a minimum 2.5-foot wide side yard is required for Lots 1 and 9. Minimum width for townhouse lots shall be 20 feet. 6. Open Space: The Property must maintain a minimum of 26.5% open space. Any surfaces constructed within the required minimum open space must be constructed of pervious material. 7. Private Street Access: The Property shall provide a private street with a width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the private street. 9. Dumpster Screening: A minimum seven-foot tall masonry screening wall shall be constructed, maintained, and remain in place around a dumpster located adjacent to a single-family zoned property. 10.Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay and the "RS-6/10" Single-Family 6 District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay for a 23-unit townhouse development. Planned Unit Developments (PUDs) allow for reasonable deviations from required development standards and allow increased flexibility in project design. The proposed PUD for a townhouse development will deviate from development standards with regards to lot size, lot width, open space, street width, curb type and sidewalk design. The proposed PUD is consistent with the Comprehensive Plan, is compatible with the surrounding developments, and would not have a negative impact on surrounding properties. The subject property is also suited for the proposed project. ALTERNATIVES: 1. Modify the conditions of the Planned Unit Development; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for a tourist use. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits r; M ti r; I 1 /® , fir, f. b° ✓1 % CITY COUNCIL ZONING REPORT Case No.: 0813-04 HTE No. 13-10000030 Planning Commission Hearing Date: August 28, 2013 c Applicant/Owner: Doug Shaw ° Representative: Naismith Engineering, Inc. E a .L Legal Description/Location: Lots 5 and 14-18, Block 2, Section E, Padre 'Q Q y Island - Corpus Christi, located between Aruba and Leeward Drives, CL o approximately 200 feet south of Running Light Drive. From: "RM-AT/10" Multifamily AT District with an Island Overlay and "RS-6/10" Single-Family 6 District with an Island Overlay a To "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Q Planned Unit Development Overlay Area: 1.29 acres .E Purpose of Request: To allow construction of a 23-unit townhouse io development that deviates from the typical townhouse development standards. Existing Zoning District Existing Land Future Land Use "RM-AT/10" Multifamily AT District with an Island Overlay Site & "RS-6/10" Single-Family 6 Vacant Tourist District with Island Overlay Ca North "RS-6/10" Single-Family 6 Vacant Tourist District with Island Overlay "CR-2/10" Resort Commercial 'c South Vacant Commercial io District with Island Overlay a� East "RM-AT/10" Multifamily AT Medium Density Tourist District with Island Overlay Residential y "RM-AT/10" Multifamily AT w West District with Island Overlay & Medium Density Tourist "CR-1/10" Resort Commercial Residential District with Island Overlay. Area Development Plan: The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and is cCL c planned for tourist uses. The proposed rezoning to the "RM-AT/10/PUD" ' Multifamily AT District with an Island Overlay and a Planned Unit a o Development Overlay is consistent with the adopted Future Land Use Plan. Q Map No.: 028025 & 028026 Zoning Violations: None c r Transportation and Circulation: The subject property has 265 feet of CL— frontage on Leeward Drive, which is a "Cl" Minor Residential Collector Street, a and 56 feet on Aruba Drive, which is local residential street. L Zoning Report Case#0813-04 Doug Shaw Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type O Leeward Minor Residential 60' ROW 100' ROW Not Q Drive Collector 40' paved 60' paved Available Cn L Aruba Drive Local Residential 50' ROW 60' ROW Not 28' paved 36' paved Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM-AT/10" Multifamily AT District with an Island Overlay and "RS-6/10" Single-Family 6 District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay for a 23-unit townhouse development. Using a PUD would commit the developer to a site plan that could not be changed significantly without public hearing. Development Plan: The proposed Planned Unit Development (PUD) will consist of 23 single-family townhouse units on a 1.29-acre lot resulting in a density of 17.83 dwelling units per acre. The lots will have a minimum area of 1,380 square feet and a minimum width of 20 feet. Each lot will have direct access to a private two-way street with a minimum width of 24 feet and a five-foot wide sidewalk along one side. The development will contain 52 parking spaces for residents and guests. Each unit will be provided two parking spaces and six parallel parking spaces will be provided for guests. The development will maintain 26.5% open space. The development will provide for common open space with amenities such as a swimming pool. The following table is a comparison of the proposed development standards of the PUD and the Unified Development Code (UDC) standards for the "RS-TH" Townhouse District. The table shows all necessary deviations from the UDC. Minimum Dimensions "RS-TH"District Standards Proposed PUD Deviation Site Area 20,000 SF 55,998 SF No Lot Area 2,600 SF 1,380 SF Yes Dwelling Unit Width 26 ft. 20 ft. Yes Front Yard 10 ft. 20 ft. No Side Yard 0 ft. 0 ft. No Rear yard 5 ft. 5 ft. No Building Separation 10 ft. 10 ft. No Open Space 30% 26.5% Yes Maximum Height 45 ft. 30 ft. No Paved Street Width 28 ft. 24 ft. Yes Curb Type 6-in. curb & gutter 2-ft. ribbon curb Yes Parking Requirement 2.2/lot 2.2/lot (52 total) No Sidewalks 5 ft. on both sides or 6 ft. on 5 ft. on one side of Yes one side of street street Zoning Report Case#0813-04 Doug Shaw Page 3 Existing Land Uses & Zoning: The subject property contains undeveloped platted lots zoned "RM-AT/10" Multifamily AT District with an Island Overlay and "RS-6/10" Single- Family 6 District with an Island Overlay. North of the subject property is "RS-6/10" Single-Family 6 District with an Island Overlay. South of the subject property is vacant land zoned "CR-2/10" Resort Commercial District with an Island Overlay. East of the subject property are townhouses, zoned "RM-AT/10" Multifamily AT District with an Island Overlay. West of the subject property is vacant, zoned "RM-AT/10" Multifamily AT District with an Island Overlay and "CR-2/10" Resort Commercial District with an Island Overlay. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Mustang-Padre Island ADP and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for a tourist use. The proposed rezoning is also consistent with the following polices of the Comprehensive Plan: • Planned Unit Development and other creative land planning techniques should be encouraged (Residential K, Policy Statement). • Tourist-oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). • The City will continue to protect residential neighborhoods from encroachment of non-residential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated (Policy Statement B.13) Plat Status: The subject property is currently platted and will be re-platted in accordance with the Master Site Plan. Department Comments: • This rezoning is consistent with the Comprehensive Plan. • This rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes, lot widths, open space requirements, sidewalk width and street width, while maintaining the required site area, building height, and building separation. • The subject property consists of six platted lots with infrastructure already in place. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. Zoning Report Case#0813-04 Doug Shaw Page 4 Planning Commission and Staff Recommendation (August 28, 2013): Approval of the change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay and "RS-6/10" Single-Family 6 District with an Island Overlay to the "RM- AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, subject to the following 10 conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B and the Plat as shown in Exhibit C. The development of the Property is to consist of 23 townhouse units and shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 17.83 dwelling units per acre. 3. Building Height: The maximum height of structures within the Property is 30 feet. 4. Parking: The property must have a minimum of 46 standard parking spaces (9 feet wide by 18 feet long) and six parallel parking spaces (8 feet wide by 20 feet long). Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback shall be 10 feet along Leeward Drive and 20 feet along Aruba Drive. Minimum 20-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum building separation between unattached townhouse units shall be 10 feet. Minimum five-foot wide side yard is required along Lots 10, 16 and 22 and a minimum 2.5-foot wide side yard is required for Lots 1 and 9. Minimum width for townhouse lots shall be 20 feet. 6. Open Space: The Property must maintain a minimum of 26.5% open space. Any surfaces constructed within the required minimum open space must be constructed of pervious material. 7. Private Street Access: The Property shall provide a private street with a width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the private street. 9. Dumpster Screening: A minimum seven-foot tall masonry screening wall shall be constructed, maintained, and remain in place around a dumpster located adjacent to a single-family zoned property. 10.Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Zoning Report Case#0813-04 Doug Shaw Page 5 0 Number of Notices Mailed: 215 within 200' notification area; 3 outside notification area As of September 3, 2013: z0 In Favor — 2 (inside notification area); 0 (outside notification area) In Opposition — 2 (inside notification area); 0 (outside notification area) 3 a For 0.095% in opposition. Exhibits: A. Location Map (With Zoning & Notice Area) B. Master Site Plan K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\0813-04 PUD Leeward Bay\Council Docs\Zoning Report Doug Shaw_0813-04.docx lJ R 7 Ij i 5g w ,a y r � r R p pp r pp r o �✓'r' d f pR � R SUBJECT PROPERTY 5 V1w * 1 4 ` » » P Y ^ ,.w / ' 8 o i� 1 r."'� ✓� p r" Jll � rR .� d" I J Y PJ 'rte tiR "R d P r R° kwoled rR La F CASE: 0813-04 �F�R+LiP avR 5rtrwua?�R ° ,,,w"..� F k» r7wrumR�Nl uBu�Ymm✓�U?rn ZONING & NOME AREA "m- multJlrMMe me All LUgM Ri dus.aii al P,M-2 91 Mwevy hvJuiw7uW �'- RMMU i ulPo II+MRt�uihy:b FUD planned Un:m DAY,0 vol loyr oPoY� Rwaml ruu nMSNwwmu,n S-00 ��MN'914Fandr{y14) �P �� rTY NUM,4,!W,Wrlfe inkly AT P%4 M 041.1 fgflghjllm h00 rl C,eex nevriM R:54,M,alnn9w Family 4 S 6mUY',2 MugM mm'y6'MJrmg'&40 M.'M'Nn'M�rtMhn»»,:9�Q»I X494, 'TWO-Mm mkly' ,�?, n,�o"I RawMrnMU U"woo.OfflMU R'E wrM, IS c `, lCR{M Rwmnrt SIC ommeirtnl RE RoNwewmd4M F11.Mpple C4,M Ckmw S Y;,o mnb4Umrl ,�,,,,,,,,. _-wuMrv� a✓,+sRm�_. •io �mM-mFR TamMwr�iMManr cra'M e4/1,044R^rrmnio"w;Mwrl ;; %pNmlMk'f"nlmM >Ujea°NMO1+M»inYl ,malTiMevwUmm,NMY tlM,pAN IR'Frer�wln�:MUrrmroaM�MRrmwnm .� ,. CR y U4mur»w1 CommmiWaP Fp Fwant RmarM 4hfPo-mM Nmlvl:✓yvm lwy M" �F^' Fl�rm he rau^ PM °Yd' d, 0 —Ede D A.iIN fY;�OfJ'N'c i(,Pr PYiCTr � �.VM-T'�J'N. uM rsdv MVO p9 4i» 1 nbeff LV (nWA Chrristil n> qyr erti YHJ'�,d tlrNl �W.nro EXHIBIT A Planned Unit Development for: Leeward Bay I W d 7 i i n- c c:' Fy Padre I , Corpus Christi, Texas Doug Shaw Submitted By: Naismith Engineering, Inc. South Texas Prime i r , Inc. 4501 Gollihar Road 15217 S. Padre Island Drive Suite 201 Corpus Christi, TX 78411 Corpus Christi, TX 78418 TBPE F-355 Engineer: Craig B. Thompson, P.E. Designer: Jon Hall Na ism ith E ng i neeri ng,Inc ARCHITECrUREN ENGINEERING N ENVIRONMENTAILE SURVEYING 4501 Gollihar Road.Corpus Christi,TM 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com EXHIBIT B—MASTER SITE PLAN REVISION.V2(FINAL) table of contents location map 2 general info 3 adjacent zoning 3 property description 4 deviations table I leeward bay 5 development guidelines I leeward bay 5 lot layout I leeward bay 6 open space layout I leeward bay 7 vehicular / pedestrian access I leeward bay 8 preliminary plat I leeward bay 9 location map r � irr 1 + Dui m N, i i naismith engineering, inc. ■ planned unit development: lees+ard.� ui q mw� i �ululouuuuuuuu�uuuc�u�moo»>��������ouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu EXHIBIT B-MASTER SITE PLAN REVISION.V2(FINAL) general info adjacent zoning The Planned Unit Development for Leeward Bay consists The area around Leeward Bay has a variety of different of a Re-Plat of Lots 5, & 14-18 Padre Island-Corpus Christi existing zoning designations. The properties to the west, Section E, Block 2 between Aruba Dr. and Leeward Dr. on across Aruba, are zoned CR-1/I0. The area adjacent to Padre Island. This development will be non-gated with Lot 5 to the North is zoned RM-AT/IO while the property to attached single-family units. the North of lot 14 is RS-6/I0. All of the property across Leeward Drive from lots 14-18 is designated RM-AT/IO and Leeward Bay will be a Re-Plat of Lots 5 & 14-18 into 25 the property South of lot 18 is currently zoned CR-2/I0. lots of which 23 will be Single Family Residential Units and 2 will be Common Area lots. The property sits on 1.29 acrea of vacant land and lots 14, 15 & 18 are zoned RM-AT/IO while lots 5, 16 & 17 are zoned RS-6/I0. The Future Land Use plan designates this area as`Tourist'as well. / y= "; p �I^Va tlrJ& 7.h ro�Y —" y � { n, , Ru AT RM AT � N RFA F B'6"/ ISLES "� " Sm '`"�,u�A!'"''M' a, " f,. , I z r r / naismith engineering, inc. ■ planned unit development: leesa,rd,.��lllr grfmw0 l gguiuiollllliili a iucluimvv»%1���)))»lolllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii EXHIBIT B-MASTER SITE PLAN REVISION.V2(FINAL) property description Leeward Bay is a 1.29 acre tract of Land between Aruba This Planned Devlopments fit with the existing Dr. and Leeward Dr. Existing zoning on the property is a characteristics of the surrounding properties and will fit mix of RM-AT/IO and RS-6/IO with a similar future land with the culture of Padre Island. use designation of Tourist'. 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LL °Gh m m m a;r4mw �� 3 m am Agar w <So£w�n<om�azY�< a p W aQ I a w a w tw � a� O a� m m c u� Ordinance amending the Unified Development Code ("UDC"), upon application by Doug Shaw ("Owner"), by changing the UDC Zoning Map in reference to Lots 5 and 14-18, Block 2, Section E, Padre Island - Corpus Christi, from the "RM-AT/10" Multifamily AT District with an Island Overlay and the "RS-6/10" Single-Family 6 District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Doug Shaw ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 28, 2013, during a meeting of the Planning Commission, and on Tuesday, September 24, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Doug Shaw ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 5 and 14-18, Block 2, Section E, Padre Island - Corpus Christi (the "Property"), located between Aruba and Leeward Drives, approximately 200 feet south of Running Light Drive, from the "RM-AT/10" Multifamily AT District with an Island Overlay and "RS-6/10" Single-Family 6 District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay (Zoning Map No. 028025 & 028026), as shown in Exhibit "A" "B," and Exhibit "C." Exhibit A, which is a location map pertaining to the Property, Exhibit B, which is the master site plan ("Master Site Plan"), and Exhibit C, which is the subdivision plat ("Plat"), are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following 10 conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B and the Plat as shown in Exhibit C. The development of the Property is to consist of 23 townhouse units and shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 17.83 dwelling units per acre. 3. Building Height: The maximum height of structures within the Property is 30 feet. 4. Parking: The property must have a minimum of 46 standard parking spaces (9 feet wide by 18 feet long) and six parallel parking spaces (8 feet wide by 20 feet long). Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback shall be 10 feet along Leeward Drive and 20 feet along Aruba Drive. Minimum 20-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum building separation between unattached townhouse units shall be 10 feet. Minimum five-foot wide side yard is required along Lots 10, 16 and 22 and a minimum 2.5-foot wide side yard is required for Lots 1 and 9. Minimum width for townhouse lots shall be 20 feet. 6. Open Space: The Property must maintain a minimum of 26.5% open space. Any surfaces constructed within the required minimum open space must be constructed of pervious material. 7. Private Street Access: The Property shall provide a private street with a width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the private street. 9. Dumpster Screening: A minimum seven-foot tall masonry screening wall shall be constructed, maintained, and remain in place around a dumpster located adjacent to a single-family zoned property. 10. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. Page 2 of 3 0813-04 Ordinance, Doug Shaw 9-5-2013 SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Page 3 of 3 0813-04 Ordinance, Doug Shaw 9-5-2013 � rvn -AG T �. r 7`7- ( I p e^.. ��.,� '•. SUBJECT r �R- 9 � C-."..�� oaf m'" �-,• 10 CR „ a 10 �,,,,..."" s � '".--• '� ���� # "" Via' ...................w' � r` lr.1w . ^ 10 r 7 ce rr rrP�eparadB :say R �. d}aTFe f� �f -. r��1� �aaref gy.f.ARFYYF . °.r•... �aaprraent Servocaes CASE: 0813-04 re SUBJECT PROPERTY WITH ZOP"VIN Subject � PROPS UY RM-1 Mauptltamily 1 IL Light Industrial RMt-2 Mu ptpfntnply 2' IH d-0ecrosa'ry'industrial RM-3 MultmfamlYy 3 PUD Planned Urin Dev,.oYefl a'y G ON Pra9essionai 01fice RS-10 Single-Family 10 � RMN-AT MU i0farnnily AT RS.-6 'Single-FarmIry6 CH-1 Nellglh6erhoodCommercial RS-05 Single-family 4.5 �e CN-2 NeYghborhoad Conamerc Yal RS-7F Two-FannlPy ",..•,,.. rs. CR•1. Resort Crammercial RS-1...5 Single-Fai..mily'15 CR•2 Resot,Co. MercYaY RE Resndenliall Eelate CG-1 Gencial Commercial R'S-'PM',Townhouse CC,-2 General Conn meratlall SR Special Permit C.I Intensive CommereYal RV Recreationall Vehicle Park. a COD Downtown CommetoYaY' RM H Wnirrfucl'ured.Home 'tik' CR-3 Resort Can'marclal p FR. Farm Rural "'"., 4 x RY of H HlstorloOV00aay v Corpus Business Park [.L7 AITj.O.N M�9A1P` Christli. EXHIBIT A Planned Unit Development for: Leeward Bay I W d 7 i i n- c c:' Fy Padre I , Corpus Christi, Texas Doug Shaw Submitted By: Naismith Engineering, Inc. South Texas Prime i r , Inc. 4501 Gollihar Road 15217 S. Padre Island Drive Suite 201 Corpus Christi, TX 78411 Corpus Christi, TX 78418 TBPE F-355 Engineer: Craig B. Thompson, P.E. Designer: Jon Hall Na ism ith E ng i neeri ng,Inc ARCHITECrUREN ENGINEERING N ENVIRONMENTAILE SURVEYING 4501 Gollihar Road.Corpus Christi,TM 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com EXHIBIT B—MASTER SITE PLAN REVISION.V2(FINAL) table of contents location map 2 general info 3 adjacent zoning 3 property description 4 deviations table I leeward bay 5 development guidelines I leeward bay 5 lot layout I leeward bay 6 open space layout I leeward bay 7 vehicular / pedestrian access I leeward bay 8 preliminary plat I leeward bay 9 location map r � irr 1 + Dui m N, i i naismith engineering, inc. ■ planned unit development: lees+ard.� ui q mw� i �ululouuuuuuuu�uuuc�u�moo»>��������ouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu EXHIBIT B-MASTER SITE PLAN REVISION.V2(FINAL) general info adjacent zoning The Planned Unit Development for Leeward Bay consists The area around Leeward Bay has a variety of different of a Re-Plat of Lots 5, & 14-18 Padre Island-Corpus Christi existing zoning designations. The properties to the west, Section E, Block 2 between Aruba Dr. and Leeward Dr. on across Aruba, are zoned CR-1/I0. The area adjacent to Padre Island. This development will be non-gated with Lot 5 to the North is zoned RM-AT/IO while the property to attached single-family units. the North of lot 14 is RS-6/I0. All of the property across Leeward Drive from lots 14-18 is designated RM-AT/IO and Leeward Bay will be a Re-Plat of Lots 5 & 14-18 into 25 the property South of lot 18 is currently zoned CR-2/I0. lots of which 23 will be Single Family Residential Units and 2 will be Common Area lots. The property sits on 1.29 acrea of vacant land and lots 14, 15 & 18 are zoned RM-AT/IO while lots 5, 16 & 17 are zoned RS-6/I0. The Future Land Use plan designates this area as`Tourist'as well. / y= "; p �I^Va tlrJ& 7.h ro�Y —" y � { n, , Ru AT RM AT � N RFA F B'6"/ ISLES "� " Sm '`"�,u�A!'"''M' a, " f,. , I z r r / naismith engineering, inc. ■ planned unit development: leesa,rd,.��lllr grfmw0 l gguiuiollllliili a iucluimvv»%1���)))»lolllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii EXHIBIT B-MASTER SITE PLAN REVISION.V2(FINAL) property description Leeward Bay is a 1.29 acre tract of Land between Aruba This Planned Devlopments fit with the existing Dr. and Leeward Dr. Existing zoning on the property is a characteristics of the surrounding properties and will fit mix of RM-AT/IO and RS-6/IO with a similar future land with the culture of Padre Island. use designation of Tourist'. This portion of land is also located in Zone A13 EL 9 per the Flood Insurance Rate Map. 1, 8 t z r naismith engineering, inc. ■ planned unit development: lees+ard""-� iu r�ym�aJ ui �uiuiouuuuuuuu�uuuc�u�moo»>��������ouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu EXHIBIT B-MASTER SITE PLAN REVISION.V2(FINAL) l////.f//!J//////////U/ °/i/mIIIIIIIIIIWI�IWNF1001➢�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�MII���IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Z a O J � O —ai Z t0 O v � F� ai q p a a)i' � a) O a Q ai a > O -O V�N aJ T LO R U 'm Q 0! u v O ai. 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Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Multifamily with an Island Overlay to Multifamily with an Island Overlay and a Planned Unit Development Overlay For Doug Shaw and Jill Shaw Property Address: 15038, 15034, and 15030 Aruba Drive CAPTION: Case No. 0813-05 Doug Shaw and Jill Shaw: A change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay. The property is described as Lots 1-3, Block 2, Section E, Padre Island - Corpus Christi, located along the east side of Aruba Drive, approximately 175 feet west of Leeward Drive. PURPOSE: The purpose of this item is to rezone the subject property to allow 14 townhomes as part of a Planned Unit Development. RECOMMENDATION: Planning Commission and Staff Recommendation (August 28, 2013): Approval of the change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, subject to the following 10 conditions. 1. Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B and the Plat as shown in Exhibit C. The development of the Property is to consist of 14 townhouse units and common area amenities and shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 17.72 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property is 30 feet. 4. Parking: The property must have a minimum of 28 standard parking spaces (9 feet wide by 18 feet long) and four parallel parking spaces (8 feet wide by 20 feet long). Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback along Aruba Drive shall be 20 feet. Minimum 20-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum building separation between unattached townhouse units shall be 10 feet. Minimum five-foot wide side yard is required along Lots 5 and 7. Minimum width for townhouse lots shall be 20 feet. 6. Open Space: The Property must maintain a minimum of 37% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The property shall provide a one-way private street with a width of not less than 20 feet. The private street shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum five-foot wide sidewalk shall be constructed along one side of the private street. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay for a 14-unit townhouse development. Planned Unit Developments (PUDs) allow for reasonable deviations from required development standards and allow increased flexibility in project design. The proposed PUD for a townhouse development will deviate from development standards with regards to lot size, lot width, street width, curb type and sidewalk design. The proposed PUD is consistent with the Comprehensive Plan, is compatible with the surrounding developments, and would not have a negative impact on surrounding properties. The subject property is also suited for the proposed project. ALTERNATIVES: 1. Modify the conditions of the Planned Unit Development; or 2. Deny the request OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for a tourist use. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits �/ i � / „� � � '�� f� ((� iV„o / i ��, i /��"/� l � (fir//�� %i%i/i/111 �% � r/ //� � o ' 1� � � w f// � ���'� , � u �* // � / /� �/ �`� f� � ���//�111I�V�%, � 41I iii lr� ^h � //; ,%/ �� 1�, �'i'-. � �//iii i ���%�/�o �%� i {r, / z�,� w oi�i�// / Jl i„ i� /i ���N r /,i 1�// � �i� �j�%��j/ �i� � � Q 6 i�/i "'��a�� �/�//j 1-; 'f I lug,�'� � i�dNb i / � ��y;�/ �� Ill lii� w�p�i F� � j'/ j I V� �,;" r �� i � ”: //, � �, �; �, �� � r� „ ,�; �, bra � �� �, �� ' � �� " ,,,ie ;, � ' �' � t a + ' � , ; �' � „ �,�„//' r: �; ��%��� y �/% %f, 1 � �'� `��! �, �� � ; � ,,, o r li, 1 /� ' 'z� �r ,, � �`f wu ,� a;� /' r, f i �,q �} li ��� t �l. 17f� CITY COUNCIL ZONING REPORT Case No.: 0813-05 HTE No. 13-10000024 Planning Commission Hearing Date: August 28, 2013 Applicant/Owner: Doug Shaw and Jill Shaw Representative: Naismith Engineering, Inc. 0 0.a Legal Description/Location: Lots 1-3, Block 2, Section E, Padre Island - a J U Corpus Christi, located along the east side of Aruba Drive, approximately CL,a U) Q 0 175 feet west of Leeward Drive. From: "RM-AT/10" Multifamily AT District with an Island Overlay y To: "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and .� Planned Unit Development Overlay io r Area: 0.79 acres Purpose of Request: To allow a 14-unit townhouse development that deviates from the typical townhouse development standards. Existing Zoning District Existing Land Future Land Use Use "RM-AT/10" Site Multifamily AT with an Vacant Tourist Island Overlay "RM-AT/10" North Multifamily AT with an Vacant Tourist Island Overlay "CR-1/10" Resort Vacant & Low c M South Commercial District with Density Tourist N an Island Overlay Residential c J "RM-AT/10" Multifamily AT with an Island Overlay & Tourist & w East "CR-2/10" Resort Vacant Commercial Commercial District with an Island Overlay "CR-1/10" Resort West Commercial District with Vacant Tourist & an Island Overlay Commercial Area Development Plan: The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and is cCL c planned for tourist uses. The proposed rezoning to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit a o Development Overlay is consistent with the adopted Future Land Use Plan. Q > Map No.: 029028 Zoning Violations: None Zoning Report Case#0813-05 Doug&Jill Shaw Page 2 c Transportation and Circulation: The subject property is approximately CL.0 175 feet west of Leeward Drive, which is a "Cl" Minor Residential Collector street, and has approximately 265 feet of frontage along Aruba Drive, which is a local residential street. Urban Proposed Existing Traffic p Street Transportation Plan Section Section Volume a Type L 50' ROW 60' ROW Not Aruba Drive Local Residential 28' paved 36' paved Available Cn Staff Summary: Requested Zoning: Requested Zoning: The applicant is requesting a rezoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay for a 14-unit townhouse development. Using a PUD would commit the developer to a site plan that could not be changed significantly without public hearing. Development Plan: The proposed Planned Unit Development (PUD) will consist of 14 single-family townhouse units on a 0.79-acre site resulting in a density of 17.72 dwelling units per acre. The lots will have a minimum area of 1,380 square feet and a minimum width of 20 feet. Each lot will have direct access to a private one-way street with a minimum width of 20 feet and a five-foot wide sidewalk along one side. The development will contain 32 parking spaces for residents and guests. Each unit will be provided two parking spaces and four parallel parking spaces will be provided for guests. The development will maintain 37% open space. The development will provide common open space with amenities such as a swimming pool. The following table is a comparison of the proposed PUD development standards and the Unified Development Code (UDC) standards for the "RS-TH" Townhouse District. The table states all necessary deviations from the UDC. Minimum Dimensions "RS-TH"District Standards Proposed PUD Deviation Site Area 20,000 SF 34,998 SF No Lot Area 2,600 SF 1,380 SF Yes Dwelling Unit Width 26 ft. 20 ft. Yes Front Yard 10 ft. 10 - 20 ft. No Side Yard 0 ft. 0 ft. No Rear Yard 5 ft. 5 ft. No Building Separation 10 ft. 10 ft. No Open Space 30% 37% No Maximum Height 45 ft. 30 ft. No Paved Street Width 28 ft. 20 ft. Yes Curb Type 6-in. curb &gutter 2-ft. ribbon curb Yes Parking Requirement 2.2/lot 2.2/lot (32 total) No 5 ft. on both sides or 6 ft. on 5 ft. on one side of Sidewalks one side of private street private street Yes Zoning Report Case#0813-05 Doug&Jill Shaw Page 3 Existing Land Uses & Zoning: The subject property contains undeveloped platted lots zoned "RM-AT/10" Multifamily AT District with an Island Overlay. North of the subject property is vacant land zoned "RM-AT/10" Multifamily AT District with an Island Overlay. South of the subject property is vacant and low density residential uses zoned "CR- 1/10" Resort Commercial District with an Island Overlay. East of the subject property is vacant land zoned "RM-AT/10" Multifamily AT District with an Island Overlay and "CR- 2/10" Resort Commercial District with an Island Overlay. West of the subject property is vacant land zoned "CR-1/10" Resort Commercial District with an Island Overlay. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Mustang-Padre Island ADP and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for a tourist use. The proposed rezoning is also consistent with the following polices of the Comprehensive Plan: • Planned Unit Development and other creative land planning techniques should be encouraged (Residential Policy Statement K). • Tourist-oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). • The City will continue to protect residential neighborhoods from encroachment of non-residential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated (Policy Statement B.13). Plat Status: The subject property is currently platted and will be re-platted in accordance with the Master Site Plan. Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes, lot widths, sidewalk width, and street width, while maintaining the required site area, building height, open space and building separation. • The subject property consists of three platted lots with infrastructure already in place. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. Zoning Report Case#0813-05 Doug&Jill Shaw Page 4 Planning Commission and Staff Recommendation (August 28, 2013): Approval of the change of zoning from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, subject to the following ten conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B and the Plat as shown in Exhibit C. The development of the Property is to consist of 14 townhouse units and common area amenities and shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 17.72 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property is 30 feet. 4. Parking: The property must have a minimum of 28 standard parking spaces (9 feet wide by 18 feet long) and four parallel parking spaces (8 feet wide by 20 feet long). Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback along Aruba Drive shall be 20 feet. Minimum 20-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum building separation between unattached townhouse units shall be 10 feet. Minimum five-foot wide side yard is required along Lots 5 and 7. Minimum width for townhouse lots shall be 20 feet. 6. Open Space: The Property must maintain a minimum of 37% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The property shall provide a one-way private street with a width of not less than 20 feet. The private street shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum five-foot wide sidewalk shall be constructed along one side of the private street. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Zoning Report Case#0813-05 Doug&Jill Shaw Page 5 Number of Notices Mailed — 39 within 200' notification area; 3 outside c>s notification area As of September 3, 2013: z° In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) B a For 0.00% in opposition. Exhibits: A. Location Map (With Existing Zoning & Notice Area) B. Master Site Plan K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\0813-05 Doug&Jill Shaw(Smugglers Cove PUD)\Council Docs\Zoning Report Doug Jill Shaw 0813-05.docx R S 6 �n ��� R I0 RS - 10 p 28 l"2 3 4 12 7 r 25 _ 9 24�" � ►r, 'I3 t N L£ *+ PRPE CR- 2 CR. 23 10 27 "'C R 2 La „� R1 T pIIC► L7 ct XN .-C area'" '0131 0 400 " An, �i�re,.o�y�e tARRYF rn feet Department tr £Je a prrea �e'"rvices CASE: 0813-05 ZONING & NOTICE AREA 1q A R'M,y-1 M,tuitifannily 1 IL Light Industrial RMdV'-2 MrPoulltilamnilly 2 Vit Heavy Industrial S�J�.I� '�-.'"'""f• RM�b-3 M ult6tamnilyr 3 PUU Planned Unit Erev.Overlay ON Pr'olessional Office RS.-16 Slingle-'Fam ny 10 PROP TY RMri-AT MrYultilarmily AT RS4 Single-Falmllry 6 CN-1 NeilrgIhborhood ComrormercW R'S-4.5 Single-Family 4.5 CN-2. Neighborhood Commercial RS-TF TWo-'Ram7illy CR-1 Resort Commercial IRS-15 Single-Family IS � CR-2 Resort Commercial RE Residential Estate CG-1 CemeraN Crnrmrmerc..faR RS-TM Townhouse _....-4vtnrr�C.ma CG-2 w. eneral Commercial SP� SPeclal Permll Cl Ihmternsive Commercial 'RV Recreational Vehicle Park ClElfs Downtown Comromuercilal RM H Mwlanutactured Home CR-3 Resort Corn'arercial FR IFarlrm Rural H Hilstorle overlay ISP 'Business Park 4p ® 5¢aPareerd3ra,mer'dr CJrnrrer.r ac City of tr oth'?r O'buff& V rn hrVoy �� Cot-pus ,"oen rtr , LOCATION MAP Christi Planned Unit Development for: Smuggler's Cove I d 7 "JllD�il�lrD,i 7� �! I i n- c c:' Padre Island, Corpus Christi, Texas Doug Shaw ii iiii I'll Submitted By: Ill aiiisimiiith 11w::,'iirigi'ii'iirieeiiriiiiing, Iiinc South "'I°"e as 114 iiriiirmme IlC esiii iii Giiroullp, ;Iiin 4501 Gollihar Road 15217 S. Padre Island Drive Suite 201 Corpus Christi, TX 78411 Corpus Christi, TX 78418 TBPE F-355 Engineer: Craig B. Thompson, P.E. Designer: Jon Hall Na ism ith E ng i neeri ng,Inc ARCHITECrUREN ENGINEERING N ENVIRONMENTAILE SURVEYING 4501 Gollihar Road.Corpus Christi,TM 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com EXHIBIT B—MASTER SITE PLAN REVISION.V2(FINAL) talblII e of cointeints location map 2 general info 3 adjacent zoning 3 property description 4 deviations table 5 development guidelines 5 lot layout 6 open space layout 7 vehicular / pedestrian access 8 preliminary plat 9 lbcatlbin r �J + �r� f , + Y + r � T p y� 4 u a nalsmlth en lneering„ inc. ■ planned unit development: smuggler' � i iiii 9 u��uuuiuuuuyy������x��iul������o»�o������ouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu EXHIBIT B-MASTER SITE PLAN REVISION.V2(FINAL) geiineiiiralII Iiin"fo adl,,jaceint zoinliing The Planned Unit Development for Smuggler's Cove The area around Smugglers Cove has a variety of different consists of a Re-Plat of Lots 1-3 on Block 2, Padre Island- existing zoning designations. The properties to the Corpus Christi Section E, along Aruba Dr. on Padre Island. westand south, across Aruba are zoned CR-1/I0. The This development will be non-gated with attached single- adjacent area to the North is zoned RM-AT/IO while the family units. property to the East is CR-2/I0. Smugglers Cove will be a Re-Plat of lots 1-3 into 16 lots consisting of 14 Single Family Units and 2 Common Area lots. The property sits on 0.79 acres of vacant land and and has an existing zoning of RM-AT/I0. The Future Land Use plan designates this area as Tourist. R111 AT F v d i i e f Vc i °�I Hid Bt'' 'gar R Al)l S, .. ? RM.,AT �°RI:,�T 6 r Y r V N''WI1 '41 p^. Y ' o w 1" p J " s ar r n r r r ,., D � .,. ..,_, �u. r i o � I 1' nalsmltlh en lneering„ ins:. ■ planned unit development: smuggler' i iiii 9 u��uuuiuuuuyy������x��iu�������o»�o������ouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu EXHIBIT B—MASTER SITE PLAN REVISION.V2(FINAL) IIII mm IIII mmiiii IIII IIII iiiii The Planned Unit Development for Smuggler's Cove This devlopment fits with the existing characteristics of the consists of a Re-Plat of Lots 1-3 Block 2, Padre Island- surrounding properties and will fit with the culture of Padre Corpus Christi Section E. Island. Smugglers Cove is a 0.79 acre tract of land along Aruba Dr. The existing zoning on the property is RM-AT/IO with a Tourist'designation on the Future Land Use Plan for the City of Corpus Christi. According to the Flood Insurance Rate Map (FIRM), this property is in Zone A13 EL 9. 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UR, CD _^ IN H A oNrrW m �ea 'O c u <m � q�@ m5< o.SFF r:ri O e:: w w <Al F <A1 � <Al m Q. W Ordinance amending the Unified Development Code ("UDC"), upon application by Doug Shaw and Jill Shaw ("Owners"), by changing the UDC Zoning Map in reference to Lots 1-3, Block 2, Section E, Padre Island - Corpus Christi, from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Doug Shaw and Jill Shaw ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 28, 2013, during a meeting of the Planning Commission, and on Tuesday, September 24, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Doug Shaw and Jill Shaw ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 1-3, Block 2, Section E, Padre Island - Corpus Christi (the "Property"), located along the east side of Aruba Drive, approximately 175 feet west of Leeward Drive, from the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay (Zoning Map No. 029028), as shown in Exhibit "A," "B," and "C." Exhibit A, which is a location map pertaining to the Property, Exhibit B, which is the master site plan ("Master Site Plan"), and Exhibit C, which is the subdivision plat ("Plat"), are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following 10 conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B and the Plat as shown in Exhibit C. The development of the Property is to consist of 14 townhouse units and common area amenities and shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 17.72 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property is 30 feet. 4. Parking: The property must have a minimum of 28 standard parking spaces (9 feet wide by 18 feet long) and four parallel parking spaces (8 feet wide by 20 feet long). Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback along Aruba Drive shall be 20 feet. Minimum 20-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum building separation between unattached townhouse units shall be 10 feet. Minimum five-foot wide side yard is required along Lots 5 and 7. Minimum width for townhouse lots shall be 20 feet. 6. Open Space: The Property must maintain a minimum of 37% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The property shall provide a one-way private street with a width of not less than 20 feet. The private street shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum five-foot wide sidewalk shall be constructed along one side of the private street. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. 0813-05 Ordinance, Doug Shaw Jill Shaw 9-5-2013 Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 0813-05 Ordinance, Doug Shaw Jill Shaw 9-5-2013 Page 3 of 3 ° Na, d rim wr a " „� o n RS - 6` �' �� * � � �r��� 1¢,, �,', 0 sr tr �u .. q"° ”r B°� r w SUBJECT ` PROPERTY x � //X ��bra wv `M�r w „� ',F k °r' ,r �i� d" V` R r R Q pJI� P d' i' uM 4P I'd � 17 V* ^yl 0� !� r y y'• s �^�' �1`w P AM 220r� v`N qr 4lG rINrrW gnrdl�N xdjw �raN ro m'grrr^ic- CASE.- 081'3-05 SUBJECT PROPERTY WITH ZONING p'ropen,,Y suit T RM"I NIRH�eI H'M �d,�aM Y lludw hrlaml PRO,PE TY RM-2 WAIMMUIV 7, 14 Heavly 11udwmelrla l H10•3 MwftI0amrllPj 3 P11 D, lPlavIrYl o Irl'ot]Grrp°rr ow°enolly Op4I ka0e4e0001waRopHeao R8-it slrioRe4aamIly`10 H Alf MuITKainittv`,AT iMR�� �YaSM�de�Ma�enlM�t 0, µ� CWT Nrer Hbaw4m ed ComatmuNuc:dekl tRS4.5 SInglrr-FMRIIIiW 45 --_.. .....H007TIVIAP .®.. radl.2 !NoIgtllraarw'Mad Comi,nercIM AS-If '7�40,F&InId;ryr , OR ,i tMtAarmCeoamer RaiA •N� .�shgi *4a��rldp`15,, r 9-M '3eneraal Com mherCN18N IRS-IfN ToWnhnuso': CG S. OencrmN fi amrm'arcdml &,P Spec IMI pelIMM 01 11lerrwalu�m�'r+rnrdhelr,rall RV NR&og2 fioi ,1VOI PhmN. BD Do wadwil C R MHi %4'I4j pulad.'Iio emd Hoing C;IR-� MvlsoIN Commercial w H' larm(rnrM MRuulm/d OIly M..'f" H�ci 4'bYMNOtlMe f'kr°^Mlltl.?>y YYm ,,��yy,�w ,,",ryR^ '""n ba H' �iwaellMe e�R i!UI d� L k74.A II N91r A— C.liri it EXHIBIT Planned Unit Development for: Smuggler's Cove I d 7 "JllD�il�lrD,i 7� �! I i n- c c:' Padre Island, Corpus Christi, Texas Doug Shaw ii iiii I'll Submitted By: Ill aiiisimiiith 11w::,'iirigi'ii'iirieeiiriiiiing, Iiinc South "'I°"e as 114 iiriiirmme IlC esiii iii Giiroullp, ;Iiin 4501 Gollihar Road 15217 S. Padre Island Drive Suite 201 Corpus Christi, TX 78411 Corpus Christi, TX 78418 TBPE F-355 Engineer: Craig B. Thompson, P.E. Designer: Jon Hall Na ism ith E ng i neeri ng,Inc ARCHITECrUREN ENGINEERING N ENVIRONMENTAILE SURVEYING 4501 Gollihar Road.Corpus Christi,TM 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com EXHIBIT B—MASTER SITE PLAN REVISION.V2(FINAL) talblII e of cointeints location map 2 general info 3 adjacent zoning 3 property description 4 deviations table 5 development guidelines 5 lot layout 6 open space layout 7 vehicular / pedestrian access 8 preliminary plat 9 lbcatlbin r �J + �r� f , + Y + r � T p y� 4 u a nalsmlth en lneering„ inc. ■ planned unit development: smuggler' � i iiii 9 u��uuuiuuuuyy������x��iul������o»�o������ouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu EXHIBIT B-MASTER SITE PLAN REVISION.V2(FINAL) geiineiiiralII Iiin"fo adl,,jaceint zoinliing The Planned Unit Development for Smuggler's Cove The area around Smugglers Cove has a variety of different consists of a Re-Plat of Lots 1-3 on Block 2, Padre Island- existing zoning designations. The properties to the Corpus Christi Section E, along Aruba Dr. on Padre Island. westand south, across Aruba are zoned CR-1/I0. The This development will be non-gated with attached single- adjacent area to the North is zoned RM-AT/IO while the family units. property to the East is CR-2/I0. Smugglers Cove will be a Re-Plat of lots 1-3 into 16 lots consisting of 14 Single Family Units and 2 Common Area lots. The property sits on 0.79 acres of vacant land and and has an existing zoning of RM-AT/I0. The Future Land Use plan designates this area as Tourist. R111 AT F v d i i e f Vc i °�I Hid Bt'' 'gar R Al)l S, .. ? RM.,AT �°RI:,�T 6 r Y r V N''WI1 '41 p^. Y ' o w 1" p J " s ar r n r r r ,., D � .,. ..,_, �u. r i o � I 1' nalsmltlh en lneering„ ins:. ■ planned unit development: smuggler' i iiii 9 u��uuuiuuuuyy������x��iu�������o»�o������ouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu EXHIBIT B—MASTER SITE PLAN REVISION.V2(FINAL) IIII mm IIII mmiiii IIII IIII iiiii The Planned Unit Development for Smuggler's Cove This devlopment fits with the existing characteristics of the consists of a Re-Plat of Lots 1-3 Block 2, Padre Island- surrounding properties and will fit with the culture of Padre Corpus Christi Section E. Island. Smugglers Cove is a 0.79 acre tract of land along Aruba Dr. The existing zoning on the property is RM-AT/IO with a Tourist'designation on the Future Land Use Plan for the City of Corpus Christi. According to the Flood Insurance Rate Map (FIRM), this property is in Zone A13 EL 9. 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Q _I Xwm ¢ zG� a ww=w w O n o a LL = <1° ° m>o w J - 'u -w - wQ= LLo °'w a z zw �Q ow w w QLL�� '<u Q=QJ= p=� oQZ mm zoQ wQ° zu a w=wQ o�QZQ�w�wou wo o� =pw-z�ww a wW� Q Qo Q� wQO° <<8o p w� w o Q� wQQQ �� w oQ� ap < p w oI w-� dim i? wi SC µrya AGENDA MEMORANDUM For the City Council Meeting of September 17, 2013 DATE: September 9, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com Saundra Thaxton, Assistant Director of Strategic Management Saundra @cctexas.com Assessment of the Efficiency and Effectiveness of the Citv of Corpus Christi Fire Department CAPTION: Motion authorizing the City Manager or designee to execute a consultant agreement with MGT of America, Inc. to provide an assessment of the efficiency and effectiveness of the City of Corpus Christi Fire Department for an amount not to exceed $97,950. Funding is available in the Fire Department Budget for fiscal year 2013/2014. BACKGROUND AND FINDINGS: The objective of the study is to obtain an overall assessment of the overall efficiency and effectiveness of Corpus Christi Fire Department operations, including results of benchmarking against operations of other municipalities and against industry standards. Aspects of the assessment will include reviewing service demands and responses to demands, distribution of resources, response performance, and reasonableness of costs. A specific purpose is to describe how the City of Corpus Christi Fire Department can best meet its mission while cost- effectively delivering services. This study is being conducted as part of the City's overall continuous improvement program to periodically review and improve City operations. Eight consulting firms responded to the City's request for proposal issued on August 2, 2013. Four firms were short-listed and invited to make presentations on September 5, 2013 to the City selection team. After studying proposals and interviewing the proposing consultants, the selection team deemed MGT of America, Inc. as the most responsive. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to all City policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Management & Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $ 97,950 $ 97,950 Encumbered / Expended Amount This item $ 97,950 $ 97,950 BALANCE 0 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Consultants responding to Request for Proposal and firms short-listed RFP Selection Matrix BI-0003-14 ASSESSMENT OF THE EFFICIENCY AND EFFECTIVENESS OF THE CORPUS CHRISTI FIRE DEPARTMENT ................................................................................................................................................................................................... ................................................................................................................................................. ................................................................................................................................................ The RFP selection panel reviewed each proposal submitted to develop a "short-list" of firms to be interviewed. All of the proposers were regarded as meeting the minimum criteria established in the RFP to be considered as "qualified": a)The proposing organization may not be part of a company that is in the business of providing fire suppression or emergency medical services; and b) The proposing organization must have at least five years of experience conducting municipal fire department evaluations; and c) The proposing organization must have sufficient staffing in order to meet project deliverable deadlines; and d) The proposing organization must assign to this project a project manager with at least five years of experience conducting fire department evaluations. Proposer Price* Short Listed Berkshire Advisors, Inc. $79,600 Emergency Services Consulting International (ESCI) $60,037 Fitch &Associates $148,690 ICMA $123,303 Matrix Consulting Group $87,000 MGT of America $97,950 System Planning Corporation—Tri Data Division $94,152 Public Safety Solutions, Inc. (PSSi) $98,850 *Average proposal price =$98,698 Ranking of Short-Listed Companies subsequent to interviews. The RFP stated that "Proposals will be evaluated on the merits of content including types and size of municipalities assessed, methodology proposed for the assessment and any other relevant information which reflects the competency and ability of the proposer to perform the services specified in this RFP." The ranking below reflects the consensus opinion regarding the ranking of the firms best able to meet the needs of this engagement. Proposer Overall Key differentiating factors ranking MGT of America 1 Most experienced project team on projects of similar nature;team has worked together in past; good balance of practical experience with evaluation experience;very high quality and succinct proposal Matrix Consulting Group 2 Project team has little experience working together; the on- site project lead has limited experience in similar fire studies; research skills, specifically benchmarking, weak Emergency Services Consulting 3 Concerns about perception of ownership interests of the International (ESCI) International Association of Fire Chiefs and the lack of explicit disclosure in the written proposal; questions about clarity of scope Berkshire Advisors, Inc. 4 Presentation style not as strong; RFP not succinct V LLI CL ,, cn Y` W W a 0 W f'a L LL LLI W '/%/ V 1/ OPW N f // s Wil co Vf/ / /1�%/p ig/ii �,�r/�1 il�///�1(/ ;!� ;y✓ f wti /'T,I ALIN �%/ RG.OVI +►I ML �'• 1I� � ♦1� o �y� ,1�/W ,?� ��i ` � �` rr it � y.+����� ✓i'� By FL / Ja, i w �„�� l i/� • i ^, N W N _O V O O Z: •_ V .- W cn i 0 cn ° W N O •� Z W E E N co V i N •c C (3) O Q !.0 O N CL Q) j vi W ca i Q) Q a u •> - U a V 3: 0- c c a- w ca w '- •- V J E -o m i >O Ov O M C Q E c 'i m c O •� L a--+ •V Q� � � Q _0 a� O c V 0 i _0 cn •� E o — W � ca ou LLI LM w 0 ca W w N v a 4. 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W s 0 CL V X � w U i •� �' C: cn i .� C: O i v v O O • � �.., •� cn cn cn ca E O >C — X � ca ca 0 a w U H 2 2 2 N —I iii%�j� ��/�r,�� �� ' t •L i ,/ m W O o EE � r L LAM LM Ij uj �''/l!/ii// r ✓�"n r r, c r JIM 'iii �iy�jrr, �! �, �%1>����/�"' ' �/"/�%, RG.��+►IM�L �'• ♦1� o Syr ,1��W ,?� ��r rid �` rr rr '� y.+����� ✓r'� By FL , Ja, r w �„�� l i/� • r SERVICE AGREEMENT FOR EVALUATION OF TIIE FIRE DEPARTMENT Request for Proposal No. BI-0003-14 THIS Assessment of the Efficiency and Effectiveness of Fire Department Service Agreemen (this "Agreement") is entered into by and between MGT of America, Inc. (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee ("Cily Manager ), effective for all purposes upon execution by the City Manager or designee. WHEREAS Contractor has proposed to provide an Assessment of the Efficiency and Effectiveness of Fire Department Service Agreement in response to RFP No BI-0003-14 which is incorporated by reference as Exhibit A; WHEREAS the City has determined Contractor to be the best valued respondent; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Assessment of the Efficiency and Effectiveness of Fire Department in accordance with RFP No BI-0003-14. 2. Term. This Agreement takes effect at such time as final signature is affixed and continues until the project is completed, approximately six months after commencement. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Assistant Director of Strategic Management or designee. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages, to the Contract Administrator. Additionally, the Assistant Director of Strategic Management or designee will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's reasonable written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The 1 performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal "dear. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31"), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver.No waiver of any breach of any team or condition of this Agreement, or RFP No. BI- 0003-14 or the Contractor's offer to RFP No. BI-0003-14 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work. performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Assistant Director of Strategic Management or designee. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 1.1. Amendments.This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Conti-actor's Failure to perform the services specified in RFP No. III-0003-14. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure, if the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on three (3) business days written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's `Fax Guide, 2 Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. 'Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. 1° oti+ce.Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand-delivered and on the third day after- deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Assistant Director of Strategic Management P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor MGT of America Inc. Contact Travis Miller Address: 4009 Banister Lane Suite 265 City, Austin, TX, 78704 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. 'Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19, INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER FIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS" FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE 3 PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP, CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TOTHEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 20, Compensation. The City shall pay the contractor a not to exceed amount of$97,950. Price includes all travel and. per them expenses associated with providing the services. Monthly progress payment will be made as work is completed based on the hours completed and the actual expense incurred. SIGNED this day of 20 Contractor: MGT of America Inc. Name AREA HAR Ti PRES DENT/C CITY OF CORPUS CHRISTI ("CITY") Michael Barrera. Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: RFP No. BI-0003-14 Exhibit B: Proposer's Response to RFP No. BI-0003-14 4 d AGENDA MEMORANDUM Future Item for the City Council Meeting of September 10, 2013 co P©R it" Action Item for the City Council Meeting of September 24, 2013 DATE: September 19, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826-3729 Fred Segundo, Director of Aviation freds @cctexas.com, (361) 289-0171 Approval of Change Order No. 6 for Corpus Christi International Airport Runway 17-35 Extension/ Displacement and Connecting Taxiway Project CAPTION: Motion authorizing the City Manager, or designee, to execute Change Order No. 6 to the Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of$641,521.50 for a total restated fee not to exceed $14,370,427.09, for the Corpus Christi International Airport (CCIA) Runway 17-35 Extension/ Displacement and Connecting Taxiway Project. PURPOSE: To execute Change Order No. 6 for Corpus Christi International Airport Runway 17-35 Extension/Displacement and Connecting Taxiway Project with Bay Ltd. BACKGROUND AND FINDINGS: The construction contract for this project was awarded on September 11, 2012 to Bay Ltd. in the amount of $12,841,419.06. The project began construction on October 29, 2012, with an anticipated completion date of October 29, 2013. The project extended the existing 6,080 foot Runway 17 to the North 600 feet and provides high strength pavement that is capable of accommodating a full range of aircraft. The Federal Aviation Administration (FAA) approved design and work to be done under this project for the installation of various Navigational Aids (NAVAIDS) for the runway. This Change Order (No. 6) is necessary to reconcile pavement quantity over-runs and under-runs required to complete the project. In determining the bid quantities and pricing, the engineer used 3D AutoCAD to automatically compute the quantities. Some mis-information entered into the program caused inaccurate quantities to be calculated and those quantities were utilized in the bid proposal. This change order will reconcile these over-runs and under-runs and allow the asphalt portion of the project to be completed. This Change Order does not change the design or scope of work of the project, as intended, or the contract plans or specifications. It reconciles paving quantities that were generated by the AutoCAD-3D design program that were utilized on the proposal document for bidding purposes. ALTERNATIVES: 1. Execute Change Order No. 6 with Bay, Ltd. as proposed. 2. Do not Execute Change Order No. 6 with Bay, Ltd. as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; Texas Local Government Code §252.048 regarding Change Orders; FY 2013-2014 Airport Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Expenditures Future Fiscal Year: 2013-2014 (CIP only) Current Year Years TOTALS Additional Prior FAA Grant 4,449,081.38 4,449,081.38 Line Item Budget 3,893,000.00 10,383,000.00 14,276,000.00 TOTAL PROJECT BUDGET $8,342,081.38 $10,383,000.00 $18,725,081.38 Encumbered / Expended Amount 8,342,081.38 This item 641,521.50 $641,521.50 Future Anticipated Expenses This Project 8,065,273.54 8,065,273.54 BALANCE 0.00 $1,676,204.96 $1,676,204.96 Fund(s): Airport CIP Grants (3020) and Airport 2012 CO CIP (3026), CIP No. AV 03 Comments: The construction contract will be paid out of an FAA grant and a grant match. RECOMMENDATION: City Staff recommends executing Change Order No. 6 to the Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $641,521.50 for a total restated fee not to exceed $14,370,427.09, for the Corpus Christi International Airport Runway 17-35 Extension/ Displacement and Connecting Taxiway Project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map K:\ENGINEERING\MPRO IECT\COJNCILEXHIBITS\EXHE11046 Am r i , r o i / / r / r r ' /r= ri r ;,,, ,iii ir , / „=s/l .,.,,,, ,r, ,/r. ✓/. / /:. ��/ /, %,�,,, �orr/�//// / rr �, -��,'�%/iz DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET July 9, 2013 PROJECT: CCIA Runway 17/35 Extension/Displacement Connectivity Taxiways (Project No. E11046) APPROVED: City Council Ordinance 029621 on September 11, 2012 CONTRACTOR: Bay, Ltd. P.O. Box 9908 1414 Valero Way Corpus Christi, TX 78469-9908 TOTAL CONTRACT AMOUNT (September 11, 2012) $12,841,419.06 Ord. 029621 25% Limit Amount $3,210,354.77 Change Order No. 1 $30,405.15 Administrative Approval Change Order No. 2 $47,847.77 Administrative Approval Change Order No. 3 $49,684.14 Administrative Approval Change Order No. 4 $40,894.40 Administrative Approval Change Order No. 5 $718,655.07 Motion No. 2013-108 Change Order No. 6 $641,521.50 Total All Change Orders $1,529,008.03 11.91%<25% NEW CONTRACT PRICE $14,370,427.09 K:\Engineering\LEGISTAR\8-September 10\CCIA Runway 17-35 Extension and Displacement,Bay CO#6\Change Order Summary.docx CHANGE ORDER Department of Engineering Services City of Corpus Christi,Texas CHANGE ORDER 6 1"UNDING5OURCE: E11046(AP-138) CONTRACTTIME: .36,5 days Operating Department: Aviation DATE: July 23,2013 Name of Project: Runway 17-35 Runway Extension/his place2ient and Connecting Taxiway Project (I 1/05/201,3,j Pinson Road Draina e Improvements and North General Aviation Apron Items (04/26/201Y) Runway and NAVAIDS Items(08/01/2013) Contractor: Berry(r7ontracting,L11 dba Bay.,Ltd., P.O. Box 9808,Corpus Christi,Texas 78469 CHANGE ORDER ADD CO 6 ITEMS'TOTALED $641,521.50 Total: $641,521.50 Why was this change necessary? If left off the plans and specifications,explain This is a reconciliation of estimated paving qUantities versus actual re cried paving quantities and survey inconsistencies. [low can similar changes be avoided in the future? Tight r QA/QC,of,corm euter Tenerated quantities in areas of multi ple avin x sections/designs. CONTRACT Pinson Rd& No. Runway& G.A.Apron Item NAVAID Items A. CONTRACT $12,841,419.06 13. ro,rAl,CHANGE ORDERS (including/current) $1,529,008.03 NEW CONTRACT S 14,370,4220' 11 THIS CHANG E $641,521.50 E. PERCENT i,oTAL CHANGE(B/A) 11.910% ORIGINAL COMPLETION DATE 11/5/2013 4/2612013 8/1/2013 F. PREVIOUS ADDITIONAL TIM E AUTHORIZED 19 15.75 0 G ADDITIONAL TIME THIS CHANGE ORDER 0 6 75 H. REVISED COMPLETION DATE 11/24/201 5/18/2013 10/15/2013 Pr(ject Ma riapx -x CITY OF CORPUS CHRIST], CONTRACTOR B y: By: Director ofEngincering Services \j APPROVED: Title: Operating Department Dir.of Management& Budget Legal Department AUG 0 9 20B VMS p 4 EE -6 rr o 16 0 t o A 0 o rl E QM Fill V 2 IN din . . . . . . p iE . . . . c, as ENo . . . . . . . . . . . fa M O M IRS/ 00" u t c 0 w ati acv tar «y ON �4 � 4 4 4 4 'i 'i 4 4 'i 'i 4 0 ca w 0 W 2 00 � o 2 2 raM Z; Z; Z; w OC cy M Ke W 1. 0. m rff- V t2 E E E E V :1 7c E r 2 E E EZ E 12. al 6R,6 3 g a C3 0 0 0 15 1:1.0. Box 9908 1414 V.dero Way(78409) IBAYLtd. 0, Corpus Christi,Texws 78469-9908 ,Al BERRY Company Bus: (36 1) 693-2,100 July 24, 2013 Daniel Biles, P.E. Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469-9277 Re: Project Nos.: El 1046, El 1122, mid El 1123 Owner: City of Corpus Christi, TX Location: Corpus Christi International Airport Runway 17-3)5 Extension/ Displacement Connecting ']"axlway; Pinson Road Drainage Improvements and North General Aviation Apron Items Subject: Change Order 46 Bay Job No. 51-0972 Dear Daniel: Please find enclosed 4 signed copies of Change Order#6 for the above referenced project for the total amount of$641,521,50. Thank you and please feel free to call if you have any questions. Sincerely, Jon Lentz Estimating Manager JL/b1 Sflighway/51-097211,etter 34 Chmige Order#6 S,,Lfety M Qu,,iliry M Productivity 715e Winning Combinatio-`k PROJECT BUDGET Runway 17/35 Connecting Taxiways Project FUNDS AVAILABLE: Amount FAA Grant............................................................................................. $ 11,896,423.62 Airport CIP Reserves (match)........................................................................ 2,379,576.38 Sub-Total (CIP):........................................................................................ 14,276,000.00 Additional Prior FAA Grant............................................................................ 4,449,081.38 TOTAL PROJECT BUDGET......................................................................... $ 18,725,081.38 FUNDS REQUIRED: Construction (Bay LTD)................................................................................ 12,841,419.06 Change Orders 1 thru 5............................................................................... 887,486.53 Change Order No. 6................................................................................... 641,521.50 Engineer Fees: Engineer- Design (KSA Engineers, Inc.)*........................................................ 779,550.00 Construction Mgmt& Inspection, (KSA Engineers, Inc.)