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Agenda Packet City Council - 10/29/2013
a Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final City Council Tuesday, October 29,2013 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 Rod Young, Church of Hope 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. 13-001004 Proclamation declaring November 4 - 8, 2013 as "Municipal Courts Week" Proclamation declaring November 2013 as "Pulmonary Hypertension Awareness Month" Certificate of Commendation Presentation to the Waldron Road Baptist Church 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 211812014 City Council Meeting Agenda-Final October 29, 2013 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOWANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: H. EXECUTIVE SESSION: (ITEM 2) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2. 13-001006 Executive Session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment of the City Secretary with possible discussion and action in open session. I. MINUTES: 3. 13-001005 Regular Meeting of October 22, 2013 Attachments: Minutes-October 22, 2013 J. BOARDS &COMMITTEE APPOINTMENTS: K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 4 - 19) Corpus Christi Page 2 Printed on 211812014 City Council Meeting Agenda-Final October 29, 2013 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. 4. 13-000959 Purchase of specialized equipment for emergency response capabilities Motion authorizing the purchase of specialized equipment for a total amount of$76,864.19 utilizing funds from the 2011 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. Attachments: Agenda Memo- Purchase of Specialized Equipment 5. 13-000919 Contract for Vital Statistics Unit grant for administration of duties A motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Unit of the Health Department and for the payment of record fees in the amount of $1.83 per printed record due to the State; and to ratify acceptance of the contract to begin as of September 1, 2013. Attachments: Agenda Memo- FY 13-15 Vital Statistics.pdf Contract-Vital Statistics 09.16.2013.pdf 6. 13-000889 Second Reading Ordinance -Accepting and appropriating funds for the Violence Against Women (VAWA) grant(1st Reading 10122113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of$43,823.74 for Year 14 of the Violence Against Women (VAWA) Program within the Police Department with a City match of$16,573.28 and an in-kind match of$8,928 from the No. 1020 Police General Fund; appropriating the $43,823.74 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of$16,573.28 from the No. 1020 Cash Contribution to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $69,325.02. Attachments: Agenda Memo-VAWA approp memo 10.08.2013 revised Ordinance-VAWA grant 2013-Police(revised) Award letter 1314 7. 13-000917 Second Reading Ordinance -Accepting and appropriating Federal grant for the FY 2013 Port Security Grant Program (1st Reading 10122113) Corpus Christi Page 3 Printed on 211812014 City Council Meeting Agenda-Final October 29, 2013 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$66,191 from the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2013 Port Security Grant Program to purchase law enforcement equipment for the Police Department, with a City match of $22,064 for a total project cost of$88,255; and appropriating the $66,191 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo- PSGP acceptance 10.22.2013 Ordinance- PSGP Grant 2013-Police Award letter 8. 13-000953 Second Reading Ordinance -Accepting and appropriating State grant increase to the State Homeland Security Grant Program (SHSP) (1st Reading 10/22/13) Ordinance authorizing the Mayor or designee to execute all documents necessary to accept a grant adjustment from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) to increase the amount from $45,221.80 to $60,678.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $15,457.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. Attachments: Agenda Memo-SHSP Ordinance-SHSP Grant Adjustment Notice-SHSP 9. 13-000941 Second Reading Ordinance -Accepting and appropriating the FY 13-14 Senior Companion Program (SCP) grant (1st Reading 10/22/13) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $264,007 grant awarded by the Corporation for National and Community Service; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant Fund. Corpus Christi Page 4 Printed on 211812014 City Council Meeting Agenda-Final October 29, 2013 Attachments: Agenda Memo-SCP Grant award 2013 Federal Ordinance-SCP grant award 2013 Federal Attachment-SCP Award Letter 2013 Federal 10. 13-000942 Second Reading Ordinance -Accepting and appropriating a local grant for the Senior Companion Program (1st Reading 10122113) Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of$10,000 from Mirador- to be used for stipends, mileage, meals and recognition of volunteers of the Corpus Christi Senior Companion Program. Attachments: Agenda Memo-SCP Grant award 2013 Mirador Ordinance- Miirador Grant Acceptance Ordinance Attachments-Award Letter Mirador 11. 13-000943 Second Reading Ordinance -Accepting and appropriating a Federal grant for the Retired Senior Volunteer Program (RSVP) (1st Reading 10122113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $46,934 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $46,934 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant Fund. Attachments: Agenda Memo- RSVP Grant award 2013-2014 Ordinance- RSVP Grant award 2013-2014 RSVP Federal Notice of Award 2013-2014 12. 13-000945 Second Reading Ordinance -Amending the Code of Ordinances to establish a formal memorial bench and tree program (1st Reading 10122113) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36 regarding memorial tree and park bench program; providing for severance; and providing for publication. Attachments: Agenda Memo- Memorial Tree and Bench Program Ordinance- Memorial Tree and Park Bench Attachment- Memorial Bench &Tree Program brochure 13. 13-000715 Second Reading Ordinance -Adopting amendment to the revised project and financing plans for Reinvestment Zone Number Two; Corpus Christi Page 5 Printed on 211812014 City Council Meeting Agenda-Final October 29, 2013 amending budget; appropriating funds for current year in Packery Channel Improvement Program (CIP)fund; approving contract for continued Packery Channel monitoring (1st Reading 10/22/13) Ordinance approving and adopting an amendment to the Revised Project and Financing Plans for Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009, as recommended by the Island Strategic Action Committee, the Board of Directors North Padre Island Development Corporation, and the Reinvestment Zone #2 Board of Directors; approving and adopting the Reinvestment Zone Number Two, City of Corpus Christi FY 2013-2014 Budget as recommended by the Island Strategic Action Committee, the Board of Directors North Padre Island Development Corporation, and the Reinvestment Zone #2 Board of Directors; appropriating and transferring $510,000 from the Unreserved Fund Balance in Fund 1111 Reinvestment Zone #2 to and appropriating in the No. 3278 Packery Channel Projects TIF #2 fund for the approved Fiscal Year 2014 projects; Changing the FY 2014 Operating Budget adopted by Ordinance No. 029915 to increase expenditures by $510,000; and authorizing the City Manager, or his designee, to execute Amendment No. 8 to the contract between the City and Texas A& M University-Corpus Christi in the amount of$349,755 for a restated fee not to exceed $1,897,783 for Packery Channel Monitoring Fiscal Year 2013-2014. Attachments: Agenda Memo- Packery Channel Ordinance- Packery Channel Project Budget- Packery Channel Monitoring 13-14 Contract- Packery Channel Monitoring 13-14 Location Map PowerPoint- Packery Channel Monitoring 13-14 DRAFT 14. 13-000948 Second Reading Ordinance -Construction contract for Oso Bay Area Park Development, Phase 2 (BOND 2008) (1st Reading 10/22/13) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916, to include $450,000 from Fund 4720 Community Enrichment Fund; transferring $196,265 from Fund 3480 Storm Water CIP Fund Reserves, $288,210 from Fund 4088 Water CIP Revenue Bond Fund Reserves, $319,740 from Fund 4510 Wastewater Capital Reserves, and $289,895 from Fund 3544 Street 2007A CIP Fund Reserves to the Oso Creek/ Oso Bay Area Park Development Project (Bond 2008); increasing expenditures in the amount of $1,544,110; and authorizing the City Manager, or his designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $4,215,816.00 for the Oso Bay Area Park Development, Phase 2 project for the Base Bid only. Corpus Christi Page 6 Printed on 211812014 City Council Meeting Agenda-Final October 29, 2013 Attachments: Agenda Memo-Oso Park, Phase 2 Ordinance-Oso Park Phase 2 Budget-Oso Park, Phase 2 Location Map-Oso Park, Phase 2 Additive Alternates-Oso Park, Phase 2 WITH BIDS PowerPoint-Oso Bay Park Phase 2 15. 13-000951 Second Reading Ordinance - Lease agreement for farm and grazing airport acreage (1st Reading 10122113) Ordinance authorizing the City Manager, or designee, to execute a Farm and Grazing Lease Agreement with James P. Kelly to farm and graze approximately 28.28 acres of farm land located at the Corpus Christi International Airport, in consideration of an annual payment to the City of $15 per leased acre for a term of five 5 years. Attachments: Agenda Memo- Kelly Lease 10-22-13 Ordinance- Kelly Lease 8-26-13.pdf Agreement- Kelly Farm Lease- Partially Executed 16. 13-000924 Second Reading Ordinance - Agreement and appropriation of funds for disposal of brush, bulky items, and construction and demolition materials (1st Reading 10122113) Ordinance authorizing the City Manager, or designee, to execute an Agreement for the disposal of brush, bulky items, and construction and demolition materials with MSW Corpus Christi Landfill Ltd., a Texas limited partnership, and Gulley-Hurst LLC, a Texas limited liability company; appropriating $150,000 of anticipated revenue in the No. 1020 General Fund and changing the FY 2013-2014, Operating Budget adopted by Ordinance 029915 by increasing Revenues and Expenditures by $150,000.00 each. Attachments: Agenda Memo 3-Gulley-Hurst Landfill Agreement Ordinance 3-Gulley-Hurst Landfill Agreement Gully-Hurst Landfill Agreement 17. 13-000955 Second Reading Ordinance -Service agreement and appropriation of funds for a route optimization program for Solid Waste Services (1st Reading 10122113) Ordinance appropriating $335,196 from the unappropriated fund balance in the No. 1020 General Fund into the Operating Budget of the Solid Waste Department in the 1020 General Fund for the purchase of a Route Optimization Program for Refuse and Recycling Collection; changing the FY 2013-2014 Operating Budget adopted by Ordinance 029915 by increasing appropriations by $335,196 in the No, 1020 General Fund; and awarding a service agreement to provide software, Corpus Christi Page 7 Printed on 211812014 City Council Meeting Agenda-Final October 29, 2013 hardware and installation of a route optimization program with WM Logistics LLC, Magnolia, Texas, in accordance with Bid Invitation No. BI-0156-13, based on most advantageous proposal, for a total amount of$335,196. Attachments: Agenda Memo- Route Optimization Program Ordinace--10-9-13-V4 Ordinance- Route Optimization Program 10-10-13 Matrix- Route Optimization Program 10-9-13 18. 13-000966 Second Reading Ordinance - Hotel Occupancy Tax funds for convention center capital/maintenance (1st Reading 10122113) Ordinance appropriating $1,591,601.36 from reserved fund balance in the No. 1030 Hotel Occupancy Tax Fund for Convention Center Capital/Maintenance at the American Bank Center; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures by $1,591,601.36. Attachments: Agenda Memo- HOT Fund Appropriation Ordinance- HOT Fund Appropriation 19. 13-000952 Second Reading Ordinance - Ratifying the acceptance of and appropriating State grant; execution of contract for early childhood literacy programs (1st Reading 10/22/13) Ordinance ratifying the acceptance of a $7,525 grant from the Texas State Library and Archives Commission (TSLAC) and execution of the contract and all related documents with TSLAC to participate in the Impact Grant Program for the period of September 1 , 2013 through August 31, 2014; and appropriating $7,525 from the TSLAC in the Library Grants Fund No. 1068 to continue the TSLAC Impact Grant Program through the period of September 1 , 2013 through August 31, 2014. Attachments: Agenda Memo- IMPACT Grant Funds 2013 Ordinance-TSLAC IMPACT grant 2013- Library.pdf Contract- IMPACT Grant 475-14009.pdf M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEM 20) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 20. 13-000944 Resolution amending council policy number nine Resolution amending Council Policy No. 9, entitled Community Development Block Grant and HOME Programs by revising the language regarding the CDBG acronym, the language of sections e. and Corpus Christi Page 8 Printed on 211812014 City Council Meeting Agenda-Final October 29, 2013 f. and by adding a section g.; and reaffirming the objectives and guidelines of the policy. Attachments: Agenda Memo-Council Policy No. 9 Resolution -Amending Council Policy No 9 O. FIRST READING ORDINANCES: (ITEMS 21 -23) 21. 13-000974 First Reading Ordinance - Designating the City as designated caretaker of impounded animals Ordinance amending section 6-1(a) "definitions" by adding the definition of designated caretaker; amending section 6-103(g)(1) "Dispositions of animals" of the Corpus Christi Code by designating the City as designated caretaker of impounded animals; providing an effective date; providing for severance; and providing for publication. Attachments: Agenda Memo- Designated caretaker agenda 10.29.2013 Ordinance- Designated Caretaker- Police 2013 22. 13-000978 First Reading Ordinance - Accepting and appropriating State grant funds for Women, Infants and Children grant (WIC) Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant in the amount of $447,758.00 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; and to ratify acceptance of the grant to begin as of October 1, 2013 Attachments: Agenda Memo-2014 WI C.pdf Contract-2014 WIC.pdf Ordinance-WIC.pdf 23. 13-000962 First Reading Ordinance -Appropriating funds to reimburse the developer for the construction of a wastewater lift station Ordinance appropriating $411,387.25 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real Estate Group, Inc., ("Developer") for the construction of Tortuga Dunes/Zahn Road/Packery Channel wastewater lift station and force main improvements in accordance with the approved reimbursement agreement executed with the Developer. Attachments: Agenda Memo-Tortuga Dunes,Appropriation Ordinance- Forestar, Appropriation Historical Agreement-2009-126, Construction and Reimbursement Agreement Corpus Christi Page 9 Printed on 211812014 City Council Meeting Agenda-Final October 29, 2013 P. FUTURE AGENDA ITEMS: (ITEMS 24 -28) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 24. 13-000976 Lease purchase of eight (8) CNG freightliner trucks with trash bodies for brush collection Motion approving the lease-purchase of eight (8) Freightliner trucks with trash bodies from Freightliner of Houston, Houston, Texas for a total amount of$1,573,114.00. 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: Agenda Memo- Freightliner Trucks with Trash Bodies.pdf Price Sheet- Freightliner Trucks with Trash Bodies.pdf 25. 13-000977 Lease purchase of six (6) CNG Peterbilt trucks with automated side loaders for refuse collection Motion approving the lease-purchase of six (6) Peterbilt trucks with automated side loaders from Rush Truck Centers of Texas, L.P., Houston, Texas for a total amount of $1,897,112.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the city's lease-purchase financing contractor. Attachments: Agenda Memo- Peterbilt Trucks with Automated Side Loaders.pdf Price Sheet- Peterbilt Trucks with Automated Side Loaders.pdf 26. 13-000975 Supply agreement for water meters and registers Motion approving a supply agreement with Neptune Technology Group, Inc., Tallassee, Alabama for water meters and registers for a total estimated expenditure of$635,968.48. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (HGAC). The term of the agreement shall be for nine (9) months. Funds have been budgeted by the Water Department in FY 2013 - 2014. Attachments: Agenda Memo-Water Meters and Registers.pdf Price Sheet-Water Meters and Registers.pdf 27. 13-000967 Engineering monitoring contract-for salinity and freshwater inflow monitoring Rincon Bayou Diversion - Nueces Bay System Motion authorizing the City Manager, or designee, to execute a Contract for Monitoring Services with the Conrad Blucher Institute at Texas A&M University - Corpus Christi in the amount of$94,605.00 for Rincon Corpus Christi Page 10 Printed on 211812014 City Council Meeting Agenda-Final October 29, 2013 Bayou Diversion - Nueces Bay System Salinity and Freshwater Inflow Monitoring 2013-2014. Attachments: Agenda Memo- Salinity Monitoring Protect Budget-Salinity Monitoring.pdf Location Map-Salinity Monitoring.pdf Contract-Salinity Monitoring Presentation-Salinity Monitoring 28. 13-000968 Engineering monitoring contract-for Nueces River water quality, Oso Creek water level and City of Corpus Christi meteorological monitoring Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to the Contract for Monitoring Services with the Conrad Blucher Institute at Texas A&M University - Corpus Christi in the amount of$93,381.00, for a total restated fee of$456,642.00 for Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2013. Attachments: Agenda Memo-Water Quality Monitoring Protect Budget-Water Quality Monitoring Location Map-Water Quality Monitoring Contract-Water Quality Monitoring Presentation-Water Quality Monitroing 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, October 22,2013 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. B. Invocation to be given by Pastor Chip Blackshear, First Presbyterian Church Pastor Chip Blackshear gave the invocation. C. Pledge of Allegiance to the Flag of the United States. Ms.Saundra Thaxton, Interim Assistant Director of Strategic Management gave the Pledge of Allegiance. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Assistant City Secretary Rebecca Huerta called the roll and 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 None. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and called for City Manager's Comments. City Manager Ron Olson reported on the following issues: 1)The Request for Qualifications for the Planning Department will be sent out this week to conduct a review of the overall planning operations for the City and an updated schedule will be provided the Council after the meeting.2) Mr. Olson Corpus Christi Page 1 Printed on 1012412013 City Council Meeting Minutes October 22, 2013 stated that he completed his 900th day as City Manager and reported that all of the goals set were accomplished. Mr. Olson provided the Council with new goals for the next 100 days.3)The Texas Jazz Festival was held over this past weekend and was a tremendous event.4)Water levels continue to increase in the storage basin with expected totals through today at 37%total storage capacity in all systems. Mr. Olson added that storage capacity can potentially be up 20%over the past couple of weeks.5)Assistant City Manager interviews were conducted and Mr. Olson stated that he is not in a position to make a decision at this time. I. MINUTES: 4. Regular Meeting of October 15, 2013 A motion was made by Council Member Chad Magill,seconded by Council Member Mark Scott that the Minutes be passed. The motion carried by an unanimous vote. J. BOARDS &COMMITTEE APPOINTMENTS: 5. Arts and Cultural Commission Commission on Children and Youth Ethics Commission Mayor Martinez called for board and committee appointments.The following appointments were made: Arts and Cultural Commission -Dianna Bluntzer(Reappointed); Carla Gardiner and Sean Mintz(Appointed) Commission on Children and Youth -Warren W.Andrich (Appointed) Ethics Commission -Ken Bung and Harry Hallows(Reappointed) L. CONSENT AGENDA: (ITEMS 6 - 10) Approval of the Consent Agenda Mayor Martinez called for the consent agenda.There were no comments from the public or the Council. The consent agenda was passed on 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 6. Authorization to apply for continued financial assistance from Texas General Land Office Beach Cleaning and Maintenance Assistance Program Resolution authorizing the City Manager or designee to execute all documents necessary to request continued financial assistance for Corpus Christi Page 2 Printed on 1012412013 City Council Meeting Minutes October 22, 2013 beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2013-2014 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. This Resolution was passed on the Consent Agenda. Enactment No: 029981 7. Second Reading Ordinance -Accepting and appropriating additional funding from the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program (1st Reading 10115113) Ordinance appropriating $409,664 from the United States Department of Homeland Security - amendment to the Staffing forAdequate Fire and Emergency Response (SAFER) Grant Program into the No 1062 Fire Grants Fund to maintain 8 military veteran firefighter within the Fire Department This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029982 8. Second Reading Ordinance - Ratifying acceptance and appropriating the 2013 Emergency Management Performance Grant (1st Reading 10115113) Ordinance ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of$75,325.21 for the Emergency Management Performance Grant (EMPG); and appropriating $75,325.21 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Management Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029983 9. Second Reading Ordinance -Accepting and appropriating FY 2013 Elderly Nutrition Program (ENP) Grant Award (1st Reading 10115113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $647,713 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Elderly Nutrition Program. This Ordinance was passed on second reading on the Consent Agenda. Corpus Christi Page 3 Printed on 1012412013 City Council Meeting Minutes October 22, 2013 Enactment No: 029984 10. Second Reading Ordinance - Revising the membership of the Watershore and Beach Advisory Committee (1st Reading 10115113) Ordinance to revise the membership of the Watershore and Beach Advisory Committee. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029985 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 11 - 18) 11. First Reading Ordinance -Accepting and appropriating funds for the Violence Against Women (VAWA) grant Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of$43,823.74 for Year 14 of the Violence Against Women (VAWA) Program within the Police Department with a City match of$16,573.28 and an in-kind match of $8,928 from the No. 1020 Police General Fund; appropriating the $43,823.74 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of$16,573.28 from the No. 1020 Cash Contribution to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $69,325.02. Mayor Martinez referred to Item 11. Police Administration Manager Pat Eldridge stated that the purpose of this item is to accept and appropriate the Violence Against Women (VAWA) program grant for Year 14 to cover the costs for one (1)victim case manager, travel,and public education.There were no comments from the public or Council.This Ordinance was passed on first reading and approved with the following vote: 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 12. First Reading Ordinance -Accepting and appropriating Federal grant for the FY 2013 Port Security Grant Program Corpus Christi Page 4 Printed on 1012412013 City Council Meeting Minutes October 22, 2013 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$66,191 from the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2013 Port Security Grant Program to purchase law enforcement equipment for the Police Department, with a City match of$22,064 for a total project cost of$88,255; and appropriating the $66,191 in the No. 1061 Police Grants Fund. Mayor Martinez referred to Item 12. Police Administration Manager Pat Eldridge stated that the purpose of this item is to accept and appropriate the FY2013 Port Security Grant Program for the purchase of law enforcement equipment to strictly be used in the Port area.There were no comments from the public or Council.This Ordinance was passed on first reading and approved with the following vote: 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 13. First Reading Ordinance -Accepting and appropriating State grant increase to the State Homeland Security Grant Program (SHSP) Ordinance authorizing the Mayor or designee to execute all documents necessary to accept a grant adjustment from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) to increase the amount from $45,221.80 to $60,678.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $15,457.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. Mayor Martinez referred to Item 13. Fire Chief Robert Rocha stated that the purpose of this item is to accept and appropriate the State Homeland Security Program Grant used by the Emergency Management Division to assist in homeland security.There were no comments from the public or Council.This Ordinance was passed on first reading and approved with the following vote: 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 14. First Reading Ordinance -Accepting and appropriating the FY 13-14 Senior Companion Program (SCP) grant Corpus Christi Page 5 Printed on 1012412013 City Council Meeting Minutes October 22, 2013 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $264,007 grant awarded by the Corporation for National and Community Service; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant Fund. Mayor Martinez referred to Item 14. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to accept and appropriate a grant to fund the Senior Companion Program.There were no comments from the public or Council.This Ordinance was passed on first reading and approved with the following vote: 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 15. First Reading Ordinance -Accepting and appropriating a local grant for the Senior Companion Program Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of$10,000 from Mirador- to be used for stipends, mileage, meals and recognition of volunteers of the Corpus Christi Senior Companion Program. Mayor Martinez referred to Item 15. Director of Parks and Recreation Michael Morris stated that the purpose of this item is accept and appropriate a grant from Mirador to add additional Senior Companion Program volunteers. There were no comments from the public or Council.This Ordinance was passed on first reading and approved with the following vote: 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 16. First Reading Ordinance -Accepting and appropriating a Federal grant for the Retired Senior Volunteer Program (RSVP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $46,934 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $46,934 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Corpus Christi Page 6 Printed on 1012412013 City Council Meeting Minutes October 22, 2013 program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant Fund. Mayor Martinez referred to Item 16. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to accept and appropriate a grant for the Retired Senior Volunteers Program (RSVP).There were no comments from the public or Council.This Ordinance was passed on first reading and approved with the following vote: 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 17. First Reading Ordinance -Amending the Code of Ordinances to establish a formal memorial bench and tree program Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36 regarding memorial tree and park bench program; providing for severance; and providing for publication. Mayor Martinez referred to Item 17. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to create a formal memorial bench and tree program. In response to a Council question, Mr. Morris explained that citizens that request a specific location other than what is recommended by staff and requires ADA compliance will be responsible for the additional costs. There were no comments from the public.This Ordinance was passed on first reading and approved with the following vote: 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 18. First Reading Ordinance -Adopting amendment to the Revised Project and Financing Plans for Reinvestment Zone Number Two; amending budget; appropriating funds for current year in Packery Channel Improvement Program (CIP) Fund; approving contract for continued Packery Channel Monitoring Ordinance approving and adopting an amendment to the Revised Project and Financing Plans for Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009, as recommended by the Island Strategic Action Committee, the Board of Directors North Padre Island Development Corporation, and the Reinvestment Zone #2 Board of Directors; approving and adopting the Reinvestment Zone Number Two, City of Corpus Christi FY 2013-2014 Budget as recommended by the Island Strategic Action Committee, the Board of Directors North Padre Island Development Corporation, and the Reinvestment Zone #2 Board of Directors; appropriating and transferring $510,000 from the Unreserved Fund Balance in Fund Corpus Christi Page 7 Printed on 1012412013 City Council Meeting Minutes October 22, 2013 1111 Reinvestment Zone #2 to and appropriating in the No. 3278 Packery Channel Projects TIF #2 fund for the approved Fiscal Year 2014 projects; Changing the FY 2014 Operating Budget adopted by Ordinance No. 029915 to increase expenditures by $510,000; and authorizing the City Manager, or his designee, to execute Amendment No. 8 to the contract between the City and Texas A & M University-Corpus Christi in the amount of$349,755 for a restated fee not to exceed $1,897,783 for Packery Channel Monitoring Fiscal Year 2013-2014. Mayor Martinez referred to Item 18. Director of Engineering Services Dan Biles stated that the purpose of this item is to adopt the financing plan for the Reinvestment Zone No 2 approved by the Island Strategic Action Committee, the North Padre Island Development Corporation and the Reinvestment Zone No.2 and to appropriate funds and execute a contract with Texas A&M University-Corpus Christi (TAMU-CC)for Packery Channel Monitoring. Mayor Martinez called for comments from the audience.Johnny French spoke regarding the following topics: request that the City change the policy for financing of Packery Channel projects back to what was approved by voters in 2001;compliance of the contract on ADA accessibility and parking access to the jetties; protect base of revetment system; issuance of tickets for not having required stickers in the boundaries of Packery Channel;and funding the maintenance.Abel Alonzo stated that he supported Mr. French's concerns with ADA compliance and said that the Committee for Persons with Disabilities has not been presented this project to support the recommendations. Council members asked questions regarding whether the City is in violation of the bond requirements;ADA requirements and parking;the timeframe for the ramp on the southside;charges for violation of parking stickers;and the maintenance budget for Packery Channel not paying for cleaning of trash activities. Deirdre Williams, TAMU-CC,spoke regarding the benefit of raising the revetments and stated that she would provide a report on Packery Channel in the next couple of weeks.This Ordinance was passed on first reading and approved with the following vote: 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 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 8 Printed on 1012412013 City Council Meeting Minutes October 22, 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. Mayor Martinez deviated from the agenda and called for comments from the public.Andy Taubman asked questions regarding the accountability process of the downtown park project.Abel Alonzo stated that the City has worked hard to be transparent on projects and is offended that citizens say that the City Council has been misleading. H. EXECUTIVE SESSION: (ITEMS 1 -3) Mayor Martinez deviated from the agenda and referred to the day's executive sessions.The Council went into executive session. 1. Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding Texas Commission on Environmental Quality rulemaking proceedings pertaining to environmental flow standards for basin and bay system composed of the Nueces River and Corpus Christi and Baffin Bays, 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 to amend legal services contract with attorney Tim Brown to provide additional funding up to$112,540 for subcontract professional consultant services for technical analysis related to Texas Commission on Environmental Quality rulemaking proceedings pertaining to environmental flow standards for basin and bay system composed of Nueces River and Corpus Christi and Baffin Bays. Council Member Loeb made a motion to approve the motion as presented, seconded by Ms. McIntyre,and passed. Enactment No: M2013-161 2. Executive Session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment of the City Secretary with possible discussion and action in open session. Corpus Christi Page 9 Printed on 1012412013 City Council Meeting Minutes October 22, 2013 This E-Session Item was discussed in executive session. 3. Executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the City of Corpus Christi in negotiations with a third person with possible discussion and action in open session. This E-Session Item was discussed in executive session. K. EXPLANATION OF COUNCIL ACTION: O. FIRST READING ORDINANCES: (ITEMS 19 -24) 19. First Reading Ordinance -Construction Contract for Oso Bay Area Park Development, Phase 2 (BOND 2008) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916, to include $450,000 from Fund 4720 Community Enrichment Fund; transferring $196,265 from Fund 3480 Storm Water CIP Fund Reserves, $288,210 from Fund 4088 Water CIP Revenue Bond Fund Reserves, $319,740 from Fund 4510 Wastewater Capital Reserves, and $289,895 from Fund 3544 Street 2007A Cl P Fund Reserves to the Oso Creek/ Oso Bay Area Park Development Project (Bond 2008); increasing expenditures in the amount of$1,544,110; and authorizing the City Manager, or his designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of$4,215,816.00 for the Oso Bay Area Park Development, Phase 2 project for the Base Bid only. Mayor Martinez referred to Item 19. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to award the construction contract for the Oso Bay Nature Preserve and Learning Center. Mr. Morris presented the project scope, schedule,and project budget. Council members asked questions regarding the following topics: accessibility to the park;the use of CIP fund reserves to pay for the project;surplus of parks;the number of bathrooms; land acquisition of the property;sustainability;whether future budgeted funds include staffing;and whether the accessibility issue was presented to the Committee for Persons with Disabilities. Mayor Martinez called for comments from the public and there were none.This Ordinance was passed on first reading and approved with the following vote: (NOTE:A 10-minute recess was taken during this item due to technical problems.) 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 Corpus Christi Page 10 Printed on 1012412013 City Council Meeting Minutes October 22, 2013 Abstained: 0 20. First Reading Ordinance -Lease Agreement for farm and grazing airport acreage Ordinance authorizing the City Manager, or designee, to execute a Farm and Grazing Lease Agreement with James P. Kelly to farm and graze approximately 28.28 acres of farm land located at the Corpus Christi International Airport, in consideration of an annual payment to the City of$15 per leased acre for a term of five 5 years. Mayor Martinez referred to Item 20. Director of Aviation Fred Segundo stated that the purpose of this item is to approve a Farm and Grazing Lease Agreement with James P. Kelly for approximately 28.28 acres of farm land located at the Corpus Christi International Airport for a five(5)year term.There were no comments from the public or Council.This Ordinance was passed on first reading and approved with the following vote: 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 21. First Reading Ordinance - Agreement and appropriation of funds for disposal of brush, bulky items, and construction and demolition materials Ordinance authorizing the City Manager, or designee, to execute an Agreement for the disposal of brush, bulky items, and construction and demolition materials with MSW Corpus Christi Landfill Ltd., a Texas limited partnership, and Gulley-Hurst LLC, a Texas limited liability company; appropriating $150,000 of anticipated revenue in the No. 1020 General Fund and changing the FY 2013-2014, Operating Budget adopted by Ordinance 029915 by increasing Revenues and Expenditures by $150,000.00 each. Mayor Martinez referred to Item 21. Director of Solid Waste Operations Lawrence Mikolajczyk stated that the purpose of this item is to approve an agreement for disposal of brush, bulky items,construction,and demolition materials.There were no comments from the public or Council.This Ordinance was passed on first reading and approved with the following vote: 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 22. First Reading Ordinance -Service Agreement and appropriation of funds for a route optimization program for Solid Waste Services Corpus Christi Page 11 Printed on 1012412013 City Council Meeting Minutes October 22, 2013 Ordinance appropriating $335,196 from the unappropriated fund balance in the No. 1020 General Fund into the Operating Budget of the Solid Waste Department in the 1020 General Fund for the purchase of a Route Optimization Program for Refuse and Recycling Collection; changing the FY 2013-2014 Operating Budget adopted by Ordinance 029915 by increasing appropriations by $335,196 in the No, 1020 General Fund; and awarding a service agreement to provide software, hardware and installation of a route optimization program with WM Logistics LLC, Magnolia, Texas, in accordance with Bid Invitation No. BI-0156-13, based on most advantageous proposal, for a total amount of$335,196. Mayor Martinez referred to Item 22. Director of Solid Waste Operations Lawrence Mikolajczyk stated that the purpose of this item is to approve a service agreement for a route optimization program. Council Member McIntyre asked questions regarding whether the software had the ability to track and monitor heavy brush routes and whether there was an additional cost to include this option. Mr. Mikolajczyk stated that this software is used primarily to route garbage and recycle collection routes and the additional expense to include heavy brush routes was not considered when the project was bid. Mayor Martinez called for comments from the public and there were none. This Ordinance was passed on first reading and approved with the following vote: 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 23. First Reading Ordinance - Hotel Occupancy Tax Funds for Convention Center Capital/Maintenance Ordinance appropriating $1,591,601.36 from reserved fund balance in the No. 1030 Hotel Occupancy Tax Fund for Convention Center Capital/Maintenance at the American Bank Center; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures by $1,591,601.36. Mayor Martinez referred to Item 23.Assistant City Manager Wes Pierson stated that the purpose of this item is to appropriate$1,591,601.36 from the reserved fund balance in the Hotel Occupancy Tax(HOT) Fund for the Convention Center Capital Maintenance at the American Bank Center. Council members as questions regarding the following topics:the expected increase/decease of the HOT funds in next year's budget;the other entities affected by the HOT funds; the process and criteria for determining which entities receive HOT funds; and an update on the original list of needs and improvements made at the American Bank Center. Mayor Martinez called for comments from the audience and there were none.This Ordinance was passed on first reading and approved with the following vote: 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 Corpus Christi Page 12 Printed on 1012412013 City Council Meeting Minutes October 22, 2013 Abstained: 0 24. First Reading Ordinance - Ratifying the acceptance of and appropriating State grant; execution of contract for early childhood literacy programs Ordinance ratifying the acceptance of a $7,525 grant from the Texas State Library and Archives Commission (TSLAC) and execution of the contract and all related documents with TSLAC to participate in the Impact Grant Program for the period of September 1 , 2013 through August 31, 2014; and appropriating $7,525 from the TSLAC in the Library Grants Fund No. 1068 to continue the TSLAC Impact Grant Program through the period of September 1 , 2013 through August 31, 2014. Mayor Martinez referred to Item 24. Director of Libraries Laura Garcia stated that the purpose of this item is to accept,appropriate and execute a grant from the Texas State Library and Archives Commission to expand child literacy programs.There were no comments from the public and Council. This Ordinance was passed on first reading and approved with the following vote: 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 P. FUTURE AGENDA ITEMS: (ITEMS 25 -27) Mayor Martinez referred to the Future Agenda. City Manager Ron Olson stated that staff had a presentation for Item 27.The City Council had no questions. 25. Purchase of specialized equipment for emergency response capabilities Motion authorizing the purchase of specialized equipment for a total amount of$76,864.19 utilizing funds from the 2011 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. This Motion was recommended to consent agenda. 26. Contract for Vital Statistics Unit grant for administration of duties A motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Unit of the Health Department and for the payment of record fees in the amount of$1.83 per printed record due to the State; and to ratify acceptance of the contract to begin as of September 1, 2013. Corpus Christi Page 13 Printed on 1012412013 City Council Meeting Minutes October 22, 2013 This Motion was recommended to consent agenda. 27. Resolution amending council policy number nine Resolution amending Council Policy No. 9, entitled Community Development Block Grant and HOME Programs by revising the language regarding the CDBG acronym, the language of sections e. and f. and by adding a section g.; and reaffirming the objectives and guidelines of the policy. This Resolution was recommended to regular agenda Q. BRIEFINGS TO CITY COUNCIL: (NONE) R. ADJOURNMENT The meeting was adjourned at 3:05 p.m. Corpus Christi Page 14 Printed on 1012412013 se 0 *4 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 22, 2013 Action Item for the City Council Meeting of October 29, 2013 0ORPOR 11 1832 DATE: 10/22/2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m i keb(a)-cctexas.com 361-826-3169 Robert Rocha, Fire Chief rrocha(a)-cctexas.com 361-826-3932 F_ Purchase of Specialized Equipment CAPTION: Motion authorizing the purchase of specialized equipment for a total amount of $76,864.19 utilizing funds from the 2011 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. PURPOSE: The U.S. Department of Homeland Security awards annual grants to the State of Texas, who then award sub-recipient grants to local jurisdictions. The current grant was accepted by the City Council on December 13, 2011. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. BACKGROUND AND FINDINGS: The Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) serves as the State's agent for the various grant programs. These funds shall be used to provide medical and hazardous material emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man- made, natural disaster, and acts of terrorism. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTALCLEARANCES: Fire Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $267,608.35 $267,608.35 Encumbered / Expended Amount $174,490.14 $174,490.14 This item $76,864.19 $76,864.19 BALANCE $16,254.02 1 $16,254.02 Fund(s): Fire Grant Fund 1062 Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Not applicable. �pUS CAA, 0 AGENDA MEMORANDUM 'yCOAPOFFik Future Item for the City Council Meeting of October 22, 2013 1$52 Action Item for the City Council Meeting of October 29, 2013 DATE: 9/1712013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR @cctexas.com 361-826-7203 Vital Statistics Unit Grant FY 13-14 CAPTION: A motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Unit of the Health Department and for the payment of record fees in the amount of $1.83 per printed record due to the State; and to ratify acceptance of the contract to begin as of September 1, 2013. PURPOSE: This Vital Statistics Unit of the Health Distict and Department of State Health Services (DSHS) formalizes an agreement for the administration of duties and for the payment of record fees due to DSHS, BACKGROUND AND FINDINGS: The Vital Records office at the Corpus Christi-Nueces County Public Health District (CCNCPHD) issued about 18,000 birth certificates, 2,000 death certificates and 5,000 duplicate death certificates for FY 12-13. This contract with DSHS formalizes an agreement to provide the CCNCPHD access to the State database for a fee of $1.83 for each copy printed when needed. In FY 12-13, Vital Records made over 5,000 copies from the State database. In addition to the fees paid to the State, the City of Corpus Christi allocates $1.00 to the CCNCPHD for record retention from the plastic cover sales. The current fee for a birth certificate is $23.00, death certificate is $21.00, duplicate death certificates are $4.00 and plastic cover fees are $2.00. These fees are set by the DSHS Program Vital Statistics Unit. ALTERNATIVES: Discontinue Vital Statistic Unit Division at the Corpus Christi-Nueces County Public Health District OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval require for acceptance of grant and appropriation of revenue funds EMERGENCY 1 NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Finance-Federal Grants and office of management and budget FINANCIAL IMPACT: u Operating n Revenue u Capital X Not applicable Project to Date Fiscal Year: 2013 Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): 1020 General Fund The Vital Stats department receives revenue less the state fees. The state fees go directly to a liability account for payment to the state. Birth Certificates$23.00 18,625 $428,345.00 Death Certificates$21.00 1,919 $40,299.00 Death Certificates$4.00 5,242 $20,968.00 Plastic Sleeve$2.00 7,722 $15,444.00 Total Revenue $505,86.00 Total State Charges$1.83 4,925 $9012.75 DEPARTMENT REVENUE $514,098.75 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Contract No. 2014-044162-001 Ordinance TEXAS DEPARTMENT OF STATE HEALTH SERVICES 1100 West 49th Street•Austin,Texas 78756 E Q)Eik rQ P.Q.Box 149347•Austin,Texas 78714-9347 DAVID L.LAKEY,M.D, ?,' T 1-888-963-7111 •www,dshs.state.tx.us COMMISSIONER TTY: I-800-735-2989 Dear Contractor: Enclosed are two originals of your Department of State Health Services (DSHS) contract. Please sign both originals, keep one for your files and return one to me as soon as possible. Changes made to any portion of the contract documents are considered a counter-offer and are not valid without DSHS written concurrence. PLEASE NOTE: Return one copy of the contract in its entirety to the address below. Contracts returned to any other address may result in contract delays. Mailing Address for Regular Mail: Physical Address for Overnight Mail: Client Services Contracting Unit MC 1886 Client Services Contracting Unit MC 1886 Department of State Health Services Department of State Health Services PO Box 149347 1100 West 49°i Street Austin, TX 78714-9347 Austin,TX 78756 Attention: Vonda White Attention: Vonda White Please reference the DSHS contract and attachment number in all future correspondence. If you have questions, please contact Vonda White at 512-776-2907 or via email at vonda.whitendshs.state.tx.us. Sincerely, �� 441n� Bob Burnette,Director Client Services Contracting Unit Enclosures An Equal Employment Opportunity Employer and Provider DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2014-044162-001 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Performing Agency), an agency of the State of Texas, for DSHS Program Vital Statistics Unit and CITY OF CORPUS CHRISTI (Receiving Agency), a Government Entity. (collectively, the Parties). 1. Purpose of the Contract. Performing Agency agrees to provide and Receiving Agency agrees to purchase the services and/or goods as described in this Contract. 2. Total Amount of the Contract. The total amount of this Contract shall be determined by the number of birth certificates printed. 3. Term of the Contract. This Contract begins on 09/01/2013 and ends on 08/31/2015. The Parties are not responsible for performance under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 4. Authority. Performing Agency enters into this Contract under the authority of Health and Safety Code, Chapter 1001. If this is an interagency, contract authority is also granted through the Texas Government Code, Interagency Cooperation Act, Chapter 771 et seq. If this contract is an interlocal, contract authority is also granted through the Texas Government Code, Interlocal Cooperation Act, Chapter 791 et seq. 5. Documents Forming Contract. The Contract consists of the following: a. Core Contract (this document) b. Exhibits, if applicable 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 Performing Agency and Receiving Agency and incorporated herein through written amendment. This Contract may be modified within the Contract period by written amendment signed by both Parties. 6. Statement of Work. Performing Agency agrees to provide on-line computer services in support of Receiving Agency from 7:00 a.m. to 6:00 p.m. Monday thru Friday, except holidays. In the event of an emergency or computer application error, Performing Agency may temporarily suspend services without advance notice. Page - 1 Receiving Agency will search Performing Agency databases, locate data, and issue Certifications of Vital Records to authorized individuals requesting such data. The certifications will be in a format formally approved by Performing Agency. Receiving Agency will acquire the necessary data processing equipment, communications, hardware or software, and purchase "bank note" paper, as specified by Performing Agency. Performing Agency will assist in connection of the equipment, furnish applicable software programs, and provide technical assistance related to equipment and programs under control of the Performing Agency. Receiving Agency acknowledges that records may not be located in the searching process instituted by Receiving Agency or records, which are located, may have errors due to: A) normal key-entry errors in spellings; B) accidental failure on the part of the Performing Agency to update a file for an amendment or paternity determination; and C) the event year does not exist on the system. Receiving Agency will notify Performing Agency in writing, at least monthly of errors or suspected errors that exist on the data base information. Receiving Agency is to maintain an inventory control and account for each document produced on "bank note" paper, including voided documents. Receiving Agency is responsible for maintaining a system of vital record keeping that is in accordance with Chapters 195 of the Health and Safety Code and the regulations adopted there under. 7. Payment Method. Fee for Service Receiving Agency agrees to reimburse Performing Agency $1.83 (One Dollar and 831100) for each Certification of Vital Record printed as a result of searches of the database. Receiving Agency agrees to charge the same base search fee for a birth certificate as Performing Agency. Additional fees may only be charged as authorized by Texas Health and Safety Code 191. 8. Billing Instruction. The Parties agree that the following payee is entitled to receive payment for services rendered by DSHS or goods provided under this Contract. Performing Agency will submit a monthly itemized billing showing the number of transactions by date to Receiving Agency and payment will be made no later than thirty (30) days following the billing date. Payment will be considered made on the date postmarked. Page - 2 Name: Texas Department of State Health Services Vital Statistics Unit, MC2906 Address: P. O. Box 149347 Austin,Texas 78714-9347 Vendor Identification Number: 35375375371000 9. Confidentiality. Parties are required to comply with state and federal laws relating to the privacy and confidentiality of patient and client records that contain Protected Health Information (PHI), or other information or records made confidential by law. Receiving Agency will maintain sufficient safeguards to prevent release or disclosure of any information obtained hereunder to anyone other than Receiving Agency employee(s) or those who have an official need for the information and are authorized to receive such records. Receiving Agency further agrees records obtained and issued, as specified under this contract, will be used for purposes as herein set out and the use of these records or data for other purposes must be agreed to in writing by both parties. 10. Security of Patient or CIient Records. Receiving Agency agrees that all data received from Performing Agency shall be treated as confidential, and ensure all information provided to outsourced entities remains confidential and utilized as specified in any pertinent written agreements. Data will not be used for any purpose other than that specifically set forth herein. Data will not be made available to any other individual or organization without proper consent. Data will be maintained to prevent unauthorized access and will not be used to track back to any individual or organization identified by the data. Receiving Agency agrees to implement all reasonable and necessary procedures to ensure that only authorized users will have access and will notify Performing Agency immediately should it detect a security violation by one of its employees or any other person. Receiving Agency is responsible for insuring that authorized Receiving Agency employee(s) use only their own individual passwords while logged into Performing Agency on-line computer applications. Performing Agency will inactivate any individual who does not use their account for ninety (90) days. Receiving Agency shall notify Performing Agency of all branch locations. 11. Suspension of Services Under This Contract. In the event of an emergency or computer overload, Performing Agency may temporarily suspend services without advance notice. This Contract may be immediately suspended upon reasonable suspicion by Performing Agency that the terms of this Contract have been violated. Performing Agency further reserves the right to terminate this Contract if, after reasonable notice and investigation, it is concluded that a violation of this Contract has occurred. 12. Liability for Harm. It is expressly understood that Performing Agency makes no guarantee of accuracy regarding the data provided to Receiving Agency under this contract. 13. Termination. This Contract may be terminated by mutual agreement of both parties. Either party may terminate this Contract by giving 30 day's written notice of its intent to terminate. Written notice may be sent by any method, which provides verification of receipt, and the 30 days will be calculated from the date of receipt. This Contract may be terminated for cause by either party for breach or failure to perform an essential requirement of the Contract. Page - 3 Performing Agency reserves the right to limit or cancel access under this Contract should Performing Agency determine that is has insufficient capacity in its computer system to maintain current levels of transactions by Receiving Agency and/or that continued access by Receiving Agency is detrimental to the overall efficiency and operation of Performing Agency's computer systems. Any such limitation or termination of services will be upon written notice to Receiving Agency by Performing Agency. Upon termination of all or part of this Contract, Department and Receiving Agency will be discharged from any further obligation created under the applicable terms of this Contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination. 14. Terms & Conditions. A. Federal and State Laws, Rules and Ordinances. Parties shall comply with all applicable federal and state statutes, rules and regulations. B. 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, the Contract shall 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 shall be Travis County, Texas. C. Records Retention. DSHS shall retain records in accordance with the Department's State of Texas Records Retention Schedule, located at http://www.dshs..state.tx.us/records/schedules.shtm, Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. D. 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. Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. E. Legal Notice. Any notice required or permitted to be given by the provisions of this Contract shall 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 first given above (or at such other address as the Party shall specify to the Receiving Agency in writing) or, if sent by certified mail, on the date of receipt. F. Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Page -4 G. Waiver. Acceptance by either party of partial performance or failure to complain of any action, non-action or default under this Contract shall not constitute a waiver of either party's rights under the Contract. H. Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Chapter 2260 of Texas Government Code and implemented in the rules at 25 TAC §§1.431-1.447 shall be used by Performing Agency and Receiving Agency to attempt to resolve any claim for breach of contract made against Performing Agency. I. Inspections. Receiving Agency shall permit authorized Performing Agency personnel, during normal working hours, to conduct site visits and review such records as needed to ascertain compliance with the terms of this contract. I Voided Records. To ensure compliance with Texas Administrative Code 181.24 Abused, Misused, or Flagged Records, Performing Agency is asking all Local office staff to be prudent in reviewing and checking record information on the computer screen prior to printing. The State Vital Statistics Unit does not honor nor encourage what some may consider "courtesy or free copies". All documents printed via the remote access system are considered legal and viable documents. Every time a specific record is printed, it is counted. Once a record has been printed 10 times, it can no longer be issued without authorization from the State Vital Statistics Unit Office. Records printed by accident should be reported to the Security Manager to reset the lifetime count. The State Vital Statistics Unit is not responsible for: printers not being turned on, printing to wrong printer, printers not working properly, the accidental printing of a wrong record. In order to reset the lifetime count of a customer, Receiving Agency must notify Performing Agency Security Manager in writing to clear voided records from the remote access system's customer lifetime counts and the original voided certificate must be sent into the State Vital Statistics Unit Office. K. Credits. Performing Agency will handle credit requests on a case-by-case basis. Credits may be considered in those cases of emergency situations, i.e., equipment and systems failures or inclement weather. Receiving Agency shall submit these requests in writing along with pertinent documentation to provide justification to the State Registrar and/or designee for approval. Performing Agency will provide written documentation to the Receiving Agency on the status of the approval of credit requests. 15. Entire Aereement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. Page - 5 DEPARTMENT OF STATE HEALTH SERVICES CITY OF CORPUS CHRISTI Ye By: Signature of Authorized Official Signature Date Date Bob Burnette, C.P.M., CTPM Printed Name and Title Director, Client Services Contracting Unit Address 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 City, State, Zip (512) 458-7470 Telephone Number Bob.Bumette@dshs.state.tx.us E-mail Address for Official Correspondence Page - 6 d AGENDA MEMORANDUM �oaPOwR,k� First Reading Ordinance for the City Council Meeting of October 22, 2013 2852 Second Reading Ordinance for the City Council Meeting of October 29, 2013 DATE: September 12, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds(aD-cctexas.com 886-2603 Accepting and appropriating the Violence Against Women (VAWA) grant within the Police Department for Year 14 CAPTION: Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $43,823.74 for Year 14 of the Violence Against Women (VAWA) Program within the Police Department with a City match of$16,573.28 and an in-kind match of $8,928 from the No. 1020 Police General Fund; appropriating the $43,823.74 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $16,573.28 from the No. 1020 Cash Contribution to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $69,325.02. PURPOSE: Year 14 funding is available from the State of Texas, Criminal Justice Division, which provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salary/ benefits for two Victim Case Managers, equipment, supplies, training, and mileage. The case managers provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case managers also work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. The State provides for the salary/benefits of two Victim Case Managers, equipment, supplies, training, and mileage. Volunteer hours contribute $8,928 as an in-kind contribution, and the City contributes $16,573.28 for training, travel, supplies and miscellaneous equipment as the required 20% match. The funding is not on a declining percentage or ending funding cycle. This grant period is 9/1/2013 — 8/31/2014. