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HomeMy WebLinkAboutAgenda Packet City Council - 12/17/2013 a Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final City Council Tuesday, December 17, 2013 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. 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 Bill Banda, Love and Grace Church of God 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. 13-001190 Swearing-in Ceremony for Newly Appointed Board and Commission Members F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: a. City Performance Report -Development Services Corpus Christi Page 1 Printed on 211712014 City Council Meeting Agenda-Final December 17,2013 b. Other H. EXECUTIVE SESSION: (NONE) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. I. MINUTES: 2. 13-001188 Regular Council Meeting of December 10, 2013. Attachments: Minutes- December 10, 2013 J. BOARDS &COMMITTEE APPOINTMENTS: 3. 13-001189 Corpus Christi Regional Economic Development Corporation Attachments: 12-17-13 final K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 4 -35) 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. 13-001301 Agreement for delivery of electricity and related services Motion authorizing the City Manager to execute a Commercial Energy Sales Agreement for deliveries of electricity and necessary, related services at a fixed energy price per kilowatt hour (kWh) not to exceed the current contract rate for 2011-2013 plus standard delivery services charges effective January 1, 2014, for 48 months ending December 31, 2017, for certain electric accounts in the area served by Nueces Electric Corpus Christi Page 2 Printed on 211712014 City Council Meeting Agenda-Final December 17,2013 Cooperative. Attachments: Agenda Memo-TCAP contract renewal 2014 Agreement-City of Corpus Christi-CES Commercial Energy Sales Agreement- Redline-TCAP Contract Champion Energy Sales Agreement 5. 13-001139 Adopting the federal legislative priorities Resolution adopting the City of Corpus Christi's federal legislative priorities for 113th U.S. Congress. Attachments: Agenda Memo- FUTURE federal policy issues Resolution - 113th Congress Priorities NLC Legislative Priorities USCofMayors Resolution-Marketplace Fairness Act Letter to President Obama NFIP 2013 CSFI NFIP Facts 6. 13-001097 Lease purchase of freightliner truck for chipped tree transport Motion approving the lease purchase of one (1) Freightliner truck with Knapheide Forestry Body from Freightliner of Houston, Houston, Texas for a total amount of $90,870.00 of which $7,014.06 is required in FY 2013-2014. 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- Lease Purchase of Freightliner Truck.pdf Price Sheet- Lease Purchase of Freightliner Truck.pdf 7. 13-001115 Lease purchase of freightliner truck with aerial lift body for traffic signal maintenance Motion approving the lease-purchase of one (1) Freightliner truck with aerial lift body from Freightliner of Houston, Houston, Texas for a total amount of$131,620.00. 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 Truck with Aerial Lift Body.pdf Price Sheet- Freightliner Truck with Aerial Lift Body.pdf 8. 13-001117 Lease purchase of dump trucks for landfill Motion approving the lease purchase of three (3) Freightliner trucks with Warren 18-yard dump body from Freightliner of Houston, Houston, Corpus Christi Page 3 Printed on 211712014 City Council Meeting Agenda-Final December 17,2013 Texas for a total amount of$366,832.00 of which $25,860.44 is required in FY 2013-2014. 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- Lease Purchase of Dump Trucks.pdf Price Sheet- Lease Purchase of Dump Trucks.pdf 9. 13-001113 Purchase of freightliner truck with cement mixer body for concrete repair by water distribution crews Motion approving the purchase of one (1) Freightliner truck with cement mixer body from Houston Freightliner, Inc., Houston, Texas for a total amount of$230,205.00. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC). Funding is available in the FY 2013-2014 Capital Outlay Budget of the Water Fund. Attachments: Agenda Memo- Freightliner Truck with Cement Mixer Body.pdf Price Sheet- Freightliner Truck with Cement Mixer Body.pdf 10. 13-001099 Supply agreement for pipe repair clamps Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for pipe repair clamps in accordance with Bid Invitation No. BI-0037-14 based on lowest responsible bid for an estimated annual expenditure of$223,313.50, of which $148,875.66 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013- 2014. Attachments: Agenda Memo- Pipe Repair Clamps.pdf Bid Tabulation- Pipe Repair Clamps.pdf 11. 13-001114 Purchase of emergency standby pump for the Wooldridge lift station Motion approving the purchase of one (1) emergency standby pump from Xylem Dewatering Solutions, Inc., dba Godwin Pumps, Bridgeport, New Jersey for a total amount of$162,989.32. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC). Funding is available in the FY 2013-2014 Wastewater System Fund. Attachments: Agenda Memo- Emergency Standby PumpV2 Price Sheet- Emergency Standby Pump.pdf 12. 13-001134 Supply agreement for sodium bisulfite solution, a chemical used Corpus Christi Page 4 Printed on 211712014 City Council Meeting Agenda-Final December 17,2013 for dechlorination at the wastewater treatment plants Motion approving a supply agreement with Calabrian Corporation, Port Neches, Texas for approximately 1,973,368 pounds of sodium bisulfite solution for use at the Wastewater Treatment Plants in accordance with Bid Invitation No. BI-0065-14, based on lowest responsible bid for an estimated twelve month expenditure of$600,890.56 of which $400,593.68 is required for the remainder of FY 2013-2014.The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Wastewater Operations Budget in FY2013-2014. Attachments: Agenda Memo-Sodium Bisulfite Solution.pdf Bid Tabulation-Sodium Bisulfite Solution.pdf 13. 13-001118 Supply Agreement for reformulated gasoline and ultra-low sulfur diesel fuel Motion approving a supply agreement with Oil Patch Petroleum, Inc., Corpus Christi, Texas for reformulated gasoline and ultra-low sulfur diesel fuel in accordance with Bid Invitation No. BI-0030-14, based on lowest local bid for an estimated twelve month expenditure of $4,635,554.65 of which $3,090,369.77 is required for the remainder of FY 2013-2014.The term of the agreement will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the suppliers and the City Manager, or designee. Funds have been budgeted by Maintenance Services and the Aviation Department in FY 2013-2014. Attachments: Agenda Memo-Supply Agreement for Reformulated Gasoline and Ultra-low Su Bid Tabulation-Supply Agreement for Reformulated Gasoline and Ultra-low Sul 14. 13-001133 Service agreement for installation, maintenance and repair of roadway illumination and traffic signals Motion approving a service agreement with Star Operations, Inc., Corpus Christi, Texas for installation, maintenance & repair of roadway illumination and traffic signals in accordance with Bid Invitation No. BI-0031-14 based on only bid for an estimated twelve-month expenditure of$529,591.00 of which $308,928.06 is required for the remainder of FY 2013-2014. The term of the service agreement will be for twelve-months with an option to extend for up to two additional twelve-month periods subject to the approval of the service provider and the City Manager or designee. Funds are available in the General Fund in FY 2013-2014. Attachments: Agenda Memo-Service Agreement for Installation, Maintenance&Repairs of R Bid Tabulation-Service Agreement for Installation, Maintenance&Repairs of R Corpus Christi Page 5 Printed on 211712014 City Council Meeting Agenda-Final December 17,2013 15. 13-001091 Interlocal agreement for storage of supply trailer to be used in an emergency Resolution authorizing the City Manager or his designee, the Director of the Corpus Christi-Nueces County Health District ("Health District"), to execute an interlocal agreement between the Health District and Robstown Fire/EMS for the purpose of storing a trailer with supplies at a Robstown facility to be used in case of a natural or man-made emergency. Attachments: Agenda Memo- Interlocal Agreement for PHEP.pdf Resolution -Interlocal Agreement for PHEP.pdf Interlocal Agreement-for PHEP.pdf 16. 13-001106 Construction contract for Corpus Christi ship channel gas main crossing Motion authorizing the City Manager, or designee, to execute a construction contract with Alcott, Inc. dba TCH from Friendswood, Texas in the amount of$548,600, for Corpus Christi Ship Channel Gas Main Crossing for the base bid. Attachments: Agenda Memo-C. C. Ship Channel Gas Main Crossinq.pdf Protect Budget-C. C. Ship Channel Gas Main Crossing.pdf Location Map-C. C. Ship Channel Gas Main Crossinq.pdf Presentation-C. C. Ship Channel Gas Main Crossinq.pdf 17. 13-001128 Construction contract for Americans with Disabilities Act(ADA) improvements in Community Development Block Grant (CDBG) areas from FY 2012 Motion authorizing the City Manager or designee to execute a Construction Contract with CAS Companies, LP of Corpus Christi, Texas in the amount of$228,552.06, for ADA Improvements in CDBG Areas for the Base Bid only. Attachments: Agenda Memo-ADA Improvements Protect Budget-ADA Improvements.pdf Location Map-ADA Improvements.pdf Presentation-ADA Improvements.pdf 18. 13-001094 Contribution-In-Aid-Of Construction agreement for relocating and raising a transmission line that crosses the sedimentation basin of Mary Rhodes Pipeline Phase 2 Motion approving a Contribution-In-Aid-Of-Construction Agreement with American Electric Power(AEP) Texas Central Company in the amount of$1,450,000.00 for raising AEP's 69 KV transmission line that crosses Corpus Christi Page 6 Printed on 211712014 City Council Meeting Agenda-Final December 17,2013 the sedimentation basin of Mary Rhodes Pipeline Phase 2 Attachments: Agenda Memo- MR Pipeline.pdf Project Budget- MR Pipeline.pdf Location Map- MR Pipeline.pdf Contract- MR Pipeline.pdf Presentation- MR Pipeline.pdf 19. 13-001152 Reservation agreement for recycled water Motion authorizing the City Manager or designee to execute an Agreement for Exclusive Reservation of Recycled Water (the "Reservation") with Valero Refining - Texas, L.P. (Valero) for 4 million gallons per day (mgd) of recycled water. Attachments: Agenda Memo-for Recycled Water Agreement for Recycled Water Valero- DOI 20. 13-001156 Interlocal cooperation agreement with University of North Texas for air quality planning Resolution authorizing the City Manager or City Manager's designee to execute an Interlocal Cooperation Agreement with University of North Texas in the amount of $339,400 for an air quality research and planning program, which includes air quality monitoring and modeling projects, and development of an emissions inventory for the Nueces and San Patricio Counties area. Attachments: Agenda Memo- Interlocal Aqrmt w UNT Interlocal Aqrmt- University of North Texas Resolution -UNT 21. 13-001157 Interlocal cooperation agreement with Texas A&M University - Corpus Christi for pollution prevention and air quality educational outreach Resolution authorizing the City Manager or City Manager's designee to execute an Interlocal Cooperation Agreement with Texas A&M University-Corpus Christi in the amount of$211,530 for the Pollution Prevention Partnership and educational outreach program, which includes small business assistance and public education on pollution prevention and air quality in Nueces and San Patricio Counties. Attachments: Agenda Memo- Interlocal Aqrmt w TXAM Interlocal Aqrmt-Texas A&M Resolution -Texas A&M-Corpus Christi 22. 13-001103 Type A grant renewal for Del Mar Procurement Technical Corpus Christi Page 7 Printed on 211712014 City Council Meeting Agenda-Final December 17,2013 Assistance Center Resolution approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College Procurement Technical Assistance Center(PTAC) to provide grant up to $37,500 to assist small businesses. Attachments: Agenda Memo- PTAC Resolution -PTAC Agreement- PTAC Type A Letter- PTAC 23. 13-001159 Agreement with Texas A&M University recognizing the City as a sub-recipient for a Federal grant for fiber connectivity to permit finalization of grant activities Motion authorizing the City Manager, or designee, to execute an agreement with Texas A&M University for an expenditure of$144,000.00 to replace disallowed in-kind funding for a BTOP (Broadband Technology Opportunity Program) federal grant awarded to Texas A&M University in the amount of$1,000,000.00 and to recognize the City as a sub-recipient for funding from that grant. Attachments: Agenda Memo- BTOP Agreement-City of Corpus Christi -signed by TAMU 2013-12-2 Exhibit M -Cost Sharing Report TAMU Memo Presentation- BTOP Grant program 24. 13-001149 Contract for collection of delinquent special assessments, demolitions, liens, and Risk Management claims Motion to authorize the City Manager or his designee to execute a contract for the collection of delinquent special assessments levied in connection with paving liens and liens filed under Chapter 342 of the Health and Safety Code (including demolition, clean-up, and mowing) and for the collection of Risk Management claims with Linebarger, Goggan, Blair & Sampson, LLP for a fee of 20% of principal and interest collected on delinquent accounts turned over to the law firm. Attachments: Agenda Memo-for Collection Contract with Linebarger for Liens December 1C Contract-Collection-with Linebarger on Liens Nov 11 2013 final.pdf 25. 13-000994 Second Reading Ordinance - Rezoning from the "RM-1" Multifamily 1 District to the "RS-6" Single-Family 6 District, on property located at 5621 Corisca Road and 6940 South Staples Street (FM 2444) (1st Reading 12110113) Corpus Christi Page 8 Printed on 211712014 City Council Meeting Agenda-Final December 17,2013 Case No. 1013-02 Mokry Family: Rezoning from the "RM-1" Multifamily 1 District to the "RS-6" Single-Family 6 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential. The property to be rezoned is described as being a 4.01-acre tract of land, more or less, out of Lot 31, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on both sides of Corsica Road and approximately 620 feet east of South Staples Street (FM 2444). Planning Commission and Staff Recommendation (October 23, 2013): Approval of the rezoning from the "RM-1" Multifamily 1 District to the "RS-6" Single-Family 6 District. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by the Mokry Family, i.e., Tim J. Mokry, Gerard L. Mokry, Catherine J. Mokry, Edmund J. Mokry, Loraine Mokry Nemec, Leona Mokry Williams, Thelma Eugenia Mokry, and Estate of Louis V. Mokry, Deceased ("Owners"), by changing the UDC Zoning Map in reference to a 4.01-acre tract of land, more or less, out of Lot 31, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM-1" Multifamily 1 District to the "RS-6" Single-Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Mokry Family, 5621 Corisca Rd, 6940 Staples Map-Aerial Overview Mokry Family, 5621 Corsica Rd, 6940 Staples Zoning Report-Mokry Family, 5621 Corsica Rd, 6940 Staples Ordinance- Mokry Family, 5621 Corsica Rd, 6940 Staples St. 26. 13-001096 Second Reading Ordinance - Accepting and appropriating a State grant for the Senior Companion Program (SCP) (1st Reading 12110113) Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a Grant from The Corporation for National and Community Service in the amount of $5,756.00 to the No. 1067 Parks and Recreation Funds - for funding of a national service project-- Senior Companion Program. Attachments: Agenda Memo-SCP grant 2013 Ordinance-SCP state 2013 Award Letter-State SCP2013 27. 13-001100 Second Reading Ordinance - Accepting and appropriating a local grant for the Retired Senior Volunteer Program (RSVP) (1st Reading 12110113) Corpus Christi Page 9 Printed on 211712014 City Council Meeting Agenda-Final December 17,2013 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $18,059 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $18,059 grant in the No. 1067 Parks and Recreation Grants Fund. Attachments: Agenda Memo- RSVP state award 2013 Ordinance- RSVP State award 2013 Award Letter- RSVP State 2013 28. 13-001069 Second Reading Ordinance - Lease agreement with Coinmach Corporation for operation of laundry facilities (1st Reading 10117113) Ordinance authorizing the City Manager, or designee, to execute a five year Lease Agreement with Coinmach Corporation for operation of laundry facilities at Sunrise Beach RV Park in consideration of fifty percent of gross receipts. Attachments: Agenda Memo-Coinmach.pdf Ordinance-Coinmach Corporation Lease.pdf Agreement-Signed Coinmach.pdf 29. 13-001129 Second Reading Ordinance -Amending City code titled "Streets and Sidewalks" related to street cuts (1st Reading 12110113) Ordinance amending Chapter 49 of the Code of Ordinances titled "Streets and Sidewalks" in order to provide requirements and prohibitions related to street cuts. Attachments: Agenda Memo-Amending Code 49 Ordinance-CH 49 Article 3 Street Cuts and Excavations Presentation-Street Cut Ordinance 30. 13-001150 Second Reading Ordinance -Continuing Texas Municipal Retirement System (TMRS) updated service credits for participants and increases for prior and current annuities (1st Reading 12110113) Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Attachments: Agenda Memo-TMRS Ad Hoc 2013 Ordinance-TMRS 2013 31. 13-001090 Second Reading Ordinance - Purchase of Community Development Corpus Christi Page 10 Printed on 211712014 City Council Meeting Agenda-Final December 17,2013 and Regulation (CDR) module of Infor software (1st Reading 12110113) Ordinance appropriating $1,648,183 from the Unreserved Fund Balance in the Development Services Fund No. 4670 for the purchase of the Infor Community Development and Regulation (CDR) module; changing the FY 2013-2014 Budget adopted by Ordinance No. 029915 to increase appropriations by $1,648,183; authorizing the City Manager, or designee, to execute amendment to Master Contract with Infor, Inc. for CDR module, with an initial three-year service agreement and initial one-year hosting and maintenance agreements, each with automatically annual renewal terms upon payment of annual fees, with the total amount of the fixed price agreement of $1,648,183, which includes the recurring support costs for years one and two, and additional recurring support costs of$64,820 per year for years three through five. Attachments: Agenda Memo- Infor CDR Module purchase Ordinance- Infor CDR Module Contract Addendum- Infor CDR Module purchase Statement of Work- Infor CDR Module purchase Change Order-Infor CDR Module purchase Order Form- Infor CDR Module 32. 13-001137 Second Reading Ordinance -Appropriating funds for the purchase of court case management software (1st Reading 12110113) Ordinance authorizing participation in the National Joint Powers Alliance Cooperative Purchasing program; appropriating $1,300,000 from the Unreserved Fund Balance in the No. 1020 General Fund for court case management software and data conversion services; authorizing execution of contract with Tyler Technologies in amount of $777,044; changing the FY 2013-2014 Budget adopted by Ordinance No. 029915 to increase expenditures by $1,300,000 in the No. 1020 General Fund. Attachments: Agenda Memo- Municipal Court Item Ordinance- Municipal Court Case Management Software Contract-Corpus Christi -Tyler Executed- 12-4-13 Presentation- Municipal Courts Software 33. 13-001119 Second Reading Ordinance -Appropriating funds for safety vestibule at City Detention and Magistration Center(1st Reading 12110113) Ordinance appropriating and transferring $50,000.00 from the Unreserved Fund Balance in the No. 1020 General Fund for the remodeling of the City Detention and Magistration Center to create a safety vestibule; and changing the FY 2013-2014 Adopted Annual Operating Budget adopted by Ordinance No 029915 by increasing Corpus Christi Page 11 Printed on 211712014 City Council Meeting Agenda-Final December 17,2013 expenditures by $50,000 in the No. 1020 General Fund. Attachments: Agenda Memo-Appropriating Funds$50.pdf Ordinance-Appropriation of Funds.pdf 34. 13-001086 Second Reading Ordinance -Appropriating Passenger Facility Charge (PFC)funds for debt service payment associated with airport terminal and roadway improvements (1st Reading 12110113) Ordinance appropriating $1,138,856 from the Unreserved Fund Balance in the Passenger Facility Charge Fund No. 4621 and transferring $823,854 to the Airport 2012A Debt Service Fund No. 4640 and $315,002 into Airport 2012A Debt Service Fund No. 4641 for debt service on Airport Improvements; amending the FY 2013-2014 Capital Budget adopted by Ordinance No. 029916 to increase appropriations by $1,138,856. Attachments: Agenda Memo- PFC Debt Service Appropriation Ordinance- PFC Debt Service Appropriation 35. 13-001087 Second Reading Ordinance -Appropriating Federal grant for funding airport upgrades to security and perimeter road systems (1st Reading 12110113) Ordinance appropriating $62,249 from the Federal Aviation Administration Grant No. 3-48-0051-048-2011 in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; changing the FY 2013-2014 Capital Budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $62,249. Attachments: Agenda memo-Grant 48 Amendment 10.31.13 Ordinance-Grant 48 Amendment Appropriation M. PUBLIC HEARINGS: (ITEMS 36 -37) 36. 13-001014 Public Hearing and First Reading Ordinance -Rezoning from the "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District, on property located at 4050 Acushnet Drive. Case No. 1113-01 Luxury Spec Homes, Inc.: A rezoning from the "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District, resulting in a change to the Future Land Use Plan from commercial to low-density residential uses. The property is described as Lot 13, Block 2, Country Club Estates Unit 20, located on the north side of Acushnet Drive, approximately 525 feet east of Weber Road (FM 43). Planning Commission and Staff Recommendation (November 20, 2013): Corpus Christi Page 12 Printed on 211712014 City Council Meeting Agenda-Final December 17,2013 Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Luxury Spec Homes, Inc., acting as agent behalf of Mihail Chryssos and Nikolaos Hrisos ("Owners"), by changing the UDC Zoning Map in reference to Lot 13, Block 2, Country Club Estates Unit 20 from the "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Luxury Spec Homes, 4050 Acushnet Dr Map-Aerial Overview Luxury Spec Homes, 4050 Acushnet Dr Zoning Report-Luxury Spec Homes, 4050 Acushnet Dr Ordinance- Luxury Spec Homes, 4050 Acushnet Dr 37. 13-001074 Public Hearing and First Reading Ordinance -Rezoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District, on property located at 1201, 1217, 1225 and 1233 Barton Street. Case No. 1113-03 Robert Bryan Johnson: Rezoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District, resulting in a change to the Future Land Use Plan from low density residential to medium density residential uses. The property being rezoned is described as Lots 20, 21, 22, 23, Block 5, Flour Bluff Center, located on the northeast corner of Barton and O'Neill Streets. Planning Commission and Staff Recommendation (November 20, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Robert Bryan Johnson, by changing the UDC Zoning Map in reference to Lots 20, 21, 22, and 23, Block 5, Flour Bluff Center, from the "RS-6" Single-Family 6 District to the "RS-TF" Two- Family District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Robert Bryan Johnson, Barton St Map-Aerial Overview- Robert Bryan Johnson, Barton St Zoning Report-Robert Bryan Johnson, Barton St Ordinance- Robert Bryan Johnson, Barton St Corpus Christi Page 13 Printed on 211712014 City Council Meeting Agenda-Final December 17,2013 N. REGULAR AGENDA: (ITEMS 38 -41) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 38. 13-001098 Supply Agreement for Single Port Meter Transmission Units Motion approving a supply agreement with Aclara Technologies LLC, Hazelwood, Missouri for approximately 5,376 single port meter transmission units (MTU's). The award is based on sole source, for an estimated annual expenditure of$473,088 of which $336,512 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve months with an option to extend the contract for up to two additional twelve month periods, subject to the approval of the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013-2014. Attachments: Agenda Memo-Supply Agreement for Single Port MTUs Price Sheet-Single Port Meter Transmission Units.pdf 39. 13-001127 Approval of the Street Preventive Maintenance Program Year One - Annual Work Plan Resolution approving the concepts, direction, and general work plan for the first year of the Street Preventative Maintenance Program (SPMP) -- the 2014 SPMP Work Plan (Year-1). Attachments: Agenda Memo-Street Preventive Maintenance Program Year One 1 Resolution Presentation-SPMP 2014 Workplan and Update Work plan by Delivery Order Work plan by Council District Work plan by Alphabetical Order Work plan of Deferred Streets City Crew 2014 Work Plan 120513 Location Map 40. 13-001126 Construction contracts for the citywide street and sealcoat indefinite delivery/indefinite quantity program -pilot program; amendment no. 2 to design contract; testing agreement Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, LP, dba, Bay LTD. in the amount of $6,147,094.05 for the Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity (IDIQ) Pilot Program for Total Base Bid #1; and to execute a construction contract with Haas Anderson Construction, Inc. in the amount of $11,920,961.00 for the Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity (IDIQ) Corpus Christi Page 14 Printed on 211712014 City Council Meeting Agenda-Final December 17,2013 Pilot Program for Total Base Bid #2; and to execute Amendment No. 2 to an engineering design contract with R.H. Shackelford, Inc. in the amount of $548,513.00 for a re-stated total fee of $743,360.00 for development of remaining pilot program delivery orders; and to execute a testing agreement with Rock Engineering and Testing Laboratory in the amount $73,099.00 for the Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program-Pilot Program for construction material testing. Attachments: Agenda Memo-Citywide Street Overlay and Sealcoat IDIQ Program-Pilot Progi Protect Budget-Street IDIQ Amendment 2 with RH Shackelford contract-with Rock Location Map Presentation-Citywide Street Overlay and Sealcoat IDIQ Program-Pilot Prograi 41. 13-001101 Extending lease agreement for City Detention and Magistration Center Motion authorizing the City Manager, or designee, to execute an amendment to extend a lease agreement for two years with an option for three one year extensions, with Wilson Plaza Associates, L.P., for approximately 4,710 square feet at the Wilson Plaza Building, 606 N. Carancahua, Suite 113-A, for$6,086.97 monthly rental payment, to house the City Detention and Magistration Center. Attachments: Agenda Memo- Lease Extension.pdf Agreement-Office Lease Extension.pdf O. FIRST READING ORDINANCES: (ITEM 42) 42. 13-001143 First Reading Ordinance -Closing a portion of a 15-foot wide utility easement out of Lot 1, Incarnate Word Subdivision located south of Lipes Boulevard and west of South Staples Street Ordinance abandoning and vacating a portion of a 15-foot wide utility easement out of Lot 1, Incarnate Word Subdivision and requiring the owner, The Convent Academy of the Incarnate Word, to comply with the specified conditions. Attachments: Agenda Memo-Abandon and Vacate, Incarnate Word Subdivision Ordinance-Abandon and Vacate,Incarnate Word Subdivision Exhibits A&B-Abandon and Vacate, Incarnate Word Subdivision P. FUTURE AGENDA ITEMS: (ITEMS 43 -44) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. Corpus Christi Page 15 Printed on 211712014 City Council Meeting Agenda-Final December 17,2013 43. 13-001177 Resolution requesting the Texas Commission on Environmental Quality(TCEQ)to adopt language in the environmental flow standards for the Nueces River Basin to clarify that rules are to be applied prospectively and not affect an existing water right Resolution requesting the Texas Commission on Environmental Quality (TCEQ) clearly and conclusively state that Senate Bill 3 environmental flow standards are to be applied prospectively and environmental flow standards for the Nueces River Basin not affect an appropriation of or an authorization to store, take, or divert water under a permit or amendment to a water right issued before September 1, 2007 Attachments: Agenda Memo-TCEQ e-flows amendment Resolution -TCEQ eflows amendment Summary-SB 3 FINAL Comment Letter Corpus Christi 10-18-13 FINAL(2) 44. 13-001175 Ratifying Federal grant for Marina replacement dock for boat slips Resolution ratifying grant application to US Fish and Wildlife Service through Texas Parks and Wildlife Department for $502,496.00 Boating Infrastructure Grant for Marina boat slips including 35 transient boat slips. Attachments: Agenda Memo-GRANT V6 11-2013.pdf Grant Application- 10-17-13 Big Grant Boat Slips.pdf Resolution -Marina grant application December V5 2013.pdf Map- Rpier Replacement.pdf Dock Design- R-Pier Boat Slip Replacement 2013.pdf Revenue&Loss- Proposed R Pier Nov13.pdf Q. BRIEFINGS TO CITY COUNCIL: (ITEM 45 -46) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 45. 13-001173 Fiscal Year Change Attachments: Agenda Memo- Fiscal Year Change Presentation.pdf Presentation-Change in Fiscal Year End 12-06-13.pdf 46. 13-001200 Conceptual Discussion about a Regional Youth Sports Complex R. ADJOURNMENT Corpus Christi Page 16 Printed on 211712014 Cor us Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, December 10, 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 Reverend Paul Allan, Mission Church, Ministry of St. John's United Methodist Church. Reverend Paul Allan gave the invocation. C. Pledge of Allegiance to the Flag of the United States. Fire Chief Robert Rocha 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, Interim City Attorney Lisa Aguilar,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 G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Ron Olson reported on the following issues: a. Employee of the Quarter Mr. Olson recognized Animal Control Officer Danni Alcantara for receiving the Employee of the Quarter recognition from her peers. Corpus Christi Page 1 Printed on 1211212013 City Council Meeting Minutes December 10,2013 b. City Performance Report -Fire Department City Manager Olson asked Fire Chief Robert Rocha to provide a briefing on the operations, goals and mission elements of the Fire Department. Fire Chief Rocha also provided an update on the first quarter impact of the additional two (2)ambulance units. C. Other 1)Last week,the City sold $97 million in utility system bonds and saved over$1 million in interest due to an extremely good market. 2) On Monday, December 16th,the Coast Guard Stonewater Project will have a ground breaking ceremony at 10:00 a.m.at the Corpus Christi International Airport. 3) Mr. Olson provided the Council with the proposed revisions to the City's Ethical Business Conduct Policy for City employees. E. Proclamations /Commendations None. H. EXECUTIVE SESSION: (NONE) I. MINUTES: 1. Regular Council meeting of November 19, 2013. Mayor Martinez deviated from the agenda and called for approval of the minutes. Council Member Mark Scott requested that the minutes be amended on Item 38, last sentence,to remove the words "this issue"and add "audit firm selection process". Council Member Scott made a motion to approve the minutes as amended,seconded by Council Member Loeb and passed unanimously. F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez deviated from the agenda and called for comments from the audience.Johnny French requested that the agenda be posted two(2)weeks in advance to allow the public time to react to future agenda items. Colin Sykes thanked the Council for proposing to spend funds on La Retama Park and requested consideration for a public podium in the park. Mr.Sykes also spoke against the rerouting of Shoreline Boulevard. Corpus Christi Page 2 Printed on 1211212013 City Council Meeting Minutes December 10,2013 J. BOARDS &COMMITTEE APPOINTMENTS: 2. C.C. Aquifer Storage and Recovery Conservation District North Padre Island Development Corporation Port of Corpus Christi Authority of Nueces County, TX Reinvestment Zone No. Two Board Mayor Martinez called for board and committee appointments.The following appointments were made: C.C.Aquifer Storage and Recovery Conservation District-Pete Anaya, Margie Rose,and Fred Segundo(Reappointed); Dan Biles(Appointed) North Padre Island Development Corporation -David Loeb, Kelley Allen, Lillian Riojas, Colleen McIntyre and Rudy Garza(Reappointed) Port of Corpus Christi Authority of Nueces County,TX-David P. Engel and Richard R.Valls Jr. (Appointed) Reinvestment Zone No.Two Board -Council Member Colleen McIntyre was appointed as chairperson for a term of one-year beginning 1-01-14. K. EXPLANATION OF COUNCIL ACTION: None. L. CONSENT AGENDA: (ITEMS 3 - 18) Approval of the Consent Agenda Mayor Martinez called for the consent agenda. Council Member McIntyre requested that Item 4 be pulled for individual consideration.Johnny French requested that Item 6 be pulled for individual consideration.The consent agenda was passed 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 3. Lease - purchase of one rescue pumper for emergency response Motion approving the lease purchase of one (1) rescue pumper from Siddons-Martin Emergency Group, of Denton, Texas based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC), in the amount of$525,000 of which $9,252.69 is required in FY 2013-2014. The rescue pumper will be used by the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City's lease/financing program. This Motion was passed on the Consent Agenda. Enactment No: M2013-174 Corpus Christi Page 3 Printed on 1211212013 City Council Meeting Minutes December 10,2013 4. Engineering construction inspection services contract for the public safety warehouse (Bond 2008) Motion authorizing the City Manager, or designee, to execute a Contract for Construction Inspection Services with AGCM, Inc. from Corpus Christi, Texas in the amount of $83,125, for inspection services required during the construction of the Public Safety Warehouse project. (Bond 2008) This Motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Loeb Abstained: 0 Enactment No: M2013-175 5. Engineering construction inspection services contract for fire station no. 5 (Bond Issue 2008) Motion authorizing the City Manager, or designee, to execute a contract for Construction Inspection Services with AGCM, Inc. from Corpus Christi, Texas in the amount of $71,725, for inspection services required during the construction of Fire Station No. 5. This Motion was passed on the Consent Agenda. Enactment No: M2013-176 6. Engineering design contract for Packery Channel Phase 3, Restroom Facilities Motion authorizing the City Manager, or designee, to execute an agreement for Engineering Design Services with Chuck Anastos Associates, LLC. in the amount of$193,500.00 for Packery Channel Phase 3, Restroom Facilities for design, bid and construction observation phase services. This Motion was passed 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 Enactment No: M2013-177 7. Resolution delegating authority for alternative delivery methods Corpus Christi Page 4 Printed on 1211212013 City Council Meeting Minutes December 10,2013 to implement Texas Government Code Chapter 2269 related to contracting and delivery procedures for construction projects Resolution adopting rules to implement Chapter 2269 of the Government Code regarding contracting and delivery methods for construction projects; and delegating authority to implement Chapter 2269 to the City Manager. This Resolution was passed on the Consent Agenda. Enactment No: 030019 8. Resolution approving the City's investment policy Resolution reaffirming the City of Corpus Christi's Investment Policy. This Resolution was passed on the Consent Agenda. Enactment No: 030020 9. Affordable Housing Agreement between the City of Corpus Christi and the Corpus Christi Business &Job Development Corporation Motion authorizing the City Manager, or designee, to execute an Affordable Housing Agreement between the City of Corpus Christi and the Corpus Chrisit Business &Job Development Corporation (CCBJDC). This Motion was passed on the Consent Agenda. Enactment No: M2013-178 10. Second Reading Ordinance - Rezoning from the "CR-1/10" Resort Commercial District with an Island Overlay and the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, on property located at 15229 Windward Drive (1st Reading 11/19/13) Case No. 1013-03 Nemo Court Construction, LLC: Rezoning from the "CR-1/10" Resort Commercial District with an Island Overlay and the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lots 10, 11 & 12R, Block 46 Padre Island- Corpus Christi Section A, located at the northwest corner of Windward and Robla Drives. Corpus Christi Page 5 Printed on 1211212013 City Council Meeting Minutes December 10,2013 Planning Commission and Staff Recommendation (October 23, 2013): Approval of the"RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, subject to nine conditions. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Nemo Court Construction, LLC, by changing the UDC Zoning Map in reference to Lots 10, 11 & 12R, Block 46, Padre Island - Corpus Christi Section A, from the "CR-1/10" Resort Commercial District with an Island Overlay and "RM-AT/10" Multifamily AT with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030021 11. Second Reading Ordinance -Adopting the MobilityCC unified transportation plan (1st Reading 11/19/13) Ordinance adopting Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi ( " The City " ), by merging and modifying the existing Corpus Christi Urban transportation Plan and the Corpus Christi ADA Master Plan, for the City and its extraterritorial jurisdiction by establishing a unified transportation plan consistent with the public interest; repealing the existing Corpus Christi Urban transportation Plan, adopted by Ordinance#028504, March 9, 2010 repealing conflicting ordinances; amending conflicting provisions of the Comprehensive Plan; providing for severance; and providing for publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030022 12. Second Reading Ordinance -Amending the Unified Development Code to adopt acceptable utility design standards (1st Reading 11/19/13) Ordinance amending Articles 1 and 8 of the Unified Development Code relating to design standards, criteria, and requirements for design; requiring compliance with design standards issued by the City Engineer; and providing for severance, penalties, and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030023 Corpus Christi Page 6 Printed on 1211212013 City Council Meeting Minutes December 10,2013 13. Second Reading Ordinance -Accepting and appropriating a State grant for the State Homeland Security Program (1st Reading 11/19/13) Ordinance authorizing the Mayor or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) in the amount of $126,807.57 for FY 2013 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $126,807.57 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2013 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030024 14. Second Reading Ordinance -Accepting and appropriating State grant for homeland security for law enforcement terrorism prevention activities (1st Reading 11/19/13) Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) in the amount of$38,598.00 for FY 2013 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) Law Enforcement Terrorism Prevention Activity (LETPA); and appropriating $38,598.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2013 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection-oriented activities (LETPA) such as planning, organization, training, exercises, and purchase needed equipment This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030025 15. Second Reading Ordinance - Reimbursement agreement and appropriation of funds for water distribution main line located on the north side of State Highway 44, west of Clarkwood South Road (FM 2292), and west of North Padre Island Drive (SH 358) Corpus Christi Page 7 Printed on 1211212013 City Council Meeting Minutes December 10,2013 (1st Reading 11/19/13) Ordinance authorizing execution of a distribution main extension construction and reimbursement Agreement ("Agreement") with Coyote Acres Real Estate Holdings, LLC ("Developer"), for the construction of a distribution waterline and appropriating $12,920.00 from the NO. 4030 Water Distribution Main Trust Fund to reimburse the developer in accordance with the agreement. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030026 16. Second Reading Ordinance -Exempting Water's Edge at Kitty Hawk Subdivision Unit I, located south of South Staples Street (FM 2444) and east of County Road 41, from wastewater lot/acreage fees (1st Reading 11/19/13) Ordinance exempting Water's Edge at Kitty Hawk Subdivision Unit I, a subdivision located south of South Staples Street (FM 2444) and east of County Road 41, from the payment of wastewater lot/acreage fees under Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030027 17. Second Reading Ordinance - Exempting Kitty Hawk Subdivison Unit II, located south of South Staples Street (FM 2444) and east of County Road 41, from wastewater lot/acreage fees (1st Reading 11/19/13) Ordinance exempting Kitty Hawk Subdivision Unit II, a subdivision located south of South Staples Street (FM 2444) and east of County Road 41, from the payment of wastewater lot/acreage fees under Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030028 18. Second Reading Ordinance - Exempting Kitty Hawk Subdivision Unit III, located south of South Staples Street (FM 2444) and east of County Road 41, from wastewater lot/acreage fees (1st Reading 11/19/13) Ordinance exempting Kitty Hawk Subdivision Unit III, a subdivision located south of South Staples Street (FM 2444) and east of County Road 41, from the payment of wastewater lot/acreage fees under Corpus Christi Page 8 Printed on 1211212013 City Council Meeting Minutes December 10,2013 Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030029 M. PUBLIC HEARINGS: (ITEM 19) 19. Public Hearing and First Reading Ordinance -Rezoning from the "RM-1" Multifamily 1 District to the "RS-6" Single-Family 6 District, on property located at 5621 Corisca Road and 6940 South Staples Street (FM 2444). Case No. 1013-02 Mokry Family: Rezoning from the "RM-1" Multifamily 1 District to the "RS-6" Single-Family 6 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential. The property to be rezoned is described as being a 4.01-acre tract of land, more or less, out of Lot 31, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on both sides of Corsica Road and approximately 620 feet east of South Staples Street (FM 2444). Planning Commission and Staff Recommendation (October 23, 2013): Approval of the rezoning from the "RM-1" Multifamily 1 District to the "RS-6" Single-Family 6 District. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by the Mokry Family, i.e., Tim J. Mokry, Gerard L. Mokry, Catherine J. Mokry, Edmund J. Mokry, Loraine Mokry Nemec, Leona Mokry Williams, Thelma Eugenia Mokry, and Estate of Louis V. Mokry, Deceased ("Owners"), by changing the UDC Zoning Map in reference to a 4.01-acre tract of land, more or less, out of Lot 31, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM-1" Multifamily 1 District to the "RS-6" Single-Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 19.Annika Gunning with Development Services stated that the purpose of this item is to rezone the subject property to allow construction of a single-family residential subdivision. Ms. Gunning stated that Planning Commission and staff were in favor of the zoning change. Council Member Magill made a motion to open the public hearing, seconded by Council Member Scott and passed.There were no comments from the Council or the public. Council Member McIntyre made a motion to close the public hearing,seconded by Council Member Loeb.This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 9 Printed on 1211212013 City Council Meeting Minutes December 10,2013 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 N. REGULAR AGENDA: (ITEM 20) 20. Pre-Purchase of Pumps & Motors for Mary Rhodes Pipeline Phase 2 Motion approving the purchase of pumps and motors for Mary Rhodes Phase 2 from Smith Pump Company, Inc., Austin, Texas, based on lowest responsible proposer, pursuant to Request for Proposal number BI-0198-12, for a total expenditure of$4,554,446.20. Funds are budgeted in the Water Capital Improvement Project #7. Mayor Martinez referred to Item 20. Director of Engineering Services Dan Biles stated that the purpose of this item is to approve the pre-purchase of pumps and motors for Mary Rhodes Pipeline Phase 2. Mr. Biles provided a project schedule and budget. In response to a council member, Mr. Biles explained that the encumbered funds were for legal fees, land acquisition and purchase of the pumps.There were no comments from the public. Council Members spoke regarding the following topics: charts indicating water supply and demand; re-use of water; next steps and strategies beyond Mary Rhodes Phase 2 and diversity of water supply. This Motion was passed 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 Enactment No: M2013-179 P. FUTURE AGENDA ITEM: (ITEMS 50) Mayor Martinez referred to Future Agenda Item 50. Director of Engineering Dan Biles gave a presentation on this item. 50. Reservation agreement for recycled water Motion authorizing the City Manager or designee to execute an Agreement for Exclusive Reservation of Recycled Water (the "Reservation") with Valero Refining - Texas, L.P. (Valero) for 4 million gallons per day (mgd) of recycled water. This Motion was recommended to consent agenda Mayor Martinez called for a 25-minute recess. Corpus Christi Page 10 Printed on 1211212013 City Council Meeting Minutes December 10,2013 N. REGULAR AGENDA: (ITEMS 21-23) 21. Second Reading Ordinance -Accepting and appropriating State award fund for Texas Medicaid Managed Care Initiative - 1115 waiver-Obesity Project (1st Reading 11119113) Ordinance authorizing the advance of up to $2,000,000 from the No. 1020 General Fund to the Texas Health and Human Services Commission (TX HHSC) and in turn the Centers for Medicare and Medicaid Services (CMS) for the City's local match for City projects under the Corpus Christi - Nueces County Public Health District's (CCNCPHD) 1115 Transformation Waiver; and authorizing pass-through payment of up to $1,500,000 from the No. 9100 Nueces County Health District Fund for Nueces County's local match for County projects under the CCNCPHD 1115 Transformation Waiver; funds to be repaid from the CMS within 2 months of the advance for both the City's and the County's local match; Additionally, authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate the award fund upon receipt in the amount of approximately $2,100,000 from CMS and the TXHHSC to implement a program to reduce and prevent obesity in children and adolescents for the period of October 1, 2012 through September 30, 2014; and to ratify acceptance of the award fund to begin as of October 1, 2012. Mayor Martinez reconvened the meeting and referred to Item 21. Director of Public Health Annette Rodriguez stated that the purpose of this item is to request an advance of up to$2,000,000 for the childhood obesity prevention program;approval of a pass-through payment of up to$1,500,000 for Nueces County;and authorize execution of all documents upon approval of the fund award. Ms. Rodriguez introduced Brian Finnerty with MEND(M-Mind, E-Exercise, N-Nutrition, D-Do It!)who presented information on the outcome measurements and components of the program.There were no comments from the public. Council members asked questions regarding the following topics: how the funding will be used;a matrix on outcome and accountability; whether reimbursement is determined by the number of participants or outcome;the Year 1 matrix and the amount of funding; measurement of success and outcomes;when the results would be available; and the worst case scenario should the outcomes not be met. Upon staffs recommendation, Council Member Loeb made a motion to change the caption language from "grant"to"award fund", seconded by Council Member Leal, and passed. This Ordinance was passed on second reading as amended 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 Enactment No: 030030 Corpus Christi Page 11 Printed on 1211212013 City Council Meeting Minutes December 10,2013 22. Purchase of child obesity prevention program Motion approving the purchase of child obesity prevention program from Healthy Weight Partnership, Inc., Boston, MA, based on sole source, for a total estimated three-year expenditure of$1,688,295, of which, approximately $335,425 will be required through the remainder of FY 2013/2014. Funds are budgeted in the Corpus Christi Nueces County Health District's (CCNCPHD) 1115 Transformation Waiver Fund. Mayor Martinez referred to Item 22.Assistant Director of Financial Services Mike Barrera stated that the purpose of this item is to award the purchase of the MEND Program for the child obesity prevention program based on sole source.There were no comments from the Council or the public.This Motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2013-180 23. Service agreements for Child Obesity Prevention Program providers Motion approving service agreements for child obesity program prevention providers for the Corpus Christi Nueces County Public Health District (CCNCPHD) with the following organizations, for the following amounts, in accordance with Request for Qualifications No. BI-0015-14 for an estimated three-year expenditure of$1,398,000, of which $203,000 is required for FY 2013-2014. The term of the service agreements will be for three years. Funds are budgeted in the Corpus Christi Nueces County Public Health District (CCNCPHD) 1115 Transformation Waiver Fund. Corpus Christi I.S.D. Boys & Girls Club Boys & Girls Club Corpus Christi,TX Corpus Christi,TX Robstown, TX $954,000 $105,000 $105,000 YMCA of the Coastal Bend Taft I.S.D. Corpus Christi,TX Taft, TX $195,000 $39,000 Grand Total: $1,398,000 Mayor Martinez referred to Item 23.Assistant Director of Financial Services Corpus Christi Page 12 Printed on 1211212013 City Council Meeting Minutes December 10,2013 Mike Barrera stated that the purpose of this item is to approve the award to the service providers of the child obesity prevention program.There were no comments from the Council or the public.This Motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2013-181 O. FIRST READING ORDINANCES: (ITEMS 24 -33) 24. First Reading Ordinance - Accepting and appropriating a State grant for the Senior Companion Program (SCP) Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a Grant from The Corporation for National and Community Service in the amount of $5,756.00 to the No. 1067 Parks and Recreation Funds - for funding of a national service project-- Senior Companion Program. Mayor Martinez referred to Item 24. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to accept and appropriate the grant funding from the Corporation for National and Community Service for the Senior Companion Program.There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 25. First Reading Ordinance - Accepting and appropriating a local grant for the Retired Senior Volunteer Program (RSVP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $18,059 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $18,059 grant in the No. 1067 Parks and Recreation Grants Fund. Mayor Martinez referred to Item 25. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to accept and appropriate the grant award from the Corporation for National and Community Service for the Retired Senior Volunteer Program (RSVP).There were no comments from the Council or the public.This Ordinance was passed on first reading and Corpus Christi Page 13 Printed on 1211212013 City Council Meeting Minutes December 10,2013 approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 26. First Reading Ordinance - Lease agreement with Coinmach Corporation for operation of laundry facilities Ordinance authorizing the City Manager, or designee, to execute a five year Lease Agreement with Coinmach Corporation for operation of laundry facilities at Sunrise Beach RV Park in consideration of fifty percent of gross receipts. Mayor Martinez referred to Item 26. Deputy Director of Water Operations Brian Butscher stated that the purpose of this item is to approve a lease agreement between the City and Coinmach Corporation to provide laundry facilities at Sunrise Beach. In response to a council member, Mr. Butscher said Sunrise Beach's occupancy currently is 38 trailers with five(5) reservations.There were no comments from the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 2- Council Member Leal and Council Member Riojas Abstained: 0 27. First Reading Ordinance -Amending City code titled "Streets and Sidewalks" related to street cuts Ordinance amending Chapter 49 of the Code of Ordinances titled "Streets and Sidewalks" in order to provide requirements and prohibitions related to street cuts. Mayor Martinez referred to Item 27. Director of Engineering Services Dan Biles stated that the purpose of this item is to amend Chapter 49 of the Code of Ordinances,Streets and Sidewalks. Mr. Biles said this ordinance is amending the portion pertaining to street cuts and highlighted the changes to Article III., Cuts and Excavations.There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 2- Council Member Leal and Council Member Riojas Abstained: 0 Corpus Christi Page 14 Printed on 1211212013 City Council Meeting Minutes December 10,2013 28. First Reading Ordinance -Continuing Texas Municipal Retirement System (TMRS) updated service credits for participants and increases for prior and current annuities Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Mayor Martinez referred to Item 28. Director of Human Resources Yasmine Chapman stated that the purpose of this item is to authorize and allow, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits"in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi. City Manager Ron Olson said that the City is currently on an Ad Hoc basis and he is focusing commitment to renew to the annual repeating system. Mayor Martinez called for comments from the public.Scott Leeton, President of the Corpus Christi Police Officers Association,thanked the City Manager and Council for addressing this situation.There were no comments from the Council. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 29. First Reading Ordinance - Purchase of Community Development and Regulation (CDR) module of Infor software Ordinance appropriating $1,648,183 from the Unreserved Fund Balance in the Development Services Fund No. 4670 for the purchase of the Infor Community Development and Regulation (CDR) module; changing the FY 2013-2014 Budget adopted by Ordinance No. 029915 to increase appropriations by $1,648,183; authorizing the City Manager, or designee, to execute amendment to Master Contract with Infor, Inc. for CDR module, with an initial three-year service agreement and initial one-year hosting and maintenance agreements, each with automatically annual renewal terms upon payment of annual fees, with the total amount of the fixed price agreement of $1,648,183, which includes the recurring support costs for years one and two, and additional recurring support costs of $64,820 per year for years three through five. Mayor Martinez referred to Item 29. Director of Municipal Information Services Michael Armstrong stated that the purpose of this item is to execute an Corpus Christi Page 15 Printed on 1211212013 City Council Meeting Minutes December 10,2013 amendment to the Master Contract with Infor, Inc.for the implementation of software for Development Services, Neighborhood Services and the Health Department that is compatible with the Enterprise Resource Planning (ERP) system. Mr.Armstrong presented information on the history and problems of the existing software; project funding for the next 10 years;comparison of the proposed and existing software; benefits of the new system and proposed project phasing. There were no comments from the public. Council members asked questions regarding the unreserved fund balance and the differential in project costs from current software.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 2- Council Member Leal and Council Member Riojas Abstained: 0 30. First Reading Ordinance -Appropriating funds for the purchase of court case management software Ordinance authorizing participation in the National Joint Powers Alliance Cooperative Purchasing program; appropriating $1,300,000 from the Unreserved Fund Balance in the No. 1020 General Fund for court case management software and data conversion services; authorizing execution of contract with Tyler Technologies in amount of $777,044; changing the FY 2013-2014 Budget adopted by Ordinance No. 029915 to increase expenditures by $1,300,000 in the No. 1020 General Fund. Mayor Martinez referred to Item 30. Director of Municipal Information Services Michael Armstrong stated that the purpose of this item is to replace the existing software used by Municipal Court. Mr.Armstrong provided information on the existing software;the vendor selection process;the selected vendor;and the associated costs. There were no comments from the public. Council members spoke regarding the following topics:automatic ticket writer integration;online payment capabilities;case load and management tools; interfacing with Police Department system;and the ability to use the software to schedule officers for court.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 31. First Reading Ordinance -Appropriating funds for safety vestibule at City Detention and Magistration Center Ordinance appropriating and transferring $50,000.00 from the Unreserved Fund Balance in the No. 1020 General Fund for the Corpus Christi Page 16 Printed on 1211212013 City Council Meeting Minutes December 10,2013 remodeling of the City Detention and Magistration Center to create a safety vestibule; and changing the FY 2013-2014 Adopted Annual Operating Budget adopted by Ordinance No 029915 by increasing expenditures by $50,000 in the No. 1020 General Fund. Mayor Martinez referred to Item 31. Director of Municipal Court Kimberly Jozwiak stated that the purpose of this item is to appropriate and transfer $50,000 from the Unreserved Fund Balance for the remodeling of the City Detention and Magistration Center to create a safety vestibule.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 32. First Reading Ordinance -Appropriating Passenger Facility Charge (PFC)funds for debt service payment associated with airport terminal and roadway improvements Ordinance appropriating $1,138,856 from the Unreserved Fund Balance in the Passenger Facility Charge Fund No. 4621 and transferring $823,854 to the Airport 2012A Debt Service Fund No. 4640 and $315,002 into Airport 2012A Debt Service Fund No. 4641 for debt service on Airport Improvements; amending the FY 2013-2014 Capital Budget adopted by Ordinance No. 029916 to increase appropriations by $1,138,856. Mayor Martinez referred to Item 32. Director of Aviation Fred Segundo stated that the purpose of this item is to appropriate passenger facility charges that will be used to pay for debt service.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 33. First Reading Ordinance -Appropriating Federal grant for funding airport upgrades to security and perimeter road systems Ordinance appropriating $62,249 from the Federal Aviation Administration Grant No. 3-48-0051-048-2011 in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; changing the FY 2013-2014 Capital Budget adopted by Ordinance No. 029916 by Corpus Christi Page 17 Printed on 1211212013 City Council Meeting Minutes December 10,2013 increasing revenues and expenditures by $62,249. Mayor Martinez referred to Item 33. Director of Aviation Fred Segundo stated that the purpose of this item is to appropriate$62,249 from the Federal Aviation Administration to upgrade security and perimeter systems at the Corpus Christi International Airport.There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 34-49 and 51-58) Mayor Martinez referred to the Future Agenda. City Manager Ron Olson stated that staff had presentations on Items 34,35,36, 37, 38,39,51,52, and 56. 34. Agreement for delivery of electricity and related services Motion authorizing the City Manager to execute a Commercial Energy Sales Agreement for deliveries of electricity and necessary, related services at a fixed energy price per kilowatt hour (kWh) not to exceed the current contract rate for 2011-2013 plus standard delivery services charges effective January 1, 2014, for 48 months ending December 31, 2017, for certain electric accounts in the area served by Nueces Electric Cooperative. This Motion was recommended to consent agenda 35. Adopting the federal legislative priorities Resolution adopting the City of Corpus Christi's federal legislative priorities for 113th U.S. Congress. This Resolution was recommended to consent agenda 36. Lease purchase of freightliner truck for chipped tree transport Motion approving the lease purchase of one (1) Freightliner truck with Knapheide Forestry Body from Freightliner of Houston, Houston, Texas for a total amount of $90,870.00 of which $7,014.06 is required in FY 2013-2014. 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. This Motion was recommended to consent agenda Corpus Christi Page 18 Printed on 1211212013 City Council Meeting Minutes December 10,2013 37. Lease purchase of freightliner truck with aerial lift body for traffic signal maintenance Motion approving the lease-purchase of one (1) Freightliner truck with aerial lift body from Freightliner of Houston, Houston, Texas for a total amount of$131,620.00. 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. This Motion was recommended to consent agenda 38. Lease purchase of dump trucks for landfill Motion approving the lease purchase of three (3) Freightliner trucks with Warren 18-yard dump body from Freightliner of Houston, Houston, Texas for a total amount of$366,832.00 of which $25,860.44 is required in FY 2013-2014. 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. This Motion was recommended to consent agenda 39. Purchase of freightliner truck with cement mixer body for concrete repair by water distribution crews Motion approving the purchase of one (1) Freightliner truck with cement mixer body from Houston Freightliner, Inc., Houston, Texas for a total amount of$230,205.00. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC). Funding is available in the FY 2013-2014 Capital Outlay Budget of the Water Fund. This Motion was recommended to consent agenda 40. Supply Agreement for Single Port Meter Transmission Units Motion approving a supply agreement with Aclara Technologies LLC, Hazelwood, Missouri for approximately 5,376 single port meter transmission units (MTU's). The award is based on sole source, for an estimated annual expenditure of$473,088 of which $336,512 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve months with an option to extend the contract for up to two additional twelve month periods, subject to the approval of the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013-2014. This Motion was recommended to consent agenda Corpus Christi Page 19 Printed on 1211212013 City Council Meeting Minutes December 10,2013 41. Supply agreement for pipe repair clamps Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for pipe repair clamps in accordance with Bid Invitation No. BI-0037-14 based on lowest responsible bid for an estimated annual expenditure of$223,313.50, of which $148,875.66 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013- 2014. This Motion was recommended to consent agenda 42. Purchase of emergency standby pump for the Wooldridge lift station Motion approving the purchase of one (1) emergency standby pump from Xylem Dewatering Solutions, Inc., dba Godwin Pumps, Bridgeport, New Jersey for a total amount of$162,989.32. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC). Funding is available in the FY 2013-2014 Wastewater System Fund. This Motion was recommended to consent agenda 43. Supply agreement for sodium bisulfite solution, a chemical used for dechlorination at the wastewater treatment plants Motion approving a supply agreement with Calabrian Corporation, Port Neches, Texas for approximately 1,973,368 pounds of sodium bisulfite solution for use at the Wastewater Treatment Plants in accordance with Bid Invitation No. BI-0065-14, based on lowest responsible bid for an estimated twelve month expenditure of$600,890.56 of which $400,593.68 is required for the remainder of FY 2013-2014.The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Wastewater Operations Budget in FY2013-2014. This Motion was recommended to consent agenda 44. Supply Agreement for reformulated gasoline and ultra-low sulfur diesel fuel Motion approving a supply agreement with Oil Patch Petroleum, Inc., Corpus Christi, Texas for reformulated gasoline and ultra-low sulfur diesel fuel in accordance with Bid Invitation No. BI-0030-14, based on lowest local bid for an estimated twelve month expenditure of Corpus Christi Page 20 Printed on 1211212013 City Council Meeting Minutes December 10,2013 $4,635,554.65 of which $3,090,369.77 is required for the remainder of FY 2013-2014.The term of the agreement will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the suppliers and the City Manager, or designee. Funds have been budgeted by Maintenance Services and the Aviation Department in FY 2013-2014. This Motion was recommended to consent agenda 45. Service agreement for installation, maintenance and repair of roadway illumination and traffic signals Motion approving a service agreement with Star Operations, Inc., Corpus Christi, Texas for installation, maintenance & repair of roadway illumination and traffic signals in accordance with Bid Invitation No. BI-0031-14 based on only bid for an estimated twelve-month expenditure of$529,591.00 of which $308,928.06 is required for the remainder of FY 2013-2014. The term of the service agreement will be for twelve-months with an option to extend for up to two additional twelve-month periods subject to the approval of the service provider and the City Manager or designee. Funds are available in the General Fund in FY 2013-2014. This Motion was recommended to consent agenda 46. Interlocal agreement for storage of supply trailer to be used in an emergency Resolution authorizing the City Manager or his designee, the Director of the Corpus Christi-Nueces County Health District ("Health District"), to execute an interlocal agreement between the Health District and Robstown Fire/EMS for the purpose of storing a trailer with supplies at a Robstown facility to be used in case of a natural or man-made emergency. This Resolution was recommended to consent agenda 47. Construction contract for Corpus Christi ship channel gas main crossing Motion authorizing the City Manager, or designee, to execute a construction contract with Alcott, Inc. dba TCH from Friendswood, Texas in the amount of$548,600, for Corpus Christi Ship Channel Gas Main Crossing for the base bid. This Motion was recommended to consent agenda 48. Construction contract for Americans with Disabilities Act(ADA) improvements in Community Development Block Grant (CDBG) areas from FY 2012 Corpus Christi Page 21 Printed on 1211212013 City Council Meeting Minutes December 10,2013 Motion authorizing the City Manager or designee to execute a Construction Contract with CAS Companies, LP of Corpus Christi, Texas in the amount of$228,552.06, for ADA Improvements in CDBG Areas for the Base Bid only. This Motion was recommended to consent agenda 49. Contribution-In-Aid-Of Construction agreement for relocating and raising a transmission line that crosses the sedimentation basin of Mary Rhodes Pipeline Phase 2 Motion approving a Contribution-In-Aid-Of-Construction Agreement with American Electric Power (AEP) Texas Central Company in the amount of$1,450,000.00 for raising AEP's 69 KV transmission line that crosses the sedimentation basin of Mary Rhodes Pipeline Phase 2 This Motion was recommended to consent agenda 51. Approval of the Street Preventive Maintenance Program Year One -Annual Work Plan Resolution approving the concepts, direction, and general work plan for the first year of the Street Preventative Maintenance Program (SPMP) -- the 2014 SPMP Work Plan (Year-1). This Resolution was recommended to regular agenda 52. Construction contracts for the citywide street and sealcoat indefinite delivery/indefinite quantity program -pilot program; amendment no. 2 to design contract; testing agreement Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, LP, dba, Bay LTD. in the amount of $6,147,094.05 for the Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity (IDIQ) Pilot Program for Total Base Bid #1; and to execute a construction contract with Haas Anderson Construction, Inc. in the amount of $11,920,961.00 for the Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity (IDIQ) Pilot Program for Total Base Bid #2; and to execute Amendment No. 2 to an engineering design contract with R.H. Shackelford, Inc. in the amount of $548,513.00 for a re-stated total fee of $743,360.00 for development of remaining pilot program delivery orders; and to execute a testing agreement with Rock Engineering and Testing Laboratory in the amount $73,099.00 for the Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program-Pilot Program for construction material testing. Corpus Christi Page 22 Printed on 1211212013 City Council Meeting Minutes December 10,2013 This Motion was recommended to regular agenda 53. Interlocal cooperation agreement with University of North Texas for air quality planning Resolution authorizing the City Manager or City Manager's designee to execute an Interlocal Cooperation Agreement with University of North Texas in the amount of $339,400 for an air quality research and planning program, which includes air quality monitoring and modeling projects, and development of an emissions inventory for the Nueces and San Patricio Counties area. This Resolution was recommended to consent agenda 54. Interlocal cooperation agreement with Texas A&M University - Corpus Christi for pollution prevention and air quality educational outreach Resolution authorizing the City Manager or City Manager's designee to execute an Interlocal Cooperation Agreement with Texas A&M University-Corpus Christi in the amount of$211,530 for the Pollution Prevention Partnership and educational outreach program, which includes small business assistance and public education on pollution prevention and air quality in Nueces and San Patricio Counties. This Resolution was recommended to consent agenda 55. Type A grant renewal for Del Mar Procurement Technical Assistance Center Resolution approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College Procurement Technical Assistance Center(PTAC) to provide grant up to $37,500 to assist small businesses. This Resolution was recommended to consent agenda 56. Agreement with Texas A&M University recognizing the City as a sub-recipient for a Federal grant for fiber connectivity to permit finalization of grant activities Motion authorizing the City Manager, or designee, to execute an agreement with Texas A&M University for an expenditure of $144,000.00 to replace disallowed in-kind funding for a BTOP (Broadband Technology Opportunity Program) federal grant awarded to Texas A&M University in the amount of$1,000,000.00 and to recognize the City as a sub-recipient for funding from that grant. This Motion was recommended to consent agenda Corpus Christi Page 23 Printed on 1211212013 City Council Meeting Minutes December 10,2013 57. Extending lease agreement for City Detention and Magistration Center Motion authorizing the City Manager, or designee, to execute an amendment to extend a lease agreement for two years with an option for three one year extensions, with Wilson Plaza Associates, L.P., for approximately 4,710 square feet at the Wilson Plaza Building, 606 N. Carancahua, Suite 113-A, for$6,086.97 monthly rental payment, to house the City Detention and Magistration Center. This Motion was recommended to consent agenda 58. Contract for collection of delinquent special assessments, demolitions, liens, and Risk Management claims Motion to authorize the City Manager or his designee to execute a contract for the collection of delinquent special assessments levied in connection with paving liens and liens filed under Chapter 342 of the Health and Safety Code (including demolition, clean-up, and mowing) and for the collection of Risk Management claims with Linebarger, Goggan, Blair & Sampson, LLP for a fee of 20% of principal and interest collected on delinquent accounts turned over to the law firm. This Motion was recommended to consent agenda Q. BRIEFINGS TO CITY COUNCIL: (ITEM 59) 59. Corpus Christi Convention &Visitors Bureau Semi-Annual Update Mayor Martinez referred to Item 59. Interim Executive Director of the Corpus Christi Convention and Visitors Bureau Paulette Kluge presented the semi-annual update for the CVB including the audit results for the financial and compliance review; performance on growth of occupancy, new rooms,and average daily rates; performance during peak and off peak season;the marketing calendar; the hospitality impact; and Dr. Lee's study for the CVB. Chairman of the CVB Board Michael Womack spoke regarding the transition plan during the search for a new executive director. Council members spoke regarding the following topics:the recommendations and changes made as a result of the audit; the terms of the CVB contract related to the performance incentive;opportunities for leveraging economic development package advertising and social media as part of televised events including the CC Challenge; the time period reflected in Dr. Lee's study; the year-to-date increase in Hotel Occupancy Tax(HOT) revenue;Schlitterbahn advertising; winter vacation packages;and the method used by organizations to put on an event for the CVB to showcase. R. BOARD APPEAL: (ITEM 60) 60. City Council consideration of an appeal by the City of the decision of Corpus Christi Page 24 Printed on 1211212013 City Council Meeting Minutes December 10,2013 the 558th Civil Service Board appeal hearing regarding Patrick Gonzales with possible action in the form of a denial of the City's appeal, or an order for further proceedings. Mayor Martinez referred to Item 60. City Manager Ron Olson stated that the purpose of this item is to request that the City Council consider an appeal of the Civil Service Board decision. Mr. Olson said that if the Council decides to deny the appeal,the proceedings will end. Mr. Olson added that if the Council decides to grant the appeal,the Council will need to set up a hearing next month to consider the facts on the case. City Manager Olson provided information on the background and findings of the case regarding Patrick Gonzales. Interim City Attorney Lisa Aguilar stated that the Council has the following two motions possible for consideration: 1)to deny the City's appeal (thereby Mr. Gonzales would continue his City employment; or 2)that facts have been presented which might justify reversal of the Civil Service Board decision and ordering further proceedings pursuant to Section 2-25 of the City Code of Ordinances. Ms Aguilar provided additional motion suggestions should the Council consider Option 2 and stated that no evidence will be considered that was not presented to the Civil Service Board. Mayor Martinez made a motion to find that facts have been presented which might justify reversal of the Civil Service Board decision and ordering further proceedings pursuant to Section 2-25 of the City Code of Ordinances, seconded by Council Member Scott(see motion and vote below). Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Nay: 1 - Council Member Leal Abstained: 0 Enactment No: M2013-182 In addition, Council Member Allen made a motion providing direction on the following three items related to the appeal, seconded by Council Member Loeb: 1. Motion to order a transcript of the proceedings to be provided to City Council by Monday December 16, 2013. 2. Motion to schedule further proceedings on January 14,2014 in order to allow council time to review the transcript. 3. Motion to declare that the further proceedings shall be conducted by consideration of written briefs of the parties,to be submitted to City Council no later than January 6,2014. Motions 1-3 were passed and approved with the following vote: Martinez, Allen, Garza, Leal, Loeb, Magill, McIntyre, Riojas,and Scott,voting "Aye". Corpus Christi Page 25 Printed on 1211212013 City Council Meeting Minutes December 10,2013 S. ADJOURNMENT The meeting was adjourned at 4:37 p.m. Corpus Christi Page 26 Printed on 1211212013 a. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION—One (1)vacancy with term to 12-31-16. DUTIES: To perform as an advisory board to the City Council and to investigate and recommend to the Council such projects as in its opinion would be advantageous to the future growth of the City and to assist the City in the establishment and location of industries. COMPOSITION: Seventeen (17) Directors, of which six (6) are designated by the City of Corpus Christi to represent the public sector; one of which shall be the Mayor of the City of Corpus Christi and another a Council member appointed by the Mayor. The remainder of the Board shall be comprised of not more than seven (7) Directors to represent the private sector elected by the Corporation's membership in accordance with its bylaws. Representing the public sector, two (2) shall be appointed by the Port of Corpus Christi Authority, and up to two (2) designated by any other governmental entities that each contribute at least $50,000 annually to the Corporation. The Board may also consist of such additional, non-voting, ex-officio Directors as determined by resolution. The directors shall serve not more than two, consecutive, three-year terms as provided in the Corporation's bylaws; provided that the term of office of any director who is a public official shall coincide with his or her term of public office. ORIGINAL MEMBERS TERM APPTD. DATE Sam Beecroft(City) 12-31-14 12-09-08 Art Granado (City) 12-31-15 12-15-09 Jerry Dewbre (City) 12-31-15 01-22-13 *Willard H. Hammonds,Jr. (City) 12-31-13 12-14-10 Rudy Garza(Mayor's Appt) (City) Term of Office,Voting 11-20-12 Mayor Nelda Martinez(City) Term of Office,Voting 11-20-12 Richard Borchard(Port Authority) 12-31-13 Robert Kostelnik(Port Authority) 12-31-14 Charlie Hicks (Membership) 12-31-13 Steve DeSutter(Membership) 12-31-14 Elizabeth Chu Richter(Membership) 12-31-15 Gabriel Guerra(Membership) 12-31-14 Johnna L. Jones CPA(Membership) 12-31-15 Steve Woener(Membership) 12-31-13 Garry Bradford(Mbrshp.) 12-31-14 Mayor David Krebs (Portland) Continuous,Voting Judge Terry Simpson(San Pat. Cnty) Continuous,Voting Judge Loyd Neal (Nueces Cnty) Ex-Officio,Non-voting City Manager Ronald L. Olson Ex-Officio,Non-voting Port Director John LaRue Ex-Officio,Non-voting Dr. Flavius Killebrew(TAMUCC) Ex-Officio,Non-voting Dr. Mark Escamilla(Del Mar) Ex-Officio,Non-voting Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Willard H. Hammonds, Jr. 10 7 70% OTHER INDIVIDUALS EXPRESSING INTEREST: Mike Munoz Project Manager, B.E. Beecroft Company, Inc. Received a BS in Construction from Texas A&M University-College Station. Activities include: Nueces County A&M Club (President Elect), and Leadership Corpus Christi - Class XLI. (8127113) se j2 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 10, 2013 Action Item for the City Council Meeting of December 17, 2013 DATE: November 22, 2013 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Motion to authorize the City Manager to renew electrical services contract CAPTION: Motion authorizing the City Manager to execute a Commercial Energy Sales Agreement for deliveries of electricity and necessary, related services at a fixed energy price per kilowatt hour (kWh) not to exceed the current contract rate for 2011-2013 plus standard delivery services charges effective January 1, 2014, for 48 months ending December 31, 2017, for certain electric accounts in the area served by Nueces Electric Cooperative. PURPOSE: Staff is asking the City Council to authorize the City Manager to renew a 48-month electric service contract with Champion Energy Services to provide electricity and related services to 193 City of Corpus Christi meters at a lower rate than the current expiring contract. Depending on the price locked in at the time the contract is executed (December 17, 2013), it could produce cost savings per kWh of up to 20 percent for the 193 meters. BACKGROUND AND FINDINGS: The City purchases electricity through the Texas Coalition for Affordable Power (TCAP). TCAP is a non-profit political subdivision corporation established by the 2010 merger of Cities Aggregation Power Project, Inc. ("CAPP") and South Texas Aggregation Project, Inc. ("STAP"), both created in 2001 to aggregate members' power needs in order to negotiate better electric prices for their members in the deregulated market. TCAP has over 165 political subdivision members that purchase approximately 1.4 billion kWh annually. The Texas Legislature authorized aggregation to empower political subdivisions of the state to use its combined power needs to negotiate lower or more stable electric prices from the deregulated, competitive market than an individual entity would likely be able to obtain on its own. Aggregation, according to TCAP, is essentially volume purchasing —which reduces risk and lowers transaction, operation, and advertising costs for retail electric providers. The savings generated by the arrangement are passed on to the aggregated load in the form of lower electric prices. TCAP is run by a voluntary 15-person board of directors is comprised of city officials and executives who meet on a quarterly basis. Interim City Attorney Alison Logan serves on the TCAP Board. In August 2010, the City of Corpus Christi executed a Commercial Energy Sales Agreement with Champion Energy Services to provide electricity to a group of 193 meters, mostly street lights and traffic signals as well as electric service for Solid Waste Department buildings and Wastewater Department lift stations, for a 40-month period that expires December 31, 2013. The current expiring electricity contract offers a locked-in price of $0.06812 kWh, which was considerably lower than the market price of approximately $0.087 kWh back in 2010 giving a significant annual savings to the City of Corpus Christi. The new 48-month contract will not have a price locked in until the date the City Council approves the new contract and it is signed by the City Manager (December 17, 2013). The locked in price would be set for the full 48 month period from January 1, 2014, through December 31, 2017. The City also has more than 600 meters in the AEP service area. The current electricity contract for these meters is with Direct Energy for a term of 60 months and expires on December 31, 2013. On December 7, 2010, the City authorized a blend and extend arrangement for these meters and entered into an additional Commercial Electric Service Agreement with GEXA Energy beginning on January 1, 2014, which covers 48 months and expires December 31, 2017. Only a small number of Retail Electric Providers service meters in the Nueces Electric Cooperative territory, which is the reason for the two separate contracts. ALTERNATIVES: The City Council has several options: 1. Approve authorization; 2. Disapprove authorization, 3. Request changes to the terms of the contract; 4. Solicit electric service from other providers. OTHER CONSIDERATIONS: The 48 month contract commits the City to purchase electricity at a set price from Champion Energy Services beyond Fiscal Year 2014 through Fiscal Years 2015, 20167 and 2017. CONFORMITY TO CITY POLICY: This conforms to Texas Utilities Code, the City's FY '14 Annual Business Plan, the City's Energy Management Plan, and the City's Sustainability Plan. EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTALCLEARANCES: Finance, Legal, General Services, and appropriate Assistant City Managers FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s) Comments: None RECOMMENDATION: Staff recommends approval of the contract authorization. LIST OF SUPPORTING DOCUMENTS: Champion Energy Services Commercial Energy Sales Agreement Redline Agreement Co 011 ail 0°�I a��l h U q m � h I.11 OF, Executing the Sales Agreement CHAMPION ENERGY SERVICESO Champion Energy Services,LLC 1500 Rankin Road,Suite 200 Houston,Texas 77073 Thank you for the opportunity to provide electricity to your company. We at Champion Energy sincerely appreciate your business. Ex.18;1y sll,qps "( 11 1II"11'i& c4I E11ii&, gy S1:11 �es exec i.11°'( II( II,1": ;11_ Provide the contact information for your company in the "Notices" section in Addendum "A" . An authorized representative of Buyer must sign where indicated on the signature page �. Initial or sign the Exhibits and Addendum page(s) where and as indicated 4. Sign the Letter of Agency (if applicable) 5. Attach the Sales and Use Tax Exemption Certificate (if applicable) 6. Scan and e-mail the executed Agreement to your Champion Energy Sales Originator. o�II�i1 .�ii�111�IIv iu II�iL �I��'�:Il�ii iu i,'; ��� ii v i�,°��° s "S� II I���,�i " �r� ii II 16�"` 11.m Immediately after receiving your signed and initialed Agreement, verify that all required information has been received and the Agreement is in good order . Hedge the power sold to you �. Counter sign and initial both executed original Agreements and return one original to you for your records. Version:Champion-CESA-TX State Package-052013 Page 1 of 9 Co 011 ail 0°�I a��l h U q m � h I.11 OF, Sales Agreement CHAMPION ENERGY SERVICESO This Commercial Energy Sales Agreement,together with all exhibits, addenda and/or schedules attached hereto or incorporated by reference (collectively, the "Agreement") is entered into and made by and between Champion Energy Services, LLC, (or its affiliate, Champion Energy, LLC)and the buyer of retail electricity(identified herein as"Buyer").Seller and Buyer may hereinafter be referred to individually as"Party" or collectively as"Parties". Regional requirements and terms, if applicable and capitalized herein will have the meaning ascribed to them herein or in any addendum or exhibit attached hereto. IIIIte F�)a foes terd)y agree Luau foIH omvs: 1. Purchase,Sale and Delivery of Electricity:Subject to the terms and described in Exhibit "C" will be passed-through to Buyer without conditions set forth herein, Seller, a licensed retail electricity markup and Buyer shall pay Seller for such costs and taxes. If Buyer's supplier ("RES"), shall sell and Buyer shall purchase and receive monthly aggregated Usage materially changes by greater or less than electricity for Buyer's Accounts and Meters as specified in Exhibit twenty-five percent (25%) from the Contract Quantities specified in "D" ("Buyer's Delivery Point(s)") at the price(s) per kilowatt hour Exhibit"A"or the Profile(as defined in Addendum A)assigned by the (kWh)specified on Exhibit"A"("Contract Price").The electricity will EDC to Buyer's Accounts and Meters changes, Seller may charge be delivered by Seller's supplier to the specific zone on the Buyer for all excess and under Usage as specified herein. To the transmission system ("Point of Delivery") as identified by the extent that Buyer's monthly aggregated Actual Usage exceeds the electric distribution company ("EDC" as further defined in Contract Quantity by more than 25%, Seller may invoice, and Buyer Addendum "A") operated by the independent system operator shall pay,the difference between the actual Usage and the Contract ("ISO" as further defined in Addendum "A"). Delivery of the Quantity at the Applicable Market Rate (as defined in Addendum electricity from the Point of Delivery within the zone for the "A"), plus retail margin,the costs identified on Exhibit "B",the costs appropriate Accounts and Meters corresponding to each Buyer identified on Exhibit "C" and any other similar charges incurred by Delivery Point will be made by the EDC. Exhibit A will also specify Seller.To the extent that Buyer's monthly aggregated actual Usage is those services, including without limitation scheduling less than the Contract Quantity by more than 25%, Seller may coordination, transmission, and ancillary services, if any, provided invoice,and Buyer shall pay,the difference between the actual Usage by Seller in connection with the supply of electricity to Buyer. and the Contract Quantity, multiplied by the difference between the 2. Metering: All electricity delivered hereunder ("Usage") shall be and Contract Price and the Applicable Market Rate (as defined in can only be, measured by the EDC at the meters located at each Addendum "A"). If applicable, any change in Peak Load Contribution Buyer Delivery Point. Actual Usage shall be the primary method of ("PLC")Values,as determined by the EDC and specified in Exhibit"A", calculating the monthly charges for Buyer. However, Seller may use resulting in an increase in transmission and capacity charges to Seller estimated Usage if measurements of actual Usage are not received during the Term of this Agreement will be passed through to Buyer at timely from the EDC, in which case Seller will make appropriate cost, without markup. For Buyer's Usage that is for a time period adjustments upon receipt of actual Usage.Seller may adjust invoices outside of the Term,Buyer will pay Seller in accordance with the Hold for any Usage measurement errors in accordance with EDC rules. Over Rate terms of Paragraph 7 below. If a broker or consultant was Seller cannot guarantee that the switch of Buyer's account(s)to Seller involved in this transaction, the fee or commission associated with will occur by a specific date and Seller shall not be liable for delays in such broker or consultant may be included in the Contract Price this process caused by the ISO, EDC or the Buyer. The Service Start charged to Buyer. Date shall be the date upon which a particular Account and Meter is 5. Billing& Payment: Buyer will make payment in accordance with the switched to Seller. The Service Start Date is typically the first Billing and Payment terms specified in Addendum "A". Where dual scheduled read date that occurs on or after the Start Date specified in billing is applicable,Buyer will receive a separate invoice from Buyer's Exhibit "A," unless an alternate date has been requested by Buyer EDC, and Buyer shall be solely responsible for payment of such and agreed to by Seller.If the EDC requires Buyer to install additional invoice. metering and/or related equipment at any service address,Buyer will 6. Blend and Extend Rate Adjustment and Term Modification Request: be solely responsible for all charges and arrangements required by At any time during the Term of this Agreement, Buyer may request the EDC. that the Term be extended or shortened and the Contract Price then 3. Term: This Agreement shall be effective as of signing of this in effect be modified to support this request. Upon receipt,if Buyer's Agreement by Buyer ("Effective Date") and shall continue in effect request is approved by Seller,Seller will use commercially reasonable thereafter as to each Buyer Delivery Point for the total number of efforts to present a blend and extend offer to Buyer reflecting a months (the "Term") specified in Exhibit "A" unless sooner revised new Term and Contract Price("Blend&Extend Offer"). Buyer terminated as otherwise provided in this Agreement. Seller is will be under no obligation to accept the Blend & Extend Offer obligated to begin flowing power on the first scheduled meter read presented by Seller. If Buyer rejects the Blend & Extend Offer, all date on or after the Start Date in Exhibit"A". terms, conditions and pricing as originally agreed upon under this 4. Pricing: Buyer acknowledges that the Contract Price (Exhibit "A°) Agreement will remain in effect for the remainder of the Term. If offered under this Agreement is based upon Buyer's Usage data for Buyer and Seller mutually agree on the Blend & Extend Offer made, its Accounts and Meters as shown on Exhibit A (the "Contract an amendment detailing the new Term and Contract Price will be Quantities"). Buyer will pay the Contract Price times the Usage.The drafted and executed by authorized representatives of the parties Contract Price per kWh includes electricity commodity charges and prior to becoming effective. the costs identified on Exhibit"B".The costs and all applicable taxes Version:Champion-CESA-TX State Package-052013 Page 2 of 9 7. Hold Over Rate: Hold Over Rate: For periods in which Usage occurs ISO,as applicable and as approved by the FERC,shall be considered a outside of the Term Seller may charge Buyer the cost or value of Regulatory Event. providing electricity to Buyer, based on the Applicable Market Rate 12.Confidentiality: Neither Party shall disclose, unless authorized in (as defined in Addendum"A")plus retail adder,the costs identified on writing by the other Party, the terms of this Agreement to a third Exhibit "B", if applicable, and any other similar charges incurred by party (other than the Party's affiliates, employees, lenders, counsel, Seller.The Applicable Market Rate excludes Exhibit"C" items,which consultants,accountants and other parties who have agreed to keep will be invoiced to Buyer at cost. Appropriate adjustments to the such terms confidential), except in order to comply with applicable foregoing amounts will be made for partial months. In the event law, order or regulation. Each Party shall notify the other Party services extend beyond the Term, Buyer's Accounts and Meters will immediately in writing of any proceeding of which it is aware which continue to be served under this Agreement except for any rate may result in disclosure.The Parties shall be entitled to all remedies differential per the above Hold Over Rate terms. available at law or in equity to enforce, or seek relief in connection 8. Disputed Amounts: If there is a good faith dispute regarding any with this Paragraph 12. invoice,Buyer will pay the lesser of either the undisputed amount of 13.Event of Default: The occurrence of any of the following shall be any invoice or the prior month's invoice in accordance with the Billing deemed an "Event of Default" under this Agreement: a) a and Payment terms and along with its payment, provide Seller with representation or warranty made by a Party to this Agreement documentation to support the amount disputed. The Parties will proves to have been false or misleading in any material respect attempt to expeditiously resolve the dispute and upon determination when made or ceases to remain true during the Term (excluding of the correct amount, any amount owed by Buyer to Seller shall be the Buyer-only representations and warranties in Paragraph 22, paid within ten (10) business days of resolution of the dispute with subsections (a), (b) and (c) regarding Contract Quantities and interest at the Interest Rate(as defined in Addendum A).All invoices Usage, which the Parties agree will not be a basis for an Event of are presumed final and accurate unless such invoices are objected to Default, if such representation was materially true and accurate by Buyer with written notice,including an adequate explanation and when made); (b)the failure of a Party to perform any covenant set supporting documentation of such dispute, being provided to Seller forth in this Agreement which is not excused by Force Majeure or within twenty four(24) months from the date that such invoice was cured within ten (10) business days after written notice of such is delivered to Buyer. In no event shall the disputed portion include a provided; (c) Buyer is late in the payment of two (2) or more dispute for any items set forth in Exhibit"C",including Taxes. invoices in any six(6)month period that is not cured within ten(10) 9. Performance Assurance: At Seller's request Buyer agrees to provide business days after notice thereof; (d) the failure of Buyer to Seller with required information, including pertinent financial provide Performance Assurance in accordance with Paragraph 9;(e) information necessary for Seller to assess Buyer's financial position. the failure of Buyer to utilize Seller as its sole supplier of electricity If,at any time during the Term of this Agreement,Seller determines for the Accounts and Meters specified on Exhibit "D" at any time in its reasonable discretion that Buyer's creditworthiness or ability to during the Term (including but not limited to a switch of Buyers perform under this Agreement has become unsatisfactory(including, electric service to another retail electric provider resulting in an but not limited to, Buyer's late payment of any amounts due under early termination of this Agreement); (f) a Party makes an this Agreement two or more times in any six month period), Seller assignment or any general arrangement for the benefit of creditors may require that Buyer provide collateral for its obligations in the or otherwise becomes bankrupt or insolvent; or (g) the EDC form of cash, letter(s) of credit, deposit, corporate or personal disconnects service to one or more of Buyer's Accounts and Meters guarantees or other security in a form and an amount reasonably as a result of Buyer's non-performance. Upon the occurrence of an acceptable to Seller ("Performance Assurance"). If Buyer fails to Event of Default, the Party not committing the Event of Default provide Performance Assurance within three (3) business days of ("Non-Defaulting Party") shall have the right to terminate this receipt of such notice by Seller,an Event of Default shall be deemed Agreement in accordance with the terms of Paragraph 14, to have occurred and Seller shall be entitled to any and all remedies Termination and Remedies in the Event of Default,in addition to all set forth in this Agreement. other rights and remedies available hereunder. 10.Assignment and Binding Effect: Neither Party may assign this 14.Termination and Remedies in the Event of Default: Where there Agreement or any of its rights or obligations under this Agreement exists an Event of Default, the Non-Defaulting Party shall have the without the express written consent of the other Party, which right to terminate this Agreement upon written notice being consent shall not be unreasonably withheld. Notwithstanding the provided to the Defaulting Party (a "Termination"). In the event of above, Seller may, without the consent of Buyer, (a) assign this such Termination, the Non-Defaulting Party shall be entitled to Agreement to any affiliate or to any party succeeding to a substantial receive an amount (the "Settlement Amount") equal to the portion of the assets of Seller,or(b) pledge or otherwise collaterally Replacement Value (as defined below) of this Agreement. For assign its rights under this Agreement to any entity providing purposes hereof,: (a) "Replacement Value" for Seller (as Non- extensions of credit to Seller.Any successor or assignee of the rights Defaulting Party) shall mean [Contract Value plus Costs] minus of either Party shall be subject to all the provisions and conditions of Market Value,so long as the Contract Value plus Costs is greater than this Agreement to the same extent as though such successor or Market Value and "Replacement Value"for Buyer(as Non-Defaulting assignee were the original Party under this Agreement. Any Party) shall mean the positive amount, if any, by which the Market assignment in violation of this Paragraph 10 shall be void. Value plus Costs exceeds the Contract Value; (b) "Contract Value" 11. Regulatory Events: If there is a change in law, administrative means the price for the Remaining Volume as set forth in the regulation, tariff, rule, ISO design or structure or other event, applicable Exhibit; (c) "Market Value" means the amount, as including but not limited to an order,judicial decision, statute, or a determined by the Non-Defaulting Party as of the effective date of change in an interpretation or application of any of the foregoing the termination in accordance with this Section 14 that a bona fide (collectively,a "Regulatory Event")and such Regulatory Event causes third party would pay for the Remaining Volume at current market Seller to incur any capital, operating, commodity or other costs, prices; (d) "Remaining Volume" shall mean the remaining including,but not limited to increased Taxes,relating to the provision unpurchased quantity of electricity through the end of the applicable of services contemplated herein, Seller shall be permitted to pass Term for Buyer's Accounts and Meters corresponding to Buyer's through the economic effects of such Regulatory Event to Buyer at Delivery Point(s) serviced under this Agreement and specified on cost and without markup. For the avoidance of doubt,an increase in Exhibit "D"; and (e) "Costs" mean transaction costs and expenses the rate for Network Integration Transmission Service by the EDC or reasonably incurred by, or on behalf of, the Non-Defaulting Party in Version:Champion-CESA-TX State Package-052013 Page 3 of 9 terminating, liquidating, or obtaining any arrangement pursuant to out of any event, circumstance, act or incident occurring or existing which it has hedged its obligations, or, in which it must secure with respect to the energy provided pursuant to this Agreement, alternative electricity supply, including attorneys' fees, reasonable while control and title to the energy is vested in the indemnifying expenses and costs, if any, incurred in connection with enforcing its Party. This provision survives the termination or expiration of this rights under this Agreement. In determining "Market Value", the Agreement. Non-Defaulting Party may consider, among other things, quotations 18. Limitation of Remedies, Liability, Damages & Disclaimer of from leading dealers in the wholesale energy industry, the Non- Warranties: FOR BREACH OF ANY PROVISION FOR WHICH AN Defaulting Party's internally developed forward price valuations, and EXPRESS REMEDY IS PROVIDED,SUCH EXPRESS REMEDY WILL BE THE other bona fide offers from either third parties or Affiliates of the SOLE AND EXCLUSIVE REMEDY.IF NO EXPRESS REMEDY IS PROVIDED, Non-Defaulting Party, all as commercially available to the Non- A PARTY'S LIABILITY WILL BE LIMITED TO DIRECT ACTUAL DAMAGES Defaulting Party and adjusted for the length of the remaining Term ONLY. NEITHER PARTY WILL BE LIABLE FOR CONSEQUENTIAL, and differences in transmissions costs,volume, and other factors, as INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST the Non-Defaulting Party reasonably determines. Payment shall be PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY due from the Defaulting Party within five(5)days of receipt of invoice STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY from the Non-Defaulting Party. The Parties hereby agree that they PROVISION OR OTHERWISE. THE PARTIES INTEND THAT THE shall discharge mutual debts and payment obligations due and owing LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF to each other arising from this Agreement through netting, in which DAMAGES BE WITHOUT REGARD TO THE CAUSES RELATED THERETO case all amounts owed by each Party to the other Party shall be INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH netted so that only the excess amount remaining due shall be paid by NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR the owing Party.The Parties expressly acknowledge that upon an PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID Event of Default, damages would be difficult to ascertain and HEREUNDER ARE CHARACTERIZED OR DEEMED TO BE LIQUIDATED quantify and agree that this provision for calculating damages is DAMAGES, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE reasonable in light of the anticipated or actual harm and is not a DIFFICULT OR IMPOSSIBLE TO DETERMINE, OBTAINING AN penalty. ADEQUATE REMEDY IS INCONVENIENT AND THE LIQUIDATED 15. Force Majeure: Except with regard to a party's obligation to make DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE payment due hereunder,if either Party is rendered unable,wholly or HARM OR LOSS. EXCEPT FOR THE REPRESENTATIONS AND in part, to perform its physical obligations under this Agreement WARRANTIES SET FORTH IN PARAGRAPH 22, SELLEREXPRESSLY (including but not limited to the delivery or receipt of electricity DISCLAIMS AND MAKES NO WARRANTIES, WHETHER WRITTEN OR hereunder) due to Force Majeure, the obligations of each Party will ORAL, WITH RESPECT TO THE ELECTRICITY SUPPLIED UNDER THIS be suspended for the duration of any inability to perform for up to AGREEMENT, INCLUDING EXPRESS, IMPLIED OR STATUTORY twenty (20) consecutive days. A Party claiming Force Majeure (the WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR "Claiming Party") will notify the other Party ("Non-Claiming Party") PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY by written confirmation as soon as practicable,describing the nature, CONTAINED IN THIS AGREEMENT, THE LIMITATIONS SET FORTH IN and estimated duration of such inability to perform. The cause of THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR EARLY such inability to perform will be remedied with all reasonable TERMINATION OF THIS AGREEMENT. FURTHER, IT IS UNDERSTOOD dispatch."Force Majeure"means any event or occurrence(including, THAT SELLER SHALL NOT BE LIABLE FOR MATTERS WITHIN THE but not limited to"Acts of God")that is beyond the control of a Party CONTROL OF THE EDC OR THE ISO, WHICH MAY RESULT FROM THE and that:(a)is not the result of the negligence of the Claiming Party; MAINTENANCE OR OPERATION OF ELECTRIC LINES AND SYSTEMS. and(b)which, by the exercise of due diligence,the Claiming Party is 19. No Third Party Beneficiaries; Relationship of the Parties:There are unable to avoid or cause to be avoided.Force Majeure shall include,a no third party beneficiaries to this Agreement.Seller and Buyer agree condition resulting in the curtailment or disruption of firm electricity that nothing in this Agreement shall be construed to constitute or supply or the transmission on the electric transmission and/or imply a joint venture, partnership or association or the creation or distribution system, including a Force Majeure event experienced by existence of any fiduciary duty, or similar obligation or liability any utility, EDC, ISO or governmental agency. A claim of Force between Seller and the Buyer. Seller will not provide, and nothing Majeure may not be based on: (a) Buyer's inability to economically herein will be construed as the provision of, advice regarding the use electricity purchased under this Agreement; (b) Buyer's election value or the advisability of trading in "commodity interests" which to close, sell, abandon or materially curtail or discontinue operation would cause Seller or an affiliate to be considered a commodity of Buyer's facilities due to any economic circumstance; (c) a Party's trading advisor under the Commodity Exchange Act,7 U.S.C.