**.................................... 495,000.00 Geotechnical Eng and Materials Testing (KSA Engineers, Inc. / Rock Eng)**........... 150,000.00 Construction Inspection and Surveying (KSA Engineers, Inc. / LNV Eng)** ............. 355,000.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)............................... 321,035.48 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt).................................. 321,035.48 Finance Reimbursements............................................................................. 192,621.29 Misc. (Printing, Advertising, etc.).................................................................... 64,207.10 TOTAL $ 17,048,876.42 ESTIMATED GRANT BUDGET BALANCE $ 1,676,204.96 *Task Order No. 3 approved by City Council on May 17, 2011. **Amendment No. 9 approved by City Council on September 25, 2012, M2012-174 d AGENDA MEMORANDUM oaPOwR,k First Reading Ordinance for the City Council Meeting of September 24, 2013 2852 Second Reading Ordinance for the City Council Meeting of October 8, 2013 DATE: August 16, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(a)-cctexas.com 886-2604 Ordinance restricting use of wireless communications while driving CAPTION: Ordinance adding a new section 53-16 of the city code relating to restrictions on use of wireless communications while driving, creating an offense, providing for penalties, providing for severance, providing for publication, and providing for an effective date. PURPOSE: Revisions to the existing City Ordinance are needed in order to curtail the use of cellular phones while driving. BACKGROUND AND FINDINGS: A major part of distracted driving can be linked to the use of cellular devices while driving. Public meetings will be held on August 29 and September 17 to inform the public of this change. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends passing the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance. Ordinance Adding a new section 53-16 of the city code relating to restrictions on use of wireless communications while driving, creating an offense, providing for penalties, providing for severance, providing for publication, and providing for an effective date, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. Chapter 53 of the City of Corpus Christi Code of Ordinances is amended by adding a new Section 53-16 to read: Sec. 53-16. Use of wireless communications while driving. A. Definitions "Hands-free device" means speakerphone capability or a telephone attachment or other piece of equipment, regardless of whether permanently installed in the motor vehicle, that allows use of the wireless communication device without use of either of the operator's hands. "Park or Parked" shall mean for the operator to completely cease movement of a motor vehicle in a lawful manner and location. For purposes of this Section, "Parked" does not include or mean a vehicle stopped in a lane of traffic due to either a lawful traffic control device, or the conditions on the roadway, or traffic congestion patterns then existing. "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 U.S.C. § 332. B. An operator of a motor vehicle may not use a wireless communication device while operating a motor vehicle within the city limits. C. This section does not apply to an operator of a motor vehicle using a wireless communications device: 1. while the vehicle is parked; 2. that is affixed to the vehicle and used as a global positioning or navigation system; 3. that is used with a hands-free device; 4. who is an operator of an authorized emergency vehicle while acting in an official capacity; 5. who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device; or 6. while driving a motor vehicle on private property. C. It is an affirmative defense to prosecution of an offense under this section if a wireless communications device is used to make an emergency call to: (1) an emergency response service, including a rescue, emergency medical, or hazardous material response service; (2) a hospital; (3) a fire department; (4) a health clinic; (5) a medical doctor's office; (6) an individual to administer first aid treatment; or (7) a police department. D. A violation of this Section is a Class C misdemeanor punishable as provided in Section 1-6 of the Code of Ordinances. E. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation under this subsection is a strict liability offense. F. To the extent that this section conflicts with the Texas Transportation Code, this section does not apply. SECTION 2. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect immediately upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Go Ok' AGENDA MEMORANDUM • aAPOpA,Ea First Reading Ordinance for the City Council Meeting of September 24, 2013 1852 Second Reading Ordinance for the City Council Meeting of October 8, 2013 DATE: 8/30/2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR @cctexas.com 361-826-7205 Women, Infants and Children (WIC) grant FY 13 Approval of grant amendment to increase funding CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant amendment in the amount of $50,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Woman, Infants, and Children (WIC) Program. PURPOSE: The WIC's Grant amendment allows the Health District division to educate and help improve the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition-related risks. BACKGROUND AND FINDINGS: The special supplemental nutrition program for WIC is a health and nutrition program that improves the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition- related risks. This item approves an amendment to the contract with the DSHS to provide services at the Corpus Christi-Nueces County Public. Health District (CCNCPHD) to over 5,000 low income clients per month. The increase in funding is in the amount of $50,000 changing the total amount of funding from $918,909.00 to $968,909,00. No matching funds required. ALTERNATIVES: Discontinue WIC Program at the CCNCPHD OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: CCNCPHD Legal Finance-Federal Grants and office of management and budget FINANCIAL IMPACT: X Operating © Revenue u Capital a Not applicable Project to Date Fiscal Year: 2011- Expenditures 2012 (CIP only) Current Year Future Years TOTALS Line Item Budget $918,909 $ 918,909 Encumbered/ Expended Amount This item $50,000 $50,000 BALANCE $968,9091 $968,909 Fund(s):1066 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Contract No. 2013-042712 Ordinance WIC Letter of Amendment Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant amendment in the amount of $50,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Woman, Infants, and Children (WIC) Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate a grant amendment in the amount of$50,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds for the Women, Infants, and Children (WIC) Program. A copy of the executed amendment shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2013, 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 , 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor ' TEXAS DEPARTMENT OF STATE HEALTH SERVICES I loo West 49th Street•Austin,Texas 78756 P.O.Box 149347•Austin,Texas 78714-9347 DAVID L.LAKEY,M.D. I-888-963-71 It •wwwAs1is.state.tX.tis COMMISSIONER TDD: 1-800-735-2989 Letter of Amendment July 29, 2013 Ms. Christina Zamarripa, WIC Director LA#38, Corpus Christi-Nueces County Public Health District 1702 Horne Road Corpus Christi, TX 78416 Dear Ms. Zamarripa: The Corpus Christi-Nueces County Public Health District FY 2013 WIC contract will be amended to reflect a revision as detailed in the table below. This letter constitutes a formal contract amendment. Project Project Contact Currents �e Award Amount WIC Benny Jasso Funding benny.lasso Ca,dshs.state.tx.us $770,949.00 $50,000.00 $820,949.00 (512) 341-4573 This project amendment will be reflected in your contract"Not to Exceed" amount as shown below: ,.C�..,� �..ice „� ✓ ,. 4 ,SL O;. Current Contract Amended Amount Amended Amount Revised Contract"Not Amount Increase (Decrease) to Exceed"Amount $918,909.00 $50,000.00 $968,909.00 Funds are awarded with the understanding that any procurements using these funds will be in compliance with the Uniform Grants Management Standards (UGMS), WIC policies and 7 CFR Part 3016. This letter is approval for funding only. It does not relieve the agency from seeking additional approvals as required by WIC Policy. An Equal Employment Opportunity Employer and Provider Ms. Christina Zamarripa, WIC Director LA#38, Corpus Christi-Nueces County Public Health District July 29,2013 Page 2 In order for the State Agency to track these expenditures, please bill for each special project(s) listed above on a separate Mate of Texas Purchase Voucher(B-13). Label each voucher with the specific project name as well as allocations to Administrative (Admin), Nutrition Education (NE) and Breastfeeding(BF) costs. Vouchers without allocations listed will be applied toward Admin. For questions regarding funding decisions, please contact Benny Jasso, WIC Program, at(512) 341- 4573, or bennikjasso@dshs.state.tx.Lis. For questions regarding purchase requests, please contact Alisin Genfan, Contract Development and Support Branch, at(512) 776-3156 or alisin.�-,enfan @dshs.state.tx.us. Sincerely, Ray krzesniak, Acting Director Nutrition Services Section AG:klr An Equal Employment Opportunity Employer and Provider , r 1 ORG DEPARTMENT OF STATE HEALTH SERVICES COPY This contract, number 2013-042712 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CdRPUS CHRISTI-N UECES COUNTY PUBLIC H_ EA_LTH DISTRICT (CITY) (Contractor), a Government Entity,(collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract payment method is $442,380.00, and the a s shall p y ( ) be as specified in the Program Attachments. 3. Funding Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract,DSHS may restrict,reduce, or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 10/01/2012 and ends on 0313112013. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Forming Contract. The Contract consists of the following: a. Core Contract(this document) b. Program Attachments: 2013-042712-001 NSS/WIC LOCAL AGENCY c. General Provisions (Sub-recipient) d. Solicitation Document(s), and c. Contractor's response(s) to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92648-1 5 � r + 7. Conflictiniz Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document,if any. 8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received ender this Contract: Name: CITY OF CORPUS CHRISTI Address: VITAL RECORDS OFFICE ATTN TERE ESCALANTE CORPUS CHRISTI,TX 78469-9727 Vendor Identification Number: 17460005741027 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. 92648-1 4 By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) fi By: By: + Signature of Authorized Official Signature / 7 r/L // iel rte Date Date /? Bob Burnette, C.P.M., CTPM �,� Printed Name and Title Director, Client Services Contracting Unit lu l LA90A Address 1100 WEST 49TH STREET (bgxts TA �1 v AUSTIN,TEXAS 78756 City,`State,Zip (512)458-7470 _ LNI) gZ tQ°3Z 2 Telephone Number Bob.Burnette @dshs.state.tx.us E-mail Address for Official Correspondence 0M b 15 UKILL& sn...r fi (,VTAf 92648-1 s r CONTRACT NO. 2013-042712 PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO. 0000389057 CONTRACTOR: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) DSHS PROGRAM NSSfWIC LOCAL AGENCY TERM: 10/01/2012 THRU: 03/31/2013 SECTION I, STATEMENT OF WORK: Contractor shall administer the Department of State Health Services (DSHS) Special Supplemental Nutrition Program for Women, Infant, and Children (WIC) to provide supplemental food instruments, nutrition education, and counseling to enhance good health care at no cost to low-income pregnant and postpartum women, infants and children identified to be at nutritional risk. Contractor shall: A. Perform professional, administrative and clerical services necessary to determine eligibility, provide food instruments, and provide appropriate nutrition education and counseling to qualified women, infants and children in a specified geographic area, Contractor shall ensure adequate staff coverage and uninterrupted delivery of services. Services shall be performed according to the statutes, rules, policies, and directives of DSHS Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and/or as directed by the United States Department of Agriculture (USDA) as referenced in this Program Attachment. During the terra of this Program Attachment, USDA may issue regulations, instructions, policies and/or directives, which may be incorporated into the DSHS WIC Program Policy and Procedures Manual and program rules. B. Provide services within the state boundaries of Texas and in the approved clinic locations described in Contractor's application. C. Assist DSHS or USDA in the collection of data that will identify benefits of this nutrition intervention program and furnish financial, health, nutrition education and any other special reports in a timely manner as required by DSHS WIC Program's written Arles and policies for the compilation of such data. D. Determine eligibility of applicants through assessment of their categorical income, residence and nutritional status, and provide nutrition education and counseling to eligible participants. E. Appoint a Contractor WIC Director/Supervisor, F. Train Contractor's Local Agency staff. PROGRAM ATTACHMENT—Page 1 G. Submit the following reports/plans by the due date: 1. Monthly Incentive Funding Summary Report by the 15`x' day of the following month; and 2. WIC Local Agency Performance Measure Report by the 15t'' day of the following month. H. Conduct outreach to potential participants. I. Complete surveys as requested. J. Within five days of receiving a DSHS request for a Vendor Evaluation, Contractor shall contact vendor applicant to set up an appointment to conduct the evaluation. Contractor shall conduct on-site evaluation, completing WIC Vendor Evaluation Forms and fax/return forms to the DSHS no later than one business day after the on-site evaluation. K. Determine participants' access to health care, medical care and other human services, and make appropriate referrals. Contractor shall have a system in place to provide participants with appropriate health services or make appropriate referrals to health care providers under written agreements that ensure confidentiality of participants' personal information. L. Issue pre-numbered food instruments furnished by DSHS to qualified participants who shall use such instruments to obtain specified food items from participating vendors; maintain complete accountability and security of all food instruments received from DSHS. Contractor shall be held financially responsible for all unaccounted for food instruments and/or for the redeemed value of those issued to ineligible participants. In addition, Contractor shall be held financially liable for issuance of infant formula instruments that are not authorized or prescribed according to the WIC Policy and Procedures Manual. M. Permit DSHS or its agent to install a Very Small Aperture Terminal (VSAT) or equivalent telecommunications equipment at all Contractor WIC clinics and administrative offices using Texas-WIN software on a network or stand alone personal computer. Installation at all Contractor permanent WIC sites is required. VSAT or other telecommunications equipment installations for new sites or sites moving from one location to another requires a minimum of 45 days notice. N. Connect portable computers (notebook or laptop) that use Texas-WIN software daily to a (VSAT) or other DSHS provided-telecommunications access point to transfer data to and receive updates from DSHS. Daily is defined as Monday— Friday and Saturday if WIC services are provided. Portable computers may go to any of the Contractor's permanent WIC sites for data transfer. PROGRAM ATTACHMENT—Page 2 i O. Review the immunization records of WIC Program applicants/participants to ensure that immunizations are current. Make appropriate referrals to health care providers for necessary immunizations. P. Offer services during extended hours of operation outside the traditional times of 8:00 a.m. to 5:00 p.m., Monday through Friday, according to the Contractor's Annual Plan of Operations as approved by DSHS and incorporated by reference in this Program Attachment. Q. Implement or expand Contractor's Breastfeeding Peer Counseling program to provide training and salary of peer counselors who assist pregnant and breastfeeding WIC participants in normal breastfeeding situations. Funding for this activity will be contingent on availability and written approval by DSHS. R. Implement special projects according to DSHS-approved plan related to nutrition education, outreach or breastfeeding if project is requested by Contractor and approved by DSHS. Funding for special projects is contingent upon availability and approval in writing by DSHS of the Contractor's plan for the special project. S. Implement lactation services for WIC participants who have breastfeeding problems that are beyond the expertise of Contractor's local WIC staff and/or peer counselors using International Board Certified Lactation Consultants or the most qualified equivalent. Lactation services may also include Contractor's Local WIC Agency staff training and the provision of lactation equipment. DSHS will provide written approval of Contractor's plan to use lactation funding. Contractor's plan shall include qualifications of any non-board certified lactation consultant, which is included in the proposal. T. Ensure adequate staff coverage and uninterrupted delivery of WIC services if any member of Contractor's staff is approved in writing by DSHS to participate in the DSHS Dietetic Internship program. This internship will consist of no less than 1200 hours of supervised learning experiences in a variety of nutrition-related facilities and will prepare Contractor's selected staff member to better meet the needs of WIC participants. U. Stock DSHS-provided manual pumps, single-user electric breast pumps and multi-user electric breast pumps, collection kits, and purchase additional sized flanges. Distribute the appropriate pumps, kits, and/or additional sized flanges to eligible WIC participants. During the term of this Program Attachment, DSHS reserves the right to withhold payment if Contractor fails to accurately complete and submit breast pump receiving reports within three(3) business days of receiving a DSHS breast pump delivery. V. Implement or expand Contractor's use of a Registered Dietitian (RD) who is registered with the Commission on Dietetic Registration to provide for Contractor that includes, but not limited to: assistance with quality assurance, staff training, assistance with the Annual Nutrition Education and Breastfeeding plan, individual counseling for high-risk participants, and facilitated discussion classes. PROGRAM ATTACHMENT—Page 3 Contractor shall comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date of this Attachment as amended, including, but not limited to: 1. Uniform Federal Assistance Regulations, 7 CFR Parts 15, 15a, 15b, 246, 248, 3016, 3017 and 3018; 2. WIC Program and Farmers' Market Nutrition Program Rules, 25 Texas Administrative Code, §§ 31.11-31.37; and 3, Child Nutrition Act of 1966, as amended, 42 USC 1786. The following documents are incorporated by reference and made a part of this Program Attachment: 1. DSHS Stwidards for Public Health Clinic Services, revised August 2004, or latest revision; 2, USDA Food and Nutrition Service (FNS) Guidelines; 3. USDA FNS Instructions issued under the FNS Directives Management System; and 4. Current WIC Policy and Procedures Manual. Within thirty (30) days of receipt of an amended standard(s) or guideline(s), Contractor shall inform DSHS, in writing, if it shall not continue performance under this Program Attachment in compliance with the amended standard(s) or guideline(s), DSHS may terminate the Program Attachment immediately or within a reasonable period of time as determined by DSHS. All activities related to WIC, including timeframes, budget, and any revisions shall be approved by DSHS. SECTION II. PERFORMANCE MEASURES The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Program Attachment, without waiving the enforceability of any of the other terms of the contract. Contractor shall ensure: 1) An average of 95% of families a quarter who participate in DSHS WIC Program by receiving food instruments shall also receive nutrition education classes or individual counseling services to coincide with food instrument issuance; 2) Of all pregnant women who enter DSHS WIC Program, an average of 20% a quarter shall be certified as eligible during the period of the first trimester of their pregnancy; 3) An average of 85.5% of clients a quarter who are enrolled in the DSHS WIC Program, excluding dual participants, transfer locked and/or migrant clients, shall participate as food instrument recipients each month (breast-feeding infants are also included in the client count); and PROGRAM ATTACHMENT—Page 4 r r 4) 98% of participants who indicate during the enrollment process for the DSHS WIC Program that they have no source of health care shall be referred to at least one (1)source of health care at certification of eligibility. Contractor shall submit the WIC Local Agency Pelfonnance Measure Report which describes Contractor's efforts towards meeting performance measures. The report shall be in an approved format as provided by DSHS, and shall be completed and submitted to DSHS within fifteen (15) calendar days after the end of each month. SECTION III. SOLICITATION DOCUMENT: NIA SECTION IV. RENEWALS: DSHS may renew this contract for one renewal period if funds are available. SECTION V, PAYMENT METHOD: Cost reimbursement SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and Financial Status Reports (FSR) and submit by electronic mail to DSHS Contract Development and Support Branch at WicVouchers @dshs.state.tx.us SECTION.VII. BUDGET: SOURCE OF FUNDS: CFDA# 10.557.000; 10.557.013 DUNS NUMBER: 069457786 At] categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in accordance with the "Plan to Allocate Direct Costs" (PADC) submitted by Contractor and approved by the DSHS WIC Program. This document is incorporated herein by reference and made a part of this Program Attachment, Total reimbursements will not exceed: $442,380.00. SECTION VIII. SPECIAL PROVISIONS: General Provisions, Compliance and Reporting Article I, Section 1.07, Statutes and Standards of General Applicability, is hereby amended to include the following: Contractor shall comply with all provisions required by implementing the regulations of the Department of Agriculture, 7 CFR Part 246, 248; Department of Justice Guidelines for Enforcement of Title VI, Civil Rights Act of 1964; 28 CFR § 50,3 and 28 CFR Part 42; and Food & Nutrition Service (FNS) directives and guidelines, to the effect that no person will, on the grounds of race, color, national origin, sex, age, or disability be PROGRAM ATTACHMENT—Page 5 excluded from participation under any program or activity for which Contractor receives federal financial assistance from FNS; and hereby gives assurance that it shall immediately take measures necessary to implement this Program Attachment. Contractor shall compile data, maintain records and submit reports, as required, to permit effective enforcement of the nondiscrimination laws and permit authorized USDA and State of Texas personnel, during normal working hours, to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. The Department of Agriculture, Food and Nutrition Service (USDA), has the right to seek judicial enforcement if Contractor violates any nondiscrimination laws. This Assurance is binding on Contractor, its successors, transferees, and assignees, as long as they receive assistance or retain possession of any assistance from the Department of Agriculture. The person or persons whose signatures appear on the Core Contract are authorized to sign this Assurance on behalf of Contractor. Contractor shall comply with all of the requirements of the current WIC Policy and Procedures Manual and Program rules as well as state and federal laws and amendments governing or regulating the WIC Program. A copy of the current WIC Policy and Procedures Manual has been made available to Contractor. The WIC Policy and Procedures Manual, and all revisions made to the WIC Policy and Procedures Manual are incorporated into this Agreement by reference. Contractor has a duty to remain familiar with the contents within the WIC Policy and Procedures Manual. Contractor is responsible for ensuring that employees or agents acting on behalf of Contractor comply with all of the requirements of the WIC Policy and Procedures Manual, Program rules and all state and federal laws and amendments governing and regulating the WIC Program. General Provisions, Payment Methods and Restrictions Article IV, Section 4.01, Payment Methods, is hereby modified to include the following paragraphs: The participant caseload will be assigned by DSHS by giving written notice to Contractor. The participant caseload is subject to change upon written notice to Contractor from DSHS with Contractor's concurrence. Contractor assumes liability for all food costs resulting from Contractor exceeding its assigned caseload. The number of individuals served in excess of assigned caseload are not to be included in the calculation of earned administrative funds as described below. DSHS will reimburse Contractor for administrative costs incurred when determining eligibility, providing appropriate nutrition education and counseling, issuing food instruments, making participant referrals, vendor evaluation, outreach, start-up costs and general administrative support. Administrative costs will be reimbursed based on actual costs, but not to exceed the "maximum reimbursement" set out below, based upon the sum of the participants who actually receive food instruments each month plus infants who do not receive any food PROGRAM ATTACHMENT—Page 6 instruments whose breastfeeding mothers were participants to the extent that the total so derived does not exceed Contractor's total assigned caseload within any given month. Surplus funds (the amount by which maximum reimbursements exceed actual costs) can be accumulated and carried forward within the Program Attachment term. Surplus encumbered by September 30 shall be billed and vouchers received by DSHS no later than sixty(60) calendar days following the term of the Program Attachment. PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT: During the term of the Program Attachment, Contractor shall earn administrative funds at the rate of$12.93 for each participant served as defined above. DSHS may pay for additional goods or services as specified in this Attachment if provided by Contractor during the term of this Attachment (but not otherwise paid during the term of this Attachment) if it is in the best interest of DSHS to do so, and funds are available. The Contractor will be notified if a change in funding occurs and will have thirty (30) days to provide written notice to the DSHS if it intends to terminate this Program Attachment. Contractor agrees that: (1) Contractor shall identify and document separately not less than 19% of total administrative costs as expenditures directly related to nutrition education and counseling. Nutrition education and counseling expenditures shall be supported by documentation of participant attendance or non-attendance within the DSHS WIC Program. (2) DSHS will reimburse Contractor for administrative expenses at a rate not greater than 5.26 times the amount of properly documented expenditures for nutrition education and counseling, but not more than is earned based on actual participation not to exceed Contractor's assigned participant caseload, plus any incentive funds allocated to Contractor by DSHS. (3) DSHS will limit (cap) reimbursement of Contractor's indirect costs at twenty (20) percent applied to Contractor's total direct salaries plus benefits reimbursed by DSHS. (4) DSHS will identify annually to Contractor an amount of funds that shall be spent for breastfeeding promotion. The allocation of breastfeeding funds to Contractor will be based on Contractor's proportional share of the statewide combined total of pregnant and breastfeeding participants as reported to DSHS WIC Program. (5) DSHS WIC Program also reserves the right to withhold a proportionate amount of earned administrative funds when evidence exists that nutrition education and/or PROGRAM ATTACHMENT--Page 7 breastfeeding promotion is not being provided by Contractor, or Contractor is not complying with the provisions of USDA and/or DSHS directives. (6) DSHS reserves the right to utilize a competitive offering for the award of any future contracts at the end of the term of this Program Attachment. (7) DSHS may amend or terminate this Program Attachment if available funds become reduced, depleted, or unavailable during the term of the Program Attachment to the extent that the WIC Program is unable to provide administrative funding at the ratc(s) stated in this Program Attachment. DSHS will provide written notification to Contractor of such fact. (8) DSHS may pay for additional services as specified in this Program Attachment if provided by Contractor during the term of this Program Attachment (but not otherwise paid during the term of this Program Attachment) if it is in the best interest of DSHS and DSHS WIC Program to do so. If Contractor exceeds the amount of earned administrative funds as stated above, Contractor shall continue to bill DSHS for the services provided. If additional funds become available at a later date for the provision of these services, DSHS WIC Program may pay Contractor a share of these funds. (9) DSHS may provide incentives to Contractor's Local WIC Agencies for participants who are provided WIC services outside the normal traditional hours to the extent that federal funding is available. (10) During the term of this Program Attachment, DSHS may adjust the base reimbursement rate as defined in this Program Attachment if it is in the best interest of DSHS and the DSHS WIC Program and if administrative WIC Grant funds change. Contractor shall indicate separately on the face of the claim for reimbursement (State of Texas Purchase Voucher, Form B-13) the costs associated with nutrition education, breast-feeding, and other administrative costs. General Provisions, Payment Methods and Restrictions Article IV, Section 4.04, Working Capital Advance, is not applicable to this Program Attachment. However, Contractor will be allowed the option of receiving a two (2) month cash advance in accordance with WIC Program Policy and Procedures. General Provisions, Records Retention Article VIII, Section 8.01, Retention shall be replaced with the following: Recordkeeping requirements. Contractor shall maintain full and complete records concerning Program operations. Such records shall comply with 7 CFR Part 3016 and the following requirements: PROGRAM ATTACHMENT--Page 8 (1) Records shall include, but not be limited to, information pertaining to financial operations, food delivery systems, food instrument issuance and redemption, equipment purchases and inventory, certification, nutrition education, civil rights and fair hearing procedures. (2) All records shall be retained for a minimum of three years following the date of submission of the final expenditure report for the period to which the report pertains. If any litigation, claim, negotiation, audit or other action involving the records has been started before the end of the three-year period, the records shall be kept until all issues are resolved, or until the end of the regular three-year period, whichever is later. If USDA deems any of the WIC program records to be of historical interest, it may require DSHS or the Contractor to forward such records to the USDA whenever either entity is disposing of them. (3) Records for nonexpendable property acquired in whole or in part with WIC program funds shall be retained for three years after its final disposition. (4) All records shall be available during normal business hours for representatives of the USDA, DSHS and the Comptroller General of the United States to inspect, audit, and copy. Any reports or other documents resulting from the examination of such records that are publicly released may not include confidential applicant of participant information. General Provisions, Notice Requirements Article X, Section 10.01, Child Abuse Reporting Requirement, is hereby amended to include the following: If Contractor chooses to interview a client to determine if an affirmative defense to prosecution exists, as defined by DSHS, which would allow them under the DSHS policy to not make a report of child abuse, the Contractor shall conduct these interviews in the following manner: • For ineligible clients, the interview shall be conducted after the entire WIC visit is done. For eligible clients, the interview may occur at the point in time when all WIC activities, including communication of eligibility and individual counseling, are completed with the exception of food instrument issuance. • The interview shall be conducted only by a competent authority or a supervisor and in a confidential setting. • Prior to asking the client any questions, the interviewer shall inform the client that the questions have no bearing on the client's WIC eligibility and receipt of services. General Provisions, General Business Operations of Contactor Article XII, Section 12,02, Management and Cont•oI Systems, Item a, regarding internal budgeting and Item c, regarding billing, collection, and fee schedules are not applicable to this Program Attachment. General Provisions, General Business Operations of Contractor Article XII, Section 12.06, Overtime Compensation, is not applicable to this Program Attachment. PROGRAM ATTACHMENT—Page 9 General Provisions, General Business Operations of Contractor Article XII, the last three sentences of Section 12.20, Equipment (including Controlled Assets) Purellases, are not applicable to this Program Attachment. General Provisions, General Business Operations of Contractor Article X1I, Section 12.23, Property Inventory and Protection of Assets,is amended to include the following: Contractor shall also maintain an inventory of equipment and designated reportable assets placed in the custody of the Contractor by DSHS, Contractor shall submit an annual cumulative report to DSHS Property Management Group in a format and upon a delivery date designated by DSHS. Contractor shall administer a program of maintenance, repair and protection of assets under this Contract so as to assure their full availability and usefulness. In the event Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assess provided under this Contract, it shall use the proceeds to repair or replace said assets, General Provisions, General Business Operations of Contractor Article XII, Section 12.26, Property Acquisitions, is not applicable to this Program Attachment. General Provisions, General Terms Article XIII, Section 13.15, Amendment, is replaced with the following: The Parties agree that the Department may unilaterally reduce funds pursuant to the terms of this Contract. Parties agree that this attachment may be amended during its term by Letters of Amendment to reflect funds awarded for special projects and to more accurately align the total Not To Exceed amount with funds the contractor may earn by contract performance. All other amendments to this Contract must be in writing and agreed to by both Parties, except as otherwise specified in the Contractor's Notification of Change to Certain Contract Provisions section or the Contractor's Request for Revision to Certain Contract Provisions section of this Article. Contractor's request for certain budget revisions or other amendments must be submitted in writing, including a justification for the request, to the contract manager assigned to the Program Attachment; and if a budget revision or amendment is requested during the last quarter of the Contract or Program Attachment term, as applicable, Contractor's written justification must include a reason for the delay in making the request. Revision or other amendment requests may be granted at the discretion of DSHS. Except as otherwise provided in this Article, Contractor shall not perform or produce, and DSHS will not pay for the performance or production of, different or additional goods, services, work or products except pursuant to an amendment of this Contract that is executed in compliance with this section; and DSHS will not waive any term, covenant, or condition of this Contract unless by amendment or otherwise in compliance with this Article. PROGRAM ATTACHMENT—Page 10 T, Fiscal Year 2013 Department of State Health Services Contract General Provisions (Core/5ubrecipient) ARTICLE I COMPLIANCE AND REPORTING...............................................................................................5 Section 1.01 Compliance with Statutes and Rules. .........................................................................................5 Section 1.02 Compliance with Requirements of Solicitation Document. .....................................................5 Section 1.03 Reporting. .....................................................................................................................................5 Section 1.04 Client Financial Eligibility. .........................................................................................................5 Section 1.05 Applicable Contracts Law and Venue for Disputes. .................................................................5 Section 1.06 Applicable Laws and Regulations Regarding Funding Sources. .............................................5 Section 1.07 Statutes and Standards of General Applicability. ....................................................................6 Section 1.08 Applicability of General Provisions to Interagency and Interlocal Contracts.........................7 Section 1.09 Civil Rights Policies and Complaints. ........................................................................................8 Section 1.10 Licenses,Certifications,Permits,Registrations and Approvals. .............................................8 Section 1.11 Funding Obligation. ....................................................................................................................9 ARTICLEII SERVICES..........................................................................................................................................9 Section 2.01 Education to Persons in Residential Facilities. .........................................................................9 Section 2.02 Disaster Services. .........................................................................................................................9 Section 2.03 Consent to Medical Care of a Minor. .........................................................................................9 Section 2.04 Telemedicine Medical Services. ..................................................................................................9 Section 2.05 Fees for Personal Health Services..............................................................................................10 Section 2.06 Cost Effective Purchasing of Medications. ..............................................................................10 Section 2.07 Services and Information for Persons with Limited English Proficiency...............................10 ARTICLEIII FUNDING.........................................................................................................................................10 Section 3.01 Debt to State and Corporate Status. ........................................................................................10 Section 3.02 Application of Payment Due. ....................................................................................................10 Section 3.03 Use of Funds. ..............................................................................................................................10 Section 3.04 Use for Match Prohibited. .........................................................................................................11 Section3.05 Program Income. .......................................................................................................................11 Section3.06 Nonsupplanting. .........................................................................................................................11 ARTICLE IV PAYMENT METHODS AND RESTRICTIONS..........................................................................11 Section 4.01 Payment Methods. .....................................................................................................................11 Section4.02 Billing Submission. ....................................................................................................................11 Section4.03 Final Billing Submission. ..........................................................................................................11 Section 4.04 Working Capital Advance. .......................................................................................................12 Section 4.05 Financial Status Reports(FSRs). .............................................................................................12 Section4.06 Third Party Payors. ...................................................................................................................12 ARTICLE V TERMS AND CONDITIONS OF PAYMENT..............................................................................12 Section 5.01 Prompt Payment. .......................................................................................................................12 Section 5.02 Withholding Payments. .............................................................................................................12 Section 5.03 Condition Precedent to Requesting Payment. .........................................................................13 Section 5.04 Acceptance as Payment in Full. ................................................................................................13 ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS...........................................................13 Section 6.01 Allowable Costs. .........................................................................................................................13 Section 6.02 Independent Single or Program-Specific Audit. .....................................................................14 Section6.03 Submission of Audit. ................................................................................................................14 ARTICLE VII CONFIDENTIALITY.................................................................................................................15 Section 7.01 Maintenance of Confidentiality. ...............................................................................................15 Section 7.02 Department Access to PHI and Other Confidential Information..................................15 General Provisions(Core,Subrecipient)2013 Rev. 7112 1 Fiscal Year 2013 Department of State Health Services Contract General Provisions (Core/Subrecipient) Section 7.03 Exchange of Client-Identifying Information.............................................................................15 Section7.04 Security of Patient or CIient Records. .....................................................................................15 Section 7.05 HIV/AIDS Model Workplace Guidelines. ...............................................................................15 ARTICLE VIII RECORDS RETENTION...........................................................................................................15 Section8.01 Retention. ...................................................................................................................................15 ARTICLE IX ACCESS AND INSPECTION.........................................................................................................16 Section 9.01 Access. .........................................................................................................................................16 Section 9.02 State Auditor's Office. ...............................................................................................................16 Section 9.03 Responding to Deficiencies. ......................................................................................................16 ARTICLE X NOTICE REQUIREMENTS..........................................................................................................17 Section 10.01 Child Abuse Reporting Requirement. .....................................................................................17 Section 10.02 Significant Incidents. .................................................................................................................17 Section 10.03 Litigation. ...................................................................................................................................17 Section 10.04 Action Against the Contractor. ................................................................................................17 Section 10.05 Insolvency. ..................................................................................................................................17 Section 10.06 Misuse of Funds and Performance Malfeasance. ....................................................................18 Section 10.07 Criminal Activity and Disciplinary Action. .............................................................................18 Section 10.08 Retaliation Prohibited. ..............................................................................................................18 Section 10.09 Documentation. ..........................................................................................................................I8 ARTICLE XI ASSURANCES AND CERTIFICATIONS....................................................................................18 Section 11.01 Certification. ..............................................................................................................................18 Section 11.02 Child Support Delinquencies. ...................................................................................................19 Section11.03 Authorization. ............................................................................................................................19 Section 11.04 Gifts and Benefits Prohibited. in connection with this Contract............................................19 Section 11.05 Ineligibility to Receive the Contract. .......................................................................................20 Section11.06 Antitrust. ....................................................................................................................................20 Section 11.07 Initiation and Completion of Work. .........................................................................................20 ARTICLE XII GENERAL BUSINESS OPERATIONS OF CONTRACTOR....................................I....I......20 Section 12.01 Responsibilities and Restrictions Concerning Governing Body,Officers and Employees. .20 Section 12.02 Management and Control Systems. .........................................................................................21 Section12.03 Lisurance. .................................................................................. .............................................21 Section12.04 Fidelity Bond. .............................................................................................................................21 Section 12.05 Liability Coverage. ....................................................................................................................21 Section 12.06 Overtime Compensation. ..........................................................................................................22 Section12.07 Program Site. .............................................................................................................................22 Section 12.08 Cost Allocation Plan. .................................................................................................................22 Section12.09 No Endorsement..........................................................................................................................22 Section 12.10 Historically Underutilized Businesses(HUBs)..........................................................................22 Section12.11 Buy Texas. ..................................................................................................................................23 Section 12.12 Contracts with Subrecipient and Vendor Subcontractors. ....................................................23 Section12.13 Status of Subcontractors. ..........................................................................................................23 Section 12.14 Incorporation of Terms in Subrecipient Subcontracts. ..........................................................23 Section 12.15 Independent Contractor. ...........................................................................................................24 Section12.16 Authority to Bind. ......................................................................................................................24 Section 12.17 Tax Liability. ..............................................................................................................................24 Section 12.18 Notice of Organizational Change. ............................................................................................24 Section12.19 Quality Management. ................................................................................................................24 Section 12.20 Equipment(Including Controlled Assets). ..............................................................................24 Section12.21 Supplies. ......................................................................................................................................24 General Provisions(Core Subrecipient)2013 Rev. 7112 2 Fiscal Year 2013 Department of State Health Services Contract General Provisions (Core/S ub recipient) Section 12.22 Changes to Equipment List. .....................................................................................................25 Section 12.23 Property Inventory and Protection of Assets. .........................................................................25 Section 12.24 Bankruptcy. ................................................................................................................................25 Section12.25 Title to Property. .......................................................................................................................25 Section 12.26 Property Acquisitions. ...............................................................................................................25 Section 12.27 Disposition of Property. ............................................................................................................25 Section 12.28 Closeout of Equipment. .............................................................................................................26 Section 12.29 Assets as Collateral Prohibited. ................................................................................................26 ARTICLE XIII GENERAL TERMS........................................................................................................I...........26 Section13.01 Assignment...................................................................................................................................26 Section 13.02 Lobbying. ....................................................................................................................................26 Section 13.03 Conflict of Interest. ..................................................................................................................26 Section 13.04 Transactions Between Related Parties. ....................................................................................27 Section 13.05 Intellectual Property. .................................................................................................................27 Section 13.06 Other Intangible Property. .......................................................................................................28 Section 13.07 Severability and Ambiguity. .....................................................................................................28 Section 13.08 Legal Notice. ...............................................................................................................................28 Section 13.09 Successors. ..................................................................................................................................28 Section 13.10 Headings. ....................................................................................................................................28 Section13.11 Parties. ........................................................................................................................................28 Section 13.12 Survivability of Terms. ..............................................................................................................28 Section 13.13 Direct Operation. .......................................................................................................................29 Section 13.14 Customer Service Information. ................................................................................................29 Section13.15 Amendment. ...............................................................................................................................29 Section 13.16 Contractor's Notification of Change to Certain Contract Provisions. ..................................29 Section 13.17 Contractor's Request for Revision of Certain Contract Provisions. .....................................29 Section13.18 Immunity Not Waived. ..............................................................................................................30 Section 13.19 Hold Harmless and Indemnification. .......................................................................................30 Section 13.20 Waiver. .......................................................................................................................................30 Section 13.21 Electronic and Information Resources Accessibility and Security Standards. ...................30 Section13.22 Force Majeure. ...........................................................................................................................31 Section13.23 Interim Contracts. .....................................................................................................................31 Section 13.24 Cooperation and Communication. ...........................................................................................31 ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE........................31 Section 14.01 Actions Constituting Breach of Contract. ...............................................................................31 Section 14.02 General Remedies and Sanctions. ............................................................................................32 Section 14.03 Notice of Remedies or Sanctions. .............................................................................................33 Section14.04 Emergency Action. ....................................................................................................................34 ARTICLE XV CLAIMS AGAINST THE DEPARTMENT.............................................................................34 Section 15.01 Breach of Contract Claim. ........................................................................................................34 Section15.02 Notice. .........................................................................................................................................34 Section 15.03 Sole Remedy. ..............................................................................................................................34 Section 15.04 Condition Precedent to Suit. .....................................................................................................34 Section 15.05 Performance Not Suspended. ...................................................................................................34 ARTICLE XVI TERMINATION AND TEMPORARY SUSPENSION...........................................................35 Section 16.01 Expiration of Contract or Program Attachment(s). ...............................................................35 Section 16.02 Effect of Termination. Contract. .............................................................................................35 Section 16.03 Acts Not Constituting Termination. .........................................................................................35 Section 16.04 Termination or Temporary Suspension Without Cause..........................................................35 Section16.05 Termination For Cause. ............................................................................................................36 General Provisions (Core Subrecipient)2013 Rev. 7112 3 Fiscal Year 2013 Department of State Health Services Contract General Provisions (Core/Subrecipxent) Section16.06 Notice of Termination. ..............................................................................................................37 ARTICLE XVII VOID,SUSPENDED,AND TERMINATED CONTRACTS..................................................37 Section 17.01 Void Contracts. ..........................................................................................................................37 Section 17.02 Effect of Void,Suspended,or Involuntarily Terminated Contract. ......................................37 Section 17.03 Appeals Rights. ..........................................................................................................................37 ARTICLEXVIII CLOSEOUT...............................................................................................................................37 Section 18.01 Cessation of Services At Closeout. ...........................................................................................37 Section18.02 Administrative Offset. ...............................................................................................................37 Section 18.03 Deadline for Closeout. ...............................................................................................................37 Section18.04 Payment of Refunds. .................................................................................................................38 Section 18.05 Disallowances and Adjustments. ..............................................................................................38 General Provisions(Core Subrecipient)2013 Rev.7112 � ARTICLE I COMPLIANCE AND REPORTING Section 1.01 Compliance with Statutes and Rules, Contractor shall comply,and shall require its subcontractor(s)to comply, with the requirements of the Department's rules of general applicability and other applicable state and federal statutes,regulations,rules,and executive orders,as such statutes,regulations, rules, and executive orders currently exist and as they may be lawfully amended. The Department rules are located in the Texas Administrative Code,Title 25 (Rules). To the extent this Contract imposes a higher standard,or additional requirements beyond those required by applicable statutes,regulations,rules or executive orders, the terms of this Contract will control. Contractor further agrees that, upon notification from DSHS, Contractor shall comply with the terms of any contract provisions DSHS is required to include in its contracts under legislation effective at the time of the effective date of this Contract or during the term of this Contract. Section 1.02 Compliance with Requirements of Solicitation Document. Except as specified in these General Provisions or the Program Attachment(s),Contractor shall comply with the requirements,eligibility conditions,assurances,certifications and program requirements of the Solicitation Document,if any, (including any revised or additional terms agreed to in writing by Contractor and DSHS prior to execution of this Contract)for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon Contractor's response to the Solicitation Document. The Parties agree that any misrepresentation contained in Contractor's response to the Solicitation Document constitutes a breach of this Contract. Section 1.03 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and shall provide any other information requested by the Department in the format required by DSHS.Failure to submit any required report or additional requested information by the due date specified in the Program Attachment(s)or upon request constitutes a breach of contract,may result in delayed payment and/or the imposition of sanctions and remedies,and,if appropriate,emergency action; and may adversely affect evaluation of Contractor's future contracting opportunities with the Department. Section 1.04 Client Financial Eligibility. Where applicable,Contractor shall use financial eligibility criteria,financial assessment procedures and standards developed by the Department to determine client eligibility. Section 1.05 Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation,performance,interpretation, and any issues that may arise in any dispute between the Parties, this Contract will be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties,venue for any suit will be Travis County,Texas. Section 1.06 Applicable Laws and Regulations Regarding Funding Sources. Where applicable,federal statutes and regulations,including federal grant requirements applicable to funding sources,will apply to this Contract. Contractor agrees to comply with applicable laws,executive orders,regulations and policies,as well as Office of Management and Budget(OMB)Circulars(as codified in Title 2 of the Code of Federal Regulations),the Uniform Grant and Contract Management Act of 1981 (UGMA),Tex. Gov.Code Chapter 783,and Uniform Grant Management Standards(UGMS),as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts,Texas Procurement and Support Services Division.UGMA and UGMS can be located through web Iinks on the DSHS website at litter//www,dshs.state.tx.us/contracts/links.slitni. Contractor also shall comply with all applicable federal and state assurances contained in UGMS,Part 111,State Uniform Administrative Requirements for Grants and Cooperative Agreements §_.14. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule,and the U.S. Health and Human Services Grants Policy Statement,both of which may be General Provisions(Core Subrecipient)2013 Rev. 7112 5 located through web links on the DSHS website at http://www.dshs.state.tx.us/contracts/iiiiks.slitTii. For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Section 1.07 Statutes and Standards of General Applicability. Contractor is responsible for reviewing and complying with all applicable statutes,rules,regulations,executive orders and policies. To the extent applicable to Contractor,Contractor shall comply with the following: a) the following statutes,rules,regulations, and DSHS policy(and any of their subsequent amendments) that collectively prohibit discrimination,exclusion from or limitation of participation in programs, benefits or activities or denial of any aid,care, service or other benefit on the basis of race,color, national origin,limited English proficiency,sex,sexual orientation(where applicable), disabilities,age, substance abuse,political belief or religion: 1)Title VI of the Civil Rights Act of 1964,42 USC§§[.) 2000d et seq.;2)Title IX of the Education Amendments of 1972,20 USC §[I❑§ 1681-1683, and 1685-1686; 3)Section 504 of the Rehabilitation Act of 1973,29 USC§794(a);4)the Americans with Disabilities Act of 1990,42 USC§§❑ 12101 et seq.; 5)Age Discrimination Act of 1975,42 USC§00§ 6101-6107;6)Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970,42 USC§❑ 290dd(b)(1);7)45 CFR Parts 80, 84,86 and 91; 8)U.S. Department of Labor,Equal Employment Opportunity E.O. 11246; 9)Tex,Lab, Code Chapter 21; 10)Food Stamp Act of 1977 (7 USC§ 200 ct seq.; 11)Executive Order 13279,45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; 12) Drug Abuse Office and Treatment Act of 1972,21 USC§§ 1101 et seq.,relating to drug abuse; 13) Public Health Service Act of 1912,§§❑ 523 and 527,42 USC§H 290dd-2,and 42 CFR Part 2, relating to confidentiality of alcohol and drug abuse patient records; 14)Title VIII of the Civil Rights Act of 1968,42 USC §§3601 et seq.,relating to nondiscrimination in housing; and 15)DSHS Policy AA-5018,Nan-discrimination Policy for DSHS Programs; b) Immigration Reform and Control Act of 1986,8 USC§ 1324a, and Irinrigration Act of 1990, 8 USC 1101 et seq.,regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; c) Pro-Children Act of 1994,20 USC §§6081-6084,and the Pro-Children Act of 2001,20 USC§ 7183, regarding the non-use of all tobacco products; d) National Research Service Award Act of 1971,42 USC §§❑ 289a-1 et seq.,and 6601 (PL 93-348 and PL 103-43),regarding human subjects involved in research; e) Hatch Political Activity Act, 5 USC§§[J❑ 1501-1508 and 7324-28,which limits the political activity of employees whose employment is funded with federal funds; f) Fair Labor Standards Act,29 USC§§201 et seq.,and the Intergovernmental Personnel Act of 1970, 42 USC§§4701 et seq.,as applicable,concerning minimum wage and maximum hours; g) Tex. Gov. Code Chapter 469,pertaining to eliminating architectural barriers for persons with disabilities; h) Texas Workers' Compensation Act,Tex.Lab. Code Chapters 401-406 and 28 Tex. Admin.Code Part 2,regarding compensation for employees' injuries; i) The Clinical Laboratory Improvement Amendments of 1988,42 USC§ 263a,regarding the regulation and certification of clinical laboratories; j) The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens,29 CFR § 1910.1030, or Title 25 Tex.Admin. Code Chapter 96 regarding safety standards for handling blood borne pathogens; k) Laboratory Animal Welfare Act of 1966,7 USC§§2131 et seq.,pertaining to the treatment of laboratory animals; 1) environmental standards pursuant to the following: 1)Institution of environmental quality control measures under the National Environmental Policy Act of 1969,42 USC §§ 4321-4347 and Executive Order 11514(35 Fed.Reg.4247),"Protection and Enhancement of Environmental Quality;"2) General Provisions(Core Subrecipient)2013 Rev. 7112 6 Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32),"Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts,Grants,or Loans;"3)Protection of wetlands pursuant to Executive Order 11990,42 Fed.Reg.26961;4)Evaluation of flood hazards in floodplains in accordance with Executive Order 11988,42 Fed. Reg.26951 and,if applicable,flood insurance purchase requirements of Section 102(a) of the FIood Disaster Protection Act of 1973 (PL 93-234); 5)Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC§§ 1451 et seq.; 6)Federal Water Pollution Control Act,33 USC §1251 et seq.;7)Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,42 USC §§ 300f-300j; 8)Protection of endangered species under the Endangered Species Act of 1973, 16 USC§§ 1531 et seq.;9) Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955,42 USC§§7401 et seq.; 10)Wild and Scenic Rivers Act of 1968(16 USC§§ 1271 et seq.)related to protecting certain rivers system;and 11)Lead-Based Paint Poisoning Prevention Act (42 USC§§4801 et seq,)prohibiting the use of lead-based paint in residential construction or rehabilitation; m) Intergovernmental Personnel Act of 1970(42 USC §§4278-4763)regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration (5 CFR Part 900,Subpart F); n) Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(PL 91-646),relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs; o) Davis-Bacon Act(40 USC§§276a to 276a-7), the Copeland Act(40 U.S.C. §276c and 18 USC§ 874),and the Contract Work Hours and Safety Standards Act(40 USC§§ 327-333),regarding labor standards for federally-assisted construction subagreements; p) National Historic Preservation Act of 1966, §106(16 USC§470),Executive Order 11593,and the Archaeological and Historic Preservation Act of 1974(16 USC§§469a-1 et seq.)regarding historic property to the extent necessary to assist DSHS in complying with the Acts; q) financial and compliance audits in accordance with Single Audit Act Amendments of 1996 and OMB Circular No.A-133,"Audits of States,Local Governments, and Non-Profit Organizations;" r) Trafficking Victims Protection Act of 2000,Section 106(g) (22 USC §7104); s) Executive Order,Federal Leadership on Reducing Text Messaging While Driving, October 1,2009,if required by a federal funding source of the Contract; and t) requirements of any other applicable state and federal statutes,executive orders,regulations,rules and policies. If this Contract is funded by a federal grant or cooperative agreement, additional state or federal requirements found in the Notice of Grant Award are imposed on Contractor and incorporated herein by reference. Contractor may obtain a copy of any applicable Notice of Grant Award from the contract manager assigned to the Program Attachment. Section 1.08 Applicability of General Provisions to Interagency and Interlocal Contracts. Certain sections or portions of sections of these General Provisions will not apply to Contractors that are State agencies or units of local government;and certain additional provisions will apply to such Contractors. a) The following sections or portions of sections of these General Provisions will not apply to interagency or interlocal contracts: 1) Hold Harmless and Indemnification, Section 13.19; 2) Independent Contractor,Section 12.15 (delete the third sentence in its entirety;delete the word "employees"in the fourth sentence;the remainder of the section applies); 3) Insurance,Section 12.03; 4) Liability Coverage,Section 12.05; 5) Fidelity Bond,Section 12.04; General Provisions (Core Subrecipient)2013 Rev. 7112 7 6) Historically Underutilized Businesses,Section 12.10(Contractor, however,shall comply with HUB requirements of other statutes and rules specifically applicable to that entity); 7) Debt to State and Corporate Status,Section 3.01; 8) Application of Payment Due,Section 3.02; and 9) Article XV Claims against the Department(This Article is inapplicable to interagency contracts only). b) The following additional provisions will apply to interagency contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interagency Cooperation Act,Tex. Gov. Code Chapter 771; 2) The Parties hereby certify that(1)the services specified are necessary and essential for the activities that are properly within the statutory functions and programs of the affected agencies of State government;(2) the proposed arrangements serve the interest of efficient and economical administration of the State government;and(3) the services,supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of the State of Texas to be supplied under contract given to the lowest responsible bidder;and 3) DSHS certifies that it has the authority to enter into this Contract granted in Tex. Health&Safety Code Chapter 1001,and Contractor certifies that it has specific statutory authority to enter into and perform this Contract. e) The following additional provisions will apply to interlocal contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act,Tex. Gov. Code Chapter 791; 2) Payments made by DSHS to Contractor will be from current revenues available to DSHS; and 3) Each Party represents that it has been authorized to enter into this Contract. d) Contractor agrees that Contract Revision Requests(pursuant to the Contractor's Request for Revision to Certain Contract Provisions section),when signed by a duly authorized representative of Contractor,will be effective as of the effective date specified by the Department,whether that date is prior to or after the date of any ratification by Contractor's governing body. Section 1.09 Civil Rights Policies and Complaints. Upon request, Contactor shall provide the Health and Human Services Commission(HHSC)Civil Rights Office with copies of all Contractor's civil rights policies and procedures. Contractor shall notify HHSC's Office of Civil Rights of any civil rights complaints received relating to performance under this Contract no more than ten(10)calendar days after Contractor's receipt of the claim. Notice must be directed to— HHSC Civil Rights Office 701 W. 51st St.,Mail Code W206 Austin,Texas 78751 Toll-free phone(888) 388-6332 Phone(512)438-4313 TTY Toll-free(877)432-7232 Fax(512)438-5885 Section 1.10 Licenses,Certifications,Permits,Registrations and Approvals. Contractor shall obtain and maintain all applicable licenses,certifications,permits,registrations and approvals to conduct its business and to perform the services under this Contract. Failure to obtain or any revocation,surrender,expiration, non-renewal,inactivation or suspension of any such license,certification,permit,registration or approval constitutes grounds for termination of this Contract or other remedies the Department deems appropriate. Contractor shall ensure that all its employees,staff and volunteers obtain and maintain in active status all licenses,certifications,permits,registrations and approvals required to perform their duties under this Contract General Provisions (Core Subrecipient)2013 Rev.7/12 8 and shall prohibit any person who does not hold a current, active required license,certification,permit, registration or approval from performing services under this Contract. Section 1.11 Funding Obligation. This Contract is contingent upon the availability of funding, If funds become unavailable through lack of appropriations,budget cuts,transfer of funds between programs or health and human services agencies,amendment of the Appropriations Act,health and human services agency consolidation,or any other disruptions of current appropriated funding for this Contract,DSHS may restrict, reduce or terminate funding under this Contract. Notice of any restriction or reduction will include instructions and detailed information on how DSHS will fund the services and/or goods to be procured with the restricted or reduced funds, ARTICLE II SERVICES Section 2.01 Education to Persons in Residential Facilities. If applicable,Contractor shall ensure that all persons,who are housed in Department-licensed and/or-funded residential facilities and who are twenty-two (22)years of age or younger,have access to educational services as required by Tex.Educ, Code§29.012. Contractor shall notify the local education agency or local early intervention program as prescribed by Tex. Educ. Code§29,012 not later than the third calendar day after the date a person who is twenty-two(22)years of age or younger is placed in Contractor's residential facility. Section 2,02 Disaster Services. In the event of a local,state,or federal emergency,including natural,man- made,criminal,terrorist,and/or bioterrorism events,declared as a state disaster by the Governor, or as a federal disaster by the appropriate federal official,Contractor may be called upon to assist DSHS in providing services,as appropriate,in the following areas:community evacuation;health and medical assistance; assessment of health and medical needs;health surveillance; medical care personnel;health and medical equipment and supplies;patient evacuation;in-hospital care and hospital facility status; food,drug, and medical device safety; worker health and safety;mental health and substance abuse; public health information; vector control and veterinary services;and victim identification and mortuary services. Contractor shall carry out disaster services in the manner most responsive to the needs of the emergency,be cost-effective, and be least intrusive on Contr'actor's primary services. Section 2.03 Consent to Medical Cate of a Minor. If Contractor provides medical,dental,psychological or surgical treatment to a minor under this Contract,either directly or through contracts with subcontractors, Contractor shall not provide treatment of a minor unless informed consent to treatment is obtained pursuant to Tex.Fam.Code Chapter 32,relating to consent to treatment of a child by a non-parent or child or pursuant to other state law. If requirements of federal law relating to consent directly conflict with Tex.Fam, Code Chapter 32,federal law supersedes state law. Section 2.04 Telemedieine Medical Services. Contractor shall ensure that if Contractor or its subcontractor uses telemedicine/telepsychiatry that the services are implemented in accordance with written procedures and using a protocol approved by Contractor's medical director and using equipment that complies with the equipment standards as required by the Department. Procedures for providing telemedicine service must include the following requirements: a) clinical oversight by Contractor's medical director or designated physician responsible for medical leadership; b) contraindication considerations for telemedicine use; c) qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d) safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e) use by credentialed licensed providers providing clinical care within the scope of their licenses; General Provisions(Core Subrecipient)2013 Rev. 7/12 9 f) demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g) priority in scheduling the system for clinical care of individuals; h) quality oversight and monitoring of satisfaction of the individuals served;and i) management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under Rule§445.911. Section 2.05 Fees for Personal Health Services. Contractor may develop a system and schedule of fees for personal health services in accordance with the provisions of Tex. Health&Safety Code§ 12.032,DSHS Rule§1.91 covering Fees for Personal Health Services, and other applicable laws or grant requirements. The amount of a fee must not exceed the actual cost of providing the services. No client may be denied a service due to inability to pay. Section 2.06 Cost Effective Purchasing of Medications. If medications are funded under this Contract, Contractor shall make needed medications available to clients at the lowest possible prices and use the most cost effective medications purchasing arrangement possible, Section 2.07 Services and Information for Persons with Limited English Proficiency. Contractor shall take reasonable steps to provide services and information,both orally and in writing,in appropriate languages other than English,to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs,benefits,and activities. Contractor shall identify and document on the client records the primary languageldialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. Contractor shall make every effort to avoid use of any persons under the age of eighteen(18)or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency,unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. ARTICLE III FUNDING Section 3.01 Debt to State and Corporate Status. Pursuant to Tex. Gov. Code§403.055,the Department will not approve and the State Comptroller will not issue payment to Contractor if Contractor is indebted to the State for any reason,including a tax delinquency. Contractor,if a corporation,certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law(Tex.Tax Code §§ 171.001 et seq.). Contractor, if a corporation,further certifies that it is and will remain in good standing with the Secretary of State's office. A false statement regarding franchise tax or corporate status is a material breach of this Contract. If franchise tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full. Section 3.02 Application of Payment Due. Contractor agrees that any payments due under this Contract will be applied towards any debt of Contractor,including but not limited to delinquent taxes and child support that is owed to the State of Texas. Section 3.03 Use of Funds. Contractor shall expend Department funds only for the provision of approved services and for reasonable and allowable expenses directly related to those services. General Provisions(Core Subrecipient)2013 Rev. 7112 10 Section 3.04 Use for Match Prohibited. Contractor shall not use finds provided through this Contract for matching purposes in securing other funding unless directed or approved by the Department in writing. Section 3.05 Program Income. Gross income directly generated from Department funds through a project or activity performed under a Program Attachment and/or earned only as a result of a Program Attachment during the term of the Program Attachment are considered program income. Unless otherwise required under the terms of the grant funding this Contract,Contractor shall use the addition alternative, as provided in UGMS §_.25(g)(2),for the use of program income to further the program objectives of the state or federal statute under which the Program Attachment was made, and Contractor shall spend the program income on the same Program Attachment project in which it was generated. Contractor shall identify and report this income in accordance with the Compliance and Reporting Article of these General Provisions, the Contractor's Financial Procedures Manual located at Ifttp://�v_ww,dslis.state,tx.us/contr cts/cftiin.sbtm and the provisions of the Program Attachment(s). Contractor shall expend program income during the Program Attachment term and may not carry forward to any succeeding term. Contractor shall refund program income not expended in the term in which it is earned to DSHS. DSHS may base future funding levels,in part,upon Contractor's proficiency in identifying,billing,collecting,and reporting program income,and in using it for the purposes and under the conditions specified in this Contract. Section 3.06 Nonsupplanting. Contractor shall not supplant(i.e., use funds from this Contract to replace or substitute existing finding from other sources that also supports the activities that are the subject of this Contract)but rather shall use funds from this Contract to supplement existing state or local funds currently available for a particular activity. Contractor shall make a good faith effort to maintain its current level of support. Contractor may be required to submit documentation substantiating that a reduction in state or local funding,if any,resulted for reasons other than receipt or expected receipt of finding under this Contract. ARTICLE IV PAYMENT METHODS AND RESTRICTIONS Section 4.01 Payment Methods. Except as otherwise provided by the provisions of the Program Attachment(s), the payment method for each Program Attachment will be one of the following methods; a) cost reimbursement. This payment method is based on an approved budget in the Program Attachment(s) and acceptable submission of a request for reimbursement; or b) unit rate/fee-for-service. This payment method is based on a fixed price or a specified rate(s)or fee(s) for delivery of a specified unit(s)of service,as stated in the Program Attachment(s)and acceptable submission of all required documentation,forms and/or reports. Section 4.02 Billing Submission. Contractors shall bill the Department in accordance with the Program Attachment(s)in the form and format prescribed by DSHS. Unless otherwise specified in the Program Attachment(s)or permitted under the Third Party Payors section of this Article,Contractor shall submit requests for reimbursement or payment monthly by the last business day of the month following the end of the month covered by the bill. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. Section 4.03 Final Billing Submission. Unless otherwise provided by the Department,Contractor shall submit a reimbursement or payment request as a final close-out bill not later than sixty(60)calendar days following the end of the term of the Program Attachment for goods received and services rendered during the term. If necessary to meet this deadline,Contractor may submit reimbursement or payment requests by facsimile transmission. Reimbursement or payment requests received in DSHS's offices more than sixty(60) calendar days following the end of the applicable term will not be paid. Consideration of requests for an exception will be made on a case-by-case basis, subject to the availability of funding,and only for an extenuating circumstance,such as a catastrophic event,natural disaster, or criminal activity that substantially General Provisions(Core Subrecipient)2013 Rev. 7/12 j f interferes with normal business operations or causes damage or destruction of a place of business and/or records. A written statement describing the extenuating circumstance and the last request for reimbursement must be submitted for review and approval to the DSHS Accounting Section. Section 4.04 Working Capital Advance. If allowed under this Contract,a single one-time working capital advance per term of the Program Attachment may be granted at the Department's discretion. Contractor must submit documentation to the contract manager assigned to the Program Attachment to justify the need for a working capital advance, Contractor shall liquidate the working capital advance as directed by the Department. The requirements for the documentation justifying the need for an advance and the directions for liquidating the advance are found in the Contractor's Financial Procedures Manual located at htt ://www.dshs.state,tx.tis/contracts/cf nt.shtm. Section 4.05 Financial Status Reports(FSRs). Except as otherwise provided in these General Provisions or in the terms of the Program Attachment(s), for contracts with categorical budgets,Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Program Attachment term for Department review and financial assessment. Contractor shall submit the final FSR no Iater than sixty(60)calendar days following the end of the applicable terns. Section 4.06 Third Party Payors. A third party payor is any person or entity who has the legal responsibility for paying for all or part of the services provided. Third party payors include, but are not limited to,commercial health or liability insurance carriers,Medicaid,or other federal,state,local,and private funding sources. Except as provided in this Contract, Contractor shall screen all clients and shall not bill the Department for services eligible for reimbursement from third party payors. Contractor shall(a)enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs, and bill those programs for the covered services; (b)provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; (c)allow clients who are otherwise eligible for Department services,but cannot pay a deductible required by a third party payor, to receive services tip to the amount of the deductible and to bill the Department for the deductible;(d)not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted, in which case the thirty(30)-day requirement in the Billing Submission section will be extended until all such appeals have been exhausted;(e) maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; (f) bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department;and(g)provide third party billing functions at no cost to the client. ARTICLE V TERMS AND CONDITIONS OF PAYMENT Section 5.01 Prompt Payment. Upon receipt of a timely,undisputed invoice pursuant to this Contract, Department will pay Contractor. Payments and reimbursements are contingent upon a signed Contract and will not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment or reimbursement only if the service,work,and/or product has been authorized by the Department and performed or provided pursuant to this Contract. If those conditions are met,Department will make payment in accordance with the Texas prompt payment law(Tex. Gov.Code Chapter 2251). Contractor shall comply with Tex. Gov. Code Chapter 2251 regarding its prompt payment obligations to subcontractors. Payment of invoices by the Department will not constitute acceptance or approval of Contractor's performance, and all invoices and Contractor's performance are subject to audit or review by the Department. Section 5,02 Withholding Payments. Department may withhold all or part of any payments to Contractor to offset reimbursement for any ineligible expenditures,disallowed costs,or overpayments that Contractor has not refunded to Department,or if financial status report(s)required by the Department are not submitted by the General Provisions(Core Subrecipient)2013 Rev. 7/12 12 date(s)due. Department may take repayment (recoup)from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Section 5.03 Condition Precedent to Requesting Payment. Contractor shall disburse program income, rebates,refunds,contract settlements,audit recoveries,and interest earned on such funds before requesting cash payments including any advance payments from Department. Section 5.04 Acceptance as Payment in Full. Except as permitted in the Fees for Personal Health Services section of the Services Article of these General Provisions or under 25 Tex. Admin. Code§444.413, Contractor shall accept reimbursement or payment from DSHS as payment in full for services or goods provided to clients or participants,and Contractor shall not seek additional reimbursement or payment for services or goods from clients or participants or charge a fee or make a profit with respect to the Contract. A fee or profit is considered to be an amount in excess of actual allowable costs that are incurred in conducting an assistance program. ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 6.01 Allowable Costs. For services satisfactorily performed, and sufficiently documented, pursuant to this Contract,DSHS will reimburse Contractor for allowable costs. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement.under this Contract. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. If DSHS has paid fiends to Contractor for unallowable or ineligible costs,DSHS will notify Contractor in writing,and Contractor shall return the funds to DSHS within thirty(30)calendar days of the date of this written notice. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSHS,or if financial status report(s)required under the Financial Status Reports section are not submitted by the due date(s). DSHS may take repayment(recoup)from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include- Applicable Entity Applicable Cost Audit Requirements Administrative Principles Requirements State,Local and Tribal OMB Circular A-87 OMB Circular UGMS,OMB Circular Governments (2 CFR,Part 225) A-133 and UGMS A-102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 OMB Circular OMB Circular A-110(2 (2 CFR,Part 220) A-133 CFR,Part 215)and applicable Federal awarding agency common rule;and UGMS,as applicable Non-Profit OMB Circular OMB Circular UGMS; OMB Circular Organizations A-122(2 CFR,Part A-133 and UGMS A-110(2 CFR,Part 230) 215)and applicable Federal awarding agency common rule For-profit Organization 48 CFR Part 31, OMB Circular A- UGMS and applicable other than a hospital and Contract Cost 133 and UGMS Federal awarding an organization named Principles agency common rule General Provisions(Core Subrecipient)2013 Rev, 7/12 13 in OMB Circular A-122 Procedures,or (2 CFR Part,230)as not uniform cost subject to that circular. accounting standards that comply with cost principles acceptable to the federal or state awarding agency A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at http://www.dshs.sttte.tx.us/cotitracts/Iiiiks,slitni. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. Section 6.02 Independent Single or Program-Specific Audit. If Contractor within Contractor's fiscal year expends a total amount of at least$500,000 in federal funds awarded,Contractor shall have a single audit or program-specific audit in accordance with the Office of Management and Budget(OMB)Circ.No.A-133, the Single Audit Act of 1984,P L 98-502, 98 Stat. 2327,and the Single Audit Act Amendments of 1996,P L 104-156, 110 Stat. 1396. The$500,000 federal threshold amount includes federal funds passed through by way of state agency awards. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in state funds awarded, Contractor must have a single audit or program-specific audit in accordance with UGMS,State of Texas Single Audit Circular. For-profit Contractors whose expenditures meet or exceed the federal and/or state expenditure thresholds stated above shall follow the guidelines in OMB Circular A-133 or UGMS,as applicable,for their program-specific audits.The HHSC Office of Inspector General(OIG)will notify Contractor to complete the Single Audit Status Registration Form. If Contractor fails to complete the Single Audit Status Form within thirty(30)calendar days after notification by OIG to do so,Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract.The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS,which is accessible through a web link on the DSHS website at http://www.dslis.state.tx,us/contracts/links.shtm, Contractor shall procure audit services in compliance with this section, state'procurement procedures,as well as with the provisions of UGMS. Contractor,unless Contractor is a state governmental entity,shall competitively re-procure independent single audit services at least every five(5)years. Section 6.03 Submission of Audit. Within thirty(30)calendar days of receipt of the audit reports required by the Independent Single or Program-Specific Audit section, Contractor shall submit one copy to the Department's Contract Oversight and Support Section,and one copy to the OIG, at the following addresses: Department of State Health Services Health and Human Services Commission Contract Oversight and Support,Mail Code 1326 Office of Inspector General P.O.Box 149347 Compliance/Audit,Mail Code 1326 Austin,Texas 78714-9347 P.O.Box 85200 Austin,Texas 78708-5200 If Contractor fails to submit the audit report as required by the Independent Single or Program-Specific Audit section within thirty(30)calendar days of receipt by Contractor of an audit report,Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. General Provisions (Core Subrecipient)2013 Rev.7/12 14 ARTICLE VII CONFIDENTIALITY Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract,including patient and client records that contain protected health information(PHI),and any other information that discloses confidential personal information or identifies any client served by DSHS,in accordance with applicable federal and state laws,rules and regulations,including but not limited to 7 CFR Part 246;42 CFR Part 2;45 CFR Parts 160 and 164(Health Insurance Portability and Accountability Act [HIPAA]);Tex.Health&Safety Code Chapters 12,47, 81, 82,85,88,92, 161, 181,241,245,251, 534,576,577,596,611, and 773;and Tex. Occ. Code Chapters 56 and 159 and all applicable rules and regulations. Section 7.02 Department Access to PHI and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request,collect and receive PHI and other confidential information under this Contract,without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program, and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 7.03 Exchange of Client-Identifying Information. Except as prohibited by other law,Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR§ 164.504(e)(3)(i)(B),Tex.Health&Safety Code§533.009 and Rule Chapter 414,Subchapter A or other applicable laws or rules. Contractor shall disclose information described in Tex.Health&Safety Code§ 614.017(x)(2)relating to special needs offenders,to an agency described in Tex.Health &Safety Code§ 614.017(c)upon request of that agency,unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor shall maintain patient and client records in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient and client records. Department may require Contractor to transfer original or copies of patient and client records to Department,without the consent or authorization of the patient or client,upon termination of this Contract or a Program Attachment to this Contract,as applicable,or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client,Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSHS upon termination of this Contract or a Program Attachment to this Contract, as applicable, or if care or treatment is transferred to another DSHS- funded contractor. Section 7.05 HIV/AIDS Model Workplace Guidelines, If providing direct client care, services,or programs,Contractor shall implement Department's policies based on the HIV/AIDS (human immunodeficiency virus/acquired immunodeficiency syndrome)Model Workplace Guidelines for Businesses, State Agencies, and State Contractors,Policy No. 090.021,and Contractor shall educate employees and clients concerning HIV and its related conditions,including AIDS,in accordance with the Tex. Health&Safety Code §D D 85.112-114.A link to the Model Workplace Guidelines can be found at littl2://www.dshs.state,tx,usAiivstd/polic 1)olicies,sl)tnr. ARTICLE VIII RECORDS RETENTION Section 8.01 Retention. Contractor shall retain records in accordance with applicable state and federal statutes,rules and regulations. At a minimum, Contractor shall retain and preserve all other records,including financial records that are generated or collected by Contractor under the provisions of this Contract,for a period of four(4)years after the termination of this Contract. If services are funded through Medicaid,the General Provisions (Core Subrecipient)2013 Rev. 7112 15 federal retention period,if more than four(4)years, will apply. Contractor shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit are resolved. Legal requirements for Contractor tnay extend beyond the retention schedules established in this section. Contractor shall retain medical records in accordance with Tex, Admin. Code Title 22,Part 9, § 165.1(b)and(c)or other applicable statutes,rules and regulations governing medical information. Contractor shall include this provision concerning records retention in any subcontract it awards. If Contractor ceases business operations,it shall ensure that records relating to this Contract are securely stored and are accessible by the Department upon Department's request for at least four(4)years from the date Contractor ceases business or from the date this Contract terminates,whichever is sooner. Contractor shall provide,and update as necessary,the name and address of the party responsible for storage of records to the contract manager assigned to the Program Attachment. ARTICLE IX ACCESS AND INSPECTION Section 9.01 Access. Iii addition to any right of access arising by operation of law, Contractor, and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly authorized representatives,as well as duly authorized federal, state or local authorities,including the Comptroller General of the United States,OIG,and the State Auditor's Office(SAO), unrestricted access to and the right to examine any site where business is conducted or client services are performed,and all records (including financial records,client and patient records,if any,and Contractor's personnel records and governing body personnel records),books,papers or documents related to this Contract;and the right to interview members of Contractor's governing body, staff,volunteers,participants and clients concerning the Contract,Contractor's business and client services. If deemed necessary by the Department or the OIG,for the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract, The Department and HHSC will have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Payments will not foreclose the right of Department and HHSC to recover excessive or illegal payments. Contractor shall make available to the Department information collected,assembled or maintained by Contractor relative to this Contract for the Department to respond to requests that it receives under the Public Information Act. Contractor shall include this provision concerning the right of access to,and examination of,sites and information related to this Contract in any subcontract it awards. Section 9.02 State Aud'itor's Office. Contractor shall,upon request,make all records, books,papers, documents, or recordings related to this Contract available for inspection,audit,or reproduction during normal business hours to any authorized representative of the SAO. Contractor understands that the acceptance of funds under this Contract acts as acceptance of the authority of the SAO,or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested,and providing access to any information the SAO considers relevant to the investigation or audit. The SAO's authority to audit funds will apply to Contract funds disbursed by Contractor to its subcontractors,and Contractor shall include this provision concerning the SAO's authority to audit and the requirement to cooperate,in any subcontract Contractor awards. Section 9.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon examination of Contractor's records or during an inspection of Contractor's sitc(s)will be conveyed in writing to Contractor. Contractor shall submit,by the date prescribed by DSHS,a resolution to the deficiency identified in a site inspection,program review or management or financial audit to the satisfaction of DSHS or, if directed by DSHS,a corrective action plan to resolve the deficiency. A DSHS or HHSC determination of General Provisions (Core Subrecipient)2013 Rev, 7/12 16 either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non-Compliance Article of these General Provisions. ARTICLE X NOTICE REQUIREMENTS Section 10.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: Human Immunodeficiency Virus/Sexually Transmitted Diseases(HIVISTD);Family Planning(Titles V,X and XX);Primary Health Care;Maternal and Child Health;and Women,Infants and Children(WIC)Nutrition Services. Contractor shall make a good faith effort to comply with child abuse reporting guidelines and requirements in Tex.Fam. Code Chapter 251 relating to investigations of reports of child abuse and neglect, Contractor shall develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on reporting requirements. Contractor shall use the DSHS Child Abuse Reporting Form as required by the Department located at www.dshs.state.tx.us/chitdabusereporting. Contractor shall retain reporting documentation on site and make it available for inspection by DSHS. Section 10.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor shall report to the contract manager assigned to the Program Attachment significant incidents involving substantial disruption of Contractor's program operation,or affecting or potentially affecting the health,safety or welfare of Department-funded clients or participants within seventy-two (72)hours of discovery. Section 10.03 Litigation. Contractor shall notify the contract manager assigned to the Program Attachment of litigation related to or affecting this Contract and to which Contractor is a party within seven(7)calendar days of becoming aware of such a proceeding. This includes,but is not limited to an action, suit or proceeding before any court or governmental body,including environmental and civil rights matters,professional liability, and employee litigation. Notification must include the names of the parties,nature of the litigation and remedy sought,including amount of damages,if any. Section 10.04 Action Against the Contractor. Contractor shall notify the contract manager assigned to the Program Attachment if Contractor has had a contract suspended or terminated for cause by any local,state or federal department or agency or nonprofit entity within three(3) working days of the suspension or termination. Such notification must include the reason for such action; the name and contact information of the local,state or federal department or agency or entity;the date of the contract;and the contract or case reference number. If Contractor,as an organization,has surrendered its license or has had its license suspended or revoked by any local,state or federal department or agency or non-profit entity,it shall disclose this information within three(3)working days of the surrender, suspension or revocation to the contract manager assigned to the Program Attachment by submitting a one-page description that includes the reason(s) for such action; the name and contact information of the local,state or federal department or agency or entity; the date of the license action;and a license or case reference member. Section 10.05 Insolvency. Contractor shall notify in writing the contract manager assigned to the Program Attachment of Contractor's insolvency,incapacity, or outstanding unpaid obligations to the Internal Revenue Service(IRS)or Texas Workforce Commission(TWC) within three(3)working days of the date of determination that Contractor is insolvent or incapacitated,or the date Contractor discovered an unpaid obligation to the IRS or TWC. Contractor shall notify in writing the contract manager assigned to the Program General Provisions(Core Subrecipient)2013 Rev.7112 17 Attachment of its plan to seek bankruptcy protection within three(3)working days of such action by Contractor's governing body. Section 10.06 Misuse of Funds and Performance Malfeasance. Contractor shall report to the contract manager assigned to the Program Attachment,any knowledge of debarment,suspected fraud,program abuse, possible illegal expenditures,unlawful activity, or violation of financial laws,rules,policies,and procedures related to performance under this Contract. Contractor shall make such report no later than three(3)working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Additionally,if this Contract is federally funded by the Department of Health and Human Services(HHS), Contractor shall report any credible evidence that a principal,employee,subcontractor or agent of Contractor, or any other person,has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct involving those funds. Contractor shall make this report to the SAO at httI21/sao.fraud.state.tx.us, and to the HHS Office of Inspector General at http://www.oi .lg ilts,gQv/fr tti d/liottine/no later than three(3)working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Section 10.07 Criminal Activity and Disciplinary Action. Contractor affirms that no person who has an ownership or controlling interest in the organization or who is an agent or managing employee of the organization has been placed on community supervision,received deferred adjudication,is presently indicted for or has been convicted of a criminal offense related to any financial matter,federal or state program or felony sex crime. Contractor shall notify in writing the contract manager assigned to the Program Attachment if it has reason to believe Contractor, or a person with ownership or controlling interest in the organization or who is an agent or managing employee of the organization, an employee or volunteer of Contractor,or a subcontractor providing services under this Contract has engaged in any activity that would constitute a criminal offense equal to or greater than a Class A misdemeanor or if such activity would reasonably constitute grounds for disciplinary action by a state or federal regulatory authority,or has been placed on community supervision,received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter,federal or state program or felony sex crime. Contractor shall make the reports required by this section no later than three(3)working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Contractor shall not permit any person who engaged,or was alleged to have engaged,in an activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed by DSHS. Section 10.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of,or cooperates with an investigation regarding, any applicable law,rule,regulation or standard to the Department,another state agency,or any federal,state or local law enforcement official. Section 10.09 Documentation. Contractor shall maintain appropriate documentation of all notices required under these General Provisions. ARTICLE XI ASSURANCES AND CERTIFICATIONS Section 11.01 Certification. Contractor certifies by execution of this Contract to the following: a) it is not disqualified tinder 2 CFR§376.935 or ineligible for participation in federal or state assistance programs; b) neither it,nor its principals,are presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal or state department or agency in accordance with 2 CFR Parts 376 and 180(parts A-1),45 CFR Part 76 (or comparable federal regulations); c) it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; General Provisions(Core Subrecipient)2013 Rev. 7/12 18 . f ` d) it is not subject to an outstanding judgment in a suit against Contractor for collection of the balance of a debt; e) it is in good standing with all state and/or federal agencies that have a contracting or regulatory relationship with Contractor; f) that no person who has an ownership or controlling interest in Contractor or who is an agent or managing employee of Contractor has been convicted of a criminal offense related to involvement in any program established under Medicare,Medicaid,or a federal block grant; g) neither it,nor its principals have within the thrce(3)-year period preceding this Contract,has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain, or performing a private or public(federal, state or local)transaction or contract under a private or public transaction,violation of federal or state antitrust statutes(including those proscribing price-fixing between competitors,allocation of customers between competitors and bid-rigging), or conunission of embezzlement, theft,forgery, bribery,falsification or destruction of records,making false statements or false claims, tax evasion, obstruction of justice,receiving stolen property or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h) neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by a governmental entity(federal,state or local) with the commission of any of the offenses enumerated in subsection g)of this section;and i) neither it,nor its principals within a three(3)-year period preceding this Contract has had one or more public transaction(federal,state or local)terminated for cause or default. Contractor shall include the certifications in this Article, without modification(except as required to make applicable to the subcontractor),in all subcontracts and solicitations for subcontracts. Where Contractor is unable to certify to any of the statements in this Article,Contractor shall submit an explanation to the contract manager assigned to the Program Attachment. If Contractor's status with respect to the items certified in this Article changes during the term of this Contract,Contractor shall immediately notify the contract manager assigned to the Program Attachment. Section 11.02 Child Support Delinquencies. As required by Tex.Fam. Code§231.006, a child support obligor who is more than thirty(30)calendar days delinquent in paying child support and a business entity in which the obligor is a sole proprietor,partner,shareholder,or owner with an ownership interest of at least twenty-five percent(25%)is not eligible to receive payments from state funds under a contract to provide property,materials,or services or receive a state-funded grant or loan. If applicable, Contractor shall maintain its eligibility to receive payments under this Contract,certifies that it is not ineligible to receive the payments specified in this Contract,and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. Section 11,03 Authorization. Contractor certifies that it possesses legal authority to contract for the services described in this Contract and that a resolution,motion or similar action has been duly adopted or passed as an official act of Contractor's governing body, authorizing the binding of the organization under this Contract including all understandings and assurances contained in this Contract,and directing and authorizing the person identified as the authorized representative of Contractor to act in connection with this Contract and to provide such additional information as may be required. Section 11.04 Gifts and Benefits Prohibited. Contractor certifies that it has not given,offered to give,nor intends to give at any time hereafter,any economic opportunity,present or future employment, gift,loan, General Provisions (Core Subrecipient)2013 Rev.7/12 19 gratuity,special discount,trip, favor,service or anytliing of monetary value to a DSHS or HHSC official or employee in connection with this Contract. Section 11.05 Ineligibility to Receive the Contract. (a)Pursuant to Tex. Gov, Code§2155.004 and federal law,Contractor is ineligible to receive this Contract if this Contract includes financial participation by a person who received compensation from DSHS to participate in developing,drafting or preparing the specifications, requirements, statement(s)of work or Solicitation Document on which this Contract is based. Contractor certifies that neither Contractor,nor its employees, nor anyone acting for Contractor has received compensation from DSHS for participation in the development, drafting or preparation of specifications, requirements or statement(s)of work for this Contract or in the Solicitation Document on which this Contract is based;(b)pursuant to Tex. Gov. Code§§2155.006 and 2261.053,Contractor is ineligible to receive this Contract,if Contractor or any person who would have financial participation in this Contract has been convicted of violating federal law,or been assessed a federal civil or administrative penalty,in connection with a contract awarded by the federal government for relief,recovery or reconstruction efforts as a result of Hurricanes Rita or Katrina or any other disaster occurring after September 24,2005; (c)Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract under Tex. Gov. Code§§2155.004,2155.006 or 2261.053,and acknowledges that this Contract may be terminated and payment withheld if these certifications are inaccurate. Section 11.06 Antitrust. Pursuant to 15 USC § 1,et seq. and Tex.Bus. &Comm. Code§ 15.01,et seq. Contractor certifies that neither Contractor,nor anyone acting for Contractor has violated the antitrust laws of this state or federal antitrust laws, nor communicated directly or indirectly regarding a bid with any competitor or any other person engaged in Contractor's line of business for the purpose of substantially lessening competition in such line of business. Section 1 1.07 Initiation and Completion of Work. Contractor certifies that it shall initiate and complete the work under this Contract within the applicable time frame prescribed in this Contract. ARTICLE XII GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 12.01 Responsibilities and Restrictions Concerning Governing Body,Officers and Employees. Contractor and its governing body shall bear full responsibility for the integrity of the fiscal and programmatic management of the organization. This provision applies to all organizations,including Section 501(c)(3) organizations as defined in the Internal Revenue Service Code as not-for-profit organizations. Each member of Contractor's governing body shall be accountable for all funds and materials received from Department. The responsibility of Contractor's governing body shall also include accountability for compliance with Department Rules,policies,procedures,and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and Department's monitoring processes. Further,Contractor's governing body shall ensure separation of powers,duties,and functions of governing body members and staff. Staff members,including the executive director, shall not serve as voting members of Contractor's governing body. No member of Contractor's governing body,or officer or employee of Contractor shall vote for,confirm or act to influence the employment,compensation or change in status of any person related within the second degree of affinity or the third degree of consanguinity(as defined in Tex. Gov. Code Chapter 573)to the member of the governing body or the officer or any employee authorized to employ or supervise such person. This prohibition does not prohibit the continued employment of a person who has been continuously employed for a period of two(2)years prior to the election, appointment or employment of the officer,employee,or governing body member related to such person in the prohibited degree. These restrictions also apply to the governing body,officers and employees of Contractor's General Provisions(Core Subrecipient)2013 Rev. 7112 20 subcontractors. Ignorance of any Contract provisions or other requirements contained or referred to in this Contract will not constitute a defense or basis for waiving or appealing such provisions or requirements, Section 12.02 Management and Control Systems. Contractor shall comply with all the requirements of the Department's Contractor's Financial Procedures Manual, and any of its subsequent amendments,which:is available at the Department's web site: lr(tp://www.dstis.state.tx.us/contracts/cfpiii.shtm, Contractor shall maintain an appropriate contract administration system to ensure that all terms,conditions,and specifications are met. Contractor shall develop,implement,and maintain financial management and control systems that meet or exceed the requirements of UGMS and adhere to procedures detailed in Department's Contractor's Financial Procedures Manual. Those requirements and procedures include,at a minimum, the following: a) financial planning,including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; b) financial management systems that include accurate accounting records that are accessible and identify the source and application of funds provided under each Program Attachment of this Contract, and original source documentation substantiating that costs are specifically and solely allocable to the Program Attachment and are traceable from the transaction to the general ledger;and c) effective internal and budgetary controls;comparison of actual costs to budget;determination of reasonableness,allowableness,and allocability of costs; timely and appropriate audits and resolution of any findings;billing and collection policies; and a mechanism capable of billing and making reasonable efforts to collect from clients and third parties. Section 12.03 Insurance. Contractor shall maintain insurance or other means of repairing or replacing assets purchased with Department funds. Contractor shall repair or replace with comparable equipment any such equipment not covered by insurance that is lost, stolen,damaged or destroyed. If any insured equipment purchased with DSHS funds is lost, stolen,damaged or destroyed,Contractor shall notify the contract manager assigned to the Program Attachment to obtain instructions whether to submit and pursue an insurance claim. Contractor shall use any insurance proceeds to repair the equipment or replace the equipment with comparable equipment or remit the insurance proceeds to DSHS, Section 12.04 Fidelity Bond. For the benefit of DSHS,Contractor is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under this Contract up to$100,000 that covers each employee of Contractor handling funds under this Contract,including person(s)authorizing payment of such funds. The fidelity bond or insurance must provide for indemnification of losses occasioned by(1) any fraudulent or dishonest act or acts conunitted by any of Contractor's employees,either individually or in concert with others, and/or(2)failure of Contractor or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment, The bond or insurance acquired under this section must include coverage for third party property. Contractor shall notify,and obtain prior approval from,the DSHS Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance. Section 12.05 Liability Coverage. For the benefit of DSHS,Contractor shall at all times maintain liability insurance coverage,referred to in Tex. Gov. Code§2261.102,as"director and officer liability coverage"or similar coverage for all persons in management or governing positions within Contractor's organization or with management or governing authority over Contractor's organization(collectively"responsible persons"). Contractor shall maintain copies of liability policies on site for inspection by DSHS and shall submit copies of policies to DSHS upon request. This section applies to entities that are organized as non-profit corporations under the Texas Non-Profit Corporation Act;for-profit corporations organized under the Texas Business Corporations Act;and any other legal entity. Contractor shall maintain liability insurance coverage in an amount not less than the total value of this Contract and that is sufficient to protect the interests of Department General Provisions(Core Subrecipient)2013 Rev. 7/12 21 in the event an actionable act or onussion by a responsible person damages Department's interests. Contractor shall notify,and obtain prior approval from,the DSHS Contract Oversight and Support Section before settling a claim on the insurance. Section 12.06 Overtime Compensation. Except as provided in this section,Contractor shall not use any of the funds provided by this Contract to pay the premium portion of overtime. Contractor shall be responsible for any obligations of premium overtime pay due employees, Premium overtime pay is defined as any compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion of overtime only under the following conditions: 1) with the prior written approval of DSHS;2)temporarily, in the case of an emergency or an occasional operational bottleneck; 3) when employees are performing indirect functions,such as administration,maintenance,or accounting;4)in performance of tests,laboratory procedures,or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed;or 5)when lower overall cost to DSHS will result. Section 12,07 Program Site. Contractor shall provide services only in locations that are in compliance with all applicable local, state and federal zoning,building,health,fire,and safety standards. Section 12.08 Cost Allocation Plan. Contractor shall submit a Cost Allocation Plan in the format provided in the Department's Contractor's Financial Procedures Manual to the Department's Contract Oversight and Support Section,at Mail Code 1326,P.O.Box 149347,Austin,Texas 78714-9347,or by email to mailto:coscap @dshs.state.tx.us no later than the 60`h calendar day after the effective date of the Contract, except when a Contractor has a current Cost Allocation Plan on file with the Department. Contractor shall implement and follow the applicable Cost Allocation Plan. If Contractor's plan is the same as the plan previously submitted to DSHS,by signing this Contract, Contractor certifies that its current Cost Allocation Plan for the current year is the same as the plan previously submitted. If the Cost Allocation Plan changes during the Contract term,Contractor shall submit a new Cost Allocation Plan to the Contract Oversight and Support Section within thirty(30)calendar days after the effective date of the change. Cost Allocation Plans must comply with the guidelines provided in the Department's Contractor's Financial Procedures Manual located at http://www.dshs.state.tx.us/contracts/cfnm.shlm. Section 12.09 No Endorsement..Other than stating the fact that Contractor has a contract with DSHS, Contractor and its subcontractors are prohibited from publicizing the contractual relationship between Contractor and DSHS,and from using the Department's name,logo or website link in any manner that is intended,or that could be perceived,as an endorsement or sponsorship by DSHS or the State of Texas of Contractor's organization,program, services or product,without the express written consent of DSHS. Section 12.10 Historically Underutilized Businesses(HUBs).If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is permitted under this Program Attachment, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBS in accordance with Tex. Gov. Code Chapter 2161 and 34 Tex. Admin. Code§20.10 et seq. Contractors may obtain a list of HUBS at http://www.witidow.,state.tx,us/proctirenicilt/pi-og/hub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval from the Department's HUB Coordinator of the revised plan before proposed changes will be effective under this Contract. Contractor shall make a good faith effort to subcontract with HUBS during the performance of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the 15th day of each month for the prior month's activity,if there was any such activity,in accordance with 34 Tex.Admin. Code§20.16(b). General Provisions(Core Subrecipient)2013 Rev.7/12 22 Section 12.11 Buy Texas. Contractor shall purchase products and materials produced in Texas when the products and materials are available at a price and time comparable to products and materials produced outside of Texas as required by Tex. Gov. Code§ 2155.4441. Section 12.12 Contracts with Subrecipient and Vendor Subcontractors. Contractor may enter into contracts with subrecipient subcontractors unless restricted or otherwise prohibited in a specific Program Attachment(s). Prior to entering into a subrecipient agreement equaling or exceeding$100,000, Contractor shall obtain written approval from DSHS.Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. Contractor shall monitor subrecipient subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by DSHS. Contractor shall ensure that subcontractors are fully aware of the requirements placed upon them by state/federal statutes,rules,and regulations and by the provisions of this Contract. Contracts with all subcontractors, whether vendor or subrecipient,must be in writing and include the following: a) name and address of all parties and the subcontractor's Vendor Identification Number(VIN) or Employee Identification Number(EIN); b) a detailed description of the services to be provided; c) measurable method and rate of payment and total not-to-exceed amount of the contract; d) clearly defined and executable termination clause;and e) beginning and ending dates that coincide with the dates of the applicable Program Attachments)or that cover a term within the beginning and ending dates of the applicable Program Attachment(s). Contractor is responsible to DSHS for the performance of any subcontractor. Contractor shall not contract with a subcontractor,at any tier, that is debarred,suspended,or excluded from or ineligible for participation in federal assistance programs;or if the subcontractor would be ineligible under the following sections of these General Provisions:Ineligibility to Receive the Contract section(Assurances and Certifications Article); or the Conflict of Interest or Transactions Between Related Parties sections(General Terms Article). Section 12.13 Status of Subcontractors. Contractor shall require all subcontractors to certify that they are not delinquent on any repayment agreements;have not had a required license or certification revoked;and have not had a contract terminated by the Department. Contractors shall further require that subcontractors certify that they have not voluntarily surrendered within the past three(3)years any license issued by the Department. Section 12.14 Incorporation of Terms in Subreciplent Subcontracts. Contractor shall include in all its contracts with subrecipient subcontractors and solicitations for subrecipient subcontracts, without modification (except as required to make applicable to the subcontractor),(1)the certifications stated in the Assurances and Certifications Article; (2)the requirements in the Conflicts of Interest section and the Transaction Between Related Parties section of the General Terms Article; and (3) a provision granting to DSHS, SAO,OIG, and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed,and the right to audit the subcontractor in accordance with the Access and Inspection Article in these General Provisions. Each subrecipient subcontract contract must also include a copy of these General Provisions and a copy of the Statement of Work and any other provisions in the Program Attachment(s)applicable to the subcontract. Contractor shall ensure that all written agreements with subrecipient subcontractors incorporate the terms of this Contract so that all terms, conditions,provisions,requirements,duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor are passed down to that subcontractor.No provision of this Contract creates privity of contract between DSHS and any subcontractor of Contractor.If a subcontractor is unable to certify to any of the statements in Section 12.13 or any of the certifications stated in the Assurances General Provisions(Core Subrecipient)2013 Rev, 7112 23 and Certifications Article,Contractor shall submit an explanation to the contract manager assigned to the Program Attachment. If the subcontractor's status with respect to the items certified in Section 12.13 or the assurances stated in the Assurances and Certifications Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Program Attachment. Section 12.15 Independent Contractor. Contractor is an independent contractor. Contractor shall direct and be responsible for the performance of its employees, subcontractors,joint venture participants or agents. Contractor is not an agent or employee of the Department or the State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its employees,subcontractors,joint venture participants or agents will not be eligible for unemployment compensation from the Department or the State of Texas. Section 12.16 Authority to Bind. The person or persons signing this Contract on behalf of Contractor,or representing themselves as signing this Contract on behalf of Contractor, warrant and guarantee that they have been duly authorized by Contractor to execute this Contract for Contractor and to validly and legally bind Contractor to all of its terms. Section 12.17 Tax Liability. Contractor shall comply with all state and federal tax laws and is solely responsible for filing all required state and federal tax forms and making all tax payments, If the Department discovers that Contractor has failed to remain current on a liability to the IRS, this Contract will be subject to remedies and sanctions under this Contract,including immediate termination at the Department's discretion. If the Contract is terminated under this section,the Department will not enter into a contract with Contractor for three(3)years from the date of termination. Section 12.18 Notice of Organizational Change. Contractor shall submit written notice to the contract manager assigned to the Program Attachment within ten(10) business days of any change to the Contractor's name;contact information;key personnel,officer,director or partner; organizational structure,such as merger, acquisition or change in form of business;legal standing;or authority to do business in Texas.A change in Contractor's name and certain changes in organizational structure require an amendment to this Contract in accordance with the Amendments section of these General Provisions. Section 12.19 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 12.20 Equipment(Including Controlled Assets). Equipment means an article of nonexpendable, tangible personal property having a useful lifetime of more than one year and an acquisition cost of$5,000 or more,and"controlled assets." Controlled assets include firearms regardless of the acquisition cost,and the following assets with an acquisition cost of$500 or more,but less than$5,000:desktop and laptop computers (including notebooks,tablets and similar devices),non-portable printers and copiers, emergency management equipment,communication devices and systems,medical and laboratory equipment, and media equipment. Prior approval by DSHS of the purchase of controlled assets is not required. Contractors on a cost reimbursement payment method shall inventory all equipment,including controlled assets. Contractor shall initiate the purchase of all equipment approved in writing by DSHS,in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment.Requests to purchase previously approved equipment after the first quarter of the Program Attachment must be submitted to the contract manager assigned to the Program Attachment, Section 12.21 Supplies. Supplies are defined as consumable items necessary to carry out the services under this Contract including medical supplies,drugs,janitorial supplies,office supplies,patient educational supplies, software,and any items of tangible personal property other than those defined as equipment above. General Provisions(Core Subrecipient)2013 Rev.7/12 24. Section 12.22 Changes to Equipment List. All items of equipment,other than controlled assets,to be purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. Any changes to the approved equipment list in the executed Contract must be approved in writing by Department prior to the purchase of equipment. Contractor shall submit to the contract manager assigned to the Program Attachment,a written description including complete product specifications and need justification prior to purchasing any item of unapproved equipment. If approved,Department will acknowledge its approval by means of a written amendment or by written acceptance of Contractor's Contract Revision Request,as appropriate; or,in the case of minor changes to Contractor's approved equipment list,by email in accordance with the Contractor's Financial Procedures Manual. Section 12.23 Property Inventory and Protection of Assets. Contractor shall maintain an inventory of equipment,including controlled assets,and property described in the Other Intangible Property section of Article XIII and submit an annual cumulative report of the equipment and other property on Form GC-1 I (Contractor's Property Inventory Report)to the Department's Contract Oversight and Support Section,Mail Code 1326,P.O.Box 149347,Austin,Texas 78714-9347,no later than October 15'h of each year, The report is located on the DSHS website at litt ://www,dshs.state.tx.us/contracts/forms.shtm. Contractor shall maintain,repair,and protect assets under this Contract to assure their full availability and usefulness. If Contractor is indemnified,reimbursed,or otherwise compensated for any loss of,destruction of,or damage to the assets provided or obtained under this Contract,Contractor shall use the proceeds to repair or replace those assets. Section 12.24 Bankruptcy. In the event of bankruptcy,Contractor shall sever Department property, equipment,and supplies in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property,equipment and supplies to DSHS. Contractor shall ensure that its subcontracts,if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy,the subcontractor must sever Department property,equipment, and supplies in possession of the subcontractor from the bankruptcy,and title must revert to Department,who may require that the property,equipment and supplies be returned to DSHS. Section 12.25 Title to Property. At the conclusion of the contractual relationship between the Department and Contractor,for any reason,title to any remaining equipment and supplies purchased with funds under this Contract reverts to Department. Title may be transferred to any other party designated by Department. The Department may,at its option and to the extent allowed by law, transfer the reversionary interest to such property to Contractor. Section 12.26 Property Acquisitions. Department funds must not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property are not allowable. Section 12.27 Disposition of Property. Contractor shall follow the procedures in the American Hospital Association's(AHA's)`Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term,of equipment purchased with the Department funds,except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state,or when the acquisition price of the equipment is equal to or greater than $5,000. All Other equipment not listed in the AHA reference(other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than$5,000)will be controlled by the requirements of UGMS. If,prior to the end of the useful life,any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable,or if the equipment requires licensure or registration or had an acquisition price equal to or greater than$5,000, Contractor shall request disposition approval and instructions in writing from the contract manager assigned to the Program Attachment. After an item reaches the end of its useful life,Contractor shall General Provisions(Core Subrecipient)2013 Rev.7/12 25 ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles,and any applicable federal guidance. Section 12.28 Closeout of Equipment. At the end of the term of a Program Attachment that has no additional renewals or that will not be renewed(Closeout)or when a Program Attachment is otherwise terminated, Contractor shall submit to the contract manager assigned to the Program Attachment, an inventory of equipment purchased with Department funds and request disposition instructions for such equipment. All equipment purchased with Department funds must be secured by Contractor at the time of Closeout or termination of the Program Attachment and must be disposed of according to the Department's disposition instructions,which may include return of the equipment to DSHS or transfer of possession to another DSHS contractor,at Contractor's expense. Section 12.29 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment method shall not encumber equipment purchased with Department funds without prior written approval from the Department. ARTICLE XIII GENERAL TERMS Section 13.01 Assignment. Contractor shall not transfer,assign,or sell its Interest,in whole or in part,in this Contract,or in any equipment purchased with funds from this Contract,without the prior written consent of the Department. Section 13.02 Lobbying. Contractor shall comply with Tex. Gov. Code§556.0055,which prohibits contractors who receive state funds from using those funds to pay lobbying expenses. Further,Contractor shall not use funds paid under this Contract,either directly or indirectly,to support the enactment,repeal, modification,or adoption of any law,regulation or policy at any level of government,or to pay the salary or expenses of any person related to any activity designed to influence legislation,regulation,policy or appropriations pending before Congress or the state legislature,or for influencing or attempting to influence an officer or employee of any federal or state agency,a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any contract or the extension, continuation,renewal, amendment,or modification of any contract(31 USC§ 1352 and UGMS). If at any time this Contract exceeds$100,000 of federal funds,Contractor shall file with the contract manager assigned to the Program Attachment a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract,a certification that none of the funds provided by Department have been or will be used for payment to lobbyists,and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. Contractor shall file the declaration,certification,and disclosure at the time of application for this Contract;upon execution of this Contract unless Contractor previously filed a declaration,certification, or disclosure form in connection with the award; and at the end of each calendar quarter in which any event occurs that materially affects the accuracy of the information contained in any declaration,certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration,certification,and disclosure with the contract manager assigned to the Program Attachment. Contractor shall also comply,as applicable, with the lobbying restrictions and requirements in 2 CPR Part 230(01MB Circulars A-122),Appendix B paragraph 25; 2 CFR Part 225(A-87)Appendix B section 24;2 CFR§215.27(A-110)and 2 CFR Part 220(A-21)Appendix A, subsection 1.17 and J.28. Contractor shall include this provision in any subcontracts. Section 13.03 Conflict of Interest. Contractor represents to the Department that it and its-subcontractors, if any, do not have nor shall Contractor or its subcontractors knowingly acquire or retain, any financial or other General Provisions (Core Subrecipient)2013 Rev.7112 26 interest that would conflict in any manner with the performance of their obligations under this Contract. Potential conflicts of interest include,but are not limited to,an existing or potential business or personal relationship between Contractor(or subcontractor), its principal(or a member of the principal's immediate family),or any affiliate or subcontractor and the Department or HHSC,their commissioners or employees,or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees and subcontractors and their employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. If,at any time during the term of this Contract,Contractor or any of its subcontractors has a conflict of interest or potential conflict of interest,Contractor shall disclose the actual or potential conflict of interest to the contract manager assigned to the Program Attachment within ten(10)days of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of interest the subcontractor has or may have within ten(10)days of when the subcontractor becomes aware of the actual or potential conflict of interest. Section 13.04 Transactions Between Related Parties, Contractor shall identify and report to DSHS any transactions between Contractor and a related party that is part of the work that the Department is purchasing under this Contract before entering into the transaction or innrrediately upon discovery. Contractor shall submit to the contract manager assigned to the Program Attachment the name,address and telephone number of the related party,how the party is related to Contractor and the work the related party will perform under this Contract. A related party is a person or entity related to Contractor by blood or marriage, common ownership or any association that permits either to significantly influence or direct the actions or policies of the other. Contractor,for purposes of reporting transactions between related parties,includes the entity contracting with the Department under this Contract as well as the chief executive officer,chief financial officer and program director of Contractor. Contractor shall comply with Tex.Gov. Code Chapter 573. Contractor shall maintain records and supply any additional information requested by the Department, regarding a transaction between related parties,needed to enable the Department to determine the appropriateness of the transaction pursuant to applicable state or federal law,regulations or circulars,which may include 45 CFR part 74, OMB Circ.No.A-110,2 CFR §215.42,and UGMS. Section 13.05 Intellectual Property. Tex. Health&Safety Code§ 12.020 authorizes DSHS to protect intellectual property developed as a result of this Contract. a) "Intellectual property"means created property that may be protected under copyright,patent, or trademark/service mark law. b) For purposes of this Contract intellectual property prepared for DSHS use,or a work specially ordered or commissioned through a contract for DSHS use is "work made for hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the extent that title and interest to any such work may not,by operation of law, vest in DSHS,or such work may not be considered a work made for hire, Contractor irrevocably assigns the rights,title and interest therein to DSHS. DSHS has the right to obtain and hold in its name any and all patents,copyrights,registrations or other such protections as may be appropriate to the subject matter,and any extensions and renewals thereof. Contractor shall give DSHS and the State of Texas,as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered under this Contract. c) If federal funds are used to finance activities supported by this Contract that result in the production of intellectual property,the federal awarding agency reserves a royalty-free, nonexclusive,and irrevocable Iicense to reproduce,publish,or otherwise use, and to authorize others to use, for federal government purposes(1)the copyright in any intellectual property developed under this Contract, including any subcontract;and(2)any rights of copyright to which a Contractor purchases ownership with contract funds. Contractor shall place an acknowledgment of federal awarding agency grant General Provisions(Core Subrecipient)2013 Rev. 7/12 27 support and a disclaimer,as appropriate,on any publication written or published with such support and,if feasible, on any publication reporting the results of or describing a grant-supported activity. An acknowledgment must be to the effect that"This publication was made possible by grant number from(federal awarding agency)"or"The project described was supported by grant number from.(federal awarding agency)"and"Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the(federal awarding g_gency)." d) If the terms of a federal grant award the copyright to Contractor,DSHS reserves a royalty-free, nonexclusive,worldwide and irrevocable license to reproduce,publish or otherwise use,and to authorize others to use,for DSHS,public health,and state governmental noncommercial purposes(1) the copyright, trademark,service mark, and/or patent on an invention,discovery,or improvement to any process, machine, manufacture,or composition of matter;products; technology; scientific information; trade secrets;and computer software,in any work developed under a grant,subgrant,or contract under a grant or subgrant;and(2)any rights of copyright,service or trade marks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds. e) If the results of the contract performance are subject to copyright law,Contractor cannot publish those results without prior review and approval of DSHS. Contractor shall submit requests for review and approval to the contract manager assigned to the Program Attachment. Section 13.06 Other Intangible Property. At the conclusion of the contractual relationship between Department and Contractor,for any reason,Department shall have the sole ownership rights and interest in all non-copyrightable intangible property that was developed,produced or obtained by Contractor as a specific requirement under this Contract or under any grant that funds this Contract,such as domain names,URLs, software licenses with a value of$500 or more,etc. Contractor shall inventory all such non-copyrightable intangible property. Contractor shall cooperate with Department and perform all actions necessary to transfer ownership of such property to the Department or its designee,or otherwise affirm Department's ownership rights and interest in such property. This provision will survive the termination or expiration of this Contract. Section 13.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid,the illegal or invalid provision will be.deemed stricken and deleted to the same extent and effect as if never incorporated,but all other provisions will continue. The Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted,proposed and accepted. Section 13.08 Legal Notice. Any notice required or permitted to be given by the provisions of this Contract will be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified by the Party to the other Party in writing or,if sent by certified mail,on the date of receipt. Section 13.09 Successors. This Contract will be binding upon the Parties and their successors and assignees,except as expressly provided in this Contract. Section 13.10 Headings. The articles and section headings used in this Contract are for convenience of reference only and will not be construed in any way to define,limit or describe the scope or intent of any provisions. Section 13.11 Parties. The Parties represent to each other that they are entities fully familiar with transactions of the kind reflected by the contract documents, and are capable of understanding the terminology and meaning of their terms and conditions and of obtaining independent legal advice pertaining to this Contract. Section 13.12 Survivability of Terms. Termination or expiration of this Contract or a Program Attachment for any reason will not release either Party from any liabilities or obligations in this Contract that(a)the General Provisions(Core Subrecipient)2013 Rev.7/12 29 Parties have expressly agreed will survive any such termination or expiration,or(b)remain to be performed or (c)by their nature would be intended to be applicable following any such termination or expiration. Section 13.13 Direct Operation. At the Department's discretion,the Department may temporarily assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health or safety of clients and/or participants served by Contractor. Section 13.14 Customer Service Information. If requested,Contractor shall supply such information as required by the Department to comply with the provisions of Tex. Gov.Code Chapter 2114 regarding Customer Service surveys. Section 13.15 Amendment. The Parties agree that the Department may unilaterally reduce funds pursuant to the terms of this Contract without the written agreement of Contractor. All other amendments to this Contract must be in writing and agreed to by both Parties,except as otherwise specified in the Contractor's Notification of Change to Certain Contract Provisions section or the Contractor's Request for Revision to Certain Contract Provisions section of this Article. Contractor's request for certain budget revisions or other amendments must be submitted in writing,including a justification for the request,to the contract manager assigned to the Program Attachment; and if a budget revision or amendment is requested during the last quarter of the Contract or Program Attachment term,as applicable, Contractor's written justification must include a reason for the delay in making the request. Revision or other amendment requests may be granted at the discretion of DSHS. Except as otherwise provided in this Article,Contractor shall not perform or produce, and DSHS will not pay for the performance or production of,different or additional goods, services, work or products except pursuant to an amendment of this Contract that is executed in compliance with this section; and DSHS will not waive any term,covenant, or condition of this Contract unless by amendment or otherwise in compliance with this Article. Section 13.16 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to this Contract without a written amendment or the Department's prior approval: a) contractor's contact person and contact information; b) contact information for key personnel,as stated in Contractor's response to the Solicitation Document, if any; c) cumulative budget transfers that exceed 25%among direct cost categories,other than the equipment category,of cost reimbursement contract Program Attachments of less than$100,000,provided that the total budget amount is unchanged(This subsection does not apply to contracts funded by funding sources that have different percentage requirements); d) minor corrections or clarifications to the Contract language that in no way alter the scope of work, objectives or performance measures; and e) a change in Contractor's share of the budget concerning non-DSHS funding other than program income and match,regardless of the amount of the change,provided that in changing the budget, Contractor is not supplanting DSHS funds. Contractor within ten(10)calendar days shall notify in writing the contract manager assigned to the Program Attachment of any change enumerated in this section. The notification may be by letter,fax or email. Except for contracts funded by funding sources that have different percentage requirements,cumulative budget line item transfers of 25%or less among direct cost categories,other-than equipment,of cost reimbursement contracts of any amount do not require written amendment or prior approval or notification. Section 13.17 Contractor's Request for Revision of Certain Contract Provisions. A Contractor's Revision Request is an alternative method for amending certain specified provisions of this Contract that is initiated by Contractor, but must be approved by DSHS. The following amendments to this Contract may be General Provisions(Core Subrecipient)2013 Rev, 7/12 29 made through a Contractor's Revision Request,rather than through the amendment process described in the Amendment section of this Article: a) cumulative budget transfers among direct cost categories, other than the equipment category,that exceed 25%of Program Attachments of 100,0{0 or more,provided that the total budget amount is unchanged(This subsection does not apply to contracts funded by funding sources that have different percentage requirements); b) budget transfer to other categories of funds for direct payment to trainees for training allowances; c) change in clinic hours or location; d) change in the equipment list substituting an item of equipment equivalent to an item of equipment on the approved budget; e) changes in the equipment category of a previously approved equipment budget; f) changes specified in applicable OMB Circular cost principles as requiring prior approval,regardless of dollar threshold(e.g., foreign travel expenses,overtime premiums,membership fees;and g) cumulative budget transfers into or out of the equipment category that do not exceed 10%of any Program Attachment,provided that the total budget amount is unchanged (cumulative transfers from or to the equipment category that equal or exceed 10%of any Program Attachment require an amendment to this Contract as described in the Amendment section of this Article). In order to request a revision of any of the enumerated provisions, Contractor shall obtain a Contract Revision Request form from the DSHS website available at littp://www.dshs.stite.tx,us/graiits/foriTis.shti-n, and complete the form as directed by the Department. Two copies of the completed form must be signed by Contractor's representative who is authorized to sign contracts on behalf of Contractor, and both original,signed forms must be submitted to the contract manager assigned to the Program Attachment. Any approved revision will not be effective unless signed by the DSHS Director of the Client Services Contracting Unit. A separate Contractor Revision Request is required for each Program Attachment to be revised. Circumstances of a requested contract revision may indicate the need for an amendment described in the Amendment section of this Article rather than a contract revision amendment under this section. Section 13.18 Innnunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 13.19 Hold Harmless and Indemnification. Contractor,as an independent contractor,agrees to hold Department,the State of Texas,individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits,claims,losses,damages and judgments;and to pay all costs,fees,and damages to the extent that such costs,fees,and damages arise from performance or nonperformance of Contractor,its employees, subcontractors,joint venture participants or agents under this Contract. Section 13.20 Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non-action or default under this Contract will not constitute a waiver of either Party's rights under this Contract. Section 13.21 Electronic and Information Resources Accessibility and Security Standards. As required by 1 Tex.Admin. Code Chapters 213 and 206, as a state agency,DSHS must procure products that comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in l Tex. Admin. Code Chapter 213 and Website Accessibility Standards/Specifications specified in 1 Tex. Admin. Code Chapter 206(collectively EIR Standards)when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. If performance General Provisions (Core Subrecipient)2013 Rev.7112 30 under this Contract includes the development,modification or maintenance of a website or other electronie and information resources for DSHS or for the public on behalf of DSHS, Contractor certifies that the website or other electronic and information resources comply with the EIR Standards.Contractor further certifies that any network hardware or software purchased or provided under this Contract has undergone independent certification testing for known and relevant vulnerabilities, in accordance with rules adopted by Department of Information Resources. Section 13.22 Force Majeure. Neither Party will be liable for any failure or delay in performing all or some of its obligations, as applicable,under this Contract if such failure or delay is due to any cause beyond the reasonable control of such Party, including,but not limited to,extraordinarily severe weather, strikes,natural disasters,fire,civil disturbance,epidemic,war,court order,or acts of God. The existence of any such cause of delay or failure will extend the period of performance in the exercise of reasonable diligence until after the cause of the delay or failure no longer exists and,if applicable,for any reasonable period of time thereafter required to resume performance. A Party,within a period of time reasonable under the circumstances,must inform the other by any reasonable method(phone,email,etc.)and,as soon as practicable,must submit written notice with proof of receipt,of the existence of a force majeure event or otherwise waive the right as a defense to non-performance. Section 13.23 Interim Contracts. The Parties agree that the Contract and/or any of its Program Attachments will automatically continue as air"Interim Contract"beyond the expiration date of the term of the Contract or Program Attachment(s),as applicable, under the following circumstances: (1)on or shortly prior to the expiration date of the Contract or Program Attachment, there is a state of disaster declared by the Governor that affects the ability or resources of the DSHS contract or program staff managing the Contract to complete in a timely manner the extension,renewal,or other standard contract process for the Contract or Program Attachment; and(2)DSHS makes the determination in its sole discretion that an Interim Contract is appropriate under the circumstances. DSHS will notify Contractor promptly in writing if such a determination is made. The notice will specify whether DSHS is extending the Contract or Program Attachment for additional time for Contractor to perform or complete the previously contracted goods and services (with no new or additional funding)or is purchasing additional goods and services as described in the Program Attachment for the term of the Interim Contract,or both. The notice will include billing instructions and detailed information on how DSHS will fund the goods or services to be procured during the Interim Contract term. The Interim Contract will terminate thirty(30)days after the disaster declaration is terminated unless the Parties agree to a shorter period of time. Section 13.24 Cooperation and Communication. Contractor shall cooperate with Department staff and, as applicable,other DSHS contractors,and shall promptly comply with requests from DSHS for information or responses to DSHS inquiries concerning Contractor's duties or responsibilities under this Contract. ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE Section 14.01 Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include,but are not limited to, the following: a) failure to properly provide the services and/or goods purchased under this Contract; b) failure to comply with any provision of this Contract,including failure to comply with all applicable statutes,rules or regulations; c) failure to pay refunds or penalties owed to the Department; d) failure to comply with a repayment agreement with the DSHS or agreed order issued by DSHS; e) failure by Contractor to provide a full accounting of funds expended under this Contract; f) discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; General Provisions (Core Subrecipient)2013 Rev. 7/12 31 g) any misrepresentation in the assurances and certifications in Contractor's application or response to the Solicitation Document or in this Contract;or h) Contractor is on or is added to the Excluded Parties List System(EPLS). Section 14.02 General Remedies and Sanctions. The Department will monitor Contractor for both programmatic and financial compliance. The remedies and sanctions in this section are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. HHSC OIG may investigate,audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract and may monitor Contractor for financial compliance. The Department may impose one or more remedies or sanctions for each item of noncompliance and wilt determine remedies or sanctions on a case-by-case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies or sanctions in this section does not relieve Contractor of any obligations under this Contract. A state or federal statute,rule or regulation, or federal guideline will prevail over the provisions of this Article unless the statute,rule,regulation,or guideline can be read together with the provision(s)of this Article to give effect to both. If Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes,rules or regulations,the Department may take one or more of the. following actions: a) terminate this Contract or a Program Attachment of this Contract as it relates to a specific program type. In the case of termination,the Department will inform Contractor of the termination no less than thirty(30)calendar days before the effective date of the termination in a notice of termination,except for circumstances that require immediate termination as described in the Emergency Action section of this Article. The notice of termination will state the effective date of the termination, the reasons for the termination,and,if applicable,alert Contractor of the opportunity to request a hearing on the termination pursuant to Tex. Gov. Code Chapter 2105 regarding administration of Block Grants. Contractor shall not make any claim for payment or reimbursement for services provided from the effective date of termination; b) suspend all or part of this Contract. Suspension is an action taken by the Department in which the Contractor is notified to temporarily(1)discontinue performance of all or part of the Contract, and/or (2)discontinue incurring expenses otherwise allowable under the Contract as of the effective date of the suspension,pending DSHS's determination to terminate or amend the Contract or permit the Contractor to resume performance and/or incur allowable expenses. Contractor shalt not bill DSHS for services performed during suspension,and Contractor's costs resulting from obligations incurred by Contractor during a suspension are not allowable unless expressly authorized by the notice of suspension; c) deny additional or future contracts with Contractor; d) reduce the funding amount for failure to 1)provide goods and services as described in this Contract or consistent with Contract performance expectations,2)achieve or maintain the proposed level of service, 3)expend funds appropriately and at a rate that will make full use of the award,or 4)achieve local match,if required; e) disallow costs and credit for matching funds,if airy, for all or part of the activities or action not in compliance; f) temporarily withhold cash payments. Temporarily withholding cash payments means the temporary withholding of a working capital advance,if applicable,or reimbursements or payments to Contractor for proper charges or obligations incurred,pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; g) permanently withhold cash payments. Permanent withholding of cash payment means that Department retains funds billed by Contractor for(1)unallowable,undocumented,disputed, inaccurate,improper,or erroneous billings; (2)material failure to comply with Contract provisions; or General Provisions(Core Subrecipient)2013 Rev. 7112 32 (3)indebtedness to the United States or to the State of Texas; h) declare this Contract void upon the Department's determination that this Contract was obtained fraudulently or upon the Department's determination that this Contract was illegal or invalid from this Contract's inception and demand repayment of any funds paid under this Contract; i) request that Contractor be removed from the Centralized Master Bidders List(CMBL) or any other state bid list,and barred from participating in future contracting opportunities with the State of Texas; j) delay execution of a new contract or contract renewal with Contractor white other imposed or proposed sanctions are pending resolution; k) place Contractor on probation. Probation means that Contractor will be placed on accelerated monitoring for a period not to exceed six(6)months at which time items of noncompliance must be resolved or substantial improvement shown by Contractor. Accelerated monitoring means more frequent or more extensive monitoring will be performed by Department than would routinely he conducted; 1) require Contractor to obtain technical or managerial assistance; tin) establish additional prior approvals for expenditure of funds by Contractor; n) require additional or more detailed,financial and/or programmatic reports to be submitted by Contractor; o) demand repayment from Contractor when it is verified that Contractor has been overpaid,e.g.,because of disallowed costs,payments not supported by proper documentation,improper billing of accounting practices,or failure to comply with Contract terms; p) pursue a claim for damages as a result of breach of contract; q) require Contractor to prohibit any employee or volunteer of Contractor from performing under this Contract or having direct contact with DSHS-funded clients or participants,or require removal of any employee,volunteer, officer or governing body member,if the employee,volunteer,officer or member of the governing body has been indicted or convicted of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to continued obligations under this Contract,as reasonably determined by DSHS; r) withhold any payments to Contractor to satisfy any recoupment,liquidated damages,match insufficiency,or any penalty(if the penalty is permitted by statute)imposed by DSHS, and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor's payment or repayment obligations; s) reduce the Contract term; t) recoup improper payments when it is verified that Contractor has been overpaid,e.g.,because of disallowed costs,payments not supported by proper documentation,improper billing or accounting practices or failure to comply with Contract terms; u) assess liquidated damages; v) demand repayment of an amount equal to the amount of any match Contractor failed to provide,as determined by DSHS; w) impose other remedies, sanctions or penalties permitted by statute. Section 14.03 Notice of Remedies or Sanctions. Department will formally notify Contractor in writing when a remedy or sanction is imposed(with the exception of accelerated monitoring, which may be unannounced),stating the nature of the remedies and sanction(s),the reasons for imposing them,the corrective actions,if any,that must be taken before the actions will be removed and the time allowed for completing the corrective actions,and the method,if any,of requesting reconsideration of the remedies and sanctions imposed. Other than in the case of repayment or recoupment,Contractor is required to file,within fifteen(15) calendar days of receipt of notice,a written response to Department acknowledging receipt of such notice. If requested by the Department,the written response must state how Contractor shall correct the noncompliance (corrective action plan)or demonstrate in writing that the findings on which the remedies or sanction(s) are based are either invalid or do not warrant the remedies or sanction(s), If Department determines that a remedy General Provisions(Core Subrecipient)2013 Rev.7112 33 or sanction is warranted,unless the remedy or sanction is subject to review under a federal or state statute, regulation,rule,or guideline,Department's decision is final. Department will provide written notice to Contractor of Department's decision. If required by the Department, Contractor shall submit a corrective action plan for DSHS approval and take corrective action as stated in the approved corrective action plan. If DSHS determines that repayment is warranted,DSHS will issue a demand letter to Contractor for repayment. If full repayment is not received within the time limit stated in the demand letter, and if recoupment is available,DSHS will recoup the amount due to DSHS from funds otherwise due to Contractor under this Contract, Section 14.04 Emergency Action. In an emergency,Department may immediately terminate or suspend all or part of this Contract,temporarily or permanently withhold cash payments,deny future contract awards,or delay contract execution by delivering written notice to Contractor,by any verifiable method,stating the reason for the emergency action. An"emergency"is defined as the following: a) Contractor is noncompliant and the noncompliance has a direct adverse effect on the public or client health,welfare or safety. The direct adverse effect may be programmatic or financial and may include failing to provide services,providing inadequate services,providing unnecessary services,or using resources so that the public or clients do not receive the benefits contemplated by the scope of work or performance measures;or b) Contractor is expending funds inappropriately. Whether Contractor's conduct or noncompliance is an emergency will be determined by Department on a case-by-case basis and will be based upon the nature of the noncompliance or conduct. ARTICLE XV CLAIMS AGAINST THE DEPARTMENT Section 15.01 Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Tex. Gov. Code Chapter 2260 and implemented in Department Rules §§4.11- 4,24 will be used by DSHS and Contractor to attempt to resolve any breach of contract claim against DSHS. Section 15.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot resolve in the ordinary course of business must be submitted to the negotiation process provided in Tex. Gov Code Chapter 2260,subchapter B. To initiate the process, Contractor shall submit written notice, as required by subchapter B,to DSHS's Office of General Counsel. The notice must specifically state that the provisions of Chapter 2260,subchapter B,are being invoked. A copy of the notice must also be given to all other representatives of DSHS and Contractor. Subchapter B is a condition precedent to the filing of a contested case proceeding under Tex. Gov. Code Chapter 2260,subchapter C. Section 15.03 Sole Remedy. The contested case process provided in Tex. Gov. Code Chapter 2260, subchapter C,is Contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by DSHS if the Parties are unable to resolve their disputes under this Article. Section 15.04 Condition Precedent to Suit. Compliance with the contested case process provided in Tex. Gov. Code Chapter 2260,subchapter C,is a condition precedent to seeking consent to sue from the Legislature under Tex. Civ. Prac. &Rem. Code Chapter 107. Neither the execution of this Contract by DSHS nor any other conduct of any representative of DSHS relating to this Contract will be considered a waiver of sovereign immunity to suit. Section 15.05 Performance Not Suspended. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by Contractor,in whole or in part. General Provisions(Core Subrecipient)2013 Rev.7112 34 t ARTICLE XVI TERMINATION AND TEMPORARY SUSPENSION Section 16.01 Expiration of Contract or Program Attaclunent(s). Except as provided in the Survivability of Terms section of the General Terms Article, Contractor's service obligations stated in each Program Attachment will end upon the expiration date of that Program Attachment unless extended or renewed by written amendment. Prior to completion of the terra of all Program Attachments,all or a part of this Contract may be terminated with or without cause under this Article. Section 16.02 Effect of Termination. Termination is the permanent withdrawal of Contractor's authority to obligate previously awarded funds before that authority would otherwise expire or the voluntary relinquishment by Contractor of the authority to obligate previously awarded funds. Contractor's costs resulting from obligations incurred by Contractor after termination of an award are not allowable unless expressly authorized by the notice of termination. Upon termination of this Contract or Program Attachment, as applicable,Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract or Program Attachment,as applicable,to DSHS or another entity designated by DSHS. Upon termination of all or part of this Contract,Department and Contractor will be discharged from any further obligation created under the applicable terms of this Contract or the Program Attachment,as applicable,except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination and for Contractor's duty to cooperate with DSHS, and except as provided in the Survivability of Terms section of the General Terms Article. Termination does not,however,constitute a waiver of any remedies for breach of this Contract. In addition, Contractor's obligations to retain records and maintain confidentiality of information will survive this Contract. Section 16.03 Acts Not Constituting Termination. Termination does not include the Department's(1) withdrawal of funds awarded on the basis of Contractor's underestimate of the unobligated balance in a prior period;(2)withdrawal of the unobligated balance at the expiration of the term of a program attachment; (3) refusal to extend a program attachment or award additional funds to make a competing or noncompeting continuation,renewal,extension,or supplemental award; (4)non-renewal of a contract or program attachment at Department's sole discretion;or(5)voiding of a contract upon determination that the award was obtained fraudulently,or was otherwise illegal or invalid from inception. Section 16.04 Termination or Temporary Suspension Witliout Cause. a) Either Party may terminate this Contract or a Program Attachment,as applicable,with at least thirty (30)calendar days prior written notice to the other Party,except that if Contractor seeks to terminate a Contract or Program Attachment that involves residential client services, Contractor shall give the Department at least ninety(90)calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. b) The Parties may terminate this Contract or a Program Attachment by mutual agreement. c) DSHS may temporarily suspend or terminate this Contract or a Program Attachment if funds become unavailable through lack of appropriations,budget cuts,transfer of funds between programs or health and human services agencies,amendments to the Appropriations Act,health and human services consolidations,or any disruption of current appropriated funding for this Contract or Program Attachment. Contractor will be.notified in writing of any termination or temporary suspension or of any cessation of temporary suspension. Upon notification of temporary suspension,Contractor shall discontinue performance under the Contract as of the effective date of the suspension,for the duration of tire,suspension. d) Department may terminate this Contract or a Program Attachment immediately when,in the sole determination of Department,termination is in the best interest of the State of Texas. General Provisions(Core Subrecipient)2013 Rev.7/12 35 Section 16.05 Termination For Cause. Either Party may terminate for material breach of this Contract with at least thirty(30)calendar days written notice to the other Party. Department may terminate this Contract,in whole or in part,for breach of contract or for any other conduct that jeopardizes the Contract objectives,by giving at least thirty(30)calendar days written notice to Con(rac(or. Such conduct may include one or more of the following: a) Contractor has failed to adhere to any laws,ordinances,rules,regulations or orders of any public authority having jurisdiction; b) Contractor fails to communicate with Department or fails to allow its employees or those of its subcontractor to communicate with Department as necessary for the performance or oversight of this Contract; e) Contractor breaches a standard of confidentiality with respect to the services provided under this Contract; d) Department determines that Contractor is without sufficient personnel or resources to perform under this Contract or that Contractor is otherwise unable or unwilling to fulfill any of its requirements under this Contract or exercise adequate control over expenditures or assets; e) Department determines that Contractor,its agent or another representative offered or gave a gratuity (e.g.,entertainment or gift)to an official or employee of DSHS or HHSC for the purpose of obtaining a contract or favorable treatment; f) Department determines that this Contract includes financial participation by a person who received compensation from DSHS to participate in developing,drafting or preparing the specifications, requirements or statement(s)of work or Solicitation Document on which this Contract is based in violation of Tex.Gov. Code§2155.004;or Department determines that Contractor was ineligible to receive this Contract under Tex.Gov. Code§§2155.006 or 2261.053 related to certain disaster response contracts; g) Contractor appears to be financially unstable. Indicators of financial instability may include one or more of the following: 1) Contractor fails to make payments for debts; 2) Contractor makes an assignment for the benefit of its creditors; 3) Contractor admits in writing its inability to pay its debts generally as they become due; 4) if judgment for the payment of money in excess of$50,000(that is not covered by insurance)is rendered by any court or governmental body against Contractor,and Contractor does not(a) discharge the judgment, or(b)provide for its discharge in accordance with its terms,or(c)procure a stay of execution within thirty(30)calendar days from the date of entry of the judgment, or(d)if the execution is stayed, within the thirty(30)-day period or a longer period during which execution of the judgment has been stayed,appeal from the judgment and cause the execution to be stayed during such appeal while providing such reserves for the judgment as may be required under Generally Accepted Accounting Principles; 5) a writ or warrant of attachment or any similar process is issued by any court against all or any material portion of the property of Contractor,and such writ or warrant of attachment or any similar process is not released or bonded within thirty(30)calendar days after its issuance; 6) Contractor is adjudicated bankrupt or insolvent; 7) Contractor files a case under the Federal Bankruptcy Code or seeks relief under any provision of any bankruptcy,reorganization,arrangement, insolvency,readjustment of debt,dissolution, receivership or liquidation law of any jurisdiction then in effect,or consents to the filing of any case or petition against it under any such law; S) any property or portion of the property of Contractor is sequestered by court order and the order remains in effect for more than thirty(30)calendar days after Contractor obtains knowledge of the sequestration; General Provisions(Core Subrecipient)2013 Rev. 7112 36 9) a petition is filed against Contractor under any state reorganization,arrangement,insolvency, readjustment of debt, dissolution,receivership or liquidation law of any jurisdiction then in effect, and the petition is not dismissed within thirty(30)calendar days; or 10) Contractor consents to the appointment of a receiver,trustee, or liquidator of Contractor or of all or any part of its property; h) Contractor's management system does not meet the UGMS management standards;or i) Any required license,certification,permit,registration or approval required to conduct Contractor's business or to perform services under this Contract is not obtained or is revoked,is surrendered, expires,is not renewed,is inactivated or is suspended. Section 16.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any verifiable method. If either Party gives notice of its intent to terminate all or a part of this Contract, Department and Contractor shall attempt to resolve any issues related to the anticipated termination in good faith during the notice period. ARTICLE XVII VOID,SUSPENDED,AND TERMINATED CONTRACTS Section 17.01 Void Contracts. Department may void this Contract upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from its inception. Section 17.02 Effect of Void,Suspended,or Involuntarily Terminated Contract. A Contractor who has been a party to a contract with DSHS that has been found to he void,or is suspended,or is terminated for cause is not eligible for expansion of current contracts,if any,or new contracts or renewals until,in the case of suspension or termination,the Department has determined that Contractor has satisfactorily resolved the issues underlying the suspension or termination. Additionally,if this Contract is found to be void, any amount paid is subject to repayment. Section 17.03 Appeals Rights. Pursuant to Tex. Gov. Code§2105.302,after receiving notice from the Department of termination of a contract with DSHS funded by block grant funds,Contractor may request an administrative hearing under Tex. Gov. Code Chapter 2001. ARTICLE XVIII CLOSEOUT Section 18.01 Cessation of Services At Closeout. Upon expiration of this Contract or Program Attachment, as applicable,(and any renewals of this Contract or Program Attachment) on its own terms,Contractor shall cease services under this Contract or Program Attachment;and shall cooperate with DSHS to the fullest extent possible upon expiration or prior to expiration,as necessary, to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS or another entity designated by DSHS. Upon receiving notice of Contract or Program Attachment termination or non-renewal,Contractor shall immediately begin to effect an orderly and safe transition of recipients of services to alternative service providers, as needed. Contractor also shall completely cease providing services under this Contract or Program Attachment by the date specified in the termination or non-renewal notice. Contractor shall not bill DSHS for services performed after termination or expiration of this Contract or Program Attachment,or incur any additional expenses once this Contract or Program Attachment is terminated or has expired. Upon termination,expiration(with no renewal)or non- renewal of this Contract or a Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. Section 18.02 Administrative Offset. The Department has the right to administratively offset amounts owed by Contractor against billings. Section 18.03 Deadline for Closeout. Contractor shall submit all financial,performance, and other Closeout reports required under this Contract within sixty(60)calendar days after the Contract or Program General Provisions(Core Subrecipient)2013 Rev. 7112 37 Attachment end date. Unless otherwise provided under the Final Billing Submission section of the Payment Methods and Restrictions Article,the Department is not liable for any claims that are not received within sixty (60)calendar days after the Contract or Program Attachment end date. Section 18.04 Payment of Refunds. Any funds paid to Contractor in excess of the amount to which Contractor is finally determined to be entitled under the terms of this Contract constitute a debt to the Department and will result in a refund due, which Contractor shall pay within the time period established by the Department. Section 18.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's right to disallow costs and recover funds on the basis of a later audit or other review or Contractor's obligation to return any funds due as a result of later refunds,corrections,or other transactions. General Provisions (Core Subrecipient)2013 Rev. 7112 38 Special Projects* Not all agencies are approved for all special projects. Please refer to cover letter. Peer Counselor-This funding can be used for training and salaries of peer counselors who assist pregnant and breastfeeding WIC participants. It can also be used for communication equipment you may have requested and travel expenses peer counselors may incur in the course of performing their job duties or attending training and/or conferences. Please note,the peer counselor allocation in this contract is not your entire FY2012 allocation, The State,Agency will provide the second six months funding once the contract is extended to a full year.This will happen through a contract amendment which will be sent out at a later date. Allocations are made based upon the following criteria:number of pregnant and breastfeeding women served, retaining counselors established with previous discretionary finding, prevalence of serving rural and remote locations,and breastfeeding rates. Registered Dietitian(.RD) -Use this special funding for reimbursement of RD duties such as: • Assisting with the Quality Assurance Program(i.e.,ongoing evaluation of individual counseling,nutrition education classes, clinical procedures, etc.). • Assisting with the implementation of Value Enhanced Nutrition Assessment(VENA). • Providing staff training on nutrition-related topics and nutrition assessment procedures. • Assisting with your local agency's WIC Certification Specialist Program. • Developing and implementing a quality assurance program. • Assisting with completion and application of the Nutrition Breastfeeding and Training Plan. • Providing high-risk individual counseling. • Conducting facilitated discussion nutrition education classes. • Consultation regarding the appropriate issuance of special formulas, • Developing and implementing the Obesity Prevention Mini Grant. Please note the following: • All local agencies are required to have an RD on staff or on contract(WIC Policy GA:14.0). • You must follow Policy AC. 16.0—Allowable Costs—Professional Contract Services, when securing the services of an RD consultant via contract. • Use a separate State of Texas Purchase Voucher(orm B-13) to bill the state for RD services funded by this special allocation. Specify on the face of the voucher that this is reimbursement for an RD consultant or to defray the cost of a staff RD. • Piior to contracting with the RD, the RD should provide your with a copy of his/her registration card from the Commission on Dietetic Registration. This is proof that the consultant is an RD. The State Agency plans to reallocate any unused RD funds later this fiscal year. At that time, funds will be shifted from local agencies that have not used their funds to local agencies that need additional funding. TEXAS DEPARTMENT OF STATE HEALTH SERVIUES CERTIFIC TIO G RDING LOBBYING GERM CATION FOR CO CT GRANTS T-nil 3 D COOPERATNE AGREE t NTS The undersigned certifies,to the best of ills or her Icnowledga and belief that; (1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for "fluertcing or attempting to influence an officer or an employee of any agency, a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of ally 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 cooperativeagrcement. (2) If any fiends 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 Con es i an offcer ar employee of Congress,or an employee of a member of Congress ill connection with this federal contract,grant. loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL,"DisclosureForra to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in tare award doc merits for all subawards at all ders(including subcontracts,subgrauts,and contracts under grants, loans and cooperative agreements)and that all subrecipients shaft certify and disclose accordingly. This certification is a material representation of fact upon which relianco was placed when this transaction was rnado or entered into,Submissions of this certification is a prerequisite for malting or entering into this transaction imposed by Section 1352, Title 31, U. Code. Any prison who fails to file the required certification shall be subject to a civil penalty of not less that$10,000 and not more than$100,000 for each such failure. Signature Date Print Name of Authoriz iduai Y ' 2013 042712 Application or Contract Nutnber CORPUS CHRISTI-NUPCES COUNCY PUBLIC HEALTH DISTRICT(CITY) Organization Name CSCU#EM9-12374-Revised 0$.10.07 t 'TEXAS DE P.O.OF STATE HEALTH SERVICES 7 VICES P.O.Box 149347 Austin,Texas 78714-9347 DAVID L.LAKLY,M.D. 1-588-963-7111 `1TY; 1-800-735-2989 COM111SS10NER WW WAst1s.state.mils November 27, 2012 Dear Contractor: Enclosed is an approved copy of your Department of State Health Services (DSHS) contract. Please file it with the office of record for your agency. DSHS will not pay for reimbursements submittcdlpostrnarked more than 60 days after the end of the contract term. Additional information regarding this policy is available on the DSHS website at htttpJfwww.dshs.state.tx.Lis. Please reference the DSHS contract and attachment number in all future correspondence. If you have questions,please contact Sandra Berry at 512-776 -3327 or via email at satidy.berry @dsbs.state.tx us Sincerely, Bob Burnette, Director Client Services Contracting Unit Enclosures /In Cqual Employmel)l Opportunity Employer anri;-'rorirfc�t TEXAS DEPARTMENT OF STATE HEALTH SERVICES 1100 West 49th Street•Austin,Texas 78756 P.O.Box 149347•Austin,Texas 78714-9347 DAVID L,L,AKBY,M.D. 1-888-963-7111•ww+v.dsh state.tx.us COMMISSIQNBR TDD: 1-800-735-2989 August 21,2012 Celina Hernandez,WIC Director LA#038, Corpus Christi-Nueces County Public Health District 1702 Horne Road Corpus Christi,TX 78416 Dear Ms. Hernandez: FY 2013 WIC contracts,effective dates October 1,2012 through March 31, 2013, are currently being prepared and entered into our system. Please note that this is an initial six month contract. Midway through the six months time period the contract will be extended through September 2013 to cover the full year. This will happen with a formal contract amendment at which time the second six months of funding will be added to the contract. A breakdown of the total"not to exceed"is outlined in the table below. A copy of the contract will be scant out to agencies for signature once all have been entered in late September. In order to help your agency with budgeting,we have provided you with the following initial six month funding amounts: `Project Project Coaatact ` . Initial ; Type of A11©cation - . Amount.:. Admin. NE.. S WIC Benny Jasso Funding berm .