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $16,573.28 $16,573.28 BALANCE $16,573.28 $16,573.28 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends acceptance of the grant application and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $43,823.74 for Year 14 of the Violence Against Women (VAWA) Program within the Police Department with a City match of $16,573.28 and an in-kind match of$8,928 from the No. 1020 Police General Fund; appropriating the $43,823.74 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $16,573.28 from the No. 1020 Cash Contribution to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $69,325.02. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $43,823.74 to continue the Violence Against Women Formula Grant (VAWA) grant within the Police Department for Year 14 with a City match of $16,573.28 and an in-kind match of $8,928 from the No. 1020 Police General Fund. SECTION 2. That $43,823.74 grant is appropriated in the No. 1061 Police Grants Fund to continue the VAWA grant in the Police Department. SECTION 3. The transfer of$16,573.28 from the No. 1020 Cash Contribution to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $69,325.02. 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 E OF 5 i Al X, x � � S t a t e o f T e x a s O f f i c e o f t h e G o v e r n o r Criminal Justice Division Rick Perry Governor October 07,2013 Ms.Susan Thorpe Assistant City Manager PREVIEW-Corpus Christi,City of-PREVIEW- 321 John Sartain,P.O.Box 9016 Corpus Christi,Texas 78401-2511 Dear Ms. Thorpe: Congratulations on your award! To activate your agency's grant,the Authorized Official must log on to eGrants at htty s://eGrants.governor.state.tx.us and go to the`My Home'tab.In the`Project Status'column,locate the application that is in`Pending Acceptance of Award' status.Click on the grant number and proceed to the `Accept Award'tab.From this tab,click on the`Accept'button.Grants must be accepted within 45 calendar days of the date the award was issued. Be sure to review the attached memo for a quick overview of general items every grantee should be aware of You can also find more detailed information on the eGrants website including helpful resources,links,and tools needed to properly administer CJD grants. The Guide to Grants,also on the website,contains answers to questions frequently asked by grantees. The Public Policy Research Institute(PPRI)at Texas A&M University will send a detailed information packet to the Project Director containing progress reporting forms and instructions on completing and submitting those forms. If you have any questions regarding this award,feel free to contact your grant manager,whose name is referenced in the attached Statement of Grant Award or you may always contact our office via the eGrants Help Desk at eGrants(a governor.state.tx.us. We look forward to working with you to ensure the success of your program. Christopher Burnett Executive Director Post Office Box 12428 Austin, Texas 78711 (512) 463-1919 (Voice)/(512)475-2440(FAX)/Dial 7-1-1 For Relay Services Ap p &I CE D: /+ Sk`Jr,! �I l u'.%IIC IIII AA E Pi,l.1.. 0 F �°11,1iu.1 hil 1.. u11'.%1 uu'.%FR Cil Grant Number: WF-13-V30-15171-15 CFDA or State ID: 16.588 Program Fund: WF-Violence Against Women Formula Grants Grantee Name: PREVIEW-Corpus Christi,City of-PREVIEW- Project Title: Victim Assistance Program Grant Period: 09/01/2013-08/31/2014 Liquidation Date: 11/29/2014 Date Awarded: October 07,2013 CJD Grant Manager: Reilly Webb CJD Award Amount: $43,823.74 Grantee Cash Match: $16,573.28 Grantee In Kind Match: $8,928.00 Total Project Cost: $69,325.02 The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s),if any,cited below: Condition(s)of Funding and Other Fund-Specific Requirement(s): I System of Award Management (SAM): Registration with SAM is required by all OOG applicants. Applicants are required to maintain current registrations in the System for Award Management (SAM) database. The SAM database is the repository for standard information about federal financial assistance applicants, recipients, and subrecipients. Applicants must update or renew their SAM registration at least once per year to maintain an active status.Information about registration procedures can be accessed at http://www.sam.gov/. E OF 5 i Al X, x � � S t a t e o f T e x a s O f f i c e o f t h e G o v e r n o r Criminal Justice Division Rick Perry Governor Memorandum To: CJD Grant Recipients From: Aimee Snoddy,Deputy Director Contact: (512)463-1919 Re: Grantee Responsibilities Date Awarded: October 07,2013 Congratulations on your grant award from Governor Rick Perry's Criminal Justice Division(CJD). It is important to make you aware of a few things to consider as you implement strategies to successfully manage your program. For more information and resources,refer to the Grant Resources section of eGrants available online at httys:HeGrants.governor.state.tx.us. Financial Reporting—Financial Status Reports must be submitted to CJD via eGrants. Financial Status Reports may be submitted monthly but must be submitted at least quarterly. Financial Status Reports are due after each calendar quarter,regardless of when the grant was awarded. Due dates are: April 22(January-March quarter) July 22(April-June quarter) October 22(July-September quarter) January 22(October-December quarter) The final Financial Status Report must be submitted to CJD on or before the grant liquidation date or funds will lapse and CJD will provide them as grants to others who need the funding. Payment Authorization—Payments will be generated based on expenditures reported in the Financial Status Reports. Upon CJD approval of the Financial Status Report,a payment will be issued through direct deposit or electronic transfer. Generated Program Income—Any income generated as a direct result of the grant activities must be reported to CJD through the Financial Status Report and grant adjustment processes. Program income must be used to offset project costs unless prior approval is granted allowing a supplement to project costs.Program income must be expended prior to seeking payments from CJD and must be accounted and used for the purposes of the grant activities as awarded. Grant Funded Personnel—Staff whose salaries are supported by this award must be made aware that continued funding is contingent upon the availability of appropriated funds as well as the outcome of the annual application review conducted by CJD. Project Changes—Grantees may submit a request for grant adjustment via eGrants for any proposed budgetary or programmatic changes,including updating contact information for grant officials. Equipment—Equipment purchased with grant funds must be used for the purpose of the grant and as approved by CJD. An inventory report must be kept on file containing all equipment purchased with any grant funds during the grant period. This report must agree with the approved grant budget and the final Financial Status Report. Fidelity Bond—Each nonprofit corporation receiving funds from CJD must obtain and have on file a blanket fidelity bond that indemnifies CJD against the loss or theft of the entire amount of grant funds,including matching funds. The fidelity bond should cover at least the CJD grant period. Required Notifications—Grantees must immediately notify CJD in writing of any misappropriation of funds,fraud,theft,embezzlement,forgery,or any other serious irregularities indicating noncompliance with grant requirements. Grantees must notify the local prosecutor's office of any possible criminal violations. Grantees must immediately notify CJD in writing if a project or project personnel become involved in any litigation,whether civil or criminal,and the grantee must immediately forward a copy of any demand notices,subpoenas,lawsuits,or indictments to CJD. If a federal or state court or administrative agency renders a judgment or order finding discrimination by a grantee based on race,color,national origin,sex,age,or handicap,the grantee agrees to immediately forward a copy of the judgment or order to CJD. Project Effectiveness—Grantees should regularly evaluate the effectiveness of their projects. This includes a reassessment of project activities and services to determine whether they continue to be effective. Grantees must show that their activities and services effectively address and achieve the project's stated purpose. Programmatic Reporting—Grantees must submit required reports regarding grant information, performance,and progress towards goals and objectives in accordance with the instructions provided by CJD,or its designee. To remain eligible for funding,the grantee must be able to show the scope of services provided and the impact and quality of those services. Monitoring—Grantees must readily make available to the Governor's Office or its agents all requested records. The Governor's Office may make unannounced monitoring visits at any time. The grantee must make every effort to resolve all issues,findings,or actions identified within the time frame specified by the Governor's Office. Audit Requirements—Grantees expending over$500,000 in state or federal grant funds during the fiscal year are subject to the Single Audit requirements set forth in OMB Circular No.A 133 at http://www.whitehouse.gov/omb/circulars/index.html and the State Single Audit Circular issued under the Uniform Grant Management Standards(UGMS) at http://www.governor.state.tx.us/grants/what/. Grantees must electronically submit to the Governor's Office copies of the results of any single audit conducted in accordance with OMB Circular No.A-133 at http://www.whitehouse.gov/omb/circulars/index.html or in accordance with the State Single Audit Circular issued under UGMS,within 30 calendar days after the grantee receives the audit results or nine months after the end of the audit period,whichever is earlier. Supplanting—Awarded funds must be used to supplement existing funds for program activities and not replace(supplant)funds that have been appropriated for the same purpose. Grant monitors and auditors will look for potential supplanting during reviews.Violations may result in a range of penalties,including suspension of future funds,suspension or debarment from receiving federal or state grants,recoupment of monies provided under the grant,and civil or criminal penalties. Refer to the Guide to Grants at https://eGrants.governor.state.tx.us/updates.aspx for additional information on supplanting. Conflict of Interest—Grantees should have in place established safeguards to prohibit employees from using their positions for a purpose that is,or gives the appearance of being motivated by a desire for private gain for themselves or others,particularly those with whom they have family,business,or other ties. Contracting and Procurement—Grantees must follow their established policy and best practices for procuring goods or services with grant funds.Contracts must be routinely monitored for delivery of services or goods.When contractual or equipment procurement is anticipated to be in excess of$100,000,grantees must submit a Procurement Questionnaire https://eGrants.governor.state.tx.us/updates.aspx to CJD for approval prior to procurement. Travel— Grantees must follow their established policies and good fiscal stewardship related to travel expenses. If the grantee does not have established policies regarding in-state and out-of-state travel,grantee must use the travel guidelines established for state employees. Uniform Crime Reporting—Local units of governments receiving funds from CJD must comply with all requirements for uniform crime reporting and must ensure that prompt reporting will remain current throughout the grant period. Criminal History Reporting-Entities receiving funds from CJD must comply with all requirements outlined in the Texas Code of Criminal Procedure,Ch.60,related to maintaining and reporting criminal history records. Limited English Proficiency—Grantees must take reasonable steps to ensure that persons with limited English proficiency have meaningful access to services.Meaningful access may entail providing language assistance services,including oral and written translation when necessary.Additional information on this requirement can be found at http://www.Iep.gov. Law Enforcement Programs—Law enforcement programs receiving funds from CJD must be in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. 28 C.F.R.Part 23 Training-Any grant funded individual responsible for entering information into or retrieving information from an intelligence database must complete continuing education training on operating principles described by 28 C.F.R.Part 23 at least once for each continuous two-year period the person has primary responsibility for entering data into or retrieving data from an intelligence database. Programs Approved to Pay Overtime for Personnel-Overtime is allowable to the extent that it is included in the CJD approved budget,the grantee agency has an overtime policy approved by its governing body,and both grant-paid and non-grant paid personnel are treated the same with regards to the application of overtime policy(ies).In addition,in no case is dual compensation allowable. That is,an employee of a grantee agency may not receive compensation for hours worked(including paid leave)from his/her agency AND from an award for a single period of time,even though such work may benefit both activities.Overtime payments issued outside of these guidelines are the responsibility of the grantee agency. Cancellation for Awards-Grantees must take reasonable steps to commence project activities upon receiving notice of a grant award: Commencement Within 60 Days.If a project is not operational within 60 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later,the grantee must report by letter to CJD the steps taken to initiate the project,the reasons for delay,and the expected revised start date. Commencement Within 90 Days.If a project is not operational within 90 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later,the grantee must submit a second statement to CJD explaining the implementation delay.Upon receipt of the 90-day letter,CJD may cancel the project and redistribute the funds to other project areas.CJD may also,where extenuating circumstances warrant,extend the implementation date of the project past the 90-day period. Public Information Requests-Grantees must immediately notify and provide a copy to CJD of any Public Information Request received by the agency related to this grant award. Prohibited Acts of Agencies and Individuals-Grant funds may not be used in connection with the following acts by agencies or individuals employed by grant funds: • Grant funds may not be used to finance or otherwise support the candidacy of a person for an elected local,state,or federal office. This prohibition extends to the direct or indirect employment of a person to perform an action described by this subsection.In addition,grant-funded or grant-leased motor vehicles may not be used for the purpose described above. • Grant officials or grant funded employees may not use official authority or influence or permit the use of a program administered by the grantee agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. • Grant funded employees may not coerce,attempt to coerce,command,restrict, attempt to restrict,or prevent the payment,loan,or contribution of anything of value to a person or political organization for a political purpose. • Grantees must comply with the federal Hatch Act(5 U.S.C. §§ 1501- 1508)which restricts the political activity of some state and local employees who work in connection with federally funded programs. Covered state and local employees may not: 1)be candidates for public office in a partisan election;2)use official authority or influence to interfere with or affect the results of an election or nomination;or,3)directly or indirectly coerce contributions from subordinates in support of a political party or candidate. Employment of a Lobbyist-Grant funds may not be used to employ,as a regular full-time or part-time or contract employee,a person who is required by Chapter 305 of the Government Code to register as a lobbyist.Furthermore,grant funds may not be used to pay,on behalf of the agency or an officer or employee of the agency,membership dues to an organization that pays part or all of the salary of a person who is required by Chapter 305 of the Government Code to register as a lobbyist. Legislative Lobbying-Grant funds may not be used to attempt to influence the passage or defeat of a legislative measure. Use of Alcoholic Beverages-Grant funds may not be used to compensate an officer or employee who uses alcoholic beverages on active duty. In addition,grant funds may not be used to purchase an alcoholic beverage or to pay or reimburse a travel expense that was incurred for an alcoholic beverage. G7� AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 22, 2013 ° Second Reading Ordinance for the City Council Meeting of October 29, 2013 �oewawak 1852 DATE: October 4, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(aD-cctexas.com 886-2604 Approval to accept a grant from the U.S. Department of Homeland Security FEMA for the FY 2013 Port Security Grant Program and appropriating funds CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $66,191 from the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2013 Port Security Grant Program to purchase law enforcement equipment for the Police Department, with a City match of $22,064 for a total project cost of $88,255; and appropriating the $66,191 in the No. 1061 Police Grants Fund. PURPOSE: City must accept and appropriate the funds. BACKGROUND AND FINDINGS: The PSGP grant provides funding to local law enforcement in a coordinated effort to strengthen homeland security preparedness, including the security of the country's critical infrastructure. A 25% cash match is required which is available from the Law Enforcement Trust Fund. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 22,064 22,064 BALANCE 22,064 22,064 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds.. LIST OF SUPPORTING DOCUMENTS: Award document Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $66,191 from the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2013 Port Security Grant Program to purchase law enforcement equipment for the Police Department, with a City match of$22,064 for a total project cost of $88,255; and appropriating the $66,191 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $66,191 from the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2013 Port Security Grant Program to purchase law enforcement equipment for the Police Department, with a City match of $22,064 for a total project cost of $88,255. SECTION 2. That $66,191 is appropriated in the No 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2013 Port Security Grant Program to purchase law enforcement equipment for the police department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 WOW Floyd Simpson Corpus Christi, City of P. O. Box 9277 1201 Leopard Corpus Christi, TX 78469 Re: Grant No. EMW-2013-PU-00134 Dear Floyd Simpson: Congratulations, on behalf of the Department of Homeland Security. Your grant application submitted under the FY 2013 Port Security Grant Program has been approved. The approved project costs amount to $88,255.00 . As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your Grant award. Maintain a copy of these documents for your official file. Before you request and receive any of the Federal Grant funds awarded to you, you must establish acceptance of the Grant and Grant Agreement Articles. In order to establish acceptance of the Grant and Grant Agreement Articles, please follow these instructions: Step 1: Please go on-line to the ND Grants system at https:Hportal.fema.gov. After logging in, you will see a subtitle Grants Management. Under this subtitle, you will see a link that says Award Package(s). Click this link to access your award packages. Click the Review Award Package link to review and accept the award package for your award. Please print your award package for your records. Step 2: Please fill out and have your bank complete and sign the SF1199A, Direct Deposit Sign-up Form. The SF1199A should be sent directly from your financial institution to the FEMA Finance Center, via fax or mail to the Vendor Maintenance Office (see address below). The 1199A form will not be accepted unless it is received directly from the financial institution. Please pay careful attention to the instructions on the form. FEMA Finance Center Attn: Vendor Payments P.O. Box 9001 Winchester, VA 22604 Fax Number: (540) 504-1857 System for Award Management(SAM): Please ensure that your organization's name, address, DUNS number and EIN are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all FEMA awards at http:// www.sam.gov. Future payments will be contingent on the information provided in SAM; therefore it is imperative that the information is correct. If you have any questions or concerns regarding the process to request your grant funds, please call 1-866-927-5646. o „ • BRIAN KAMOIE, GPD Assistant Administrator - 1 - Agreement Articles 2013-09-01 00:00:00.0 U.S. Department of Homeland Security Washington, D.C. 20472 WOW AGREEMENT ARTICLES Port Security Grant Program GRANTEE: Corpus Christi, City of PROGRAM: Port Security Grant Program AGREEMENT NUMBER: EMW-2013-PU-00134-S01 TABLE OF CONTENTS Article I Summary Description of Project Article 11 Assurances, Administrative Requirements and Cost Principles Article III Acknowledgement of Federal Funding from DHS Article IV Activities Conducted Abroad Article V Best Practices for Collection and Use of Personally Identifiable Information (PII) Article VI Copyright Article VII Debarment and Suspension Article VIII Drug-Free Workplace Regulations Article IX Duplication of Benefits Article X False Claims Act and Program Fraud Civil Remedies Article XI Federal Debt Status Article XI I Fly America Act of 1974 Article XIII Hotel and Motel Fire Safety Act of 1990 Article XIV Lobbying Prohibitions Article XV Non-supplanting Requirement Article XVI Trafficking Victims Protection Act of 2000 - 2 - Article XVII USA Patriot Act of 2001 Article XVIII Use of DHS Seal, Logo and Flags Article XIX DHS Specific Acknowledgements and Assurances Article XX Compliance with Funding Opportunity Announcement Article XXI Acceptance of Post Award Changes Article I -Summary Description of Project Project 1: Maritime Security and Response Marine Equipment is approved for funding in the amount of$66,191 Article II -Assurances,Administrative Requirements and Cost Principles a. Recipients of DHS federal financial assistance must complete OMB Standard Form 424B Assurances—Non-Construction Programs. Certain assurances in this form may not be applicable to your project or program, and the awarding agency may require applicants to certify to additional assurances. Please contact the program awarding office if you have any questions. The administrative requirements that apply to DHS award recipients originate from two sources: • Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A-102 Common Rule"). These A-102 requirements are also located within DHS regulations at Title 44, Code of Federal Regulations (CFR) Part 13. • OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations, relocated to 2 CFR Part 215. b. The cost principles that apply to DHS award recipients through a grant or cooperative agreement originate from one of the following sources: • OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220. • OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225. • OMB Circular A-122, Cost Principles for Non-Profit Organizations, relocated to 2 CFR Part 230. The audit requirements for State, Local and Tribal recipients of DHS awards originate from: • OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. Article III -Acknowledgement of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article IV-Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article V -Best Practices for Collection and Use of Personally Identifiable Information (PII) All award recipients who collect PII are required to have a publically-available privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: http://www.dhs.gov/xlibrary/assets/privacyprivacy pia guidanceJune2010.pdf - 3 - and http://www.dhs.gov/xlibrary/assets/privacyprivacy pia_template.pdf, respectively. Article VI -Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). Article VII -Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Article VIII - Drug-Free Workplace Regulations All recipients must comply with the Drug-Free Workplace Act of 1988 (412 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. These regulations are codified at 2 CFR 3001. Article IX- Duplication of Benefits State, Local and Tribal Recipients must comply with 2 CFR Part §225, Appendix A, paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. Article X -False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. Article XI - Federal Debt Status All recipients are required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424, item number 17 for additional information and guidance. Article XII -Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision 8138942. Article XIII - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a), all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225. Article XIV-Lobbying Prohibitions All recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Article XV- Non-supplanting Requirement - 4 - All recipients must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. Applicants or award recipients may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. Article XVI -Trafficking Victims Protection Act of 2000 All recipients of financial assistance will comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a subrecipient— (a) Engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) Procures a commercial sex act during the period of time that the award is in effect; or (c) Uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. Article XVII -USA Patriot Act of 2001 All recipients must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. Article XVIII - Use of DHS Seal, Logo and Flags All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XIX-DHS Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree—and require any sub-recipients, contractors, successors, transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient - 5 - settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. Article XX-Compliance with Funding Opportunity Announcement The recipient agrees that all allocations and use of funds under this grant will be in accordance with the Funding Opportunity Announcement. Article XXI -Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMDa_dhs.gov if you have any questions. - 6 - Obligating Document for Award/Amendment 1a.AGREEMENT NO. 2. 3. RECIPIENT NO. 4. TYPE OF 5. CONTROL NO. EMW-2013-PU-00134-S01 AMEN DMENT746000574B ACTION W503830N NO. AWARD 6.RECIPIENT NAME AND 7. ISSUING FEMA OFFICE AND 8.PAYMENT OFFICE AND ADDRESS ADDRESS ADDRESS Financial Services Branch Corpus Christi, City of Grant Operations 500 C Street, S.W.,Room 723 P. O.Box 9277 245 Murray Lane-Building 410, SW Washington DC,20472 1201 Leopard Washington DC,20528-7000 Corpus Christi,TX,78469 POC: 866-927-5646 9.NAME OF RECIPIENT PHONE NO. 10.NAME OF FEMA PROJECT COORDINATOR PROJECT OFFICER (361)886-2696 Central Scheduling and Information Desk Pat Eldridge Phone: 800-368-6498 Email: Askcsid @dhs.gov 11.EFFECTIVE DATE OF 12. 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement From: To: 09/01/2013 OF 09/01/2013 08/31/2015 PAYMENT Budget Period PARS 09/01/2013 08/31/2015 15.DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON- NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL COMMITMENT ACRONYM XXXX_XXX-XXXXXX- AWARD THIS AWARD XXXOOX-XXXX-XXXX-X ACTION +OR(-) Port Security 97.056 2013-SL-B411-P400--4101- $0.00 $66,191.00 $66,191.00 $22,064.00 Grant D:W503830N$66,191.00 Program TOTALS $0.00 $66,191.00 $66,191.00 $22,064.00 b. To describe changes other than funding data or financial changes,attach schedule and check here. N/A 16 a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3) COPIES OF THIS DOCUMENT TO FEMA(See Block 7 for address) Port Security Grant Program recipients are not required to sign and return copies of this document.However,recipients should print and keep a copy of this document for their records. 16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE Floyd Simpson,Chief of Police 09/27/2013 18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE 09/09/2013 ANDREA GORDON,Assistance Officer Aid kllv' - 7 - o _`fir AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of Oct. 22, 2013 1852 Second Reading Ordinance for the City Council Meeting of Oct. 29, 2013 DATE: October 11, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3932 Adjustment increase of$15,457.00 to the 2012 State Homeland Security Grant Program (SHSP) which increasing the total from $45,221.80 to $60,678.80. CAPTION: Ordinance authorizing the Mayor or designee to execute all documents necessary to accept a grant adjustment from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) to increase the amount from $45,221.80 to $60,678.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $15,457.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. PURPOSE: These grant funds are used to provide emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man-made, natural disaster, and acts of terrorism. BACKGROUND AND FINDINGS: The Texas Department of Public Safety, Texas Homeland Security State Administrative Agency has informed the City of Corpus Christi that our jurisdiction has been awarded an increase to the State Homeland Security Program grant in the amount of $15,457. This increases the total from $45,211.80 to $60,678.80. Since 2004 the U. S. Department of Home Security has annually issued grants to the State of Texas who in turn awards the grants to municipalities through its Homeland Security Program. ALTERNATIVES: If we do not accept the grant award, we will have limited emergency response and security capabilities. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council approval of Ordinance is needed to accept and appropriated grant award. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: X Operating c:::i Revenue c:::i Capital c:::i Not applicable .......................................................................................................................................................................................................................................................................................................................... ..................................._.._.......................................... Project to Date Fiscal Year: 2013- Expenditures 2014 CIP onl Current Year Future Years TOTALS Line Item Bud et $45,221.80 $45,221.80 Encumbered / .......EXle.n.d.e.d.....A.m�.u.n.t..........................._._....................................................................................................................................................................................................._............... 0 0 .. This item $1 ....._....�............. .. BALANCE $60,678.80 $60,678.80 j Fund(s): Fund 1062 Fire Grants Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the increase adjustment of$15,457.00 to the 2012 State Homeland Security Grant Program (SHSP), increasing the total from $45,221.80 to $60,678.80. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Adjustment Notice Ordinance Authorizing the Mayor or designee to execute all documents necessary to accept a grant adjustment from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) to increase the amount from $45,221.80 to $60,678.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $15,457.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities Be it Ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Mayor or designee is authorized to execute all documents necessary to accept a grant adjustment from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) increase the amount from $45,221.80 to $60,678.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP). Section 2. That $15,457.00 is appropriated from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. T at the foregoing ofdhance was-red for t-he 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 Melanie Cooper WxasDPA:coa Sent: Tuesday, September 24, 2013 11:32 AM To: Melanie Cooper Cc: john @cbcog98.org; arturo.mendez @dps.texas.gov Subject: Grant Adjustment Notice has been RELEASED for City of Corpus Christi Attachments: GAN_12-GA_17000-03.pdf;2012 Terms and Conditions FINAL.pdf A Grant Adjustment Notice(GAN)has been RELEASED by the SAA or Region for City of Corpus Christi - 2012: Subgrantee: City of or s Christi GAN Type: 2012 Grant Adjustment GAN Date: 23-Sep-13 Due Date: 04-Nov-13 u�ii' illl KK Original Amount: $45,2211111.80 New Amount: $60,678.80 Delta: u11� u ' h � IH uu1 1 �uuul �Illul 1111J 00 i u Iul� uA1 u1u1 Corpus Christi EOC Video Screens 2012 SHSP $0.00 $15,457.00 $15,457.00 Reason for Funds added GAN: Reason Reallocation of 2012 funds. Comment: Attached is a copy of the required GAN paper work. Please print a copy; then have the appropriate individual sign N designated and return the signed copy to the return address on the GAN. (Retain a copy of the signed document for 1 records.) r If you have any questions concerning this e-mail please contact the SAA. NOTE: The GAN process is not complete until the SAA receives a signed copy of this GAN. All activities on this frozen until the GAN is completely processed. Please attend to this matter as soon as possible. Texas Domestic Preparedness Assessment 1 AGENDA MEMORANDUM First Reading for the City Council Meeting of October 22, 2013 Second Reading for the City Council Meeting of October 29, 2013 DATE: 9/30/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department MichaelMo(a)-cctexas.com, 361-826-3494 Senior Companion Program (SCP) grant award for FY13-14 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $264,007 grant awarded by the Corporation for National and Community Service; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant Fund. PURPOSE: Appropriation of grant funding to allow for the continuation of the Senior Companion Program (SCP) BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Companion Program through Federal and State and local grants and matching funds that must be appropriated each year. This award is year one of a three year contract with the corporation for National and Community Service in the amount of$264,007. The Senior Companion Program (SCP) assists low-income volunteers 55 years and over who are willing to serve as companions to homebound elderly and/or disabled persons 21 years of age or older. ALTERNATIVES: Reject the grant award and discontinue the Senior Companion Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense/ Revenue Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $ 76,903 $ 76,903 Encumbered / Expended Amount This item 1 $ 264,007 1 1 $264,007 BALANCE J $ 340,910 1 J $340,910 Fund(s): Match in General Fund 1020. Parks and Recreation Grant Fund 1067. Comments: Federal grant for FY13. RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and community Services for the continuation of the Senior Companion Program. LIST OF SUPPORTING DOCUMENTS: Ordinance, Notification of Funds Available Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $264,007 grant awarded by the Corporation for National and Community Service; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant Fund. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a $264,007 grant awarded by the Corporation for National and Community Service; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant Fund. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. 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 For Official Use Only Notice of Grant Award Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Senior Companion Program Grantee City of Corpus Christi EIN: 746000574 I201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 Award Information Agreement No.: 13SCWTX00t Project Period: 07/01/2013-06/30/2016 Amendment No.: 0 Budget Period: 07101"201 3-0613 012014 CFDA No.: 94.016 Grant Year. I Award Description This award includes a 4%reduction from the FY 2012 funding levels based on FY 2013 appropriations.The total amount reduced from your 2012 level is S 11,000, The new Base Line Funding level to carry out program activities in the FY 2013 -20I4 budget year is$264,007. Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973,as amended(42 U.S.C.,Chapter 22). Funding Information Previously This Award/ Total Current Year 1 Awarded Amendment Year This Year Total Obfigatcd by CNCS s0 $264,007 $264,007 Grantee's Uuobligated so s0 s0 Balanec(Carryover) Total Available so $264,007 $2(A,907 Cumulative Funding for Project Period Total Awarded in Previous Amendments $0 Total CNCS Funds Awarded to Date $264,007 Funding Source and Amount 2013--OPE 1-P77-OPO-22413-0101 5264,007.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 4119/13. Grantee shall prepare a Project Progress Report(CNCS-I 020 for Senior Corps)semiannually at the end of the 2nd and 4th quarters of the budget period.The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated reporting period, The grantee shall be entitled to reimbursement for costs incurred on or after July 1,2013 which if incurred before the signature date of this award,would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under(his grant,the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's websile at Page l For Official Use Only For Olfictal t,tse Only Notice of Grant Award 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Senior Companion Program Grantee City of Corpus Christi PIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi"TX 78401-2120 hilps://egrants.cns.gov/lermsandcondilions/};GPSCPTandC,,,,Revised-20121001.pdf.all assurances and certifications made in the Grant application,and all applicable federal statutes,regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Grant application and budgel(s),supporting documents,and other representations made in support of the approved Grant application. Corporation for National and Community Service: 06;M1013 1�fwfjofo* Lcnnctic B.White,215-964-6309 Grants Official Signature Date Katy Dooley,512-9167004 Lennette B.White Program Official Name(typed) Senior Grants Officer Title Page 2 For Ofnelal Use Only AGENDA MEMORANDUM First Reading for the City Council Meeting of October 22, 2013 Second Reading for the City Council Meeting of October 29, 2013 DATE: 9/30/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department MichaelMo(a)-cctexas.com, 361-826-3494 $10,000 Grant for Senior Companion Program (SCP) CAPTION: Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of $10,000 from Mirador — to be used for stipends, mileage, meals and recognition of volunteers of the Corpus Christi Senior Companion Program. PURPOSE: Appropriation of grant funding to allow for the continuation of the Senior Companion Program (SCP) BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Companion Program through Federal and State and local grants and matching funds that must be appropriated each year. This award is a one-time grant in the amount of $10,000. The Senior Companion Program (SCP) assists low-income volunteers 55 years and over who are willing to serve as companions to homebound elderly and/or disabled persons 21 years of age or older. ALTERNATIVES: Reject the grant award and discontinue the Senior Companion Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate local grant funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense/ Revenue Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 J $ 10,000 1 J $ 10,000 BALANCE J $ 10,000 J $ 10,000 Fund(s): Parks and Recreation Grant Fund Comments: Local grant for FY13. RECOMMENDATION: Staff recommends acceptance of the grant from the Mirador Retirement Community for the continuation of the Senior Companion Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Funds Available Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of $10,000 from Mirador — to be used for stipends, mileage, meals and recognition of volunteers of the Corpus Christi Senior Companion Program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate a grant in the amount of ten thousand dollars ($10,000.00) from Mirador—for stipends, mileage, meals and recognition of volunteers of the Corpus Christi Senior Companion Program. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 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 votes: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Aaron DeNovellis irador 5758 Timbergate Dr. Corpus Christi,TX 78418 April 22,2013 Mrs. Debbie Crites Senior Companion Program Director City of orps Christi E ail: 4L eer ecte as.co 361/826-3154 Fax: 3,61/826-301 $10,000 Grant Dear Mrs. rites: irador was honored to award 10,000 to the Corpus Christi Senior Companion Program. The funds will be used for the general budget which includes stipends,mileage, meals & volunteer recognition, Regards, Aaron DeNovellis Executive Director 5857 °TI fiERGArE: DRIVE CORPUS CHRISTI, TX 78414 PHONE: (361) 994,0905 : wwt+,MiraadurRetirement.com t' AGENDA MEMORANDUM First Reading for the City Council Meeting of October 22, 2013 Second Reading for the City Council Meeting of October 29, 2013 DATE: 9/30/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361-826-3494, MichaelMo(a)-cctexas.com Retired Senior Volunteers Program (RSVP) grant award for FY13-14 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $46,934 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $46,934 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant Fund. PURPOSE: Appropriation of grant funding to allow for continuation of the Retired Senior Volunteers Program (RSVP). BACKGROUND AND FINDINGS: The City receives grant funding for the Retired Senior Volunteer Program (RSVP) through Federal and State and local grants and matching funds that must be appropriated each year. This award is year three of a three year contract with the corporation for National and Community Service in the amount of$46,934. The City of Corpus Christi provides $79,173 in matching funds for the continuation of the RSVP in Fiscal Year 2014. The RSVP program Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During a previous grant period (7/1/2012-6/30/2013) and fiscal year 2012-2013, 417 enrolled volunteers contributed 46,963 hours through 40+ different non-profit organizations like the, The Women's Shelter, Corpus Christi Food Bank, Deaf & Hard of Hearing Center, KEDT TV, Corpus Christi Metro Ministries, and other community based organizations like Mission of Mercy, Corpus Christi Medical Center, USS Lexington, and AARP Chapters, to name a few. ALTERNATIVES: Reject the grant award and discontinue the RSVP Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense/ Revenue Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $79,173 $79,173 Encumbered / Expended Amount This item $46,934 $ 46,934 BALANCE $126,107 $126,107 Fund(s): Parks and Recreation Grant Fund Comments: General Fund match budgeted in FY14. RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and community Services for the continuation of the Retired Senior Volunteer Program. LIST OF SUPPORTING DOCUMENTS: Ordinance, Notification of Funds Available Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $46,934 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $46,934 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant Fund. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a $46,934 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program and appropriate the $46,934 grant in the No. 1067 Parks and Recreation Grants Fund. SECTION 2. The City Manager or designee is authorized to transfer $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant Fund. 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 For Official Use Only Notice of Grant Award Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia,PA 19106-3323 Retired and Senior Vofunteer Program Grantee City of Corpus Christi EIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2I20 Award Information Agreement No.: 11SRWTX017 Project Period: 04/01/20I1-06/30/2014 Amendment No.: 3 Budget Period: 07/01/2013-06/30/2014 CFDA No.: 94,002 Grant Year 3 Award Description Authorize FY2013 funding. This award includes a one-time augmentation of$1,500.00 to support training and technical assistance activities. Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973,as amended(42 U.S.C.,Chapter 22). Funding Information Previously This Awardl Total Current Year 3 Awarded Arnandawnt Year This Year Total Obligated by CNCS so $46,934 546,934 Grantee's Unobtigated $o........... .........$®............. .................... . ..so.. Balance(Carryover) Total Available 5o $46,934 $46,934 Cumulative Funding for Project Period Total Awarded in Previous Amendments $102,227 Total CNCS Funds Awarded to bate $149,161 Funding Urc and f1t ......... .. ...... .... . .. .. ..... ....................... 20 l 3— E 1- 74-OO-22413-4 101 S46,934.00 Special Conditions . ... Costs allowed under this grant are Ifirnited to those categories contained in signed application package dated 4/22/13. Grantee shall prepare a Project Progress Report(CNCS-1020 for Senior Corps)annually at the end of the 4th quarter of the budget period.The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated orting period. The grantee shall be entitled to reimbursement for costs incurred on or after July 1,2013 which if incurred before the signature to of this award,would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant,the Grantee agrees to comply with terms and conditions of Page l For Olfieial Use Only For Ot[iclal Use Only Notice of Grant Award 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Retired and Senior Volunteer Program Grantee City of Corpus Christi EIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 the grant that are an the Corporation's webslle at https://egrants.cns.gov/temisandcondidons/RSVPTandC_Revised2Ol2lOOl.pdf,all assurances and certifications made in the Grant application,and all applicable federal statutes,regulations and guidelines. The Grantee agrees to administer the ftmded Program In accordance with the approved Grant application and budget(s),supporting documents,and other representations made in support of the approved Grant application. Corporation for National and Community Service: 06/18/2013 IA r Lennette H.White,215-964-6309 Grants Official Signature......... Date Katy Dooley,512-916-7 Lennette B.White Program Official Name(typed) Senior Grants Officer Page 2 For Ofneial Use Only SC j2 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of October 22, 2013 Second Reading Item for the City Council Meeting of October 29, 2013 DATE: 9/30/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mo(a)cctexas.com 361-826-3460 Memorial Bench and Tree Program CAPTION: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36 regarding memorial tree and park bench program; providing for severance; and providing for publication. PURPOSE: This ordinance will establish a formal memorial bench and tree program to be administered by the Corpus Christi Parks and Recreation Department. The guidelines for this program were developed based on research on the best practices of similar agencies nationwide, the needs and resource capabilities of the Parks and Recreation Department and the desire of citizens to recognize loved ones through monetary contributions providing for specific lasting memorials. In order to allow for a consistent program for soliciting and recognizing contributions, the following programs have been established. BACKGROUND AND FINDINGS: Each year, the Parks and Recreation Department handles several requests to memorialize loved one or recognize significant events throughout the parks system. These requests typically involve a bench, tree or other piece of park equipment. This program was developed in effort to create a standard for memorials throughout the park system that meets development criteria listed in the Parks and Recreation Department's Strategic Master Plan. The proposed program offers individuals, families, and/or organizations two options for memorializing and/or celebrating loved ones or events by planting trees or installing park benches in designated places throughout the park system. Trees will be offered for $400 and benches will be offered for $650 or $1200 depending on what bench is selected. A plaque will be provided for each memorial. The location of each memorial will be approved by the Director. All trees will be planted and benches installed during the months of November through February. ALTERNATIVES: Do not approve the program CONFORMITY TO CITY POLICY: City Council is required to approve all fees charged by the Parks and Recreation Department. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Advisory Commission recommended approval FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 3,226.85 Encumbered / Expended Amount This item BALANCE 13,226.85 Fund(s): Community Enrichment Fund 4720; Plaques and Memorials Comments: The revenue generated through this program will be a pass through for expenses for trees, benches and plaques. We do not anticipate excess revenue for this program. RECOMMENDATION: Staff recommends the City Council approve the proposed program. LIST OF SUPPORTING DOCUMENTS: Ordinance, Attachment- Program brochure 1 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36 regarding memorial tree and park bench program; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 36 of the City of Corpus Christi Code of Ordinances, Parks, Recreation, Cultural and Leisure Time Activities, is amended by adding new section 36- 13 to read as follows: "Sec. 36-13. Memorial park bench program. "The following procedures and guidelines are established for the City's memorial tree and park bench program: "(1) Any person desiring to donate a memorial bench in a public park in honor, in memory, or in celebration of a person, organization or event shall file an application with the City Director of Parks and Recreation in writing and pay the fee of $650.00. "(2) Any person desiring to donate a memorial bench on Ocean Drive or Shoreline Drive in honor, in memory, or in celebration of a person, organization or event shall file an application with the City Director of Parks and Recreation in writing and pay the fee of $1200.00. "(3) Any person desiring to donate a tree to be planted in a public park in honor, in memory, or in celebration of a person, organization or event shall file an application with the City Director of Parks and Recreation in writing and pay the fee of $400.00. "(4) The application shall contain an accurate description of the desired park location at which the person wishes to place the bench and such other information as the City Director of Parks and Recreation may reasonably require. "(5) Upon receipt of the application, the City Director of Parks and Recreation shall review of proposed location. "(6) On determination that all those named in subsection (3) are in agreement with the requested location, the City Director of Parks and Recreation shall notify the applicant of the approval, and schedule the installation or planting date. "(7) The City shall be responsible for the selection, purchase, and installation of the memorial tree or bench. "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 2 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 3. The effective date of this Ordinance shall be date of final publication as required by the City Charter. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor I II {rr� IM�I r j If�ll ���� iu, li jl JII ��V qV r ! V�i n I, ru �: II �, Vf, r IiW yE', ai I(iYlrf i` kA rr VV r. y ��w Hro r � nlw ry fl' W nu .rl�s� Y iu y, W �/I,4!Yjf1 I �� 4gV'11 4�1 rr II . . {Ee, a � X X 'I ulXrr '�X� W m{ wry 40 {I, "S, Wry � u 2 4i ru N, w.. 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Q ;R 1 I up''"dui ur 4 pi iq� u �, 9 m� S, iii p m f 1117P 1 ' IM U 6 II u J �rI ,1112 y� " �� r ,,,,,, u ri,�; ,d "(� �i"� w � wV �I p J u arur i N,o J21, m m� n � . , w v, % �rar �n ir�° pow ff//y diu fi- aw � uim (r mi, 1V m� w„ l� V � � Sri` �" lf/ loin, w l�� Yl�Y ,,� � �° �i�� tll� ,, w� III qr. r a v i wu iil" m ,.�,� i� wr 'I I, r i n 4p, ` r e a rv..� cur : ., { �1 7 mw N( �tu Z µ.i it / u t l: r e'm p VIII w pr a I u y Vr ➢ m Wri m ,m a �l P.. , W ` np ca m,.. _. ... w„ az AM x v I� F. 13 u w 5 r� V LJ UIII-r r,m V- M w m , �ur D rn � ,1pi �51 E, o 1 // w ioy "J c w ���i µ ; pia �w wwy �! �i jryi ua m u IN i f ayi I w '� mV W. w;" jai m �w �(, Zoo i g i vri e a a i m ti u' i � �m � @ �~u� 1+M u l �wj � r ar �, w � i r pint r o >CH �i E., l i d AGENDA MEMORANDUM MaaP© a,EO First Reading City Council Meeting of October 22, 2013 s� Second Reading City Council Meeting of October 29, 2013 DATE: October 11, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Michael Morris, Director of Parks and Recreation MichaelMo @cctexas.com (361) 826-3464 Approval of Professional Monitoring Contract Packery Channel Monitoring 2013-2014 CAPTION: Ordinance approving and adopting an amendment to the Revised Project and Financing Plans for Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009, as recommended by the Island Strategic Action Committee, the Board of Directors North Padre Island Development Corporation, and the Reinvestment Zone #2 Board of Directors; approving and adopting the Reinvestment Zone Number Two, City of Corpus Christi FY 2013-2014 Budget as recommended by the Island Strategic Action Committee, the Board of Directors North Padre Island Development Corporation, and the Reinvestment Zone #2 Board of Directors; appropriating and transferring $510,000 from the Unreserved Fund Balance in Fund 1111 Reinvestment Zone#2 to and appropriating in the No. 3278 Packery Channel Projects TIF #2 fund for the approved Fiscal Year 2014 projects; Changing the FY 2014 Operating Budget adopted by Ordinance No. 029915 to increase expenditures by $510,000; and authorizing the City Manager, or his designee, to execute Amendment No. 8 to the contract between the City and Texas A & M University-Corpus Christi in the amount of $349,755 for a restated fee not to exceed $1,897,783 for Packery Channel Monitoring Fiscal Year 2013-2014. PURPOSE: The purpose of this Agenda Item is to approve and adopt an amendment to the Revised Project and Financing Plans for Reinvestment Zone Number Two and the Reinvestment Zone Number Two, City of Corpus Christi FY 2013-2014 Budget; appropriate and transfer funds to support the FY 2014 Packery Channel approved Capital Improvement Program budget; and authorize Texas A & M University — Corpus Christ to continue the monitoring of Packery Channel through Fiscal Year 2013- 2014. BACKGROUND AND FINDINGS: The Project and Financing Plans for Reinvestment Zone Number Two, City of Corpus Christi and Reinvestment Zone Number Two, City of Corpus Christi FY 2013-2014 Budget must be reviewed and approved by the Island Strategic Action Committee, Board of Directors of the North Padre Island Development Corporation, Reinvestment Zone #2 Board of Directors and City Council. These plans determine the direction, projects, and funding available through the Tax Increment Reinvestment Zone No. 2 property tax proceeds. After final approval and adoption of the plan, the funding for the current year is appropriated and transferred to the Packery Channel Capital Improvement Program (CIP) Fund so the City Council approved projects for the current fiscal year may be financed and completed. One of the projects included in the Fiscal Year 2014 Packery Channel CIP is the routine monitoring of the channel. Packery Channel monitoring began in 2003 by Texas A&M University-Corpus Christi (TAMUCC) Division of Nearshore Research (DNR). DNR's monitoring was conducted under sponsorship of the U.S. Army Corps of Engineers (USACE), Galveston District. USACE ceased monitoring efforts in 2007. The City assumed sponsorship of monitoring in 2008 and contracted with DNR to continue monitoring. The monitoring program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), elevation measurements across the Mollie Beattie Coastal Habitat Community, and measurement of current velocity in the inland channel segment. ALTERNATIVES: 1. Approve Amendment No. 8 to the contract with TAMU-CC as proposed. (Recommended) 2. Do not approve Amendment No. 8 to the contract with TAMU-CC as proposed. OTHER CONSIDERATIONS: This professional services contract was presented to the Island Strategic Action Committee (ISAC) on August 13, 2013, is part of the Reinvestment Zone Number Two, City of Corpus Christi FY 2013-2014 Budget, and was approved in the Revised Project and Financing Plans for Reinvestment Zone Number Two. CONFORMITY TO CITY POLICY: The contract and selection process complies with Professional Procurement Act, City Policy, statutes regarding Fiscal Year 2013-2014 Capital Improvement Budget, and conforms to the appropriation and use requirements of the Tax Increment Reinvestment Zone (TIRZ) No. 2 budget. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $510,000.00 $510,000.00 Encumbered / Expended Amount This item $349,755.00 $349,755.00 Future Anticipated Expenditures $14,864.59 $14,864.59 BALANCE $145,380.41 $145,380.41 Fund(s): Packery Channel Projects TIF#2, Parks and Rec, Seq. No. 13 COMMENTS: Remaining balance will be used on other approved Packery Channel Miscellaneous Improvements projects as determined necessary throughout the year. RECOMMENDATION: City staff recommends the approval of Amendment No. 8 to the Contract for Professional Monitoring be awarded to TAMU-CC in the amount of$349,755.00. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract Project Budget Location Map PowerPoint Revised Project and Financing Plan for the Reinvestment Zone No. 2 (Attached to NPIDC Agenda and TIRZ#2 Agenda) Proposed Reinvestment Zone Number Two, FY 2013-2014 Budget (Attached to NPIDC Agenda and TIRZ#2 Agenda) Ordinance approving and adopting an amendment to the Revised Project and Financing Plans for Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009, as recommended by the Island Strategic Action Committee, the Board of Directors North Padre Island Development Corporation, and the Reinvestment Zone #2 Board of Directors; approving and adopting the Reinvestment Zone Number Two, City of Corpus Christi FY 2013-2014 Budget as recommended by the Island Strategic Action Committee, the Board of Directors North Padre Island Development Corporation, and the Reinvestment Zone #2 Board of Directors; appropriating and transferring $510,000 from the Unreserved Fund Balance in Fund 1111 Reinvestment Zone #2 to and appropriating in the No. 3278 Packery Channel Projects TIF #2 fund for the approved Fiscal Year 2014 projects; Changing the FY 2014 Operating Budget adopted by Ordinance No. 029915 to increase expenditures by $510,000; and authorizing the City Manager, or his designee, to execute Amendment No. 8 to the contract between the City and Texas A & M University-Corpus Christi in the amount of $349,755 for a restated fee not to exceed $1,897,783 for Packery Channel Monitoring Fiscal Year 2013-2014. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The amendment to the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009, which has been previously amended on March 22, 2011, as recommended by the Board of Directors, Reinvestment Zone #2, Board of Directors, North Padre Island Development Corporation and by the Island Strategic Action Committee (Amendment to TIRZ #2 Revised Project and Financing Plans 102213) is adopted. The Amendment to the TIRZ #2 Revised Project and Financing Plans 102213 is attached to and incorporated into this Ordinance as Exhibit 1. SECTION 2. The City Council adopts the Reinvestment Zone Number Two, City of Corpus Christi FY 2013-2014 Budget as recommended by the Island Strategic Action Committee, the Board of Directors Reinvestment Zone #2, and the Board of Directors North Padre Island Development Corporation (TIRZ #2 FY 2013-2014 Budget) which is attached to and incorporated into this resolution as Exhibit 2. SECTION 3. An amount of $510,000 from the Unreserved Fund Balance in No. 1111 Reinvestment Zone No. 2 Fund is appropriated and transferred and appropriating into the No. 3278 Packery Channel Projects No. 2 TIF Fund for the approved Packery Channel Miscellaneous Improvements Project. SECTION 4. The FY 2013 Operating Budget adopted by Ordinance No. 029915 is changed to increase expenditures by $510,000. SECTION 5. The City Manager or designee is authorized to execute Amendment No. 8 with Texas A & M University — Corpus Christi in the amount of $349,755 for a restated fee not to exceed $1,897,783 for the Packery Channel Monitoring Fiscal Year 2013-2014 project. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor PROJECT BUDGET Packery Channel Monitoring 2013-2014 (Project No. E13083) PROJECT FUNDS AVAILABLE: Packery Channel Projects TIF #2 $510,000.00 FUNDS REQUIRED: Professional Services Fees: Investigator(Texas A& M - Corpus Christi)................................... 349,755.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)................ $ 5,246.33 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)....... $ 6,995.10 Finance...................................................................................... $ 1,748.78 Misc. (Printing, Advertising, etc.)