§§1-25, inability to acquire electricity at a particular price; or (d) Seller's et seq.,as amended. ability to sell electricity at a price above the Contract Price. Force Majeure shall not excuse Buyer's failure to make payments in a 20.Taxes: Buyer will be responsible for, pay, and indemnify Seller for all timely manner for electricity supplied by Seller before a Force Taxes,whether imposed on Buyer or Seller with respect to the sale, Majeure event or during a Force Majeure event provided the delivery and purchase of electricity. Seller may collect such Taxes electricity is delivered and received pursuant to the terms of this from Buyer by invoicing Buyer for the amount of such Taxes. If Agreement and any effective Exhibit. applicable, Buyer will provide all requested sales and use exemption 16. Forward Contract: The Parties acknowledge and agree that this certificates and information and until provided, Seller will not Agreement and the transaction(s) contemplated under this recognize any exemption. "Taxes" shall mean without limitation, all Agreement constitute a"forward contract"within the meaning of the ad valorem, property, occupation, utility, gross receipts, sales, use, United States Bankruptcy Code, and the Parties further acknowledge franchise, assessment fees, excise and other taxes, governmental and agree that each Party is a"forward contract merchant"within the charges, emission allowance costs, licenses, permits and meaning of the United States Bankruptcy Code. assessments, and any such similar taxes other than taxes levied on net income,net worth or Seller's real or personal property. 17. Indemnification: To the extent allowed by law, each Party will 21. UCC: Except as otherwise provided in the Agreement, the Uniform indemnify, defend and hold harmless the other Party, its officers, Commercial Code ("UCC") or such similar collection of statutory agents,and employees from any claims,damages and actions of any provisions as may have been adopted and are in effect in the Delivery kind arising from personal injury(including without limitation,death), State(as defined in Addendum"A")shall apply to this Agreement and tangible property damage or loss and/or lost profits arising from or electricity shall be a"good"for purposes of the UCC. Version:Champion-CESA-TX State Package-052013 Page 4 of 9 22. Representations and Warranties: As of the Effective Date hereof, 27. Notices: All notices required or permitted to be given under this each Party represents and warrants to the other that: (a) it is duly Agreement shall be in writing and may be sent by facsimile or organized, validly existing and in good standing both in the mutually acceptable electronic means, overnight courier, first class jurisdiction of its formation and in the jurisdiction where the mail or hand delivered.The addresses of the Parties for such notices facility(ies) receiving electricity under this Agreement are located;(b) are set forth in Addendum"A". it has all regulatory authorizations,permits and licenses necessary for 28 Authorization of Data: Buyer shall, if necessary and as appropriate, it to legally perform its obligations under this Agreement; (c) it has not filed, does not plan to file, or had any bankruptcy proceeding designate Seller to the ISO and/or EDC as an authorized recipient of filed against it; (d) it has reviewed and understands this Agreement Buyer's current and historical electricity billing and usage data. and the execution, delivery and performance of this Agreement has 29. Requirements Service:To the extent that Buyer operates health care been duly authorized and is a valid and enforceable obligation; and or other facilities for which it maintains emergency generators,use of (e)it is not a party to or subject to any commitment that may restrict such generators in an outage or Force Majeure situation or for or interfere with the delivery or receipt of electricity under this required testing purposes for limited periods is allowed. Agreement. Buyer further represents to Seller during the Term that: 30. Non-Appropriation: Buyer intends to make all required contract (a)it intends to operate its business in substantially the same manner payments for the full term of this Agreement, however, Buyer and as it has in the previous 12 months and that the Contract Quantities Seller agree that if Buyer's governing body is not able to appropriate and, if applicable, its current PLC Values or peak load reasonably sufficient funds and has no other legally available funds to continue reflect Buyer's anticipated consumption; (b) it understands Seller is the purchase of electricity covered by the Agreement, Buyer may relying on this representation to purchase products and services (in terminate this Agreement at the end of Buyer's fiscal year affected quantities that closely resemble Buyer's consumption pattern of the thereby, by giving written notice to Seller to that effect, and as of previous 12 months) from third parties to serve Buyer's electricity Buyer's termination date,Seller shall have no further duty to supply requirements for the Term of this Agreement; (c)it understands that electricity to Buyer. Buyer agrees to notify Seller in writing of such if it operates its meter(s) inconsistent with its usual and customary non-appropriation at the earliest practicable time subsequent to the manner it may cause material detrimental financial impact to Seller failure to appropriate. and that Seller will pass along the impact of such changed consumption to Buyer; (d) the information provided concerning its Accounts and Meters is true and correct;(e)any transactions entered into by Buyer related to this Agreement are understood by Buyer and made at Buyer's sole election in the exercise of independent judgment and Buyer assumes any risk associated with them;and(f)it is purchasing commercial energy strictly for its own use and throughout the term of this Agreement that no Accounts and Meters at Buyer's Delivery Point(s) listed on Exhibit "D" are or will be classified by the applicable Public Utility Commission as a residential or small business account. 23.Governing Law; Counterparts: This Agreement will be interpreted in accordance with the substantive and procedural laws of the State of Texas without giving effect to laws and rules governing conflicts of laws.This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed and be deemed binding through the use of facsimile signatures. 24.Severability:If any provision of this Agreement is held to be invalid, its invalidity shall not affect the validity of any other provision of the Agreement. 25.Survival of Obligations: All confidentiality, indemnity, liability limitation, disclaimer provisions and the rights and obligations that, by their nature, would continue beyond the termination, cancellation, or expiration of this Agreement, shall survive such termination,cancellation or expiration. 26. Entirety of Agreement;Modification:It is the intention of the Parties that this Agreement, together with all exhibits, addenda and/or schedules attached hereto or incorporated by reference(collectively, the "Agreement")shall contain all terms, conditions and protections in any way related to or arising out of,the sale and purchase of the electricity, and supersedes, for the Term, all prior agreements between the Parties, whether written or oral, as to the terms specified herein.This Agreement may not be modified or amended except in a written form that is subsequently duly executed by the Parties hereto. No amendment or modification shall be made to this Agreement by course of performance, course of dealing or consumption of trade, or by the failure of a Party to object to a deviation from the terms of this Agreement. Version:Champion-CESA-TX State Package-052013 Page 5 of 9 Buyer understands that by executing this Agreement, Seller will be provided certain basic information about Buyer by the EDC, including, but not limited to, account number, data about meter readings, rate class and electric usage, Buyer's address(es) and telephone number and whether or not Buyer is on a budget billing plan or payment arrangement. Each party to this Agreement represents and warrants that it has full and complete authority to enter into and perform this Agreement and that such party will be bound thereby. This Agreement, including all Exhibits and Addenda attached hereto and referenced herein, sets forth all understandings between the parties with respect to the purchase and sale of electricity and any prior agreements, contracts, understandings and representations,whether oral or written, relating to the purchase and sale of electricity are merged into and superseded by this Agreement.This Agreement may be amended only by a written document executed by authorized representatives of both parties to this Agreement. IN WITNESS WHEREOF,the Parties, by their respective duly authorized representatives, have executed this Agreement effective as of the Effective Date.This Agreement will not become effective as to either Party unless and until executed by both Parties. Seller: Champion Energy Services, LLC (or its affiliate, Buyer: Champion Energy LLC) 12/3/2013 (Signature) (Date) (Signature) (Date) (Name) (Name) Authorized Signatory (Title) (Title) Version:Champion-CESA-TX State Package-052013 Page 6 of 9 Co i�i �i� III �i�i �i� lw IIIllll„ iii "" �� to ip 0011 r 0011 r Uth DUUnp mu a 1X111 El Ilir �tll'I I�. CHAMPION Sales Agreement—Addendum A ENERGY SERVICESO Texas Champion Energy Services,LLC 1500 Rankin Road,Suite 200 Houston,Texas 77073 ( .i e i t,,,i ii ir�rl to the Commercial Energy Sales Agreement dated as of 121312013, between Champion Energy Services, LLC ("Seller"), and ("Buyer"). a ..11..n, �.:�)el ii'o s: The following terms shall have the meanings set forth below when used in the Agreement or in this Addendum. "Accounts and Meters"means Buyer's Electric Service Identifier(s)or ESI ID(s)which is a unique number in the ERCOT market given to a Buyer's Delivery Point(s). "Applicable Market Rate"means ERCOT's applicable Real Time Nodal Load Zone LMP Price. "Delivery Point Change Criteria"means the Forecasted Usage of Buyer or the profile or area/zone that served as the basis for Seller's determination of the initial Contract Price. "Delivery State"means the State of Texas. "EDC"means the applicable local transmission and distribution service provider("TDU"). "ISO"means the Electric Reliability Council of Texas("ERCOT-). "Profile"means load profile. "PUC"means the Public Utility Commission of Texas("PUCT"). "RES"means a retail electric provider. ir,.,,�i. n, a�ii @.=ii ii 11 ° II I� J,4 ii it°y)rug n (a) Metering:Seller may adjust invoices for any Usage measurement errors in accordance with TDU rules. (b) Pricing:A Contract Price specified on Exhibit"A"as a Real Time LMP Rate shall mean the Buyer's price per kWh will be the weighted average Nodal as published by ERCOT for the billing period plus the LMP Adder.The LMP Adder is inclusive of all non-utility charges including ancillary services,congestion,losses,unaccounted for energy,qualified scheduling entity("QSE")fees and other ERCOT ISO charges or administrative fees incurred in connection with the delivery of energy. (c) Billing&Payment:Seller will invoice Buyer the total amount due for electricity delivered to Buyer during each month according to Seller's regular billing cycle.Such invoice shall also include all applicable Taxes,TDU Charges and other charges allowed pursuant to this Agreement.Payment shall be due within sixteen(16)days after the applicable invoice date.All past due invoices will incur a late payment charge of 5%of the invoice amount and the outstanding balance will accrue interest at the lesser of 1%per month or the maximum amount allowable by law(the"Interest Rate").Seller charges$25.00 for each returned check or each ACH.Buyer shall be responsible for any and all costs,attorney and legal fees incurred by Seller for the collection of any outstanding balance owed by Buyer. (d) Repair Services:Seller consents to Buyer directly instructing the TDU to perform repair services and Seller shall invoice Buyer for the actual costs billed to Seller by the TDU for the performance of such repair services. (e) Buyer Protection Rules:Buyer and Seller acknowledge and agree that the Buyer Protection Rules enacted by the PUC(Substantive Rules, Section 25,Subchapter R),that were written to protect residential and very small commercial consumers,do not apply to this Agreement.If there is any conflict between the Buyer Protection Rules and this Agreement,the Parties acknowledge that this Agreement will control. Version:Champion-CESA-TX State Package-052013 Page 7 of 9 (f) No On-Site Buyer Generation:The Contract Price for the Term specified herein is conditioned on Buyer's warranty that,as to the Buyer's Delivery Point(s)at the Service Address(es)listed on Exhibit D,(i)Buyer does not own any on-site generation(except for emergency back- up generation used when the EDC is not capable of delivering energy)or thermal storage capabilities("On-Site Energy Generation")and (ii)if Buyer,at any time during the Term of this Agreement,intends to purchase On-Site Energy Generation equipment or commence operations in furtherance of On-Site Energy Generation and related services,Buyer will provide Champion with a minimum of sixty(60) days prior written notice. Buyer acknowledges and understands that the use of On-Site Energy Generation during the Term of this Agreement will materially impact both the historical consumption data relied upon by Seller in entering into this Agreement and Buyer's Usage for the remainder of the Term and therefore,use of such On-Site Energy Generation without Seller's written consent is a material breach of this Agreement. (g) Texas Prompt Payment Act Terms: In accordance with the Texas Prompt Payment Act,if Buyer qualifies as a governmental entity(See Texas Government Code,Chapter 2251),payment is due Champion thirty(30)days from the date the electricity is delivered or a correct invoice is received,whichever is the later of the two.If Buyer,in good faith,disputes a payment,Buyer must notify Champion of an error in an invoice submitted for payment by Champion not later than the 21st day after the date Buyer receives the invoice.If the dispute is resolved in favor of Champion,then Champion is entitled to receive interest on the unpaid balance of the invoice beginning on the date the payment for the invoice is overdue.A payment is considered overdue beginning the 31st day(from the date the electricity was delivered or a correct invoice is received,whichever is the later of the two).If the dispute is resolved in favor of the Buyer,Champion shall submit a corrected invoice that must be paid in accordance with Section 2251.021. The unpaid balance accrues interest as provided by this chapter if the corrected invoice is not paid by the appropriate date.The rate of interest used to calculate the interest amount due,is the rate in effect on September 1st of the fiscal year in which the payment becomes overdue.The interest calculation is one percentage point higher than the prime rate published in the Wall Street Journal on the first business day of July of the preceding fiscal year. (h) Champion Energy Services,LLC is licensed by the Public Utility Commission of Texas,license number 10098. Buyer's Notice—Addendum Champion Energy Notices Contract Issues Invoicing Attention: Contract Manager Address: 1500 Rankin Road, Suite 200 City,State,Zip: Houston,Texas 77073 Telephone: 281.653.5090 Facsimile: 281.653.1810 E-mail: Please e-mail your Champion Energy Sales Representative Federal Tax ID: 20-1466960 Invoice Type: ❑One summary bill to be sent to the Billing Address. ❑ Individual bills per account,to be sent to the Billing Address. ❑ Individual bills per account,to be sent to the Respective Service Address. Invoice Delivery Method: ❑ E-mail bill delivery ❑ Mail bill delivery Tax Exemption Notice: If Seller does not receive the proper tax exemption documentation within thirty(30) days of enrollment date, Buyer must petition the Delivery State for any tax refunds due. Buyer's Delivery Points are not tax exempt (Initials) Buyer's Delivery Points are tax exempt (Initials) Version:Champion-CESA-TX State Package-052013 Page 8 of 9 IN WITNESS WHEREOF,the Parties, by their respective duly authorized representatives, have executed this Agreement effective as of the Effective Date.This Agreement will not become effective as to either Party unless and until executed by both Parties. Buyer: Seller: Champion Energy Services, LLC 12/3/2013 (Signature) (Date) (Signature) (Date) (Name) (Name) Authorized Signatory (Title) (Title) C )iir t Z:i( 11' r a ii ii11 Champion Energy Services, LLC 1500 Rankin Road,Suite 200 Houston,TX 77073 Phone: 281.653.5090 Toll-free:877.653.5090 Website:www.championenergyservices.com E-mail: support @championenergyservices.com Champion Energy is licensed by the Texas Public Utility Commission as a REP to offer and supply electric generation services in Texas.Champion Energy's license number is 10098. Public Utility Commission of Texas PO Box 13326 Austin,Texas 78711-3326 Toll Free:1.888.782.8477 Fax: 512.936.7003 TTY: 512.936.7136 E-mail: customer@puc.state.tx.us Website:www.puc.state.tx.us Customer Protection Division:512.936.7120 For Emergencies, Outages and Equipment Service, call your respective TDU ("Poles&Wires" company) below. CenterPoint Energy,Inc. Houston and surrounding areas Service: 800.332.7143 Outages:800.332.7143 Website:www.centerpointenergy.com Oncor TNMP Dallas—Fort Worth and West Texas South Central Coast For West and North Texas Service: 888.313.6862 Service: 888.866.7456 Outages:888.313.4747 Outages:888.866.7456 Website:www.oncor.com Website:www.tnmp.com AEP Texas Central,South and West Texas Service: 877.373.4858 Outages:866.223.8508 Website:www.aeptexas.com Version:Champion-CESA-TX State Package-052013 Page 9 of 9 EIII 1111 i gym'rI g y Mr al Executing the Sales Agreement CHAMPION ENERGY SERVICES' Champion Energy Services,LLC 1500 Rankin Road,Suite 200 Houston,Texas 77073 Thank you for the opportunity to provide electricity to your company. We at Champion Energy sincerely appreciate your business. 1. Provide the contact information for your company in the"Notices"section in Addendum "A" 2 An authorized representative of Buyer must sign where indicated on the signature page 3 Initial or sign the Exhibits and Addendum page(s)where and as indicated 4 Sign the Letter of Agency(if applicable) !3 Attach the Sales and Use Tax Exemption Certificate (if applicable) 6 Scan and e-mail the executed Agreement to your Champion Energy Sales Originator. 1E'111 gy se il,Va c E:�,; ("S e II II e il`) v If IIII: 1. Immediately after receiving your signed and initialed Agreement,verify that all required information has been received and the Agreement is in good order 2 Hedge the power sold to you 3 Counter sign and initial both executed original Agreements and return one original to you for your records. Version:Champion-CESA-TX State Package-052013 RELINE Page 1 of 9 EnerI g y Sales Agreement CHAMPION ENERGY SERVICES- This Commercial Energy Sales Agreement,together with all exhibits,addenda and/or schedules attached hereto or incorporated by reference (collectively,the"Agreement")is entered into and made by and between Champion Energy Services,L-C,(or its affiliate,Champion Energy, LLC)and the buyer of retail electricity(identified herein as"Buyer').Seller and Buyer may hereinafter be referred to individually as"Party"or collectively as"Parties".Regional requirements and terms,if applicable and capitalized herein will have the meaning ascribed to them herein or in any addendum or exhibit attached hereto. Tillie f�,airties wl°eIlw agiree as fw:wllliom(s 1. Purchase,Sale and Delivery of Electricity:Subject to the terms and wenty-five percent(25!}from the Contract Quantities specified in conditions set forth herein, Seller, a licensed retail electricity Exhibit A"or the Profile(as defined in Addendum A}assigned by the supplier("RES"), shall sell and Buyer shall purchase and receive EDC to Buyer's Accounts and Meters changes, Seller may charge electricity for Buyer's Accounts and Meters as specified in Exhibit Buyer for all excess and under Usage as specified herein. To the "D" ("Buyer's Delivery Point(s)")at the price(s) per kilowatt hour extent that Buyer's monthly aggregated Actual Usage exceeds the (kWh)specified on Exhibit`A"("Contract Price").The electricity will Contract Quantity by more than 25l,Seller may invoice,and Buyer be delivered by Seller's supplier to the specific zone on the shall pav,the difference between the actual Usage and the Contract transmission system ("Point of Delivery") as identified by the Quant y at the Applicable Market Rate (as defined in Addendum electric distribution company ("EDC" as further defined in A"),plus retail margin,the costs identified on Exhibit"B",the costs Addendum `A") operated by the independent system operator dentified on Exhibit"C"and any other similar charges incurred by ("ISO" as further defined in Addendum "A"). Delivery of the Seller.To the extent that Buyer's monthly aggregated actual Usage is electricity from the Point of Delivery within the zone for the less than the Contract Quantity by more than 25l, Seller may appropriate Accounts and Meters corresponding to each Buyer nvoice,and Buyer shall pav,the difference between the actual Usage Delivery Point will be made by the EDC.Exhibit A will also specify and the Contract Quantity,multiplied bV the difference between the those services, including without limitation scheduling Contract Price and the Applicable Market Rate (as defined in coordination,transmission,and ancillary services,if any,provided Addendum`A").If applicable,any change in Peak Load Contribution by Seller in connection with the supply of electricity to Buyer. ("PLC"1 Values.as determined by the EDC and specified in Exhibit`A", 2. Metering:All electricity delivered hereunder("Usage')shall be and resuRing in an increase in transmission and capacity charges to Seller can only be, measured by the EDC at the meters located at each during the Term of this Agreement will be passed through to Buyer at Buyer Delivery Point.Actual Usage shall be the primary method of cost.without markuo� ad€ calculating the monthly charges for Buyer.However,Seller may use estimated Usage if measurements of actual Usage are not received K spe g g timely from the EDC, in which case Seller will make appropriate ,�r-x.^ adjustments upon receipt of actual Usage.Seller may adjust invoices ue4a �min for any Usage measurement errors in accordance with EDC rules. Seller cannot guarantee that the switch of Buyer's accounts)to Seller will occur by a specific date and Seller shall not be liable for delays in " ".,W For Buyer's Usage that is for a time period outside of the this process caused by the ISO,EDC or the Buyer.The Service Start Term,Buyer will pay Seller in accordance with the Hold Over Rate Date shall be the date upon which a particular Account and Meter is terms of Paragraph 7 below.If a broker or consultant was involved in switched to Seller. The Service Start Date is typically the first this transaction,the fee or commission associated with such broker scheduled read date that occurs on or after the Start Date specified in or consultant may be included in the Contract Price charged to Buyer. Exhibit`A;' unless an alternate date has been requested by Buyer and agreed to by Seller.If the EDC requires Buyer to install additional 5. Billing&Payment:Buyer will make payment in accordance with the metering and/or related equipment at any service address,Buyer will Billing and Payment terms specified in Addendum `A".Where dual be solely responsible for all charges and arrangements required by billing is applicable,Buyer will receive a separate invoice from Buyer's the EDC. EDC, and Buyer shall be solely responsible for payment of such 3. Term: This Agreement shall be effective as of signing of this invoice. Agreement by Buyer("Effective Date")and shall continue in effect 6. Blend and Extend Rate Adjustment and Term Modification Request: thereafter as to each Buyer Delivery Point for the total number of At any time during the Term of this Agreement,Buyer may request months (the "Term") specified in Exhibit `A" unless sooner that the Term be extended or shortened and the Contract Price then terminated as otherwise provided in this Agreement. Seller is in effect be modified to support this request. Upon receipt,if Buyer's obligated to begin flowing power on the first scheduled meter read request is approved by Seller,Seller will use commercially reasonable date on or after the Start Date in Exhibit"A". efforts to present a blend and extend offer to Buyer reflecting a 4. Pricing: Buyer will pay the Contract Price times the Usage. The revised new Term and Contract Price("Blend&Extend Offer"). Buyer Contract Price per kWh includes electricity commodity charges and will be under no obligation to accept the Blend & Extend Offer the costs identified on Exhibit"B".The costs and all applicable taxes presented by Seller. If Buyer rejects the Blend & Extend Offer, all described in Exhibit "C" will be passed-through to Buyer without terms,conditions and pricing as originally agreed upon under this markup and Buyer shall pay Seller for such costs and taxes.If Buyer's Agreement will remain in effect for the remainder of the Term. If monthly aggregated Usage materially changes by greater or less than Buyer and Seller mutually agree on the Blend&Extend Offer made, Version:Champion-CESA-TX State Package-052013 REDLINE Page 2 of 9 an amendment detailing the new Term and Contract Price will be including,but not limited to increased Taxes,relating to the provision drafted and executed by authorized representatives of the parties of services contemplated herein, Seller shall be permitted to pass prior to becoming effective. through the economic effects of such Regulatory Event to Buyer at 7. Hold Over Rate:Hold Over Rate:For periods in which Usage occurs cost and without markup.For the avoidance of doubt,an increase in outside of the Term Seller may charge Buyer the cost or value of the rate for Network Integration Transmission Service by the EDC or providing electricity to Buyer,based on the Applicable Market Rate ISO,as applicable and as approved by the FERC,shall be considered a (as defined in Addendum"A")plus retail adder,the costs identified on Regulatory Event. Exhibit"B",if applicable,and any other similar charges incurred by P r „.• r.... PlekheF Paky shall dis lee ..ess . AF'. „d ._ Seller.The Applicable Market Rate excludes Exhibit"C"items,which WFitiAg by*he etheF Paky,the*^F—S of this AgFeemen*to A*hiFd will be invoiced to Buyer at cost. Appropriate adjustments to the paky(etheF than the P,_y', 4diates emple ee Ienderr -s^' foregoing amounts will be made for partial months. In the event _sukan* ae and etheF ..tries whe have agFee'te keep services extend beyond the Term,Buyer's Accounts and Meters will A_'Ph*PFFRA Ppnfoden, i," exeept in eFdeF to eempl y with applicable continue to be served under this Agreement except for any rate law, eFdeF eF Fegulatien. Eaeh Paky `'tea" netify the etheF Paky differential perthe above Hold Over Rate terms. immediately'-WFitiAg of any PFeeeeding of which'*k ay.,4FP'_VhiPti ..I*in.J:SnlAA_1F.. Then AhAll 1..... :*'Pd* All. ..diPA 8. Disputed Amounts: If there is a good faith dispute regarding any ,�i,tii ,+�,., f ,, c v, r f. invoice,Buyer will pay the lesser of eitherthe undisputed amount of with*b, F i @961ky t9 any invoice orthe prior month's invoice in accordance with the Billing and Payment terms and along with its payment,provide Seller with A&„N,,,", Event of Default:The occurrence of any of the following shall documentation to support the amount disputed. The Parties will be deemed an "Event of Default" under this Agreement: a) a attempt to expeditiously resolve the dispute and upon determination representation or warranty made by a Party to this Agreement of the correct amount,any amount owed by Buyer to Seller shall be proves to have been false or misleading in any material respect paid within ten(10)business days of resolution of the dispute with when made or ceases to remain true during the Term (excluding interest at the Interest Rate(as defined in Addendum A).All invoices the Buyer-only representations and warranties in Paragraph 22, are presumed final and accurate unless such invoices are objected to subsections (a), (b) and (c) regarding Contract Quantities and by Buyer with written notice,including an adequate explanation and Usage,which the Parties agree will not be a basis for an Event of supporting documentation of such dispute,being provided to Seller Default, if such representation was materially true and accurate within six' =twenty four(241 months from the date that when made);(b)the failure of a Party to perform any covenant set such invoice was delivered to Buyer.In no event shall the disputed forth in this Agreement which is not excused by Force Majeure or portion include a dispute for any items set forth in Exhibit "C", cured within€ve4-5)-ten LiOLbusiness days after written notice of including Taxes. such is provided;(c)Buyer is late in the payment of two(2)or more 9. Performance Assurance:At Seller's request Buyer agrees to provide invoices in any six(6)month period that is not cured within ten(10) Seller with required information, including pertinent financial business days after notice thereof; (d) the failure of Buyer to information necessary for Seller to assess Buyer's financial position. provide Performance Assurance in accordance with Paragraph 9;(e) If,at any time during the Term of this Agreement,Seller determines the failure of Buyer to utilize Seller as its sole supplier of electricity in its reasonable discretion that Buyer's creditworthiness or ability to for the Accounts and Meters specified on Exhibit"D"at any time perform under this Agreement has become unsatisfactory(including, during the Term (including but not limited to a switch of Buyers but not limited to,Buyer's late payment of any amounts due under electric service to another retail electric provider resulting in an this Agreement two or more times in any six month period),Seller early termination of this Agreement); (f) a Party makes an may require that Buyer provide collateral for its obligations in the assignment or any general arrangement for the benefit of creditors or otherwise becomes bankrupt or insolvent; or (g) the EDC form of cash, letter(s) of credit, deposit, corporate or personal guarantees or other security in a form and an amount reasonably disconnects service to one more of Buyer's Accounts and Meters acceptable to Seller ("Performance Assurance"). If Buyer fails to as a result f Buyer's non-performance.Upon the occurrence of an provide Performance Assurance within three (3) business days of Event of Default, the Party not committing the Event Default receipt of such notice by Seller,an Event of Default shall be deemed ("Non-Defaulting Party") shall have the right to terminate this Agreement in accordance with the terms of Paragraph 14, to have occurred and Seller shall be entitled to any and all remedies set forth in this Agreement. Termination and Remedies in the Event of Default,in addition to all other rights and remedies available hereunder. 30.Assignment and Binding Effect: Neither Party may assign this µ.rry Termination and Remedies in the Event of Default: Where Agreement or any of its rights or obligations under this Agreement ,„"Ith without the express written consent of the other Party, which ere exists an Event of Default,the Non-Defaulting Party shall have consent shall not be unreasonably withheld. Notwithstanding the the right to terminate this Agreement upon written notice being above, Seller may, without the consent of Buyer, (a) assign this provided to the Defaulting Ng Party Non-Defaulting"Termination").ll In the event of Agreement to any affiliate or to any party succeeding to a substantial such Termination, the Non-Defaulting Party shall be entitled to portion of the assets of Seller,or(b)pledge or otherwise collaterally receive an amount (the "Settlement Amount") equal to the assign its rights under this Agreement to any entity providing Replacement Value (as defined below) of this Agreement. For Non- extensions of credit to Seller.Any successor or assignee of the rights purposes hereof,: (a) "Replacement Value for Seller (as Non- of either Party shall be subject to all the provisions and conditions of Defaulting Party) shall mean [Contract Value plus Costs] minus this Agreement to the same extent as though such successor or Market Value,so long as the Contract Value plus Costs is greater than assignee were the original Party under this Agreement. Any Market Value and"Replacement Value,for Buyer w hich the Market Non-Defaulting assignment in violation of this Paragraph 10 shall be void. Party)shall mean the positive amount,if any,by w Value plus Costs exceeds the Contract Value; (b) "Contract Value" 11.Regulatory Events: If there is a change in law, administrative means the price for the Remaining Volume as set forth in the regulation, tariff, rule, ISO design or structure or other event, applicable Exhibit; (c) "Market Value" means the amount, as including but not limited to an order,judicial decision,statute,or a determined by the Non-Defaulting Party as of the effective date of change in an interpretation or application of any of the foregoing the termination in accordance with this Section 14 that a bona fide (collectively,a"Regulatory Event")and such Regulatory Event causes third party would pay for the Remaining Volume at current market Seller to incur any capital, operating, commodity or other costs, prices; (d) "Remaining Volume' shall mean the remaining Version:Champion-CESA-TX State Package-052013 REDLINE Page 3 of 9 unpurchased quantity of electricity through the end of the applicable G&.&r,„„I,,,d;;p,,,,, Indemnification:To the extent allowed by law.each Party will Term for Buyer's Accounts and Meters corresponding to Buyer's indemnify, defend and hold harmless the other Party, its officers, Delivery Point(s) serviced under this Agreement and specified on agents,and employees from any claims,damages and actions of Exhibit "D"; and (e) "Costs" mean transaction costs and expenses any kind arising from personal injury(including without limitation, reasonably incurred by,or on behalf of,the Non-Defaulting Party in death),tangible property damage or loss and/or lost profits arising terminating,liquidating,or obtaining any arrangement pursuant to from or out of any event,circumstance,act or incident occurring or which it has hedged its obligations, or, in which it must secure existing with respect to the energy provided pursuant to this alternative electricity supply, including attorneys' fees, reasonable Agreement, while control and title to the energy is vested in the expenses and costs,if any,incurred in connection with enforcing its indemnifying Party. This provision survives the termination or rights under this Agreement. In determining "Market Value", the expiration of this Agreement. Aq bP*••PPn *h^ Non-Defaulting Party may consider,among other things,quotations assumes r„u FespensiL°'*„ r^.*he elee4k,k y en *he °„•,,,.', ,',,,, from leading dealers in the wholesale energy industry, the Non- ^*^ ' ^f *ti^ PQiAt ^F n^r„^.,, Ad @gF@@S tg Ad CI,.II Defaulting Party's internally developed forward price valuations,and - --"•- d^end And hAld hAFFAIPgq Seller, k ,.4iee..• agpn*q And other bona fide offers from either third parties or Affiliates of the empleyees 4effi Ad .gain,*all°L.'..., damages and aetiens^r any Non-Defaulting Party, all as commercially available to the Non- kind (heFein 4eF eelle*iyeL, F4eKed *^ "Claims" : ,I,din .. Defaulting Party and adjusted for the length of the remaining Term fl.:. , f^.pe FSe Ral k.k,,.,, dea* +ang:LI„p ffipeky da ffi; .,ge^.I^g9 and differences in transmissions costs,volume,and other factors,as ^°°6,..k.,,.^- ° yeF'S side s*he ^'-*eF I)eliv^F• .k,iAg 4e ^ ^ the Non-Defaulting Party reasonably determines. Payment shall be eF any a neiden*^°°6,....,,. k ^F *ing wkh due from the Defaulting Party within five(5)days of receipt of invoice ^ *he elee4k,k y ,_d(^F ye ^^g^F—anee WAd ff*h'g from the Non-Defaulting Party.The Parties hereby agree that they celleF assumes r„u.,,,..ensibilky reF*he eleewFieky en, he shall discharge mutual debts and payment obligations due and owing c^II^•'`Side(,,..S+.^ W)^f the PgiAt^f n^Ike^^, Ad, tQ,^d to each other arising from this Agreement through netting,in which shall 6nde....,i4 d^end,_d hAld hff ffiles Buyer ks^uk,^., .. case all amounts owed by each Party to the other Party shall be and employees 4em and 4 .0 Claims, ':,°I,,ding ,-h'..., r^ : netted so that only the excess amount remaining due shall be paid by peFsenal i ',,.•,dea* *angill„pffipeFty damage^.I^SS^,,.,.FiRg eA the owing Party.The Parties expressly acknowledge that upon an sPIIPF' gidP AS*he Pero+eS I)el:vep. ..:,:....F e ffi.....,,+e5....,...en. Event of Default, damages would be difficult to ascertain and neiden*^°°6,.:k.,,.^F *ing••4 Fespep**^*hp quantify and agree that this provision for calculating damages is elee i k y A (^.celleF' pe4eFffia,,^ ,,ndeF*Lk, g reasonable in light of the anticipated or actual harm and is not a - *h,* s^o^. ', FPspensible r^. *he .hysi°.I penalty. k..r...,.+.,,,.+,,.,, r^.*he ..I.,,,.ieal deli,^.,, ,er*he elee4:,.k*„ 6 Force Majeure: Except with regard to a party's obligation to k ,,,,,, .*Pd ,..k*I. *L^ r.kl,,.,, *^ deliveF *he elee4k,k y ^. f^. any make payment due hereunder, if either Party is rendered unable, damage alleged *^ Wvp F ^., 4Affi *he elee4k,k y While ;* wholly or in part, to perform its physical obligations under this bP*,,,^^„*hp °^k.,* ^r neliyeFy ,_d °,,yeF!, Deliyeryy °^k_*, guyeF Agreement(including but not limited to the delivery or receipt of .* c^o^. ,�,.,,, *.,J ,',.r *L^ electricity hereunder)due to Force Majeure,the obligations of each ^IL .* ^^I^*.; ;*„ Party will be suspended for the duration of any inability to perform which is—selely zhe Fespensibifty o� a 199 ,_mil,' for up to twenty (20) consecutive days. A Party claiming Force +heF4^.^ shall nR*be Ihtil^An ^ ., ,, *^r*L^ *, ^. ^r Majeure (the "Claiming Party") will notify the other Party ("Non- g-ph^„*k:k r^. y k_*^..WP. i^. r 16IFe^.d^h„in*he deliyep,^r Claiming Party") by written confirmation as soon as practicable, ^.^r.^ ^„I n� k + ^ describing the nature, and estimated duration of such inability to ^„^_* ^r These perform.The cause of such inability to perform will be remedied with _^r*,; ,,,,,,,^,_^_* all reasonable dispatch. "Force Majeure' means any event or occurrence (including, but not limited to "Acts of God") that is &&.II r Limitation of Remedies, Liability, Damages& Disclaimer of beyond the control of a Party and that:(a)is not the result of the Warranties: FOR BREACH OF ANY PROVISION FOR WHICH AN negligence of the Claiming Party;and(b)which,by the exercise of EXPRESS REMEDY IS PROVIDED,SUCH EXPRESS REMEDY WILL BE THE due diligence,the Claiming Party is unable to avoid or cause to be SOLE AND EXCLUSIVE REMEDY.IF NO EXPRESS REMEDY IS PROVIDED, avoided. Force Majeure shall include, a condition resulting in the A PARTY'S LIABILITY WILL BE LIMITED TO DIRECT ACTUAL DAMAGES curtailment or disruption of firm electricity supply or the ONLY. NEITHER PARTY WILL BE LIABLE FOR CONSEQUENTIAL, transmission on the electric transmission and/or distribution system, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST including a Force Majeure event experienced by any utility,EDC,ISO PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY or governmental agency.A claim of Force Majeure may not be based STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY on: (a) Buyer's inability to economically use electricity purchased PROVISION OR OTHERWISE. THE PARTIES INTEND THAT THE under this Agreement;(b)Buyer's election to close,sell,abandon or LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF materially curtail or discontinue operation of Buyer's facilities due to DAMAGES BE WITHOUT REGARD TO THE CAUSES RELATED THERETO any economic circumstance; (c) a Party's inability to acquire INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH electricity at a particular price;or(d)Seller's ability to sell electricity NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR at a price above the Contract Price.Force Majeure shall not excuse PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID Buyer's failure to make payments in a timely manner for electricity HEREUNDER ARE CHARACTERIZED OR DEEMED TO BE LIQUIDATED supplied by Seller before a Force Majeure event or during a Force DAMAGES,THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE Majeure event provided the electricity is delivered and received DIFFICULT OR IMPOSSIBLE TO DETERMINE, OBTAINING AN pursuant to the terms of this Agreement and any effective Exhibit. ADEQUATE REMEDY IS INCONVENIENT AND THE LIQUIDATED &&"I IIS� Forward Contract:The Parties acknowledge and agree that this DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE "" HARM OR LOSS. EXCEPT FOR THE REPRESENTATIONS AND Agreement and the transaction(s) contemplated under this WARRANTIES SET FORTH IN PARAGRAPH 22, SELLEREXPRESSLY Agreement constitute a"forward contract”within the meaning of the DISCLAIMS AND MAKES NO WARRANTIES,WHETHER WRITTEN OR United States Bankruptcy Code,and the Parties further acknowledge ORAL, WITH RESPECT TO THE ELECTRICITY SUPPLIED UNDER THIS and agree that each Party is a"forward contract merchant”within the AGREEMENT, INCLUDING EXPRESS, IMPLIED OR STATUTORY meaning of the United States Bankruptcy Code. WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR Version:Champion-CESA-TX State Package-052013 REDLINE Page 4 of 9 PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY throughout the term of this Agreement that no Accounts and Meters CONTAINED IN THIS AGREEMENT,THE LIMITATIONS SET FORTH IN at Buyer's Delivery Point(s) listed on Exhibit "D" are or will be THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR EARLY classified by the applicable Public Utility Commission as a residential TERMINATION OF THIS AGREEMENT. FURTHER, IT IS UNDERSTOOD or small business account. THAT SELLER SHALL NOT BE LIABLE FOR MATTERS WITHIN THE " 1- 2,, Governing Law; Counterparts: This Agreement will be CONTROL OF THE EDC OR THE ISO,WHICH MAY RESULT FROM THEn' MAINTENANCE OR OPERATION OF ELECTRIC LINES AND SYSTEMS. interpreted in accordance with the substantive and procedural laws of the State of Texas without giving effect to laws and rules ,I,d,,,,,,,,,,,,,,,,,,,,,,,,No Third Party Beneficiaries; Relationship of the Parties: governing conflicts of laws. This Agreement may be executed in There are no third party beneficiaries to this Agreement.Seller and counterparts,each of which shall be deemed an original,but all of Buyer agree that nothing in this Agreement shall be construed to which together shall constitute one and the same instrument.This constitute or imply a joint venture,partnership or association or the Agreement may be executed and be deemed binding through the creation or existence of any fiduciary duty,or similar obligation or use of facsimile signatures. liability between Seller and the Buyer. Seller will not provide,and nva}dSeverability:If any provision of this Agreement is held to be nothing herein will be construed as the provision of,advice regarding the value or the advisability of trading in commodity interests" , its invalidity shall not affect the validity of any other provision of the Agreement. which would cause Seller or an affiliate to be considered a commodity trading advisor under the Commodity Exchange Act, 7 65 2,?6„;, Survival of Obligations:All confidentiality, indemnity, liability U.S.C.§§1-25,et seq.,as amended. limitation,disclaimer provisions and the rights and obligations that, III q Taxes:Buyer will be responsible for,pay,and indemnify Seller by their nature, would continue beyond the termination, for all Taxes,whether imposed on Buyer or Seller with respect to the cancellation, or expiration of this Agreement, shall survive such termination,cancellation or expiration. sale,delivery and purchase of electricity.Seller may collect such Taxes from Buyer by invoicing Buyer for the amount of such Taxes. If ";",",�;;, Entirety of Agreement;Modification:It is the intention of the applicable,Buyer will provide all requested sales and use exemption Parties that this Agreement, together with all exhibits, addenda certificates and information and until provided, Seller will not and/or schedules attached hereto or incorporated by reference recognize any exemption."Taxes'shall mean without limitation,all (collectively,the"Agreement")shall contain all terms,conditions and ad valorem, property,occupation, utility,gross receipts, sales, use, protections in any way related to or arising out of, the sale and franchise, assessment fees, excise and other taxes, governmental purchase of the electricity,and supersedes,for the Term,all prior charges, emission allowance costs, licenses, permits and agreements between the Parties,whether written or oral,as to the assessments,and any such similar taxes other than taxes levied on terms specified herein. This Agreement may not be modified or net income,net worth or Seller's real or personal property. amended except in a written form that is subsequently duly executed UCC: Except as otherwise provided in the Agreement, the by the Parties hereto.No amendment or modification shall be made Uniform Commercial Code ("UCC') or such similar collection of to this Agreement by course of performance,course of dealing or consumption of trade, or by the failure of a Party to object to a statutory provisions as may have been adopted and are in effect in deviation from the terms ofthis Agreement. the Delivery State(as defined in Addendum'A")shall apply to this Agreement and electricity shall be a"good"for purposes of the UCC. LAZE, Notices:All notices required or permitted to be given under Z;611. Representations and Warranties: As of the Effective Date this Agreement shall be in writing and may be sent by facsimile or hereof,each Party represents and warrants to the other that:(a)it is mutually acceptable electronic means,overnight courier,first class duly organized, validly existing and in good standing both in the mail or hand delivered.The addresses of the Parties for such notices jurisdiction of its formation and in the jurisdiction where the are set forth in Addendum"A". facility(ies)receiving electricity under this Agreement are located;(b) 49 Authorization of Data: Buyer shall, if necessary and as it has all regulatory authorizations,permits and licenses necessary for appropriate,designate Seller to the ISO and/or EDC as an authorized it to legally perform its obligations under this Agreement;(c)it has recipient of Buyer's current and historical electricity billing and usage not filed,does not plan to file,or had any bankruptcy proceeding data. filed against it,(d)it has reviewed and understands this Agreement and the execution,delivery and performance of this Agreement has been duly authorized and is a valid and enforceable obligation;and 29. Requirements Service:To the extent that Buyer operates health (e)it is not a party to or subject to any commitment that may restrict care or other facilities for which it maintains emergency generators. or interfere with the delivery or receipt of electricity under this use of such generators in an outage or Force Maieure situation or for Agreement.Buyer further represents to Seller during the Term that: required testing purposes for limited periods is allowed. (a)it intends to operate its business in substantially the same manner 30. Non-Appropriation: Buyer intends to make all required contract as it has in the previous 12 months and that the Contract Quantities payments for the full term of this Agreement, however. Buyer and and, if applicable, its current PLC Values or peak load reasonably Seller agree that if Buyer's governing body is not able to app ropriate reflect Buyer's anticipated consumption;(b)it understands Seller is sufficient funds and has no other legally available funds a continue relying on this representation to purchase products and services(in the purchase of electricity covered by the Agreement, Buyer may quantities that closely resemble Buyer's consumption pattern of the erminate this Agreement at the end of Buyer's fiscal year affected previous 12 months)from third parties to serve Buyer's electricity hereby. by giving written notice to Seller to that effect, and as of requirements for the Term of this Agreement;(c)it understands that guver's termination date.Seller shall have no further duty to supply if it operates its meter(s)inconsistent with its usual and customary electricity to Buyer.Buyer agrees to notify Seller in writing of such non- manner it may cause material detrimental financial impact to Seller appropriation at the earliest practicable time subsequent to the failure and that Seller will pass along the impact of such changed consumption to Buyer, (d)the information provided concerning its o appropriate. Accounts and Meters is true and correct;(e)any transactions entered into by Buyer related to this Agreement are understood by Buyer and made at Buyer's sole election in the exercise of independent judgment and Buyer assumes any risk associated with them;and(f)it is purchasing commercial energy strictly for its own use and Version:Champion-CESA-TX State Package-052013 REDLINE Page 5 of 9 Buyer understands that by executing this Agreement,Seller will be provided certain basic information about Buyer by the EDC,including,but not limited to,account number,data about meter readings,rate class and electric usage,Buyer's address(es)and telephone number and whether or not Buyer is on a budget billing plan or payment arrangement. Each party to this Agreement represents and warrants that it has full and complete authority to enter into and perform this Agreement and that such party will be bound thereby. This Agreement, including all Exhibits and Addenda attached hereto and referenced herein, sets forth all understandings between the parties with respect to the purchase and sale of electricity and any prior agreements,contracts,understandings and representations,whether oral or written,relating to the purchase and sale of electricity are merged into and superseded by this Agreement.This Agreement may be amended only by a written document executed by authorized representatives of both parties to this Agreement. IN WITNESS WHEREOF,the Parties,by their respective duly authorized representatives,have executed this Agreement effective as of the Effective Date.This Agreement will not become effective as to either Party unless and until executed by both Parties. Seller:Champion Energy Services,LLC(or its Buyer: affiliate,Champion Energy LLC) "17(i/7CD"1::u"17(a/7CD"1 u"17/a/7CD"1 u"17/u(7CD"1 2f../?12.21 11,017 2/701 2,3*A,4-gM4 Field Code Changed (Signature) (Date) (Signature) (Date) (Name) (Name) Authorized Signatory (Title) (Title) Version:Champion-CESA-Tx State Package-052013 REDLINE Page 6 of 9 11 F En e r gy CHAMPION Sales Agreement—Addendum A ENERGY SERVICES' Texas Champion Energy Services,LLC 1500 Rankin Road,Suite 200 Houston,Texas 77073 to the Commercial Energy Sales Agreement dated as of 1 =01101/2014, Field Code Changed J between Champion Energy Services, LLC("Seller"), and the City of Corpus Christi—("Buyer"). The following terms shall have the meanings set forth below when used in the Agreement or in this Addendum. "Accounts and Meters"means Buyer's Electric Service Identifier(s)or ESI ID(s)which is a unique number in the ERCOT market given to a Buyer's Delivery Point(s). "Applicable Market Rate"means ERCOT's applicable Real Time Nodal Load Zone LMP Price. "Delivery Point Change Criteria"means the Forecasted Usage of Buyer or the profile or area/zone that served as the basis for Seller's determination of the initial Contract Price. "Delivery State"means the State of Texas. "EDC"means the applicable local transmission and distribution service provider("TDU"). "ISO"means the Electric Reliability Council of Texas("ERCOT"). "Profile"means load profile. "PUC"means the Public Utility Commission of Texas("PUCT"). "RES"means a retail electric provider. l �', 2: A�,i�,iI�':Ioriaj I4?I I1Y s (a) Metering:Seller may adjust invoices for any Usage measurement errors in accordance with TDU rules. (b) Pricing:A Contract Price specified on Exhibit"A"as a Real Time LMP Rate shall mean the Buyer's price per kWh will be the weighted average Nodal as published by ERCOT for the billing period plus the LMP Adder.The LMP Adder is inclusive of all non-utility charges including ancillary services,congestion,losses,unaccounted for energy,qualified scheduling entity("CISE")fees and other ERCOT ISO charges or administrative fees incurred in connection with the delivery of energy. (c) Billing&Payment:Seller will invoice Buyer the total amount due for electricity delivered to Buyer during each month according to Seller's regular billing cycle.Such invoice shall also include all applicable Taxes,TDU Charges and other charges allowed pursuant to this Agreement.Payment shall be due within sixteen(16)days after the applicable invoice date.All past due invoices will incur a late payment charge of 5%of the invoice amount and the outstanding balance will accrue interest at the lesser of 1%per month or the maximum amount allowable by law(the"Interest Rate').Seller charges$25.00 for each returned check or each ACH.Buyer shall be responsible for any and all costs,attorney and legal fees incurred by Seller for the collection of any outstanding balance owed by Buyer. (d) Repair Services:Seller consents to Buyer directly instructing the TDU to perform repair services and Seller shall invoice Buyer for the actual costs billed to Seller by the TDU for the performance of such repair services. (e) Buyer Protection Rules:Buyer and Seller acknowledge and agree that the Buyer Protection Rules enacted by the PUC(Substantive Rules, Section 25,Subchapter R),that were written to protect residential and very small commercial consumers,do not apply to this Agreement.If there is any conflict between the Buyer Protection Rules and this Agreement,the Parties acknowledge that this Agreement will control. Version:Champion-CESA-TX State Package-052013 REDLINE Page 7 of 9 (f) No On-Site Buyer Generation:The Contract Price for the Term specified herein is conditioned on Buyer's warranty that,as to the Buyer's Delivery Point(s)at the Service Address(es)listed on Exhibit D,(i)Buyer does not own any on-site generation(except for emergency back- up generation used when the EDC is not capable of delivering energy)or thermal storage capabilities("On-Site Energy Generation")and (ii)if Buyer,at any time during the Term of this Agreement,intends to purchase On-Site Energy Generation equipment or commence operations in furtherance of On-Site Energy Generation and related services,Buyer will provide Champion with a minimum of sixty(60) days prior written notice. Buyer acknowledges and understands that the use of On-Site Energy Generation during the Term of this Agreement will materially impact both the historical consumption data relied upon by Seller in entering into this Agreement and Buyer's Usage for the remainder of the Term and therefore,use of such On-Site Energy Generation without Seller's written consent is a material breach of this Agreement. (g) Texas Prompt Payment Act Terms:In accordance with the Texas Prompt Payment Act,if Buyer qualifies as a governmental entity(See Texas Government Code,Chapter 2251),payment is due Champion thirty(30)days from the date the electricity is delivered or a correct invoice is received,whichever is the later of the two.If Buyer,in good faith,disputes a payment,Buyer must notify Champion of an error in an invoice submitted for payment by Champion not later than the 21st day after the date Buyer receives the invoice.If the dispute is resolved in favor of Champion,then Champion is entitled to receive interest on the unpaid balance of the invoice beginning on the date the payment for the invoice is overdue.A payment is considered overdue beginning the 31st day(from the date the electricity was delivered or a correct invoice is received,whichever is the later of the two).If the dispute is resolved in favor of the Buyer,Champion shall submit a corrected invoice that must be paid in accordance with Section 2251.021. The unpaid balance accrues interest as provided by this chapter if the corrected invoice is not paid by the appropriate date.The rate of interest used to calculate the interest amount due,is the rate in effect on September 1st of the fiscal year in which the payment becomes overdue.The interest calculation is one percentage point higher than the prime rate published in the Wall Street Journal on the first business day of July of the preceding fiscal year. (h) Champion Energy Services,LLC is licensed by the Public Utility Commission of Texas,license number 10098. [ art I No"t'IICEP"iii Buyer's Notice—Addendum Champion Energy Notices Contract Issues Invoicing Attention: Contract Manager Address: 1500 Rankin Road, Suite 200 City,State,Zip: Houston,Texas 77073 Telephone: 281.653.5090 Facsimile: 281.653.1810 E-mail: Please e-mail your Champion Energy Sales Representative Federal Tax ID: 20-1466960 Invoice Type: ❑One summary bill to be sent to the Billing Address. ❑Individual bills per account,to be sent to the Billing Address. ❑Individual bills per account,to be sent to the Respective Service Address. Invoice Delivery Method: ❑E-mail bill delivery ❑Mail bill delivery Tax Exemption Notice:If Seller does not receive the proper tax exemption documentation within thirty(30)days of enrollment date,Buyer must petition the Delivery State for any tax refunds due. Buyer's Delivery Points are not tax exempt (initials) Buyer's Delivery Points are tax exempt (initials) Version:Champion-CESA-TX State Package-052013 REDLINE Page 8 of 9 IN WITNESS WHEREOF,the Parties,by their respective duly authorized representatives,have executed this Agreement effective as of the Effective Date.This Agreement will not become effective as to either Party unless and until executed by both Parties. Buyer: Seller:Champion Energy Services,LLC 1121...,L.221 (Signature) (Date) (Signature) (Date) (Name) (Name) Authorized Signatory (Title) (Title) Champion Energy Services,LLC 1500 Rankin Road,Suite 200 Houston,TX 77073 Phone: 281.653.5090 Toll-free:877.653.5090 Website:www.championenergyservices.com E-mail: support@championenergyservices.com Champion Energy is licensed by the Texas Public Utility Commission as a REP to offer and supply electric generation services in Texas.Champion Energy's license number is 10098. Public Utility Commission of Texas PO Box 13326 Austin,Texas 78711-3326 Toll Free:1.888.782.8477 Fax: 512.936.7003 TTY: 512.936.7136 E-mail: customer@ puc.state.tx.us Website:www.puc.state.tx.us Customer Protection Division:512.936.7120 For Emergencies,Outages and Equipment Service,call your respective TDU("Poles&Wires"company)below. CenterPoint Energy,Inc. Houston and surrounding areas Service: 800.332.7143 Outages:800.332.7143 Website:www.centerpointenergy.com Oncor TNMP Dallas—Fort Worth and West Texas South Central Coast,For West and North Texas Service: 888.313.6862 Service: 888.866.7456 Outages:888.313.4747 Outages:888.866.7456 Website:www.oncor.com Website:www.tnmp.com AEP Texas Central,South and West Texas Service: 877.373.4858 Outages:866.223.8508 Website:www.aeptexas.com Version:Champicl State Package-052013 REDLINE Page 9 of 9 E MMMEMENIMEIMMEEMSEW111EM Commercial Energy Executing the Sales Agreement CHAMPION ENERGY SERVICES" Champion Energy Services,LLC 1500 Rankin Road,Suite 200 Houston,Texas 77073 Thank you for the opportunity to provide electricity to your company. We at Champion Energy sincerely appreciate your business. E Ia s tir' s for il)rnrn ir:--!ir1i 11 IY" I"g Sales e ir:11J 1 ,o n m - Provide the contact information for your company in the "Notices" section in Addendum "A" . An authorized representative of Buyer must sign where indicated on the signature page 3. Initial or sign the Exhibits and Addendum page(s) where and as indicated . Sign the Letter of Agency (if applicable) 5. Attach the Sales and Use Tax Exemption Certificate (if applicable) E. Scan and e-mail the executed Agreement to your Champion Energy Sales Originator. hi r--npi,ir,)n IlE n e rg,iVt r"v i 4 i ,' I(Ire S i , le r",w,e 1. Immediately after receiving your signed and initialed Agreement, verify that all required information has been received and the Agreement is in good order . Hedge the power sold to you -. Countersign and initial both executed original Agreements and return one original to you for your records. Version:Champion-CESi State Package.,0S2013 Page 1 of 9 Commercial Energy Sales Agreement CHAMPION ENERGY SERVICES* This Commercial Energy Sales Agreement,together with all exhibits,addenda and/or schedules attached hereto or Incorporated by reference (collectively,the"Agreement") is entered Into and made by and between Champion Energy Services, LLC, (or its affiliate, Champion Energy, LLC)and the buyer of retail electricity(identified herein as"Buyer").Seller and Buyer may hereinafter be referred to individually as"Party"or collectively as"Parties".Regional requirements and terms,if applicable and capitalized herein will have the meaning ascribed to them herein or in any addendum or exhibit attached hereto. vve Foam"ies lil,:inelby agneie as foHo es: 1. Purchase,Sale and Delivery of Electricity:Sub)ect to the terms and described in Exhibit "C" will be passed-through to Buyer without conditions set forth herein, Seller, a licensed retail electricity markup and Buyer shall pay Seller for such costs and taxes.If Buyer's supplier ("RES"'), shall sell and Buyer shall purchase and receive monthly aggregated Usage materially changes by greater or less than electricity for Buyer's Accounts and Meters as specified in Exhibit twenty-five percent(25%)from the Contract Quantities specified in "D" ("Buyer's Delivery Points)") at the price(s) per kilowatt hour Exhibit"A"or the Profile(as defined in Addendum A)assigned by the (kWh)specified on Exhibit"A"("Contract Price").The electricity will EDC to Buyer's Accounts and Meters changes, Seller may charge be delivered by Seller's supplier to the specific zone on the Buyer for all excess and under Usage as specified herein,. To the transmission system ("Point of Delivery") as Identified by the extent that Buyer's monthly aggregated Actual Usage exceeds the electric distribution company ("EDC" as further defined in Contract Quantity by more than 25 -,Seller may invoice,and Buyer Addendum A") operated by the Independent system operator shall pay,the difference between the actual Usage and the Contract ("ISO" as further defined in Addendum "A"). Delivery of the Quantity at the Applicable Market Rate (as defined in Addendum electricity from the Point of Delivery within the zone for the A"), plus retail margin,the costs Identified on Exhibit"B" the costs appropriate Accounts and Meters corresponding to each Buyer identified on Exhibit "C"and any other similar charges Incurred by Delivery Paint will be made by the EDC. Exhibit A will also specify Seller To the extent that Buyer's monthly aggregated actual Usage is those services, Including without limitation scheduling less than the Contract Quantity by more than 25%, Seller may coordination, transmission, and ancillary services, If any, provided invoice,and Buyer shall pay,the difference between the actual Usage by Seller in connection with the supply of electricity to Buyer. and the Contract Quantity,multiplied by the difference between the 2. Metering:All electricity delivered hereunder("Usage")shall be and Contract Price and the Applicable Market Rate (as defined in can only be, measured by the EDC at the meters located at each Addendum X'), if applicable,any change in Peak Load Contribution Buyer Delivery Point.Actual'Usage shall be the primary method of ("PLC")Values,as determined by the EDC and specified in Exhibit A", calculating the monthly charges for Buyer However, Seller may use resulting in an Increase in transmission and capacity charges to Seller estimated Usage if measurements of actual Usage are not received during the Term of this Agreement will be passed through to Buyer at timely from the EDC, in which case Seller will make appropriate cost, without markup. For Buyer's Usage that Is for a time period ad)ustments upon receipt of actual Usage.Seller may adjust Invoices outside of the Term,Buyer will pay Seller in accordance with the Hold for any Usage measurement errors in accordance with EDC rules. Over Rate terms of Paragraph 7 below.If a broker or consultant was Seller cannot guarantee that the switch of Buyer's account(s)to Seller involved in this transaction, the fee or commission associated with will occur by a specific date and Seller shall not be liable for delays In such broker or consultant may be included in the Contract Price this process caused by the ISO, EDC or the Buyer.The Service Start charged to Buyer.. Date shall be the date upon which a particular Account and Meter is S. Billing&Payment:Buyer will make payment in accordance with the switched to Seller. The Service Start Date is typically the first Billing and Payment terms specified in Addendum "A": Where dual scheduled read date that occurs on or after the Start Date specified in billing its applicable,Buyer will receive a separate Invoice from Buyer's Exhibit "A," unless an alternate date has been requested by Buyer EDC, and Buyer shall be solely responsible for payment of such and agreed to by Seller If the EDC requires Buyer to install additional invoice. metering and/or related equipment at any service address,Buyer will 6. Blend and Extend Rate Adjustment and Term Modification Request: be solely responsible for all charges and arrangements required by At a time Burin the Term of this the EDC. any B Agreement, Buyer may request that the Term be extended or shortened and the Contract Price then 3. Term: This Agreement shall be effective as of signing of this In effect be modified to support this request. Upon receipt,if Buyer's Agreement by Buyer ("Effective Date") and shall continue In effect request is approved by Seller,Seller will use commercially reasonable thereafter as to each Buyer Delivery Point for the total number of efforts to present a blend and extend offer to Buyer reflecting a months (the "Term") specified In Exhibit "A" unless sooner revised new Term and Contract Price("Blend&Extend Offer"). Buyer terminated as otherwise provided in this Agreement, Seller is will he under no obligation to accept the Blend & Extend Offer obligated to begin flowing power on the first scheduled meter read presented by Seller. If Buyer rejects the Blend & Extend Offer, all date on or after the Start Date in Exhibit'A",, terms, conditions and pricing as originally agreed upon under this 4. Pricing: Buyer acknowledges that the Contract Price (Exhibit "A°) Agreement will remain in effect for the remainder of the Term. If offered under this Agreement is based upon Buyer's Usage data for Buyer and Seller mutually agree on the Blend&Extend Offer made, its Accounts and Meters as shown on Exhibit A (the "Contract an amendment detailing the new Term and Contract Price will be Quantities") Buyer will pay the Contract Price times the Usage.The drafted and executed by authorized representatives of the parties Contract Price per kWh includes electricity commodity charges and prior to becoming effective, the costs Identified on Exhibit"B',The costs and all applicable taxes Version:Champion CESA-TX State Package-052013 Page 2 of 9 7. Hold Over Rate:Hold Over Rate:For periods in which Usage occurs ISO,as applicable and as approved by the FERC,shall be considered a outside of the Term Seller may charge Buyer the cost or value of Regulatory Event- providing electricity to Buyer, based on the Applicable Market Rate 12.Confidentiality: Neither Pa (as defined in Addendum"A)plus retail adder,the costs identified on ty Party shall disclose, unless authorized in writing by the other Party, the terms of this Agreement to a third Exhibit"B", if applicable, and any other similar charges incurred by Seller The Applicable Market Rate excludes Exhibit"C"items,which Parry(other than the Party's affiliates, employees, lenders,counsel, will be invoiced to Buyer at cost... Appropriate adjustments to the consultants,accountants and other parties who have agreed to keep foregoing amounts will be made for partial months. In the event such terms confidential), except in order to comply with applicable services extend beyond the Term, Buyer's Accounts and Meters will law, order or regulation. Each Party shall notify the other Party continue to be served under this Agreement except for any rate immediately in writing of any proceeding of which it is aware which differential per the above Hold Over Rate terms, may result in disclosure.The Parties shall be entitled to all remedies available at law or in equity to enforce,or seek relief in connection S. Disputed Amounts: if there is a good faith dispute regarding any with this Paragraph 12. Invoice,Buyer will pay the lesser of either the undisputed amount of 13.Event of Default:The occurrence of any of the following shall be any invoice or the prior month's invoice in accordance with the Billing deemed an "Event of Default" under this Agreement: a) a and Payment terms and along with its payment, provide Seller with representation or warranty made by a Party to this Agreement documentation to support the amount disputed, The Parties will proves to have been false or misleading in any material respect attempt to expeditiously resolve the dispute and upon determination when made or ceases to remain true during the Term (excluding of the correct amount,any amount owed by Buyer to Seller shall be the Buyer-only representations and warranties in Paragraph 22, paid within ten (10) business days of resolution of the dispute with subsections (a), (b) and (c) regarding Contract quantities and Interest at the Interest Rate(as defined in Addendum A).All invoices Usage,which the Parties agree will not be a basis for an Event of are presumed final and accurate unless such Invoices are objected to Default, If such representation was materially true and accurate supporting Buyer with written notice,Including ut adequate provided and when made);(b)the failure of a Party to perform any covenant set supporting documentation of such dispute, being provided i Seller forth in this Agreement which is not excused by Force Majeure or within twenty flour(24)months from the date that such invoice was cured within ten (10) business days after written notice of such is delivered to Buyer. In no event shall the disputed portion Include a dispute for any items set forth in Exhibit"C",including Taxes, provided; (c) Buyer is late in the payment of two (2) or more Invoices in any six(6)month period that is not cured within ten(10) 9. Performance Assurance:At Seller's request Buyer agrees to provide business days after notice thereof; (d) the failure of Buyer to Seller with required information, including pertinent financial provide Performance Assurance in accordance with Paragraph 9;(e) information necessary for Seiler to assess Buyer's financial position. the failure of Buyer to utilize Seller as its sole supplier of electricity If,at any time during the Term of this Agreement,Seller determines for the Accounts and Meters specified on Exhibit "D" at any time in its reasonable discretion that Buyer's creditworthiness or ability to during the Term (including but not limited to a switch of Buyers perform under this Agreement has become unsatisfactory(including, electric service to another retail electric provider resulting In an but not limited to, Buyer's late payment of any amounts due under early termination of this Agreement); (f) a Party makes an this Agreement two or more times in any six month period), Seller assignment or any general arrangement for the benefit of creditors may require that Buyer provide collateral for its obligations in the or otherwise becomes bankrupt or Insolvent or (g) the EDC farm of cash, letter(s) of credit, deposit, corporate or personal disconnects service to one or more of Buyer's Accounts and Meters guarantees or other security in a form and an amount reasonably as a result of Buyer's non-performance.Upon the occurrence of an acceptable to Seller ("Performance Assurance"). If Buyer fails to Event of Default, the Party not committing the Event of Default provide Performance Assurance within three (3) business days of ("Non-Defaulting Party") shall have the right to terminate this receipt of such notice by Seller,an Event of Default shall be deemed Agreement in accordance with the terms of Paragraph 14, to have occurred and Seller shall be entitled to any and all remedies Termination and Remedies in the Event of Default,in addition to all set forth in this Agreement other rights and remedies available hereunder. 10.Assignment and Binding Effect: Neither Party may assign this 14.Termination and Remedies in the Event of Default: Where there Agreement or any of its rights or obligations under this Agreement exists an Event of Default, the Nan-Defaulting Party shall have the without the express written consent of the other Party, which right to terminate this Agreement upon written notice being consent shall not be unreasonably withheld. Notwithstanding the provided to the Defaulting Party (a "Termination"). In the event of above, Seller may, without the consent of Buyer, (a) assign this such Termination, the Non-Defaulting Parry shall be entitled to Agreement to any affiliate or to any party succeeding to a substantial receive an amount (the "Settlement Amount") equal to the portion of the assets of Seller,or(b)pledge or otherwise collaterally Replacement Value (as defined below) of this Agreement. For assign its rights under this Agreement to any entity providing purposes hereof,: (a) "Replacement Value" for Seller (as Non- extensions of credit to Seller.Any successor or assignee of the rights Defaulting Party) shall mean (Contract Value plus Costs) minus of either Party shall be sub)ect to all the provisions and conditions of Market Value,so long as the Contract Value plus Costs is greater than this Agreement to the same extent as though such successor or Market Value and"Replacement Value"for Buyer(as Non-Defaulting assignee were the original Parry under this Agreement. Any Parry)shall mean the positive amount, if any, by which the Market assignment in violation of this Paragraph 10 shall be void. Value plus Costs exceeds the Contract Value; (b) "Contract Value" 11.Regulatory Events: If there is a change in law, administrative means the price for the Remaining Volume as set forth In the regulation, tariff, rule, 150 design or structure or other event, applicable Exhibit; (c) "Market Value" means the amount, as Including but not limited to an order,judicial decision, statute,or a determined by the Non-Defaulting Parry as of the effective date of change in an interpretation or application of any of the foregoing the termination in accordance with this Section 14 that a bona fide (collectively,a"Regulatory Event")and such Regulatory Event causes third party would pay for the Remaining Volume at current market Seller to incur any capital, operating, commodity or other costs, prices; (d) "Remaining Volume" shall mean the remaining including,but not limited to increased Taxes,relating to the provision unpurchased quantity of electricity through the end of the applicable of services contemplated herein, Seller shall be permitted to pass Term for Buyer's Accounts and Meters corresponding to Buyer's through the economic effects of such Regulatory Event to Buyer at Delivery Points) serviced under this Agreement and specified on cost and without markup.For the avoidance of doubt,an increase in Exhibit "D"; and (e) "Costs" mean transaction costs and expenses the rate for Network Integration Transmission Service by the EDC or reasonably Incurred by,or on behalf of,the Non-Defaulting Party in Version:Champion-CESA-TX State Package-052013 Page 3 of 9 terminating, liquidating, or obtaining any arrangement pursuant to out of any event,circumstance,act or incident occurring or existing which it has hedged its obligations, or, in which it must secure with respect to the energy provided pursuant to this Agreement, alternative electricity supply, including attorneys' fees, reasonable while control and title to the energy is vested in the indemnifying expenses and costs,if any,incurred In connection with enforcing its Party. This provision survives the termination or expiration of this rights under this Agreement. In determining "Market Value the Agreement. Non-Defaulting Party may consider,among other things,quotations 16.Limitation of Remedies, Liability, Damages & Disclaimer of from leading dealers In the wholesale energy Industry, the Non Warranties AN FOR BREACH OF ANY PROVISION FOR WHICH Defaulting Party's internally developed forward price valuations,and EXPRESS REMEDY IS PROVIDED,SUCH EXPRESS REMEDY WILL H THE other bona fide offers from either third parties or Affiliates of the SOLE AND EXCLUSIVE REMEDY.IF NO EXPRESS REMEDY IS PROVIDED, Non-Defaulting Party, all commercially available to the Non- Defaulting P Party and adjusted A PARTY'S LIABILITY WILL BE LiMITED TO DIRECT ACTUAL DAMAGES d for the length of the remaining Term and differences In transmissions costs,volume,and other factors, ONLY. NEITHER PARTY WiLL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST the Nan-Defaulting Party reasonably determines. Payment shall 6e a PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY due from the Defaulting Party within five(5)days of receipt of invoice IN TORT OR CONTRACT UNDER ANY INDEMNITY ,ASTTUTE from the Non-Defaulting Party, The Parties hereby agree that they STATUTE,PROVISION OR OTHERWISE. THE PARTIES INTEND THAT THE shall discharge mutual debts and payment obligations due and owing LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF to each other arising from this Agreement through netting,in which DAMAGES BE WITHOUT REGARD TO THE CAUSES RELATED THERETO case all amounts owed by each Party to the other Party shall be INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH netted that only the excess amount remaining due shall be paid NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR the owing Party.The Parties expressly acknowledge that upon an n PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID Event of Default, damages would be difficult ascertain and HEREUNDER ARE CHARACTERIZED OR DEEMED TO BE LIQUIDATED a quantify and agree that this provision for calculating damages DAMAGES, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE reasonable in light of the anticipated or actual harm and is not a DIFFICULT OR IMPOSSIBLE TO DETERMINE, OBTAINING AN penalty, ADEQUATE REMEDY 1S INCONVENIENT AND THE LIQUIDATED 15.Force Majeure: Except with regard to a party's obligation to make DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE payment due hereunder,if either Party Is rendered unable,wholly or HARM OR LOSS. EXCEPT FOR THE REPRESENTATIONS AND in part, to perform its physical obligations under this Agreement WARRANTIES SET FORTH IN PARAGRAPH 22, SELLEREXPRESSLY (including but not limited to the delivery or receipt of electricity DISCLAIMS AND MAKES NO WARRANTIES, WHETHER WRITTEN OR hereunder)due to Force Majeure,the obligations of each Party will ORAL, WITH RESPECT TO THE ELECTRICITY SUPPLIED UNDER THIS be suspended for the duration of any inability to perform for up to AGREEMENT, INCLUDING EXPRESS, IMPLIED OR STATUTORY twenty (20) consecutive days. A Party claiming Force Majeure (the WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR "Claiming Party")will notify the other Party("Non-Claiming Party") PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY by written confirmation as soon as practicable,describing the nature, CONTAINED IN THIS AGREEMENT, THE LIMITATIONS SET FORTH IN and estimated duration of such inability to perform. The cause of THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR EARLY such inability to perform will be remedied with all reasonable TERMINATION OF THIS AGREEMENT. FURTHER, IT 15 UNDERSTOOD dispatch."Force Majeure"means any event or occurrence(including, THAT SELLER SHALL NOT BE LIABLE FOR MATTERS WITHIN THE but not limited to Acts of God")that is beyond the control of a Party CONTROL OF THE EDC OR THE 150,WHiCH MAY RESULT FROM THE and that:(a)is not the result of the negligence of the Claiming Party; MAINTENANCE OR OPERATION OF ELECTRIC LINES AND SYSTEMS. and(b)which,by the exercise of due diligence,the Claiming Party 1s 19.No Third Party Beneficiaries;Relationship of the Parties:There are unable to avoid or cause to be avoided.Force Majeure shall include,a no third party beneficiaries to this Agreement.Seller and Buyer agree condition resulting in the curtailment or disruption of firm electricity that nothing in this Agreement shall be construed to constitute or supply or the transmission on the electric transmission and/or imply a joint venture, partnership or association or the creation or distribution system,including a Force Majeure event experienced by existence of any fiduciary duty, or similar obligation or liability any utility, EDC, ISO or governmental agency. A claim of Force between Seller and the Buyer. Seller will not provide, and nothing Majeure may not be based on: (a) Buyer's inability to economically herein will be construed as the provision of, advice regarding the use electricity purchased under this Agreement; (b)Buyer's election value or the advisability of trading in "commodity interests" which to close,sell,abandon or materially curtail or discontinue operation of Buyer's facilities due to any economic circumstance; (c) a Party's would cause Seller or an affiliate to be considered a commodity inability to acquire electricity at a particular price; or (d) Seller's trading advisor under the Commodity Exchange Act,7 U.S.C.§§1-25, ability to sell electricity at a price above the Contract Price. Force et seq.,as amended. Majeure shall not excuse Buyer's failure to make payments in a 20.Taxes:Buyer will be responsible for,pay,and Indemnify Seller for all timely manner for electricity supplied by Seller before a Force Taxes,whether imposed on Buyer or Seller with respect to the sale, Majeure event or during a Force Majeure event provided the delivery and purchase of electricity. Seller may collect such Taxes electricity is delivered and received pursuant to the terms of this from Buyer by invoicing Buyer for the amount of such Taxes. If Agreement and any effective Exhibit. applicable, Buyer will provide all requested sales and use exemption 16.Forward Contract: The Parties acknowledge and agree that this certificates and information and until provided, Seller will not Agreement and the transaction(s) contemplated under this recognize any exemption. 'Taxes"shall mean without limitation, all Agreement constitute a"forward contract"within the meaning of the ad valorem, property, occupation, utility, gross receipts, sales, use, United States Bankruptcy Code,and the Parties further acknowledge franchise, assessment fees, excise and other taxes, governmental and agree that each Party is a"forward contract merchant"within the charges, emission allowance costs, licenses, permits and meaning of the United States Bankruptcy Code. assessments,and any such similar taxes other than taxes levied on net income,net worth or Seller's real or personal property. 17.Indemnification: To the extent allowed by law, each Party will Z .UCC: Except as otherwise provided In the Agreement, the Uniform Indemnify, defend and hold harmless the other Party, its officers, agents,and employees from any claims,damages and actions of any Commercial Code ("UCC") or such similar collection of statutory provisions as may have been adopted and are in effect in the Delivery kind arising from personal Injury(including without limitation,death), State(as defined In Addendum A")shall apply to this Agreement and tangible property damage or loss and/or lost profits arising from or electricity shall be a"good"for purposes of the UCC. Version:Champion-CESA-TX State Package-052013 Page 4 of 9 22.Representations and Warranties: As of the Effective Date hereof, 27.Notices: All notices required or permitted to be given under this each Party represents and warrants to the other that,(a) It is duly Agreement shall be in writing and may be sent by facsimile or organized, validly existing and in good standing both in the mutually acceptable electronic means, overnight courier, first class jurisdiction of its formation and in the )urisdiction where the marl or hand delivered.The addresses of the Parties for such notices facility(ies)receiving electricity under this Agreement are located;(b) are set forth in Addendum"X" it has all regulatory authorizations,permits and licenses necessary for 28.Authorization of Data:Buyer shall,if necessary and as appropriate, it to legally perform its obligations under this Agreement;(c) it has designate Seller to the 150 and/or EDC as an authorized recipient of not filed, does not plan to file, or had any bankruptcy proceeding Buyer's current and historical electricity billing and usage data. filed against it;(d) it has reviewed and understands this Agreement and the execution,delivery and performance of this Agreement has 29.Requirements Service:To the extent that Buyer operates health care been duly authorized and is a valid and enforceable obligation;and or other facilities for which it maintains emergency generators,use of (e)It Is not a parry to or subject to any commitment that may restrict such generators in an outage or Force Ma)eure situation or for or interfere with the delivery or receipt of electricity under this required testing purposes for limited periods is allowed. Agreement Buyer further represents to Seater during the Term that: 30.Non-Appropriation: Buyer intends to make all required contract (a)it intends to operate its business in substantially the same manner payments for the full term of this Agreement, however, Buyer and as it has in the previous 12 months and that the Contract Quantities Seller agree that if Buyer's governing body Is not able to appropriate and, if applicable, its current PLC Values or peak load reasonably sufficient funds and has no other legally available funds to continue reflect Buyers anticipated consumption;(b) it understands Seller is the sufficient fun of and has covered b the relying on this representation to purchase products and services (in p electricity Y Agreement, Buyer may quantities that closely resemble Buyer's consumption pattern of the terminate this Agreement at the end of Buyer's fiscal year affected previous 12 months) from third parties to serve Buyer's electricity thereby, by giving written notice to Seller to that effect, and as of requirements for the Term of this Buyer's termination date,Seller shall have no further duty to supply eq Agreement;(c)a understands that electricity to Buyer. Buyer agrees to notify Seller in writing of such if it operates its meter(s) inconsistent with its usual and customary non-appropriation at the earliest practicable time subsequent to the manner it may cause material detrimental financial impart to Seller fa and that Seller will pass along the impact of such changed failure to appropriate. consumption to Buyer; (d) the information provided concerning its Accounts and Meters is true and correct;(e)any transactions entered into by Buyer related to this Agreement are understood by Buyer and made at Buyer's sole election in the exercise of independent )udgment and Buyer assumes any risk associated with them;and(f)it is purchasing commercial energy strictly for its own use and throughout the term of this Agreement that no Accounts and Meters at Buyer's Delivery Point(s) listed on Exhibit "D" are or will be classified by the applicable Public Utility Commission as a residential or small business account. 23.Governing Law; Counterparts:This Agreement will be interpreted In accordance with the substantive and procedural laws of the State of Texas without giving effect to laws and rules governing conflicts of laws.This Agreement may be executed in counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. This Agreement may be executed and be deemed binding through the use of facsimile signatures. 24.Severability:If any provision of this Agreement is held to be invalid, its invalidity shall not affect the validity of any other provision of the Agreement. 25.Survival of Obligations: All confidentiality, Indemnity, liability limitation, disclaimer provisions and the rights and obligations that, by their nature, would continue beyond the termination, cancellation, or expiration of this Agreement, shall survive such termination,cancellation or expiration. 26.Entirety of Agreement;Modification:It Is the intention of the Parties that this Agreement, together with all exhibits, addenda and/or schedules attached hereto or incorporated by reference(collectively, the"Agreement")shall contain all terms,conditions and protections in any way related to or arising out of,the sale and purchase of the electricity, and supersedes, for the Term, all prior agreements between the Parties, whether written or oral, as to the terms specified herein.This Agreement may not be modified or amended except in a written form that is subsequently duly executed by the Parties hereto. No amendment or modification shall be made to this Agreement by course of performance, course of dealing or consumption of trade, or by the failure of a Parry to object to a deviation from the terms of this Agreement. Version:Champion-CESA-TX State Package-052013 Page 5 of 9 Buyer understands that by executing this Agreement,Seller will be provided certain basic Information about Buyer by the EDC,including,but not limited to,account number, data about meter readings, rate class and electric usage, Buyer's address(es)and telephone number and whether or not Buyer is on a budget billing plan or payment arrangement. Each party to this Agreement represents and warrants that it has full and complete authority to enter into and perform this Agreement and that such patty will be bound thereby. This Agreement, including all Exhibits and Addenda attached hereto and referenced herein, sets forth all understandings between the parties with respect to the purchase and sale of electricity and any prior agreements,contracts,understandings and representations,whether oral or written,relating to the purchase and sale of electricity are merged Into and superseded by this Agreement.This Agreement may be amended only by a written document executed by authorized representatives of both parties to this Agreement. IN WITNESS WHEREOF,the Parties,by their respective duly authorized representatives,have executed this Agreement effective as of the Effective Date.This Agreement will not become effective as to either Party unless and until executed by both Parties. Seller:Champion Energy Services, LLC(or its affiliate, Buyer:Cit "orpus C Champion Energy LLC) �. 12/17/2013 12/17/2013 (SBgnature) )Date) (Signature) (pate) Ron Olson (Name) � (Name) City Manager Authorized Signatory (rtle) (Title) ARIAMO CH" C t Version:Champion-CESA-TX State Package-052013 Page 6 of 9 Commercial Energy CHAMPION Sales Agreement—Addendum A ENERGY SERVICES# Texas Champion Energy Services,LLC 1500 Rankin Road,Suite 200 Houston,Texas 77073 l ddire lr°l i:I ILII urn to the Commercial Energy Sales Agreement dated as of 121312013, between Champion Energy Services, LLC("Seller"), and ("Buyer"). dart L, Definitions: The following terms shall have the meanings set forth below when used in the Agreement or in this Addendum. "Accounts and Meters"means Buyer's Electric Service Identifier(s)or ESI ID(s)which is a unique number in the ERCOT market given to a Buyer's Delivery Point(s). "Applicable Market Rate"means ERCOT's applicable Real Time Nodal Load Zone LMP Price "Delivery Point Change Criteria"means the Forecasted Usage of Buyer or the profile or area/zone that served as the basis for Seller's determination of the initial Contract Price. "Delivery State"means the State of Texas. "EDC"means the applicable local transmission and distribution service provider("TDU"). "ISO"means the Electric Reliability Council of Texas("ERCOT"). "Profile"means load profile. "PUC"means the Public Utility Commission of Texas("PUCT"). "RES"means a retail electric provider. P a Ilr` n 1Jidition a Id I...il a lil I" (a) Metering:Seller may adjust invoices for any Usage measurement errors In accordance with TDU rules. (b) Pricing:A Contract Price specified on Exhibit"A"as a Real Time LMP Rate shall mean the Buyer's price per kWh will be the weighted average Nodal as published by ERCOT for the billing period plus the LMP Adder.The LMP Adder is inclusive of all non-utility charges including ancillary services,congestion,losses,unaccounted for energy,qualified scheduling entity("CISE")fees and other ERCOT ISO charges or administrative fees incurred in connection with the delivery of energy. (c) Billing&Payments Seller will invoice Buyer the total amount due for electricity delivered to Buyer during each month according to Seller's regular billing cycle.Such invoice shall also include all applicable Taxes,TDU Charges and other charges allowed pursuant to this Agreement.Payment shall be due within sixteen(16)days after the applicable Invoice date.All past due invoices will incur a late payment charge of 5%of the invoice amount and the outstanding balance will accrue interest at the lesser of 1 per month or the maximum amount allowable by law(the"Interest Rate").Seller charges$25.00 for each returned check or each ACH.Buyer shall be responsible for any and all costs,attorney and legal fees incurred by Seller for the collection of any outstanding balance owed by Buyer. (d) Repair Services:Seller consents to Buyer directly instructing the TDU to perform repair services and Seller shall invoice Buyer for the actual costs billed to Seller by the TDU for the performance of such repair services. (e) Buyer Protection Rules:Buyer and Seiler acknowledge and agree that the Buyer Protection Rules enacted by the PUC(Substantive Rules,, Section 25,Subchapter R),that were written to protect residential and very small commercial consumers,do not apply to this Agreement.If there is any conflict between the Buyer Protection Rules and this Agreement,the Parties acknowledge that this Agreement will control,. Version:Champion-CFSA-TX State Package-052013 Page 7 of 9 (f) No On-Site Buyer Generation:The Contract Price for the Term specified herein is conditioned on Buyer's warranty that,as to the Buyer's Delivery Point(sl at the Service Address(esi listed on Exhibit D,(1)Buyer does not own any on-site generation(except for emergency back- up generation used when the EDC Is not capable of delivering energy)or thermal storage capabilities("On-Site Energy Generation")and (ii)if Buyer,at any time during the Term of this Agreement,intends to purchase On-Site Energy Generation equipment or commence operations in furtherance of On-Site Energy Generation and related services,Buyer will provide Champion with a minimum of sixty(60) days prior written notice. Buyer acknowledges and understands that the use of On-Site Energy Generation during the Term of this Agreement will materially impact both the historical consumption data relied upon by Seller in entering into this Agreement and Buyer's Usage for the remainder of the Term and therefore,use of such On-Site Energy Generation without Seller's written consent is a material breach of this Agreement. (g) Texas Prompt Payment Act Terms:In accordance with the Texas Prompt Payment Act,If Buyer qualifies as a governmental entity(See Texas Government Code,Chapter 2251),payment is due Champion thirty(30)days from the date the electricity is delivered or a correct invoice is received,whichever is the later of the two.If Buyer,in good faith,disputes a payment,Buyer must notify Champion of an error in an invoice submitted for payment by Champion not later than the 21st day after the date Buyer receives the invoice.If the dispute is resolved in favor of Champion,then Champion is entitled to receive interest on the unpaid balance of the invoice beginning on the date the payment for the invoice is overdue.A payment is considered overdue beginning the 31st day(from the date the electricity was delivered or a correct invoice is received,whichever is the later of the two).If the dispute is resolved in favor of the Buyer,Champion shall submit a corrected Invoice that must be paid in accordance with Section 2251.021. The unpaid balance accrues Interest as provided by this chapter if the corrected invoice is not paid by the appropriate date.The rate of interest used to calculate the interest amount due,is the rate in effect on September ist of the fiscal year in which the payment becomes overdue.The interest calculation is one percentage point higher than the prime rate published In the Wall Street Journal on the first business day of July of the preceding fiscal year. (h) Champion Energy Services,LLC is licensed by the Public Utility Commission of Texas,license number 10098. II N 1i I II c Buyer's Notice--Addendum Champion Energy Notices Contract Issues Invoicing Attention: Tom Tagliabue, Director, Kimberly Galan-Flores,Accounts Contract Manager Intergoverinmental Relations Manager Address: P.O.Box 277 P.O.Box 277 1500 Rankin Road, Suite 200 City,State,Zip: Corpus Christ!,TX 78469-9277 us Christi,TX 78469-9277 Houston,Texas 77073 Telephone: 3 1. 361.826.3645 281.653.5090 Facsimile: 361.826.3845 361.826.3647 281.653.1810 E-mail: tomtag@cctexas.com kimberly@octexas.com Please e-mail your Champion Energy Sales Representative Federal Tax ID: 74-6000574 74-6000574 20-14669660 Invoice Type: One summary bill to be sent to the Billing Address. Individual bills per account,to be sent to the Billing Address. Individual bills per account,to be sent to the Respective Service Address. Invoice Delivery Method: E-mail bill delivery mail bill delivery Tax Exemption Notice: If Seller does not receive the proper tax exemption documentation within ti ( 0)days of enrollment date,Buyer must petition the Delivery State for any tax refunds due. s Delivery Points are not tax exempt ZAq pnitialsl uyer's Delivery Points are tax exempt (initials) Version:Cha m pion-CESA-TX State Package-052013 Page 8 of 9 IN WITNESS WHEREOF,the Parties,by their respective duly authorized representatives,have executed this Agreement effective as of the Effective Date.This Agreement will not become effective as to either Party unless and until executed by both Parties. Buyer:City f Carpus Chris Seller:Champion Energy Services, LLC ""� 17/2013 Signature} (Date). n (Signature} (Date) Ron Olson (Name} (Name) City Manager Authorized Signatory (Title) (Title) Champion Energy Services,LLC 1500 Rankin Road,Suite 200 Houston,TX 77073 Phone: 281.653.5090 Toll-free:877.653.5090 Website:www.champlonenergyservices.com E-mail: support@championenergyservices.com Champion Energy is licensed by the Texas Public Utility Commission as a REP to offer and supply electric generation services in Texas.Champion Energy's license number is 10098. Public Utility Commission of Texas PO Box 13326 Austin,Texas 78711-3326 Toll Free:1.888.782.8477 Fax: 512.936.7003 TTy; 512.936.7136 E-mail: customer@puc.state,tx.us Website:www.auc.state.tx.us Customer Protection Division:512.936.7120 For Emergencies,Outages and Equipment Service,call your respective TDU ("Poles&Wires" company) below. CenterPoint Energy,Inc. Houston and surrounding areas Service: 800.332.7143 Outages:800.332.7143 Website:www.centerRointenersv.com Oncor TNMP Dallas—Fort Worth and West Texas South Central Coast,For West and North Texas Service: 888.313.6862 Service: 888.866.7456 Outages:888.313.4747 Outages:888.866.7456 Website: www.oncor.com Website:www.tnma.com AEP Texas Central,South and West Texas Service: 877.373.4858 Outages:866.223.8508 Website:www.aeptexas.com Version:Champion-CESA-TX State Package-052013 Page 9 of 9 Customer Initials hampion Initials CHAMP U&ffVC.5 I I I AMENDMENT TO RETAIL POWER SALES AGREEMENT DATED AUGUST 24,2010 BETWEEN CHAMPION ENERGY SERVICES,LLC AND CORPUS CHRIST[,CITY OF.TO RENEW CURRENT AGREEMENT FOR THE PRICE AND TERAI BELOW. Customer- CORPUS CHRIST],CITY OF Contract Date, August 24,2010 Amendment Date: December 17,2013 EXHIBIT"A" Start Date: January 01,2014 Contract Price- S0.057721kWh Term. 48 months Consumption Variance: Full Swing Contract Quantity. The monthly kWh quantity per ERCOT congestion zone shown below. Congestion Zone Houston2010 South2010 Jan 0 47,872 0 0 4�6 .......................................... Apr 0 44,849 0 0 Ma 0 47 270 0 0 Jun 0 48,301 0 0 i4.i6-f ,,- - -------- - 0 30,112 0 0 `0.............. ........................ Dec ® 0 Total 0 517,707 1 0 0 57,400 Contract Quantity 49,200 ------------------------------------------------------------------- --------- -------------------------------------- 41,000 -- ------------------- ----------------- -------- ......... --------— -------------- -----­---------- kWh32,800 -- -------- ........ ........ -------- -------- ......... -------- ------------ .................. 24,600 -- -------- -------- -------- -------- -------- --------- -------- . ....... ----- -------- --- 16,400 -- -------- -------- -------- -------- -------- --------- -------- 1 -------- -------- -------- 8,200 -- -------- ------- ........ -------- -------- --- -------- - -------- -------- ­-­- 0 Jan Fcb Mar Apr May Jun Jul Aug Sep Oct Nov Dec EXHIBIT"B" ERCOT Costs(included In Contract Price) Balance Energy CSC Congestion Costs -OOM Replacement Capacity Charge Renewable Energy Charge Regulation Down Service Charge -DOM Energy Charge Uplifted Wind Generation Costs Regulation Up Service Charge -Zonal Out-of-Merit Energy Charge Balancing Energy Neutrality Charges Responsive Rcscrvc Service Charge -T&D Unaccounted for Energy PUCT Credit Requirements Non-Spinning Reserve Service Charge -ERCOT System Administration Fee ERCOT Credit Requirements Replacement Reserve Serviec(Fixed,Hew Rate) Transmission and Distribution Losses -Qualified Scheduling Entity Fees Voltage Support Charge Local(Intrazonal)Congestion Charges -REP Administration and Margin Fees Black Start Service Charge Interzonal Congestion Charges(CSQ RMR Reserve Service Charge Residential Reguircment EXHIBIT"C" Pass-through Charges(passed through at cost) TDSP Charges-regulated by Public Utility Commission of Texas and imposed and invoiced by the TDSP(s) Taxes and other fccs, -Customer Charges Competitive Transition Charges Municipal Franchise Fees -Meter Charges Transition Charges Gross Receipts Taxes -Transmission and Distribution Charges Excess Mitigation Credits PUC Assessment Fee -Transmission Cost Recovery Factor Utility-imposed Reactive Power Chargcs Sales Taxes -System Benefit Fund Charges Charges for services,repairs&equipment Replacement Reserve Service(MOPE) -Nuclear Decommissioning Other Charges TDSP(s)may impose from time-to-time EXHIBIT"D" Delivery Point(s) No. ESI ID Service Address City,State and ZIP Congestion Zone _.____1________101383000070466 RADIO TOWER Corpus Christi,, 78410 SOUTH §67ffft- 2 --------------lcuil]Wbwk�U�WIW--------------------Iff 6iffl)§_e ft if EK-fl-b� .............84 1 - ------------- CORPUS........!-------------------------------------- ------ -------- --------------WU6 U RIVER Uk-At-fl U�f---------------- CHRISTI,TX 78410 SOUTH --------------WU6UkliV1fk1i U§hFlz------------------ tX Y84 16----------96-Lif ft-------------- -------- -------------- .................. (f 0 -CHRISTI, §eftFaSTI,TX 784 10 SOUTH ---------------­------- - . - 16----------g6. ............. 5 101383000480887---------- tx�il4 t-ffff -------- -------- ----------------------- ...... . ------ mffodfikfSyl!TX 78410 SOUTH --------------- .... ---------------------------------------------------------------------------!.... --------------------------------- El Customer Initials Champion CHAMPION Initials v .r AMENDMENT TO RETAIL POWER SALES AGREEMENT ATE AUGUST 24,2010 BETWEEN CHAMPION ENE SERVICES,LLC AND CORPUS CHRISTI,CITY OF.TO RENEW CURRENT AGREEMENT THE PRICE A IM BELOW. Customer. CORPUS CI IRISTI,CITY OF Contract ate: Augmt34,2010 A endent ate: cccbcr 17,2013 E F 1T"D"-Continued Delivery olnt(s) No. ESI ID Service Address City,State and ZIP Con estion Zonc 8 1013630 81026 WOLF C CLEAR FO D CORPUS CHRISTI, 78410 SOUTH _..---.______________________ _________________ _ a7 ®1013830 081042___________ iWOLFC EK C PUSC RISTIo 78410_®_®------5 of ff- ------ 1013830 81059 IVER/OLOSIVER--------------------C USCFIRTSTI,___78410 _ _ 50 -------- - - - -- - --------- ----- -- ----- : _ _ _,,---------_. . --__-_- - - - ----..------------------- 11 IOC3B30 81067 OLDS RIVER CO US CRISTI. 78410 _ SO ............... .. °-- ----- ----°-----_--. --__ ....------ --------------- 12 081075- PEACHC EK CORPUSCHR15T1, 78410' ®®®® 50®® H® -® ®-® ____ --------------- -- -..._- 13 _ 101383000081083 RED RIVERMEACH CRK CT a a CORPUS CHRISTI.TX 78410 - - SOUTH ------ - ----- - - -- - -- - - - -- -- ------ -- _......---- -- - ------ gaff-- .... 14 1013$30 81491 kNVl RON[LA CRK__ CO US CHRISTI,®®®78410 50 FI -------- - - - -- - - - ------------ -- ----------- ------------.____-_------------- IS 1013830 081109 W O RIVE_®® DRIVER "' CO®® 5CHRISTI® -®76410--_. 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CORPUS CFIRISTI,CITY OF Contract Date. August 24,2010 Amendment ate® December 17,2013 EXHIBIT'° "-Continued Delivery Point($) No. E5I ID Service Address City,State:grad ZIP Caetgestioo Zotae 67 1013 83000180026 WOOORIVE OIL ENTRANCE CORPUS CHRISTI. 78410 5O3 H 68 ______10138300018® 34 ®._._.®RIVER ARK AND BEALDR CORPUS CHRISTI. 78410®..®..®.. 5OH______________11- 64 10138300018 42 GUAOALUPE RIVER R CORPUS CHRISTI,TX 78410 ------FI ...................................°.______.._.-..:: :::.,:,__________-__::____________________________________________----- 70 10138300018 59 R1 VER PA I)R/PA CO US CHRISTI,TX 78410 SOUTH 7.1_ 101383 ..___ ______________________ ________________------------- 0067 -® WJOOI7R[VRlGUAOALUPE IV CO fDS C1-!RISTI,-®®7410 SO Ii .................................... 7�_______1®13830__18__75______________ [V WkW6-k VCR PA IC.. ________W PIJS H IS TI, 78410 SO f1 1.11 73 ___10138340®180083______________SPRINGC® EK/1]____ESOR....., CORPUS CHRISTI,TX 78410 SOUTH T4_____-®6®6383 _780041 .............. 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CO U5 CHRISTI„ 78410 SO ff 81® 10138]0 192740 RIVER ROCK ADM ROVER R CO US C!{RISTI„ 78410 SO !I 82 1013830 192757 RIVER R R AD1®RIVE CO US CHRISTI„ 78410 SO if 1-1 3®__®_®®10138300192765_®_ RIVERWAYANORIVERSIDE CORPUS CHRISTI,TX 78410 SOUTH -------------- . __°_®.__--- _.__._..___._._.._..__.__.__....._.___._______________........_ 84 1O1383D 194084 . _ S'L1A OYAC __._,,.,.W.. CO U5Cf1RIST[, CX784f0 SO H 85 1013630 194092 5 ES CORPUS CfiRI--- 78410 SOUTfI 86 1013830 194100 5 E "O ANOLAVACA RV CORPUS CHRIST[, 78410 SOUTH S7 _______14_.._ ____________________ _„,.................., ......._.....d,.,___.__.------------------------------------------ 1383000194118 SL! ELAN CORPUS CHRISTI,TX 78410 SOUTH ____----- 88 _______141383000194886-------------- 1 �E, � �� $���0_.,... .,.,________� _�S� I °I°I,°I'Jt78410_________5®___ _____ 89-------141 383°__� 80 ______________ E-66-9 f 1i 5f1�lV it --------__�_..________________.___________________.............. CO US CffRISTI, 784!0 SOUTH __1949®d______________R ________._._____............. °a OFSHOSI�ONEOR __ ... CO ® USCfIRISTI,___78410 SO F1 91 101383 1949[0 PECOS ANO PIAµ. V 10Rµ,. .' CORPUS CHRISTI,TX 78410 SOUTH .....,..,....,..„,,., , .,,_r,,.,w.__.__..,;a.. ____________________________________------------- *________!®1383 ®®19492 --------------- IOf][,ECDFPLA ERV k COR U5Cf{RISTI, 78410 SO Fl 93 _. --1463830��194936 --__.__._�� ,„__°__._.°__°,..°.__°. _, .,..,.,. _.__.__°_„°__.__._.__°.__°°__._._°____________________________ _._ OF PLATTE RV OR CORPUS CHRISTI,TX 78410 SOUTH [ST16 SO H OUCFI 5Ff --------- ------ _.?._I® ___Of3830 !97186 SURIVER E AST ANOROCK OR. 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"_.__.°®..__ _®_______________________________________________ US CHRISTI. 78410 SOUTH _ _____ _________ 107 1013834 267815 SEAL OI L:d FELLOWS CO iIS C RISTI, 78410 SO Fi 1613830 n® _________________________.,..,..,.:________________,.:.