`asso@dshs.slate.tx.us $374,380,00 X X X (512)341,4573 Peer Kristina Arrieta Counselor kL!stina.arrieta @dshs.state.t,Us $37,500.00 X 512)341-4593 Registered Angela Gil Dietician angela.gil @dshs.state.tx.us $20,000.00 X X X (512)341-4590 Obesity Angela Gil angela,gil@dshs.state,tx.us $7,500.00 X (512) 341-4590 Lactation Hellen Sullivan $3,000,00 Services hellen.sullivan @dshs.state.tx.us X (512)341-4591 Total Contract"Not to El xceed".,Amount _ $442,380.00 . . An Equal Employment Opportunity Employer and Provider Celina Hernandez,WIC Director August 21,2012 Page 2 Please note that these are initial funding amounts. These amounts may be adjusted at any time during the contracting period. Your agency will be notified by Letter of Amendment for any adjustments to your funding. Letters of Amendments for the Dietetic Internship will be sent out separately at a later date. In order for the State Agency to track these expenditures,please bill for each of these projects on separate State of Texas Purchase Vouchers(B-13). In order to capture all special project expenditures,continue to bill on a separate voucher even if you exceed the allocation amount listed above. Any amount over your allocation will be charged appropriately to your regular funding. Remember to label each voucher with the specific.project name you are billing for as well as listing allocations to Administrative,Nutrition:Education(NE) and Breast feeding(BF)costs. Vouchers without allocations listed will not be applied toward your NE or BF expenditures. Grants that may only be allocated to one category will be applied to that category without any need for allocations. This letter is approval for funding only. It does not relieve the agency from seeking additional approvals as required.by WIC Policy. Requests for purchases should be submitted electronically to the Contract Development and Support Branch email box at: cdsb @dslis.state.tx.us. If you have any questions or require additional information regarding your special projects, please use the project contact information listed above. Questions concerning billing should be directed to Alisin Genfan at(512)776-3156,or alisin.gcnfan@dshs.state.tx.us. Sincerel c-- e Montgomery,Section Director O'r�7Nutrition Services Section Attachment AG An Equal Employment Opportunity Employer and Provider G� p �r7 AGENDA MEMORANDUM pop 4 First Reading Ordinance for the City Council Meeting of September 24, 2013 1852 Second Reading Ordinance for the City Council Meeting of October 8, 2013 DATE: September 18, 2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health annetter @cctexas.com 361-826-7205 Amendment to Regional Health Awareness Board Interlocal Agreement CAPTION: Ordinance authorizing the City Manager to execute all documents necessary to approve and accept this second amendment to Appendix A, of the Regional Health Awareness Board's ("RHAB") Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness, by adding the Texas A&M Irma Lerma Range] College of Pharmacy and Education Service Center, Region 2 as organizations that may appoint members to the RHAB. PURPOSE: Add Irma Lerma Rangel College of Pharmacy and Education Service Center, Region 2 as board representatives. BACKGROUND AND FINDINGS: In 2003, an interlocal agreement between the City of Corpus Christi, Nueces County and San Patricio County was signed to create the Regional Health Awareness Board (RHAB). The RHAB consists of seventeen volunteer members representing a cross- section of health, environmental and social interest, including the Environmental Protection Agency and Texas Commission on Environmental Quality. This agreement enhanced communication with Coastal Bend residence on issues impacting health, safety, environment and life duality. The board was initially funded by a Port Industries grant. In 2009, the parties agreed that the Regional Health Awareness Board needed financial assistance to continue their mission to serve the public. In March the City of Corpus Christi and both Counties approved the first "Amendment to the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness" that added specific funding amounts for both Counties and the City of Corpus Christi. In 2010 the Regional Health Awareness Board Program Coordinator unexpectedly passed away; the foss of their only paid employee made it difficult to take on new initiatives. August 2012, the board hired a new Program Coordinator. March 28, 2013, board members voted to add two new board representatives to enhance the board's knowledge base to better perform the scope of services provided. The Education Service Center, Region 2 will give the Regional Health Awareness Board access to promote a healthy school environment and healthy behaviors of all students and school district personnel by assisting with school health programs. . The addition of the Irma Lerma Range] College of Pharmacy will promote the health and well being to the community by the dissemination of knowledge relating to medications and medication use. No additional funding will be required to add these two positions. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to city policy. EMERGENCY 1 NON-EMERGENCY: Non- emergency DEPARTMENTALCLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 20144 CIP only) Current Year Future Years TOTALS Line Item Budget NONE Encumbered I -Expended Amount This item BALANCE Fund(s): Comments: Not applicable RECOMMENDATION: Council approval of the item LIST OF SUPPORTING DOCUMENTS: Amendment to Appendix A of the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness Ordinance Ordinance Attachment A Resolution 025359 with attachment Resolution 025423 with attachment AMENDMENT TO APPENDIX A OF THE INTERLOCAL AGREEMENT TO PROMOTE COMMUNITY DIALOGUE ON REGIONAL HEALTH AWARENESS WHEREAS,the City of Corpus Christi, TX ("City"), County of Nucces ("Nueces"), and County of San Patricio ("San Patricio"), collectively"Parties" entered into an Interlocal Agreement ("Agreement") in June of 2003; WHEREAS,the purpose of this Agreement was to establish and maintain a Regional Health Awareness Board(`Board") to assess communication models that the Parties can implement to share information used in their health awareness decision-making and the methods the Parties can use to receive and provide to members of the local communities about life quality issues to our residents; Whereas, the Parties agree that a meaningful and sincere dialogue over regional health awareness issues is essential; and Whereas, the Parties agree to add the Irma Lernm Rangel College of Pharmacy and the Education Service Center, Region 2 to the Board representatives. WHEREAS, the Parties agree to amend Appendix A of the Agreement in order to greatly enhance the Boards knowledge base to better perform the scope of services as outlined in Appendix A. THEREFORE, Appendix A to the Agreement is amended as follows: The following lines are ADDED to Paragraph 3 after Texas A &M University—Kingsville (i member): "Texas A &M Irma Lerrna Rangel College of Pharmacy(1 member) Education Service Center, Region 2 (1 member)" All other terms of Appendix A to the Agreement that have not been modified herein shall remain the same. IN WITNESS WHEREOF, the Parties hereby execute this Amendment to Appendix A of the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness. The last executing date of a Party will be the executing date of this Amendment. Page I of 5 INTENDED TO REMAIN BLANK SIGNATURE PAGES ON THE NEXT PAGE Page 2 of 5 Executed this day of , 2013. NUECES COUNTY By: Samuel L. Neal, Jr, County Judge Attested by: Diana Barrera Nueces County Clerk Date: Page 3 of 5 Executed this day of , 2013. SAN PATRICIO COUNTY By: Terry Simpson County Judge Attested by: Gracie Alaniz-Gouzales San Patricio County Clerk Date: Page 4 of 5 Executed this day of , 2013, CITY OF CORPUS CHRISTI By: Ronald Olson City Manager Attested by: Armando Chapa City Secretary Date: Page 5 of 5 Ordinance authorizing the City Manager to execute all documents necessary to approve and accept this second amendment to Appendix A, of the Regional Health Awareness Board's ("RHAB") Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness, by adding the Texas A&M Irma Lerma Rangel College of Pharmacy and Education Service Center, Region 2 as organizations that may appoint members to the RHAB. Whereas, on June 24, 2003 by Resolution 025359, the City of Corpus Christi, TX ("City"), entered into the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness ("Interlocal Agreement") with the Counties of Nueces and San Patricio, collectively "Parties"; Whereas, subsequent to the approval of the Interlocal Agreement all Parties, including the City on August 19, 2003 by Resolution 025423, approved the first amendment of Appendix A wherein the word require was changed to encourage in the third paragraph following section 2. regarding the function of the RHAB. Whereas, a second amendment to the Interlocal Agreement is sought to add the Texas A & M Irma Lerma Rangel College of Pharmacy and Education Service Center, Region 2 as organizations that may appoint members to the RHAB, in order to enhance the RHAB's knowledge base so as to better perform the scope of services outlined in Appendix A. Whereas, the substantive change requested requires the concurrence of the City Council, Nueces County Commissioner's Court and San Patricio County Commissioner's Court's Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1: The City Manager is authorized to execute all documents necessary to approve and accept this second amendment to Appendix A, of the RHAB's Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness, by adding the Texas A&M Irma Lerma Rangel College of Pharmacy and Education Service Center, Region 2 as organizations that may appoint members to the RHAB, as shown on Attachment A, which is attached to and incorporated into this Ordinance. Section 2: All other terms of Appendix A to the Interlocal Agreement that have not been modified by the first or second amendment, shall remain the same. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor APPENDIX A REGIONAL HEALTH AWARENESS BOARD 1. Mission of the Regional Health Awareness Board, To ensure that opportunities exist for quality dialogue by citizens of the coastal bend on the issues impacting health, safety, environment, and life quality. 2. How the Regional Health Awareness Board will function? The Regional Health Awareness Board will function as an independent oversight committee with advisory capacity to the various existing forums for community dialogue. The Board's charge is to ensure that opportunities exist for quality dialogue by citizens of Corpus Christi, Nueces County, and San Patricio County on the issues impacting health, safety, the environment, and life quality. The Board will serve as both (1) a clearinghouse for ensuring that inquiries are addressed in the appropriate forum, and (2) an overarching quality control mechanism to ensure that performance based dialogue is available in all topical areas. The Regional Health Awareness Board will establish standards for effective dialogue and work with the various forums to ensure adoption of these standards. Additionally, information from the Regional Health Awareness Board will be shared with the various forums on a regular basis. The forums will be encouraged to return report key issues and progress back to the Regional Health Awareness Board. The City of Corpus Christi, Nueces County, and San Patricio County will encourage their various boards, commissions, and advisory committees to coordinate their related activities with the Regional Health Awareness Board. Non-governmental organizations ("NGO's") with related activities will be requested to enter into a letter of agreement with the Regional Health Awareness Board that outlines their willingness to work with the Board and participate in the Board's activities. Participation will include attendance at briefings on issues of common interest and the agreement to investigate and propose appropriate responses to those issues. 3. Who will be on the Regional Health Awareness Board? The Regional Health Awareness Board consists of: Six members representing a cross-section of health, environmental, and social interest. Two of these community members will be appointed by the City Council, City of Corpus Christi, two members will be appointed by the Commissioner Court Nueces County, and two members will be appointed by the Commissioner Court San Patricio County. Each governing body will appoint one of their original community member appointees to a two ORDINANCE ATTACHMENT A I year term and the other appointee to a three year term. Subsequent appointments should be for a three year term. In addition, the following organizations may appoint members: City of Corpus Christi (1 member) Nueces County (1 member) San Patricio County (1 member) Port Industries of Corpus Christi (2 members) Texas A & M University— Corpus Christi (1 member) Texas A & M University— Kingsville (1 member) Texas A & M Irma Lerma Rang el I College of Pharmacy ('I member) Education Service Center, Region 2 (1 member) Texas Commission on Environmental Quality, Region 14 (1 ex- officio/non-voting member) U.S. Environmental Protection Agency, Region VI (1 ex-officio/non- . voting member) City of Corpus Christi/Nueces County Health Department (1 ex- officiolnon-voting member) San Patricio Health Department (1 ex-officio/non-voting member) 4. The Regional Health Awareness Board shall meet as frequently as necessary to effective carry out its function, but not less frequently than once each month. 5. The meetings of the Regional Health Awareness Board will be open to the public, and posted under the Texas'Open Meetings Act, Chapter 551,Texas Government Code. ORDINANCE ATTACHMENT A 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH NUECES AND SAN PATRICIO COUNTIES TO PROMOTE COMMUNITY DIALOGUE.ON REGIONAL HEALTH AWARENESS Whereas, concerns over access to life quality decision-making and information have been expressed by some members of the Coastal`Bend communities to regulatory and resource agencies; and Whereas, these citizen concems resulted in the U. S. Environmental Protection Agency to initiate a risk evaluation process to shape.community dialogue; and Whereas, a meaningful and sincere dialogue over regional health awareness issues is essential to the welfare of our community; and Whereas,during discussions between the EPA and key stakeholders, questions regarding the rationale,,need, and value of implementing this addition process were raised because of the numerous existing forums are available and active in the community to respond to the citizens concerns; and Whereas, an evaluation of the existing forums available in the area should be undertaken to determine if there is any need to improve or enhance the methods and opportunities for communication and coordination with the local community on regional health awareness issues; and Whereas, a task force of key stakeholders has proposed the establishment of a Regional Health Awareness Board to assess the EPA's proposed Risk Evaluation Process, assess existing mechanisms for community dialogue, conduct a "gap" analysis between the EPA process and the status quo, and, based on the findings, develop a model to ensure effective dialogue with the community; and Whereas, the City and Nueces and San Patricio Counties are committed to enhancing the current opportunities for community dialogue on health awareness issues in the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Mayor is authorized to execute an interlocal cooperation agreement with Neces and San Patricio Counties to promote community dialogue on regional health awareness. R343MC1.doc 025359 2 ATTE : THE CITY OF CORPUS CHRISTI Armando Chapa amuel L.�eal, Jr. City Secretary Mayor APPROVED: 20th day of June, 2003. R. J R9ning Acting City Attorney R34306C1.dor 3 Corpus Christi, Texas of Lt t� , 2003 The above resolution was passed by the fallowing vote: Samuel L. Neal, Jr. Brent Chesney Javier D, Colmenero C t Melody Cooper en4 Henry Garrett Bill Kelly - --- _ G� �, ,P_ Rex A. Kin nison Q+�� Jesse Noyola Mark Scott _c P� R343€6C1.doc ?_5359 INTERLOCAL AGREEMENT TO PROMOTE COMMUNITY DIALOGUE ON REGIONAL HEALTH AWARENESS This"Interlocal Agreement is entered into by and between,the City of Corpus Christi, Texas ("City'), County of Nueces'("Nueces'), and County of San Patriclo ("San Patrlcio"). Whereas, concems over access to life quality decision-making and information have been expressed by some members of the Coastal Bend communities to regulatory and resource agencies; and Whereas,these citizen concerns resulted in the U. S. Environmental Protection Agency {"EPA")to initiate a risk evaluabon.process to shape community dialogue; and Whereas,the Parties agree that a meaningful and sincere dialogue over regional health awareness issues is essential;and Whereas, during discussions between the EPA and key stakeholders, questions rpgarding,the rationale, need, and value of implementing this addition process were raised because of the numerous existing forums are available and active in the community to respond to the citizens concems; and Whereas,the Parties believe that an evaluation of the existing forams available in the area should be undertaken to determine if there is any need to improve or enhance the methods and opportunities for communication and coordination with the local community on regional health awareness issues; and Whereas, the Parties desire to undertake a foul=step process that will: 1. Assess the EPA's proposed Risk Evaluation Process. 2. Assess existing mechanisms for community dialogue. 3. Conduct a "gap" analysis between the EPA process and the status quo. 4. Based on the findings, develop a model to ensure effective dialogue with the community. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating focal governments (the "Parties"), authorized by appropriate actions of their- governing bodies, agree as follows: 1. Purpose. The purpose of this Agreement is to establish and maintain a Regional- Health Awareness Board to assess communication models that the Parties can implement to share information used in their health awareness decision-making and the 1134306M.doc methods the Parties.can use to receive and provide to members of the local communities about life quality issues of concern to our residents. 2. Scope of Services. The functions to be performed by the Regional Health Awareness Board under this Agreement are outlined In Appendix A. 3. Other Agreements. Supplementary Agreements and Protocols. The Parties are encouraged, all or some, to enter into.additional agreements and protocols governing operating departments of the Parties (fot example, fire and health) are authorized and encouraged to.enter into specific protocols with their counterparts to enhance coordination of regional health awareness matters. 4. Implementation. The City Manager and County Judges, and their designees,.are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall cooperate in developing a plan for the implementation of the activities provided for in this Agreement. S. Participation Notice. Each Party shall notify the other Parties its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 6. Warranty. The Agreement has been officially authorized by the governing body of each Party,and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 7. Administrative Services. The City agrees to provide administrative services necessary to coordinate this Agreement, including providing Parties with a current list of contact information for each Party. 8. Federal and State Participation. Federal and state entities and other local governments may participate in this Agreement, to the extent of any limitations of their authority, by-Furnishing an executed original of the attached Participation Notice to the City. 9. Expanding Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the fallure to expend funds to provide aid under this Agreement. 10. Tenn of Agreement a. This Agreement shall become effective as to each Party,when approved and executed by that Party. b. Once approved by all Parties, this Agreement shall be for a term of one year, and shall be automatically renewed annually, unless any party its participation by giving written notice to the other parties at least sixty days before the end of each annual term. MWOW cc 2 c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 77, Oral and Written Agreements, All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 12. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 13. Interlocal Cooperation Act, The Parties agree that activities contemplated by this Agreement are ggovemmental functions and services"and that the Parties are"local governments" as that term is defined in the Interlocal Cooperation Act: 14. Severability. If any provision of this Agreement Is held invalid for any reason,the invalidity-does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 13. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of thisAgreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 16. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 17. -Exerclse of Police Power. This Agreement and all activities under this Agreement are undertaken solely as an exercise of the police power of the Parties, exercised for the health, safety, and welfare of the public generally, and notfor the benefit of any particular person or persons and the Parties shall not have nor be deemed to have any duty to any particular person or persons. 18. Immunity Not Waived, Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 19, Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. r3430ea4.doc 3 20. No Liability of Parties to One-Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a.particular level of resources or in a particular manner. Each Party to this Agreement waives all claims against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance pf this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 21. Notices. a. Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager P.O. Box 9277 . Corpus Christi, Texas 78469-9277 Nueces County: County of Nueces Attn: County Judge 901 Leopard Street, Room 303 Corpus Christi, Texas 78401-3697 San Patricio County. County of San Patricio Attn: County Judge County Courthouse, Room 109 400 West Sinton Street Sinton,Texas 78387 b. The parties to this agreement may specify to the other party in writing. .22. Amendments to Agreement a. This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. b. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. 23. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. R3430W.doa 4 24. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. t R34306M,doc APPENDIX A REGIONAL HEALTH AWARENESS BOARD 1. Mission of the Regional Health Awareness Board. To ensure that opportunities exist for quality dialogue by citizens of the coastal bend on the issues.impacting health, safety,environment, and life quality. 2. How the Regional Health Awareness Board will function? The. Regional Health Awareness Board will function as an independent oversight committee with advisory capacity to the various existing forums for community dialogue. The Boards charge is to ensure that opportunities exist for quality dialogue by citizens of Corpus Christi, Nueces County, and San Patricio County on the issues impacting health, safety, the environment, and life quality. The Board will.serve as both (1) a clearinghouse for ensuring that inquiries are addressed in the appropriate forum, and (2) an,overarching quality control mechanism to ensure that performance based dialogue is available in all topical areas. The Regional Health Awareness Board will establish standards for effective dialogue and work with the various forums to ensure adoption of these standards. Additionally, information from the Regional Health Awareness Board will be shared with the various forums on a regular basis. The forums will be encourage to return report key issues and progress back to the Regional Health Awareness Board. The City of Corpus Christi, Nueces County, and San Patdcio County will require their various boards, commissions, and advisory committees to coordinate their related activities with the Regional Health Awareness Board. Non-governmental organizations ("NGOV)with related activities will be requested to eater into a letter of agreement with the Regional Health Awareness Board that outlines their willingness to work with the Board and participate in the Board's activities. Participation will include attendance at briefings on issues of common interest and the agreement to investigate and propose appropriate responses to those issues. 3. Who will be on the Regional Health Awareness Board? The Regional Health Awareness Board consists of Six members representing a cross-section of health, environmental, and social interest. Two of these community members will be appointed by the City Council,, City of Corpus Christi, two members will be appointed by the Commissioners Court Nueces County, and two members will be appointed by the Commissioner Court San Patricto County. Each governing body will appoint one of their original community member appointees to a two 1334348B5,doc 1 year term and the other appointee to a three year term. Subsequent appointments should be for a three year term. In addition, the following organizations may appoint members: City of Corpus Christi (1 member) Nueces County(1 member) San Patricio County(1 member) Port Industries of Corpus Christi (2 members) Texas A& M University—Corpus Christi (1 member) Texas A& M University—1Ungsville(1 member) Texas Commission on Environmental Quality, Region 14 (1 ex-officio/non-voting member) U. S. Environmental Protection Agency, Region VI (1 ex-officio/non- voting member) City of Corpus Christi lNueces County Health Department (1 ex officio/non-voting member) San Patricio Health Department(1 ex officiolnon voting member) 4. The Regional Health Awareness Board shall meet as frequently as necessary to effective carry out its-unction, but not less frequently than once each month'. 5. The meetings of the Regional Health Awareness Board will be open to the public, and posted under the Texas Open Meetings Act, Chapter 551, Texas Government Code. PMOBB5.doc 2 PARTICIPATION NOTICE hereby notify the Parties that the City of Corpus Christi, Texas, has approved participation in the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. ��O 3 Samuel L. Neal, Jr. Date Mayor City of Corpus Christi $I COUNCIL„�r��:�K SE-WARY R3a3M4.doa PARTICIPATION NOTICE I hereby notify the Parties that the County of San Patricio, Texas, has approved participation in the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness, by lawful action its goveming body, a true copy of which is attached and incorporated in this Agreement. Tent'S' on ate / County,Judge County of San Patricio, Texas R34306M.doc PARTICIPATION NOTICE hereby notify the Parties that the County of Nueces, Texas, has approved participation in the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Terry 5hamsi Date County Judge County of Nueces, Texas, f. FILED SEP 2003 RNES ©NES c r , au 7 9 R3430BA4.doc RESOLUTION APPROVING THE AMENDMENT OF APPENDIX A, REGIONAL HEALTH AWARENESS BOARD, TO THE INTERLOCAL AGREEMENT TO PROMOTE COMMUNITY DIALOGUE ON REGIONAL HEALTH AWARENESS WITH NUECES AND SAN PATRICIO COUNTIES ` RELATING TO THE COORDINATION BETWEEN THE REGIONAL HEALTH AWARENESS' BOARD AND OTHER` CITY AND COUNTY BOARDS, COMMISSIONS,AND ADVISORY COMMITTEES Whereas,the.City Council by Resolution 025359 on June24, 2003, approved the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness with Nueces and San Patricio Counties; and Whereas,following the approval of the Interlocal agreement by the City Council, the Nueces County Commissioners'Court amended Appendix A, Regional Health Awareness Board,to the Interlocal agreement relating to the coordination between the Regional Health Awareness.Board and other City and County boards, commissions, and advisory committees; and Whereas,the substantive change made by the Nueces County Commissioners' Court requires the concurrence of the City Council and the San Patricia County Commissioners' Court; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1. The.City Council of the City of Corpus Christi approves the amendments to Appendix A, Regional Health Awareness Board; to the Interlocal Agreement to Promote Community.Dialogue on Regional Health Awareness as shown on Attachment A,which is attached to and incorporated into this resolution. ATTES • THE CITY OF CORPUS CH RI TI Armando Chapa amuel L. Neal, jr. City Secretary Mayor. APPROVED: le day of August, 2003. R. J eining Actlng43ity Attorney FW306D1.doa 0 254?3 INDEXED • t } ,2 . Corpus Christi, Texas Of , 2003 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper [ _ Henry Garrett {} Bill Kelly 0 VXA-� Rex A. Kinnison Jesse Noyola Mark Scott R34306DlAoc 025423 APPENDIX A REGIONAL HEALTH AWARENESS BOARD 1. Mission of the Regional Health Awareness Board. To ensure that opportunities exist for quality dialogue by citizens of the coastal bend on the issues impacting health, safety, environment, and life quality. 2. How the Regional Health Awareness Board will function? The Regional Health Awareness Board will function as an independent oversight committee with advisory capacity to the various existing forums for community dialogue. The Board's charge is to ensure that opportunities exist for quality dialogue by citizens of Corpus Christi, Nueces County, and San Patriclo County on the Issues impacting health, safety,the environment, and life quality. The Board will serve as both (1)',a clearinghouse for ensuring that inquiries are addressed in the appropriate forum, and (2) an overarching quality control mechanism to ensure that performance based dialogue 1s available in all topical areas. The Regional Health Awareness Board will establish standards for effective dialogue and work with the various forums to ensure adoption of these standards. Additionally, Information from the Regional Health Awareness Board will be shared with the various forums on a regular basis. The forms will be encourage to return report key issues and progress back to the Regional Health Awareness Board. The City of Corpus Christi, Nueces County, and San Patrido County will require encourage their various boards, commissions, and advisory committees to coordinate their related activities with the Regional Health Awareness Board. Non-governmental organizations C NGO's')with related activities will be requested to enter into a letter of agreement with the Regional Health Awareness Board that outlines their willingness to work with the Board and participate in the Board's activities. Participation will include attendance at briefings on issues of common interest and the agreement to investigate and propose appropriate responses to those issues. 3. Who will be on the Regional Health Awareness Board? The Regional Health Awareness Board consists of Six members representing a cross-section of health, environmental, and social interest Two of these community members will be appointed by the City Council, City of Corpus Christi, two members will be appointed by the Commissioners Court Nueces County, and two members will be appointed by the Commissioner Court San Patricio County. Each governing body Will appoint one of their original community member appointees to a two EU430686.doc ATTACHMENT A 1 a year term and the.other'appointee to a three year term. Subsequent appointments should be for a three year term. In addition, the following organizations may appoint members: City.of Corpus Christi (1 member) Nueces County(1 member) San Patricio County(1 member) Port Industries of Corpus Chdsfi-(2 members) Texas,A& M University—Corpus Christi (1 member) Texas A&M University— Kingsville('! member) Texas Commission on Environmental Quality, Region 14 (1-ex officlolnon-voting member) U. S. Environmental Protection Agency, Region Vl (1 ex-offciolnon- voting member) City of Corpus Christi/Nueces County Health Department (1 ex-ofifclo/non voting member) San Patricia Health Department(1 ex-officio/non-voting member) 4. The Regional Health Awareness Board shall meet as frequently as necessary to effective carry out its function, but not less frequently than once each month. 5. The meetings of the Regional Health Awareness Board will be open to the public, and posted under the Texas Open Meetings Act, Chapter 551,Texas Govemment Code. 1134306W.doe 2 SUS Cb�� O � AGENDA MEMORANDUM i85a First Reading Ordinance for the City Council Meeting of September 24, 2013 Second Reading for the City Council Meeting of October 8, 2013 DATE: August 26, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV @cctexas.com (361) 826-3246 Closing a portion of a 10-foot wide utility easement out of Parkdale Village Annex and Lot 2, Parkdale Village Annex C CAPTION: Ordinance abandoning and vacating a portion of a 10-foot wide utility easement out of Parkdale Village Annex and Lot 2, Parkdale Village Annex C and requiring the owner, TWF Partners, LLC., to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for the future development of the subject property. BACKGROUND AND FINDINGS: TWF Partners, LLC. (Owner) is requesting the abandonment and vacation of a 1,826-square foot portion of a 10-foot wide utility easement out of Parkdale Village Annex and Lot 2, Parkdale Village Annex C, located west of South Staples Street and north of Everhart Road. The abandonment and vacation of the utility easement is being requested by the Owner because they are replatting both lots into one, and the 10-foot utility easement is located in the middle of the two lots being replatted. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49-12. The Owner will be replatting said property and upon replatting will be dedicating a new utility easement (8,028 square feet). The proposed easement will be of equal or greater value to off-set the proposed abandonment and vacation of the existing 1,826-square foot easement. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owners' ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-13. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities within or objections to the proposed easement closure. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate to the City new utility easements of equal or greater value than the utility easements being released by the City in this easement closure action, in accordance with the Corpus Christi Code of Ordinances, Section 49-12, within 180 days of City Council approval of this ordinance so that the requirement of paying fair market value for the properties can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a portion of a 10-foot wide utility easement out of Parkdale Village Annex B and Lot 2, Parkdale Village Annex C and requiring the owner, TWF Partners, LLC., to comply with specified conditions. WHEREAS, TWF Partners, LLC. ("Owner") has requested the abandonment and vacation of a portion of a 10-foot wide utility easement out of Parkdale Village Annex B and Lot 2, Parkdale Village Annex C; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, September 24, 2013 during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 1,826-square foot portion of a 10-foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of TWF Partners, LLC. ("Owner'), a 1,826-square foot portion of a 10-foot wide utility easement out of Parkdale Village Annex B and Lot 2, Parkdale Village Annex C, located west of South Staples Street and north of Everhart Road, as recorded in Volume 27, Page 67, and Volume 29, Page 12, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate to the City new utility easements of equal or greater value than the utility easements being released by the City in this easement closure action, in accordance with the Corpus Christi Code of Ordinances, Section 49-12, within 180 days of City Council approval of this ordinance so that the requirement of paying fair market value for the properties can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor URBAN ENGINEERING Revised: August 30,2013 Job No.40889.B3.01 August 06,2013 10 Foot Wide Utility Easement Closure STATE OF TEXAS COUNTY OF NUECES Fieldnotes for the closure of a 10 foot wide utility easement,0.042 acres,more or less,over and across of Parkdale Village Annex"B",a map of which is recorded in Volume 27,Pg.67,Map Records of Nueces County,Texas and Lot 2,Parkdale Village Annex"C",a map of which is recorded in Volume 29,Page 12,Map Records of Nueces County, Texas;said easement being more fully described as follows: Commencing at a 1/2 inch iron pipe found on the North R-O-W line of Whataburger Way,a public roadway,for the Southeast corner of said Lot 2,same being the Southwest comer of said Parkdale Village Annex"B",thence North 28°50'30"East, 10.00 feet to the Point of Beginning and for a point in the Southwest boundary of this easement; Thence,North 61°09'30"West,with the said Southwest easement line,5.00 feet,to the Southwest comer of this easement; Thence,North 28°50'30"East, 185.57 feet,to the North comer of this easement; "Thence,South 31'06'10"East,passing the Southeast line of said Lot 2 and the Northwest line of said Parkdale Village Annex"B", 11.55 feet,to the East a corner of this casement; Thence,South 28°50'30"West, 179.61 feet,to the South corner of this easement; "Thence,North 63'05'13"West,5.00 feet,to the Point of Beginning,containing 0.042 acres(1,826 Sq.Ft.)of land, more or less. Bearings are based on the recorded plat of Iarkdale Village Annex"C",a map of which is recorded in Volume 29, Page 12,Map Records of N ueces County,Texas. Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of Tract described herein. URBAN ENGINEERRV Dan L.Urban,R.P.L.S. License No.4710 ��..Yt�t6lttttltt...[tt.tti.tttt a DAN LEE URBAN \\7...:.......47'!tit....., .,t.: V7 - EXHIBIT A S:\Surveying\40889\8301\FNIOUE.doc Page I of 1 (361)854-3101 2725 SWANTNER DR.• CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145 F mar N ��° � 3 z� d 6° �•..��� ntor Go S M ° i o ti•�a Go ° oit s C kP � � �:,p �•o � �� 07 .P moo/ P /,i \ o o ,o(ry c �lp� S I lT i f O� o° e P RQ �C o'/ s/y 4+P.nd Ln_olf�, / �gaT�s �j� °�/o/ C Pr r rl¢ Por °c y `JU 'r 9 a/O/ Q O ��i Oei J /.oc 17 ✓c J`ton 2) ° ✓ • o°/o D c oc y a c 'a mss "q, a a / 2 Location Map N.T.S. � \ o G as \` �j h + a 0 N ° W e ° h� Z � yry� Q° cap oy°00 00 LINE BEARING DISTANCE L1 N61409 30 5.00 L2 S31 e06'10 E 11.55 L3 N6.T05'1 3V 5.00 90' 60' 30' 0' 60' 120' Sketch to Accompany t-e0' F'IELDNOTES for the closure of a 10.00 foot wide utility easement, more or less, over and across of Parkdale Village Annex "B", a map of which is recorded In Volume 27, Pg. 67, Map Records of Nueces County, Texas and Lot 2, Parkdale Village Annex "C", a map of which Is recorded In Volume 29, Page 12, Map Records of Nueces County, Texas. URBA DATE: AF;ust 5, 2013 ENGINEERING SCALE: 1 408 JOB NO.: 40889.63.01 CORPUS CHRISTI, TEXAS SHEET: 1 Of 1 EXHIBIT B Fjm Na 141 2725 s mall s1.,Copus M*11 1X 78+a DRAWN BY: RLG PWim•(J61)&-4-J101 FAX(J61)&'W-6001 02013 by Urban Engineering SC AGENDA MEMORANDUM µrya First Reading Ordinance for the City Council Meeting of September 24, 2013 Second Reading for the City Council Meeting of October 8, 2013 DATE: August 30, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV @cctexas.com (361) 826-3246 Closing a portion of a 15-foot wide utility easement out of Lots 5A and 6A, Industrial Technology Park Unit 1 CAPTION: Ordinance abandoning and vacating a portion of a 15-foot wide utility easement out of Lots 5A and 6A, Industrial Technology Park Unit 1, and requiring the owner, Agnes Properties, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for the future development of the subject property. BACKGROUND AND FINDINGS: Agnes Properties (Owner) is requesting the abandonment and vacation of a 9,489-square foot portion of a 15-foot wide utility easement out of Lots 5A and 6A, Industrial Technology Park Unit 1, located northeast of Junior Beck Drive and southwest of South Padre Island Drive. The abandonment and vacation of the utility easement is being requested by the Owner because they are replatting both lots into one, and the 10-foot utility easement is located in the middle of the two lots being replatted. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49-12. The Owner will be replatting said property and upon replatting will be dedicating a new utility easement (40,180 square feet). The proposed easement will be of equal or greater value to off-set the proposed abandonment and vacation of the existing 9,489-square foot easement. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owners' ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-13. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities within or objections to the proposed easement closure. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital N Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate to the City new utility easements of equal or greater value than the utility easements being released by the City in this easement closure action, in accordance with the Corpus Christi Code of Ordinances, Section 49-12, within 180 days of City Council approval of this ordinance so that the requirement of paying fair market value for the properties can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a portion of a 15-foot wide utility easement out of Lots 5A and 6A, Industrial Technology Park Unit 1, and requiring the owner, Agnes Properties, to comply with specified conditions. WHEREAS, Agnes Properties ("Owner") has requested the abandonment and vacation a portion of a 15-foot wide utility easement out of Lots 5A and 6A, Industrial Technology Park Unit 1; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, September 24, 2013 during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 9,489-square foot portion of a 15-foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Agnes Properties ("Owner"), a 9,489-square foot portion of a 15-foot wide utility easement out of Lots 5A and 6A, Industrial Technology Park Unit 1, located northeast of Junior Beck Drive and southwest of South Padre Island Drive, as recorded in Volume 54, Page 161, and Volume 53, Page 187, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate to the City new utility easements of equal or greater value than the utility easements being released by the City in this easement closure action, in accordance with the Corpus Christi Code of Ordinances, Section 49-12, within 180 days of City Council approval of this ordinance so that the requirement of paying fair market value for the properties can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor URBAN ENGINEERING Job No.37394.82.00 August 12,2013 15 Foot Wide Utility Easement Closure STATE OF TEXAS COUNTY OF NUECES Fieldnotes for the closure of a 15 foot wide utility easement,0.22 acres,more or less,over and across of Lots SA &6A,Industrial Technology Park Unit I,a map of which is recorded in Volume 54,Page 161,Map Records of Nueces County,Texas and of Lot 7,Industrial Technology Park Unit I,a map of which is recorded in Volume 53,Page 187,Map Records of Nueces County,Texas;said easement being more fully described as follows: Commencing at a 5/8 inch iron rod found on the East R-O-W line of Junior Beck Drive,a public roadway,for the Southwest comer of Lot 4,Industrial Technology Park Unit 1,a map of which is recorded in Volume 53,Page 187,Map Records of Nueces County,Texas,same being the Northwest comer of said Lot 5A; Thence,of a circular curve to the right,whose radius point bears,South 87°59'52"West,828.02.00 feet,having a delta angle of 02°16'08",a radius of 828.02 feet,a tangent length of 16.40 feet and an arc length of 32.79 feet; Thence,with said East R-O-W line of Junior Beck Drive and circular curve to the right,32.79 feet to a point; Thence,South 00°16'00"West,78.82 feet,to a point on the East line of said Junior Beck Drive,same being the West line of said Lot 5A; Thence,South 89°24'19"East,20.00 feet,to the Point of Beginning and for the Northwest comer of this easement; Thence,South 8924'19"East,passing the East line of said Lot 5A and the West line of said Lot 6A,632.58 feet, to the Northeast comer of this easement; Thence,South 00116'00"West,passing the South line of said Lot 5A and the North line of said Lot 7, 15.00 feet, to the Southeast a comer of this easement; Thence,North 89'24'19"West,with the South easement line,632.58 feet,to the Southwest comer of this easement; '[hence,North 00°16'00"East, 15.00 feet,to the Point of Beginning,containing 0.22 acres(9,489 Sq.FL)of land, more or less. Bearings are based on the recorded plat of Industrial Technology Park Unit I,a map of which is recorded in Volume 54,Page 161,Map Records of Nueoes County,Texas Unless this 6eldnotes description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein OF ,� ••�,t'ST�'R�:fy �\ URBAN ENGINEERING 4. A LEE URBAN 4710 �,;� �� an L.Urban,RP. .S. • tP' ,� License No.4710 3- EXHIBIT A S:\Surveying 137394X820010FFICEUMETES AND BOUNDSTN I5UE.doc Page l of l (361)854-3101 2725 SWANTNER DR.. CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urborLeng.com TBPE Firm#145 £9 '6d 'V l0A .O'v. s)ol wjoj s uyoa—wiayua6no M 8 ` 9 10� 14s�` m coo C-4 — .o �a0 C COM �• G1�Js its ail S9 r I S a z O ID 00- WWI ~> I 0 N i V T, am "� Z �Y c I o �E�a ' � 0 c o 3 W otl W�� J� F- I I I I IY o� a� r p a U 0 Z Jro u � I o 0 u0� z 99 0 z OPR :t I I I Z 0 0- ui Q O O y CD v°i ZZ ao w N o a V J o Z 00�W J�LO m I o I NI ..........� c c I b Y I a°m I T � I a oaZ- o J 1r7 W O O I u`n, b n'a �o E �_ I LM.ZIS.MLGS-/ co 3'n-0im('M'0'!1 09) �g aAp(] joa8 joiunr X ♦� W p pN�pry QCI�-J d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of September 24, 2013 2852 Action Item for the City Council Meeting October 8, 2013 DATE: September 24, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a)-cctexas.com (361) 826-3169 Michael Morris, Director of Parks and Recreation michaelmo(cD-cctexas.com (361) 826-3464 Purchase of Pickup Trucks CAPTION: Motion approving the purchase of five (5) pickup trucks from Philpott Motors, Nederland, Texas for a total expenditure of $143,901.25. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted by the Parks and Recreation Department in FY 2013- 2014. PURPOSE: To be used for beach rescue and beach maintenance. Four (4) of the units are replacements to the fleet and one (1) is an addition to the fleet in order to add more trash routes on the beach. BACKGROUND AND FINDINGS: Not applicable. ALTERNATIVES: CNG engines are available in Ford F150 2-wheel drive pickup trucks, but only in a 3.7 liter, V-6 engine. The pick-up trucks needed for the beach operations are 4-wheel drive and are configured with a 5.0 liter, V-8 engine. An F250 (3/4 ton) pickup is available in a 4-wheel drive, V-8 engine configuration, but this size truck does not work well on the beach due to its heavier weight and suspension design. OTHER CONSIDERATIONS: The closest CNG fueling station to the island is the City's Service Center at Holly and Ayers Streets. Commuting to and from the Service Center to fuel with CNG will result in approximately 260 hours of lost productivity annually and an additional 12,000 miles each year on the five vehicles combined. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $175,000.00 $0 $175,000.00 Encumbered / Expended Amount $0 $0 $0 This item $143,901.25 $0 $1437901.25 BALANCE $317098.75 $317098.75 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION PICKUP TRUCKS BUYER: GERALD GOODWIN TLGPC CONTRACT NO. 358-10 PHILPOTT MOTORS NEDERLAND, TEXAS UNIT TOTAL ITEM DESCRIPTION JQTY. I UNIT PRICE PRICE 1 Ford F-150 XLT Super Crew 4x4 pickup truck 5 1 Each $28,780.25 $143,901.25 TOTAL: $143,901.25 d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of September 24, 2013 2852 Action Item for the City Council Meeting of October 8, 2013 DATE: September 24, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a-)-cctexas.com (361) 826-3169 Debbie Marroquin, Director of Gas Operations debbiem(cD-cctexas.com (361) 855-6924 Freightliner Truck with Pressure Digger Body CAPTION: Motion approving the lease-purchase of one (1) Freightliner truck with pressure digger body from Freightliner of Houston, Houston, Texas for a total amount of $285,809.00. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (HGAC). Funding is available from the city's lease-purchase financing contractor. PURPOSE: To be used by the Gas Department to install the sacrificial anodes that provide cathodic protection to steel gas mains throughout the City. BACKGROUND AND FINDINGS: This unit will be an addition to the fleet. Due to aging infrastructure, the steel gas mains require additional cathodic protection and increased replacement of depleted anodes. Since the quantity of anode replacements and new anode installations is increasing, the current drill truck is not sufficient to keep up with the workload. This type of specialty equipment needs constant preventative maintenance and frequent repair which results in long downtime periods. During this time, an additional pressure digger is needed to keep up with the TRRC/PHMSA-mandated repair deadlines. There is also a need for two trucks to be utilized to keep up with the anode installation workload during the peak anode installation period, which is happening more frequently due to the increased cathodic protection needs on aging steel gas mains. ALTERNATIVES: The expected service life of this vehicle is 15 years. The table below contains the projected 15- year life-cycle-cost of each of the indicated engine types. The diesel engine proves to be the most cost effective option, costing $33,292 less over the vehicle's 15-year life cycle. Type of Engine Purchase Price Cost of Fuel Over 15 Years 15-Year Life ($1.22/diesel-gal.-equivalent for CNG& Cycle Cost $3.12/ al.of diesel CNG $345,836 $21,230 $367,066 Diesel $285,809 $47,965 $333,774 Difference: $33,292 OTHER CONSIDERATIONS: Financing for the lease-purchase of the Freightliner truck with pressure digger body is based on a sixty-month term with an estimated interest rate of 2.18% for an annual payment of $60,385.56. The total estimated cost over the five-year period, including principal of $285,809.00 and interest of$16,118.78, is $301,927.78. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Gas Department. FINANCIAL IMPACT: x Operating ❑ Revenue x Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $134,883.33 $266,702.87 $401,586.20 Encumbered / Expended Amount $0 $0 $0 This item $35,224.91 $266,702.87 $301 ,927.78 BALANCE $99,658.42 $99,658.42 Fund(s): Gas Fund Comments: The $35,224.91 financial impact shown above represents seven (7) months of payments that will be encumbered through the end of this fiscal year. The remaining $266,702.87 for the last fifty-three (53) months of the lease-purchase payments will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION HGAC CONTRACT NO. HT11-12 BUYER: GERALD GOODWIN FREIGHTLINER TRUCK WITH PRESSURE DIGGER BODY Houston Freightliner, Inc. Houston, Texas UNIT EXTENDED ITEM DESCRIPTION QTY.1 UNIT PRICE PRICE 2013 Freightliner M2-106 Cab/Chassis with 1 Highway Model HM-38 Pressure Digger Body with 1 Each $285,809.00 $285,809.00 the following options: 4.5" Internally Sealed Dry Kelly Bar System and Auger Adapter for Kelly Bar. TOTAL: $285,809.00 d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of September 24, 2013 2852 Action Item for the City Council Meeting of October 8, 2013 DATE: September 24, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a)-cctexas.com 361-826-3169 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm(aD-cctexas.com 361-826-3932 Curbside Refuse and Recycle Containers CAPTION: Motion approving the lease purchase of 7,488 96-gallon curbside refuse containers and 1,872 96-gallon curbside recycle containers from Toter Incorporated, Statesville, NC for the total amount of$488,989.20. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease/purchase financing program. PURPOSE: These containers are used by customers for their refuse and recycling needs. BACKGROUND AND FINDINGS: These containers will be distributed to residents in new start-up homes, residents requesting additional containers and replacement units. The entire City is currently on the automated collection program. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The containers will be funded for a sixty-month period with an estimated interest rate of 2.18%. The actual interest rate will be determined after the acceptance of the containers. The estimated annual payment for the Solid Waste Department is $103,313.40. Total estimated cost over the sixty-month period, including principal of $488,989.20 and interest of $27,577.55, is $516,566.75. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $2,683,897.63 $447,691.15 $3,131,588.78 Encumbered / Expended Amount 16,376.96 0 16,376.96 This item 1 68,875.601 447,691.15 1 516,566.75 BALANCE $2,598,645.07 0 1 $2,598,645.07 Fund(s): General Fund Comments: The $68,875.60 financial impact shown above represents eight months of payments that will be encumbered through the end of this fiscal year. The remaining $447,691.15 for the last fifty-two (52) months of the lease-purchase payments will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PRICE SHEET HGAC CONTRACT#GC01-13 PURCHASING DIVISION CURBSIDE REFUSE& RECYCLE CONTAINERS SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: SEPTEMBER 24, 2013 Toter Incorporated Statesville, NC Unit Extended Item Description Qty. Unit Price Price 1 96-gallon curbside refuse containers 7,488 Ea $ 51.51 $ 385,725.12 2 96-gallon curbside recycle containers 1,872 Ea $ 55.16 $ 103,264.08 $ 488,989.20 TOTAL: se 0 *4 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 24, 2013 Action Item for the City Council Meeting of October 8, 2013 0ORPOR 11 1832 DATE: September 24, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m i keb(a)-cctexas.com 361-826-3169 Valerie H. Gray, P.E., Director of Storm Water and Street Operations valerieg(a)-cctexas.com 361-826-1875 F_ Trap Rock CAPTION: Motion approving a supply agreement with Vulcan Construction Materials, L.P., San Antonio, Texas for approximately 6,000 tons of trap rock in accordance with Bid Invitation No. BI-0176-13 based on lowest responsible bid, for a total amount of $277,500 of which $231,250 is required for FY 2013- 2014. The term of the supply agreement will be twelve-months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Street Department in FY 2013-2014. PURPOSE: The trap rock will be used by the Street Department for the street seal coating program. Seal coating is a maintenance process that extends the life of the street. BACKGROUND AND FINDINGS: Not applicable. ALTERNATIVES: Martin Marietta Materials, San Antonio, Texas submitted the apparent low bid, however, Martin's offer does not meet the specification requirements for gradation. Martin Marietta met only one of the five requirements of the specifications. The gradation balance of the rock size is important in order to have a long lasting life on the seal coat and a smooth ride. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTALCLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $2,370,831.00 $46,250.00 $2,417,081.00 Encumbered / Expended Amount $733.73 $733.73 This item $231,250.00 $46,250.00 $277,500.00 BALANCE $2,138,847.2 $2,138,847.27 Fund(s): Street Funds Comments: The $231,250.00 financial impact shown above represents ten (10) months of payments that will be encumbered through the end of this fiscal year. The remaining $46,250.00 for the last two (2) months of the supply agreement will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation / E _ 0 6 $ \ a CD M EL' o _ m 0 C °q J ® ch c ° g \ / � k ƒ \ LO \ \ 2 / cq ko § / + 0 7 0 u § / « R E 2 \ / \ / \ \ f L e e 7 § C) o 0 ± 6 6 > a 2 7 7 7 / � \ \ \ m 0 m m — ■ / 2 ) ¥ 0 � 6 o � � / ( / ` $ \ LU g \ U £ � ■ 5 f § > d f \ E CL E o $ / / f 2 m O R 2 ; \ U O 7 % o 00 2 R � E > ± / ; Z I ¥ o = ; c o Q CD § qCL / § / 2 / 2 ® to o k ) 2 § a § o' .- Z 0 4 k \ w \ .3 c ch o o \ CO § 2 ~ U) .3 c 2 \ \ i o @ •- CD\ 0k U) � k / Z 2 L b * _ ■ ± 0 ¥ _ _ \ c ■ 3 / W a) 6 \ E a ' \ L o U) > G of IS / 2 3 2 2 m o o % ■ 0 CD \ % / \ \ k k O g �2 E R o \ % 4) \ ƒ Q / R \ $ » U \ f � \ i i 0 se 0 *4 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 24, 2013 Action Item for the City Council Meeting of October 8, 2013 0ORPOR 11 1832 DATE: September 24, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(a)-cctexas.com 361-826-3169 Michael Armstrong, Director of MIS M ichaelAr(a)-cctexas.com 361-826-3740 Data Collection Unit (DCU) Component Upgrade to the Automated Meter Reading (AMR) System CAPTION: Motion approving a contract with Aclara Technologies LLC, Hazelwood, Missouri for the purchase and installation of components on approximately 61 Data Collection Units (DCU's) of the City's automatic meter reading (AMR) system. The award is based on sole source, for a total amount of $71,791.33. Funds have been budgeted by the MIS Department in FY 2013-2014. PURPOSE: This purchase will update our current infrastructure to the latest technology, while reducing the number of Data Collector Units (DCUs) from 98 units to 77 units. BACKGROUND AND FINDINGS: Aclara Technologies LLC is the sole source manufacturer of the STAR® Fixed Network Automatic Meter Reading System which is currently installed throughout the City of Corpus Christi. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTALCLEARANCES: MIS Operation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $545,194.23 $545,194.23 Encumbered / Expended Amount $473,402.90 $473,402.90 This item $71,971.33 $71,971.33 BALANCE 1 0.001 1 0.00 Fund(s): MIS Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION DCU COMPONENT UPGRADE TO AMR BUYER: GABRIEL MALDONADO COUNCIL DATE: SEPTEMBER 24, 2013 Aclara Technologies LLC Hazelwood, Missouri ITEM DESCRIPTION QTY I UNIT UNIT PRICE I TOTAL PRICE 1. DCU components 1 LOT $33,999.33 $33,999.33 2. Complete installation, programing and testing. 