..................................................... $ 874.39 TOTAL....................................................................................... $364,619.59 ESTIMATED PROJECT BUDGET BALANCE.................................... $145,380.41 CITY OF CORPUS CHRISTI PROFESSIONAL MONITORING CONTRACT PACKERY CHANNEL MONITORING 2013-2014 Amendment No. 8 The City of Corpus Christi, Texas, hereinafter called "CITY", and Texas A&M University-Corpus Christi hereinafter called 'TAMU-CC", hereby agree to amendment of the Contract as approved by City Council Motion 2008-052 on February 26, 2008, administratively amended on March 3, 2008, by Motion 2009-007 on January 13, 2009, by Motion 2009-091 on April 14, 2009, by Motion 2010-095 on April 27, 2010, administratively on September 21, 2010, by Motion 2011- 212 on September 27, 2011, administratively amended by Motion 2012-165 on September 11, 2012 as follows: I. SERVICES TO BE PERFORMED TAMU-CC hereby agrees to perform all consulting services necessary to monitor, perform, complete, and report the results of a comprehensive study of morphology and changes and current velocity at Packery Channel. II. SCOPE OF SERVICES TAMU-CC's services will be those necessary to provide the monitoring required to deliver an annual written report and presentation of the observations and results of the monitoring program that takes place during the term of this contract. The monitoring program will include the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), and elevation measurements across the Mollie Beattie Coastal Habitat Community. TAMU-CC will conduct the comprehensive study of change in channel depth, shoaling, scour, shoreline position and beach volume at Packery Channel. TAMU-CC will complete the tasks set forth by Section ILA as set forth in the research proposal attached as Exhibit "A". A. TAS KS Specific tasks to be undertaken are set out as follows: Task 1. Project Management and Aerial Photography 1-1. Project Management Project management includes historic analysis, reporting, survey organization and scheduling as well as presentations and generation of materials requested by the City of Corpus Christi. Additional support includes coordination with surveyors, engineers and other environmental professionals to assist the City of Corpus Christi with related projects including potential dredge operations and/or FEMA reimbursement for storm damage. 1-2. Aerlal Photography Description: Acquisition of an annual set of rectified aerial photographs of the Packery Channel region including the entire channel from the GIWW to the Gulf of Mexico (GOM); including North Padre and Mustang Islands from the south end of the seawall to Newport Pass. Photographs are applied in ArcGIS environment for comparative analysis of change relative to key features and as a reference for overlay of data and terrain models. Bids received during 2011 show that the cost of aerial photography has increased reportedly due to increases in fuel costs. Purpose: For interpretation of large-scale changes in vegetation, dune line, and inter-tidal regions adjacent to the inland segment of the channel as well as along Padre and Mustang Islands. In addition, the aerials are appropriate for visuals and explanation aids to residents and laypersons. K:IENGINEERING DATAEXCHANGE%CLARISSAAPARKS%E13U83 PACKERY CHANNEL MONFrORING%CONTRACT TAMUCCICONTRACT PACKERY CHANNEL MONMORING 20132014,DOCX Page 1 of 6 Schedule: (1) annual set conducted Aug/Oct 2013 (pending weather conditions). Task 2. Measurement of Morphologic change in Packery Channel and along Mustang and Padre Island. 2-1. Beach Profile Survey Description: The beach profile survey provides information on changes occurring at 18 specified locations from the Nueces Kleberg County Line to north of Fish Pass. There are historic data for these locations since 1995. Elevation measurements are collected along transects that initiate landward of the dune or other landward limiting feature (seawall or pavement) and extend offshore up to one mile into the Gulf of Mexico. Purpose: To document changes in features such as the dune toe (seaward limit of dunes) berm crest(most landward point of active sediment transport on the beach), and sand bars. The data are applied to calculate volumetric change along historically surveyed areas of the beach and applied to calculate sand volume which is required for sand placement and documentation for FEMA funding. Data is also applied to verify shoreline position data and to determine the maximum region of sheltering (Zone of Influence) by the jetties. Schedule: (1) annual survey conducted during peak summer condition (Sep/Oct 2013). 2-2. Shoreline Position surveys Description: Elevation data are collected by RTK GPS across the beach from close to the dune toe to the water line along a zigzag path. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass. Purpose: These surveys are an efficient and low-cost way to measure changes in the width of the dry beach over the broad study area. Within days, a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots" can be identified. Monitoring the seasonal position of the shoreline assists in management of beach vehicular access south of the inlet and addresses persistent regions of shoreline recession that have been identified fronting the North Padre Island Seawall and Whitecap Blvd as well as regions of receding shoreline north of the inlet near Newport Pass. Schedule: (2) Surveys. Tentative survey schedule: Sep/Oct 2013, Jan/Feb 2014. 2-3. Surveys of channel and nearshore depth and morphology (bottom features) Description: These bathymetric surveys combine single-beam and multi-beam sonar coverage to provide high resolution of morphology (shoals, scour and bars). Seasonal series of data is applied to interpretation of pathways of sediment transport. Purpose: Data is applied to define features such as shoals (areas of deposition) and scour (areas of erosion) in the channel, nearshore and around structures. This data is applied to determine pathways of sediment transport and to calculate volumetric change for application to the estimation of the sand volume available for dredging. The data are applied to interpret trends in sediment transport as well as to calculate volumetric change, the calculation of sand loss or gain, for nourishment projects, and to identify potential regions of shoaling which could limit navigation. A primary application of this data is to assist with determining potential scheduling of dredging. Schedule: (3) Surveys. Tentative survey schedule: Sep/Oct 2013, Jan/Feb 2014 and June 2014. Additional surveys may be required if data indicate that depth-limited navigation is imminent. 2-4. Inland Channel Segment and Mollie Beattie Coastal Habitat Community (MBCHC) Description: The inland channel segment bordering MBCHC continues to modify as the region adjusts to changes in water flow in the channel and over the wetland. These changes are best KkENGINEERING OATAEXCHANGEXCLARISSAJ IPARKS1E13083-PACKERY CHANNEL MONITORINGiCONTRACT-TAMUCCtCONTRACT-PACKERY CHANNEL MONITORING 2013.2014.00CX Page 2 of 6 captured seasonally through a network of cross-sections that document changes in wetland extent, channel boundaries and shoreline change. Elevation is measured along transects (survey lines) roughly perpendicular to channel orientation starting at the location of mean higher high water (MHHW) shoreline position along the south shore and then extending across the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised placement area) is defined. Measure the MHHW shoreline position along the south shore of Packery Channel from the HWY 361 Bridge to the Relief Channel west of the channel dog leg. Purpose: These surveys define change in the inland segment of the channel that borders the MBCHC and changes in the elevation of the wetland. Analysis of these data sets provide quantification of change in primary (-5 ft) and upper bank (MSL) width along MBCHC. In addition the MHHW position of the west side of the inland channel segment (residential) is surveyed and compared to previous surveys to determine historic change in position. Schedule: (2) Survey Sets (Transects and MHHW). Tentative survey schedule: Sep/Oct 2013, Jan/Feb 2014. Additional surveys may be required if data indicate that the rate of change has increased during the study period. 2-5. Event/Transitional Survey and/or Dredge Support Description: In a continued effort to respond to reported City of Corpus Christi budgetary constraints, the monitoring program continues at a modified schedule to include (2) seasonal surveys (Sept/Oct 2013 and Jan/Feb 2014) and (1) transitional survey (June 2014). To accommodate monitoring concerns beyond these seasonal surveys this task provides for event survey or other survey requirements as needed. Such support outside of seasonal surveys could include but is not limited to dredge support, engineering support, environmental assessment (wetland), and sand placement activities outside the seasonal survey scope. The primary purpose of the event surveys is to facilitate timely pre- or post- storm surveys. Surveys may be needed beyond the seasonal designation, such as after storms, and to assist with the investigation of sensitive environmental habitat or anthropogenic influences on the coastal environment that are identified during the course of the three seasonal surveys. The cost is based upon the following survey suite but may be utilized as needed: a. Shoreline position survey (1) Task 2-2 b. MBCHC (1) Task 2-2 OR Full Beach Profile Survey (1) Task 2-1 c. Bathymetric channel and nearshore survey (1) as described in Task 2-3 d. Modified beach profile survey of seawall nourishment area south of Packery Channel (Includes profiles at 400-ft to 1100-ft spacing to accommodate more accurate beach volume calculation for FEMA). Purpose: To define morphology immediately before or after a storm event or related to sensitive habitat such as the MBCHC without time restrictions associated with the amendment process. Schedule: To be determined Deliverables: ASCII data sets (x,y,z) NAVD88 State Plane south Zone FIPS 4205 Email status report (monthly or as updates are available) Status Reports (post-survey quarterly reports) Note: all surveys may be rescheduled based upon study findings or weather and sea conditions. Additional surveys may be recommended upon seasonal findings or evidence of change based upon observations in the field. The proposal for Year 2013-2014 is attached as Exhibit °A". KIE GI EERING DATA CH GEICLARISSAAPARKSl 13003-PACKERY CHANNEL MONFFORONGXCONTRACT-TAMUCCtCONTRACT-PACK RY CHANNEL MONITORING2013-2014.DOCX Page 3 of III. FEES AUTHORIZED The City will pay TAMU-CC a fixed fee not to exceed $1,548,028.00 for providing all services during the contract term (12 months). The fee consists of an original contract fee of $241,487.00, a fee for Amendment No. 1 of $11,020.00, a fee for Amendment No. 2 of $61,715.00, a fee for Amendment No. 3 of $299,900.00, a fee for Amendment No. 4 of $325,517.00, a fee for Amendment No. 5 of$600.00, a fee for Amendment No. 6 of$293,400, a fee for Amendment No. 7 of $314,389.00 and a fee for Amendment No. 8 for 349,755.00. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II.A. Invoices will be submitted to the Director of Engineering Services. Invoices will be submitted no more frequently than once per month for services rendered. All invoices shall be accompanied by a cover letter summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices will be based on the Task Fee as set out by this contract. Invoices will be sequentially numbered for each project, state the project name (Packery Channel Monitoring 2013-2014) and City project number (E13083). The letter shall state the number of the current invoice, the total authorized fee, the amount previously invoiced, and the current amount due. Statements will be based upon percent of project completed. However, a final payment of $3,500 will be retained until delivery of the final report. It is mutually acknowledged that fees authorized by this original contract not invoiced may be used to defray the costs and expenses of Amendment No. 7 for such additional tasks as may be directed by the City Manager or his designee. However, any task or additional service that requires additional funding beyond that authorized will be evidenced in writing as an amendment to this contract. Contract Fee Ori inal Contract $241,487.00 Amendment No. 1 $11,020.00 Amendment No. 2 $61,715.00 Amendment No. 3 $299,900.00 Amendment No. 4 $325,517.00 Amendment No. 5 $600.00 Amendment No. 6 $293,400.00 Amendment No. 7 $314,389.00 Amendment No. 8 $349,755.00 Total $1,897,783.00 The fee for each Task of Amendment No. 8 is estimated as: Tasks Fee 1.1 Pro-ect Maria ement $52,301 1.2 Aerial Photo ra h $18,848 2.1 Beach Profile Surve $42,435 2.2 Shoreline Position Survey $14,848 2.3 Surveys of channel and near shore depth and $113,539 mor polo Bath metric Surve 2.4 Inland Channel Segment and Mollie Beattie $32,495 Coastal Habitat Communit 2.5 Event/Storm or Environmental/Engineer $75,289 Su ort Surve s Total $349,755 K%ENGINEE ING DATAF-XCHANGBCLARISSMU3ARKSIE13083,,PACKERY CHANNEL MONITORINGICO CT-T UCCICON CT-PACKERY CHANNEL MONITORING 2013.2014.DOCX Page 4 of IV. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon thirty days written notice to TAMU-CC at the address of record. In this event, TAMU-CC will be compensated for its services on all stages authorized based upon TAMU-CC and City's estimate of the proportion of the total services actually completed at the time of termination. V. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. TAMU-CC agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) VI. ASSIGNABILITY TAMU-CC will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of TAMU-CC staff. If TAMU-CC is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the fee may be assigned in advance of receipt by TAMU-CC without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. VII.DISCLOSURE OF INTEREST TAMU-CC further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "B". All other terms and conditions of the February 26, 2008 contract, as amended, between the City and Consultant shall remain in effect. CITY OF CORPUS CHRISTI TEXAS A&M UNIVERISTY CO S CH ISTI 11z� ��0 Oscar R. Martinez, Date eidre illiams Date 13 Assistant City Manager it Principal Investigator RECOMMENDED 7. 6/. Daniel Biles, P. E., Date QY Luis Cifuentes Date Director of Engineering Services Mce President Division of Research, Commercialization and Outreach Michael Morris Date Director of Parks and Recreation KIENGINEERIN OATAEXCH GE1CIARIS KSiE130®3 PACKERY CHANNEL MONFTORINGICONTRACT•TAMUCCXCONTRACT a PACKERY CHANNEL MONITORING 2013.2014 DOCx Page 5 Of APPROVED AS TO FORM Office of Management Date and Budget Legal Department Date ATTEST Armando Chapa, City Secretary Project No. E13083 Packery Channel TIF#2 Fund Source No. 550950-3278-00000-E13083 $349,755.00 Encumbrance No. ENTERED ON ACT MANAGERS K.4ENGINEERINGDATAEXCHAN GEC LAMSSAAPARKSIE13083-PACKERYCliANNELMONITORING4CONTRACT TAMUCCkCONTRACT-PACKERY CHANNEL MONITORING 2013-2014 DOCX Page 6 of 6 Packery Channel Monitoring Program Proposed Amendment for 2013114 Project Tasks and Cost Estimate June 25,2013 " 4 . YY Mollie Beattie ° s ' Coastal Habitat ' dr Mu m a ' Coftnunity x �`� Mustang and w u �' r Island, . M- Oepositt n', "d Inner Entrance v. a: ,, a ° Entr Cha d ' Nodh Padre a Island .µ r Seawall �� ulfof a i � 7VJexjC0 1 100 r, r x 4,7X Sab 2012 Post-dredge channel and nearshore morphology at Packery Channel(01 March 2013). Submitted to: The City of Corpus Christi Submitted by: Deidre D. Williams The Conrad Blucher Institute for Surveying and Science Texas A&M University-Corpus Christi EXHIBIT"A" Page 7 of 9 Introduction The Packery Channel Monitoring Program began prior to construction in 2003 under sponsorship of the U.S. Army Corps of Engineers, Galveston District and has continued under the sponsorship of the City of Corpus Christi from 2008 to present (Spring 2013). The Conrad Blucher Institute for Surveying and Science (CBI), Texas A&M University-Corpus Christi (TAMUCC) leads these investigations. The monitoring program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), and elevation measurements across the Mollie Beattie Coastal Habitat Community(MBCHC). The monitoring program also includes measurement of current velocity in the inland channel segment and in the GIWW near the intersection of the two channels, sponsored by the USACE, Coastal Hydraulics Laboratory, and the Coastal Inlets Research Program (2007-2011 and 2013). The analysis and interpretation of this data supports the City of Corpus Christi in the research-based management of Packery Channel as well as the adjacent wetland and beaches along Mustang and Padre Island. The Packery Channel inlet system is dynamic; responding to storms, anthropogenic change such as dredging, as well as typical seasonal coastal forcing (wind, current, water level, waves). Of primary importance for the 2013/2014 monitoring year is the investigation of changes in Entrance Channel shoaling and nearshore shoaling around the channel mouth after the two dredging events conducted during 2011/2012 and 2012/2013. The two potential concerns have been identified; 1) increase in extent of a remnant shoal located in the Entrance Channel at the channel mouth and 2) continued decrease in the nearshore depth surrounding the channel mouth and potential development of an ebb shoal (Fig. 1). These areas of concern have the potential to influence channel navigation during the peak period of seasonal shoaling which is typically observed toward the end of the summer. Purpose There are two primary goals for the 2013/14 monitoring year; 1) Measure the rate of shoaling and scour relative to the cumulative post-dredge channel status and 2) measure and document changes in volume and width of the nourished beach along the North Padre Island Seawall (including Michael J. Ellis Seawall) relative to adjacent regions. In addition, the comprehensive program will continue to monitor changes in the Mollie Beattie Coastal Habitat Community that borders the inland channel segment and the Event Task(Task 2-5) will allow for post-storm and focus surveys as they are required. The continuation of the monitoring program will allow the timely assessment of changes in system dynamic related to: 1) an increase in overall entrance channel depth, now deeper than post-construction, that may influence shoaling trends, 2) a decrease in scour around the channel mouth and bypass bar formation which may influence entrance channel shoaling, and 3)persistence of remaining section of the Entrance Channel shoal which presents a barrier to sediment transport out of the channel mouth. The Monitoring Program provides data collection and analysis that describes the channel system as it begins to modify, relative to the change in water depth, from the Deposition Basin to the Entrance Channel. The channel will likely undergo a period of rapid change over the summer months, which is historically a time of increased shoaling. Seasonal surveys have shown that shoaling in the Entrance Channel dominates during the summer months,often peaking during EXHIBIT"A" Page 2 of 9 66 �;� � fl� G � e�eaiux,P Y��u X581 Na y rY�' d a.14 r k „P rn t _ F ■ Pail .a d" �rtet iu Figure 1. Entrance Channel shoal and shallow nearshore surrounding channel mouth(Mar 2013). late August and September. An additional area of focused interest lies just offshore of the channel mouth where a seasonally sustained bypass bar has developed during the summer months since 2011. A bypass bar, when separated from the channel mouth by sufficient scour and ebb flow, provides for the transport of sand around the channel mouth. With less scour developing at the channel mouth there is a greater opportunity for sand to enter as the bypass bar approaches and directs sand toward the entrance channel, particularly during the summer months when ebb flow is not enhanced by winter northwesterly wind. In addition, summer is the most dynamic season for sediment transport by wind from the adjacent beach and dunes which have contributed to shoal development in the Entrance Channel in the past. Continued monitoring will assist the city in research-based management of the channel, adjacent beaches, and wetland habitat and to identify and allow adequate time to prepare for future maintenance tasks and identify potential navigation hazards that may develop as the channel responds to the recent dredge events. Concerns and Benefits Addressed by Monitoring Program: 1. Monitor expansion of the remaining Entrance Channel shoal located near mouth due to: EXHIBIT"A" Page 3 of 9 a. Seasonal decrease in ebb flow (Lack of wind reinforcement during winter storms over summer months). b. Introduction of sand from nearshore (Bypass bar development directing sand toward the mouth and lack of previously large region of scour around mouth). 2. Track beach advance at jetties (Potential for sand entry around jetties when critical threshold is reached). 3. Document pre-storm condition of nourished beach along seawall (FEMA reimbursement). 4. Track longevity of cumulative beach nourishment 2011112 and 2012113 (Future nourishment strategies). 5. Identify early trends in sediment transport (Future dredge planning) Monitoring Program Tasks This proposal describes the 2013/2014 amendment to the existing contract for the Packery Channel Monitoring Program. The program consists of five Tasks which provide data describing the channel and nearshore, adjacent beaches and wetland. The goal of the 2013114 year is to measure and document changes in channel morphology post-dredge and post-beach nourishment. The monitoring program will continue to assist the City in the anticipation of future dredge events, identification of potential navigation hazards and document the annual pre-storm beach width and volume for FEMA reimbursement should the area sustain damage during seasonal hurricanes. Tasks 1-5 may be conducted simultaneously or independently and in the order that best supports the monitoring program goals. Task 1. Project Management and Aerial Photography 1-1. Project Management Description Project management includes historic analysis, reporting, survey organization and scheduling as well as presentations and generation of materials in support of the management of the inlet and associated beach and wetland by the City of Corpus Christi. Additional support includes coordination with surveyors, engineers and other environmental professionals to assist the City of Corpus Christi with related projects including potential dredge operations and/or FEMA reimbursement for storm damage. Estimated Cost: -85249-Y 52 3 n 1 1-2.Aerial Photography Description: Acquisition of an annual set of rectified aerial photographs of the Packery Channel region including the entire channel from the GIWW to the Gulf of Mexico (GOM); including North Padre and Mustang Islands from the south end of the seawall to Newport Pass. Photographs are applied in ArcGIS environment for comparative analysis of change relative to key features and as a reference for overlay of data and terrain models. Bids received during 2012 and 2013 indicate that the cost of aerial photography has increased, reportedly due to increases in fuel costs and the pool of local vendors is limited. EXHIBIT"A" Page 4 of 9 Purpose: For interpretation of large-scale changes in vegetation, dune line, and inter-tidal regions adjacent to the inland segment of the channel as well as along Padre and Mustang Islands. Aerial imagery is particularly important to document adjacent regions that are outside of the topographic survey area. In addition, the aerial imagery is applied as a backdrop to channel and beach elevation data. In addition, the aerials are critical for application to the development of visuals and explanation aids to residents and laypersons. Schedule: (1)annual set conducted Aug/Oct 2013 (pending weather conditions). Estimated Cost: $18,848 Task 2. Measurement of Morphologic change in Packery Channel and along Mustang and Padre Island. 2-1. Beach Profile Surveys Description: Beach profile surveys provide detailed information describing changes in elevation and morphology at 18 specified locations along the beach stretching from the Nueces Kleberg County Line to north of Fish Pass. There are historic data for these locations since 1995. Elevation measurements are collected along transects that initiate landward of the dune or other landward limiting feature(seawall or pavement)and extend offshore up to one mile into the Gulf of Mexico. The surveys capture the region of active sediment transport and therefore extend offshore to a depth, referred to as the depth of the closure, beyond which limited movement of the sediment occurs. Purpose: To document changes in features such as the dune toe (seaward limit of dunes) berm crest (most landward point of active sediment transport on the beach), and sand bars. The data are applied to determine regions of erosion and to calculate volumetric change along historically surveyed areas of the beach. This data set is critical to the calculation of sand volume which is required for sand placement and documentation for FEMA funding. Data is also applied to verify shoreline position data and to determine the maximum region of sheltering along the beach(Zone of Influence) that is provided by the jetties. Schedule: (1) annual survey conducted during peak summer condition (Sep/Oct 2013). Estimated Cost: $42,435 2-2. Shoreline Position Surveys Description: Elevation data are collected by RTK GPS across the beach from close to the dune toe to the water line along a zigzag path in order to cover the entire beach face. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass. Purpose: Shoreline position surveys are an efficient and low-cost way to measure changes in the width of the dry beach over the broad study area. Within days, a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots"can be identified. Monitoring the seasonal position of the shoreline assists in management of beach vehicular access and addresses persistent regions of shoreline recession that exist in front of the North Padre Island Seawall and Whitecap Blvd.as well as regions of receding shoreline north of the inlet near Newport Pass. Schedule: (3) Surveys.Tentative survey schedule: Sep/Oct 2013,Jan/Feb 2014. Estimated Cost: $14,848 2-3. Surveys of Channel and Nearshore Depth and Morphology (Features of seafloor and bottom of channel) EEXHIB,IT"A" of 9 Description: These bathymetric surveys combine single-beam (nearshore/offshore) and multi- beam (channel)sonar coverage to provide high-resolution data sets that describe the morphology (shoals, scour and sandbars) on the channel bottom and seafloor. The analysis of seasonal data sets is applied to interpret pathways of sediment transport and to anticipate development of features such as bypass bars, channel shoals and ebb shoaling. Purpose: Data is applied to define morphologic features such as shoals(areas of deposition)and scour (areas of erosion) in the channel, nearshore and around structures. This data is applied to determine pathways of sediment transport and to calculate volumetric change for application to the estimation of the sand volume available for dredging. The data are applied to interpret trends in sediment transport as well as to calculate volumetric change, prepare for nourishment projects, and identify potential regions of shoaling which could limit navigation. A primary application of this data is to identify trends in shoaling which provides guidance in future dredge planning. Schedule: (3) Surveys. Tentative survey schedule: Sep/Oct 2013, Jan/Feb 2014 and June 2014. Additional surveys may be required if data indicate that depth-limited navigation is imminent. Estimated Cost: $ 113,539 24. Inland Channel Segment and Mollie Beattie Coastal Habitat Community(MBCHC) Description: The inland channel segment bordering MBCHC continues to modify as the region adjusts to changes in water flow in the channel and over the wetland. These changes are best captured seasonally through a network of cross-sections that document changes in wetland extent, channel boundaries and shoreline change. Elevation is measured along transects or survey lines, that are roughly perpendicular to channel orientation. The surveys start at the location of the mean higher high water (MHHW) shoreline position located along the western residential shore and then extend across the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised placement area) is defined. The position of the MHHW shoreline position is measured along the residential side of the channel extending from the HWY 361 Bridge to the Relief Channel west of the channel dog leg. The MHHW position is not as well defined along the MBCHC due to extended sections of submerged area, therefore a MHHW position survey is not conduced on the east side of the channel. Purpose: These surveys define morphologic change in the inland segment of the channel that borders the MBCHC as well as changes in the elevation across sections of the wetland. The purpose is to evaluate the response of the channel and wetland to the opening of the inlet and assess the approach to an equilibrium status. Analysis of this data set provides quantification of change in the primary (-5 11) and upper bank (MSL) width along the channel bordering the MBCHC. In addition, the MHHW position of the west side of the inland channel segment (residential) is compared to historic survey data surveys to determine historic change in position. Schedule: (2) Survey Sets (Transects and MHHW). Tentative survey schedule: Sep/Oct 2013, Jan/Feb 2013. Additional surveys may be required if data indicate that the rate of change has increased during the study period. Estimated Cost: $32,495 2-5. Event/Transitional Survey and/or Dredge Support Description: In a continued effort to respond to City of Corpus Christi budgetary constraints, the monitoring program continues at a modified schedule to include (2) seasonal surveys (Sept/Oct 2012 and Jan/Feb 2013) and (1) transitional reduced-cost survey (June 2013). To E T"k of 9 accommodate monitoring concerns beyond these seasonal surveys the Event Task provides for event surveys or other survey requirements as needed. Such support outside of seasonal surveys could include but is not limited to dredge support, engineering support, environmental assessment (wetland, endangered species, modeling hydrodynamics), and sand placement activities outside the seasonal survey scope. The primary purpose of the event surveys is to facilitate timely pre- or post- storm surveys. Surveys may be needed beyond the seasonal designation, such as after storms, and to assist with the investigation of sensitive environmental habitat or anthropogenic influences on the coastal environment that are identified during the course of the three seasonal surveys. The cost is based upon the following survey suite but may be utilized as needed in support of management concerns: a. Shoreline position survey(1)Task 2-2. b. Abbreviated MBCHC survey(1)Task 2-2 OR TBA survey up to 5 days. c. Bathymetric channel and nearshore survey(1)as described in Task 2-3. d. Beach profile survey(l) Task 2-1. e. Beach profile survey of seawall nourishment area south of Packery Channel (Includes profiles at 400-ft to 1100-ft spacing to accommodate more accurate beach volume calculation for FEMA). Purpose: To define changes in morphology, wetland boundaries,volume, and shoreline position related to issues outside of the umbrella of the seasonal surveys. Schedule: Post-storm and as needed relative to management concerns during 201312014. Estimated Cost: up to$75,289 Total Estimated Cost to City of CC: $ 349,755 Cost Savings to City of Corpus Christi In an effort to directly address budgetary constraints and comprehensive use of available funds CBI has provided cost savings through the following: 1. Conservation offends in the Event Category 201112012 (Task 2-5). Savings to City =45,000 2. Maintaining FIA calculated on Salary/wages only. Savings to City=56,000 3. Secured USA CE contribution to current monitoring. Savings to City = 14,000 Total Cost Savings=115,000 201312014 Task Year Additional Cost Savings Over Program Term ✓ Estimated savings due to deferment of dredge operations (based upon Packery Channel Monitoring Program and associated analysis) z$2,000,000 to$3,000,000 EXHIBIT"A" Page 7 of 9 Deliverables: ASCII data sets(x,y,z)NAVD88 State Plane south Zone FIPS 4205 Email status report(monthly or as updates are available) Status Reports(post-survey quarterly reports) Note: all surveys may be rescheduled based upon study findings or weather and sea conditions. Additional surveys may be recommended upon seasonal findings or evidence of change based upon observations in the field. Budget Next Page EXHIBIT"A" Page 8 of 9 Packery Channel Monitoring Program Estimated Budget 1 July 2013 to 30 June 2014 Personnel Principal Investigator $ 60,844 Database Management/support and technical staff $ 13,602 Subtotal Personnel (Salary/wages) $ 74,446 Benefits $ 17,053 Total Personnel $ 91,499 Travel (Transportation to Surveys) Truck/fuel $ 1,000 Total Transportation $ 1,000 Other Project Costs Materials and Computer(software upgrades $ 5,000 Repair Allowance, Backup/Archive) Surveying/post processing(Subcontract) $ 200,800 Aerial Photography(Subcontract) $ 12,000 Total Other/Transportation $ 217,800 Subtotal Salary/Wages $ 74,446 Subtotal Benefits $ 17,053 Subtotal Other/transportation $218,800 F/A (53% salary and wages) $ 39,456 Project Total $349,755 Less Event Task 5($75,297) ($274,458) Cost Saving to City if used to offset 201312014 budget. Estimated unobligated funds from Event Task 201212013 $ 45,000 EXHIBIT"A" Page 9 of 9 SUPPLIER NUMBER TO BE ASSIGNED p PURCHASING DIVISION City cif' CITY OF CORPUS CHRISTI Christi S F ST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Texas A&M University-Corpus Christi P. O. BOX: STREET ADDRESS: 6300 Ocean Drive CITY: Corpus Christi ZIP: 78412 FIRM IS: I. Corporation ® 2. Partnership ® 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each `employee" of the City of Corpus Christi havin'g an "ownership interest"constituting;30,p'o or more of the ownership in the above named"firm. Name Job Title and City Department(if known) 2. State the names of each "official"of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member"of the City of Corpus Christi having an `ownership interest"constituting 3%or more of the ownership in the above named "Firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest"constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS EXHIBIT"B" Page 1 of 2 If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-319(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that l have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly subm' I Carpus Christi,Texas as changes occur. Certifying Person: Vb@ PmWeffl fm F19sGWV1% Title: Signature of Certifying Date: Person: 3 • / DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT"B" Pa e2of2 File' \project'\councilexhaibits\exhEl3O83.d'wg /rrr/' / / 1110// rfur/' / � 1 / ll rrr r , o / / / / ,,J 1 / Aff T ,� ' // , rhi� " lb � r rrr � / l ;,,; r✓ / .;,� ,, <,,� r l ,,�/r �r ,, Ir u�,✓,r � / /�, //���'r„/i rr��/r"" ,,,., /ii// / .,,, / � �2, ,,, r �, sir,.r»; �� 1> 'l/� �' r / / 1, /�,,, ,,, , „/. ✓ ,l/, /, � ,�", »»r ,, / /�, �/ „// rr,;, 'r ,,, / ;,, „ rrr �.. .,, „r, .✓ h ,"„” „ ,:r//,rii ::,.✓ / �. :/// i,: r � u' / ,...: uu P /, rri4rN l,l%/ i f).:. rp olp ///i ,,.r//H .,;,,,r, ,,,�c r„� ,. ,': � ,, �1L, ✓„/� r /� ,.<, /f rr�C/ � G r�;^,��.- /i/1r r iii. r �r�„ r �/, :.., �,.,,t „, r, , //// it%/�%i /ir ,,, ,/�/l//., c,✓ ., /,,;;r / ,,;rr%/ .. ,, A `r"r , % �y:-p 1, r,, x«0�o%rj � rY✓/, /ii/ /,� 1 li%„jj�� �%; ;” i- .��/ d MATEC $F //iii;, � '” r, r /ii 977 vI x , io/ // ALL Irk .,.. „ ., � ,,, �,�:,, /„�, ,r, ..,,.,..,»,,r: � ..,r� ,iii,,,,,, r,,,, , /, /. ,/� LOCATION MAP PROJECT#E13083 NOr TO SCALE 1�rr COUNCIL EXHIBIT PA CKER CHANNEL �I7Y OF CORPUS CHRISTI, TEXAS 4S DEPARTMENT' OF ENGINEERING SERVICES M wpm ONIT+ RING - 2013-2014 'AGE 1 of I $- m � � N O � � U � o O � � U O ° N M � O � N c� U V Ell' r u i 1 / a� r _l O � G✓/!;, , ,.✓l�;J%, 11//r rr/ ,/, � �! IN .✓ /// /� ,// �l r // / r � „ ".� �" � r�i✓� / �� , / � �„ . ,err��/i �� ^ f ✓ � �� ,. „or,;, "M r/ �lY o// l//y �/ �,�r�/ wb'� �/%�1�+'✓�t%i// '""i��i�„%f%/i�%r��i / /i i�/'r/���d��, �!y rl�D��""��Y f rA Milk r ��//%/ /� �,r,.,ir•/ d�f,%�d�;����� `� 'i.U � ��1��°l�' � r err�: ne if ji�„� ✓lj '- r/r�� //i r�� � 'rc',1�!awt V"w*# '�,� (G/ //iii/a �Y /� ”" f %�%�/�,,,,����I ���; /, /i j/r ��/l ril 0!r/�jY✓� �/ ''�d ,� ,' �� IJ AC 4.. ,,, it w / IS 11q, Al "Ob db y •� d%�r�//i%r 2��rii.Y� ���%��fide %l��/ %/� j,�w r %'��l r�r I r r � r � �a�' e,� !/ it 4�' op i r c' rr! � „ 'V%�,��j/%/JI„'/G//%%,r� //✓//,/(=,?""ww ��, ,a° F"..'.��% 1� �✓r 1, �, 1 +�; cQ U � � N N � p E O E T O C 0) +� — Q 0 � N O N U W U l co ® c U LU Q) N S V O QO • Q tt N P-� - L � U O O 0 M O }' Z — }, E v -W O LU CL ♦, c O L .......................... ,f ® c U LU O O 07 07 O O Lq L Q) O) O O LA CO -r-- 00 O 1` 00 CO 00 O Cr � � � (D LO M LO M M Ld f"'"1 Eft Eft � V 4� � O P� U N Z � J U Q N m C W J N O (' m � V J F--- Q cn U � N cn Q O Q L 0 N N � cn W U ca 0 0 Q U) H a. i W cB O W U U o M Q � 0 cn O z o � E a. a_ LL a- W .......................... ,f �US C Ga 0l AGENDA MEMORANDUM First Reading for the City Council Meeting of October 22 2013 PCUNFORR1"® 1852 Second Reading for the City Council Meeting of October 29, 2013 DATE: October 15, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826-3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com, (361) 826-3464 Approval of Construction Contract: Oso Bay Area Park Development, Phase 2 (Bond 2008) CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916, to include $450,000 from Fund 4720 Community Enrichment Fund; transferring $196,265 from Fund 3480 Storm Water CIP Fund Reserves, $288,210 from Fund 4088 Water CIP Revenue Bond Fund Reserves, $319,740 from Fund 4510 Wastewater Capital Reserves, and $289,895 from Fund 3544 Street 2007A CIP Fund Reserves to the Oso Creek / Oso Bay Area Park Development Project (Bond 2008); increasing expenditures in the amount of $1,544,110; and authorizing the City Manager, or his designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of$4,215,816.00 for the Oso Bay Area Park Development, Phase 2 project for the Base Bid only. PURPOSE: To award the construction contract for the Oso Bay Area Park Development, Phase 2 BACKGROUND AND FINDINGS: This project, which is the second phase of the Oso Creek/ Oso Bay Area Park Development Plan, will construct a City Interpretive/Conservation Nature Park along the Oso Creek/Oso Bay area to include an educational lab building, shade structures, Discovery Garden, parking lot with drop off area, trails (concrete and decomposed granite) with signage, a pond with wetland development, viewing areas, restrooms, 300 foot extension of Oso Parkway, infrastructure improvements (water, wastewater, and storm water) furnishings, landscaping, a site for bird watching and other amenities. This project has been designed and will be constructed to meet the requirements for LEED certification. A LEED certification is the recognized standard for measuring building sustainability while reducing the negative environmental impacts of buildings and improving occupant health and environmental well-being. Areas measured include site sustainability, water efficiency, energy and atmosphere, materials and resources and indoor environmental quality. Planned infrastructure improvements involve a 300' extension of Oso Parkway's 80' R.O.W.(40' back to back curb and gutter) from Wooldridge Street north including concrete sidewalks. Utility trunk lines will be extended, including a 36" RCP storm line, 12" water main, 12" wastewater main, two 10' curb inlets, 12" C900 PVC water line, and 8" SDR26 PVC wastewater main. Drainage is directed to constructed wetlands, rain gardens, and areas of wetlands enhancement. Structures will be constructed from concrete, site cast concrete panels, masonry, and cementatious siding. A recycled material deck includes a canopy. A pond, west of the lab building utilizes onsite material as a liner. A Discovery Garden behind the buildings includes an 8' hill, concrete trails, plant beds, gathering space, slides, a pre-designed play structure, and a stand-alone wall with openings. Pavements include 10' wide concrete trail, integral color, plaza, and decomposed granite trails in the Conservation Easement. Vehicular access is a 24' wide concrete drive with ribbon curbs. An extension of the driveway leads to an area with maintenance building on slab and a dumpster enclosure. An asphalt parking lot of 46 spaces, with ribbon curb, includes four accessible spaces, two bus spaces and three dual bus drop off/parking spaces. The drop off area also includes a concrete, varying width trail with undulating seat walls. Furnishings and Signage include selections made to withstand the corrosive environment. Stainless steel, pipe, and recycled plastic are dominate materials. The plant palette consists of mainly native plants. Bermuda grass will be used in lawn areas as well as over an area of Pavegro. Irrigation is a hybrid drip/spray system utilizing rain water, well water, and potable water where applicable. The project budget does not allow for the award of any of the Additive Alternates. Additive Alternates are listed separately in the attached document. On September 11, 2013, the City received proposals from three (3) bidders and their bids are as follows: Total Base Bid Additive plus Additive Alternates 1 Alternates 1 thru Contractor Base Bid thru 17 17 Reytec Construction Resources, Inc. $4,215,816.00 $1,879,944.00 $6,095,760.00 Houston, Texas KJM Commercial, Inc. $4,650,870.00 $2,808,770.00 $7,459,640.00 Corpus Christi, Texas Journeyman Construction, Inc. $4,846,290.00 $1,892,980.00 $6,739,270.00 Austin, Texas ALTERNATIVES: 1. Award Construction Contract to Reytec Construction as recommended. 2. Do not award contract. OTHER CONSIDERATIONS: This project was approved by the voters in the November 2008 bond election. It has received grants from several state and local agencies including the Community Enrichment Fund ($450,000.00), the Coastal Impact Assistance Program 2010 ($1,500,000.00) and the Texas Parks & Wildlife Outdoor Grant ($500,000.00). Not awarding the Oso Creek/ Oso Bay Area Park Development Phase 2 will subject the City to risk of losing these and future opportunities for grant funding. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; Bond Issue 2008; FY 2013-2014 Capital Budget. EMERGENCY/ NON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Parks and Recreation Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 2,339,200.00 3,182,100.00 5,521,300.00 Appropriation Ordinance 1,544,110.00 1,544,110.00 Bond 2008 Park Savings 254,300.00 254,300.00 TOTAL BUDGET 2,339,200.00 4,980,510.00 7,319,710.00 Encumbered / Expended Amount 2,339,200.00 2,339,200.00 This item 4,215,816.00 4,215,816.00 Future Anticipated Expenditures This Project 764,657.04 764,657.04 BALANCE 0 36.93 36.93 Fund(s): Parks and Recreation 2008 GO Bond Proceeds, Texas Parks and Wildlife Grants, Bond 2004 Project savings, Community Enrichment Grant Funds, and Water, Wastewater, and Storm Water Capital Improvement Reserves. Comments: This project is the second construction phase of Oso Creek/ Oso Bay Area Park. CIP PR04. RECOMMENDATION: City Staff recommend the approval of a construction contract with Reytec Construction, Resources, Inc. in the amount of $4,215,816.00 for the Oso Bay Area Park Development, Phase 2 project for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map List of Additive Alternates Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916, to include $450,000 from Fund 4720 Community Enrichment Fund; transferring $196,265 from Fund 3480 Storm Water CIP Fund Reserves, $288,210 from Fund 4088 Water CIP Revenue Bond Fund Reserves, $319,740 from Fund 4510 Wastewater Capital Reserves, and $289,895 from Fund 3544 Street 2007A CIP Fund Reserves to the Oso Creek / Oso Bay Area Park Development Project (Bond 2008); increasing expenditures in the amount of $1,544,110; and authorizing the City Manager, or his designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $4,215,816.00 for the Oso Bay Area Park Development, Phase 2 project for the Base Bid only. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $450,000 from Fund 4720 Community Enrichment Fund to the Oso Bay Area Park Development, Phase 2 Project. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to transfer $196,265 from Fund 3480 Storm Water CIP Fund Reserves to the Oso Bay Area Park Development, Phase 2 Project. SECTION 3. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to transfer $288,210 from Fund 4088 Water CIP Revenue Bond Fund Reserves to the Oso Bay Area Park Development, Phase 2 Project. SECTION 4. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to transfer $319,740 from Fund 4510 Wastewater Capital Reserves to the Oso Bay Area Park Development, Phase 2 Project. SECTION 5. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to transfer $289,895 from Fund 3544 Street 2007A CIP Fund Reserves to the Oso Bay Area Park Development, Phase 2 Project. SECTION 6. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $1,544,110 to the Oso Bay Area Park Development, Phase 2 Project. SECTION 7. The City Manager or designee is authorized to execute a construction contract for the Oso Bay Area Park Development, Phase 2 Project for the Total Base Bid in the amount of $4,215,816.00 with Reytec Construction Resources, Inc. of Houston, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor PROJECT BUDGET Oso Creek/Oso Bay Area Park Master Plan Project No. 3380 FUNDS AVAILABLE: Phase 1 Phase 2 Bond 2008 Park Funds......................................................... 979,586.24 1,770,413.76 Coastal Impact Assistance Program 2010................................ - 1,500,000.00 Texas Parks &Wildlife Outdoor Grant......................................... - 500,000.00 Texas Parks &Wildlife National Recreation Trails Gt..................... 200,000.00 0.00 Community Enrichment Fund (Land Purchase) ............................ 571,300.00 0.00 Street Capital Improvement Program Reserves............................. - 289,895.00 Storm Water Capital Improvement Program ................................ - 196,265.00 Water Capital Improvement Program.......................................... - 288,210.00 Wastewater Capital Improvement Program.................................. - 319,740.00 Bond 2008 Park Savings.......................................................... - 254,300.00 Community Enrichment Fund ................................................... - 450,000.00 TOTAL.................................................................................. 1,750,886.24 5,568,823.76 FUNDS REQUIRED: Construction - Phase 1 (1-120).................................................... 638,062.00 - Construction - Phase 2 (Reytec Construction) - Parks.................... - 3,364,528.31 Construction - Phase 2 (Reytec Construction) - Drainage................ - 152,835.95 Construction - Phase 2 (Reytec Construction) -Water.................... - 224,195.77 Construction - Phase 2 (Reytec Construction) -WW...................... - 248,738.74 Construction - Phase 2 (Reytec Construction) - Streets................... - 225,517.23 Total Construction........................................................... 638,062.00 4,215,816.00 Contingency- Phase 1 (1-120)..................................................... 38,076.00 - Contingency- Phase 2 (Reytec Construction)............................... - 210,790.80 Art 60,675.00 Land Purchase (to date)........................................................... 563,884.89 - Design Fees: Design Consultant, Phase One (RVI)*......................................... 306,029.00 - Project Management Services (R.H. Shackelford)......................... - - Survey Phase One (CRG)......................................................... 6,750.00 - Geotech Phase One (Rock)...................................................... 5,200.00 - C/M Testing Phase One (Rock)................................................. 9,714.00 - Design Consultant, Phase Two (RVI).......................................... - 709,390.00 Geotech Phase Two (Rock)...................................................... - 12,400.00 C/M Testing Phase Two (Estimate)............................................ - 60,000.00 Reimbursements: Contract Admin. (Contract Preparation/Award/Admin) ................... 43,105.10 73,776.78 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt .............. 92,473.07 86,424.23 Construction Inspection 19,141.86 115,934.94 Finance Reimbursements 27,443.06 21,079.08 Misc. (Printing, Advertising, etc.)................................................ 1,007.26 2,500.00 TOTAL 1,750,886.24 5,568,786.83 ESTIMATED PROJECT BUDGET BALANCE 0.00 36.93 *Original Contract Approved by Council on January 11, 2011 File \Mproject\councilexhibits\exh3380.dwg ri ' rr%/fr �I i uuuuuuuuuuuuuuuuuuumiuuuu I 1 p i IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII { I� a / � uuuiuiil��l�lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 1 PROJECT LOCATION / r �l r r r / J r l/ r r / / /O r / r LOCATION MAP PROJECT#3380 NOT TO SCALE CITY COUNCIL EXHIBIT OSO CREEK/ OSO BAY AREA CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PARK MASTER PLAN PAGE: 1 of 1 = _ Oso Bay Area Park Development, Phase 2 (Bond 2008) Bid Additive Alternates Reytec Alternate Construction 1 Photovoltaic system $23,000.00 2 Interpretive Center Breezeway & Seating including structural slab, complete structure, piers, cistern #2, flatwork, permeable pavers, planting and irrigation 711,074.00 3 Wind Turbine System — Deleted, not bid - 4 Entry drive and parking lot lighting including all fixtures, poles, installation, lighting wiring and conduit 93,400.00 5 Surfing Leaf 18,000.00 6 Play Structures including fall zone with pad and drain, play curb, retaining walls, trail, guardrail and custom slides 377,802.00 7 Dumpster enclosure including structural footing and bollards 18,000.00 8 Peek-A-Boo wall with upgraded fencing and signage 30,614.00 9 Shade Shelter in Conservation Easement including picnic table, structural slab, supports and roof 30,000.00 10 Site Lighting including conduit and wiring 64,904.00 11 Barrier Piers including cables 36,300.00 12 Windmill and Air pump including vault lid and all connections 11,000.00 13 Amphitheater Structure including columns and canopy 75,000.00 14 Pavegrow irrigation and seeding 125,530.00 15 Sign Columns including footing, texture and lettering 42,000.00 16 Stabilized decomposed granite trails including silt fencing, grading and re-vegetation 157,320.00 17 Map kiosks 66,000.00 Total Additive Alternates 1-17 $1,879,944.00 Total Base Bid $4,215,816.00 Total Base Bid Plus Add Alts 1-17 $6,095,760.00 -- � � N � � O V O � U A a� 4 3 u ui u i RH( IMll1 ti�J' wL iz F QL��'a7 N CL U W 1 4- py n � l L � o c� `Lo z u �-1 y bw 1 yaw` " NO ra l DIY l ��, tau u ry zu rrw :w+ M G C a i CL r4 IM Q1 N OD0. to L O U a) (D O � Z, � � co 0 O 0 U (D _ cn N +r � L O > co N 4-0 J Q 0 co N > 2 O 0 X C: — O Qtnm N� 0 .. � � O .C: UJ +� Oco m (a O N N N 0 (a U J O 0 . . . . . . . . . . > o Is co z a� CL n 4) cn � a �1 V V� 7 Q) N CL O • � a � U O P-� � . U m T" O .�4 LL 22 U — }, O >, � M N O � � ° L v � E z° � 9r- o O C/) N Z p j C: -0 V CL C: n M boo 3 � M OQ � o m � � O LU -0 Co _ U V U L Co a O 'oC: c a O O i LL U LU V CO O O O O O O w O O O O O O M M M 1— O O O O O O 1` O 00 O O O O O 00 Ci CV co O LO LO 0 0 0 M CO O LO O O O LO co co - O 07 CO � 19T O N -r- 07 f` 07 O O � 00 M N ti O 00 N N ti O 00 00 f` CO M A O ti 1` � O 07 CO 00 07 O 00 LO O O 07 N O 07 00 V a N o 00 rn 00 -r- LO CO � � c0 0 c0 rn CO O (= N N M � W N N 1— N W) N N L � L LLI cn m U U J CD MQM o CD L L W cn E E ° H E E � N N cn a� n Q2 U13 •� cp O O L LI N N . . N N W D N N � � J O M O M E W ch cn O co m Q Q U = = � � w cn � U- U U J O: cn J Q E N Q D iL-' 0=CY a: N Q �-- Z O L cn E H Z c c n cn cn O H cH O O O O -� a) a) a) a� O IL a- (D U IL U U Q o o cD U W SC j2 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of October 22, 2013 Second Reading Item for the City Council Meeting of October 29, 2013 DATE: October 4, 2013 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS @cctexas.com (361) 289-0171 ext. 1213 Approval of a farm and grazing lease agreement for 28.28 acres at Corpus Christi International Airport at a rate of$15 per acre. The agreement is for a five-year period. CAPTION: Ordinance authorizing the City Manager, or designee, to execute a Farm and Grazing Lease Agreement with James P. Kelly to farm and graze approximately 28.28 acres of farm land located at the Corpus Christi International Airport, in consideration of an annual payment to the City of$15 per leased acre for a term of five 5 years. PURPOSE: The City leases airport acreage to farming entities for agricultural use. The farm lease agreements are mutually beneficial as the Airport is able to reduce mowing costs on unimproved property and also generate revenue. The farmers are able to plant crops or graze livestock and receive market value. BACKGROUND AND FINDINGS: Corpus Christi International Airport is located on approximately 2,400 acres of land. A significant portion of the land remains unimproved and available for agricultural use. The Federal Aviation Administration (FAA) periodically requires portions of the acreage be removed from agricultural use to enhance runway safety or capital projects. Consequently acreage amounts may be adjusted during the term of the lease. These restrictions reduce the level of interest from other prospective tenants. We have reviewed professional appraisals for similar acreage and the market rate varies between $6 and $10 per acre. Though nominal, Airport staff is of the opinion that the $15 per acre is a fair rate when mowing of the acreage is factored in. ALTERNATIVES: The only alternative is for the Airport to retain the property and include the acreage as part of the regular mowing and maintenance cycle thus increasing operating costs. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Lease of agricultural acreage is consistent with the Airport Master Plans. , EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal 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 $83,414 $321,656 $405,070 Encumbered / Expended Amount This item (additional revenue) $424.20 $1,697.60 2,121,80 BALANCE $83,838.20 $323,353.60 $407,191.80 Fund(s): Airport Fund Comments: None RECOMMENDATION: Staff requests approval of Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance James P. Kelly. — Farm and Grazing Lease Agreement Ordinance Authorizing the City Manager, or designee, to execute a Farm and Grazing Lease Agreement with James P. Kelly to farm and graze approximately 28.28 acres of farm land located at the Corpus Christi International Airport, in consideration of an annual payment to the City of $15 per leased acre, for a term of five (5) years. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager, or designee, is hereby authorized to execute a Farm and Grazing Lease Agreement with James P. Kelly to farm and graze approximately 28.28 acres of farm land located at the Corpus Christi International Airport, which agreement is on file with the City Secretary's office, in consideration of an annual payment to the City of $15 per leased acre, for a term of five (5) years. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb Page 1 of 2 Ordinance—Kelly Farm Lease 8-26-2013 That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Page 2 of 2 Ordinance—Kelly Farm Lease 8-26-2013 FARM AND GRAZING LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND JAMES P. KELLY WHEREAS, the City of Corpus Christi ("City") owns the Corpus Christi Inter-national Airport("Airport"), located in Corpus Christi,Nueces County,Texas; WHEREAS, James P. Kelly, an individual residing in the State of Texas, ("Lessee") desires to lease a certain parcel of land at the Airport for crop farming and cattle grazing purposes;and WHEREAS, the parties desire to enter into a written lease for approximately 28.28 acres of land to permit Lessee to engage in crop farming and cattle grazing("Lease"). NOW, THEREFORE, in consideration of the mutual covenants contained in this Lease, the parties agree as follows: Section 1. Parties. This Lease is made by and between the City, acting through its duly authorized City Manager, or designee ("City Manager"), and James P. Kelly, as Lessee. Section 2. Premises. The City leases to Lessee the land located on the Airport property, as more particularly described in the attached Exhibit A ("Premises"), which exhibit is incorporated into this Lease as if fully set out herein. The Premises consists of approximately 25.39 acres of land, excluding a fifteen(15) foot easement along any perimeter fence abutting the Premises, and a fifteen (15) foot easement along any light pole used by Airport located on the Premises. Section 3. Term. Subject to the remaining terms and conditions of this Lease, the term ("Term") of this Lease is five (5) years, beginning October 1, 2012, ("Effective Date"), and ending on the last day of the fifth(5th) full fiscal year thereafter("Termination Date.") Section 4. Lease Payments. A. Calculation. Lessee agrees to pay the City Fifteen Dollars ($15) per acre annually ("Lease Payment"). Lessee shall remit the initial Lease Payment not later than 5:00 p.m. Central Standard Time on the Wednesday immediately following the date this Lease is finally approved by the City's City Council ("City Council"). All subsequent Lease Payments are due on every calendar year anniversary of the Effective Date of this Lease. B. Paying Rent. The Lease Payment must be delivered to the following address: Corpus Christi International Airport 1000 International Drive Corpus Christi,Texas 78406 Page 1 of 14 Kelly Farm and Grazing Lease 8-26-13 Section 5. Lease Agent. The City's Director of Aviation, or his designee ("Aviation Director"), shall administer this Lease and serve as the City's agent to receive all Lease Payments,notices, and reports due under this Lease. Section b. Use of Premises. Lessee must use the Premises for the purposes of crop farming and/or grazing cattle limited to the number of heads of cattle allowed per acre as established by the Texas Agricultural Extension Service, and for no other purpose without the express written consent of the City Manager. In compliance with the FAA restriction on the types of crops grown on the Airport and pursuant to Section 16 herein, Lessee shall not plant sunflower, seeded crops or cereal grain crops on the Premises. Lessee may not construct any improvements on the Premises, with the exception of fencing as required herein for containing cattle to be grazed on the Premises. Lessee may not use the Premises for storage of equipment or supplies. If Lessee plants crops not prohibited under this Agreement but that are not eligible for federal crop insurance, in the event such crops suffer a yield loss or marketing loss that otherwise would be insured under federal crop insurance if they were insurable crops, the City shall abate Lessee's rent by 10% for the acreage on which such affected crops are planted, in each year such crops suffer a yield loss or marketing loss, up to a maximum of 25% of the acreage included in the Premises. Lessee may not provide grain feed for cattle upon the Premises or maintain a pond or other open body of water, either of which may be an attraction to wildlife hazards such as birds and other wildlife. Lessee must, at his sole expense, construct if necessary and maintain a fence for the purpose of containing all cattle to be grazed on the Premises. Lessee agrees that at all times, cattle must be secured within the fenced area and not allowed to graze or wander outside the fenced area of the Premises, identified on the attached Exhibit A. Upon discovery or notification of cattle that are not within the fenced area of the Premises, Lessee must immediately re-secure all cattle within the fenced area of the Premises at Lessee's own expense. The City retains the right to timely re- secure any cattle that are not within the fenced area of the Premises, as stated herein, and Lessee agrees to reimburse the City for its associated cost thereof plus 20% of said associated cost within thirty(30) days of Lessee's receipt of written demand therefor by the City. Section 7. Acceptance. By Lessee's execution of this Lease, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by the City's City Council and executed by the City Manager. Lessee also acknowledges that Lessee has inspected the Premises and accepts the Premises in its present physical condition, as is, including any and all defects known and unknown that may exist. Section 8. Assignment and Sublease. Lessee may not at any time assign, transfer, convey, sublet, mortgage,pledge, or encumber Lessee's interest in this Lease or any part of the Premises to any party without the prior written consent of the City, which approval will not be unreasonably withheld. In the event that Lessee directly or indirectly assigns, transfers, conveys, sublets, mortgages, pledges, or otherwise encumbers this Lease or any portion of the Premises without the prior written consent of the City, the City may, in its sole discretion, terminate this Lease. Page 2 of 14 Kelly Farm and Grazing Lease 8-26-13 Section 9. Required Modification or Amendment of Lease. If the Federal Aviation Administration or its successor ("FAA") requires modifications or amendments to this Lease as a condition precedent to granting funds for Airport improvements, Lessee agrees to consent to the modifications or amendments to this Lease as may be reasonably required for the City to obtain the funds;provided, however, that Lessee will not be required to pay increased Lease Payments, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and the City have fully executed an amendment to this Lease that is mutually satisfactory to all parties regarding any terms or conditions of this Lease affected by said required actions, Section 10. Reservation of Use. A. The City reserves the right to sell, use, or lease for a use different from the present use all or any portion of the Premises at anytime during the term of this Lease. If the Premises are used or leased before the Expiration Date and the purchaser or new lessee is not willing to take the Premises subject to this Lease and demands immediate possession, then Lessee agrees to vacate and surrender possession within fifteen (15) days after receipt of notice to vacate. B. If it becomes necessary for Lessee to vacate in the event of a sale or new lease,`then the City shall pay Lessee for the land or portion thereof so vacated the following amounts, to- wit: (1) If the land has been plowed and prepared for a new crop, but before the crop has been planted,the actual expense of working the acreage vacated plus $5.00 per acre. (2) If there is a growing crop, then the average return on an acreage basis that the same crops bring on other land covered by this Lease or, if there is no other land covered by this Lease, then on similar land in the immediate vicinity. C. Any payments made to Lessee under this section shall be based on the Lessee's share of the crop land actually cultivated and farmed under this Lease, less harvesting costs. Section 11. Subordination to U.S. and FAA Requirements. This Lease is subordinate to the provisions of any existing or future agreement between the City and the government of the United States relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 11 or under Section 9 above, is to take any of the Premises under this Lease out from the control of City, then City shall make every effort to provide Lessee with land substantially similar to the Premises used by Lessee for the remainder of the Term if similar premises are available for the type of use granted within this Lease. Section 12. Maintenance; Utilities. A. Lessee, at its own expense, shall maintain the Premises in good appearance and repair and in a safe condition. Lessee shall, except during the growing season prior to harvest, keep the Premises mowed to a height under 12 inches. Page 3 of 14 Kelly Farm and Grazing Lease 8-26-13 B. Within seven days of harvest, Lessee shall plow under the remains of the harvested crop. Additionally, Lessee shall spray the plowed-under areas with an approved growth inhibitor in order to prevent secondary growth of the remains. C. Lessee must ensure that the Premises are maintained free of foreign object debris and shall control soil erosion on the Premises. D. The Aviation Director is the sole judge of the quality of Lessee's maintenance, which must be reasonable and consistent with other City and Airport properties. The Aviation Director may at any time during City's normal business hours, without prior notice, enter upon the Premises to determine if Lessee is falfilling the maintenance requirements of this Lease. The Aviation Director must notify Lessee in writing of any default. If the required maintenance, in Aviation Director's deficiency notice to Lessee, is not commenced by Lessee within 15 days after receipt of written notice, or is not diligently prosecuted to completion within the time stated, the Aviation Director may enter upon the Premises and perform the subject maintenance, and Lessee agrees to reimburse the City for its cost plus 20% overhead within 30 days after the Aviation Director's written demand therefor, together with copies of all bids for the repairs and maintenance. E. Lessee must immediately remove or correct any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or after receipt of notice from the Aviation Director, whichever occurs sooner. At the Aviation Director's direction, Lessee must close the Premises, or affected portion, until the hazardous or potentially hazardous condition is removed or corrected. F. Lessee, at its own expense, shall replace any and all utility lines and equipment located on the Premises which may be damaged or destroyed as a result of Lessee's farming or agricultural operations. Lessee, at its own expense, shall repair any and all damage caused to the Premises as a result of the willful or negligent acts or omissions of Lessee, its employees, or agents. G. Lessee shall pay for all utilities, including water and waste disposal, Lessee uses at the Premises. H. Crop Setbacks. (1) Lessee shall plant crops no closer than fifteen (15) feet from any Airport perimeter fence or light pole. (2) Lessee shall plant crops no closer than 575 feet from any runway centerline and no closer than 1,000 feet from the end of any runway. (3) Lessee shall plant crops no closer than 130 feet from the centerline of any taxiway. (4) Lessee shall plant crops no closer than 113 feet from the edge of any aircraft apron. I. Lessee shall, at its sole expense, maintain the fence required herein for the purpose of containing all cattle to be grazed on the Premises. Lessee shall inspect such fencing on a regular Page 4 of 14 Kelly Farm and Grazing Lease 8-26-13 basis, no less than once a week, to ensure its functionality. Lessee shall, at its own expense, repair any and all damage to such fencing, regardless of causation, immediately upon discovery or notification of damage. Section 13. Inspection and Premises Access. The Aviation Director shall have the right to inspect the Premises during the City's normal business hours, without prior notice. The City reserves the right to install wildlife control devises and to take additional wildlife control measures, as may be necessary. The City shall have the right at any and all times of ingress and egress on and over the Premises for the purposes of conducting and carrying on any business incident to activities of the City. Section 14. Security Badges. Each of Lessee's employees needing access to a restricted area (including the area outlined in Section 15 of this Lease) must wear a security badge while in the restricted area. Lessee will pay an issuance fee for each badge and a replacement fee for each lost security badge. The Aviation Director may also require the payment of a reasonable deposit fee for each security badge issued consistent with fees charged to other tenants at the Airport. Lessee must notify the Aviation Director immediately after any employee of Lessee who was issued a security badge is terminated or loses a badge. Lessee and Lessee's employees must comply with all City and federal security regulations and requirements. Section 15.Access to the Aircraft Operating Area. A. Lessee and its respective contractors, suppliers of materials, funnishers of services, employees, agents, and business invitees must comply with all present and future laws, rules, regulations, and ordinances promulgated by the City, the Airport, the federal Transportation Security Administration ("TSA"), the FAA, or other governmental agencies to protect the security and integrity of the Airport's aircraft operating area ("AOA"), as shown on the attached Exhibit B, which is incorporated in this Lease as if fully set out herein. Subject to the approval of the Aviation Director, Lessee must adopt procedures to control and limit access to the AOA by Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, business invitees, in accordance with all present and future City, Airport, TSA, and FAA laws, rules, regulations, and ordinances. Lessee specifically agrees to adopt procedures to prevent cattle from entering the AOA. B. Lessee must pay all FAA and TSA fines associated with security breaches or infractions committed by Lessee's employees, agents, contractors, suppliers, and business invitees in the AOA, regardless of whether the fine is assessed to the City or the Airport, as set out in the City Code of Ordinances, Sec. 9-31. C. Lessee agrees to indemnify, hold harmless, and defend the City, its officers, employees, agents, and representatives against the risk of legal liability for death, injury, or damage to persons or property, direct or consequential, arising from entry of persons and/or cattle being grazed by Lessee, into the AOA where permitted, allowed, or otherwise made possible by Lessee, its employees, contractors, suppliers of materials, furnishers of services, business invitees, agents, or any other person under the direction of Lessee in violation of City,Airport, TSA, and FAA laws, rules, regulations, or ordinances or Lessee's approved procedures for controlling access to the AOA. Page 5 of 14 Kelly Farm and Grazing Lease 8-26-13 D. Lessee will have access to the Premises, subject to compliance with all applicable Airport, TSA, and FAA security procedures. Movement of all persons in the AOA and Premises must be cleared in accordance with Airport, TSA, and FAA rules and regulations. Lessee is primarily responsible for opening and closing any security gates and doors permitting access between the Premises and the AOA. E. No vehicles owned or operated by Lessee may operate within the movement or non- movement areas of the AOA except those in compliance with Airport, TSA, and FAA rules and regulations. Section 16. Operation within Airport Certification. Lessee must comply with all rules that are applicable to its operations at the Airport under the Airport Certification Rules of the Federal Aviation Regulations ("FAR"), Part 139, as amended [14 CFR Part 139, as amended]. Copies of the FAR are available in the office of the Aviation Director. Section 17. Federal Code Requirements for Equipment Use. Lessee covenants to comply with the notification and review requirements set out in the FAR, Part 77, as amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its operation that requires notification as outlined in this regulation. Copies of the FAR are available in the office of the Aviation Director. Section 18. Control of Structures and Equipment. Lessee may not make use of or operate any structure, building, antenna, object, or equipment which has its highest point above a mean sea level elevation established by the FAA or the City as a height limitation on said structure, building, antenna, object, or equipment. City may enter the Premises and remove any such structure, building, antenna, object, or equipment and assess the removal expense against Lessee plus a 20%overhead charge. Section 19. Aerial Approaches. The City Manager may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from operating any object or equipment on or adjacent to the Airport, which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. Lessee will not make or permit any use of the Premises which would interfere with landing or taking off of aircraft at the Airport or otherwise constitute an Airport hazard including, but not limited to, electrical or electronic interference with communications, electrical, or electronic equipment or the creation of smoke, dust,or glaring or misleading lights. Section 20. Right to Overflight. The City hereby reserves, for the use and benefit of the public, a right of flight for the passage of aircraft above the surface of the Premises together with the right to cause in the airspace noise as may be inherent in the operation of aircraft now known or hereafter used for navigation thereof or flight in the air, and using the airspace for landing at or taking off from, or operating on,the Airport. Section 21. Hazardous Substances. A. Lessee covenants to comply with all environmental laws, rules, regulations, orders, and permits applicable to Lessee's operation on or in the vicinity of the Airport including, but Page 6 of 14 Kelly Farm and Grazing Lease 8-26-13 not limited to, required National Pollutant Discharge Elimination System permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. a. Except for hazardous substances governed by and transported in full compliance with the transportation laws of the State of Texas or federal government, Lessee must not use, store, generate, treat, transport, or dispose of any hazardous or regulated substances or waste on or near the Airport without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over Lessee's operation on or near the Airport. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill, or deposit of a hazardous or regulated substance has occurred or is occurring which affects or threatens to affect the Airport or persons, structures, equipment, or other property located thereon, Lessee must notify immediately by verbal report in person or by telephone, to be promptly confirmed in writing, (1) the Aviation Director, (2) the Airport's Public Safety Office, (3) emergency response centers, and (4) environmental or regulatory agencies, as required by law or regulation, and must follow such verbal report with all written reports required by law. D. Lessee agrees to cooperate fully with the Airport in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or threat of release of a hazardous or regulated substance into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law and as authorized or approved by any federal, state, or local agency having authority over environmental matters. E. Lessee must keep a readily accessible file of materials safety data ("MSD") sheets for each hazardous substance on site or transported to the Premises, in accordance with federal and State transportation laws, which file must be posted and immediately available to any Airport or City employee who responds to the scene (Premises) in the event of a discharge of a hazardous substance. Lessee's employees must try to determine which hazardous substance was discharged and have that MSD sheet available for the first responders to the scene. F. Lessee must promptly undertake all required remediation and pay all costs associated with Lessee's action or inaction that directly or indirectly prevents the Airport from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits. G. Lessee agrees and acknowledges that the obligations set forth in this section survive termination of this Lease. Section 22. Nondiscrimination and Affirmative Action. A. Nondiscrimination - General. Lessee, for itself, its employees, agents, and representatives, as a part of the consideration for the making of this Lease, covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age,national origin, Page 7 of 14 Kelly Farm and Grazing Lease 8-26-13 handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Premises; (2) Lessee will use the Premises in compliance with all requirements imposed by or pursuant to 14 CFR Part 152, Subpart E, Nondiscrimination in Airport Aid Program, Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and regulations may be amended, and with other applicable State and federal laws, rules, or regulations, as amended. B. Nondiscrimination - Business Owner. This Lease is subject to the requirements of 49 CFR Part 23. Lessee agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award of performance or any concession agreement,management contract or subcontract,purchase or lease agreement, or other agreement covered by 49 CFR Part 23. C. Remedy for Breach. If Lessee breaches a nondiscrimination covenant, the City may immediately reenter the Premises, and the Premises and all Lessee's interest therein reverts to the City. This provision is not effective until the procedures of 49 CFR Part 21 are completed, including exercise or expiration of appeal rights. D. Affimative Action. Lessee covenants that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Lessee covenants that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart. Lessee further covenants to require its covered sub- organizations to provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub-organizations, as required by 14 CFR Part 152, Subpart E. Lessee, at its own expense, will comply with any applicable requirements of the Americans with Disabilities (ADA) Act, as it may be amended. Section 23. Compliance with Laws. A. General. Lessee must promptly observe, comply with, and execute the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders, and directives applicable to Lessee's use and occupancy of the Premises. Failure to observe or comply with any law, rule, or regulation will subject this Lease to cancellation by the City under Section 24 of the Lease. B. Federal. Lessee covenants to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts that the U.S. Congress passes that apply to any entity that operates at the Airport. C. State and Local Laws. Lessee covenants to comply with all applicable State and local laws, rules, regulations, and policies. Page 8 of I4 Kelly Farm and Grazing Lease 8-26-13 Section 24. Cancellation; Termination; Re-entry. A. Cancellation by Lessee. Without limiting any other rights and remedies to which Lessee may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be canceled by Lessee at any time after the happening, and during the existence, of one or more of the following events: 1. The permanent abandonment of the Airport; 2. The lawful assumption by the United States government, or any authorized agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, that substantially restricts Lessee from operating for at least 150 days; 3. The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport by the Lessee and that continues for at least 150 days; or 4. The default by the City in the performance of any covenant and the failure of the City to remedy the default within 60 days after receipt from Lessee of written notice to remedy the same. B. Termination by City. Without limiting any other rights and remedies to which City may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by City if Lessee; L Is in arrears in the payment of any portion of the Lease Payment or of any fees or charges required to be paid by Lessee under this Lease in excess of ten (10) business days ("business" days are Monday through Friday) or other time as may be provided herein; 2. Makes a general assignment for the benefit of creditors; 3. Abandons the Premises or any part thereof; 4. Otherwise defaults in the performance of any of Lessee's covenants and continues the default in excess of 30 days or other time as may be provided herein, after receipt of written notice from Aviation Director of the default. If the default cannot reasonably be cured within 30 days or within any other time set out in the notice of default, Lessee shall submit a plan to remedy the default to the Aviation Director for approval within thirty (30) days from receipt of the notice. The Aviation Director shall have sole discretion regarding the approval or rejection of Lessee's proposed plan. C. City's Right to Entry. 1. If the City terminates this Lease or if Lessee abandons the Premises, the City may enter upon the Premises. Page 9 of 14 Kelly Farm and Grazing Lease 5-26-13 2. In the event of termination by City or abandonment by Lessee, Lessee hereby irrevocably appoints the City Manager as its agent to remove any and all persons and property from the Premises and place any property in storage for the account of and at the expense of Lessee. All property on the Premises is hereby subject to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Lease, and any and all exemption laws are hereby expressly waived in favor of said Iandlord's lien. Furthermore, it is agreed that said landlord's lien is not a waiver of any statutory or other lien given or which may be given to City by the Lessee but is in addition thereto. 3. Lessee agrees, that in the case of a default, if Lessee fails to remove any property on the Premises within thirty days following the default, the City Manager may sell Lessee's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Lessee, with the surplus, if any, to be mailed to Lessee at the address herein designated. If the City terminates this Lease and reenters the Premises, the City may relet the Premises and, if a sufficient sum is not realized after paying the expenses of the reletting to satisfy the rent owed and other sums agreed to be paid by Lessee, Lessee agrees to pay any deficiency within 30 days of the Aviation Director's written demand therefor. D. Notice of Termination. If an event of default occurs and, after due notice identifying the default, the defaulting party has failed to cure, the complaining party may at any time after the expiration of any cure period terminate this Lease by providing written notice of termination. The Lease will be terminated on the date specified in the notice but not sooner than five (5) business days after the postmarked date of the notice. Rental payments are payable only to the date of termination. This Subsection is subject to the requirements set out in Subsection B of this Section. Section 25. Property Removal upon Expiration or Termination. A. Removal of Equipment. Upon termination or expiration of this Lease, Lessee must remove all equipment and/or cattle from the Premises within 30 calendar days after termination or expiration of the Lease. Any damage to the Premises caused by Lessee's removal of its property and/or cattle must be repaired by Lessee within 15 business days after termination or expiration of the Lease, at Lessee's expense, and to the satisfaction of the Aviation Director. B. Notwithstanding the foregoing, if Lessee fails to remove equipment and/or cattle within 30 days from the date of termination or expiration of this Lease, then the City Manager, may at his or her option, take title to the said personalty and/or cattle and sell, lease, or salvage the same, as permitted by law. Any net expense the City Manager incurs on behalf of the City in disposing of the personalty and/or cattle must be paid by Lessee within 10 days of the City Manager's written demand thereof. The City Manager will provide Lessee with a written itemized breakdown of the costs recaptured, if any, by the sale, lease, or salvage of the property and/or cattle, and the balance due, which must be paid by Lessee upon receipt of said itemized breakdown. Page 10 of 14 Kelly Farm and Grazing Lease 8-26-13 Section 26. Holdover. Any holding over by Lessee of the Premises after the expiration or other termination of this Lease will be on a month-to-month tenancy at sufferance, at the then current monthly rental rate, and Lessee agrees to surrender the Premises upon 30 days written notice. Failure to timely surrender Premises following notice subjects Lessee to payment of a monthly holdover fee equal to the then current monthly rent (Lease Payment) for each month of delay, in addition to the payment of rent. Section 27. Re-delivery of Premises. Upon expiration or termination of this Lease, Lessee must deliver the Premises to City peaceably, quietly, and in as good condition as the same now are or may be hereafter improved by Lessee or City, normal use and wear thereof excepted. In addition to a landlord's lien provided by the law of the State of Texas, the City has a contractual lien on all property of Lessee on the Premises as security for nonpayment of rent. Section 28. Indemnification. A. GENERAL — Lessee must indemnify, hold harmless, and defend the City of Corpus Christi, its officers, employees, agents, and representatives from and against any and all claims and causes of action, administrative proceedings,judgments,penalties,fines, damages, losses, demands, liabilities, or expenses whatsoever (including reasonable attorney's fees and costs of litigation, mediation, and administrative proceedings) which may be brought, alleged, or imposed against the City, its officers, employees, agents, or representatives arising directly or indirectly from or in any way connected with (i) any property damage or loss,personal injury including death, or adverse effect on the environment arising out of Lessee's action or inaction with regard to the operations of Lessee hereunder, including the use or occupancy of the Premises, or in providing access to secured areas of the Airport as set out herein, excepting only that liability as may result from the gross negligence or the willful misconduct of the City, including its officers, employees, agents, and representatives; (ii) the failure of Lessee, its agents, or employees to comply with the terms and conditions of this Lease or to comply with any applicable federal, State, or local laws, rules, regulations, or orders including, but not limited to, any and all applicable federal, State, or local environmental laws, rules, regulations, or orders, or (iii) release of any hazardous or regulated substances or waste onto, into, or from the Premises or other Airport property, connected in any way with Lessee's operations or the action or inaction of Lessee, its agents, or employees, regardless of whether the act, omission, event, or circumstance constituted a violation of applicable law at the time of the occurrence. The rights and obligations set forth in this Paragraph shall survive the termination of this Lease. B. NOTICE — Notwithstanding the above indemnifications, Lessee must give the Aviation Director notice of any matter covered hereby and forward to the Aviation Director copies of every demand, notice, summons, or other process received in any claim or legal proceeding covered hereby within 10 working days of Lessee's receipt of said notice, demand, summons, or other process. C. INDEMNITY WAIVER — Lessee, if a charitable association, corporation, entity, or individual enterprise having or claiming an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, hereby Page 11 of 14 Kelly Farm and Grazing Lease 8-26-13 expressly waives its right to plead defensively the immunity or exemption as against City, including its officers, employees, agents, or representatives, as the case may be. Section 29. Insurance. A. Lessee must provide insurance in the amounts and types of coverages required by the City's Risk Manager ("Risk Manager"), a copy of which is attached and incorporated as Exhibit C. Lessee's insurance company must provide the Aviation Director and Risk Manager certificate(s) of insurance 30 days prior to the annual anniversary date of the Effective Date of the Lease, which shows the levels and types of insurance. B. The Risk Manager shall annually assess the levels and types of insurance required by the Lease. The Risk Manager may increase or decrease the levels or types of insurance by giving Lessee notice no less than 60 days prior to the annual anniversary date of the Effective Date of the Lease. Lessee has 30 days to procure the changed insurance and provide written proof of insurance to the Aviation Director. C. All insurance required by this Lease must be primary insurance and not in excess of or contributing with other insurance which Lessee may carry. All policies must name the City as an additional insured. Section 30. Notice. A. Notices are sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service as addressed below: If to the City: If to Lessee: Corpus Christi International Airport James P. Kelly Attn: Aviation Director 6601 Bear Lane 1000 International Drive Corpus Christi, Texas 78406 Corpus Christi, Texas 78406 B. Either party may change the address to which notices are sent under this section by providing a change of address, in writing, to the other party within ten (10) business days of the change. Section 31. General Provisions. A. Mineral Rights. City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises. B. No Waiver of Forfeiture. Any failure or neglect of the City Manager or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive the City's or the Lessee's right thereafter to declare a forfeiture for a similar, other, or succeeding breach or default. C. Force Majeure. Neither the City nor Lessee will be deemed to be in breach of this Lease Page 12 of 14 Kelly Farm and Grazing Lease 8-26-13 if either is prevented from performing any of its obligations hereunder by reason of force majeure. "Force majeure" means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, including inclement weather or periods of excessive rain or snow, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions or requirements, governmental regulations, governmental controls, inability to timely obtain governmental approvals, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, excluding the obligations imposed with regard to the payment of rental and other charges to be paid by Lessee pursuant to this Lease. D. Rules and Regulations. The Aviation Director may adopt and enforce rules, regulations, and policies to be uniformly applied to similar uses and users of similar space, which Lessee agrees to observe and obey with respect to the use of the Premises and the Airport, and the health, safety and welfare of those using the Premises and the Airport. E. Headings. The titles and headings in this Lease are used only for reference and in no way define or limit the scope or intent of any provision of this Lease. F. Venue. Venue of any action brought under this Lease lies in Nueces County, Texas, exclusively, where the Lease was executed and will be performed. G. Successors and Assigns. Subject to the limitations upon assignment and transfer contained herein, this Lease binds and inures to the benefit of the parties hereto, their respective heirs, successors, and assigns. H. No Third Party Benefit. No provision of this Lease creates a third party claim against the City of Corpus Christi, the Airport, or Lessee, beyond that which may legally exist in the absence of any such provision. I. Taxes and Licenses. Lessee must pay, prior to the past due date, all taxes of whatever character, including ad valorem and intangible taxes, that may be levied or charged upon the Premises or operations hereunder and upon Lessee's rights to use the Premises, whether the taxes are assessed against Lessee or City. Additionally, Lessee must pay any and all sales taxes arising in connection with its occupancy or use of the Premises whether the taxes are assessed against Lessee or City. Lessee must obtain and pay for all licenses or permits necessary or required by law for the installation of equipment and for the conduct of its operations under this Lease. If Lessee wishes to contest any tax or charge, that contest will not be a default under the Lease so long as Lessee diligently prosecutes the contest to conclusion and promptly pays whatever tax is ultimately owed. Furthermore, Lessee must pay any taxes not being contested prior to the past due date, J. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from its operation on the Premises. Lessee must provide and use,within Lessee's leased area, suitable sealed and fireproof receptacles approved by the Aviation Director for all trash and other refuse generated by Lessee's use of the Premises. The piling of boxes,barrels, or other similar items in or within view from a public area is Page 13 of 14 Kelly Farm and Grazing Lease 8-26-13 not permitted. K. If Lessee consists of two or more individual persons or entities, each person or entity named in this Lease is jointly and severally liable for all performances, obligations, and duties imposed by the terms, conditions, and covenants of this Lease. L. Publication Costs. All costs for publication of notice of this Lease required by the City Charter, if any,must be paid by Lessee. M. Disclosure of Interests. In compliance with Section 2-349 of the City's Code of Ordinances, the Lessee shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Lease. EXECUTED IN DUPLICATE ORIGINALS this day of 12013. Attest: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager LESSEE: JAMES P. KELLY g Date James P.Kelly STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2013,by James P. Kelly, Lessee. Notary Public, State of Texas Page 14 of 14 Kelly Farm and Grazing Lease 8-26-13 n1 r A N 03 > D m o o ° e P ()co ❑ � Q f DEPARTI2ENT OF AVIATIONa`F Y�'yy}iry- PRf.PalRF.f]tlY: EXHIBI "A" APPR I': cn 7 KELLY FARM LEASE CARL GAg53 ante CORPUS CHRISTI r-. INTERNATIONAL AIRPORT 2012 Fi E of 1 O� AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 22, 2013 Second Reading Ordinance for the City Council Meeting of October 29, 2013 DATE: October 10, 2013 TO: Ronald L. Olson, City Manager FROM: Lawrence Mikolajczyk, Director, Solid Waste Operations LawMC_?cctexas.com 361-826-1972 Execution of agreement with MSW Corpus Christi Landfill Ltd., and Gulley-Hurst LLC, for the disposal of brush, bulky items, and construction and demolition materials. CAPTION: Ordinance authorizing the City Manager, or designee, to execute an Agreement for the disposal of brush, bulky items, and construction and demolition materials with MSW Corpus Christi Landfill Ltd., a Texas limited partnership, and Gulley-Hurst LLC, a Texas limited liability company; appropriating $150,000 of anticipated revenue in the No. 1020 General Fund and changing the FY 2013-2014, Operating Budget adopted by Ordinance 029915 by increasing Revenues and Expenditures by $150,000.00 each. PURPOSE: An agreement to dispose of brush, bulky items, and construction/demolition materials, with MSW Corpus Christi Landfill Ltd., will offer a cost effective option to the City's current waste reduction and disposal practice. Annually, it will add 4 days of life to the Cefe Valenzuela Landfill, it sends a positive message regarding the City's practice of encouraging public-private partnerships, and it extends the City's effort to improve compliance with laws regulating collection and transportation of solid waste. BACKGROUND AND FINDINGS: The location and availability of the Gulley-Hurst Type IV Landfill has afforded the City of Corpus Christi a cost effective option for the disposal of brush and bulky materials that are classified as Type IV Solid Waste. The City and representatives for the Gulley-Hurst Landfill have negotiated a mutually beneficial contract. Based on historical volumes of waste, the City expects to pay MSW Corpus Christi Landfill Ltd, approximately $400,000 per year in disposal fees under this agreement. This $400,000 expense will be offset by approximately $200,000 in savings from the elimination of brush grinding, under the BFI Landfill Operations Contract, and by$200,000 additional Municipal Solid Waste System Service Charge revenue to be collected on behalf of the City at the Gulley-Hurst Landfill. ALTERNATIVES: Continue current operations and not execute agreement with MSW Corpus Christi Landfill Ltd. OTHER CONSIDERATIONS: Activation of this agreement will significantly impact the Solid Waste Operations Department's waste diversion goals. Brush, which is separated for grinding under the existing program, represents almost half of the materials diverted from the landfill. The current waste diversion rate is slightly less than 30%. If agreement is approved, the department will need reevaluate the aggressive goal of reaching a 60% waste diversion rate within 10 years. For this reason, the contract may be considered environmentally unfriendly. On a positive note, the woody materials resulting from windstorm events in May 2010 and June 2012 have created a surplus of mulched material stockpiled in windrows at the IC Elliott Landfill. The current inventory of mulch should continue to meet the needs residents and landscape contractors for the foreseeable future. CONFORMITY TO CITY POLICY: This item conforms to City policy regarding appropriations. EMERGENCY 1 NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: City Attorney, Finance FINANCIAL IMPACT: X Operating o Revenue in Capital c.i Not applicable ,........................................... .................................................................. Project to Date Fiscal Year: 2013 Expenditures - 2014 CIP onl Current Year Future Years TOTALS ............................... .................................................................. .......................................................... Line Item Budu, et ,,,,, Revenue $150,000.00 "$200,000.00 $350,000.00 ........................................................................................................................................................................ .. Encumbered 1 Ex.ended Amount This item $150,000.00 $200,000.00 $350.„000.00 .............................................................................................................................. 0 $0 Fund(s): #1020 —General Fund Comments: Overall, the agreement is designed to be cost neutral, and should have no impact on General Fund balance. RECOMMENDATION: Staff recommends the approval of agreement and the amendment to FY 2013-14 Budget. LIST OF SUPPORTING DOCUMENTS: Ordinance, Agreement Ordinance authorizing the City Manager, or designee, to execute an Agreement for the disposal of brush, bulky items, and construction and demolition materials with MSW Corpus Christi Landfill Ltd., a Texas limited partnership, and Gulley-Hurst LLC, a Texas limited liability company; appropriating $150,000 of anticipated revenue in the No. 1020 General Fund and changing the FY 2013-2014, Operating Budget adopted by Ordinance 029915 by increasing Revenues and Expenditures by $150,000.00 each. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager or designee is authorized to execute an Agreement for the disposal of brush, bulky items, and construction and demolition materials with MSW Corpus Christi Landfill Ltd., a Texas limited partnership, and Gulley-Hurst LLC, a Texas limited liability company. Section 2. The City Manager or designee is authorized to appropriate $150,000 of anticipated revenue in the No. 1020 General Fund. Section 3. That the FY 2013-2014 No. 1020 General Fund Budget is changed to increase Solid Waste Operations Department Revenues, adopted by Ordinance 029915, by $150,000. Section 4. That the FY 2013-2014 No. 1020 General Fund Budget is amended to increase Solid Waste Operations Department Expenditures, adopted by Ordinance 029915, by $150,000, 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 , ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor AGREEMENT THiS AGREEMENT made and entered into In this day of , 2013 by and between the City of Corpus Christi, hereinafter referred to as "City", and the owners of the Gulley-Hurst Type IV Landfill, MSW Corpus Christi Landfill, Ltd. , a Texas limited partnership and Gulley-Hurst LLC, a Texas limited liability company, hereinafter referred to as"Contractors"; RECITALS A. City and Contractors desire to enter into an agreement pursuant to. which Contractors will provide services (as defined below) to City at the Gulley-Hurst Type IV Landfill (as defined below) in accordance with the terms and subject to the conditions of this Agreement;and B. City has determined that the provision of such Services by Contractors to City are in the vital and best interests of City and the health,safety and welfare of its residents and in the accordance With public purposes and provisions of applicable federal,state,county,and local laws and ordinances. NOW,THEREFORE, for and in consideration of the mutual promises contained in this Agreement and of other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge the parties hereby covenant and agree as follows: ARTICLE I. 1.01 Defined Terms. Unless the context otherwise requires, capitalized terms used in this Agreement shall have the meanings assigned to them in this Section 1.01. "Affiliate" of a Person means any other Person controlling, controlled by or under common control with such Person. "Amyement"meansthis Agreement and all the D ibitstothisAgreement "Business Day"means arty day otherthan Sahxdayorsbyor a Holiday. "Bulky items" means the following large items that have been specifically authorized for collection of specified days under section 21-14 of the Corpus Christ] Code of Ordinances: indoor and outdoor furniture, mattresses and box springs, carpet, swing sets, plastic swimming pools, large toys, bicycles, fish aquariums, and large household appliances, and incidental construction and demolition materials as defined in section 21-1 of the Corpus Christi Code of Ordinances,that may be included in loads of materials collected by Solid Waste Operations during the collection of Bulky Items. "Brush" means tree.and shrub limbs and trimmings, which are less than three (3) inches in diameter,grass clippings,weeds, leaves, and mulch. "Heavy,Brush" means tree and shrub limbs and trimmings, which are greater than three (3) inches in diameter,tree trunks, root balls, and other large plant matter. 1 "City"means City of Corpus Christi,a Texas home rule municipal corporation. "City indemnified Parties" means City and its officers,representatives,employees oragent. "City's Responsibilities"means all of City's obligations pursuant to Section 2.03. "Construction or Demolition Waste" means waste resulting from construction or demolition projects; includes all materials that are directly or indirectly the.by-products of construction work or that result from demolition of buildings and other structures, including, but not limited to, paper, cartons,gypsum board,wood, excelsior, rubber, and plastics. "Contract Year" means rolling twelve(12) month periods measured initially from the Effective Date to .the first anniversary of the Effective Date and thereafter to each subsequent anniversary of the Effective Date. "Cubic Yard" means the volume as determined by the size of the container,trailer or vehicle used to transport solid waste as evidenced by a,tag issued by the manufacturer or if such is not available the actual size of the container,trailer or vehicle as measured by Contractors. If City and Contractors cannot agree on the measurement, the term means twenty-seven cubic feet or 46,656 cubic inches. "Director" means City's Director of Solid Waste Operations or an individual designated by the Director of Solid Waste Operations. "Disposal" means the discharge,deposit, Injection,dumping,spilling,leaking,or placing of any Ty p i V so lid waste ("whether contalnerized or uncontainerized") into or on any land or water so that the Type IV solid waste or any constituent of the Type IVsolid waste may enter the environmentto be emitted Into the air or discharged into any waters,including groundwaters. "Effective Date" means the effective as of date set forth in the introductory paragraph of this Agreement. "Environment" or "Environmental" means matters relating to surface waters, groundwaters, soil, subsurface strata and ambient air. "Environmental Laws" means any Law and any judicial or administrative interpretation of a Law, including any judicial or administrative order,consent decree or judgment, relating to the Environment, health, safety or Hazardous Materials, including the Comprehensive Environmental Response, Compensation,and Liability Act;the Resource Conservation and Recovery Act; the Hazardous Materials Transportation Act; the Clean Water Act; the Toxic Substances Control Act; the Clean Air Act; the Safe Drinking Water Act;the Atomic Energy Act; the f=ederal Insecticide, Fungicide and Rodenticide Act; and the Federal Food, Drug and Cosmetic Act; and'the state or local equivalents of these Laws. "Fee" means the amount of money agreed upon by the parties,for all waste received at the Landfill, measured in cubic yards, as adjusted pursuant to this Agreement, as described on Exhibit A attached hereto. 2 "Governmental Authority" means any federal,state or local government, governmental, regulatory or administrative authority,agency orcom mission orany court,tribunal,or judicial or arbitral body. "Handled" means owned, leased, had an interest in, collected, generated, transported, stored, recycled,reclaimed, processed,disposed of,or contracted forthe disposal of. "Hazardous Materials" means: (a) petroleum and petroleum products, radioactive.materials, asbestos in any form that is or could become friable, urea formaldehyde foam Insulation; transformers or other equipment that contain polychlorinated blphenyls, and radon gas; or (b) any other chemicals, materials or substances defined as or included in the definition of"hazardous materials," "hazardous wastes," "hazardous substances," "extremely hazardous wastes," "restricted hazardous wastes," "toxic substances," "toxic wastes," "toxic pollutants," "contaminants," "pollutants," 'Infections Wastes," "medical wastes," "radioactive wastes," "sewage sludges" or words of similar import under any applicable Law. "Holida ' means any day designated as a holiday by the City of Corpus Christi. "Insurance Representative", means any management employee of the insurance company which Insures Contractors. "Landfill" means Gulley-Hurst Type IV Landfill located in Corpus Christi,Texas. "Law" means any federal, state or local statute, law, ordinance, regulation, rule, code, governmental order, requirement or rule of common law, Including any Environmental Law. "Losses" means claims, costs, losses, liabilities, damages, Injuries, fines, penalties, assessments and expenses,including reasonable attorneys'fees,all litigation expenses, and court costs. "Municipal Solid Waste System Service Charge." means a fee, imposed by the City and collected by Contractors, charged with respect to any waste delivered to the Landfill. City will provide Contractors with written instructions as to the amount of the Municipal Solid Waste System Service Charge during the term of this Agreement. "Permit"means Contractors'operating permit(s)for the Landfill. ''Person" means any individual, partnership, firm, corporation, limited liability company, association,trust, unincorporated organization, Governmental Authority or other entity. "Plan„ means the Landfill's Site Operating Plan. "Release" means disposing, discharging, injecting, spilling, leaking, leaching, dumping, emitting, escaping, emptying, seeping, placing or otherwise releasing into, upon or under any land, water or air or otherwise entering into the Environment. "Services" means all of Contractors'obligations pursuant to Section 2.02. 3 "TCEW means the Texas Commission on Environmental Quality, and any of its predecessor or successor agencies, including the Texas Water Commission and Texas Natural Resource Conservation Commission. "Term„ has the meaning set forth in Section 2.05. "Type IV Waste"means Brush, Bulky Items, Construction and Demolition Waste,and Heavy Brush. "Waste AccentanceHcurs" means Monday through Friday 8:00 am. to 5:00 p.m., but excluding any Holiday,or such other time periods totaling 45 hours per week as may be mutually agreed by the parties from time to time. 1.02 Int r r t Lion . (a) Captions. The captions in this Agreement are inserted for convenience only, and shall not constitute a part of this Agreement or be used to construe or Interpret any of its provisions. (b) Include. The terra "include" and similar terms shall be construed as if followed by the phrase "without limitation." (c) Time far Perfonnance.Whenever under the terms of this Agreement the time for performance of a covenant or condition falls upon a Sunday or Holiday,such time for performance shall be extended to the next Business Day.Otherwise,all references hereinto"days"shall mean calendardays. (d) Construction of Agreement.The parties have participated jointly in negotiating and drafting this Agreement. If a question of interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement. (e) Laws.Any reference to any Law shall be deemed to refer to the Law,as amended,and to all rules and regulations promulgated thereunder,as amended,unlessthe context.requires otherwise. AR71CLE I I LANDRLLSERVI[ES.MY'SRESPONSII LITIESANDTERM 2.01 Non-Exclusive Right to Provide Services. City hereby grants to Contractors a non-exclusive right to provide the ServioesduringtheTerm,exceptwhen mutuallyagreed upon bVthe parties. 2.02 Services Provided 4y Contractors. (a) Services. Contractors shall accept all waste, including Bulky Items, Brush, Construction or Demolition Waste and Heavy Brush, that may legally be disposed of in a Type IV Landfill delivered by the City of Corpus Christi or licensed haulers. Contractors are not bound to accept any waste not permitted under TCEQ Permit 2349 4 issued for operation of the Landfill. (b) location of Services. Contractors shall provide the Services at the Gulley-Hurst Type IV Landfill, located at 1435 Country Road 26,Corpus Christi,Texas 78415. (c) Storms and Other Disasters. The Services do not include any increased volume resulting from a flood, hurricane or other act of God over which both parties have no control that is subject to the force majeure provisions of Section 7.05. (d) Complaints. Contractors shall give all City complaints prompt and courteous attention. Contractors shall investigate all complaints and if the allegations are verified, take reasonable means to correct the complaint within 48 hours after the complaint is received. The reasonableness of the means to correct the complaint will be determined in the reasonable discretion of the Director. (e) Reports. Contractors shall deliver to City a written report regarding airspace volume calculations for the Landfill on an annual basis for each calendar year(or partial calendar year) during the term of this Agreement.The first report shall be submitted on or before January 3l,2014,and reportsfareach subsequent yearshall besubmkted on orbeforeJanuary ofeach year. (f) Collection of the Municipal Solid Waste System Service Charge. The collection and remittance of the Municipal Solid Waste System Service Charge shall be governed by "Exhibit B". (g) Charges to Customers. Nothing in this Agreement shall be construed in any way to restrict the rights of Contractors to establish its charges for tipping fees and other services provided to its customers other than the City. 2.03 City's Responsibilities. City shall provide at its expense all labor, Supervision, materials, supplies,equipment and resources to perform obligations that include the following with respect to the Landfill: (a) City shall provide Contractors with City's insurance information. (b) City shall cause City employees to conduct themselves in a professional manner while on the Contractors' premises and follow orders of Contractors' employees. (c) City shall designate the Contractors' landfill as a disposal site operated by the City's Solid Waste department for the purposes of Section 21-47 of the City's Code of Ordinances. (d) City shall deliver to Contractors' Landfill a minimum of 231,500 Cubic Yards of Type IV solid waste ("Minimum Required Disposal") during each Contract Year during the term of this Agreement. (e) In the event that City has reason to believe that it will deliver less than 425,000 tons of solid waste to the City's own Cefe Valenzuela landfill, the Contractors and the City shall renegotiate Section 2.03 of this contract. If an agreement cannot be reached, the parties shall attend mediation as prescribed in Section 8.11(a). 5 2.04 Compliance with Permit.Law, Etc. (a) Compliance with Laws and Plan. Contractors are responsible for ensuring that the use and operation of the Landfill complies with all applicable Laws and shall perform the Services in accordance with applicable Laws and the Plan. (b) TCEQ Fees. Contractors shall be responsible for the payment of all existing fees required by the TCEQto operate the Landfill. 2.05 Term. Unless earlier terminated.pursuant to the provisions of this Agreement, the term of this Agreement(the "Term") commences on the Effective Date and continues for a period of 10 years afterthe Effective Date. Parties may renew this Agreement for an additional 10 years (which if so renewed shall be deemed part of the "Term") on the same terms and conditions as set out In this Agreement.To exercise its renewal option, City must give Contractors written notice of renewal at least six months before the last day of the initial Term.Contractors shall have the right, upon 30 days' advance written notice.to City at any time during the Term of this Agreement,to terminate this Agreement. 2.06 City's Rights. (a) Phone Numbers.Contractors shall provide City a current list of names and phone numbers for use by City in the event of an emergency. (b) Examination of Books and Records. (1) City reserves the right to examine or cause to be examined, at any reasonable time upon reasonable request (but in no event more often than quarterly during the Term of this Agreement,the books, papers and records of Contractors solely to the extent they relate to verifying Contractors' compliance with the terms of this Agreement. (2) If City needs copies of any such records it has reviewed, before any copy of.a Contractors record is removed from Contractors offices, Contractors shall have the right to review the copy to determine if the copy contains any privileged commercial information, and to mark each sheet of paper that contains any privileged commercial information with a notation that it contains proprietary information that should not be made available to the public. (3) All copies with the proprietary information notation will be treated by City as privileged commercial information under Section 552.110 of the Texas Public Information Act, Chapter 552,Texas Government Code. (4) If a request is received for the information, the request and information will be forwarded to the Attorney General for a determination under Section 552.301 of the Act. (5) The City will withhold the information from the requester under Section 552.305 of the Act,until after the Attorney General's decision is received. 6 (6) The City shall not release any information unless directed to do so by the Attorney General. .(7) Any officer or authorized employee of City may enter upon the Landfill with notice at any time, for any purpose incidental to City's retained rights of and in the Landfill; provided, however, that any such entry shall not interfere with the Services. ARTICLE Ili. LEES 3.01 Fees. (a) Generally. During the Term, City shall.pay Contractors the Fee for all waste received at the Landfill. (I) For purposes of determining the amount due Contractors from City, Contractors shall provide City with a detailed listing of all transactions at the Landfill within five Business Days after the end of each calendar month, with such listing being sufficient to show the monthly Cubic Yardage upon which the Fee for the month is based, as well,as a total of the Municipal Solid Waste System Service Charge collected. Contractors shall provide City with a bill based on such listing within five Business Days. Fee payments shall be made by the City to the Contractors by the last Business Day of the month following the calendar month in which the waste was received at the Landfill..After reasonable advance notice given to Contractors, Contractors shall permit City's designated representatives to have access to the Landfill records, during Waste Acceptance Hours and at City's expense, for inspection and copying of Contractors books and records pertaining to the determination of the yardage in question. 3.02 Annual Adiustment cf Fee.The Fee shall be Increased or decreased annually, commencing on October 1, 2014 and on that same date for each subsequent year during the term of this Agreement, by the greater of the percentage increase or decrease, if any, in the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor, All Items, for urban wage earners and clerical workers for the South Urban area. The base month for such calculations. (the denominator in the calculation) shall be June 2013, and adjustments shall be based on the index published for June of each year (the numerator in the calculation), with the rate adjustment to be effective as of October 1 of each year. 3.03 Adustment of Fee for Change in Laws,Permit or Plan.Contractors shall have the right to increase the Fee from time to time to cover any increase in its costs to provide the Services as a result of a change in the Insurance requirements imposed by this Agreement, in any applicable Laws, in the Permit or in the Plan and not resulting from Contractors' negligence.Any such increase shall be effective upon one month's written notice by Contractors to City, unless City objects in writing to such increase, (with City not to unreasonably object), subject to City Council annual funding. 3.04 Percentage of Municipal Solid Waste System Service Charge. During the Term,Contractors agrees to collect the Municipal Solid Waste System Service Charges assessed by the City's Code of Ordinances on loads of Type IV solid waste delivered to the Landfill by commercial haulers from customers within the corporate limits of the City as provided in Exhibit B attached. City agrees to remit a portion of such MSW . System Service Charges collected to Contractors as provided on Exhibit.B in consideration of Contractors' 7 providing the capacity.for solid waste disposal under this Agreement. City agrees that for the term of this Agreement Landfill shall be considered the same as any other disposal facility operated by City for the purposes of assessment of the Municipal Solid Waste-System Service Charge. ARTICLE IV. ASSIGNMENT _4.01 Assignment. Contractors may assign this Agreement or any portion thereof upon first obtaining the' prior written consent of City acting through its City Council, which consent shall ° not be unreasonably withheld. Notwithstanding the foregoing,-Contractors (i) Contractors may, without notice to or consent of City, assign this Contract to any purchaser of all or a portion of the L a n d f i l l, and (!I) Contractors may, without notice to or consent of City, collaterally assign the Agreement to any lender to Contractors or any of its Affiliates. City may, upon written notice to Contractors but without Contractors' prior written consent, assign all or any portion of this Agreement for any lawful purpose; provided, however, that such assignment shall not relieve City of any obligation under this Agreement without the consent of Contractors. 4.02 Release of Contractors' Liability. If an assignment of this Agreement shall be made by Contractors or any successor of Contractors, the assignee shall be subject to the same terms and conditions contained in this Agreement, and Contractors or any successor herein so assigning and conveying shall thereafter be forever released and discharged frond this Agreement and from the agreements and covenants contained In this Agreement if the assignee covenants to assume all obligations and duties of Contractors under this Agreement. ARTICL) V, INSURANCE:INDEMNITY 5.01 'Insurance. (a) Generally. Contractors agree to secure and maintain at Contractors' expense, during the Term, insurance of the type and with the amount of coverage shown on the attached Exhibit C,which is incorporated in this Agreement by reference. (b) Certificate of Insurance. At least ten Business Days priorto the commencement of any Services at the Landfill, Contractors shall furnish an original completed Certificate(s) of Insurance to the Director, which have been completed by an agent authorized to bind the named underwrlter(s) and their company to the coverage, limits, and termination provisions shown on the Certificate(s) of Insurance, and which furnish and contain all required information referenced or indicated on the certificate(s). (i) The original certificate(s) must have the agent's ' signature, including the signer's company affiliation, title, and phone number, and be mailed directly from the agent to the Director. (il) City has no duty to pay or perform under this Agreement until the certlficate(s) have been delivered to the Director, and no officer or employee, other than City's Risk Manager or City Manager, have authority to waive this requirement. 