____________________________________________________ �69C26 7HOREAU OR CO US CHRISTf, 78410 SO H _,.,._°®_®._®..®_.®,:,..,..,.__®_°®_.._°®_°®____________________ _____,.,,.,.,.,................_......,......... ._......®.____..._._______- ............ l®9 1013830 264167 5A A TRUI3SlI3EAL CO U5 CHRISTI, 78410 SOUTH !{4 1Ot3830 269589 SA A GERTRU[7C5 COY'US CHRISTI, 78410 sour" ill._._®®°16C383®0427®l4D®____.___®_________...„,..,...._...____®°. ,,..____._ ____________________________ TEALI7R _______ ®'11SCHRISTI,___78410 SOUTH ______________ !l2 10138306®270157 RIVE C PUS CHRISTI,___78410 _________S------H 613.......1413B34U4f2TI11658°-------------__PI SI3 ----------------------------------C OPUS CH ISTI,T 76410 _________S __H______________ 1l4_______161383D441?T0173______________ �ltlt�ll'� V m ®IWER�VALIG .............. e6woo °"__...._..........._..._._____.............__. 4DS CfHRHSTEI 78410 SO fl I I S 101383 270462 PITDS LDR C ORP US CHRIST[,TX 78410 SO H 116 101383 270889 RIVEfI WALKfENO CORPUS CHRIST[, 78410 SOUTH H 7 1013830 271243 E RIVERVIE 'GERONIIvfO®H) _ CO US CFIRISTI, 78410 SO if Jig 1013830 271244 GERON[M1O I3R/GLIAOALUE CO U5 CfIRISTi, 78410 SOUTH 119 1013$30 271246 WHITCvflAN C{!t/OIUAOALUPE CO US CHRISTI, 78410 SO fH ®--___.,.y®__ °__°-_°°-°-..__.-°°______ _____..............----------------......w,.................................................. l®6 10{383060271248 WFI[TEIv1A CIR C(D US CfIR15T1,TX 78410 SOUTH 11-1 l21® 101383000271249 GUADALUPE RIVERlf3ALLA CORPUS CHRISTI, 78410 SOUTH 1226 1013830 271250 GUAI3ALUPERIV/`WO St7Ri ______ C 6 iffl]j§CHR[STI,T78410 SO H ...„.vm..._________ ------------------_ _______ __.._..________.__._____________ 123- IOf383006272404 _______R� R�� EAST IF1�RVIPW CO USC1iR[ST1,___7 110 SOUTH 1 72411 ___________Rff Rc1C ®®ICI CYPRUS HAY®µ _ _ _ __.-CO PUS CFIRISTI, 7841Y--`®®.._.S ___I.1------------- 125 1013830002724!2 liIO CYPRUS AYC9l'y CORPUS CHRISTI, 78410 SOUTH Customer Initials Champion Initials CHAMPION cl E#PJM*f ®r AINIENWkIENT TO RETAIL POWER SALES AG EElIENT DATED AUGUST 24,2010 BETWEEN C A`IPION ENERGY SERVICES,LLC AN C PITS CFI RISTI,CITY OF.TO RENEW CURRENT AGREE,%I ENT FOR TH E PRICE AND TE MNI BELO%V. Customer: CORPUS CHRISTI,C—ITY OF Cot ct ale: August 24,2010 Amendment Dole: December 17,2013 EXHIBIT I' "-Continued eliwcry°Pofnl(s) No. ESl IO Service Address City®State and ZIP Canficstion Zone 126 101383 272483 THO AU CIRCLE CORPUS CHRISTI,TX 784 10 SOUTH !27 101383 272896 SA A UERTRIJ IS CORPUS CHRISTI,TX 78410 SOUTH 9999 128......-101383000273446 IRON RIVE ® IVER PAftIC ___._______®____________®..®®. _. _.°.®_______________ _®®_®.___®_®_.,_, USCkIRISTfl,TXT8410 50 H ®® 101383®®®273447__________®___i }J® ;�E1�____________-.__..®_ Ct7 0 S CkIRISTI,ty 78410 §1yLffft 130 id13B30 273448 IRON ffbE §A NtK UFRTRU r CO LIS CHRISTI,Tx 78410 SOUTH 13i 1013830 2805 RIVER IIILLS1Ck1A ILLY CO I!5 CHRISTI, 784699277 .. kl ____________®___________.:.___ __ __ _ ________.,____________________.9999.®......._.®® 132 1013$34 280545 CHATfLLY l]R CO US CHRISTI, 784699277 SOUTH __®°_______________°_____________°_________________________°....._...__.....___....�_ --------------------------------------------------- 133 1013830 280546 CHANTILLY CORPUS CHRISTI. 784699277 H °__°__°________________________9999___........................ ..m®_o__m_®m®®_____®_o_______ 134 1013-3D 280547 CHANTILLYtCR055RIVER �O US CHRISTI, ------277 SO H ®®-135 ®®6 101 3 830 6 4280548 CROSSRIVER ®® ®COItPUSCHRISTI,TX784699277 SOUTH® .............. __®_________ [36 1013830 284549 CROSSRIVERlP fiIIJCrE_, 9999_®9999®9999__ CC1 USC1iRfSTi, 784699277 O fI ...................®..®.....------® _........____________.._.__._..__--- C37 101383000280550 _ P m 1_o O o®_m®_o__,,,,.__________________CORPUS CHRISTI. 7 699277 SOUTH l38__®®_m®101 383___X80551 ______________P T IEI�d}YYVIIiE .................... .._..,______.__.____..___________.._._._...._._-------- O US!7181571,TX 7-4699277 5O H E ®_11 __g RR4A„R. .®._®._®....®..®4 °____®__®°_-------------------------------------- ® US CHRISTI, 78410 SOUTH .......______________________________,._______------------ ________ ------------- 140 1013830 x80553 I3E ILFIU ENRRIEB CO U5 CFIR[571, 784699277 SO }I 141 1013830 x80554 U ENI3RIAR l3R CO U5 CFIRIS71, 784699277 SOUTH 147. .® .101383®®0280555°_____________ RE� RIfVRJCR55 RIVER"___________________,.____._._.®.__°._®....._%®_m®_m®_o®_®___®__o_________ °_____°_________________________________ _m®®m® __I--CHRISTI. 784699..77 SO H ________________________®..®..,,,..®..®.m..® ®_ 143 101383000280733 FM 666 CORPUS CHRISTI,T 75410 ®_®®®®®_®SOUTH ®_.®® 144 101383000282378 2397 CR 24/C W RLl)U CO US CHRISTI, 784699277 SOUTH __.._l®138300®28®379".° ®®2797 2OlAI7MIIV L ®.,.,.__________®9999__�,_______________________7________________.___.__.__._Did CORPUS CHRISTI, 784039277 SOUTH 146 1013830 282380 2397 CR 20fARAI I3L6 CORPUS CII16 5T1,V 784039277 50 FI 147 1013830 2$2381 2397 CR 20/LECHATE PI3MIP CORPUS ------ - 784039277 50 - f48 101383 282613 3614 FM1 1889 ROB STO ,TX 78380 SOUTH {Q9 1013830 282693 RIVED PARICfSA A UERTi�l1 CORPUS CHRISTI,TX 784699277 glyuf II 150 101383 282694 SA A UETRUI]ISlCfROLO CORPUS CHRISTI, 784699277 SOUTH ______„...._.®________®__®__®______________________ _______._......._......_.m®_.®_m®_m_®___m__ m®_®_ fl51 10!383-00282695 CIROLO DRIVE CORP 152 10!383040282757 CO S CHRISTI, 778844-699277 SOUTH SO H 9999___ --------- -------------- ®®6 1013834 283426 RALLA T O 5WOl�TH CfIRUSCHRIST[, 784699277 SOUTH .................................®_o®_m®_m_®_®____ ®______...___®_______®_______„„_____________.._.......____________.___------------- 154 1013834 283A27 WO SWORTFI CORPUS CHRIST[, 784699277 SO FI ®_.®m®®m®® _________________________ --------------LA®_._ M1Pm _. _------------------CORP1,}SCHRIST[®___784699277__ SO___I®1_ _____________ 156 IOl3$3U 283922 LA REKEFP lLAEMEAO CO USCHRISTI> 7-4699277------SO H 157 1013830"° 83913___ LA1GP M1 [JEE[YE`f ""®_..®____________®___ 7846 9927___________________________ ® f7 ®lJSFiEZ15T1>.® 784699277 50 F! 158°"_____I[613Ei30®1128A45y___ La �MflEf4Li(Lf4 .( _______°______________________________ 9999___ .__.°___________________ ____________ d�UEENE CORPUS CHRISTI, 78416 SO H .°._________________.,.__._u._,,,.__ _ _ ________._..__.._._...__..._....------m _m®_®929.2®mmo®_® [59 1013830 94456 LA HAWKINS CORPUS CHRISTI, 784699277 ®_®_m SOUTH lG®°"_____1013$306®2844".____ __________:.__.__,_,___,_____ _________________ __ _________.®..®.m.®m®®m®_m®®__®_m 57 LADE FIAVdkmfLAKE MIEAf3 CO US Ck1R[STI, 784699277 ®®®_®SO _ H-------------- _ t_,.,..................._ _..__.--------,.__.._......------®_m®_o®m_®_o®_m®__________________---------------------------- 101383060284458 ., :...............LLAKE ..,M:.E..A....r.P.E„..E,...].O„.N® CORPUS_CHRISTI,_TX 78469929797__®___ SOUTH_ H_RSTI __ 784_10 SOUTH ____ E ®_m®_m®_m®_®_m®_m® ___ IS , ® _ __ _____________________®___ 163 _ ®®101383000%84614®bg ®m®®WRIVERILA MIEAOw,.,o____ CO® US CHRISTI,TX 784699277 __ SCI___}1_ 9999_ 164 1013830 2 84616. .®_m®929_2®_W RIVERDRn._____ CORPUS CHRISTI, 784699277 SO H _®9999_®. ..................°._____®________®__________________ 165 !013834 284617 PE E IO ILA Aff Ehd5 _______ CO IJS CFIRISTI, 784699277 50UTFi "166W°-_-- 1013830 284618 _____________ A_,._AT E ,_.®. .. ,._®..®.______®____________________®____________.�_.._.._.._._._.__.__._...__- _ S CO US CHR15T1, 784699277 SOUTH 167,.. _m®_-101383®2_°+84619®® ® LAKE PALESTINE CORPUS CHRISTI, 784699277 SOUTH 9999___ _„.„,9.9,,.,99..®..®.._ __°____°_____°__ ___________®...__®®_m®__...-------- 1 1013830 29Q620 LA_ ATFIE7V5lLA CHAM7A CORPUSCHR1STl, 7 699277 SO II „______.._,_ �n„fi2r______________ ..__.,._______..._____...__________ _____________®99..9.9_._®..®._®mm®® ...._ 1013$30 �$4 A CF[AMfPAUNE CO U5 CHRISTI,TX 784699277 °®_m®Std o®�_m®® -Nd °"____101383®Of1i84622---- L�'°__,..____.___,.._____,.._____________ __.__. _.________ ____A TEXOMI;a ICE ATHENS _-- CO USCFfRIST}, 784699277 °__e_S�__FL_e__e_e___--- .._._ --------------- _m®_m_,m®_m___®_______________®_______________-------------- „1.71,," 7013$30 284623 FE ImII�C 11RB .............. e6 US CHRISTI, 784699277 SO H __________________,, „,.__,.._,._._..:«....._®m®_m®_m®_®_m®_m®_o®_m___®__________ _____®_________®9999®9999_ 172 1013834 284624 SILVER LA A ATIIEN5 CORPUS CHRISTI, 784699277 SO H 173 1013834 284625 SILVER COURTm, CORPUS CHRISTI, 784699277 SOUTH ,9.,.............. ___ _______________._._.._._.....„..®_._.___________------.__. fl4 10[3830 284626 _®__®__®p __Ey ION LAICE__r,______..®...®.®__®..®.CORPUS CHRISTI®___784699277®.____5 ___H_ ------------- 284886--------------RIVERk11L W LV U .®_ ®� -- SCE{81ST[o___784699277__..® 5O_._FI______________ 176 . 161383000 846 7 p _. .._ ION LAIC A .. .. 9999 CO 175 CHRIST[, 784699277 SO H – ________.,_______________________________________________9999_._..®__..®.__...__________ !77 1013830”"24955 �'...... FFIC LICakIT/624�CR9 CO U5 CHRIST[, 784699277 SO H .____X0138 300®285132..............13041d�40RffiWF5THLi7�3____________________if6�ij 9 ffiYfSTf,I N7641 d.........5®1_tTFI.------------- 1 101383dd6285175_ _._. _23rv,...__,,.___________,,____________________________________________________________°_s_°e...._.___.._ _ 97 CR 20lVALENZULA I[F 13l5IIOP,TX 78]4392?7 501171-[ „ 180 .._ 14138 __________°__°,.. __m...........................................m®m_®_m®_m®_m®_m®__®___®_______________--------- 3D 285519 FMP 624lCR 73 L LUFIT CO U5 CkiRlST1, 7 ID SO H [693E3UUIIa8 5G8-_ _____...°______ __ 5 ._........ ,6�4EmRIVERV[E CO USCHRC5TI, 7 10 _________St3 H ___,__.,__,,._.u_,.u.__. .__ 9999_ _______________________ 182 -.,____`41383404'85569 FM16i4�'RIVERT IL _e__e_______________ __ &- [ST1s___78410___...___Su_.. ...___________ 99---- 183., [01383004285577 -- Fiv12624/iRINlCI'[tI EFt--------------------------CO U5CIiRISTI®°° 78410--- FI_____----..__. 4 ®1013830 285576. . -F d24fW O8IVCYI ..................................C-0- US CFI------ ----- S0-1-m- i 13 Customer Initials Champion Initials CHAMPION ewAor 50W.9 ANIENDNIENT TO RETAIL POWER SALES AGREEMENT DATED AUGUST 24,2010 BETWEEN CHAMPION ENERGY SERVICES,LLC AND CORPUS CHRISTI,CITY OF.TO RENEW CURRENT AGREEMENT FOR THE PRICE AND TERM BELOW. Customer: CORPUS CHRISTI,CITY OF Contract Date: August 24,2010 Amendment Date: December 17,2013 EXHIBIT"D"-Continued Delivery Poinl(s) No. ESI ID Service Address City,State and ZIP Congestion Zone 185 101383000286281 FM 624 CORPUS CHRISTI,TX 784699277 SOUTH - ._...... - -- --- --- -......--- .. -----------86 101383D0028641 I Fm 624 Co us Chnsu,TX 784649277 SOUT[i _ 187 101383000286412 Street Light Fm 624 Corpus Christi,TX 784699277 SOUTH 188 101383000286413 Street Light Fm 624 Corpus Christi,TX 784699277 SOUTH 189 101383000286414 Street Lights Fm 624 Corpus Christi,TX 784699277 SOUTH 190 101383000286415 STREET LIGHT FM 624 Corpus Christi,TX 78410 SOUTH 191 101383000286416 ®_- — Street Lights On Fm 624 Corpus Christi,TX 784699277 SOUTH 192 101383000286417 Street Light Fm 624 Corpus Christi,TX 784699277 SOUTH 193 101383000286418 Street Light Fm 624 Corpus Christi,TX 784699277 SOUTH 194 101383000289328 Street Lights Wood Oaks B The River Corpus Christi,TX 78410 SOUTH For Gmcrgencics,Outages and Equipment Service,call your respective TDSP("wines"company)below. TDSP Service Area ESI ID Prefix Emergency Service CLnterPoint Houston&surrounding areas 1008901 (800)332-7143 (800)332-7143 TXUED(aka Oncor) North and West Texas including DFW 1044372 (888)3134747 (888)313-6862 AEP-CP&IJWTU Central,South and West Texas 1003278,1020404 (866)223-8508 (877)3734858 TNMP S.Central Coast,Far West and North TX 1040051 (888)866-7456 (888)866-7456 IN WITNESS WI I EREOF,the Parties,by their respective duly authorized representatives,have executed this Agreement effective as of the Effective Date. This agrccmcnt will not become effective as to either Party unless and until executed by both Parties. CORPUS CHRISTI,r 1TY O Champion Energy Services,LLC B By:. [Si a urc] [Signature] Name:Ron Olson Name Title:City Manager Title: Data December 17,2013 Date se j2 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 10, 2013 Action Item for the City Council Meeting of December 17, 2013 DATE: November 25, 2013 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution adopting federal legislative policy priorities for 113th United States Congress. CAPTION: Resolution Adopting the City of Corpus Christi's Federal Legislative Priorities for the 113th U.S. Congress PURPOSE: The City is being asked to develop a list of general guidelines and specific legislative proposals to advocate for and against during the 113th U.S. Congress, which convened on January 3, 2013, and will adjourn on January 3, 2015, following the completion of two annual sessions. BACKGROUND AND FINDINGS: The City's Intergovernmental Relations Department, Tom Tagliabue, and the City's federal lobbyist, Larry Meyers, presented policy topics to the City Council at the workshop on October 15, 2013. Council members made several suggestions for revisions to the proposed policy topics: 1. Provide additional information about the Marketplace Fairness Act to articulate the City's support and the potential financial impact it could have on City tax revenue. Detail:According to a May 2013 report on the Impact of Marketplace Fairness on Select Jurisdictions prepared by Global Insight for the National Association of Counties, the National League of Cities and the United States Conference of Mayors, the City of Corpus Christi missed out on more than $5.9 million in tax revenues from on-line sales from 2011 through 2013. A September 3, 2013, article in the Fort Worth Star-Telegram citing the same report, indicated Texas could have brought in $870 million more in sales taxes by taxing out-of-state online purchases. 2. Determine what federal agencies have permits pending from state and local governments and local businesses and industry and identify ways the City can assist in expediting permit review and approval. Detail: Intergovernmental Relations was unable to identify a centralized database or clearinghouse to identify pending federal permits from Corpus Christi agencies, businesses, and industries. According to the Corpus Christi Regional Economic Development Corporation, M&G Plastics, voestalpine, Cheniere, and OxyChem all have permit applications pending before various federal agencies. At the request of Council member Mark Scott, Intergovernmental Relations staff reached out to Mauro Finoglio of M&G Plastics as well as Frank Brogan, Managing Director of the Port of Corpus Christi Authority. Mr. Finoglio expressed appreciation for the City's support, but M&G has hired consultants working on its permitting issues. Mr. Brogan indicated the Port has several pending permits with the U.S. Army Corps of Engineers. Although there is no role for the City to play at this time, Mr. Brogan encouraged the City to communicate with the Port if it encountered similar problems with the Corps. According to City Engineer Dan Biles, City staff meets routinely with Corps staff in Corpus Christi to discuss any of the City's active permits. Mr. Biles believes City staff has a pretty good understanding of the Corps'review timelines and the Corpus Christi Corps office has been pretty responsive. 3. Add a provision to the Clean Water Act that allows for flexibility to evaluate replacement costs versus on-going maintenance and repair costs and allow the City to choose the most cost-effective, long-term solution. Detail:A provision has been added to the resolution: Support changes to the CWA that gives cities flexibility to evaluate replacement costs to repair and maintenance costs and determine the most cost-effective, long-term solution. 4. Revise the recommendation regarding the Harbor Maintenance Trust Fund (HMTF) to address strategic utilization rather than just full utilization. This will allow HMTF revenues to be prioritized for important projects. Detail: Specific provision the resolution has been revised: Support continued funding for the U.S. Army Corps of Engineers (USA CE) and ensure strategic utilization of the Harbor Maintenance Trust Fund for maintenance and dredging projects. 5. Gather additional information about the Biggert-Waters Flood Insurance Reform Act to determine impact to upland riverine areas as well as coastal areas. Seek assistance from entities like the U.S. Conference of Mayors and the National League of Cities. Detail: Confirmed that the Biggert-Waters Act involves both upland riverine areas and coastal areas. The City's Intergovernmental Relations office is communicating with the U.S. Conference of Mayors, the National League of Cities, Meyers and Associates and recently began working with The Coalition for Sustainable Flood Insurance. The Coalition, which includes the Cities of Galveston, Simonton, Bridge City, Dickinson, and Morgan's Point, recently requested the Obama Administration delay implementation of certain portions of the Act dealing with rate increases until FEMA submits its congressionally-mandated affordability report. The National League of Cities will be discussing the Biggert-Waters Act at the national convention November 13-16 in Seattle. 6. As mentioned during the October 15 briefing, staff removed an item related to a land transaction proposal after discussing the item with Navy officials. 7. Add language to the federal Transportation Reauthorization bill to designate State Highway 44 from the city limits of Freer east to State Highway 358 in Corpus Christi as a "Future Segment of Interstate 69". Detail:At the Alliance for Interstate 69 Texas Annual Meeting in Houston, officials from the Texas Department of Transportation (TxDOT) discussed the statutory requirement for Congress to officially designated SH 44 as a Future Segment of I-69 in order for future interstate signs to be erected by TxDOT. Making SH 44 part of the I-69 system would link the Texas-Mexico border in Laredo with three interstate highways (1-35, 1-37 and 1-69) and several ports (Port of Laredo, Port San Antonio, the Port of Houston and the Port of Corpus Christi). Rather than a stand-alone bill, TxDOT, the Metropolitan Planning Organization, the City of Corpus Christi, and the Alliance for 1-69 Texas will craft an amendment to the federal Transportation Reauthorization bill. Designation means the segment has been identified as a highway in need of upgrade to meet interstate standards. Designation does not come with any additional funding. ALTERNATIVES: The Council has several options: 1. Approve the resolution with no changes. 2. Approve the resolution, but revise it. 3. Remove some policy topics from the resolution. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: Legal Services, Assistance City Manager for Business Support Services, FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Project to Date Fiscal Year: 2014- Expenditures Future Year 2015 (CIP only) Current Year FY 14 TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: Staff recommends Council adopt the general and specific legislative priorities for the 113th Congress as revised. LIST OF SUPPORTING DOCUMENTS: 1. City Council Resolution 2. National League of Cities federal priorities 3. U.S. Conference of Mayors resolution for Marketplace Fairness Act 4. Coalition for Sustainable Flood Insurance letter to President Obama 5. Coalition for Sustainable Flood Insurance webpages Resolution Adopting the City of Corpus Christi's Federal Legislative Priorities for the 113th U.S. Congress WHEREAS, the 113th United States Congress convened on January 3, 2013 for two annual sessions and is scheduled to adjourn on January 3, 2015; and WHEREAS, the City of Corpus Christi and its residents, businesses, industry, governments, agencies and institutions benefit significantly from federal programs and services provided in the community and are greatly impacted by Congressional legislative activities; and WHEREAS, The City's Intergovernmental Relations (IGR) Department is responsible for monitoring state and federal governmental activities, developing legislative programs approved by City Council, managing the City's legislative consultant, and coordinating legislative activities with other public and private sector entities and municipal advocacy organizations; and WHEREAS, for about 20 years, the City of Corpus Christi has contracted with Larry Meyers of Meyers and Associates, in Washington, D.C., to assist with monitoring and advocating the City's federal legislative policy agenda; and WHEREAS, it is necessary to provide guidance for the City's officers and representatives in conducting the City's legislative efforts and relations; and WHEREAS, to be successful, this ever-evolving business environment requires close contact and constant communication with legislative leadership, external legislative consultants, municipal advocacy organizations, statewide municipal partners, community leadership, and community stakeholders; and WHEREAS, the City will communicate, collaborate and work supportively with the United States Conference of Mayors, the National League of Cities, the National Community Development Association, the Alliance for Interstate 69 Texas, and any other like-minded municipally-based federal organizations to further mutual goals; and Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council generally SUPPORTS federal legislation and/or administrative actions that: • Protect and enhance City revenues; • Reduce or eliminates costs to the City; Page 1 of 6 • Furthers local control; • Protects policies previously established by City leadership through Charter, ordinances, resolutions and master plans; and • Provides increased educational opportunities and job creation/retention for the citizens of Corpus Christi and the Coastal Bend region through the Port of Corpus Christi authority, public schools, community colleges and universities. SECTION 2. The City Council generally OPPOSES federal legislation and/or administrative actions that: • Undermine the principle of home rule and local control by the City; • Results in the loss of revenue or negatively impacts potential revenue growth to the City; • Diminishes the authority of cities to regulate and manage their growth and development; • Nullify or undermine the City's policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City's ability to manage its own affairs; and • Imposes unfunded mandates that requires any expenditures by the City unless all costs are fully reimbursed by the mandating governmental entity. SECTION 3. The City Council's federal legislative priorities for the 113th Congress include: Tax Policy • Oppose taxation of the interest earned by investors in bonds issued by municipalities and other local governments. • Support the Marketplace Fairness Act authorizing state and local governments to collect taxes owed on Internet and mail-order sales. Housing and Urban Development (HUD) • Support increases and oppose further reductions in funding for Community Development Block Grants (CDBG), HOME (Home Investment Partnership) program, homeless programs. Appropriations • Support continued funding for existing City grant-recipient programs and monitor legislation impacting those programs. • Encourage Congress to pass annual budgets that prevents cuts required by the Budget Control Act. Military Installations • Support funding, staffing, and operations for the strategic missions at military installations in the Coastal Bend. Page 2 of 6 • Support efforts to enhance missions, operations, and contracting opportunities to increase their military value. • Support military construction funding as identified by base commanders and personnel. • Oppose furloughs of military and contract employees forced by federal budget sequestration or government shut-downs. Transportation Infrastructure & Development • Support re-authorization of MAP 21, the federal transportation bill for at least five years. • Support a sustainable source of revenue that will provide for stable funding for investment in transportation infrastructure and transit services. • Support continued funding through the appropriations process of the Transportation Investment for Generating Economic Recovery (TIGER) Grant Program. • Support continuation of and funding for the Transportation Infrastructure Finance and Innovation Act (TIFIA). • Support initiatives to fund construction and upgrades of existing highway infrastructure to interstate standards to complete Interstate 69 throughout Texas, specifically supporting an amendment designating State Highway 44 from Freer east to Corpus Christi as a "Future Segment of Interstate 69". • Support federal funding for construction of replacement of the Harbor Bridge (US 181) — a bridge of national significance. • Support funding for railroad system improvements and improve funding to maintenance dredging for the Gulf Intracoastal Waterway to improve the Port of Corpus Christi. • Support funding for freight rail that will improve the rail connectivity and make the rail system safer and more efficient, improve environmental sustainability and encourage competitive rail access to ports. • Support funding for the Federal Aviation Administration and Transportation Security Administration to continue to provide safe and efficient passenger and freight movement. • Support continued federal investment and priority into infrastructure to facilitate freight movement. • Support 1-69 being included in the designation of the National Freight Network now under consideration by the federal Department of Transportation. Gulf of Mexico • Support legislation, such as S. 1555/H.R. 3429 (Rigs-to-Reef Habitat Protection Act) or H.R. 6208 (REEFS Act) from 112th Congress, to prevent the U.S. Department of the Interior's destructive Operations Idle Iron program that weakens artificial reef creation. • Monitor Gulf of Mexico fisheries management proposals. Page 3 of 6 • Support implementation of the RESTORE Act. Environmental Protection Agency • Oppose overreaching, unrealistic, and unachievable standards and regulations for air, water, wastewater, and stormwater. • When appropriate and when requested, assist state and local governments and local business and industry to secure necessary permits from EPA, USACE or other federal agencies. • Support appropriations to EPA to allow the agency to invest and serve as a partner to municipal governments for construction and rehabilitation of infrastructure to achieve air, water, wastewater and stormwater goals. Clean Water Act Renewal • Support renewal/reauthorization of Clean Water Act • Support changes to the CWA that incentivizes investments in municipal infrastructure to achieve improvements in water quality. • Support changes to the CWA that gives cities flexibility to evaluate replacement costs to repair and maintenance costs and determine the most cost-effective, long-term solution. • Support integrated planning initiatives to reduce sanitary sewer system overflows (SSOs). Water Resources Development Act (WRDA) • Support renewal of WRDA, including repeal of earmark ban. • Support continued funding for the U.S. Army Corps of Engineers (USACE) and ensure strategic utilization of the Harbor Maintenance Trust Fund for maintenance and dredging projects. Higher Education • Support funding for academic and scientific research, student financial aid, and other federal initiatives that strengthens Coastal Bend higher education institutions. Appointments • Support prompt appointment and confirmation of a qualified, permanent U.S. District Judge for the Corpus Christi District to assure due process and equal justice under the law. Flood Insurance • Support amendments to the Biggert-Waters Flood Insurance Reform Act that delays implementation of the National Flood Insurance Program (NFIP) premium increases to consumers and ensures adequate policy coverage at affordable rates. SECTION 4. The Legislative Priorities remain in effect until amended by the City Council. Page 4 of 6 SECTION 5. The City Manager is directed to distribute these Legislative Priorities to the local legislative delegation, legislative leadership, external legislative consultants, municipal advocacy organizations, federal municipal partners, community leadership, and community stakeholders to solicit their advice and support. This resolution takes effect upon City Council approval on this the Tenth day of December, 2013. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas Tenth of December, 2013 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Page 5 of 6 Colleen McIntyre Lillian Riojas Mark Scott Page 6 of 6 NATIONAL 2013 LEAGUE of CITIES Q" Ryt � � r FIX THE NATION'S BROKEN IMMIGRATION SYSTEM NLC calls on the federal government to adopt a strong and consistent national immigration policy that balances national security needs with renewed efforts to grow the nation's workforce, stimulate economy recovery, and remain competitive in the 21 st century global marketplace. America's immigration system is failing our cities and our economic future. Local governments are caught in the middle of the national debate with no control over the regulation of immigration but with the responsibility for integrating immigrants into our communities and providing the services necessary for stable neighborhoods. Municipal leaders join with civic and business leaders to highlight the economic necessity of comprehensive immigration reform. It is time for Congress to acknowledge the economic vitality that immigration brings to this notion and adopt a reform policy that supports secure borders and a path to citizenship for the millions of immigrants currently contributing to our local and national economies. Comprehensive reform will provide cities and towns with the support needed to integrate immigrants into their communities and allow them to make both cultural and economic contributions to the notion. REQUEST FOR CONGRESS IGRATION REFORM FACTS AND THE ADMINISTRATION FIGURES • Immigration is a powerful tool for ssing the DREAM Act would add$329 billion to innovation and economic growth U.S.economy,create 1.4 million new jobs by 30 and result in an additional $5.6 billion in throughout the notion's history, ate and federal household income tax revenue reform will grow the economy 'artnership for a New American Economy Center and allow the undocumented to r American Progress) participate fully in local economies. migrant business owners contribute more than • Without reform,local low billion dollars in revenue to our annual Gross enforcement must carry out federal Domestic Product and employ I out of every 10 American workers at privately-owned companies responsibilities,which diverts across the country. (Partnership for a New scarce public resources and creates American Economy) challenges to local public safety. ? 4004 Despite accounting for just 12,9 percent of the • Reform must include resources U-S,population,immigrants started 28 percent of to assist local governments with all new U.S. businesses in 2011. (Partnership for financial and technical assistance a New American Economy) to alleviate the local impact of new In the 25 largest metropolitan areas combined, immigrants. foreign-bom workers are responsible for 20 percent • It is imperative that Washington of economic output and make up 20 percent of the population. (keystone Research Center) act now to pass comprehensive immigration reform. END THE ONLINE SALES TAX "BREAK" NLC calls on the federal goyernment to enact the Marketplace Fairness Act to /eye/the playing field between e-commerce and brick-and-mortar retailers by giying state and local goyernments the authority to collect sales taxes on remote sales. While the Internet creates exciting new marketplaces, it also has put traditional retail outlets at an unfair disadvantage because of outdated and inequitable tax and regulatory environments.The Supreme Court's decision in Quill Corp. v.North Dakota,504 U.S. 298 (1992),left state and local governments unable to adequately enforce their existing sales tax laws on sales by out-of-state catalog and online sellers.The Court,however,explicitly stated that Congress had the constitutional authority to enact legislation overruling its decision.Thus,if Congress acts upon its authority to regulate interstate commerce,state and local governments could collect taxes owed on Internet and mail order sales amounting to$23 billion. In recent years,Main Street retailers have become local showcases for remote purchases by customers who believe they get a discount by not paying sales tax. On the contrary,these consumers are required to pay the applicable sales tax for their online purchases. While the brick-and-mortar retailer collects the sales tax at the time of purchase in a store,right now the responsibility shifts to the Internet customer who is supposed I III I JJ111111U19iu»»1 A J�JJg�,�� , �, �� T �� to pay the sales tax when filing his or her annual state tax return. However, most taxpayers are not aware of this responsibility and state and localities do not have the resources to enforce sales taxes on online sales 11 i .for This puts Main Street retailers at a five to ten percent competitive rice disadvantage payment. p p p p 9 localgovernmeits that can bei. to remote sellers.Congress should provide state and local governments the option to collect the c recovery efforts. sales tax already owed under current law. Main Street retailers J i by law t �ollect tax g to on(�(4//merchan REQUEST FOR (ONGRESS AND THE ADMINISTRATION t the rapid growth 'm etition f • NLC calls on Congress and the Administration to give states and local governments //// Yfx�� them on rng the flexibility to collect the taxes owed to them on remote online purchases—not raising existing taxes or imposing new ones by enacting the Marketplace Fairness Act (5.336/H.R.684). • These sales taxes are already owed and that should be collected so they can support the delivery of basis services like infrastructure and public safety,without increasing Il�,li the federal deficit. NLC calls on the federal goye-r meat not to limit in any way the income tax exemption f®r municipal bonds. As the Administration and Congress look for revenue to reduce the deficit and fund programs,the federal income tax exemption provided to interest paid on state and municipal bonds is under threat. In addition to increasing taxes, revenue can be raised by expanding what is subject to being taxed (broadening the base); in this case, interest paid on bonds issued by local governments currently not taxed would be included as income. This exemption has been in place since the federal income tax was instituted in 1913.It is the primary financing mechanism for state and local infrastructure projects,with three-quarters of the infrastructure projects in the U.S.built by state and local governments,and with over$3.7 trillion in outstanding tax-exempt bonds,issued by 30,000 separate government units. Local governments save an average of 25 percent to 30 percent on interest costs with tax-exempt municipal bonds as compared to taxable bonds.These savings arise because investors are willing to accept lower interest on tax-exempt bonds in conjunction with the tax benefit.If the federal income tax exemption is eliminated or limited,states and localities will pay more to finance projects,leading to less infrastructure investment,fewer jobs,and greater burdens on citizens who will have to pay higher taxes and fees. //// ' // FACTS MUNICIPAL BONDS "' " • With the current tax exemption,cities can issue bonds F' with interest payments 2 percentage points lower than on taxable bonds. a w "' • The tax exemption has been in place since the first federal income tax was implemented in 1913 and has 5 fii financed trrllionsof dollars of public investment. �,,,,, �, ,,,, � �/�, I� • Tax-exempt bond issuance has remained staJbI!,�,�rr��?ar�d � TQ GDP over the past l 0 years�veraging'bFyrttj d4$ �r, r V/0"brcent,and has actual) dec ed since tlf 14$Os The need for infrastructure investment—and the jobs that come with it—is acute.Much of this need must be met by states,counties,and cities.Tax-exempt municipal bonds are the primary tools and one of the most efficient ways for doing so. REQUEST FOR (ONGRESS AND THE ADMINISTRATION • Preserve the tax exemption for bonds;it is not a special interest loophole. • Tax-exempt bonds are how local governments finance infrastructure projects. • Three-quarters of all public infrastructure projects in the U.S.are built by states and localities and paid for with tax-exempt bonds. • If the tax exemption is eliminated or reduced,hometowns will pay more to finance projects,leading to fewer projects and jobs,or will have to raise taxes. FEDERAL(ORE PRIMPLES FUND MANDATES When requiring state and local activity in a given area, the federal government should provide adequate funds to address the fiscal impact of those policies. Federal policies should not mandate new costs for local governments without considering the increased financial liabilities and including reimbursement mechanisms to minimize disproportionate responsibilities. RESPECT LOCAL AUTHORITY Activities such as franchising, zoning, issuing permits and licenses, and establishing local codes are fundamental responsibilities of local governments. Federal policies should respect these activities and not preempt local authority to protect the health, safety and welfare of local residents. Additionally, the federal government should defer to municipal authority regarding fundamental employment decisions and mandating specific working conditions. PROMOTE THE INTERGOVERNMENTAL PARTNERSHIP A well-functioning intergovernmental system offers significant opportunities for all levels of government to serve the nation's citizens more effectively. Federal grant programs, regulatory requirements, funding formulas and other practices should promote cooperation at the local and regional levels. The intergovernmental partnership must be strengthened to provide a framework for economic growth that also preserves important principles of freedom. NATIONAL LEAGUE of CITIES 1301 Pennsylvania Avenue, NW I Suite 550 1 Washington, D.C. 20004 1 www.nlc.org 80th Annual Meeting Adopted Resolutions Page 1 of 1 �< All ill: lgwiiii NUNN MEN i;i 11 ME I w 1• j i j IN SUPPORT OF THE MARKETPLACE FAIRNESS ACT fREAS,all businesses should be required to pay applicable state and local sales tax; and REAS, many online retailers have thus far circumvented collecting sales taxes on internet-based commerce; and I REAS,this tax loophole is unfairly advantageous toward online retailers and results in both the loss of tax revenue for state and local mments and market conditions that are unfavorable for Main Street and"brick and mortar"small businesses; and REAS,the bill,S. 1832,the Marketplace Fairness Act,was introduced in the Senate in November 2011 by a bipartisan coalition of Senators; REAS, state and local governments stand to collect approximately$23 billion in owed tax revenue annually from internet-based commerce Ping enactment of the Marketplace Fairness Act; and REAS,this additional revenue,which is already required to be paid,would go a long way towards assisting local governments to provide ,ed services to their citizens. THEREFORE, BE IT RESOLVED,that the U.S. Conference of Mayors commends Senator Michael Enzi,Senator Richard Durbin,and for Lamar Alexander,the co-sponsors of the Marketplace Fairness Act,for their leadership in assisting local governments through this lation; i fl FURTHER RESOLVED,that the U.S. Conference of Mayors urges passage of legislation embodying the principles and key provisions of the etplace Fairness Act. RESOLUTION ADOPTED JUNE 2012 l http://usmayors.org/resolutions/80th—Conference/metroO 1.asp 11/11/2013 November 1, 2013 The President The White House Washington, DC 20500 Dear Mr. President: The undersigned organizations write to you to express serious concerns over dramatic increases in flood insurance premiums as a result of recent changes to the National Flood Insurance Program (NFIP). Provisions included in the Biggert-Waters Act of 2012 will make flood insurance unaffordable for working Americans who have built homes and businesses to code and followed the law every step of the way. We urge you to delay implementation of certain portions of Section 205 and all of Section 207 until FEMA submits its congressionally-mandated affordability report under Section 236. This affordability study is imperative to understand the full scope of impact, and a federal agency should not pick and choose which parts of a law it can or will implement. The Biggert-Waters Act of 2012 phases-in full actuarial rates on non-primary residences and businesses built before the first flood maps were established (pre-FIRM). It also requires that home buyers escalate immediately to the full rate upon purchasing a pre-FIRM primary residence. The Biggert-Waters Act will also phase out grandfathering. This means that properties built in accordance with all FEMA required elevations and applicable codes at that time may now be considered out of compliance, through no fault of their own, due to new flood mapping. FEMA has begun the phase-in for pre-FIRM properties, including homes purchased after enactment, and already we are seeing rate quotes for unaffordable increases and a chill in local real estate markets. In numerous instances, homes and businesses built to code and with no history of flooding are facing 2,000-3,000%increases in annual premiums.This drastic increase in premiums will cause property values and assessments to drop, bank mortgages to go into default, local tax bases to erode, and economies to be eviscerated. Ironically, while these increases were intended to make the NFIP solvent and protect taxpayers, it could have the opposite effect if business and homeowners are forced to drop flood insurance completely or face foreclosure as a result. Severe repetitive loss designated properties notwithstanding, we respectfully urge you to administratively delay implementation of rate increases on all pre-FIRM businesses, non-primary residences, and homes purchased after enactment of the Biggert-Waters Act of 2012, as well as the purchase provision on all pre-FIRM primary residences. We also respectfully urge you to delay Section 207 in its entirety until the congressionally-mandated FEMA affordability study is completed and its recommendations are considered by Congress. Finally, please consider urging FEMA to hold a summit of industry stakeholders to consider long-term solutions to the sustainability of the National Flood Insurance Program. The undersigned organizations support a fully authorized, sustainable, and fiscally responsible NFIP. However, fiscal sustainability must be balanced with protecting the businesses and homes built according to code and following all applicable laws. We understand and support the intent of the Biggert-Waters Act, but unintended consequences of the reforms threaten to harm the very people the program was designed to protect. Sincerely, American Shrimp Processors Association Bay Area Houston Economic Partnership Houston,TX Community Associations Institute Bayou Board of REALTORS® Independent Community Bankers of America Houma, LA National Association of Counties Bayou Industrial Group Thibodaux, LA National Association of Home Builders BayTra n National Association of REALTORS® Houston,TX National Levee Issues Alliance Berkeley Township Taxpayers Coalition Bayville, NJ National Waterways Conference Bismarck Mandan Home Builders Alabama Bankers Association Bismarck, ND Alabama Gulf Coast Chamber of Commerce Bonita Springs Area Chamber of Commerce Bonita Springs, FL Algiers Economic Development Foundation New Orleans, LA Bonita Springs Estero Economic Development Council Apartment Association of Greater New Orleans Bonita Springs, FL & Louisiana Bridge City Mayor Kirk Roccaforte Arkansas Bankers Association Bridge City,TX Ascension Parish President Tommy Martinez Broad Channel Civic Association Ascension Parish, LA Queens, NY Associated Risk Managers International, Inc. Builders and Remodelers Association of Greater Itasca, IL Boston Waltham, MA Baton Rouge Area Chamber Baton Rouge, LA Builders Association of Minnesota Business Alliance for a Sound Economy East St.Tammany Chamber of Commerce Wilmington, NC Slidell, LA Calcasieu Police Jury President Shannon Spell Eden Isles Homeowners Association Calcasieu Parish, LA Slidell, LA Cameron Parish Police Jury President Darryl New York City Council Member Eric Ulrich Forque New York City Cameron Parish, LA Fargo Moorhead Area Association of Central Fort Bend Chamber REALTORS® Rosenberg,TX Fargo, ND Central Louisiana Board of REALTORS® Fargo Moorhead West Fargo Chamber of Alexandria, LA Commerce Fargo, ND Chamber Southwest Louisiana Lake Charles, LA Fargo Mayor Dennis Walaker Fargo, ND Charleston Mayor Joseph P. Riley Jr. Charleston, SC Flood Maps Projected Insurance Hikes Opposition Group CNS Farming Company St. Charles Parish, Louisiana Concordia Parish, LA Florida Association of Counties Coastal Alabama Partnership Florida Bankers Association Colorado Bankers Association Florida REALTORS® Concordia Chamber of Commerce Concordia Parish, LA Forx Builders Association Grand Forks, ND Concordia Economic& Industrial Development District FSC Interactive Concordia Parish, LA New Orleans, LA Community Advocacy Network Galveston City Manager Michael Kovacs Margate, FL Galveston,TX Dawson Insurance Galveston Mayor Lewis Rosen Fargo, ND Galveston,TX Dickinson Mayor Julie Masters George Kasimos Real Estate, LLC Dickinson,TX New Jersey Eastern Shore Chamber of Commerce Greater Baton Rouge Association of Daphne, AL REALTORS®, Inc. Baton Rouge, LA Greater Fort Polk Area REALTORS® Independent Insurance Agents& Brokers of Leesville, LA Louisiana Greater New Orleans Foundation Independent Insurance Agents of Mississippi New Orleans, LA Indiana Bankers Association Greater New Orleans, Inc. Jean Lafitte Mayor Timothy P. Kerner New Orleans, LA Jean Lafitte, LA Greater Tampa Chamber of Commerce Jefferson Chamber of Commerce Tampa, FL Jefferson, LA Gulf Shores& Orange Beach Tourism Jefferson Parish Economic Development Gulf Shores, AL Commission Avondale, LA Habitat for Humanity of Louisiana State Support Organization, Inc. Jefferson Parish President John Young Jefferson, LA Hammond Area Economic& Industrial Development District Lafourche Advocates for Flood Insurance Hammond, LA Reform Lafourche, Louisiana Hammond Industrial Development Board Hammond, LA Lafourche Chamber of Commerce Lafourche Parish, LA Hancock Bank Mobile, LA Lafourche Parish President Charlotte Randolph Lafourche Parish, LA Harvey Canal Industrial Association Harvey, LA Livingston Parish President Layton Ricks Livingston Parish, LA Historic Charleston Foundation Charleston, SC Livingston Board of REALTORS® Denham Springs, LA Home Builders Association of Fargo-Moorhead Fargo, ND Long Island Association, Inc. Home Builders Association of Greater New Louisiana Association of Chamber of Commerce Orleans Executives New Orleans, LA Louisiana Bankers Association Home Builders Association of Mississippi Louisiana Floodplain Management Association Houma-Terrebonne Chamber of Commerce Houma, LA Louisiana Home Builders Association Representative Greg Cromer Mayor Larry'Butch' Brown Chairman, Louisiana House of Representatives Natchez, MS Insurance Committee Natchitoches Board of REALTORS® Louisiana Mortgage Lenders Association Natchitoches, LA Louisiana Municipal Association NC 20, Inc. North Carolina Louisiana REALTORS® New Hamilton Beach Civic Association Senator Dan Morrish Queens, New York Louisiana State Senate Insurance Committee New Jersey Bankers Association Mariner Village Townhome Association Pasadena,TX New Jersey State Chamber of Commerce Marshfield Citizens Coastal Coalition New Orleans Mayor Mitch Landrieu Marshfield, MA New Orleans, LA Massachusetts Association of REALTORS® New Orleans Metropolitan Association of REALTORS® Massachusetts Bankers Association New Orleans, LA Minnesota Association of REALTORS® North Dakota Association of Builders Minot Area Chamber of Commerce North Dakota Association of REALTORS® Minot, ND Representative Roscoe Streyle Minot Association of Builders North Dakota State House of Representatives Minot, ND North Lafourche Levee District Minot Mayor Curt Zimbelman Thibodaux, LA Minot, ND Northeast Louisiana Association of REALTORS® Mississippi Association of REALTORS® Monroe, LA Mississippi Bankers Association Northshore Area Board of REALTORS® Folsom, LA Mississippi Gulf Coast Business Council Northshore Business Council Mississippi Gulf Coast Chamber of Commerce Slidell, LA Mobile Area Chamber of Commerce Northwest Louisiana Association of REALTORS® Mobile, AL Shreveport, LA Morgan's Point Mayor Michel Bechtel Ortey Beach Voters Taxpayers Association Morgan's Point,TX New Jersey Pass Christian Mayor Leo "Chipper" McDermott Simonton Mayor Daniel McJunkin Pass Christian, MS Simonton,TX Plaquemines Association of Business& Industry Skippers Cove Association, New Jersey Belle Chase, LA Slidell Economic Development Association Plaquemines Parish President Billy Nungesser Slidell, LA Plaquemines Parish, LA South Baldwin Chamber of Commerce Baldwin, AL Port Monmouth, NJ - Flood Relief Group South Central Industrial Association Port of South Louisiana Houma, LA Rapides Parish Police Jury South Lafourche Levee District Rapides Parish, LA Galliano, LA REALTOR®Association of Acadiana South Louisiana Bank Lafayette, LA Houma, LA Red Hook Civic Association South Louisiana Economic Council Brooklyn, NY South Shore Chamber of Commerce RE/MAX Commercial Brokers, Inc. Rockland, MA Rellim Surface Management, LLC Southwest Louisiana Association of REALTORS® Lake Charles, LA Restore or Retreat Thibodaux, LA St. Bernard Chamber of Commerce Chalmette, LA River Region Chamber of Commerce La Place, LA St. Bernard Economic Development Foundation St. Bernard, LA Saints Board of REALTORS® Laplace, LA St. Bernard Parish President Dave Peralta St. Bernard Parish, LA Save Our Communities 2013 Brick, NJ St. Charles Parish Assessor Tab Troxler St. Charles Parish, LA Scituate Coastal Coalition Scituate, MA St. Charles Parish Economic Development Council Seabrook Mayor Glenn Royal Seabrook,Texas St. Charles Parish President V.J. St. Pierre,Jr. St. Charles Parish, LA Simonton City Council Simonton,TX Stop FEMA Now-Cape May County Stop FEMA Now—Florida Stop FEMA Now—Georgia Tangipahoa Parish President Gordon Burgess Stop FEMA Now—Hawaii Tangipahoa Parish, LA Stop FEMA Now—Louisiana Terrebonne Parish President Michel Claudet Terrebonne Parish, LA Stop FEMA Now—New Jersey Thibodaux Chamber of Commerce Stop FEMA Now—New York Thibodaux, LA St.James Parish President Timothy P. Roussel Tybee Island Mayor Jason Buelterman St.James Parish, LA Tybee Island, GA St.John the Baptist Parish President Natalie Valley Stream Community Association, New Robottom York St.John the Baptist Parish, LA Vermilion Parish Police Jury President Nathan St. Martin Parish President Guy J. Cormier Granger St. Martin Parish, LA Vermilion Parish, LA St. Mary Parish President Paul P. Naquin,Jr. Vermont Bankers Association St. Mary Parish, LA Vermont Flood Insurance Reform St. Petersburg Area Chamber of Commerce St. Petersburg, FL West 12th Road Block Association Queens, NY St.Tammany Economic Development Foundation Vidalia Mayor Hyram Copeland Mandeville, LA Vidalia, LA St.Tammany Parish President, Pat Brister Waveland Mayor David A. Garcia St.Tammany Parish, LA Waveland, MS St.Tammany West Chamber of Commerce Whitney Bank Covington, LA New Orleans, LA Sullivan, Garrity and Donnelly Insurance Williston Area Builders Association Agencies, Inc Williston, ND Worcester, MA Wrightsville Mayor David L Cignotti Wrightsville Beach, NC Coalition for Sustainable Flood Insurance Page I of 4 • About C 5 El .. . . • Action Plan • Membership • Resources & Media • The Story • Ah.o We Ar.e. CSF1 coalition far sustainable flood insurance ............................ The coalition was created in support of a sustainable, fiscally responsible National Flood Insurance Program that protects the businesses and homeowners who built according to code and have followed all applicable laws. However, changes made to the NFIP in the Biggert-Waters Act of 2012 threaten to harm the very citizens the program was designed to protect. Action Items: • Submit Letters to the Editor— Attached you will find a SAMPI...E I...etter to the ........................................................................................................................................... Ed it.o.r that coalition members are encouraged to submit to their local papers. • Sign on to Letter to President Obama — We are finalizing the Letter to President Obama requesting that he administratively delay problematic portions of the law. The updated text of the letter is attached. Please let me know by COB Monday 10/28/2013 if your organization would like to sign on. http://csfi.info/ 11/11/2013 Coalition for Sustainable Flood Insurance Page 2 of 4 q ti II 1 . �i I I i i / o o Current Challenges Two major issues affecting the price of flood insurance are causing grave concern to coastal and riverine areas across the country: 1) Phase-Out of Grandfathering — The Biggert-Waters Act of 2012, which reauthorized and made substantive changes to the National Flood Insurance Program (NFIP), phases out grandfathering. That is, properties that were built in accordance with all FEMA required elevations and applicable codes at that time may now be considered out of compliance, through no fault of their own, due to new flood mapping. 2) "All or Nothing" Protection —New FEMA maps, which outline base flood elevation changes, do not currently recognize protection offered by unaccredited (less than 100 year protection) levees, or other elements (e.g., pumps) at all. For example, if a levee only offers 50-year protection, the property protected by this levee is considered as having no protection. http://csfi.info/ 11/11/2013 Coalition for Sustainable Flood Insurance Page 3 of 4 Potential Impacts • Home values go to zero; homeowners lose everything • Property assessments go to zero; parishes lose tax revenue • Bank mortgages go into default; banks are left with worthless assets • The NFIP program, itself, goes into a "death spiral" as people leave the program • The communities and economies of southeast Louisiana— and all of coastal and riverine America — will be made unviable �l Possible Solutions 1) Congress can amend the Biggert-Waters Act: • To reinstate grandfathering of properties (not policies) that were built to code, have maintained insurance, have not repeatedly flooded, etc. • To reflect an economically reasonable and slower increase in rates to actuarial rates 2) FEMA can work with local stakeholders to continue to develop and refine maps to accurately reflect flood risk in each affected community by taking into account nonaccredited levees and other features that afford flood protection http://csfi.info/ 11/11/2013 Coalition for Sustainable Flood Insurance Page 4 of 4 Key Questions of Financial Structure and Management On August 8, 2013, GNO, Inc. hosted a roundtable with David Miller, FEMA Administrator for Flood Insurance and Mitigation, the Louisiana Congressional delegation and multiple Parish Presidents and officials. During the meeting, several questions were raised regarding the financial structure and management of NFIP that went unanswered. These issues, along with a lack of publicly available data, have raised serious questions about whether NFIP reforms were implemented based on complete information and analysis. With this in mind, GNO, Inc. was charged with producing a briefing to find answers to key questions of financial structure and management. The following paper identifies the questions posed to FEMA, their responses, resulting analyses, and remaining issues: �^`IP_Rep For more information about the Coalition for Sustainable Flood Insurance, please contact Caitlin Berm at bernj.('of c.or or 504.527.6980. Proudly powered by . . E Pl .s.s and ..M.2.&.En i st a theme by � k.j.gg Qqjj..n..d..e..z.. ..R S. Feed. ............................... http://csfi.info/ 11/11/2013 d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of December 10, 2013 2852 Action Item for the City Council Meeting of December 17, 2013 DATE: December 10, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m i keb(d)-cctexas.com (361) 826-3169 Michael Morris, Director of Park and Recreation michaelmo(a)-cctexas.com (361) 826-3464 Lease Purchase of Freightliner Truck CAPTION: Motion approving the lease purchase of one (1) Freightliner truck with Knapheide Forestry Body from Freightliner of Houston, Houston, Texas for a total amount of $90,870.00 of which $7,014.06 is required in FY 2013-2014. 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: This vehicle will be used by the Park and Recreation horticulture team to transport chipped/shredded trees and palm fronds. This unit has an enclosed cargo area to collect debris created by the tree chipper. This unit is a replacement unit to the fleet. BACKGROUND AND FINDINGS: Not applicable. ALTERNATIVES: The expected service life of this vehicle is 15 years. The table below contains the projected 15-year life-cycle-cost of each of the indicated engine types. The diesel engine proves to be the most cost effective option, costing $45,089.60 less over the vehicle's 15-year life cycle. Type of Engine Purchase Price Cost of Fuel Over 15 Years 15-Year Life ($1.22/diesel-gal.-equivalent for CNG& Cycle Cost $3.12/ al. of diesel CNG $142,697 $4,326.12 $147,023.12 Diesel $90,870 $11,063.52 $101,933.52 Difference: $45,089.60 OTHER CONSIDERATIONS: Financing for the lease-purchase of the Freightliner truck with Knapheide Forestry Body is based on a eighty-four month term with an estimated interest rate of 2.22% for an annual payment of $14,028.12. The total estimated cost over the seven-year period, including principal of $90,870.00 and interest of$7,326.84, is $98,196.84. 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. DEPARTMENTALCLEARANCES: Park and Recreation Department. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $209,701.30 $91,182.78 $300,884.08 Encumbered / Expended Amount $57,597.67 $0 $57,597.67 This item $7,014.06 $91,182.78 $98,196.84 BALANCE $145,089.57 $145,089.57 Fund(s): Park Operations Comments: The $7,014.06 financial impact shown above represents six (6) months of payments that will be encumbered through the end of this fiscal year. The remaining $91,182.78 for the last seventy-eight (78) 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 HGAC-CONTRACT No HT11-12 PURCHASING DIVISION FREIGHTLINER TRUCK BUYER: GABRIEL MALDONADO PRICE SHEET COUNCIL DATE: DECEMBER 10, 2013 Freightliner Of Houston Houston, Texas ITEM DESCRIPTION QTY I UNIT UNIT PRICE I TOTAL PRICE 1. 2014 Freightliner Truck with Knapheide 1 LOT $90,870.00 $90,870.00 Forestry Body Grand Total $90,870.00 i d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of December 10, 2013 2852 Action Item for the City Council Meeting of December 17, 2013 DATE: December 10, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a-)-cctexas.com (361) 826-3169 Dan Biles, Director of Engineering Services danb(a)-cctexas.com (361) 826-3729 Lease-Purchase of Freightliner Truck with Aerial Lift Body CAPTION: Motion approving the lease-purchase of one (1) Freightliner truck with aerial lift body from Freightliner of Houston, Houston, Texas for a total amount of $131,620.00. 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 Traffic Engineering to install and maintain traffic signals throughout the City. BACKGROUND AND FINDINGS: This unit will be a replacement to the fleet. ALTERNATIVES: The expected service life of this vehicle is 15 years. The table below contains the projected 15- year life-cycle-cost of each of the indicated engine types. The diesel engine proves to be the most cost effective option, costing $13,901 less over the vehicle's 15-year life cycle. Type of Engine Purchase Price Cost of Fuel Over 15 Years 15-Year Life ($1.22/diesel-gal.-equivalent for CNG& Cycle Cost $3.12/ al.of diesel CNG $182,740 $23,899 $206,639 Diesel $131,620 $61,118 $192,738 Difference: $13,901 OTHER CONSIDERATIONS: Financing for the lease-purchase of the Freightliner truck with aerial lift body is based on a sixty- month term with an estimated interest rate of 2.22% for an annual payment of $27,836.28. The total estimated cost over the five-year period, including principal of $131,620.00 and interest of $7,561.40, is $139,181.40. 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: Traffic Engineering Department. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $28,000.00 $136,861 .71 $164,861.71 Encumbered / Expended Amount $0 $0 $0 This item $2,319.69 $136861.71 $139,181.40 BALANCE $25 680.31 $25,680.31 Fund(s): Street Fund Comments: The $2,319.69 financial impact shown above represents one (1) month of payment that will be encumbered through the end of this fiscal year. The remaining $136,861.71 for the last fifty-nine (59) months of the lease-purchase payments will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION HGAC CONTRACT NO. HT11-12 BUYER: GERALD GOODWIN FREIGHTLINER TRUCK WITH AERIAL LIFT BODY Houston Freightliner, Inc. Houston, Texas UNIT EXTENDED ITEM DESCRIPTION QTY.1 UNIT PRICE PRICE 1 2014 Freightliner M2-106-70 cab/chassis with 1 Each $131,620.00 $131,620.00 Versalift VST-40-1 aerial lift body. TOTAL: $131,620.00 d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of December 10, 2013 2852 Action Item for the City Council Meeting of December 17, 2013 DATE: December 10, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m i keb(d)-cctexas.com (361) 826-3169 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm(a)-cctexas.com (361) 826-1972 Lease Purchase of Dump Trucks CAPTION: Motion approving the lease purchase of three (3) Freightliner trucks with Warren 18- yard dump body from Freightliner of Houston, Houston, Texas for a total amount of $366,832.00 of which $25,860.44 is required in FY 2013-2014. 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: These vehicles will be used by the Solid Waste Department to haul gravel, mulch and sand within the landfill. These units are replacement units to the fleet. BACKGROUND AND FINDINGS: Not applicable. ALTERNATIVES: The expected service life of this vehicle is 15 years. The table below contains the projected 15-year life-cycle-cost of each of the indicated engine types. The diesel engine proves to be the most cost effective option, costing $33,755.00 less over the vehicle's 15-year life cycle. Type of Engine Purchase Price Cost of Fuel Over 15 Years 15-Year Life ($1.22/diesel-gal.-equivalent for CNG& Cycle Cost $3.12/ al. of diesel CNG $172,277.33 $10,431.00 $182,708.33 Diesel $122,277.33 $26,676.00 $148,953.33 Difference: $33,755.00 OTHER CONSIDERATIONS: Financing for the lease-purchase of the Freightliner truck with Warren 18 yard dump body is based on a sixty month term with an estimated interest rate of 2.22% for an annual payment of $77,581.32. The total estimated cost over the five-year period, including principal of $366,832.00 and interest of$21,074.60, is $387,906.60. 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 DEPARTMENTALCLEARANCES: 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 $374,225.93 $362,046.16 $736,272.09 Encumbered / Expended Amount $297,626.30 $297,626.30 This item $25,860.44 $3627046.16 $3877906.60 BALANCE $507739.19 $50773 Fund(s): Solid Waste Department. Comments: The $25,860.44 financial impact shown above represents four (4) months of payments that will be encumbered through the end of this fiscal year. The remaining $340,971.56 for the last fifty-six (56) 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 HGAC-CONTRACT No HT11-12 PURCHASING DIVISION DUMP TRUCKS BUYER: GABRIEL MALDONADO PRICE SHEET COUNCIL DATE: DECEMBER 10, 2013 Freightliner Of Houston Houston, Texas ITEM DESCRIPTION QTY I UNIT UNIT PRICE TOTAL PRICE 1. 2014 Freightliner Truck with Warren 18-yard 3 EA $122,277.33 $366,832.00 dump body Grand Total $366,832.00 i d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of December 10, 2013 2852 Action Item for the City Council Meeting of December 17, 2013 DATE: December 10, 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 gustavogo(cD-cctexas.com (361) 826-1874 Purchase of Freightliner Truck with Cement Mixer Body CAPTION: Motion approving the purchase of one (1) Freightliner truck with cement mixer body from Houston Freightliner, Inc., Houston, Texas for a total amount of $230,205.00. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC). Funding is available in the FY 2013-2014 Capital Outlay Budget of the Water Fund. PURPOSE: To be used by the Water Distribution Crews to complete repair work that involves concrete. BACKGROUND AND FINDINGS: The Water Department is currently using outside contractors and concrete vendors to complete necessary concrete work at an average of $14,000.00 per month. Due to economic growth and the demand for concrete, concrete vendors are reluctant to deliver the necessary small quantities of concrete to various locations without adding significant fuel surcharges for delivery. The delivery method of the Volumetric Concrete Mixer will allow for crews to mix the exact amount of concrete needed for each job and complete the repair work in a more efficient time frame. This unit is an addition to the fleet. ALTERNATIVES: CNG is not available for this truck. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Water Department. FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,134,750.00 $0 $1,134,750.00 Encumbered / Expended Amount $269,750.00 $0 $269,750.00 This item $230,205.00 $0 $230 205.00 BALANCE $634,795.00 $634 795.00 Fund(s): Water Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION HGAC CONTRACT NO. HT11-12 BUYER: GERALD GOODWIN FREIGHTLINER TRUCK WITH CEMENT MIXER BODY Houston Freightliner, Inc. Houston, Texas Unit Extended ITEM DESCRIPTION QTY. UNIT Price Price 1 2014 Freightliner 1 14S cab/chassis with 1 Each $230,205.00 $230,205.00 Zimmerman 8 yd. cement mixer body TOTAL: $230,205.00 d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of December 10, 2013 2852 Action Item for the City Council Meeting December 17, 2013 DATE: December 10, 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 Pipe Repair Clamps CAPTION: Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for pipe repair clamps in accordance with Bid Invitation No. BI-0037-14 based on lowest responsible bid for an estimated annual expenditure of $223,313.50, of which $148,875.66 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013- 2014. PURPOSE: The clamps are stocked by the Warehouse and used by the Water Department to splice and repair existing utility lines located throughout the City. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exhausted. 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 $666,648.36 $74,437.84 $741,086.20 Encumbered / Expended Amount $144,609.84 $0 $144,609.84 This item $148,875.66 $74,437.84 $2237313.50 BALANCE $3737162.86 $3737162.86 Fund(s): Water Fund Comments: The $148,875.66 financial impact shown above represents eight (8) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $74,437.84 for the last four (4) months of the contract will be requested during the normal FY 2014/2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0037-14 BUYER: GERALD GOODWIN PIPE REPAIR CLAMPS Ferguson Enterprises Titan Pipe&Supply Co. Corpus Christi, Texas Corpus Christi, Texas UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION QTY PRICE PRICE PRICE PRICE 1.0 FULL CIRCLE CLAMP for pressurized potable water systems. 1.1 2"x 7.5"single band full circle clamp 750 $ 28.00 $ 21,000.00 $ 31.05 $ 23,287.50 1.2 2.5"x 7.5'single band full circle clamp 50 31.00 $ 1,550.00 34.10 1,705.00 1.3 3"x 12.5" single band full circle clamp 85 48.00 $ 4,080.00 63.60 5,406.00 1.4 3"x 12.5"single band full circle clamp 20 54.00 $ 1,080.00 63.60 1,272.00 1.5 4"x 12.5"single band full circle clamp 45 51.00 $ 2,295.00 69.35 3,120.75 1.6 4"x 10"double band full circle clamp 350 86.00 $ 30,100.00 74.50 26,075.00 1.7 4"x 20"double band full circle clamp 60 161.00 $ 9,660.00 169.90 10,194.00 1.8 4"x 30"double band full circle clamp 10 234.00 $ 2,340.00 227.55 2,275.50 1.9 6"x 10"double band full circle clamp 455 93.00 $ 42,315.00 84.75 38,561.25 1.10 6"x 20"double band full circle clamp 120 172.00 $ 20,640.00 176.00 21,120.00 1.11 6"x 30"double band full circle clamp 15 248.00 $ 3,720.00 264.70 3,970.50 1.12 8"x 10"double band full circle clamp 200 98.00 $ 19,600.00 94.25 18,850.00 1.13 8"x 20"double band full circle clamp 50 201.00 $ 10,050.00 195.90 9,795.00 1.14 8"x 30"double band full circle clamp 15 261.00 $ 3,915.00 302.60 4,539.00 1.15 10"x 10"double band full circle clamp 10 129.00 $ 1,290.00 117.90 1,179.00 1.16 10"x 20"double band full circle clamp 12 253.00 $ 3,036.00 232.90 2,794.80 1.17 10"x 30"double band full circle clamp 4 375.00 $ 1,500.00 351.55 1,406.20 1.18 12"x 10"double band full circle clamp 10 106.00 $ 1,060.00 140.60 1,406.00 1.19 12"x 10"double band full circle clamp 4 106.00 $ 424.00 127.90 511.60 1.20 12"x 20"double band full circle clamp 8 200.00 $ 1,600.00 278.90 2,231.20 1.21 12"x 20"double band full circle clamp 5 250.00 $ 1,250.00 252.90 1,264.50 1.22 12"x 30"double band full circle clamp 5 308.00 $ 1,540.00 416.60 2,083.00 1.23 12"x 30"double band full circle clamp 4 379.00 $ 1,516.00 378.70 1,514.80 1.24 16"x 30"double band full circle clamp 6 417.00 $ 2,502.00 720.00 4,320.00 1.25 16"x 20"double band full circle clamp 4 286.00 $ 1,144.00 471.50 1,886.00 1.26 20"x 20"double band full circle clamp 4 308.00 $ 1,232.00 488.00 1,952.00 1.27 20"x 30"double band full circle clamp 4 466.00 $ 1,864.00 828.25 3,313.00 1.28 24"x 30"triple band full circle clamp 2 862.00 $ 1,724.00 1,375.50 2,751.00 1.29 24"x 30"triple band full circle clamp 2 917.00 $ 1,834.00 1,375.50 2,751.00 1.30 30"x 30"triple band full circle clamp 3 934.00 $ 2,802.00 1,481.80 4,445.40 1.31 4"x 7.5"double band full circle clamp w/1"NPT tap 5 87.00 $ 435.00 74.20 371.00 1.32 4"x 12.5"double band full circle clamp w/1"NPT tap 40 120.00 $ 4,800.00 105.25 4,210.00 1.33 6"x 12.5"double band full circle clamp w/0.75"NPT tap 30 129.00 $ 3,870.00 118.30 3,549.00 1.34 6"x 12.5"double band full circle clamp w/1"NPT tap 50 128.00 $ 6,400.00 118.30 5,915.00 1.35 6"x 12.5"double band full circle clamp w/1.5"NPT tap 7 133.00 $ 931.00 129.25 904.75 1.36 8"x 12.5"double band full circle clamp w/0.75"NPT tap 8 134.00 $ 1,072.00 129.30 1,034.40 1.37 8"x 12.5"double band full circle clamp w/1"NPT tap 20 134.00 $ 2,680.00 129.30 2,586.00 1.38 8"x 12.5"double band full circle clamp w/1.5"NPT tap 5 141.00 $ 705.00 140.25 701.25 1.39 2"x 7.5"single band full circle clamp 50 37.00 $ 1,850.00 47.05 2,352.50 1.40 2"x 7.5"single band full circle clamp 25 41.50 $ 1,037.50 50.25 1,256.25 1.41 3"x 7.5"single band full circle collar leak clamp 20 43.50 $ 870.00 55.00 1,100.00 TOTAL: $ 223,313.50 $229,961.15 AGENDA MEMORANDUM aapoR,EO Future Item for the City Council Meeting of December 10, 2013 1852+ Action Item for the City Council Meeting of December 17, 2013 DATE: December 10, 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 and Wastewater Operations gustavogo(cD-cctexas.com (361) 826-1874 Purchase of Emergency Standby Pump CAPTION: Motion approving the purchase of one (1) emergency standby pump from Xylem Dewatering Solutions, Inc., dba Godwin Pumps, Bridgeport, New Jersey for a total amount of $162,989.32. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC). Funding is available in the FY 2013-2014 Wastewater System Fund. PURPOSE: To pump wastewater during electrical power outages at the Wooldridge Lift Station. BACKGROUND AND FINDINGS: The Wooldridge Lift Station in the Oso Basin is the second-largest lift station in the City and receives a dry weather flow of approximately four (4) million gallons of wastewater daily. This pump will provide backup service to this critical lift station. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Wastewater Department. FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $372,683.70 $0 $372,683.70 Encumbered / Expended Amount $88,632.34 $0 $88,632.34 This item $162,989.32 $0 $162,989.32 BALANCE $121,062.04 $121,062.04 Fund(s): Wastewater System Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION HGAC CONTRACT NO. CM02-13 BUYER: GERALD GOODWIN EMERGENCY STANDBY PUMP Xylem Dewatering Solutions, Inc. dba Godwin Pumps Houston, Texas UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE 1 Godwin CD400M 18" critically silenced emergency 1 Each $162,989.32 $162,989.32 standby pump TOTAL: $162,989.32 se 0 *4 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 10, 2013 Action Item for the City Council Meeting of December 17, 2013 0ORPOR 11 1852 DATE: 12/10/2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m i keb(a)-cctexas.com 361-826-3169 Gustavo Gonzalez, Director of Water and Wastewater Operations qustavogo(a)cctexas.com 361-826-1874 F_ Sodium Bisulfite Solution CAPTION: Motion approving a supply agreement with Calabrian Corporation, Port Neches, Texas for approximately 1,973,368 pounds of sodium bisulfite solution for use at the Wastewater Treatment Plants in accordance with Bid Invitation No. BI-0065-14, based on lowest responsible bid for an estimated twelve month expenditure of $600,890.56 of which $400,593.68 is required for the remainder of FY 2013-2014. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Wastewater Operations Budget in FY2013-2014. PURPOSE: This chemical will be used for dechlorination at the Wastewaster Treatment Plants. BACKGROUND AND FINDINGS: The dechlorination is required by the Wastewater Discharge Permits. 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: Wastewater Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $3,208,025.27 $200,296.88 $3,408,322.15 Encumbered / Expended Amount $712,773.92 $712,773.92 This item $400,593.68 $200,296.88 $600,890.56 BALANCE $2,094,657.67 $2,094,657.67 Fund(s): Wastewater Department Comments: The $400,593.68 financial impact shown above represents eight months of expenditures that will be encumbered through the end of this fiscal year. The remaining $200,296.88 represents 4 months of expenditure that will be requested during the normal FY 2014-2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. 2 m ) § ƒ \ R 5 m G E5 \ 6-1 $ \ 0X LU g / ] \{ M. E2 § - 3 / fD LO - \ 0 \ ) { g m E LU &$ k $ / ) \ /§ % / _ \ z & - 7 \ � } } , \\ \ L r \ D � f 0 o - z ! \ \ � 9 - S 0 0 \ jj (0 ( COE0 § ] - < & CO / $ \ 2 � < ƒ\ _ § o ® C14 \ =1 \ / _ ] 0 2 0 - 0 / FLU - � 3 r® 0 0 j } \ & ] 7 \ 00- 5 / \ / ( z ) } z \ \ 0 \ = 9 < 0 » 2 ° ) P e 3 \ \ \ \ \ LL < .. - 0 0 ) ) / $ ( § \ / o o � = o w se 0 *4 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 10, 2013 Action Item for the City Council Meeting of December 17, 2013 0ORPOR 11 1852 DATE: 12/10/2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m i keb(a)-cctexas.com 361-826-3169 Jim Davis, Director of General Services i i md(a)cctexas.com 361-826-1909 Fred Segundo, Director of Aviation freds(cb-cctexas.com 361-289-0171 Supply Agreement for Reformulated Gasoline and Ultra-low Sulfur Diesel Fuel CAPTION: Motion approving a supply agreement with Oil Patch Petroleum, Inc., Corpus Christi, Texas for reformulated gasoline and ultra-low sulfur diesel fuel in accordance with Bid Invitation No. 61-0030- 14, based on lowest local bid for an estimated twelve month expenditure of $4,635,554.65 of which $3,090,369.77 is required for the remainder of FY 2013-2014. The term of the agreement will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the suppliers and the City Manager, or designee. Funds have been budgeted by Maintenance Services and the Aviation Department in FY 2013-2014. PURPOSE: This contract covers the fuel requirements for City vehicles and equipment. The reformulated gasoline and ultra-low sulfur diesel are delivered in bulk to the City facilities. BACKGROUND AND FINDINGS: These fuel contracts will be used to service the City's Fleet of vehicles and equipment. The vast majority of the fuel is delivered in bulk to the City's Service Center located at 5352 Ayers Street and 474 Pinson Drive. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The recommended award is based on Section 26 of the Council Policies of the City of Corpus Christi Code of Ordinance. The ordnance provides for local preference when the local bidder is within 3% of a non local bidder. 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: Aviation Department and Maintenance Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $6,664,289.75 $1,545,184.88 $8,209,474.63 Encumbered / Expended Amount $403,360.44 $403,360.44 This item $3,090,369.77 $1,545,184.88 $4,635,554.65 BALANCE $3,170,559.54 $3,170,559.54 Fund(s): Aviation Fund and Maintenance Services Fund Comments: The $3,090,369.77 financial impact shown above represents eight months of expenditures that will be encumbered through the end of this fiscal year. The remaining $1,545,184.88 represents 4 months of expenditure that will be requested during the normal FY 2014-2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. 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Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m i keb(a)-cctexas.com 361-826-3169 Dan Biles, Director of Engineering Services danb(a)-cctexas.com 361-826-3729 Service Agreement for Installation, Maintenance & Repair Of Roadway Illumination and Traffic Signals CAPTION: Motion approving a service agreement with Star Operations, Inc., Corpus Christi, Texas for installation, maintenance & repair of roadway illumination and traffic signals in accordance with Bid Invitation No. BI-0031-14 based on only bid for an estimated twelve-month expenditure of $529,591.00 of which $308,928.06 is required for the remainder of FY 2013-2014. The term of the service agreement will be for twelve-months with an option to extend for up to two additional twelve- month periods subject to the approval of the service provider and the City Manager or designee. Funds are available in the General Fund in FY 2013-2014. PURPOSE: This contract covers the installation, maintenance & repair of roadway illumination and traffic signals. BACKGROUND AND FINDINGS: The City of Corpus Christi's Municipal Maintenance Agreement (MMA) with the Texas Department of Transportation (TXDOT), effective February 22, 2010, requires the City of Corpus Christi (City) to be responsible for the maintenance and repair of high-mast lighting on IH 37 from US 181 to Lantana Street and on SH 358 (SPID) from Ayers Street to Airline Road; and maintenance and repair of other lighting on TXDOT's non-site specific roadways within the City of Corpus Christi. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTALCLEARANCES: Engineering Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $3,197,668.80 $220,662.94 $3,418,331.74 Encumbered / Expended Amount $740,255.94 $740,255.94 This item $308,928.06 $220,662.94 $529,591.00 BALANCE $2,148,484.80 $2,148,484.80 Fund(s): General Fund Comments: The $308,928.06 financial impact shown above represents seven months of expenditures that will be encumbered through the end of this fiscal year. The remaining $220,662.94 represents 5 months of expenditure that will be requested during the normal FY 2014-2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0031-14 SENIOR BUYER: GABRIEL MALDONADO INSTALLATION, MAINTENANCE AND COUNCIL DATE: DECEMBER 10, 2013 REPAIR OF ROADWAY ILLUMINATION AND TRAFFIC SIGNALS STAR OPERATIONS,INC. ITEM DESCRIPTION CORPUS CHRISTI, TEXAS 1. Installation, Maintenance & Repair of Roadway $529,591.00 Illumination and Traffic Signals to include pole work, wiring replacement, light and bulb replacement, traffic signal replacement, sign light fixtures and camera replacement. $529,591.00 k AGENDA MEMORANDUM Future Item for the City Council Meeting of December 10, 2013 isa Action Item for the City Council Meeting of December 17, 2013 DATE: November 15, 2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health Annetter @cctexas,com 361-826-7203 Authorizing an interlocal agreement between the Corpus Christi-Nueces County Public Health District and the City of Robstown Fire/EMS CAPTION: Resolution authorizing the City Manager or his designee, the Director of the Corpus Christi-Nueces County Health District ("Health District"), to execute an interlocal agreement between the Health District and Robstown Fire/EMS for the purpose of storing a trailer with supplies at a Robstown facility to be used in case of a natural or man-made emergency. PURPOSE: The Corpus Christi-Nueces County Public Health District must house equipment and supplies at a hub site for use in case of a naturallman-made disaster. BACKGROUND AND FINDINGS: The Public Health Preparedness program within the Corpus Christi-Nueces County Public Health District is responsible for housing equipment and supplies needed in an emergency. This agreement would provide for storage and maintenance of emergency supplies and equipment and would be available when needed if a county-wide evacuation order was issued by the County Judge during a disaster. The Public Health Preparedness Program and the Health District are responsible for assisting with evacuation of citizens if needed. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City policy EMERGENCY INON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: n Operating ❑ Revenue o 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): Comments: There is no fiscal impact to execute an interlocal agreement RECOMMENDATION: Staff recommends approval of interlocal agreement LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Resolution authorizing the City Manager or his designee, the Director of the Corpus Christi-Nueces County Health District ("Health District"), to execute an interlocal agreement between the Health District and Robstown Fire/EMS for the purpose of storing a trailer with supplies at a Robstown facility to be used in case of a natural or man-made emergency. Whereas, the Health District, pursuant to a grant agreement with the State of Texas acquired a trailer and supplies for use in case of a natural/man-made disaster; Whereas, Robstown Fire/EMS, hereinafter "Robstown," is a community partner that will provide emergency services in case of a naturallman-made disaster; Whereas, the Health District has a need to store such trailer with supplies; WHEREAS, Robstown has a storage facility and will readily have access to supplies in case of a natural/man-made disaster; Whereas, the State as the granting source has provided written consent permitting use of supplies and trailer by Robstown in case of a natural/man-made disaster; Whereas, the Health District and Robstown, both local government agencies, desire to enter into an agreement in accordance with Chapter 791 of the Texas Government Code, to permit the Health District to store this trailer with supplies at the Robstown facility; Now therefore, be it resolved by the City Council of the City of Corpus Christi; Section 1. The Director of the Health District is authorized to execute an interlocal agreement between the Health District and Robstown Fire/EMS for the purpose of storing a trailer with supplies at a Robstown facility to be used in case of a natural or man-made emergency. 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 STATE OF TEXAS § ROBSTOWN OF NUECES § INTERLOCAL AGREEMENT BETWEEN CORPUS CHRISTI-NUECES COUNTY HEALTH DISTRICT AND ROBSTOWN FIRE/EMS WHEREAS, the Corpus Christi-Nucces County Public Health District, hereinafter "District," pursuant to a grant agreement with the State of Texas (herein "Grant Agreement") acquired a trailer and supplies for use in case of a natural/man-made disaster; WHEREAS, Robstown Fire/EMS, hereinafter "Robstown," is a community partner that will provide emergency services in case of a natural/man-made disaster; WHEREAS, the District has a need to store such trailer with supplies; WHEREAS, Robstown has a storage facility and will readily have access to supplies in case of a natural/man-made disaster; WHEREAS, the State as the granting source has provided written consent permitting use of supplies and trailer by Robstown in case of a natural/man-made emergency; WHEREAS, the District and Robstown, both local governmental agencies, desire to enter into an agreement to permit the District to store this trailer with supplies at the Robstown facility; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, authorizes contracts between local governmental agencies to perform governmental functions and services such as the administrative function of warehousing, inclusive of section 791.025, Texas Government Code which permits agreements between local governments for the purchase of goods and services and satisfies the requirement of local governments to seek competitive bids for the purchase of such goods and services. NOW, THEREFORE, THIS AGREEMENT is hereby made an entered into by District and Robstown upon and for the mutual consideration stated herein: WITNESSETH I. District and Robstown contract and agree that Robstown will store trailer with supplies, as identified on Exhibit A herein attached, at its facilities located at 700 Upshaw St., Robstown, Texas. Page f 1 II. This contract shall be in effect for a period of one year, from September 1, 2013, through August 31, 2014. This contract will automatically renew for subsequent one year terms. This notwithstanding District may remove trailer and supplies at any time in its sole discretion. This contract may be terminated by either party, without cause, upon thirty days notice to the other party. However, upon District's sole determination that life/usefulness of trailer has been expended this Agreement may be terminated immediately by District. III. As consideration for the warehousing of its trailer and supplies the term of the Agreement and any subsequent terms District agrees to: • AlIow Robstown to use trailer and supplies in case of a natural/man-made emergency upon confirmation from District that trailer with supplies will not be immediately needed elsewhere. Maintenance and upkeep of trailer shall be at the District's expense consistent with any Grant Agreement requirements. District shall be responsible for the inventoried supplies consistent with Grant Agreement requirements. Robstoxvii will replace any supplies it uses. Trailer shall remain in a response ready anode at all times. The Parties agree that any services provided shall be paid for with current revenues of the paying party. IV. The District agrees to provide Robstown valid proof of insurance for trailer to be stored and maintain insurance for trailer to be warehoused at storage facility that may be consistent with any grant requirement. Robstown agrees to maintain general liability insurance for storage facility. General liability insurance limits should not be less than $100,000 per person / $300,000 per occurrence. District should be listed as an additional insured. Robstown agrees to maintain storage facility. Tire storage facility should not be allowed to fall into general disrepair and should be maintained in such manner as to allow for safe storage of trailer and supplies including, but not limited tot taking reasonable precautions against theft and vandalism. Robstown assumes liability for any persons injured and/or any resulting death as a result of its use of said trailer and/or supplies. Page 12 To the extent authorized by law, Robstown further agrees to indemnify the District from any resulting third-party claims or litigation arising from its use of the trailer or supplies. District at all times remains the owner of trailer and supplies, to the extent contemplated in the Grant Agreement, and may at any time access trailer with its supplies to respond to any natural/man-made disaster in the State of Texas. V. BINDING AGREEMENT:AUTHORITY: PARTIES BOUND. This Agreement has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties. That each person executing this Agreement on behalf of each party to this a 7r� eement represents and warrants that they have full right and authority to enter into this agreement. AMENDMENT. This Agreement may not be amended except in a written instrument specifically refeiring to this Agreement and signed by the parties hereto. APPLICABLE LAW. This Agreement shall be expressly subject to District and Robstown's Sovereign Immunity, Title 5 of the Texas Civil Practice and Remedies Code and all applicable state law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and venue of any legal action filed by either the District or Robstown shall be in Nueces County, Texas. SEVERABILITY. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of the Agreement shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in filll force and effect. NOTIFICATION. Any and all notices which may be required under the terms of the Agreement shall be delivered by registered or certified United States mail or by a recognized commercial carrier or delivery service as follows: DISTRICT: ROBSTOWN: Infectious Disease Coordinator EMS Director CC-Nueces Coun ft Health District Robstown Ci Hall 1702 Horne Road 101 E. Main Street Corpus Christi, TX 78416 Robstown, TX 78380 With Co�� T to: Page 13 Director _ __ City Secretary CC-Nueces Counf_y Health District Ro bstowj City Hall 1702 Hoi°ne Road 101 E. Main Street Cor us Christi TX 78416 Robstown Texas 78380 AGREED TO BY: CC-NC PUBLIC HEALTH DISTRICT ROBSTOWN FIREXMS Annette Rodriguez, Director Rodrigo Ramon, Mayor Date: Date: Page 14 �vs or � � 0 A AGENDA MEMORANDUM wIORPOKR o Future Item for the City Council Meeting of December 10, 2013 1852 Action Item for the City Council Meeting of December 17, 2013 DATE: November 20, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 Debbie Marroquin, P. E., Director of Gas Operations debbiem @cctexas.com (361) 855-6924 Michael Armstrong, Director of Information Systems, MIS michaelar@cctexas.com (361) 826-3740 Construction Contract Corpus Christi Ship Channel Gas Main Crossing CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Alcott, Inc. dba TCH from Friendswood, Texas in the amount of $548,600, for Corpus Christi Ship Channel Gas Main Crossing for the base bid. PURPOSE: The purpose of this Agenda Item is to execute the construction contract with Alcott, Inc. dba TCH for Corpus Christi Ship Channel Gas Main Crossing. BACKGROUND AND FINDINGS: This project includes the installation of new utility crossing, which consists of furnishing, installing and testing approximately 2,550 linear feet of 8.625-inch outside diameter (O. D.) high-density polyethylene pipe (HDPE) (natural gas main) and approximately 2,550 linear feet of 3.50-inch O. D. HDPE pipe (fiber optic cable) (bundled), using horizontal directional drilling; in accordance with the plans, specifications, and contract documents. This project is needed to connect the existing city distribution system to the North Beach distribution system. By connecting the two systems, the City will increase reliability and capacity to the North Beach area. K:\ENGINEERING DATAEXCHANGE\VELMAP\GAS\E12130 C.C.SHIP CHANNEL GAS\CONSTRUCTION CONTRACT AGENDA ITEM\AGENDA MEMO-C.C.SHIP CHANNEL GAS MAIN CROSSI N G.DOCX On October 9, 2013, the City received proposals from two (2) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Alcott, Inc. dba TCH Friendswood, Texas $548 600.00 Jhabores Construction Company, Inc. Corpus Christi, Texas $584 000.09 ALTERNATIVES: 1. Execute the construction contract with Alcott, Inc. dba TCH as proposed. 2. Do not execute the construction contract with Alcott, Inc. dba TCH as proposed. OTHER CONSIDERATIONS: The project requires a Corps of Engineers permit application, and has been secured. Utility coordination with the Port of Corpus Christi Authority will also be required. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria, FY 2013-2014 Gas Capital Improvement Planning (CIP) Budget, and FY 2013-2014 MIS Operating Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Gas Department MIS Department FINANCIAL IMPACT: X Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $379,600.00 $295,200.00 $674,800.00 MIS Operating Fund $69,035.00 $69,035.00 TOTAL BUDGET $379,600.00 $364,235.00 $743,835.00 Encumbered/Expended $71,800.00 $71,800.00 Amount This item $548,600.00 $548,600.00 Future Anticipated $123,435.00 $123,435.00 Expenditures This Project BALANCE $307,800.00 $(307,800.00) $0.00 Fund(s): Gas CIP Fund, MIS Operating Fund Comments: The project requires 60 calendar days, with anticipated completion approximately March 2014. Thus, funding for this contract will only be required during Fiscal Year 2013-2014. K:\ENGINEERING DATAEXCHANGE\VELMAP\GAS\E12130 C.C.SHIP CHANNEL GAS\CONSTRUCTION CONTRACT AGENDA ITEM\AGENDA MEMO-C.C.SHIP CHANNEL GAS MAIN CROSSI N G.DOCX RECOMMENDATION: City Staff recommends the approval of the construction contract with Alcott, Inc. dba TCH. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PowerPoint K:\ENGINEERING DATAEXCHANGE\VELMAP\GAS\E12130 C.C.SHIP CHANNEL GAS\CONSTRUCTION CONTRACT AGENDA ITEM\AGENDA MEMO-C.C.SHIP CHANNEL GAS MAIN CROSSI N G.DOCX PROJECT BUDGET Corpus Christi Ship Channel Gas Main Crossing Future Item December 10, 2013 Action Item December 17, 2013 PROJECT FUNDS AVAILABLE: Gas CIP FY 2012-2013......................................................................................... $379,600.00 Gas CIP FY 2013-2014......................................................................................... 295,200.00 MIS Operating...................................................................................................... 69,035.00 TOTAL............................................................................................................... $743,835.00 FUNDS REQUIRED: Construction (Alcott, Inc. dba TCH).......................................................................... $548,600.00 Contingency(10%)............................................................................................... 54,860.00 Engineer Fees: Engineer(HDR Engineering) ................................................................................. 71,800.00 Geotechnical Study and Testing (TBD)..................................................................... 10,972.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)........................................ 8,229.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)............................... 43,888.00 Finance.............................................................................................................. 2,743.00 Misc. (Printing, Advertising, etc.)............................................................................. 2,743.00 TOTAL............................................................................................................... $743,835.00 ESTIMATED PROJECT BUDGET BALANCE............................................................ $0.00 * Engineering contract with HDR Engineering approved by City Council on April 30, 2013 (Motion No. M2013-079). **Construction Inspection Services will be performed in-house. Construction Inspection Services is not included in engineering contract with HDR Engineering. M ro"ect councilexhibits exahE12130,dw PROJECT r 1#1 "i"r go,;. J y ,.,Pr„ :, are v` /r•r ,.: ..., ,..:.: ". ,�,,..✓ :.. „J,,., ,,/ /, / LOCATION MAP NOT TO SCALE �Ccr���//fi//�✓'�/ ,r v f / N f / I r i / r / / / I / / J / r / / r / /NMI OWN i I r , I N l / f r( Irrr, / ✓ ,/,, �� r PROJECT � f� SITE r. �".� ,.. :, ,:. ! J���llf✓r. ,,,�,,,. a ,, / f)1111 fV it ,w V5, , <t� F / / / / _ � .w / r 4 / a w //� / / / / // r s i Viii ITY MAP NOT TO SCALE PROJECT EIz130 �r*� y g�pr CITY COUNCIL EXH1131T CHRISTI SHIP CHANEL CITY OF CORPUS DEPARTMENT �F E��I�EER �� SEF /CES GAS MAIN CROSSING PAGE: I of 1 i Y Y wr p O � � o Z o � V U cry U Q jj I CL C75 ® r, U W W �uriN U W aJ (' • LL C6 U 0 > -0 O z � a +., co O m V C/� 0- V u � O a U') U LU O O O O O O O O O O O O O O O O O O O O O O O O LO LO O O O N CO LO O O O CO CO O (D O f` O CO H} (D N O 00 (D 00 00 07 (D 00 07 LO 07 CO 00 lql- O f` CO f` 07 (D lql- lql- LO f` LO lql- M N f` LO I- 69- 69- 69- 69- 4^^ , 4-� ; uj V : m F- W Q 70 H M � U N � U QC) T- m W V) N N p � >,W 0 N co \ U o w Z p o o p Q vi of U) a LL N N >, a) p m p U- U W O U- = U N W Lp a s N U U U J L N N W � J � UU0Q p a� Q a» \ O H Z _ o H H . �'aa�i a c� c� O0 u- U 0 LU LU cD � w d AGENDA MEMORANDUM Future Item for the City Council Meeting of December 10, 2013 "oaPOwR k° Action Item for the City Council Meeting of December 17, 2013 1852 DATE: November 25, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com; 826-3729 Eddie Ortega, Director of Neighborhood Services EddieO @cctexas.com; 826-3234 Engineering Construction Contract ADA Improvements in CDBG Areas (FY 2012) CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with CAS Companies, LP of Corpus Christi, Texas in the amount of$228,552.06, for ADA Improvements in CDBG Areas for the base bid only. PURPOSE: The purpose of this Agenda Item is to award a Construction contract to CAS Companies, L.P. so work may begin on the project. BACKGROUND AND FINDINGS: This project is intended to provide a pedestrian-accessible route along South Water Street from Broadway Court to Buford Street (excludes Buford Street intersection). The Base Bid scope only constructs the portion between Buford Street and the Park Avenue intersection. This project includes 16 curb ramp improvements (located at 16 corner locations) and approximately 1,820 LF of sidewalk improvements. Improvements in this area are based on the City of Corpus Christi ADA Master Plan, Phase 1, Package A. The Base Bid consists of 6 curb ramp improvements (located at 6 corner locations) and approximately 1,580 LF of sidewalk improvements between Buford and Park Avenue. Additive Bid No. 1 consists of 6 ramps at the Park Avenue intersection (located at 4 corner locations). Additive Bid No. 2 consists of 4 curb ramp improvements (located at 4 corner locations) and approximately 240 LF of sidewalk improvements between Park Avenue and Broadway Court including the Broadway Court intersection. On October 9, 2013, the City received proposals from two (2) bidders and their bids are as follows: Additive Additive Total Base Contractor Base Bid Alternate Alternate Bid Plus Add 1 2 Alts 1 & 2 CAS Companies, LP Corpus Christi, TX $228,522.06 $49,139.81 $53,216.69 $330,878.56 Ti-Zack Concrete, Inc. Le Center, MN $246,722.50 $35,802.00 $43,073.00 $325,597.50 ALTERNATIVES: 1. Award the Construction Contract to CAS Companies, LP for the Base Bid only as proposed. (Recommended) 2. Do not award the Construction contract to CAS Companies, LP as proposed. (Not recommended) 3. Award the Base Bid plus ANY or ALL combination of alternates. (Not recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Neighborhood Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Fiscal Year: 2013-2014 Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $329,356.00 $329,356.00 Encumbered / Expended $0.00 Amount 49,980.00 49,980.00 This item 228,522.06 228,522.06 Future Anticipated expenditures for this project 50,783.11 50,783.11 BALANCE $0.00 $70.83 $70.83 Fund(s): CDBG COMMENTS: Available Community Development Block Grant funds will only allow for the base bid to be completed at this time. RECOMMENDATION: City staff recommends this construction contract be awarded to CAS Companies, LP of Corpus Christi, Texas in the amount of$228,552.06 for the base bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PowerPoint Presentation PROJECT BUDGET ADA Improvements in CDBG Areas FY 2012 PROJECT FUNDS AVAILABLE: Community Development Block Grant FY 2012... ... ... ... ... ... ... ... ... ... ... ... .. $ 301,356.00 FY2010 & FY2011 ADA Improvement Project Reprogrammed Funds 28,000.00 Project Total 329,356.00 FUNDS REQUIRED: Construction (Base Bid Only)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 228,552.06 Contingency (10%)... ... ... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 22,855.21 Engineering Fees: Engineer (CH2MHill).... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 49,980.00 Geotechnical Study and Testing (REI)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 8,448.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... .. 6,587.12 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)... ... ... .. 9,880.68 Finance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 1,482.10 Misc. (Printing, Advertising, etc.)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 1,500.00 TOTAL........................................................................................... 329,285.17 ESTIMATED PROJECT BUDGET BALANCE....................................... $ 70.83 K:\ENGINEERING DATAEXCHANGE\IORGEC2\IORGEC\EXHIBITS\E12147\EXHE12147 �r»r � ri � ra i „lof l % n / yr /r%✓ / /%r/ //; " ,Ij r r i li ; l rrr 9 . /l X111 1� r pp/ � ,�� / /� � r !„ i/r, ��r i f /„ _r r, / / ,rte,, � ,,,1r, ,/ ��/„ /,,, / r r / r, rrrr „ /r , _r r r , r r / r r f r u r r /1R,,, //,// � // f a /,r,, r,,.. r / f r r r �y ;/✓iii , ;, /«, ;"s;,, I,r, ., : „ 11 rJ�ll. ., :.r: ,,:. rr„9nrir if / / rrrrr, /r/,,/Y i/, 1��/ :, ,; � ;, , it; hl hf a_.in r .. ,,, / f., /jr 1 // ,p I�:III fYNr ,.,.;✓ / ,:/ - r,, ✓ r ,ai..�/rrr.., �/ r r„ G „ ,, r l .� , , / a,dillifim, ,,, ,., o„ .!r/,,,,,,,,rfl�l�✓.� it/r.. rJ%x, / ,. it s� G„ J,r, / r PROJECT LOCATION '41 E12147 ADA IMPROVEMENTS IN CDBG AREAS FOR FY 2012 o ud k ua r r o w r / / r/ J �"h✓ r, nm, rr„ / r �.. rx ✓ hr, I 1 J h J rr W a » / r r / r », _0011 r, _/rrr xr r r ar r c l r a � r r i„ J , i r u� / v 1 r o1 r riI I V r. r _r., /f b rrr e r ( a l r 1 r .I . � I { / l k t r r / r , l fJ r rrr l, rr, o / r�✓ f r/ � r r r � r� rJJr r r r / r r J / , L / r, 0,44,r r /a r /, ar � r r .L. o r / r„ r r r„/i i fifff n1l , ,1 fr ;JJI lr r � rr ,r rwr a/ � rr ✓ /i uw r,rr / r ,✓ r I H r i rr ,fir r / v r / l l / r_ r / / r/ / l / r r r r r , / r r r xr iir, r / / w r r r r l a / ,r l r r I ✓ / rr , / r �//,rrr ,,r ,/ /, /, ✓, r , n / rr 1 � 1 l r , r » »L, r r r r r /i r / r r ✓,r,, 7 / I rrrrr � i r, Y / r , 1' r r 1� ,r llr r � r /�/i 101, 11A r 11 r t r/�tµSu er r/r / r,/% LOCATION MAP NOT TO SCALE PROJECT#E12147 ADA IMPROVEMENTS IN CDBG CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS AREAS FOR FY 2012 DEPARTMENT OF ENGINEERING SERVICES — PAGE: 1 of 1 = _ �'�'�., �/iati �frrll �� ; 4`� �. ��'� �� ,, ; �, V U '�' � � N � �`' [-� O � c� Z N o w � 'V �--� �� � 4� W � o � U � � � a� w � V .,._, 4� � � U Q � � �7 � /f/� �i / y / !� �� �.. �y '�� �� u i pi4�i, !� i �.. I �� N i U LU it l 1 r' "r m. r9r"ll! r� l� �`" 3f1N3AtlNJtld /%id rci n W MM i r I� I W LiJ ��,�����i✓///r j/ � �� CL CL LU Cl W Y a ca LU ' �' 133J1S NVWbfld rr it m i ut � 133J1S NDODNtlH I r�;' � � �„� it � vt ✓ ti 1 Maur !� r; G�/✓i�r%/�� co a� ® c U LU LL U _ C: O C: C .O U S O U > � o .� Z ? o —_ u CL UE: V � � 0 U cy ON o � N Co a LL 7 U .C: (!) N 0 c: m W O U N � Q O Co L) .......................... ,f a� ® c U LU O O O (D O O O f` M O O O O N O O m 00 C9 O (D N LO O 00 0') LO O M O M LO 0000 � Iq � N ~ 00 M 00 N m 00 m m co co N co Eft Eft 70 O : O ~ N : LL j 70 U E Q O : M� m Q o Z LL �--� E m O o LU w � W L J N 0 E m o p 0 Q J _ D CO E m Q >Q -0 U D a OQ p m Ica 0 O D � vi = � Z c—:) D m N N Cn N N LL LPL c �' _ (� 0 H LU o U .� `W` W U •L L L r E D 4-j E N Z c C 'u O E H H a U LLLL LL U U Lu Lu CD Q LU ,f SC AGENDA MEMORANDUM Future Item for the City Council Meeting of December 10, 2013 Gd7apr�M M1ry�p rs Action Item for the City Council Meeting of December 17, 2013 DATE: November 15, 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 Contribution-In-Aid-Of-Construction Mary Rhodes Pipeline Phase 2 CAPTION: Motion approving a Contribution-In-Aid-Of-Construction Agreement with American Electric Power (AEP) Texas Central Company in the amount of $1,450,000.00 for raising AEP's 69 KV transmission line that crosses the sedimentation basin of Mary Rhodes Pipeline Phase 2. PURPOSE: The purpose of this Agenda Item is to approve a contract that will set forth the terms and conditions under which AEP Texas Central Company will proceed with engineering, design, procurement, and construction work in connection with the AEP Texas Central Company's 69 KV Markham to Bay City Pump Tap Transmission Line that crosses Mary Rhodes Pipeline Phase 2 site located in Matagorda County. BACKGROUND AND FINDINGS: The proposed sedimentation basin of the Mary Rhodes Pipeline Phase 2 Project is located in Matagorda County where an existing AEP 69 KV transmission line passes through. Per the requirement of National Electricity Safety Code (NESC), a clearance between the equipment of the sedimentation basin and power lines must be 15 feet. To start the construction of the sedimentation basin, one transmission line structure has to be relocated from the footprint of the proposed sedimentation basin and the transmission line has to be raised to meet NESC clearance requirements for construction equipment. In April of 2013, AEP was given an administrative contract for preliminary design services to relocate the existing AEP transmission line pole within the sedimentation basin footprint and to raise the transmission line for Mary Rhodes Phase 2 construction and maintenance activities. The excavation of sedimentation basin of Mary Rhodes Pipeline Phase 2 is scheduled in March, 2014, but AEP cannot shut down service to their customer (Lower Colorado River Authority) LCRA after that time. Due to time limitation, AEP is not able to provide a permanent solution prior to March 1, 2014 and a temporary solution must be reached prior to March 1, 2014. This contract allows AEP to continue the remaining design and construction services for relocation and raising the transmission line. AEP will temporarily relocate/raise the line prior to the start of Mary Rhodes Phase 2 construction startup and then will follow up with a permanent relocation in the fourth quarter of 2014. ALTERNATIVES: 1. Execute the amended Contract for Professional Services with AEP Texas Central Company as proposed. 2. Do not execute the amended Contract for Professional Services with the AEP Texas Central Company as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2013-2014 Water Capital 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 $11,694,978.00 $53,013,025.00 $96,240,000.00 $160,948,003.00 Encumbered / Expended Amount $11,694,978.00 $11,694,978.00 This Item $1,450,000.00 $1,450,000.00 Future Anticipated Expenditures This Project $51,563,025.00 $96,240,000.00 $147,803,025.00 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Water CI P #7 Comments: This agreement will result in the expenditure of an amount not to exceed $1,450,000.00. The amount is based on the estimated cost of performing the work. The actual scope and cost of performing the work may deviate. RECOMMENDATION: City Staff recommends approval of a Contribution-In-Aid-Of-Construction Agreement with American Electric Power (AEP) Texas Central Company in the amount of $1,450,000.00 for raising AEP's 69 KV transmission line that crosses the sedimentation basin of Mary Rhodes Pipeline Phase 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint Presentation PROJECT BUDGET Mary Rhodes Pipeline Phase 2 FUND SOURCE: Texas Water Development Board Loan............................................................ $7,964,079.00 Water Revenue Bonds.................................................................................. 4,462,897.00 Future Funding Required............................................................................... 148,521,027.00 PROJECT TOTAL....................................................................................... $160,948,003.00 FUNDS REQUIRED: 100% Construction Estimate for Pipeline/Pump Stations/Sedimentation Basin (with 10%contingency).................................................................................. $126,513,554.00 Pump Station Pumps and Motors (Smith Pump Company, Inc.)............................. $4,554,446.00 Engineer Design (Freese and Nichols, Inc.)*..................................................... 