1 LOT $37,792.00 $37,792.00 Grand Total $71,791.33 Aclara-Corpus Christi TX MASTER AGREEMENT This Master Agreement is made and entered into as of the date last signed (the "Effective Date") by and between: Aclara Technologies LLC, an Ohio Limited Liability Company 945 Hornet Drive Hazelwood, MO 63042 (Referred to herein as "Aclara") And City of Corpus Christi, a Texas Corporation 2726 Holly Road Corpus Christi, Texas 78415 (Referred to herein as "Purchaser") Collectively, Aclara®and Purchaser may be referred to as "Parties". Whereas, Aclara has developed certain proprietary equipment and software which together constitute the Aclara®Technology System which performs automatic meter reading and collects metering data utilized by providers of electricity, gas and water to consumers; Whereas, Purchaser desires to acquire from Aclara an upgrade to its Aclara Technology System utilized by Purchaser for automated meter reading of residential, industrial and commercial utility meters and for other purposes; Now Therefore, in consideration of the mutual covenants set forth herein, and intending to be legally bound, the Parties agree as follows: 1. Definitions. The following words and phrases shall have the following meanings for the purposes of this Master Agreement. A. "Master Agreement" means this document and the following Exhibits all of which are attached hereto and made a part hereof, and any amendments, modifications or supplements thereto or attachments incorporated therein: 1) Exhibit A, Statement of Work 2) Exhibit B, List of Deliverables and Pricing 3) Exhibit C, Software License Agreement 4) Exhibit D, Maintenance Agreement 5) Exhibit E, Aclara Equipment Warranties B. "Aclara Licensed Software" shall have the meaning as it is defined in Exhibit D, Software License Agreement. C. "Aclara Personnel" means all employees of Aclara, Aclara's subcontractors and their employees, or any other personnel assigned by Master Agreement- Rev 3-7.18.13 Page 1 of 16 Aclara—Corpus Christi TX Aclara to provide work pursuant to this Master Agreement. Aclara Personnel shall not include any Purchaser Personnel. D. "Aclara STAR System" means the AMI system comprised of: 1) the Hardware purchased from Aclara by Purchaser under this Agreement; and 2) the Software licensed by Aclara to the Purchaser under the terms of this Agreement and Exhibit C, Software License Agreement. E. "Commercially Reasonable Efforts" means taking such steps and performing in such a manner as a well managed company would undertake where it was acting in a determined, prudent and reasonable manner. F. "Contract Manufacturers" means those entities that manufacture proprietary Aclara designed transponders, substation control equipment and other equipment. G. "Deliverables" mean the Equipment, Software and Services listed on Exhibit B, List of Deliverables, Pricing and Delivery Dates. H. "Delivery" means, in the case of Equipment purchased hereunder, the loading of the equipment on the means of transport of the carrier selected by Aclara pursuant to Section 10, below. "Delivery" means, in the case of Software provided hereunder, the remote installation of the Software by Aclara on the Purchaser-provided Designated Equipment, or, if applicable, upon the Delivery of the Designated Equipment provided by Aclara on which the Software is installed. "Delivery" means, in the case of Services provided hereunder, the periodic performance of such Services as described herein. I. "Equipment" means those products described on Exhibit B, List of Deliverables, Pricing and Delivery Dates that are manufactured by Aclara or by a Contract Manufacturer and denoted as "Equipment." J. "Hardware" means the Equipment and Third Party Equipment described on Exhibit B, List of Deliverables, Pricing and Delivery Dates. K. "Maintenance Agreement" means Exhibit D." L. "Project Schedule" shall mean the schedule developed in accordance with Section 3, below. M. "Purchaser Personnel" means all employees of Purchaser, Purchaser's subcontractors and their employees, or any other persons or entities assigned by Purchaser to provide materials, services or labor in furtherance of Purchaser's installation, deployment and use of Purchaser's Master Agreement- Rev 3—7.18.13 Page 2 of 16 Aclara—Corpus Christi TX STAR Technology System. Purchaser Personnel shall not include any Aclara Personnel. N. "Services" shall mean those services to be performed by Aclara as described herein. O. "Software License Agreement" means the agreement, a copy of which is attached as Exhibit D, Software License Agreement P. "Third-Party Equipment" means the those products described on Exhibit B, List of Deliverables, Pricing and Delivery Dates that are not manufactured by Aclara or by a Contract Manufacturer and denoted as "Third Party Equipment." Q. "Third Party Licensed Software" shall have the meaning as it is defined in Exhibit D, Software License Agreement. R. "Work" means all obligations, duties and responsibilities of the Parties necessary to be performed by them in order to accomplish all of their respective obligations under this Master Agreement. 2. Work. Upon the effective date of this Master Agreement, Aclara shall provide all necessary equipment, software, management, supervision, materials, tools, supplies, facilities and resources necessary to perform its Work in accordance with the terms of this Master Agreement. Upon the effective date of this Master Agreement, Purchaser shall provide all necessary management, supervision, resources and materials required (but not to be supplied by Aclara hereunder) to perform its Work in accordance with the terms of this Master Agreement. 3. Project Schedule. Aclara and Purchaser shall meet as expeditiously as possible after the execution of this Agreement to discuss the Start-Up Checklist, the Project Schedule and related matters ("the Kickoff Meeting"). Account Managers from Aclara and Purchaser are responsible for monitoring the Start-Up Checklist and Project Schedule so that the delivery dates shown on Exhibits B and C and/or determined by mutual agreement are met. 4. Term A. The term of this Master Agreement shall become effective on the date last written below and shall continue in full force and effect (unless earlier terminated in accordance with this Master Agreement) until the Work has been completed. Notwithstanding such termination, certain rights and obligations arising under this Master Agreement, including, but not limited to those concerning indemnity, Dispute Resolution, and Limitation of Liability and the Software License Agreement, Non-disclosure Agreement and Maintenance shall survive the termination of this Master Agreement. Master Agreement- Rev 3—7.18.13 Page 3 of 16 Aclara—Corpus Christi TX The term of this Master Agreement may be extended by mutual agreement of the Parties. B. The Parties acknowledge that Purchaser may desire to purchase additional equipment following the completion of all Work (referred to herein as "Expiration") of this Agreement. In such case, any such purchases shall be at such prices and delivery shall occur on such dates as the Parties may then agree. All other terms and conditions contained in this Master Agreement shall apply to such purchases. 5. Time for Performance A. Aclara shall use Commercially Reasonable Efforts to deliver the Equipment and Software and provide the Services within the times set forth on Exhibits B and C or by mutual agreement. Purchaser understands and agrees that the ability of Aclara to make such deliveries and provide such Service within such times is dependent upon the timely issuance of Purchase Orders (if required) and timely performance of Purchaser's Work by Purchaser Personnel. Purchaser agrees that it will use Commercially Reasonable Efforts to cause Purchaser Personnel to perform their respective obligations in a timely fashion and to cooperate with Aclara in scheduling their respective Work. B. Neither Party shall be liable to the other for failure or delay in performance of a required obligation if such failure or delay is caused by an act or omission of the other Party or such Party's Personnel. C. Neither Party shall be liable to the other for failure or delay in performance of a required obligation if such failure or delay is caused by delays in shipment, delivery or taking receipt of any items sold hereunder, or loss or damage thereto, acts of God, acts of the other Party, acts of civil, regulatory or military authority, U.S. Governmental restrictions or embargoes, war, terrorism, riot, fires, strikes, flood, epidemics, quarantine, restrictions, default or delay by supplier, breakdown in manufacturing facilities, machinery or equipment, delays in transportation or difficulties in obtaining necessary materials, labor or manufacturing facilities due to such causes, or any other cause beyond a Party's reasonable control. In the event of such occurrence, performance shall be suspended to the extent made necessary by such forces, and the time for performance shall be extended by a period equal to the time of delay. Upon the occurrence of such an event the Party whose performance is adversely affected shall promptly notify the other Party of the nature and extent of the occurrence and the anticipated period of delay in performance. Any Party so adversely affected shall use all Commercially Reasonable Efforts to minimize the extent of the delay in performance. No event of Force Majeure shall apply to any obligation by either Party to pay money. Master Agreement- Rev 3—7.18.13 Page 4 of 16 Aclara-Corpus Christi TX D. If either Party causes a delay not otherwise excused hereunder in the progress of the Work, such Party shall use Commercially Reasonable Efforts (all without additional cost to the other Party) to complete its Work within the times set forth on the Project Schedule. 6. Purchase, Sale and License. Purchaser agrees to purchase the Hardware and Services and license the Aclara Licensed Software and the Third Party Licensed Software from Aclara. Aclara agrees to sell to Purchaser the Hardware and Services and to license the Aclara Licensed Software and the Third Party Licensed Software to Purchaser all at the prices and in the quantities set forth on Exhibit B and upon the terms and conditions set forth in this Master Agreement. 7. Maintenance Agreement. Aclara offers annual Maintenance and Supplemental Support Services to Purchaser (Licensee). A copy of Aclara's standard agreement for the provision of those services is set forth Exhibit E, Maintenance Agreement. Should Purchaser desire such services and fixed rates for optional support services, such Services will be provided by Aclara in accordance with the cost determined as provided therein. 8. Purchaser's Responsibilities A. Purchaser shall perform those tasks and assume those responsibilities specified herein and as set forth in this Master Agreement. B. Purchaser shall provide Aclara Personnel with such access to Purchaser's property and Personnel as may be necessary for Aclara to perform its Work. C. Purchaser shall devote sufficient time and resources, including qualified personnel, to perform its Work in accordance with this Master Agreement. D. Purchaser agrees that it shall insure that Purchaser Personnel cooperate with Aclara in the timely and efficient performance of Aclara's and Purchaser's respective obligations under this Master Agreement. 9. Invoicing and Payment A. Equipment. Aclara shall invoice for the Hardware listed on Exhibit B at the prices on Exhibit B upon Delivery. B. Services. Aclara shall invoice for the Services listed on Exhibit B at the prices on Exhibit B as follows: 1) Project Implementation Fee shall be invoiced upon execution of this Agreement. 2) All other Services will be invoiced as stated on Exhibit B. Master Agreement- Rev 3-7.18.13 Page 5 of 16 Aclara-Corpus Christi TX C. Payment. Purchaser shall pay Aclara invoices within thirty (30) days of the date thereof. Any amounts not paid when due shall bear interest at the lesser of 1 Y2% per month or the highest amount permitted by law until paid. 10. Title, Risk of Loss and Insurance. Hardware is sold CPT Destination (Carriage Paid to Destination as defined in accordance with INCOTERMS 2000). Title to and Risk of Loss of Equipment shall pass to Purchaser upon the loading of the Equipment on the means of transport of the carrier selected by Aclara. Carriage shall be arranged for by Aclara on usual terms for its account and Purchaser's risk. Aclara shall have no responsibility to arrange or pay for insurance against loss, damage or destruction occurring after loading of Equipment. 11. Sales and Use Taxes. Aclara shall invoice to Purchaser any applicable state, county or local sales or use taxes applicable to the Work. If Purchaser should determine that all or part of the Work is not subject to such taxes, then in such case, Purchaser shall provide to Aclara a Sales and Use Tax Exemption Certificate. 12. Substitution. Aclara shall have the right to substitute an item of Equipment for an item specified on Exhibit B provided that such substituted item is, in fact, functionally equivalent to the specified item. In the event of any such substitution, Aclara shall give Purchaser prompt written notice of its intention to make a substitution which notice shall set forth the reason(s) for such substitution and shall contain a statement that the substituted item is functionally equivalent to the specified item. 13. Warranties. In connection with the Deliverables, Aclara makes the following warranties: A. Equipment. Aclara warranties, with respect to Aclara equipment sold hereunder, are stated in Exhibit E, Aclara Equipment Warranties. B. Software. Aclara warranties, with respect to the STAR Software License sold hereunder, are stated in Attachment C, Aclara Software License Agreement C. Services. With respect to Services to be performed by Aclara under this Master Agreement, Aclara warrants that the Services shall be performed in a professional, competent and timely manner by Aclara Personnel appropriately qualified and trained to perform such Services. In the event of a breach of the foregoing warranty relating to Services occurs within twelve months from the date of the providing of such Services, Aclara shall, at its sole cost and expense, re-perform such Services. Master Agreement- Rev 3-7.18.13 Page 6 of 16 Aclara—Corpus Christi TX D. Except as specifically set forth herein, no warranty under any provision of this Master Agreement is made with respect to software or equipment items that have not been created or manufactured by Aclara or its Contract Manufacturers, such being subject only to the warranties made by their respective creators or manufacturers. Aclara shall not be responsible or liable for unauthorized modifications, alterations, misapplications, or repairs made to the equipment and/or software by Purchaser's Personnel or persons other than Aclara Personnel, or for damage thereto caused by negligence, accidents or use by Purchaser's Personnel or persons other than Aclara Personnel in violation of any provision of this Master Agreement. E. THE WARRANTIES SET FORTH IN THIS MASTER AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE. 14. Indemnity. For the purpose of this Section 14 only, "Purchaser Parties" shall mean Purchaser, its directors, officers, agents and employees, assignees, subsidiaries and affiliates, and each of them; "Aclara Parties" shall mean Aclara, its directors, officers, agents and employees, contractors and subcontractors at any tier, and the subcontractor's directors, officers, agents and employees, and each of them; and "Claims" shall mean claims, demands, suits or causes of action. The Parties obligations under this Section 14 shall not be limited to their respective insurance coverage. A. General Indemnity 1) Aclara shall indemnify Purchaser Parties for any and all loss or liability, including the costs of settlements, judgments, damages and direct expense including reasonable attorney's fees, costs and expenses arising from Claims, whether based on statute or regulation or on theories of contract, tort, strict liability, or otherwise, which are brought against one or more Purchaser Parties by or on behalf of persons other than Purchaser Parties involving injuries or damages to persons or property arising from or in any manner relating to negligent acts or omissions of Aclara Parties under this Master Agreement provided that: a. Purchaser promptly notifies Aclara in writing of such claims; b. Purchaser fully cooperates with Aclara in assisting in the defense or settlement of such claims; and C. Aclara has the sole right to conduct the defense of such claim or to settle such claim. Aclara shall defend at its own expense, with counsel of its choosing, but reasonably Master Agreement- Rev 3—7.18.13 Page 7 of 16 Aclara-Corpus Christi TX acceptable to Purchaser, any suit or action brought against Purchaser Parties based upon such Claims. 2) Further, provided that Purchaser promptly notifies Aclara in writing of any alleged violations described below, Aclara shall also indemnify Purchaser Parties for any and all loss or liability for fines, fees or penalties for violations of any statutes, regulations, rules, ordinances, codes or standards applicable to the Work arising from or relating to acts or omissions of Aclara Parties. Aclara's obligations under this Section 14.A.1) and 2) shall be reduced to the extent of the negligence, gross negligence or willful misconduct of Purchaser Parties. 3) Purchaser shall indemnify Aclara Parties for any and all loss or liability, including the costs of settlements, judgments, damages and direct expense including reasonable attorney's fees, costs and expenses from Claims, at law or in equity, whether based on statute or regulation or on theories of contract, tort, strict liability, or otherwise, which are brought by or on behalf of persons other than Aclara Parties for injuries or damages to persons or property arising solely from or in any manner solely relating to acts or omissions of Purchaser Parties under this Master Agreement provided that: a. Aclara promptly notifies Purchaser in writing of such claims; b. Aclara fully cooperates with Purchaser in assisting in the defense or settlement of such claims; and C. Purchaser has the sole right to conduct the defense of such claim or to settle such claim. Nothing herein shall waive or limit the Purchaser's defense of governmental immunity as a bar to Purchaser Parties' liability for Claims described above and nothing herein shall waive or limit the Aclara Parties' right to assert a defense of governmental immunity as a bar to liability for Claims described above that arise from acts or omissions of Purchaser Parties. 4) Purchaser shall defend at its own expense, with counsel of its choosing, but reasonably acceptable to Aclara, any suit or action brought against Aclara Parties based upon such Claims. Further, provided that Aclara promptly notifies Purchaser in writing of any alleged violations described below, Purchaser shall also indemnify Aclara Parties for any and all loss or liability for fines, fees or penalties for violations of any statutes, regulations, rules, ordinances, codes or standards applicable to the Work arising from or relating to acts or omissions of Purchaser Parties. Master Agreement- Rev 3-7.18.13 Page 8 of 16 Aclara—Corpus Christi TX 5) Purchaser shall require any contractor and subcontractor(other than Aclara) working on the Aclara STAR System to name Aclara as an additional insured. Purchaser's obligations under this Section 14. A. 3) and 4) shall be reduced to the extent of the negligence, gross negligence or willful misconduct of Aclara Parties. A. Intellectual Property Indemnity. Aclara shall defend, indemnify, save and hold harmless Purchaser from and against any claims, losses, damages, fees, costs and expenses incurred by Purchaser arising out of or in connection with a third party's claim of infringement or alleged infringement of any United States patent, copyright, trademark, trade or business secret, service mark or any other proprietary right based solely on the use or design of any Equipment furnished or the Aclara Licensed Software licensed hereunder and used by Purchaser strictly in accordance with the terms of this Master Agreement provided that: 1) in the case of Aclara Licensed Software, it is the latest released version of the Aclara Licensed Software; 2) Purchaser promptly, and in any event, within ten (10) days of becoming aware of the claim, notifies Aclara in writing of such claims; 3) Purchaser fully cooperates with Aclara in assisting in the defense or settlement of such claims; and 4) Aclara has the sole right to conduct the defense of such claim or to settle such claim. B. In addition, in the event any such Equipment furnished or Aclara Licensed Software licensed hereunder are held in such suit to be infringing or misappropriating or their use by Purchaser is enjoined or limited in any manner, or Aclara believes that such holding or enjoining is likely, Aclara shall at its expense: 1) procure for Purchaser the right to continue use of such Equipment or Aclara Licensed Software, or 2) replace or modify the same with an equivalent non-infringing product with functionality substantially similar to the product it is replacing. Notwithstanding the foregoing, Aclara shall not be liable for any claim based on the combination or use of the Equipment or Aclara Licensed Software with any other equipment or software not supplied or authorized by Aclara, or any claim based on Purchaser's possession or use of any altered version of the Equipment or Aclara Licensed Software unless such alteration has been performed or expressly authorized by Aclara. Master Agreement- Rev 3—7.18.13 Page 9 of 16 Aclara-Corpus Christi TX 15. Confidentiality. A. The Parties understand they may exchange information which they deem to be confidential. Purchaser agrees that confidential information provided as a result of this Master Agreement, the Software License Agreement, Maintenance Agreement, and all related information (collectively, the "Information") constitute confidential and proprietary information of Aclara and as such, such information is deemed to be Company Private and confidential. Purchaser agrees as a condition of this agreement to keep the Information confidential and not to disclose any of the Information in any manner whatsoever except that the Information may be disclosed to those of its officers, employees and agents who have a business need to know the information for the sole purpose of operating of the Aclara Technology System. Purchaser agrees to ensure that all persons who have access to the information are informed of the confidential nature of the Information and directly to comply with the terms of this provision. Purchaser's obligations with respect to confidentiality of the Information will survive the termination of this Agreement. B. Notwithstanding the foregoing, Purchaser may disclose confidential information if such information is required to be disclosed pursuant to a legal, regulatory or judicial order or requirement, provided the Purchaser shall promptly give Aclara notice of such order or requirement so that Aclara may seek reversal, rescission or modification of such order or requirement. If Aclara is successful in having such order or requirement reversed, rescinded or modified prior to the Purchaser's required compliance, no disclosure shall be made if the order or requirement is reversed or rescinded and, if such order or requirement is modified, disclosure shall be made only in accordance with such modified order or requirement. Any confidential information disclosed by the Purchaser pursuant to this paragraph shall, as between Aclara and Purchaser, remain subject to the duties and obligations with respect to confidential information set forth in this Agreement. C. Aclara acknowledges that Purchaser is subject to the Texas Public Information Act, Texas Government Code Chapter 552 (the "Act"). Purchaser agrees to promptly notify Aclara of any request made under the Act, such that Aclara may seek protection of its Information which may be exempt from disclosure under the Act. 16. Publicity. Neither Party shall, without the express written consent of the other Party, disclose any information or make any news release, advertisement, or public communication regarding this Master Agreement. Notwithstanding the foregoing, nothing in this Master Agreement shall prevent either Party from making such public disclosures as it, in its sole judgment, may deem appropriate Master Agreement- Rev 3-7.18.13 Page 10 of 16 Aclara—Corpus Christi TX to satisfy such Party's (or such Party's Parent's) disclosure obligations under any applicable law or requirement of any stock exchange. 17. Insurance. In the event that Aclara's obligations hereunder require or contemplate performance of Services by Aclara's employees, or persons under contract to Aclara, to be done on Purchaser's property, or property of Purchaser's customers, Aclara shall maintain: A. General liability insurance on a one million dollar ($1,000,000), per occurrence basis; and B. Statutory workers compensation insurance. Purchaser shall be named an additional insured or loss payee as its interest may appear on the policy referred to in a), above. 18. Termination for Convenience. Purchaser reserves the right, at any time, to terminate this Master Agreement, or any portion of the Work, for its sole convenience. Any such termination shall be effected by delivery of a written notice of termination to Aclara specifying the extent to which the Master Agreement and related Work have been terminated and the date upon which the termination shall be effective. The date of the effective date of termination shall be no earlier than 30 days from the receipt of the notice of termination by Aclara. Upon receipt of such notice, Aclara, shall in good faith and using all Commercially Reasonable Efforts, stop all work hereunder, and shall promptly take steps to cancel existing orders, contracts and subcontracts relating to the Work. A. In the event of such termination, Aclara shall be entitled to receive: 1) the contract price due Aclara for the Work performed, the equipment delivered, the Software licensed and the Services performed; 2) the contract price for Equipment manufactured but not delivered prior to the effective date of termination if Purchaser desires to purchase such Equipment; 3) all costs reasonably incurred by Aclara prior to the effective date of termination including, but not limited to, labor, materials and overhead not covered under 1) or 2), above; 4) the reasonable cost of termination reasonably incurred by Aclara in accordance with Purchaser's termination notice which costs shall include the reasonable cost incurred by Aclara in preparing any termination settlement proposal; and 5) Fifteen percent (15%) of the amounts payable under 3) and 4), above. Master Agreement- Rev 3—7.18.13 Page 11 of 16 Aclara—Corpus Christi TX B. No costs incurred after the effective date of the notice of termination shall be treated as a reimbursable cost unless it relates to performing the portion of the work not terminated, or taking measures reasonably required to comply with Purchaser's notice of termination in a prudent and business-like manner. 19. Termination for Cause A. Purchaser may terminate this Master Agreement upon delivery to Aclara of a written notice of termination. Such notice of termination shall be given to Aclara at least ten (10) days prior to the effective date of such termination. Such notice of termination may be given for any one of the following reasons: 1) If Aclara shall become insolvent, commit any act of bankruptcy, make a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law for the relief of debtors; or 2) if a receiver, trustee or liquidator of any property or income of Aclara is appointed; or 3) if Aclara a. defaults in any material manner in the performance of Aclara's obligations under any of the terms, provisions, conditions or covenants contained in this Master Agreement and b. further fails within thirty (30) days (or within such longer period as may be otherwise mutually agreed) after written notice thereof from Purchaser to take reasonable steps to remedy such default; B. Purchaser shall be permitted to pursue any and all rights and remedies available hereunder or at law or in equity without terminating this Master Agreement for cause. In the event of termination for cause by Purchaser, Aclara shall be paid only the portion of the compensation related to Work performed prior to the effective date of termination. Aclara shall also be subject to any claim Purchaser may have against Aclara under other provisions of this Master Agreement, or as a matter of law. C. Aclara may also terminate this Master Agreement upon delivery to Purchaser of a written notice of termination. Such notice of termination shall be given to Purchaser at least ten (10) days prior to the effective date of such termination. Such notice of termination may be given for any one of the following reasons: Master Agreement- Rev 3—7.18.13 Page 12 of 16 Aclara—Corpus Christi TX 1) If Purchaser shall become insolvent, commit any act of bankruptcy, make a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law for the relief of debtors; or 2) if a receiver, trustee or liquidator of any property or income of Purchaser is appointed; or 3) if Purchaser: a. defaults in any material manner in the performance of Purchaser's obligations under any of the terms, provisions, conditions or covenants contained in this Master Agreement and b. further fails within thirty (30) days (or within such longer period as may be otherwise mutually agreed) after written notice thereof from Aclara to take reasonable steps to remedy such default. D. Purchaser shall also be subject to any claim Aclara may have against Purchaser under other provisions of this Master Agreement, or as a matter of law. 20. Assignment. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party, provided however, that Aclara may assign this Agreement to an Affiliate, or to an entity acquiring all or substantially all of the assets of Aclara if the acquiring entity is an Affiliate, or, by operation of law, to an entity into which Aclara is merged if the surviving entity is an Affiliate, in each such case without prior approval of the other Party. In any such event, Aclara shall provide the other Party with prompt written notice of such assignment. As used herein, "Affiliate" means a company which either owns or controls Aclara or which Aclara owns or controls directly or indirectly, or is under common control directly or indirectly with Aclara through a common parent company. 21. Representations A. Aclara represents and warrants the following: 1) Aclara has the authority to execute, deliver and perform its obligations under this Master Agreement; 2) The execution of this Master Agreement by the individual listed on the signature page and the delivery and performance of this Master Agreement by Aclara have been duly authorized by Aclara; 3) Aclara is an entity duly organized, validly existing and in good standing under the laws of the State of Missouri; Master Agreement- Rev 3—7.18.13 Page 13 of 16 Aclara—Corpus Christi TX 4) With respect to Equipment sold hereunder, such Equipment will be free from any liens and encumbrances and when Delivered will be owned by Purchaser; and 5) With respect to the Licensed Software, Aclara has the right to grant to Purchaser the rights intended to be granted under this Master Agreement and Exhibit D, Software License Agreement. B. Purchaser represents and warrants the following: 1) Purchaser has the authority to execute, deliver and perform its obligations under this Master Agreement; 2) The execution of this Master Agreement by the individual listed on the signature page and the delivery and performance of this Master Agreement by Purchaser have been duly authorized by Purchaser; a. Purchaser is an entity duly organized, validly existing and in good standing under the laws of the State of Texas; and b. Purchaser has obtained all required regulatory approvals to enter into and to perform its obligations under this Master Agreement. 22. Limitation of Liability and Damages. The Parties have agreed to limit Aclara's total aggregate liability and exclude the recovery of certain types of damages by both parties. Notwithstanding anything contained herein to the contrary, the total aggregate liability of Aclara to the Purchaser for any and all liability arising out of or in connection with this Master Agreement, including the Software License Agreement shall be limited to the aggregate sum of payments made by Purchaser to Aclara under this Master Agreement. IN NO CASE SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OR FOR THE LOSS OF BENEFIT, PROFIT, REVENUE, OR DATA, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This provision shall survive the termination or expiration of this Master Agreement and the Software License Agreement. 23. Notices. Any notices required or permitted hereunder shall be in writing and shall be deemed to be given sent by United States registered or certified mail, postage prepaid, to the respective Parties at the addresses shown below. Notices so given shall be deemed received three business days from the date of deposit in the U. S. Mails. A. If to Aclara: Contract Administration Aclara Technologies LLC 945 Hornet Drive St. Louis, MO 63042 Master Agreement- Rev 3—7.18.13 Page 14 of 16 Aclara-Corpus Christi TX With a copy to: General Counsel ESCO Technologies Inc. 9900A Clayton Road St. Louis, MO 63124-1186 B. If to Purchaser: City of Corpus Christi Attn: Ron Dubuque, IT Director 2726 Holly Road Corpus Christi, TX 78415 24. Compliance with Laws. Aclara shall comply with all applicable federal, state and local laws, and ordinances ("Laws") in the performance of its duties under this Master Agreement. Specifically: A. Nondiscrimination and Employment Practices. In connection with the performance of this contract, Aclara agrees to become informed of and comply with all laws and/or regulations that are applicable to employment of Aclara personnel performing under this Agreement. Aclara further agrees that it will not discriminate on the basis of race, religion, color, sex, national origin, age or handicap and that it will become informed of and comply with all laws and/or regulations pertaining thereto. B. EEO and Small Business Compliance Clauses. During the performance of this Agreement, if applicable, Aclara agrees as follows: Aclara will comply with all applicable provisions of and, if required, furnish all information and reports required by Section 503 of the Rehabilitation act of 1973, as amended, the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. 4212), as amended, the Americans with Disabilities Act (ADA) including the ADA Amendments Act , the Federal Executive Order No. 11246, as amended, the regulations at 41 CFR part 60, "Office of the Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, " and of the rules, regulations, and relevant orders of the Secretary of Labor. Such acts, amendments, rules, regulations and orders are incorporated herein by reference. 25. Dispute Resolution. Both Parties agree to attempt to settle any dispute arising out of this Master Agreement through good faith consultations and negotiations. If those attempts fail, the parties may pursue any other available legal remedies. 26. Waiver. No waiver of any term of this Agreement by either party shall be deemed to be a further or continuing waiver of any other term of this Agreement. Master Agreement-Rev 3-7.18.13 Page 15 of 16 Aclara—Corpus Christi TX 27. Governing Law. This Agreement shall be governed by the laws of the State of New York, U.S.A. 28. Severability. In the event that any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 29. Independent Contractor. Aclara agrees to perform and provide the Work in connection with this Master Agreement as an independent contractor and not as a subcontractor, agent or employee or Purchaser, its parent, subsidiaries, or affiliates. 30. Entire Agreement. This Master Agreement including Exhibits A, B, C, D and G constitute the entire agreement between the Parties with respect to the subject matter hereof. There are no oral agreements or representations or additional written materials that revise or supplement the terms of the Master Agreement. No modification, amendment, revisions or supplements to this Master Agreement shall be enforceable unless in writing, signed by both Purchaser and Aclara. IN WITNESS WHEREOF, the Parties have executed this Master Agreement as of the date last signed below. Aclara Technologies LLC City of Corpus Christi B BY: Name: Terry M. Messmer Name: Title: Sr. VP Finance & IT Title: Date: , It-7 Date: Master Agreement-Rev,4—7.18.13 Page 16 of 16 Aclara—Corpus Christi TX EXHIBIT C ACLARe SOFTWARE LICENSE AGREEMENT This Software License Agreement is entered into as of the date last signed below (the "Effective Date") by and between: Aclara Technologies LLC, an Ohio Limited Liability Company 945 Hornet Drive Hazelwood, MO 63042 (Referred to herein as "Aclara") And City of Corpus Christi, a Texas Corporation 2726 Holly Road Corpus Christi, Texas 78415 (Referred to herein as "Licensee") Individually, Aclara®and Licensee may be referred to as "Party" and collectively as "Parties". Whereas, the Parties have entered into a Master Agreement of even date under which Aclara has agreed to sell and Licensee has agreed to purchase certain equipment and services; and Whereas, Licensee desires to obtain from Aclara, and Aclara desires to provide certain computer software and associated maintenance services as more fully described below: NOW THEREFORE, in consideration of the mutual covenants contained herein and in the Master Agreement, and intending to be legally bound, the Parties agree as follows: 1. Definitions. The following words and phrases shall have the following meanings for the purposes of this Software License Agreement: A. "Software License Agreement" means this document and the following Attachments all of which are attached hereto and made a part hereof, and any amendments, modifications or supplements thereto or attachments incorporated therein: 1) Attachment A is a listing of Aclara Licensed Software, Third Party Licensed Software, Licensing Parameters, Third Party Software Not Licensed, and License Fees. B. "Aclara Licensed Software" means the software described on Attachment A as "Aclara Software". C. "Delivery" shall mean the remote installation of the Software on the Licensee-provided Designated Equipment, or, if applicable, upon the Aclara Software License Agreement—Rev 1 —7.11.13 Page 1 of 8 Aclara—Corpus Christi TX Delivery of the Designated Equipment provided by Aclara on which the Software is installed. D. "Designated Equipment" means the computer equipment of Licensee in which Aclara loads the Licensed Software or the Licensee's back-up computer equipment and such additional equipment as Licensee may from time to time designate in writing, which such back-up equipment and such additional equipment shall meet Aclara's applicable specifications. E. "Documentation" means basic, descriptive, training and instructive materials pertinent to the Licensed Software. F. "Licensed Software" means the Aclara Licensed Software and the Third Party Licensed Software. G. "Licensing Parameters" means Central Processing Units (CPUs), Processors (including Sockets and/or Cores), Seats, Interfaces and End Points connected to the system (Meters, LCTs, CSTs, DSIs, etc.) and Utilities as set forth on Attachment A. H. "Master Agreement" means the agreement between the Parties of even date to which a copy of this Software License Agreement is attached as an Exhibit. I. "Multi-Utility" means a license under the Licensing Parameters of which the Licensee is allowed to read meters for another electric utility. J. "Obiect Code" means the instructions or statements comprising the Licensed Software expressed in machine-readable language, being the machine level representations that actually cause the computer to execute instructions and operations. K. "Peripheral Programs" mean computer programs which do not include any logic or code of the Licensed Software and which use the output of the Licensed Software as input to another computer program. L. "Software Release" for the purpose of this Agreement, Software Release means a release of licensed or available Software that includes Software Updates or Software Upgrades. Software Releases may also be developed to address updates of Third-party Software and Hardware products. M. "Software Update"for the purpose of this Agreement, Software Update means a modification or addition that, when made or added to the Software or Third Party Licensed Software, establishes material conformity of the Software or the Third Party Licensed Software to its Aclara Software License Agreement—Rev 1 —7.11.13 Page 2 of 8 Aclara—Corpus Christi TX respective specification, i.e. bug fixes and/or enhancement to existing function. N. "Software Upgrade" for the purpose of this Agreement, means a modification or addition to Licensed Software that is beyond the scope of the definition of Software Updates; and that may be offered to Customer for licensed use and maintenance. If Customer requests Aclara to add a Software Upgrade of the Software licensed under this Agreement such Software Upgrade shall be incorporated by written Amendment. O. "Source Code" means a set of instructions expressed in human readable language from which the Object Code is derived. P. "Third Party Licensed Software" means the software described on the Attachment A as "Third Party Software—Included in this Software License Agreement." Q. "ACLARA Technology System" means the system comprised of: 1) the equipment purchased by Licensee from Aclara under the Master Agreement, and 2) the Licensed Software licensed to Licensee hereunder. 2. Grants of License. A. Subject to the terms and conditions set forth herein, Aclara hereby grants to Licensee, and Licensee accepts, a fully paid, non-exclusive, non- transferable, perpetual (subject to termination as set forth herein), Object Code license to use the Licensed Software on the Designated Equipment solely in connection with use by Licensee of Licensee's Aclara Technology System. Third Party Licensed Software is sublicensed by Aclara to Licensee pursuant to sublicensing agreements with the respective third parties identified on Attachment A. B. Subject to the terms and conditions set forth herein, Aclara hereby grants to Licensee, and Licensee accepts, a fully paid, non-exclusive, non- transferable, perpetual (subject to termination as set forth herein), license to use the Documentation solely in connection with its use of the Licensed Software. 3. License Fee. Upon Delivery of the Licensed Software, Aclara shall issue an invoice for the License Fee set forth on Attachment A. Such invoice shall be due and payable, without discount, within 30 days. The Licensee Fee is exclusive of all taxes imposed by any governmental agency based on Licensee's use or possession of the Licensed Software, including, but not limited to, state or local sales, use and personal property taxes, all of which shall be Licensee's sole responsibility. Aclara Software License Agreement—Rev 1 —7.11.13 Page 3 of 8 Aclara—Corpus Christi TX 4. Restrictions on Use. Licensee's use of the Licensed Software and Documentation is restricted and limited as follows: A. Licensing Parameters. Licensee use of the Licensed Software is restricted to the Licensing Parameters. Use of the Licensed Software outside the Licensing Parameters is subject to the express written consent of Aclara and the payment of all required additional License Fees. B. Aclara Technology System. 1) Unless Licensee has a Multi-Utility license, Licensee's use of the Licensed Software and Documentation is restricted to Licensee's internal use solely in connection with Licensee's use of Licensee's Aclara Technology System. Licensee may not rent the Licensed Software or use the Licensed Software on a time share basis. This restriction is specifically applicable to any service or service bureau arrangement to which Licensee is, or may be, a party. Licensee shall not directly or indirectly, make the Licensed Software available to others. 2) If Licensee has a Multi-Utility license as stated in Attachment A to this Agreement, Licensee's use of the Licensed Software and Documentation is restricted to (i) Licensee's internal use solely in connection with Licensee's use of Licensee's Aclara Technology System and to (ii) Licensee's use in providing services to its customer/utilities. The customer/utilities to which the Licensee may provide services is limited to those that are identified in Attachment C, Licensee's List of Utility Customers. It is the obligation of Licensee to update such list no less frequently than annually. Licensee may not rent the Licensed Software or use the Licensed Software on a time share basis. C. Alteration. Licensee's use of the Licensed Software is limited in that Licensee is prohibited from altering, attempting to reverse engineer, attempting to decompile, or creating or attempting to create a derivative work from the Licensed Software. D. Copies. 1) Licensee's use of the Licensed Software is limited in that it may not copy the Licensed Software except for: a. use in the Designated Equipment; b. back-up purposes; and C. archival purposes. 2) All such copies shall include any copyright notices appearing in the Licensed Software. Aclara Software License Agreement—Rev 1 —7.11.13 Page 4 of 8 Aclara—Corpus Christi TX 3) Licensee shall have the right to copy and to modify the Software Documentation to coordinate the Documentation with Licensee's own internal training and working procedures. Aclara shall have no liability or obligation to Licensee with respect to any such modified Documentation and any additional costs incurred by Aclara in the integration of maintenance changes caused by such modifications shall be reimbursed to Aclara by Licensee. E. Compliance with Laws. Licensee's use of the Licensed Software is limited in that it must use the Licensed Software and the Documentation in accordance with all applicable laws and regulations of the United States and the States, Country and localities in which the Licensed Software and Documentation is used. F. Use on Designated Equipment. Licensee's use of the Licensed Software is restricted to use on the Designated Equipment. Should Licensee desire to transfer the operation of the Licensed Software to a computer other than the Designated Equipment, Licensee shall notify Aclara upon such transfer. Such computer must meet the specifications of the Designated Equipment. Upon such notification, such computer shall become the Designated Equipment. Under no circumstances may the Licensed Software be used for production purposes on other than the Designated Equipment. G. Temporary Use. Without notice to Aclara, Licensee may temporarily transfer the operation of the Licensed Software to a backup computer if the Designated Equipment is inoperative due to malfunction, or during the performance of preventive maintenance, engineering changes or changes in features or model until the Designated Equipment is restored to operative status and processing of the data already entered into the back up computer is completed. 5. Ownership of Licensed Software and Documentation. Aclara is the owner of the Aclara Licensed Software and Documentation. The Third Party Licensed Software is owned by the third parties named on Attachment A. Upon the cessation of use of the Licensed Software by Licensee or upon the termination of this Software License Agreement as herein provided, Licensee shall promptly return to Aclara all copies of the Licensed Software and Documentation or destroy same and provide to Aclara a certificate of destruction in form and content satisfactory to Aclara and executed by an officer of Licensee. 6. Warranty. Aclara's warranties with respect to the Licensed Software are as set forth in the Master Agreement. ACLARA MAKES NO WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE OTHER THAN THE WARRANTIES SET FORTH IN THE MASTER AGREEMENT. Aclara Software License Agreement—Rev 1 —7.11.13 Page 5 of 8 Aclara—Corpus Christi TX 7. Term and Termination. A. The term of this Software License Agreement shall commence upon the installation of the Licensed Software in the Designated Equipment. Unless this Software License Agreement is terminated sooner as provided herein, this Software License Agreement shall remain in effect so long as Licensee continues to own and operate the Aclara Technology System and shall automatically and immediately terminate when that ceases to be the case for any reason. Aclara may terminate this Software License Agreement: 1) for any material breach or default by Licensee upon notice in writing to Licensee, specifying the breach or default by Licensee, and Licensee's failure to cure such breach or default within 30 days from the date of its receipt of such notice; 2) upon Licensee's ceasing to do business; 3) upon the dissolution of Licensee; 4) upon the filing of any petition for declaration of bankruptcy or insolvency by or against Licensee which is not withdrawn or dismissed within 30 days; or 5) upon the appointment of a receiver for Licensee. B. Licensee may terminate this Software License Agreement without cause at any time upon 30 days' notice in writing to Aclara. 8. Peripheral Programs. In order to make efficient use of the data generated by the Licensed Software, Licensee shall have the right to develop one or more Peripheral Programs. Aclara shall have no rights to or obligations with respect to Peripheral Programs. 9. Third Party Beneficiaries. With respect to the owners or licensors of Third Party Licensed Software, such owners or licensors are third party beneficiaries of this Software License Agreement. 10. Confidentiality. Licensee agrees that the Licensed Software, the Documentation and all related information (collectively, the "Information") constitutes confidential and proprietary information of Aclara and as such, such information is deemed to be Company Private and Confidential. Licensee agrees as a condition of this license agreement to keep the Information confidential and not to disclose any of the Information in any manner whatsoever except that the Information may be disclosed to those of its officers, employees and agents who have a business need to know the Information for the sole purpose of operation of the Aclara Technology System. Licensee agrees to ensure that all persons who have access to the Information are informed of the confidential nature of the Information and directed to comply with the terms of this provision. Licensee's Aclara Software License Agreement—Rev 1 —7.11.13 Page 6 of 8 Aclara—Corpus Christi TX obligations with respect to non-disclosure of the Information will survive the termination of this Agreement. Aclara acknowledges that the Licensee is subject to the Texas Public Information Act, Texas Government Code Chapter 552 (the "Act"). Licensee agrees to promptly notify Aclara of any request made under the Act, such that Aclara may seek protection of its Information which may be exempt from disclosure under the Act. 11. Indemnity. The respective indemnity obligations of the parties, including Aclara's indemnity obligations relating to Intellectual Property are as set forth in the Master Agreement. It is the Parties' expressed intention that such provision shall be applicable to this Software License Agreement notwithstanding the termination or expiration of the Master Agreement. 12. Limitation of Liability and Damages. The Parties have agreed to limit Aclara's total aggregate liability and exclude the recovery by both parties of certain types of damages. It is the Parties' expressed intention that such provision shall be applicable to this Software License Agreement notwithstanding the termination or expiration of the Master Agreement. 13. Uniform Computer Information Transactions Act. The Uniform Computer Information Transactions Act (the "Act"), including any law that incorporates substantially all of the provisions of the Act, however titled, shall not apply to this Software License Agreement. 14. Assignment. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party, provided however, that Aclara may assign this Agreement to an Affiliate, or to an entity acquiring all or substantially all of the assets of Aclara if the acquiring entity is an Affiliate, or, by operation of law, to an entity into which Aclara is merged if the surviving entity is an Affiliate, in each such case without prior approval of the other Party. In any such event, Aclara shall provide the other Party with prompt written notice of such assignment. As used herein, "Affiliate" means a company which either owns or controls Aclara or which Aclara owns or controls directly or indirectly, or is under common control directly or indirectly with Aclara through a common parent company. 15. Notices. Any Notices required or permitted to be given under this Software License Agreement shall be given to the persons and in the manner provided in the Master Agreement. 16. Injunctive Relief. Licensee agrees that notwithstanding anything contained herein to the contrary, in the event of a breach by Licensee of the terms of this Software License Agreement, or if Aclara has reasonable reason to believe that such a breach is imminent, Aclara shall have the unequivocal right to seek and Aclara Software License Agreement—Rev 1 —7.11.13 Page 7 of 8 Aclara—Corpus Christi TX obtain timely injunctive relief against Licensee in order to protect Aclara's rights in and to the Licensed Software. 17. Governing Law. This Software License Agreement shall be governed by the laws of the State of Missouri, USA. 18. Survival. Expiration or Termination of the Master Agreement by either Party shall not affect the rights and obligations of the Parties of this Software License Agreement with respect to licensing and use of Software. This Agreement shall apply until the termination of this agreement by either Party in accordance with Section 7 herein. IN WITNESS WHEREOF, the Parties have executed this Software License Agreement as of the date last signed below. Aclara Technologies LLC City of Corpus Christi By: By: Name: Terry M. Messmer Name: Title: Sr. VP, Finance & IT Title: Date: Date: Aclara Software License Agreement—Rev 1 —7.11.13 Page 8 of 8 Aclara—Corpus Christi TX EXHIBIT D MAINTENANCE AGREEMENT This Agreement is made and entered into as of the January 1, 2014 (the "Effective Date") by and between: Aclara Technologies LLC, an Ohio Limited Liability Company 945 Hornet Drive Hazelwood, Missouri 63042 (Referred to herein as "Aclara") And City of Corpus Christi, a Texas Corporation 2726 Holly Road Corpus Christi, Texas 78415 (Referred to herein as "Customer") Individually, Aclara®and Customer may be referred to as "Party" and collectively as "Parties". Whereas, Customer and Aclara are parties to a STAR Network Services Agreement, effective January 1, 2010 under which Aclara provides maintenance and support services to Customer; and Whereas, Aclara has recently changed the manner in which it provides maintenance services to its customers; and Whereas, for the provision of such maintenance services, the Parties desire for this Maintenance Agreement ("Agreement") to replace the aforementioned STAR Network Services Agreement as of the Effective Date of this Agreement; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and intending to be legally bound, the Parties agree as follows: 1. Definitions. For the purposes of this Agreement, the following definitions shall apply: A. "Aclara Holidays" means New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the day after Thanksgiving, Christmas Eve, Christmas Day and New Year's Eve. B. "Aclara Technology System" (or "System") means the system comprised of, in part 1) the Hardware purchased from Aclara by Customer, and 2) the Software licensed by Aclara to Customer under the terms of the Software License Agreement. C. "Additional Services" means services offered by Aclara for improvements Aclara Maintenance Agreement Page 1 of 20 Aclara—Corpus Christi TX and/or enhancements to the Customer's System that are not covered by this Agreement, but may be offered and provided at the rates set forth on Schedule B hereto. D. "Classroom Training" means training offered by Aclara at its facility. E. "Customer Portal" means an electronic gateway to a secure entry point via Aclara's website at www.Aclara.com that allows Aclara customers to log in to an area where they can view and download information or request assistance regarding Issues with the System. F. "On-Site Maintenance Services" means Aclara providing Maintenance Services at the Customer's facility at the then current rates stated in Schedule B, Time and Material Rates, attached hereto. G. "Custom Enhancement" means any improvement, modification or addition that, when made or added to the Software or Third Party Licensed Software, changes its utility, efficiency, functional capability or application. Custom Enhancements are not included as part of this Agreement. H. "Customer Site Training' means Aclara providing its training at the Customer's facility at the then current terms and pricing published on the Aclara Customer Portal. The training may be customized to meet the Customer's needs. I. "Delivery" means, in the case of Software provided hereunder(and as applicable), (i) the remote installation of the Software by Aclara on the Customer-provided Designated Equipment; or(ii) delivery of the Designated Equipment provided by Aclara on which the Software is installed; or(iii) the loading of the software to an FTP site for Customer's availability to download. "Delivery" means, in the case of Services provided hereunder, the periodic performance of such Services as described herein. J. "Error" means any failure of Software to conform in all material respects to the requirements of this Agreement or Aclara's published specifications. Any nonconformity resulting from Customer's misuse, improper use, alteration or damage of the Software, the combination of the Software with any hardware or software not supplied by or authorized by Aclara, or any other condition beyond the control of Aclara, shall not be considered an Error. K. "Error Correction" means either a modification or addition that, when made or added to the Software, brings the Software into material conformity with the published specifications, or a procedure or routine that, when observed in the regular operation of the Software, avoids the practical adverse effect of such nonconformity Aclara Maintenance Agreement Page 2 of 20 Aclara—Corpus Christi TX L. "E-Learning' means on-line training offered by Aclara via the Internet. M. "Hardware" means the equipment supplied by Aclara which may include the Substation Communication Equipment(SCE), Remote Communications Equipment (RCE), Test Equipment, Meter Transmission Unit (MTU), Data Collection Unit (DCU) and MTU programmer. N. "Issue" means a problem with the System identified by the Customer, which requires a response by Aclara to resolve. O. "Maintenance Services" means activities to investigate, resolve Issues and correct product bugs arising from the use of the Software in a manner consistent with the published specifications and functional requirements defined during implementation. P. "Patch" means a version of the Software that provides an Error Correction to address an urgent need that is outside the schedule of regularly released Software Revisions or Software Versions. Q. "Renewal Period" means each of one or more consecutive twelve (12) month periods following the Initial twelve (12) month Term of this Agreement. R. "Severity Level" means a designation of the effect of an Issue on the Customer's use of the System. The Severity of an Issue is initially defined by the Customer and confirmed by Aclara. Until the Issue has been resolved, the Severity Level may be raised or lowered based on Aclara analysis of impact to business. The four Severity Levels are: Severity, 'Level Description. 1 Requires immediate attention—Critical production functionality is not available or a large number of users cannot access the system. Causes a major business impact where service is lost or degraded and no workaround is available, therefore preventing operation of the business. 2 Requires priority attention-Some important production functionality is not available, or a small number of users cannot access the system. Causes significant business impact where service is lost or degraded and no workaround is available, however the business can continue to operate in a limited fashion. 3 Requires attention—There is a problem or inconvenience. Causes a business impact where there is minimal loss of service and a workaround is available such that the system can continue to operate fully and users are able to continue business 11 operations. 4 1 There is a problem or issue with no loss of service and no business impact. Aclara Maintenance Agreement Page 3 of 20 Aclara—Corpus Christi TX S. "Software" means the software and firmware provided by Aclara, and listed in the Software License Agreement. All Software, Software Revisions and Software Versions provided by Aclara shall be subject to the terms and conditions of the Software License Agreement entered into by and between Aclara and Customer, including any amendments thereto. T. "Software Version" means the base or core version of the Software that contains significant new features and significant fixes and is available to the Customer. Software Versions may occur as the Software architecture changes or as new technologies are developed. Software Versions are not provided or included as part of this Agreement. U. "Software Revision" means an update to the released version of the Software code which consists of minor enhancements to existing features and code corrections. Software Revisions are provided and included as a part of this Agreement. V. "Supplemental Services" means the services set forth on Schedule C hereto, and offered at the prices set forth on Schedule C hereto. W. "Target Response" refers to the period of time between a Customer's initial contact with Aclara to report an issue (by phone, email or through the Customer Portal, thereby creating a ticket which has been assigned a number for tracking purposes) and Aclara's initial contact back to Customer to begin investigation of the reported Issue. X. "Third Party Licensed Software" shall have the meaning as it is defined in the Software License Agreement. Y. "Training Services" means all training provided by Aclara to the Customer, including but not limited to Classroom Training, E-Learning Training and Customer-Site Training. 2. Term of Agreement. Subject to the termination provisions set forth below, this Agreement shall become effective as of the Effective Date. Maintenance Services shall begin upon Delivery of the Licensed Software; and shall continue in full force and effect for an initial term of one (1) year ("Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for successive Renewal Periods, unless sooner terminated by either Aclara or Customer as provided for in this Agreement. 