8 (c) City reserves the right to review the insurance requirements of this Section during the effective period of this Agreement and any extension or renewal of this Agreement and to modify insurance coverage requirements and their limits when deemed necessary and,prudent by the Risk Manager `based upon changes In statutory law, court decisions, or circumstances surrounding this Agreement. (d) Contractors'financial integrity is of interest to City,therefore,subject to Contractors' right to maintain reasonable deductibles in such amounts as are approved by City's Risk Manager, Contractors shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension of this Agreement, at Contractors' sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and rated B+ or better by A.M. Best Company and/or otherwise acceptable to City. (e) Contractors agree that with respect to the above required insurance, all insurance contracts and Certificate(s)of insurance will contain the following required provisions: (1) Show City (City, for this purpose, is defined as the municipal corpo ration, its elected officials, officers, directors, employees, agents, and representatives) as additional insureds (as the interests of each insured may appear), as to all applicable coverages with respects to operations and activities of, or on behalf of, the named insured performed under Agreement with City, for the commercial general liability coverage. (ii) Contractors' insurance must be deemed primary with respect to any insurance or self insurance carried by City for liability arising out of operations under the Agreement with City. (ill) Workers' compensation and employers' liability policy must provide a waiver of subrogation in favor of City except for the sole negligence of City. (iv) Contractors shall cause Contractors' Insurance Representative shall notify City, in writing,in the event of any notice of cancellation,non-renewal,or material change in coverage. (A) The written notice of any notice of cancellation or non- renewal must be given not less than thirty (30) days prior to the cancellation or non-renewal. (B) The written notice of any cancellation due to non-payment of premiums must be given not less than ten (10) days prior to the cancellation for nonpayment of premiums. (C) The written notice for cancellation due to non-payment of premiums must be accompanied by a replacement Certificate of Insurance or Reinstatement Notice of Coverage. (I]) All written notices under this subsection shall be given to 9 the City at the following address: City of Corpus Christ] Director,Solid Waste Operations 2-525 Hygeia Street Corpus Christi,Texas 78415 (f1 If Contractors fail to maintain the insurance coverage required by this Section and Exhibit C, or fails to secure and maintain the required endorsements, City may obtain such insurance, and deduct and retain the amount of the premiums for the insurance from any sums due under the Agreement. (i) However, procuring of Insurance by City is an alternative to other remedies City may have,and is not the exclusive remedy for failure of Contractors to maintain the insurance or secure an endorsement. (li) In addition to any other remedies available, City may require Contractors to stop Services under this Agreement, or to withhold any payments) which become due and payable to Contractors under this Agreement, until Contractors demonstrates compliance with the requirements of this Section. (h) Nothing In this Section may be construed as limiting in any way the extent to which Contractors may be held responsible far payments of damages to persons or property resulting from Contractors or its subcontractors' performance of the Services under this Agreement. (i) City may declare Contractors in default of this Agreement if more than 30 days have elapsed since original date of requested insurance documents and Contractors has not delivered the requested insurance documents to City. 0) If Contractors` workers' compensation insurance coverage for its employees working at the Landfill is terminated or cancelled for any reason, and replacement worker's compensation insurance coverage meeting the requirements of this Agreement is not in effect on the effective date of cancellation of the worker's compensation insurance coverage to be replaced, then any Contractors employee not covered by the required worker's compensation insurance coverage may not perform: any Services at the Landfill. (k) In accordance with other requirements of this Agreement, Contractors may not permit subcontractors or others to work at the landfill, unless all individuals working at the landfill are covered by worker's compensation insurance and unless the required documentation of such coverage has been provided to Contractors andthe Director. (I) In the event of an accident resulting from the Services or occurring on the portion of the landfill on which Contractors is providing the Services,Contractors shall: (A) Promptly provide the City with a brief description of the accident,including the date of the accident and the persons involved,and (B) Furnish the City with copies of all non-confidential reports to any independent third parties relating to the accident at the same time that such reports are forwarded to such independent third parties. Independent third parties shall not include Contractors or its Affiliates'employees, agents, 10 insurers, attorneys or other representatives, and in no event shall Contractors be obligated to provide any internal report,any report that is privileged or constitutes attorney work product, or any report that is not forwarded to an independent third party. It shall be Contractors 's primary responsibility for immediately notifying the carriers of any or all insurance under this Agreement in the event of a known loss or claim presented to Contractors by the City or a third party and resulting from the Services or occurring on the portion of the Landfill on which Contractors Is providingthe Services. (m) In the event of an accident resulting from the City's Responsibilities or occurring on the portion of the landfill on which the City is performing the City's Responsibilities,the City shall: (A) Promptly provide Contractors with a brief description of the accident, including the date of the accident and the persons involved;and (B) Furnish Contractors with copies of all non-confidential reports to any independent third parties relating to the accident at the same time that such reports are forwarded to such independent third parties. Independent third parties shall not include the City or its employees, agents, insurers, attorneys or other representatives,and in no event shall the City be obligated to provide any internal report, any report that is privileged orconstitutes attorney work product,orarry reportthat is rotforwarded to an independent third party.It shall be the Cry's primary responsibility for immediately notifying the carriers of any or all insurance under this Agreement in the event of a known loss or claim presented to the City by Contractors or a third and resulting from the City's Responsibilities or occurring on the portion of the landfill on which the City is performing the City's Responsibilities. (n) Contractors shall obtain an endorsement to the applicable insurance policy, signed by the insurer,stating. "In the event of cancellation,each insurer covenants to mail prior written notice of cancellation to: "1. Name: CityofCarpusQYM Director,Solid Waste Operations 112. Address: 2525 Hygeia Street Corpus Christi,Texas 78415 113. Number of days advance notice:30" (o) At least ten Business Days prior to the commencement of any Services at the landfill under this Agreement, Contractors shall provide the Director with a certificate of insurance certifying that Contractors provides worker's compensation insurance coverage for all employees of Contractors employed at the landfill under this Agreement (p) Contractors shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that City is an additional insured under the insurance policy.The City need not be named as additional insured on worker's compensation coverage. 5.02 Indemnification. (a) Contractors agree to indemnify, defend and hold the City Indemnified Parties hornless from and against any and all Losses (and Contractors shall bear the cost of one firm of attorneys selected by Contractors, but reasonably satisfdctory to the City Attorney, in connection with such defense) paid, incurred or suffered by City Indemnified Parties to the extent resulting from or incident to, arising out of, caused by, or in any way connected with, either proximately or remotely,wholly or in part: (1) Contractors'performance under this Agreement; (ii) Contractors'use of the Landfill and any and all activities associated with Contractors'use of the Landfill under this Agreement; (iii) The violation by Contractors,its officers,employees,agents,or representatives of any Law pertaining, directly or indirectly, to this Agreement; (iv) The exercisebyContractors of its rights under this Agreement; (v) Any intentional or negligent act or omission act or omission on the part of Contractors, its officers, employees, agents, or representatives pertaining to this Agreement;or (vi) Any breach of the representations, warranties or covenants of Contractors in this Agreement: The obligation to defend includes the obligation to investigate and settle or otherwise dispose o f third parry claims. (b) Notwithstanding the foregoing, however, City acknowledges and agrees that Contractors shall have.no responsibility or liability with respect to: (i) Any Release or Handling of Hazardous Materials or violation of Environmental Laws (other than those caused by the negligent act or omission of Contractors, ); or Any Environmental condition existing at, on, under or above the Landfill (including those relating to soil and groundwater contamination, on-site waste placement, air emissions, etc.), except to the extent caused by the intentional or negligent act or omission of Contractors. ARTICLE VI. RERRFSENTA-noN .WARRANTIESANDCQVENArOs 6.01 Representations. Warranties and Covenants of Contractors. Contractors make the following representations,warranties and covenants to,with and for the benefit of City,its successors and assigns: (a) Contractors are a limited partnership and a limited liability company, respectively, duly organized and validly existing under the Laws of the state of its organization with full legal right, power, and authority to enter into and perform its obligations under this Agreement. (b) No approval, authorization, order or consent of, or declaration, registration or filing with, any 12 Governmental Authority is required for the valid execution, delivery and performance of this Agreement by Contractors,except such as have been duly obtained or made. (c) No encumbrance with respect to Environmental liability has been imposed against Contractors or the Landfill'under any Environmental Law or other applicable Law,and no facts or circumstances exist which. would give rise to the same. Further, no portion of the Landfill is listed on the CERCLIS list or the. National Priorities List of Hazardous Waste Sites or any other similar list maintained by any Governmental Authority, and Contractors:' (i) are not listed as a potentially responsible party.with respect to:the Landfill or as, a result of the operation by any Person of the Landfill under any Environmental Law or other applicable Law; (ii) have not received a notice of such listing; and (iii) have no knowledge of any facts or circumstances which could give rise to such a listing. (d) The Landfill is fully licensed, permitted and authorized to carry on its current and contemplated business under the Permit, all Environmental Laws and all applicable Laws (including zoning and land use requirements). Contractors have furnished City with a true and complete copy of the Permit; Permit applications, and subsequent amendments to the Permit. All records and correspondence between Contractors and the Texas Department of Health and the. TCEQ are of public record and available in Austin,Texas. (e) Contractors know of no reason that might be the basis for the revocation. or suspension of any of the Permit or any of the Landfill's other permits, licenses, zoning variances or other approvals. (f) No action is pending or, to the best of Contractor's knowledge, threatened, against Contractors or any other Person relating to the Landfill or the transactions contemplated by this Agreement, at Law or in equity. Contractors have not received notice of any of the above, and; to the best of Contractors' knowledge, no facts or circumstances exist which would give rise to any of the foregoing. (g) Contractors have adopted a Drug Free Workplace and drug testing policy that applies to Contractors'employees at the Landfill. 6.02 Representations, Warranties and Covenants of City. City makes the following representations, warranties and covenants to, with and for the benefit of City, its successors and assigns: (a) City is a home rule municipal corporation duly organized and validly existing under the Laws of the State of Texas with full legal right, power, and authority to enter into and perform its obligations under this Agreement. (b) City has fully authorized the execution and delivery of this Agreement and has duly executed and delivered this Agreement. This Agreement constitutes legal, valid and binding obligations of City, enforceable against City in accordance with its terms. (c) No approval, authorization, order or consent of, or declaration, registration or filing with, any Governmental Authority is required for the valid execution, delivery and performance of this Agreement by City,except such as have been duly obtained or made. 13 (d) City shall not use the Landfill for any purpose other than utilizing the Services or as otherwise contemplated in this Agreement without City Manager's prior written approval (e) City shall not exhibit, inscribe, paint, erect, or affix any sign at, on,.or about the Landfill without Contractors prior written approval. Contractors may require City to remove, repaint, or repair any signs allowed within one month after Contractors' written demand to do SO. ARTICLE VII. DEFAULT 7.01 Default by City. Any one or more of the following events shall constitute an Event of Default by City underthis Agreement: (a) City files for protection under the US Bankruptcy Code and fails to make payments when due to Contractors; or (b) Any material representation or warranty made by City to Contractors herein is false, Incorrect or misleading. (c) City fails to perform any material covenant or obligation of City under this Agreement. 7.02 Contractors' Remedies. Upon or after the occurrence of any Event of Default specified in Section 7.01,Contractors may,at their option,do any or all or any combination of the following: (a) Perform at City's expense any such act required to be performed by City under the Agreement and any amounts advanced by Contractors for such purposes shall be due from City to Contractors within one month after notice by Contractors to City of any such payment, with interest at the prime interest rate on the date of the default from the date of payment thereof by Contractors until repayment thereof to Contractors by City. (b) Terminatet his Agreement. (c) Pursue against City any remedy available at Law or in equity. 7,03 Default by_Contractors. Any one or more of the following events shall constitute an Event of Default by Contractors under this Agreement: (a) Contractors fail to commence the Services within three months after the Effective Date; (b) Contractors fall to maintain the insurance required by Section 6.01; (c) Contractors files for protection under the US Bankruptcy Code and fails to make payments when due to City; (d) Any material representation or warranty made by Contractors to City herein is false,incorrect or misleading;or 14 (e) Any material failure by Contractors to provide the Services,which failure continues for five (5)days following receipt by Contractors of a notice of such fallure from City. 7.04 City's Remedies. Upon or after the occurrence of any Event of Default specified in Section 7.03,City may,at its option,do any or all or any combination of the following: (a) Terminate this Agreement, (b) Pursue against Contractors any remedy(otherthan termination ofthis Agreement)available at Law or in equity. 7.05 Force Majeure. No party to this Agreement shall be liable for delays or failures in perfnrmance due toany cause beyond their control,indudng any delays or failures in performance caused by strikes, lockouts,fires, acts of God or the public enemy, common carrier, severe inclement weather, terrorist acts, riots or interference by civil or military authorities. The delays or failures to perform 'extend the period of performance until these exigencies have been removed. Contractors shall inform City in writing of proof of the force majeure within ten Business Days orotherwise waive this right as a defense. ARTICLE VIII. MISCELLANEOUS 8.01 Title to Landfill. The City has no possessory or other right, title, interest or estate in the Landfill other than the rights granted to it under this Agreement, and the City shall in no event be deemed to have any ownership, leasehold or possessory right in or control over the Landfill. The City acknowledges that: (i) Contractors do not warrant Contractors' title to the Landfill; a n d (Ii)this Agreement and the rights and privileges granted to both parties under this Agreement are subject to all covenants, conditions, restrictions, and exceptions of record or apparent; 8.02 Governing Law., This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction otherthan the State of Texas. 8.03_ Severabilitx. (a) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future Law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the Law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph,subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. (b) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future Law effective during the Term, then the remainder of 15 this Agreement is not affected by the Law, and in lieu of any illegal, invalid,or unenforceable clause or provision,a clause or provision,as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal,valid,and enforceable,will be added to this Agreement automatically. 8.04 Amendment. This Agreement may not be amended except by a written instrument executed by each party to this Agreement acting through a person authorized to sign agreements on behalf of such party (which,in the case of City,shall be the DirectororCrty Manager). 8.05 Notices. All notices or other communications required or permitted under this Agreement by either party must be in writing and must be given by depositing the same in the United States mail, addressed to the party to be notified,postage prepaid and registered orcertifiedwith return receipt requested,by overnight courier, pre p aid, or by delivering the same in person to such party,addressed as follows: To City: The City of Corpus Christi Director of Solid Waste Operations 2525 Hygeia Street Corpus Christi,Texas 78415 To Contractor C/O Blue Door Properties Limited, Inc. 410 Pierce Street,Suite 332, Houston,TX 77002 Gulley-Hurst, L.L.C., 6421 Saratoga Boulevard. Building Number 101 Corpus Christi,Texas 78414 Notice shall be deemed given and effective the day personally delivered,the Business Day after it is given to the overnight courier,subject to signature verification, and two Business Days after deposit in the U.S. mail of a writing addressed and sent as provided above. Either party may change the address for notice by notifying the other parry of such change in accordance with this Section. 8.06 Waiver. No delay of or omission in the exercise of any right, power or remedy accruing to either party as a result of any breach or default by the other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default,or of or in any similar breach or default occurring later. No waiver of any single breach or default shall be deemed a waiver of any other breach or_default occurring before or afterthat waiver. 8.07 Entire Aereement. This Agreement is the final, complete and exclusive statement of the agreement between the parties with relation to the subject matter of this Agreement. There are no oral representations, understandings or agreements covering the same subject matter as this Agreement. This Agreement supersedes and cannot be varied, contradicted or supplemented by evidence of, any prior or contemporaneous discussions, correspondence,or oral or written agreements or arrangements of any kind. 8.08 Counterparts. This Agreement may be executed in two or more original or facsimile counterparts, each 'of which shall be deemed an original and all of which together shall constitute but one and the same instrument 16 8.09 Further Assurance. The parties each agree to do, execute, acknowledge and deliver all such further acts, instruments and assurances and to take all such further action as shall be necessary or desirable to fully carry out this Agreement and to fully consummate and efEectthe transactions contemplated hereby. 8.10 Third Parka Beneficiary. This Agreement is not intended to give or confer any benefits, rights, privileges, claims, actions or remedies to any Person, including the public, as a third party beneficiary, under any taws or otherwise. 8.11 Dispute Resolution. (a) Mediation. If a dispute arises out of or relates to this Agreement, the relationships that result from this Agreement the breach of this Agreement or the validity or application of any of the provisions of this Section 8.11,and,if the dispute cannot be settled through negotiation,the parties agree to submit the dispute to mediation prior to commencing litigation.The parties will attempt in good faith to agree on a neutral mediator to resolve the dispute. The mediation will follow thei procedures set forth in the American Arbitration Association Commercial Mediation Rules, if the parties cannot agree on a mediator within 20 days after mediation has been demanded, they will submit the dispute for mediation to be administered by the American Arbitration Association under the Commercial Mediation Rules before resorting to litigation. Neither party may commence or pursue arbitration until this non-binding mediation has been conducted and concluded. The parties agree that, upon initiating mediation, they will agree with the mediator on a time at least five days before the mediation to submit and exchange with one another detailed position papers. The position papers shall include a factual recitation of the dispute, each party's position on the facts and the law, the party's assessment of the likely outcome and its/their position on settlement. Each party will bear its own expenses incurred (including attorneys' fees) in connection with the mediation, and will equally share the mediator's fees and expenses. (b) Waiver of Sovereign Immunity. City waives any sovereign immunity it may have with respect to this Agreement,including any arbitration relatingto a breach ofthis Agreement. 8.12 No Brokers. City represents and warrants to Contractors and Contractors represent to City that the warranting party has had no dealings with any broker, agent or other Person so as to entitle such Person to a commission or fee in connection with the transactions contemplated by this Agreement. If for any reason a' commission orfee becomes or is claimed to be due with respect to dealings by City, City shall indemnify and hold harmless Contractors from all Losses relating to such claim.if for any reason a commission or fee becomes or is claimed to be due with respect to dealings by Contractors, Contractors shall indemnify and hold harmless City from all Losses relating to such claim. 8.13 Estoppel.From time to time within 20 days after request therefore by either of the parties,City or Contractors shall deliver to the other parry a certificate stating:(a)whether or not this Agreement is in full force and effect; (b) whether or not this Agreement has been modified or amended in anyway and attaching a copy of such modification or amendment; (c) whether or not there are any existing defaults under this Agreement to the knowledge of the parry executing the certificate, and specifying the nature of such defaults,if any; (d)the status of payments required by this Agreement;and(e)any other facts regarding the operation of the Agreement that the other party may reasonably request. 8.14 Survival. Termination or expiration of this Agreement for any reason does not release either party from any liabilities or obligations under this Agreement that:(a)the parties have expressly agreed sunr'nre any the termination or expiration;(b)remain to be performed; or(c) by their nature would be intended to be applicable following the 17 termination or expiration of this Agreement. 8.15 11nding Effect.This Agreement shall be binding upon and inure to the benefit of,to the extent provided herein, City and Contractors and all parties having or acquiring or claiming through City and Contractors any right, title or interest in or to any portion of, or interest or estate in, the Landfill and all covenants, agreements, conditions and undertakings in this Agreement shall be construed as covenants running with the Landfill site. Notwithstanding the foregoing, however,Contractors acknowledges and agrees that this Agreement is not binding an Gty until properly authorized by City's City Council and exeated bythe Director or City Manager. EXECUTED this the _day of . 20_, by City, signing by and through its City Manager, approved on ,and by Contractors,acting through its duly authorized official. APPROVED AS TO FO GULLEY-HURST, L.L.C. BY Douglas K.DeFratus Assistant City Attorney BY R. Bryan7Gullef -� Manager MSW CORPUS CHRISTi LANDFILL, LTD. By: Blue Door Properties Limited,lnc. Its'General Partner BZ A"O' Tom Noons President CITY OF CORPUS CHRISTI BY Ron Olson City Manager 18 EXHIBITA Fee Provisians During Waste Acceptance Hours, the Fee paid to Contractors by the City shall be$1.60 per Cubic Yard of' Heavy Brush, Brush,and Bulky Items as dei=gned In Article.l., 1.01,delivered to the Landfill. On Saturdays, Sundays and Holidays, the Fee paid to Contractors by the City shall be $2.00 per Cubic Yard of Heavy Brush, Brush, and Bulky,Items as defined in Article 1,Section 1.01 delivered to the Landfill. Regarding any load composed of more than fifty (50) percent Construction or Demolition. Waste delivered to the Landfill, the Fee paid to Contractors by the City shall be $10.00 per Cubic Yard of Construction or Demolition Waste delivered to the Landfill. If a load delivered by City to the Contractors in a container of 30 yards or less is found to contain more than five percent (5%) Construction and Demolition Waste, mixed with Heavy Brush, Brush, and Bulky Items,the City shall pay a$15 surcharge in addition to the Fee paid to the Contractors. If a load delivered by City to the Contractors in a container of more than 30 yards is found to contain more than five percent (5%) Construction and Demolition Waste, mixed with Heavy Brush, Brush, and Bulky Items,the City shall pay a$30 surcharge in addition to the Fee paid to the Contractors. Either party may request to revisit the pricing structure set forth in this attachment within first twelve months of execution. The above Fees do not include any state, federal or other governmental taxes, assessments or regulatory fees applicable to the transport or disposal of Type IV solid waste for which the City is not exempt under applicable law. 19 EXHIBIT B Municipal Solid Waste System Service Charge Provisions Contractors shall collect the City of Corpus Christi's Municipal Solid Waste System Service Charge for waste. delivered to the Landfill for all solid waste originating within the City's corporate limits. Contractors shall make reasonable efforts to determine whether or not a load of solid waste originated. within the City's corporate limits. All Municipal Solid Waste Service Charges collected shall be remitted to the City of Corpus Christi Solid Waste Operations on the first and fifteenth of every month. In consideration of the Services provided by Contractors under this Agreement, the City shall remit to Contractors ten percent (10%) of all Municipal Solid Waste System Service Charges collected by Contractors.during the previous month on the last Business Day of every month. 20 EXHIBIT C Contractors' Insurance Information 21 buS c AGENDA MEMORANDUM NaPOwa;tia First Reading Ordinance for the City Council Meeting of October 22, 2013 1852 Second Reading Ordinance for the City Council Meeting of October 29, 2013 DATE: October 9, 2013 TO: Ronald L. Olson, City Manager FROM: Lawrence Mikolajczyk, Director, Solid Waste Operations LawM(a)-cctexas.com 361-826-1972 Michael Barrera, Assistant Director of Financial Services mikeb(a)cctexas.com 361-826-3169 Appropriating Funds for and Awarding a Route Optimization Program for Refuse and Recycling Collection Service Agreement CAPTION: Ordinance appropriating $335,196 from the unappropriated fund balance in the No. 1020 General Fund into the Operating Budget of the Solid Waste Department in the 1020 General Fund for the purchase of a Route Optimization Program for Refuse and Recycling Collection; changing the FY 2013-2014 Operating Budget adopted by Ordinance 029915 by increasing appropriations by $335,196 in the No, 1020 General Fund; and awarding a service agreement to provide software, hardware and installation of a route optimization program with WM Logistics LLC, Magnolia, Texas, in accordance with Bid Invitation No. BI-0156-13, based on most advantageous proposal, for a total amount of$335,196. PURPOSE: Funding is appropriated for the purchase of a Route Optimization Program for Refuse and Recycling Collection. The software will optimize refuse and recycle collection routes to attain efficiencies in providing these services. BACKGROUND AND FINDINGS: Initially, the route optimization program was submitted by the Solid Waste Operations department as a Decision Package during the FY 2012-2013 budget process, with an estimated cost of $100,000 to $425,000. The program was approved to proceed, and $265,000 was identified in the FY 2012-13 General Fund Budget to fund the program. The amount of $265,000 was an estimated cost based on the midpoint of the $100,000 to $425,000 range. The lengthy process to solicit and evaluate proposals has delayed awarding the contract until this date. The $265,000 in funding, identified in FY 2012-13, was not spent or encumbered, and is now part of the existing General Fund's Fund Balance. ALTERNATIVES: The City received two proposals for this service. WM Logistics, LLC has been chosen as the most advantageous proposal for this service. The competitor does not have GPS tracking as a component of their software and just recently have released a prototype mobile device that has not been proven overtime. OTHER CONSIDERATIONS: Service will be divided into two phases. The initial phase will consist of a pilot program that will test the system on five refuse collection routes designated by the City. If the pilot proves to be successful, Phase II will be rolled out to the entire fleet of refuse and recycle trucks. Software will be used to configure route sizes, sequence and optimality in regards to pick up and disposal requirements. The program provides mobile devices in each of the front line trucks that will give the driver a visual representation of the route as it is being worked. GPS tracking will also allow administrative staff to monitor the progress of drivers throughout the day and make coverage adjustments as conditions dictate. The 3 month pilot program will cost of $33,784 and if successful, the full roll out will cost an additional $310,412. Annual Maintenance in the amount of $43,812 will also be provided for customer support and software upgrades for four years following the initial year of the full roll out. Approval of this program will yield a net savings in the resources dedicated to recycling and refuse collection by the Solid Waste Operations department. CONFORMITY TO CITY POLICY: This ordinance and award conforms to all State Statutes and City policies governing funding and procurement activities of the City. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: City Attorney, Finance, Budget and Strategic Management 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 175,248 175,248 Revenue Encumbered / Expended Amount This item $335,196.00 $335,196.00 BALANCE $335,196.00 $335,196.00 Fund(s): #1020 —General Fund Comments: The $175,248 shown above for years two through five of the agreement will be requested during the normal budget process. RECOMMENDATION: Staff recommends the City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance, Summary Matrix ORDINANCE APPROPRIATING $335,196 FROM THE UNAPPROPRIATED FUND BALANCE IN THE NO. 1020 GENERAL FUND INTO THE OPERATING BUDGET OF THE SOLID WASTE DEPARTMENT IN THE 1020 GENERAL FUND FOR THE PURCHASE OF A ROUTE OPTIMIZATION PROGRAM FOR REFUSE AND RECYCLING COLLECTION; CHANGING THE FY 2013-2014 OPERATING BUDGET ADOPTED BY ORDINANCE 029915 BY INCREASING APPROPRIATIONS BY $335,196 IN THE NO, 1020 GENERAL FUND; AND AWARDING A SERVICE AGREEMENT TO PROVIDE SOFTWARE, HARDWARE AND INSTALLATION OF A ROUTE OPTIMIZATION PROGRAM WITH WM LOGISTICS LLC, MAGNOLIA, TEXAS, IN ACCORDANCE WITH BID INVITATION NO. BI-0156-13, BASED ON MOST ADVANTAGEOUS PROPOSAL, FOR A TOTAL AMOUNT OF $335,196. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $335,196 is appropriated from the unappropriated fund balance in the No. 1020 General Fund into the Operating Budget of the Solid Waste Department in the 1020 General Fund for the purchase of a Route Optimization Program for Refuse and Recycling Collection. Section 2. That the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 is changed by increasing appropriations by $335,196 in the No. 1020 General Fund. Section 3. That the following purchases are approved: awarding a service agreement to provide software, hardware and installation of a route optimization program with WM Logistics LLC, Magnolia, Texas, in accordance with Bid Invitation No. BI-0156-13, based on most advantageous proposal, for a total amount of$335,196. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor City of Corpus Christi Route Optimization Program October 22, 2013 BI-0156-13 Summary Matrix WM logistics, LLC RouteSmart Technologies Available Points Magnolia, Texas Columbia, Maryland Methodology 20 17.76 12.17 Profile 30 24.17 20.75 Price 40 38.18 40.00 Exceptions 10 5.00 0.00 Score 85.11 72.92 Cost $335,196 $319,620 (1) Incomplete (1) Pricing does not inlcude GPS tracking software. NCVI N YY p!X.hryPEP AGENDA MEMORANDUM First Reading at the City Council Meeting of October 22, 2013 Second Reading at the City Council Meeting of October 29, 2013 DATE: October 4, 2013 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager WesP @cctexas.com (361) 826-3082 Ordinance appropriating Hotel Occupancy Tax Funds for Convention Center Capital/Maintenance at the American Bank Center. CAPTION: Ordinance appropriating $1,591,601.36 from reserved fund balance in the No. 1030 Hotel Occupancy Tax Fund for Convention Center Capital/ Maintenance at the American Bank Center; changing the FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures by $1,591,601.36. PURPOSE: The purpose of this agenda item is to appropriate funds relating to Convention Center Capital/Maintenance at the American Bank Center. BACKGROUND AND FINDINGS: At the end of FY 2012-2013, there was $1,591,601.36 remaining in the Hotel Occupancy Tax Fund for Convention Center Capital/Maintenance at the American Bank Center. This agenda item will appropriate these funds so that they can be expensed in current fiscal year, FY 2013-2014. ALTERNATIVES: Not appropriating funds remaining from FY 2012-2013; appropriating by individual expense as it occurs. OTHER CONSIDERATIONS: Contracts will be brought forward by the Engineering Department later in the year. This appropriation will make those funds available. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: • Financial Services Department • Legal Department FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-14 (CIP only) Current Year Future Years TOTALS Line Item Budget $3,559,797.86 $3,559,797.86 Encumbered / Expended Amount $547,415.76 $547,415.76 This item $1,519,601.36 $1,519,601.36 BALANCE $4,531,983.46 $4,531,983.46 Fund(s): Fund 1030 "Hotel Occupancy Tax Fund" COMMENTS: N/A RECOMMENDATION: Staff recommends that City Council approve each part of this agenda item as presented. LIST OF SUPPORTING DOCUMENTS: N/A Page 1 of 2 Ordinance Appropriating $1,591,601.36 from reserved fund balance in the No. 1030 Hotel Occupancy Tax Fund for Convention Center Capital/Maintenance at the American Bank Center; changing the FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures by $1,591,601.36. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $1,591,601.36 is appropriated from reserved fund balance in the No. 1030 Hotel Occupancy Tax Fund, for Convention Center/Maintenance at the American Bank Center. SECTION 2. That the FY 2013-2014 operating budget adopted by Ordinance 029915 is amended to increase expenditures by $1,591,601.36. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Ordinance-HOT Fund Appropriation Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Ordinance-HOT Fund Appropriation 1i S AGENDA MEMORANDUM CORPOR First Reading Ordinance for the City Council Meeting Vf October 22. 2O13 ^`--1852~' Second Reading [>nd\naOca for the City (}0uDd| K8eohOg of October 29. 2013 DATE: October 4. 2U13 TO: Ronald L Olson, City Manager FROM: Laura Z. BarcY��LibraryDirector O20-7O7O Ordi ance ratifying the acceptance of a$7,525 grant from the Texas State IJibrary and Archives Commission (I CAPTION: Ordinance ratifying the acceptance Dfm $7.525 grant from the Texas State Library and Archives Commission /TSLAC\ and execution ofthe contract and all related documents with TQLACtO participateinthe |mpa(tGrantP[DgramfVrtheperiOdofSepternber1. 2013throuQh &ugust31. 2014; and appropriating $7,525 from the TSLAC in the Library Grants Fund No 1068 to continue the TSLAC Impact Grant Program through the period of September 1, 2013 through August 31. 2U14. To enhance and expand family and early childhood literacy programs offered by Corpus Christi Public Libraries. FINDINGS:BACKGROUND AND Corpus Christi Public Libraries was awarded a competitive grant from the Texas State Library and Archives Commission. These federal funds originate from the Institute of Museum and Library Services (|K8LS) Family literacy programs are an integral component Vf library services. Corpus Christi Public Libraries will purchase touch-screen tablets (approximately 35) to expand its children's program slate by introdudng Tech Time Story Time. This interactive story time will have a technology component which will focus on enhancing family and early childhood literacy skills. To reinforce the sk|||8 modeled during Tech Time Story Time the tablets will be made available for in-house use to caregivers attending this program The tablets will also be used to expand game day programs. ALTERNATIVES: None CONSIDERATIONS:OTHER Not applicable CONFORMITY TO CITY POLICY: This conforms to policy regarding appropriations. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: o Operating X Revenue o Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $7,525.00 $7,525.00 BALANCE $7,525.00 $7,525.00 Fund(s): Comments: None. RECOMMENDATION: Staff recommends appropriation of funds. LIST OF SUPPORTING DOCUMENTS: IMPACT Grant Contract. Ordinance ratifying the acceptance of a grant in the amount of $7,525 from the Texas State Library and Archives Commission ("TSLAC") and execution of a contract and all related documents with TSLAC to continue the TSLAC Impact Grant Program for the period of September 1, 2013 through August 31, 2014; and appropriating $7,525 from the TSLAC in the Library Grants Fund No. 1068 to continue TSLAC Impact Grant Program BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The acceptance of the TSLAC grant in the amount of $7,525 and the execution of the contract and all related documents with TSLAC to participate in the Impact grant Program for the period of September 1, 2013 through August 31, 2014 is ratified. SECTION 2. That $7,525 from the TSLAC is appropriated in the Library Grants Fund No. 1068 to continue the TSLAC Impact Grant Program through the period of September 1, 2013 through August 31, 2014. 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 TEXAS STATE LIBRARY &ARCHIVES COMMISSION IMPACT GRANT PROGRAM Grant Number:47544009 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission(TSLAC) . Grantee: City of Corpus Christi,Corpus Christi Public Libraries 805 Comanche St Corpus Christi,TX 78401 II. TERM OF GRANT September 1,2013,through August 31,2014(SFY 2014) M. STATEMENT OF SERVICES TO BE PERFORMED, Grantee shall provide services as outlined in the approved grant application. Grant funds must be used to meet TSLAC and federal goals.The Grantee must report information relating to best practices and performance outcomes.The Grantee will comply during the period of this contract and provide services as outlined within the approved grant application (impact Grant for State FY14) as approved by the Grantor. The approved grant application submitted by Grantee is incorporated into this contract as if fully set forth herein. In the event of any conflict between the grant application and this contract,this contract shall prevail. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A- The total amount of the grant shall not exceed:$7,525.00 B. Source of funds: Federal Funds,CFDA#45.310:Federal Award#iLS-00-13-0044-13 Institute of Museum and Library Services,State Library Program(IM1.S) Federal Fiscal Year 2013 C. The Grantee must request payments from Grantor using the TSLAC Request for Funds form (RFF) via the electronic TSLAC Grant Management System(GMS),located at https://gms.tsl.state.tx.us/.Requests may be submitted to Grantor no more often than once per month,and no less often than once per quarter.Funds will be processed and paid to the Grantee provided Grantor has received a fully executed contract,and Grantee has fulfilled all reporting requirements for current and preceding contracts and submitted supporting documentation with the RFF. D. The Grantee is restricted to one of two methods for requesting funds from Grantor.The Grantee may request reimbursement of actual expenditures for the Grantee's normal billing cycle,or advance payment for estimated expenditures to be incurred for the upcoming 30 days. Only Grantees providing documentation to demonstrate a lack of sufficient working capital and the ability to minimize the time elapsing between transfer of funds from Grantor and disbursement of grant funds will be allowed to request advance payments. E. When submitting an RFF for reimbursement,the Grantee must provide Grantor with documentation,such as invoices,time sheets, and/or pay stubs, to support the amount requested before payment will be processed.Grantee must submit the final request for reimbursement no later than September 30,2014, F. The Grantee may not obligate or encumber grant funds after August 31,2014. All obligations and encumbrances must be liquidated or paid no later than October 15,2014. & Interest earned in excess of $100 on advanced funds, must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management Standards(UGMS). All unexpended grant funds must also be returned to Grantor with the Final Financial Status Report(FSR) per requirements in UGMS,Section ill,Subpart D,Sec 50(d)(2), See Section VI, B. of Ahis contract for FSR due dates, As part of the reporting requirements in Section Vl,the Grantee will regularly notify the Grantor of the amount of projected unexpended funds. The Grantor reserves the right to act as necessary to reduce any unexpended balances,including reducing the grant amount specified in Section IV,A-above, H. Per the approved grant application,funds are authorized according to the following budget: Personnel $0.00 Frinee Benefits $0.00 Travel $0.00 . F4W12menLIPrcioertX $6,750.00 Supplies $125,00 ContEactual $650.00 Other $0.00 Total $7,525.00 l' 7 fIry '14 Ir J, FY 2014 Impact Grant 1 of 7 TSI-Ai7 V. REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES The Grantee must request a Budget and/or Program Revision for fiscal and/or programmatic changes as outlined in this Section.Grantee must submit a request for Budget and/or Program Revision electronically on the TSLAC GMS. Under no condition may a Grantee request to exceed the total grant amount_Grantor must receive all change requests on or before July 15,2014.Requests received after this date will generally be denied, but.may be considered on a case-by-case basis if extenuating circumstances exist. Grantee must submit a Budget and/or Program Revision to Grantor before obligating or expending grant funds under any of the following conditions. A. Fiscal changes require an approved Budget Revision under any of the following conditions: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten(10)percent of the total grant;and/or, 2. Transferring any funds into a budget cost category that currently equals zero(SO);and/or, 3. Expending any program income earned through the utilization of resources funded by this grant;and/or, 4. Changing the items listed in the approved budget categories if an Item's cost or features are substantially different from what the approved grant application specifies,or from a previously approved fiscal or program revision. B. Programmatic changes to the approved grant application require an approved Program Revision under any of the following conditions: 1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant;and/or, 2. Changing the scope or objectives of the approved program,regardless of whether there is an associated budget revision.A change in scope is a substantive difference in the approach or method used to reach program objectives. VI. EQUIPMENT AND PROPERTY REQUIREMENTS A If conditions described in Section V. A 1 are met, fiscal changes to items listed in the Equipment/Property Budget category specified in Section IV.G of this contract require a Budget Revision.This is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired.Ancillary charges such as taxes, ,duty, protective in-transit insurance, freight, and installation may be included in or excluded from the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices(GAAP) B. The Grantee will comply with UGMS Part 111,Subpart C,Sec.32(d)(3)requiring certain items of equipment to be maintained on inventory ifthe.item'scost is between$500 and$1000. C. The Grantee agrees to submit the most current TSLAC Equipment/Property Report electronically via the TSLAC GMS with the Final FSR,but no later than October 31,2014,for all equipment/property purchased with grant funds during the SFY14 grant year. This list must balance with the equipment/property purchased under the approved grant application and all subsequently approved Budget and/or Program Revisions. D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application. Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. E. Subject to the obligations and conditions set forth in the UGMS Part III,Subpart C,Sec.32,title to equipment acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the required bi-annual property inventory, and follow the UGMS Part 111, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This biennial inventory does not need to be submitted to Grantor, but must be maintained by the Grantee and will be subject to review by Grantor.When property is vested in the Grantee,Grantee will dispose of equipment/property in accordance with the UGMS Part III,Subpart C,Sec.32(e).When the Grantee has been given federally-or state-owned equipment/property,Grantee will follow the UGMS Part 111,Subpart C,Sea 32(f). VII. REPORTING REQUIREMENTS The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services.In accepting these grant funds,the Grantee acknowledges responsibility for performing certain services on behalf of the Grantor,as outlined in the approved grant application.Therefore,the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to the Grantor.To comply with these requirements, the Grantee agrees to submit reports that are timely,accurate,auditable,and consistent with definitions. A. The Grantee agrees to submit performance reports detailing grant-funded activities via the TSLAC GMS on or before due dates listed in the following schedule. In the event that a due dale falls on a weekend or state holiday, the respective report will be due.on the next business day. Grantee agrees to submit Legislative Budget Board (LBB) measures as defined by TSLAC in the reports,and to work with agency staff in the development and reporting of Project outcomes. Reaortine Period Due Date P1(September 1,2013—February 28,2014) March 7,2014 P2(March'I,2014-August 31,2014) September 7,2014 FY 2014 impact Grant 2 of 7 T51-AC B. The Grantee agrees m submit Financial Status Reports via ft TSLAC GMS onmbefore the due dates listed inthe following schedule.In the event that odue date falls nn a weekend or state hoUday he respective report will be due on the next business day.Grantee should submit oFinw|FSd once all giant funds have been expended and reimbursed. Reportina Period Due Date PI (September 1,20x3—February 28,2014) March 3l`20/4 P2(March l,20l4'August 31,2014) 8enuimber 30,z0/4 |n the event the Grantee has not received the final reimbursement by August 31,2Ol4.ofinu|ySB must te submitted nolater than October Jl,28l4,to,report any funds received after August 3l.2U|4. C. 7hn Grantee agrees to submit the Grant Checklist report form our the grant funded under this contract no later than October 31,2U%4. D. 'Me Grantee will send the Grantor copy of all management letters issued by an auditor with the rU package. As specified in UGMS Part IV,Subpart B,Sec.235(c),the audit shall be completed and submitted within the earlier of 30 days after receipt of the auditor's repori(s),or nine months after the end of the audit period,unless a longer period is agreed to in advance by the slate agency that provided the funding or a different period is specified in a pTogram-specific audit guide.The audit's Schedule of Expenditures of Federal and State Awards must list the amount of TSLAC awards expended for each award year separately. E. The Grantor reserves the right m withhold final paymmooUisGmmunh|al| requimdmportsmvsubmiued. V01. GENERAL TERMS ANDCONDMK»NS A. Thv Grantee will comply with the Impact Grant Program Guidelines for SFY2O]4. B. The Grantee will Fumpiv with the Qv|rs for Administering UnlmpnctGmnt,Texas Administrative Code, Title 13, Part l. Chapter 2, Gvbcbu W C, Division 7, Rules 2.910-2.912; and Title 13, Part I' Chapter 2, Subchapter C, Division /. au|co 2.110-2.119 regarding General Grant Guidelines. C The Grantee will comply with the following rules and guidance as applicable from the Texas Uniform Grants Management Standards(UGMS) (www.govemor.state.�cuslfileslsiate-grantslUGMS062004.doc),Code of Federal Regulations(CFR) (www.ecfr.gov),and.federal Office of Management and Budget(OMB)'grants circulars (l) Cost Principles for State, and Local Governments and Other Affected Entities(UGk4O.Section D| adapted from OMB Circular A-87(20R225))wc Cost Principles for Educational Institutions(2CFR27-0(OMB Circular A-210nr Cost Principles for Non-Profit Organizations(2 CFl230(OMB Circular A-122)); (q State Uniform Administrative Requirements for Grants and Cooperative Agreements(UGMS,Section III;adapted from OMB Circular&'l04or Uniform Administrative Requirements for Grants and Agreements With Institutions o{Higher Education, Hospitals, and Other Nnn'Pmfi(Organizations(ZCFR 215(OMB Circular A-Il0));and (]) State n[Texas SioQ|**Audi/Circular(UGMS'Section IV;adapted from OMB Circular A'l33}. D. The 0omtuc will comply with OOMS Part oll. Subpart C, Sec. 34 Copyrights. [MLS and T8LAC reserve a myu|ry'Uze� noncxclusive,and irrevocable license to reproduce,publish or otherwise use,and to authorize others to use, for Federal'or state government purposes: (a)The copyright in any work developed under a granL subgrant,or contract under a grant or subgrant;and (b)Any rights of copyright m which u8mmer,subgrunteev,u contractor purchases ownership with grant support. E. All pvb|{6,y ndaUog to the grant mvund must include acknowledgement of the Institute of Museum and I-ihmry Services (kop:Vw*v°jmis.Qpv/rodpirnts/im|s acknow I edge men Laspx),and the Texas State Library and Archives Commission.Publicity includes,but io not limited/o press releases,media events,public events,displays iu the benefiting library,announcements uo.Uo Grantee's website,and materials distributed through the grant project The Grantee will provide Grantor with one set of all public relations materials produced under this grant with the Final Performance Report. F. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the Texas State Avdhn,t Office,v,any successor agency,m conduct=v audit or(rivestigation in U with those funds,Granice further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation,including providing all records requested.Grantee will ensure that this clause concerning the authority m audit funds received indirccUy hySub- grantees through Grrintee and the requirement to cooperate is included in any sub-grant awarded. O. Tkc Grantee agrees to maintain all financial and programmatic records, supporting documents, mudxJqd ^xo,d», and vW,, records relating to this grant award for three years after the last State Program Report for the Texas LSTA 5-Yaur Plan 20l]2O|7 is submitted on Mcember 31,2018,The Grantee must maintain all.grant related records through December 31,202L In the event the Grantee or receiving entity no longer exists,the Grantee will notify the Grantor In writing providing the oxunemf The legal entity that will maintain the cnnreux and the location ur said records. rvzm^Impact Grant 3"/z roLAc H. This grant may be terminated by written notice and mutual agreement of both parties.The termination notice must be given no less than 30 days prior,to,the termination date.Where notice of termination is given,the Grantee shall: 1. Take immediate steps to bring the work or grant activities to a close in a prompt and orderly manner.Grantee will complete reporting requirements outlined in Section VII of this document and in a manner mutually agreed upon by both parties as part of the closeout process. 2. Reduce expenses to a minimum and not undertake any forward commitment. All contracted funds that are not spent, encumbered or obligated at the time of notice of termination shall revert back to Grantor according to processes established in Section IV of this document and according to a timeline mutually agreed upon by both parties. In the event the Grantee loses all staff prior to the end of the grant period or the termination date;whichever is earlier,the Grantee is obligated to fulfill all terms and conditions of the grant with regard to reporting requirements, retention of records and requirements for disposition of equipment and supplies. IX. ENFORCEMENT A. Remedies for noncompliance— Ira Grantee or Sub-grantee materially fails to comply with any term of an award, whether stated in a state statute or regulation,an assurance in a state plan or application,a notice of award,or elsewhere, Grantor may take one or more of the following actions or impose other sanctions as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub-grantee,or more severe enforcement action by Grantor; 2. Disallow all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current award for the Grantee's or Sub-grantee's program; 4, Withhold further awards for the program;or 5. Take other remedies that may be legally available: B. Hearings.appeals--In taking an enforcement action,Grantor will provide the Grantee or Sub-grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub-grantee is entitled under any statute or regulation applicable to the'action involved. C. Effects of suspension and termination—Costs to Grantee or Sub-grantee resulting from obligations incurred by the Grantee or Sub-grantee during a suspension or after terminntion of an award are not allowable unless Grantor expressly authorizes.Other Grantee or Sub-grantee costs during suspension or after termination that are necessary and not reasonably avoidable, are allowable if: 1. The costs resulting from obligations properly incurred by the Grantee or Sub-grantee before the effective date of suspension or termination are not in anticipation of it and in the case of a termination,are noncancelable;and, 2. The costs would be allowable if the award were not suspended,or expired normally at the end of the funding period. D. Relationship to Debarment and Suspension—The enforcement remedies identified in this Section, including suspension and terminatlon,do not preclude Grantee or Sub-grantee from being subject to"Debarment and Suspension"under Executive Order 12549(see UGMS Part 111,Subpart C,See 35)and state law. X. CONTACTS AT TSLAC Questions or concerns about programmatic issues, budget and/or program revisions, performance reports, and equipment/propgrty should be directed to: Erica McCormick,Grants Administrator Phone:512-463-55271 Fax:512-936-23136 E-mail:emccormick(a)tsl.state.tx.us Questions or concerns about financial issues should be directed to: Rebecca Cannon,Manager,Accounting and Grants Phone: 512-463-6626/Fax:512475-0185 E-mail: rcannon0bil,state.tx.us Questions or documentation relating to required RNuests for Funds and Financial Status Reports should be directed to: Tamra Lavin,Grants Accountant Phone: 512463-5472/Fax:512-475-0185 E-mail:tlavin@tsl.state.tx.us or g_rants.accounling(@tsl.state.tx.us Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with a revised FSR,an explanation of the purpose of the payment,and the grant number.This information shall be directed to: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin,TX 78711-2516 FY 2014 Impact Grant 4 of 7 TSLAC �oou mmmu�"mmmmmmimw nrv�rewu��umuwww��m�wiwm�m�,�mmrrmd""�mmmury uro ummimmmrim�m�nmm umoamuwM ouuummoummmu�mmmmw�s�uw,uu�uuuuuuuuuu 000mumuuuuuww ��wmmmooww u u�muuremmm.��;mm �muwwau�wm» XI. APPLICABLE AND GOVERNING LAW A. The laws of the State of Texas shall govern this grant. B. All duties of either party shall be legally performable-in Texas.The applicable law for any legal disputes arising out of this contract shall be the law of(and all actions hereunder shall be brought in)the State of Texas,and the forum and venue for such disputes shall be Travis County District Court. C. This grant contract is subject to the availability of funds. The Grantor may reduce or terminate this grant contract when the availability of funding is reduced or eliminated. XII. GRANT CERTIFICATIONS A. Grantor certifies that;(1)the services specified in the approved grant application and this contract are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations;(2) the services,supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder;and,(3)the grant is in compliance with Texas Government Code§441.006;Texas Government Code §441.135;Texas Administrative Code,Title 13;Part 1,Chapter 2; Subchapter C,Division 9,Rules 2.910-2.912,regarding the Impact Grant;Texas Administrative Code,Title 13,Part 1,Chapter 2,Subchapter C,Division 1,Rules 2.110-2.119 regarding General Grant Guidelines;the Library Services and Technology Act(LSTA);the State Plan for the LSTA in Texas;and UGMS. B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter,any economic opportunity, future employment,gift,loan,.gmtuity,special discount,trip,favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities,favors,or anything of monetary value from contractors,potential contractors,or parties to any sub-agreements. G The Grantee certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress;an officer or employee of Congress,or an employee of it Member of Congress in connection with the malting of any Federal grant, the entering into of any cooperative agreement, and the extension,.continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement.If any funds other than Federal appropriated funds have been paid or will be paid for such purpose, the Grantee shall complete and submit OMB form SF-LLL, Disclosure of Lobbying Activities, in accordance with its instructions.The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subgrants,contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shal I certify and disclose accordingly;as specified in Title 31 U.S.Code,Sec.1352. D. Grantee has pro vided to Grantor the mandatory Internet Safety.Certification (Certification) that it is in compliance with requirements of the Children's Intemet Protection Act(CIPA)for any Federal funds under this grant that will be used to purchase computers used to access the Internet or pay for the direct costs of accessing the IntemeL Grantee agrees to collect,as required and appropriate,Certification forms from all libraries receiving benefits of Federal funds expended under this contract. E. Grantee certifies by this contract that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or,voluntarily excluded from participation in this program by any Federal department or agency, as required by the regulations implementing Executive Order 12549,Debarment and Suspension,34 CFR Part 85,Section 85510, Participant's responsibilities, 2 CFR Part 180 Subchapter C. 180:335. Where the Grantee is unable to certify to any of the statements in this certification,the Grantee shall attach an explanation to this contract. F. The Grantee certifies that no Federal funds from this grant award will be made available for a public library,or public elementary or secondary school library that does not currently receive E-rate services,to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet,unless the library has certified compliance with the applicable CIPA requirements. Should Federal funds awarded as part of this grant be used to purchase computers for a public library,or public elementary or secondary school library that does not currently receive,E-rate services,to be used to access the Internet or pay for the direct costs of accessing the Internet,Grantee will ensure Certification forms are.remived from all libraries receiving benefits of Federal funds expended under thiscontract. G. The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of the United States('Title 17,U.S.Code). H. In addition to Federal requirements, state law requires a number of assurances from applicants for Federal pass-through or other state-appropriated funds.(UGMS Part III,Subpart B,Sec. 14—State Assurances): (1) A subgrantee must comply with Texas Govemment Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or.to any other officer or employee authorized to employ or supervise such person.This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years,or such other period stipulated by local law,'prior to the election or appointment of the officer,employee,or governing body member related to such person in the prohibited degree. (2) A subgrantee must insure that all information collected,assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994,unless otherwise expressly prohibited by law. (3) A subgrantee must comply with Texas Government Code,Chapter 551,which requires all regular,special or called meetings of governmental bodies to be open to the public,except as otherwise provided by law. FY 2014 Impact Grant 5 of 7 TSLAC (4) A subgrantee must comply with the Texas Family Code Section DU.10thatrequires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgmnlees shall also ensure that all program personnel are properly,trained and aware of this requiremea (5) Subgrante,es will comply with all Federal statutes relating to nondiscrimination.These include but are not limited to:(a)Title VI of the Civil Rights Act of 1964 (RL 88-352) which prohibits discrirriin,ation on L he basis of race, color, religion or national,origin; (b)Title IX of the Education Amendments of 1972,as amended(20 Ul.S.C.§§1681-1683,and 1685-1686), which prohibits discrimination on the basis of sex;(c)Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S,C- §794),which pmhibits discrimination on the basis of disability and,the�Americans With Disabilides Act of 1990;(d)the Age Disctia-driation Act of 1974,as amended(42 11S.C.§§6101761n,,which prohibits discrimination on the basis of age;(e)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended,relating to nondiscrimination on the basis of drug abuse;(0 theCompreliensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitaflon Act of 1970(P.L 91- 616),as amended, relafing to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1.912(42 U.S.C.290 dd-3 and 290 ce-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil Rights Act of 1968(42 U.S.C.§3601 et seq.),as amended,relating to nondiscrimination in the,sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific stalute(s) under which application for Federal assistance is being mad e; and 0) the requirements of any other nondiscriinination statute(s)which may apply to the application. (6) Subgrantees will comply, as applicable, with the to 276a-7), the Copeland Act(40 O�.C.&§276c andm��§§874),and the Contract Work Hours and Safety Standards Act(40 U.S.0 §§327-333),regarding labor standards for Federally assisted construction oukugrennonts. (7) Subgrantees will comply with the provisions of the Hatch 9o|iboo| Activity Act(5 U.S.0 0733I-29)' that limit the political activity of employees whose principal employment activities,are funded in whole or in part with Federal funds. pV Sub ' will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act o[1V7O.auapplicable. (9) Suhguowmu will insure that the facilities under its ownership, lease v, supervision which shall bo utilized io the accomplishment of the project are not listed nnthe Environmental Protections Agency's(EPA)list of Violmi Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the prr�ect is under consideration for listing by the EPA.