11,335,503.00 Legal Services & Future Misc Project Costs (Bruce Hawn, Welder Leshin, LLP)**..... 10,812,500.00 Testing (Estimate)........................................................................................ 450,000.00 Construction Observation (Estimate)................................................................ 2,450,000.00 AEP Transmission Line Relocation (INCLUDES THIS ITEM)................................ 1,500,000.00 Reimbursements.......................................................................................... 3,332,000.00 TOTAL...................................................................................................... $160,948,003.00 PROJECT BUDGET BALANCE..................................................................... $0.00 *Original Design Contract awarded October 28, 2003 by Motion No. M2003-394 *Amendment No. 1 awarded October 19, 2004 by Motion No. M2004-387 *Amendment No. 2 awarded December 18, 2007 by Motion No. M2007-334 *Amendment No. 4 awarded March 9, 2010 by Motion No. 2010-051 *Amendment No. 9 awarded July 30, 2013 by Motion No. M2013-125 **Legal Services Agreement awarded July 12, 2011 by Motion No. M2011-164 K:�ENGI ERRING DATAEXCH ANGEAJORGEC2UO RGECIEX HIBITSIEXHE1tbOOBkEXHE100 8 „//, Al i K% r%O WI g r%/ rrr, a, x r Ar A/l dd rrrrar / i �iai 'NS k XN / '� ,r//� PROJECT P � !C e �C�V TtCPIW I as / r rrr� a ro / / i , ' %ii rai /rr 13 r %% r i „r r ri/iii ar r ro/ r rir � ria/r � r /i / y, ri i Na 31, ./ / /� /� �� i' /alai r�ri�/%%/i//i // ME 'r /r -LOCATIONMAP - NOT PROJECT#E1'0008' MARY CITY COUNCIL EXHIBIT RHODES PIPELINE CITY OF CORPUS CHRISTI, TEXAS WSSE 2 DEPARTMENT OF ENGINEERING SERVICES A400 1 of I i dry ii6i�i�.> P 11 Hea 2 21 I;broTp s l r,sfi, 'b 784:,3 212: ,1en COM A unit of American Electric Payer November 5, 2013 Mr. Dan Biles, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78469 Re: Request to elevate AEP Texas Central Company's 69 KV Markham to Bay City Pump Tap Transmission Line that crosses the Mary Rhodes Pipeline Phase 2 site located in Matagorda County Dear Mr. Biles: This letter (the "Agreement") sets forth an agreement between the City of Corpus Christi ("Customer") and AEP Texas Central Company ("Texas Central") under the terms of which Texas Central will proceed with the engineering, design, procurement and construction work described in Section 2 of Exhibit A to this Agreement (the "Work"). The Customer has requested that Texas Central elevate the Texas Central 69 KV Markham to Bay City Pump Tap Transmission Line ("Transmission Line") in connection with the Customers Mary Rhodes Pipeline Phase 2 River and Booster Pump Stations Project No. E10008 ("MRPP2 Project") located near Bay City in Matagorda County, Texas. Customer has requested Texas Central to provide this service pursuant to Texas Central's Tariff for Electric Delivery Service (the Tariff). This Agreement shall only become effective upon Customer's delivery of the properly executed Agreement and required CIAC Payment to Texas Central (the "Effective Date") on or before December 31, 2013. 1. CIAC Payment. Customer agrees to compensate Texas Central as a contribution in aid of construction for all costs that Texas Central actually incurs in its performance of the Work, determined in accordance with Texas Central's standard accounting practices (the "CIAC Payment"). Texas Central has indicated that the estimated cost2 of performing the All capitalized terms used in this Agreement, including the attached Exhibit A,but not defined have the meanings given to them in the Tariff,unless the context in which such terms are used clearly indicates otherwise. 2 As used in this Agreement, the term "cost" means all of Texas Central's expenses in performing the Work including, but not limited to, actual attorney's fees associated with providing the service under this Agreement and all of Texas Central's fully embedded costs for labor, materials, and equipment (including all applicable overheads and taxes associated with Customer's CIAC)as determined in accordance with Texas Central's standard accounting practices and Tariff. CIACs are taxable and "cost" shall include an Income Tax Component of Contribution ("ITCC") at the current applicable rates, which are revised and published by AEP annually and are available upon request. Doc 817121 Mary Rhodes Pipeline Phase 2 Page 2 of 5 Work, as outlined in Exhibit A, is One Million Four Hundred Fifty Thousand Dollars ($1,450,000) which Customer acknowledges is reasonable. The CIAC Payment to be initially made by Customer to Texas Central on the Effective Date of this Agreement is One Million Four Hundred Fifty Thousand Dollars ($1,450,000) based on the estimated cost of performing the Work as shown in the attached Exhibit A. Exhibit A reflects only an estimate of the scope of the Work and the cost of performing the Work (including the estimated ITCC amount). Customer understands that the actual scope and cost of performing the Work may deviate from that shown in Exhibit A. Customer will retain the right to approve in writing any deviation in the scope or cost of performing the Work shown in Exhibit A if such deviation would result in a cost increase of twenty percent (20%) or more, which approval will not be unreasonably withheld or delayed. In the event that Customer withholds or delays its written approval for more than fifteen (15) days after its receipt of written notification, Texas Central may suspend performance of the Work pending receipt of such approval, and in the event such written approval is withheld or delayed for more than thirty (30) days, Texas Central may cancel this Agreement and recover from Customer all actual costs that Texas Central has incurred (including costs that it has committed to expend and that cannot be cancelled ) through the date of cancellation. Upon completion of the Work, Texas Central shall determine the actual cost incurred in performing the Work. In the event the actual cost of the Work is greater than the CIAC Payment initially made by Customer to Texas Central, Texas Central will invoice Customer for the amount of the deficiency, and Customer will pay such amount within thirty (30) days of receipt of that invoice. In the event the actual cost of the Work, net of the customer allowance, is less than the CIAC Payment initially made by Customer to Texas Central, Texas Central will refund to Customer the amount of the excess within thirty (30) days of its determination of the actual cost of the Work. 2. Cancellation Costs. If Customer cancels this Agreement prior to completion of the Work or if Texas Central cancels this Agreement in accordance with either of the following two paragraphs, Customer shall pay Texas Central for all of Texas Central's actual costs related to the Work (including the costs associated with commitments for purchases not yet delivered and/or re-stocking fees or order cancellation fees, and the cost associated with the removal of facilities already installed but rendered idled as a result of the cancellation of the Agreement) through the date this Agreement is canceled ("Cancellation Costs"). Texas Central shall make use of the CIAC Payment to pay that obligation and bill Customer for any deficiency, or pay Customer for any excess. 3. Target Completion Date. Texas Central shall use commercially reasonable efforts to complete the Work on or before March 1, 2014 (Temporary Solution) and November 30, 2014 (Permanent Solution) ("Target Completion Date"). However, Texas Central does not promise to complete the Work by the Target Completion Date; and in no event shall Texas Central have any liability to Customer or any third party in the event that Texas Central is unable to complete the Work by the Target Completion Date. If Customer requests Texas Central to delay performance of the Work, and Texas Central agrees to such a delay, the Target Completion Date shall be extended to account for the effects of the requested delay. Customer will also pay Texas Central an additional CIAC Payment Doc 817121 Mary Rhodes Pipeline Phase 2 Page 3 of 5 for any increase in estimated cost of performing the Work resulting from such delay, including demobilization and remobilization costs and suspension, termination or cancellation costs payable to third parties. If, after initiation of a requested delay, Customer does not authorize Texas Central to recommence the Work on or before May 1, 2015, then Texas Central may, at its option, cancel this Agreement. Customer recognizes that events beyond the reasonable control of Texas Central may make it necessary to extend the Target Completion Date. If Texas Central reasonably determines that it will not be able to complete the Work by the Target Completion Date, Texas Central will notify Customer, and the Target Completion Date will be adjusted to reflect the earliest date that Texas Central reasonably determines that it can complete the Work. 4. Easements. Customer agrees to assist Texas Central in obtaining, at no cost to Texas Central, easements and rights-of-way (the "Easements") to the extent required for Texas Central's performance of the Work, on terms reasonably acceptable to Texas Central. All costs incurred by either Customer or Texas Central related to obtaining the Easements (including the actual ITCC amount resulting from Customer's reimbursement of Texas Central for these costs) shall be borne by Customer and paid as part of the CIAC Payment. Texas Central and Customer recognize that an estimate of the cost of acquiring the Easements (including the estimated ITCC amount) has been included in the estimated cost of performing the Work. Texas Central agrees to commence commercially reasonable efforts to acquire the Easements upon the Effective Date. However, if the Easements have not been acquired within sixty (60) days after the Effective Date on terms reasonably acceptable to Texas Central, Texas Central may suspend performance of the Work until the Easements have been acquired. If after the expiration of the sixty- day period, Texas Central reasonably determines that it cannot obtain the Easements on reasonably acceptable terms, notwithstanding its commercially reasonable efforts to do so, and that such inability to obtain the Easements will prevent Texas Central from timely performing the Work, then Texas Central may, at its option, cancel this Agreement. 5. Cooperation. Customer agrees to meet with Texas Central and to provide Texas Central with information that is reasonably necessary to perform the Work. 6. Ownership/Use of Work. All of the facilities installed by Texas Central in performing the Work shall be owned, maintained and controlled solely by Texas Central. Customer understands that it receives no ownership or control of those facilities by virtue of the payment of the CIAC. Texas Central expressly retains the right to use those facilities for any purpose that Texas Central deems appropriate under good utility practices, including the distribution of electric service to other customers. 7. Performance Standards/Disclaimer of Warranties. Texas Central will perform the Work in accordance with applicable laws, rules and regulations, including ERCOT requirements and Public Utility Commission of Texas ("PUCT") rules and orders, and subject to required regulatory consents and approvals. Except for the foregoing, TEXAS CENTRAL HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, Doc 817121 Mary Rhodes Pipeline Phase 2 Page 4 of 5 FITNESS FOR A PARTICULAR PURPOSE, OR GOOD AND WORKMANLIKE PERFORMANCE. 8. Limitation of Liability. TEXAS CENTRAL (AND ITS OFFICERS, EMPLOYEES AND CONTRACTORS) SHALL NOT BE LIABLE FOR ANY ECONOMIC OR COMMERCIAL LOSSES OR OTHER SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFIT OR REVENUE, LOSS OF USE OF EQUIPMENT, COST OF CAPITAL, OR DAMAGE TO REPUTATION OR RELATIONS) RESULTING FROM THE PERFORMANCE OR FAILURE TO PERFORM THE WORK DESCRIBED HEREIN, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER THEORY OF LIABILITY. 9. Nature of Work. In performing the Work, Texas Central is making modifications and additions solely to its own electric system, in accordance with the Tariff, in response to Customer's request for electric Delivery Service. Texas Central is not performing any work on any facilities or equipment owned, or to be owned, by Customer. No provision contained in this Agreement and no action on the part of any of the parties hereto shall be construed as creating an employer/employee relationship, joint venture or any other relationship other than that of regulated electric utility and Delivery Service customer. Nothing contained herein shall be construed as a waiver or relinquishment by Texas Central of any right it has or may hereafter have to discontinue Delivery Service for default in the payment of any bill owing or to become owing hereunder or for any reason or cause allowed by law. 10. Amendments/Modifications. No amendment or modification of this Agreement shall be valid and binding unless made in writing and signed by the respective authorized representatives of Texas Central and Customer. 11. Entire Agreement. This Agreement,together with all applicable provisions of the Tariff, constitutes the entire understanding and commitment of the parties hereto and shall supersede all prior offers, negotiations and agreements relative to the subject matter hereof. If the foregoing meets with your approval, please have the appropriate authorized officer or agent of your company sign the attached two (2) copies of this letter and return them both to me. I will have one copy with original signatures returned once this Agreement has been fully executed by Texas Central. Doc 817121 Mary Rhodes Pipeline Phase 2 Page 5 of 5 We are looking forward to working with you on this project. Very truly yours, Customer Services ccount Manager cc: David Hawk-AEP Agreed and accepted: Agreed and accepted: City of Corpus Christi AEP Texas Central Company By: By: Name: Name: Title: Title: Date: Date: Doc 817121 Exhibit A to City of Corpus Christi/Texas Central Letter Agreement Dated November 5, 2013 1. Assumptions for elevating a portion of the Transmission Line near Bay City in Matagora County: • Texas Central does not expect the Work to require the issuance of a Certificate of Convenience and Necessity (CCN) by the Public Utility Commission of Texas. The Cost estimates and Target Completion Date estimates are based on this expectation. If a CCN is determined to be necessary, the Cost estimates and the estimated Target Completion Date will require adjustment. Customer will be responsible for reimbursing Texas Central for all its costs in obtaining such a CCN. 2. Scope and Estimated Cost of Work: Scope of Work Customer's Share of Estimated Cost of Work • Permanent Solution: Texas Central will install two $989,090.16 deadend structures and two tangent structures to increase the height of the Transmission Line between structures 2/8 and 3/1 • Temporary Solution: Install two direct embed $364,440 tangent structures to increase line height to allow City of Corpus Christi to start construction • Federal Income Tax Component of Contribution $132,069.84 (ITCC) • Texas Central will remove 4 H-Frame Structures $14,400 • Preliminary Engineering Agreement ($50,000) Total Estimated Cost of Work to be Paid by Customer $1,450,000 Doc 817121 o � O V � � � V � � O Q � � U � � O ............................................ ON �+ w H • d? 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Q"ch N c 0 C II Sol U uj III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIOIInllllllllllllllllllllllllllllllllllllllllllllnnlllll 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000 0 990 O I` ti C7 CO m O O O O O m 0 I` 0') N O LO X 0 0 0 00 00 O 00 O O LO 'IT LO LO O 00 00 h n � N � CO C7 � LO N O O O N CO W.J CO CO N IT LO C7 LO LO O C7 � O � LO O LO LO (y) 00 IT NT LO (y) O I` V C6 O CO V O N C7 O 6c3 6c3 6c3 a (C) • O J J C7 r 0 ti C? 4.1 O L N I` O p O N (U J O O N O N N Z 0 2 O � O 00 O Z 70 �j p O Z O N O LLI Z O O ~ ° ° zZ° > _ 0 ° �, O ° E = O O p o O C/) U N 0 o O N Q mCO O O N - N U _ i O (6 a a U U L O aD N CO co 2t. U 0 0 O Z E to O O Q C/) o U N a) O -0 U_ O M O LLB N O D U (6 O 0 0 -0 U U Z (6 O D c6 CO w > m Q o a� `" w i o C7 U N rn Q U D ° cy U a °' n 06 p - LMz z z z v a� aa) - w n O o a� U ° E E m L O > ° ° o w ° ��o� L E E E E vJ V) a U- V O \ �' N a) U i V w cn U o cn O (n J W >� 00 °' a°1i aui O w 0- E.D 0 L J LL > LL 0- LL 0- w J U Q 0 a 0 0 0 Q OCR d AGENDA MEMORANDUM �oaPOwR,k� Future Item for the City Council Meeting of December 10, 2013 2852 Action Item for the City Council Meeting of December 17, 2013 DATE: December 2, 2013 TO: Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, P.E., Director of Water Utilities GustavoGo@cctexas.com (361) 826-1874 Daniel Biles, P.E., Director of Engineering Services DanB(a)cctexas.com (361) 826-3729 Approving a reservation agreement with Valero Refining —Texas, L.P. for recycled water CAPTION: Motion authorizing the City Manager or designee to execute an Agreement for Exclusive Reservation of Recycled Water (the "Reservation") with Valero Refining —Texas, L.P. (Valero) for 4 million gallons per day (mgd) of recycled water. PURPOSE: (a) Obtain Council's review and decision on the question of whether to grant Valero an exclusive reservation for 4 mgd of recycled water; and (b) Obtain Council's authority to execute the Reservation Agreement BACKGROUND AND FINDINGS: Valero is interested in exploring the possibility of receiving and using the City's recycled water for cooling tower and other industrial use applications at both of its local refineries doing business as the Valero Corpus Christi West Refinery and the Valero Corpus Christi East Refinery. Valero proposes a period of time for evaluation, equipment pilot testing and water quality testing to confirm suitability of the Recycled Water and any onsite treatment cost for the intended industrial applications. To allow Valero time to perform the necessary evaluations and testing, Valero proposes an Agreement for Exclusive Reservation of Recycled Water (the "Reservation"). Under the Reservation, Valero would pay the City a reservation fee of $100,000.00 and, in exchange, the City would reserve, for Valero's exclusive benefit, the capacity for delivery of up to 4 million gallons per day (mgd) of recycled water from the new Broadway Wastewater Treatment Plant (BWWTP), or 4 mgd recycled water from any of our other wastewater treatment plants, in the event that the City is no longer operating the BWWTP. Under the terms of the Reservation, the City agrees not to enter into any other agreement or reservation for the 4.0 mgd of recycled water from the BWWTP or an amount of recycled water that would in any way restrict the City's ability to furnish Valero 4.0 mgd of recycled water. Before the Reservation expires, Valero agrees that it will inform the City if it intends to enter into one or more recycled water agreements for either or both of its local refineries. ALTERNATIVES: 1. Authorize the Reservation as proposed. 2. Request changes to the proposed Reservation. 3. Deny authority to execute the Reservation. 4. Deny authority to execute the Reservation and motion to direct staff to issue an RFP for industrial use of the City's recycled water OTHER CONSIDERATIONS: The City's wastewater treatment plants produce recycled water that is classified as Type II reclaimed water. TCEQ has granted the City certain authority to deliver its recycled water for the Type II uses allowed under Chapter 210 of the Texas Administrative Code (TAC). Some of the City's golf course and cemetery customers use the City's recycled water for the Type II-allowable use of irrigating their golf courses and cemeteries. Although the law also allows for the use of Type II for cooling towers and other industrial applications, none of the City's industrial district customers are using the City's recycled water at this time. CONFORMITY TO CITY POLICY: This item conforms to City's policy to obtain Council's approval and authority to grant an interest in real property or the city asset of water, which is considered to be a real property-like asset. For our purposes here, the term water as used in this section includes treated wastewater, also known as "effluent," or"recycled water." An industrial water customer's use of the City's recycled water for allowable industrial uses is consistent with the City's water conservation policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item Future Anticipated Expenditures BALANCE COMMENTS: RECOMMENDATION: Approval of the Reservation as proposed. LIST OF SUPPORTING DOCUMENTS: Agreement for Exclusive Reservation of Recycled Water Valero Agreement for Exclusive Reservation of Recycled Water Between Valero Refining—Texas, L.P. and City of Corpus Christi This Agreement for Exclusive Reservation of Recycled Water(the "Reservation") is made by and between The City of Corpus Christi, acting by and through its authorized representative,the City Manager or designee (the "City"), and Valero Refining—Texas, L.P. ("Valero"). Valero and the City may hereinafter be referred to as a "Party" or collectively as the "Parties". WHEREAS,Valero operates two petroleum refineries located in Corpus Christi,Texas; WHEREAS,the Texas Commission on Environmental Quality has issued an Authorization for Reclaimed Water to the City that provides the City with certain authority for the use and transfer of reclaimed water or treated wastewater effluent, referred to in this Agreement as"recycled water"); WHEREAS,Valero would like time to evaluate entering into a recycled water agreement with the City; NOW,THEREFORE, for and in consideration of mutual covenants herein contained, it is agreed by and between the Parties as follows: I. Reservation. A. Term and Fee. For and in consideration of payment of a reservation fee in the amount of One Hundred Thousand Dollars($100,000.00)to be paid within thirty days of the date the City Manager or the City Manager's designee signs this Reservation,the City will reserve for the exclusive benefit of Valero the capacity for delivery of up to 4 million gallons per day (mgd) of recycled water/treated wastewater effluent from the new Broadway Wastewater Treatment Plant (BWWTP), or 4 million mgd from any of the City's other wastewater treatment plants in the event that the City will no longer be operating the BWWTP . The Reservation shall start on the Effective Date and expire nine months from the Effective Date. During the term of the Reservation,the City shall not enter into any other agreement or reservation for the 4.0 mgd of treated wastewater effluent from the BWWTP or an amount of treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 mgd of treated wastewater effluent subject to this Reservation. The nine-month reservation period is to allow Valero time for evaluation,equipment pilot testing and water quality testing to confirm suitability of the recycled water and any onsite treatment cost for the intended industrial applications. Before the expiration of the Reservation,Valero will inform the City in writing if it intends to enter into a recycled water agreement(s)for either or both of its local refineries dba the Valero Corpus Christi West Refinery and the Valero Corpus Christi East Refinery. B. Effective Date. The Effective Date of this Reservation is the date upon which it is signed by the City. 1 C. Termination. The City may terminate this Reservation in the event that Valero fails to timely pay the$100,000.00 reservation fee and Valero has been provided written notice of this failure and thirty(30) days to cure. D. Extension. Valero may request to extend this Reservation for an additional three-month period by providing the City with a written request at least thirty(30) days prior to the termination date of this Agreement. If the City approves Valero's request to extend this Reservation, upon Valero's payment of a reservation extension fee of Seventy-Five Thousand Dollars($75,000.00), which must be received by the City before the termination date, this Reservation will extend for a period of three months. The extended Reservation shall be exclusive and during the extended term of the Reservation, the City shall not enter into any other agreement or reservation for the 4.0 mgd of treated wastewater effluent from the BWWTP or an amount of treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 mgd of treated wastewater effluent subject to this Reservation. E. Notices. Any notice provided for in this Reservation and any other notice, demand or communication which any Party may wish to send to any other Party relating to the subject matter of this Reservation shall be in writing and either delivered by recognized national overnight courier delivery service such as Federal Express, UPS or DHL, hand-delivered, or sent by regular U.S. postage prepaid, and addressed to the Party for which such notice,demand,or communication is intended at such Party's address as provided below. Copies of all notices to Valero shall include a copy to: If to Valero: Valero Refining—Texas, L.P. 1147 Cantwell Lane Corpus Christi,TX 78249-1616 Attn:Joe Almaraz Telephone: 361-289-3328 Facsimile: 361-289-3126 If to the City: City of Corpus Christi 2726 Holly Road Corpus Christi,TX 78415 Attn: Gustavo Gonzalez, Director of Water Operations Telephone: 361-826-1874 Facsimile: 361-826-1889 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 Attn:Veronica Ocanas,Senior Assistant City Attorney Telephone: 361-826-3375 Facsimile: 361-826-3239 Any Party may change its address for notice hereunder to any other address by giving written notice of such new address to the other Parties in accordance with this Section. Any notice, demand, or other communication shall be in English, and shall be deemed given and effective as of the date of delivery. The inability to deliver because of a changed address of which proper 2 ^ / ^ notice was not given, or rejection or other refusal to accept any notice, demand or other communication, shall be deemed to be the receipt of the applicable notice, demand or other l communication asnf the date of such inabi/hxtode/�erorn�ectionor refusal toaccept. � ' The date of notice shall be the date it is received bv the addressee o/the office ofthe | addressee, whichever isearlier. ` � 11. Negotiation of Recycled Water Agreement Terms Within the Reservation Period. i A. The Two Refineries. Upon written notice ot any time during the term of this Reservation from Valero that it wishes to enter into a recycled water agreement for 4 mgd of recycled water, the Parties will negotiate the terms of any agreement in good faith. |U. Reservation is Not a Reclaimed Water Supply Agreement. A. The Parties recognize that this Reservation is an agreement to reserve 4 mgd for a period of ^ time, not an agreement to supply or deliver 4 mgd;that this Reservation neither outlines the specific and essential terms for the delivery or supply of recycled water, nor contains any prices or quantities for the delivery or supply of recycled water; and that a future agreement(s) between the Parties will berequired. IV. Miscellaneous Terms. A. Complete Agreement. This Reservation embodies the entire agreement between the Parties hereto relating to the subject matter hereof, and supersedes and replaces in their entirety all prior understandings and agreements relating to the subject matter hereof. 8. Jeverobildv Should any provision of this Reservation or portion hereof be declared invalid, void or unenforceable, it shall not affect the validity nr enforcement ofthe remaining provisions or portion hereof which shall remain in full force and effect as if the Reservation had been executed without such invalid, void or unenforceable provision or portion hereof having been included. C. Assignment. The Parties may not assign the Reservation without the written consent of the other party. D. Modification and Waiver. This Reservation may not be modified or amended except bvan instrument in writing duly executed by both Parties. Either party hereto may, byaninstrument in writing, waive compliance with or breach of any term or provision of the Reservation by the other Party. The waiver by any Party hereto of compliance with or breach nf any term or provision of the Reservation shall not be construed as a waiver of subsequent compliance or of any subsequent breach. E. Authority. Each person executing the Reservation represents that he or she has been duly authorized to do so by the Party on whose behalf he or she is signing, and that in so doing he or she shall bind such Party to all of the terms hereof. 3 F. Counterparts. The Parties may execute the Reservation in identical multiple counterparts, each of which shall be deemed an original and all of which together shall constitute but a single instrument. 4 IN WITNESS WHEREOF,the parties hereto have executed this Reservation to be effective upon approval by the City. VALERO: CITY: VALERO REFINING—TEXAS, L.P. CITY OF CORPUS CHRISTI By: By: Name: Dennis Payne Name: Title: Senior Vice President&General Manager Title: Date: / / Date: 5 .►...� CITY OF CORPUS CHRISTI City Co rpus us DISCLOSURE OF INTEREST Chnsti 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: Valero Refining -- Texas, L.P. P.O. BOX: STREET ADDRESS: One Valero Way CITY: San Antonio ZIP: 78249 - FIRM IS: 1. Corporation e 2. Partnership 8 3. Sole Owner E]4. Association 5. Other DISCLOSURE gUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) None 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee None 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant None EXHIBIT "C" Page 1 of 2 FILING REQUIREMENTS if a person who requests official action on a matter knows that the requested action will confer an economic benefiton 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 ernployce in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICA'T'ION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Ethan Jones 'Title: Assistant Secretar (Type or Print) Signature of Certifying Date: ° Person: �,N 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 organisations. c. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,"Texas. f" "Ownership interest." l.,egal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate„ or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements," g "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "C" Page 2 of 2 C) AGENDA MEMORANDUM Future Agenda for the City Council Meeting of December 10, 2013 Action Item forthe City Council Meeting of December 17, 2013 DATE: November 25, 2013 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Planning and Environmental Services Email:PeteAn @cctexas.com Work Phone: 826-3781 Interlocal Cooperation Agreement with University of NorthTexas CAPTION: Resolution authorizing the City Manager or City Manager's designee to execute an Interlocal Cooperation Agreement with University of North Texas in the amount of$339,400 for an air quality research and planning program, which includes air quality monitoring and modeling projects, and development of an emissions inventory for the Nueces and San Patricio Counties area. PURPOSE: This item will authorize the City Manager orCity Manager's designee to execute an Interlocal Cooperation Agreement with University of North Texas in the amount of$339,400 for an air quality research and planning program. BACKGROUND AND FINDINGS: The Texas Commission on Environmental Quality(TCEQ) has made an additional$442,300.00 available to the City for air quality planning.The City's Rider 8 Air Quality planning grant provides fortheCity to sub-contract Near Non-attainment Assessment and Planning and Pollution Prevention Partnership. The City of Corpus Christi has served as the adminiiistrator for state funded air quality grants since the mid-1990s. The most recent biennial TCEQ grant No.. 582-14-40055 was executed in August 13, 2013. The term of the grant is September 1, 2013 through August 31, 2015. The attached TCEQ agreement provides funds associated with the current grant in order to continue the air quality activities through August 31,2015. The TCEQ and City will address the work program for the FY2014-2015 funding through amendment of the work program to be administratively approved by the City Manager or designee. ALTERNATIVES: 1. Approval of the Resolution as recommended. 2. Decline to execute the agreement. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The contracts and selection process complies with City Policy. EMERGENCY/NON EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Environmental Services FINANCIAL IMPACT: o Operating o Revenue o Capital X Not applicable Project to Date FiscalYear:2014 Expenditure 2015 s Current Year Future Years TOTALS Budget $339,400.00 $3399400.00 Encumbered/ Expended Amount 0.00 0.00 This item 01 0.00 BALANCE 01 0.00 $339,400.00 Comments: Funds not sub-contracted will be utilized to defray the cost of grant administration RECOMMENDATION: Approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Interlocal Cooperation Agreement Between University of North Texas and the City of Corpus Christi. Resolution INTERLOCAL COOPERATION AGREEMENT BETWEEN UNIVERSITY OF NORTH TEXAS AND THE CITY OF CORPUS CHRISTI WHEREAS, University of North Texas ("UNT") and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contact; WHEREAS, UNT has been a partner in the City's air quality assessment and planning activities for the Coastal Bend Region; WHEREAS, the City desires to continue its partnership with UNT in this effort; WHEREAS,the air quality assessment and planning activities include identifying, inventorying, and monitoring of current pollution levels; modeling future pollution levels and the identification and quantification of potential pollution reduction through voluntary control, and other action plans for improving the Corpus Christi area air quality and maintain compliance with federal ozone standards; WHEREAS, the 83rd Texas legislature in Article VI.8 of the General Appropriation Act ("Rider 8") made funds available to the Texas Commission on Environmental Quality("TCEQ") to conduct air quality planning activities in areas considered to be near non-attainment; WHEREAS, the CITY entered into a State Funded Grant Agreement ("Grant"), Contract No. 582-14-40055 with the Texas Commission on Environmental Quality("TCEQ") for air quality planning activities in areas considered to be near non-attainment for the ozone standard under the Federal Clean Air Act Amendments of 1990, which activities may include without limitation identifying, inventorying, and monitoring of current pollution levels; modeling future pollution levels and the identification and quantification of potential pollution reduction through voluntary control, and which activities will be consistent with TCEQ monitoring, inventory and modeling approaches and infrastructure, and conduct air quality planning activities in the Costal bend Region; WHEREAS, an element of the City's proposal for the Grant was UNT's proposed "Corpus Christi Air Quality Monitoring Activities" as a continuation of the City's Regional Air Quality Program; WHEREAS, the grant provides funding for Corpus Christi Air Quality Monitoring Activities and other types of air quality planning activities and projects that the City, in cooperation with its partners, will complete by August 31, 2015 (and possibly later if the Grant is extended based on authority received from the Texas Legislature to carry forward near non-attainment contract related monies Page 1 of 10 UNT 1415 Contract from the 2014-2015 biennium into the 2016-2017 biennium) detailed in a Work Plan approved by the TCEQ as Attachment B to TCEQ Contract No. 582-14-40055 (copy available upon request); and WHEREAS, the technical support contemplated by this agreement is of mutual interests and benefit to UNT and City; it will further the instructional and research objectives of UNT, in a manner consistent with its status as an agency of the State of Texas; and it will help the city accomplish objectives of its"OZONE Advance Intergovernmental Agreement" with the United States Environmental Protection Agency("EPA") and TCEQ; NOW,THEREFORE, the parties hereto agree as follows: 1. GRANT SUBCONTRACT. Both the City and UNT acknowledge that this agreement is a subcontract to the City's Grant from TCEQ (TCEQ Contract Number 582-14-40055), and that the terms and conditions of the Grant control the administration and execution of this contract. a. The TCEQ Grant No. 582-14-40055 is incorporated into this agreement by reference and is available upon request. b. In the event any provision of this agreement of this agreement conflicts with terms of the Grant, the terms of the Grant control the administration an execution of this agreement. c. UNT agrees to comply with all requirements imposed by TCEQ that are applicable to subcontractors. d. UNT agrees to conduct all of its activities in compliance with the terms of the Grant, and not to take any action that would cause or contribute to the City to defaulting upon the terms of the Grant. e. UNT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services and other work furnished by UNT under this agreement. UNT must perform the work in conformity with the standards and guidance documents provided by the TCEQ. The City and TCEQ may withhold reimbursement for costs of non-conforming work. 2. STATEMENT OF WORK. UNT agrees to use its best efforts to execute the Work Plan document that describes down to the task level (Tasks 1 through 3) the projects in support of the State Implementation Plan (SIP) development process and other types of air quality planning activities and projects that the City, in cooperation with its partners, will complete by August 31, 2015, as described in the Rider 8 Funding Request Work Plan, Attachment B to TCEQ Contract No. 582-1440055. Page 2 of 10 UNT 14-15 Contract 3. PRINCIPAL INVESTIGATORS.The program will be supervised by Dr. Kuruvilla John of the College of Engineering. If, for any reason, he is unable to continue to serve as Principal Investigator, and a successor acceptable to both UNT and the City is not available, the agreement shall be terminated as provided in paragraph 7. 4. PERIOD OF PREFORMANCE. The program shall be conducted from the execution date of the contract through August 31, 2015. 5. PRICE AND PAYMENT. As compensation for the performance of the agreement, the City agrees to reimburse UNT up to Three Hundred Thirty-Nine Thousand Nine Hundred Four dollars ($339,400) for expenses authorized under the Grant. a. This agreement is funded exclusively from funds made available to the City by the Grant. The City's obligation is limited by the provisions of the Grant. The City is not liable to make payment to UNT, if funding is not available from TCEQ through the Grant. Payments may not exceed Three Hundred Thirty-Nine Thousand Nine Hundred Four dollars ($339,400) from the execution of this Agreement to August 31, 2015. b. All contractual expenditures reimbursed with funds provided under this agreement shall meet all procurement laws and regulations applicable to UNT and the UGMA and the UGMS. Note that competitive bidding will generally be required for contracts with entities other than local governments and state and federal agencies. Note also that the Common Rule of OMB Circular A-102, as adopted in the UGMS, precludes the use of the cost plus a percentage of cost of contracting. c. UNT shall forward any proposed subagreement providing for the performance of services under this agreement to the City prior to execution of the subagreement. Neither the City's or TCEQ's failure to question a subagreement nor its subsequent withdrawal of any questions raised regarding subagreement shall in any way imply the City of TCEQ's approval of the subagreement' s purpose or method of procurement of the subagreement. Further, the terms of this provision do not in any way restrict the City's and TCEQ'S rights under this agreement or the Grant to subsequently refuse reimbursement for expenses incurred pursuant of the subagreement. UNT may require a bid bond to protect the local and state interests by assuring that the bidder will, upon acceptance, execute all required contractual documents within the time period specified. d. Invoices for compensation shall be submitted to the following address: City of Corpus Christi Attn: Sharon Bailey Lewis P.O. Box 9277 Corpus Christi, TX. 78469-9277 e. The City agrees to reimburse UNT for the costs billed within thirty(30)days of receipt of invoice. All payment shall be sent to: Page 3 of 10 UNT 1415 Contract Office of Research Services University of North Texas 1155 Union Circle#305250 Denton,Texas 76203-5017 6. DELIVERABLES. The deliverables required under this agreement are specified in the Work Plan (Attachment B to TCEQ Contract No. 582-14-40055). 7.TERMINATION. Performance under this agreement may be terminated by the City upon sixty days of written notice. Performance may be terminated by UNT, if circumstances beyond its control preclude continuation of Program. Upon termination, UNT will be reimbursed as specified in paragraph 5 of all costs and non-cancelable commitments incurred in the performance of the program , that are reimbursable under the Grant. However reimbursement may not exceed the total estimated cost specified in paragraph 5. 8. INTELLECTUAL PROPERTY. a. Royalties and patent fees. UNT shall pay all license fees royalties and assume all costs incident to the use or possession in performance of the Work or incorporation in Work of any Intellectual Property. b. Disclosure of Intellectual Property Produced during the Work. UNT shall promptly notify the City and TCEQ of all Intellectual Property that UNT or UNT's employees, subcontractors, or subcontractor's employees may produce, either solely or jointly with others, during the course of Work. In addition, UNT shall promptly notify the City and TCEQ of all intellectual property which UNT may acquire in connection with the performance of the work. Any notification under this paragraph shall contain sufficient technical detail to convey a clear understanding of the intellectual property, and shall identify any publication, sale, public use, or impending publication. Promptly upon request UNT shall supply additional information as the City and TCEQ may request. c. Failure to Protect Intellectual Property. If UNT fails to protect any intellectual property right in the in the intellectual property produced in the course of performing the work, the City and TCEQ shall have full authority to protect, assume and retain all intellectual property rights in any and all intellectual property. d. Non-Interference with Intellectual Property Rights of City and TCEQ. UNT agrees that UNT, its agents and its employees shall not in any manner use, sell, distribute, disclose or otherwise communicate any portion of intellectual property owned by or licensed to the City of TCEQ, except in the course of performing the work, unless UNT has independent intellectual property rights to the intellectual property. e. Grant license. With respect to any intellectual property as is(i) incorporated in the work (other than intellectual property for which the City and TCEQ already possess equal or greater intellectual property right by virtue of this agreement or otherwise) or(ii) produced by UNT or UNT's employees, subcontractors, or subcontractor's employees Page 4 of 10 UNT 14 15 Contract during the course of performing the work LINT hereby grants to the city and TCEQ (r) a nonexclusive, perpetual, irrevocable, enterprise-wide license to reproduce, publish, or otherwise use the intellectual property and associated use documentation, and (H) a nonexclusive, perpetual, irrevocable, enterprise-wide license to authorize others to reproduce, publish, or otherwise use Intellectual Property for the City's and TCEQ's purposes. f. Modification; Derivative Works. The City and TCEQ shall have the right at their own discretion, to independently modify any intellectual property to which license is granted for the City and TCEQ's own purposes and use, through the services of its own employees or independent contractors. The City and TCEQ shall own all intellectual property right to the modifications. LINT shall not incorporate any modifications into its intellectual property for distribution to third parties unless it first obtains a license from the City and TCEQ. g. Compliance with Applicable Laws and Regulations. LINT shall comply with all laws and regulations relating to intellectual property. h. Representations Relating to Intellectual Property Rights. UNT represents and warrants to the City and TCEQ that UNT will not infringe any intellectual property right of any third party. UNT further represents and warrants to the City and TCEQ that in the course of performing the work it will not use or possess any intellectual property owned by a third party without paying any required royalty or patent fees. UNT warrants that it has full title in and ownership of intellectual property and any enhancements, updates or other modifications, or that it has full power and authority to grant all license granted in this agreement, and that the license use by City and TCEQ will in no way constitute an infringement or other violation of any intellectual property right of any third party. The UNT warrants that it shall have, throughout any applicable license tern under this agreement, free and clear title to, or the right to possess, use sell, transfer, assign, license, or sublicense products that are licensed or provided to the City and TCEQ by UNT. Except as permitted in this agreement and the Grant, UNT shall not create or permit the creation of any lien, encumbrance, or security interest in the work or any part thereof, or any product licensed or provided to the City and TCEQ for which title has not yet passed to the City and TCEQ, without prior written consent of the City and TCEQ. UNT represents and warrants to the City and TCEQ, that neither it nor any other company or individual preforming work is under any obligation to assign or give to any third party any intellectual property rights granted or assigned to the City and TCEQ, or reserved by the City and TCEQ, under this agreement and the Grant. 9. RELEASE OF INFORMATION. UNT shall acknowledge the City and TCEQ, the UNT investigator, the nature of the program, and the dollar value of the agreement in UNT records and reports. Any reports and other documents completed as part of this agreement, other than documents prepared exclusively for internal organizational use by UNT, shall carry the following notation on the front cover or title page: Page 5 of 10 UNT 14-15 Contract "PREPARED IN COOPERATION WITH TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE CITY OF CORPUS CHRISTI" 10.TITLE TO EQUIPMENT. Subject to the obligations and conditions set forth in this agreement and the Grant, title to all equipment acquired under this agreement shall vest, upon acquisition or construction, in UNT. a. UNT agrees to conduct physical property inventories, to maintain property records and necessary control procedures, and to provide adequate maintenance with respect to all equipment acquired under this agreement. b. UNT may develop and use its own property management system which must conform to all applicable State and local laws, rules, and regulations. If an adequate system for accounting for personal property owned by UNT or its subcontractors in not in place or currently in use, UNT shall contact the State of Texas Comptroller of Public Accounts and request the State Property Accounting User's Guide(#96-418) and the State Property Class Code List. UNT agrees to use these as guides for establishing a property management system c. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds tittle, the acquisition date, and the cost of the property, percentage of federal participation in the cost of property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. d. A physical inventory of all equipment acquired or replaced with funds provided under this agreement having an initial purchase price of One Thousand Dollars ($1,000) or more, shall be conducted no less frequently than once every two years and the results of the inventories reconciled with the appropriate property records. Property control procedures utilized by UNT shall include adequate safeguards to prevent loss, damage, or theft of acquired property. Any loss, damage or theft shall be investigated. UNT agrees to develop and carry out a program of property maintenance as necessary to keep both originally acquired and any replaced property in good condition, and to utilize proper sales procedures to ensure the highest possible return, in the event the equipment is sold. e. Use of Equipment Acquired with Funds Provided Under this Agreement. (1) Equipment shall be used by UNT or subgrantee in the program or project for which it was acquired as long as needed, whether or not the project program continues to be supported by state funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a federal or state agency. (2) UNT or subgrantee shall also make equipment available for use on other projects or programs currently or previously supported by the federal or state government, providing the use will not interfere with the Work on the projects or program for Page 6 of 10 UNT 14.15 Contract which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. (3) When acquiring replacement equipment, UNT or subgrantee may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the awarding agency. f. Disposition of Equipment Acquired with Funds Provided Under this Agreement. When the original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal or state agency, disposition of the equipment may be made as a follows: (1) Equipment with a current per-unit fair market value of less than $1,000 may be retained, sold or otherwise disposed of with no further obligation to the TCEQ. Methods used to determine per-unit fair market value must be documented, kept on the file and made available to the TCEQ upon request. (2) Equipment with a current per-unit fair market value of$1,000 or more must be disposed of as follows: (A) Prior to the termination date of this Agreement, UNT and subgrantees must notify the TECQ. TECQ may require UNT or subgrantees to transfer title and possession to the equipment to the TECQ or a third party named by the TECQ or may alternatively authorize disposition by sale, transfer or in another manner. (B) If, within six years of the initiation date of the Agreement, equipment is sold or transferred, UNT must remit to TCEQ a share of the proceeds from the sale, provided the fair market, per-unit value of the property at the time of the sale is in excess of one thousand dollars ($1,000). The TCEQ's share of the sale proceeds shall be the same percentage as was the funding provided under this Agreement that enabled the original purchase in question. 11. NOTICES. All notices to the parties under this Agreement shall be in writing and sent to the names and address stated. Either party to the Agreement may change such name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. UNT: University of North Texas Office of Research and Economic Development Attention: Barbara Lindley 1155 Union Circle#305250 Denton, TX 76203-5017 Telephone: 940-565-3939 Fax: 940-565-4277 Page 7 of 10 UNT 14,15 Contract City: City of Corpus Christi Attn: Sharon Bailey Lewis F.O. Box 9277 Corpus Christi,TX. 78469-9277 Telephone: (361) 826-4066 Fax: (361) 880-3501 12. Export Administration. a. It is understood that UNT is subject to United States laws and regulations controlling the export of technical data, computer software, laboratory prototypes and other commodities, and that its obligations under this agreement are contingent upon compliance with applicable United States export laws and regulations. Furthermore, it is understood that the transfer of certain technical data and commodities may require a license from one or more agencies of the United States Government. b. Both UNT and City hereby agree and warrant that the program and development contemplated under this agreement, and any exchange of technical data, computer software or other commodities resulting from this agreement, shall be conducted in full compliance with the export control laws of the United States. 13. LIABILITY. IT IS UNDERSTOOD THAT THE CITY SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST UNT, ITS EMPLOYEES, OR THIRD PERSONS, OTHER THAN CITY'S EMPLOYEES, FOR DAMAGE RESULTING FROM OR ARISING OUT OF THE ACTIVITIES OF UNT PERSONNEL UNDER THIS AGREEMENT,AND UNT AGREES,TO THE EXTENT PERMITTED BY SECTION 49, ARTICLE III OF THE CONSTITUTION OF THE STATE OF TEXAS,TO HOLD CITY HARMLESS FROM ANY AND ALL CLAIMS. IT IS ALSO UNDERSTOOD THAT UNT SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AGAINST CITY'S EMPLOYEES, OF DAMAGE RESULTING FROM OR ARISING OUT OF ACTIVITIES OF THE CITY, ITS EMPLOYEES, OR THIRD PERSONS, OTHER THAN UNT EMPLOYEES, AND CITY AGREES,TO THE EXTENT PERMITTED BY SECTION 49, ARTICLE III OF THE CONSTITUTION OF THE STATE OF TEXAS,TO HOLD UNT HARMLESS FROM ANY AND ALL CLAIMS. 14. INDEPENDENT CONTRACTOR. For the purposes of the agreement and all services to be provided under this agreement, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for in this agreement or authorized in writing. Page 8 of 10 UNT 14,15 Contract 15.AMENDMENTS AUTHORIZED. a. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, such as changes in deadlines and minor changes in the scope of work. b. Any amendments to this agreement resulting from amendments to the Grant that increases the scope of work under this agreement due to TCEQ's award of additional funding to the City as a result of the work plan prepared by UNT under this agreement must be authorized by the City Council and the funds appropriated before an amendment to this agreement is executed. c. Any amendments to this agreement increasing or decreasing the amount the City is obligated to pay UNT by$25,000 or more must be authorized by the City Council before an amendment to this agreement is executed. 16. SEVERABILITY. If any of the provisions of the agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the provisions to other persons or circumstances shall not be affected thereby,but shall be enforced to the greatest extent by applicable law. The City and UNT agree that this agreement shall be refonned to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 17. DISPUTE RESOLUTION PROCESS. a. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. b. If the Chapter 2260 procedures are utilized both parties agree the TCEQ may intervene in the proceedings as an interested party. c. The Director of Purchasing, UNT, is designated as the officer designated under §2260.052, Texas Government Code, to examine claims and counterclaims, negotiate, and resolve any claims on behalf of UNT. 18. VENUE. UNT acknowledges and agrees that because this agreement has been executed, and will be administered in Nueces County, Texas, the agreement is to be performed in Nueces County. UNT acknowledges and agrees that any permissible cause of action involving this agreement will arise solely in Nueces County. If a legal action relating to this claim is permissible and there are two (2) or more counties or proper venue under the rules of mandatory, general, or pennissive venue, and one of the counties is Nueces County, UNT agrees to venue in Nueces County. This provision does not waive the City's sovereign immunity. Page 9 of 10 UNT 14=15 Contract 19. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. 20. AUTHORIZATION OF GOVERNING BODIES. The individuals executing this agreement certify that this interlocal agreement has been authorized by the Governing Body for their, as required by Section 791, Texas Government Code. IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their authorized representative. UNIVERSITY OF NORTH TEXAS By ...................................................... Jean R. Bush Senior Associate Vice President for Finance Date: CITY OF CORPUS CHRISTI Ron Olson City Manager Date: ATTEST ..... .rv�,rrrrrrrrrrrr,., �, a �.,.,.W.� .. . Armando Chapa City Secretary Page 10 of 10 UT 1415 Contract Resolution authorizing the City Manager or City Manager's designee to execute and Interlocal Cooperation Agreement with University of North Texas in the amount of$339, 400 for an air quality research and planning program,which includes air quality monitoring and modeling projects, and development of an emissions inventory for the Nueces and San Patricio Counties area NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Manager or designee, is authorized to execute an Interlocal Cooperation Agreement with University of North Texas in the amount of$339,400 for an air quality research and planning program, which includes air quality monitoring and modeling projects, and development of an emissions inventory for the Nueces and San Patricio Counties area. The Agreement is attached as Exhibit A and a copy is on file in the City Secretary's Office. ATTEST: CITY OF CORPUS CHRISTI, TEXAS Rebecca Huerta, City Secretary Nelda Martinez, Mayor Approved December , 2013 Julian Grant Sr. Assistant City Attorney Corpus Christi, Texas 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 AGENDA MEMORANDUM Future Agenda for the City Council Meeting of December 10, 2013 x Action Item for the City Council Meeting of December 17, 2013 DATE: November 25,2013 TO: Ronald L.Olson,City Manager FROM: Pete Anaya, P. E., Director of Planning and Environmental Services Email:PeteAn @cctexas®com Work Phone:826-3781 Interlocal Cooperation Agreement withTexas A&M University Corpus Christi CAPTION: Resolution authorizing the City Manager or City Manager's designee to execute an Interlocal Cooperation Agreement with Texas A&M University-Corpus Christi in the amount of$211,530 for the Pollution Prevention Partnership and educational outreach program, which includes small business assistance and public education on pollution prevention and air quality in Nueces and San Patricio Counties. PURPOSE: This item will authorize the City Manager or City Manager's designee to execute an Interlocal Cooperation Agreement with Texas A&M University-Corpus Christi in the amount of$211,530 for the Pollution Prevention Partnership and educational outreach program. BACKGROUND AND FINDINGS: The Texas Commission on Environmental Quality (TCEQ)has made an additional$442,300.00 available to the City for air quality planning. The City's Rider 8 Air Quality planning grant provides for the City to sub-contract Near Non-attainment Assessment and Planning and Pollution Prevention Partnership. The City of Corpus Christi has served as the administrator for state funded air quality grants since the mid-1990s® The most recent biennial TCEQ grant No. 582-14-40055 was executed in August 13, 2013. The term of the grant is September 1, 2013 through August 31, 2015. The attached TCEQ agreement provides funds associated with the current grant in order to continue the air quality activities through August 31, 2015. The TCEQ and City will address the work program for the FY2014-2015 funding through amendment of the work program to be administratively approved by the City Manager or designee.. ALTERNATIVES: 1. Approval of the Ordinance as recommended. 2. Decline to execute the agreement OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The contracts and selection process complies with City Policy. EMERGENCY/NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Environmental Services FINANCIAL IMPACT: o Operating o Revenue o Capital X Not applicable Project to Date FiscalYear:2014- Expenditures 2015 CIP ony ) Current Year Future Years TOTALS Budget $211,530.00 $211,530.00 Encumbered/ Expended Amount 0.00 0.00 This item 0 0.00 BALANCE 0 0.00 $211,530.00 Comments: Funds not sub-contracted will be utilized to defray the cost of grant administration RECOMMENDATION: Approval of the ordinance as presented.. LIST OF SUPPORTING DOCUMENTS: Interlocal Cooperation Agreement Between University of North Texas and the City of Corpus Christi. Resolution INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY—CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI WHEREAS,TEXAS A & M UNIVERSITY -,CORPUS CHRISTI ("TAMUCC") and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contact; WHEREAS,TAMUCC has been a partner in the City's air quality planning activities for the Costal Bend Region through the TAMUCC's Pollution Prevention Partnership program; WHEREAS, the City desires to continue its partnership with TAMUCC in this effort; WHEREAS, the Corpus Christi Ozone Near Nonattainment Area Research and Planning Activities includes identifying sources of emissions, the development of pollution prevention strategies for reducing emissions, other action plans for improving the Corpus Christi area air quality and maintain compliance with federal ozone standards; WHEREAS,the 83rd Texas Iegislature at Article VI.8 of the General Appropriation Act ("Rider 8") made funds available to the Texas Commission on Environmental Quality("TCEQ") to conduct air quality planning activities in areas considered to be near non-attainment; WHEREAS, the CITY entered into a State Funded Grant Agreement("Grant"), Contract No. 582-14-40055 with the Texas Commission on Environmental Quality("TCEQ") for air quality planning activities in areas considered to be near non-attainment for the ozone standard under the Federal CIean Air Act Amendments of 1990, which activities may include without Iimitation identifying, inventorying, and monitoring of current pollution levels; modeling future pollution levels and the identification and quantification of potential pollution reduction through voluntary control, and which activities will be consistent with TCEQ monitoring, inventory and modeling approaches and infrastructure, and conduct air quality planning activities in the Costal bend Region; WHEREAS, an element of the City's proposal for the Grant was TAMUCC's proposed "Corpus Christi Ozone Near Nonattainment Area Research and Planning Activities" as a continuation of the City's Regional Air Quality Program; WHEREAS,the grant provides funding for Corpus Christi Ozone Near Nonattainment Area Research and Planning Activities and other types of air quality planning activities and projects that the City, in cooperation with its partners, will complete by August 31, 2013 (and possibly later if the Grant is extended based on authority received from the Texas Legislature to carry forward near non-attainment contract related monies Page 1 of 11 TAMUCC 14-15 Contract from the 2012-2013 biennium into the 2014-2015 biennium) detailed in a Work Plan approved by the TCEQ as Attachment B to TCEQ Contract No. 582-14-40055 (copy available upon request); and WHEREAS,the technical support contemplated by this agreement is of mutual interests and benefit to TAMUCC and City; it will farther the status the instructional and research objectives of TAMUCC, in a manner consistent with its status as an agency of the State of Texas; and it will help the city accomplish objectives of its "OZONE Advance Intergovernmental Agreement" with the United States Environmental Protection Agency("EPA") and TCEQ; NOW,THEREFORE, the parties hereto agree as follows: 1. GRANT SUBCONTRACT. Both the City and TAMUCC acknowledge that this agreement is a subcontract to the City's Grant from TCEQ (TCEQ Contract Number 582-14-40055), and that the terms and conditions of the Grant control the administration and execution of this contract. a. The TCEQ Grant No. 582-14-40055 is incorporated into this agreement by reference and is available upon request. b. In the event any provision of this agreement of this agreement conflicts with terms of the Grant, the terms of the Grant control the administration an execution of this agreement. C. TAMUCC agrees to comply with all requirements imposed by TCEQ that are applicable to subcontractors. d. TAMUCC agrees to conduct all of its activities in compliance with the terms of the Grant, and not to take any action that would cause or contribute to the City to defaulting upon the terms of the Grant. e. TAMUCC shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services and other work furnished by TAMUCC under this agreement. TAMUCC must perform the work in conformity with the standards and guidance documents provided by the TCEQ. The City and TCEQ may withhold reimbursement for costs of non-conforming work. 2. STATEMENT OF WORK.TAMUCC agrees to use its best efforts to execute the Work Plan document that describes down to the task Ievel (Task I) the projects in support of the State Implementation Plan (SIP) development process and other types of air quality planning activities and projects that the City, in cooperation with its partners, will complete by August 31, 2015, as described in the Rider 8 Funding Request Work Plan for a Corpus Christi Pollution Prevention Partnership and Educational Outreach Program, Attachment B to TCEQ Contract No. 582-14- 40055. Page 2 of 11 TAMUCC 1415 Contract 3. PRINCIPAL INVESTIGATORS. The program will be supervised by Ms. Christina Cisneros-Galvan and Dr. Jim Needham, of the Department of University Outreach. If, for any reason, either is unable to continue to serve as Principal Investigator, and a successor acceptable to both TAMUCC and the City is not available, the agreement shall be terminated as provided in paragraph 7. 4. PERIOD OF PREFORMANCE.The program shall be conducted from the execution date of the contract through August 31, 2015. 5. PRICE AND PAYMENT. As compensation for the performance of the agreement, the City agrees to reimburse TAMUCC up to Two Hundred Eleven Thousand Five Hundred Thirty dollars ($211,530) for expenses authorized under the Grant. a. This agreement is funded exclusively from funds made available to the City by the Grant. The City's obligation is limited by the provisions of the Grant. The City is not liable to make payment to TAMUCC, if funding is not available from TCEQ through the Grant. Payments may not exceed Two Hundred Eleven Thousand Five Hundred Thirty dollars ($211,530) from the execution of this Agreement to August 3I, 2015. b. All contractual expenditures reimbursed with funds provided under this agreement shall meet all procurement laws and regulations applicable to TAMUCC and the UGMA and the UGMS. Note that competitive bidding will generally be required for contracts with entities other than local governments and state and federal agencies. Note also that the Common Rule of OMB Circular A-102, as adopted in the UGMS, precludes the use of the cost plus a percentage of cost of contracting. C. TAMUCC shall forward any proposed subagreement providing for the performance of services under this agreement to the City prior to execution of the subagreement. Neither the City's for TCEQ's failure to question a subagreement nor its subsequent withdrawal of any questions raised regarding subagreement shall in any way imply the City ofTCEQ's approval of the subagreement' s purpose or method of procurement of the subagreement. Further, the terms of this provision do not in any way restrict the City's and TCEQ'S rights under this agreement or the Grant to subsequently refuse reimbursement for expenses incurred pursuant of the subagreement. TAMUCC may require a bid bind to protect the Iocal and state interests by assuring that the bidder wiII, upon acceptance, execute all required contractual documents within the time period specified. d. Invoices for compensation shall be submitted to the following address: City of Corpus Christi Attn: Sharon Bailey Lewis P.O. Box 9277 Corpus Christi, TX. 78469-9277 Page 3 of 11 TAMUCC 14=15 Contract 6. DELIVERABLES.The deliverables required under this agreement are specified in the Work Plan (Attachment B to TCEQ Contract No. 582-14-40055). 7. TERMINATION. Performance under this agreement may be terminated by the City upon sixty days of written notice. Performance may be terminated by TAMUCC, if circumstances beyond its control preclude continuation of Program. Upon termination, TAMUCC will be reimbursed as specified in paragraph 5 of all costs and non-cancelable commitments incurred in the performance of the program , that are reimbursable under the Grant. However reimbursement may not exceed the total estimated cost specified in paragraph 5. 8. INTELLECTUAL PROPERTY. a. Royalties and patent fees. TAMUCC shall pay all license fees royalties and assume all costs incident to the use or possession in performance of the Work or incorporation in Work of any Intellectual Property. b. Disclosure of Intellectual Property Produced during the Work. TAMUCC shall promptly notify the City and TCEQ of all Intellectual Property that TAMUCC or TAMUCC's employees, subcontractors, or subcontractor's employees may produce, either solely or jointly with others, during the course of Work. In addition,TAMUCC shall promptly notify the City and TCEQ of all intellectual property which TAMUCC may acquire in connection with the performance of the work. Any notification under this paragraph shall contain sufficient technical detail to convey a clear understanding of the intellectual property, and shall identify any publication, sale, public use, or impending publication. Promptly upon request TAMUCC shall supply additional information as the City and TCEQ may request. C. Failure to Protect Intellectual Property. If TAMUCC fails to protect any intellectual property right in the in the intellectual property produced in the course of performing the work, the City and TCEQ shall have full authority to protect, assume and retain all intellectual property rights in any and all intellectual property. d. Non-Interference with Intellectual Property Rights of City and TCEQ. TAMUCC agrees that UNTITAMUK, its agents and its employees shall not in any manner use, sell, distribute, disclose or otherwise communicate any portion of intellectual property owned by or licensed to the City of TCEQ, except in the course of performing the work, unless TAMUCC has independent intellectual property rights to the intellectual property. e. Grant license. With respect to any intellectual property as is (i) incorporated in the work (other than intellectual property for which the City and TCEQ already possess equal or greater intellectual property right by virtue of this agreement or otherwise) or(ii) produced by TAMUCC or TAMUCC's employees, subcontractors, or subcontractor's employees during the course of Page 4 of 11 TAMUCC 14,15 Contract performing the work TAMUCC hereby grants to the city and TCEQ (i) a nonexclusive, perpetual, irrevocable, enterprise-wide Iicense to reproduce, publish, or otherwise use the intellectual property and associated use documentation, and (ii) a nonexclusive, perpetual, irrevocable, enterprise-wide Iicense to authorize others to reproduce, publish, or otherwise use Intellectual Property for the City's and TCEQ's purposes. f. Modification; Derivative Works. The City and TCEQ shall have the right at their own discretion, to independently modify any intellectual property to which license is granted for the City and TCEQ's own purposes and use, through the services of its own employees or independent contractors. The City and TCEQ shall own all intellectual property right to the modifications. TAMUCC shall not incorporate any modifications into its intellectual property for distribution to third parties unless it first obtains a license from the City and TCEQ. g. Compliance with Applicable Laws and Regulations. TAMUCC shall comply with all laws and regulations relating to intellectual property. h. Warranties Relating to Intellectual Property Rights. TAMUCC represents and warrants to the City and TCEQ that TAMUCC will not infringe any intellectual property right of any third party. TAMUCC further represents and warrants to the City and TCEQ that in the course of performing the work it will not use or possess any intellectual property owned by a third party without paying any required royalty or patent fees. TAMUCC warrants that it has full title in and ownership of intellectual property and any enhancements, updates or other modifications, or that it has full power and authority to grant all license granted in this agreement, and that the license use by City and TCEQ will in no way constitute an infringement or other violation of any intellectual property right of any third party. The TAMUCC warrants that it shall have, throughout any applicable Iicense term under this agreement, free and clear title to, or the right to possess, use sell, transfer, assign, license, or sublicense products that are licensed or provided to the City and TCEQ by TAMUCC. Except as permitted in this agreement and the Grant, TAMUCC shall not create or permit the creation of any lien, encumbrance, or security interest in the work or any part thereof, or any product licensed or provided to the City and TCEQ for which title has not yet passed to the City and TCEQ, without prior written consent of the City and TCEQ. TAMUCC represents and warrants to the City and TCEQ, that neither it nor any other company or individual preforming work is under any obligation to assign or give to any third party any intellectual property rights granted or assigned to the City and TCEQ, or reserved by the City and TCEQ, under this agreement and the Grant. 9. RELEASE OF INFORMATION.TAMUCC shall acknowledge the City and TCEQ, the TAMUCC investigator, the nature of the program, and the dollar value of the agreement in TAMUCC records and reports. Any reports and other documents completed as part of this agreement, other than documents prepared exclusively for Page 5 of 11 TAMUCC 14-15 Contract internal organizational use by TAMUCC, shall carry the following notation on the front cover or title page: "PREPARED IN COOPERATION WITH TEXAS COMMISSION IN ENVIRONMENTAL QUALITY ANS THE CITY OF CORPUS CHRISTI" 10. TITLE TO EQUIPMENT. Subject to the obligations and conditions set forth in this agreement and the Grant, title to all equipment acquired under this agreement shall vest, upon acquisition or construction, in TAMUCC. a. TAMUCC agrees to conduct physical property inventories, to maintain property records and necessary control procedures, and to provide adequate maintenance with respect to all equipment acquired under this agreement. b. TAMUCC may develop and use its own property management system which must conform to all applicable State and local Iaws, rules, and regulations. If an adequate system for accounting for personal property owned by TAMUCC or its subcontractors in not in place or currently in use, TAMUCC shall contact the State of Texas Comptroller of Public Accounts and request the State Property Accounting User's Guide(#96-418) and the State Property Class Code List. TAMUCC agrees to use these as guides for establishing a property management system C. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds tittle, the acquisition date, and the cost of the property, percentage of federal participation in the cost of property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. d. A physical inventory of all equipment acquired or replaced with funds provided under this agreement having an initial purchase price of One Thousand Dollars ($1,000) or more, shall be conducted no Iess frequently than once every two years and the results of the inventories reconciles with the appropriate property records. Property control procedures utilized by TAMUCC shall include adequate safeguards to prevent loss, damage, or theft of acquired property. Any loss, damage or theft shall be investigated. TAMUCC agrees to develop and carry out a program of property maintenance as necessary to keep both originally acquired and any replaced property in good condition, and to utilize proper sales procedures to ensure the highest possible return, in the event the equipment is sold. e. Use of Equipment Acquired with Funds Provided Under this Agreement. (1.) Equipment shall be used by TAMUCC or subgrantee in the program or project for which it was acquired as long as needed, whether or not the project program continues to be supported by state funds. When no Page 6 of it TAMUCC 1415 Contract longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a federal or state agency. (2) TAMUCC or subgrantee shall also make equipment available for use on other projects or programs currently or previously supported by the federal or state government, providing the use will not interfere with the Work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. (3) When acquiring replacement equipment, TAMUCC or subgrantee may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the awarding agency. f. Disposition of Equipment Acquired with Funds Provided Under this Agreement. When the original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal or state agency, disposition of the equipment may be made as a follows: (1) Equipment with a current per-unit fair market value of less than $1,000 may be retained, sold or otherwise disposed of with no further obligation to the TCEQ. Methods used to determine per- unit fair market value must be documented, kept on the file and made available to the TCEQ upon request. (2) Equipment with a current per-unit fair market value of$1,000 or more must be disposed of as follows: (A) Prior to the termination date of this Agreement, TAMUCC and subgrantees must notify the TCEQ. TCEQ may require TAMUCC or subgrantees to transfer title and possession to the equipment to the TCEQ or a third party named by the TCEQ or may alternatively authorize disposition by sale, transfer or in another manner. (B) If, within six years of the initiation date of the Agreement, equipment is sold or transferred, TAMUCC must remit to TCEQ a share of the proceeds from the sale, provided the fair market, per-unit value of the property at the time of the sale is in excess of one thousand dollars ($1,000). The TCEQ's share of the sale proceeds shall be the same percentage as was the funding provided under this Agreement that enabled the original purchase in question. 11. NOTICES. All notices to the parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the Page 7 of 11 TAMUCC 14,15 Contract name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. TAMUCC Texas A&M University- Corpus Christi 6300 Ocean Drive, NRC #2200 Corpus Christi, TX 784I2 Attn: Christina Cisneros-Galvan Telephone: (361) 825-3070 Fax: (361) 825-2384 City City of Corpus Christi Attn: Sharon Bailey Lewis P. O. Box 9277 Corpus Christi, TX 78469 Telephone: (361) 826-4066 Fax: (361) 826-3200 12. Export Administration. a. It is understood that TAMUCC is subject to United States Iaws and regulations controlling the export of technical data, computer software, laboratory prototypes and other commodities, and that its obligations under this agreement are contingent upon compliance with applicable United States export laws and regulations. Furthermore, it is understood that the transfer of certain technical data and commodities may require a license from one or more agencies of the United States Government. b. Both TAMUCC and City hereby agree and warrant that the program and development contemplated under this agreement, and any exchange of technical data, computer software or other commodities resulting from this agreement, shall be conducted in full compliance with the export control laws of the United States., 13. LIABILITY. IT IS UNDERSTOOD THAT THE CITY SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST TAMUCC, ITS EMPLOYEES, OR THIRD PERSONS, OTHER THAN CITY'S EMPLOYEES, FOR DAMAGE RESULTING FROM OR ARISING OUT OF THE ACTIVITIES OF TAMUCC PERSONNEL UNDER THIS AGREEMENT,AND TAMUCC AGREES,TO THE EXTENT PERMITTED BY SECTION 49,ARTICLE III OF THE CONSTITUTION OF THE STATE OF TEXAS, TO HOLD CITY HARMLESS FROM ANY AND ALL CLAIMS. IT IS ALSO UNDERSTOOD THAT TAMUCC SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AGAINST CITY'S EMPLOYEES, OF DAMAGE RESULTING FROM OR ARISING OUT OF ACTIVITIES OF THE CITY, ITS EMPLOYEES, OR THIRD PERSONS, OTHER THAN TAMUCC EMPLOYEES,AND Page 8 of 11 TAMUCC 14-15 Contract CITY AGREES, TO THE EXTENT PERMITTED BY SECTION 49,ARTICLE III OF THE CONSTITUTION OF THE STATE OF TEXAS, TO HOLD TAMUCC HARMLESS FROM ANY AND ALL CLAIMS. 14. INDEPENDENT CONTRACTOR. For the purposes of the agreement and all services to be provided under this agreement, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for in this agreement or authorized in writing. 15. AMENDMENTS AUTHORIZED. a. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, such as changes in deadlines and minor changes in the scope of work. b. Any amendments to this agreement resulting from amendments to the Grant that increases the scope of work under this agreement due to TCEQ's award of additional funding to the City as a result of the work plan prepared by TAMUCC under this agreement must be authorized by the City Council and the funds appropriated before an amendment to this agreement is executed. c. Any amendments to this agreement increasing or decreasing the amount the City is obligated to pay TAMUCC by more than $25,000 must be authorized by the City Council before an amendment to this agreement is executed. 16. SEVERABILITY. If any of the provisions of the agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the provisions to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent by applicable law. The City and TAMUCC agree that this agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Page 9 of 11 TAMUCC 14-15 Contract 17. DISPUTE RESOLUTION PROCESS. a. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. b. If the Chapter 2260 procedures are utilized both parties agree the TCEQ may intervene in the proceedings as an interested party. c. The Director of Purchasing, TAMUCC, is designated as the officer designated under §2260.052,Texas Government Code, to examine claims and counterclaims, negotiate, and resolve any claims on behalf of TAMUCC. 18. VENUE. TAMUCC acknowledges and agrees that because this agreement has been executed, and will be administered in Nueces County,Texas, the agreement is to be performed in Nueces County. TAMUCC acknowledges and agrees that any permissible cause of action involving this agreement will arise solely in Nueces County. If a legal action relating to this claim is permissible and there are two (2) or more counties or proper venue under the rules of mandatory, general, or permissive venue and one of the counties is Nueces County, TAMUCC agrees to venue in Nueces County. This provision does not waive the City's sovereign immunity. 19. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the Iaws of the State of Texas. 20. AUTHORIZATION OF GOVERNING BODIES. The individuals executing this agreement certify that this interlocal agreement has been authorized by the Governing Body for their, as required by Section 791, Texas Government Code. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. Page 10 of 11 TAMUCC 14.15 Contract TEXAS A & M UNIVERSITY CORPUS CHRISTI By. Dr. Luis Cifuentes Vice President of the Division of Research, Commercialization and Outreach Date: CITY OF CORPUS CHRISTI By' ....................................................................................................... Ron..Ols Olson City Manager Date: ATTEST Armando Chapa City Secretary Page 11 of 11 TAUCC 14-15 Contract Resolution authorizing the City Manager or City Manager's designee to execute and Interlocal Cooperation Agreement with Texas A&M-Corpus Christi in the amount of$211,530 for the Pollution Prevention Partnership and educational outreach program,which includes small business assistance and public education on pollution prevention and air quality in Nueces and San Patricio Counties area NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Manager, or designee, is authorized to execute an Interlocal Cooperation Agreement with Texas A&M-Corpus Christi in the amount of$211,530 for the Pollution Prevention Partnership and educational outreach program, which includes small business assistance and public education on pollution prevention and air quality in Nueces and San Patricio Counties area. The Agreement is attached as Exhibit A and a copy is on file in the City Secretary's Office. ATTEST: CITY OF CORPUS CHRISTI, TEXAS Rebecca Huerta, City Secretary Nelda Martinez, Mayor Approved December , 2013 Julian Grant Sr. Assistant City Attorney Corpus Christi, Texas 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 cv f� AGENDA MEMORANDUM OR AN,I Future Item for the City Council Meeting of December 10, 2013 Action Item for the City Council Meeting of December 17, 2013 DATE: November 21, 2013 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp@cctexas.com FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for Del Mar College Procurement Technical Assistance Center CAPTION: Resolution approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College Procurement Technical Assistance Center (PTAC) to provide grant up to $37,500 to assist small businesses. PURPOSE: Approve a Type A Grant for PTAC to assist small businesses obtain procurement contracts from governmental entities. BACKGROUND AND FINDINGS: PTAC is located at the Del Mar College campus on Staples Street inside of the Small Business Development Center. PTAC has been counseling small businesses in the area of government procurement. PTAC educates these businesses on the requirements of government procurement, helps them get certified to qualify to bid on contracts, and gives them access to a portal to find these contracts. The program helped 465 companies that were awarded $6.1 million in contracts, and resulted in the creation of 11 new jobs so far this year. PTAC is asking for$37,500 to hire a full-time person to help in the PTAC planning. The Type A Board approved the grant during their November 18, 2013 meeting. The current Business Support agreement between the City and the Type A Board would remain in effect. ALTERNATIVES: The help that they provide is not available anywhere else. The Small Business Development Center could offer some of the counseling services but they are limited on resources. OTHER CONSIDERATIONS: By helping small businesses the City is increasing the economic development and growing future jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and helping small businesses thrive in Corpus Christi. EMERGENCY/ NON-EMERGENCY: NON-EMERGENCY DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 37,500 37,500 Encumbered / Expended Amount This item 37,500 377500 BALANCE 0 0 Fund: Type A Fund Comments: Council approved the Type A budget for 2013-2014 through ordinance No. 029915 RECOMMENDATION: Staff recommends that the City Council approve the resolution for the renewal of the Type A agreement for PTAC. LIST OF SUPPORTING DOCUMENTS: Resolution - PTAC Agreement- PTAC Page 1 of 2 RESOLUTION Approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College Procurement Technical Assistance Center (PTAC) to provide grant up to $37,500 to assist small businesses. WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from PTAC to assist small businesses within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement to assist small businesses between the Type A Corporation and PTAC; WHEREAS, there is a business incentive project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentives agreement to assist small businesses between the Type A Corporation and PTAC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentives agreement for business development between the Type A Corporation and PTAC to assist small businesses within the City of Corpus Christi, which agreement is on file with the City Secretary's Office, is approved. This resolution takes effect upon City Council approval on this the day of 2013. RESOLUTION PTAC Page 2 of 2 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor APPROVED: day of 2013. Corpus Christi, Texas of 2013 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott RESOLUTION PTAC SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRIST[ BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S PROCUREMENT TECHNICAL ASSISTANCE CENTER This Small Business Incentives Agreement for ("Agreement") is entered into between! the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College, a Texas institution of higher learning ("Del Mar':'). WHEREAS, the Texas Legislature in Section 4A of Article 51 90.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition, 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation, Board; WHEREAS, the Corpus Christi Business, andi Job Development Corporation exists, for the purposes, of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073 of the Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which seeks to create at least one new job for every $50,000 in contracts awarded to businesses within the City who are awarded contracts with Federal, State, or local agencies through Del Mar College's Procurement Technical Assistance Center's activities; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: Page 1 of 9 Small Business Inoentive Agreement-Del Mar PTA C 08242011 (4) 1, Effective Date. The effective date of this Agreement ("Effective Date"') is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from January 1, 2012, through December 31, 2012, This agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. 3. Grant. a. The Corporation will provide $37,500.00 to Del Mar for its Procurement Technical Assistance Center ("Center"), to be used for the salary of a full time position in the Center's plan room. b. In order to receive the grant Del Mar must document that the Procurement Technical Assistance Center's business clients located within the City of Corpus Christi has sought to create at least one new job for each $50,000 in contracts awarded by Federal, State, or local agencies, while retaining the jobs of employees employed at the time the bids are submitted, based upon bids submitted with the aid of the Center. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median: wage of the occupation in the Corpus Christi LISA as determined by Texas Workforce Commission's Texas Industry Profiles report, b. A full-time permanent job is one that provides at least 2,080 hours annually. c. Del Mar agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the contract awarded based upon the bid submitted by the Center's client. d. Del Mar agrees to provide Corporation with a sworn certificates by authorized representative of each business assisted under this Agreement certifying the number of full-tiime permanent employees employed by the small business. e. Dell Mar shall ensure that the Corporation is alilowed reasonable access to personnel records of the small, businesses assisted under this Agreement. f. Jobs created by a client's subcontractors are considered jobs created by the client. Page 2 of 9 Small Business incentive Agreement-Del Mar PTA C 08242011 (4) 5. Buy Local Provision. a. Del Mar agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces, County. 6, Locale Offices. Three members of the staff will be located at Del Mar's Center for Economic Development. 7. Warranties. Del Mar warrants andl represents to Corporation the following: a. Del Mar is a Texas institute of higher learning duly organized, validly existing, and, in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b,. Del Mar has the authority to enter into and perform, and willl perform, the terms of this Agreement. c, Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns, required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Del Mar has access to the Texas Development Corporation Act, Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, Del Mar agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing: this Agreement on behalf of tel Mar are duly authorized to execute this Agreement on behalf of Del Mar. 8. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. Page 3 of 9 Small Business incentive Agreement-Del Mar PTAC 08242011 (4) • r •� � r i ..M- • .• w .. � _ � , �� �� � •'' \ ! � _ N • .V1 � � � i�• � ,,III �I A � w � �, i �1 w IN 1 M ! � � � � '� 1 '" dM w II' N' R # I ! � q1 N � w � � � � � I 9t � ! ,, w' N I i M ,. • � 1Y ., r � w u� M 11 �1' ! * / � iN � � � N . . Mw w11 � w � .; w dl' r a � w, y�. r._ Mi 1 b. The Corporation: or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against Del Mar or any attachment or other levy against the property of Del Mar with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. Del Mar makes an assignment for the benefit of creditors. e. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by Del Mar become delinquent, and Del Mar fails to timely and properly follow the legal procedures for protest or contest. g. Del Mar changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 14. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation, or City shall notify Del I Mar in writing of the event of default and! provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. 15. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a, Del Mar shall, immediately repay all funds, paid by Corporation under this Agreement, b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Del Mar under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. Page 5 of 9 Small Business ilncenwe Agreement-Del!Mar IOTA C 08242011 (4) 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition, of this Agreement,, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation, under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being January 1, 20112, through December 31, 20,12, Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and!: usual costs and expenses, as compared to each contracting parties" grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 18. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar: Del Mar College Procurement Manager Page 6 of 9 SmaH Business Incentive Agreement-DeU Mar PTAC 08242011 (4) 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 19. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 20, Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 21. Relationship of Parties, In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 22. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 23. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final:judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held Page 7 of 9 Small Buisiness I ncentiive Agreement-Del Mar PTAC 08242011 (4) illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision, is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision,, a clause or provision, as similar in terms to the illegal:, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be addled to this Agreement automatically. 24. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 25, Sole Agreement. This Agreement constitutes the sole agreement between Corporation and Del Mar. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 26. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to default and the results of uncured default shall survive the termination of this agreement, Corpus Christi Business & Job Development Corporation By: E&oy Sealaz-err' President AUTHORUED Date: I CIL r.a , 4�11- Attest: . Armando Chap,a V Assistant Secretary Page 8 of 9 Small Business Incentive Agreement-Det Mar PTA C 08242011 (4) Del Mar College -CorpYu Chrisfi By: Mark E (amilia Pre ide t Dote: •" `'' THE STATE OF TEXAS § COUNTY OF NUECES This instrument lent vwr acknowledged before me on J 2011, by Mark E oamilla, F'ht.d, for C el M ar College, a political subdivision of the St Vte of Texas„ on behalf of the college district. I, Nc public State of Texas EXAb C�W'vw dfoj�" r fitly CfYdTIM EXP 07-16?1 1r Paige 9 of g Small Business Incentive Agreement-Del flier PTAC 08242011 (4) December 17, 2013 Corpus Christi Business and Job Development Corporation President 1201 Leopard Street Corpus Christi, Texas 78401 Del Mar College Attn: President Dr. Mark Escamilla 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 On November 18, 2013 the Type A Board voted to renew the Type A agreement between the Board and Del Mar College PTAC Program for one year. The City Council approved the renewal on December 17, 2013. This renewal is in effect from January 1, 2014,through December 31, 2014 and the grant amount is $37,500. Regards, Robert Tamez President AGENDA MEMORANDUM a OAR Future Item for the City Council Meeting of December 10, 2013 1852 Action Item for the City Council Meeting of December 17, 2013 DATE: November 21, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of Municipal Information Systems MichaelAr@cctexas.com 361-826-3735 Agreement with Texas A&M University recognizing the City as a sub-recipient for a Federal grant for fiber connectivity to permit finalization of grant activities. CAPTION: Motion authorizing the City Manager, or designee, to execute an agreement with Texas A&M University for an expenditure of$144,000.00 to replace disallowed in-kind funding for a BTOP (Broadband Technology Opportunity Program) federal grant awarded to Texas A&M University in the amount of$1,000,000.00 and to recognize the City as a sub-recipient for funding from that grant. PURPOSE: Approval of this allows fiber connectivity within the City of Corpus Christi to City and A&M facilities with access for the City to A&M resources including Internet, Disaster Recovery, and Business Continuity resources. BACKGROUND AND FINDINGS: In 2009, as part of the ARRA (American Recovery and Reinvestment Act), the US Congress established the Broadband Technology Opportunity Program (BTOP). Corpus Christi, acting through the Corpus Christi Digital Community Development Corporation (CCDCDC), submitted a preliminary request for funding under that program. That application was not successful. Shortly thereafter, Texas A&M University asked if we would like them to include our rejected projects as part of their application for the second round of funding under the BTOP program. We agreed, and offered in-kind participation as our contribution to the project. Texas A&M's application was accepted, and work has been ongoing for more than two years. The CCDCDC was dissolved on July 31, 2010. All network assets were returned to the City at that time. During closeout for the Texas A&M project, the federal government determined that the City of Corpus Christi would be considered to be a sub-recipient under terms of the grant. This was an unforeseen circumstance, as was the disqualification of certain in-kind contributions. The disqualified in-kind items totals $144,000.The requested funding will restore the City's participation to the original budgeted level. This amount is available in the MIS Network Services budget. The benefit we have received is substantial including: 1. Fiber-optic connections to seven (7) City buildings. Operating cost reductions for libraries and fire stations. 2. Fiber connections to other facilities in which the City has an interest. 3. Fiber connection to Texas A&M Corpus Christi, and to the state's high speed backbone that can reach any connected facility in the Texas system. 4. State-of-the-art switching equipment for the Wilson Center hub. 5. Up to 1 (Gigabyte) Gb of internet bandwidth at no cost to the City. Please note that the project was initially budgeted at $655,000 in 2010. Increases in construction cost and modifications to submitted plans requested by the City contributed to the final cost of$1,000,000. This project was one of nine that was covered by the BTOP grant and cash contributions by Texas A&M (total budget of$9.1 million). Corpus Christi was the only city to participate in this project. ALTERNATIVES: Removal of connectivity through fiber in underground conduit removes City network services for the listed sites with exception to ON Stevens and OSO Water treatment plants. All sites would continue on either sub-standard connectivity and slower or intermittent connectivity. OTHER CONSIDERATIONS: This agreement allows us to bring on additional services such as Internet and Disaster Recovery through Texas A&M which allows the city to cut back on paid services and decrease operating costs. CONFORMITY TO CITY POLICY: This agreement and subsequent payment conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Not Applicable 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 $144,000.00 0 $144,000.00 Encumbered / Expended Amount This item $144,000.00 0 1 $14400000 BALANCE 01 0 0 Fund(s): Municipal Information Systems RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Texas PIPES Sub-Recipient Agreement ExhibitA—Schedule M (City's In Kind submittal) Exhibit B —Texas A&M documentation of Work Completion BROADBANDUSA TEXAS A&M CONNECTING AMERICA'S COMMUNITIES U N I V E R S I T Y TEXAS PIPES SUB-RECIPIENT GRANT AGREEMENT This Sub-Recipient Grant Agreement (together with the exhibits attached hereto, this "Agreement") is entered into as of this _ day of December, 2013 (the "Effective Date") between Texas A&M University, a member of the Texas A&M University System and an agency of the State of Texas ("Recipient" or "TAMU"), located in College Station, Texas, and the City of Corpus Christi ("Sub-Recipient"). Recipient and Sub-Recipient are sometimes referred to herein individually as a"Party" and collectively as the "Parties" hereto. WHEREAS, Recipient has been awarded Grant No. NT lOB 1X5570107 ("Grant") by the United States Department of Commerce ("DOC"), National Telecommunications and Information Administration ("NTIA"), under American Recovery and Reinvestment Act ("ARRA") funding, for a Broadband Technology Opportunities Program (`STOP") project, CFDA No. 11.557, entitled Recovery Act-Texas Pipes ("Texas Pipes"), a copy of which Grant Award is attached hereto as Exhibit A. WHEREAS, the Parties desire that the City of Corpus Christi be a Sub-Recipient under the Grant. WHEREAS, in addition to ARRA compliance requirements, each BTOP grant award recipient is subject to program-specific compliance obligations, which the Parties agree to follow. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: ARTICLE 1: NATURE OF SUB-RECIPIENT GRANT 1.1 Both the services contemplated by this Agreement and any Federal funds to pay for these services are governed by the terms and conditions of the Grant and all applicable terms and conditions of the Grant, except those providing for payment by DOC to Recipient, are incorporated by reference herein, including the following: a. Grant No. NT 10B 1X5570107, Exhibit A; b. Statement of Work and Schedule, Exhibit B; C. Flow-Down Provisions, Exhibit C; d. DOC Financial Assistance Standard Terms and Conditions, March 2008, Exhibit D; e. American Recovery and Reinvestment Act of 2009 ("ARRA") — DOC Standard Terms and Conditions), Exhibit E; f. Special Award Conditions, NTI0BIX5570107, Exhibit F; g. Line Item Budget, Exhibit G; h. 73 Fed. Reg. 7696 (February 11, 2008), Department of Commerce Pre-Award Notification Requirements for Grant and Cooperative Agreements, Exhibit H; TEXAS PIPES SUB-RECIPIENT GRANT AGREEMENT i. NTIA Certification Regarding Lobbying, Exhibit I; j. Special Conditions Addendum for DOC-Vendor Contracts, Exhibit J; k. BTOP Recipient Guidance on Signage, Exhibit K; 1. NTIA BTOP Buy American Notice 74 FR 31410, Exhibit L; and M. Cost-Sharing Report Formats, Exhibit M 1.2 Regulations differ governing the requirements as to different classes of Sub-Recipients under this Grant. Certain of these differing relevant regulations are set out in tabular form below and each Sub-Recipient agrees to fully observe the requirements relevant to its entity type: Organization Type Administrative Cost Principles Audit Regulations and Requirements Standards For Profit Entities 15 CFR Part 14 48 CFR Part 31.2 Government Auditing (Federal Acquisition Standards (The Yellow Book) Regulations) OMB Circular A-133, Subpart B §235 Institutions of Higher 15 CFR Part 14 2 CFR Part 220 OMB Circular A-1333 Education (OMB Circular A-21)'- Non Profit 15 CFR Part 14 2 CFR Part 230 OMB Circular A-133 Organizations (OMB Circular A-122) Hospitals 15 CFR Part 14 45 CFR, Part 74(E) OMB Circular A-133 State, Local and 15 CFR Part 244 2 CFR Part 225 OMB Circular A-133 Tribal Governments (OMB Circular A-87)5 All references to the "Grant" in this Agreement shall be deemed to include all of the foregoing. Sub-Recipient acknowledges receipt of a copy of, and represents that it has read and understands, all terms and conditions of the Grant. Sub-Recipient further agrees to comply with all applicable Federal laws, executive orders, regulations and policies governing the Texas Pipes Program, whether or not explicitly listed herein. ARTICLE 2: ADDITIONAL SUB-RECIPIENT RESPONSIBILITIES 2.1 Sub-Recipient agrees to timely perform all of the activities and obligations that Recipient requests Sub-Recipient to perform and that Recipient reasonably believes are necessary or 1 15 C.F.R.Part 14,Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals,Other Non-Profit, and Commercial Organizations(available on-line at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowsefritle 15/15cfr l4_main_02.tpl). 2 2 C.F.R.Parts 215 and 220(OMB Circular A-21),published in 70 Federal Register 168,Cost Principles for Educational Institutions(available on-line at http://www.gpo.gov/fdsys/pkg/FR-2005-08-31/pdf/05-16648.pdf). 3 OMB Circular A-133,Audits of States,Local Government, and Non-Profit Organizations(available on-line at http://www.whitehouse.gov/sites/default/files/omb/assets/a 133/a l 33_revised_2007.pdf). 4 15 CFR Part 24,Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments(available on-line at http://oam.ocs.doc.gov/docs/GRANTS/15cfr24.pdf). 5 2 C.F.R. Parts 225 (OMB Circular A-87),published in 70 Federal Register 168,Cost Principles for State,Local, and Indian Tribal Governments (available on-line at http://www.whitehouse.gov/sites/default/files/omb/assets/omb/fedreg/2005/083105_a87.pdf) TEXAS PIPES SUB-RECIPIENT GRANT AGREEMENT appropriate for Sub-Recipient to perform in connection with Recipient's effort to ensure compliance with the terms and conditions of the Grant. Sub-Recipient shall comply, and shall require any contractor or subcontractor performing work on its behalf to comply, with all terms and conditions of the Grant and all applicable Federal, state and local laws and regulations. Sub- Recipient shall not take any action or omit to take any action that would reasonably be expected to cause, or that causes, directly or indirectly, a breach or default of the Grant, including a breach or default of the Grant by Recipient. 2.2 Sub-Recipient acknowledges and agrees that any action or failure to act by Sub- Recipient, or its officers, employees, subcontractors, agents, representatives or any Person (hereinafter defined) performing work under the Grant on behalf of Sub-Recipient (collectively, "Representatives"), that Recipient reasonably believes may jeopardize the funds available to Recipient under the Grant will provide Recipient the right, but not the obligation, to take any action that Recipient believes is necessary to protect its interests, including imposing sanctions on Sub-Recipient or terminating this Agreement pursuant to Section 8.2. 