3. Scope A. Software Maintenance. The Software maintained under this Agreement shall be the Software set forth in the Software License Agreement. Any additional Software for which a license is obtained by the Customer from Aclara Maintenance Agreement Page 4 of 20 Aclara—Corpus Christi TX Aclara shall be automatically incorporated into this Agreement and the pricing for Maintenance Services adjusted accordingly. B. Hardware Maintenance. The hardware maintained under this Agreement shall include those items identified in Section 1.M. above, which have been purchased by Customer from Aclara. C. Levels of Maintenance Services. Two (2) Levels of Maintenance are available to Customer under this Agreement. Each level is identified and described in Schedule A, Levels of Maintenance Services attached hereto and made a part hereof. Customer may, at its option, change the Level of Maintenance for any subsequent Renewal Period, provided Customer gives Aclara written notice of the requested change no less than thirty (30) days prior to the end of the Initial Term or then current Renewal Period. D. Maintenance Services Provided. Aclara shall provide Maintenance Services at the level selected by the Customer as designated in Schedule D, Level of Maintenance Services Selected. The following are included as part of this Agreement: 1) Aclara Software Revisions and Patches. Aclara shall provide Software Revisions and Patches to the Customer as they become available. In support of such Software Revisions and Patches, Aclara shall provide updated user technical documentation reflecting the Software Revisions and Patches as soon as reasonably practicable after the Software Revisions and Patches have been released. Updated user technical documentation that corrects Errors or other minor discrepancies will be provided to Customers when available. 2) Third Party Software Revisions. At the option of Aclara, periodic Software Revisions of the Third Party Licensed Software will be provided by Aclara without further charge provided the following conditions are met: (i) the Software Revision corrects a malfunction in the Third Party Software that affects the operation of the Software; and (ii) the Software Revision has, in the opinion of Aclara, corrected malfunctions identified in the Aclara Technology System and has not created any additional malfunctions; and (iii) the Software Revision is available to Aclara. Customer is responsible for obtaining and installing the Software Revision if the Third Party Software was not licensed to Customer by or through Aclara. Software Revisions to Third Party Licensed Software provided by Aclara are specifically limited to the Third Party Software identified and set forth in the Software License Agreement. Any associated Hardware or Hardware modifications required to support revisions of Third Party Software are not included under the terms of this Agreement. Aclara Maintenance Agreement Page 5 of 20 Aclara—Corpus Christi TX E. Response to Issues. Aclara will provide verbal or written responses to Issues identified by the Customer in an expeditious manner. Such responses shall be provided in accordance with the Target Response Times as defined in Schedule A, Level of Maintenance Services. F. Service Limitations. The Maintenance Services defined in this Agreement are applicable only to the Aclara Technology System, excluding third party equipment, and Third Party Software identified in the Software License Agreement. The following limitations apply to Maintenance Services under this Agreement. 1) New Software Versions are not included as a part of this Maintenance Agreement. Such Software Versions will be offered to Customer for additional fees and costs. 2) Services requested by Customer for assistance with installation or implementation of Software Revisions and Patches are not included in this Maintenance Agreement, but are offered to the Customer on a time and materials basis at the rates stated in Schedule B hereto. 3) System administration, database maintenance and recovery, server malfunctions, database backup processes, management and training services, repair of Hardware under warranty or master station computer equipment repair are not included as part of this Agreement. 4) Maintenance services shall be limited to the latest Software Revision, and the two previous Software Revisions provided to the Customer and currently maintained by Aclara in accordance with Section 4.E below. All code changes, Enhancements or fixes will be incorporated into the latest Software Revision or a future Software Revision. Aclara has no obligation to make code changes, Enhancements or fixes to previous Software Revisions. 5) Maintenance Services do not include costs incurred by Aclara while investigating problems that are the result of Customer's negligence, misuse, or unauthorized application, alteration, or modification of the Software, Hardware, or interfaces to the equipment configuration, which shall be invoiced to Customer on a time-and- material basis at Aclara's then current published rates. The current rates are set forth on Schedule B hereto. 6) Services offered outside of Maintenance Services as noted in Schedule C, Supplemental Services attached hereto are not included in this Agreement. Such additional services are available and may be provided upon Customer's request at the fixed price Aclara Maintenance Agreement Page 6 of 20 Aclara—Corpus Christi TX established on Schedule C, and if no fixed price is established, in accordance with the terms and rates provided in Schedule B hereto. 7) During Renewal Periods, certain follow-up training is provided as outlined in Schedule A, Levels of Maintenance Services. Additional training is available and may be purchased. Please contact Aclara Customer Support at 1-800-892-9008 for training requirements and fees. 8) Aclara shall consider and evaluate the development of Custom Enhancements for the specific use of Customer and shall respond to Customer's requests for Custom Enhancements or other additional services pertaining to the Software. Such Custom Enhancements or additional services shall be subject to a separate charge in accordance with Aclara's then in effect rates. The current rates are listed on Schedule B hereto. 9) Maintenance Services do not include any problem arising from the use of components manufactured or authorized by anyone other than Aclara as an interface or peripheral to the Software. 10) Maintenance Services do not include any problem resulting from the combination of the Software with such other programming or equipment unless such combination has been approved by Aclara. 11) Maintenance Services do not include any problem caused by changes to other software (including releases and patches), interfaces or systems connected to the Software including but not limited to changes of operating systems database servers, web servers, and communications software. 12) Maintenance Services do not include changes in workflow, practices, procedures, or processes that differ from the Software approved specifications. 13) Customer specific testing and reimplementation of Custom Enhancements are not part of this Maintenance Agreement Customer will be responsible to pay Aclara for time or other resources provided by Aclara to diagnose or attempt to correct any of the items set forth above in this Section 3.F., at Aclara's then current time and material rates. If Aclara incurs expense in servicing claims which are later shown to result from any of the above activities, Customer shall pay Aclara the costs associated with the performance of such service. Aclara's time and material rates are attached hereto as Schedule B. Aclara, in its sole discretion, may Aclara Maintenance Agreement Page 7 of 20 Aclara—Corpus Christi TX change these rates from time to time with thirty (30) days advance notice to Customer. 4. Customer Responsibilities A. Backups. Customer shall maintain a current backup copy of all Software and databases. Customer shall perform regular daily backups of its data, and weekly backups of its entire system maintained under this Agreement. B. Notification of Issues During the hours between 6:30 a.m. and 6:00 p.m. Central Time on Monday through Friday, excluding Aclara Holidays: 1) Customer shall provide Aclara with timely notification of any new System issues by one of three methods: a. By entering the problem on the Aclara Customer Portal (See Note 1 below); b. Contacting Aclara Customer Support at 1-800-892-9008; or C. Emailing the problem to Note 1: Customer's utilization of the Aclara Customer Portal is the preferred method for Issue notifications. 2) Premier Level. Selection of the Premier level of services provides technical support for Severity 1 and 2 issues, 24 hours per day; seven (7) days per week; 365 days per year. All Severity 1 and 2 notifications submitted between the hours of 6:00 p.m. and 6:30 a.m. Central Time (Monday through Friday, Weekends and Aclara Holidays) must be submitted through the Aclara Customer Portal. If Customer cannot readily access the Aclara Customer Portal, Customer may contact Aclara at the "800" number listed above. Premier Level Customers will receive priority treatment over Base Level Customer when resources are allocated to competing, same- priority issues. 3) Base Level. Selection of the Base level of services ensures tickets will be processed on the next business day within the normal business hours (6:00 p.m. and 6:30 a.m. Central Time) noted on Schedule A, Levels of Maintenance Service. If an emergency arises, Aclara does offer support for Issues arising during other than normal business hours at the Time and Material Rates set forth in Schedule B hereto. Aclara Maintenance Agreement Page 8 of 20 Aclara—Corpus Christi TX C. Technical Staff. Customer shall be responsible for maintaining sufficient suitably trained technical staff to operate and maintain the System on a day-to-day basis, including backing up the Software and report handling. Aclara training for designated contacts shall be made available to Customer. D. Support for Problem Investigation. Customer shall support all reasonable requests by Aclara as may be required in problem investigation and resolution. For troubleshooting purposes, Aclara may need remote system access to Customer's system. E. Maintain Current Software Revision. Customer shall install new revisions of defined Software in the production environment within six (6) months of receipt of the Software Revision. Customer shall maintain the required version of the Third Party Licensed Software, if applicable, specified by Aclara for each released Software Revision provided. Aclara Error Corrections will be provided on Aclara's latest release of the Software Revision. F. Additional Requirements. Customer is responsible for procuring, installing and maintaining all equipment, telephone lines, communications interfaces, and other hardware necessary to operate the Software and obtain Maintenance Services from Aclara. G. Designation of Point of Contact. Customer shall assign an individual or individuals to serve as the designated contact(s)for all communication with Aclara during Issue investigation and resolution. H. Discovery of Errors. Upon discovery of an Error, Customer agrees, if requested by Aclara, to submit to Aclara a listing of output and any other data that Aclara may require in order to reproduce the Error and the operating conditions under which the Error occurred or was discovered. I. Test Environment. Customer should maintain a test copy of the Program and a separate test data base (other than Customer's production database) and shall test all new Software Revisions, Patches, Custom Enhancements, hotfixes and Error Corrections before integrating them into system productions. J. Technical Infrastructure Management. Customer shall manage hardware, software, network, storage, database, and peripheral devices for optimal operating performance and availability as required by end users. K. Proactive Monitoring. Customer shall regularly monitor the hardware, software and infrastructure that support the Software application. Customer shall define system (OS/Oracle) level event logging, notification and escalation procedures, and detect and react to events. Customer shall Aclara Maintenance Agreement Page 9 of 20 Aclara—Corpus Christi TX regularly monitor event logs, server logs, and other debug information generated by the application to proactively identify problems. L. Acceptance. On or before thirty (30) business days after Aclara's release of a new Custom Enhancement, hotfix or Error Correction that Aclara issues in response to an Error Report, Customer shall test and notify Aclara if there are any problems that need further resolution, or if Customer accepts the solution, Customer shall send such notification to Aclara's e-mail support address. If Aclara receives neither a request for further assistance nor an acceptance of the solution, the solution will be deemed accepted by Customer, and Aclara will have no further obligation to maintain the Software in its earlier form or version. Problems arising from the aforementioned items requiring further resolution will be included as part of this Agreement. M. Routine System Management. Customer shall monitor the system logs and database and perform routine system and database management to ensure proper system operation. 5. Payment and Charges A. Basis of Support Service Fee. Pricing for Maintenance Services is calculated based on the cumulative Software License Fee paid by the Customer. The cumulative Fee is identified in the Aclara Software License Agreement as amended during the term of this Agreement. Pricing for each Support Level during the Initial Term is detailed in Schedule D, Level of Maintenance Services Selected hereto. B. Billing Rate. The charge for the Service Level selected by the Customer and defined herein shall be at the annual Fee as identified in Schedule D, Level of Maintenance Services Selected hereof during the Initial Term of this Agreement. The annual Fee shall not be subject to adjustment during the Initial Term. Thereafter, during any subsequent Renewal Period, upon receipt of a 30 day notice, the Fee shall be subject to adjustment [not to exceed five percent (5%)] at the commencement of each Renewal Period. C. Currency and Taxes. Prices and charges stated herein are in U.S. dollars and are exclusive of Import Duties, Tariffs, Provincial, Federal, State, Municipal or other Government Excise, Sales, Use or like Taxes, all of which shall be Customer's responsibility. D. Suspension of Services due to Unpaid Invoices. In the event that any of the Charges remain unpaid for more than thirty (30) days after becoming due for payment, Aclara shall be entitled to withdraw the Maintenance Services. Aclara Maintenance Agreement Page 10 of 20 Aclara—Corpus Christi TX E. Billinq Frequency. Charges for the services provided under this Agreement shall be invoiced annually in advance. Payment of all such invoices shall be due and payable within thirty (30) days of the date of invoice. F. Partial Services. Aclara reserves the right to invoice the Customer for any partial month services which may result from the Effective Date or date of termination of this Agreement, at a prorated charge. G. Reinstatement Fee. In the event that Customer terminates or elects not to renew this Agreement and subsequently wishes to reinstate it, in addition to paying Aclara's then current fees and charges, Customer shall also pay Aclara, a reinstatement charge. The reinstatement charge shall include a lump sum equal to the total fees and charges which would have been paid for the period of lapse had the lapse not occurred: provided, however that if the lapse period is three (3) years or longer, Aclara shall have the option at its sole discretion to refuse to reinstate said Agreement 6. Termination A. This Agreement may be terminated by either party at any time by not less than thirty (30) days prior written notice. B. Aclara shall have the right to terminate this Agreement at any time in the event of Customer's bankruptcy, insolvency, or any continuing non- payment for services in excess of thirty (30) days. C. If either party shall at any time commit any breach of any covenant or agreement herein contained, and shall fail to remedy any such breach within thirty (30) days after the other party provides written notice specifying in reasonable detail such breach, the other party may, at its option, terminate this Agreement by prior notice in writing to such effect. D. Aclara shall have the right to terminate or refuse Maintenance Services if, in Aclara's opinion, conditions at the equipment location represents a hazard to the safety or health of Aclara's personnel. 7. Warranties A. With respect to Services to be performed by Aclara under this Agreement, Aclara warrants that it will use reasonable care and skill in the provision of the Services. The Services shall be performed in a professional, competent and timely manner by Aclara Personnel appropriately qualified and trained to perform such Services. In the event of a breach of the foregoing warranty relating to Services occurs within twelve months from the date of the providing of such Services, Aclara shall, at its sole cost and expense, re-perform such Services. Re-performance of such Services Aclara Maintenance Agreement Page 11 of 20 Aclara—Corpus Christi TX shall be Aclara's sole liability and Customer's sole remedy for a breach of warranty. B. Except as expressly set out herein, all conditions and warranties, express or implied, statutory or otherwise (including but not limited to any concerning merchantability or fitness for a particular purpose) are hereby excluded to the extent permitted by law. 8. Limitation of Liability and Damages. The Parties have agreed to limit Aclara's total aggregate liability and exclude the recovery of certain types of damages. Notwithstanding anything contained herein to the contrary, the total aggregate liability of Aclara to the Customer for any and all liability arising out of or in connection with the performance of this Maintenance Agreement shall be limited to the then current annual Maintenance Services Fee paid by Customer to Aclara under this Agreement. IN NO CASE SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, OR FOR THE LOSS OF BENEFIT, PROFIT, REVENUE OR DATA, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This provision shall survive termination of this Agreement. 9. Excusable Delays. Neither Party shall be liable to the other for failure or delay in performance of a required obligation if such failure or delay is caused by delays in shipment, delivery or taking receipt of any items sold hereunder, or loss or damage thereto, acts of God, acts of the other Party, acts of civil, regulatory or military authority, U.S. Governmental restrictions or embargoes, war, terrorism, riot, fires, strikes, flood, epidemics, quarantine, restrictions, default or delay by supplier, breakdown in manufacturing facilities, machinery or equipment, delays in transportation or difficulties in obtaining necessary materials, labor or manufacturing facilities due to such causes, or any other cause beyond a Party's reasonable control. In the event of such occurrence, performance shall be suspended to the extent made necessary by such forces, and the time for performance shall be extended by a period equal to the time of delay. Upon the occurrence of such an event the Party whose performance is adversely affected shall promptly notify the other Party of the nature and extent of the occurrence and the anticipated period of delay in performance. Any Party so adversely affected shall use all Commercially Reasonable Efforts to minimize the extent of the delay in performance. No event of Force Majeure shall apply to any obligation by either Party to pay money. 10. Assignment. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party, provided however, that Aclara may assign this Agreement to an Affiliate, or to an entity acquiring all or substantially all of the assets of Aclara if the acquiring entity is an Affiliate, or, by operation of law, to an entity into which Aclara is merged if the surviving entity is an Affiliate, in each such case without prior approval of the other Party. In any such event, Aclara shall provide the other Party with prompt written notice of such assignment. As used herein, "Affiliate" means a company which either Aclara Maintenance Agreement Page 12 of 20 Aclara—Corpus Christi TX owns or controls Aclara or which Aclara owns or controls directly or indirectly, or is under common control directly or indirectly with Aclara through a common parent company. 11. Waiver. No waiver of any term of this Agreement by either party shall be deemed to be a further or continuing waiver of any other term of this Agreement. 12. Governing Law. This Agreement shall be governed by the laws of the State of New York , U.S.A. 13. Severability. In the event that any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 14. Notices. Any notices required or permitted hereunder shall be in writing and shall be deemed to be given sent by United States registered or certified mail, postage prepaid, to the respective Parties at the addresses shown below. Notices so given shall be deemed received three business days from the date of deposit in the U.S. mails. If to Aclara: Aclara Technologies LLC Attn: Contracts Administration 945 Hornet Drive Hazelwood, MO 63042 With a copy to: ESCO Technologies Inc. Attn: General Counsel 9900A Clayton Road St. Louis, MO 63124-1186 If to Customer: City of Corpus Christi Attn: Ron Dubuque, IT Director 2726 Holly Road Corpus Christi, TX 78415 15. Confidentiality. The Parties understand that they may exchange information which they deem to be confidential. Customer agrees that the Licensed Software, Maintenance, the Documentation and all related information (collectively, the "Information") constitutes confidential and proprietary information of Aclara and as such, such information is deemed to be Company Private and Confidential. Texas Government Code Chapter 552, Customer agrees as a condition of this agreement to keep the Information confidential and not to Aclara Maintenance Agreement Page 13 of 20 Aclara—Corpus Christi TX disclose any of the Information in any manner whatsoever except that the Information may be disclosed to those of its officers, employees and agents who have a business need to know the Information for the sole purpose of operation of the Aclara Technology System. Customer agrees to ensure that all persons who have access to the Information are informed of the confidential nature of the Information and directed to comply with the terms of this provision Customer's obligations with respect to non-disclosure of the Information will survive the termination of this Agreement. Aclara acknowledges that the Customer is subiect to the Texas Public Information Act, Texas Government Code Chapter 552 (the "Act"). Customer agrees to promptly notify Aclara of any request made under the Act, such that Aclara may seek protection of its Information which may be exempt from disclosure under the Act. 16. Entire Agreement. This Agreement, including Schedules A, B, C and D hereof, contains the entire agreement between the parties hereto relating to the subject matter hereof and may not be changed or modified in any manner, orally or otherwise, except by a written amendment signed by a duly authorized officer of each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused the agreement to be executed as of the Effective Date above. Aclara Technologies LLC City of Corpus Christi By: By: Name: Terry M. Messmer Name: Title: Sr. VP Fig nance and IT Title: Date: t. ' Date: Aclara Maintenance Agreement Page 14 of 20 Aclara—Corpus Christi TX SCHEDULE A LEVELS OF MAINTENANCE SERVICES Base Premier Technical Support: Technical Support is available during the hours of 6:30am-6:00pm X Monday-Friday US Central Time,excluding Aclara Holidays and weekends, toll-free at 800-892- 9008. 24x7 Technical Support: Technical Support is available between the business hours of X 6:30am to 6pm US Central Time by accessing the Aclara Customer Portal(or Toll-free at 800- 892-9008,if access to the Customer Portal is not readily available to Customer). On-call technical support is available after 6pm and before 6:30am Central Time 24-hours a day/7 days a week/365 days a year,including Aclara Holidays and weekends. Such after hours support is provided for Severity 1 and 2 issues only. Non Severity 1 or 2 items will be addressed during the standard business hours of 6:30am-6:00pm US Central Time. Target Response Time—Severity 1:Requires immediate attention—Critical production <4 hours <2 hours functionality is not available or a large number of users cannot access the system. Causes a major business impact where service is lost or degraded and no workaround is available, therefore preventing operation of the business. Target Response Time—Severity 2: Requires priority attention-Some important production <1 day <4 hours functionality is not available, or a small number of users cannot access the system. Causes significant business impact where service is lost or degraded and no workaround is available, however the business can continue to operate in a limited fashion. Target Response Time—Severity 3: Requires attention—There is a problem or <2 days <6 hours inconvenience. Causes a business impact where there is minimal loss of service and a workaround is available such that the system can continue to operate fully and users are able to continue business operations. Target Response Time—Severity 4: There is a problem or issue with no loss of service and <3 <1 no business impact. business business days day Access to Aclara Customer Portal(www.aclara.com): Customer will receive individual user X X names/passwords to the Aclara Customer Portal,as well as have access to Issue Management Reports for each case generated by Customer. Follow-up Aclara Classroom Training. Training is available at Aclara's facilities as listed on Aclara No the Aclara Customer Portal. The maximum number of Customer's employees attending any List Price Maximum Classroom Training session is three(3). Number Of Classes Aclara Web based E-Learning classes. Certain E-Learning classes are available as listed on Aclara No Cost the Aclara Customer Portal to an unlimited number of Customer employees per course at the List Price prices listed on the Aclara Customer Portal. Aclara Maintenance Agreement Page 15 of 20 Aclara—Corpus Christi TX SCHEDULE B TIME AND MATERIAL RATES Additional Services may be provided at the Customer's request in accordance with the following Time and Material Rates (hereinafter referred to as "Rates"'). Rates: 1. The following Rate categories have been defined for Aclara technical staff: Aclara Technical Staff Standard Hourly Off-Hours On-Cal[Hourly Rate Hourly;Rate Rate Sr.Technical Advisor $250 $375 $120 Product Manager $200 $300 $120 Project/Account Manager $195 $290 $120 Deployment Manager $195 $290 $120 Sr. Engineer $185 $270 $120 Sr. Business Analyst $185 $270 $120 DBA $185 $270 $120 Trainer $185 $270 $120 Engineer/Support Engineer $165 $240 $120 Business Analyst $165 $240 $120 Equipment Service/Installation $125 $200 N/A Administrative Support $125 N/A N/A 2. Rate Adjustments. The above hourly rates are in U.S. Dollars and are subject to adjustment upon thirty (30) days' notice. 3. Service Charges. A. Services will be charged at the applicable Rates as follows: 1) Standard Hourly Rates will apply to all service hours expended that do not exceed eight (8) consecutive hours during Aclara's normal business hours of 6:30 a.m. - 6:00 p.m. Central Time, Monday through Friday, excluding Aclara Holidays. 2) Off-Hours Hourly Rates will apply to all service-hours expended beyond eight (8) consecutive hours during Aclara's normal business hours of 6:30 a.m. — 6:00 p.m. Central Time, Monday through Friday excluding Aclara Holidays. 'Rates exclude any applicable taxes and the like. Aclara Maintenance Agreement Page 16 of 20 Aclara—Corpus Christi TX B. If Aclara is requested to travel to the Customer's site to provide Services, the costs and expenses associated with such travel will be borne by Customer and invoiced as set forth below. 1) Travel Expenses: Unless otherwise mutually agreed, Aclara's travel expenses for On-Site Services shall include, but are not limited to airfare, lodging, meals, automobile rental, fuel, parking and associated administration fees, and will be charged to Customer on an actual basis. 2) Portal to Portal Invoices: Travel time for On-Site Maintenance Services will be invoiced to Customer on a portal-to-portal basis at Aclara's On-Call Hourly Rates. 4. On-Call Maintenance Service On-Call Maintenance Service is a pre-arranged service by which Customer places a request to have Aclara technical staff accessible remotely for a specified time period. During the period for which Aclara technical staff is accessible, On- Call Hourly Rates will be charged. If Aclara technical staff must actually perform services during such period, the services will be billed at the appropriate Standard Hourly Rate or Off-Hours Hourly Rate, instead of the On-Call Hourly Rate. This service will be provided remotely via a telecommunications link. 5. Pre-Purchased Support Hours A. Pre-purchased software support hours are a block of hours intended to cover Software issues that are not covered under this Agreement, thereby allowing the Customer added flexibility to utilize Aclara's services without generating a Change Order. Should Customer request services which are not included in this Agreement and desire to utilize the pre-purchased hours, Aclara shall provide the Customer with an estimated number of hours required to resolve such request. The Customer may then advise Aclara either to stop working, sign and fund a Change Order, or use the pre-purchased support hours to resolve the request. Aclara reserves the right to decline the Customer's request, depending on the nature of the request. B. Pre-purchased support hours may be purchased at any time during the term of this Agreement. Pre-purchased support hours expire upon termination of this Agreement or within one year after purchase (regardless of use), whichever occurs first. C. Pre-purchased software support hours are offered in the following increments and volume discounts: 40 hours Hourly Rates listed in Section 1 above. 80 hours 5% discount 120 hours 10% discount Aclara Maintenance Agreement Page 17 of 20 Aclara—Corpus Christi TX SCHEDULE C SUPPLEMENTAL SERVICES OFFERED The following Supplemental Services are offered under the terms of this Maintenance Agreement: 1. Reserved 2. STAR A. STAR System Monitoring Service Tier 1 (Less than 1,000 endpoints) $ 2,000.00 Tier 2 (1,001 to 10,000 endpoints) $ 4,000.00 Tier 3 (10,001 to 25,000 endpoints) $ 6,000.00 Tier 4 (25,001 to 50,000 endpoints) $ 8,000.00 Tier 5 (50,001 to 100,000 endpoints) $10,000.00 Tier 6 (Greater than 100,000 endpoints) Please contact Aclara for pricing Aclara's STAR System Monitoring service is designed to monitor end to end data transfer from meter/MTU's to and from DCU's to the NCC, and provide health status of your AMI system to minimize system downtime. Aclara will deliver a weekly diagnostic report that will identify issues which could affect the successful operation of the STAR system. The major components of the system that will be analyzed include: • Network Control Computer • Data Collector Units • Meter Transmitting Units • Handheld programmers. Aclara's proactive approach is to look for any condition out of the ordinary and will result in an immediate issue of a troubleshooting ticket and/or field work order based on the nature and severity of the condition. Example diagnostics include: • Battery voltage loss • Reading reception loss • File processing errors Customers will be notified about the issues found, the steps to be completed to solve the problem, and the escalation path. Aclara will provide: • A snapshot of the STAR system's health • Generation of incident tickets, investigation and if needed, scheduling of work orders • Notification that the issue has been resolved and confirmation that the STAR system is operating within established normal parameters. Aclara Maintenance Agreement Page 18 of 20 Aclara—Corpus Christi TX The STAR System Monitoring Service requires that Aclara have reliable remote connectivity to Customer's System. B. STAR® DCU Maintenance Service Tier 1 (Less than 15 DCUs) $ 500.00 per DCU per year Tier 2 (16 to 30 DCUs) $ 450.00 per DCU per year Tier 3 (31 to 50 DCUs) $ 400.00 per DCU per year Tier 4 (Greater than 50 DCUs) Please contact Aclara for pricing In addition to the above unit prices, Customer shall also be responsible for any associated rental equipment and delivery costs to access the DCU. Aclara's STAR® DCU Maintenance service is designed to provide for the on-site repair of any DCU that fails under normal operation after expiration of the standard DCU Warranty. The Service covers all electronics, the Aclara provided WAN module and solar cell, but excludes the mounting frame and mounting hardware. The Service does not include maintenance or repairs attributable to the unauthorized attempt by Customer or any unauthorized person other than an authorized Aclara representative to repair or maintain a DCU. Maintenance or repairs resulting from casualty, catastrophe, extreme weather conditions or natural disaster (including lightening damage), accident, vandalism, civil unrest, war, misuse, neglect or negligence of Customer, or causes external to the DCU such as, but not limited to, failed or faulty electrical power, communication failure resulting from cell or other WAN network service interruption or any causes other than ordinary use. Maintenance or repairs to attachments or to any other devices not originally a part of the DCU and added without the prior written approval of Aclara. Repairs resulting from unauthorized changes, modifications or alterations of or to the DCU are not covered under this Agreement. Upon notification from Customer of DCU failure, Aclara will diagnose the DCU. If a failure occurs to a DCU covered under the Agreement, the unit will be repaired or replaced, at Aclara's option, at no additional cost to Customer. If the Customer has entered into a System Monitoring agreement with Aclara, Aclara will normally identify the problem as part of its System Monitoring and will take the necessary actions to correct the problem. The Customer is responsible for arranging access to DCU sites before Aclara can take action. Customer's electing the STAR® DCU Maintenance Service must purchase the service for all DCUs purchased by Customer; STAR® DCU Maintenance Service may not be purchased on an individual, case-by- case basis. Aclara Maintenance Agreement Page 19 of 20 Aclara—Corpus Christi TX SCHEDULE D LEVEL OF MAINTENANCE SERVICES SELECTED Customer: City of Corpus Christi Address: 2726 Holly Road, Corpus Christi, TX 78415 1. Billing frequency is annually in advance. A. Selected Maintenance Level (check one) (Annual First Term Price shown) ❑ Base @ 20% $ 6,318.00 ❑ Premier @ 30% $ 9,477.00 B. Supplemental Services ❑ STAR System Monitoring Service $ 15,000.00 ❑ STAR® DCU Maintenance Service $ Quote provided upon request 2. Customer Designated Contact Information: Designated Contact Information Designated Contact Information Name Name Title Title Address Address Address Address Telephone Telephone Fax Fax Cellular Phone Cellular Phone Email Address Email Address Designated Contact Information Designated Contact Information { Name Name Title Title Address Address Address Address Telephone ; Telephone Fax Fax Cellular Phone ; Cellular Phone Email Address Email Address Aclara Maintenance Agreement Page 20 of 20 SC 0 'MORPpRR��' is AGENDA MEMORANDUM Future Item for the City Council Meeting of September 24, 2013 Action Item for the City Council Meeting of October 8, 2013 DATE: September 24, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Amendment to Ad Valorem Collections Contract with Nueces County CAPTION: Motion approving an amended agreement for ad valorem tax collection services with Nueces County at an annual per parcel rate established by Nueces County and continuing from year to year unless canceled. PURPOSE: The Tax Assessor-Collector for Nueces County has reviewed and updated the existing contract with the City of Corpus Christi for ad valorem tax collection services to reflect current tax collection practices and conformance to the current Property Tax Code. BACKGROUND AND FINDINGS: In the 1980's, the City of Corpus Christi contracted with Nueces County for collection of its ad valorem taxes. The original contract was amended in 1992. The Tax Assessor- Collector for Nueces County updated the existing contract to reflect current tax collection practices and conformance to the current Property Tax Code. The City's Legal Department has reviewed the amended contract and approves the revisions made. The City of Corpus Christi agrees to pay Nueces County a per parcel rate for all parcels on our certified tax roll that are located in Nueces County. For Fiscal Year 2013-2014, the City of Corpus Christi is projected to have 131,231 parcels at a cost of $1.4432 per parcel. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTALCLEARANCES: • Legal Department FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - $ 200,000 - $ 200,000 Encumbered/Expended amount of(date) - - - - This item - $ 189,393 - $ 189,393 BALANCE - $ 10,607 - $ 10,607 FUND(S): General Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Amended Agreement for Ad Valorem Tax Collection Services Letter from Kevin Kieschnick, Nueces County Tax Assessor-Collector 1 ueces Counly Crrrrrtlrouse ` Administration 901 Leopard, "idle 301 � OF (301) 888-0307 Corpus Christi, TX 78401 (361) 888-0308 Assessor and Collector ql'74xes �RECEIVE[) Y M nagere offic AUG 3 201,E August 8, 2013. i Mr. Ronald Olson City Manager City of Corpus Christi 1201 Leopard Corpus Christi, Texas 78401. Re: New Collection Contracts for 2013 Tax Year Dear Mr. Olson; Enclosed is a copy of the new collection contract for your review and signature. The contracts have been updated to reflect the current tax collection practices, and to conform to current property tax code. I am available to meet with you and your governing, body to answer any questions you may have, and to go over details of the contract as needed. It is our intention. to have these contracts in place effective October 1st, or as soon as possible thereafter. If you wish to schedule an appointment, you may call me at 361-888-0230, or email me at kevin. ies hnic a co.nueces.t ,us, It is a privilege and honor to serve you in this capacity. 1 Sincerely,.__-, ..W........... Kevin Kieschnick Nueces County Tax Assessor-Collector J act.,. worw*h le �realac�rty...�t rtser Ccc��rstration 3r B rr �cCter�e cr�t Voice (36()888-X 459 (361)888-0230 (361)888-0404 .. 1 fiax (3rd 1)888-0482 (361)8,18-0218 (361 888-033.9 i IC(DPSTATE OF TEXAS § COUNTY OF NUECES § AMENDED AGREEMENT FOR AD VALOREM TAX COLLECTION SERVICES THIS AMENDED AGREEMENT made and entered into this day of 2013, by and between the county of Nueces (hereinafter called "County") a political subdivision of the State of"Texas and City of Corpus Christi (hereinafter called "Taxing Entity") duly organized and existing Linder the laws of the State of Texas, each acting herein by and through its duly authorized official. WITNESSE`I H: WHEREAS, "TAXING ENTITY and County previously entered into an agreement for collection of TAXING ENTITY'S taxes; WHEREAS, TAXING ENTTTY and County desire to amend its previous agreement by hereby superseding and replacing such agreement in its entirety with this Amended Agreement for Ad Valorem Tax Collection Services; WHEREAS, TAXING ENTITY desires that the Nueces County Tax Assessor- Collector assess and collect taxes on behalf of TAXING ENTITY, and WHEREAS, the parties by entering into this agreement eliminate the potential duplication of the existing system for collection of taxes and promote governmental efficiency; and WHEREAS, the parties enter into this agreement pursuant to the authority granted. by sections 6.23, 6.24, 6.3 0, TEXAS PROPERTY TAX CODE.,, and TEXAS GOVERNMENT CODE CFI. 791, known as the Interlocal Cooperation Act; NOW, THEREFORE, for purposes stated herein, it is mutually agreed as follows: TAXING ENTITY and County in consideration oi'the mutual covenants and agreements herein contained, hereby agree to supersede and replace its previous agreement in its entirety with this Amended Agreement for Ad Valorem Tax Collection. Services as set out herein. 1 . DEFINITIONS: "Collection Activity" is defined as assessment, collection, disbursement, and any other function associated with levying and collecting current and delinquent taxes as required by Texas Property Tax. Code. "Current taxes" are defined as ad valorem property taxes legally due and payable without penalty and interest. Per Parcel Rate Agreement Page 1 "Delinquent taxes" are defined as ad valorem property taxes which have not been received by the County on or before January 31" of any given tax year and on which penalty and interest are due. II . REGULATIONS AND LAWS: This agreement shall be subject to all rules, regulations and laws applicable thereto passed or promulgated by the United States of America, State of Texas, or any governmental body or agency having lawful jurisdiction or any authorized representative or agent of them. 111 . PERFORMANCE 1. Effective from and after October 1, 2013,. the County ofNueces acting by and through its Tax Assessor-Collector shall act as Tax Assessor-Collector and collect ad valorem taxes for the TAXING ENTITY under the provisions of sections 6.23 (a) (4) and 6.24, Texas Property Tax Code, for a term of one (1) year commencing on October 1, 2013,. and continuing from year to year until written notice of cancellation is given by either party as provided in paragraph III (3) herein. 2. The County Tax Assessor-Collector shall have full authority, within the terms of this contract, and shall assess all of the real and personal property, in accordance with the laws pertaining thereto, located within the boundary of TAXING ENTITY subject to taxation. Tlie County Tax Assessor-Collector is authorized and directed, and shall vigorously collect all current and delinquent taxes of TAXING ENTITY, including taxes previously assessed by TAXING ENTITY. The collection of said taxes, both current and delinquent, shall be done in accordance with the Texas Property Tax Code and all other laws or regulations pertaining to property tax collections. In the event any provisions of this contract are inconsistent with the requirements of the law, the requirements of the law shall control, and the Tax Assessor Collector shall discharge the duties in accordance therewith. 3. This contract shall be in full force and effect from year to year until such time as either party hereto gives written notice of cancellation. If notice of cancellation is given between. January I" and June 30"' of any given year, the effective date of cancellation for assessment purposes is the following January Is'. The effective date of cancellation for the purpose of tax collections is the July 31' following the effective date of cancellation for assessment. If notice is given between July 1 st and December 315c of any given year, the effective date of cancellation for assessment purposes is October I sz of the following year. The effective date of cancellation for collection purposes is July 31- of the year following the notice date. For example, if notice of cancellation is given on April 30, 2010, the effective date of cancellation is January 1, 2011, for assessment purposes and July 1, 2011, for collection purposes. Likewise, if notice of cancellation is given on October Per Parcel Rate Agreement Page 2 31, 2010, the effective date of cancellation is October 1, 2011, for assessment purposes and July 1, 2011, for collection purposes. Until such respective effective dates of cancellation are initiated, the assessment and collection of the TAXING ENTTTY taxes by the County shall be continued as hereby provided. In all cases, the County will be duly compensated by the 'TAXING ENTITY for all services performed. 4. In the event of cancellation of this contract by withdrawal by either party, a data file of property tax data pertaining to property within the TAXING ENTITY shall be prepared by the County through the Tax Assessor-Collector and delivered to the"TAXING ENTITY. TAXING ENTITY will reimburse the County for the cost of such preparation. IV. SERVICES TO BE PERFORMED: 1. The County through the Tax Assessor-Collector shall vigorously collect current and delinquent ad valorem property taxes owing the TAXING ENTITY. The County further agrees to perform. for"TAXING ENTITY all the duties relating to Collection Activity of ad valorem taxes for TAXING ENTITY provided by the laws of the State of Texas. 2. The County agrees to prepare consolidated tax statements for each taxpayer. The County shall mail said tax statements to each taxpayer or authorized agent on property within TAXING ENTITY. The County shall collect delinquent taxes in accordance with the 'Texas Property Code and accepted collection practices. 3. TAXING ENTITY hereby designates the Tax Assessor-Collector of the County ofNueces as its tax collector for all purposes under the Texas Property Tax Code. 4. The County shall supply TAXING ENTITY with monthly and annual reports as required by the State Property Tax Code . Additional requests for reports by the TAXING ENTITY must be made in writing and must allow sufficient time for adequate response. The monthly and annual reports shall include at a minimum the following information: total tax collected including penalty and interest, discount, refunds, cumulative collections, less discounts and any other information as required by the State Property Tax. Code. 5. The County will prepare an annual property tax. Collection.Activity operational. budget, which will include all expenditures incurred in the property tax collection process for the previous year. This will be used as basis for independent audits of the property tax collection operation and for establishing the following year "per parcel" costs. 6. The County will apply equal effort in the assessments and collections of property taxes for the parties to this Agreement. Per Parcel Rate Agreement Page 3 7. The County will permit the taxpayer, in the event payment of less than the consolidated bill is tendered, to apply the payment as the taxpayer desires, in compliance with State law. In the absence of"the expression of any preference as to application of payment, the payment will be applied in compliance with State law. 8. Waiver of penalty and interest shall be in accordance with the Texas Property Tax Code as amended (or other applicable law). Penalties and interest on any account will be waived if it is established that delinquency was caused by direct action or inaction of the Tax Office and if the tax is paid not later than the 2 1 st day [or any other date as established by an amended'I"exas Property Code §33.011(a)(1)] after the date the taxpayer knows of should know of the delinquency. All other waivers, either partial or in whole, oil any account shall only be applied upon receipt of written instructions from the 'TAXING UNIT. q. The County will limit the tirne frame allowed for installment payment agreement on delinquent property taxes owing to TAXING ENTITY to no more than thirty six months. 10. Interest payments required as a result of untimely processing of refunds are not considered reimbursable expenses. V. PAYMENT": PER PARCEI, I. Amount of Paymen The TAXING ENTITY agrees to pay the County a per parcel rate for all parcels on the TAXING ENTITY certified tax roll that are located in Nueces County. This fee is established as an estimate by which the collection process for the respective year will be initiated. The County Tax-Assessor Collector will provide written notification to the TAXING ENT"I"TY of the per parcel rate no later than August 15`1'prior to the start of the collection year. At the end of the collection year, the County agrees to analyze property tax Collection Activity expenditures to determine"actual per parcel" costs. A copy of this analysis will be provided to the TAXING ENTITY, which will be authorized, to examine source data to confirm "actual per parcel" costs quoted in the County analysis. TAXING ENTITY agrees to pay County any deficit identified upon determination of"actual per parcel" costs. The County agrees to reimburse the TAXING ENTITY, costs charged to 'TAXING ENTITY but found to be excessive of the"per parcel" costs. Excess costs, which are herein defined as "any amount charged to but not expended in the property tax collection process," must be established by independent audit and must provide substantive data that specifically identifies items charged that are not applicable to the property tax Per Parcel Rate Agreement Page 4 collection process of the TAXING ENTITY. The cost of this independent audit will be shared equally by the participating entities. 2. Method of Payment The TAXING ENT"IT"Y will pay at the end of each month the per parcel rate for each parcel collected during that month. The County will include the number of accounts collected in a monthly report to the TAXING ENTITY. By August 31" of each collection year, the TAXING ENTITY will remit to the County, the balance of fees for parcels identified in the TAXING ENTITY current year tax roll but which have not been thereby collected. 3. Source of pay ent Payments by the parties for services under this Agreement shall be made from current revenues of the parties. VI. REMITTANCE OF COI_LECT"ION: I. Current and delinquent taxes collected for the TAXING ENTITY shall be remitted to the TAXING ENTITY not later than 24 hours from the time of County processing the transaction. Processing refers to physical deposit of payment in financial institution used by County. 2. The County agrees to certify to the TAXING ENTITY that all deposits in the County's depository shall be fully collateralized in accordance with the appropriate law requirements for the County. All refunds and amounts applicable for returned checks will be withheld by the County from current collections and will be annotated on the appropriate report. VII. PERFORMANCE STANDARDS AND REQUIREMENTS The County agrees to make every effort to collect 87 percent of the net collectible of the current ad valorem taxes assessed and levied on behalf of the TAXING ENTITY by February Is' of each year and 94 percent of the net collectible ad valorem taxes assessed and levied on behalf of the TAXING ENTITY measured over the collection calendar as set out in the Property Tax. Code, October I" through September 30"' VIII. ADMINISTRATIVE PROVISION: I. All expenses incurred by the County for property tax Collection Activity shall be clearly kept on the appropriate books and records. The TAXING ENTITY or their designated representative, after notifying the County in writing, is authorized. to examine the records to be kept by the County at such reasonable times and intervals as the County deems fit. Per Parcel Rate Agreement Page 5 2. In the case that the 'TAXING ENTITY changes or amends any portion of the data submitted to the County, after the County begins processing such data for collection of the TAXING ENTITY taxes, the TAXING ENTITY will pay the additional costs resulting from such changes and/or amendments. IX. MISCEI.A.,ANEOUS PROVISIONS: 1. The TAXING ENTITY agrees to transfer to the possession and control of the County, without charge, copies of all records necessary for the performance of the duties and responsibilities of the County pursuant to this Agreement. These records shall include all tax records, including tax rolls or records available to the TAXING ENTITY. Transfer and format costs shall be incurred by the TAXING ENTITY. 2. The County shall not be liable to the TAXING ENTITY for any failure to collect taxes. Nor shall the County Tax Assessor-Collector be liable unless the failure to collect taxes results from willful or intentional failure on the County Tax Assessor-Collector's part to perform the duties imposed upon that office by law and by this Agreement. 3. Every year the County Tax-Assessor Collector shall designate and notify the TAXING ENTITY ofa specific date by which the TAXING ENTITY should have its tax rate established. If the TAXING ENTITY has not established the tax rate as required by law each year by the date designated by the County Tax Assessor-Collector, the TAXING ENTITY will pay the costs of mailing its tax bills for that year. If such a delay creates a condition that requires the County to isolate handling of the TAXING EN'T'ITY tax collection data, the County may present the TAXING ENTITY an option of paying the additional costs of special handling or declaring this Agreement null and void by thirty (30) days written notice from the Tax Assessor-Collector. Deadlines as set out in paragraph III, 3 are not herein applicable for purposes of this paragraph. 4. Authorized refunds to property owners will be made on the same check for all taxing units contracting for assessment and collection services. Such refunds include, but are not limited to, late exemption claims, clerical errors, overpayments, etc. The amount of the TAXING ENTITY refund shall be deducted from current receipts or, if none are available, such refunds will be remitted by the TAXING ENTITY to the County within seven (7) days of written notification of such sums due. X. DELINQUENT TAXES: 1, Pursuant to Section 6.24 of the Texas Tax Code, the TAXING ENTITY hereby authorizes the County by and through the County's Tax Assessor-Collector to collect delinquent taxes for the 'TAXING ENTITY as provided herein. Per Parcel Rate Agreement Page 6 2. The County of Nueces is authorized to contract for the employment of an attorney to enforce the collection of delinquent taxes pursuant to Section 6.30 of the "Texas Property Tax Code. Said attorneys shall have full authority to represent the TAXING ENTITY within the terms of said contract, including compensation. XI. SOVEREIGN IMMUNITY: It is expressly understood and agreed that, in the execution of this Agreement, neither the County nor TAXING ENTITY waives its sovereign immunity in the exercise of its governmental powers and functions. XII. AMENDMENTS: Any amendments, alterations, deletions or waiver of the provisions of this Agreement shall be valid only when expressed in writing and agreed to by official action of the governing bodies of both parties. All amendments concerning or affecting an increase in the amount of payment or costs under this Agreement shall be effective only if they are agreed upon on or before October 1 of the year in which they are to become effective. XIII. GENERAL, PROVISIONS: I. Cost Containment: Increases to the property tax collection working budget must be predicated on budget items essential to the property tax collection operation. 2. Notices: Except as otherwise provided in this Agreement, all notices required or permitted. herein shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, to the party's office or usual mailing address. Notices to the County shall. be sent to the attention of the County Judge with a copy to the County "Tax Assessor- Collector. 3. Parties Bound: This Agreement shall be binding upon the parties, their legal representatives, successors and assigns. 4. Copies: This Agreement is executed in multiple copies, any one of which, or a true copy thereof, shall have the same evidentiary value. Per Parcel Rate Agreement Page 7 5. Completeness It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. h. Severability The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days written notice. Deadlines as set out in paragraph III, 3 are not herein applicable for purposes of this paragraph. [REMAINDER. OF PAGE INTENTIONALLY LEFT BLANK:] Per Parcel Rate Agreement page 8 IN WITNESS HERIEOF these presents are executed by authority of the governing bodies of the respective parties hereto binding the parties. ATTEST: TAXING ENTITY Secretary "title: Date: ATTEST: COUNTY OF NUECES Diana T. Barrera County Clerk Samuel Loyd Neal, Jr. County Judge Date: ..-..--------- Nueces County 'fax Assessor-Collector Date: , T • r' /° Per Parcel Rate Agreement Page 9 �a 0 AGENDA MEMORANDUM CORPOR 11 1852 Future Item for the City Council Meeting of September 24, 2013 Action Item for the Citv Council Meetina of October 8. 2013 DATE: September 24, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Refunding of Corpus Christi Business and Job Development Corporation Arena Bonds CAPTION: Resolution by the City Council of the City of Corpus Christi, Texas relating to "Corpus Christi Business and Job Development Corporation Sales Tax Revenue Refunding Bonds, Series 2013 (Arena Project)"; approving the resolution of Corpus Christi Business and Job Development Corporation authorizing the issuance of such bonds; and resolving other matters incident and related to the issuance of such bonds; and providing an effective date. PURPOSE: The purpose of this agenda item is for the approval by the City Council of a resolution that the Corpus Christi Business and Job Development Corporation passed on September 16, 2013 to refinance the Corpus Christi Business and Job Development Corporation Sales Tax Revenue Refunding Bonds, Series 2013 (Arena Project) at a lower interest rate to save money on future debt payments. BACKGROUND AND FINDINGS: On December 1, 2002, the Corpus Christi Business and Job Development Corporation (i.e., the Corporation) issued $49,185,000 of sales tax revenue bonds with an interest rate ranging from 3.25% to 5.50% to fund the construction of a multi-purpose arena and the maintenance and operating costs of the arena. These were 20-year, tax-exempt bonds with a 10-year par call feature — meaning that for 10 years, the bond holders are guaranteed payment of interest on those bonds without early repayment by the Corporation. Once the 10 years pass, then the issuer (i.e., the Corporation) could "call back" those bonds to either refinance them or to pay off the debt. The 10-year call date occurred on September 1, 2013. It is estimated that refunding the outstanding balance of $33,915,000 will result in a net present value savings of approximately $2.9 million or 7.602% at a true interest cost of 3.56%. Two actions were needed by the Corporation to effectuate this transaction: (1) approval of the financing team including the financial advisor, the bond counsel, and the underwriting team; and (2) approval of the resolution authorizing the issuance of the baseball stadium refunding bonds. Both actions occurred at the September 16, 2013 monthly meeting of the Corporation. The financing team for this transaction involves three parties: the financial advisor, bond counsel, and the underwriters. On September 16, 2013, the Corporation authorized the appointment of M. E. Allison & Co., Inc. as financial advisor; Fulbright & Jaworski L.L.P. as bond counsel; Hutchinson, Shockey, Erley & Co., Inc. as Senior Underwriter, and FTN Financial and Robert W. Baird & Co., Inc. as Co-Managers for the Corpus Christi Business and Job Development Corporation Sales Tax Revenue Refunding Bonds, Series 2013 (Arena Project). The Corporation also approved a resolution to authorize the issuance of the refunding bonds. The resolution delegates to the President, Vice President, Secretary, the Executive Director of the Corporation, or the City Manager of the City of Corpus Christi the authority to effectuate the sale of the refunding bonds when market conditions so warrant, subject to satisfying specific parameters. City Council action is now needed to approve the resolution voted upon by the Corporation. ALTERNATIVES: The alternative would be to take no action on the refunding of the bonds. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Financial Services Legal Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget- Debt Payments - - $ 45,406,582 $ 45,406,582 Encumbered/Expended amount of(date) - - - - This item - - $ 42,118,052 $ 42,118,052 BALANCE - - $ 3,288,530 $ 3,288,530 FUND(S): Fund 1130"Arena Facility Fund" Comments: The $3,288,530 noted above represents savings in debt payments by refunding the arena bonds for the remaining life of the bonds — through September 1, 2025. This represents a net present value savings of $2,875,763. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS RELATING TO "CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION SALES TAX REVENUE REFUNDING BONDS, SERIES 2013 (ARENA PROJECT)"; APPROVING THE RESOLUTION OF CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AUTHORIZING THE ISSUANCE OF SUCH BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Corpus Christi Business and Job Development Corporation (the Corporation) was created by the City of Corpus Christi, Texas (the City), pursuant to the provisions of Chapters 501, 502, and 504, as amended, Texas Local Government Code (formerly Section 4A of the Development Corporation Act of 1979, Texas Revised Civil Statutes Annotated Article 5190.6, as amended) (collectively, the Act) and a resolution of the City Council of the City approved on September 27, 2000; and WHEREAS, the Board of Directors (the Board) of the Corporation heretofore issued, sold, and delivered, and there are currently outstanding obligations in the aggregate principal amount of $49,185,000 designated as "Corpus Christi Business and Job Development Corporation Sales Tax Revenue Refunding and Improvement Bonds, Series 2002 (Arena Project)", dated December 1, 2002, stated to mature on September 1 in each of the years 2013 through 2025 in the principal amount of$33,690,000 (the Refunded Obligations); and WHEREAS, the Board intends to issue an aggregate principal amount of$ in sales tax revenue refunding bonds the proceeds of which will be utilized to provide for the (i)refunding of the Refunded Obligations and (ii) payment of the costs of issuance of the sales tax revenue refunding bonds; and WHEREAS, pursuant to the provisions of Section 501.213 of the Act, the Board is authorized to issue sales tax revenue refunding bonds and deposit the proceeds of sale under an escrow agreement to provide for the payment of the Refunded Obligations, and such deposit shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the deposit of the proceeds from the sale of the sales tax revenue refunding bonds will be deposited directly with any designated escrow agent which is not the depository bank of the Board; and WHEREAS, Section 501.204 of the Act requires the City Council of the City to approve the resolution of the Corporation providing for the issuance of the Bonds not more than sixty (60) days prior to the delivery of the sales tax revenue refunding bonds; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 52981582.2 SECTION 1: The Resolution authorizing the issuance of $ "Corpus Christi Business and Job Development Corporation Sales Tax Revenue Refunding Bonds, Series 2013 (Arena Project)" (the Bonds), adopted by the Corporation on September 16, 2013 and submitted to the City Council this day (a copy of which is attached hereto as Exhibit A and incorporated herein by reference for all purposes, the Corporation Resolution), is hereby approved in all respects. The Bonds are being issued to provide for the (i)refunding of the Refunded Obligations and (ii)payment of the costs of their issuance. SECTION 2: The approvals herein given are in accordance with Section 501.204 of the Act, and the Bonds shall never be construed an indebtedness or pledge of the City or the State of Texas (the State), within the meaning of any constitutional or statutory provision, and the owner of the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation (other than sales tax proceeds as authorized pursuant to the Act) or any other revenues of the Corporation, the City, or the State, except those revenues assigned and pledged by the Corporation Resolution. SECTION 3: The City hereby agrees to promptly collect and remit to the Corporation the Gross Sales Tax Revenues (as defined in the Corporation Resolution) in accordance with the terms of the Corporation Resolution and the Act to provide for the prompt payment of the Bonds, and to assist and cooperate with the Corporation in the enforcement and collection of sales and use taxes imposed on behalf of the Corporation. SECTION 4: The City hereby acknowledges and recognizes that the Bonds are being issued as tax-exempt obligations under and pursuant to the provisions of the Internal Revenue Code of 1986, as amended and the proceeds of sale of such Bonds may be deposited with the City following their receipt by the Corporation and the City may have partial or full control and responsibility with respect to the maintenance and operation of the project refinanced with the proceeds of the Refunded Obligations and the investment and disbursement of the proceeds of sale of the Bonds. Therefore, as a result of the foregoing, the City hereby makes the following representations and warranties to the Corporation: A. Definitions. When used in this Section, the following terms have the following meanings: Closing Date means the date of physical delivery of the Initial Bonds in exchange for the payment of the agreed purchase price for the Bonds. 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. 52981582.2 -2- 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 (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2) 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. C. No Private Use or Private Payments. Except to the extent that it will 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 (including property financed with Gross Proceeds of the Refunded Obligations), 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 (including 52981582.2 -3- property financed with Gross Proceeds of the Refunded Obligations) 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. 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. 52981582.2 -4- (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 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 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. I. 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 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. 52981582.2 -5- K. Current Refunding of the Refunded Obligations. The Bonds are issued, in part, to refund the Refunded Obligations, and the Bonds will be issued, and the proceeds thereof used, within 90 days after the Closing Date for the redemption of the Refunded Obligations. In the issuance of the Bonds, the Corporation has employed no "device" to obtain a material financial advantage (based on arbitrage), within the meaning of section 149(d)(4) of the Code, apart from savings attributable to lower interest rates. The Corporation has complied with the covenants, representations, and warranties contained in the documents executed in connection with the issuance of the Refunded Obligations. L. Elections. The City hereby directs and authorizes the Mayor, City Manager, City Attorney, City Secretary, or any Designated Financial Official (as defined in the Corporation Resolution), either 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 5: The Sales Tax Remittance Agreement, dated as of August 1, 2001, between the Corporation and the City (a copy of which is attached hereto as Exhibit B, the Remittance Agreement) provides for the transfer of the Sales Tax (as defined in the Corporation Resolution) from the City to the Corporation for use by the Corporation as security for its bonds issued for the Project (as defined in the Corporation Resolution). As the Bonds refund the Refunded Obligations, which were originally issued to finance the Project, the City hereby finds that the Bonds are also bonds issued for the Project. As a result, the City hereby affirms, ratifies, and approves the validity and enforceability of the Remittance Agreement for so long as the Bonds (or any bonds issued to refund the Bonds)remain outstanding. SECTION 6: 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 City Council. SECTION 7: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 8: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 9: 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 City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 10: 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 52981582.2 -6- 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 11: This Resolution shall be in force and effect from and after its passage on the date shown below. [The remainder of this page intentionally left blank.] 52981582.2 -7- PASSED AND ADOPTED, this October 8, 2013. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF OCTOBER, 2013: City Attorney Exhibit A— Corporation Resolution Exhibit B — Sales Tax Remittance Agreement 52981582.2 S-1 THE STATE OF TEXAS )( COUNTY OF N UECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 8th day of October, 2013, authorizing the issuance of the Corpus Christi Business and Job Development Corporation's Sales Tax Revenue Refunding Bonds, Series 2013 (Arena Project), which resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of October, 2013. City Secretary (CITY SEAL) 52981582.2 S-2 EXHIBIT A Corporation Resolution See Tab No. 52981582.2 A-1 EXHIBIT B Sales Tax Remittance Agreement See Tab No. 52981582.2 B-1 �a 0 AGENDA MEMORANDUM CORPOR 11 1852 Future Item for the City Council Meeting of September 24, 2013 Action Item for the Citv Council Meetina of October 8. 2013 DATE: September 24, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Refunding of Corpus Christi Business and Job Development Corporation Baseball Stadium Bonds CAPTION: Resolution by the City Council of the City of Corpus Christi, Texas relating to "Corpus Christi Business and Job Development Corporation Sales Tax Revenue Refunding Bonds, Series 2013 (Baseball Stadium Project)"; approving the resolution of Corpus Christi Business and Job Development Corporation authorizing the issuance of such bonds; and resolving other matters incident and related to the issuance of such bonds; and providing an effective date. PURPOSE: The purpose of this agenda item is for the approval by the City Council of a resolution that the Corpus Christi Business and Job Development Corporation passed on September 16, 2013 to refinance the Corpus Christi Business and Job Development Corporation Sales Tax Revenue Refunding Bonds, Series 2013 (Baseball Stadium Project) at a lower interest rate to save money on future debt payments. BACKGROUND AND FINDINGS: On April 1, 2004, the Corpus Christi Business and Job Development Corporation (i.e., the Corporation) issued $24,565,000 of sales tax revenue bonds with an interest rate ranging from 2.00% to 5.00% to fund the construction of a baseball stadium. These were 14-year, tax-exempt bonds with an 8-year par call feature — meaning that for 8 years, the bond holders are guaranteed payment of interest on those bonds without early repayment by the Corporation. Once the 8 years pass, then the issuer (i.e., the Corporation) could "call back" those bonds to either refinance them or to pay off the debt. The 8-year call date occurred on September 1, 2012. Since that time, we have been monitoring the municipal bond market and the potential savings that can be realized from refunding these bonds. Although the market has been fluctuating and municipal bond interest rates have been rising since the beginning the year, there are savings to be realized at this time by refinancing the outstanding balance of $8,145,000. It is estimated that refunding will result in a net present value savings of $502,425 or 5.803% at a true interest cost of 1.79% over the remaining life of the bonds until September 1, 2017. The sales tax revenues pledged to repay these bonds expires in April 2018; thus the life of the bonds cannot extend beyond this date. Two actions were needed by the Corporation to effectuate this transaction: (1) approval of the financing team including the financial advisor, the bond counsel, and the underwriting team; and (2) approval of the resolution authorizing the issuance of the baseball stadium refunding bonds. Both actions occurred at the September 16, 2013 monthly meeting of the Corporation. The financing team for this transaction involves three parties: the financial advisor, bond counsel, and the underwriters. On September 16, 2013, the Corporation authorized the appointment of M. E. Allison & Co., Inc. as financial advisor; Fulbright & Jaworski L.L.P. as bond counsel; Hutchinson, Shockey, Erley & Co., Inc. as Senior Underwriter, and FTN Financial and Robert W. Baird & Co., Inc. as Co-Managers for the Corpus Christi Business and Job Development Corporation Sales Tax Revenue Refunding Bonds, Series 2013 (Baseball Stadium Project). The Corporation also approved a resolution to authorize the issuance of the refunding bonds. The resolution delegates to the President, Vice President, Secretary, the Executive Director of the Corporation, or the City Manager of the City of Corpus Christi the authority to effectuate the sale of the refunding bonds when market conditions so warrant, subject to satisfying specific parameters. City Council action is now needed to approve the resolution voted upon by the Corporation. ALTERNATIVES: The alternative would be to take no action on the refunding of the bonds. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Financial Services Legal Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget- Debt Payments - - $ 9,250,556 $ 9,250,556 Encumbered/Expended amount of(date) - - - - This item - - $ 8,748,131 $ 8,748,131 BALANCE - - $ 502,425 $ 502,425 FUND(S): Fund 1140"Economic Development Fund" Comments: The $502,425 noted above represents savings in debt payments by refunding the baseball stadium bonds for the remaining life of the bonds — through September 1, 2017. This represents a net present value savings of $472,686. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS RELATING TO "CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION SALES TAX REVENUE REFUNDING BONDS, SERIES 2013 (BASEBALL STADIUM PROJECT)"; APPROVING THE RESOLUTION OF CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AUTHORIZING THE ISSUANCE OF SUCH BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Corpus Christi Business and Job Development Corporation (the Corporation) was created by the City of Corpus Christi, Texas (the City), pursuant to the provisions of Chapters 501, 502, and 504, as amended, Texas Local Government Code (formerly Section 4A of the Development Corporation Act of 1979, Texas Revised Civil Statutes Annotated Article 5190.6, as amended) (collectively, the Act) and a resolution of the City Council of the City approved on September 27, 2000; and WHEREAS, the Board of Directors (the Board) of the Corporation heretofore issued, sold, and delivered, and there are currently outstanding obligations in the aggregate principal amount of $24,565,000 designated as "Corpus Christi Business and Job Development Corporation Sales Tax Revenue Bonds, Series 2004 (Baseball Stadium Project)", dated April 1, 2004, stated to mature on September 1 in each of the years 2014 through 2017 in the principal amount of$8,300,000 (the Refunded Obligations); and WHEREAS, the Board intends to issue an aggregate principal amount of$ in sales tax revenue refunding bonds the proceeds of which will be utilized to provide for the (i)refunding of the Refunded Obligations and (ii) payment of the costs of issuance of the sales tax revenue refunding bonds; and WHEREAS, pursuant to the provisions of Section 501.213 of the Act, the Board is authorized to issue sales tax revenue refunding bonds and deposit the proceeds of sale under an escrow agreement to provide for the payment of the Refunded Obligations, and such deposit shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the deposit of the proceeds from the sale of the sales tax revenue refunding bonds will be deposited directly with any designated escrow agent which is not the depository bank of the Board; and WHEREAS, Section 501.204 of the Act requires the City Council of the City to approve the resolution of the Corporation providing for the issuance of the Bonds not more than sixty (60) days prior to the delivery of the sales tax revenue refunding bonds; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 52981584.2 SECTION 1: The Resolution authorizing the issuance of $ "Corpus Christi Business and Job Development Corporation Sales Tax Revenue Refunding Bonds, Series 2013 (Baseball Stadium Project)" (the Bonds), adopted by the Corporation on September 16, 2013 and submitted to the City Council this day (a copy of which is attached hereto as Exhibit A and incorporated herein by reference for all purposes, the Corporation Resolution), is hereby approved in all respects. The Bonds are being issued to provide for the (i)refunding of the Refunded Obligations and (ii)payment of the costs of their issuance. SECTION 2: The approvals herein given are in accordance with Section 501.204 of the Act, and the Bonds shall never be construed an indebtedness or pledge of the City or the State of Texas (the State), within the meaning of any constitutional or statutory provision, and the owner of the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation (other than sales tax proceeds as authorized pursuant to the Act) or any other revenues of the Corporation, the City, or the State, except those revenues assigned and pledged by the Corporation Resolution. SECTION 3: The City hereby agrees to promptly collect and remit to the Corporation the Gross Sales Tax Revenues (as defined in the Corporation Resolution) in accordance with the terms of the Corporation Resolution and the Act to provide for the prompt payment of the Bonds, and to assist and cooperate with the Corporation in the enforcement and collection of sales and use taxes imposed on behalf of the Corporation. SECTION 4: The City hereby acknowledges and recognizes that the Bonds are being issued as tax-exempt obligations under and pursuant to the provisions of the Internal Revenue Code of 1986, as amended and the proceeds of sale of such Bonds may be deposited with the City following their receipt by the Corporation and the City may have partial or full control and responsibility with respect to the maintenance and operation of the project refinanced with the proceeds of the Refunded Obligations and the investment and disbursement of the proceeds of sale of the Bonds. Therefore, as a result of the foregoing, the City hereby makes the following representations and warranties to the Corporation: A. Definitions. When used in this Section, the following terms have the following meanings: Closing Date means the date of physical delivery of the Initial Bonds in exchange for the payment of the agreed purchase price for the Bonds. 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. 52981584.2 -2- 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 (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2) 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. C. No Private Use or Private Payments. Except to the extent that it will 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 (including property financed with Gross Proceeds of the Refunded Obligations), 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 (including 52981584.2 -3- property financed with Gross Proceeds of the Refunded Obligations) 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. 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. 52981584.2 -4- (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 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 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. I. 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 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. 52981584.2 -5- K. Current Refunding of the Refunded Obligations. The Bonds are issued, in part, to refund the Refunded Obligations, and the Bonds will be issued, and the proceeds thereof used, within 90 days after the Closing Date for the redemption of the Refunded Obligations. In the issuance of the Bonds, the Corporation has employed no "device" to obtain a material financial advantage (based on arbitrage), within the meaning of section 149(d)(4) of the Code, apart from savings attributable to lower interest rates. The Corporation has complied with the covenants, representations, and warranties contained in the documents executed in connection with the issuance of the Refunded Obligations. L. Elections. The City hereby directs and authorizes the Mayor, City Manager, City Attorney, City Secretary, or any Designated Financial Official (as defined in the Corporation Resolution), either 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 5: The Sales Tax Remittance Agreement, dated as of April 1, 2004, between the Corporation and the City (a copy of which is attached hereto as Exhibit B, the Remittance Agreement) provides for the transfer of the Sales Tax (as defined in the Corporation Resolution) from the City to the Corporation for use by the Corporation as security for its bonds issued for the Project (as defined in the Corporation Resolution). As the Bonds refund the Refunded Obligations, which were originally issued to finance the Project, the City hereby finds that the Bonds are also bonds issued for the Project. As a result, the City hereby affirms, ratifies, and approves the validity and enforceability of the Remittance Agreement for so long as the Bonds (or any bonds issued to refund the Bonds)remain outstanding. SECTION 6: 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 City Council. SECTION 7: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 8: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 9: 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 City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 10: 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 52981584.2 -6- 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 11: This Resolution shall be in force and effect from and after its passage on the date shown below. [The remainder of this page intentionally left blank.] 52981584.2 -7- PASSED AND ADOPTED, this October 8, 2013. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF OCTOBER, 2013: City Attorney Exhibit A— Corporation Resolution Exhibit B — Sales Tax Remittance Agreement 52981584.2 S-1 THE STATE OF TEXAS )( COUNTY OF N UECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 8th day of October, 2013, authorizing the issuance of the Corpus Christi Business and Job Development Corporation's Sales Tax Revenue Refunding Bonds, Series 2013 (Baseball Stadium Project), which resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of October, 2013. City Secretary (CITY SEAL) 52981584.2 S-2 EXHIBIT A Corporation Resolution See Tab No. 52981584.2 A-1 EXHIBIT B Sales Tax Remittance Agreement See Tab No. 52981584.2 B-1 SC AGENDA MEMORANDUM Future Item for the City Council Meeting of September 24, 2013 Gd7apr�M M1ry�p xs Action Item for the City Council Meeting of October 8, 2013 DATE: September 3, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Gustavo Gonzalez, P.E., Director of Water Operations GustavoGo@cctexas.com (361) 826-1874 Engineering Design Contract Staples Street Pumping Plant New 10 Million Gallons Daily (MGD) Pumps CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 2 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $135,640.00, for a total restated fee not to exceed $352,110.00 for Staples Street Pumping Plant New 10 MGD Pumps. PURPOSE: The purpose of this Agenda Item is to execute the amended contract for Staples Street Pumping Plant New 10 MGD Pumps to complete the project design. BACKGROUND AND FINDINGS: The existing Staples Street Pumping Plant was designed by Urban Engineering and subsequently constructed in 2001 to increase the water supply system for the City as recommended in the City's 1997 Water Master Plan. The pump station was designed to accommodate two 10 MGD pumps and two 5 MGD pumps, but only two 5 MGD pumps were installed with the original construction in 2001. The pump station was constructed with sufficient footprint space to accommodate the addition of two future 10 MGD pumps. Due to system demand, it is time to install two 10 MGD pumps. This contract, Amendment No. 2, includes services required for the upgrade of the existing Supervisory Control and Data Acquisition (SCADA) for the Staples Street Pump Station. This amendment contract will provide for developing control system application and Human Machine Interface (HMI) graphics for the City-standard SCADA platform, integrate these additions into existing system-wide SCADA, and obtain validation of the new system. The engineering services include design of the SCADA improvements, preparation of construction bid and contract documents assisting the City in bidding the project, and providing commissioning of the improvements. ALTERNATIVES: 1. Execute the Contract amendment for Professional Services with Urban Engineering as proposed. 2. Do not execute the Contract amendment for Professional Services with Urban Engineering as proposed. OTHER CONSIDERATIONS: SCADA system design is technically sophisticated and provides cost efficient operational controls. This technology will require additional design and programming executed to develop sequence of operation and system integration. These additional services are included in this Contract amendment. The engineering design service is approximately 9.3% of the construction estimate and 6.6% of that project budget. CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2013-2014 Water Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to Date Current Year Future Years 2013-2014 Expenditures (2013-2014) TOTALS (CIP only) Line Item Budget $1,587,400.00 $800,000.00 $2,387,400.00 Encumbered / Expended Amount $216,470.00 $216,470.00 This Item $135,640.00 $135,640.00 Future Anticipated Expenditures This Project $1,370,930.00 $596,489.00 $1,967,399.00 BALANCE $0.00 $671891.00 $67,891.00 Fund(s): Water Cl P #12 Comments: The amendment Contract for Professional Services will result in the expenditure of an amount not to exceed $135,640.00. RECOMMENDATION: City Staff recommends approval of Amendment No. 2 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $135,640.00, for a total restated fee not to exceed $352,110.00 for Staples Street Pumping Plant New 10 MGD Pumps. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint Presentation PROJECT BUDGET Staples Street Pumping Plant New 10 MGD Pumps PROJECT FUNDS AVAILABLE: Water Operating Prior to FY 2012... ............. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . $87,400.00 Water C I P FY 2012-2014... ............. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $2,300,000.00 TOTAL FUNDS...................................................................................... $2,387,400.00 FUNDS REQUIRED: Construction with 10% contingency (Estimate)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $1,689,785.00 Engineer Fees: Engineer (Original Contract) (Urban Engineering)*... ... ... ... ......... ... ... ... ... ... ... . $87,400.00 Engineer (Amendment No. 1) (Urban Engineering)**... ... ... ... ... ......... ... ... ... ... . $129,070.00 Engineer (Amendment No. 2) (Urban Engineering)... ... ... ... ... ... ... ... ... ... ... ... ... 135,640.00 Engineer (For modeling support) (LNV, Inc.)... ... ... ... ... ....... ... ... ... ... ... ... ... ... .. $15,000.00 Materials Testing (Estimate)... ... ... ... ... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $35,811.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... ... ... . $41,779.50 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)... ... ... ... ... ... ... ... ... .. $143,244.00 Finance....... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. $29,842.50 Misc. (Printing, Advertising, etc.)..... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . $11,937.00 TOTAL... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $2,319,509.00 PROJECT BUDGET BALANCE............................................................... $67,891.00 * Original Contract approved by City Council on March 27, 2012 by Motion M2012-065. **Amendment No. 1 approved by City Counicl on March 19, 2013 by Motion M2013-046. File: \Mproject\councilexhibits\exhEl2004.dwg \ NUECES BAY Up RI�R RogO Shy � a °o CF�pgRO Ch4nh @/ o c� 3 ST o N I H 37 � J p U � Z W < Z N Z Y U HWY 44 AGNES o AGNES o � z � MORGAN Y CORPUS w w F o m CHRISTI o CD 0° INTERNATIONAL ,, a Z 9 Y AIRPORT BEAR z J � 9,p SvV� W. POINT lFJ 0�0 N N N Vy 00 S A C0� _� gaRF liygR � M �<v c M /S�gNpRF�F F.M. 665 co moo`' ROq p F.M. 43 Q� CABANISS S FIELD gRglp�q eC� FARM TO MARKET ROAD F.M. 43 F.M. 665 �Q to 0 0 � Qv Q � 2 0 PROJECT LOCATION so F.M. 20 FM 2444 ° tiJ�� F.M. 18 o 0� 0 U �p o F.M. 16 o Z U Q F.M. 14 o Q L0CATIQN MAP PROJECT#E12004 NOT TO SCALE Staples Street Pumping Plant C�TYCO PUS C EXHIBIT CITY OF CORPUS CHRISTI, TEXAS ` New 10 MGD Pumps DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 2 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Urban Engineering, hereinafter called "ENGINEER," agree to the following amendment to the Contract for Professional Services for Staples Street Pumping Plant New 10 MGD (Project No. E120014,), as authorized and amended by: regiment I March 27, 2012 Motion M201 -065 $87,400.00_ Amendment No. 1 1 March 19, 2013 Motion M201 3 0 EXHIBIT "A", SECTION 1. SCOPE OF SERVICES shall be amended to include SCADA improvements at the Staples Street Pumping Plant as specified in the attached Amendment No. 2 Exhibit "A". EXHIBIT "A", SECTION 2. SCHEDULE shall be amended as specified in the attached Amendment No, 2 Exhibit "A", Schedule. EXHIBIT "A", SECTION 3. FEES shall, be amended as specified in the attached Amendment No. 2 Exhibit "A", Summary of Fees, for a revised fee not to exceed $135,640.00 One Hundred Thi[!y-Five Thousand Six Hundred Forty Dollars and Zero Cents), for a total restated fee not to exceed $352,110.00 (Three Hundred Fifty-Two Thousand One Hundred Ten Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Amendment No. 2 Exhibit "B". All other terms and conditions of the March 27, 2012 contract between the City and Engineer will remain in full force and effect, CITY OF CORPUS CHRISTI UREA tsl ENGINEERING U-j 12, Mark Van Vleck, P.E., (Date) games L. Urban, P.E. (Date) Interim Assistant City Manager for 2725 Swantner Drive Public Works & Utilities Corpus Christi, Texas 78404 (361)854-3101 Office RECCOMENDED (361) 854-6001 Fax Daniel bIles/ P.E,, Director oft in ering Services Oper#ng Depa .M, t,, (Date) APPROVED Office of Management and Budget (Date) AMEND. NO. 2 Page I of 2 K ENGINEERING DATAEXCHANGEkJENNIFER\WATER%E12C�04 STAPLES STREET PUMPING PLANT NEW 10 M=AMENDMENT NO,ZOONTRACIRCO T CT,DOCX ATTEST Armando Chapa, City Secretary Project No. E12004 ENTERED Fund Source No. 550950-4091-00000-E12:004 JUL, 1, 1, 211113 Fund Name: Water CAP Encumbrance No. CONTRAG-1 IMANAGER AMEND. NO. Page 2 of 2 K:\ENGINEERING DATAEXCHANGEIJENNIFER\WATER\E12OD4 STAPLES STREET PUMPING PLANT NEW io mGD\AMENDMENT NO.2=NTRACRC0NTRACTD0CX Job No.: 33760-B1.03 URBAN Sent via Email ENGINEERING May 17, 2013 Mr, Wm. J. Green, P.E. Assistant Director of Engineering Services City of Corpus Christi P, 0. Box 9277 Corpus Christi, Texas 78469 Subject: Staoles.Street Pumping Plant New 16 M D Pumps (PN El 2004) — P,ropose,d Contract Amendment Dear Bill: We are pleased to submit to you Amendment No. 2 to our contract to provide engineering services for design and construction administration of improvements to the Staples Street Pumping Plant. The proposed amended work consists of SCADA improvements at the pumping station. The engineering, services will include design of the SCADA improvements, preparation of construction bid and contract documents in the City format, review meetings with City staff, assisting the City in bidding the project, providing construction observation and commissioning of the improvements. We propose to perform the above amended services for a not to exceed fee of $135,640, which increases the total project fee to $352,110. If the above is acceptable, please prepare an amendment to our AE Contract for signatures. If you have any questions please feel free to give me a call. Sincerely, URBAN ENGINEERING sf r �J" J;I DouglasrlMcMullan, P.E. JDM/ Enclosure xc'. Daniel Deng, P.,E- Engineering Services, Wend. via email (361)8,54-3101 2725 SWANTN[R DR. * CORPUS CHRIS11,FXAS 78404 FAX(361)854-6001 wwwk,.jabaneng.corn AMEND. NO. 2 TBPE Fran *145 EXHIBIT "A" Page 1 of 6 EXHIBIT"A" CITY OF CORPUS CHRISTI, TEXAS Staples Street Pumping Plant New 10 MGD Pumps SCADA Upgrade-Amendment No. 2 Project No.E12004 GENERAL Provide engineering project management, engineering design services, plans, specifications, and other artifacts and services required for the upgrade of the existing Supervisory Control and Data Acquisition (SCADA)to City Standard platform for proper operation and control of the Staples Street Pump Station. Develop control system application and Human Machine Interface (HMI) graphics for the City-standard SCADA platform. Integrate these additions into existing system-wide SCADA. Obtain validation of the new system by the end user. 1. SCOPE OF SERVICES A. BASIC SERVICES 1. PRELIMINARY PHASE a) Conduct project kick-off meeting to agree on project definition, parameters, and requirements. Establish project critical success factors and agree on the project management approach. b) Update the existing Project Manual using the City-approved format and samples. The Project Manual shall be a living artifact subject to management of change procedures established for the project. In the Preliminary phase, the Project Manual shall define project objective, parameters, approach, and characteristics as defined in the City- approved format. In subsequent phases,the Project Manual shall be progressively developed into a project execution plan according to recognized and generally accepted project management practices. Its length and content shall reflect the level of elaboration appropriate for the project phase. 2. DESIGN PHASE a) Review background information pertinent to the project b) Conduct a site visit to Staples Pump Station to examine and document existing field conditions, equipment, and installations. c) Develop and distribute to project participants preliminary schedule of all required project artifacts and assign responsibility for creating, updating, and distributing them. Revise and redistribute the schedule throughout the life cycle of the project as required. d) Engineering Services to develop all required drawings and specifications for demolition of existing SCADA panel, legacy displays and chart recorders, and associated wiring. e) Engineering services to develop plans and specifications for the construction and installation of new PLC panel to accommodate fully automatic operation of two existing and two future water pumps and associated valves and instrumentation. f) Prepare 60% and 100% construction plans and specifications required to achieve the technical objective of the project. g) Prepare an opinion of probable construction cost estimate and schedule of the SCADA system upgrade at 60% and 100% submittals. h) Conduct monthly progress update meetings and 60% submittal review workshop. AMEND. NO. 2 EXHIBIT "A" Pa e2of6 i) Provide project management, including managing budgets and schedule, and facilitate communication between project stakeholders. Provide monthly progress report to the City. j) Perform quality assurance and quality control (QA/QC) of internal design development processes. Provide to the QA/QC artifacts at 60% and 100% submittals. k) Submit two half-size drawings and specifications sets for each of the submittals for City to review. Provide one full size reproducible drawings and specifications set. Provide 100% set of all construction documents in native electronic format and in PDF format. PDF documents shall be bookmarked for ease of navigating to key parts and sections of the document. 1) Submit two sets of paper copies of Integration,Verification, and Validation documents. Submit one copy of each document in its native electronic format. PDF documents shall be bookmarked for ease of navigating to key parts and sections of the document. 3. BID PHASE a) Prepare project advertisement for the City. b) Prepare addenda, attend bid opening, review bids and provide recommendation to the City. c) Attend pre-construction meeting, review contract documentation, and respond to Contractors Requests for Information (RFIs). 4. CONSTRUCTION PHASE a) Review contractor shop drawing submittals and maintain submittals log. b) Respond to RFIs and provide clarification to contract documents. c) Review Contractor's requests for change orders d) Conduct monthly site visits, progress meetings and maintain outstanding issues log. e) Provide construction observation services at the construction milestones. Ensure contactor's and integrator's compliance with construction plans, specifications, and quality assurance plan. Review and approve acceptance checklists, witness and approve acceptance tests, attest to correct operation of the system per end user's intent and engineer's specification. f) Conduct final inspection. Complete required commissioning documentation, obtain acceptance signatures from system Owner and Project Manager. Submit final inspection reports and copies of completed commissioning documentation to the City. 5. CLOSE-OUT PHASE a) Provide Engineering Services to develop and deliver as-built drawings. Provide the as- built set of all documents in native electronic format and in PDF format. PDF documents shall be bookmarked for ease of navigating to key parts and sections of the document. b) Other close-out tasks as determined by City Engineer and/or Project Manager B. ADDITIONAL SERVICES Items 1-5 No Changes 6. CONTROL LOGIC AND APPLICATION DEVELOPMENT a) Assist the City with defining and documenting the User Requirements Specifications (URS)for the control system b) Engineering services required to develop and document the Detailed Functional Specification (DFS) based on URS c) Engineering services required to develop and document the control system's Sequence of Operation (SOO) based on DFS L. NO. 2 IT"A" 3of6 d) Engineering services required to oversee the programing of the SOO for the specked PLC platform. e) Engineering services required oversee integrator in developing Human Machine Interface(HMI)graphics for the operator work stations. 7. CONTROL SYSTEM INTEGRATION a) Engineering Services to determine and specify all control system configuration parameters such as PID parameters, set points, and alarm levels required to achieve correct operation, alarming, and emergency notification and response of the automated control system. To include parameters for new pumps and equipment as well as modification to control system parameters for existing equipment. b) Engineering services to oversee integrate the new PLC panel into the existing SCADA system. Configure Historical server, integrate HMI screens into existing system-wide HMI. Verify and demonstrate to Owner stability of the new, integrated system 8. COMMISSIONING AND INSPECTION SERVICES (Work to be completed on T&M basis) a) Provide SCADA System Installation Inspections Services b) Attend and lead FAT and SAT (IV&V)Testing for SCADA systems AMEND. NO. 2 EXHIBIT"A" Page 4 of 6 PROPOSED SCHEDULE FOR STAPLES STREET PUMP STATION NEW 10 MGD PUMPS(With Amendment No.2) Day Date Activity Monday Aril 15, 2013 Begin Design Monday June 17,2013 Prel. Submittal(Pumps) Thursday July 11 2013 City Review Tuesday October S,2013 Council Approval of SCADA Thursday November 7,2013 LNV ModelliqcLComplete Thursday December 19,2013 Prel. Submittal SCADA Thursday January 2, 2014 City Review Thursday January 30, 2014 Pre-Final Submittal Thursday February 13, 2014 City Review Thursday March 13,2014 Final Submittal Monday March 17,2014 Advertise for Bids Tuesday Aril 1,2014 Pre-Bid Conference Wednesday Aril 16,2014 Receive Bids Tuesday May 27,2014 Contract Award Tuesday June 24, 2014 Begin Construction Tuesday December 23,2014 Complete Construction AMEND. NO.2 EXHIBIT"A" Pa e5of6 Summary of Fees Staples Street Pumping Plant New 10 MGD Pumps Project No.E12004 Amendment No. 1 Amend.No.2 Original Pump Southside Total Contract Station Water Trans. Amend. Pump Station Total Fee CiviVElecl Main No.1 New SCADA Mech Basic Services 1 Preliminary Phase $9,000.00 $6,390.00 $1,490.00 $7,880.00 $3,53-0-0-0. $20,410.00 2 Design Phase 38,900.00 27 690.00 6,470.00 34,160.00 63 670.00 $136,730.00 3 Bid Phase 3,000.00 2130.00 500.00 2,630.00 4,150.00 $9,780.00 4 Construction Phase 9,000.00 61390.00 1,490.00 7,880.00 7,130.00 $24,010.00 5 Project Close Out 0.00 0.00 0.00 0.00 1,610.00 $1,610.00 Subtotal Basic Services $59,900.00 $42,600.00 $9.950.00 $52,550.00 $8009000 $192,540.00 Additional Services 1 Topographic Survey/Field Investi ation 11 440.00 0.00 2,040.00 2,040.00 0.00 13,480.00 2 Construction Observation Services 13 980.00 0.00 3,240.00 3,240.00 0.00 17,220.00 3 Warranty Phase 2,080.00 1100.00 540.00 1,640.00 0.00 3,720.00 4 Engineering Integration and Control Services 0.00 61,500.00 0.00 61 500.00 0.00 61,500.00 5 Flow Meter/Pump Drive Assessment 0.00 8100.00 0.00 8,100.00 0.00 8100.00 6 Control Logic and Application Development 0.00 0.00 0.00 0.00 15 890.00 15,890.00 7 JControl System Integration 0.00 0.00 0.00 0.00 15 890.00 15,890.00 8 lCommissioning and Inspection Allowance 0.00 0.00 0.00 0.00 23 770.00 23 770.00 Subtotal Additional Services $27,500.00 $70,700.001 $5,820.001 $76,520.00 $55,550.00 $159,570.00 Total $87,400.00 $113,300.001 $15,770.001 $129,070.00 $135,640.00 $352,110.00 3/27/2012 3/19/2013 M2012-065 M2013-046 M2013- AMEND. NO. 2 EXHIBIT"A" Page 6 of 6 N ,0 4HR N N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 +-' O O O O O M O O O O O r O r cM Q N y E y a 0 t0 M N r M r N m >. > ` r (n N N 0 a W a U 0 0 00 0 O o o ❑ ❑ p 0 O O O O ° ° ° m m ° o 2 OO Lc LO V) O to Q r r N 93 N M C 69 69 6F} Eg 3•> C) a ° ° � ° a � ° N O m m m O O O 2 O LO V) I LO LO > 69 6f? 6F} 6R i C IL — = m °M ° OOLoO o0 ° ° QQQ °O �°O °° L°O 0 v °o_ � Fm- H H `O E > r 6F> aC O O O O O O O i• p p p ti o ti i• w ++ O O to O N O N N d 47 d O O O f-- to N O T- to m m m N ti O Z oL A M M 00 N v V- d' 00 'Cr N O 6f? 6F? 6t> 6A 6f> {A U co d U 7 w N O O a 0 a O co r- Q ❑ Q I- O ti r- 0 O O Q C N O N 10 m P m 10 N co co Z Z 41 r r N 9 V r 6F} r 6F? r r ff} 6f} � CL = Q a 0 O O O ° N ° Q O N N O 0 6F9 mN O O O O "-i V— O r r U Z r r r r r r Cs ,O ff. fA 69 EA a f+ O O O O O 0 0 0 ❑ ❑ Q O O O O 0 0 0 0 0 0 O m m m 0 O O O eLa a o �n o o O P P P O a a 0 N N � m � CO N � O U U LL � � N N N N N v N N O LL LL cp Z' O o N O M CO Z m c ca LL o O g o to EL Cn .r 49 m (L Om0c n aa � � a 0C/) co vcmQ1°- M 2 �t r�r�t rt rt �t�aattar ra Ial nt: ewS�rra"wrirr ra"Y C'RY C it I Y (I (ARKS S IRISTI C:`ftri:ati DISCLOSURE OF INTEREST t"it s cal" "aaa'l u� C'��ri ti Ordir�an I71 !?W �r rtrrr rteCwGI. r� Jtrires ,rG� ��� ° +wr�w cr kir'Nr� � lata attic wwitlt tlaa° C"nv to g)re7w�i�� tlac "nllcawwirt� rrtl�Mrntatrcaaa. 1 w�carr� c ur��tic?aa natrst tic <arr�wwc�r�cl. It'Elie question i:s ncat wal�lrlicwtltic�, answer ww itlr '"NA". Se rcwcrwc lia�w° fi'c�r I�iliaa� 1C wclaairc aaa�att s. ca nd"i:wataa s and ctw finrtactrati. COMPANY NAME: t.)rlaatn F,nlp:inccring P. 0. BOX: s"I'REI°T ADDRESS- 2721 Swainner ( ITT: C ctrltns C*Iaaa h 2A'P: 784,0'I FIR I 1, r r�ur tiara r . ... __.t �� �, 1��drVrt�r�Iti1, �. ScaIc�Owner [� uf. t� �sirarticara trlrar DISCLOSUl I Qul� ' rlO, ' 11 additiarnal sp ac:c+ is rac;c"waaty, please it se rlie revers! Ode A I i A s ltwa c t attach scixarntc a heet. l. statc the ntarnes or carac h "cmpkayud* or the Lity of C'ctrlans Offish laaaw in wall "O nCrihila irtt rot-ctanatit tit in :l�'�� or ntctrc� ctf Ow owwnerst6f;in the above rtatnaed "I'ir�rtt,`'� " sartte l)ctantnwnt f kacwal .cl 110C and Citw ?. Swe flocs ntan°�nes ofc acla "ct1'f c�i.ar of`tlta: C'itw cal C`c:rrlt a (Tristi It aw Wg an —owwracr{:�ltila iratc�rc:m" c onsthuUng.T14 or nuve of the m%nership iri tiae raltcaw c^nwatnecl "01r°na. Naame life 3. stne tits nwaaanes of c"wh —bm ral rawmlao.., of the Q of C`cWrl�trs C"Iaa°i:wti ltwrw iatg wart '"�.www rt�r�laila interest:—Constituting 31,141 r more of"the ownership ira the �aa�lta.rw�c ra«taaa�c�l ""fir-aaa. Name Board. C'r:atn fit iss,ion crr C arrraatartt«�c" I. ' taatca the rtaanae,., Of eaa It enaaplc vee or officer of'aa "Constrlt.ant" too aloe C°itw of,C:ctrl)ns Christi mho wwearl ed on ativ matter rc,I ated tat We SAW Of His c°mntr°a MW " an "cwww"tila interest"consti¢.aatin 311/,o of more ot'the oy,wl,ter,la'ip in tlae aho e n,artaed "firm,„ Name FILING RE r<.rLRL:M CvTS if a person who reclnests eaflicral aactiaan can a rrutHer kntms that the requested action will ceanG all economic benetit ctrl any City rafricial or employee that is distingurshatblc front the eft"het that the action will have cats Inerthers caf the lauhhc in generLal car a strlastaintaQtl se�*rttetat tltwrecaf, �rraar shall disclose that fact in a signed kvr itinU tea the City official, ernhalcas°ce car beady tltttt has been reclaaested to am in the matter, aarale�ss tire. interest cal tlae("its°aakl�crral car°entl�lca�'c� in tlt�w rttrtttcr is ajalaarcnt. 'rhe disclosure shall also he made in as ac'riting riled 'oh the City Sec,r'etarr°y. ,,tides Ordinance`section 2-349 (d)] I c,rtily that rya n intiarntatiaan lar vWcd is true and correct as of the. date Of this staatenterat, tharat l have not knowingb r�itltltc;lal disclosure of arry hiforna atiaan requested: and that sulalalenlentnl statenveras krill be, snbtatit ed to the C'11y,�Mai Corlans Ch�r tstt, l"ex as as claanges aaccnr. Cortifying Person, ... .._,. 0)lie or r'rr+'ora Signature caf 'ert4irtf Data La"cwraaartz _._.__.__........_. DEF L'tiI'l"I0NS aa. '"Board ntenrber." A member of atnu'k board, coratnrission, or cortarniuce alalaaainted by the city Ccatnrehl cal°the coy 4arcomus Christi,Texas. b. `'l conomic berief C. An actiaan that is likely to aaffRI an economic: interest it' it is likely to have all effect can that intcr`est that is distinguishable front its clAc:t can naernbers ref the laublic hi general or a substantial segment thereof, cv ­a°.tn joyee." any jurumi enalahayvd by the°( ltd,' rW("aq us Christi. l°crus ehkr on as I°aall tar part-tints°basis. least meat as all indePcndent e6.)ntrrrctrar'. d. I Firm." Any einhy aalaenaud A econoude gain. whether larot'esstaaraaal, industrial or cornmercial, and whether csaahlished to larodnce or deal kith a product or service, including laut ratat liaaaited tea, entities operawd in the liarnt or scale laroprietorshila, as sclt=entlalca vd person. laartnershila,corporation, point stock ccaraalaaaaw, icaint venture. reeci�ershila or �traast.slid entities which tier laua.rlaoases of taxation are treated as naan-profit organaizatican;s. e. Q. t"tac;ial," The Ntra'or, naeratlaers of Ow (11 t liunck City, Manager. Dehaaaaty Cicy Manager, Assistant City; Manager& Delacartnreut and Division Heads, and "stunicihaarl Court ludges raftlta f;.it� cal`t"aarlarrs t;"harist.i Iexaas. C. -Ownership lnteresC t..egaal or equitable anerest. khedier aacaaaaally or constructively held, in a firm, iraetcrcliar aw�laera saaela interest is hra:lcl througha all agent. tma, c.'��m , car haaV IL—, entity, ("censer uc,.tively held refers to h(ildiags ear control established tltroumh vcatir% Imams. proxies, or special terms e.af`venture or laaartncr shits ar�r`eeraaeatts.° Constdtata ," My pen"era or time. sracha as engineers and architects. hired by the City cal' Corpus Christi for the twrrrlOse oflaraa6a°sskmal cons(,rIuuion aatad recontnrendatkarl. ��11�441111VIII1191�1�11pmN�V�I\��4��1111�11 11�V11111I1V11��1111uYV4V111 1100\�1V4�1��1111V� II 1 4' N oil ����0011 10010011111\10�i10141VS�'kG [I�IllklflV�VN��IYIW�'h��,�fV! �IOI��I��`u1011011001`1101181K1101 @I�� � N 4� 1 � o � Q O C U W e / �� .a=+ C� u�,�m��osm000somommo{�gw,,,�m�U�ou���m�igr�m�u��ul rnill�ouutts�iuuuua�mm ( � www1111 f 7n Cl c9 q C J ( OtitsmUtivc`mSatub�iulg�rohmti�mrmini�timmitittno»omiiui V V 4� J .....................: ........... 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N co 64 C14 C\l LO �{} O O C7 N 1 .- O V ° � . � o O ° ° m N O O a to N W N O E . � 0 Q 7 N E a U L IL K. (O V d _ O W L O O N N N O V 0 (n M a) c: c: V U N d O CL Z o U W W Z U W LLI C M � W U >, J L U >, m ° ? ° Z a � N Qom; : a7 J_ �_ J a) o 0 0 0 M a O O a U �2zz °, � m L Q Q O N 0 \ O O O � H Q (0 N a N W o U E E w o : D c� Z H a) am O LOQQ � P- a) HU U Q � U L L L L L L : U O U J 0 N N N N N .T J W 0 0 0 Z a) E Q 0 E m0 = O c ccccm FD0w0Q a H a U w w w w w2� M H a �gUS C Gd 0 AGENDA MEMORANDUM w�aa© ao Future Item for the City Council Meeting of September 24, 2013 xs Action Item for the City Council Meeting of October 8, 2013 DATE: August 20, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 Engineering Design Amendment No. 1 McArdle Road Improvements — Ennis Joslin Road to Whitaker Drive Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with RVE, Inc. from Corpus Christi, Texas in the amount of $155,520.00, for a total restated fee not to exceed $1,113,240.00, for McArdle Road from Nile Drive to Ennis Joslin Road and McArdle Road from Whitaker Drive to Nile Drive, for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 1 Street Projects) PURPOSE: The purpose of this Agenda Item is to execute Amendment No. 1 with RVE, Inc. for McArdle Road. BACKGROUND AND FINDINGS: The McArdle Road Improvements Project involves expanding the existing 2-lane roadway from Ennis Joslin Road to Nile Drive to a 3-lane roadway with two travel lanes, a continuous left turn lane, and bike lanes. From Nile Drive to Whitaker Drive, the existing roadway will be limited to the replacing existing pavement from lip of gutter to lip of gutter, using full depth pavement reclamation (FDPR) with a new 3" type "D" hot-mix asphalt concrete (HMAC). In addition the roadway will be striped as a 3-lane roadway with two travel lanes, a continuous left turn lane, and bike lanes. East of Nile Drive, the street improvements include a full pavement re-construction new street section. West of Nile Drive, the street improvements include recycling the existing asphalt in place of the existing road surface with periodic full-depth pavement repair and pavement widening. In addition to the street improvements, the Project includes new curb and gutter; sidewalks on each side of the street, Americans with Disabilities Act (ADA) curb ramps, lane striping and pavement markings. Utility improvements associated with the Project include partial expansion, replacement and/or rehabilitation of existing storm, water and wastewater infrastructure. Amendment No. 1 is for Additional Services requested by the Wastewater and Storm Water Departments. The additional services are for the Design, Bid and Construction Services associated with storm sewer upgrades in McArdle Road from Daly Drive to Rodd Field Road and wastewater infrastructure capacity conveyance upsizing in McArdle from Nile Drive to Ennis Joslin Road. ALTERNATIVES: 1. Execute Amendment No. 1 to a Contract for Professional Services with RVE, Inc. as proposed. 2. Do not execute Amendment No. 1 to a Contract for Professional Services with RVE, Inc. as proposed. OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. Services are beyond the scope of work in original contract, beneficial to alleviate area drainage and provide future wastewater capacity. CONFORMITY TO CITY POLICY: This Contract Amendment complies with the Professional Procurement Act and City Policy. RVE, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2013-03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department Storm Water Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS Line Item Budget $2,316,000.00 $5,709,000.00 $3,975,000.00 $12,000,000.00 Encumbered/Expended $957,720.00 $0.00 $957,720.00 Amount This item $155,520.00 $0.00 $155,520.00 Future Anticipated $1,358,280.00 $5,553,480.00 $3,961,334.07 $10,873,094.07 Expenditures This Project BALANCE $0.00 $0.00 $13,665.93 $13,665.93 Fund(s): Wastewater and Storm Water CIP BOND ISSUE 2012 Comments: Amendment No. 1 will result in the expenditure of$155,520.00 for a total amount not to exceed $1,113,240.00. RECOMMENDATION: City Staff recommends the approval of Amendment No. 1 to the Contract for Professional Services with RVE, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract—Amendment No. 1 PowerPoint Presentation PROJECT BUDGET McArdle Road Improvements Nile Drive to Ennis Joslin Whitaker Drive to Nile Drive Project No(s): E12097& E12098 Bond Issue 2012 PROJECT FUNDS AVAILABLE: Street CIP Bond Issue 2012.............................................................................. $ 6,000,000.00 WaterCIP.......................................................................................................... 780,000.00 Wastewater CIP................................................................................................... 660,000.00 Storm Water CIP................................................................................................. 3,060,000.00 GasCIP....................................................................................................... 100,000.00 MISCIP............................................................................................................. 100,000.00 Future CIP Wastewater Request.......................................................................... 1,300,000.00 TOTAL............................................................................................................... 12,000,000.00 FUNDS REQUIRED: Construction (preliminary estimate).......................................................................... 8,579,873.98 Contingency(10%)............................................................................................... 857,987.40 Design Fees: Engineer(RVE Engineering)................................................................................... 1,113,240.00 Geotechnical Study and Materials Testing (TBD) 240,000.00 Geotechnical Study and Testing (Kleinfelder) 15,500.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)........................................ 141,567.93 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)............................... 943,786.14 Finance.............................................................................................................. 47,189.31 Misc. (Printing, Advertising, etc.)............................................................................. 47,189.31 TOTAL............................................................................................................... 11,986,334.07 ESTIMATED PROJECT BUDGET BALANCE........................................................... $ 13,665.93 \Mproject\councilexhibits exhE12097-12098dwg / r, / / / r / / / t r, r /r / r„ r / l / J / / rf r / r / / 6. / r rrrrr�. G i / I r / 0 / / / r r r/ i J / i I / < r / / r i r / i r rr r / r r. I, r /r I r ,. i r I r r� / o, / r r / / /r r/ r i r � , /r / i / _ r / r r / / / / G r / 1, J r,/ r. / r r / r / / / / r r, J rra r / i r , rr r r / r l / r c r r, . r / ✓r /rr / r / r / r / / r r r rt / r i / r PROJECT LOCATION / # E12098 Whitaker Drive to f /!,/ rig ? Jr///✓/r // / ,/ ter% Nile Drive FF PROJECT LOCATION ' // i /'/ // ' ,✓" // ' /( E12097 Nile Drive to Ennis JosAn Road air/r FINIA / r ,,, � ,,, / /"/',, /✓//,////� 1.;,,r, /%� /r,/� �� // / , ��j%//�i% rrr,; � � ��:;' / A // i� rrr /' / r ,, ii ,„,'��” "G I ,,, "j r„!,",/r % rir j ' .;;G/�/r!"-P' %i"-„r <,,,, lr,rr,,, ;%/'ii/�/�+.✓ � /m;,,r%r rya %%��/ /i -j/ MY L0CATION MAP NOT TO SCALE PROJECT#E12097 & E12098 McARDLE ROAD FROM CITY COUNCIL EXHIBIT NILE DRIVE TO ENNIS JOSLIN ROAD #E12097 & CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES — WHITAKER DRIVE TO NILE DRIVE #E12098 PAGE: 1 of 1 _ _ CITY OF CORPUS CHRISTI AMENDMENT NO, 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and RVE, INC. hereinafter called "Engineer", agree to the following amendments to the Contract for Engineering Services for McArdle Road improvements Ennis Joslin Road to Whitaker Drive (Proiect No. E12097/E12098) BOND ISSUE 2012, as authorized and administratively amended by: Ori final Contract_ January 29, 2013 .__[_Motion -No M201MI19 In the Original Contract, Exhibit "A", Section 1. Scope of Services, Part A. Basic Services shall be amended to include Item No. 2 Design Phase , Item No. 3 Bid Phase and Item No. 4 Construction Phase as set forth in the attached Amendment No. 1, Exhibit "A". In the Original Contract, Exhibit "A", Section 3, Fees, Part C. Summary of Fees shall be modified by the attached as Amend No. 1 Exhibit "A" for a fee not to exceed 1156,520.00 (One Hundred Fifty Five Thousand Five Hundred Twen!y Dollars and Zero Cents), for a total restated fee not to exceed $1,113,240.00 (One Million One Hundred Thirteen Thousand Two Hundred Forty Dollars and Zero Cents). Monthly invoice will be submitted in accordance with Exhibit "C". All other terms and conditions of the January 29, 2013 contract between the City and Engineer, and of any amendments to that contract, which are not specifically address,e I herein shall remain in full force and effect. CITY OF CORPUS CHRISTI RV INC Mark Van Vleck, P.E. Date Patrick D. Veteto, P.E. Date Interim Assistant City Manager President for Public Works & Utilities 820 Buffalo Street Corpus Christi, TX 78401 (361) 887-8851 Office RECOMMENDED (361) 887-8855 Fax Daniel Riles, P. E., Date Director of Engineering Services APPROVED AS TO FORM City Attorney Date APPROVED Office of Management Date and Budget AMD. NO. I 2DPa 2 e 1 of 2 MENGINEERING DATAEXCHANGE'ANGIEM\STREEIAE12098 MCARDLE-WHITAKER TO NILE BOND iSSUE 20121AM9ENDIVIENT NO 1kAMENDMENT NO 1 DOC ATTEST Armando Chapa, City Secretary McArdle Road from Nile to Ennis Joslin Pro'ect No. E12097 BOND ISSUE 2012 Department Fund Source No. Amount Street CIP 550950-3549-00000-E12097 $0.00 Wastewater CIP 550950-4251-00000-E12097 75,410.00 Storm Water CIP 550950-3496-00000-E12097 56,077.00 Water CIP 550950-4092-00000-E12097 0.00 Gas CIP 550950-4556-00000-E12097 0.00 Total $131,487.00 Encumbrance No. McArdle Road from Whitaker Drive Nile Pro'ect No. E12098 BOND ISSUE 2012 Department Fund Source No. Amount Street CIP 550950-3549-00000-E12098 $0.00 Wastewater CIP 550950-4251-00000-E12098 0.00 Storm Water CIP 550950-3496-00000-E12098 24,033.00 Water CIP 550950-4092-00000-E12098 0.00 Gas CIP 550950-4556-00000-E12098 0.00 Total $24,033.00 Encumbrance No. ENTERED AUG 212013 CONTRACT MANAGERS AMD.NO. 1 Page 2 of KIENGINEERING DATAEXCHANGEVINGIEMISTREE nE12088 MCARDLE-WHITAKER TO NILE BOND ISSUE 20121AMENDMENT NO 1"ENDMENT NO.1.DOC Inc. engineering ing — surveying August 19, 2013 7-13002 City of Corpus Christi Engineering Services P, 0. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Ms.Jamie Pyle, P.E. Re: McArdle Road Improvements—Ennis Joslin Road to Whitaker Drive City Project No(s)E1.2097 & E12098 Engineering Contract Amendment No, I Dear Ms. Pyle: The City has requested that RVE perform additional design work on the subject project to include: storm sewer capacity upgrades from Daly Drive to Rodd field Road and wastewater trunk line upsizing frorn Nile Drive to Ennuis Joslin Road. Per our contract with the City on this project, RVE is due additional engineering fees for storm sewer capacity upgrades and for other street and utility improvements that exceed the budgets established at throe time of the original contract. The estimated construction cost of the storm sewer capacity upgrades is $1,339,275.05. The estimated construction cost of the total requested wastewater improvements, including upsizing of the trunk main, is $1,421,593.05. The original budget for wastewater improvements was $500,000; so, the amount of wastewater improvements over the original budget is $921,593.05. Tile total estimated additional construction cost associated with this contract amendment is $2,260,868.10. RVE.; proposes to perform the necessary additional engineering services for a total of$155,520.00(6.88%)separated as follows: - DESIGN PHASE: 122,780.00 - BID PHASE: $ 1,440.00 - +CONSTRUCTION PHASE: $ 31,300.00 Contract amendment documents supporting the above have been submitted to the City. Please let me know if you have any questions,or need any additional information. Sincerely, RVE, In . Scott.]ones, P.E. Civil. Group Manag-r DSJJder cc: File A D. NO. 1 EXHIBIT "A" TBPE Firm Reg. No. F-2037 Page 1 of 2'. 820 Buffalo Bt., Corpus Christi,Texas 78401-2216 P.O.Box 2927, Corpus Christi,Texas 78403-2927 phone: 361.887.8851 fax.361..887.8855 e-mail: rve @rve-inc.com wwebsite: wwww.rve-inc.com. oo dc; p. 4 J Cf � 8 O ° GOO u4i s} pj `S � NCil �Nl! I� ODDl� V- CO ffi� . N CQC° C., o Oa a RODgOCa R q a °ogg g 00�j e WtJ3 cm df K ffT di !A fA f!!V� ................... W W o340a0o 00 �. R2ooR24% c 9" a low Q ta'- CO 40 C2 C30 Cl C2 d ~ V GSANOO cc coo 4p' m QpQQ pO g 0 O Olga�• pN "!Alrf 1�+ QQ W W. 12 4g 69 v�� usi cA OO ° v � WZ W Z 3 a+ M 'o i3 Q I� W 8$ o0 O tC4 m � L I66 0 0a m � t � g •� aQ CL c4�► E �rn•ccb� 0 OMM a 0 �; co 31 Vl O m AMD. NO. 1 EXHIBIT"A" Page 2 of 2 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury & Property Damage non-renewal or material change required Per occurrence- aggregate on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises-Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired— Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim /$2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,000/500,000/500,000 AMD. NO. 1 EXHIBIT"B" Page 1 of 3 lkEngineering FormsILARGE AE EXHIBIT B.DOCX '• r 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. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: L Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. AMD. NO. 1 EXHIBIT"B" Page 2 of 3 JAEngineedng FortnsI ARGE AE EXHIBIT B.DOCX 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 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" Page 3 of 3 JAEngineerfng FormsVI ARGE AE EXHIBIT B.DOCX 0 0 0 0 0 0 0 0 0 0 0 0 0 r+ ) \ f 1 f� O 0 0 0 0 0 0 0 In O M V fl. E O O C C C C Qt O O O O O 00 p O O O O O p q 00 00 C) 0 O o L � LO LO � 64 V39 664 � H = 4 0 0 Co 0 0 00 000000 m � O O O O V O o Ln F-- F- In L O C 64 64 64 64 � a - 00000L0 0640000ppoc LO LO v 00_ Im- H E >> Q c H M O to O o O O er p p W 0 as W V- t- co O 64 �- CD IM m m w o oh w 0 r cc r T O O C4 � � M � M qt 0 4a r N r L O N M N M w co to OCO 69 64 64 fA W r C4 0 W %- a N o64 0 0 0 0 064 00 0 0 0 o 00 CD o� O 00 aZ Z° d z° H u .°> a Lu > Q CLa _ r 0 o o 0 o 04 Oc) o 0 0 o Cl p 0 0640 C) V Z ~ ~ V E �+ f` CO O CO O r O O O It p 0 L (� V co O 64 r CA O m m 0 0 0 0 i 0 r r O O N M � CO d' _ � N LO O N M o M c0 O 6). d3 64 64 64 V v CA N u) a a� c L v .°' m %- 8 a M) cc rn (- c ca Q Z ti � a ma c cz, o � cg CD N cu O c CD v E rn N p a = c E n o 0 m a p m w U U) QCL a. of O U) (4 N m Q F- AMD. N0. 1 EXHIBIT"C" Page 1 of 1 70SU B��F B Cl�riY s PURCHASING DIVISION city of CITY OF CORPUS CHRISTI hrlSti C DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112,as amended,inquires 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 defmitlons. COMPANY NAME: RVE,Inc. P.O.BOX: STREET ADDRESS: 820 Buffalo Street CITY: Corpus Christi ZIP: 78401 FQtM IS: 1. Corporation ® 2. Partnership 8 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessa please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) NIA 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title NIA 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm.' Name Board,Commission or Committee NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Nam Consultant NIA FILING REQUIREMENTS If a person who requests official action on a matter knows that the re nested action will confer an economic benefit oil any City official or employce that is distinguishable from the effect that the action will have on members of the public in eneral or a substantial segment thereof, you shall disclose that fact it) a signed writing to the City officiiIII, employee or body that has been requested to act in the matter, unless the interest of the City official or eni loyee in the matter is appitrent. he disclosure shall also be made in a signed writing riled with the City ecretary. [Ethics Ordinance Section -349(d)] CERTIFICATION I certify that all information provided is trite and correct as of the date of this statement,that I have not knowi�n ly withheld disclosure of any information requested; and that supplemental statements will be prompt y submitted to the City of Corpus Christi,'Texas as changes occur. Certifying Person: Patrick D.'V'etet ,P E. I"itlet President t1'riae or Print) Signature o,f Certifying Date:. 0I-18'-33 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,"Texas. b. "Economic benefit"". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect oil 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, itadustrial 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 firnn, such as engineers and architects;, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation, C) .......... © >v r=. ui •— L L �C m ..........0............ 0 ca � �+ +� O s � N 0 � � �V 0 CL M U cry O N DC •— r' 0 O a� .. 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