(FOI 038). (105h ox will assist the di in assuring compliance with Section lO0v[the National Historic Preservation Act of 1966, as amended o6�U.S.C. 470), EO 11593 ([duntiOmbon and protection of himvho pmpordcs), and the Archaeological and Historic Pre,nryuhon Act mfl974(16D.S.C46g,-lmmq.). (lqSuh&mn lees,will comply.with Public lun 103-277, also known as the.Pro-Children Act of 1994 (*c;, which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (12)Subgrantees will comply with all Federal tax laws and are solely responsible for filing all required state and Federal tax forms. (13)Subgrantees will comply with all applicable requirements of al I other Federal and state laws,executive orders,regulation and policies governing this program. (14)Subgrantees.must adopt and implement applicable provisibits of the model HIV/AIDS work place guidelines of the Texas Department vf Health x^required by the Texas Health and Safety Code,Aoo,Sec.85.Q01'm/mq. ' ` ' . rYzom Imp=Grant 6 m7 TSLAc XIII. SIGNATURES GRANTOR GRANTEE Texas State Library and Archives Commission City of rpus Christii Corpus Ch isli Pu l"R'y ibraries Donna Osborne,Chief Fir]Office ignatu e( eret were d"enter into contracts) Date Typewritten or Printed Name Deborah Liar, ,Library DeveloprnenI and Networking Director Tidee�1 8/27/13 l f Date Date Erica cCormick,Grants Administrator 8/27/13 Date o Approved as to form: J �� By Assistant City Attorney For City Mornay FY 2014 Impact Grant 7 of 7 TSI.MC +mwu�ioioiw������������muumoiw�00000iowmmwmwummmimmwu ry mmmmm�mimmmmrow�wurvam� i mmum�m��m�rmmummmmmmmmmi��mwmmim!�miwmmmuuuurvomwwioioioioioioioioion m��mwuurv��wiom�moi000uouoim�imm��������oi�iw�w�m����������o�������� ����wwnmw�w��w����������...x.o.N...N...... GdidpR'cpM M1ry�p xs AGENDA MEMORANDUM Future Item for the City Council Meeting of October 22, 2013 Action Item for City Council Meeting October 29, 2013 DATE: 10/9/2013 TO: Ronald L. Olson, City Manager THRU: Susan Thorpe, Assistant City Manager SThorpe(a)-cctexas.com Eddie Ortega, Director of Neighborhood Services EddieOCa)-cctexas.com FROM: Rudy Bentancourt, CD Administrator RudyB @cctexas.com Resolution amending City Council Policy No. 9 - Community Development Block Grant (CDBG) and HOME Programs CAPTION: Resolution amending Council Policy No. 9 - Community Development Block Grant (CDBG) and HOME Programs, by revising the language and reaffirming the objectives and guidelines of the policy. PURPOSE: The purpose of amending Council Policy No. 9 is to: • Insert the "CDBG" acronym in section a. • Amend section e. to clarify the time that must elapse before an agency can re-apply for CDBG Program funding. • Amend section f. to specify that Program Income generated from the Demolition and Clearance of Vacant Property Programs will be applied to each program's revolving fund. • Add section g. stating that the annual funding for CDBG and HOME Programs administrative functions will be approved to ensure the essential operations of the department are met in accordance with the department's Mission. • Reaffirm the City's commitment to the objectives and guidelines for CDBG and HOME Programs. BACKGROUND AND FINDINGS: The Neighborhood Services Department is requesting passage of a Resolution amending City Council Policy No. 9. Some of the more significant changes include: The change to section e. clarifies that two fiscal years must elapse before an agency can re-apply for CDBG Program funding. This will allow additional non-profit agencies to apply for funding for eligible projects that serve low- and moderate-income population in the community. The change to section f. adds a provision that Program Income generated from the Demolition Program and the Clearance of Vacant Property Program will be applied each program's revolving fund. This Program Income partially funds the requested amount of CDBG funds each funding cycle and does not fully fund the programs. CDBG entitlement funds are also provided to each program to ensure funding is available to carry out each program. The addition of section g. states that annual funding for the City's CDBG and HOME Programs administered through the Neighborhood Services Department be approved in order to ensure the essential operations of the department are met in accordance with the department's Mission, as well as the federally approved 5-year Consolidated Annual Action Plan. The department is required to annually meet various objectives indicated in the plan in order to fully comply with regulations set forth by the U.S. Department of Housing and Urban Development. The objectives are comprised of each of the programs which are administered by the department. ALTERNATIVES: Do not pass the Resolution to amend Council Policy No. 9. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council approval is required for the amendment of the resolution. EMERGENCY/ NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Project to Date Fiscal Year: 2013- Expenditures Current 2014 (CIP only) Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends the approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Council Policy No. 9 Resolution Resolution amending Council Policy No. 9, entitled Community Development Block Grant and HOME Programs by revising the language regarding the CDBG acronym, the language of sections e. and f. and by adding a section g.; and reaffirming the objectives and guidelines of the policy. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council hereby amends Council Policy No. 9, adopted by Resolution No. 21901 on March 22, 1994, and later amended by Resolution No. 026055 and 026571 on December 14, 2004 and December 20, 2005 respectively, by revising the language regarding the CDBG acronym, the language of sections e. and f. and by adding a section g. to read as follows: "9. Community Development Block Grant and HOME Programs. Through the Community Development Block Grant (CDBG) and HOME Programs, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: a. No rnmm--pity De„e'GpMeRt BIGGk Grant CDBG Funds will be authorized to applicant agencies for the support of operating expenses, with the exception of economic development projects that create jobs. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. e We indi„id-Hall„ f- Rded (`DBG Prnien+ ,.Dill he eligible External agencies awarded CDBG funds will not be eligible to apply for future CDBG funding fer o minim--m of twe yeorc from the rlote of its last f--ndinn until two fiscal cycles have elapsed since the fiscal cycle in which funds were granted. {T-h+s eXGl -rtes prnientc which are Gpenifinolly donod fer several doors of (`DBG f---nrlinn 66Inh eo a o4reet nreien4 Whinh h.Ao i4o n er 6lrnrQed ene deer -Anal 41; nreno4n,r+i.,n the ReXt (For example, an external agency awarded CDBG funding in fiscal cycle 2013-2014 will not be eligible to apply for future CDBG funding until the 2016-2017 fiscal cycle.) f. Program income generated from the CDBG Housing Program is a revolving fund and will be applied toward the Single Family Rehabilitation and Reconstruction Loan Program. Program income generated from the CDBG Demolition Program and the Clearance of Vacant Property Program will be applied to each individual program's revolving fund. Program income generated from the HOME Program will be applied towards maintaining or creating affordable housing in the community. g. Annual funding request for CDBG and HOME programs administered through the Neighborhood Services Department shall be approved in order to ensure that the essential operations of the department are met in accordance with the departments Mission." Section 2. The City Council hereby reaffirms its commitment to the objectives and guidelines contained in Council Policy No. 9, as amended by this resolution. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas day of 2013 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott d AGENDA MEMORANDUM �oaPOwR,k� First Reading Ordinance for the City Council Meeting of October 29, 2013 2852 Second Reading Ordinance for the City Council Meeting of November 12, 2013 DATE: October 15, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(a)-cctexas.com 886-2604 Ordinance designating the City as designated caretaker of impounded animals CAPTION: Ordinance amending section 6-1(a) "definitions" by adding the definition of designated caretaker; amending section 6-103(g)(1) "Dispositions of animals" of the Corpus Christi Code by designating the City as designated caretaker of impounded animals; providing an effective date; providing for severance; and providing for publication. PURPOSE: Vaccination of animals on intake into the shelter is critical to avoid disastrous outbreaks of disease. BACKGROUND AND FINDINGS: Failure to vaccinate upon intake is poor shelter management. The standard of care requires vaccination prior to or immediately upon impound in order to prevent the spread of disease. According to a recent article in the UC Davis Veterinary Medicine Journal, Chicago animal control lost hundreds of dogs to canine distemper, a problem that was largely corrected by switching to vaccination upon intake. Some might say that over-vaccination of an owned-animal that has already been vaccinated might be risky. However according to the article, the risk of an unvaccinated animal contracting and spreading a potentially fatal illness in most shelters is much greater than the risk of the actual vaccination itself. In August 2013, the Texas State Board of Veterinary Medicine established new criteria requiring that an animal shelter may no longer vaccinate upon intake unless the Veterinarian has a personal relationship with the animal or the City Ordinance specify that vaccinations are to be facilitated on intake of an animal. It is not possible for our in-house vet, Dr. Melissa Draper, DVM to see each animal upon intake, due to short staffing and her surgery schedule. Animal Care Services is requesting this ordinance be initiated in order to keep the spread of disease under control. 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 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: RECOMMENDATION: Staff recommends passing the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance. Ordinance Amending section 6-1(a) "definitions" by adding the definition of designated caretaker; amending section 6-103(g)(1) "Dispositions of animals" of the Corpus Christi Code by designating the City as designated caretaker of impounded animals; providing an effective date; providing for severance; and providing for publication BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 6-1(a) is revised to read as follows: Dangerous animal means: (1) Any animal that, without provocation, scratches, bites, or attacks and injures any human being within the city and that occurs in a place other than an enclosure in which the animal was being kept.and which enclosure was reasonably certain to prevent the animal from leaving the enclosure on its own. (2) Any animal that, without provocation, scratches, bites, or attacks and injures or kills a domesticated animal and that occurs in a place other than an enclosure in which the animal was being kept and which enclosure was reasonably certain to prevent the animal from leaving the enclosure on its own. (3) Any animal that, without provocation, commits acts in a place other than an enclosure in which the animal was being kept and which enclosure was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person. Designated caretaker means the person or entily with the s ecific authority to care for an animal. Dog means a domesticated member of the Canidae (canine) family, other than a coyote, dingo, fox, jackal, wolf, wolf hybrid, or other prohibited animal. SECTION 2. Section 6-103 (g) (1) is revised to read as follows: (g) Disposition of animals. (1) Immediately upon impoundment, the ci1y is the designated caretaker of impounded animals. Except as provided in subsections (c) and 0) of this section, and certain livestock as provided for in this paragraph, impounded animals not redeemed by their owner within three (3) working days following impoundment become the property of the city and may be placed for adoption in a suitable home or with any nonprofit association organized for the protection and welfare of animals, sold under section 17-4 of the Code of Ordinances, or humanely euthanized. Prior to the disposition of any livestock excluding goats and sheep, notice must be posted for a ten-day period at the county courthouse, city hall, and the city animal shelter upon the expiration of three (3) working days from the date of impoundment of the livestock. Upon the expiration of the ten-day notice period, the city may dispose of the livestock in the same manner as other unclaimed animals. SECTION 3. The effective date of this ordinance is the date of final City Council approval. SECTION 4. 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 5. 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. 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 �V70 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 29, 2093 Second Reading Ordinance for the City Council Meeting of November 12, 2093 .DATE: 9130/2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR @cctexas.com 361-826-7203 Women, Infants and Children (WIC) grant FY 13-14 Approval of grant award and appropriation of funds CAPTION: Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant in the amount of $447,758.00 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; and to ratify acceptance of the grant to begin as of October 1, 2013. PURPOSE: The Women's, Infant and Children's Grant allows the Health District WIC 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 women, infants, and children (WIC) is a health and nutrition program that improves the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition-related risks. This item approves a contract with the Department of State Health Services to provide services at the Corpus Christi-Nueces County Public Health District to over 5,000 low income women, infants, and children per month. The contract will begin on 10/01/2013 through 03131/2014. No matching funds required. ALTERNATIVES: Discontinue WIC Program at the Corpus Christi-Nueces County Public Health District OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY I NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Finance-Federal Grants and office of management and budget FINANCIAL IMPACT: X Operating © Revenue o Capital n Not applicable Project to Date Fiscal Year: 20'11- Expenditures 2012 (CIP only) Current Year Future Years TOTALS Line Item Budget $ 447,758 $ 447,758 Encumbered I Expended Amount This item BALANCE $ 447,758 $ 447,758 Fund(s):1066 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance 2014-645103 NSSIWIC Local Agency Contract DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2014-045 103 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor), a Government Entity, (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments, 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is$447,758.00, and the payment method(s)shall be as specified in the Program Attachments. 3. Funding Obligation, This Contract is contingent upon the continued availability of funding. If furrds 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 10/01/2013 and ends on 0313112014. 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: 2014-045103-001 NSS/WIC LOCAL AGENCY c. General Provisions (Sub-recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92648-1 7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document,if any. 8. P_ ayee• The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF CORPUS CHRISTI Address: PO BOX 9277 CORPUS CHRISTI,TX 78469-9277 Vendor Identification Number: 17460005741027 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. 92W-1 By signing below, the Parties acknowledge that they have read the Contract and agree to its terns, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) By: By: Signature of Authorized Official Signature Date Date Evelyn Delgado Printed Name and Title Assistant Commissioner for Family and Community Health Services Address 1100 WEST 49TH STREET AUSTIN,TEXAS 78756 City, State, Zip 512.776.7321 Telephone Number Evelyn.Delgado@dshs.state.tx.us E-mail Address for Official Correspondence 92698-1 CONTRACT NO.2014-045103 PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO. 0000399295 CONTRACTOR: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) DSHS PROGRAM; NSS/WIC LOCAL AGENCY TERM; 10/0 1/2013 THRU. 03/31/2014 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 term of this Program Attachment, USDA may issue regulations, instructions, policies and/or directives, which may be incorporated into the DSHS WIC Program Policy and Procedures Manual and program rules. B. Provide services within the state boundaries of Texas and in the approved clinic locations described in Contractor's application. C. Assist DSHS or USDA in the collection of data that will identify benefits of this nutrition intervention program and furnish financial, health, nutrition education and any other special reports in a timely manner as required by DSHS WIC Program's written rules and policies for the compilation of such data. D. Determine eligibility of applicants through assessment of their categorical income, residence and nutritional status, and provide nutrition education and counseling to eligible participants. E. Appoint a Contractor WIC Director/Supervisor. F. Train Contractor's Local Agency staff. PROGRAM ATTACHMENT—Page 1 G. Submit the following reports/plans by the due date: 1. Monthly Incentive Funding Summary Report by the 15th day of the following month; and 2. WIC Local Agency Performance Measure Report by the 15ti` 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 froin 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 climes and administrative offices using Texas-WIN software on a Network or stand alone personal computer. Installation at all Contractor permanent WIC sites is required. VSAT or other telecommunications equipment installations for new sites or sites moving from one location to another requires a minimum of 45 days notice. N. Connect portable computers (notebook or laptop) that use Texas-WIN software daily to a (VSAT) or other DSHS provided-telecommunications access point to transfer data to and receive updates from DSHS. Daily is defined as Monday — Friday and Saturday if WIC services are provided. Portable computers may go to any of the Contractor's permanent WIC sites for data transfer. PROGRAM ATTACHMENT—Page 2 O. Review the immunization records of WIC Program applicants/participants to ensure that immunizations are current. Make appropriate referrals to health care providers for necessary immunizations. P. Offer services during extended hours of operation outside the traditional times of 8:00 a.m. to 5:00 p.m., Monday through Friday, according to the Contractor's Annual Plan of Operations as approved by DSHS and incorporated by reference in this Program Attachment. Q. Implement or expand Contractor's Breastfeeding Peer Counseling program to provide training and salary of peer counselors who assist pregnant and breastfeeding WIC participants in normal breastfeeding situations. Funding for this activity will be contingent on availability and written approval by DSHS. R, Implement special projects according to DSHS-approved plan related to nutrition education, outreach or breastfeeding if project is requested by Contractor and approved by DSHS. Funding for special projects is contingent upon availability and approval in writing by DSHS of the Contractor's plan for the special project. S. Implement lactation services for WIC participants who have breastfeeding problems that are beyond the expertise of Contractor's local WIC staff and/or peer counselors using International Board Certified Lactation Consultants or the most qualified equivalent. Lactation services may also include Contractor's Local WIC Agency staff training and the provision of lactation equipment. DSHS will provide written approval of Contractor's plan to use lactation funding. Contractor's plan shall include qualifications of any non-board certified lactation consultant, which is included in the proposal. T. Ensure adequate staff coverage and uninterrupted delivery of WIC services if any member of Contractor's staff is approved in writing by DSHS to participate in the DSHS Dietetic Internship program. This internship will consist of no less than 1200 hours of supervised learning experiences in a variety of nutrition-related facilities and will prepare Contractor's selected staff member to better meet the needs of WIC participants. U. Stock DSHS-provided manual pumps, single-user electric breast pumps and multi-user electric breast pumps, collection kits, and purchase additional sized flanges. Distribute the appropriate pumps, kits, and/or additional sized flanges to eligible WIC participants. During the term of this Program Attachment, DSHS reserves the right to withhold payment if Contractor fails to accurately complete and submit breast pump receiving reports within three(3)business days of receiving a DSHS breast pump delivery. V. Implement or expand Contractor's use of a Registered Dietitian (RD) who is registered with the Commission on Dietetic Registration to provide for Contractor that includes, but not limited to: assistance with quality assurance, staff training, assistance with the Annual Nutrition Education and Breastfeeding plan, individual counseling for high-risk participants, and facilitated discussion classes. PROGRAM ATTACHMENT—Page 3 Contractor shall comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date of this Attachment as amended, including, but not limited to: 1. Uniform Federal Assistance Regulations, 7 CFR Parts 15, 15a, 15b, 246, 248, 3016, 3017 and 3018; 2. WIC Program and Farmers' Market Nutrition Program Rules, 25 Texas Administrative Code, §§ 31.11-31.37; and 3. Child Nutrition Act of 1966, as amended, 42 USC 1786. The following documents are incorporated by reference and made a part of this Program Attachment: 1. DSHS Standards for Public Health Clinic Services, revised August 2004, Or latest revision; 2. USDA Food and Nutrition Service(FNS) Guidelines; 3. USDA FNS Instructions issued under the FNS Directives Management System; and 4. Current WIC Policy and Procedures Manual. Within thirty (30) days Of receipt of an amended standard(s) or guideline(s), Contractor shall inform DSHS, in writing, if it shall not continue performance under this Program Attachment in compliance with the amended standard(s) or guideline(s). DSHS may terminate the Program Attachment immediately or within a reasonable period of time as determined by DSHS. All activities related to WIC, including timefiames, 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 4) 98% of participants who indicate during the enrollment process for the DSHS WIC Program that they have no source of health care shall be referred to at least one (1) source of health care at certification of eligibility. Contractor shall submit the WIC Local Agency Performance Measure Report which describes Contractor's efforts towards meeting performance measures. The report shall be in an approved format as provided by DSHS, and shall be completed and submitted to DSHS within fifteen (15) calendar days after the end of each month. SECTION 111. 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 WieVouchers @dshs.state.tx.us SECTION.VII. BUDGET: SOURCE OF FUNDS: CFDA# 10.557.001; 10.557.013 DUNS NUMBER: 069457786 All categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in accordance with the "Plan to Allocate Direct Costs" (PADC) submitted by Contractor and approved by the DSHS WIC Program. This document is incorporated herein by reference and made a part of this Program Attachment. Total reimbursements will not exceed: $447,758.00. 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$12.34 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 rate(s) stated in this Program Attachment. DSHS will provide written notification to Contractor of such fact. (8) DSHS may pay for additional services as specified in this Program Attachment if provided by Contractor during the term of this Program Attachment (but not otherwise paid during the term of this Program Attachment) if it is in the best interest of DSHS and DSHS WIC Program to do so. If Contractor exceeds the amount of earned administrative funds as stated above, Contractor shall continue to bill DSHS for the services provided. If additional funds become available at a later date for the provision of these services, DSHS WIC Program may pay Contractor a share of these funds. (9) DSHS may provide incentives to Contractor's Local WIC Agencies for participants who are provided WIC services outside the normal traditional 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 4.02, Billing Submission is amended to include the following: Contractors shall bill the Department in accordance with the Program Attachment(s) in the form and format prescribed by DSHS. Unless otherwise specified in the Program Attachment(s) or permitted under the Third Party Payors section of this Article, Contractor shall submit requests for reimbursement or payment monthly by the last business day of the month following the end of the month covered by the bill. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. Contractor shall submit quarterly Financial Status Reports (FSRs) to DSHS by the last business day of the month following the end of each quarter of the Program Attachment term for Department review and financial assessment. Contractor shall submit the final FSR no later than sixty(60)calendar days following the end of the applicable term. PROGRAM ATTACHMENT—Page 8 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: Recordkeeprng requirements. Contractor shall maintain full and complete records concerning Program operations. Such records shall comply with 7 CFR Part 3016 and the following requirements: (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 or participant information. General Provisions, Notice Requirements Article X, Section 10.01, Child Abuse Reporting Requirement, is hereby amended to include the following: If Contractor chooses to interview a client to determine if an affirmative defense to prosecution exists, as defined by DSHS, which would allow them under the DSHS policy to not make a report of child abuse, the Contractor shall conduct these interviews in the following manner: • For ineligible clients, the interview shall be conducted after the entire WIC visit is done. For eligible clients, the interview may occur at the point in time when all WIC activities, including communication of eligibility and individual counseling, are completed with the exception of food instrument issuance. • The interview shall be conducted only by a competent authority or a supervisor and in a confidential setting. PROGRAM ATTACHMENT—Page 9 • Prior to asking the client any questions, the interviewer shall inform the client that the questions have no bearing on the client's WIC eligibility and receipt of services. General Provisions, General Business Operations of Contactor Article XII, Section 12.02, Management and Control Systems, Item a is not applicable to this program attachment;Item c is replaced with the following: c) effective internal and budgetary controls; determination of reasonableness, allowableness, and allocability of costs; timely and appropriate audits and resolution of any findings. General Provisions, General Business Operations of Contractor Article XII, Section 12.06, Overtime Compensation, is not applicable to this Program Attachment. General Provisions, General Business Operations of Contractor Article XII, the last three sentences of Section 12.20,Equipment, are not applicable to this Program Attachment. General Provisions, General Business Operations of Contractor Article XII, Section 12.23, Property Inventory and Protection of Assets, is amended to include the following: Contractor shall maintain an inventory of reportable capital assets placed in the custody of the Contractor by DSHS. Contractor shall conduct an annual inventory for each administrative and .clinic site and submit to DSHS Property Management 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 PROGRAM ATTACHMENT—Page 10 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 I I TEXAS DEPARTMENT OF STATE HEALTH SERVICES CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS.LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies,to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or an employee of any agency, a member of Congress,an officer or employee of Congress,or an employee of it member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,or modification of any federal contract,grant,loan,or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with this federal.contract, grant. loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U,S, Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less that$10,000 and not more than$100,000 for each such failure. Signature Date Print Name of Authorized Individual 2014-045103 Application or Contract Number CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) Organization Name CSCU#EF29-12374-Revised 08.10.07 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION For Fiscal Year (FY14) The certifications enumerated below represent material facts upon which DSHS relies when reporting Information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies In accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certy all of the statements contained in this section Signor must Provide written notice to DSHS detailing which of the below statements It cannot certlyy and why. Legal Name of Contractor: FFATA Contact#1 Name, Email and Phone Number: Primary Address of Contractor: FFATA Contact#2 Name, Email and Phone Number: ZIP Code:9-digits Required www.usns.com DUNS Number:9-digits Required www.ccr.gov State of Texas Comptroller Vendor Identification Number(VIN) 14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date -1- Department of State Health Services Form 4734—June 2012 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION For Fiscal Year (FY14) As the duty authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true,complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 In your previous tax year?❑Yes ❑ No If your answer Is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is"No", answer questions "A" and "B". A. Certification Regarding%of Annual Gross from Federal Awards. Did your organization receive 80% or more of Its annual gross revenue from federal awards during the preceding fiscal year?❑Yes ❑ No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year?❑Yes ❑ No If your answer Is"Yes"to both question "A" and "B",you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Reizardine Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986?❑Yes ❑ No If your answer is "Yes"to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John Blum:500000;Mary Redd:50000;Eric Gan t:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation Information here: -2- Department of State Health Services Form 4734—June 2012 Fiscal Year 2014 Department of State Health Services Contract General Provisions (Care/Subrecipient) ARTICLE I COMPLIANCE AND REPORTING...............................................................................................5 Section 1.01 Compliance%vith Statutes and Rules. .........................................................................................5 Section 1.02 Compliance with Requirements of Solicitation Document. .....................................................5 Section 1.03 Reporting. .................. ..............................................................................................................5 Section 1.04 CIient Financial Eligibilit,�.. .........................................................................................................5 Section 1.05 Applicable Contracts Law and Venue for Disputes. .................................................................5 Section 1.06 Applicable LRWS 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 ARTICLE11 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. ..............................................................................................................................11 Section 3.04 Use for Match Prohibited. ......................... ...........................................................................11 Section 3.05 Program Income. .......................................................................................................................11 Section 3.06 Nonsupplanting. .........................................................................................................................I1 ARTICLE IV PAYMENT METHODS AND RESTRICTIONS..........................................................................11 Section4.01 Payment Methods. .....................................................................................................................11 Section 4.02 Billing Submission. ....................................................................................................................11 Section 4.03 Final Billing Submission. ..........................................................................................................11 Section 4.04 Working Capital Advance. .......................................................................................................12 Section 4.05 Third Party Payors. ...................................................................................................................12 ARTICLE V TERMS AND CONDITIONS OF PAYMENT..............................................................................12 Section 5.01 Prompt Payment. .......................................................................................................................12 Section 5.02 AVithholding 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-Specifie Audit. .....................................................................14 Section 6.03 Submission of Audit. ................................................................................................................14 ARTICLE VII CONFIDENTIALITY.................................................................................................................14 Section 7.01 Maintenance of Confidentiality. ...............................................................................................14 Section 7.02 Department Access to PHI and Other Confidential Information..................................15 General Provisions (Core Subrecipient) 2014(Jane 28,2013) 1 Fiscal Year 2414 Department of State Health Services Contract General Provisions (Core/Subrecipient) Section 7.03 Exchange of Client-Identifying Information.............................................................................15 Section 7.04 Security of Patient or Client Records. .......... .......................................................................15 Section 7.05 HIVlAIDS Model workplace Guidelines. ...............................................................................15 AR'T'ICLE VIII RECORDS RETENTION...........................................................................................................15 Section 8.01 Retention. ...................................................................................................................................15 ARTICLE IX ACCESS AND INSPECTION.........................................................................................................16 Section 9.01 Access. .........................................................................................................................................16 Section 9.02 State Auditor's Office. ...............................................................................................................16 Section 9,03 Responding to Deficiencies. ......................................................................................................16 ARTICLE X NOTICE REQUIREMENTS..........................................................................................................17 Section 10.01 Child Abuse Reporting Requirement. .....................................................................................17 Section 10.02 Significant Incidents. .................................................................................................................17 Section 10.03 Litigation. ...................................................................................................................................17 Section 10.04 Action Against the Contractorr. ................................................................................................17 Section 10.05 InsoIvency. ..................................................................................................................................17 Section 10.06 Misuse of Funds and Performance Malfeasance. ....................................................................17 Section 10.07 Criminal Activity and Disciplinary Action. .............................................................................18 Section 10.08 . Retaliation Prohibited. ..............................................................................................................18 Section 10.09 Documentation. ..........................................................................................................................18 ARTICLE XI ASSURANCES AND CERTIFICATIONS....................................................................................18 Section 11.01 Certification. ..............................................................................................................................18 Section 11.02 Child Support Delinquencies. ...................................................................................................19 Section 11.03 Authorization. ............................................................................................................................19 Section 11.04 Gifts and Benefits Prohibited. in connection with this Contract................................:...........19 Section 11.05 Ineligibility to Receive the Contract. .......................................................................................19 Section 11.06 Antitrust. ....................................................................................................................................20 Section 11.07 Initiation and Completion of work. .........................................................................................20 ARTICLE XII GENERAL BUSINESS OPERATIONS OF CONTRACTOR................................................20 Section 12,01 Responsibilities and Restrictions Concerning Governing Body,Officers and Employees. .20 Section 12.02 Management and Control Systems. .........................................................................................20 Section 12.03 Insurance. ...................................................................................................................................21 Section 12.04 Fidelity Bond. .............................................................................................................................21 Section 12.05 Liability Coverage. ....................................................................................................................21 Section 12.06 Overtime Compensation. ..........................................................................................................21 Section 12.07 Program Site. .............................................................................................................................22 Section 12.05 Cost Allocation Plan. .................................................................................................................22 Section 12.09 No Endorsement..........................................................................................................................22 Section 12.10 Historically Underutilized Businesses(HUBs)..........................................................................22 Section 12.11 Buy Texas. ..................................................................................................................................22 Section 12.12 Contracts with Subrecipient and Vendor Subcontractors. ....................................................22 Section 12.13 Status of Subcontractors. ..........................................................................................................23 Section 12.14 Incorporation of Terms in Subrecipient Subcontracts. ..........................................................23 Section 12.15 Independent Contractor. ...........................................................................................................23 Section 12.16 Authority to Bind. ......................................................................................................................24 Section 12.17 Tax Liabllitv. ..............................................................................................................................24 Section 12.18 Notice of Organizational Change. ............................................................................................24 Section 12.19 Quality Management. ................................................................................................................24 Section 12.20 Equipment(Including Controlled Assets). ........................................................................... .24 Section 12.21 Supplies. ......................................................................................................................................24 General Provisions(Core Subrecipient)2014(June 28,2013) 2 Fiscal Year 2014 Department of State Health Services Contract General Provisions (Core/Subrecipient) Section12.22 Changes to Equipment List. .....................................................................................................24 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 Section12.28 Closeout of Equipment. .............................................................................................................25 Section 12.29 Assets as Collateral Prohibited. ................................................................................................26 ARTICLE XIII GENERAL TERMS....................................................................................................................26 Section 13.01 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 Propertyy. .......................................................................................................28 Section 13.07 Severability and Ambiguityy. .....................................................................................................28 Section13.08 Legal Notice. ...............................................................................................................................28 Section 13.09 Successors. ..................................................................................................................................28 Section 13.10 Headings. ....................................................................................................................................28 Section13.11 Parties. ........................................................................................................................................28 Section 13.12 Survivability of Terms. ...........................................................:..................................................28 Section13.13 Direct Operation. .......................................................................................................................28 Section 13.14 Customer Service Information. ................................................................................................28 Section 13.15 Amendment. ...............................................................................................................................29 Section 13.16 Contractor's Notification of Change to Certain Contract Provisions. ..................................29 Section 13.17 Contractor's Request for Revision of Certain Contract Provisions. .....................................29 Section 13.18 Immunity Not Waived. ..............................................................................................................30 Section 13.19 Hold Harmless and Indemnilication. .......................................................................................30 Section 13.20 Waiver. .......................................................................................................................................30 Section 1121 Electronic and Information Resources Accessibility and Security Standards. ...................30 Section13.22 Force Majeure. ..................................................................................... ..................................30 Section 13.23 Interim Conti-acts. .....................................................................................................................31 Section 13.24 Cooperation and Communication. ...........................................................................................31 ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE......................1.31 Section 14.01 Actions Constituting Breach of Contract. ...............................................................................31 Section 14.02 General Remedies and Sanctions. ............................................................................................31 Section 14.03 Notice of Remedies or Sanctions. .............................................................................................33 Section 14.04 Emergency Action. ....................................................................................................................33 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...........................................................34 Section 16.01 Expiration of Contract or Program Attachment(s). ...............................................................34 Section 16.02 Effect of Termination. Contract. .............................................................................................34 Section 16.03 Acts Not Constituting Termination. .........................................................................................35 Section 16.04 Termination or Temporary Suspension Without Cause..........................................................35 Section 16.05 Termination For Cause. ............................................................................................................35 General Provisions(Core Subrecipient)2014(June 28,2013) 3 Fiscal Year 2014 Department of State Health Services Contract General Provisions (Core/Subrecipient) Section 16.06 Notice of Termination. ..............................................................................................................37 ARTICLE XVII VOID,SUSPENDED,AND TERMINATED CONTRACTS..................................................37 Section 17.01 Void Contracts. ..........................................................................................................................37 Section 17.02 Effect of Void,Suspended,or Involuntarily Terminated Contract, ......................................37 Section 17.03 Appeals Rights. ........................... ..........................................................................................37 ARTICLEXVIII CLOSEOUT...............................................................................................................................37 Section 18.01 Cessation of Services At Closeout. ...........................................................................................37 Section 18.02 Administrative Offset. ...............................................................................................................37 Section 18.03 Deadline for Closeout. ...............................................................................................................37 Section 18.04 Payment of Refunds. .................................................................................................................37 Section 18.05 Disallowances and Adjustments. ..............................................................................................38 General Provisions (Core Snbrecipient)2014(June 28,2013) 4 ARTICLE I COMPLIANCE AND REPORTING Section 1A1 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 terra of this Contract. Section 1.02 Compliance with Requirements of Solicitation Document. Except as specified in these General Provisions or the Program Attaclunent(s),Contractor shall comply with the requirements, eligibility conditions,assurances,certifications and program requirements of the Solicitation Document,if any, (including any revised or additional terms agreed to in writing by Contractor and DSHS prior to execution of this Contract)for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon Contractor's response to the Solicitation Document. The Parties agree that any misrepresentation contained in Contractor's response to the Solicitation Document constitutes a breach of this Contract. Section 1.03 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and shall provide any other information requested by the Department in the format required by DSHS.Failure to submit any required report or additional requested information by the due date specified in the Program Attachment(s)or upon request constitutes a breach of contract,may result in delayed payment and/or the imposition of sanctions and remedies,and, if appropriate,emergency action;and may adversely affect evaluation of Contractor's future contracting opportunities with the Department. Section 1.04 Client Financial Eligibility. Where applicable,Contractor shall use financial eligibility criteria,financial assessment procedures and standards developed by the Department to determine client eligibility. Section 1.05 Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation,performance,interpretation, and any issues that may arise in any dispute between the Parties,this Contract will be governed by,and construed in accordance with,the laws of the State of Texas. In the event of a dispute between the Parties,venue for any suit will be Travis County,Texas. Section 1.06 Applicable Laws and Regulations Regarding Funding Sources. Where applicable,federal statutes and regulations,including federal grant requirements applicable to funding sources,will apply to this Contract. Contractor agrees to comply with applicable laws,executive orders,regulations and policies,as well as Office of Management and Budget(OMB)Circulars(as codified in Title 2 of the Code of Federal Regulations),the Uniform Grant and Contract Management Act of 1981 (UGMA),Tex. Gov. Code Chapter 783,and Uniform Grant Management Standards(UGMS),as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts,Texas Procurement and Support Services Division.UGMA and UGMS can be located through web links on the DSHS Nvebsite at littp://Nvww.dshs.state.tx.us/contracts/links.shtm. Contractor also shall comply with all applicable federal and state assurances contained in UGMS,Part Ill,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)2014(June 28,2013) 5 located through web links on the DSHS website at http:/h«vw.dslis.state.tx.tis/contracts/Iinks.shtm. For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Section 1.07 Statutes and Standards of General Applicability. Contractor is responsible for reviewing and complying with all applicable statutes,rules,regulations,executive orders and policies. To the extent applicable to Contractor, Contractor shall comply with the following: a) the following statutes,rules,regulations,and DSHS policy(and any of their subsequent amendments) that collectively prohibit discrimination,exclusion from or Iimitation 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 §§ 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§§ 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 §§ I101 et seq.,relating to drug abuse; 13)Public Health Service Act of 1912, §§523 and 527,42 USC§290dd-2,and 42 CFR Part 2,relating to confidentiality of alcohol and drug abuse patient records; 14)Title VIII of the Civil Rights Act of 1968,42 USC§§ 3601 et seq.,relating to nondiscrimination in housing;and 15)DSHS Policy AA-5018,Non- discrimination Policy for DSHS Programs; b) Immigration Reform and Control Act of 1986, 8 USC§ 1324a, and Immigration Act of 1990, 8 USC 1 101 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-I et seq.,and 6601 (PL 93-348 and PL 103-43),regarding human subjects involved in research; e) Hatch Political Activity Act, 5 USC§§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)2014(June 28,2013) 6 Notification of violating facilities pursuant to Executive Order 11738(40 CFR Part 32),"Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts,Grants,or Loans;"3)Protection of wetlands pursuant to Executive Order 11990,42 Fed.Reg,26961;4)Evaluation of flood hazards in floodplains in accordance with Executive Order 11988,42 Fed, Reg.26951 and, if applicable,flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93-234); 5)Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC§§ 1451 et seq.; 6)Federal Water Pollution Control Act,33 USC§1251 et seq.;7)Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,42 USC §§ 300f-300j; 8)Protection of endangered species under the Endangered Species Act of 1973, 16 USC§§ 1531 ct 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; rn) Intergovernmental Personnel Act of 1970(42 USC §§4278-4763)regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration(5 CFR Part 900,Subpart F); n) Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(PL 91-646),relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs; o) Davis-Bacon Act(40 USC§§ 276a to 276a-7),the Copeland Act(40 U.S.C. §276c and 18 USC § 874),and the Contract Work Hour's 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-I 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.A433,"Audits of States,Local Governments,and Non-Profit Organizations;" Y) 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 Subr•ecipient)2014(June 28,2013) 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 govermnent; (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. c) The following additional provisions will apply to interlocal contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act,Tex.Gov.Code Chapter 791; 2) Payments made by DSHS to Contractor will be from current revenues available to DSHS;and 3) Each Party represents that it has been authorized to enter into this Contract. d) Contractor agrees that Contract Revision Requests(pursuant to the Contractor's Request for Revision to Certain Contract Provisions section),when signed by a duly authorized representative of Contractor,will be effective as of the effective date specified by the Department,whether that date is prior to or after the date of any ratification by Contractor's governing body. Section 1.09 Civil Rights Policies and Complaints. Upon request,Contactor shall provide the Health and Human Services Commission(HHSC)Civil Rights Office with copies of all Contractor's civil rights policies and procedures. Contractor shall notify HHSC's Office of Civil Rights of any civil nights 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— Civil Rights Office Health and Human Services Commmission 701 W. 51 st St.,Mail Code W206 Austin,Texas 78751 (888)388-6332 or(512)438-4313 TTY Toll-free(877)432-7232 HHSCivilRightsOffice @lrse.state.tx.trs 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 stags all licenses,certifications,permits,registrations and approvals required to perform their duties under this Contract General Provisions(Core Subrecipient)2014(June 28,2013) 8 and shall prohibit any person who does not bold 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 fiends become unavailable through lack of appropriations,budget cuts,transfer of fiends between programs or health and human services agencies,amendment of tine Appropriations Act,health and human services agency consolidation,or any other disruptions of current appropriated funding for this Contract,DSHS may restrict, reduce or terminate funding under this Contract. Notice of any restriction or reduction will include instructions and detailed information on how DSHS will fund the services and/or goods to be procured with the restricted or reduced funds. ARTICLE II SERVICES Section 2.01 Education to Persons in Residential Facilities. If applicable,Contractor shall ensure that all persons, who are housed in Department-licensed and/or-funded residential facilities and who are twenty-two (22)years of age or younger,have access to educational services as required by Tex. Educ. Code§ 29.012. Contractor shall notify the local education agency or local early intervention program as prescribed by Tex. Educ.Code§29.012 not later than the third calendar day after the date a person who is twenty-two(22)years of age or younger is placed in Contractor's residential facility. Section 2.02 Disaster Services. In the event of a local,state,or federal emergency,including natural,man- made,criminal,terrorist,and/or bioterrorism events,declared as a state disaster by the Governor,or as a federal disaster by the appropriate federal official,Contractor may be called upon to assist DSHS in providing services,as appropriate,in the following areas: community evacuation;health and medical assistance; assessment of health and medical needs;health surveillance;medical care personnel;health and medical equipment and supplies;patient evacuation; in-hospital care and hospital facility status; food,drug,and medical device safety;worker health and safety;mental health and substance abuse;public health information; vector control and veterinary services; and victim identification and mortuary services. Contractor shall carry out disaster services in the manner most responsive to the needs of the emergency,be cost-effective, and be least intrusive on Contractor's primary services. Section 2.03 Consent to Medical Care of a Minor. If Contractor provides medical,dental,psychological or surgical treatment to a minor under this Contract, either directly or through contracts with subcontractors; Contractor shall not provide treatment of a minor unless informed consent to treatment is obtained pursuant to Tex.Fain. Code Chapter 32,relating to consent to treatment of a child by a non-parent or child or pursuant to other state law. If requirements of federal law relating to consent directly conflict with Tex.Fam. Code Chapter 32,federal law supersedes state law. Section 2.04 TeIenredicine 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; (1) safeguards to ensure confidentiality and privacy in accordance with state and federal laws; C) use by eredentialed licensed providers providing clinical care within the scope of their licenses; General Provisions(Core Subrecipient) 2014(.tune 28,2013) 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 sewed;and i) management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under Rule§448.911. Section 2.05 Fees for Personal Health Services. Contractor may develop a system and schedule of fees for personal health services in accordance with the provisions of Tex. Health&Safety Code§ 12.032,DSHS Rule,§1.91 covering Pees 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. Any charges assessed to individuals for screenings must be accounted for as Program Income in accordance with the DSHS Contractor's Financial Procedure Manual. The Contractor shall not charge for screening if an individual becomes a DSHS client. Section 2.06 Cost Effective Purchasing of Medications. If medications are funded-tinder 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 linglish Proficiency. Contractor shall take reasonable steps to provide services and information,both orally and in writing,in appropriate languages other than English,to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs,benefits,and activities. Contractor shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. Contractor shall make every effort to avoid use of any persons 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 fill. 