2.3 Insurance: Non-Governmental Subrecipients a. From and after the Effective Date and for so long as this Agreement is in effect, Sub- Recipient shall procure and maintain, at Sub-Recipient's sole cost and expense, the following insurance against claims which may arise from or in connection with the Grant, this Agreement or the performance of obligations hereunder by Sub-Recipient or its Representatives: (i) Commercial General Liability insurance, including contractual liability, products and completed operations, personal injury, and contractual liability enforcement, with a limit of liability of not less than $2,000,000 per occurrence and not less than $5,000,000 general aggregate limit for each policy year; (ii) Worker's Compensation insurance with statutory limits; (iii) Employer's Liability insurance with a limit of liability of not less than $2,000,000; (iv) Automobile Liability insurance with a limit of liability of not less than $1,000,000 per accident, including owned, non-owned and hired vehicles; (iv) Professional Liability Insurance covering errors and omissions and wrongful acts in the performance of this Agreement, with a combined single limit per occurrence of not less than $1,000,000; (v) Course of Construction insurance covering the completed value of the project with no coinsurance penalty provisions; and (vi) such other insurance policies and with such limits as may be required by DOC or as Recipient shall in good faith deem necessary from time to time. b. Sub-Recipient shall, within 10 days after the Effective Date, deliver to Recipient an original certificate of the policy or policies of all insurance required to be provided hereunder. Each policy of insurance provided by Sub-Recipient shall: TEXAS PIPES SUB-RECIPIENT GRANT AGREEMENT (i) be issued by a company or companies approved by Recipient and rated not less than A-IX, (ii) name Recipient and DOC as additional insureds, (iii) provide that all proceeds shall be payable to Recipient, (iv) provide that the policies may not be cancelled or modified in any way except upon thirty (30) days prior written notice to Recipient, (v) provide that no act or thing done by Sub-Recipient shall invalidate the policy as against Recipient, (vi) contain a waiver of subrogation by the insurance carrier with respect to all obligations assumed by Sub-Recipient pursuant to this Agreement; and (vii) otherwise be in such form as shall be reasonably acceptable to Recipient. Sub-Recipient shall require and verify that all permitted contractors and subcontractors acting on Sub-Recipient's behalf maintain insurance meeting the requirements stated herein. c. Sub-Recipient shall promptly provide to Recipient copies of any and all notices (including notice of non renewal), claims and demands which Sub-Recipient receives from insurers. 2.4 Notwithstanding anything in this Agreement to the contrary, to the fullest extent permitted by law, Sub-Recipient agrees to indemnify, defend and hold harmless Recipient, its officers, directors, employees, subcontractors, agents and representatives from and against all claims, liens, suits,judgments, losses, attorneys' fees, expenses and damages brought, recovered or exacted for, or on account of, or relating to any acts or omissions of Sub-Recipient or its Representatives. 2.5 NO EVENT SHALL RECIPIENT BE LIABLE TO SUB-RECIPIENT FOR, AND SUB- RECIPIENT HEREBY WAIVES THE RIGHT TO RECOVER, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS, LOSS OF USE OR LOSS OF BUSINESS OPPORTUNITY), PUNITIVE, EXEMPLARY AND SIMILAR DAMAGES. THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTION AND CLAIMS AGAINST RECIPIENT, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY OTHER TORTS. ARTICLE 3: STATEMENT OF WORK 3.1 Sub-Recipient agrees to perform its work in accordance with the schedule set forth in the Statement of Work, which is attached hereto as Exhibit B and incorporated by reference herein (the "Statement of Work"). If Sub-Recipient at any time determines that it may be unable to perform timely any of its obligations under the Statement of Work, or any of its obligations under any other provision of this Agreement, Sub-Recipient shall provide immediate notice thereof to Recipient, including all information relating to any delay and the date upon which Sub-Recipient expects to complete performance. This provision, and such notice, shall not relieve Sub-Recipient of its obligations to timely perform all terms and conditions of this Agreement, nor does this provision or such notice take away from Recipient, or in any way TEXAS PIPES SUB-RECIPIENT GRANT AGREEMENT diminish, any of Recipient's rights under this Agreement where Sub-Recipient fails to timely perform under the Statement of Work or any other provision of this Agreement, including Recipient's right to impose sanctions on Sub-Recipient or terminate this Agreement for breach pursuant to Section 8.2. 3.2 In furtherance of Section 3.1 and the other provisions of this Agreement, the Parties hereby acknowledge and agree that, in order to timely perform and fulfill the terms and conditions of the Grant, the ongoing collaboration of the Parties is critical and the Parties need to work together in good faith to timely fulfill their joint and respective obligations relating to, arising under or in connection with this Agreement and the Grant. Sub-Recipient acknowledges and agrees that compliance with the Statement of Work, including active participation in meetings during which Sub-Recipient is prepared to discuss the issues at hand, is critical to the successful performance of the Grant. In the event of Sub-Recipient's willful, persistent or repeated failure to participate in meetings pursuant to the Statement of Work, whether such meetings are in person, telephonically or otherwise, Recipient shall have the right to terminate this Agreement for breach. For purposes of clarification, if Sub-Recipient fails to be prepared for or participate in two or more in person meetings in any year or four or more telephone meetings in any year, such failure shall be deemed a breach of this Agreement and Recipient shall have the right to terminate this Agreement under Section 8.2. 3.3 Sub-Recipient shall comply with 15 C.F.R. §§14.31 — 14.37 in connection with the management and disposition of property used in connection with the performance of the Grant. 3.4 Sub-Recipient shall maintain written standards of conduct governing the performance of its Representatives engaged in the award and administration of contracts relating to the performance of the Grant. Such standards shall comply with the requirements set forth in 15 C.F.R. §14.42. 3.5 Sub-Recipient shall establish written procurement procedures in accordance with the requirements set forth in 15 C.F.R. §14.44, and shall follow such procedures in connection with contracting or subcontracting for goods or services in connection with the performance of the Grant. 3.6 Sub-Recipient shall, to the greatest extent practicable, purchase American-made equipment and products with funding provided under the Grant. ARTICLE 4: FINANCIAL REPORTING AND PAYMENT 4.1 As consideration for the services described in Exhibit B, the parties shall contribute funding in accordance with Exhibit G. 4.2 Sub-Recipient shall pay Recipient $144,000 upon signature of this Agreement. Sub-recipient certifies that these funds were not received under another Federal award. Checks should be made to Texas A&M University and payment forwarded to the following address: Texas A&M University-Sponsored Research Services 400 Harvey Mitchell Parkway South, Suite 300 College Station, Texas 77845-4375 Attn: Deposits TEXAS PIPES SUB-RECIPIENT GRANT AGREEMENT 4.3 Sub-Recipient shall also contribute cost-sharing funds in the amount of $322,590 in accordance with the budget in Exhibit G. Cost-sharing is required to be completed in accordance 15 CFR Part 14 and the budget appended and incorporated as Exhibit G. Federal funds may not be used to meet the Subrecipient's cost-sharing obligation for this Agreement. Cost- sharing is required to be reported with each invoice in accordance with the Cost Sharing Report Format attached and incorporated Exhibit M. ARTICLE 5: ADMINISTRATION OF SUB-RECIPIENT PERFORMANCE 5.1 This Agreement is subject to Subpart C of 2 C.F.R. Part 1326, Government-wide Debarment and Suspension (Non-Procurement). 5.2 Sub-Recipient shall comply with 31 U.S.C. §1352, as implemented by 15 C.F.R. Part 28, New Restrictions on Lobbying. Sub-Recipient shall provide to Recipient a completed "Disclosure of Lobbying Activities" (Form SF-LLL) disclosing the use of non-Federal funds for lobbying. Sub-Recipient shall submit such Form SF-LLL to Recipient within fifteen (15) calendar days following the end of any calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously submitted by Sub-Recipient. Sub-Recipient shall flow down this reporting requirement to any sub-awards, contracts or subcontracts exceeding $100,000 in connection with work under this Grant. 5.3 Sub-Recipient shall not sub-grant or sub-contract any part of this Agreement, including any obligations under the Statement of Work, to any individual, entity, agency, association or other organization, including any governmental authority, instrumentality, self-regulatory organization, commission or organization, any regulatory, administrative or other agency, or any political or other subdivision, department or branch of any of the foregoing (each, a "Person"), without the prior written approval of Recipient. Subrecipients shall insure that vendors agree to comply with vendor provisions applicable to this Grant. A form Vendor Agreement that will be utilized by Recipient is attached as Exhibit J hereto. 5.4 Sub-Recipient shall grant Recipient, DOC and the Comptroller General of the United States access to and the right to inspect any and all property created by or in the control of Sub- Recipient or its Representatives that relates to the Grant, including any and all books, records, accounts, invoices, contracts, leases, payrolls, time sheets, canceled checks, statements, and other documents, papers and records of Sub-Recipient and its Representatives, whether written, printed, recorded, produced or reproduced by any electronic, mechanical magnetic or other process or medium in order to make audits inspections, site visits, excerpts, transcripts, copies, or other examinations. 5.5 Sub-Recipient shall comply with the background screening requirements set forth in 73 Fed. Reg. 7696 (February 11, 2008) and Section F of the Department of Commerce Financial Assistance Standard Terms and Conditions. 5.6 Sub-Recipient shall comply with all record retention requirements required by law, including the requirements set forth in 15 C.F.R. §14.53. 5.7 Sub-Recipient represents and warrants that it (i) is not currently identified on any Office of Foreign Assets Control List; (ii) is not a Person with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other TEXAS PIPES SUB-RECIPIENT GRANT AGREEMENT prohibition of United States law, regulation or Executive order of the United States; and (iii) does not provide "material support" to acts of terrorism as defined in the USA Patriot Act. Sub- Recipient agrees to confirm this representation and warranty in writing on an annual basis if requested by Recipient to do so. 5.8 Sub-Recipient shall comply with the Flow-Down Provisions of Exhibit C hereto. 5.9 Sub-Recipient shall timely provide Recipient, at Recipient's request, such information as Recipient shall determine necessary to comply with its reporting requirements, including those imposed by 15 C.F.R. §§ 14.50 - 14.52. 5.10 Sub-Recipient acknowledges that in connection with the Grant, DOC requires a first priority lien on and security interest in all real and personal property, including equipment, acquired, purchased or improved by or on behalf of Sub-Recipient (collectively, the "Collateral"). (a) When and as directed by Recipient, Sub-Recipient agrees to execute and deliver, or cause to be executed and delivered, in favor of DOC one or more Form UCC-1 financing statements relating to the Collateral, which shall be filed in the appropriate records of the proper jurisdiction, as well as an agreement and mortgage or similar financing statement relating to any real property constituting Collateral, which shall be filed in the appropriate records of the proper jurisdiction. Such security interests shall be renewed every five years, over the useful life of the equipment in accordance with the requirements of DOC. In addition, Sub-Recipient shall execute and deliver to Recipient, at any time and from time to time, at Sub-Recipient's sole cost and expense, all assignments and financing statements pursuant to the UCC, including continuation statements thereof, and other documents requested by Recipient including any further instruments, documents, security agreements, amendments, supplements, substitutions, modifications and powers of attorney and to take all actions requested from time to time by Recipient to create, perfect, protect and enforce the security interest of the Collateral, whether now or hereafter acquired. (b) Sub-Recipient hereby covenants that: (i) Sub-Recipient shall use the Collateral solely for the purposes for which the Grant was awarded and such use shall at all times be in compliance with the terms and conditions set forth in the Grant; (ii) Sub-Recipient shall defend, at its sole cost, its title to the Collateral and the security interest of DOC against all claims of all third parties; (iii) Sub-Recipient shall not make or permit to be made in the future any assignment, pledge, hypothecation, encumbrance or transfer of any of the Collateral and will keep all of the Collateral free from all levies, attachments, liens, security interests, encumbrances and charges of whatsoever kind, whether arising by judicial process or otherwise, and will pay or cause to be paid promptly when due all taxes, fees, assessments and other charges now or hereafter imposed upon the Collateral, and (iv) Sub-Recipient shall keep and maintain adequate records and books of account with respect to the Collateral. ARTICLE 6: CONFIDENTIALITY 6.1 Subject to Sections 6.4 and 6.5, no Party will, without the prior written consent of the other Party, disclose any Confidential Information of the other Party to any third party acquired TEXAS PIPES SUB-RECIPIENT GRANT AGREEMENT during the performance of this Agreement, or for a period of three (3) years following the termination of the Grant. Information will be considered Confidential Information of a Party if (i) it is disclosed by a Party to the other Party in tangible form and is conspicuously marked "Confidential", "Proprietary" or the like; (ii) it is disclosed by a Party to the other Party in non- tangible form and is identified as confidential at the time of disclosure; (iii) a Party receives such information from a third party subject to an obligation of confidentiality, or (iv) it contains the disclosing Party's customer lists, customer information, technical information, pricing information, pricing methodologies, or information regarding the disclosing Party's business planning or business operations. In addition, notwithstanding anything in this Agreement to the contrary, the terms of this Agreement will be deemed Confidential Information of each Party. 6.2 Information will not be deemed Confidential Information hereunder if such information (i) is known to the receiving Party prior to receipt from the disclosing Party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing Party; (ii) becomes known (independently of disclosure by the disclosing Party) to the receiving Party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing Party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the receiving Party; or (iv) is independently developed by the receiving Party. 6.3 Each Party will secure and protect the Confidential Information of the other Party (including the financial terms of this Agreement) in a manner consistent with the steps taken to protect its own trade secrets and confidential information, but not less than a reasonable degree of care. 6.4 Each Party may disclose the other Party's Confidential Information where (i) the disclosure is required by applicable law or regulation or by an order of a court or other governmental body having jurisdiction after giving reasonable notice to the other Party with adequate time for such other Party to seek a protective order; (ii) if in the opinion of counsel for such Party, disclosure is advisable under any applicable securities laws regarding public disclosure of business information; or (iii) the disclosure is reasonably necessary and is to that Party's, or its Affiliates', employees, officers, directors, attorneys, accountants and other advisors, or the disclosure is otherwise necessary for a Party to exercise its rights and perform its obligations under this Agreement, so long as in all cases referenced in the clauses above the disclosure is no broader than necessary and the Person who receives the disclosure agrees prior to receiving the disclosure to keep the information confidential. To the extent practicable, each Party is responsible for ensuring that any Confidential Information of the other Party that the first Party discloses pursuant to this Section (other than disclosures pursuant to clauses (i) and (ii) above that cannot be kept confidential by the first Party and disclosures pursuant to clause (iii) to a court or arbitrators where a Party seeks to exercise its rights under this Agreement) is kept confidential by the Person receiving the disclosure to the same extent that the receiving Party must keep the information confidential. 6.5 Notwithstanding anything in this Agreement to the contrary, each Party may disclose the other Party's Confidential Information (other than information deemed confidential pursuant to Section 6.1(iii)) to its Members unless both Parties agree in writing that such information shall be kept confidential as to the other Party's Members. ARTICLE 7: INTELLECTUAL PROPERTY TEXAS PIPES SUB-RECIPIENT GRANT AGREEMENT 7.1 No license is conveyed pursuant to this Agreement in: a. Any "Invention", as defined in section (c) below, conceived and first reduced to practice or made the subject of a patent application in accordance with patent law in the United States, or in any other country or region, before the Effective Date of this Agreement or independent of work conducted pursuant to the Statement of Work under this Agreement (`Background Invention'); or b. Technical data or computer software developed by or on behalf of a Party before the Effective Date of this Agreement or independent of work conducted pursuant to the Statement of Work under this Agreement (`Background Technical Data and Software"). c. As used in this Section, Invention shall mean any invention or discovery that is or may be patentable or otherwise protectable under 35 U.S.C. 7.2 Except as provided in Section 7.3, neither Party claims by virtue of this Agreement any right, title, or interest in or to any issued patent or pending patent applications owned or controlled by the other Party. 7.3 The rights in any Invention conceived or first reduced to practice solely or jointly in connection with the performance of the Grant will be determined under the Federal laws pertaining to intellectual property created in the course of federally funded grants. Recipient shall retain title to any Inventions, patents, pending patent applications or other intellectual property rights in Inventions conceived or first reduced to practice by its employees in the course of performance of the Grant. Sub-Recipient shall retain title to any Inventions, patents, pending patent applications or other intellectual property rights in Inventions conceived or first reduced to practice by its employees in the course of performance of the Grant. Recipient and Sub- Recipient shall have joint ownership in any Inventions conceived jointly by their employees during the course of performance of the Grant. Recipient may apply for a non-exclusive or exclusive license to such Inventions in accordance with 37 C.F.R Part 404. 7.4 Subject to the rights of the Federal Government under applicable law, Recipient and Sub- Recipient shall have the right to receive and use technical data or software that is created in connection with the performance of the Statement of Work. ARTICLE 8: TERM AND TERMINATION 8.1 Unless earlier terminated in accordance with Section 8.2, this Agreement shall be effective as of June 13, 2011 and shall continue in full force and effect until the September 30, 2013 (such period, the "Term"). 8.2 This Agreement may be terminated prior to its expiration as follows, and such termination shall be in accordance with 15 C.F.R. § 14.61(a)(3) and 15 C.F.R. § 14.5 to the extent that such Sections are applicable to such termination: a. The Parties may terminate this Agreement by mutual written agreement. b. In the event that the Grant expires or is terminated or the Grant funds become unavailable during the term of this Agreement, Recipient may terminate this Agreement upon notice to Sub-Recipient. c. Recipient may terminate, in whole or in part, the right of Sub-Recipient to proceed with the performance of this Agreement or any aspect of the Statement of Work, for TEXAS PIPES SUB-RECIPIENT GRANT AGREEMENT convenience, and without further obligation except that Sub-Recipient shall be entitled to payment for work properly performed pursuant to the Grant prior to the effective date of such termination. d. If for any reason whatsoever Sub-Recipient breaches any provision of this Agreement, Recipient shall have the right to terminate this Agreement, in whole or in part at its discretion, effective immediately upon notice to Sub-Recipient. Such notice shall specify the reason for such termination and the termination date. Time is of the essence with respect to all of Sub-Recipient's obligations under this Agreement. For the avoidance of doubt, any failure by Sub-Recipient to timely perform or fulfill any of its obligations shall be deemed a breach of this Agreement. e. Subject to the rights of any trustee in bankruptcy and to applicable law, in the event of the appointment of a trustee, receiver, or liquidator for all or a portion of Sub- Recipient's property, or for any act of bankruptcy by Sub-Recipient as defined in the Bankruptcy Act, as amended, or for any voluntary petition in bankruptcy by Sub- Recipient, Recipient may terminate the right of Sub-Recipient to proceed with the performance of this Agreement without further obligation. 8.3 In the event that this Agreement expires or is terminated pursuant to this Article 8, Sub- Recipient shall cease work as of the date of expiration or termination, as the case may be, and shall not incur obligations after such date. 8.4 Upon the expiration of this Agreement or upon a termination of this Agreement, all right and title of Sub-Recipient to all real and personal property, including equipment, that has been purchased, acquired or improved by or on behalf of Sub-Recipient and used for joint build components of the network infrastructure pursuant to the Statement of Work shall automatically be transferred to Recipient, subject to applicable law and subject to the security interest of DOC in such property contemplated by Section 5.10. Sub-Recipient agrees to execute and deliver to Recipient such agreements, assignments, documents, and instruments as may be requested by Recipient in order to effectuate such transfer. ARTICLE 9: DISPUTES 9.1 In the event a dispute between Recipient and Sub-Recipient arises as a result of an act or omission by DOC, such dispute shall be resolved in accordance with the dispute resolution procedures arising under the Grant. The Parties agree to be bound by a decision resulting from such procedures. 9.2 In the event of any dispute between Recipient and Sub-Recipient relating to or arising from the terms or conditions of this Agreement, including the Statement of Work, or the performance by Sub-Recipient of its obligations hereunder, the Chief Executive Officers of each Party shall promptly meet to seek to resolve the dispute in good faith. ARTICLE 10: MISCELLANEOUS 10.1 This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes all prior written and verbal agreements, representations, promises or understandings between the Parties. This Agreement will not be binding on either Party until and unless it is fully executed by both Parties. Any amendments to this Agreement TEXAS PIPES SUB-RECIPIENT GRANT AGREEMENT will only be effective if they are in writing and executed by both Parties. In the event of a dispute arising from an ambiguity in the terms and conditions of this Agreement, the Parties acknowledge that the Grant Application by Recipient, as well as the written correspondence of the Parties relating hereto and thereto, shall serve as relevant information to determine the intent of the parties and the interpretation thereof. 10.2 The Parties to this Agreement are independent of each other in all matters. The employees or agents of one Party shall not be deemed to be the employees or agents of the other Party for any purpose under federal or state law. Neither Party shall have the right, power or authority to create any obligations, express or implied, on behalf of the other except to the extent provided herein. Nothing contained in this Agreement is intended to create, or shall in any event or under any circumstance be construed as creating, a partnership or a joint venture between the Parties. 10.3 Sub-Recipient may use independent contractors, subcontractors or other non-employees (collectively, "Non-employees") to perform, or to act on behalf of Sub-Recipient with respect to, its obligations hereunder. Sub-Recipient's use of Non-employees does not release Sub-Recipient from any of its liabilities or obligations under this Agreement. Sub-Recipient is responsible for all actions and omissions of its Non-employees when its Non-employees are performing for or acting on behalf of Sub-Recipient, and in addition, Sub-Recipient is also responsible for all acts of its invitees or visitors at any office, facility, property or other location that is visited or used in connection with the Grant or this Agreement (the "Properties"). 10.4 If any provision of this Agreement shall be determined to be illegal, invalid, or unenforceable, the remaining provisions shall continue in full force and effect. Each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. 10.5 Any notice required or permitted under this Agreement must be in writing, and shall be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address set out below. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, email or other commercially reasonably means and will be effective when actually received. Recipient and Sub-Recipient can change their respective notice address by sending to the other party a notice of the new address. Notices should be addressed as follows: Recipient: Texas A&M University Attn: Director of Telecommunications Address: Mail Stop 1174 College Station, Texas 77843-1174 Fax: 979-847-1111 E-mail: telecom @tamu.edu With a copy to: Attn: Marcie Avery Address: 400 Harvey Mitchell Parkway South Suite 300 College Station, Texas 77845 TEXAS PIPES SUB-RECIPIENT GRANT AGREEMENT Phone: 979-862-6451 E-mail: mavery @tamus.edu Sub-Recipient: City of Corpus Christi Attn Admin: Michael Armstrong Address: 1201 Leopard Street Corpus Christi, Texas 78401 Phone: 361-826-3740 E-mail: Michaelar @cctexas.com Attn Technical: David Trevino Address: 1201 Leopard Street Corpus Christi, Texas 78401 Phone: 361-826-3754 Cell: 361-876-2310 E-mail: dtrevino @cctexas.com 10.6 Failure of either Party to insist on strict performance of any of the conditions, covenants, terms or provisions of this Agreement or to exercise any of its rights hereunder shall not waive such rights, but such Party shall have the right to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either at law or in equity. 10.7 This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which together shall constitute but one and the same agreement. 10.8 Each Party hereby represents and warrants that it (i) has full power and authority to execute and perform this Agreement (without needing any other authorizations from any other Person), and (ii) has taken all action necessary to authorize the execution and performance of this Agreement. In addition, each person executing this Agreement on behalf of a Party, does hereby warrant that such person has the right and authority to execute this Agreement on behalf of the relevant Party and that all the procedures and approvals that are necessary and required to enable such person to properly execute this Agreement and to bind the represented Party in accordance with the terms hereof have been followed and secured. At a Party's request, the other Party will provide sufficient evidence confirming the accuracy of the above warranties. 10.9 Each Party agrees to execute and deliver all documents and to perform all further acts as may be reasonably necessary to carry out the provisions of this Agreement. 10.10 The provisions of this Agreement that by their nature are continuing or need to continue to ensure a Party's rights hereunder are fully protected and shall continue in full force and effect and shall bind the Parties beyond any expiration or earlier termination of this Agreement. 10.11 Any assignment or delegation of all or part of this Agreement or rights or duties hereunder, including assignments by virtue of merger, reorganization, or other similar transactions, by Sub-Recipient shall be void, unless prior written consent thereto is given by Recipient, which consent Recipient may withhold at its sole discretion. 10.12 The substantive laws of the State of Texas govern all matters arising out of or relating to this Agreement and all of the transactions it contemplates. Pursuant to Section 85.18 (b), Texas TEXAS PIPES SUB-RECIPIENT GRANT AGREEMENT Education Code, venue for a state court suit filed against TAMU, or any officer or employee of Texas A&M University is in the county in which the primary office of the chief executive officer of the system or component, as applicable, is located. At execution of this Agreement, such county is Brazos County, Texas. 10.13 The Parties acknowledge that each Party and its counsel have reviewed this Agreement and that the rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement. 10.14 The headings and captions in this Agreement are solely for convenience and shall not be considered in construing or interpreting any provision in this Agreement. The pronouns of any gender shall include the other genders, and either the singular or the plural shall include the other. 10.15 Non-Waiver. Sub-recipient expressly acknowledges that Recipient is an agency of the State of Texas and nothing in this Agreement will be construed as a waiver or relinquishment by Recipient of its right to claim such exemptions, privileges, and immunities as may be provided by law. IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first above written. Texas A&M University City of Corpus Christi By: %' y: i>J Name: Katherine V. Kissmann Name: Ron Olson Title: Director, Contracts & Grants Title: City of Corpus Christi City Manager Date: December 2, 2013 Date: Exhibit M Cost-Sharing Report Format TAMU Reference Number: 425428 Name: City of Corpus Christi Address: 1201 Leopard St. Corpus Christi Tx.78401 (Mailing Address:P.O.Box 9277 Corpus Christi Tx.78469) Tax Identification Number: 74-6000574 Report Number: Final Report: X Yes No Time Period: 6/13/2011—9/30/2013 The following was contributed for the referenced account: Description Amount Applicable hours with City crew of 5 used to fulfill the completion of the Agreement using 80/20 rule established by Texas A&M(8hrs/day x 5 crew x 65 days=2600 man hours)is 2080(80%of 2600=2080).At the$75/hr rate utilized by Texas A&M: 2080 x$75= $156,000 Conduit to Flour Bluff $23,327.50 PO 267920 Dead End for Aerial fiber $719.40 Inv. 15676 Anchor Installs $475.00 PO 274802 Dielectric supports $739.80 Doc. 340541925 Wireless bridge(Holly to Flour Bluff) $7,636.85 PO 277971 ME Switch at Holly $11,739.35 PO 254296 ME Switch at Flour Bluff $11,844.98 PO 264096 Fiber for new runs $25,740.00 PO 273913 Fiber for new runs $11,920.00 PO 250436 Trailer Compressor for fiber installs $12,284.00 PO 255706 Generator for fiber truck $4,247.55 PO 274441 Network upgrades(services) $15,472.00 PO 259550 Network upgrades(services) $17,619.00 PO 260559 ME Switch(OSO,NorthWest,Tuloso) $25,655.09 PO 261521 (NOTE: 3/5 of PO applied) Total Match $325,420.52 Required Match $322,590.00 (Accounting documents to support the cost-sharing contribution are attached.) CERTIFICATION: I certify to the best of my knowledge and belief that this report is in accordance with the terms and conditions of the Agreement dated Signature: Name/Title: Michael Armstrong, CIO,Director of MIS Date: November,26,2013 Mail Completed Form To: The Texas A&M University System Office of Sponsored Research Services 400 Harvey Mitchell Parkway South Suite 300 College Station,Texas 77845-4375 TEXAS A&M INFORMATION TECHNOLOGY TELECOMMUNICATIONS , 26 November, 2013 MEMORANDUM TO: Mr. David Trevino MIS, IT Program Coordinator, City of Corpus Christi +-�� FROM: Walt Magnussen, Ph.D., Director for Telecommunications, Texas A V. SUBJECT: NTIA BTOP grant benefits to the City of Corpus Christi In fall of 2010,Texas A&M University applied to the NT1A for BTOP grant in round two of their funding rounds. This grant was intended to provide dark fiber to all of the TAMU System campuses across the State. It is my understanding that the City of Corpus Christi applied for a round one grant that was not funded. In discussions with the City of Corpus Christi, we agreed to add some city sites our grant that were not funded in the cities grant request. Over the following two years TAMU working with the City had constzucted the fiber to 13 sites in the City of Corpus Christi, Seven of the sites were City, four were TAMU Corpus Christi and two were non-city or University. This project involved the placement of approximately 13 miles of fiber to the various sites. We have been working on a sub-recipient agreement for the past two years but the match committed by the City of Corpus Christi include in-kind labor, material to be purchased by the City and cash. It was not possible to finalize the Sub Recipient agreement until the exact value of the match was known. The sites listed below include all of the sites in the City connected to the network. Since all of this is either 24 or 36 strand fiber there is significant excess capacity that can be used by the city for energy management, traffic control or any other purposes to be determined by the City. ON. Stevens Waste Water Treatment Plant, 1301 Leopard St. Northwest Senior Center, 9725 Up River Road Northwest Library, 3202 McKinzie Road Flint Hills Police Department, Tuloso Road Fire Station Number 12, 2120 Rand Morgan Rd. OSO Waste Water Treatment Plant, 501 Nile Drive, Flour Bluff Water Tower, 2029 Division Road TAMU Corpus Christi Main Campus, 6300 Ocean Drive TAMU CC Momentum Campus, 701 Nile Drive 1501 South Texas Avenue TAMU CC Garcia Arts Center, 2021 Agnes Street 1174 TAMU College Station,TX 77843-1174 Tel.979.845.1020 Fax.979.847.1111 telecom.tamu.edu TAMU CC Texas Art Museum- Selena, 1901-2 North Shoreline Drive Education Service Center Region 2,209 North Water Street Valley Telephone Point of Presence, 606 North Carancahua According to the terms set by the NTIA TAMU must own the asset for the next ten years but the agreement places control and management of the fiber in the hands of the City of Corpus Christi. Furthermore,the agreement conveys ownership of the fiber to the City after the 10 year period, Along with providing connectivity to several City sites, this project provided connectivity to the Carrier Hotel on 606 Walker Street that houses Texas LEARN network. Availability to the site will provide the City with connectivity to Valley Telephone's network for lower cost Internet access. In addition, the site on Walker could be used by the City to connect to the LEARN network which could be used for high bandwidth access to an off-site Tier-4 data center and the Public Safety LTE network core that Harris County has placed on campus in College Station. The project included the installation of Dense Wave Division Multiplexing (DWDM) equipment that allows the City to place multiple services on a single fiber pair in areas where dark fiber is limited. Your support on this important project further shows the strong working relationship between the City of Corpus Christi and Corpus Christi A&M University, uuuuuuuuuuuuuuuuuuuuuuuuuuuuuui uuuuuuuuuuuuuuuuuuuuuuuuuuuu uuuuuuuuuuuuuu � uuuui uuuuuuuuuuuuuuuui uuuuuuuuuuuuuuuuuuuuuuuuuuuuuu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuui uuuuuuuuuuuuuuuuuuuuuuuuuuuuuui uuuuuuuuuuuuuuuuuuuuuuuuuuuuuui 10 uuuuuuuuuuuuuu uuuuuuuuuuuuuu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuui iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliilliillillillillillillillillillilliillillillillillillilliillillillilligiiiiiiiiillillillillillillillillillic uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuui uuuu uuuuui III uuui uuuuuuuuuu 0 uuuuui uuuuuuuuuuuuuuuuuuuuuuuuuuuuuui cn OC) uuuuuuuuuuuuuuuuuuuuuuuuui uuuuuuuuuuuuiuuuuuuuuuuuuuuuuuu ..... ........n Q = Q O a) U U Q C: •- � m o C CU o CD o •L E o o � o � N > o T) � C: o 0 0 Q •O � N c� CL a o O N U U C.) -- Cfl � p C.) � 0 O cu p U 0 U o a� VIII°111111 a) p p � a) U — o � o }' v U 0 •— cu F-U L � -r- o 0)o E m U m •- o 06 0 U Q -0 (n L Q Q p O zt� cn cn U QL QL m m p p o O O N N U L C a) a _r_ Q U O U N E O -a _ U a) .0 V � a cr p O N U C: =3 00 0 a O O U � E � °p � 0 _0 N L O L- Cfl O 4-_' � 4-0 0) CD O L a) C/) C/) +� N N c: N 0 � O 0) N C:j U C: to m O m O 4-0 O , U U C/) U C:4-0 U m O U 11111111 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillut N C U C O O =3 O � Q — � DL 0 U ��-1--+ vJ Q L O a Ld_ •a) r 7 O L z ry m a c, c N ' p CN E p p }, N N 4-0 N N — 4-0 J N cu N N N N U v U LO (� C/) U N c� }, � M L •� N cu Q L- N N _V p N J O U C: C: C: � � c� o o a) a) a) v, c C: _ Q tf O C U Z O O = (/) x ;L H 0 z z 0 w CD O O O O O CD O O O O O " Cfl O � O O N 00 O M M O pr co E C:_ 4-0 cn E U- r 06 H Q cn (D U co 4 x o U- v a O � N N n L.L � j O N c: cn N cn O .� N }' •L }' N •� O L- C: C: + U —•U `O~ W •�� o C:ti � J N m O L c � 0 m to O 0 > 4-0 U c c U O .o C o U U o � Q o a) C: U � L t� � v cn � •� L � � = LL .�us,c a �ARPUBWp 1852 AGENDA MEMORANDUM Future Agenda for the City Council Meeting of December 10, 2013 Action Item for the City Council Meeting of December 17, 2013 DATE: December 10, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Approval of Collection Contract for Delinquent Special Assessments, Demolitions, Liens, and Risk Management Claims CAPTION: Motion to authorize the City Manager or his designee to execute a contract for the collection of delinquent special assessments levied in connection with paving liens and liens filed under Chapter 342 of the Health and Safety Code (including demolition, clean-up, and mowing) and for the collection of Risk Management claims with Linebarger Goggan Blair & Sampson, LLP for a fee of 20% of principal and interest collected on delinquent accounts turned over to the law firm. PURPOSE: The purpose of this item is to contract with a third-party for collection of delinquent accounts receivable accounts relating to special assessments and Risk Management claims. BACKGROUND AND FINDINGS: Financial Services is actively pursuing collection on all accounts owed to the City of Corpus Christi. One area that has historically been difficult to collect is in relation to special assessments levied in connection with paving liens, demolition liens, clean-up liens, and mowing liens. The City's Accounts Receivable division currently bills for these accounts. If payment is not received within 2 weeks, a second notice is sent to the customer. If the account remains unpaid after 30 days, a lien is filed on the property, and the account is turned over to a third-party for collection. In July 2009, the City entered into a contract with Linebarger Goggan Blair & Sampson, LLP (i.e., "Law Firm") for collection of these delinquent accounts at an initial fee of 25% of all claims turned over to the Law Firm that were actually collected and paid to the City. This was subsequently amended to 20% in 2011. Over a four-year period, more than $550,000 of delinquent principal and interest has been collected due to the efforts of the Law Firm. It should be noted that the Law Firm currently is used by Nueces County on behalf of all the taxing jurisdictions for the collection of delinquent property taxes. Since the collection of unpaid demolition accounts, clean-up accounts, and mowing accounts can be tied to a tax law suit filed for unpaid property taxes, it is to the City's advantage to use the Law Firm for collection of delinquent accounts since these accounts can be (and have been in the past) added to a tax suit; thus increasing our collection efforts. If a collection company does not have the ability to file a tax suit, then these types of accounts will stay on the City's books until the owner decides to either pay them or sell the property, at which time the title company would search the property records for any liens on the property. They would then collect the amount owed at the time of closing and would remit the funds to the City. Currently, there is over $3.9 million worth of delinquent accounts (approximately 7,300 accounts) that the Law Firm is currently working. With the aggressive efforts of Neighborhood Services and Code Enforcement, more citations are being issued for code violations. As a result, the volume of accounts to bill has increased for Accounts Receivable. Unfortunately, more accounts are also becoming delinquent. Renewing this contract would allow the Law Firm to continue its efforts towards collection of the City's delinquent balances with the proposed attorney's fee remaining unchanged at 20%. Section 1.10 of the proposed renewal is a new section added for the benefit of the Risk Management Division of the City's Legal Department. This section authorizes the Law Firm to assist with the collection for property damage claims by parties who are uninsured. It is estimated that there will be approximately 60 claims annually for the Law Firm to pursue for approximately $20,000 to $25,000 of revenue for the City. ALTERNATIVES: An alternative would be for all delinquent collections to be handled in-house by City staff. It has been our experience, however, that customers have a tendency to pay their delinquent invoices when they receive a statement from an attorney's office rather than from the City. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTALCLEARANCES: • Legal Department FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of(date) - - -This item - $ - $ - $ - BALANCE - $ - $ - $ - FUND(S): COMMENTS: The 20% attorney's fee that is assessed for collection of each delinquent account is paid by the customer and not the City. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Contract LAW FIRM CONTINGENT FEE CONTRACT This Agreement ("Agreement") is made on this the day of , 2013, between City of Corpus Christi, Texas, hereinafter referred to as "City", and Linebarger Goggan Blair& Sampson, LLP, hereinafter referred to as "Law Firm"; In consideration of the mutual promises herein contained, the parties hereto agree as follows: I. PURPOSE OF REPRESENTATION 1.01 City hereby retains and employs Law Firm for the collection of all delinquent accounts in special assessments levied in connection with paving liens and liens filed under Chapter 342 of the Health and Safety Code, including principal and interest owing to the City thereby, hereinafter referred to as "Delinquent Accounts" or"Delinquent Accounts in Special Assessments". An account is delinquent when it remains unpaid after thirty (30) days of initial invoice. 1.02 The City authorizes and directs Law Firm to take all actions necessary to include the Delinquent Account in pending tax suit, including all necessary court appearances, research, investigation, correspondence, preparation and drafting of pleadings, and all related work necessary to properly represent the City's interest in these matters. The Law Firm shall check with the City before filing any tax suit or obtaining a judgment on such a suit to ensure the inclusion of all liens in the suit or judgment. If additional liens are filed after the initiation of the tax suit, but before final judgment, Law Firm shall amend the pleadings to include such additional liens. The City will respond within 5 business days to the Law Firms request for lien accounts to be included in the filing or amendment of any suit. When a case is set for final hearing, the Law Firm will request an update to identify any additional liens to be included in the suit before the entry of judgment. The City will respond within 5 business days of the request for an update and said liens will constitute the final claims to be included in the suit. The Law Firm shall represent the City in all bankruptcies filed by delinquent property owners, including filing claims, monitoring the bankruptcy process, attending hearings as necessary, and otherwise insuring the City's interests are protected in the bankruptcy matter with respect to Delinquent Accounts. 1.03 The Law Firm shall pursue collection methods such as letters, telephone calls, in person contact regarding the collection of Delinquent Accounts in Special Assessments. The Law Firm agrees to contact the person who is legally responsible for the Delinquent Account to collect amounts owed. This shall be accomplished by mailings to delinquent accounts on intervals to be agreed upon by the Law Firm and the Director of Financial Services. Exhibit 1 identifies specific tasks to be performed by Law Firm. 1.04 The Law Firm shall provide the City Director of Financial Services with written monthly reports detailing its activities for the preceding month. No settlement agreement As of September 26,2013 prepared by LGBS of any claim, suit or proceeding shall be entered into without the approval of the City Director of Financial Services. 1.05 The Law Firm is to call to the attention of the City Director of Financial Services any errors, double assessments, or other discrepancies coming under its observation during the progress of the work. Ownership of information acquired by Law Firm concerning the services performed during this agreement belongs to the City, and Law Firm shall only use such information as needed to perform required services. 1.06 No settlement agreement of any claim, suit or proceeding shall be entered into without the approval of the City's Director of Financial Services. The Law Firm shall accept all payments, including collection fees and filing fees, from property owners. Law Firm shall deposit all payments received daily into City depository account, and also provide collection report identifying the Delinquent accounts for which payment was received by Law Firm. Law Firm shall prepare and send to City for City's signature the release of lien form, based upon the Law Firm's own lien research, on any properties where payment was received in full by Law Firm, within 45 days of receipt of the payment. On a monthly basis, Law Firm shall invoice the City for Law Firm's costs to provide services under this agreement. 1.07 The Law Firm shall maintain a file for each referred claim which shall be available to the City at all times for inspection. Such file shall contain all data pertinent to the claim to support its disposition. All documents, papers, or records pertaining to a file shall be retained after conclusion of all legal proceedings for disposition as mutually agreed to by the City's Director of Financial Services and Law firm. 1.08 Upon the written request of the City Director of Financial Services, the Law Firm shall promptly and no longer than 5 business days after such request, prepare affidavits of lien, at no additional charge to City. Law Firm shall file the affidavits of lien and release of lien documents at the Nueces County Courthouse. The City shall maintain escrow account at Nueces County Courthouse to be used by Law Firm to pay filing fees when filing the affidavit of lien and release of lien. Law Firm will provide City with receipt of filing fees paid using the City escrow account. 1.09 Law Firm shall maintain a database of the Delinquent Accounts in Special Assessments for mailing notices and collection purposes and provide City with real time access to the database at no charge. City retains ownership of all data provided to Law Firm. 1.10 City hereby retains and employs Law Firm for the collection of Risk Department claims, i.e., property damage claims by parties who are uninsured. As compensation for said services, the City hereby agrees to pay the Law Firm 20% of all claims which are referred to Law Firm for collection and which are actually collected and paid to the City during the term of this contract, to be paid by and collected from the debtors. All such compensation shall become the property of the Law Firm at the time payment of the monies is made to the City. The City Risk Department will provide a report identifying claims to be pursued on a bi-annual basis. At their own expense, the Law Firm will perform an annual mailing on said claims. The City will accept, apply and deposit As of September 26,2013 prepared by LGBS payments received for said claims. The City shall pay any attorney's fees due to the Law Firm monthly by check with an accompanying report of all claims paid. II. LAW FIRM'S FEES AND EXPENSES 2.01 As compensation for services required under this contract, City hereby agrees to pay Law Firm 20% of all Delinquent Accounts in Special Assessments which are referred to Law Firm for collection and which are actually collected and paid to the City during the term of this contract, to be paid by and collected from the property owners. All such compensation shall become the property of the Law Firm at the time payment of the monies is made to the City. It is the intent of the parties that all payments for Delinquent Accounts, including collection fees and filing fees, shall be paid directly to Law Firm for processing. However, in the event that the City receives payments on these Delinquent Accounts, then the City shall forward the payment(prior to deposit)to the Law Firm for processing. In the event that the City deposits a payment from a Delinquent Account, then the City shall notify Law Firm of the deposited amounts, and pay Law Firm any collection fee owed to Law Firm. The City shall pay over said funds monthly by check. 2.02 It is understood that if the amount of Law Firm's fees under this Contract are regulated or governed by law, and that law precludes any other fee arrangement other than the amount set by law or regulation, then the amount payable to Law Firm is limited to the maximum allowed by law. 2.03 The Law Firm agrees to pay all court costs which the City would be legally obligated to pay and which are incurred in the performance of this Contract. Law Firm will attempt to collect from the delinquent property owner all such costs as are assessable against the delinquent property owner. Specifically, the Law Firm agrees to pay any such costs including citations by publication, services costs, and out of state costs if such collection cannot be made from property owner. III. REQUIRED RECITALS 3.01 This Agreement is effective only after review and approval by the City Manager or designee. 3.02 Law Firm shall keep current and complete written time and expense records that describe services provided in performing under this contract. 3.03 At any time upon request, Law Firm shall permit City Manager or designee, to inspect or obtain copies of the Law Firm's records kept in accordance with this contract. 3.04 Upon conclusion of any matter for which Law Firm was retained, Law Firm shall provide City with a complete written statement that describes the outcome of the matter, states the amount of any recovery, shows Law Firm's computation of the amount of the contingent fee. As of September 26,2013 prepared by LGBS 3.05 There is no difference in the method by which the contingent fee will be computed if any matter is settled, tried, or tried and appealed. 3.06 Law Firm is responsible for the payment of litigation, mailing, postage, and all other expenses, except that City shall reimburse any county charged filing fees. IV. TERM 4.01 The term of this Agreement begins upon the date of City Council approval. Either party may terminate this Agreement upon sixty (60) days prior written notice. Upon termination, Law Firm will deliver all pending files on cases referred to it under this Contract to the City. The Law Firm has six (6) months following termination of the contract to reduce to judgments all suits filed prior thereto. Upon termination, Law Firm shall provide the most recent database of the Delinquent Accounts in Special Assessments to City in a form that is usable by the City, or Law Firm shall continue to make database available to City. V. CITY RESPONSIBILITIES 5.01 City shall identify tax account number, owner name, street address, legal description and amounts owed on original list submitted to Law Firm. 5.02 City will not maintain payment agreements on delinquent accounts referred to Firm for collection. Firm is responsible for maintaining payment agreements on any delinquent accounts. 5.03 City shall respond to incoming telephone calls regarding Delinquent Accounts in Special Assessments. 5.04 City shall notify Law Firm of any settlements, adjustments or cancellations to delinquent accounts. VI. MISCELLANEOUS 6.01 This agreement shall be construed under and in accordance with Texas law, and all obligations of the parties are performable in Nueces County, Texas. a. This Agreement constitutes the sole and only Agreement between the parties and supersedes any prior undertakings or written or oral agreement between the parties respecting the subject matter of this agreement. b. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. As of September 26,2013 prepared by LGBS c. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. The City Manager is authorized to execute amendments to the Agreement. d. Law Firm agrees to comply with all applicable Federal, State, and Local laws, including laws related to collections. e. As desired by City, Law Firm agrees to an audit of files maintained by Law Firm pertaining to this Contract. f. Neither party may assign this Agreement without the prior written approval of other party. g. Notice may be sent by certified mail, postage prepared, and is deemed receive on the third day after deposit if sent certified mail. Notice shall be sent as follows: If to City: City of Corpus Christi Attn: Director of Financial Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 If to Law Firm: Linebarger Goggan Blair& Sampson, LLP Attn: Paul D. Chapa, Partner 500 N. Water Street, Suite 1111 Corpus Christi, Texas 78401 h. The Law Firm will not commence work under this Contract until the Law Firm has complied with the insurance requirements set out in the attached Exhibit 2. i. If the City has not awarded a new contract for the collection of delinquent accounts upon the expiration of this Contract, the contract will continue on a month-to-month basis, at the current fees, until such time as either party provides the other party with sixty (60) days written notice that it does not wish to continue the contract. This Contract automatically expires on the effective date of a new contract for the collection of Delinquent Accounts in special Assessments. The City will provide written notice of the effective date of the new contract to Law Firm. j. The parties recognize that the continuation of any contract after the close of any fiscal year of the City is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that said budget item will actually be adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. If the budget item for this Contract is not adopted, City will notify Law Firm and Law Firm may terminate the Contract at the end of the then current fiscal year. k. The insurance requirements are attached as Exhibit 2 to this agreement. As of September 26,2013 prepared by LGBS Agreed to by the City of Corpus Christi and Law Firm: City of Corpus Christi By: Ron Olson, City Manager Date: Attest By: Rebecca Huerta, City Secretary Approved as to form: By: Julian Grant, Assistant City Attorney For the City Attorney Linebarger Goggan Blair& Sampson, LLP By: Paul Daniel Chapa, Partner Date: As of September 26,2013 prepared by LGBS Exhibit 1 Services Performed by Law Firm Collection of Lien Maintain database of delinquent accounts for mailing and collection purposes and provide City with real-time access to the database at no charge. Include liens in delinquent tax suits. Mass mailings of delinquent bills as requested by City. Respond to incoming phone calls to Law Firm regarding Delinquent Accounts. Produce affidavits for law suit evidence. Perform judgment lien research for tax sales. Represent City in bankruptcy court when property owner in bankruptcy. Perform telephone collections. Prepare deeds for resale. Disburse tax sale and resale money. Present resale bids to Council. Answer correspondence regarding Delinquent Accounts. Law Firm will inform City of any forwarding addresses on returned mail received by Law Firm. As of September 26,2013 prepared by LGBS EXHIBIT 2 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation, material change, Bodily Injury and Property Damage non-renewal or termination is required on all Per occurrence - Aggregate certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Commercial Form 2. Premises— Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors PROFESSIONAL LIABILITY to include : $1,000,000 COMBINED SINGLE LIMIT I. Personal Injury 2. Errors and Omissions C. In the event of incidents / accidents of any kind, Contractor must furnish the Risk Manager with copies of all reports of any claims within ten (10) days of the incident/ accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the General liability coverage. * The name of the project must be listed under "Description of Operations" * At a minimum, a 30-day written notice of material change, non-renewal, termination or cancellation to the Risk Manager is required. As of September 26,2013 prepared by LGBS AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of December 10, 2013 Second Reading Ordinance for the City Council Meeting of December 17, 2013 DATE: October 31, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Multifamily to Single-Family Residential For The Mokry Family Property Address: 5621 Corsica Road and 6940 South Staples Street (FM 2444) CAPTION: Case No. 1013-02 Mokry Family: A change of zoning from the "RM-1" Multifamily 1 District to the "RS-6" Single-Family 6 District. The property is described as being a 4.01- acre tract of land, more or less, out of Lot 31, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on both sides of Corsica Road and approximately 620 feet east of South Staples Street (FM 2444). PURPOSE: The purpose of this item is to rezone the subject property to allow construction of a single-family residential subdivision. RECOMMENDATION: Planning Commission and Staff Recommendation (October 23, 2013): Approval of the change of zoning from the "RM-1" Multifamily 1 District to the "RS-6" Single-Family 6 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting to rezone the subject property from the "RM-1" Multifamily 1 District to the "RS-6" Single-Family 6 District to allow for the development of a single-family residential subdivision. The adopted Future Land Use Plan slates the subject property for a medium-density residential use, however, a sufficient amount of multifamily housing stock and multifamily-zoned property already exists in the vicinity of the subject property due to previous rezonings. Down-zoning the subject property allows the developer to follow the design and infrastructure regulations of a typical low-density residential development. The proposed rezoning to a single-family zoning district would contribute to the availability of low-density housing stock and would be consistent with the zoning districts and developments to the east and south. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is inconsistent with the adopted Future Land Use Plan, which slates the subject property for a medium-density residential use. A medium-density residential use is described as a multifamily development ranging from eight to 22 dwelling units per acre. The proposed rezoning, however, would allow residential uses within the density limit of the existing zoning district and land use plan. Additionally, a sufficient amount of multifamily housing stock and multifamily-zoned property already exists in the vicinity of the subject property due to previous rezonings on Timbergate Drive for apartment complexes. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits �, _1 ��'nlply�*rp,,,�� i �r l�`l I l �yiri �'` / �� ��p� � �' i j��� ���, �. I t�' -�'�" � S�j�/ , y �� uuI �, �� � u �r� 1������, ��i r� , � �, l �'� '/ �� ,�. +r �'�/i� � ,�%i� °iii% iii � � i -, �',o �� �,�/ l ,, �rig% �� '�i ,��� rl �� "/ /��la��I � � 1 �,���-, ,'�G�� � �� ��. v +� % �' �,G !� 1, � � � � � � 1�� I � N /h� ' � ' ��° f ��n ;� fly �� � � �' � �' .� ,���r;; � , �� ,, ,� �� ��' �� r,'� , ;, III PLANNING COMMISSION FINAL REPORT Case No.: 1013-02 HTE No. 13-10000033 Planning Commission Hearing Date: October 23, 2013 a C Applicant/Owner: The Mokry Family (Tim J. Mokry, Gerard L. Mokry, }•, a Catherine J. Mokry, Edmund J. Mokry, Loraine Mokry Nemec, Leona Mokry yWilliams, Thelma Eugenia Mokry, and Estate of Louis V. Mokry, Deceased) .`? 6 Representative: Larry Mokry CL_ Legal Description/Location: Being a 4.01-acre tract of land, more or less, a out of Lot 31, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, � located on both sides of Corsica Road and approximately 620 feet east of ad South Staples Street (FM 2444). }, From: "RM-1" Multifamily 1 District To: "RS-6" Single-Family 6 District 'o Cr Area. 4.01 acres N Purpose of Request: To allow for the development of an 18-lot single-family residential subdivision. Existing Zoning District Existing Land Future Land Use Site "RM-1" Multifamily 1 Vacant Medium Density Residential 8' Q Low Density •� ? North "RS-6" Single-Family 6 Vacant C Residential c South "RS-4.5" Single-Family 4.5 Low Density Low Density J Residential Residential y East "RS-6" Single Family 6 Low Density Low Density ' Residential Residential w West "CN-1" Neighborhood Vacant Commercial Commercial Area Development Plan: The subject property is located within the aboundaries of the Southside Area Development Plan (ADP) and is planned for c� C medium-density residential uses. The proposed change of zoning to the "RS-6" Single-Family 6 District, which is a low-density residential district, is a o inconsistent with the adopted Future Land Use Plan. Q Map No.: 044032 Zoning Violations: None Final Report Case#1013-02 Mokry Family Page 2 cTransportation and Circulation: The subject property consists of two sites, CL c each having 308 feet of frontage along Corsica Road. Corisca Road is a local residential street located to the east of and intersecting with South Staples Street (FM 2444). c O Urban Street Transportation Proposed Existing Traffic Section Section Volume L Plan Type Cn c� Corsica 50' ROW, 60' ROW, Not Road Local 28' paved 40' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RM-1" Multifamily 1 District to the "RS-6" Single-Family 6 District to allow for the development of an 18-lot single-family residential subdivision. A single-family residential subdivision is an allowed use in the existing "RM-1" Multifamily 1 District, but the development of a single-family residential subdivision within a multifamily zoning district requires construction of larger utility lines and street widths than a single-family zoning district would require. Down-zoning the subject property allows the developer to follow the design and infrastructure regulations of a typical low-density residential development. Applicant's Development Plan: The applicant plans to develop the subject property with a single-family residential subdivision. The subject property consists of two 2-acre tracts of land on each side of Corsica Road. The developer will subdivide each tract into nine lots with a minimum lot size of 6,000 square feet. Existing Land Uses & Zoning: Located to the north of the subject property is vacant land zoned "RS-6" Single-Family 6 District. To the west of the subject property is vacant land zoned "CN-1" Neighborhood Commercial District. To the south and east of the subject property are single-family residential neighborhoods zoned "RS-4.5" Single- Family 4.5 District and "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed rezoning is inconsistent with the adopted Future Land Use Plan, which slates the subject property for a medium-density residential use, which is a multifamily use ranging from 8 to 22 dwelling units per acre. The proposed rezoning, however, would allow residential uses within the density limit of the existing zoning district. Although the subject property was planned for multifamily uses originally, a sufficient amount of multifamily housing stock and multifamily-zoned property already exists in vicinity of the subject property due to previous rezonings on Timbergate Drive for apartment Final Report Case#1013-02 Mokry Family Page 3 complexes. The proposed rezoning to a single-family zoning district would contribute to the availability of low-density housing stock and would be consistent with the zoning districts and developments to the east and south. Plat Status: The subject property is not platted. Department Comments: • The subject property is suited for the proposed uses. • The change of zoning from the "RM-1" Multifamily 1 District (medium density) to the "RS-6" Single-Family 6 District (low density) would be consistent and compatible with the single-family zoning to the north and east. • For the proposed use, rezoning to the single-family district would prevent future multifamily uses from developing within the proposed single-family development without a rezoning. • For the proposed use, the existing "RM-1" District would burden the developer with unnecessary costs for upsized infrastructure, such as an eight-inch rather than six- inch water line, 60-foot wide streets rather than 50-foot wide streets and other more stringent requirements. • Rezoning the subject property to a single-family district will not detract from the City's ability to accommodate multifamily uses in this area. Mirador senior apartments was built in the last few years on Timbergate Drive. A large multifamily apartment complex is under construction on the north side of Timbergate Drive and another 15 acres of land on the south side of Timbergate Drive is zoned for multifamily uses. Planning Commission and Staff Recommendation (October 23, 2013): Approval of the rezoning from the "RM-1" Multifamily 1 District to the "RS-6" Single- Family 6 District. Number of Notices Mailed — 41 within the 200-foot notification area; 5 outside the notification area 0 As of October 31, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) Totaling 0% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Typical Layout Subdivision K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\1013-02 Mokry Family\CC Documents\1013-02 Report for Council Mokry Family.docx N . 1 RM CN - 1 - 1 3 SUBJECT PROPERTY N. 40 29 26 R 1 °^ 5. t14 41 10 rry - � 36 �.. TMw - 34 0 A% 22' - 13 27 , G ""4 , ire LA1� 0 18 25 19 � N 6 " 1 16 3 33 9 99 r`r C - �4 M Da e.Creared 'aOP 00 _ 800, Prepiuetd Sp JerernAl Feex Aeparrrtie%pf Devedca�arme�ni Servdct CASE: 1013-02 Zoning & Notice a Area RM-1 Multifamily E IIL Light Industrial R 2 RM-7 Mufl nil Y 3 PUE) Planned UnIt De v.Overlay ON rofesslo NL6ttice P Single-Family industrial / RM AT MuItNtanmIlyAT RS-6 Single-Famrrlly'6 i SUBJEcr y CNN Neighborhood Cruminmerclal RS-4.5 Single-Family 4.5 PR0,kRrY r� CN-2 MelghboThood Com inercVal RS-TF T'wo-Fam lly a � CR-t Resort Commercial RS-15 SEng le-FarmiIiy16 � ".,,..h-•..,, i` � CR-2 Resort Commercial ercl RE'.. Residential Estate 4'.,.-,,.,,,,� "„,.,. �� 41� �,•.�Townhouse CG-1 Genera CG-2 Genera CommercVai ""R TA-tl Spec Recreational UaN�rctle Park R� r✓ Cl Intensive Commercial CEO Downt own Cormmerc ial RV fi �ti R,'Nppq Nyt'anutaaaurecp Home ,, r R CR•3 Resort Cornr rnercilaV FR Farm Rural tN Historic Overpay BP Business Park "°`* ` 'Clay L'1 A 1 Swda,�ec Fv'oV�An 1 is e:rrerm / H✓fVv 2f�t4 fed�lrrr in ria�^ur ��, f'� R �111� a4Yrachen to rn C�Y�"Fr«terf U✓a V TuVeraers 6�LA kr1i/�5„+r N'YN ,1 LIq��S��. ✓rer VdlYfl e JieV""aPIjJ frdfR�� I✓1 Pr7Q.FU,S rrtiLirl 302. 00' 60. 00' 60, 00' 60. 00' 60. 00' 62. 00' 6 6 23 0 0 0 ci ci ci 20'YR 15' PRIVATE 15' PRIVATE 'PARK PARK—\ 0 �u 23 cv) 0 Lo 115' Lo cu 15' 61. 00' 55, 00' 50' 55. 00' 61, 00' cu 20' YR 20' YR 0 0 �w 0 r-: 0 >- 0 0 r 0 rz rlz rz 20' YR 20'YR 50' 61. 00' 55. 00' 55. 00' 61. 00' CORSICA DR. THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF NIXON M. WELSH, P.E. NO. 36240 OF BASS AND WELSH ENGINEERING, BASS AND WELSH ENGINEERING F 52. IT IS NOT TO BE USED FOR CORPUS CHRIST], TX CONSTRUCTION OR BIDDING PURPOSES. SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB—CORSICA 1, JOB NO. 12085, SCALE: 1" = 50' PLOT SCALE: SAME, PLOT DATE: 8/28/13, SHEET 1 OF 1 Ordinance amending the Unified Development Code ("UDC") upon application by the Mokry Family, i.e., Tim J. Mokry, Gerard L. Mokry, Catherine J. Mokry, Edmund J. Mokry, Loraine Mokry Nemec, Leona Mokry Williams, Thelma Eugenia Mokry, and Estate of Louis V. Mokry, Deceased ("Owners"), by changing the UDC Zoning Map in reference to a 4.01-acre tract of land, more or less, out of Lot 31, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM-1" Multifamily 1 District to the "RS-6" Single-Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of the Mokry Family, i.e., Tim J. Mokry, Gerard L. Mokry, Catherine J. Mokry, Edmund J. Mokry, Loraine Mokry Nemec, Leona Mokry Williams, Thelma Eugenia Mokry, and Estate of Louis V. Mokry, Deceased ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 23, 2013, during a meeting of the Planning Commission, and on Tuesday, December 10, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by the Mokry Family, i.e., Tim J. Mokry, Gerard L. Mokry, Catherine J. Mokry, Edmund J. Mokry, Loraine Mokry Nemec, Leona Mokry Williams, Thelma Eugenia Mokry, and Estate of Louis V. Mokry, Deceased ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 4.01-acre tract of land, more or less, out of Lot 31, Section 11, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), located on both sides of Corsica Road and approximately 620 feet east of South Staples Street (FM 2444), from the "RM-1" Multifamily 1 District to the "RS-6" Single- Family 6 District (Zoning Map No. 044032), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: City Secretary Nelda Martinez Mayor 1013-02 Ordinance,MOKRY FAMILY Page 2 of 2 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIxoN M. WELSH, P.E.,R.P.L.S. 361 882-5521- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr @aol.com e-mail: nixmw @aol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 September 25,2013 13060-M&B ZONING RS-6 ZONING TRACT STATE OF TEXAS § COUNTY OF NUECES § Description of a 4.010 acre tract of land,more or less, a portion of Lot 31, Section 11,Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Page 41 — 43, Map Records, Nueces County,Texas, said 4.010 acre tract of land as further described by metes and bounds as follows: BEGINNING at the westernmost corner of Lot 18, Block 1, Barclay Grove Unit 9, a map of which is recorded in Volume 63, Pages 116 — 118, said map records, said beginning point for the southernmost corner of the tract herein described and being in the northeast boundary line of Barclay Grove Unit 5, Block 1, a map of which is recorded in Volume 60,Page 106,said map records; THENCE N61 000'50"W 302.00' along said northeast boundary line of Barclay Grove Unit 5, Block 1, to a point for the westernmost corner of the tract herein described; THENCE N28 057'30"E, crossing Corsica Road, a distance of 578.43' to a point for the northernmost corner of the tract herein described in the northeast boundary line of a 5.510 acre tract of land described in Exhibit "D",Doc.No.2003024403,Official Records of said county; THENCE S61 000'50"E 302.00' along said northeast boundary line of 5.510 acre tract to the northernmost corner of Lot 37,Block 2, said Barclay Grove Unit 9,for the easternmost corner of the tract herein described; THENCE S28 057'30"W along the northwest boundary line of said Block 2, Barclay Grove Unit 9, crossing said Corsica Road and along the northwest boundary line of said Block 1, Barclay Grove Unit 9, a distance of 578.43' to the POINT OF BEGINNING, a sketch of said 4.010 acre tract described herein being attached hereto as Exhibit`B". . �� ' F . 11, 011110( �'..� ixon M.Welsh,R.P.L.S. NIXON. �► 221E •�•' *!0 r00M���a EXHIBIT "A" Page 1 of 1 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECT, 11, LOT 31, V. -A', P. 41 - 43, M, R, GOLDEN REAL ESTATE AND C❑NSTRUCTI❑N S61° 00' 50" E 302. 00' 00 .~ N J�Q J OD J� ZmfW Pqf W ..0 Z M W ON OD W V m Q I Z I Q Q . D �O W Z >2 > L` ON O JW Q Y M w 0 O LD � �Lo V QUO D E¢> X`� 000 <> u� v Lo pq W 3 r r CL CORSICA RD, _ p 0 (') V r Ln 00 00 20 Ri Qom~ �� W z Y OC � J aU�J Pqf Z W f Q U ~ 0�06 Z M W W F Z< I 19 D a��� �D F W W >r. LIZ 0 5 W Q J 0 Y w LD L] O �< -� }M Qg Q� w Lo Q J �¢> Mro 18 ¢> pq H O O J J N61 00' 50" W 302. 00' 9 10 17 18 19 0 50' 100' 200' BARCLAY GROVE UNIT 5, BLK 1, SCALE: 1"= 100' V. 60, P. 106, M. R. EXHIBIT " B" BASS WELSH SKETCH TO ACCOMPANY METES CCORP SNOCHRSTI, TX ENGINEERING AND BOUNDS DESCRIPTIONS SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB NO. 13060, SCALE: 1" = 100' PLOT SCALE: SAME, PLOT DATE: 09/25/13, SHEET 1 OF 1 se Ak o 0ON'TO%11 AGENDA MEMORANDUM 1852 First Reading for the City Council Meeting of December 10, 2013 Second Reading for the City Council Meeting of December 17, 2013 DATE: 11/18/2013 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) state grant award for FY13-14 CAPTION: Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a Grant from The Corporation for National and Community Service in the amount of $ 5,756.00 to the No. 1067 Parks and Recreation Funds — for funding of a national service project -- 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 the State's portion of year one of a three year contract with the corporation for National and Community Service in the amount of $5,756. There is no additional local grant match. 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/State 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 $ 5,756 1 1 $5,756 BALANCE J $ 5,756 J $5,756 Fund(s): Parks and Recreation Grant Fund 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 and appropriate a Grant from The Corporation for National and Community Service in the amount of $ 5,756.00 to the No. 1067 Parks and Recreation Funds — for funding of a national service project -- 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 from The Corporation for National and Community Service in the amount of five thousand seven hundred and fifty six dollars ($ 5,756.00) to the No. 1067 Parks and Recreation Fund — for funding of a national service program — 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 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 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 Award Information Agreement No.: 13SZWTX002 Project Period: 09/06/2013-08/31/2015 Amendment No.: 0 Budget Period: 11/15/2013-08/31/2014 CFDA No.: 94.016 Grant Year: 1 Award Description Provide TDADS funding Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the National and Community Service Act of 1990,as amended(42 U.S.C. §12501 et seq.). Funding Information Previously This Award/ Total Current Year 1 Awarded Amendment Year This Year Total Obligated by CNCS $0 $5,756 $5,756 Grantee's Unobligated $0 $0 $0 Balance(Carryover) Total Available $0 $5,756 $5,756 Cumulative Funding for Project Period Total Awarded in Previous Amendments $0 Total CNCS Funds Awarded to Date $5,756 Funding Source and Amount 2014--OPEl-Q52-OPO-22413-4101 $5,756.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 7/31/13. By accepting these funds,your organization agrees and accepts that: 1)You will submit to the Department of Aging and Disability Services,descriptions and performance measurement targets from your federal grant. This must be in a readable format and submitted electronically by December 15,2013 to toni.packard @dads.state.tx.us. 2)You will make the final financial status report available for review by the Department of Aging and Disability Services within 60 days of the end of each Texas Fiscal Year covered by this Agreement. The Texas Fiscal Year is from September 1 to August 31. 3)The State of Texas auditor,under the direction of the Legislative Audit Committee,has the authority to conduct an audit or investigation in connection with these funds;and 4)Under the direction of the Legislative Audit Committee,a project that is the subject of an audit or investigation by the State of Texas auditor must provide the auditor with access to any information the auditor considers relevant to the investigation or audit. Page 1 For Official Use Only For Official Use Only Notice Of Grant Award 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Senior Companion Program Grantee City of Corpus Christi EIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 Effective September 6,2013 your organization may incur pre-award costs. These pre-award costs are allowable only to the extent that they would have been allowable if incurred after the date of the grant award. The following pre-award costs are approved: Personnel expenses and benefits Staff Local travel Supplies Contractual and/or Consultant Services Other Volunteer Support Costs Stipend Other Volunteer Costs Terms of Acceptance: By accepting funds under this grant,the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at http://egrants.cns.gov/termsandconditions/FGPSCPTandC%20Revised%2020050613.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 budget(s),supporting documents,and other representations made in support of the approved Grant application. Corporation for National and Community Service: 11/05/2013 Lennette B.White,215-964-6309 Grants Official Signature Date Katy Dooley,512-916-7004 Lennette B.White Program Official Name(typed) Senior Grants Officer Title Page 2 For Official Use Only se Ak o 0ON'TO%11 AGENDA MEMORANDUM 1852 First Reading for the City Council Meeting of December 10, 2013 Second Reading for the City Council Meeting of December 17, 2013 DATE: 11/18/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department MichaelMo(a)cctexas.com, 361-826-3494 Retired Senior Volunteer Program (RSVP) state grant award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $18,059 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $18,059 grant in the No. 1067 Parks and Recreation Grants Fund. PURPOSE: Appropriation of grant funding to allow for the continuation of the Retired Senior Volunteer 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. The amount of $18,059 is the States portion of the three year contract. There is no additional local match for this portion. 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 (11/15/2013-06/30/14) and fiscal year 2013-2014, 431 enrolled volunteers contributed 47,000 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 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 $ 18,059 1 1 $ 18,059 BALANCE J $ 18,059 J $ 18,059 Fund(s): Parks and Recreation Grant Fund Comments: State grant for FY13. 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 Page 1 of 2 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an $18,059 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $18,059 grant in the No. 1067 Parks and Recreation Grants Fund Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept an $18,059 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program. Section 2. That an $18,059 grant from the Corporation for National and Community Service is appropriated into the No. 1067 Parks and Recreation Grants Fund for the Retired Senior Volunteer Program. 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 r d Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia., PA 191016-3323 Mired and Senior Volunteer Program . Grantee City of Corpus Christi. EM' 7460005 74 1201 Leopard St PO lox 9277 Corpus Christi TX 78401-2120 ward Information Agreement No.: 13RZWTX022 project Period: 0°9/06/2013-06/30/2014 Amendment No.: 0 Budget Period: 11/15/201.3-06/3012014 CFD1 A Rio.: 94.002 Grant '"ear: 1. Ord Description Provide TD' ADS funding Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the National and _ Community Service Act of 1990,as amended(42 U.S',C. §12501 et sect.). Funding information Previously This rd! Total Current Year 1 Awarded Arriendnient Year This Year Total Obligated by CNC'S $0 $1$,059 S18,059 ................................ Grantee's Unobligated $0 $cl so Balance(,Canyever) _ Total Available $0 $18,059 $18,059 Cumulative Funding for Project Period "total Awarded in Previous Amendments, $0 Total C NCS [,units Awarded to Date $18,059 Funding Source and Amount 2014--OPF 1-Q 53-OPO-2241.3-4101 $]5,059.00 Special Conditions Costs allowed under this rant are limited to those categories contained in signed application .... � � � FP package dcatwd 8/9/1'1 By accepting these funds,your organization agrees and accepts that: 1)You will submit to the Department ofCAging and Disability Services,descriptions and performance measurement targets from your federal grant. This must be in a readable format and submitted electronically by December 15,2013 to toni.packard cildads.state.tx.us. 2)You will Hulce the final financial status report available for review by the Department of Aging and Disability Services within. 60 days of the end of each Texas Fiscal Year covered by this Agreement.The Texas Fiscal Year is from September t to August. 31.. 3)The State of Texas auditor,under the direction of the Legislative Audit,Committee,has the authority to conduct an audit or investigation in connection with these funds; and 4)Under the direction of the Legislative Audit Committee,a project that is the subject of an audit or investigation by the State of Texas auditor must provide the auditor with access to any infdrrnation the auditor considers relevant to the investigation or audit. Page Y For Official[Ise only For Official rise Only Grant 601 Walnut Street, Suite 876 I Philadelphia, PA 19106-3323 Retired and Senior Volunteer Program Grantee City of Corpus Christi l7lhl. 746000574 1.201 Leopard St Pty 13ox 9277 Corpus Christi TX 75401-2120 Effective September 6,2013 your organization may incur pre-award costs. These pre-award assts are allowable only to the extent that they would have been allowable if incurred after the date of the grant award. The following pre-award costs are approved: i,Personnel expenses and benefits i,Staff Local travel L Supplies z Contractual and/or Consultant Services Other Volunteer Support.Costs U Stipend i Other Volunteer Costs Terms of Acceptance: By accepting funds under this grant,the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's wehsite at http://egrants.cns,gov/termsandcoiidifons/RSVPTandC%26Pevised�/`2f 20050613a df,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 budget(s),supporting documents,and rather representations made in support of[he approved Grant application. Corporation for National and Community Service: �w 11/05/2013 ° Lennwtte B.White,2.15-964-63019 ......... ......... Grants Official Signature late Katy 13ocsley,512-4316-7004 l.cnnette B. White Katy Official Name(typed) Senior Grants Officer ........................................... Title Page 2 For ottici,al use only d AGENDA MEMORANDUM First reading Ordinance for the City Council Meeting of December 10, 2013 MPPBP'©C4Rf" 1852 Second reading Ordinance for the City Council Meeting of December 17, 2013 DATE: 11/12/2013 TO: Ronald L. Olson, City Manager THROUGH: Mark Van Vleck, P.E., Interim Assistant City Manager FROM: Gustavo Gonzalez, P.E., Director of Water Operations Gustavogo@cctexas.com 826-1874 Approval of a five year Lease Agreement with Coinmach Corporation for operation of laundry facilities. CAPTION: Ordinance authorizing the City Manager, or designee, to execute a five year Lease Agreement with Coinmach Corporation for operation of laundry facilities at Sunrise Beach RV Park in consideration of fifty percent of gross receipts. PURPOSE: To provide laundry facilities to customers at Sunrise beach which is not available in the near vicinity. BACKGROUND AND FINDINGS: Sunrise Beach is a 27-acre recreational/campground facility with more than a mile of shoreline. It is situated along the banks of Lake Corpus Christi and is owned and operated by the City of Corpus Christi. This initiative is based on repeated customer request. Adding this convenience will improve and increase additional customer traffic. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This agreement conforms to City Charter requirements. EMERGENCY/ NON-EMERGENCY: Non-emergency, two readings. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Expenditures FY: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Water Comments: RECOMMENDATION: The Staff recommends approval of this five year lease agreement. LIST OF SUPPORTING DOCUMENTS: Lease agreement Ordinance authorizing the City Manager, or designee, to execute a five year Lease Agreement with Coinmach Corporation for operation of laundry facilities at Sunrise Beach RV Park in consideration of fifty percent of gross receipts. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or his designee, is authorized to execute a five year Lease Agreement with Coinmach Corporation for use of portion of Sunrise Beach RV Park to operate laundry room facilities in consideration of fifty percent of gross receipts. A copy of the contract shall be filed with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor COINMACH CORPORATION LEASE AGREEMENT STATE OF TEXAS DATE: 11/1312013 COUNTY OF SAN PATRICIO LOCATION# Memorandum of agreement between COINMACH CORPORATION, hereinafter called LESSEE, and City of Co us Christi., owner/or acting with full authority as owner's agent, hereinafter called LESSOR of the property consisting of(100)Units, commonly known as Sunrise Beach RV Park located at the address commonly known as 22825 Park Road 25,Mathis,Texas,78368,("Property").Lessor warrants and represents that no units are plumbed with their own washer and dryer connections. In consideration of the mutual covenants contained in this Lease, LESSEE and LESSOR agree to the following: 1. LESSOR herewith leases unto LESSEE, and LESSEE hereby rents from LESSOR, the laundry room(s) on the premises described above commencing on the date of the lease or the date of the equipment replacement/installation,whichever is the latter,and ending Five(5)years thereafter. 2. LESSEE shall be entitled to the right of exclusive installation and operation of the equipment on the above-described premises for which LESSEE shall pay the sum of Fifty 50% percent of LESSEE'S gross receipts from the Leased Premises,less any applicable,municipal or state license fees and occupational,sales,use rental or personal property or franchise taxes,processing fees when applicable,and refunds.Said rental will be paid by check to the office of LESSOR monthly provided,however,that the LESSEE shall always be entitled to receive as minimum compensation for each day of the rental period,the cash equivalent of the price of .82 wash cycle per installed washer and .82 dry cycle per installed dryer and such compensation will be adjusted annually as the total rent due for each calendar day of the applicable year.For computations,washers and single load dryers will count as one(1)piece of equipment and double load dryers will count as two pieces. 3. LESSOR shall,at its own expense,provide and maintain all necessary electric,gas,water,sewer, water heater and all other facilities required to properly operate the equipment,including utility connections. LESSOR shall clean and maintain the premises and promptly notify LESSEE if and when the equipment ceases to operate in a normal manner.LESSEE shall own and maintain the equipment that it installs,without expense to LESSOR.In the event that through no fault of LESSEE,one or more machines become partially or fully inoperable due to plumbing,electric, gas or any element of the facility operation that by the terms of the lease falls under the responsibility of LESSOR,and LESSOR has been notified in writing of any such problem(s)and said problem(s)has not been corrected within thirty days,LESSEE will have full authority to contract the work necessary to make the machine(s)operable and LESSEE will have the right to set off the cost of repair(s)from LESSOR'S future commissions due LESSOR until the expense is paid in full. 4. LESSOR agrees to provide sufficient size laundry room(s)with adequate space which will allow the LESSEE will furnish, install and service the following equipment: Speed Queen Washers, factory new, Speed Queen Dryers,factory new. LESSEE reserves the right to install other laundry vending equipment in the premises and to affix reasonable signs or other notices to the walls and equipment upon prior written approval of LESSOR. 5. LESSEE shall maintain comprehensive general liability and property damage insurance, as required in the attached insurance exhibit. Initial 6. LESSEE shall have right of ingress and egress to the premises leased herein, and shall be entitled exclusive and quiet use, possession and enjoyment of the premises during the Lease term. LESSOR does hereby grant, convey, and transfer to LESSEE the exclusive use and possession of all common laundry room(s) on the Property. (Said room(s) is/are hereinafter referred to as the "premise"). 7. In the event LESSOR requests in writing, for the replacement of fifty percent or more of LESSEE'S laundry equipment during the term of this lease with new machines,the LESSEE may, upon receipt of said written notice and replacement of the laundry equipment, request that LESSOR extend the original term of this lease for a period of Seven (7) years. All additional renewal terms shall then be enlarged to incorporate the extended original term. S. LESSEE shall have the right to terminate this Lease or reduce the number of machines, upon written notice to LESSOR, if(a) vandalism, theft, or attempted theft at the premises becomes excessive so as to seriously affect LESSEE'S ability to perform under the Lease, or(b) usage of the equipment in any three (3) consecutive months does not exceed an average of 2 cycles per machine per day. LESSOR acknowledges that access control devices, if any, supplied by the LESSEE are not warranted to provide any guaranty of security. LESSOR is responsible for maintenance of doors windows and parts thereof to the premise..LESSEE shall promptly repair or replace stolen or vandalized equipment as needed and LESSEE will have the right to set off the cost of repair(s) or replacement from LESSOR'S future commissions due LESSOR until the expense is paid in full. 9. If for any period of more than thirty(30) consecutive days during the term of this lease,LESSEE shall be deprived of the use of the laundry room(s)through no fault on its own part,then the term of this lease shall be extended for a like period of time,without further consideration or action on the part of the LESSEE. 10, This Lease shall be binding upon, and shall insure to the benefit of the parties hereto, and their successors and assigns for period of Five(5)years. 11. Left Blank. 12. LESSOR shall inform all subsequent owners of the Property of the rights of LESSEE under this Lease. 13. This lease shall be binding on the parties hereto, their heirs, executors, successors, assigns and personal representatives. 14. In the event any action is instituted to enforce any provision of the Lease, the prevailing party shall be entitled to reasonable attorney fees,court cost and expenses. 15. A labor charge of 3% of Gross Receipts will be deducted from LESSOR'S SLIM if counting on site is required. LESSOR understands that time is of the essence to a collectors schedule, therefore, LESSOR agrees that collector shall have to wait no more than TEN 10 minutes to be accompanied to either collect monies or count the monies collected. If LESSORS' agents or employees do not assist said collector in that time period,it is agreed that the collector may make all necessary collections or counting unattended by LESSORS agent. Such action shall not represent a breach of contract. LESSEE shall conduct any collections within LESSOR's regular hours of operation,which are Monday through Sunday 8a.m.to 4.p.m. 16. LESSOR agrees that during the life of this lease, LESSOR shall not furnish,provide, lease, rent, or in any manner caused to be installed, or enter into any agreement with anyone other than LESSEE to furnish, provide, lease, rent or in any manner cause to be installed washers and/or dryers in any of the common laundry facilities on the Property described above. Lessor is:Individual Partnership Corporation Enter Social Security number or the Federal Identification number in the appropriate space. SOCIAL SECURITY# COMMISSIONS TO BE SENT TO: FEDERAL I.D.# APARTMENTS OWNER/AGENT City of Corpus Christi COMMACH CORPORATION LESSOR LESSEE ---_.-- - _. Signature: Signature: By By 1�5Ct VV� Printed Name Printed Name i //-3 Date: Date: —T ATTACHMENT EXHIBIT INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor/Provider to commence work until all similar insurance required of the subcontractor/Provider has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/aggregate Commercial General Liability including: 1. Broad Form $1,000,000 Per Occurrence 2. Premises—Operations $2,000,000 Aggregate 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Underground Hazard(if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired&Non-owned WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT. EMPLOYER'S LIABILITY $500,0001$500,0001 $500,000 C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten(10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Contractor shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax# D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten(10)calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F... In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2013 ins req. Water Department—Sunrise Beach Laundry Project 10/28/2013 ds Risk Mgmt. d AGENDA MEMORANDUM oaPOwR,k First Reading City Council Meeting of December 10, 2013 2852 Second Reading City Council Meeting of December 17, 2013 DATE: November 26, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie Gray, P. E., Director of Streets and Storm Water Services ValerieG @cctexas.com (361) 826-3729 Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 Ordinance amending Chapter 49 of the Code of Ordinances, "Streets and Sidewalks" CAPTION: Ordinance amending Chapter 49 of the Code of Ordinances titled "Streets and Sidewalks" in order to provide requirements and prohibitions related to street cuts. PURPOSE: City council review and approval of the proposed ordinance amending Chapter 49 of the Code of Ordinances, titled "Street and Sidewalks" is required to provide necessary requirements and prohibitions related to street cuts on City streets. BACKGROUND AND FINDINGS: This ordinance amends several of the existing provisions found under Chapter 49 of the City's Code of Ordinances, Streets and Sidewalks. It provides certain measures to assist in maintaining the City's streets in good and safe condition. Amendments related to street cuts would apply to anyone that wants to cut a street for a utility installation. Highlights of the changes related to street cuts: • No cuts allowed for utilities under 6" without variance • All permits issued by Development Services &work inspected by Engineering (includes city work) • Updates fees & adds a pavement cost recovery fee • Ask utilities for a projected 5 year work plan • Warranty on work is 24 months not 12 • Prohibition on street cuts on new streets (less than 5 yrs. old) • Ordinance takes effect 90 days after its passage ALTERNATIVES: 1. Approve the proposed ordinance as presented. 2. Deny or motion to amend to make certain changes to the proposed ordinance OTHER CONSIDERATIONS: On November 19, 2013, City Council had the opportunity to review and comment on a proposed draft ordinance related to street cuts and sidewalks. The draft ordinance had been developed with input from various City departments. After the Council reviewed and commented on the draft ordinance, a final ordinance was developed and sent out to private utility companies for their review and comment. This final proposed ordinance addresses street cuts only. A second ordinance, related to sidewalks exclusively, will be presented to City Council after the first of the new year. CONFORMITY TO CITY POLICY: The proposed ordinance conforms to the City Charter's requirements for amending the Code of Ordinances. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: N/A ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item Future Anticipated Expenditures BALANCE COMMENTS: N/A RECOMMENDATION: Approval of the ordinance as presented LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Chapter 49 of the Code of Ordinances titled "Streets and Sidewalks" in order to provide requirements and prohibitions related to street cuts. SECTION 1. Article III, "Cuts and Excavations," under Chapter 49 of the Corpus Christi Code of Ordinances, is amended by deleting Sections 49-50 through 49-59 and adding the following new sections, beginning with a new Section 49-39-1 and ending with the new Section 49-59: Article III. Cuts and Excavations. Sec., 49°°39°1. Applliicalbiilliity; Coinflliicts Sec., 49 39 2. IDefiiiniitiioins Sec., 49 39 3. Applliicatiioin Sec., 49 39 4. IDirawiiings to accompainy applliicatiioin; excelptiiorns Sec., 49 40. Ilia Oeineirall (a) Prohibited activities (Ib) IPiroviisiioins cumulative (c) IPeinallty (d) No pirivate frights iiin Ipulblliic way (e) Appealls; (heading (f) Public eintiitiies not exempt (g) IC ulles aired iregullatiioins Sec., 49 41,Peirmiit irequired; iissuaince of Ipeirmiit; deiniiall of Ipeirmiit (a) lPeirmiit irequired (Ib) Ilssuaince of Ipeirmiit (c) IDeiniiall of Ipeirmiit (d) lPeirmiit not tirarnsfeiralblle; voiid !if excavatiioin not tiimelly coirnrnernced. (e) IC ecoird at excavatiioin siite; Ipulblliic notiice Sec., 49 42. IFees Sec., 49 43. IC eirnovall or irellocatiioin of facilities Sec., 49°44. Applliicalbiilliity of article to eirneirgernciies Sec., 49 45,• Work wairrarnty. Sec., 49 40,• Owineir Ibusiirness Ipllarns; cooirdiiinatiioin of excavatiioins Sec., 49 47. Newly coinstiructed or irecoinstiructed stireets Sec., 49 43,• Defaults; urnautlhoiri ed excavatiioins Sec., 49 49. Il,,,,,.iialbiilliity of aright of way useir; iiinsuiraince Sec., 49 50. I ,xteinsiioins Sec., 49 51. Access to fire Ihydirarnts; cirossiiings; traffic cointiroll devices. Sec., 49 52. Steell Ipllate teirnpoirairy. surfaces. Sec., 49 53. Complletiioin of excavatiioin; wairrarnty. Sec., 49 54 Wairrainty of excavatiioin; coirrectiioin of defects., Sec., 49 55 Work irequiireirnernts. Sec., 49 50,• Ilinspectiioins of excavatiiorns. Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 1 of 25 Sec,. 49 57. Damage to facility. Sec.. 49 58. As built dirawiiings and speciiflcatiioins,. Sec.. 49 59. Reserved. Sec., 49°39-1,. Applicability of fees; Conflicts Nothing in this Article authorizes the City to charge any fee in conflict with state law, franchise agreements authorized by the City Council, Article VI I of Chapter 49 of this Code, or Ordinance No. 026217, as amended. Sec.. 49 39-2,. Defi nlitiioins As used in this Article, the following terms shall have the meanings ascribed in this Article, unless the context of their usage clearly indicates another meaning: Abandoned facilities means facilities no longer in service or physically disconnected from the operating facilities, or from any other facilities that are in use or that still carry service. Administrative fee means the fee charged by the City to recover its costs incurred for right-of-way management; including, but not limited to, costs associated with registering applicants; issuing, processing, and verifying right-of-way permit applications; inspecting job sites and restoration improvements; determining the adequacy of right-of-way restoration; revoking right-of-way permits and other costs the City may incur in implementing the provisions of this Article. Applicant means any person who seeks a permit for an excavation. Area of influence means that area around a utility excavation where the pavement and subgrade is impacted by the excavation and is subject to more rapid deterioration due to the trench excavation. Backfill means excavation fill material meeting City specified quality requirements or the placement thereof. Certificated telecommunications provider or CTP means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the Texas Public utility Commission or"PUC" to offer local exchange telephone service as defined by Chapter 283 of the Local Government Code or"the Act." City means the City of Corpus Christi. Construction standards means the City of Corpus Christi Standard Specifications and Details as they may be amended from time to time by the Department of Engineering Services and approved by the City Engineer. Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 2 of 25 Contractor means any public or private person or organization, other than the City. Department means the Department of Development Services. Director means the Director of the Development Services Department, or his or her designee. Emergency means an unforeseeable event or occurrence that endangers health, life, or property, or a situation in which public need for uninterrupted utility service requires immediate corrective action to restore services. Emergency operations are defined as those operations and repairs necessary to prevent damage or injury to the health or safety of the public or any person and the work necessary to address a service interruption and requires written notice to Council when the contractual repair value exceeds $50,000 or otherwise written notice to the Director within 24 hours to ensure compliance with this Article of the Code. Upgrading of facilities, new service installation and neighborhood improvement projects are not emergency operations. Excavation means an activity that cuts, penetrates, or bores under any portion of the public way that has been improved with a paved surface for street, sidewalk, surface drainage, or related public transportation infrastructure purposes. The term includes but is not limited to cutting, tunneling, jacking and boring, backfilling, restoring, repairing, and installing and maintaining a temporary surface in, the public way. The term does not include a transportation improvement; however, it does include excavations that are undertaken for the improvement or maintenance of publicly owned utility systems, such as water and wastewater lines and facilities. The term also does not include utility maintenance or other activities that are performed within already existing structures, vaults, conduits, or cable ways that are located underneath street improvements, provided that any access required for the work is obtained through manholes, or other previously constructed entrances that may be utilized without cutting or penetrating any pavement or other street improvement. Facility means any structure, device, or other thing whatsoever that may be installed or maintained in, on, within, under, over, or above a public way by an excavation. FCC means Federal Communications Commission. Governing body means the mayor and the City Council of the City of Corpus Christi, Texas. Governmental entity means any county, township, city, town, village, school district, library district, road district, drainage or levee district, wastewater district, water district, fire district or other municipal corporation, quasi-municipal corporation or political subdivision of the State of Texas or of any other state of the United States and Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 3 of 25 any agency or instrumentality of the State of Texas or of any other state of the United States or of the United States. Inspection means the inspection of an excavation by any person approved by the Director to determine compliance with this Article. New street means the paved portion of the right-of-way that has been constructed, reconstructed, or resurfaced with an asphalt overlay, hot in place recycling, full-depth reclamation, reconstruction or other structural street maintenance treatment. "New street" includes all concrete paved streets, streets constructed or structurally resurfaced during the preceding seven years, for a collector or arterial street or during the preceding five (5) years for a residential street or alley or any street with a pavement condition index greater than eighty-five (85) as defined herein. Owner means a person, including the City, who is the owner or will, following the completion of the installation, become the owner of any facility that is installed or is proposed to be installed or maintained in the public way. Pavement condition index (PC/) means a measure of the condition of the right-of- way on a scale of 1-100. The PCI for a specific street segment can be requested through the Department. Pavement cost recovery fee means the cost incurred by the City and the public associated with a decrease in the useful life of a street caused by excavations. Permit means a permit issued under this Article authorizing excavation in the right- of-way. Permittee means any person or right-of-way user to whom a permit is issued to excavate a right-of-way. Person means any person, company, partnership, agency or other public or private entity, including City Departments Public way means any public street right-of-way located in the City, including the entire area between the boundary lines of every way (including but not limited to roads, streets, alleys, highways, boulevards, bridges, tunnels, or similar thoroughfares), whether acquired by purchase, grant, or dedication and acceptance by the City or by the public, that has been opened to the use of the public for purposes of vehicular travel. Public way construction entity means the City of Corpus Christi, the Regional Transit Authority, the Texas Department of Transportation, Nueces County, or any other public entity performing or causing to be performed transportation improvement construction or construction-related activities in public ways. Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 4 of 25 Repair means the temporary or permanent construction work necessary to make the right-of-way useable. Repair area means that area around an excavation where the pavement and subgrade is impacted by an excavation. Restoration means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition, or better, than existed before the commencement of the work. Resurfacing means any repaving, overlay, seal or reconstruction which creates a new pavement surface over the entire width of the street, excluding crack seals and localized base and pavement repairs. Right-of-way or public right-of-way means the surface of, and the space above and below, any street, road, highway, freeway, lane, path, drainage way, channel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, or other easement now or hereafter held by the City or over which the City exercises any rights of management or control and shall include but not be limited to all easements now held, or hereafter held, by the City but shall specifically exclude private property. Right-of-way(ROW) user means a person, its successors and assigns, that uses the right-of-way for purposes of work, excavation, provision of services, or to install, construct, maintain, repair facilities thereon, including, but not limited to, landowners and service providers. Routine service operation means a work activity that makes no material change to the facilities and does not disrupt traffic. Service means a commodity provided to a person by means of a delivery system that is comprised of facilities located or to be located in the right of way, including, but not limited to, gas, telephone, cable television, internet services, open video systems, alarm systems, steam, electric, water, telegraph, data transmission, petroleum pipelines, or sanitary sewage. Standard Specifications and Details (Specifications) shall mean the City of Corpus Christi Standard Specifications and Details as published by the Engineering Services Department, latest edition. Street means the pavement, curb and gutter and sub-grade of a city local, collector or arterial roadway. Supplementary application means an application made to excavate or obstruct more of the right-of-way than allowed in, or to extend a permit that has already been issued. Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 5 of 25 TMUTCD shall mean Texas Manual on Uniform Traffic Control Devices, latest edition. Traffic-control device means a traffic sign, signal, or marking that is placed and maintained in accordance with state law and this Code. Transportation improvement means the portion of work within the finished paved surface of a public way undertaken by or pursuant to contract for the state or a political subdivision of the state for the purpose of improving or maintaining public way transportation and related storm drainage and street lighting infrastructure, but does not include any activity, such as connection to other facilities, that cuts, penetrates, or bores under a public way other than the one being improved or maintained pursuant to the contract or that cuts, penetrates or bores under the public way after installation of new paving. UDC shall mean Unified Development Code. Utility shall mean any privately or publicly owned entity which uses public rights-of- way to furnish to the public any general public service, including, without limitation, wastewater, gas, electricity, water, telephone, petroleum products, telegraph, heat, steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the right-of-way. White lining means marking the excavation site with white washable marking paint or flags prior to requesting a utility locate in order to further identify the site. Sec„ 49 39-3. Applliicatiioin. (a) A permit for any excavation shall be obtained by the owner of the facility. If the owner of a facility will not be making the excavation with its own personnel, then the contractor retained to perform the work shall join with the owner as an applicant in obtaining the permit. Where two or more related excavations are being performed as part of the same project, the application and permit may cover the related work, consistent with the Regulations issued under Section 49-40(g) of this Code. (b) Applications for permits shall be in the form prescribed by the Director, who may provide for the filing and processing of applications by electronic means. Each application shall be submitted to the Director, shall be signed and sworn to before an officer authorized to administer oaths by each applicant and shall include the following: (1) The name, assumed name, or business name, business type (corporation, partnership, individual/sole proprietor or other) of each applicant; Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 6 of 25 (2) Each applicant's mailing address (and street address if different), telephone number, facsimile number, and e-mail address; (3) The location (including key map number), depth, length, and width of each excavation to be made in each block and/or intersection, which may alternatively be set forth on the provided drawings and specifications; (4) The purpose of the excavation, including a description of the facilities to be installed, maintained, and/or repaired; (5) The method of excavation; (6) The proposed excavation start date and duration; (7) A statement that each person executing the application is fully authorized to act on behalf of and bind his principal in executing and filing the application; (8) A statement that each applicant accepts and obligates itself to the following release and indemnification provisions: 'RELEASE PERMITTEE AGREES TO AND SHALL RELEASE THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE "CITY") FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THE PERMIT, EVEN IF THE INJURY, DEATH, DAMAGE, OR LOSS IS CAUSED BY THE CITY'S ACTUAL OR ALLEGED JOINT OR CONCURRENT NEGLIGENCE AND/OR THE CITY'S STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY. INDEMNIFICATION PERMITTEE AGREES TO AND SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE "CITY") HARMLESS FOR ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS, AND ALL OTHER DEFENSE COSTS AND INTEREST) FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 7 of 25 WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS PERMIT, INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY: (i) PERMITTEE'S AND/OR ITS AGENTS', EMPLOYEES', OFFICERS', DIRECTORS', PRINCIPALS', OR SUBCONTRACTORS OF PERMITTEES' (COLLECTIVELY IN NUMBERED PARAGRAPHS (i)—(iii), "PERMITTEE") ACTUAL OR ALLEGED NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS; (ii) THE CITY'S AND PERMITTEE'S ACTUAL OR ALLEGED CONCURRENT NEGLIGENCE, WHETHER PERMITTEE IS IMMUNE FROM LIABILITY OR NOT; AND (iii) THE CITY'S AND PERMITTEE'S ACTUAL OR ALLEGED STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY, WHETHER PERMITTEE IS IMMUNE FROM LIABILITY OR NOT. PERMITTEE SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY HARMLESS DURING THE TERM OF THE PERMIT AND FOR FOUR YEARS AFTER THE PERMIT TERMINATES. WHERE APPLICABLE, THE PROVISIONS OF SECTION 283.057 OF THE TEXAS LOCAL GOVERNMENT CODE SHALL CONTROL IN LIEU OF THE FOREGOING; ADDITIONALLY, TO THE EXTENT THAT THE APPLICANT HOLDS A CURRENT AND VALID UTILITY FRANCHISE FROM THE CITY, THE RELEASE AND INDEMNIFICATION PROVISIONS OF THE FRANCHISE SHALL CONTROL IN LIEU OF THE FOREGOING.' (9) The name of the owner of the facility; (10) The 24-hour telephone number at which each applicant's representative who will respond to emergencies may be contacted; (11) The name, mailing address, telephone number, facsimile number, and e-mail address of a person who is authorized to receive all notices authorized to be given by the City under this Article to each Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 8 of 25 applicant; (12) Confirmation that all materials necessary for construction will be on hand and ready for use so as not to delay the excavation; (13) A transmittal number issued by the Texas One Call Notification Center(811) evidencing that the applicant has complied with the Texas Underground Facility Damage Prevention and Safety Act or an assurance that the transmittal number will be provided to the Director before the excavation commences; (14) Evidence of insurance as required in Section 49-49 of this Code; (15) Drawings and specifications, as provided in Section 49-39-3 of this Code; (16) The work warranty as required by Section 49-45 of this Code; and (17) The nonrefundable application fee established pursuant to this Article. If the Director provides for the filing of applications by electronic means, each application for a permit or permit extension not submitted by electronic means shall also be accompanied by an additional application fee established pursuant to this Article for the cost of data entry. (c) An application for a permit for an excavation performed pursuant to Section 49-44 of this Code shall, in addition to the items required above, also include a written statement: (1) Explaining the basis for the emergency actions; (2) Describing the excavation being performed; (3) Describing any work remaining to be performed in the public way; and (4) Stating the time and date when the emergency occurred. Sec„ 49,,,39-4„ Dirawiiings to accompainy alplplliicatiioin; exceptiioins„ (a) Unless otherwise provided in the Rules and Regulations promulgated under Section 49-40(g) of this Code, each application shall be accompanied by drawings and specifications, which shall show: (1) The location of the excavation; Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 9 of 25 (2) The method and manner in which the excavation will be performed; and (3) The methods by which vehicular and pedestrian traffic will be controlled during the prosecution of the excavation, including any proposed signage, use of flaggers, or use of peace officers to direct traffic. The drawings and specifications shall be prepared in compliance with all applicable laws, rules, regulations, and construction standards. The Director may approve standard details for frequently encountered types of excavations, and the approved details may be incorporated into drawings and specifications, where applicable. (b) Consistent with applicable laws, sound engineering practices, and the nature and extent of the excavation, the Director may require the drawings and specifications to be sealed by a professional engineer who is licensed in Texas. (c) An emergency excavation may be commenced under Section 49-44 of this Code without submission of drawings and specifications. Consistent with the nature of the emergency and the excavation required, the Director shall allow the applicant a reasonable period of time to produce any required drawings and specifications. Sec„ 49,,,49„ Ilia Ceineirall (a) Prohibited activities., (1) It shall be unlawful for any person to excavate or cause an excavation within the City unless the person is a Permittee to whom a permit has been issued for the excavation pursuant to this Article. (2) It shall be unlawful for a Permittee to excavate or cause an excavation within the City in violation of any term of a permit issued pursuant to this Article. (3) It shall be unlawful for any Permittee to fail to exhibit a permit upon request as required by Section 49-41(e) of this Code. In any prosecution under this Article, it shall be presumed that there is no permit if the permit is not properly exhibited. (4) It shall be unlawful for any Permittee to fail to restore the public way following excavation as required by this Article. (5) It is an affirmative defense to prosecution under subsections (b)(1) and (b)(3) above that the excavation was begun in response to an emergency and that a permit was timely applied for in compliance with Section 49-44 of this Code. (b) Provisions cumulative. Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 10 of 25 (1) The provisions of this Article are cumulative of all other requirements of this Code and other laws, including, without limitation, the UDC, and utility franchises, as well as all applicable state and federal laws and regulations. Compliance with this Article does not excuse compliance with any other law, and Permittees are additionally required to obtain any other permits, licenses, and authorizations required by law, including but not limited to utility franchises, permits, licenses, and authorizations that are required to be obtained from the City, the Texas Department of Licensing and Regulation, the Texas Public Utility Commission, Texas Underground Facility Notification Corporation (One-Call Board of Texas), and the Railroad Commission of Texas or any other appropriate governmental agency. However, to the extent that any provision set forth in this Article may not be imposed upon any person because its imposition would be inconsistent with a controlling state or federal law, then this Article shall be construed and applied in a manner that conforms to the applicable state or federal law. In addition, this Article shall not be construed to require an owner to pay any fee that is prohibited by applicable state or federal law or valid city utility franchise. (2) To the extent that any other city permit or authorization is required for work that is also governed by this Article, the Director shall, to the extent practicable, devise consolidated application forms and issue the required permits or authorizations on a combined basis. (c) Penalty., Violation of this Article is unlawful. Any person who violates any provision of this Article shall be guilty of an offense and, upon conviction thereof, shall be punished as provided in Section 1-6 of this Code. Each and every day that any violation continues shall constitute a separate offense and shall be punishable as such. (d) No private irights in public way,. Nothing in this Article shall be construed to give any person or Permittee any property right in or to the use of the public way. All permits issued and held under this Article shall be subject to the superior right of the public to control the use of the public way and ensure the safe and orderly movement of traffic, and a separate permit shall be required under this Code where applicable to any work that causes an obstruction. (e) Appeals; hearing., Any person whose permit is denied or who is otherwise aggrieved by a notice, action, or decision of the Director hereunder shall, upon written request, be entitled to a hearing to be conducted in accordance with the UDC. The decision of the hearing officer shall be final. Where time is of the essence, the aggrieved person may so advise and state the Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 11 of 25 reason therefor in the request and, to the extent reasonably warranted and allowed by the circumstances, an expedited hearing of the issue shall be afforded. (f) Public entities not exempt., In addition to their application to other persons, the provisions of this Article are applicable to excavations made by the City and its contractors, as well as to excavations made by or on behalf of other governmental entities and subdivisions, to the extent of the City's police power jurisdiction. In connection with excavations made by the City, the Director may waive compliance with insurance and other requirements that have no practical application as applied to the City. (g) IRules and Regulations. (1) The Director in association with the City Engineer is authorized to promulgate Rules and Regulations regarding any aspect of the operation of this Article, including without limitation requirements for drawings and specifications, methods by which excavations will be performed, traffic control procedures, application processing and hearing procedures, debarment procedures, construction management procedures, and inspection procedures. The Rules and Regulations must be consistent with applicable federal and state laws, city ordinances, and sound engineering practices. The Director shall make copies of the Rules and Regulations available for inspection in the Director's office, and copies may be purchased at the fees prescribed by law. (2) Notifications to the One-Call Notification Center (811) must be made prior to commencing an excavation and must be consistent with Title 16, Texas Administrative Code, Chapter 18 Underground Pipeline Damage Prevention. The one-call notification should be requested no earlier than five (5) working days prior to the start of the excavation, but no later than two (2) workings days before the excavation is to begin. Sec,. 4941., - Permit required; issuance of permit; denial of permit. (a) Permit required., (1) Before issuing a permit, the Director shall have been provided a written application, on a form furnished by the Director, setting forth the name and residence or business address of the applicant; the location and approximate area of the excavation, including its approximate length and width, and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes; and, the purpose of the excavation. The application form shall include plans prepared in Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 12 of 25 accordance with City's Standards, Specifications, and Details as well as any other documentation required by the Department as part of their review process. a. The Director shall work with the Public Works and Utility Departments to develop a streamlined form for their use under this Article. b. Joint applications. Applicants may apply jointly for permits to excavate the right-of-way at the same time and place. Applicants who apply jointly for a right-of-way permit may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each shall pay. The City will recognize only one (1) point of contact. c. Supplementary applications. A permit shall only be valid for the area of the right-of-way specified within the permit. No Permittee may cause any work to be done outside the area specified in the permit, except as provided herein. Any Permittee who determines that an area greater than that which is specified in the permit must be excavated must: i. Make application for a permit extension and pay any additional fees required thereby; and ii. Receive a new right-of-way permit or permit extension. (2) Permits will be issued or denied within ten (10) days of application. Unless granted for a longer period, an excavation permit shall be valid for thirty (30) days and for the dates specified in the permit. The applicant may request the permit be valid for such longer period as may be necessary in the circumstances, in advance, as part of the application. The City may approve or deny the application for such extended permit period. No Permittee may commence work before the permit start date or, except as provided herein, may continue working after the end date. If a Permittee does not complete the work by the permit end date, the Permittee must apply for and may receive a new right-of-way permit or a permit extension for additional time. This supplementary application must be submitted to the City prior to the permit end date. (3) An expedited permit may be requested, and shall be issued within two (2) days of application upon a showing of good cause. (4) At the time the permit is issued, the applicant shall pay a nonrefundable application fee in an amount as provided for in this Article. (5) All sums paid to the City pursuant to this Article, shall be deposited in a separate fund or funds and expended only for the administrative oversight of the permitting process, the construction inspection of the actual work, repair resurfacing, rehabilitation, reconstruction, or other improvement of city streets where excavation has occurred after the effective date of the ordinance from which this Article derives. (6) The proposed location, depth and other characteristics of any facilities for Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 13 of 25 which the permit is issued shall be subject to approval of the Director, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of this Article and the City's Standard Specifications and Details. (7) No fee or requirement authorized or imposed pursuant to this Article shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in any right-of-way to relocate the facilities at no cost to the City, subject to state law, if applicable, in the event that relocation is required by the City to accommodate a proper governmental use of the right-of-way. (8) Combinations of permits shall be permitted at the discretion of the Director. Fees shall be assessed based on the excavations permitted. (9) Subdivision monuments, historical markers, and any other signs or structures with foundations in the right-of-way, excluding billboards, are subject to this Article. (b) Issuance of permit. Every person making application for a permit in accordance with the provisions of this Article and having complied with such provisions shall be entitled thereto, and, upon filing such application with the Director, it shall be his duty to issue the permit, when the provisions of this Article shall have been complied with. (1) Upon receiving a written application for an excavation permit and a plan prepared in accordance with the City's Standard Specifications and Details, the Director's designee shall set forth all requirements, approve or disapprove the application, sign and return it to the applicant. Excepting only emergency excavations, at least one (1) working day prior to the start of work, the applicant shall telephone the City's Department of Development Services and request a permit number, informing the City of the date the work will commence. A permit number shall then be assigned to the job and a permit shall be sent to the applicant. (2) A permit is not transferable. A permit is void unless the excavation to be made pursuant thereto is commenced within the time stated therein and the work diligently completed. (3) Each permit shall state a time period for completion of all the work to be done thereunder. The Director may grant extensions of time. (4) No person in violation of any requirement of this Article shall be issued an excavation permit, nor shall any contractor or agent apply for or be issued an excavation permit on the person's behalf, until the outstanding violation is corrected or a plan for Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 14 of 25 correction is approved by the Director. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the City at law or equity. (5) No work shall be done under any permit issued under this Article except as stated in the permit. If the permit is allowed to expire, the ROW user shall procure a new permit, paying the applicable fee therefor as before, before proceeding with any such work. (6) The appeal of a denied permit shall follow the appeal procedures outlined in the UDC. (c) IDeiniiall of peirmniit„ A permit may be denied or suspended for any of the following reasons: (1) Failure to provide proof of liability insurance acceptable to the City. (2) Failure to secure a contractor's license or other required license. (3) Failure to perform in accordance with the requirements of these provisions and/or referenced documents. (4) The excavation would be in a new street and not otherwise permitted by this Article. (5) The proposed warning or other traffic control procedures or equipment do not comply with the requirements of the TMUTCD or the requirements of the Director. (6) The proposed activity would violate a city ordinance or State or Federal statute. (7) The permit application contains false or misleading information. (8) The activity would cause a public health or safety hazard. (9) The ROW user is in violation of this Article relative to work in progress and/or has outstanding violations on other permits of this type issued by the City. A permit shall no longer be valid if there are material changes to the excavation, including but not limited to a change in the scope of the work or the method of performing the work of such consequence that the drawings and specifications no longer accurately depict the work, extending the excavation into any geographical area not included in the permit or an excavation that is not authorized by the original permit. (d) Permit not transferable;lle; voiid !if excavation not timely commenced,. (1) A permit issued under this division is personal to the Permittee and may not be transferred to another person or used by any other person to perform the excavation authorized in the permit. (2) A permit is valid only for the location(s) described on the application, depicted on the drawings and specifications, and authorized in the permit, and no excavation shall be authorized at any other location without another permit. Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 15 of 25 (3) Unless sooner extended by the Director upon written request and for reasonable cause, a permit shall become void if the excavation is not commenced within 60 days from the date of its issuance. (e) Record at excavation-siite; public notice. (1) A Permittee shall, at all times while an excavation is in progress, keep, at the location of the excavation, the original permit (or a copy thereof) and shall, immediately on demand, exhibit the permit upon request to the Director or any other person. (2) Each Permittee shall post and maintain notices in the vicinity of the excavation in the time, place, and manner prescribed in the Rules and Regulations promulgated under Section 49-40(g). Failure to post and maintain the required notice shall be unlawful. (3) Such notice required in paragraph (b) above shall include, but not be limited to, the name of the Permittee, the Permittee's telephone number, and the City permit number. Sec„ 49,,,42„ Fees„ The permit application and inspection fees will be assessed in accordance with the Development Services fee schedule. IPaverneint cost irecoveiry. (IPCIR) fee„ This reimbursement to the City is due prior to permit issuance and is collected to account for the decrease in the useful life of a street caused by excavations and is based on the Mid-American Regional Council Degradation Cost Recovery Method. IPaverneint cost irecoveiry fee call cull atiioin. Is calculated by multiplying unit cost (per sq. yd.) for Street Construction/Reconstruction, Overlays and Seal Coats by depreciation rate for each maintenance type and the area of influence of the cut. The area of influence adjacent to the trench is equal to the area of the cut plus three (3) feet on each side (in Sq. Yds.). All damage(s) caused directly or indirectly to the street surface or subsurface outside the pavement excavated area shall be regarded as a part of the excavation repair area. This includes any holes drilled into the pavement and not properly plugged, as well as damages caused by work equipment. These areas, as established by the Director, will be included in the total area to be repaired. The PCR Fee is calculated by multiplying: each street maintenance unit cost ($/SY) X area of influence (SY—actual cut dimensions plus three feet on each side) X depreciation factor (account for the age of the maintenance). Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 16 of 25 IExaim „II, II„ ullatiioir�: Collector Street constructed 10 years ago (unit cost $90.12/SY); sealed 3 years ago (unit cost $6.06/SY); actual size of cut — 5' x 5' square; area of influence — 11' x 11' (13.44 SY). Depreciation value of 10 yr old street construction = 0.79. Depreciation value of 3 year old seal = 0.4 Cost Recovery Fee for Constiructiioin = $90.12 X 13.44 X 0.79 = $956.86 Cost Recovery Fee for Seal = $6.06 X 13.44 X 0.4 = $32.58 I"'otall Cost IRecoveiry. Fee = $956.86 + $32.58 = $989,•44 Unit costs for each street maintenance type (Construction/Reconstruction, Overlay, and Seal) shall be updated annually by the Engineering Services Department with assistance from the Street Department and shall be based on the current market costs of Construction/Reconstruction, Overlay, and Seal work. Sec., 4 43,• IRemoval or irelocation of facilities. All Permittees who place facilities thereby obligate and bind themselves to move or change the location of facilities whenever required or instructed to do so by the City in order to accommodate the construction, repair, or relocation of city infrastructure facilities, and failure to do so shall be unlawful. Furthermore, the Permittees must relocate their facilities in a timely manner and communicate their expected relocation timeline to the City Engineer. Sec., 49°44,• Applicability of article to emeirgeinciies. Nothing contained in this Article shall be construed to prevent any person from making an excavation that is necessitated by an emergency, provided that the owner shall: (1) before the excavation is initiated, notify the Texas One Call Center (811) and/or Director by telephone at the 24-hour City's Response Telephone Number provided in the procedures established under Section 49-40(g) and also notify any other city, state, or federal authority required under law to be notified; and (2) apply for a permit for the excavation within 24 hours after the initiation of the excavation or, if the City's offices are then closed, within 24 hours after the offices of the City are first opened subsequent to the initiation of the excavation. Sec., 49 45,• Work wairrainty. Each applicant shall execute and provide a work warranty in a form approved by the City Attorney, which shall be incorporated into the application form. The purpose of the work warranty is to undertake and ensure that the Permittee will: (1) Timely perform the excavation in accordance with the permit, the drawings and specifications, all applicable laws, rules, and regulations, and the Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 17 of 25 construction standards adopted in or pursuant to this Article, subject to remediation as provided in Section 49-53; and (2) Warrant the excavation following its completion for two years, subject to remediation as provided in Section 49-54 of this Code. Sec„ 49,,,46„ Owner Ibusiiiriess Iplains; cooirdiiinatiioin of excavatiioins„ (a) On or before June 1 of each year, owners shall submit a plan of excavations anticipated to be done in the public way during the five-year period commencing on July 1 of that year. Additionally, the Director shall annually solicit a five-year transportation improvement plan from the various public way construction entities. As soon as practicable following receipt and compilation of the plans, the Director shall make available for inspection a composite list of all projects and transportation improvements designated in the various plans. Applicants are responsible for keeping themselves apprised of the current status of the list. An owner or public way construction entity may change, add, or delete any project in its five-year business plan, and if any modification is made, the owner and/or public way construction entity shall notify the City Engineer. (b) Prior to issuance of a permit, the Director shall check the application against the composite list. The Director may require owners to (i) coordinate their excavations; (ii) coordinate excavations with transportation improvements that are ongoing or are scheduled by public way construction entities; and (iii) complete excavations before transportation improvements commence. The Director may grant a waiver of coordination requirements for good cause. The Director shall consider the following before granting a waiver: (1) Effect of each proposed excavation(s) on the surrounding vicinity and on traffic mobility; (2) The applicant's need for the facility; (3) The need to facilitate the deployment of new technology as directed pursuant to official city policy; and (4) Public health, safety, welfare, and convenience. Sec„ 49 47. Newly constructed or irecoinstiructed stireets„ (a) Except as provided in subsection (b) below, no permit shall be issued for an excavation in any public way that has been constructed, reconstructed, repaved, or resurfaced in the preceding period of five years, as measured from the date of acceptance by the public works construction entity. Owners shall determine alternative methods of making necessary repairs and facility installations to avoid excavations that are subject to this section. (b) The Director, for good cause, shall grant a variance to an applicant for repair of existing utilities, to respond to emergencies, or to afford an owner the means to provide service to buildings that the owner has no other reasonable means of serving in the determination of the City Engineer. Variances shall be granted subject to special conditions that the Director determines to be appropriate to the circumstances, such as special coordination with other excavations, special paving requirements, additional soil compaction test reports, or any other Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 18 of 25 requirements needed to restore the integrity of the public way to "as new" condition. In addition to the information provided on the application, applicant shall provide the following with respect to that part of the public way subject to this provision: (1) Reason why the excavation was not performed before or when public way was paved; (2) Reason why the excavation cannot be delayed until after the five-year period expires; and (3) Reason why the excavation cannot be performed at another location or the owner's need cannot be accomplished by a method that does not require excavation. Sec„ 49 48. Defaults; unauthorized excavatiioins„ (a) The Director shall not issue a permit to any person who is in default or breach of any obligation to the City under this Article on a prior permit or on a warranty obligation under Sections 49-53 and 49-54 of this Code. (b) The Director is authorized to debar from obtaining a permit any person who has performed an unpermitted excavation or any owner who has knowingly allowed that practice. Any such debarment shall be for a reasonable period of time that is consistent with the nature and circumstances of the alleged transgressions. Regulations shall be issued for debarment under Section 49- 40(g) of this Code. (c) Before invoking the provisions of this section, the Director shall provide a written notice to the affected persons and afford them a right to a hearing under Section 49-40(f) of this Code. (d) It shall be unlawful for any person to make, cause or allow to be made, any excavation, or to install, cause or allow to be installed any tank, pipe, conduit, duct, tunnel, utility pole or other utility or appliance in or under the surface of any street, alley, sidewalk, right-of-way or other public place, at any location, other than that described in the application for the permit and as shown on the plans filed with the Director, and in accordance with the requirements of the permit. If the circumstances appearing after the excavation is commenced make it impossible to comply with the permit, the Director may grant a waiver to take the circumstances into account. (e) Failure to comply with requirements set forth in the Article or on any permit shall be cause for revocation of the subject permit and of any other permits held by the same Permittee until the violations have been corrected or the Director has approved alternative requirements. (f) Each violation of this Article shall be punishable by a fine not to exceed five hundred dollars ($500.00). Each day during which a violation continues shall be deemed a separate violation of this Article. Sec,, 4949,. Liability of iright-of-way user; iinsurance (a) Liability of right-of-way user. To the extent allowed by law, the right-of-way user shall be liable to the City for any damage or loss occasioned by any act or Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 19 of 25 omission occurring in connection with his excavation, and subject to state law, the ROW user shall fully indemnify, hold harmless and defend City, its officers and employees from and against any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including attorney's fees), damages, and liabilities of every kind to which the City, its officers or employees may be subjected for injury of any type, death or property damage arising from or connected with any such act or omission. City shall promptly notify a Permittee, or ROW user, at the address set forth in the permit, or last known address, of any claim or suit served upon the City and alleging negligent or wrongful conduct by the Permittee or ROW user in connection with an excavation. (b) Insurance. (1) As a condition of the issuance of a permit, the applicant shall provide evidence that the applicant holds a current policy of comprehensive general liability insurance covering the excavation, with an endorsement for any liability assumed under this Article and policy limits as currently required by the City. Each policy shall include a provision obligating the insurer to furnish to the Director at least ten days prior written notice of any cancellation. (2) The failure of the Permittee to continuously maintain any required coverage shall cause any permit covered thereby to become invalid. No work may be performed on any excavation at any time when any required proof of insurance coverage is not on file in the Director's office. Following notice and an opportunity for a hearing under Section 49-40(e) of this Code, the Director shall revoke any permit for which any required proof of insurance is not being maintained. (3) For joint applications and permits, the coverage required in this section may be provided by a policy jointly covering all of the applicants or by separate proofs of coverage for each applicant or Permittee. Sec,. 4 ­50,. Extensions., For good cause not relating to any fault of the Permittee in diligently prosecuting the excavation, the Director may extend the number of days allowed in the permit for completion of the excavation. To obtain an extension, the Permittee shall submit an application therefor, including the nonrefundable application fee established pursuant to this Article and indicating the number of additional days needed for final completion. Extensions of time granted under this subsection shall be noted on the records regarding the permit. Sec,. 49­51., Access -to fiiire hydrants; crossings; -traffic control devices., (a) Access to fire hydrants. Each excavation shall be performed so it does not obstruct emergency access to any fire hydrant or public water supply valve. (b) Crossings; traffic control devices. It shall be the duty of each Permittee to make provisions for the safe crossing of pedestrians and the orderly movement of vehicular traffic. Provisions therefor shall be included in the drawings and Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 20 of 25 specifications for the excavation. Any required traffic control devices shall conform to applicable laws and to the Texas Manual on Uniform Traffic Control Devices. Sec,, 49-52., Steel plate temporary surfaces., It shall be unlawful to place a steel plate at an excavation without a permit. The Director may authorize as a condition of a permit the use of a steel plate as a temporary surface for an excavation. Any such permit shall specify the length of time the steel plate is allowed to remain in the public way. It shall be unlawful for any Permittee or former Permittee to maintain or cause to be maintained a steel plate in the public way after the time specified in the permit for the excavation at which the steel plate is located. Each steel plate shall be clearly marked with the name of the owner of the steel plate, and a Permittee's failure to use a steel plate so marked shall be a violation of this Article. Sec,, 49-53., Completion of excavation; warranty. (a) In accordance with the Rules and Regulations promulgated under Section 49- 40(g), a Permittee shall notify the Director before commencing and obtain permission to commence the excavation before it enters into the public way. In connection with the notification and permission, the authorized date of entry on the public way, for purposes of Section 49-41 shall be established. In connection with the notification, the Permittee shall also furnish the transmittal number required under Section 49-39-2(b)(13) of this Code, if it has not previously been provided. The Permittee shall diligently prosecute the excavation to its final completion within the time authorized under the permit. It shall be unlawful for a Permittee to fail, refuse or neglect to diligently prosecute or to timely complete the excavation in accordance with the permit and all applicable Rules and Regulations and the construction standards adopted in or pursuant to this Article. (b) If a Permittee commences an excavation and then fails, refuses, or neglects to diligently prosecute or to timely complete the excavation in accordance with the permit and all applicable rules and regulations and the City's Design Standards, the City's Standards, Specifications and Details, the Director may, following written notice to the Permittee, perform the excavation or cause a contractor of the City to perform the excavation. The Director shall afford the Permittee five days' written notice and opportunity to cure before taking over the excavation, unless the Director determines that hazards to public safety and convenience that are posed by the condition of the excavation require a shorter notice period. The Director may charge the cost of having the excavation performed, including related administrative expenses, to the Permittee. The Director shall so notify the Permittee, and the Permittee shall be obliged to pay the cost within 30 days following receipt of notification. Disputes over costs assessed shall be subject to the hearing process established under Section 49- 40(e) and applicable rules or regulations promulgated under 49-40(h) of this Code. Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 21 of 25 Sec,. 49- 4,. Warranty of excavation; correction of defects,. Each Permittee shall warrant its excavations against all defects in workmanship and materials for a period of two years after final completion. Whenever within the two year period any portion of the pavement or surface of any public way excavated under such a warranty is, in the engineering determination of the Director, in need of repairs, by reason of any defect in workmanship or materials, the Director shall serve upon the Permittee a written notice stating the repairs necessary, and requiring the repairs to be made within five days after service of the notice. If the repairs are not timely made, the Director shall at once make or cause to the repairs to be made at the expense of the Permittee. The expenses, including any related administrative expenses, shall be charged to the Permittee, and the Permittee is hereby required to pay the cost within 30 days following receipt of notification. Disputes over costs assessed shall be subject to the hearing process established under Section 49-40(e) and applicable rules or regulations promulgated under 49-40(h) of this Code. Sec,. 49-55., .-Work Requirements. (a) The installation of a utility that crosses the right of way at a perpendicular or near perpendicular angle and has an outside diameter of 6 inches or less will not be permitted to be installed by cutting of the road section. Any exceptions to this will have to be approved by the Director. (b) Any street excavation/cut shall repair not only the impacted trench but also a full lane overlay for parallel cuts and 12 feet for perpendicular cuts on asphalt streets and shall replace full panels on concrete streets. (c) All work shall be completed in accordance with the City's Standards Specifications and Details. (d) The Permittee and ROW user shall comply with all applicable federal, state and local safety regulations and requirements (e) The Permittee shall make the work-site accessible to the City, and others as authorized by law, for inspection at all reasonable times during performance of the work. (f) The Department may require testing of materials used in construction in or near the right-of-way to determine conformance to required specifications, including, but not limited to, compaction tests on backfill materials, subgrade, aggregate base course, Portland concrete (rigid pavement), asphaltic concrete (flexible pavement) and other construction materials as deemed necessary by the department. (g) All work completed by the Permitee shall be guaranteed and warranted for a term of no less than 24 months from the date the work was completed. This does not prohibit the City from pursuing repairs after this date if it believes there were latent defects in the work completed under this permit. (h) At any time, the Director may order the immediate cessation of any work which poses a threat to the health, safety or well-being of the public. The Director may revoke the permit of any Permittee in any instance where there is a threat to the health, safety or well-being of the public. Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 22 of 25 Sec,. 49­56., Inspections of excavations. (a) All excavations shall be inspected by the City. Based upon the complexity and nature of the excavation and as specified in the permit, inspections may be required during the performance of the excavation, immediately upon completion of the excavation, or both. (b) Consistent with applicable laws, sound engineering practices, and the nature of the excavation, upon approval of the City Engineer, the Director may, in addition to or in lieu of the inspections called for under subsection (a), require that a Permittee, at the Permittee's expense, retain a professional engineer licensed in Texas to observe the excavation and, based upon the observations, to provide written certification upon completion of the excavation stating that the public way has been restored in accordance with the drawings and specifications and all other applicable technical requirements. Sec,. 49­57,. Damage to facility. A Permittee who, in connection with an excavation, damages another owner's facility shall immediately notify the Director and, to the extent that the owner's identity is reasonably determinable, the owner of the damaged facility. Sec,. 49­ 3,. As.-built drawings and specifications. Upon final completion of an excavation, the Permittee shall provide to the Director a set of as-built drawings and specifications for the excavation, which shall be in a form provided by the Rules and Regulations promulgated under Section 49-40(g) of this Code. In the event that the work was performed exactly in accordance with the drawings and specifications provided with the permit application, then the Permittee may so advise the Director in writing, and the previously supplied drawings and specifications will be regarded as the as-built drawings and specifications. Sec,. 49­59,. Reserved., SECTION 2. This Ordinance takes effect ninety days after its passage. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 23 of 25 SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. Penalties are as provided in Section 1-6 of the Code of Ordinances. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 24 of 25 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of ' 2013. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Ordinance-CH 49 Article 3 Street Cuts and Excavations Page 25 of 25 .�d•+a 1t�a1W3�04, .r G� N 0 MOM OL o o � a� a� a U µ a i u W �iIINN I � I (I,, cn � a� L w�W x h N Ln N Q ch ^l 0 U LU P • ct Jct u 1� Q �O1 •^;Q J Ct Q-J11 ���11 • ct M �, 4-1 cn ° N ct o ct ct •U F..m Ct .,__, • • c,�, c ct ro 4-J oo 41 ct a� V) v C U U v U H W V"��, a >✓ cn co /1/109 IVAII � a� R '1'x'1 o.oI u, o-n QE 0 C W^ l U C 1 I T 4—j cn • '� N O +-j +- 4-j ;� �+ v +=+ 4—j � ;� O V"��, a >✓ �l) � cn /1/109 IVAII � a� L w�W pp �' Ln cl ch 0 C U LU qN C�C , c '�1 ^Tl W C4—j �1 T �1�1 O O 4� 4� 4� 5k, d AGENDA MEMORANDUM "aPOwR,k� Future Item for the City Council Meeting of 12/10/2013 2852 Action Item for the City Council Meeting of 12/17/2013 DATE: November 26, 2013 TO: Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resources YasmineC @cctexas.com (361) 826-3315 Continuing Texas Municipal Retirement System (TMRS) Updated Service Credits for Current Participants and Increases for Prior and Current Annuities. CAPTION: Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System ""Updated Service Credits"', in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi;; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City, establishing an effective date for such actions„ and providing for severance. PURPOSE: The purpose of this ordinance is to provide "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City and to adhere to the negotiation of "Updated Service Credits" and "Increased Prior and Current Service Annuities" in the collective bargaining agreement with Corpus Christi Police Officer's Association (CCPOA), Government Accounting Standards, as interpreted by the City's external auditor, dictating that the City must record the liability as if annually repeating for the term of the contract (which ends on July 31, 2015). BACKGROUND AND FINDINGS: On July 27, 2004, for an effective date of January 1, 2005, Council adopted "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an annual basis (annually repeating, not requiring approval by Council each year). Ordinance 025865 On December 7, 2010 Council approved the contract with the Corpus Christi Police Officer's Association (CCPOA), which included provisions for "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an "Ad Hoc" basis. On December 14, 2010 Council approved Ordinance 028892 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities"for 2011. On November 15, 2011, Council approved Ordinance 029290 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities"for 2012. On December 11, 2012, Council approved Ordinance 029692 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities"for 2013. ALTERNATIVES: None. The City is restricted by the terms of the collective bargaining agreement with the CCPOA and provisions of the state statute governing TMRS. State statute extends to services performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. This is a five year contract which is effective from August 1, 2010 through July 31, 2015. OTHER CONSIDERATIONS: Given the negotiation of "Updated Service Credits" and "Increased Prior and Current Service Annuities" in the collective bargaining agreement with CCPOA, Government Accounting Standards, as interpreted by the City's external auditor, dictate that the City must record the liability as if annually repeating for the term of the contract (which ends on July 31, 2015). For calendar year 2014, the rate calculated by TMRS under the Ad Hoc provision is 10.51% however the City budgeted and was contributing 14.8% since January 2013 thru July 2013. In August 2013, the City increased its contribution to 15.46% to address the liability issue. With the adoption of these benefits, the City's full contribution rate for 2014 will be 11.00%. CONFORMITY TO CITY POLICY: Adoption of this ordinance is in accordance with the Agreement negotiated with the Corpus Christi Police Officers' Association. EMERGENCY/ NON-EMERGENCY: Non-emergency, Ordinance - Two readings (12/10/13, 12/17/13) DEPARTMENTAL CLEARANCES: None 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 Encumbered/ Expended Amount This item BALANCE Fund(s): RECOMMENDATION: Staff recommends adoption of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. Page 1 of 3 (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the System. Section 3. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1 st day of January 2014. 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 of this ordinance be given full force and effect for its purpose. Page 2 of 3 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 Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 7 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Page 3 of 3 �v ECG AGENDA MEMORANDUM OR ARSE First Reading for the City Council Meeting of December 10, 2013 xs Second Reading for the City Council Meeting of December 17, 2013 DATE: November 14, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Assistant City Manager MarkVV@cctexas.com (361) 826-3246 Michael Armstrong, Chief Information Officer M ichaelAR(d)-cctexas.com (361) 826-3740 First Reading Ordinance — Purchase of Community Development and Regulation (CDR) module of Infor Software CAPTION: Ordinance appropriating $1,648,183 from the Unreserved Fund Balance in the Development Services Fund No. 4670 for the purchase of the Infor Community Development and Regulation (CDR) module; changing the FY 2013-2014 Budget adopted by Ordinance No. 029915 to increase appropriations by $176487183; authorizing the City Manager, or designee, to execute amendment to Master Contract with Infor, Inc. for CDR module, with an initial three-year service agreement and initial one-year hosting and maintenance agreements, each with automatically annual renewal terms upon payment of annual fees, with the total amount of the fixed price agreement of $1,648,183, which includes the recurring support costs for years one and two, and additional recurring support costs of $64,820 per year for years three through five. PURPOSE: To provide and implement software in Development Services, Neighborhood Services, Wastewater, and the Health Department that is compatible with and integrated with the ERP (Enterprise Resource Planning) software currently being implemented by the City. The integration of this software will require approximately 9 months and must begin in January 2014 to avoid conflict with existing ERP implementation activities. The software currently used by the departments will be eliminated after the implementation process. Infor will provide the licenses, subscription license and services, support, and hosting services to implement the CDR Module of Infor, which will replace the City's current SunGard and ePlan systems. BACKGROUND AND FINDINGS: SunGard (formerly HTE), the existing, stand-alone software that the City is currently using to process and schedule Development Services' permitting, licensing, building inspections, and code enforcement was purchased and implemented in 2002. The purchase of the Infor CDR module will purposefully integrate software across multiple departments and will increase the ability to collaborate on solutions and foster the sharing of information, thus creating more responsive customer service. The City plans to discontinue its use of SunGard software when the ERP system is implemented, including the module used for Utility Billing. Implementing the CDR module as proposed will ease the anticipated difficulty of the utility billing conversion and will allow the concerned City Departments to benefit from improved software more quickly than would otherwise be possible. It will allow the City to avoid the expense of maintaining SunGard and developing temporary interfaces if the CDR project were delayed until after completion of the ERP project. See Financial Impact comments for cost comparison. ALTERNATIVES: Denial or alteration of the proposed purchase of the Infor CDR Module. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. Infor is listed on the State of Texas Direct Buy listing and this extends a 30% discount to all Infor products to be purchased. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Municipal Information Systems Department Development Services Department Finance & Purchasing Department FINANCIAL IMPACT: 0 Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,105,586 $542,597 $1,648,183 Encumbered / Expended Amount This item $1,105,586 $542,597 $1,648,183 BALANCE Fund: Development Services Funds Comments: Projected Costs with Change(Infor) Year1* Year2** Year Year Year 5YearTotal Use of H.T.E.in transition period $ 282,600.20 $ 282,600.20 Software $ 324,100.00 $ 324,100.00 Implementation $ 716,666.00 $ 477,777.00 $1,194,443.00 Support $ 64,820.00 $ 64,820.00 $ 64,820.00 $ 64,820.00 $ 64,820.00 $ 324,100.00 Total $1,105,586.00 $ 825,197.20 $ 64,820.00 $ 64,820.00 $ 64,820.00 $2,125,243.20 Projected Costs with No Change(H.T.E.) Year Year Year Year Year 5YearTotal Neighborhood Services $ 89,084.10 $ 89,084.10 $ 89,084.10 $ 89,084.10 $ 89,084.10 $ 445,420.52 Environmental Health Inspections $ 5,776.60 $ 5,776.60 $ 5,776.60 $ 5,776.60 $ 5,776.60 $ 28,883.00 Fire Prevention $ 8,664.90 $ 8,664.90 $ 8,664.90 $ 8,664.90 $ 8,664.90 $ 43,324.50 Development Services $ 179,074.60 $ 179,074.60 $179,074.60 $179,074.60 $179,074.60 $ 895,373.00 Total $ 282,600.20 $ 282,600.20 $282,600.20 $282,600.20 $282,600.20 $1,413,001.02 *Software cost is a one-time purchase and the Services portion is approximately 60%of the total Service cost. **Services cost for this year is approximately 40%of the total Service cost.Year 2 also includes an estimated amount to account for the concurrent use of both systems in the transition period.Excluding H.T.E.,the Year 2 costs for Inforwould be $542,597.00 Note:The 5Year total for Infor costs only(excluded concurrent use of H.T.E.)is$1,842,643.00.Using this number,the break- even point,when comparing the cost ofthe two systems,would be approximately 6.5 years. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Statement of Work Change Order Contract Addendum #1 Order Form Ordinance appropriating $1,648,183 from the Unreserved Fund Balance in the Development Services Fund No. 4670 for the purchase of the Infor Community Development and Regulation (CDR) module; changing the FY 2013-2014 Budget adopted by Ordinance No. 029915 to increase appropriations by $1,648,183; authorizing the City Manager, or designee, to execute amendment to Master Contract with Infor, Inc. for CDR module, with an initial three-year service agreement and initial one-year hosting and maintenance agreements, each with automatically annual renewal terms upon payment of annual fees, with the total amount of the fixed price agreement of $1,648,183, which includes the recurring support costs for years one and two, and additional recurring support costs of $64,820 per year for years three through five. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That $1,648,183 is appropriated from the Unreserved Fund Balance in the Development Services Fund No. 4670 for the purchase of the Infor CDR Module. Section 2. That the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 is changed to increase appropriations by $1,648,183. Section 3. That the City Manager or designee is authorized to execute amendment no. 1 to the Master Contract with Infor, Inc. to purchase software and services to implement an IPS Community Development and Regulation application for Planning, Permitting, Business License, Trade License, Code Enforcement, CDR Billing, Citizen DynamicPortal, Mobile Inspection and Selectron IVR Interface, with an initial three-year service agreement and initial one-year hosting and maintenance agreements, each with automatically annual renewal terms upon payment of annual fees, with the total amount of the fixed price agreement of $1,648,183, which includes the recurring support costs for years one and two, with additional recurring support costs of $64,820 per year for years three through five. 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 ADDENDUM I TO MASTER CONTRACT This Addendum 1 ("Addendum") modifies the (Mater Contract entered into between Infor (US), Inc. (Infor") and the City of Corpus Christi on May 15, 2013 and is effective as of . All of the capitalized terms not otherwise defined in this Addendum have the same respective meaniings as contained in the Master Contract. The, sections of the Master Contract that are not expressly modified or replaced'by this Addendum shall remain in effect pursuant to their terms. 1. The following documents are hereby added to the Master Contract as Exhibits: a. Exhibit 15. Order Form for the Hansen Component Systems dated b. Exhibit 16.Statement of Work for the implementation of the Hansen Component Systems dated c. Exhibit 17,Change Order 1 dated 2. Exhibit 1 to the Master Contract is hereby amended as follows: The following additional fees are added to the Master Contract in addition to those set forth in Exhibit 1: . ....__m.....__... Item Applicable Exhibits)for Pricing Initial Term (if Fixed Price -–-------- Terms applicable)-..-.. — Licenses Exhibit 15 Perpetual $324,100.00 ............. ........... Support Exhibit 15 1 ear Services Exhibit 16 Not applicable $1,,194,444.00 Hosting and Managed Services Exhibit 17 As et forth on $5,00/month* s( ........ftths(L set forth order Initial Annual Fee as set forth on the Change Order For In r(US), Inc. For City of Corpus Christi ----------- (Authorized Signature) (Authorized Signature) Patricia Elias ((Printed Name) (Printed Name) Associate General Counsel (Title) (Title) November 20, 2013 (Date) (Date) Irp EXHIBIT-16: STAIEMENT OF WQRK 1., Statement o�� Work This Statement ofNork ("WorkUrder or SOW") is subject to all terms and conditions of the Master Contract and Exftibit 5 to the Master Contract, the Software Services Agreement between Infor(US), Inc. ("Infor") and the City of Corpus Christi,TX ("Licensee"or"City")(collectively, the "Services, Agreement"). All terms of the Services Agreement are incorporated herein by this reference,. Capitalized terms not defined in this Work Order are defined in the Services Agreement. In the event of a conflict,the terms of this Work Order control over the terms of the Services Agreement. 2^ Project Scope |nfahs Services effort for the project described in this SOW is based on information given to Infor by the Licensee and the key assumptions detailed in this SOW.Any additional information or changes to the information provided may require,revision of the level of Services effort required to complete the activities, the payment of additional fees by Licensee and is subject to Infor's standard change order process. If the Licensee fails tosatisfy stated requisites or assumptions in this SOVV,y change in scope,time, and cost may be required and result ino change order. 2.1 Proposed Infor Application Lan!dscal2e Scope Licensee has licensed the following Component Systems frum]nf6r. Infor will implement the products hsted below toaccomplish the scope as identified in this SOW. Hansen 8-CDR Bundle • Planning • Permits • Trade License • Code Enforcement Hansen 8-CDR Billing Hansen 8-Dynamic Portal for Licensing Hansen 8-Dynamic Portal for Permits Hansen 8-Dynamic Portal for Planning Hansen 8 Dynamic Portal for Customer Service Hansen 8 Dynamic Porta�-Code Enforcement Hansen 8-Mobile CDR Server for Notebook Edit bn Hansen 8 -Mobile CDR Field User for up to 39 users |mor Statement nfWork Cc)2013 1 8nfVr Application Scope Key Assumptions: (1) For all applications listed above, each wfll be implemented with the latest generally available lnfor m third party supplier software version at the time software delivery. The Licensee intends to implement the Infor solution using industry standard best practices with no changes to,the delivered source code. (2) The scope of the implementation for the Vnfor Hansen O Solution using the Implementation Accelerator approach assumes the foHoming� a. The scope of effort for this SOW does not incorporate an interface with,the City's AvoUvePnojectOox application. b� Infer notes and understands the City's strategy and guiding, principle 1olimit conversion of the City's legacy CDR data whenever possible for the implementation project. |mfor will work diligently with the City to mtnmtegizeamd plan the project's data conversion and migration following these guidelines. c, Interface to the City's Selectron IVR is not included in scope of effort for this SOW. d. |mf$reaaummem ynfmr'a mu|utknn provider. Se]actrom, will provide infrastructure for the Hansen CDR Mobile solution. e. The inhor solution, as delivered, is configured in US currency and English |amgumQe. (3) There is a single Project Process Team, and the Business Processes and logic will be the same across the Licensee's organization, |.e,there are not multiple process teams implementing different business processes across multiple sites. This would impact the number of prototype versions and time required to define structures, as well as training time, testing time and post go live support. 1(4) Hansen 8—Mobile CDR assumptions are referenced in Appendix A. 2.2 Organizational Sco Organizational Scope Project Requisites: 1. The Organizational Scope will beconfigured to include 1 (ome)production database for any Infer application solution pmmdmct. Multiple staging databases may exist ho support project impKem»entaMon activities such as development, testing and training. 2. Software business process configuration across ailentifies will be consistent. 2.3 ,Geographic Scope TheyoNawimg Licensee Uocations are included within the scope of this Project("Geographic Scope"). The Project office will be located at: 0 Single location designated bythe City cf Corpus Christi, prior Lo project initiation 2.,4 Data Migration and Conversion Scope "Data Migration and Conversion"refers to any efforts assaciated with the analysis, cleansing, loading and reconciling of current or historical data from other systems into Infor systems,vvhatherby manual or programmatic methods. The following sections detail the activities, responsibilities, assumptions, and scope with respect to the data migration and conversion tasks included imthis Project, |nfbrSta&amentufWork @ 2013 2 Data Migration and Conversion Scope Data Migration and Conversion scope and deliverables will be mutuafly agreed upon, and Infor has included up to 1,300 hours of data migration and conversion development services for theactivities below within the Fixed Fee, Data Migration and Conversion requirements are subject to change following business process survey, design, and pnmktypingactivities. All Services for conversion activities will be provided remotely. Plan & Permit Plan and Permit Active Accounts Active Accounts i Only 2 Business Business License Active Accounts Active Accounts License On1y Code Code Enforcement and Case Management Active Active Cases and Enforcement Accounts Accounts Only Code Code Enforcement and Case Management Access Active Cases and Enforcement Database Active Accounts Accounts Only Trade License Contractors Accounts and Contacts Active Accounts Only E H.T,E Misceflaneous Notes(All free form notes.)for Plan, Active Accounts Permit, Business License,Code Enforcement H.T-E Bilfing, Payment,Adjustment History(5 years), Prior fiscal year Data Migration, and Conversion Activities The Data Migration and Conversion activities listed below for either Licensee Responsible or Infor Responsible Data Migration and Conversion Scope(as applicable)are within the scope of the Project ("Data Migration and Conversion Activities"), The Infor consultants will support the Licensee Data Migration and Conversion Activities as,defined below. Licensee and |nfor Responsible Data Migration and �Cmnvers|omScope The Data Migration and Conversion Activities below, for the Licensee Responsible Data Migration and Conversion Scope, are included in the scope of the Project. |nfor Statement of Work @ 2013 3 MENEMEM Training Llcensee lnfor Infor will train the Licensee's IT The Licensee's conversion personnel in data migration staff on the use of the Infer have the competency and requisite tools Licensee data migration tools. Training skills to be able to understand the Infer attends courses will be delivered as tools and methods. training defined in the Learning Scope section of this SOW Extract data from Licensee All activities involved in getting The Licensee has the tools and the legacy data from existing Licensee competency to execute this data applications systems into the appropriate responsibility. data cleansing tools. Conduct data linfor Cross functional workshops to Both Licensee functional and technical migration define the data migration resources participate in the workshops. workshops Licensee process and mapping participates required. Develop Infor A deliverable from the data The Licensee has suitably qualified migratlon strategy migration workshops, It personnel that have experience and and process Licensee defines how the migration and knowledge of the existing legacy description review conversion process is going to systems. be managed and which Infor personnel will provide knowledge routines will be used. and documentation of Infer data mapping structures,and conversion Data Migration Workshops are tools. completed by application:suite, such as Finance, Procurement, HR,etc. Data Migration Workshops average 1 week for each application suite. Develop data Licensee Data conversion Project plan The Licensee has been trained on the migration/ containing tasks,duration, Infer applications. conversion plan Infer provides resources,and schedule. The Licensee has validated the legacy advice and infor will validate the data data to be converted. guidance conversion plan. Perform data Licensee All data fields will be reviewed The Licensee will be advised at the cleansing and by the appropriate qualified appropriate time In the Project plan to rationalization Infer provides Licensee business owner to be able to make good decisions on the advice and ensure that the data is data cleansing requirements,. Data guidance accurate and meets the cleansing activity timiing will be based business requirements. on the Licensee's understanding of the new application. ....................... ............_...._r._. ............. Document data Licensee Data mapping documents are The Licensee's business anallysts have mapping developed to provide the required knowledge of both their requlrements Infer provides specifications for field mapping legacy systems and Infer applications advice and and translation from the legacy to perform the required mapping. guidance system(or staging)tables to the Infer tables. Design migration Licensee Technical design documents Completed and approved data mapping /conversion for the conversion routines are documents are a required input to this routines Infer provides I I created based on the data activity. advice and I mapping requirements and Changes to the data mapping guidance migration strategy. requirements or migration strategy will impact completed or in process design work. Develop data Licensee Programming and urift testing migration/ of the migration/conversion conversion routines. routines Infor provides advice and guidance ....................................... ........... Infer Statement of Work @ 2013 4 Test load sample Infer Sample tests will be done as There is a test environment for data data early as possible to help migration available with master ensure the end to end process Gonfiguration tables set up. is working. Test data within Licensee Process Owners will test the The Process Owners have been critical business critical busmess processes trained in the infer application. processes Infor provides using sample data during the advice and Acceptance test. lnfor to guidance provide sample test scenarios and test scripts to facilitate. Perform full Licensee All data wdl be migrated to The testing requ�rements and process migration ensure performance is will be determined by the test plans. systems test Infer provides measured. advice and guidance Perform live Licensee Live data migration, There is a contingency plan. migration Infer provides advice and guidance Data Migration and Conversion Key Assumptions: 1. Data Migration and Conversion intothe |mformystemnisinmsing|efonnut from the legacy system. 2� Data Conversions are limited to the requirements defined im this Statement ufWork. Any additional requirements will be seeped and estimated separately and are not included in the services estimates in this Statement ofWork. 1 3(threo)data conversion test cyo1emend 1(ome)production data conversion cycle are assumed perPmoject Stage. If mutually agreed between the Licensee and Infor, additional data conversion cycles may beadded. 4. Infer will determine the best approach for loading legacy data into the Infer system. & The designated City mesources will determine the best source for data elements, if multiple programs store the same data element and/or type ofdata. 6. The Infer system production database vxi|| on|ybapopulmtadvvithree|detahnm1heidumOfied source systems. 7. The City is responsible forany data cleansing that may be required to assure the accuracy of data within the source systems. The source systems represent the sources from which the data extraction specialists will extract and load data into the underlying Infer System database. If these sources nontain inaccurate data then these data inaccuracies will also exist in the Infer system database. 8. Unhzr will provide the City with |nfor data(flat file) layouts,and guidance to map data from the legacy system toInfer, A. The City Us responsible for all manual data entry that may be required to |oaddata from current manual systems. 18. The |nhzr standard Application Programming Interfaces(APIs)will be used to |umd data. 111, Code promotion and deployment between environments and product lines is the responsibility of the City and must be performed in a timely manner as agreed to during Project planning. Code promotion and deployment tasks between environments and product lines will be performed by City Administrators or Infer Application Managed Services as directed by the City. 12, The City is responsible for correcting errors in the data reported by the conversion routines. 13. The City im responsible for ensuring that all converted and integrated data io accurate, and will be responsible for data validation efforts associated with all testing. |nfmr Statement of Work @2O13 5 Data Migration and Conversion Project Requisites: 1. Infor data mapping and conversion applications will be used for electronic conver:sions. 2, The Licensee will manage all Data Migration and Conversion Activities. 3. The Licensee ia responsible for correcting errors im the,data reported by the conversion routines. 4� The Licensee is responsible for performing manual data entry where required. 5. The Licensee is responsible for ensuring that all converted and integrated data is accurate and is responsible for data validation efforts associated with all testing. 2.5 Development Scope, °Dev*llopmemd^" refers bo any efforts associated with building software uustomizadons' interfaces, reports, workflows, alerts, and providing other customized access to Infor application data. Development requires the involvement of skilled resources familiar with the Infor application development or business process management tools. The Implementation Accelerator(|A)approach for the Unfor Stepwise methodology is used tomanage all Development activities and deliverables. The following sections detail the activities, roles, responsibilities, assumptions, and scope with respect to the Development tasks included in this SOW. Development Assumptions: 1. Performance (*o|ume)testing of Development de|iverabl'esis the Licensee's responsibility, 2. The Licensee's Project team is responsible for the preparation of all End User related manuals, documentation, and training for all Development defiverables. Infor provides a basic End User template. The City will provide detail and content for End User related manual's which is mpeo|Oo ta the City, 3. The Licensee's Project team has technical knowledge of the existing legacy systems. Any support needled from other oompamyAemmmno|wQUbeavailaNehmthePoojectbeam |nomanmertho1wiJA not detrimentally impact the Project timeline. Development Project Requisites: 1. Infoir will have remote access to the Licensee's network and systems as necessary to support the planned Development activities. 2, The Licensee has licensed the Infor applications required to perform the Development activities. 1 Code promotion and deployment between environments is the responsibility of the Licensee's directed services orresources and must be performed ima timely manner es agreed*zduring Project planning. 4. All Development work will be performed on the Licensee's,development environment oras mutually specified and agreed with Licensee and |mfor. 5. Documentation associated with Development activities will be stored in the Project's S1epVVime database; e.g. specifications, test plans, oppnova|m, etc. mrina central document repository as mutually agreed Customizations "Custom izat!ons" refer to the personalization of delivered Infor software objects or the creation of new software objects using the |nfar application development tools. Nm customization or changes\o |nfmraoumco code are included imthe scope of this wadkorder. Interfaces ^^Nnterfacem" refer to those objects that allow data to periodically move either into ur out of the |nfor applications. Interfaces are defined by the business processes they facilitate, the points during those |nfur Statement of Work Q 2013 6 processes where data is exchanged, the frequency the data is exchanged, and the system method by which data kaexchanged. Interface Scope The Interfaces identified below are within the scope of the Project("Interface Scope"). Interface development scope and deliverables will be mutually agreed upon,and Infor has included interface development services for the activities below within the Fixed Fee. The Licensee will have access to Infor's APIs, application messages, design tools, database templates, and table layouts, subject to the scope of the licenseagreement. Interface requirements are subject tn change following business process survey,design, and pro1otypin0activities. Remote development im assumed for Interface activities. Licensee resources will!participate in development per identified project participation, Interface requirements will bovalidated. 1 Lawson Inbound/ � Central Cashiering Infor CDR Financials Outbound 2 Misc. Revenue—Permits, Business Lawson License, Housing D)MOS, mowing, etc. infor CDR Financials Outbound 3 Lawson I Community Develop Interface-- infor CDR Financials Outbound Street fee Infor CDR. file ound Employee Data/Timekeeping Infor CDR. Lawson HR ou�nd 6--Address, Contacts, Ownership GIS Infor CDR Inbound 7 Interface-Work orders to Maximo and Outbound I return status Infor CDR Maximo Inbound Interface Activities The Interface activities below, for either Licensee Responsible or Infor Responsible Interface Scope, are included In the scope of the Project(collectively the "Interface Activities"). |nfon Responsible Interface Scope The Interface Activities below, for the linfor Responsible Interface Scope, are included In the scope of the Project, lnfor Infor Training as defined in the Leaming The Licensee's IT staff has Inte rfacelinteg ration Scope section in Ns SOW. the competency and requisite tools training skills to understand the tools and methods. Project management Infor Monitor and control interface The responsible resource has development activities. experience in development Operate as the liaison between project management and the functional and technical teams. packaged software Perform quality assurance. implementation. Record and track issues and drive to resolution ln«mr Statement o/Work @2013 7 NNINEEMEM Develop functional Licensee Definition and documentation of Infor involves qualified design specification the business processes and Licensee personal that have Infor provides corresponding inputs and outputs experience and knowledge of advice and related to the interface. the Licensee business and guidance existing Licensee systems. Develop technical Infor Creation of a design specification The Licensee has approved design specification documenting how the Licensee the documented interface defined business requirements will business requirements in the be addressed with the specific functional design interface. specification. The technical design will outline Related"to be"business the interface approach,test plan, processes have been defined any specific application setup and application prototyping required, and any anticipated has been completed to the impact on the system to which point where technical Hansen will The interfaced. interface specifications can be defined. Approve specification Licensee The Licensee will review the The Licensee has understood technical design specification with and signed off on the Infor provides Infor,and agrees that the technical technical design specification. advice and design will correctly deliver the guidance specified functionality. All interface assumptions will be discussed and agreed upon. The Licensee approves by signing the technical design specification document. Develop Infor Interface objects are created A complete and accurate and/or customized according to technical design document the technical design document. has been developed. The Infor technical consult will use Hansen API's, unless otherwise specifically discussed with and approved by the Licensee. Perform unit test Infor Unit testing involves executing the Unit testing is typically unit test specification to confirm performed by the same that the functionality complies with person that develops the the interface specifications. Issues interface. are corrected by the developer. Unit testing does not consider the impact of the interface on any other business processes. Deliver Infor Deliver the system objects All programming required to applicable to the interface to the refit software objects Licensee. previously modified is the Licensee's responsibility, ................ Perform acceptance Licensee The Licensee performs testing to Acceptance testing of test confirm that the interface operates interface is performed in a Infor provides as indicated in the design test environment with advice and specification. Issues are Licensee data representative guidance documented and reported to the of production, Infor development team for correction. Infor is res sj�onsible�for Infor Statement of Work @ 2413 issue resolution, The Licensee accepts and signs the release form to move the interface into a production einvironiment once all issues are Interface Key Assumptions: 1. Interface requirements are subject to change following the Project business process survey, design, and prokotypimgactivities, u. Interfaces are limited to the requirements defined in this Statement of Work 2� Infer and Licensee will mutually agree upon the best approach for the development cf all interfaces for which dim responsible into the Infer system. 3. The designated City resources will determine the best source for data elements, if multiple interfaces store the same data element and/or type ofdata. 4. The designated City iresourcos will identify, capture and collect all business rules that must be applied;todata im the extraction,tnmnsfprmatimn, and loading process. S. The City is,responsible for any data cleansing that may ba required bo assure the accuracy of data within the source systems. The source systems represent the sources from which the data extraction specialists will extract and load data into the underlying Infer system database. If these sources contain inaccurate data then these data inaccuracies Mill a:lso exist im the Infer system database, 6� Infor will provide the City with Infer data(flat file)layouts to map data from the legacy system to Infer. 7, The Infer standard APIs will be used to load date. 8. Code promotion and deployment between environments and product lines is the responsibility of the City directed services nrresources and must be performed inotimely manner as agreed<m during Project planning, 9. The City is responsible for correcting errors in the data reported by the interface routines. 10. The City is responsible for ensuring that all integrated data is,accurate, and will be responsible for data validation efforts associated with all testing. 11. Poor data quality includes, but is not limited to, the following examples� certain symbols in alpha or numeric fields, missing data, duplicates of data fio|door sets, etc. Interface Project Requisites: 1. |mhor standard integration tools will be used for interface development. 2. All Infer interface Services cover data directly entering pr leaving the Infer database, All interface development bomon-|nfor software im excluded from scope of this SOW. 3. |nfmr will utilize global service centers and/or local resources as required for |nhzrinterface activities, Business Process and Report Management Business Process development(vvor*#ow)scope and defivereb|es will bo mutually agreed upon, and Infer has included up to 1,000 hours of Business Process development services for the activities below within the Fixed Foe. Report development scope and deliverables will be mutually agreed upon, and Infer has included up to 300 hours of off-shore report development services within the Fixed Fee, As part of Implementation Accelerator, Infer provides detailed process maps for the following CDR processes: |nforStahementof Work @ 2013 9 Planning Applications Pre-Application Process General Planning ............ .......... ............. .................... Building Projects General Building Project Building Permits General Building with Resubm,ittal/Change Order/ Process EPP or OTC (Easy Permit Process or Over the Counter with no plan) Business Licenses General Business License Temporary Business License Business License with Operators Business License with Child (Endorsement) Endorsement Trade License General Trade, Trade License Exam Process .............................. ........ ..... .................. Code Enforcement General Case with Appeal Process ................. The Business Process and Report Management(BPRM)activities below,for Licensee Responsible BPRM Scope, are included in the scope of the Project, IBM Infor business Infor Technical training as defined in the The Licensee's IT staff has the process and Learning section of this SOW. competency and requisite skills report Licensee to understand the tools and management attends training methods. tools training Infor personnel will provide knowledge and documentation of Infor data conversion templates and conversion tools including IVIS Add-ins. Project Licensee Monitor and control Project activities. The responsible resource has management Operate as the liaison between the experience in report Infor provides functional and technical teams. development project advice and Perform quality assurance. management and packaged guidance Record and track issues and drive to software implementation, resolution. Develop Licensee Definition and documentation of the The Licensee involves qualified functional design business process and reports personnel that have experience specification Infor provides management functional and knowledge of the business advice and requirements. and existing systems. guidance Infor Statement of Work @ 2013 1 10 I Elffiffim Develop technical Licensee Creation of a technical design The Licensee Process Owner design specification documenting how the has understood and signed off specification infor provides Licensee defined business on the functional design advice and requirements will be addressed with specification. guidance the Software. Related"to be"business The technical design will outline the processes have been defined data access approach,any specific and application prototyping has application setup required,output been completed to the point spe6fication,and any anticipated that business process and impact on the system. report specifications can be defined. Approve Licensee The Infer technical consultant will The Licensee IT responsible specification review the design specification with has understood and signed off Infor provides the Licensee. All BPRM design on the technical design advice and assumptions MI be discussed and specification, guidance agreed upon. The Licensee approves by sngniin,g the specification document, Develop Licensee Hansen Business Process objects A complete and accurate are created or customized according technical design specification Infor provides to the technical design document, document has been developed, advice and The Infor technical oonsuIt will guidance provide Hansen application guidance to the Licensee developers, Unit Test Licensee Unit testing involves executing the Unit testing is typically process management or report to performed by the same person Infer provides confirm that it complies wrth design that develops the report, advice and specifications. Issues are corrected guidance by the Licensee developer. Unit testing does not consider the impact on any other business processes. The Infer technical consultant will support the Licensee developers with Hansen Business Process functions subject to the hours in the Project Budget Section of this SOW. .................. ........... .................................. Deliver Licensee Deliver the system objects All programming required to Infoir provides applicable to the process refit software objects previously advice and management or report to the modified is the Licensee's guidance Licensee. responsibility. Perform Licensee The Licensee performs testing to Acceptance testing is acceptance test confirm that the process performed in a test Infer provides management or report operates as environment with Licensee data advice and indicated in the functional design representative of production. guidance specification. The Licensee is responsible for resolving issues. The Infor technical consultant will support the Licensee developers with Hansen Business Process Workflow issue resolution. Infer Statement of Work @ 2013 Infor Responsible Business Process and Report Management Scope The BPRIVI Activities below, for Infor Responsible BPRM Scope, are included in the scope of the Project. EM WEBB= Project Infer Monitor and rontrol Project activities. The responsible resource has Project Me to r c Jo management 0 e rate as the liaison between the experience in report development t 1 7 7fupnc functional and technical teams, project management and Perform quality assurance, packaged software implementation. Record and track issues and drive to resolution. Develop Licensee Definition and documentation of the The Licensee involves qualified functional business process and reports personnel that have experience design management functional requirements. and knowledge of the business specification and existing systems. ................... Develop Infer Creation of a technical design The Licensee Process Owner technical specification documenting how the has understood and signed off on design Licensee defined business the functional design specification requirements will be addressed with specification. the Software. Related"to be"business The technical design will outline the processes have been defined data access approach,any specific and application prototyping has application setup required,output been completed to the point that specificafion, and any anticipated business process and report impact on the system, specifications can be defined', The Infor technical consultant will provide Hansen Business Process workflow software guidance to the Licensee,developer. Approve Licensee The Licensee Process Owner will The Licensee IT responsible has specification review the design specification with the understood and signed off on the Licensee IT responsible and Infor.All technical design specification. BPRM design assumptions will be discussed and agreed upon, The Licensee approves by signing the specification document. ............—------ Develop Infer BPRM system objects are created or A complete and accurate customized according to the technical technical design specification design specification document document has been developed and approved. Unit Test Infer Unit testing involves executing the Unit testing is typically performed process management or report to by the same person who confirm that it complies with design develops the report, specifications. Issues are corrected by the Infor developer, Unit testing does not consider the impact on any other business processes, Deliver Infer Deliver the system objects applicable Unit testing is documented and to the process management or report has been successfully to the Licensee. completed. Perform Licensee I The Licensee performs testing to Acceptance testing is performed ............ ........................... L .......................-...........— Infor Statement of Work Oc 2013 12 acceptance test confirm that the process management in a test environment with or report operates as indicated in the Licensee data that is design functional specification. representative of production data. Infer is responsible for resolving issues I within the developed code, Business Process and Report Management Requisites: 1. The Licensee and Infor will utilize standard lnfor applications licensed by Licensee to develop BPRM deliverables. There will be no changes to delivered and installed lnfor business logic or source code. 2.6 § ►stem Ad'miinistration Scoge System Administration Scope "System Administration" refers to the administration and maintenance of the Infor technical environment. Activities include but are not limited to: product line management, user administration, and operations support (collectively the"System Administration Activities':'), System, Administration Activities, The Licensee has requested that Infor provide remote System Administration support(i.e., Infor system administration,)to the Licensee project team for the duration of the Project. Remote support is related to the system administration activities of the Infor environment as listed in the System Administration Activities table below. Infer(PM, TPM or System Consultant)and the Licensee Project Managers will coordinate any changes that will affect the environment or application. The following System Administration Activities are included in scope of this Project. INNEEM MININEM MENOMINEE= User enrollment Licensee Define and administer all lnfor has provided Security user accounts. Administration training as defined Infer provides in the Learning Scope section of advice and this SOW. guidance Menu creation I Licensee Customization of menus Infor has provided System maintenance and for specific usersluser Administration training as defined assignment to user Infer provides groups and roles. in the Learning Scope section of profiles, advice and this SOW, guidance Schedule jobs Licensee The scheduling of batch Infer has provided System Infer provides jobs to run during non- Administration training as defined advice and peak hours. in the Learning Scope section of guidance this SOW. ........................... System Administration Assumptions 1. The Licensee is responsible for provldiing helpdesk services to their end-users, 2. The Licensee's environment is assumed to have 4 instances of the Infer application solution. Responsibilities: Infer Statement of Work @ 2013 13 |nhmramidi the Licensee will bm responsible for the following activities re,la%edto,System Technology: Uofor, 1. Provide advice and guidance to the Licensee for the development of the StopWise deliverables related to the Licensee's IT system administration of the Infor application, Licensee: VViUU dlirect services or resources for: 1. System Administration related to user security and administration and help,desk. 21 Project Learning Scope Learning Scope The Learning Scope below lists training for the project team and end users(as applicable)that is, included im scope of this Project. Project Team Training The foUmwing project team training ie included in scope mf this Project. Upto14 Licensee attendees may attend these on-premise training aoosiona� Hansen 8 CDR Suite Application Overview o 5 days inclusive of1 day mfplanning ol 1 Application Overview session provided ^ An overview of the Infor Hansen 8,CDR application tailored to expose the core team to the look and feel as well'as the functionality of the Infor Hansen 8 CDR Application modules. Advanced Configuration Training * 5dmym � 1 Advanced Configuration Training � Train Licensee's application team om how to,utilize the Hansen 8 CDR Application, configuration tools, content management,workflow development and overall maintenance and system administration of the appficadon, |nfor Statement of Work @2n13 14 Data Conversion Trgin!M w 5dmys inclusive ofI day ofplanning � 1 Data Conversion Workshop and Training ° Train Licensee,on data conversion process and tools. Identify all data sources and develop strategy and approach for the Licensee's data conversion requirements. End User Train the Trainer with Licensee Trainer � 2 days c#strategy and training plan development for end user training ° 5 days of planning, development of training materials during initial implementation i�, 1 End User Training Train the Trainer session Learning Project Requisites: z� Project hmom and end user training are based on the approach, neapomeibUdies and scope as defined in the Learning Scope section of this SOW. 2 inhormdU train the Licensee Project team um how to oueou&e business pmoomomeo as defined in the Business Pnmoemn Scope msobon of this SOVV, This training helps e|;uvv the Licensee Project team to effectively participate in the prutotyping process, Training on |mfmr'a application solution configuration tools is included for the Licensee Project Team. 3, All project team training is limited toa maximum of fourteen (14)Licensee participants. 4� Licensee site training, where applicable, will take place mt Licensee |moebam identified in Gednom 3.1 5. For Liuemaoo site 1nmimimg' the Licensee will provide, training accommodations and facilities including at least one computer for every two participants; a computer for the instructor; Infor User Interface loaded on each workstation with access tothe infur Remote Application Server or have downloaded training data onto each workstation; printer a000me from each workstation; wWhs board with markers; flip-chart with markers; and oonmputorproj�ectm,. Learning Project Assumptions: 1. |ofmrto provide Licensee with training agenda, including anticipated participants, at least 2 weeks im advance mf training. 2. All Learning Workshops and private Labs are held on-premise at Licensee location. User Adoption Scope "User Adoption" refers tomn approach and activities designed to enable users to gain the skills necessary to adopt the new technology into their job processes. Lawson Learning Accelerator is used |nfor Statement of Work��2013 1* to capture and maintain the learning content that is designed during the course of the project. Activities may include but are not limited to-. planning for user adoption, creating user training material, delivery of user training material, assessment of user adoption and overall user adoption program management. User Adoption Activities The User Adoption activities identified below are within the scope of the Project(collectively the "User Adoption Activities"), The Licensee has elected to assume full responsibility for all user adoption activities. Create User Licensee Perform an analysis of user education The Licensee will complete Adoption needs and objectives to determine an the user adoption planning Plan effective learning strategy for the in-scope worksheets, Infor;Advice Infor applications, The analysis includes a The Licensee will arrange and Guidance review of existing training plans, meetings during the site visit classification of users, identification of with key stakeholders. geographic disbursement and timeline for training; and meetings with project stakeholders and training team members in order to produce the recommended end user training strategy and approach. ...................................................._._ ............ .....................................— Define Licensee The Learning Solution Standards and User Adoption Plain complete, Learning Prototypes document describes the format Learning Accelerator Training Solution and structure of the Licensee's End User Course complete. Standards Infor:Advice learning solution including; and and Guidance 0 the layout and structure of each type of Prototypes learning content designed for classroom delivery 0 the layout and structure of each type of learning content designed for el-earning delivery StepWise contains a guideline on how to create this document. Build Key Licensee Key User Network formation includes: User Adoption Plan complete. User Network 0 communicating to Licensee department managers about the role using the Key I User Network brochure linfor:Advice * defirring the selection criteria and Guidance 0 notifying selected participants * conducting Key User Network Workshops Design and Licensee The Licensee's user adoption developers User Adoption Plan complete. Develop User will create course materials,grouped by Learning Acceiierator Training Training Infor Advice role,which include: Course complete, Content and Guidance introductory information Learning Solutions Standards conceptual information and Prototypes document passive and interactive approved by Licensee. simulations Licensee subject matter printable job instructions experts from the project team o content specific to the Licensee's will: deployment of Infor provide initial • quizzes for certain courses as Infor Statement of Work @ 2013 16 identified in the User Adoption Plan instructions for The Licensee is responsible for the creation each task requiring of all user training content, a training lesson 1 'g 0 provide configured 7 data in a test or training database that can be used for screen capture 0 capture raw simulations • provide contextual and process flow information 0 participate in the review of training materials Prepare Licensee The Licensee will conduct internal training User Training Content is Licensee of Licensee subject matter experts to deliver developed. Trainers to classroom training to end-users. Lead End User Training Conduct Licensee The Licensee will deliver instructor led System Test complete, Solution training to the Licensee's end users, utilizing User Training Content Training for the material built in the Design and developed. End Users— Development User Training Content Instructor Led deliverable. Training Delivery Deploy Licensee The Licensee will deploy the user training System Test complete. eLearning content through the Learning Accelerator User Training Content Solution Manager or an alternative Learning developed. Training for linfor: Advice Management System.With the User Users and Guidance Adoption Plan as the guide,appropriate training courses and quizzes will be assigned to each end user based on his or her role in the organization, Measure Licensee Measuring user adoption is accomplished User Training Content User utilizing a User Adoption Assessment which developed. Adoption Infor: Advice is a role-based evaluation that measures and Guidance user knowledge, confidence,and adoption to new work flows using metrics defined in the user adoption plan. The Licensee will define the tools used to perform the assessments,including surveys,quizzes,observations and interviews, and to identify the best practices for colilection and evaluation of results. The Licensee gathers the data and analyses the results. Info,r Statement,of Work 2013 17 User Adoption Assumptions 1- Courses will describe the steps required to use the Hansen application to complete each business process. Any manual processing steps reqwiredby the Licensee will not be documented in the courses. The Licensee may choose to add this information themise,lves. 2� Courses will be published for deployment through the Lawson Learning Accelerator Manager oram alternative Learning Management System. Job instructions will be published inpri�mt- rmudy0ormat User Adoption Project Requisites 1� All user training courses will be held at Licensee facilities, with Licensee responsible for setup of training environment, facilitation of logistics, network requirements and scheduling of rooms and resources. User Adop�t^on Scope User Adoption Assumptions Review for General Assumptions 1� Courses will describe the steps required to use the Hansen application to complete each business process. Any manual processing steps required by the Licensee will not be documented im the courses. The Licensee may choose to add this information themselves. Infer can also provide assistance in this area. Z Course design will begin,after the workflow and configuration for each business process is finalized. Changes in the system configuration after course development begins will increase development time and may require a change order tmaccommodate. 3. All courses will be developed as specified im the mtorybmard, The Licensee will designate o responsible and knowledgeable person to sign-off on the sto,ryboard design of each course. Changes tn the course that occur after atoryboord sign-off will increase development time and may require m change order&oaccommodate. 4. Courses will be published for deployment through the Lawson Learning Accelerator Manager oron alternative Learning Management System. Job instructions will be published in print- ready fommaC Printing costs are not included in the proposal cost, S. Infer will build the foundation of the Key User Network, but the Licensee is responsible for execution ofthe program. 6� The Soft Skills Training Workshop will be conducted using a standard agenda and courseware. 7. Following Train the Trainer workshops, the Licensee paM]oipermsema then responsible for practicing skills learned and for delivering some oir all of the end user training as defined in the User Adoption Plan, User Adoption Project Requisites 1. The Licensee has licensed Learning Accelerator and! has participated in the Lawson Learning Accelerator training. 2. Infer will begranted appropriate access&o the system,tobe able 0»assist with end user training content development and delivery 3. All user training courses will be held at Licensee facilities, with Licensee responsible for setup of training environment,facilitation of logistics, network requirements and scheduling of rooms and resources. 2.8 Go Live Services Scope "Go Live Services"are all the Infer Services required to support the Licensee Go Live and post Go Live for the period of time and applicable application suite(s)described hmthe table below. "Go Live"ia defined os the first time mn Infer module in the |mfor Application Scope section cfthis SOW is |nfo/Statement of Work�92O13 18 available\o process m Licensee trmnmmction for live production purposes, Gn Live Services mdU| terminate under this SOW based on the earlier expiration ofa)the table below for the Project Stage, orb)45 cmlamdar days after the first E}o Live day for the Project Stage. NNIMM Stage 1 Go live support is budgeted for the Infer Infor resources are Hansen 8 CDR first two(2)weeks of live operation assigned by the Infer and the first Finance period close. Project Manaiger. Support may be provided either on- site or remotely as mutually agreed at the discretion of the Licensee and Infer Project Managers, Infer resource(s) on- site the 1"week of go Additional G�oLive Services Requisites: 1, If the Licensee is not ready to Go Live upon completion of the Services described in this SOW, additional'Services and training may be required (^AdditiomalVVork~). Any Additional!Work will be managed by\nfo�s,standard change order process. 2. Licensee will conduct the first month end close during the first week of the month immediately following the Go Live date, 3. The Infer Project Manager will work together with the Licensee Project Manager to develop ajoint post Go Live support resource plan, 4. Licensee Process Owners and Key Users will provide first line support to Licensee End Users, 5. Infer consultants will support the Licensee Process Owners and Key Users with resolution of process questions and provide Infer application assistance where required subject tm the GmLive consulting hours above. 3. Implementation Strategy The estimated effort for the activities described inVhiim SOW io based mm the implementation strategy described in this Section. |mforpropaees an estimated project schedule for CDR as a15 month timeline. Infer assumes an estimated project start date onor about December 1, 2813. This date isnegotiable based upon finalization of contracts, City and Infer resource availability, etc, The Parties,both acknowledge that there is another on-going project that may affect timelines and Licensee resource availability. The preliminary timel'ine is estimated based on the assumed availability and commitment of City resources for the project and support aligning the go-live date for the Finance and Procurement project with the City's fiscal calendar. The Project start date will be mutually agreed upon by the Licensee and Infer. Together thie Infor and Licensee Project Managers will develop a mutually defined Project plain to be shared with the Project team during the Project kick-off event. |infor Statement of Work Cc)2D13 19 20134Jan--Dec) 2014(Jan-Deco Jan June) ELIMMINEMEAMMMUMM Implementation Strategy Requisites: 1. Licensee will ensure that all business process requirements are included in the Find Beta Prototype. The Final Beta Prototype is refined to complete the Li'censee's configuration, including all processes as listed in the Business Process Scope section of this SOW. (During the Project's (Establish phase Infor will configure the Infor applications to support the business processes listed in the Business Process Scope section of this SOW. 2. Licensee is responsible for deployment of the Infor applications to all Licensee locations that are not identified as being within the scope of the Project in this SOW.. The proposed CDR implementation estimates a fifteen (15) month sequentially phased implementation inclusive of post live support with all products expected to be deployed by the end of month twelve(12). Within the fifteen (15) month timeline, Infor is assuming several factors, including cooperative teamwork between City executive management, business owners, users and IT, in addition to a major focus on City ownership of data cleansing/conversion, training, organizational change management and testing. These tasks, activities and cooperation must be in place to help reduce risk, ensure a collaborative Project environment and achieve a successful implementation. 