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. General Provisions(Core Subrecipient)2014(June 28,2013) 10 Section 3.03 Use of Funds. Contractor shall expend Department fitnds only for the provision of approved services and for reasonable and allowable expenses directly related to those services. Section 3.04 Use for Match Prohibited, Contractor shall not use finds provided through this Contract for matching purposes in securing other finnding 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 Attaclunent during the term of the Program Attachment are considered program income. Unless otherwise required under the terms of the grant finnding 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 http:/hN,�vw.dshs.state.tx.tis/contracts/cfptn.slrtrtt and the provisions of the Program Attachment(s). Contractor shall expend program income during the Program Attachment term and may not early 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 feature 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 fiords 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 fiends 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 subunit documentation substantiating that a reduction in state or local finnding,if any,resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE IV PAYMENT METHODS AND RESTRICTIONS Section 4.01 Payment Methods. Except as otherwise provided by the provisions of the Program Attachment(s), the payment method for each Program Attaclunent will be one of the following methods: a) cost reimbursement. This payment method is based on an approved budget in the Program Attaclunent(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 fec(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 Attaclnnent(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 facsin3ile transmission. Reimbursement or payment requests received in DSHS's offices more than sixty(60) General Provisions(Core Subrecipient)2014(June 28,2013) 11 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 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 Attaclunent 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 litt.p://www.dslis.state.tx.us/contr,icts/cfpin.stitm. Section 4.05 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 wider this Contract that may be covered by those programs,and bill those programs for the covered services; (b)provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; (c)allow clients who are otherwise eligible for Department services,but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the Department for the deductible;(d)not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted,in which case the thirty(30)-day requirement in the Billing Submission section will be extended until all such appeals have been exhausted;(c) maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; (f) bill all third parry 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 date(s)due. Department may take repayment(recoup)from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. General Provisions(Core Subrecipient)2014(June 28,2013) 12 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 fall 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 tinder this Contract. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. If DSHS has paid funds to Contractor for unallowable or ineligible costs,DSHS will notify Contractor in writing,and Contractor shall return the fiends 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 firlfrll 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 conunon 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 in OMB Circular A-122 Procedures,or (2 CFR Part,230)as not uniform cost subject to that circular, accounting standards General Provisions(Core Subrecipient)2014(June 28,2013) 13 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.dslis.state.tx.us/contracts/links.shtin. 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 1ittu:Hmvw.dshs.state.tx.tis/contracts/Iinks.slitm. Contractor shall procure audit services in compliance with this section,state procurement procedures,as well as with the provisions of UGMS. Contractor,unless Contactor is a state goverrtrnental entity,shall competitively re-procure independent single audit services at least every six(6)yews. 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,Contactor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. ARTICLE VII CONFIDENTIALITY Section 7.01 Maintenance of Confidentiality. Contactor must maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract,including patient and General Provisions(Core Suubrecipient)2014(June 28,2013) 14 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 Arles 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 Iaws or rules. Contractor shall disclose information described in Tex. Health&Safety Code § 614.017(a)(2)relating to special needs offenders,to an agency described in Tex.Health&Safety Code § 614.017(c)upon request of that agency,unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor shall maintain patient and client records in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient and client records. Department may require Contractor to transfer original or copies of patient and client records to Department,without the consent or authorization of the patient or client,upon termination of this Contract or a Program Attachment to this Contract,as applicable,or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client,Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity filnded 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 HIVIAIDS Model Workplace Guidelines. If providing direct client care, services,or programs,Contractor shall implement Department's policies based on the HIV/AIDS(human immunodeficiency virus/acquired immunodeficiency syndrome)Model Workplace Guidelines for Businesses, State Agencies, and State Contractors,Policy No. 090.021,and Contractor shall educate employees and clients concerning HIV and its related conditions,including AIDS, in accordance with the Tex. Health&Safety Code § 85.112-114.A link to the Model Workplace Guidelines can be found at litt ://Nimv.dslis.state.tx.us/Iiivst(U olio / olicies.shtm. 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 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 elided or all questions pertaining to the audit are resolved. Legal requirements for Contractor may extend beyond the retention schedules established in this section. Contractor shall retain medical records in accordance with Tex.Admin. General Provisions(Core Subrccipient) 2014(June 28,2013) 15 Code Title 22,Part 9, § 165.1(b)and(c)or other applicable statutes,rules and regulations governing medical information. Contractor shall include this provision concerning records retention in any subcontract it awards. If Contractor ceases business operations,it shall ensure that records relating to this Contract are securely stored and are accessible by the Department upon Department's request for at least four(4)years from the date Contractor ceases business or from the date this Contract terminates,whichever is sooner. Contractor shall provide,and update as necessary, the name and address of the party responsible for storage of records to the contract manager assigned to the Program Attachment. ARTICLE IX ACCESS AND INSPECTION Section 9,01 Access. In addition to any right of access arising by operation of law,Contractor,and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly authorized representatives,as well as duly authorized federal,state or local authorities,including tine 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 bearing,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 tine Public Information Act. Contractor shall include this provision concerning the right of access to,and examination of,sites and information related to this Contract in any subcontract it awards. Section 9.02 State Auditor's Office. Contractor shall,upon request,make all records,books,papers, documents,or recordings related to this Contract available for inspection,audit,or reproduction during normal business(tours to any authorized representative of the SAO. Contractor understands that the acceptance of funds.-Linder 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 Rilly 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 tine 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 subunit,by the date prescribed by DSHS,a resolution to the deficiency identified in a site inspection,program or management review 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 deternnination of 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. General Provisions(Core Subrecipient) 2014(June 28,2013) 16 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 hmnunodeficiency Virus/Sexually Transmitted Diseases(HIV/STD);Family Planning(Titles V,X and XX);Primary Health Care;Maternal and Child Health;and Women,Infants and Children(WIC)Nutrition Services. Contractor shall make a good faith effort to comply with child abuse.reporting guidelines and requirements in Tex.Fam. Code Chapter 261 relating to investigations of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on reporting requirements. Contractor shall use the DSHS Child Abuse Reporting Form as required by the Department located at ,,vww.dshs.state.tx.us/chiIdabusereporting. 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 munber. 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 sur'r'ender,suspension or revocation to the contract manager assigned to the Program Attachment by submitting a one-page description that includes the reason(s) for such action;the name and contact information of the local,state or federal department or agency or entity; the date of the license action; and a license or case reference number. Section 10.05 Insolvency. Contractor shall notify in writing the contract manager assigned to the Program Attachment of Contractor's insolvency, incapacity,or outstanding unpaid obligations to the Internal Revenue Service(IRS)or Texas Workforce Cornrnission(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 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 General Provisions(Core Subrecipient) 2014(June 28,2013) 17 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 Set-vices(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 lntt ://sao.fraud.state,tx.trs,and to the HHS Office of Inspector General at http:/hvww.oig.hhs.goy/fraud/hotline/no later than three(3)working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Section 10.07 Criminal Activity and Disciplinary Action. Contractor affirms that no person who has an ownership or controlling interest in the organization or who is ail agent or managing employee of tine organization has been placed on corntnunity 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 Attachunent if it has reason to believe Contractor,or a person with ownership or controlling interest in the organization or who is am agent or managing employee of the organization,an employee or volunteer of Contractor,or a subcontractor providing set--vices 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 conununity supervision,received deferred adjudication,or been indicted for or convicted of a criminal offense relating to involvement in any financial matter,federal or state program or felony sex crime. Contractor shall make the reports required by this section no later than three(3)working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Contractor shall not permit any person who engaged,or was alleged to have engaged,in an activity subject to reporting under this section to perform direct client services or have direct contact with clients,unless otherwise directed by DSHS. Section 10.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding,any applicable law,rule, regulation or standard to the Department,another state agency,or any federal,state or local law enforcement official. Section 10.09 Documentation. Contractor shall maintain appropriate documentation of all notices required under these General Provisions. ARTICLE XI ASSURANCES AND CERTIFICATIONS Section 11.01 Certification. Contractor certifies by execution of this Contract to the following: a) it is not disqualified under 2 CFR§376.935 or ineligible for participation in federal or state assistance programs; b) neither it,nor its principals,are presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded frorn participation in this transaction by any federal or state department or agency in accordance with 2 CFR Pads 376 and 180(parts A-1),45 CFR Part 76 (or comparable federal regulations); e) it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; 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; General Provisions(Core Subrecipient)2014(June 28,2013) 18 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 commission of embezzlement, theft,forgery, bribery,falsification or destruction of records,making false statements or false claims,tax evasion, obstruction of justice,receiving stolen property or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h) neither it,nor its principals is presently indicted or otherwise criminally or civilly charged by a governmental entity(federal,state or local)with the conurnission 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 Rinds 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 fixture employment,gift,loan, gratuity,special discount,trip,favor, service or anything of monetary value to a DSHS or HHSC official or employee in connection with this Contract. Section 11.05 Ineligibility to Receive the Contract. (a)Pursuant to Tex. Gov. Code§ 2155.004 and federal law,Contractor is ineligible to receive this Contract if this Contract includes financial participation by a person who received compensation from DSHS to participate in developing,drafting or preparing the specifications, General Provisions(Core Subreeipient)2014 (June 28,2013) 19 requirements,statements)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 lazy,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 occur'r'ing 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 Wunder 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. &Conun. Code§ 15.01, et seq. Contractor certifies that neither Contractor,nor anyone acting for Contractor has violated tine antitrust laws of this state or federal antitrust laws,nor communicated directly or indirectly regarding a bid with any competitor or any other person engaged in Contractor's line of business for the purpose of substantially lessening competition in such line of business. Section 11.07 Initiation and Completion of Work. Contractor certifies that it shall initiate and complete the work under this Contract within the applicable time frame prescribed in this Contract. ARTICLlis XII GE,IN`ERAL BUSINIJSS OPERATIONS OF CONTRACTOR Section 12.01 Responsibilities and Restrictions Concerning Governing Bode,Officers and Employees. Contractor and its governing body shall bear full responsibility for the integrity of the fiscal and progratmnatic 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. Tine 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 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: lntt ://wwkv.dslrs.statc.tx.tns/contraetslcf rn.shtnn. Contractor shall maintain an appropriate contract administration system to ensure that all terms,conditions,and specifications General Provisions(Core Subrecipicnt)2014(June 28,2013) 20 are met during the term of the contract through the completion of the closeout procedures. 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 necessaty 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 fiends 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 fiords. 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 fiends 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 fluids under this Contract,including person(s)authorizing payment of such funds. The fidelity bond or insurance must provide for indemnification of losses occasioned by(1)any fraudulent or dishonest act or acts committed by any of Contractor's employees,either individually or in concert with others,and/or(2)failure of Contractor or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. The bond or insurance acquired under this section must include coverage for third party property. Contractor shall notify,and obtain prior approval from,the DSHS Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance. Section 12.05 Liability Coverage. For the benefit of DSHS,Contractor shall at all times maintain liability insurance coverage,referred to in Tex.Gov. Code §2261.102,as"director and officer liability coverage"or similar coverage for all persons in management or governing positions within Contractor's organization or with management or governing authority over Contractor's organization(collectively"responsible persons"). Contractor shall maintain copies of liability policies on site for inspection by DSHS and shall submit copies of policies to DSHS upon request. This section applies to entities that are organized as non-profit corporations under the Texas Non-Profit Corporation Act;for-profit corporations organized under the Texas Business Corporations Act; and any other legal entity. Contractor shall maintain liability insurance coverage in an amount not less than the total value of this Contract and that is sufficient to protect the interests of Department in the event an actionable act or omission by a responsible person damages Department's interests. Contractor shall notify,and obtain prior approval from,the DSHS Contract Oversight and Support Section before settling a claim on the insurance. Section 12.06 Overtime Compensation. Except as provided in this section,Contractor shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any General Provisions(Core Subrecipient) 2014(June 28,2013) 21 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 li.ttp://xvww.dslis.state.tx.us/contracts/ofpm.shtnr. 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. Adrnin.Code§20.10 et seq. Contractors nray obtain a list of HUBS at litt ://www.window,state.tx,tisl roctirementl ro htih. 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). 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 Attachrnent(s). Prior to entering into a subrecipient agreement equaling or.exceeding$100,000, Contractor shall obtain written approval from DST-IS. Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. General Provisions (Core Subrecipient) 2014(.Tune 28,2013) 22 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 frilly aware of the requirements placed upon them by state/federal statutes,males, 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; e) measurable method and rate of payment and total not-to-exceed amount of the contract; d) clearly defined and executable termination clause;and e) beginning and ending dates that coincide with the dates of the applicable Program Attachment(s) or that cover a term within the beginning and ending dates of the applicable Program Attachment(s). Contractor is responsible to DSHS for the performance of any subcontractor. Contractor shall not contract with a subcontractor,at any tier,that is debarred,suspended,or excluded from or ineligible for participation in federal assistance programs; or if the subcontractor would be ineligible under the following sections of these General Provisions: Ineligibility to Receive the Contract section(Assurances and Certifications Article);or the Conflict of Interest or Transactions Between Related Parties sections(General Terms Article). Section 12.13 Status of Subcontractors. Contractor shall require all subcontractors to certify that they are not delinquent on any repayment agreements;have not had a required license or certification revoked; and have not had a contract terminated by the Department. Contractors shall further require that subcontractors certify that they have not voluntarily surrendered within the past three(3)years any license issued by the Department. Section 12.14 Incorporation of Terms in Subrecipient Subcontracts. Contractor shall include in all its contracts with 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 Attachnaent(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 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 terns of this Contract, Contractor shall immediately notify the contract manager assigned to the Program Attaclunent. Section 12.1 S Independent Contractor. Contractor is an independent contractor. Contactor 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 General Provisions(Core Subrecipient)2014 (June 28,2013) 23 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 forrn of business; legal standing; or authority to do business in Texas.A change in Contractor's naive 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. 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. Contractors shall inventory all equipment,and report the inventory on the Contractors Property Inventory Form or Form GC-11 as required under Section 12,23. 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. Tangible personal property includes controlled assets,including 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 are also considered Supplies. Prior approval by DSHS of tine purchase of controlled assets is not required, but such purchases must be reported on the Contractors Property Inventory Form or Form GC-11 as detailed under Section 12.23. Section 12.22 Changes to Equipment List. All items of equipment 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 Attaclnnent,a written description including complete product specifications and need justification prior to purchasing any item of unapproved equipment. if approved,Department will General Provisions(Core Subrecipient) 2014(June 28,2013) 24 acknowledge its approval by-means of a written ainendment 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 cquipment,supplies defined as 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-I 1 (Contractor's Property Inventory Report)to the Department's Contract Oversight and Support Section, Mail Code 1326,P.O. Box 149347,Austin,Texas 78714-9347,no later than October 15"'of each year. The report is located on the DSHS website at http://Nvww.dshs.state.tx.us/cormtracts/forms.slitin. 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 front 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 time 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 Iicensure 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 usefirl 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 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 emend 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 General Provisions(Core Subrecipient) 2014(June 28,2013) 25 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 Rinds 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 Rinds 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 governnnennt,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 employce of Congress, or an employee of a member of Congress in connection with the awarding of any contract or the extension, continuation,renewal,amendment,or modification of any contract(31 USC § 1352 and UGMS). If at any time this Contract exceeds$100,000 of federal funds,Contractor shall file with the contract manager assigned to the Program Attachment a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract,a certification that none of the funds provided by Department have been or will be used for payment to lobbyists,and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. Contractor shall file the declaration,certification,and disclosure at the.time of application for this Contract;upon execution of this Contract unless Contractor previously filed a declaration,certification,or disclosure form in connection with the award;and at the end of each calendar quarter in which any event occurs that materially affects the accuracy of the information contained in any declaration,certification,or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration,certification,and disclosure with the contract manager assigned to the Program Attachment. Contractor shall also comply,as applicable,with the lobbying restrictions and requirements in 2 CFR Part 230(OMB Circulars A-122),Appendix B paragraph 25;2 CFR Part 225(A-87)Appendix B section 24;2 CFR§215.27(A-110)and 2 CFR Part 220(A-21)Appendix A,subsection 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 interest that would conflict in any manner with the perfornnance 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 incnnber 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 General Provisions (Core Subrecipient)2014(June 28,2013) 26 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 behveert Contractor and a related party that is part of the work that the Department is purchasing under this Contract before entering into the transaction or immediately upon discovery. Contractor shall submit to the contract manager assigned to the Program Attachment the name,address and telephone number of the related party,how the party is related to Contractor and the work the related party will perform tinder 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 Cire.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 license to reproduce,publish,or otherlvrse 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 fiends. Contractor shall place an acknowledgment of federal awarding agency grant 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 awardin g a t ency)"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. apency)." 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 noncormmercial purposes(1) General Provisions(Core Subrecipient) 2014(June 28,2013) 27 the copyright,trademark,service mark,and/or patent on an invention,discovery,or improvement to any process,machine,manufacture,or composition of matter;products; teclmoiogy; scientific information; trade secrets;and computer sofhvare,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-eopyrightable 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-eopyrightable 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 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 General Provisions(Core Subrecipient)2014(June 28,2013) 28 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 otheiNvise 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 terra,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; 0 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 finided 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 finding 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,but the contract will not be amended. 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 made through a Contractor's Revision Request,rather than through the amendment process described in the Amendment section of this Article: a) cumulative budget transfers among direct cost categories,other than the equipment category, that exceed 25%of Program Attachments of$100,000 or more, provided that the total budget amount is unchanged(This subsection does not apply to contracts funded by funding sources that have different percentage requirements); b) budget transfer to other categories of funds for direct payment to trainees for training allowances; e) change in clinic hours or location; General Provisions(Core Subrecipient)2014(June 28,2013) 29 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,zncmbership 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 request the change in writing from their assigned contract manager. 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 tender this section. Section 13.18 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 13.19 Hold Harmless and Indemnification. Contractor,as an independent contractor,agrees to hold Department,the State of Texas,individual state employees and officers,and the federal government harmless and to indermtify 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 tinder this Contract. Section ]3.21 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 1 Tex.Admin. Code Chapter 213 and Website Accessibility Standards/Specifications specified in 1 Tex.Admin. Code Chapter 206(collectively EIR Standards)when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. If performance under this Contract includes the development,modification or maintenance of a website or other electronic and information resources for DSHS or for the public on behalf of DSHS, Contractor certifies that the website or other electronic and information resources comply with the 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 perforating 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,iricluding,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 General Provisions(Core Subrecipicnt)2014(June 28,2013) 30 cause of the delay or failure no longer exists and,if applicable,for any reasonable period of time thereafter required to resume performance. A Party,within a period of time reasonable under the circumstances,must inform the other by any reasonable method(phone,email,etc.)and,as soon as practicable,must submit written notice with proof of receipt,of the existence of a force majeure event or otherwise waive the right as a defense to non-performance. Section 13.23 Interim Contracts. The Parties agree that the Contract and/or any of its Program Attachments will automatically continue as an"Interim Contract"beyond the expiration date of the term of the Contract or Program Attaciunent(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 terra 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 reRmds or penalties owed to the Department; d) failure to comply with a repayment agreement with the DSHS or agreed order issued by DSHS; . c) failure by Contractor to provide a full accounting of fiends expended under this Contract; t) discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; 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 will General Provisions(Core Subrecipient)2014(June 28,2013) 31 determine remedies or sanctions on a case-by-case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies or sanctions in this section does not relieve Contractor of any obligations under this Contract. A state or federal statute,rule or regulation,or federal guideline will prevail over the provisions of this Article unless the statute,rule,regulation,or guideline can be read together with the provision(s)of this Article to give effect to both. If Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract,including but not limited to compliance with applicable statutes,rules or regulations,the Department may take one or more of the following actions: a) terminate this Contract or a Program Attachment of this Contract as it relates to a specific program type. In the case of termination,the Department will inform Contractor of the termination no less than thirty(30)calendar days before the effective date of the termination in a notice of termination, except for circumstances that require immediate termination as described in the Emergency Action section of this Article. The notice of termination will state the effective date of the termination,the reasons for the termination,and,if applicable,alert Contractor of the opportunity to request a hearing on the termination pursuant to Tex. Gov. Code Chapter 2105 regarding administration of Block Grants. Contractor shall not make any claim for payment or reimbursement for services provided from the effective date of termination; b) suspend all or part of this Contract. Suspension is an action taken by the Department in which the Contractor is notified to temporarily(1)discontinue performance of all or part of the Contract,and/or (2)discontinue incurring expenses otherwise allowable under the Contract as of the effective date of the suspension,pending DSHS's determination to terminate or amend the Contract or permit the Contractor to resume performance and/or incur allowable expenses. Contractor shall not bill DSHS for services performed during suspension,and Contractor's costs resulting from obligations incurred by Contractor during a suspension are not allowable unless expressly authorized by the notice of suspension; 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 Contractor consistent with Contract performance expectations,2)achieve or maintain the proposed level of service, 3)expend fiurds appropriately and at a rate that will make frill use of the award,or 4)achieve local match,if required; e) disallow costs and credit for snatching finds,if any,for all or part of the activities or action not in compliance; 1) temporarily withhold cash payments. Temporarily withholding cash payments means the temporary withholding of a working capital advance,if applicable, or reimbursements or payments to Contractor for proper charges or obligations incurred,pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; g) permanently withhold cash payments. Permanent withholding of cash payment means that Department retains funds billed by Contractor for(1)unallowable,undocumented,disputed, inaccurate,improper,or erroneous billings; (2)material failure to comply with Contract provisions;or (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 Rinds paid under this Contract; i) request that Contractor be removed from the Centralized Master Bidders List(CMBL)or any other state bid list,and barred from participating in future contracting opportunities with the State of Texas; j) delay execution of a new contract or contract renewal with Contractor while other imposed or proposed sanctions are pending resolution; k) place Contractor on probation. Probation means that Contractor will be placed on accelerated monitoring for a period not to exceed six(6)months at which time items of noncompliance must be resolved or substantial improvement shown by Contractor.Accelerated monitoring means more General Provisions(Core Subrecipient) 2014(June 28,2013) 32 frequent or more extensive monitoring will be performed by Department than would routinely be conducted; 1) require Contractor to obtain technical or managerial assistance; m) establish additional prior approvals for expenditure of funds by Contractor; n) require additional or more detailed, financial and/or programmatic reports to be submitted by Contractor; o) demand repayment from Contractor when it is verified that Contractor has been overpaid,e.g.,because of disallowed costs,payments not supported by proper documentation,improper billing or accounting practices,or failure to comply with Contract terms; p) pursue a claim for damages as a result of breach of contract; c]) 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 fiends, 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 fiends available under this Contract in amounts necessary to fiilfrll 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 snatch 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 or sariction 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 firll 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 General Provisions(Core Subrecipient)2014(June 28,2013) 33 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 site 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. ARTICLE XVI TERMINATION AND TEiA1PORARY SUSPENSION Section 16.01 Expiration of Contract or Program Attachment(s). Except as provided in the Survivability of Terms section of the General Terms Article,Contractor's service obligations stated in each Program Attachment will end upon the expiration date of that Program Attaclmrent unless extended or renewed by written amendment. Prior to completion of the term of all Program Attaclnnents,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 General Provisions (Core Subrecipient)20 14(June 28,2013) 34 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 a]I or part of this Contract, Department and Contractor hill 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 fiords 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 detenuination that the award was obtained fraudulently,or was otherwise illegal or invalid from inception. Section 16.04 Termination or Temporary Suspension Without Cause. a) Either Party may terminate this Contract or a Program Attachment,as applicable,with at least thirty (30)calendar days prior written notice to the other Party,except that if Contractor seeks to terminate a Contract or Program Attachment that involves residential client services,Contractor shall give the Department at least ninety(90)calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. b) Tile 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 finds 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 the suspension. d) Department may terminate this Contract or a Program Attachment immediately when,in the sole determination of Department,termination is in the best interest of the State of Texas. Section 16.05 Termination For Cause. Either Party may terminate for material breach of this Contract with at least thirty(30)calendar days written notice to the other Party. Department may terminate this Contract,in whole or in part,for breach of contract or for any other conduct that jeopardizes the Contract objectives,by giving at least thirty(30)calendar days written notice to Contractor. Such conduct may include one or more of the following; a) Contractor has failed to adhere to any laws,ordinances,rules,regulations or orders of any public authority having jurisdiction; b) Contractor fails to communicate with Department or fails to allow its employees or those of its subcontractor to communicate with Department as necessary for the performance or oversight of this Contract; e) Contractor breaches a standard of confidentiality with respect to the services provided under this Contract; General Provisions(Core Subrecipient)2014(June 28,2013) 35 d) Department determines that Contractor is without sufficient personnel or resources to perform under this Contract or that Contractor is othetwise 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 tinder 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 becorne due; 4) if judgment for the payment of money in excess of$50,000 (that is not coveted by insurance)is rendered by any court or govermnental 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 bas 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 attaclunent 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 tinder any such law; 8) any property or portion of the property of Contractor is sequestered by court order and the order remains in effect for more than thirty(30)calendar days after Contractor obtains knowledge of the sequestration; 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 set vices under this Contract is not obtained or is revoked, is surrendered, expires,is not renewed,is inactivated or is suspended. General Provisions(Core Subrecipient) 2014(June 28,2013) 36 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 TERIMINATED CONTRACTS Section 17.01 Void Contracts, Department may void this Contract upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from its inception. Section 17.02 Effect of Void,Suspended,or Involuntarily Terminated Contract. A Contractor who has been a party to a contract with DSHS that has been found to be void,or is suspended, or is terminated for cause is not eligible for expansion of current contracts,if any,or new contracts or renewals until,in the case of suspension or termination,the Department has determined that Contractor has satisfactorily resolved the issues underlying the suspension or termination. Additionally,if this Contract is found to be void,any amount paid is subject to repayment. Section 17.03 Appeals Rights. Pursuant to Tex. Gov. Code§ 2105.302,after receiving notice from the Department of termination of a contract with DSHS firnded 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 scrvices 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- reueival 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 tinder this Contract within sixty(60)calendar days after the Contract or Program 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 fiords 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 refiind due,which Contractor shall pay within the time period established by the Department. General Provisions(Core Subrecipient)2014(.Tune 28,2013) 37 Section 18.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's fight to disallow costs and recover Rinds on the basis of a later audit or other review or Contractor's obligation to return any fiends due as a result of later refiinds,corrections,or other transactions. General Provisions(Core Subrecipient)2014 (.Tune 28,2013) 38 Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant in the amount of $447,758-00 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; and to ratify acceptance of the grant to begin as of October 1, 2013. Be it ordained by the City Council of the City of Corpus Christ!, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate a grant in the amount of $447,758.00 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, based on a $12.34 reimbursement for each participant served (Contract #2014-045103). Section 2. The City Council ratifies acceptance of the grant to begin as of October 1, 2013. A copy of the documents 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 12013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor SC AGENDA MEMORANDUM µ a First Reading Ordinance Item for the City Council Meeting of October 29, 2013 Second Reading Ordinance for the City Council Meeting of November 12, 2013 DATE: September 30, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services MarkVV@cctexas.com (361) 826-3897 Ordinance appropriating funds from the Sanitary Sewer Trunk System Trust Fund to reimburse the developer for the construction of a Wastewater Lift Station. CAPTION: Ordinance appropriating $411,387.25 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real Estate Group, Inc., ("Developer") for the construction of Tortuga Dunes/Zahn Road/Packery Channel wastewater lift station and force main improvements in accordance with the approved reimbursement agreement executed with the Developer. PURPOSE: Reimburse Developer for the construction of the wastewater lift station and dual force mains. BACKGROUND AND FINDINGS: Under the Construction and Reimbursement Agreement for the Tortuga Dunes/Zahn Road/Packery Channel Development Area Wastewater Lift Station and Force Main Improvements and per the existing Platting Ordinance at the time the agreement was executed, Developer is requesting a reimbursement. The City's Whitecap WWTP Service Area Master Plan required the construction of a lift station and dual force mains in order for the Packery Channel Development Area and The Preserve at Mustang Island, Unit 1, and adjacent areas in Whitecap WWTP Service Area 11 to have sanitary sewer service. The reimbursement agreement amount approved is $2,457,890.25. Total amount paid to date is $2,046,503.00. Outstanding balance as of 9/30/2013 is $411,387.25. Current appropriation request is $411,387.25. Total amount due after appropriation is $0 (See table for detailed information). Agreement Approved Amount$2,457,890.25 Date Paid Amount 6/18/2009 $ 432,503.00 12/16/2010 $ 514,000.00 1/11/2012 $ 432,503.00 1/18/2012 $ 217,497.00 5/10/2013 $ 450,000.00 Total Paid Out $ 2,046,503.00 Outstanding Balance as of 9/30/2013 $ 411,387.25 Current 10/22/2013 Appropriation $ 411,387.25 Outstanding Balance after Appropriation $ - ALTERNATIVES: Denial of the ordinance appropriating $411,387.25 OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Developer has constructed the Zahn Road Lift Station and Dual Force Mains per the Construction and Reimbursement Agreement for the Tortuga Dunes/Zahn Road/Packery Channel Development Area Wastewater Lift Station and Force Main Improvements. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Sanitary Sewer Trunk System Trust Fund Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $644,257.97 Encumbered / Expended Amount $86,242.86 This item $411,387.25 BALANCE $146,627.86 Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of appropriation ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Approved Reimbursement Agreement Ordinance appropriating $411,387.25 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real Estate Group, Inc. ("Developer") for the construction of the Tortuga Dunes/Zahn Road/Packery Channel wastewater lift station and force main improvements in accordance with the approved reimbursement agreement executed with the Developer. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $411 ,387.25 is appropriated from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real Estate Group, Inc. ("Developer"), for construction of the Tortuga Dunes/Zahn Road/ Packery Channel wastewater lift station and force main improvements in accordance with the reimbursement agreement approved by the City Council on March 31 , 2009 (Motion 2009-078) and executed with the Developer. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor CONSTRUCTION AND REIMBURSEMENT AGREEMENT Tortuga Dunes/Zahn Road/Packery Channel Development Area Wastewater Lift Station and Force Main Improvements THE STATE OF TEXAS COUNTY OF NUECES This Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Forestar(USA) Real Estate Group Inc., a Delaware corporation duly authorized to do business in Texas ("Developer"), whose headquarters is located at 6300 Bee Caves Road, Building Two, Suite 500, Austin, Texas 78746. WHEREAS, Developer in compliance with the City Platting Ordinance, has fled a plat to develop a tract of land of approximately 33.53 acres called The Preserve at Mustang Island, Unit 1, along Zahn Road, as shown in the attached EXHIBIT 1; WHEREAS, the City's Whitecap WWTP Service Area Master Plan requires the construction of a lift station and dual force mains in order for the Packery Channel Development Area and The Preserve at Mustang Island, Unit 1, and adjacent areas in Whitecap WWTP Service Area 11 to have sanitary sewer service; WHEREAS, the provision of central wastewater service and additional area infrastructure improvements are necessary to timely advance the joint development goals of the Packery Channel Development Area, as intended by the City and the General Land Office of the State of Texas, and as enumerated in the Padre Island Action Plan; WHEREAS, the lift station and dual force mains are not in place at this time, but these improvements are included in the City's Wastewater Treatment Plant Master Plan for the Whitecap WWTP Service Area, to provide City wastewater service to Service Areas 11 and 12; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of the lift station and dual force mains; WHEREAS, under the Platting Ordinance, the Developer is eligible for full reimbursement of the Developer's costs incurred for the construction of the lift station and dual force mains on behalf of the City; WHEREAS, it is essential that the lift station and dual force mains be constructed in connection with The Preserve at Mustang Island, Unit 1, development for service to be provided upon completion of The Preserve at Mustang Island, Unit 1; and WHEREAS, it is to the best interest of the City and the Developer for the Zahn Road Lift 2009-126 -rains be constructed in accordance with the City of Corpus 03/31/09 Page 1 of 8 M2009-078 Forestar(USA) Real Estate Group oad LS FM dr-bcr 03022009(2).doc Christi Ordinances as specified in the Wastewater Treatment Plant Master Plan for the Whitecap WWTP Service Area and within the Zahn Road Lift Station and Force Main Design Memorandum; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Zahn Road Lift Station and Dual Force Mains under the Design Memorandum as required for the Packery Channel Development Area, the Preserve at Mustang Island and for additional adjacent property in Service Areas 11 and 12, in compliance with the City's Platting Ordinance and under the plans and specifications approved by Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer has contracted with a professional engineer, Naismith Engineering, Inc., who were acceptable to the City's Development Services Engineer, which firm has prepared and obtained the January 22, 2008 approval of the City's Development Services Engineer for the Zahn Road Lift Station and Force Main Design Memorandum; which firm has also prepared detailed plans and specifications for the Zahn Road Lift Station and Force Mains, with the following basic design parameters: (1) LIFT STATION: (a) Lift station structure designed for ultimate capacity of 0.6 MGD. (b) Pump installation and design will be based on the following phasing with Developer installing Phase 'I as part of this Agreement: (i) Phase 1 initial design Q = 121 GPM. (ii) Phase 2 add force main capacity Q=277 GPM (iii) Phase 3 add Svc. Area 12 flows Q=418 GPM or 0.6GPD. (2) DUAL SANITARY SEWER TRUNK FORCE MAINS: (a) Install 7,124 feet of 4" PVC and 1,400 feet of 4"HDPE sanitary sewer force main line and appurtenances. (b) Install 7,124 feet of 6" PVC and 1,400 feet of 6" HDPE sanitary sewer force main line and appurtenances. (c)At the Packery Channel crossing, install four(4) additional pipes in the existing channel crossing sleeve, each 1,400 feet long, three (3) of 8" HDPE, and one (1) of 2" HDPE, and appurtenances. Page 2 of 8 Trust Fund Reim bAgrment-Zahn Road LS FM dr-bcr 03022009(2).doc (d) The force mains described in subparagraphs (a), (b), and (c) of this paragraph will begin at the Zahn Road Lift station and end at an existing wastewater manhole located at a point across South Padre Island Drive (Park Road 22) designated by the City, where they will terminate at an existing manhole. The size of the force mains were dictated by the design as approved by the City of Corpus Christi. b. The plans and specifications for the lift station and dual force mains are those prepared by Naismith Engineering, Inc., under Job No. 7818, dated and sealed on June 5, 2008. 3. SITE IMPROVEMENTS. Prior to construction of the lift station and dual force mains, Developer shall acquire from General Land Office (for the Permanent School fund) the two sewer easements and from a private landowner one sewer easement to permit the dual force mains to be connected across Packery channel to the City of Corpus Christi Whitecap sewage collection system at a manhole located at a point adjacent to South Padre Island Drive (Park Road 22) as identified and directed by City of Corpus Christi. These easements will be granted to the City of Corpus Christi or upon City acceptance of improvements dedicated to the City of Corpus Christi, as instructed by the City. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance, if any. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer has taken bids for the work under the requirements of the City of Corpus Christi, and shall award a contract and complete the lift station and force mains, under the approved plans and specifications, no later than 270 working days after the date of approval of this Agreement by the City of Corpus Christi (subject to extension for force majeure delays). fi. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this agreement. 7. DEFAULT. a. The following events constitute default: 1. Developer fails to award a contract for the construction of the project, under the approved plans and specifications, by the 30th calendar day after the date of approval of this Construction and Reimbursement Agreement by City Council. 2. Developer's contractor does not reasonably pursue construction of the project under the signed bid documents accompanying the approved plans and specifications. 3. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before 240 work days after receiving notice to proceed (subject to extension for force majeure delays). Page 3 of 8 Trust Fund Reim bAgrment-Zahn Road LS FM dr-bcr 03022009(2).doc b. In the event of default, the City has all its common law remedies in addition to the following: 1. Cancellation of this reimbursement agreement after notice and opportunity to cure as provided herein. 2. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD-PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253, and must be in the form and substance as attached to this agreement. The performance and payment bond must name Developer and City as joint obligees. 10. NOTICE AND CURE. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party at the following address: 1. If to the Developer: Forestar(USA) Real Estate Group Inc. 6300 Bee Caves Road, Building Two, Suite 500 Austin, Texas 78746 Attn: Wayne McDonald, Senior Vice President With copy to: Forestar(USA) Real Estate Group Inc. 6300 Bee Caves Road, Building Two, Suite 500 Austin, Texas 78746 Attn: General Counsel Page 4 of 8 'trust Fund ReimbAgrment-Zahn Road LS FM dr-bcr 03022009(2).doc 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Should Developer fail to perform any obligation or duty of this agreement, the City shall give written notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer commence to perform the obligation or duty within 25 days after receipt of such notice, and continue such performance with diligence, then no event of default shall be deemed to have occurred. c. But if Developer should fail to perform or commence to perform the required obligation or duty within 25 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. d. In the alternative, in the event of Developer's failure to cure or commence to cure any such breach within 25 days after receipt by Developer of a second notice in writing from City of the need to perform the obligation or duty, the City may terminate this agreement. e. If City has performed an obligation or duty of Developer, then Developer shall pay to City the cost of such performance within 30 days from the date Developer receives written notice and substantiation of the cost to City of such performance. f. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof'of delivery, delivery prepaid; or by personal delivery. g. The provision for notice and cure contained in this agreement do not apply to a default under Section 7(a) of this agreement. h. The dates for completion of the lift station and dual force mains may be extended for each day that completion is delayed by inability to obtain labor or materials, weather making the work impracticable, acts of God, or other forces beyond the control of Developer (but not financial inability). These causes of delays are called "force majeure". 11. WARRANTY. Developer shall have contractor execute a warranty of the workmanship of the lift station and dual force mains for a period of one year from and after the date of acceptance of the facilities by the Development Services Engineer. The warranty must be assigned and transferred to the City upon completion of this project. Page 5 of 8 Trust Fund Reim bAgrment-Zahn Road LS FM dr-bcr 03022009(2).doc z E 12. REIMBURSEMENT a. Subject to availability of funds in the Sanitary Sewer Trunk System Trust Fund, and the appropriation of the funds by the City Council, the City will reimburse the Developer 100% of the cost of the lift station and dual force mains, including in the calculation of such cost, but not limited to the following items: The payments to a contractor for the construction and installation of the lift station and dual force mains, costs of permits and inspection fees, costs of design and construction inspection, costs of easements from General Land Office and private parties, and the costs of environmental permitting, but not including the costs of mitigation of impacts. The costs to be reimbursed are those described on "Project Costs - Exhibit B" prepared by Naismith Engineering, Inc., and attached hereto. The City will, contingent on collection of sewer acreage and lot fees, continue to deposit funds into the Sanitary Sewer Trunk System Trust Fund consistently with past practices. b. If funds are available and appropriated during the construction of the lift station and dual force mains, the City agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed. Reimbursement of eligible costs will be made by the later of within 15 days from the date of invoice or 15 days from funds becoming available and appropriated. c. To be eligible for reimbursement, the work completed to date must comply with the approved plans and specifications, and have been inspected and are acceptable by the City, which inspection and acceptance will not be unreasonably delayed, withheld or conditioned. d. If funds are not available or appropriated until after the work has been completed, the City will reimburse the Developer when the funds are available and appropriated in the Sanitary Sewer Trunk System Trust Fund. The order of reimbursement of un- reimbursed developers will be determined according to the dates the sanitary sewer trunk system construction and reimbursement agreements are approved by the City Council. Only two projects, being Bahia Vista Subdivision Unit I and 37 Industrial Park, are currently beneficiaries of dates of reimbursement agreements approved by City Council which are earlier than the lift station and dual force mains which are the subject of this agreement. 13. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees (Indemnitees") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this lift station and dual force main construction. 14. DISCLOSURE OF OWNERSHIP INTEREST. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of Page 6 of 8 Trust Fund ReimbAgrment-Zahn Road LS FM qr-bcr 03022008(2).doc this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 44C„ 15. AGREEMENT EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this /oday of , 2009. ATTEST: THE CITY OF CORPUS CHRISTI f By: I-WJe Xo Bolo r Armando Chapa g R. Escobar City Secretary Ity, Manager r APPROVED AS TO FORM: _day of 2009 By: .. „ , ... . . .AUTHORIZEP R. J Re' ing 9Y COU14CIL.. 3 3 .�.... First As scant C-6/Attorney AL SECRETAar 104 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2009, by 'Angel R. Escobar, City Manager, City of Corpus Chrlst , Texas, a Texas home-rule municipal corporation, on behalf of the corporation. �QLYHOUGRM i Notary Pu� c, State o W CoM14p$ M EXPIRES exas Page 7 of 8 Trust Fund Reim bAgrment-Zahn Road LS FM qr-bcr 03022009(2).doc DEVELOPER: FORESTAR (USA) REAL ESTATE GROUP INC. BY: ��- [NAM ] [TITLE] THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ' 2009, by Wo- c d , Senior Vice President of Forestar(USA) Real Estate Group Inc., a De ware corporation on behalf of the corporation .•�a�°°e •. SOPNIA A.WILCOX n, Notary Putdic,Stale of Texas •y; My Commission Expires Notary Public, State of Texas •'�EOa,E��.,, MARCti 20,2010 Page 8 of 8 Trust Fund Reim bAgrment-Zahn Road LS FM dr--bcr 03022009(2).doc Naismith Project Costs - Exhibit gnglineswingA 4501 Gdlihar Road. Con,us Clrristi,TX 78411 361-814-9906 Fax 361-814-4401 Title: Zahn Road Lift Station & Force Main NEI#: 7818 Date Award: September 2,2008 Date Contract Commenced: Original Contract Amount: $2,457,890.25 Original Contract Days: 240 Working Days Total Change Order Amount: $0.00 Change in Contract Days: 0 Working Days Adjusted Contract Amount: $2,457,890.25 Adjusted Contract Days: 240 Working Days NEI Engineer: Craig B. Thompson,P.E. Date: NEI Contact: Thomas Tiffin Inspected By: Owner: The Preserve at Mustang Island,L.L.C. Contractor: Big State Excavation Contact: Barrett Allison Contact: Gary Meurer Address: 1300 S.Mopac Expressway Address: PO Box 260297 Austin,Texas 78746 Corpus Christi,Texas 78410 Phone: (512)422-2209 Phone: (361)537-5013 A. AMOUNT OF ORIGINAL CONTRACT ITEMS COMPLETED TO DATE: Lift Station ITEM No. DESCRIPTION QUANT 1 V UNIT QUANTITY CONTRACT UNIT TOTAL COST COMPLETE PRICE 1 Stabilized Construction Entrance&Exit 1 EA 1 $2,000.00 $2 000.0 2 Reinforced Filter Fabric Fence 333 LF 333 $2.00 $666.0 3 Ha Bales 1 LS 1 $1,000.00 $1,000.0 4 Site Clearing and Stripping 0.32 AC 0.32 $3,000.00 $960.0 5 Site Grading 1 LS 1 $3,000.00 $3,000.0 6 Lift Station and Appurtenances 1 LS 1 $580,000.00 $580,000.0 Dewatering/Well Pointing for Lift Station and 7 1 LS 1 $50,000.00 $50,000.0 Appurtenances Installation 8 Odor Control i LS 1 $140,000.00 $140,000.0 9 8"Gravity Sanitary Sewer 110 LF 110 $140.00 $15,400.0 10 8" End Plu 2 EA 2 $100.00 $200.0 11 12" Gravity Sanitary Sewer 70 LF 70 $160.00 $11,200.0 12 Sanitary Sewer Fiberglass Manhole 5'Diameter 1 EA 1 $20,000.00 $20,000.0 IT-21'Depth 13 Tie to Public Sanitary Sewer Manhole Stub Out 1 LS 1 $2,500.00 $2,500.0 Dewatering/Well Pointing for Sanitary Sewer 14 Gravity Line Installation 1 LS 1 $1,000.00 $1,000.0 15 Trench Safety 200 LF 200 $15.00 $3,000.0 16 PVC Pressure Pipe-4" 130 LF 130 1 $20.00 $2,600.0 17 Dual Water Service Connection I EA 1 $2,500.00 $2,500.0 18 Connection to Existing 8" Water Pie I LS 1 $2,500.00 $2,500.0 19 Crushed Limestone on Landscape Fabric-6" 1 LS 1 $10,000.00 $10,000.0 20 Reinforced Concrete Pavement-5" 208 SY 208 $130.00 $27,040.0 21 HMAC Pavement Repair for Street Improvements 7 SY 7 $275.00 $1,925.0 22 Cantilever Gate with Card Reader 1 LS 1 $32,000.00 $32,000.0 23 Concrete Masonry Wall with Footing 197 LF 197 $500.00 $98,500.0 SCADA RTU Panel for Two Pump Lift Station w/ 24 Flow by Rabalais instrument&Electrical 1 LS 1 $35,000.00 $35,000.0 forIstntctors - - - -- -. Page 1 of 2 Title: Zahn Road Lift Station & Force Main NEI#: 7818 Force Main ITEM NO. DESCRIPTION QUANTITY UNIT QUANTITY CONTRACT UNIT TOTALCOST COMPLETE PRICE 25 Reinforced Filter Fabric Fence 4,605 LF 4,605 $2.00 $9,210.0 26 Straw Bale Fence(Force Main) I LS 1 $200.00 $200.0 27 4"PVC AWWA C900-DR18-150 si Force Main 7,124 LF 7,124 $18.00 $128232.0 28 4"HDPE- 150psi Force Main 1,400 LF 1,400 $5.00 S7,000,0 29 4"PVC AWWA C907 Class 150 Fittings 13 EA 13 $400.00 $5,200.0 30 4"Air Release Valve 3 EA 3 $4,000.00 $12,000.0 31 6"PVC AWWA C900-DR18-150 si Force Main 7,124 LF 7,124 $21.00 $149,604.0 32 6" HDPE- 150psi Force Main 1,400 LF 1,400 $9.00 $12,600.0 33 6"PVC AWWA C907 Class 150 Fittings 13 EA 13 $450.00 $5,850.0( 34 6"Air Release Valve 3 EA 3 $4,000.00 $12,000.0 35 Packery Channel Casing Connection 2 EA 2 $5,000.00 $10,000.0 36 8"HDPE- 150psi Pie "A" 1,400 LF 1,400 $16.00 $22,400.0 37 8" HDPE- 150psi Pipe"B" 1,400 LF 1,400 $16.00 $22,400.0 38 2" HDPE- 150psi Pipe"D" 1,400 LF 1,400 $2.00 $2,800.0 39 Packery Channel Bundling 1 LS 1 $200,000.00 $200,000.0 40 HMAC Pavement Re air for Street Improvements 69 SY 69 $100.00 $6,900.0 41 Driveway Repair for Force Main 66 SY 66 $140.00 $9,240.0 42 Force Main Markers 27 EA 27 $150.00 $4,050.0 43 Connection to Existing Manhole 1 LS 1 $2,700.00 $2,700.0 44 Anti-Flotation Devices I LS l $800.00 $800.0 41 Dewatering/Well Pointing for Force Main I LS 1 $500.00 $500.0 Installation Easement Acquisition ITEM NO. DESCRIPTION QUANTITY UNIT QUANTITY CONTRACT UNIT TOTAL COST COMPLETE PRICE 42 Texas General Land Office-Lift Station 1 LS 1 $105,050.00 $1051050.0 43 Texas General Land Office-Force Main 1 LS 1 $125,050.00 $125,050.0 44 Private Landowner-Force Main 1 LS 1 $150,000.001 $150,000A Miscellaneous ITEM NO. DESCRIPTION QUANTITY UNIT QUANTrrY CONTRACT UNIT TOTAL COST COMPLETE PRICE 45 IAEP Electrical Requirements 1 LS 1 1 $50,000.00 $50,000.0 Professional Services ITEM NO. QUANTITY CONTRACT UNIT DESCRIP'1'rON QUANTITY UNIT TOTAL COST COMPLETE PRICE 46 Engineering(7.5%ofConstructionCost) 1 LS 100% $125,000.78 $125,000.7 47 TopogrNhic Survey(2.0%of Construc(ion Cost) 1 LS 100% $33,333.54 $33,333.5 48 Construction Administration I LS 100% $16,666.77 $16,666.7 49 Testing(Geotechntcal) 1 LS 100% $16,666.77 $16,666.7 50 Storm Water Pollution Prevention Plan(SWPPP) 1 LS 100% $7,500.00 $7,500.0 51 Traffic Control Plan(TCP) I LS 100% $5,000.00 $5,000.0 52 Co s of Engineers Permit 1 EA 1 $8,000.00 $8,000.0 53 Beachfront Construction Certificate I EA 1 $4,000.00 $4,000.0 54 TxDOT-Uility Permit 2 EA 2 $3,000.00 $6,000.0 55 Easement Acquisition Administration I LS 100% $11,403.00 $11,403.0 55 ROW Surve in ,Parcel Descriptions,&Maps I LS 100% $10,500.00 $10,500.0 56 Proiect Contingency 5% 100% $117,042.391 117 042.3 Page 2 of 2 AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of October 29, 2013 2852 Action Item for the City Council Meeting of November 12, 2013 DATE: October 29, 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) 826-1972 Freightliner Trucks with Trash Bodies CAPTION: Motion approving the lease-purchase of eight (8) Freightliner trucks with trash bodies from Freightliner of Houston, Houston, Texas for a total amount of $1,573,114.00. 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 Solid Waste Department for brush collection throughout the City. BACKGROUND AND FINDINGS: These units will be replacements to the fleet. All eight (8) trucks are equipped with CNG engines and are replacing diesel-fueled vehicles. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Financing for the lease-purchase of the Freightliner trucks with trash bodies is based on a sixty- month term with an estimated interest rate of 2.18% for an annual payment of$332,366.60. The total estimated cost over the five-year period, including principal of $1,573,114.00 and interest of$88,718.99, is $1,661,832.99. 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: 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 $477,901.63 $1,495,649.67 $1,973,551.30 Encumbered / Expended Amount $169,305.59 $0 $169,305.59 This item $166,183.32 $1,495,649.67 $1,661,832.99 BALANCE $142,412.72 $142,412.72 Fund(s): General Fund Comments: The $166,183.32 financial impact shown above represents six (6) months of payments that will be encumbered through the end of this fiscal year. The remaining $1,495,649.67 for the last fifty-four (54) 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 TRUCKS WITH TRASH BODIES Houston Freightliner, Inc. Houston, Texas UNIT EXTENDED ITEM DESCRIPTION QTY.1 UNIT PRICE PRICE 2014 Freightliner 114SD Cab/Chassis with 1. Peterson TB-2245 Trash Body and CNG 8 Each $196,639.25 $1,573,114.00 Engine/Fuel System. TOTAL: $1,573,114.00 d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of October 29, 2013 2852 Action Item for the City Council Meeting of November 12, 2013 DATE: October 29, 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) 826-1972 Peterbilt Trucks with Automated Side Loaders CAPTION: Motion approving the lease-purchase of six (6) Peterbilt trucks with automated side loaders from Rush Truck Centers of Texas, L.P., Houston, Texas for a total amount of $1,897,112.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the city's lease-purchase financing contractor. PURPOSE: To be used by the Solid Waste Department for refuse collection throughout the City. BACKGROUND AND FINDINGS: These units will be replacements to the fleet. All six (6) trucks are equipped with CNG engines and are replacing diesel-fueled vehicles. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Financing for the lease-purchase of the Peterbilt trucks with automated side loaders is based on a sixty-month term with an estimated interest rate of 2.18% for an annual payment of $400,820.76. The total estimated cost over the five-year period, including principal of $1,897,112.00 and interest of$106,991.80, is $2,004,103.80. 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: 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 $2,697,427.67 $1,903,898.61 $4,601,326.28 Encumbered / Expended Amount $2,338,954.54 $0 $2,338,954.54 This item $100,205.19 $1,903,898.61 $2,004,103.80 BALANCE $258,267.94 $258,267.94 Fund(s): General Fund Comments: The $100,205.19 financial impact shown above represents three (3) months of payments that will be encumbered through the end of this fiscal year. The remaining $1,903,898.61 for the last fifty-seven (57) 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 TLGPC CONTRACT NO. 358-10 BUYER: GERALD GOODWIN PETERBILT TRUCKS WITH AUTOMATED SIDE LOADERS Rush Truck Centers of Texas, L.P. Houston, Texas UNIT EXTENDED ITEM DESCRIPTION QTY.1 UNIT PRICE PRICE 2014 Peterbilt 320 CNG Cab/chassis, Right 1. Hand Drive, with Heil 28 yd. Durapack 4 Each $319,028.00 $1,276,112.00 Python Automated Side Loader. 2014 Peterbilt 320 CNG Cab/chassis, Right 2. Hand Drive, with McNeilus 28 yd. ZR 2 Each $310,500.00 $621,000.00 Automated Side Loader. TOTAL: $1,897,112.00 d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of October 29, 2013 2852 Action Item for the City Council Meeting November 12, 2013 DATE: October 29, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a)-cctexas.com (361) 826-3169 Gustavo Gonzalez, Director of Water Operations q ustavogo(cD-cctexas.com (361) 826-1874 Water Meters and Registers CAPTION: Motion approving a supply agreement with Neptune Technology Group, Inc., Tallassee, Alabama for water meters and registers for a total estimated expenditure of $635,968.48. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (HGAC). The term of the agreement shall be for nine (9) months. Funds have been budgeted by the Water Department in FY 2013 - 2014. PURPOSE: The meters and registers are used by the Water Department in new service connections and in making repairs to existing connections. BACKGROUND AND FINDINGS: Due to long lead times and increasing volumes, a supply agreement must be established in order to satisfy current and future demand for water meters and registers. The supply agreement will ensure that needed water meters and registers are available as required so as not to impede new taps or repairs performed in daily operations. The supply agreement will end on 7/31/14 as the HGAC contract also expires on 7/31/14. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Water Department. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $774,170.87 $0 $774,170.87 Encumbered / Expended Amount $138,202.39 $0 $138,202.39 This item $635,968.48 $0 $635,968.48 BALANCE $0 $0 Fund(s): Water Fund Comments: The $635,968.48 financial impact shown above represents nine (9) months of expenditures that will be encumbered through the end of this fiscal year. 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. WM08-12 BUYER: GERALD GOODWIN WATER METERS AND REGISTERS Neptune Technology Group, Inc. Tallassee, Alabama UNIT EXTENDED ITEM DESCRIPTION QTY PRICE PRICE 1.1 5/8" meter 300 $ 70.75 $ 21,225.00 1.2 3/4" meter 1750 84.93 148,627.50 1.3 1" meter 500 125.66 62,830.00 1.4 1-1/2" meter 40 294.55 11,782.00 1.5 2" meter 70 376.73 26,371.10 1.6 1-1/2" HPT meter 15 436.68 6,550.20 1.7 2" HPT meter 50 457.36 22,868.00 1.8 3" HPT meter 10 641.72 6,417.20 1.9 4" HPT meter 10 836.83 8,368.30 1.10 6" HPT meter 10 1,354.51 13,545.10 1.11 8" HPT meter 2 1,741.52 3,483.04 1.12 10" HPT meter 1 3,003.55 3,003.55 1.13 12" HPT meter 1 8,750.00 8,750.00 1.14 1" direct read meter 5 125.66 628.30 1.15 2" direct read meter 5 376.73 1,883.65 2.1 5/8" register 2000 45.11 90,220.00 2.2 3/4" register 3500 45.11 157,885.00 2.3 1" register 600 45.11 27,066.00 2.4 1-1/2" register 100 45.11 4,511.00 2.5 2" register 100 45.11 4,511.00 2.6 1-1/2" HPT register 20 45.11 902.20 2.7 2" HPT register 40 45.11 1,804.40 2.8 3" HPT register 20 45.11 902.20 2.9 4" HPT register 5 45.11 225.55 2.1 6" HPT register 20 45.11 902.20 2.11 8" HPT register 5 45.11 225.55 2.12 10" HPT register 2 45.11 90.22 2.13 12" HPT register 2 45.11 90.22 2.15 1" direct read register 5 30.00 150.00 2.16 2" direct read register 5 30.00 150.00 TOTAL: $ 635,968.48 SC AGENDA MEMORANDUM Future Item for the City Council Meeting of October 29, 2013 Gd7apr�M M1ry�p xs Action Item for the City Council Meeting of November 12, 2013 DATE: October 11, 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 Monitoring Contract Rincon Bayou Diversion Nueces Bay System Salinity and Freshwater Inflow Monitoring 2013-2014 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Monitoring Services with the Conrad Blucher Institute at Texas A&M University - Corpus Christi in the amount of $94,605.00 for Rincon Bayou Diversion - Nueces Bay System Salinity and Freshwater Inflow Monitoring 2013-2014. PURPOSE: The purpose of this Agenda Item is to execute the contract for monitoring services. BACKGROUND AND FINDINGS: The Contract for Monitoring Services provides resources necessary to perform monitoring and data collection required by the Texas Commission on Environmental Quality (TCEQ) as part of the amendment of the City's reservoir operating plan which allows reduction of mandatory water releases. The salinity monitoring is an annual requirement of the amended operating plan which originated in 1991. Elimination of the required monitoring requires reconsideration of the permit by TCEQ. TCEQ permit hearings are not limited to individual topics. A permit hearing could result in the imposition of requirements not desirable for optimal water conservation. The Conrad Blucher Institute (CBI) of Texas A&M University - Corpus Christi has conducted extensive research in the Rincon Bayou, local bays and estuaries. The CBI is considered the foremost expert in local near shore salinity research, and has existing salinity monitoring stations that will be sued to collect the required data. The CBI has conducted the required salinity monitoring for the City since the Reservoir Operating Plan was amended by TCEQ. This Contract term is November 15, 2013 through September 30, 2014. If contract is approved, CBI's first invoice may cover period beginning on October 1, 2013. ALTERNATIVES: 1. Execute the amended Contract for Professional Services with the Conrad Blucher Institute at Texas A&M University - Corpus Christi as proposed. 2. Do not execute the amended Contract for Professional Services with the Conrad Blucher Institute at Texas A&M University- Corpus Christi as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2013-2014 Water Operating Budget EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: ®Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year Project to 2013-2014 Date Current Year Future Years TOTALS Expenditures Line Item Budget $101,228.00 $101,228.00 Encumbered / Expended Amount This Item $94,605.00 $94,605.00 Future Anticipated Expenditures This Project $6,623.00 $6,623.00 BALANCE $0.00 $0.00 Fund(s): Water Operating Comments: The Contract for Monitoring Services will result in the expenditure of an amount not to exceed $94,605.00. RECOMMENDATION: City Staff recommends approval of the Contract for Monitoring Services with the Conrad Blucher Institute at Texas A&M University - Corpus Christi in the amount of $94,605.00 for Rincon Bayou Diversion - Nueces Bay System Salinity and Freshwater Inflow Monitoring 2013-2014. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint Presentation PROJECT BUDGET Rincon Bayou Diversion Project Nueces Bay System Salinity and Freshwater Inflow Monitoring 2013-2014 FUNDS AVAILABLE: Water Operating....................................................................................... $101,228.00 FUNDS REQUIRED: Original (TAMU-CC, Conrad Blucher Institute)................................................ 94,605.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)............................. 2,129.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)................................. 2,838.00 Finance................................................................................................... 1,183.00 Misc....................................................................................................... 473.00 TOTAL................................................................................................... $101,228.00 PROJECT BUDGET BALANCE.................................................................. $0.00 Mproject\councilexhibits��xh8443.dwg Ilk, A W 9'M rMl'l Hl 0, S 1p 77 .�thm LLI 19M SALINITY MONITORING STATIONS RINCON BAYOU DIVERSION PROJECT CITY COUNCIL EXHIBIT NUECES SAY SYSTEM SALINITY CITY OF CORPUS CHRISTI, TEX4S AND FRESHWATER INFLOW MONITORING DEPARTMENT OF ENGINEERING SERVICES 2013-2014 PAGE: 1 of 1 PROJECT#8443 CITY OF CORPUS CHRISTI RINCON BAYOU DIVERSION NUECES BAY SYSTEM SALINITY AND FRESHWATER INFLOW MONITORING 2013-2014 (City Project No. 8443) CONTRACT FOR MONITORING SERVICES The City of Corpus Christi, Texas, hereinafter called "City", and the Conrad Blucher Institute(CBI)at Texas A&M University - Corpus Christi, hereinafter called "C131", hereby agree as follows: I. SERVICES TO BE PEREORMM—CBl hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and report the results of a study for ongoing salinity monitoring efforts in the Nueces Estuary consisting of three salinity monitoring stations in the Nueces River and Bay. II. SCOPE OF SERVICES — CBI's services will be those necessary to provide the required monitoring corresponding to station service including the following: • Station service includes exchange of Hydrolab instruments with a freshly calibrated unit; • Station service frequency will be based on observed marine growth fouling the instruments (every 2 weeks when warmer bay waters foster excessive marine growth and every 3 weeks when water temperatures are cooler); • All salinity monitoring stations will report salinity and water temperature; • All monitoring stations will also report dissolved oxygen, pH, and water depth; and • All data will be available in graphical and tabular format on the CBI website (hftp,//www.cbi.tamucc.edu]Nueces-BayWater-Quality-Monitoring)within one hour of the time data were collected. A. TASKS—CBI will complete the tasks set forth in the research proposal attached as Exhibit"A". CBl will complete the following tasks: Nueces Bay Salinity Monitoring - Freshwater Inflow This is an ongoing project originating in the fall of 1991. Nueces Bay salinity monitoring by CBI consists of 2 monitoring platforms in the bay: one near Whites Point (SALT03) and the other mid bay, near the CPL power lines (SALT0,1); plus one station in the Nueces River (SALT05). In addition, with support from CBBEP, CBI will continue to maintain SAILT08, at the mouth of the Rincon Bayou,which was,until recently, sponsored by the City. Parameters measured at stations SALT01, SALT03 and SALT015 include salinity, conductivity, dissolved oxygen, water temperature, water depth, and pH. The stations are located in such a manner to track fresh water inflows into Nueces Bay using: salinity levels as the indicator. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report (Iittp:/Ilighthousetaniucc.edu/saire produced by CBI and the Nueces River Authority (NRA) shows the current freshwater relief status. Nueces Delta Diversion Proiect- Freshwater Inflow The City has designed and built a diversion channel from the Nueces River into the delta at the head of the Rincon Bayou channel. The diverted river water is designed to flow into the Rincon Bayou and adjacent wetland. UTMSI, HRI, and CCS are presently conducting long-term ecological studies of the effects of this diversion. Five salinity monitoring stations along the Rincon Bayou, beginning at the head and ending of Nueces Bay have been established to determine the fate of freshwater diversions from the pipeline. Page 1 of 4 K Engineering Oatar=xchange\JENNIFER\WATER1S443 RINCON BAYOU DIVERSION-SALINITY 3 FRESHWATER INFLOW MONITORINGQ013-2014 MONITORING SERVICES\CONTRACnContract REVISED.doc Nueces Bay Tidal and Meteorological Station The Texas Coastal Oceanic Observation Network (TCOON) operated a tidal/meteorological, station (011) in the upper part of Nueces Bay at Whites Point. This station was replaced in the winter of 2010 with a new tidal monitoring platform (185) just across the bay, near the mouth of the Nueces River. Although not an official TCOON station, all maintenance and operation of the tidal station will follow TCOON protocols. Precise water level measurements from this station are used as a reference for work by the others in the various projects in the bay, river, and delta. The initial installation and maintenance was funded by the CBBEP. Funding for continuing maintenance of this station is currently being sought. Station Service and Maintenance All salinity and dissolved oxygen stations consist of a Hydrolabg water quality sonde, a radio, modem, and 12 volt solar power system. Freshly calibrated units are exchanged with units on the station every 2, to 3,weeks, depending on the degree of observed marine fouling on the instruments. The Hydrolabs5 are taken back to CB1 for post calibration and preparation for future service. An annual maintenance agreement with HydrotechZS of Austin, Texas, ensures the reliability of the HydrolaV'units. Covered under this agreement are all components of the Hydrolabo, ensuring that the instruments deployed are as good as, or better, than factory standards. The factory warranty for all Hydrolabo datasondes have expired; therefore, all datasondes will be placed under the annual service agreement to ensure continual data collection at all stations. Data Collection A computer program, written by staff at CBI, polls each station every six minutes. Five measurements are requested from each instrument, these five are then averaged. The hourly averages are then placed into the database and reported on the CBI web site. Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average (http®//WVAV.n,ueces- ra.orq/CP,/,CITY/passthru/index,ph , Monthly salinity levels in relation to the Upper and Lower Salinity bounds are found at htt ://li hthouse.tamiucc.edu/salrel and are used to help determine if the City may take credits to offset scheduled freshwater releases from the storage impounds. Instrument Calibration All calibration standards used are KIST traceable, and purchased from HydrotechZS. Calibration and post-calibration methods used are those established by the manufacturer of Hydrolabo. All calibration and post-calibration records are available on the CB1 website, ii,ttiD:/MicihthousetaMLJCC.edu/calVib. An instrument maintenance agreement with HydrotechZS is used with each Hydrolab . Each unit is sent to the manufacturer annually for inspection and refurbishment. All components of the instrument are covered under the warranty agreement and they are replaced as needed. Collaborative Monitoring This proposed continuation of the salinity monitoring program is designed to provide data to support those research efforts currently being done by CCS, UTMSI, HRI, COE, CBBEP, USES and the City. Should the need or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. Page 2 of 4 KtEnginee;ing DalaF-xchange\JENNIFERIWATER1S443 RINCON BAYOU DIVERSION-SALINITY&FRESHWATER INFLOW MONITORING=13-2014 MONITORING SERVICES\CONTRACTNContract REVISED.doc B. RESEARCH PLAN AND METHODS — The specific research plan and methods are set forth in the Contract Proposal incorporated as Exhibit"A" of this contract, C. ORDER OF SERVICES—The monitoring period will be for November 15, 2013 through September 30, 2014. lll. FEES AUIBORUED—The City will pay C131 a fixed fee not to exceed$94,605.00(Ninety-Four Thousand Six Hundred Five Dollars and Zero Cents)for providing all services for 2013-2014. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section 11. Invoices will be submitted to the Director of Engineering Services. Invoices will be submitted no more frequently than once per month for services rendered. All invoices shall be accompanied by a cover letter summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices will be submitted in accordance with the budget attached in Exhibit "A". Invoices will be sequentially numbered for each project, state the project name (Rincon Bayou Diversion -Nueces Bay System Sallini!y and Freshwater Inflow Monitoring 2013-2014,) and City project number (8443 ). The letter shall state the number of the current invoice,the total authorized fee,the amount previously invoiced, and the current amount due. Statements will be based upon percent of project completed. However,a final payment of$3,500 will be retained until delivery of the final report. Exhibit"A" contains a detailed breakdown of the project budget for 2013-2014. IV. TERMINATION QE CONISACT—The City may, at any time, with or without cause,terminate this contract upon 30 days written notice to CE31 at the addresses specified below. If termination occurs prior to the final completion of all work contemplated by this contract, CBI shall be paid for all reasonable costs incurred or contractually committed to be expended as of the effective termination date, including salaries of appointees for the remainder of their appointment. The foregoing shall not be construed to require the City to compensate CBI for any services not performed in a proper, professional manner. V. NOTICE ADDRESS-Correspondence concerning this contract shall be sent to the City and 0131 as follows: City: CBI: Daniel Biles, P.E., Director of Engineering Services Larry Lloyd, Research Specialist 11 City of Corpus Christi Conrad Blucher Institute for Surveying and Science Department of Engineering Services Texas A&M University - Corpus Christi 1201 Leopard Street 6300 Ocean Drive, Unit 5799 Corpus Christi, TX 78401 Corpus Christi, TX 78412 (361) 826-3500 office (361) 438-6594 mobile (361) 826-3501 fax (361) 825-5759 office Larry.0 yd,(q-),tarnucc.edu VI. LOCAL PARTICIPATION — The City Council's stated policy is that City expendlitures on contracts for professional services be of maximum benefit to the local economy. VII. ASSIGNABILITY — CBI will not assign, transfer or delegate any of its obligations or duties under this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of CBI. No part of ClBl's fee may be assigned in advance of receipt by CSI without written consent of the City. The City shall not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. VIII. DI.SQLQS.URE OE INTEREST—In compliance with City of Corpus Christi Ordinance No. 17112, CBI agrees to complete the City of Corpus Christi Disclosure of Interests form attached. Page 3 of 4 K\Engineedng D,ataExch,angieSJENNkFER\WATER\8443 RINCON BAYOU DIVERSION-SALINITY&FRESHWATER INFLOW MONITORINGUO13-2014 MONITORING SERVXMCONTRACMontract REVISED.doc CITY OF CORPUS CHRISTI TEXAS A&M+9 UNIVERSITY - CORPUS CHRISTI Mark Van Vleck, P.E., Date Larry Lfoyd, Date Interim Assistant City Manager for Research-Specialist 11 Public Works & Utilities Conrad Blucher Institute for Surveying and Science Texas A & M University- Corpus Christi RECOMMENDED 6300 Ocean Drive Corpus Christi, TX 78412 c>J b PZ (361) 825-5759 Office Daniel- iles, P.E.,,/1-") Larry.Lloyd@tamucc.edu D" ctor of Engir)6erino Services X-LL--;�O' Gustav Gonzalez, P. - Date Direct_ _f"mater p rat Dr, Lu' Cifuentes Date Vic resident for Research, Commercialization & Outreach APPROVED Office of Management & Budget Date ATTEST City Secretary Date ENTERED Project N6�'B447 Fund Source No: 530000-4010-30220-8443 f 4 2 1)13 Fund Nam e: Wat;r Operating CONTRAG-1 MANA&H Encumbrance No: t"C1 1 6 RUT,' Page 4 of 4 K Engineering DataExcliangeUENNIFERkWATErt8443 RINCON BAYOU DIVERSION-SALINITY&FRESHWATER INFLOW MONITORING\2013-2014 MONITORING SERVICEStCONT RAC 1'NCONTRACT.do c Larry Lloy d f I TEXAS A&M Ind d UNIVERSITY CONRAD BLUCHER N' �R CORPUS INSTITUTE C"H .PJSTI FOR SURVEYING AND SCIENCE Sharon Bailey Lewis 24 August, 2013 1201 Leopard City of Corpus Christi Corpus Christi, "texas 78401 Dear Sharon Lewis: 'rhe statements ofwork covered herein are Submitted to the City of Corpus Christi for consideration. These statements will constitute a fee fior services rendered by the Conrad Blucher Institute: for Surveying and Science (CBJ) at Texas A&M University - Corpus Christi (TAMUCC). Included is an outline of our scope of work and budget to continue the ongoing; salinity monitoring efforts in the Nucces Estuary. PROPOSED SCOPE OF WORK FOR NUECES BAY SYSTEM SALINITY AND I"'RESI-IWATEIR INFLOW MONITORING: 2013-2014 Summary Three: salinity monitoring stations in the NLieces River and Bay will be covered Under this agreement. Station service includes exchange of Hydrolab""' instruments with a freshly calibrated unit. In order to reduce costs, station service frequency will be based on observed marine growth fouling, the instruments; for example, every 2 weeks when warmer bay waters foster excessive marine growth and every 3 weeks when water temperatures are cooler. All salinity monitoring stations will report salinity and water temperature. All monitoring stations will also report dissolved oxygen, pl-1, and water depth. All data will be available in graphical and tabular format on the CBI webs i te (Lit p:ZLvyl cbi-.'1,arn1 CC.edL1/Nueccs-1 yjLt 11") within one ---------- hour ofthe time data were collected. Reseai-ch Objectives The Conrad Blucher Institute for Surveying and Science (CBI) atTAMUCC has been operating and maintaining salinity monitoring equipment in the Nueces Estuary for the City of Corpus Christi since November 1991, trying to help understand the effects of freshwater inflows on salinity into the Nucces system. Additional funding from the Coastal Bend Bays and Estuaries Program (CBBEP') will ensure that comprehensive spatial coverage ofthe Nucces Estuary continues. This proposal is for a continuation of the current monitoring effort in support of salinity conditions in Nueces Bay and river. The data collected will be used to help the City of Corpus Christi water supply managers determine quantities of fresh water required by the amended Agreed Order between the City and the State of Texas. Other benefits of the data collection include collaboration with other researchers in the delta, namely, The Center for Coastal Studies (CCS) and Harte Research Institute for Gulf of Mexico Studies (I-IRI) at TAMUCC, the University of Texas Marine Science Institute at Port Aransas (UTMSI), and the U.S. Army Corps of Engineers (COE; Fort Worth District). IEXHIBIT "A" Pa 2e 1 of 4 Larry Lloyd R'Qs(arch speciahst H TE A , CONRADBLUCHER Conrad B Itcher Instil utc ior urveying nd Si; m Calliew dscience and Fngh)cTr[n,, UNIVERSrTY CORPUS INSTITUTE 6300 0CF AN D EWE,UNIt-57 9 CHRISTI FOR SURVEYING AND, SCIENCE CORPUS 0 110M.TEXAS 78,4-' ,—A 0 361 825-575q-C 361.4-,A6994 Nueces Bay Salinity Monitoring—Freshwater Inflow This is an ongoing project originating in the fall of 1991. Nueces Bay salinity monitoring by CBI consists of 2 monitoring platforms in the bay: one near Whites Point ( ALTO ) and the other mid bay, near the CPL power lines (SALTOI); plus one station in the Nueces River (SALT05). In addition, with support from CBBEP, CBI will continue to maintain SALT08, at the mouth of the Rincon Bayou, which was, until recently, sponsored by the City. Parameters measured at stations SALTO I, SALT03 and SALT05 include salinity, conductivity, dissolved oxygen, water temperature, water depth, and pH. The stations are located in such a manner to track fresh water inflows into Nueces Bay using salinity levels as the indicator. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report (littL)://Iiglittiouse.tallILICC.e(ILI/S<Ill-Cl)produced by C131 and the Nueces River Authority (NRA) shows the current freshwater relief status. Nueces Delta Diversion Project—Freshwater Inflow The City has designed and built a diversion channel from the Nueces River into the delta at the head of the Rincon Bayou channel. The diverted river water is designed to flow into the Rincon Bayou and adjacent wetland. UTMSI, HRI, and CCS are presently conducting long-term ecological studies of the effects of this diversion. Five salinity monitoring stations along the Rincon Bayou, beginning at the head and ending of Nueces Bay have been established to determine the fate of freshwater diversions from the pipeline. Nueces Bay Tidal and Meteorological Station The Texas Coastal Oceanic Observation Network (TCOON) operated a tidal/meteorological station (0 11) in the upper part of Nueces Bay at Whites Point. This station was replaced in the winter of 2010 with anew tidal monitoring platform (185)just across the bay, near the mouth of the Nueces River. Although not an official TCOON station, all maintenance and operation of the tidal station will follow TCOON protocols. Precise water level measurements from this station are used as a reference for work by the others in the various projects in the bay, river, and delta. The initial installation and maintenance was funded by the CBBEP. Funding for continuing maintenance of this station is currently being sought. Station Service and Maintenance All salinity and dissolved oxygen stations consist of a Hydrolab� water quality sonde, a radio, modem, and 12 volt solar power system. Freshly calibrated units are exchanged with units on the station every 2 to 3 weeks, depending on the degree of observed marine fouling on the instruments. The Hydrolabs C)are taken back to CBI for post calibration and preparation for future service. An annual maintenance agreement with HydrotechZS of Austin, Texas, ensures the reliability of the Hydrolab�-' units, Covered under this agreement are all components of the Hydrolabc"), ensuring that the instruments deployed are as good as, or better, than factory standards. The n factory warranty for all Hydrolab"" datasondes have expired; therefore, all datasondes will be placed under the annual service agreement to ensure, continual data collection at all stations. EXHIBIT "A" Page 2 of 4 Larry Lloyd Research Speci,)hm H TEXAS A&M Conrad fflmhor Institule for Surveying Ind Science UNWERSITY CONRAD BLUCHER Cqjlfege Sc�Lnceand Engimm ig CORTUS INSTITUTE C)300 OCEAN�'Dpwu,UM 6 5799 CHRISTI FOR SURVEYING AND SCIENCE C47RPLJSCIIRI.11 CF�AA�7841Z 0 36 825 5759'C�,6438 6594 Data Collection A computer program, written by staff at CBI, polls each station every six minutes. Five measurements are requested from each instrument, these five are then averaged. The hourly averages are then placid into the database and reported on the CBI web site. Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average (hqp�,L'Nv� ;,Nitieces-ra.oi-L,,/('P/Cl'l'�'/LiassthrLI/ill(leX.Ilh[)). Monthly salinity levels in relation to the Upper and Lower Salinity bounds are found at h'ttii //Ii�,,h.tlioLise.tari,iucc.edLi/sali-el, and are used to help determine if the City may take credits to offset scheduled freshwater releases from the storage impounds. Instrument Calibration All calibration standards used are KIST traceable, and purchased from HydrotechZS. Calibration and post- calibration methods used are those established by the manufacturer of Hydrolabt". All calibration and post- calibration records are available on the CBI website, An instrument maintenance agreement with HydrotechZS is used with each Hydrolabr"". Each unit is sent to the manufacturer annually for inspection and refurbishment. All components of the instrument are covered under the warranty agreement and they are replaced as needed. Collaborative Monitoring This proposed continuation of the salinity monitoring program is designed to provide data to support those research efforts currently being done by CCS, UTMS1, HRI, COE, CBBEP, USGS and the City. Should the need or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. Schedule of Work and Fee for Service The Conrad Blucher Institute for Surveying and Science at Texas AM University—Corpus Christi hereby agrees for the duration of November 15, 2,013 through September 30, 2014 to perform all services necessary to provide water quality monitoring, as described in this proposal. The budget for November 15, 2013 through September 30, 2014 is $94,605 and is enclosed with this proposal. EXHIBIT "A" Pue3 &4 PI NAME: Larry Lloyd PROJECT: Nueces Bay and River water quality monitor#mos 12 From: 11/15/33 To- 09/30/14 1 �: PERSONNEL(TAMUCC personnel only) Annual®s Total EE Benefit Person- Group Ins SWL/Hr Amt Re nested in whole dollars Effort Hours % ............... NAME PROJ Role #Months Months SALARY$ FRINGE$ TOTALS .................. ............................ ...... ... ............ Burch,Dominic(field) RTI 12.0 32.5% 3.89 675.00 17.70%� 19.46 $ 13,137 $ 4,627 $ 17,763 ' Duff,jo-n-a,t,h-anS I-(IT) RTI ---I--, 03 65 m 8 -I I I I o —38.43 -$ -2,-498 --$--6 6"4 3,162 ........... Durharn,Ni all B(➢T) 3"A"%' 0.38 —65.0, %07 17.70 24.26 $ 1,577 $ 501 $ -2 JO-77"- .--............. ---------—---T-1111 --- I Lloyd,Lary(PI,field) RSI1 12.0 28.8% 3.46 600.00 17.700/61 23.39 $ 14,037 $ 4,530 18,567 ----—------ Nino,Amy M(QC officer) RTII 12.0 1.0% 0.12 21.00 17.70% 19�.11 $ 401 $ 143 $ 544 .......... ................. ..................... To be Named(IT) IT 12 O 31% 0.38 65,00 17,70% 23,32 $ 1,516 --i 4961 $ 2,006 ............ ................. Student(TBN Under grad) Student 12.0 14A% 1.73 300,00 2,400/a 10.50 $ 3,150 $ 76 $ 3,226 1,850- $ i- 26- Student(TBN Unde.a 1 120...........L 14!4% 1.73 340 00 .404 68 18 SUBTOTALS 39,165 :11,098 50,263 TRAVEL $10,005 777'777/',77/7' SUPPLIES $4,000 ----------------------------------- ----------------- ............. ............ OTHER EXPENSES $7,950 . .......... Grad Student Tuition&Fee Remission $0 Other $7,950 SUIBTO7 t URECT"CO BUDGET PERIOD CONSORTIUM COSTS $0 7, F&A COSTS at 31% MTDC 22,388 TOTALOSPS FO W,B UP GET PERIOD, EXHIBIT "A" Page 4 of 4 \ SUPPLIER NUMBER TO BE ASSIGNED BYCnT- PURCHASING DIVISION CITY OF CORPUS CHRISTI city us s DISCLOSURE OF INTEREST C"-Pus Christi City of Corpus Christi Ordinance 17112,as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. Texas A&M University—Corpus Christi COMPANY NAME: Conrad Blucher Institute for Surveying and Science P.O.BOX: STREET ADDRESS: 6300 Ocean Drive,Unit 5799 CITY: Corpus Christi ZIP: 78412 FIRM IS: 1. Corporation ® 2. Partnership B 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi havinf an "ownership interest"constituting 3%or more of the ownership in the above named"firm: Name Job Title and City Department(if known) N.A. 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 Tide NA. 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the owneship m the above named"firm," Name Board,Commission or Committee N.A. 4. State the names of each employee or officer of a`consultant" for the City of Cor ius Christi who worked on any matter related to the subject of this contract and has an ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant N.A. FILING REQUIREMENTS MEET If a Person who requests official action oil a matter knows that the requested action will confer an economic benefit tail any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or,a substantial seginent thereof,you shall disclose that fact in a signed wvritinp to tine City official,employyee or beady that has been requested to act in tine matter, unless the interest of the City official or employee in the matter is apparent. Tile disclosure shall also be made in a signed'writing filed with the City Secretary. Ethics Ordinance Section 2-349(d)] CERTIFICATION I ccrtifyr that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any, information requested„ and that supplemental statements will be promptly submitted to the City of Corpus Christi,. Texas as changes occur. Luis Cifuentes Certifying Person: P're. i "Title: (IftfflMrclalization anid Outreach Signature of Certifying p Date: -, Persona DEFINITIONS S 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 distin uishaable from its effect on members of the.public in general or a substantial segment thereof. c. "Employee." Any person employed by,the City of Corpus, Christi,Texas either on a Ball or part-time basis, but not as an independent contractor. d. "Firm." Any entity operaated for ecoanoinic satin, whether professional, industrial or commercial, and whether estarblished, to produce or deal, ww°ith; a product.or service, including; but not litnited to, entities operated in the form of :sole proprietorship, as- self-employed person, partnership,corporation,joint stock company,point venture, receivership or trust,acrd. entities which for purposes of taxation,are treated as non-profit organizations- e, "Ciffic:ial." The Mayor, nrenabers of the City Council, City Manager, Deputy City Manager, Assistant. City Managers.,, Departiwient and Division Meads, and Municipal' Court Judges of the City of Corpus Christi,Texas. f "O%vnership Interest." I..epaal or equitable interest, whether actually or constructively held, in a firm, including when, such interest is held through an agent, twist, estate, or holding entity-. -Constructively held." refers to holdings or control, established through voting trusts, proxies,or special,terir s of venture or partnership a grcemcnts." ;g, "Consultant"'Any person or firm,, such as engineers and aarchiteoats, hired by the City° of Corpus Christi for the purpose,of pmfi:ssionaal consultation and recommendation, ������l�lU11UUUV�Uw\�1\�11W`�UI�I��>tiU111�11110�1111�11P�»w1R11 11 VU1 51 511`1 U011U10Ul�"SUUiUflU`U�U11�1U11111U111�11�1�\1111 c v� � N ���1�"���ti i��si1«1�ti\1�1 1`�ti`IIGG[���GG�V�i�1 GNG���lualDl➢�l➢1���nG >1��G1GG)G11161�10a��v1���i�1��� -d--, � � N � � O can O w U •1�1 • � � o � N �! 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LL. o � � a f SC AGENDA MEMORANDUM Future Item for the City Council Meeting of October 29, 2013 Gd7apr�M M1ry�p xs Action Item for the City Council Meeting of November 12, 2013 DATE: October 14, 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 Monitoring Contract Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2013 CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to the Contract for Monitoring Services with the Conrad Blucher Institute at Texas A&M University - Corpus Christi in the amount of $93,381.00, for a total restated fee of $456,642.00 for Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2013. PURPOSE: The purpose of this Agenda Item is to execute the amended contract for Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2013. BACKGROUND AND FINDINGS: The Watershed Monitoring Program consists of three parts: water quality monitoring, water level monitoring and meteorological monitoring. All data is available for public use through an interactive Watershed Monitoring website. There are three stations that monitor water quality parameters every six minutes and they are located at Wesley Seale Dam, San Patricio Estates, and Nueces River Pump Station. These stations are currently monitored by Water Quality. The City will work with Conrad Blucher Institute to turn this data into a dashboard with information that will aid operators at 0.N. Stevens Water Treatment Plant in making process decisions based on water quality upstream of the plant. There are three Oso Creek water level monitoring stations that are located in Oso Creek to gage river levels. These are monitored by our Storm Water Department and were installed to gage flooding events. The Corpus Christi Meteorological Stations are used to monitor weather conditions around the city including rainfall. The meteorological data increases efficiency of water consumption predictions. In February 2012, the City awarded CBI with an Amendment No. 1 Contract to initiate Watershed Monitoring Program with locations in Nueces River, Oso Creek, and Corpus Christi. The contract term of Amendment No. 1 is from March 1, 2012 to February 28, 2013. In March 2013, the City awarded CBI with an Amendment No. 2 Contract to continue the same Monitoring Program with a contract term of March 1, 2013 to July 31, 2013. This contract, Amendment No. 3, allows CBI to continue to maintain environmental monitoring stations and provide Watershed Monitoring services for the Nueces River, Oso Creek and the City of Corpus Christi. The contract term of this amendment is November 15, 2013 through July 31, 2014. If contract is approved, the first invoice from CBI may cover period beginning on August 1, 2013. ALTERNATIVES: 1. Execute the amended Contract for Monitoring Services with the Conrad Blucher Institute at Texas A&M University- Corpus Christi as proposed. 2. Do not execute the amended Contract for Monitoring Services with the Conrad Blucher Institute at Texas A&M University- Corpus Christi as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2013-2014 Water Operating Budget EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: ®Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year Project to 2013-2014 Date Current Year Future Years TOTALS Expenditures Line Item Budget $363,261.00 $125,345.00 $488,606.00 Encumbered / Expended Amount $363,261.00 $363,261.00 This Item $93,381.00 $93,381.00 Future Anticipated Expenditures This Project $31,964.00 $31,964.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Water Operating Comments: The amendment Contract for Monitoring Services will result in the expenditure of an amount not to exceed $93,381.00. RECOMMENDATION: City Staff recommends approval of Amendment No. 3 to the Contract for Monitoring Services with the Conrad Blucher Institute at Texas A&M University - Corpus Christi in the amount of $93,381.00, for a total restated fee of $456,642.00 for Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2013. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint Presentation PROJECT BUDGET Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2013 FUNDS AVAILABLE: Water Operating....................................................................................... $488,606.00 FUNDS REQUIRED: Original (TAMU-CC, Conrad Blucher Institute)*............................................... 92,355.00 Amend. No. 1 (TAMU-CC, Conrad Blucher Institute)**...................................... 224,794.00 Amend. No. 2 (TAMU-CC, Conrad Blucher Institute)***..................................... 46,112.00 Amend. No. 3 (TAMU-CC, Conrad Blucher Institute) (This contract)................... 93,381.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)............................. 10,274.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)................................. 13,699.00 Finance................................................................................................... 5,708.00 Misc....................................................................................................... 2,283.00 TOTAL................................................................................................... $488,606.00 PROJECT BUDGET BALANCE.................................................................. $0.00 *Original Contract approved by City Council on August 30, 2011 by Motion M2011-187. **Amendment No. 1 approved by City Council on February 28, 2012 by Motion M2012-047. ***Amendment No. 2 administratively approved on April 17, 2013 tvfproject\councitexhib;ts\exh8443�dwg .......... jfi" MR, 7/0/" 011010 Al ... ....... 44 "A ff �a 'Z' "o, "—k 4 A Oy It �4" gg-, 'T' R...... ... ... aw w" 71 flO lw'All/ ME WATER QUALITY STATIONS MW WATER LEVEL S TA TIONS CITY COUNCIL EXHIBIT NUECES RIVER WATER QUALITY; OSO CREEK CITY OF CORPUS CHRISTI, TEXAS WATER LEVEL & CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES METEOROLOGICAL MONITORING 2013 PAGE: 1 of 1 PROJECT#8443 CITY OF CORPUS CHRISTI AMENDMENT NO. 3 CONTRACT FOR MONITORING SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and the Conrad Blucher Institute at Texas A&M University — Corpus Christi, hereinafter called "CBI," agree to the following amendment to the Contract for Professional Services for Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2013 (Project No. 8443), as authorized and amended by: Original A/E Agreement August 30, 2011 Motion No. 2011-187 $92,355.00_ Amendment No. 1 February 28, 2012 Motion No. 2012-047 $224,794.00 Amendment No. 2 April 17, 2013 Administrative Approval $46,112,00 • Exhibit "A". SECTION 11. SCOPE OF SERVICES shall be modified to include the additional tasks as described in Amendment No. 3 Exhibit "A". • The original contract SUMMARY OF FEES shall be modified and is attached as Amendment No. 3 Exhibit "A" for a revised fee not to exceed 93,381.00 (Ninety-Three Thousand Three Hundred Eighty One Dollars and Zero Cents), for a total restated fee not to exceed $456,642.00 (Four Hundred Fifty-Six Thousand Six Hundred Forty Two Dollars and Zero Cents). All other terms and conditions of August 30, 2011 contract and amendments between the City and CBI will remain in full force and effect. CITY OF COPUS CHRISTI TEXAS A&M UNIVERSITY-CORPUS CHRISTI Mark Van Vleck, P,.E., (Date) Lary Lloyd, Mate) Interim Assistant City Manager for Research Specialist 11 Public Works & Utilities Conrad Blucher Institute for Surveying and Science RECOMENDED Texas A&M University— Corpus Christi 6300 Ocean Drive, Unit 5799 Corpus Christi, Texas 78412 Daniel Bile s, P.E. (3,61) 825-5759 Office En ring S a ec r of En e ring Services Larry,Ll d@tamucc.edu Gusta o onzalezl P. 'N (Date'r Luis Cifuentesr (Date) Direct r of Water perUions Vice President for Research, Commercialization 1p and Outreach 7 K f—,, APPROVED ENTERED (,)M i 4 2013 Office of Management and Budget (Date) CONIRAGI MANAGER ATTEST Project No: 8443 Fund Source No: 530000-4010-31501-8443 Fund Name: Water Operating Armando Chapa, City Secretary Encumbrance No: KENGINEERING DATAEXCHANGEWENNIFERMATERM43 WNCON BAYOU MVERSION-SALINITY FRESHWATER INFLOW MONITORING"ENOMENT NO. 3kCONTRACnCONTRACT DOGX 1-111'ry �J'oyd TEXAS A&A/1 (w ) Ulm h" 1"" kw'' 4"d CONRADBLUCHER UNIVEIRSITY CORPUS INSTITUTE C CHPJSTI FOR SURVEYING AND SCIENcr- Mr. Gabriel Ramirez 5 August, 2013 2726 Holly Rd. City of Corpus Christi Corpus Christi, TX 78415 Dear Mr. Ramirez: The statements of work covered herein are submitted to the City of Corpus Christi Water Department (CCWD) for consideration. These statements will constitute a fee for services rendered by the Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University- Corpus Christi (TAMUCC). Included is an outline of our scope of work and budget to continue to maintain environmental monitoring stations in the Nueces River, Oso Creek and within the City of Corpus Christi under. The following scope of work and budget will reflect an amendment to allow for continuation of the project. PROPOSED AMENDMENT FOR NUECES RIVER WATER QUALITY, 050 CREEK WATER LEVEL AND CITY OF CORPUS CHRISTI METEROLOGICAL MONITORING: 2013 SUMMARY Thirteen real-time environmental monitoring stations in the Nueces River, Oso Creek and the City of Corpus Christi will continue to be covered under this agreement. Station service includes exchange of water quality clatasoncle instruments with a freshly calibrated unit and factory recommended maintenance of water level and meteorological monitoring instrumentation. All monitoring stations will report air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. In addition to these parameters, water level stations will report water level and stage height and water quality stations will report water temperature, salinity, specific conductance, pH, dissolved oxygen and turbidity. All data will be available in graphical and tabular format on CBI's website (tLqp;ZZcb -nUcc,edu) within one hour of the time data were collected. RESEARCH OBJECTIVES Nueces River Water Quality Monitoring Three water quality stations are located along the lower Nueces River at the Wesley Seale Dam (28- 2' 32" N 97- 52' 5" W), Nueces River Estates (27' 56" 4"' N 97' 48' 8" W) and at the Nueces River intake station (27' 52' 2" N 97- 38' 1" W). These stations consist of a Hach Hydrolab MS5 datasonide, Vaisala WXT-520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system and will report water temperature, salinity, IAMEND. NO. 3 EXHIBIT "A" Pa2e I of 7 Larry Lloyd Conmd Bkwher im��pmv for S"neyin"and Scicnre TEXAS'A&M CON RAD BLUCHER Coflv"e of Science am,i Fy)"ineerhq' UNIVERSITY i 11,14 CORPUS INSTITUTE, 61,xw OCFM Dw,!d UNI x 5791 CHPJSTI FOR SURVEYING AND SCIENCE Col"'Pus 0 1 1��S-rT'1'1:�X%S 78412 —3 4111116�1 0 conductivity, pH, dissolved oxygen, turbidity, air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. The Nueces River Water Quality stations assist the CCWD in more efficiently treating public water through the monitoring,of the water quality, specifically the turbidity, entering the O.N Stevens Water Treatment Plant. Oso Creek Water Level Monitoring Three water level monitoring stations are located on bridges along the Oso Creek at Saratoga Rd. near Calle Cuermavaca (-270 43' 18.26" N 970 27' 28.55" W), Weber Rd. near Yorktown Blvd. (-27'41' 19.82" N 97' 25' 45.36"l W) and at Staples St. near Oso Pkwy. (-27' 39' 24.89" N 97. 24' 5.89" W). These stations consist of a Campbell Scientific CS-475 radar water level sensor, Vaisala WXT-520 weather transmitter, I P modem, Campbell Scientific CR1000 clatalogger, and photovoltaic power system and will report water level and stage height, air temperature, liquid precipitation, barometric pressure and relative humidity. Water level data will be reported in values relative to the NAVD88 datum. The Oso Creek water level stations will assist the CCWD in predicting water consumption rates and provide meteorological information to residents by measuring rainfall and water level. Corpus Christi Meteorological Monitoring Seven meteorological stations are located throughout the City of Corpus Christi at water Department, Parks and Recreation Department and Texas A&M University—Corpus Christi properties located at Up River Rd. near Rand Morgan (270 49�' 55" N 970 33' 5" W), Navigation Blvd. near Agnes St. (27'47' 18" N 970 27' 10" W), Holly Rd. near Everhart Rd. (270 42' 12" N 97" 23' 13" W), Ocean Dr. at TAM UCC (27* 42' 54" N 97' 19' 43" W), S.P.I.D. at Flour Bluff Dr. (27- 4U31-- N 97' 17' 44"' W), San Dollar Ave. near Verdemar Dr. (27'37' 33" N 97' 13' 13" W) and at the Nueces River pump station (27' 52' 4.2" N 970 37' 54.5" W). These stations consist of a Vaisala WXT-520 weather transmitter, IP modem, Campbell Scientific CR1000 clatalogger and a photovoltaic power system and reports air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. STATION SERVICE AND MAINTENANCE Nueces River Water Quality Monitoring Regular site visits will be made to each water quality station monthly during which the datasondes will be exchanged to prevent inaccurate data due to biofouling. During the site visit, readings will be recorded from the old clatasoncle which will then be replaced with a clean, calibrated clatasoncle after which readings from the new datasonde will be recorded. Independent salinity readings will be taken with a refractometer and recorded. Maintenance to the station hardware including cleaning solar panels and replacing damaged components will also be performed during regular site visits as needed. The weather transmitter on all water AMEND. NO. 3 EXHIBIT "A" Page 2 of 7 1.,arry Lloyd Rowarch Spa ca I TEXAS A&M Com"ad BSI char 3ns6vule kir surveyk re1 11,md svwM.wu u t'CONRAD B'LUCHER UNIVERSITY CORPUS INSTITUTE ()300 OCI,AN DIM F, UNIT 579") CHRISTI FOR SURVEYING AND SCIENCE flRJPU�&M VS I CTFKM 78,1 '3216L quality stations will also be cleaned and the component WXT-PTUSP will be replaced every two years as recommended by the manufacturer. Data from the weather transmitter will be recorded and the air temperature, wind speed and barometric pressure will be measured with an independent instrument and recoded during each site visit. Full inspections will be made annually during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Repair of damaged station components will be performed during regular service visits as needed and will be used in the event that a damaged station component prevents proper data collection or transmission. Scheduled site visits may be delayed due to foul weather, vehicle repair, flood conditions, etc. In the event that a service trip is delayed, every effort will be made to complete the scheduled site visit as soon as it is safe and feasible. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. Oso Creek Water Level Monitoring Regular maintenance to water level stations will be conducted every six months. Leveling by CBI will be conducted annually during a regular visit at each water level station to ensure accurate data is being reported;. During a leveling site visit, a leveling gun will be used to accurately measure the horizontal and vertical distance between a;fixed point and a point on the water level sensor so that the water level can be accurately reported from the NAVD88 datum. Leveling site visits will continually monitor and document any drift in the distance from the fixed point to the water level sensor so that correction can be made to the data if needed. A full annual inspection will also be made annually during a regular site visit during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken, the sensor orientation will be checked and the desiccant will be replaced.The creek stage height directly below the sensor will also be measured and the stage offset value will be updated in the water level sensor. One emergency site visits have been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. Corpus Christi Meteorological Monitoring Regular maintenance to meteorological stations will be conducted every 12 months. One site visit has been budgeted by CBI to conduct a full inspection during which, the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. One emergency site visit have been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. AMEND. NO. 3 EXHIBIT "A" Pa 2e,3 of 7 Larry Lloyd 44 TEXAS A&M Cmmai Mm ho� it�'Gvwv fm sul%vyin.and SJ(N I u., College ofsd��Tw��and Enponeel"'h, UMVETZSITY CONRAD BLUCHER Nikko Wir RCORPUS INSTITUTE 6300 C)CFAN DRIVE,UNH M CHRISTI FOR SURVEYING AND SCIENCE Com'us Cm6sn TKM:`1 7841z 815-5759'C 361-43,8.6594 DATA COLLECTION Each real-time environmental monitoring station has its own webpage created within the website http:Z/cbi.ta.mucc,edU. A custom computer program, written by staff at CBI, polls each station every six minutes. During a poll, averaged readings from the clatalogger will be requested. The averages are then placed into the C131 database and reported on the station webpage so that each value will represent a six minute average. All data stored in the CBI database is publically available on the internet at http:j/cbiAarnucc.ec1u and can be retrieved at any time. CBI staff performs a quality control check (QC) of all real-time data daily. During a QC, the data will be checked for missing transmissions and data anomalies such as readings outside of a feasible range, readings of a constant value, random spikes, etc. Data anomalies, suspect data, missed transmissions and other factors affecting the data will be posted as a message on each station's,webpage. INSTRUMENT CALIBRATION Hach Hydrolab KISS Datasonde Hach Hydrolab MS5s will be serviced and calibrated at a wetlab at TAMUICC. During calibration, the instrument will be placed in a known standard for each parameter and set to match its readings to that standard; all calibration standards used will be KIST traceable, All datasondes brought back from the field will have photographs taken of the sensors to document the amount of biofouling. The instruments will then be post-calibrated during which the readings for each parameter will be recorded in the same standard in which it was calibrated. The biof6uling will then be removed and any maintenance recommended by the manufacturer will be performed. All calibration and post-calibration records will be available on the CBI website http-.ZZcbi.tamucc.edu. An annual maintenance agreement with HydrotechZS will be purchased which will cover repair/refurbishment to damaged components on the instruments and an annual quality check including calibration of the temperature sensor. Documentation from the annual quality check will be retained at CBI and available upon request. Vaisala WXT-520 Weather Transmitter The Vaisala WXT-520 weather transmitter does not require a regular calibration. However,the replacement part WXT-PTUSP contains calibration data and will be replaced every two years as recommended by the manufacturer for accurate data collection. Campbell Scientific CS475 Radar Water Level Sensor The Campbell Scientific CS475 Radlar Water Level Sensor does not require a regular calibration. However, the sensor will be checked for accuracy during annual inspections and will be sent AMEND. NO. 3 EXHIBIT "A" Pa2e 4 of 7 Larry �'Ioyd 16 H m' !�"Wntr 1� TEXAS A&M UMVE,RSITY CONRAD BLU �CHER kcqk"A' cokpus INSTITUTE C 1 FOR SURVEYING AND SCIENCIE IAMS'T back to the manufacturer for a quality check if the data provided by the sensor becomes suspect. REPLACEMENT PARTS AND EQUIPMENT TAMUCC owns and insures the instrumentation and equipment purchased with funds from this project. In the case of damage, TAMUICC will repair or replace instrumentation as needed to ensure a continuous data collection record as long as enough funds are available. If not enough funds are available, the CCWD will be responsible for replacement or repair of instruments. Replacement equipment will be purchased for this project and kept in inventory until needed. If additional replacement equipment beyond what is kept in inventory is needed, every effort will be made by CBI and the CCWD to replace needed components. COLLABORATATIVE MONITORING This proposed installation and maintenance of environmental monitoring stations will be designed to provide data to support those research efforts currently being done by the CCWD and the Nueces River Authority (NRA). The CBI will work with staff at the CCWD and NRA to provide data, information, instructions, etc. that will help them gather the resources needed to conduct research. Should the need or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. SCHEDULE OF WORK AND FEE FOR SERVICES The Conrad Blucher Institute for Surveying and Science at Texas A&M University—Corpus Christi hereby agrees for the duration of November 15, 2013 through July 31, 2014 to perform all services necessary to install and maintain environmental monitoring stations, as described in this proposal. The budget for November 15, 2013 through July 31, 2014 is $93,381 and is outlined below with this proposal. Operation and maintenance invoices will be sent on a quarterly basis. The total award amount will be billed in equal, monthly installments over the twelve month period of this contract. A new proposal will be provided for each year of continuing service. AMEND. NO. 3 EXHIBIT ':'A" -, fage 6,of 7 Larry Lloyd R(15(,-mch SpeJ,&,,o H M NAl T"xAs'A& CONRADBLUCHER 6N,krM UNWERS11-Y coRpus INSTITUTE 63o(,:i�O(TAN I)RIVF,UIM T '5799 31LECHPJSTI FOR SURVEYING AND SCIENCE cc�m'us Q ims I I "F�XA's 71i4�� 0,,,hd 825,5759 oim,4,8,6,qq BUDGET SUIMMARY TOTAL Salaries & Benefits $50,348 Travel Pool $1,736 Supplies $5,500 Other Expenses (IP modem fee, freight service $13,700 warranty) Indirect $22,098 TOTAL $93,381 EAMEND. NO. 3 EXHIBIT "All IT Page:6of 7 1 NUECES RIVER WATER QUALITY,OSO CREEK WATER LEVEL& CITY OF CORPUS CHRISTI METEOROLOGICAL MONITORING 2013 SUMMARY OF FEES ORIGINAL AMEND.NO.1 AMEND.NO.2 AMEND.NO.3 TOTAL CONTRACT 1 Salaries&Benefits $60,181.00 $85,860.00 $22,340.00 $50,348.00 $218,729.00 2 E ui ment/Maintenanoe 11,350.00 63,640.00 0.00 0.00 74,990.00 3 Travel Pool 7,175.00 5,540.00 1,510.00 1,735.00 15,960.00 4 Supplies 1,800.00 38,800.00 5,000.00 5,500.00 51,100.00 5 Other Expenses 0.00 14,100.00 6,350.00 13,700.00 34,150.00 6 Indirect 11,849.00 16,854.00 10,912.00 22,098.00 61,713.00 TOTAL 92,355.00 224,794.00 46,112.00 93,381.00 456,642.00 08/30/11 02/28/12 04/17/13 M2011-187 M2012-047 Admin Approval M2013- AMEND. NO. 3 EXHIBIT"A" Page 7 of 7 SUPPLIER NUMBER TO BE ASSIGNED BY C1TT- o PURCHASING DIVISION City p CITY OF CORPUS CHRISTI Christi DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. Texas A&M University—Corpus Christi COMPANY NAME: Conrad Blucher Institute for Surveying and Science P.O.BOX: STREET ADDRESS: 6300 Ocean Drive,Unit 5799 CITY: Corpus Christi ZIP: 78412 FIRM IS: 1. Corporation ® 2. Partnership 8 3. Sole Owner ❑ 4. Association S. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each employee" of the City of Corpus Christi having an" ownership interest"constituting 3%or more of the ownership in the above named"firm. Name Job Title and City Department(if known) N.A. 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N.A. 3. State the names of each`board member"of the City of Corpus Christi having an"ownership interest"cotsrifiding 3%or more of the ownership m the above named `firm." Name Board,Commission or Commium N.A. 4. State the names of each employee or officer of a`consultant" for the City of Corpus Christi who wodwd on any matter related to the subject of this contract and has an ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant N.A. If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,eanploy�ee oa°body that has been requested to act in the matter, unless the interest of the City ofi�acial oa•employee in the platter is a pa�rept. 1tc disclosure shall also lac made in a signed writing haled with the City Secretary. [ thics{ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct:as of tire date of this statement, that I have not knowingly withheld disclosure of any information requested and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.Dr LUIS,Cifuentet; Certifying Person: President Title: ra _ and u.tre deli li , Signature of Certifying Date: DEFINITIONS aa. '`Board member." A member of any, board, commission, or committee appointed. Fay the City Council of the City of Corpus Christi,Texas. b, conomic benefit'. An, action that is likely to affect art economic interest: if it, is likely to have an effect,on that interest that is distinguishable from its effect on mtembers of the public in general or as substantial segment thereof. c. "Entployee."' Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor.. d. `'Firm."" Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to� produce,or deaf with a product or service„ including, but not limited to, entities operated in the form of sole proprietorship, as, self-employed person,, partnership,corporation, joint stock company,joint venture,receivership or trust,and entities ww itich for purposes of taxation,are, treated,as non-profit organizations.. e. "Official-" The l"wel ay^or, members of the City Council" City Manager, Deputy City laaaw,a ,er, Assistant City Managers, Department and Division Heads,, and Nltntkip-cd Court luelges of the C:aty of°C"carpus Christi,`l'ex:s,. f. "Ownership Interest." Le Al or equitable interest, ww°hedrear actually or constructively held, in a firm, including; when. such interest is held througm, an agent., trust,, estate, or holding entity. 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