4. Project Implementation Methodology The Licensee and Infor mutuallly agree to utilize the Infor Implementation Accelerator approach for StepWise implementation methodology to manage the Project. 4.11 Implementation Accelerator Approach for Stepwise Methodoloay Activities The Infor Implementation Accelerator Approach for 'StepWise methodology will be used throughout this Project. An overview of the Implementation Accelerator approach and StepWise methodology is presented below. Infor Statement of Work @ 2013 20 tnfor StepWise Methodology tr DEFINE�j(� III gg ff{ 4�� / II f) II��W, d p� W r D�IIYY �c I%„l'IE i i U����„��,. �4, a;,,,Ji (1{li V,:`�li.,.W S 1-1 �,.,s'�W,E C CMJ f,. .. DI f �y ° I o�e hrar rua¢ apg^a�Tn .I �M j ct FU C wce 5e� &S ru,,:,,,,r . ....... .l t�MtLUf� / Define sak�fih Support People. .. Change.... h in 9e_ Ch�ira I' rtiwlurvri Teo t I Establish Support ET IT Environment IT Environment-IF The methodology is divided into three phases(Define, Establish and Execute). Each of these phases is briefly described below. efine Phase The objective of the Define phase is to describe the solution to be implemented and delineate what the project will contain. The define phase is part of the sales process and its main objectives are to provide consensus on what the solution will offer and haw the project will be performed. Establish Phase The objective of the Establish phase is to deliver a solution that has been tested by the Licensee. The solution includes interfaces to internal and external systems, documents, reports, and Licensee enhancements(if any). During this phase the project team builds and refines the solution using a structured, iterative process. Project members are oriented and trained to use the software to help ensure the successful completion of the project. IT activities include installation of hardware and software as well as providing training and support for Licensee IT staff. Execute Phase The objective of the Execute phase is to prepare the solution and the Licensee for a successful go live. During this phase,training for end users is provided. The project is considered officially closed when Infer has fulfilled its contractual obligations as defined in this statement of work. At the conclusion of the project, the Infer Project Manager will transition the Licensee to lnfor's support organization to ensure consistency and continuous improvement of the implemented solution, Project Database Infdr will establish a project database for project issues and all project documentation, such that it is readily accessible by the project team, This (Lotus Notes database will be hosted by Infer.Access to this database for City users will be via an internet browser. The database will be used to: • Enter and track issues • Manage,deliverables infor Statement of Work @ 2013 21 Stores StepWise methods and tools Facilitate team collaboration The project database is used for storing project templates, completed Project Status reports and other project documentation for reference. Implementation Methodology Requisites: 1. Project transparency and communication channels will help support the success of this Project. Infor assumes a schedule of management meetings with 1)the Licensee Project Steering Committee every month and 2)the Project's management team at least once every week. 5. Estimated Project Schedule Infor will develop a detailed Project Plan that details both Infor and Licensee's responsibilities at the start of the Hansen CDR Project. The Project Plan for Hansen CDR should be in sufficient detail to specify the conversion, training, testing, acceptance, and live operation activities, Both Infor and Licensee will agree upon a mutually agreeable Project Plan for Hansen CDR that will be submitted and approved by Licensee within thirty(30) days of the Effective Date of the Project Stage initiation. The Project Stage Project Plan will also include the criteria by which the software will be tested) and accepted by Licensee, Estimated Project Schedule Additional Assumptions; 1. The estimaited schedule assumes timely advice, decisions and execution by both Parties. Both Parties will make Project decisions within five(5)business days of an issue being raised to that Party. Delays by either Party can impact the Project schedule and may result in a change order. 2. Both Parties will mutually define the project change control process, approvals and associated documents in conjunction with initial project planning. 3. In order to help meet the scheduled dates for the Project, Infor and Licensee personnel may be required to perform work outside of normal business hours. Estimated Project Schedule Requisites: 1. The Project start date is dependent on linfor's and the Licensee's resource availability and a mutually agreed upon start date. 2, The Licensee has assigned a full time Project Manager who will work with the Infor Project Manager to complete Project planning at the start of the Project., 6. Project Deliverables The Project deliverables,listed below ("Deliverables") are included in the scope of the Project. The Party designated in the"Primary Responsible Party" column has responsibility for all elements of the "Project Deliverable (Definition", except for any element which is explicitly designated in the Project Deliverable Definition column as being the responsibility of the other Party. Any Infor effort requested by the Licensee to complete the Licensee's Deliverable(s)(i.e. Licensee is designated as the"Primary Responsible Party" in the column below for the Deliverable(s)) will be managed by infor's change order process and will be in addition to the fixed fee. The Deliverable Acceptance Criteria indicates which specific Deliverable Acceptance Criteria will be used during deliverable acceptance. The list of Deliverable Acceptance Criteria is in the Project Budget section of this SOW. Deliverable Acceptance Criteria is only applicable to deliverables where Infor is the Primary Responsible Party. Infor Statement of Work @ 20113 22 StepWi!se Establish Phase Project Project Schedule Estimated Infor Project Status Infer Project Project Schedule management will Project Report Schedule Initiation be performed on a schedule in level that is this SOW appropriate for monitoring of discrete activity status and percent completion.The Project Schedule will contain afl activities that are required for the Project completion. Any task monitoring tools that are utilized by Infer or by the Licensee(in addition to the Project Schedule), will have their task start and end dates matched with the Project Schedule and will be statused in conjunction with the appropriate activity in the Project Schedule. Assignment of Infor and Licensee Project team members wifl be at the lowest level of activity definition. Reasonable work estimates will be at the lowest level of activity definition. Project activity relationships (predecessors successors)will be defined. Training for Infor technical Infor Infor Learning Plain Infor Team Project Team training is delivered Environments TrainingNVork Learning Members- to the Licensee's Established shop Technical Project team as Deliverables, defined in the Learning Scope section of this SOW Initial Project infor application Project Infoir Learning Plan Infer Team Team training is delivered Schedule Training/Work Learning Training- to the Licensee's shop Functional Project team as Deliverables i defined in the Infor Statement of Work @ 2013 23 Learning Scope section of this sow. Initial Beta The installed linfor I:nfor Infor Prototype and Infor Initial Beta Prototype database is Environments Test Plan Configuration Prototype updated with Established Deliverables Licensee data to establish the first Licensee configuration ("Prototype") according to the scope in the Business Process Scope section of this SOW. The Prototype and Test Plan is prepared to specify the initial Licensee testing scope. Initial Beta Infer will train the Project Licensee Prototype and N/A Initial Beta Prototype Licensee's Project Schedule Test Plan Prototype Test Cases team once on how to write test cases. Define and identify Licensee data and test cases required to test the Hansen Initial Beta Prototype. Infor Consultants validate the completeness of the Licensee test cases. Run the test cases and record the test results, Initial Job Infor provides Solution Licensee Prototype and N/A Initial Beta Instructions published Hansen Training for Test Plan Prototype job instructions and Project Team ,user guides. Members— Initial end user Functional guides describing how to operate the Licensee business processes are tailored by the Licensee Process Owners and Key Users throughout the different Prototype versions. Beta The Prototype is Solution Infor Prototype and Hansen Final Beta Prototype refined to complete Training for Test Plan Configuration Prototype version the Licensee's Project Team Deliverables confi oration, Members— Infor Statement of Work @ 2013 24 including all Functional processes as listed in the Business Process Scope section of this Sow The Prototype and Test Plan is updated to reflect the:status of the Hansen Prototype, Beta Define and identify Initial Beta Licensee Prototype and N/A Final Beta Prototype additional Licensee Prototype Test Plan Prototype Test Cases data and test cases Test Cases version required to test the Hansen Beta Prototype version Infor consultants validate the completeness of the additional Licensee test cases. Run the additional test cases and record the test results. Final Beta The Final Beta Beta Licensee Prototype and Infer Final Beta Prototype Prototype version is Prototype Test Plan Configuration Prototype refined to complete version Deliverables the Licensee's Solution Prototype. Training for The Prototype and Project Team Test Plan is Members— updated to reflect FunctionaB the status of the Hansen Prototype. Final Beta Define and identify Beta Licensee Prototype and N/A Final Beta Prototype additional Licensee Prototype Test Plan: Prototype Test Cases data and test cases Test Cases required to test the version Hansen Final Beta Prototype. Infor Consultants validate the completeness of the additional Licensee test cases. Run the additional test cases and record the test results. Approved Infor leads the Final Beta Licensee Prototype NIA Acceptance Solution planning for Prototype Plan and Test Test Acceptance Test Final Beta Infor Statement of Work @ 2013 25 Acceptance Test Prototype performed Test Cases according to the scope defined in the Prototype and Test Plan. Approves the Prototype accordiing to the scope defined in the Prototype and Test Plan. Test cases are completed to record results of testing. Infer will correct identified application configuration issues. Project Infor's Project Project Her Project Status jnfor Written Inclusive in Monitor and status report is Schedule Report Deliverables all Control regularly updated Milestones and distributed. The Project Schedule is regularly updated and distributed. The status of Project consumption of hours of service for Business Process and Report Development. Inter issues are managed. The Project risk regiister is updated to reflect responses to risk monitoring and control. Updates include: a. results of risk asseS$Me nts and reviews b. results of corrective action taken to co ntro I risks Steering Meetings are held Project Licensee steering N/A Indusive m Committee to review Schedule Committee all ............... .................................... .........-.......... Infer Statement of Work @ 2013 26 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillilillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillilill§NMIIEM Meetings deliverable Meeting milestones approval, consider Minutes change requests and monitor Project progress, Written Project status report is presented to the Steering Committee. Infor's Project Manager will provide written status input to the Licensee's Project Manager for inclusion in the written Steering Committee status report. Infor presents the Project quality assurance review report to the Steering Committee prior to closing each phase. Steering Committee makes the decision to move forward to Execute phase, Minutes are prepared that document the decisions made during the meeting. Project Risk The Project Risk Project Infor Project Risk Infor Written Inclusive in Register Register is created Schedule Man DOverables all in the Establish Milestones phase. The Licensee will report risks to the Infer Project Manager for tracking. St,epWise, Execute Phase 7777777777 — "W 0/m W" w............. '0 0/ O F f /W "RAMT//W /7.......... M A/l/a L ......... /iii iii i VE"', System Test The Licensee leads Approved Licensee System Test N/A System the planning for Solution Plan Test System Test. I I I I Infor Statement of Work @ 2013 27 O /IF111, '; The test is to secure the system performance before the End Users start using the system. The test is performed by the Process Owners and Key Users in a controlled IT environment with all migrated! converted data, Performance specific test cases are defined and used to support the test. Results are recorded in the systems test cases. Infer will provide Infor Software guidance for the Licensee's system tuning activities, subject to the hours budgeted for System Technology Services in the Project Budget section of this Soar. Infer will provide Infer application guidance to the Licensee Process Owners and Key Users,subject to the hours budgeted for Implementation Approach of Implementation Services in the Project Budget section of this sow, Finalized Job End User guides Approved Licensee Learning Plain N/A Production Instructions describing how to Solution Readiness operate the Initial Job Licensee's Instructions processes are finalized and distributed to the End Users. Solution Training to prepare System Test Licensee Learning Plan N/A Production Training for the End Users in Finalized Job Readiness End Users how to manage Instructions their respective Infor Statement of Work @ 2013 28 441 Milo Wit .. ;,-,,,a„,,,�,,,;,,;,� ,� ,✓//�,,iii%,,F,/��„,,,///,�>�„,,,;,,; ,,,;,,,,,%,,, ,,,,, �/� � � � �� '� � /� functions in the Hansen system. Full Scale The test is Solution Licensee Full Scale N/A Full Scale Test performed in an Training for Test Plan Test operational IT End Users environment using a full operational database. This test is performed by each End User at their normal workplace in order to make the test as close to normal day-to-day operations as possible. Finalized job instructions are used to support the to st. The focus is on evaluating the Licensee End User's ability to run the system. After the Full-Scale Test, a formal go/no-go decision is made regarding the Co Live. Infor will provide Infor application guidance to the Licensee Process Owners and Key Users,subject to the hours budgeted for Implementation Approach Implementation Services in the Project Budget section of this sow. Infor IT Complete all open Approved Licensee Readiness N/A Production Environment technical activities Solution Assessment Readiness Ready for related to the IT Checklist Start-up environment before starting up the Infor Products. Complete the technical section of the Readiness Assessment Checklist. Approve that the Infor environments are ready to go into Infor Statement of Work t 2013 29 iv% '� 7f➢J�.. production. Prepare and Infor prepares Full Scale Test Licensee Prepare and N/A Production Go Live readiness Plan Go Live Readiness assessment report Checklist for review by the Licensee. Infor will provide cut over planning guidance.. The cut over tasks for Go Live are defined in the cut over plan and communicated clearly to the Licensee's organization. All cut over tasks in the Cut Over Plan are completed. Go Live End User support is Prepare and Infor Prepare and Infor"Written Post Go- Support provided by the Go Live Plan Go Live Deliverables Live Licensee's Project Checklist Support team ("First Level Support"). Infor provides application support to the Licensee's Project team ("Second Level Support")as defined in the Go Live Services Scope section of this SOW. All Infor Software issues are managed by Infor. Project Infor's Project Project Infor Project Status Infor Written Inclusive Monitor and status report is Schedule Report Deliverables in all Control regularly updated Milestones and distributed. The Project Schedule is regularly updated and distributed. Hansen issues are managed. The Project Risk Register is updated to reflect responses to risk monitoring and control. Updates include: a. Results of risk assessme Infor Statement of"Work @ 2013 30 ' ri , atiotae Fraetgttl pfre� �r /,r MIIra i � r � Itff teff�rIN iNr pOO , nts and reviews. b. Results of corrective action taken to control risks. Project Project evaluation Prepare and Infor Project Infor Written Inclusive Closing report is competed Go(Live Closing Deliverables in all and reviewed with Meeting Milestones Licensee. Minutes The Project is formally closed and handed over to the Infor Xtreme Support organization. Project Deliverables Requisites: 1. Implementation Accelerator templates will be utilized for the Project Deliverables defined above in this Section. 2. Prerequisite Deliverables must be completed before work can begin on the applicable Project Deliverable. 3. Final Project Deliverables where Infor is Primary Responsible Party will be reviewed and approved by the Licensee within five(5)working days of publication. 4. Where Infor is the Primary Responsible Party, Licensee will provide Infor with guidance and assistance upon reasonable request by Infor 6.1 Acceptance Acceptance Procedures For purposes of acceptance of each Stage of the Project(or portions thereof), the parties intend to use the following acceptance procedure.All timeframes specified in the following procedures may be overridden by the Project.Schedule. A.Written Deliverable: Infor may submit interim drafts(stamped, noted or otherwise clearly marked "(Draft"), of a written deliverable to Licensee for review. Licensee agrees to review and provide comments to Vendor on each interim draft within five(5)Business Days after receiving it from Infor. Licensee will have the opportunity to review the written deliverable for an acceptance period of five(5) Business Days after delivery of the final version (stamped, noted or otherwise cl'earl'y marked"Final Draft"of the written deliverable (the"Acceptance Period"). Licensee agrees to notify Infor in writing by then end of the Acceptance Period either stating that the written deliverable is accepted in the form delivered by Infor or describing in reasonable detail any substantive deficiencies from the applicable Deliverable Acceptance Criteria set forth in the Project Budget section below that must be corrected prior to acceptance of the written deliverable. If Infor does not receive any such deficiency notice from Licensee by the end of the Acceptance Period„the written deliverable will be deemed to be accepted and an approved document marked "Approved"and dated will be provided to Licensee. If(Licensee delivers to Infor a timely notice of deficiencies and the items specified in the notice are deficiencies, Infor Statement of Work @ 2013 31 Unfor wifl promptly correct the described deficiencies and return to Licensee for Acceptance. Licensee will not unreasonably withhold, delay or condition its approval of a finial written deliverable. Licensee and Infor agree review and acceptance dates may be extended with mutual agreement of both parties. Infer im responsible for tracking status cf each deliverable including but not limited im the,date inwhich it was submitted tm the Licensee and date returned. B. SoftwameDe|ivenabke: /\''Soft*anaDe|ivenab|e~ meansoDeNverab|ethatimde|iwavedtmLimemsee under this SOW as a result of a development activity and associated hours of effort set forth in Section 3.6 Development Scope, heading: Interfaces, Business Process and Report Management above, Acceptance testing is an iterative process designed to determine whether the Software Deliverable performs the functions described im its approved Specifications and to discover and remove material'defect�s through repeated testing cycles. Infer will work with Licensee and make good faith effartk»develop m test plan with the requisite details, understanding the leveil of detail required may change depending on the complexity of the requested software deliverable and to test each software deliverable (the "Acceptance Tests"or "Acceptance Testing"). 1. The"Acceptance Test Period"for each Software Deliverable will be thirty(30) Business Days unless an alternate timmm is,mutually agreed upon between |nfmr and licensee. The Acceptance Test Period for each Software Deliverable will start within five(5) Business Days, unless an aiternate start date is mutually agreed upoin by Infor and Licensee, after the Software Deliverable is made available to Licensee for testing, and Inifor has notified Licensee of such availability. |mfbr will not be obligated to deliver a Software Deliverable to licensee,untfl Licensee demonstrates the readiness of the target technical platform and environment. 2. |f Licensee determines during the Acceptance Test Period that the Software Deliverable contains m material defect, Licensee xviU| promptly send |nfor a written notice reporting the,alleged material defect describing it to |nfor in mmNioiontdetmiU reasonably necessary for |nfurto recreate it |flnfmr imabyetu replicate the akiaged defect, which ioe material defect from the Specifications, then |nfor will nmodify the Software Deliverable to remove the reported material defect and will provide the modifications to Licensee for retesting. Umsmmea will then re-test the modified portions of the Software Deliverable promptly after receiving the modifications from Infor. In such a case, Knfor and Licensee will mutually agree upon om updated Acceptance Test Period. 2. By the end ofthe Acceptance Testing Period, Licensee will provide linfor with a final wri:ten list reporting any outstanding material defects (the"'Punch List"�. Licensee,will have ten (10)Business Days after the receipt of the modifications to re-test the modified Software Deliverable to confirm that the material defects that were reported on the Punch Ust have been removed. If any material defects that were reported om the Punch List have not been removed. Licensee will provide, |nfor with written notification by the end of the retesting period reporting any such material defects. In such event, the procedures set forth in this Section 6.13 will be repeated for the remaining material defects on the Punch List. A reported defect will not be,considered a ^mateniaCdefect~ for acceptance testing purposes if Infer is unabUe to replicate such defect, using Infor's commercially reasonable efforts. 3. Infer and Licensee each agrees,to work diligently to achieve acceptance of Software Deliverable at the earliest possible date. E. "Final Acceptance" involves use of the component systems within the SOW in totality in production operations for a period of sixty(60)calendar days, starting with Go-Live. If after sixty(�0)calendar days the s6lution performs without any Priority 1 Defects, the Licensee and I infor will both issue and execute m "Final Acceptance" A Priority Defect shall occur when Licensee's production system, database or component system is inoperable, a major application failure has occurred, and business processes are hWted, There is no workaround available . The 60-day fime frame for Final Acceptance will stop ifPriority 1 Defects are found during production use and prevent further production use of the Products, The Final Acceptance process wifl resume on the date the Priority 1 Defect |s confirmed on fixed and will continue for the remainder mf the 00-doV time frame, |nfor will promptly address any other material defects reported ta|nforduring 60'day time frame, but those defects will not stop the $O day time frame. �nfoir Statement of Work�(D 2013 32 Project Organization Requisites: Review and move to geMeyaNassumipti$nns 1. Licensee will assign resources mz the Project in accordance with roles mutually defined during �r�ect initiation. The positions, considered the "Licensee Core Team", include technical resources from the Licensee's Information Technology organization, and functional resources from the appropriate Licensee business organizations. 2. Licensee, resources assigned tothmProjecfw/8| bethorough|ykmmw|edQeab|eabmuttheournemt business practices in their respective areas and capable of performing their appropriate Project roles as mutually defined during Project initiation. 3. Resources will be assigned to the Project in accordance with the requirements outlined above. Any anticipated changes to the Project Organization must be communicated\o the Steering Committee within five(5)working days. The Steering Committee will'evaluate the impact ofany core team replacement Pn the Project's schedule and cost, 4. Any support from other Licensee personnel and resources, or personnel and resources from third parties retained by the Licensee, will be available to the Project team am needed according tnthe Project Schedule(infrastructure, ne&vmrk, desktop support, web-based programming)when required and will not detrimentally impact the Project timeline. 7.0 Project ����d��et 71 Fees for the Fixed Fee Services , Infor agrees to provide Licensee the Services in the scope of this SOW for which: Infor is identified au the responsible Party(^Fixed Fee Bemiceu") for utotal fixed fee in the amount cf $1,194,444.00. (QSD)(''FixedFee^), Fixed Fee Services shall be invoiced by Infor based upon the milestone payment schedule in Section 7.3 below. Reasonable travel, living and other out-of-pocket expenses incurred are Included in the milestone payment aohedu1ein Section 7.3.All payments are due 3Odays from the invoice date, Licensee acknowledges and agrees that the Fixed Fee does not include: (i) any out of scope items not specifically identified hereim, including those out mfscope items listed in the "Project Exclusions" section of this SOW or otherwise any variations from the Scope cf the Services Wobeprovided, By the end mf second prototype fmreachPnoject Stage, Licensee will provide inYbre prioritized list ofout of scope items for evaluation. Infor will complete evaluation of the prioritized out of scope items and provide a quote of services and, if applicable, product solutions, to the Licensee. Out mfscope items will be governed by the project change control process; (!I)travel time and travel and living expenses and applicable hourly overtime rates/fees applicable(o"After Hours"or"Weekend VVork~; (iii)any additional services orcharges caused by any delays, equipment failures, data problems or otherwise any other impediments or disruptions of Infor's ability to timely and cost effectively deliver the Services, which are caused by Licensee, its employees and/or its third party agents or contractors, (iv)taxes. and/or(v)Additional Project Services Fees. Travel time and travel and Uiving expenses will be billed and paid as otherwise set forth in this SOW, and all such additional services will be provided on a time and materials basis at fees and rates to be separately agreed upon pmrsmamtta1hepmdy'mewmuutiomofe|thermseporeteSOWorawrittonanmendmentiodh|oSQVV documenting the additional Services to be provided and the associated additional fees. 7.2 Additional Pr2ject Seirvices If changes or additions to scope defined within this agreement arise, the Infor Project Manager or Licensee Project manager will follow the mutually defined project change request and control procedure to have the to seek authorization for Additional Project Service funds$o pay for these items. Any use of these funds will be subject to joint agreement and official sign off by both project |nfor Statement ofWork C 201 33 managers and execution mfe change order mr Service Work Order. Billing for Additional Project Services will be performed outside of the milestone payment schedule,in this section. Infor shall provide the Licensee the Additional Project Services on a time and materials basis at the Service Fee Rates listed below for thirty(30)months from the execution date of this SOW. Billable hours not covered under the fixed fee agreement will be invoiced inaccorclance with the Additional Project Services Rate Card. Reasonable travel, living and other aut-of-pncket expenses incurred in providing these Services ("collectively, the"Additional Services Other Expenses") shall be invoiced by infor as such Additional Services Other Expenses are incurred.Additional Project Services shall be invoiced bylnfmrmonthly ona time and materials basis. Additional Services Other ExpenoomahaUbeinvoicedby|mforemawoh Additional Services Other Expenses are incurred. Minimum time increment billed will be thirty(30) minutes. Additional Project Services Rate Card Application Consultant $208.00 Learning Consultant $20&00 Project Manager $225.00 Technical Consultant $208.00 Remote Developer $7000 1. For on-site training, Licensee must provide, ut its expense, training facilities equivalent&u |mfor'o training facilities. 2. Licensee must pay its own travel and living expenses when attending training. Service Rates do not include travel and expense, 7.3 Payment Milestones 7.3.1 The Payment Milestone Table by Project Phase is identified in Appendix B. 7.4 Payment and Milestone Acceptance Payment M�Uestuine Acceptance Upon completion of Payment Milestone set forth above, Licensee shall have the right to review the Milestone provided by|nfmrto Licensee under this SOW, pursuant to the Ymp|emem\atiomAccelerator approach of the StepWise methodology and the Deliverable Acceptance Criberia below. For each Payment Milestone, there is a corresponding Holdback Amount as identified in Appendix B. Upon acceptance o4 all previous Payment Milestones within the Project, UnWor will issue am invoice for the Holdback Amount for the Project. Acceptance of a Payment Milestone constitutes authorization for payment of the applicable Payment Milestone Amount. Unfor will present the Licensee with an invoice for a Payment Milestone Amount upon acceptance of that Payment Milestone for which payment is due within thirty(30)days of the invoice date. Should a Payment Milestone not be,completed in accordance with the Payment Milestone Table due to delay or fault of both Parties, or due to a force majeuire event, the Licensee Project Manager and |mfor Project Manager will(1)create m mutually acceptable plan to help get the Project mn schedule, and (2)extend the Payment Milestone schedule byam appropriate time period to |nfor Statement nf Work Q2O13 34 account for the delay. |m the event that completion cf a Payment&4iAmmhmmewramUnforDeivenableis delayed cx terminated due toLicensee caused issues, Licensee shall pay Infer for the Services provided by Infer for that Payment Milestone or Infor Deliverable upon request by Infor. Deliverable Acceptance Criteria INEENEEMENEMEM Project Schedule a The project schedule will contain all the activities required to complete the project. 0 Reasonable work estimates Wll be used at the lowest level of activities defined, 0 Advfty dependencies will be established(predecessors/successors). 0 Infer and Licensee resources will be assigned at the lowest level of activities defined, Infer Written 0 The requirements of the Infer Deliverable are met as stated in the completion Deliverables criteria in Section 6.1 b of the SOW. The Infor Deliverable compNes with the lnfor format using the Infor standard The Infor Deliverable is consistent with other Infer Deliverables already approved. The Infer Deliverable meets the general review criteria(e.g,,pages numbered, free of formatting and spelling errors,clearly written, no incomplete sections, tech nica I/business system design. Infer Technical Technical designs and all related Infor Deliverables are in compliance with the Deliverables Functional Design Specification. All Development meets the Technical Design Specifications,is complete and is free of material errors. Infor Trainingtworkshop 0 Licensee participant surveys are completed and returned by class/worksholp De[iverables participants, 0 A follow-up plan based upon participant feedback is created by the Infer and Licensee Project Managers and submitted to Infor and the Licensee's Steering Committee for approval. Infor Installation Completed installation exit document approved by Licensee. Deliverables Infer Testing Prototype Tests have been executed per the Prototype and Test Plan in compliance with Defiverables the StepWise methodology and processes. • Test results have been documented for all tested functionality. • Test results are free of_Crifical or High priority errors, Nor Configuration System oonfigurabon is complete per the application configuration documentation. Deliverables 8.,0 Project Quafl!y Testing There are four defined ImplementationAccelerator Approach for StepWise test activities during the Project: (1)prototype tests; (2)acceptance test(s), which are part of the Approved Solution deliverable in the Establish phase; (3) System Taet(u)and (4) Full'Scale Teot(m), which are deliverables in the,Execute phase (each a "Implementation Accelerator Test"). Test Guidelines |nfmr Statement ofWork @2013 35 The following test guidelines apply tu all Implementation Accelerator Textsc * The Licensee Project Manager and |nfor Project Manager work together with the Process Owners and IT Responsible tm plan the Implementation Accelerator Test activities. w Test plan, logistics, and procedures are distributed to Project team members. • The IT environment is prepared and validated prior to start of each Implementation Accelerator Test • Written test cases are distributed to designated testers together with applicable job instructions,prior bn start uf each Implementation Accelerator test. • A test coordinator ia assigned bo organize the Implementation Accelerator test and verify that procedures are properly followed. • Licensee senior management ensures that the priority nftesting is high. • Issues identified during the, Implementation Accelerator Tests are classified according 1mthe categories below and registered in the Implementation Accelerator Stepwise Project database. * CriticaL Functionality for time-crbical major business process not available. No acceptable alternative method exists. o High: Functionality for major business process not available, Not 1imne-oritioak case aram acceptable alternative method exists. o Medium:� Normal case processing u Low: Cases allowing for longer-term resolution • Implementation Accelerator Tests are,passed if no Critical issues are found ("Passed"). If the Implementation Accelerator test is not Passed, Infor and the Licensee shall jointly agree on am action plan bz take corrective measures and implement e test ofthe functions imquestion. If the Implementation Accelerator test�s Passed but High or Medium issues are,registered, |n§orand the Licensee shall jointly agree on an action plan tm take corrective measures. • Implementation Accelerator Test evaluation isconclucted upon completion of each Implementation Accelerator test activity. Results of Implementation Accelerator tests are reported ho the Steering Committee, Implementation Accelerator Approach for StepVVise Prototype Test The following test guidelines apply 1mthe Implementation Accelerator Prototype Test activity: • The scope of Implementation Accelerator Prototype Test is vandation of the configured business processes listed in the Business Process Scope section of this SOW. • Licensee data used for Implementation Accelerator Prototype Tests Iaesubset of key Licensee data either pre-populated nr manually entered. • Licensee Key Users execute the tests and record results im the test cases. • Licensee Process Owners validate the Implementation Accelerator Prototype Test results. • Implementation Accelerator Prototype Testoesu|tsana recorded in the Prototype and Test Plan. Implementation Accelerator Approach for StepWise Acceptance Test The following test guidelines apply to the Implementation Accelerator acceptance teetaoLivity:� � The scope of Implementation Acceptance Test is validation and approval of the configured solution defined in the Project Scope section of this SOW, including all in scope Development identified im this SOW, ° Licensee data used for Implementation Accelerator Acceptance Test im migrated/converted from the Liceosee^s,legacy system. |nfbr Statement of Work @2O13 36 • Licensee Key Users execute the Implementation Accelerator Acceptance Test and record results in the test cases. • Licensee Process 8wners validate the Implementation Accelerator Acceptance Test results. • Implementation Acceptance Test results are recorded In the Prototype and Test Plan. Implementation Accelerator Approach for StepW|seSystem Test The following test guidelines apply tothe Implementation Accelerator System Test activity: • The scope cf Implementation Accelerator System Tests is validation of the Licensee's |T environment performance defined inthe System Technology Scope section of this SOW, • Licensee data used for Implementation Accelerator System Tests is migrated/converted from the Licensee's legacy system. • Licensee Key Users execute the Implementation AoceieratorSystem Test and record neow|1s iv the test cases. • Licensee Process Owners validate the Implementation Accelerator System Test results. • Implementation Accelerator System Tent results are recorded in the System Test p|em. Implementation Accelerator Approach for Stepwise Full Scale Test The foIlowing test guidelines apply to the Implementation Accelerator Full Scale Test activity, • The scope of Implementation Accelerator Full Scale Test is validation of the Licensee's orgamization readiness to Go Live. • Licenaee data used for Implementation Accelerator Full Scale Test is migrated/converted from the Lioennee`a legacy system. • Licensee End Users execute the Implementation Accelerator Full Scale Test and record results im the test cases. • Lioomn*e Process Owners and Key Users validate the Implementation Accelerator Full Scale Test results. • Test results are recorded in the Full Scale Test Plan, Project Quality Strategy Requisites: 1. Written test cases are prepared im advance of the test. 2. Test results are recorded in test cases during t*sfimgactivities. 3. The Licensee im responsible for testing dependence on third party namounreo and software which has not been supplied byinfoc 4. The Licensee is responsible for all issues caused by any third party resources and software which has not been supplied by |mfoc 5. ]nfor will validate the |nfmr configuration prior to each test. The Licensee database,must be available for Infor validation no less than five (5)working days prior to the commencement of each test. |nfor Statement mf Work @ 2013 37 � �~ Commercial Terms Any delays,cr changes caused by Licensee, Umammee^mempdo�yees. equipment, contractors or vendors may require an extension im the estimated Project schedule and/or may cause mm increase in the estimated Service hours or estimated fees described in this SOW, including without limitation d0ays or changes due to the following: (a)a material change to or deficiency in the information which the Licensee has supplied to Infor; (b)a failure by the Licensee or vendors to perform any of their respective responsibilities under this SOW: (c)an unanticipated event that materially changes the service needs mr requirements of the Licensee;(d)circumstances beyond the reasonable control of either|nforor Licensee, acts of God or other force majevreevem(; ur(e)e change imlaw. lfLicanam* requires that any person render Services at Licensee's site for more than 12 consecutive mmonthm� (a) Jnterne| Revenue Code (|RC) §1G2 will classify al;of that persom's Services ms an indefinite work assignment("IlWA"), (b) beginning with the thirteenth consecutive month of work at the Licensee"s site, all of that person's reimbursed business expensea, including trave|, lodging' meals and car remta|, must be treated as taxable personal income to that person under lRC §16�2. (o) |nfomm/iN include these reimbursed expenses in the person's taxable oompenaat|om, and vviN inonamuo that person's compensation to cover those taxes and the personal income and withholding taxes mn that increase and (d)Licensee shall reimburse |nfor for the entire amount of that increase. 10. General Project Requisites The following general Project requisites apply during this Project: 1. Infor will have remote access to the Licensee network and systems as necessary to support the activities within the, Project plan. Z. All Knfer and Licensee Project team members will utilize anlm0or Project StepVVimedatabase provided by |mforto register Project issues and store Project Deliverables, I The Licensee will provide appropriate office facilities to all full-time and part-time team members assigned tp the Project team en may be required from time iotime. This includes, but isnot limited to, office space,work desks, inetworked computers, Microsoft Office productivity tools, team meeting rooms, networked printers, photocopier, telephones, stationery, whiteboards, internet, and VPN connection and other required resources in order to facilitate the effectiveness *f the Project team. 4. Infor's personnel will have access to the office facilities at all times, as dictated by Licensee's, reasonable security restrictions. 5, Xnfor and Licensee agree that both parties shall have the right &o request removal any Licensee or lnfor Project staff member engogedin improper conduct. Both parties will use commercially reasonable efforts to replace personnel removed from the project, but cannot make,any guarantee mw timing if personnel are removed at the request of the other party. Both |mformnd Licensee will provide written notification of any key project resource changes. 8, Licensee will remain current on all available Maintenance throughout the duration of the, Project, 7. The Licensee has participated inthe InMmr Administration and Security training aa identified imthe Learning Scope Section cf this SOW. 8. |nfmr will be gramLedappropriateevcesmbutheoymtem1obeab|eboeupportdheLioenmee'm solution. � � Closing Definition . ~ ^`^^. =�����0�� "����"��D��oB8 The Project described in this SOW will be closed (the "Ciosing Date") upon completion of the earlier of the fo|fnvv|ngconditions: (1)the first Steering Committee meeting after the Final Go Live Date,which will be held within 45 days of the Final Go Live Date, provided that all of the folimwingconditions are met in Section 1{a}— 1(o)below: I nfor Statement of Work C 2013 38 e. Support, Delivery and the Licensee have cormpiebmdm meeting io introduce the Licensee ho the UnfbrXtremmSupport team and Uo the procedures required toaccess and receive paid Maintenance, b. There are nm open Critical Issues(as defined below)assigned tm |n8or, and o. The Final Acceptance criteria for the Project has been met, or (2) If the Steering Committee does not meet within 45 days af the Final Go Live Date and the conditions in 1 a, 1 b and 1 c above are met, the Project is deemed to be closed, unless both Parties agree in writing|o extend the Closing Date, or (3) If the conditions in la, 1 b and 1c above are met and the Licensee Steering Committee agrees in writing tm deem the Project to, be closed immediately A''CddcM Issue" isa condition where Yn&or Software,functionality for a,time-ohUcaU major business process im the scope ofthis S�OVVis not available for use and no acceptable aitennaUve method&n complete the business process exists for the Licensee. The "Final Go Live Daba" means the first date when all in-scope |nfmr applications within the Project of the Implementation Strategy(subject to approved change orders)are available to process aLicensee transaction for production purposes. Approval: The undersigned hereby approve this Statement of Work and acknowiedge that it supersedes any previous versions. F | For: Patricia (Authorized Signature) Elias (Printed Name) (Printed Name) Associate General �Coumam1 (Title) (Title) November 20, 2013 |mnr Statement of Work 4&2O13 39 Appendix A Infor Hansen Mobile Services Folllowing are details of Infer°s Hansen Mobile Service details outlining the scope of services and assumptions for this implementation: HMS-Specific Project Analysis Design 2 HMS-Specific Project Management 5 Mobile Server to Hansen DB Connect/Config 5 Mobile Field Software Base Configuration 5 Testing and Customer Vest Support 2 CIS Integration - ESRI ArcGIS Server Integration 2 Cnsite Installation 1 Cnsute Training—Admi'n/Test Group 2 Qnsite Training—Users d Trainers ............... ...... 4 Additional Field Software Customization 5 Total Estimated bays 33 Gays Hansen Mobile Services Assumptions: Pending an onsite needs analysis and further knowledge of Carpus Christi daily business processes, additional days of professional services may be desired to configure the HMS for CDR'solution. Infor Statement of Work C 2013 40 Appendix B: Payment Milestone Table NEMEN11M IEEE= I CDR JP Ian,Permit,Business License,Code Enforcement) Establish Phase M-1 Milestone-Project Initialization: 1111 142013 $179,165601 $17,91&66 $161,249.�4 M-2 Milestone nstall the in-scope Products in Project a nvi ron me nt. $0.00 $Uo $0.00 M-3 Milestone-Project Team Learning: 12/13/2013 $107,499-96 $10,750.00 $95,749.96 V4- Milestone-Initial Beta Prototype $119,444.40 $11,944A4 $107,499.96 M-5 Milestone-Final Prototype: 4(3012014 $179,166,60 $17,916,66 $16,1,249.94 M-6 Milestone-Acceptance Test 6/13/2014 $155,277.72 $15,527.77 M9,749.95 Execute Phase :$0.00 $0.00 $0.00 M-7 Milestone-System Test: 711812014 $179,166.60 $11,916.66 $161,249,94 M-8 Milestone-Fult Scale Test: 812912014 $119,444.40 $11,944.44 $407 499.96 M-9 Milestone-Production Readiness 10113/2014 $59,722.20 $5,972.22 $53,74998 M-10 Milestone-Complete Pos!MGo-Live Support: 111712014 $95,55552. $9,555,55 $85,999.97 M-11 Milestone-Close Project: 113042015 $000 $1j19,,444...40 00 Total Payment Milestone Amount $1,194,444-00 $119,444.40 $1,194,,444.00 Infor Statement of Work Oc 2013 41 2 EXHIBIT 17: CHANGE ORDER CHANGE ORDER INTRODUC I ON This Change Order document ("Change Order") is subject to all terms and conditions of the Master Contract and Exhibit 5, the Software Services Agreement, and as it relates to hosting services, Exhibit 6 to the Master Contract, the Hosting Services Agreement between, Infor (US),, Inc. ("Infor") and the City of Corpus Christi, TX ("Licensee" or"City") (collectively, the "Services Agreement").)and constitutes a change to the Services Work Order identified below by Work Order Number("Work Order"). All terms of the Services Agreement and Work Order are incorporated herein by reference. Capitalized terms snot defined in this Change Order are defined in the Services,Agreement or Work Order. In the event of a conflict, the terms of this Change Order control over the terms of the Services Agreement and Work Order. ILO CI-IANGE OWIXER Licensee(customer) City of Corpus Christi Project Name Annual Hosting and Application Management Services Project Number Project Manager Project Phase Product(s) Hansen CDR Enterprise Suite and CDR Citizen Dynamic Portal Work Order Number 0001 Change Number 0001 Issue Number 0001 Description Additional hosting and application managed services to support Hansen 8 CDR application Requestor Michael Armstrong Identified Date Prepared By Todd Stonestrom Change Status Log Date Initial identification/assessment Approved for detailed impact analysis(optional) Pending Approval Final Approval Approved Denied Updated project and budget plains 1.1 P,rel imi nary identification and assessment Describe the change in detail Provide Application Management Services and Hosting Services for Hansen 8 CDR Application. Reason for the change Purchase and implementation of Hansen 8 CDR application for Planning, Permitting, Business License, Code Enforcement High level impact assessment Customer request to add new Infor application. Implementation and support services will be scheduled and planned appropriately with Corpus Christi and Infor Hosting and AMS Services, No issues or impact expected. 1.2 Approval for detailed impact analysis (optional) Reviewer Review Date 1.,3 Detailed impact analysis Impact on project plan(including estimated)timellines) 2 Change Order(Americas PMO-v5b, Nov. 2012) Target date(for implementation) November,2013 Impact on resource requirements NIA Additional risk, NIA Impact on project cost The Initial term of the Hosting Services Annual work.Order and Hosting Agreement is 12 months with a signature date of May 15thr 2013. This change order will increase the monthly fees by$500 dollars for a new total monthly recurring fee of$44,500. New Service Fee Schedule Hosting and Managed Services One Time Fees Monthly Recurring Fees Annual Fees Current Hosting and Managed NA $ 44,000 $ 528,000 Services under the Hosting Services Annual work Order Addition of Hansen CDR Fnterprlse NA $ 500 $ 5,000 Suite and CDR Citizen Dynamic Portal under this Change Order Total Fees NA $ 44,500 $ 534,000 The services and fees listed above are being provided on a fixed fee basis. Where a substantial variation from this Change Order is foreseen, bath parties must agree in writing to the additional work and document the change in a Change Order, Invoicing and payment shall be in accordance with the terms of the Work Order and Agreement 3 r Change Order(Americas r'MO-v5b, Nov. 2012) Other Projects Affected None Who needs to be notified of the change Corpus Christii and Infor Hosting/AMS Comments None 2.0 ClIANGE ARPROVAI PAYMEN"'I By signing below, Licensee authorizes lnfor to proceed with the work set forth in this Change Order and bill Licensee per the payment terms set forth in the original Work Order for any additional Services fees, Please return a signed copy of this Change Order to Infor PO. THE PARTIES have executed this Change Order through the signatures of their respective authorized representatives. Infor(US), Inc.: LICENSEE: City of Corpus Christi, TX Sign at : I Signature: Printed Name: Patricia Elias Printed Name: Title;Associate General Counsel Title; Address: 380 St, Peter Street Address: Address:St. Paul, MN 55102 Address: &ignature Date: Signature Date:! 4 C1 Change Order(Americas PMO-v5b,Nov, 2012) EXHI�BIT 15: ORDER FORM ORDER FORM As it relates tn the Component Systems specified herein, this Order Form is Contract, the Software License Agreement, between,infor (US). Inc., ("Infor") and City of.Corpus Christi ("Licensee") with an effective date of May 15, 2013 (the"Liceinse Agreement"). As it relates to Support for the Component Systems, this Order Form is subject to the applicable terms of the License Agreement(to the extent it concerns Support) or, if Support is the subject of a separate Support agreement related to the License Agreement, the terms of such Support Agreement (the "Support Agreement"). The License Agreement and related Support Agreement (if any) are referred to herein as the "Agreement". All terms of the Agreement are incorporated herein by reference. Capitalized terms not defined in this Order Form are defined !in the Agreement. In the event of a conflict,the terms of this Order Form control over the terms of the Agreement. In the event the capitalized terms in this Order Form differ from the terminology used in the Agreement, references herein to: "Component Systems," means the software products that are being licensed (and maybe referred to in the Agreement as Products, Software Pmducts, Software, Pvmgnnnom or Licensed Programs); "Support" means |nfer'm current standard maintenance and support services(and may be nsfe/nad to in the Agreement as Maintenance and/or Support, Annual Support, Support Services, On-Going Support mrOne Paint Support); "Order Form" means a mutually agreed upon ordering document (and may be referred no in the Agreement as Product Order Form. Addemdwnn, Schedule, 3wpp|mnnert or Supplemental Schedule); "User Restriction" means the license restriction applicable to the Component System (which may also be referred to as Maximum Use Designation) in addition to any ficense restrictions in the Agreement; "Annual Escalation Percentage Cap" means the maximum percentage inonwmoe in the annual Support Fee on an annual basis; In mddition, based on the applicable Agreement, listed Component Systems herein owned by aNhird party (a "Third Party Licensor") may also be referred to in the Agreement au"Additional Software"or~Third Party 8oftwae". Effective date of this Order Form: (the"Order Form Dmte'') 1. Component SVst�ems Ne Iy Licensed Component Systems: Part# Component System User Restriction* Support (if applicalble) __ Quantity Type level** 1 H8CDR Hansen 8-CDR Bundle 63 NU XT 4 HDYP-L Hansen Dynamic Portal for Licensing 1 ET XT 5 HDYP-P Hansen Dynamic Portal for Permits 1 ET XT 7 HDYP-CS Hansen Dynamic Portal for Customer Service 1 ET XT HDYPCE Hansen Dynamic Portal-Code Enforcement 1 ET XT Hansen 8-Mobile CDR Server for Notebook Edition I Sv XT 10 SELC-MS8-CDRF Hansen 8-Mobile CDR Field User License 39, NU XT Total License Fee $324^100.00 *If specified im the User R*struUonfieUd: • NQ - "Named Umens~- Quantity represents the maximum number pfnamed users that may access the Software and each monmmd user(e.g. login |D) requires license. Each license maymm|y be assigned to single and exclusive log- in. Customer may not utilize any met odmrpmo0mamm8oautomadoa||yneassigmo|og-imfromomeuser$amnothmr • ATRAN— 'Annual Transactions" - Quantity represents the number of entries processed annually by the Component Syst*m, including but not limited to,such sources as bank account summaries, bank account statements, accounting reports from any interface software, excel import templates, purchase orders, sales orders and invoices, regardless cf whether such entries are entered manually arelectronically. • ET-~Enterprise"-Allows unlimited use of the Component System within the licensed business entity, • SV - "Server" - Software is licensed to a specific named (by model/serial #) server. A license is required for each server on which,the application iainstalled. oo2An 10JU3 Page vf3 0p-V0o*w|7 : 0 , :1: **If specified in the Support Level field: "XT' means Xtreme Support Plain. Descriptions of the then current support plans for Infor,can be found at h t 1/ww7w p�j�jp!@Tjr� � ............................... 4P glipp qy It.'Support Services Additional Annuall Support Fee: $64,820.00 Annual Escalation Percentage Cap: 3%or the then current year over year increase in the Consumer Price Index (CPI-U), whichever is greater, Initial Term of Support: Order Form Date through twelve(12)consecutive months Fee for Initial Term of Support: $64,820.00 Other Fees: N/A Total Amount Due(before applicable taxes). $388,9120.00 All Amounts are in US Dolars unless otherwise specified. Currency: United States Dollars Payment Terms: Payment is due within 15 days of Order Form Date. Equipment (on which Component Systems will be installed): Licensee Account ID: 100013196 Computer Platform Model: Operating System Windlows DBMS: SIX GL ID: US0AIB Location: Same,as Delive Serial Number: Account Executive Name, Shelly Carroll City of Corpus Christi Invoice Address: Delivery 1201 Leopard Street (if blank,the Delivery Same as Delivery Address: Corpus Christi,TX 78401 Address shall be used for Invoicing): Contact Name: Michael Armstrong Contact Name: Contact Title: CIO Contact Title: Contact Phone: (361)826-3740 Contact Phone: Contact email: michaelar@cctexas.com Contact email: Delivery is FOB Shipping Point. No changes or modifications of any kind to this Order Form shall be accepted after execution unless signed in,writing by both parties Any purchase order or similar document(other than a mutually executed and delivered Order Form)that may be issued by the undersigned Licensee in connection with this Order Form does not modify this Order Form or the Agreement to which,it pertains. No such modification will be effective unless it is in writing, is signed by each party, and expressly provides that it amends this Order Form,(or as applicable,the Agreement), For U.S. Government entities,the f6lowing restricted rights clause applies:This Component System is a"commercial component,"as this term is defined iin 48 C.F.R. 2.101,consisting of"commercial computer software"and"computer software documentation,"as such terms are defined in 48 C,F,R, 252.227-7014(a)(I)and 48 C.F.R.252.227-7014(a)(5), respectively, and used in 48 C.F.R. 12.2'12 and 48 C.F.R.227.2702,as applicable, and all as amended from time to time. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, and other relevant sections of the Code of Federal Regulations, as applicable, and all as amended from time to time,all U.S, Government entities acquire this Component System only with those rights set forth in the license agreement accompanying this Component System. Use,duplication, reproduction, or transfer of this commercial DD EAD I O�14.13 Page 2 of 3 OP-00604017 2 software and accompanying documentation is restricted in:accordance with FAR 12.212'omdDFARS 227,72Q3 and byalicense agreement. By signing this Order Form,Licensee represents and warrants that it has obtained all necessary authorizations and approwa|m including, but not limited to,appropriation wf funds and budget appruvaL Licensee's purchase cf the licenses specified herein is not contingent or dependent upon the provision of any consulting services,Licensee may choose to purchase from Infor contemporaneously with this Order Form or in the future. THE PARTIES have wxecmtod this Order Form through the signatures of their respective authorized representatives, For� Info (U Inc. Foc City of Corpus Christi (Legal Name of LICENSEE) Sigfiature Signature Patricia Typed or Printed Name Typed or Printed Name Associate General Counsel N Title Date Title Date MEaDlo/4.l3 Page s"r3 OP-00604017 cv f� AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 10, 2013 OR AN, Second Reading Ordinance for the City Council Meeting of December 17, 2013 1852 DATE: November 18, 2013 TO: Ronald L. Olson, City Manager FROM: Kimberly Jozwiak, Director of Municipal Court Ki m berlyJ(a)cctexas.com 361-826-2515 Michael Armstrong, Director of Municipal Information Services MichaelAr@cctexas.com 361-826-3735 Professional Services Agreement to Implement a Replacement Municipal Court System. CAPTION: Ordinance authorizing participation in the National Joint Powers Alliance Cooperative Purchasing program; appropriating $1,300,000 from the Unreserved Fund Balance in the No. 1020 General Fund for court case management software and data conversion services; authorizing execution of contract with Tyler Technologies in amount of $777,044; changing the FY 2013-2014 Budget adopted by Ordinance No. 029915 to increase expenditures by $1,300,000 in the No. 1020 General Fund. PURPOSE: The recommended vendor will replace existing software used by Municipal Court. BACKGROUND AND FINDINGS: The existing municipal court management software system was purchased and installed in 1998. It has been upgraded several times over the years, but is not sufficient to manage today's Municipal Courts environment. The existing vendor has failed to improve the software in a timely manner. Support for the software is provided by a single employee. The software has become an impediment to the Court's effective operation and lacks attributes to integrate well with other public safety systems. Municipal Court personnel, with assistance from Municipal Information Systems have evaluated software from a number of providers with a particular emphasis on those vendors with an installed base in Texas. This evaluation included demonstrations, interviews with clients and site visits. Municipal Court and Municipal Information Systems personnel agree that InCode Municipal Court Software, from Tyler Technologies represents the best value for the City. This opinion was heavily weighted by Tyler's large Texas installed base of more than 500 cities, including all cities of our size and larger except Houston, and the relatively short implementation time for the InCode product (less than 10 months). Tyler's InCode Municipal Court Software is available through the National Joint Powers Alliance, a national government and education purchasing cooperative. Document Conversion will be brought to Council as a separate item. This is anticipated to cost approximately $366,000.00. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: InCode will integrate well with both Selectron (Interactive Voice Response) and Laserfiche (Document Imaging), other applications which affect Court operations. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Municipal Court, Purchasing, Municipal Information Systems 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 777,044.00 525,216.00 1,302,260.00 Encumbered / Expended Amount This item 777,044.00 525,216.00 1 1,302,260.00 BALANCE 01 01 0 Fund(s): Municipal Information Services Comments: Total cost of the contract is $777,044.00. Funds have been budgeted for this expense in Fiscal Year 2013-2014 and will be available in 1020 General Fund. The $131,304 for annual maintenance and support shown above for years two through five of the agreement will be requested during the normal budget process. Document Conversion will be brought to Council as a separate item. This is anticipated to cost approximately $366,000.00. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Tyler Technologies Contract Tyler Technologies Statement of Work Ordinance authorizing participation in the National Joint Powers Alliance Cooperative Purchasing program; appropriating $1,300,000 from the Unreserved Fund Balance in the No. 1020 General Fund for court case management software and data conversion services; authorizing execution of contract with Tyler Technologies in amount of $777,044; changing the FY 2013-2014 Budget adopted by Ordinance No. 029915 to increase expenditures by $1,300,000 in the No. 1020 General Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute all documents necessary for the City of Corpus Christi to participate in the National Joint Powers Alliance Cooperative Purchasing Program. Section 2. That $1,300,000 is appropriated from the Unreserved Fund Balance in the No. 1020 General Fund for the purchase of Municipal Court case management software and data conversion services. Section 3. That the City Manager, or designee, is authorized to execute all documents necessary to purchase a Municipal Court case management software and services from Tyler Technologies in the amount of $777,044, through the National Joint Powers Alliance Cooperative Purchasing Program. Section 4. That the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 is changed to increase expenditures by $1,300,000 in the No. 1020 General Fund. 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 AGREEMENT Contract ID#2013-0278 This agreement("Agreement") is made this day of 2013, which is the date of final approval by the Corpus Christi City Council, ("Effective Date") by and between Tyler Technologies, Inc., a Delaware corporation with offices at 5519 53 d Street, Lubbock, Texas 79414 ("Tyler") and the City of Corpus Christi,whose address is PO Box 9277, Corpus Christi,Texas 78469 ("Client"). WHEREAS Client selected Tyler to furnish, deliver, install and implement the products set forth in the investment summary attached hereto as Exhibit 1 ("Investment Summary"); NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth herein, Tyler and Client agree that Tyler shall provide products and services, and Client shall pay prices, as set forth in this Agreement. SECTION A—SOFTWARE LICENSE AGREEMENT 1. License Grant. a) Upon the Effective Date, Tyler hereby grants to Client a perpetual, non-exclusive, non-transferable, royalty-free, revocable license to use the Tyler software products set forth in the investment summary attached hereto as Exhibit 1 ("Investment Summary") and related interfaces (collectively, the "Tyler Software Products") and documentation provided in or with the Tyler Software Products ("Documentation") for Client's internal business purposes only and otherwise subject to the terms and conditions of this Agreement. This license is revocable by Tyler only if Client fails to comply with the terms and conditions of this Agreement, including without limitation, Client's failure to timely pay the Software fees in full. Upon Client's payment in full for the Tyler Software Products, this license will become irrevocable, subject to the restrictions on use and other terms set forth in this Agreement. b) Tyler shall retain ownership of, including all intellectual property rights in and to, the Tyler Software Products and Documentation. c) The Tyler Software Products are not licensed to perform functions or processing for subdivisions or entities that were not disclosed to Tyler prior to the Effective Date. d) The right to transfer the Tyler Software Products to a replacement hardware system is included in this Agreement. Client shall pay Tyler for the cost of new media or any required technical assistance to accommodate the transfer. Client shall provide advance written notice to Tyler of any such transfer. e) Client acknowledges and agrees that the Tyler Software Products and Documentation are proprietary to Tyler and have been developed as trade secrets at Tyler's expense. Client shall use best efforts to keep the Tyler Software Products and Documentation confidential and to prevent any misuse, unauthorized use or unauthorized disclosure of the Tyler Software Products or Documentation by any party. f) The Tyler Software Products may not be modified by anyone other than Tyler. If Client modifies the Tyler Software Products without Tyler's prior written consent, Tyler's obligations to provide maintenance services on, and the warranty for, the Tyler Software Products will be void. Client shall not perform decompilation, disassembly, translation or other reverse engineering on the Tyler Software Products. g) Client may make copies of the Tyler Software Products for archive purposes only. Client shall repeat any and all proprietary notices on any copy of the Tyler Software Products. Client may make copies of the Documentation for internal use only. h) Tyler maintains an escrow agreement with an escrow services company under which Tyler places the source code of each major release of the Tyler Software Products. At Client's request, Tyler will add Client as a beneficiary to such escrow agreement. Client will pay the annual beneficiary fee and is solely responsible for maintaining its status as a beneficiary. 2. Limited Warranty. For the purposes of this Agreement, a "Defect" is defined as a failure of the Tyler Software Products to substantially conform to the then-current specifications and the functional descriptions of the Tyler Software Products in Tyler's written proposal to Client. In the event of conflict between the afore-mentioned documents, the then-current specifications will control. A Tyler Software Product is "Defective" if it contains a 1 Defect. For as long as a current Maintenance Agreement is in place, Tyler warrants that the Tyler Software Products will not contain Defects. If the Tyler Software Products do not perform as warranted, Tyler will use reasonable efforts, consistent with industry standards, to cure the Defect in accordance with Tyler's then-current support call process. 3. Intellectual Property Infringement Indemnification. a) Tyler's Obligations. Tyler shall defend and indemnify Client against any claim by an unaffiliated third party of this Agreement that a Tyler Software Product, if used within the scope of this Agreement, directly infringes that party's registered United States patent, copyright or trademark issued and existing as of the Effective Date or as of the distribution date of a release to the Tyler Software Product, and will pay the amount of any resulting adverse final judgment issued by a court of competent jurisdiction or of any settlement made by Tyler in writing. b) Client's Obligations. Tyler obligations in this section are contingent on the Client performing all of the following in connection with any claim as described herein: i. Promptly notifies Tyler in writing of any such claim; ii. Gives Tyler reasonable cooperation, information, and assistance in connection with the claim; and iii. Consents to Tyler's sole control and authority with respect to the defense, settlement or compromise of the claim. c) Exceptions to Tyler's Obligations. Tyler will have no liability hereunder if the claim of infringement or an adverse final judgment rendered by a court of competent jurisdiction results from: i. Client's use of a previous version of a Tyler Software Product and the claim would have been avoided had Client used the current version of the Tyler Software Product; ii. Client's combining the Tyler Software Product with devices or products not provided by Tyler; iii. Use of a Tyler Software Product in applications,business environments or processes for which the Tyler Software Product was not designed or contemplated, and where use of the Tyler Software Product outside such application, environment or business process would not have given rise to the claim; iv. Corrections, modifications, alterations or enhancements that Client made to the Tyler Software Product and such correction, modification, alteration or enhancement is determined by a court of competent jurisdiction to be a contributing cause of the infringement; v. Use of the Tyler Software Product by any person or entity other than Client or Client's employees; or vi. Client's willful infringement, including Client's continued use of the infringing Tyler Software Product after Client becomes aware that such infringing Tyler Software Product is or is likely to become the subject of a claim hereunder. d) Remedy. i. In the event a Tyler Software Product is, by a court of competent jurisdiction, finally determined to be infringing and its use by Client is enjoined, Tyler will, at its election: (a)Procure for Client the right to continue using the infringing Tyler Software Products; or (b) Modify or replace the infringing Tyler Software Products so that it becomes non-infringing. ii. The foregoing states Tyler's entire liability and Client's sole and exclusive remedy with respect to the subject matter hereof. SECTION B—PROFESSIONAL SERVICES AGREEMENT 1. Expenses. Expenses shall be billed in accordance with the then-current Tyler Business Travel Policy, based on Tyler's usual and customary practices, plus a 10% travel agent processing fee. The current Tyler Business Travel Policy is attached hereto as Exhibit 3. Copies of receipts shall be provided on an exception basis at no charge. Should all receipts for non per diem expenses be requested, an administrative fee shall be incurred. Receipts for mileage and miscellaneous items less than twenty-five dollars ($25) are not available. 2. Cancellation of Services. In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for(i) all non-refundable expenses incurred by Tyler on Client's behalf, and(ii)hourly fees associated with the canceled services if Tyler is unable to re-assign its personnel. 3. Additional Services. 2 a) The Investment Summary contains a good faith estimate of service fees and travel expenses. Training and/or consulting services utilized in excess of those set forth in the Investment Summary and additional related services not set forth in the Investment Summary will be billed at Tyler's then-current rates,plus travel expenses incurred in accordance with Section B(1). b)Programming and/or interface quotes are estimates based on Tyler's understanding of the specifications supplied by Client. In the event Client requires additional work performed above the specifications provided, Tyler will submit to Client an amendment containing an estimate of the charges for the additional work. Client will have thirty (30) calendar days from the date the estimate is provided to approve the amendment. 4. Services for Client's Municipal Court. a) Tyler has prepared a Statement of Work for Tyler's services to be provided for Client's Municipal Court. The Statement of Work is attached and incorporated into this Agreement as exhibit 2 b) Tyler agrees to complete the work outlined in the Statement of Work within ten (10) months of Effective Date, unless a later date is agreed to by the Client's Director of Municipal Information Systems and Director of Municipal Court,provided that Client meets its obligations under this Agreement, the attached Statement of Work, and project plans as mutually agreed to by the parties. Client acknowledges that the implementation of the Tyler Software Products is a cooperative process requiring the time and resources of Client personnel. Client shall, and shall cause Client personnel to,use all reasonable efforts to cooperate with and assist Tyler. SECTION C—MAINTENANCE AGREEMENT 1. Maintenance Services. a) This Maintenance Agreement is effective on the earlier of (i) ninety (90) days after use of a Tyler Software Product in live production, or (ii) one hundred eighty (180) days from the date Tyler made the Tyler Software Products available to Client for downloading; and will remain in force for an initial one (1) year term, which will renew automatically for additional one (1) year terms unless terminated in writing by either party at least fifteen (15) days prior to the end of the then-current term. Fees for subsequent years are subject to change. b) Maintenance Services Terms, Conditions, Limitations and Exclusions. i) For as long as a current Maintenance Agreement is in place, Tyler shall, in a professional, good and workmanlike manner, perform its obligations in accordance with Tyler's then current support call process in order to conform the Tyler Software Products to the applicable warranty under this Agreement. If Client modifies the Tyler Software Products without Tyler's prior written consent, Tyler's obligations to provide maintenance services on and warrant the Tyler Software Products shall be void. Tyler reserves the right to suspend maintenance services if Client fails to pay undisputed maintenance fees within sixty (60) calendar days of the due date. Tyler will reinstate maintenance services upon Client's payment of the overdue maintenance fees. ii) For as long as a current Maintenance Agreement is in place Tyler shall provide Client with all releases Tyler makes to the Tyler Software Products that Tyler makes generally available without additional charge to customers possessing a current Tyler annual Maintenance Agreement. Third Party Products; and installation, consulting and training services related to the new releases will be provided to Client at Tyler's then-current rates. Client acknowledges and agrees that a new release of the Tyler Software Products is for implementation in the Tyler Software Products as they exist without Client customization or modification. Tyler shall support prior releases of the Tyler Software Products in accordance with Tyler's then-current release life cycle policy. iii) Maintenance fees do not include installation or implementation of the Tyler Software Products, onsite support (unless Tyler cannot remotely correct a defect in a Tyler Software Product), application design, other consulting services, support of an operating system or hardware, and support outside Tyler's normal business hours. c) Client Responsibilities. i) Client shall provide, at no charge to Tyler, full and free access to the Tyler Software Products; working space; adequate facilities within a reasonable distance from the equipment; and use of machines, attachments, features, or other equipment necessary to provide maintenance services set forth herein. 3 ii) Tyler currently utilizes "Go To Assist" as a secure commercial PC to PC remote connectivity tool to provide remote maintenance services. Client shall maintain for the duration of the Agreement a high-speed Internet connection capable of connecting to Client's PC's and server. As a secondary connectivity tool to the Tyler Servers, Tyler will install a third party secure unattended remote connectivity program which is currently Bomgar. Client will need to provide Tyler a login account with local administrative privileges to the Tyler Servers. Tyler requires that Client also maintain an alternate remote connectivity method (including VPN, if necessary) for backup connectivity purposes. Tyler, at its option, will use the connections to assist with problem diagnosis and resolution. 2. Support Terms for Clients Not Participating in Annual Maintenance Agreement. The Software License Agreement includes ninety (90) days free maintenance. If Client elects not to participate in the Annual Software Maintenance Agreement, Client shall receive support on a Time and Materials basis following ninety (90) days after the Tyler Software is verified in accordance with the following terms. a) Such Clients: i)will receive the lowest priority for Software Support. ii) will be required to purchase new releases of the Software. New releases will include fixes, enhancements, and updates, such as Tax Tables, W/2 reporting formats, 1099 changes, etc. iii)will be charged$175 per hour with a two-hour minimum for all software support calls. iv)will not be granted access to Tyler's software support web-site. v) are subject to higher rates for training and continuing education performed by Tyler employees. This is due to the fact that the Client may not be utilizing the most current version of our software. b) Tyler will not guarantee a program fix to a documented bug for software versions that are not the currently released version. c) If a Client decides to discontinue the Software Maintenance Agreement and later chooses to reinstate the Software Maintenance Agreement, the Client will be required to pay the portion of annual software support maintenance fees for the Enhancement and Software Updates (27%) dating back to the date when the Client discontinued the Software Maintenance Agreement. SECTION D—THIRD PARTY PRODUCT AGREEMENT 1. Agreement to License or Sell Third Party Products. a) For the price set forth in the Investment Summary, Tyler agrees to license or sell and deliver to Client, and Client agrees to accept from Tyler the hardware ("Hardware") and third party software ("Third Party Software") set forth in the Investment Summary(collectively,the"Third Party Products"). b) Third Party Product Warranties. Client acknowledges and agrees that Tyler is not the manufacturer of the Third Party Products. As such, Tyler does not warrant or guarantee the Third Party Products. Tyler hereby grants and passes through to Client any warranty adjustments that Tyler may receive from the developer, manufacturer or supplier of the Third Party Products ("Developer"). c) Third Party Software Maintenance. i) In the event Client elects not to purchase through Tyler maintenance services on the Third Party Software, it shall be the responsibility of Client to repair and maintain the Third Party Software and purchase enhancements as necessary after installation. ii) In the event Client elects to purchase through Tyler maintenance services on the Third Party Software, Tyler will facilitate resolution of a defect in Third Party Software with the Developer. iii) In the event the Developer charges a fee for future Third Party Software release(s), Client shall be required to pay such fee. SECTION E—GENERAL TERMS AND CONDITIONS 1. Taxes. The fees set forth in the Investment Summary do not include any taxes, including, without limitation, sales,use or excise tax. All applicable taxes shall be paid by Tyler to the proper authorities and shall be reimbursed by Client to Tyler. In the event Client possesses a valid direct-pay permit, Client will forward such permit to Tyler 4 on the Effective Date, in accordance with Section E(21). In such event, Client will be responsible for remitting all applicable taxes to the proper authorities. If tax-exempt, Client will provide Tyler with Client's tax-exempt certificate. 2. Force Majeure; Client Assistance. "Force Majeure" is defined as an event beyond the reasonable control of a party, including governmental action, war, riot or civil commotion, fire, natural disaster, labor disputes, restraints affecting shipping or credit, delay of carriers, inadequate supply of suitable materials or any other cause which could not with reasonable diligence be foreseen, controlled or prevented by the party. Neither party shall be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure. Force Majeure will not be allowed unless: a) Within ten (10) business days of the occurrence of Force Majeure, the party whose performance is delayed thereby provides the other party or parties with written notice explaining the cause and extent thereof, as well as a request for a time extension equal to the estimated duration of the Force Majeure events. b) Within ten (10) business days after the cessation of the Force Majeure event, the party whose performance was delayed provides the other party written notice of the time at which Force Majeure ceased and a complete explanation of all pertinent events pertaining to the entire Force Majeure situation. Either party will have the right to terminate this Agreement if Force Majeure suspends performance of scheduled tasks by one or more parties for a period of one hundred-twenty (120) or more days from the scheduled date of the task. This paragraph will not relieve Client of its responsibility to pay for services and goods provided to Client and expenses incurred on behalf of Client prior to the effective date of termination. In addition, Client acknowledges that the implementation of the Tyler Software Products is a cooperative process requiring the time and resources of Client personnel. Client shall, and shall cause Client personnel to, use all reasonable efforts to cooperate with and assist Tyler as may be reasonably required to meet the project deadlines and other milestones agreed to by the parties for implementation. Tyler shall not be liable for failure to meet such deadlines and milestones when such failure is due to Force Majeure (as defined above) or to the failure by Client personnel to provide such cooperation and assistance (either through action or omission). 3. Indemnification and Insurance. a) Tyler shall indemnify and hold harmless Client and its agents, officials and employees from and against any and all direct claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) for personal injury or property damage arising from Tyler's negligence or willful misconduct. b) To the extent permitted under applicable law, Client shall indemnify and hold harmless Tyler and its agents, officials and employees from and against any and all direct claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) for personal injury or property damage arising from Client's negligence or willful misconduct. c) Tyler shall obtain and maintain insurance as required in Exhibit 4. 4. Limitation of Liability. In no event shall Tyler be liable for special, indirect, incidental, consequential, or exemplary damages, including,without limitation, any damages resulting from loss of use, loss of data, interruption of business activities, or failure to realize savings arising out of or in connection with the use of the Tyler Software Products, Services, or Third Party Products. Tyler's liability for damages and expenses arising from the Tyler Software Products or Services, whether based on a theory of contract or tort, including negligence and strict liability, shall be limited to the Fees set forth in the Investment Summary related to the defective product or service. Tyler's liability for damages and expenses arising from the Third Party Products, whether based on a theory of contract or tort, including negligence and strict liability, shall be limited to the license fee/purchase price of the Third Party Products. Such fees reflect and are set in reliance upon this limitation of liability. 5. Disclaimer. THE RIGHTS, REMEDIES, AND WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER RIGHTS, REMEDIES, AND WARRANTIES EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SYSTEM INTEGRATION, WHICH 5 ARE HEREBY DISCLAIMED BY TYLER. 6. Dispute Resolution. The parties agree to notify each other within fifteen (15) business days of becoming aware of a dispute under this Agreement("Dispute Notice Date"). The parties further agree that, before resorting to any formal dispute resolution process, they will first engage in good faith negotiations in an effort to find a solution that serves their respective and mutual interests. Party principals agree to participate directly in these negotiations. Unless otherwise agreed in writing, the parties shall have fifteen (15)business days from the Dispute Notice Date to begin these negotiations, and thirty (30) days from the Dispute Notice Date to complete these negotiations. All such negotiations will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Civil Procedure 408 and/or any similar applicable state rule. Thereafter, either party may assert its other rights and remedies under this Agreement within a court of competent jurisdiction. Nothing in this Article will prevent a party from applying to a federal or state court of competent jurisdiction to obtain injunctive relief pending resolution of the dispute through the dispute resolution procedures set forth herein. 7. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of Tyler and Client. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. 8. Governing Law. This Agreement will be governed by and construed in accordance with the laws of Client's state of domicile. 9. Severability. If any term or provision of this Agreement or the application thereof, to any extent,be held invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable will not be affected thereby, and each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law. 10. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by Tyler or Client, such non-enforcement shall not act as or be deemed to act as a waiver or modification of this Agreement, nor shall such non-enforcement prevent Tyler or Client from enforcing each and every term of this Agreement thereafter. 11. Amendment. This Agreement may only be modified by written amendment signed by authorized representatives of both parties. 12. Termination. a) Termination for Cause. Client may terminate this Agreement for cause in the event Tyler does not cure a material breach of this Agreement within thirty (30) days of receiving notice of such breach from Client. Upon such termination, Client shall pay Tyler for all services and expenses not in dispute and non-Defective Tyler Software Products which were delivered or incurred prior to the date Tyler received Client's notice of termination. Payment for services and expenses in dispute will be determined in accordance with the dispute resolution process. b) Termination for Non-appropriation. If Client should not appropriate or otherwise make available funds sufficient to purchase, lease, operate or maintain the products set forth in this Agreement, or other means of performing the same functions of such products, Client may unilaterally terminate this Agreement only upon thirty (30) days written notice to Tyler. Upon termination, Client shall remit payment for all products and services delivered to Client and all expenses incurred by Tyler prior to Tyler's receipt of the termination notice. Client will not be entitled to a refund or offset of previously paid license and other fees. 13. No Assignment. Neither party may assign its rights and responsibilities under this Agreement without prior 6 written permission of the other party, not to be unreasonably withheld, Except that Tyler may,without prior written consent of Client, assign this Agreement in its entirety to the surviving entity of any merger or consolidation or to any purchaser of substantially all of Tyler's assets. 14. Successors and Assigns. This Agreement shall inure to the benefit of and be binding on the parties hereto and their permitted successors and assigns. 15. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities. Each party agrees that it shall not disclose any confidential information of the other party and further agrees to take appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement for a period of two (2)years. This obligation of confidentiality will not apply to information that: a)At the time of the disclosure is in the public domain; b) After disclosure, becomes part of the public domain by publication or otherwise, except by breach of this Agreement by a party; c)A party can establish by reasonable proof was in that party's possession at the time of disclosure; d)A party receives from a third party who has a right to disclose it to that party; or e) Is subject to Texas Public Information Act (Texas Government Code Chapter 552) requests, only to the extent disclosure is based on the good faith written opinion of the receiving party's legal counsel that disclosure is required by law: provided, however, that that receiving party shall give prompt notice of the service of process or other documentation that underlies such requirement and use its best efforts to assist the disclosing party if the disclosing party wishes to obtain a protective order or otherwise protect the confidentiality of such confidential information. The disclosing party reserves the right to obtain protective order or otherwise protect the confidentiality of its confidential information. 16. Shipping. Delivery shall be F.O.B. shipping point. 17. Payment Terms. a) Tyler shall invoice Client $134,833.75 upon the Effective Date. Such amount equals 25% of the license fees for the Tyler Software Products. b) Tyler shall invoice Client $323,601.00 when Tyler has made the Tyler Software Products available to Client for downloading. Such amount equals 60% of the license fees for the Tyler Software Products. c) Tyler shall invoice Client the Hardware fees of $16,000.00 and the year 1 Hardware maintenance fees of $2,430.00 upon delivery of such Hardware. d) Tyler shall invoice Client $80,900.25 upon the earlier of(i) the first use of a Tyler Software Product in live production, or(ii) one hundred eighty(180) days from the date Tyler made the Tyler Software Products available to Client for downloading. Such amount equals 15% of the license fees for the Tyler Software Products. e) Tyler shall invoice Client $800.00 for the Hosted Applications set-up fee and$1200.00 for the year one Hosted Applications annual fee upon availability of such services. The Hosted Applications are provided subject to the terms of the Company Web Services - Internet Based Products Subscription Agreement Terms and Conditions attached hereto as Exhibit 5. f) Tyler shall invoice Client fees for services,plus expenses, if and as provided/incurred. g) Tyler shall invoice a 50% deposit for modifications upon delivery of specifications and 50% upon delivery of modification. Tyler will perform a modification upon receipt of written notice to proceed from Client. Client will have thirty (30) days from delivery of a modification to test such modification. In the event Client does not report an issue with such modification to Tyler within such thirty (30) day period, the modification will be deemed in compliance with the specifications. h)Prices do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy. i)Payment is due within thirty (30)days of the invoice date. j) Maintenance fees are waived through the earlier of(i) ninety (90) days after use of a Tyler Software Product in live production, or (ii) one hundred eighty (180) days from the date Tyler made the Tyler Software Products available to Client for downloading. Subsequent annual Maintenance fees will be due on the anniversary of such 7 date. 18. Electronic Payment. Tyler prefers to receive payments electronically. Tyler's electronic payment information is as follows: Bank: Wells Fargo Bank,N.A. 420 Montgomery San Francisco, CA 94104 ABA: 121000248 Account: 4124302472 Beneficiary: Tyler Technologies Inc. —Operating 19. Entire Agreement. This Agreement represents the entire agreement of Client and Tyler with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Client hereby acknowledges that in entering into this Agreement it did not rely on any information not explicitly set forth in this Agreement. 20. Multiple Originals and Signatures. This Agreement may be executed in multiple originals, any of which shall be independently treated as an original document. Any electronic, faxed, scanned, photocopied or similarly reproduced signature on this Agreement or any amendment hereto shall be deemed an original signature and shall be fully enforceable as if an original signature. 21.Notices. a) All notices or communications required or permitted as a part of this Agreement will be in writing (unless another verifiable medium is expressly authorized) and will be deemed delivered when: i)Actually received, ii)Upon receipt by sender of a certified mail,return receipt signed by an employee or agent of the party, iii)Upon receipt by sender of proof of email delivery, or iv) If not actually received, ten (10) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the respective other party at the address set forth in this Agreement or such other address as the party may have designated by notice or Agreement amendment to the other party. b) Consequences to be borne due to failure to receive a notice due to improper notification by the intended receiving party of a new address will be borne by the intended receiving party. The addresses of the parties to this Agreement are as follows: City of Corpus Christi Tyler Technologies, Inc. PO Box 9277 551953 rd Street Corpus Christi, Texas 78469 Lubbock, Texas 79414 Michael Armstrong - CIO Albert Mendoza—Contract Specialist 22. Independent Contractor. This is not an agreement of partnership or employment of Tyler or any of Tyler's employees by Client. Tyler is an independent contractor for all purposes under this Agreement. 23. Tyler Products and Services. Client may purchase additional Tyler products and services at then-current list price,pursuant to the terms of this Agreement,by executing a mutually agreed addendum. Signature Page Follows 8 IN WITNESS WHEREOF, persons having been duly authorized and empowered enter into this Agreement. City of Corpus Christi, TX Tyler Technologies, Inc. By: By: Name: Name: Title: Title:_/'l ej'fAe"14 lev Date: Date: 9 Exhibit 1 Ii nvestmrr e nQ Summary vav Michael Armstrong v qre� Wier r�ie City of Corpus Christi,TX � Contract YD#: 2013-0278 Prepared for: City of Corpus Christi,TX Contact Person: Michael Armstrong Issue Date: 11/15/13 Address: PO Box 9277 Colons Christi,TX 78469 Salesman: L.Midkiff Phone: (361)826-3740 Fax: (361)826-4416 Email: michaeladNcctexas.com axExempt Yes/No Tnoduct,Servgc'e&Ey>lfpm nt Milestene?kl, Milestone,#2 Milestone#_A, AsPregressciccuns Totals 'Mainten`ance,: Total Hardware&System Software 16,000.00 16,000.00 2,430.00 Total Applications Software 134,833.75 323,601.00 110,324.00 License Fees-INCODE Court Case Management Suite 70,497.75 469,985.00 License Fees-INCODE Document Management Suite 4,140.00 27,600.00 License Fees-Custom 6,262.50 41,750.00 11,750.00 Total Professional Services Hardware Services 750.00 750.00 On-Site Services 88,000.00 88,000.00 Final Implementation 15,000.00 15,000.00 Project Management 35,000.00 35,000.00 Data Conversion&Assistance 30,000.00 9,000.00 39,000.00 Network Services 600.00 Tyler Online Training Center 5,000.00 Utals 1 04,833',7$1 339,611,00 14$,40'U5 112,7$11,00 733,45,06, ilt)l Please Note:Travel expenses will be billed as incurred.NJPA k 113011-TTI Please Note:Incode Notification fees are not included in the totals above.See Incode Notification page for detail and billing schedule. tnffled Fees Monthly Fees— Total Monthly Services 800 100 Internet Services and P cduccc "Please note this is not an Annual agreement,the fees listed herein are monthly fees. Totals' ._1809 10Q:.' 10 Softwar Il.Acein ses 'lerMichael Armstrong ty City of Corpus Christi,TX November 15,2013 .�A P.p !icaflon Software Qll'y 11 icense F'ee Annuall F!ee ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .............Ilrncode 222.!122. 9 !! ilte 1 457,400 101,483 .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Criminal Court Case Management Tyler Jury Module Centralized Cash Collections Incode Auto Scheduling (Warrant Scheduling,Macro Scheduling,Citation Import Scheduling) Online Search Officer Email Notification Citation Issuing Device Interface Court Incode Web Services DMV/Scofflaw Program Interface Court/Police(non-Incode)Interface (Import or Export of Citations/Warrants/Dispositions) General Ledger(non-Incode)Interface GIS/Street Index Extract Jury Data Import Collection Agency Export Interface Custom Alerts(10) ilte 1 27,600 6,072 ....................................................................................................................................................................................................................................................................................................................................................................................................................................................... Incode Printing and Reporting Solutions Secure Signatures(includes 10 signatures) Report Writer 1 Database ERD(Entity Resource Diagram) Output Director Output Director (Base Engine,Print Output Channel, Tyler Content Management Output Channel,Email Output Channel) Laserfiche Output Channel Content Management Laserfiche Court Suite Interface .............52. 22�2!�LP P. p ��Xlces 12,585 2,769 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... System Software System Software ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Incode Application Subtotall 485,000 107,555 Systeirni Software Subtotall 12,585 2,769 ........................................................................................................................................................................................... Application and Systeirni Software"ll'otall 49-7,585 110,324 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 11 d� Software 11 iiceinses 04, tyler Michael Armstrong City of Corpus Christi,TX November 15,2013 Annuall Custaxm If"irax irauinmiiin a 'TY l:ase Il...iicense Fee Maintenance ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. Custaxm Ilinteir as elCustaxrin If12 iru.=1n Court Room Screen Interface to display courtroom schedules(Screen not provided) 1 6,000 1,500 Ability to use Federal Information Processing Standards(FIPS)for geographic location of offense(we need to discuss this further to accurately quote) TBD Attorney Filling Portal 15,000 3,750 System should scan the vehicle description for words that identify a Commercial Motor Vehicle(CMV)(e.g.,Peterbilt)to make sure the CMV box is marked to identify the citation as a CMV violation.If the vehicle is a CMV and the CMV box is not marked then prompt the user to verify the accuracy of the CMV box 2,500 2,500 Allow case participants to check themselves in at a kiosk with identification validation 6,000 1,500 Provide the ability to access case information via a courthouse kiosk Included above Officer Scheduling(Interface to other agencies for scheduling) 10,000 2,500 Inforsol Data Extract from Third Party Party(Bob Greer)-travel included 2,250 ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Custom Iliateirrace/lf"irogirarinrmiiing Subtotall 41,750 11,750 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Custom Ilinteirrace lif"irogirauinmiiing'Totall 411,750 1111,750 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. 12 Pirofessibinall Seirviices Michael Armstrong tylier, City of Corpus Christi,TX November 15,2013 .�A P.p !icaflon Professionall Services Suirnirnai.ry lirnated Hours 11Hstlirnated Services .............................................................................................................................................................................. ................................................................................................................................................................................... Implementation Services Court Case Management Suite 640 80,000 Content Management Suite 64 8,000 Conversion Services Court Case Management Suite 72 39,000 IIMCOIDII:..'IProtessiiornall Services Project Management 35,000 Final Implementation Services 120 15,000 ................................................................................................................................................................................................................................................................................. Professionall Services"ll'otall 896 1-77,000 ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 11:.:'stlirnated 11:.:'sflirnated I a Services 113realkdown Qll'y Hours Services 2.......................................................:....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .............I.incode Court Case IMarna .................................................................................... ..12!..§.2�P..................................................................................................................................................................................................................................................................................................................................................................................................................... Criminal Court Case Management 1 520 65,000 Tyler Jury Module 1 80 10,000 Centralized Cash Collections 1 40 5,000 Incode Scheduling 1 N/A (Warrant Scheduling,Macro Scheduling,Citation Import Scheduling) Online Search 1 N/A Officer Email Notification 1 N/A Citation Issuing Device Interface 1 N/A Court INCODE Web Services 1 N/A DMV/Scofflaw Program Interface 1 N/A Court/Police(non-INCODE)Interface 1 N/A (Import or Export of Citations/Warrants/Dispositions) General Ledger(non-INCODE)Interface 1 N/A GIS/Street Index Extract 1 N/A Jury Data Import 1 N/A Collection Agency Export Interface 1 N/A Custom Alerts 6 N/A ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Court Case Management Suite Subtotall 640 80,000 Incode Content Mana ement Suite ................................................................................................................2........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Incode Printing and Reporting Solutions Secure Signatures(includes 2 signatures) 1 N/A Report Writer 1 N/A Database ERD(Entity Resource Diagram) 1 N/A Output Director Output Director 1 16 2,000 (Base Engine,Print Output Channel, Tyler Content Management Output Channel, Email Output Channel) Laserfiche Output Channel 1 N/A Content Management Laserfiche Court Suite Interface 1 48 6,000 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Content Management Suite Subtotall 64 8,000 Professionall Services ......................... ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Professional Services Project Management 35,000 Final Implementation 120 15,000 Professionall Services Subtotall 120 50,000 13 Pirofessibinall Seirviices G'*11�@' t er Michael Armstrong %* 1 G"'* City of Corpus Christi,TX November 15,2013 Conversion E.Estlirnated E.Estlirnated Conversion Cornveirsiiorn Services Prograirnirning F'ee Hours Services Services ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............. Court Alp 1p !i'aflons F...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Criminal Court Case Management Citation/Case Information 30,000 72.0 9,000 39,000 Violation(offense)Information Included Fee/Fine/Cost Assessments Included Fee/Fine/Cost Payments Included Fee/Fine/Cost Non-Cash Credit Included Bond Information Included Warrant Information Included Officers Included Witnesses Included Defendants Included Offense Code Master Included Vehicles Included Attorneys Included Citation History Included Receipts Included ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Conversion Services Subtotall 30,000 72 9,000 39,000 ................................................................................................................................................................................................................................................................................................................................................................ Conversion Services"ll'otall 30,000 '72 9,000 39,000 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 14 s1hi Collection liardwaire Michael Armstrong City of Corpus Christi,TX ' November 15,2013 IV1is,c.Hardware and Networ,k E poi ment QTY Price Maintenance Maintenance SOUrce ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.9 P,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,. Cash Collection All TM-H6000IV printers include PS-180 power supply,ribbon,USB Cable and 50 roll case of paper Epson TM-H60001V Thermal Receipt Printer-Black,USB NEW 10 9,000 2,0301NCODE-12 mos warranty "'ALL MEDIA PLUS CASH DRAWERS ARE:5'high,16”deep,17"wide Media Plus Automated Cash Drawer-Black NEW(INCODE) 10 2,000 4001NCODE-12 mos warranty Mag Stripe Reader-V9.0 10 850 EyeBall Cameras-Logitech 10 650 Topaz Signature Pad T-1_462-USB On-Premise Court Sites 10 3,500 Hardware 4&Sysrtern Software Subtotal 16,000 2,430 Installation&Configuration ofSystenn 750 ............................................................................................................................................................................................................................................................................................................................................................ Hardware and Systern Software Total 16'.750 2,430 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. 15 Flosted ApIpflicabions a'01 Michael Armstrong City of Corpus Christi,TX ty'ler, November 15,2013 Sei ice Q'I'y Charges Inifiall Year Annuall 11:!ee ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... . .............Ctiflzen Poirtall ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... One Time Setup Fee 1 800 800 Hardware Configuration DNS registration INCODE Court Online Component Monthly support/maintenance fee 100 /month 1,200 1,200 Display of citation/citations for payment Display of Payment Plans Payment Options Drivers Safety Course Deferred Disposition Make Payment Collects plea from defendant Security--SSL(Secure Socket Layer) Payment Processing-Credit Card •Payment packet is created to be imported to Court System NOTE Defendant pays$2.50-$3.50 fee per transaction for payment on-line. Hosted Applications"ll'otall 2,000 1,200 ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 16 IIINCOIDIE IN otifflication Michael Armstrong �rm tyler City of Corpus Christi,TX November 15,2013 ervice Annuall Cases Charges Annuall 11::!ee .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. IIMCOIDII:..'IMotiifiicafiiorn for Courts INCODE Notification for Courts($1 per violation) 25,000 1.00 /violation 25,000 Defendant Notification by Phone Call can be made for: •Citation Issued -Court DateReminder •Court Date Missed,Notify of Next Step -Warrant Issued •Payment Plan due date reminder •Etc. Case updated after call -Call taken live -Left message •No answer Court creates unique message for each call type Call message can be English or Spanish Call Attorney,rather than Defendant Note:The Court will be billed for the cases in which calls are made. The$1.00 charge per violation includes up to 4 calls per violation,as shown above. The Court will be billed by Tyler Technologies monthly for the calls conducted. Estimated Monthly Fee $ 2,083.33 IIMCOIDII:..'IMotiifiicafiorn 11::!or Court"ll'otall 25,000 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... R011 Annual Cases 25,000 Estimated Citation Amount Less State Fees($180-$95) $ 85.00 Annual INCODE Notification for Court Fee 25,000 113realkeven IPoiirnt Additional Cases Closed Annuall 294 1.18% (Annual Fee/Est.Ticket Amount Less State Fees) 17 !"yUeirOnDemmaind - !"yUeirOnUfine 1"irafinfing Center Michael Armstrong �uT'� t cxvm Corpus chnoo.rx —��.=/wm~° November 15.uo10 ice e."ll'rain a Center Tyler Online Training Center 5,000 ononforAusmn/"voovuur/novuuv"r/pt/"nnor/"u Unlimited Access m Live woumars and Archived woumars Unlimited Access mSelf Study Courses Available 24/7 Continuing Professional Education Credit with mAuaAStandards Live wou/nars conducted monthly with an estimated ouwmumarsannually Over*a Online Self Study Courses General business knowledge and Microsoft Office software based courses Courses cover a variety of topics that span the entire suite of/muoosapplications " Court New wou/nars and Self Study Courses added throughout the year Tyler Technologies,Inc.isregistered with the National Association of State Boards ofAccountancy(NASBA)as a sponsor of continuing professional education on the National Registry of CPE Sponsors.State boards of accountancy have final authority on the acceptance of individual courses for ups credit.Complaints regarding registered sponsors may uo addressed m the National Registry mups Sponsors, /xopvmm Avenue North,Suite mo'Nashville, TN,x7//9-2w/r Web site: wwwuoasba.uo n'yner Onnnne"ll'irannnng Center"ll'm«an 5,000 18 • f y <sG, System Implementation City of Corpus Christi ("City") for its Municipal Court Court Case Management Revision History Author Date Document Created Donna Martindale 11/06/2013 Document Modified Donna Martindale 11/22/2013 Page 1 of 41 unlVlu, AUu t411� m�pu For more information,visit www.tylleirtech.coiin Empowering peopllle whio serve the Ipu btic'" •uUUa14ll11 tyler,r,lnlr:k)�Y,K,y System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court Section1. Project Overview......................................................................................................................................3 1.1 Project Description..................................................................................................................................3 1.2 Project Deliverables................................................................................................................................4 Section2. Project Scope.........................................................................................................................................10 2.1 Infrastructure........................................................................................................................................10 2.2 Tyler Software.......................................................................................................................................11 2.3 Professional services.............................................................................................................................18 2.4 Custom Programming...........................................................................................................................19 2.5 Data Conversion Services......................................................................................................................21 2.6 Additional Services................................................................................................................................24 Section3. Project Timeline.....................................................................................................................................26 3.1 Project Phases.......................................................................................................................................26 3.2 Project Lifecycle....................................................................................................................................26 3.3 Project Schedule....................................................................................................................................29 Section4. Project Team..........................................................................................................................................30 4.1 Project Organization .............................................................................................................................30 4.2 Tyler Roles and Responsibilities............................................................................................................30 4.3 City Roles and Responsibilities..............................................................................................................32 4.4 Responsibility Matrix.............................................................................................................................34 4.5 Project Contact List...............................................................................................................................37 Section 5. Project Management.............................................................................................................................38 5.1 Schedule Control—Status Reporting ....................................................................................................38 5.2 Quality Control—Issue Management....................................................................................................38 5.3 Cost Control—Budget Management.....................................................................................................38 5.4 Scope Control—Change Management..................................................................................................38 5.5 Risk Control—Risk Management..........................................................................................................39 Section6. References.............................................................................................................................................40 6.1 Tyler Policies and Standards..................................................................................................................40 Page 2 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court Section 1. Project Overview This Statement of Work and Price List("SOW")document describes the project to be undertaken by Tyler Technologies (Tyler)on behalf of City of Corpus Christi ("City")for its Municipal Court in accordance with Contract Number 2013-0278 (the "Agreement")to which it is attached as Exhibit 2. The objective of the project is to replace current business systems and processes with Tyler's Municipal Court Case Management software (the "System") in order to help the City realize industry best practices, better manage information resources,and build the foundation for e-government initiatives. The project will take ten (10) months or less to implement from the date of the contract signing. Tyler has facilitated similar projects under similar timeframes, and represents that the System can be implemented in this timeframe. The City desires to approach the project tasks within timeframes that are reasonable for completing work in a thorough and accurate fashion, however Tyler has been made aware of the critical urgency to the City of the timely installation of a correctly functioning System. The project schedule dates are based on conservative estimates of task duration, and these dates will be confirmed or revised, by the Director for the City if necessary, as the project progresses. Page 3 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court 1.2 Piro�ject IDehv ire lbll ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ QT License Fees Annual Fees Hours Service Software Criminal Court Case Management 1 457,400 114,350 -Centralized Cash Collections -Tyler Jury Module -Custom Alerts(10 alerts included) - Incode Auto Scheduling (includes warrant, auto citation &citation import scheduling) -Online Search -Officer Email Notification -Secure Signatures(10 signatures included) - Data Dictionary/ERD -Tyler On-Line Training Center 5,000 -Tyler Community Tyler Output Director 1 27,600 6,900 System Software 1 12,585 3,146 Page 4 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... License Fees Annual Fees Hours Service Total Interfaces Citation Issuing Device Interface Included General Ledger(non-incode) Interface Included Court to Police(non-Incode) Interface Included DMV/Scofflaw Program Interface Included Collection Agency Export Interface Included GIS/Street Index Extract Included Jury Data Import Included Included Total Software 497,585 129,396 Page 5 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... License Fees Annual Fees Service Custom Programming Court Room Screen Interface to display schedules(screen not provided) 1,500 6,000 Ability to use Federal Information Processing Standards(FIPS)for geographic location of offense (Client and Tyler will further discuss the Client's needs and specifications under this requirement to determine scope and cost of work to be provided. Pending finalization,this quote cannot be accurately determined.) TBD Attorney Filing Portal 3,750 15,000 System should scan the vehicle description for words that identify a Commercial Motor Vehicle (CMV)e.g. Peterbilt to make sure the CMV box is marked to identify the citation as a CMV violation. If the vehicle is a CMV and the CMV box is not marked, prompt the user to verify the accuracy of the CMV box. 2,500 2,500 Allow case participants to check themselves in at a kiosk with identification validation 1,500 6,000 Provide the ability to access case information via a Include courthouse kiosk Included d Officer Scheduling(interface to other agencies for scheduling) 2,500 10,000 Inforsol Data Extract from Third Party(Bob Greer)— Travel Included 2,250 Total Custom Programming(known at this time) 41,750 Page 6 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... QT Annual Fees Service Annual Services Tyler Notification for Courts ($1 per violation) (estimated annual violations 25,000, so the annual estimated fee to be billed to the City) 25,000 -Defendant Notification by Phone -Calls can be made for: Citation issued, Court date reminder, Court date missed, Notify of next step, Warrant issued, Payment plan, etc. -Case Updated after call: Call taken live, Left message, No answer -Court creates unique message for each call type -Call message can be English or Spanish Incode Web Component -Set up Fee(hardware configuration, DNS registration) 1 800 - Hosting 1,200 - Support/Maintenance 1,200 (Defendants pay$2.50-$3.50 fee per transaction for payment online) Note: INCODE's Online modules support merchant accounts through ETS and Authorize.net. Total Annual Services— 26,200 Page 7 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... License Fees Annual Fees Hours Service Total Professional Services Criminal Court Case Management 640 80,000 Tyler Output Director with Laser Fiche Interface 64 8,000 Final Implementation Services 120 15,000 Tyler Project Management 35,000 Estimated Travel Expenses 43,959 Court Case Management Conversion Programming Fees 30,000 Court Case Management Conversion Services 72 9,000 Total Professional Services 896 220,959 Page 8 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Purchase Price Annual Fees Cash Collection Equipment Epson TM-H60001V Thermal Receipt Printer-Black, USB 10 9,000 2,030 Media Plus Automated Cash Drawer-Black 10 2,000 400 Mag Stripe Reader -V9.0 10 850 Topaz Signature Pad T-1_462-USB-On-Premise 10 3,500 Logitech Eyeball Cameras 10 650 Installation and Configuration 750 Total Hardware 16,750 2,430 Page 9 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court Section 2. Project Scope The purpose of this section of the SOW document is to further define and describe the products and services that Tyler will provide. In order to conduct a successful implementation project, it is essential that the parties involved are all aware of the activities that will take place and the assumptions that the parties are operating under in order to deliver the expected business value. Each of the products and services listed in the Project Deliverables is represented below with a description and a list of activities and assumptions. In the Project Deliverables section many of the products and services are associated with an estimated number of implementation service hours. These hours are estimates of the implementation time required for Tyler to perform the activities listed that Tyler is responsible for. The accuracy of these estimates is dependent on the City performing according to their responsibilities and also upon the validity of the assumptions put forth. If these responsibilities or assumptions shift, the time required to deliver the products and services will likely be affected. Any changes to the project that increase the Purchase Price set forth in the Agreement will require an amendment to the Agreement,as described in the section 5.4 below. I in firastiruCtU re Tyler software solutions are designed to perform on hardware and network configurations of reasonable speed and strength. In order to ensure that the processing environment is suitable for running Tyler applications, Tyler Network Services staff conducts a Hardware Verification before the software is installed on the City's systems. This verification process consists of an interview with the designated contacts for the City, collection of relevant configuration documentation, and occasionally the execution of one or more monitoring programs that will inspect and catalog the configuration of the City's servers, workstations, and network. 2.1.1 Server Hardware The purchase and configuration of server hardware its iNoiii included in the scope of the Agreement. The City will purchase and/or provide server hardware, operating system,and database software for the Tyler solution and these systems will meet or exceed the system requirements documented by Tyler. 2.1.2 Network Hardware The purchase and configuration of network hardware its iNoiii included in the scope of the Agreement. The City will purchase and/or provide network hardware, operating system, and management software for the Tyler solution and these systems will meet or exceed the system requirements documented by Tyler. 2.1.3 Workstation Hardware The purchase and configuration of workstation hardware its i4or included in the scope of the Agreement. The City will purchase and/or provide workstation hardware, operating system, and productivity software(such as Microsoft Office)for the Tyler solution and these systems will meet or exceed the system requirements documented by Tyler. 2.1.4 Document Imaging Scanner Hardware The purchase and delivery of specific document imaging scanner hardware is Nor included in the scope of the Agreement. 2.1.5 Cash Collection Hardware The purchase and delivery of specific cash collection hardware is included in the scope of the Agreement. Activities and assumptions: • Tyler will order the hardware and have it delivered by the supplier directly to the City site. • City is responsible for placing the hardware at the desired workstations and installing the hardware according to the package instructions. Page 10 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court • City will be first line of support for the hardware. 2.1.5.1 Epson TM-1-16000 Thermal Receipt Printers Thermal receipt printers are used in conjunction with Cash Collections to print receipts for payments taken and endorse checks received in the Incode system. Activities and assumptions: • Tyler will provide an initial supply of receipt paper. City is responsible for procuring additional receipt paper, as needed. • Receipt printers must be connected directly to an Incode workstation via USB cable. Receipt printers can be connected directly to a network and shared with the purchase of an optional Ethernet adapter card (not included). 2.1.5.2 Media Plus Automated Cash Drawers Automated Cash Drawers are used in conjunction with Cash Collections to manage and secure cash, check,and other currency. The opening of the drawer can be driven by a receipt printer through the connection of an included cable. 2.1.5.3 Magnetic Stripe Readers Magnetic stripe readers are used in conjunction with Cash Collections to read and process credit card account information. These readers can also be used in conjunction with Court Case Management or Public Safety to read driver's license information in applicable states. 2.1.5.4 Topaz Signature Pads Signature pads are used in conjunction with the Court Case Management software to capture signatures of defendants and other parties for inclusion in Microsoft Word documents produced by the court. 2.1.5.5 Logitech Court Eyeball Cameras Eyeball cameras are used in conjunction with the Court Case Management software to capture pictures of defendants to associate with their master name records. Tyler products will be implemented "off the shelf' with the selected customizations or modifications detailed in the Agreement and in this SOW in section 2.4 below. Any additional customizations or modifications identified or requested will be quoted on a time and materials basis and will be the subject of a separate contract amendment in accordance with the contract requirements set forth in 5.4 below. The software products and license files are made available for download via FTP site within thirty days of Agreement signing. Tyler is responsible for installing the software products on the City's server infrastructure and instructing the City on how to install the workstation components.The City is responsible for installing the components on the workstations. Activities and assumptions: • City of Corpus Christi will identify one or more Subject Matter Experts(SME)with knowledge of the key business processes to be performed in each suite of applications to work with Tyler staff on configuration and testing of the application. • City of Corpus Christi staff will complete project planning survey and application questionnaires and return them to Tyler for review and implementation planning. Tyler may coordinate a conference call with the City to discuss the information provided and resolve any questions or issues. Page 11 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court • Tyler will provide access to the Tyler Online Training Center to the City and identify prerequisite courses to prepare the staff for implementation.The City is responsible for having each of the End Users complete the prerequisite courses. • Tyler will set up the base configuration of the application according to the information provided,with the assistance of the City. The Court staff will be responsible for maintaining these settings on an on-going basis. • The City is responsible for completing any remaining configuration work. The Court staff will complete this "homework" prior to the Implementation Consultant's return for training and go-live. • The Court staff is responsible for entering any business data—people, addresses, accounts,transactions, etc.—into the system that is not converted as part of the scope of the Agreement. The implementation service hours estimated on the Agreement do not include time for Tyler personnel to perform manual entry of business data. Court staff is responsible for establishing configuration and business rules. • Tyler will train the City's key personnel on the key business processes to be performed in the application. The method and amount of training provided will depend on the number of implementation hours estimated in the Agreement. • Tyler will work with the City to establish a process for ending processing in the legacy system and beginning processing in the Tyler system. Tyler does not support parallel processing—keeping two systems active and duplicating effort in each system after the Tyler system has"gone live". • Tyler will support the go-live process by answering questions from City End Users, providing follow up training, and resolving issues that may arise. 2.2.1 Court Case Management Suite Tyler's Court Suite will function as a fully integrated,graphical application that provides bond management, probation tracking, document management,and automated processing.The unique"Control Center" will give users all of the information on citations and defendants on one screen with extensive search and filter options. 2.2.1.1 Criminal Court Case Management Tyler's Incode Court Case Management tracks all aspects of the court and its officers. It is a fully integrated, graphical application that provides effective case management, document processing, and cash/bond management. Utilizing a variety of user-defined options, it will be configured to fit the City court's individual needs. Users will be able to create master files for persons, officers, and vehicles, thus eliminating duplicate data entry for every case or citation. Existing information will be easily located and attached to a new case. This system will fully comply with all state reporting and conviction reports. This includes electronic reporting. Activities and assumptions: • Tyler may consult with the City regarding the development of new business processes. The City is responsible for finalizing and approving the new processes prior to the configuration of the application. • Base configuration of the application includes the following—security,general ledger accounts,fee codes, speeding tables, offense codes, and the court calendar. This configuration will be performed on-site by the Tyler Implementation Consultant. • Configuration homework for the City may include the following: • Manual entry of data elements not included in the data conversion included in the scope of the work • Creation and testing of Microsoft Word templates and complaint bodies • Creation and testing of disposition macros and queues. • Tyler will train the City on the following business processes: o Citation entry Page 12 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court • Case disposition • Court calendar and scheduling • Warrant processing • Bond processing(including forfeitures and refunds) • Cash collections • Document creation • Macro and queue creation • State reporting • The City is responsible for ensuring the payments due to other entities by the Court have been fully distributed prior to the go-live of the application. 2.2.1.2 Centralized Cash Collections Cash Collections facilitate detailed tracking of all cash transactions including operator, terminal, and batch information, allowing improved cash drawer balancing and detailed audit trails. This cashiering product accepts multiple payment types and will provide easy-to-use reporting, auditing, and payment entry capabilities. Activities and assumptions: • Tyler will set up the base configuration of the Cash Collection system—system file,terminals, departments, operators, and transaction codes—with the assistance of the City staff. City will be responsible for maintaining these settings on an on-going basis. • Tyler will set transaction codes with the desired General Ledger accounts. The City will verify final listing of General Ledger accounts interfaced with the Cash Collections system prior to the go-live of the application. • Tyler will train the City on the following business processes: • Payment processing • End of day close out 2.2.1.3 Court Incode Web Services Tyler will install an application programming interface (API) that allows for an alternative method of sending/receiving data to/from the Incode application. Using the API, a third-party system may request information about citations from Incode, and, the third-party system may submit or update citation information. The API requires the third party to utilize a Microsoft NET Dynamic Link Library (DLL) and requires web services to be configured to connect to the Incode application server. Activities and assumptions: • Tyler will install and configure the web services and provide technical documentation for utilizing the API. • The design, development and testing of third-party interfaces using the API is the responsibility of the City and the third-party vendor. • Prior to being given access to the API,the third party vendor will be required to execute a non-disclosure agreement with Tyler. 2.2.1.4 Custom Alerts—10 Included The Custom Alerts framework will activate rules with corresponding notifications (alerts). Once rules are selected, anytime a case is changed, the application will check the activated rules to determine if any apply to the given situation and prompt Page 13 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court the user with an alert message related to that situation.There will be flexibility with each alert regarding whether the user is allowed to continue past the alert or if the user is not allowed to continue. The scope of the work includes the design and development of 10 custom alerts. Tyler will work with the City to identify any alerts that may be required and ensure that the required controls cannot be managed through existing functionality in the system. Each custom alert that is requested will be produced and delivered as a custom development task and governed by the activities and assumptions of the Custom Programming section of this SOW. 2.2.1.5 Incode Scheduling This program will be used to schedule, manage, and monitor automated jobs in the Incode Court software application.This feature will run Incode processes that may be time-consuming or resource intensive at a time that is convenient to users and ensures that repetitive tasks are accomplished consistently. The console includes an event log thatill verify that a process has run and handle any errors or warnings that may have occurred, and it contains a Launch function that will manually run a process at an unscheduled time. Activities and assumptions: • Tyler will install the application and instruct the City on its use. • Tyler will assist in troubleshooting issues with the application. The City is responsible for establishing the required settings and schedules and for testing the application. 2.2.1.6 Online Records Search Online Records Search (ORS) is a Tyler Technologies product offered through the Local Government Division. This online product works in conjunction with Tyler's Incode Court Case Management applications. ORS will allow users to view criminal records in City Incode database and, when paired with an InSite subscription, immediately make a payment using the online payments site. The City can customize ORS so that it can be used as a view- only site, an internal site, or a warrants-only site. Activities and assumptions: • Tyler will send the City documentation for the ORS components that includes a survey for the City to complete. City will complete the survey, and Tyler will rely upon the survey responses in configuring the ORS components. • Tyler will install the web service components on the Incode application server. • Tyler will conduct training sessions for the City's staff to instruct on configuration and use of the online components • Tyler will assist in troubleshooting issues with the application. The City is responsible for establishing the required settings and for testing the application. 2.2.1.7 Officer Email Notification Officer Email Notification will automatically send officers an email notification when their attendance is required in court. When a case is set for docket on a calendar session set to notify officers (for instance, a trial docket calendar session), the issuing officer and any officer witnesses will be sent an email automatically by the System informing them of the requirement to appear at a specified date, time and location and the details of the case. If the date, time, or location changes, a subsequent automatic email with updated information will be sent. If the case status is changed to one not associated with a relevant calendar type (i.e. a calendar type set to notify officers), a cancellation notice will be sent automatically. Activities and assumptions: • Tyler will install the application and instruct the City on its use. Page 14 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court • Tyler will assist in troubleshooting issues with the application.The City is responsible for establishing the required settings and schedules and for testing the application. 2.2.1.8 Secure Signatures(includes 10 signatures) Tyler's Incode Secure Signatures increases efficiency by attaching secure digital signatures of authorized personnel directly onto documents such as court documents.Signatures are scanned and encrypted by Tyler and placed in the System to be associated with the appropriate forms.The owner and proxy are designated by signature, and security will prevent unauthorized use of signatures. Note: Tyler's Court Case Management system does have an alternate method for attaching a signature to a document according to the user that is producing it. As such,Tyler recommends using Secure Signatures only for signatures that need a higher level of security—primarily those of the judges that are signing judgments and warrants. Activities and assumptions: • Tyler will provide forms to the City to capture written signatures and associated user information. • The City is responsible for collecting completed forms from the users and returning the forms to Tyler. • Tyler will scan the signatures, encrypt the resulting files, and place the files on the Incode server. • Tyler will instruct the City on the configuration and use of Secure Signatures in their documents. 2.2.1.9 Entity Relationship Diagram (ERD) Tyler will provide an Entity Relationship Diagram for the SQL database structure of the Incode Court Case Management application. The City will use this diagram to better understand the structure of the data needed to build custom queries or reports. Note: Some proprietary configuration related data may be stored outside of the database structure. Likewise, new fields that are added mid-version will not be represented in the ERD or available in the SQL database until they are incorporated into the database in a major version release. 2.2.1.10 Tyler Jury Module with Jury Data Import Tyler Jury Management simplifies the jury selection and court management process. Many functions are reduced to a click of a mouse, while others can be handled quickly or even automated through an intuitive and user-friendly interface. From easily searching, creating and managing a list of eligible jurors to entering updates, maintaining exemptions and providing an efficient check-in process,the entire jury selection process is handled by one system. Activities and assumptions: • The City will include the following prerequisite materials with the application questionnaire: • A copy of forms to be used with the system for summons/questionnaire and seating chart • A copy of reports used for jury selection and finance, if applicable. • A jury data file to be used in the import • The City will collect the following prerequisite materials and provide them to the Implementation Consultant upon arrival on-site: 0 A list of exemptions and qualifications for jurors • Tyler will consult with the City regarding the development of processes for managing jury panels and pools. The City is responsible for finalizing and approving the new process prior to the configuration of the application. • Base configuration of the application includes the following — panels, pools, exemptions and qualifications. This configuration will be performed on-site by the Implementation Consultant. • Tyler will train the City on the following business processes: Page 15 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court • Creating and managing panels and pools • Managing and checking in jurors • Creating notices • Printing reports • The Jury Data Import does not include jury service history. 2.2.1.11 Brazos Citation Issuing Device Interface This standard interface facilitates the import of citation information from Brazos Technology citation issuing devices into the System. The import of citations is initiated by a user, and the citation information will utilize an existing standard, supported import format that has been established between Tyler and Brazos. Optionally, citation imports can be configured to run on a regularly scheduled basis in Incode Activities and assumptions: • Tyler will install the interface and instruct the City on its use. • Tyler will assist in troubleshooting issues with the standard interface. The City is responsible for establishing the required settings and schedules and for testing the interface. • A separate interface must be licensed for any other third party system that will be providing citation information. 2.2.1.12 Court/Police(non-Incode) Interface This standard interface facilitates the export of citation, disposition, and warrant information from the System. Each of these exports is initiated by a user, and the resulting files are provided in a standard,supported format. In addition,the System interface will export warrant information automatically in real time. For dispositions,the System does not provide exports of incremental, periodic,or status changes other than at final case disposition. Activities and assumptions: • Tyler will install the interface and instruct the City on its use. • Tyler will assist in troubleshooting issues with the standard interface.The City is responsible for establishing the required cross-references and code tables and for testing the interface. 2.2.1.13 DMV/Scofflaw Program Interface This standard System interface facilitates the export of files in the format required for the Texas Department of Transportation (TxDOT)Scofflaw program. These exports are initiated by a user, and the resulting files are provided in a standard, supported format.The City is responsible for transmitting the resulting files. Activities and assumptions: • Tyler will install the interface and instruct the City on its use. • Tyler will assist in troubleshooting issues with the standard interface.The City is responsible for establishing the required settings and for testing the interface. 2.2.1.14 Collection Agency Export Interface This System interface facilitates the generation of reports and exports of delinquent cases with outstanding warrants to be submitted to a third party Collection Agency.Tyler has established standard, supported export formats for several third party collection agencies. Activities and assumptions: Page 16 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court • Tyler will install the interface and instruct the City on its use. • Tyler will assist in troubleshooting issues with the standard interface.The City is responsible for establishing the required settings and for testing the interface. 2.2.1.15 GIS/Street Index Extract The Court Case Management software provides the ability to populate a database of valid street addresses for the Client's locale. Activities and assumptions: • The Client will provide a file of valid streets from their GIS system. • Tyler will import the contents of the file into the Court Case Management street database. • This service is a one-time import—changes or additions must be maintained manually after the initial import. 2.2.1.16 General Ledger(non-Incode) Interface This standard interface facilitates the export of summarized journal entries for third party General Ledger systems to reflect the financial activities recorded in the Incode Court Case Management system. In addition, outgoing payment information can be exported for use in processing checks through third party Accounts Payable systems.Tyler has established standard, supported export formats for several third party financial systems. Activities and assumptions: • Tyler will install the interface and instruct the Client on its use. • Tyler will assist in troubleshooting issues with the standard interface.The Client is responsible for establishing the required cross-references and code tables and for testing the interface. • Tyler reserves the right to require additional custom development charges if non-supported formats, additional data elements, or support for enhanced processes are required by the Client or their vendors. 2.2.1.17 Incode Notifications for Courts Incode Notifications for Court offers an automated way for the Court to contact multiple people by phone about pending or issued warrants, upcoming court dates, or outstanding balances. The System will perform call campaigns that are configured and controlled in the Incode Court application, a calling service that makes the campaign calls and returns the results of the calls, and the Incode Data Center which facilitates communication between the System and the calling service. Activities and assumptions: • Tyler will install the interface and instruct the City on its use. • Tyler will assist in troubleshooting issues with the standard interface. The City is responsible for establishing the required schedules, settings, and message content, and testing the interface through the calling service. • The Notifications system requires the Incode Scheduling and Court Incode Web Services components. 2.2.2 Content/Document Management Suite 2.2.2.1 Output Director Tyler Output Director allows users to define how document output such as email, printing, and saving is handled. City will also have the option to auto-image and index each document. This automatic process captures an image of the document and automatically links it to the System record as an attachment. Activities and assumptions: • Tyler will provide an email testing utility and the City will ensure that its e-mail server (SMTP server) is properly configured to allow the Output Director service to send emails to addresses outside of the City's domain. Page 17 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court • Base configuration of the application includes the installation and testing of the Output Director software on the Incode application server. This configuration will be performed by remote connection, if feasible. If not feasible, it will be configured on City premises at no additional charge. • Configuration homework for the City may include the following: o Creating/editing Court document templates with required merge codes • Tyler will train the City on the following business processes: o Document routing through Output Director 2.2.2.2 Laser Fiche Interface Incode interfaces with LaserFiche to allow Court to save and retrieve documents associated with cases. Incode sends system-generated documents to LaserFiche without the need to print and scan. Similarly, citation images sent from handheld citation systems can be sent directly to LaserFiche. Documents can also be scanned into LaserFiche and associated with cases or defendants. A button in Incode allows users retrieve documents associated with cases and defendants. 2.2.3 System Software 2.2.3.1 System Software Tyler's Incode line of applications requires third party runtime components to manage the communication between servers and workstations. These components include AcuServer,AcuGT runtime, and/or Acu4GL. Activities and assumptions: • Tyler will order the contracted software and install the software on the City's server. • Tyler will support this software and provide upgrades, as available, as long as the City maintains a current maintenance agreement with Tyler. 23 Professbinall servl es 2.3.1 Implementation Services Tyler employs a pool of implementation consultants that are divided into 6 skill sets: Financial, Utility, CRM, Court, Imaging, and Public Safety. Tyler attempts to assign one implementation consultant of each applicable skill set to each City. This consultant will perform all consultation, conversion, and training tasks for that product suite. All references to Implementation Consultant in this SOW refer to a Tyler employee assigned to perform the specified functions of the Implementation Consultant in that section of the SOW. The following assumptions apply to the implementation services: • City will ensure that employees are available for required training sessions and conversion tasks—including after- hours training, if necessary. • Employees of the City will have basic Windows skills, including, but not limited to using a mouse, clicking on an icon to open a new window, minimizing windows, switching between open windows, printing screens, and understanding the desktop. • Tyler staff will have access to City site after hours, if necessary. Page 18 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court 2.3.2 Incode Professional Services 2.3.2.1 Project Management Tyler will assign a project manager to be the primary point of contact for the implementation project activities. In situations where more than one suite of applications is purchased, Tyler may assign a separate project manager to assist with each application suite and designate one project manager as the lead for the project. Tyler products will be implemented "off the shelf' without customization, except as detailed in the SOW below. Any additional customizations identified or requested will be quoted on a time and materials basis and processed as a contract amendment in accordance with the City's contract procedures. While there are times that requested customizations are simply not feasible, if Tyler does enter an agreement to customize the product, Tyler will make every effort to design customizations so that they can be leveraged by more than just one Client. This focus will affect the approach to designing, developing, and deploying new functionality so that we may benefit the largest population of users possible and regardless, all custom programs under this Agreement will become part of the base system, and will be fully supported by Tyler going forward. 2.4.1 Custom Modifications Custom modifications are changes to the functionality of existing Tyler software products. These changes may involve the addition of new fields to a screen,the enhancement or automation of a process,or the creation of a new module. Activities and assumptions: • Tyler will work with the City to determine the requirements for the modification. • Tyler will develop a design document based on the requirements, along with a proposal for related development costs that will be provided to the City's designated Project Manager to be handled in accordance with the City's contract amendment processes. • The City will review the design document, provide feedback, and approve the final version of the design document and proposal before any development work begins. • Upon approval of the design document,Tyler will schedule the development work.Tyler will advise the City of any schedule changes. • Tyler will write the software code, test the modification against the requirements through quality assurance, and prepare the modification for deployment through release management. • Tyler will deploy the modification and instruct the City on its use. • Tyler will assist in troubleshooting issues with the modification.The City is responsible for establishing the required settings and for testing the modification against the documented requirements. • Tyler reserves the right to require additional custom development charges if changes are made to the documented requirements for the modification after the design has been approved. These changes will be processed in accordance with section 5.4 below. The design and development of the following modifications are included in the SOW and the Purchase Pricing in the Agreement: 2.4.1.1 Commercial Vehicle Word scan Description Scan for words that indicate a commercial vehicle violation Page 19 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court Specification System should scan the vehicle description for words that identify a Commercial Motor Vehicle(CMV)to make sure the CMV box is marked to identify the citation as a CMV violation. If the vehicle is a CMV and the CMV box is not marked then prompt the user to verify the accuracy of the CMV box. 2.4.1.2 Case Participant Kiosk Check-in Description Allow case participants to check themselves in at a kiosk with proper identification validation Specification Allow case participants to check themselves in at a kiosk with proper identification validation 2.4.1.3 Case Information on Kiosk Description Provide the ability to access case information via a courthouse kiosk Specification Provide the ability to access case information via a courthouse kiosk 2.4.1.4 Attorney Filing Portal Description Attorney Filing Portal Specification Attorney Filing Portal-The defense attorney portal is an online system hosted by Tyler that facilitates interaction between court staff and defense attorneys. Attorneys may submit motions and filings and inquire about their cases. Attorneys may also sign up for lists of new cases or warrants for marketing purposes. Attorney transaction and access fees may apply. 2.4.2 Custom Interfaces Custom interfaces involve the development of a standard, repeatable process for transferring information into or out of the System software. These interfaces may take the form of a user-initiated import/export program, an API, or a web service. Activities and assumptions: • Tyler will work with the City to determine the requirements for the interface. • The City is responsible for engaging any third party vendors to participate in the design,testing, and implementation of the interface. These vendors may require the City to pay for additional products and services in order to develop an interface. • Tyler will develop a design document based on the requirements, along with a proposal for related development costs. • The City will review the design document, provide feedback,and approve the final version of the design document and proposal before any development work begins. • Upon approval of the design document,Tyler will schedule the development work.Tyler will advise the City of any schedule changes. • Tyler will write the software code,test the interface against the requirements through quality assurance, and prepare the interface for deployment through release management. • Tyler will deploy the interface and instruct the City on its use. Page 20 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court • Tyler will assist in troubleshooting issues with the interface.The City is responsible for establishing the required cross-references and code tables and for testing the interface against the documented requirements with the third party vendor. • Tyler reserves the right to require additional custom development charges if changes are made to the documented requirements for the interface after the design has been approved. These changes will be processed in accordance with section 5.4 below. 2.4.2.1 Screen Interface to Display Courtroom Schedule Description Screen interface to display courtroom schedule Specification Screen interface to display courtroom schedule—screen not included 2.4.2.2 Federal Information Processing Standards Interface Description Federal Information Processing Standards Interface Specification Ability to use Federal Information Processing Standards Interface for geographic location of offenses—this interface needs to be discussed further before it can be accurately spec'd or quoted. 2.4.2.3 Officer Scheduling Description Officer Scheduling Specification Officer scheduling interface to other agencies for scheduling 2.4.3 Enhancements Tyler software is constantly being modified to improve performance and add functionality. Tyler incorporates hundreds of enhancements into the INCODE Product applications every year. Many of these enhancements originate as suggestions from our customer base.Therefore, City's suggestions are encouraged. City may submit suggestions for enhancements and vote on suggestions from other cities through our customer service Web site on www.e-incode.com. Tyler will not implement all change requests and those that are implemented will not be done immediately. City will complete its implementation schedule with the then current version of the Tyler software and not postpone implementation pending the release of enhancements. 1 Data CoinveirsGoin SeiM es The data conversion process will transfer information from one or more legacy systems into the System in an accurate and verifiable manner. Verification of the data conversion consists of comparing the on screen data elements and management reports of each system. City understands that very little is done in the conversion process to "fix"the data. Inconsistencies or corruption in the original data will carry over to the new system—these issues should be identified and resolved before final data conversion on the legacy system(s)or shortly after"going live" on the Incode system. Some data issues can be resolved during the conversion process by limiting the scope of the conversion to exclude the erroneous data. Activities and assumptions: Page 21 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court • The City will identify one or more Subject Matter Experts(SME)with knowledge of the key business processes to be performed in each suite of applications to work with Tyler staff on verification and testing of the data conversion. • The City will complete project planning survey and application questionnaires and return them to Tyler for review and implementation planning. Tyler may coordinate a conference call with the City to discuss the information provided. • Tyler will establish a dedicated secure FTP site for the transfer of data files. • City will employ technical staff capable of extracting data from the legacy software system(s) in a format suitable for conversion with documentation of the extracted data layout and format. • City will provide a preliminary extract of the data from the existing system(s) by posting it to the Tyler FTP site or shipping it on removable media, such as CD, DVD, or portable hard drive. Tyler does not accept backup tapes.The City is also responsible for providing file layouts and data definitions for the preliminary extract. The City will also provide operational reports that coincide with the time at which the extract was produced. • The format of the data files must be in an acceptable Tyler format. Acceptable file formats include:ASCII/text files which may be either fixed length or delimited, MS/SQL databases,Access Databases or Excel Spreadsheets. • Multiple data extracts may be required during the implementation process which will include the final data extract just prior to "go live". New data extracts from legacy software system(s)will be available within 48 hours of request.All data extracts must conform to the file layouts and structure of the preliminary data. • Tyler will evaluate the preliminary data to confirm that the data is in a readable, usable format, and that we have all the required data for the conversion. • Tyler will develop conversion programs based on the format and structure of the preliminary data. The City will be responsible for providing Tyler with context for the extracted data from the existing system. • Tyler will perform a preliminary data conversion test using the programs developed. Tyler will complete a structured list of data integrity checks before releasing the data for review by the City. • The City is responsible for reviewing and validating the preliminary data conversion, with assistance from Tyler. Discrepancies will be reported to Tyler for evaluation and adjustments will be made to the conversion programs, if possible. Some issues may require the City to change or correct data in the legacy system prior to final conversion. • Tyler will perform additional data conversion tests with the adjusted conversion programs. • The City is responsible for reviewing and validating the adjustments made in the conversion tests and approving the conversion programs for use in the final conversion. • Tyler will perform a final data conversion to coincide with the beginning of live processing in the system ("go live"). Each of the Tyler software applications that are eligible for data conversion is listed below. Each data type that can be converted for an application is also described, along with an indicator as to whether the conversion of that data type was included in the SOW. 2.5.1 Court Applications 2.5.1.1 Criminal Court Case Management This conversion process facilitates the transfer of court case history—including people, citations, warrants,and payment history—from the City's existing court case management system to the Incode Court Case Management application. Activities and assumptions: Page 22 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court • Tyler will work with the City to identify operational reports from the legacy system that provide control totals of the quantity and value of the records to be converted. The City will produce these operational reports to accompany each data extract from the legacy system. • Tyler will conduct a series of conversion workshops to guide the City through the review of the converted data. In these onsite workshops,the Tyler Implementation Consultants and Conversion Programmers will work with the City SMEs to reconcile the control totals between the operational reports from the legacy system and the System and also to review individual sample cases to identify any corrections to be made in the conversion programs. • Once the data has been extracted for the final conversion,Tyler recommends limiting access to the legacy system to read-only access to prevent changes to records that will not be reflected in the converted data. • Tyler will work with the City to establish a process for final conversion that will minimize downtime between the extraction of data from the legacy system and the conversion and final validation of the data in preparation for go- live on the System. Some processes may need to be performed manually during the final transition—especially if the City has departments that access the court system on a 24/7 basis. Data Type Included? Description Citation/Case Information YES Violation(offense)Information YES Fee/Fine/Cost Assessments YES Fee/Fine/Cost Payments YES Fee/Fine/Cost Non-Cash Credit YES Bond Information YES Warrant Information YES Officers YES Witnesses YES Defendants YES Offense Code Master YES Vehicles YES Attorneys YES Citation History YES Receipts YES The following exclusions apply to the Court Case Management conversion scope: • Tyler does not convert information into the Cash Collection application—this application will begin accumulating history information as the system "goes live" and payments are processed within Incode. The Cash Collection application keeps a record of register operators, drawer totals, and end of day balancing information. The information regarding payments applied towards cases is kept in the Court Case Management application. • Code files are also not included in the conversion—these are established as part of the base configuration of the application, and converted data is cross-referenced to the established codes. • Microsoft Word documents and templates will not be converted programmatically from the legacy system—these documents must be created in Microsoft Word and configured for use in the System. Page 23 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court • The court calendar will be reestablished in the System through the application and the converted data will be matched to the calendar through case status and other criteria. 2.6 Addffioinal Seiry c es 2.6.1 Online Applications and Products Tyler's hosted applications provide public access to the City's System application information over the Internet. Tyler hosts the Web site and online components in a high availability co-location facility,and the data is made available through a secure API on the City's Incode application server. 2.6.1.1 Incode Online Component Setup The Citizen Portal is the main landing page for the City's hosted applications. Additional online components will be made available to the public from this site. Activities and assumptions: • Tyler will send the City documentation for the online components that includes a survey for the City to complete. • The City will return the survey and set up an ecommerce account with a Tyler approved credit card processor. • Tyler will install the required Insite components on the City's server based on the information given in the survey. • The City will open the required firewall ports,and Tyler will test the connection to the online components through the firewall. • Once the connection is successfully tested,Tyler will create a Web site on the hosting environment. 2.6.1.2 Court Online Component The Online Component includes a web presentation of the citizen's citation, collects a plea from the defendant, and can interface to credit card processors to create a payment record for the Court System. The defendant will pay a $2.50 to$3.50 fee per transaction for payment online. This fee is charged directly to the defendant as a separate charge line on their credit card statement and is paid directly to Tyler Technologies. In order for the City to receive payment for the credit card transactions from the portal,the city must either(1)establish a merchant account with ETS or(2)sign an agreement with Authorize.Net for gateway services that allows deposit of funds into an existing City merchant account(if one already exists). Both ETS and Authorize.Net charge fees to organizations for processing of credit cards. The fees are charged to cover the cost of processing the transaction through the U.S. banking system. If the City chooses to recoup this fee,there is an option in the INCODE Court Online Component to add a fee in addition to the fee discussed above, so the defendant pays both fees in addition to the violation cost. Activities and assumptions: • Tyler will provide training on the setup of the component. • The City is responsible for configuring the web service and offense code options that govern the types of cases and situations that are eligible for online payment. 2.6.2 Tyler Online Training Center 2.6.2.1 Tyler Online Training Center The Tyler Online Training Center(TOTC)allows City's entire staff to have unlimited access to all training features.Whether City staff includes long-time INCODE users, new employees just learning the system, or a mix of both—the Training Center Page 24 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court ensures that every user receives the continuing training necessary to use the INCODE system in the most productive and efficient way possible. Activities and assumptions: • The City will provide a list of names and email addresses for all users of the Tyler software. • Tyler will create user accounts on the TOTC for each user on the list and email the credentials directly to the email addresses provided. 2.6.3 Technical Services 2.6.3.1 Application Availability Service Tyler's Application Availability Services include establishing a backup plan, monitoring your data, providing off-site data storage and in case of a disaster,guiding you through the data recovery process. Activities and assumptions: • Tyler will work with the Client's IT personnel to install the AAS components and establish a secure connection to the AAS hosting facility. For new implementations,this process will coincide with the timing of the first application suite to go-live. Page 25 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court Section 3. Project Timeline 1 Pirolect (Phases Tyler realizes that incorporating new business processes and software systems into an organization is a major change to be managed. Part of managing that change is establishing a reasonable pace at which the components can be implemented and understood and making sure that the project is correctly staffed to meet project deadlines. The implementation of each of Tyler's application suites can be pursued somewhat independently from the other suites, and Tyler will work with the City to establish a phased approach to implementing the suites while keeping an overall system perspective of how the components integrate and interrelate. As such, some of the phases of the lifecycle described below may be repeated for each application suite. 12 Pirolect II_ifec yc lle 3.2.1 Initiation The Initiation phase of the project begins with the signing of the Agreement and the assignment of the Tyler Project Manager. During this phase, initial information is collected for use in establishing the project plan through phone calls and surveys. Also, if data conversion is included in the project, an initial extract of the legacy data will be produced for review. The key deliverables of this phase are the completed project surveys,the order of any server/network hardware for production,test and training environments,and the delivery of the initial data extract. 3.2.2 Planning The Planning phase of the project begins with a Project Kickoff Meeting, which provides an overview of the implementation process to all of the stakeholders. This meeting initiates the whole implementation process by introducing the stakeholders to each other and laying the foundation for continuing communication and coordination. The Planning phase continues with an onsite review of the requirements for the solution with the project stakeholders. Tyler will review the City's documented policies and procedures to prepare recommendations for the configuration and operation of the solution. During the onsite review, Tyler will interview project stakeholders to verify the documented processes and discuss recommendations and alternatives for processing information in the Incode solution. During the Planning phase, each aspect of the project plan is discussed, established, and documented. This plan describes the scope of the project, as well as the associated schedule and budget. The project plan will also describe the processes that will be followed to implement the software and manage issues, changes, and risks along the way. The project will conform to City's project management methodology and change management and release management processes. The key deliverables of this phase are the completed Project Plan components—primarily the Project Schedule. 3.2.3 Installation The Installation phase includes setup and configuration of the Incode system hardware. This environment will be verified by Tyler before installation of the Incode software products and associated third party products. Tyler will provide the City with detailed information as to hardware requirements for network, space, electrical, and environmental (HVAC) requirements.The City will be responsible for preparing its data center to meet these requirements. The key deliverable of this phase is Software Installation Acceptance by the City — documented verification of the installation of the Incode software. 3.2.4 Preparation The Preparation phase includes a number of steps designed to ready the site, the software, and the stakeholders for the implementation of the Tyler software. These steps will vary depending on the products and services listed in the Agreement, but they usually include establishing a training environment, taking online courses through the Training Center, Page 26 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court establishing credit card processing accounts, preparing conversion programs, and other tasks that need to be completed before the Implementation Consultant arrives on site. 3.2.5 Configuration The Configuration phase is the beginning of the Implementation Consultant's on site work with the City. During this phase, the consultant will analyze the business processes and needs of the City and develop a plan for configuring the Incode system to facilitate those processes and meet those needs. The consultant will also explore alternate ways of processing information and discuss best practices that have been established from implementations at other Incode sites. As the Implementation Consultant determines the optimal configuration options for the City site. Consultant will train the City staff, and the City staff will begin setting up the codes,tables, and cross references in the system. The key deliverable of this phase is Configuration Acceptance—documented verification of the configuration of the Incode system to support the City's business processes and facilitate data conversion tests. 3.2.6 Conversion Since data is being transferred from the City's legacy system(s) into the Incode database, an initial full extract of the legacy system data should be provided as soon as possible for analysis by the Tyler Conversion Services department. At the beginning of this phase, a Conversion Plan will be drafted for the project. This plan will identify all of the tasks and resources required to convert data from the legacy system to the Incode solution. This plan will also describe the methodology used to map data fields and implement business rules to effectively translate the data from one system to another. This initial data will be used to map the legacy data fields and information into the Incode product format. Questions regarding the content or consistency of the data files will be forwarded to the City for clarification. The Conversion phase also includes the testing of the conversion programs and reconciliation of the imported data to the legacy system. Tyler will guide the City through the reconciliation process through on site tests and reviews of the converted data. The key deliverable of this phase is Conversion Acceptance—documented verification that development of the conversion programs is complete based on the data tables identified in the Agreement and the information provided in the accepted Conversion Plan. 3.2.7 Design Throughout the planning and execution of the project, City needs may be identified that require custom development of reports, interfaces, or program modifications. The Design and Development phases include the design, creation, and testing of these programs. These two phases are often repeated in an iterative process to further refine the functionality of the system. The Design phase begins with one or more Requirements Reviews to review the current and "to-be" workflow processes that the court desires to implement with the Incode solution. The goal of these sessions is to identify any additional features or functionality that the City requires from the Incode solution. These customizations will be introduced as changes to the project scope so that the need for the customization can be confirmed and any associated cost can be approved by the appropriate project stakeholders as described in this document under Scope Control — Change Management. Any customizations done under this SOW will become a part of the base Incode product for future support and sales. The key deliverable(s)of this phase is Design Acceptance—documented approval of the design documents that describe the custom reports, interfaces, or modifications to be created for the System. 3.2.8 Development The Development phase includes the programming, demonstration, and deployment of the customizations that are included in this Agreement and others that may have been identified and approved in the Design phase. Tyler will create Page 27 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court the modifications and test them internally to verify proper functionality according to the design and compatibility with the remainder of the Incode system. Tyler will then demonstrate the customizations to the City before making any final revisions and deploying the customizations to the City's environment. The key deliverable(s) of this phase is Modification Acceptance — documented approval of the delivered custom reports, interfaces, or modifications according to the approved design documents or specifications. 3.2.9 Testing During the Testing phase, all of the components of the Incode solution will be evaluated to ensure their compliance with the requirements established in the Agreement and the development designs. For each module included Tyler will provide previously executed test plans and scripts to be used as a basis for customization to meet the City's needs At the beginning of this phase, a Testing Plan will be drafted for this project. Tyler will collaborate with the City to draft and finalize plans and procedures for testing the functionality of programs and interfaces with the processing of converted data. The key deliverable of this phase is Functional Acceptance which is referred to in the Agreement as the Date of Implementation to be followed by follows the completion of successful User Acceptance Testing—documented verification that the entire system functions in full compliance with the specifications and requirements using City data. 3.2.10 Training During the Training phase, the Implementation Consultant will provide comprehensive, hands on instruction on the operation and maintenance of each of the products in the Incode solution as described in this SOW. At the beginning of this phase, a Training Plan will be drafted for the project. This plan will detail the courses to be presented,the schedule of classes,and the required attendees. The key deliverable of this phase is Training Acceptance — documented verification of the successful completion and acceptance of the courses described in the accepted Training Plan. 3.2.11 Cutover and Go Live The Go Live process begins with the cutoff of processing in the legacy system(s) after Tyler receives Acceptance of the System from the City following UAT as set forth in the Agreement and continues with the final conversion of data into the live production environment. From there, the Implementation Consultant will guide the initiation of live processing within Incode by helping to resolve any issues that arise and providing additional training as needed. At the beginning of this phase, a Cutover Plan will be drafted for the project. This plan will detail the steps required — in hour by hour detail—to successfully transition from the legacy system to the new Tyler system with a minimum amount of impact on the business of the City. The key deliverable of this phase is Live Processing Acceptance by the City—documented verification of the setup, training, and live operation of the Incode software. 3.2.12 Final Implementation Support The Final Implementation Support phase consists of the delivery, testing, and training of software, hardware, or custom modifications that were not included in the "go live" scope. This phase often includes follow up training to be provided after the software has been in use for a period of time. Deliverables in this phase will follow the pattern of previous implementation phases—Development, Testing,Training, etc. —depending on the nature of the item. 3.2.13 Closing The Tyler PM will close each phase of the project by soliciting an acceptance of the delivered products and services from the City PM. Key deliverables have been identified for certain phases of the project life cycle. The City will confirm the receipt of the deliverable and verify the conformance of the deliverable to the project scope, at which time the project phase will be considered closed. Page 28 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court The implementation of each suite of Tyler software will culminate in a Transfer to Support conference call in which an Incode Customer Support Manager will discuss when and how to contact support and the Implementation Consultant will present any outstanding issues from the implementation to be addressed by Support personnel. The Tyler Project Manager will facilitate the Transfer to Tyler Maintenance and Support call and collect relevant project documents, including trip reports from the consultants and the current issue log. Tyler has included a tentative Project Schedule that outlines an implementation approach with approximate timeframes. This document includes Tyler's expectations as to the division of responsibilities between Tyler and The City. Tyler will work with the City to establish a project schedule that details the activities required to deliver the products and services included in the Agreement and described in this SOW. Both Tyler and the City recognize that the eventual schedule will likely be affected by a number of factors, including interdependencies with other City projects, availability of court resources, procurement and installation of hardware and software,and perhaps even alternate approaches to testing, training, or other aspects of the project lifecycle. The detailed schedule will also be based upon other factors, including the budget, existing computer skills of the City's staff, existing familiarity with the Incode products of the City's staff,and the complexity of any data conversions. The full project schedule will be established upon discussion of these points, review of any data to be converted, and completion of the project initiation documents. The project schedule will be developed and maintained in Microsoft Project. This file will be updated by the Tyler Project Manager with progress information and approved changes to the schedule to coincide with the weekly Status Reports described in this document under Schedule Control—Status Reporting. Page 29 of 41 System Implementation Statement of Work-City of Corpus Christi (^Oty^)for its Municipal Court Section 4. Project Team 4.l P �emtOirgam�zabom 4.1.1 Project Organizational Chart Tyler expects the project organization to follow a structure similar to the diagram below: -____-' -____- T�"u _ / _ Cg � '� �_ Executive / s�"m* / ! m � �, i ! m�����, i Implementation CLIENT Manager Project Sponsor CLIENT Project Manager Implementation Specialists '--- - - - /- - - - - - With this organization, Tyler typically requires the assignment of a primary point of contact at the City for all matters related to the project-a City Project Manager. This contact must be readily accessible to Tyler staff, and they should have authority to procure resources and schedule City staff activities related to the implementation. A Steering Committee will be established by the City and will be operational at the commencement of the project. The steering committee will meet as needed' and it will be staffed with management who can resolve high profile issues. Tyler expects the steering committee to serve a role either aothe Project Sponsor o, aoa resource for the Project Sponsor, so that issues and decisions can be escalated appropriately for resolution. 4.2 Tyler Roles and RespomsbHffies 4.2.1 Tyler Director ofImplementation The Tyler Director of Implementation is responsible for the delivery of products and services for each product suite. The Director supervises the work of Tyler project managers and implementation consultants, and they serve aoan escalation point for project concerns. 4.2.2 Tyler Project Manager The Tyler Implementation Director will assign a project manager to be the primary point of contact for the implementation project activities. In situations where more than one suite of applications is purchased,Tyler may assign a separate project manager to assist with each application suite and designate one project manager aothe lead for the project. The project manager's responsibilities include the following: • Take over the account from sales as primary contact • Confirm the scope of the contract and the objectives of project and resolve any gaps • Establish an orderly plan for implementation of the software and delegate the tasks to the resources • Identify risks to the plan and mitigate them Page 30of41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court • Triage issues that interfere with the plan and assign resources to resolve them • Ensure that changes to the plan are endorsed by the right decision makers • Track the costs incurred to accomplish the plan and notify the decision makers of potential overages • Monitor progress toward the plan and communicate status to all of the stakeholders • Document tasks completed, issues resolved, decisions made, etc.for future reference • Usher the account into maintenance and support 4.2.3 Tyler Implementation Specialists The Tyler Project Manager will coordinate the efforts of one or more Implementation Specialists during the course of the project. These specialists install and configure the components of the Tyler software,and—in certain cases—they also train the City on the use or maintenance of the component. Based on the scope of the Agreement,their responsibilities may include the following: • Purchase, install, and configure contracted server and workstation hardware and software • Installation of third party hardware and software purchased through Tyler • Installation of Tyler software suites and components • Configuration of credit card processing services • Configuration and training of online components • Installation and configuration of interfaces 4.2.4 Tyler Implementation Consultants The Tyler Project Manager will assign one or more Implementation Consultants to perform the primary implementation work for the project. Most of this work will be performed at the City's site, but all time spent by the Implementation Consultant on the implementation is billable towards the project. Tyler Implementation Consultants are domain experts in each application area, and their responsibilities include the following: • Consult on optimal system configuration • Deliver hands-on training for Incode applications • Guide reconciliation of conversion data • Assist in system testing and parallels • Track and report site-specific issues 4.2.5 Tyler Conversion Analysts If the scope of the Agreement includes conversion of data from a legacy system,Tyler may assign one or more Conversion Analysts to assist in the reconciliation of the converted data. These analysts work remotely with the Implementation Consultants and Conversion Programmers, and their responsibilities include: • Verify balances and totals with the City's legacy reports • Compare the data presented in the Tyler system with corresponding screens in the legacy system • Collaborate with the City to analyze and resolve reconciliation issues • Provide feedback to the Tyler Conversion Programmer for adjustments to the conversion programs 4.2.1 Tyler Conversion Programmers If the Agreement includes the conversion of data from a legacy system,Tyler will assign one or more Conversion Programmers to create the conversion programs necessary to move the data into the Tyler system. These programmers work remotely in conjunction with the Implementation Consultants and Conversion Analysts, and their responsibilities include: • Verify the integrity of the initial data extract(s)to be used in the conversion • Create conversion programs based on the initial data extracts for use in conversion testing and go live • Provide exception reports from the conversion tests for review by Tyler and the City Page 31 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court • Update the conversion programs according to guidance from the City and the Tyler Implementation Consultant and/or Conversion Analyst 4.2.2 Tyler Development If the Agreement includes customizations or modifications,one or more development teams will be responsible for creating those deliverables. Their responsibilities include: • Gathering requirements for the proposed development work • Documenting the design for the proposed work • Developing the customizations or modifications based on the approved designs • Assisting in testing the developed code 413 City I Roles and I espoinsllblllffies 4.3.1 City Project Sponsor In order to maintain the momentum and purpose of the project described by this SOW, a project sponsor should be identified at the City site. Most often,these sponsors are named on the Agreement and their involvement carries on in an active investment in the success of the project. This individual will have ultimate"tie-breaking" authority regarding any disagreements as to function,etc. among the City staff. This individual will have final say regarding major changes of scope, timeline, or funding and will be the City's final arbitrator of disagreements with the Vendor. Other responsibilities include the following: • Act as the champion for the project • Monitor the overall status of the project • Identify and communicate organizational risks that may have an impact on the project • Initiate change management activities to encourage adoption and acceptance of the new system 4.3.2 City Project Manager Tyler requires the assignment of a primary point of contact at the City site for all matters related to the project. This contact must be readily accessible to Tyler staff, and they should have authority to procure resources and schedule staff activities related to the implementation. The responsibilities of the City PM are essentially the same as the Tyler PM, as the project managers on each side will work together to establish the plan and manage performance to it. Other responsibilities include the following: • Disseminate project information to the project team at the City's site • Manage the performance of the City's project team toward project tasks and homework • Coordinate the work of the City's third party vendors and partners • Facilitate installation of hardware/software and coordinate maintenance of those systems • Establish software training facilities and schedule personnel for training • Approve deliverables • Apply business process knowledge to implementation tasks • Monitor software training and attendance • Identify issues and customizations needed • Review invoices and approve payments in accordance with the deliverables provided • Monitor the status of risks that may have an impact on the project and assist as necessary in risk mitigation • Monitor project status to encourage adoption and acceptance of the new system • Monitor and approve change management activities Page 32 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court 4.3.3 City Subject Matter Experts The City PM should assemble a team of representatives from each department or function that will require interaction with the software. These supervisors and end users will be responsible for the following: • Participate in consulting meetings • Attend all relevant training sessions • Create system codes and accounts • Test system processing and output • Reconcile conversion results • Reconcile parallel processing results • Identify any issues as they arise 4.3.4 City Trainers The City PM should identify one or more supervisors or end users that will be responsible for training other users on the maintenance and operation of the system. Even if Tyler resources are providing all of the end user training during the implementation,the City will be responsible for training new employees after go live, and identifying these Trainers will encourage them to prepare themselves for that task. If the scope of the Agreement does include a "train the trainer" approach,then Tyler resources will train a limited number of users who will then be expected to train the remainder of the end users in the organization according to the project schedule. Under this approach,the Trainers are responsible for the following: • Attend all relevant training sessions • Create or modify training materials for use in end user training • Schedule and conduct end user training sessions • Track and report end user attendance and proficiency • Identify any issues as they arise 4.3.5 City Information Technology The City is responsible for securing the services of personnel that can assist in the installation, configuration, and maintenance of the required hardware, software, and network components. Depending on the scope of the Agreement, the City responsibilities can include the following: • Configure VPNs and remote access technology to manage access to the Tyler systems from outside the City's network • Extract data from the legacy system(s)for use in conversion to the Tyler system • Troubleshooting of network and workstation issues • Run and install LiveUpdate patches for Tyler suites • Load and test new releases of Tyler software 4.3.6 City System Administrators The City PM should identify one or more resources to serve as System Administrators for the Tyler system as a whole. Tyler resources will train the System Administrator to perform basic non-technical maintenance tasks within the application, including the following: • Code file maintenance • Business Rule configuration • Manage Print Previewer settings • Add/deactivate users and manage security settings Page 33 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court 4.3.7 City End Users End Users include anyone at the City site that will be expected to use the Tyler system. These End Users may have other roles in the implementation project, as well, but the basic responsibilities include the following: • Complete prerequisite training sessions on the Tyler Online Training Center • Attend all relevant training sessions • Identify any issues as they arise 41A espoinslblllty Matrix The RACI Responsibility Matrix documents who in the organization are: • R—Responsible for creating the deliverable, • A—Accountable for the deliverable, • C—Consulted with about the deliverable(two-way communication), or • 1—Informed about the deliverable (one-way communication). The organizational roles are abbreviated as follows: • PM—Project Manager • IC—Implementation Consultant(s) • FT—Functional Team Members • IT—Information Technology Tyler City Responsibility PM IC FT PM IT FT Initiation Complete City Surveys I I I A I R Activate Tyler Online Training R I I C Center Acquire Cashiering Hardware& A I R Software Acquire IRICode&IRISite Software A I R &Utilities Acquire Infrastructure I I C A I R Hardware/Software Acquire Conversion Data I I C A R Project Planning Conduct Project Kick-off Meeting R C C C C C Conduct Requirements Review A R R C C C Develop Project Schedule and Plan R C C R C C Signed Acceptance of Project I I I R Schedule and Plan Installation Page 34 of 41 System Implementation Statement of Work-City of Corpus Christi (^Oty^)for its Municipal Court Tyler City Responsibility PM IC FT PM IT FT Room Hardware Configure Cashier&Court Room A I R I C I Hardware Installation Preparation Establish Credit Card Accounts I I I R I I Modules Configuration Teamwork Configuration Conversion Extract Legacy System Data I I C A R I Workshops Scripts Design Development Designs Development Page 35ot41 System Implementation Statement of Work-City of Corpus Christi (^Oty^)for its Municipal Court Tyler City Responsibility PM IC FT PM IT FT Modifications Testing Develop Test Plans and Cases A R C C I C Training Conduct Train the Trainer Training A R I C I C Implementation Training Final Extract of Legacy System C I C A R I Data Conduct Final Data Conversion A R R C I I Initiate Production Processing(Go- A R R A R R Monitor Live Processing&Resolve A R C A C C Issues Processing Post Implementation Support Monitor Live Processing&Resolve A R I C I C Issues Closing Conduct Lessons Learned Session R C C R C C Page 36ot41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court 41 a 5 Piro.11 ct Coirritact IList A comprehensive list of project team members and stakeholders will be maintained in a Project Contact List. An initial list of the management contacts for Tyler is provided below: Tyler Technologies Director of Implementation— Donna Martindale 800-646-2633 x5002 Donna.Martindale @tylertech.com Court/Public Safety Director of Implementation— Scott Helle 720-497-8067 Scott.Helle @tylertech.com Document Management Conversion Manager— Cindy Mikkelson 605-323-2605 Cindy.mikkelson @tylertech.com Financials and Court Page 37 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court Section 5. Project Management Tyler subscribes to the concepts and standards of the Project Management Institute(www.pmi.org)and has translated those concepts into proven processes that have governed the successful implementation of our products in hundreds of installations, both small and large. Consistent communication of project performance will be anchored by a weekly Status Update conference call. These calls will commence shortly after project kickoff and continue throughout the course of the implementation project. The Tyler Project Manager will publish a Status Report and distribute it to the attendees prior to the conference call via email. The Status Report will follow the Incode Status Report template, highlighting recent project accomplishments, upcoming objectives, and outstanding issues that are impeding progress. During the Status Update call, the Status Report will be discussed, revised, and approved. Action items will be identified and assigned to one or more attendees to address. The approved Status Report—with action items—will be redistributed to the attendees within 24 hours of the call. 52 Q,Uahty Control -- ISSUe Management Issues can be reported by any of the City's Functional Team Members to their supervisor or to the City Project Manager who will then discuss the issue with the Tyler Project Manager. In addition,Tyler Functional Team Members will notify the Tyler Project Manager of project issues as they arise. The Tyler Project Manager will research each issue and provide recommendations, if applicable,to the City Project Manager for resolution. The Tyler Project Manager will be responsible for assigning each issue to a Tyler Functional Team Member or to the City Project Manager and tracking the status of the issue to resolution. Issues that must be resolved by the City's Functional Team Members will be assigned to the City Project Manager for delegation. All project issues will be documented in the Project Issue Log. This log will be discussed during each Status Update call and revised as needed by the Tyler Project Manager. 53 Cost Control -- BUdget Management The budget for the project is the total amount approved by the Corpus Christi City Council and reflected as the Purchase Price for the System in the Agreement, including Maintenance. The Tyler Project Manager will track performance toward the budget in the Contract Estimate vs. Actual spreadsheet. This document will be updated monthly with project costs invoiced by Tyler and discussed with the City Project Manager each month to determine potential variances from the established budget. The budget will only be changed if the City requires additional products or services that are not reflected in the Agreement and any such change will require a formal amendment of the contract and additional monetary approvals as required by City Code. It is the responsibility of Tyler to provide the System as detailed in the Agreement with attached exhibits in accordance with the Purchase Price in the Agreement. A Scope Control --Chainge Management Inn Requests to change the established project scope or schedule will be submitted to the Tyler Project Manager by the City Project Manager, and are subject to formal City approval. The Agreement cannot be changed or amended by a request from the City Project Manager. In addition, the Tyler Project Manager will be responsible for identifying potential changes to the project arising from City communications, issues, or risk events. The Tyler Project Manager will discuss these items with the City Project Manager and determine whether the issue will require an amendment of the Agreement. Any change that will increase the Purchase Price in the Agreement will require a written formal amendment of the Agreement. Page 38 of 41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court The Tyler Project Manager will research the impact of each change request to the project schedule, scope, and budget and provide recommendations to the City Project Manager for review. All change requests will be documented in the Project Change Request Log. This log will be discussed during each Status Update call and revised as needed by the Tyler Project Manager. The City Project Manager will be responsible for establishing a process for reviewing change request recommendations with the appropriate stakeholders at the City site and third party vendors, if applicable. A resolution should be reported to the Tyler Project Manager within two weeks unless otherwise agreed upon. Resolution actions consist of approval, rejection, or postponement of the recommendation. 55 Msdk Control -- Msk Management Managing risk is one of the major processes of project governance. Risk management is a core discipline that assists managers at all levels to make correct and informed decisions. Risk management is a process for organized assessment and control of risks. It involves the identification, analysis and evaluation of the risks presented by the system being acquired and the activities to acquire it, and the development of cost- effective treatments for those risks. It applies to projects and programs of all sizes. The Tyler Project Manager will conduct an initial risk assessment based on information gathered during the Planning phase of the project. Potential risks will be identified through interviews with project stakeholders or documented in lessons learned from past projects. The Tyler Project Manager will research each risk and assign a Risk Factor based on its Probability of occurrence and potential Impact on the project. The Tyler Project Manager will provide recommendations to the City Project Manager for risk mitigation. Additional risks can be reported by any of the City's Functional Team Members to their supervisor or to the City Project Manager who will then discuss the risk with the Tyler Project Manager. In addition, Tyler Functional Team Members will notify the Tyler Project Manager of project risks as they arise. The Tyler Project Manager will assess risks as they are identified and provide recommendations to the City Project Manager for risk mitigation. The Tyler Project Manager will associate each risk that requires a mitigation plan to one or more project phases in which the risk could occur. A Trigger Event may also be identified for a documented risk — an event that, if it occurs, clearly indicates that the risk has presented itself in the project. Upon approval by the City, the project risks and the associated mitigation plans will be documented in the Project Risk Log. Each documented risk will have a Risk Owner— a project stakeholder that is responsible for monitoring the risk and any applicable Trigger Events to determine whether a risk event has occurred. The Risk Owner will be responsible for notifying the project stakeholders of the risk event and implementing the mitigation plan. Page 39 of 41 System Implementation Statement of Work-City of Corpus Christi (^Oty^)for its Municipal Court Section 6. References 6.l Tyler Pdhdes and Standards 6.1.1 Cancellations Tyler schedules implementation dates onafi,st'oome'first-served basis. Implementation dates that are postponed will be rescheduled according to then-current availability for the assigned consultant. Tyler implementation schedules are developed well in advance of onsite implementation.This is required in order to build City schedules for planning purposes. Conflicts arise when City cancels or postpones implementation days.Tyler strongly recommends having a back-up employee available for implementation in the event the main contact becomes unavailable. This helps to mitigate the risk of cancelling training. If for any reason City needs to reschedule/cancel dates for training, please contact the project manage,as soon as possible. 6.1.2 After-Hours Work Our implementation staff is scheduled to work regular business hours only. Off-hour implementation services can be requested with a 30-day notice.We reserve the right to deny the request due to personnel availability. Tyler recognizes that the City operates court at night and on the weekend, and implementation services may need to be scheduled to assist during those timeframeo. Tyler also recognizes that certain other project tasks such as running conversion programs may carry through past business hours.These off-hour assignments will be identified on the project schedule and agreed toby the Tyler and City project managers inadvance. 6.1.3 Parallel Processing The City io not intending to engage in parallel processing. 6.1.4 Homework Many cities underestimate the time required on their side for a successful implementation.Throughout the implementation process many tasks must becompleted. Most of these are data input o,related jobs,which need tobe completed before proceeding.These are often time-consuming tasks; it is more cost effective for the City if these tasks are completed between scheduled implementation days. In order to meet anticipated deadlines it is imperative that these "homework assignments" be completed on time and before the next relevant implementation day.Tyler Consultants will report delays to the City project manager and Tyler Project Manager. |tio the responsibility of the City project manager to track that homework io being done aoassigned. 6.1.5 Training Conducting training in an area free from interruption will allow for the most effective implementation possible.We highly recommend a designated area that allows the Consultant and trainee(s)space to organize any relevant documents, network access tothe|N[ODE Products system, a working printer, a telephone, and a white board with markers.This allows a greater ability to focus on the task at hand and helps to ensure that real pn,g,eoo is made during each implementation/training session. If a separate room is not an option we suggest that the individuals involved in the implementation are not expected to fulfill their regular work responsibilities during the scheduled training.The goal is to keep interruptions ataminimum. Tyler requires at least one member from Management Staff attend every implementation/training session, or that they be available to answer all non-Tyler questions brought up during the implementation, at the end of each session. Requiring Management attendance also eliminates debate regarding whether the implementation day was effective. In the past, end users have told uo that they are not ready togo live because they were not trained or not trained well. Management can only validate these statements if present at all training sessions. Page 40of41 System Implementation Statement of Work-City of Corpus Christi ("City')for its Municipal Court 6.1.6 Product Documentation Tyler will provide documentation for the software products in the form of training agendas and handouts as part of the implementation process. These materials will be tailored to reflect the configuration of the City's products, and they will be provided in Microsoft Word format so that the City can modify and reproduce them as needed for future training needs. Tyler expects the City to update the training documentation as desired to reflect future patches and releases, according to the release notes provided by Tyler. Tyler's Incode application documentation is online and includes both operator and administrative functions. Documentation is included for all release versions of Incode software and is updated as new versions of the software are released. The documentation includes a table of contents, index, key word search,and bookmark capabilities and is also available to users as context-sensitive Help.Tyler does not maintain or distribute this information in Microsoft Word format. Page 41 of 41 Exhibit 3 Tyler Business Travel Policy 1. Air Travel A. Reservations and Tickets The travel coordinator has been directed to provide travelers the lowest available airfare within two hours before or after the requested departure time (a.k.a. two-hour window). Employees are encouraged to make reservations far enough in advance to take full advantage of discount opportunities. B. Baggage Fees Fees for checking up to two pieces of baggage will be fully reimbursed,provided they are directly related to Tyler business. Baggage fees for sports equipment are not reimbursable. 2. Ground Transportation A. Private Automobile Business use of an employee's private automobile will be reimbursed at the current IRS rate plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. B. Rental Car Employees are authorized to rent cars when cost, convenience and the specific situation require their use. The Company has selected specific providers as its primary rental car firms. Reservations must be made through the travel coordinator or online booking tool to ensure that we take full advantage of the contract. When renting a car for Company business, employees should decline the "collision damage waiver" and "personal accident insurance" on the rental agreement as the Company carries leased vehicle coverage for any employee leasing a vehicle for business purposes. Travelers should also decline the "fuel purchase option" and return the car with a full tank of gas. The Company will not reimburse for non-essential products and services such as GPS devices and Satellite Radio. C. Public Transportation Taxi or airport limousine services should be considered when traveling in and around cities or to and from airports. The Company will reimburse the actual fare plus a reasonable tip (15-18%). In the case of a free hotel shuttle to the airport, a$1 tip per bag is reimbursable. 3. Lodging The Company has selected specific providers as its preferred hotel vendors. Reservations must be made through the travel coordinator or online booking tool to ensure that we take full advantage of the contracts. Hotel chains that are well established, reasonable in price and conveniently located in relation to the traveler's work assignment should be selected. Typical hotel cost per night should not exceed $100 per night before taxes. If the customer has a discount rate with a local hotel, please notify the travel coordinator as soon as possible to ensure that all employees can take advantage of the rate. 4. Meals Meals while on travel status are reimbursable per the rate published by the IRS at www.gsa.gov/perdiem The split for the per diem meals is: 15%Breakfast 25%Lunch 60%Dinner A. Overnight Travel Employees on overnight travel status are eligible to claim all three meals on their expense report except as follows: Departure Day Depart before 12:00 noon lunch and dinner Depart after 12:00 noon dinner Return Day Return before 12:00 noon breakfast Return between 12:00 noon& 8:00 p.m. breakfast and lunch Return after 7:00* p.m. breakfast,lunch and dinner *7:00 is defined as direct travel time and does not include time taken to stop for dinner B. Same Day Travel Employees traveling at least 2 hours to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 8:00* p.m. *8:00 is defined as direct travel time and does not include time taken to stop for dinner 5. Internet Access—Hotels and Airports Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If your hotel charges for internet access it is reimbursable up to $15.00 per day. Charges for internet access at airports are not reimbursable. Effective April 1,2012 EXHIBIT 4 INSURANCE REQUIREMENTS L VENDOR'S LIABILITY INSURANCE A. Vendor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Vendor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises— Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired&Non-owned WORKERS' COMPENSATION Which Complies With The Texas Workers' Compensation And Paragraph Ii Of This Exhibit. EMPLOYER'S LIABILITY $500,000 / $500,000/ $500,000 C. In the event of accidents of any kind related to this project, Vendor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Vendor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Vendor's financial integrity is of interest to the City; therefore, subject to Vendors right to maintain reasonable deductibles in such amounts as are approved by the City, Vendor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Vendor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. Vendor shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Vendor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax# D. Vendor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage. Vendor provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Vendor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Vendor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Vendor to discontinue sales/work hereunder, until Vendor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Vendor may be held responsible for payments of damages to persons or property resulting from Vendor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Vendor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement, with the exception of the workers' compensation policy. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2013 Municipal Court Purchase and Installation of Software— ins. reqs. 12/2/2013 ds Risk Management Exhibit 5 COMPANY WEB SERVICES -INTERNET BASED PRODUCTS SUBSCRIPTION AGREEMENT TERMS AND CONDITIONS THIS AGREEMENT is effective as of the date of acceptance set forth at the end hereof,and is by and between Tyler Technologies, Inc.,hereinafter referred to as COMPANY and the City of Corpus Christi,Texas,hereinafter referred to as the"SUBSCRIBER". DEFINITIONS COMPANY Web Services COMPANY Web Services are designed to enable SUBSCRIBER to easily establish a presence on the Internet.COMPANY Web Hosting and Design is composed of the COMPANY Web Hosting and Design Publishing Component and other miscellaneous components. These components may be used independently or in conjunction with each other. COMPANY Court On-Line The COMPANY Court On-Line Component provides the ability for municipal court fines to be paid by credit card via the Internet. Since it was designed by COMPANY, this system interfaces seamlessly with COMPANY's InCourt Municipal Court System. AGREEMENTS 1) TERM.SUBSCRIBER must return an executed copy of this Agreement to COMPANY within 90 days from the issue date. Thereafter,the Agreement will be voided and is subject to change.Subject to the limitations of this Section 1,and unless otherwise provided for in this Agreement, the term of this Agreement shall commence as of the effective date and shall continue for three(3)years.The term shall thereafter be automatically extended in separate consecutive periods of twelve (12)months duration unless either party gives written notice to terminate.Notice to terminate must provide at least sixty(60) day notice of said intent.In the event that the SUBSCRIBER fails to pay any amount payable to COMPANY hereunder, when due,or fails to comply with any other provision of this Agreement,COMPANY may terminate the SUBSCRIBER's rights by written notice to that effect to the SUBSCRIBER. COMPANY may, by written notice to the SUBSCRIBER, terminate its obligations under this Agreement in the event that COMPANY, for whatever reason, ceases to host SUBSCRIBER's Web Site.A termination of the SUBSCRIBER's rights under this Agreement shall not terminate any of the parties'rights under this Agreement to receive or hold amounts rightfully owing to the respective party pursuant to the terms of this agreement or to enforce the intellectual and proprietary rights in the COMPANY concept,web site, software, and technology. Upon termination or non-renewal of this agreement, the parties shall each promptly account for all due but unpaid amounts hereunder.If SUBSCRIBER wishes to terminate before the stated term expires, SUBSCRIBER must give sixty (60) days written notice in order not to incur termination costs of $300.00. Please also see section entitled "TERMINATION"in this Agreement. 2) NATURE OF WEB SITE.COMPANY shall maintain a web site accessible over the Internet,for SUBSCRIBER. This web site shall contain both static information pages,non-static interactive pages as well as payment function pages.The web site shall allow a citizen with Internet access to view relevant data provided by SUBSCRIBER.This data may include certain data elements from SUBSCRIBER's Tyler Software System. This web site shall be equipped to accept payment of amounts owed to SUBSCRIBER,via Secured Socket Layer(SSL) encryption and credit card or debit card charge. 3) DATA PROCUREMENT.COMPANY must host the components and services listed in the Investment Summary of this Agreement. The SUBSCRIBER will be required to setup a merchant account with Electronic Transaction System Corporation or authorized.net for the sole use of COMPANY Web Service transactions.The merchant account must be setup to fund to the SUBSCRIBER bank account.All fees for the merchant account will be paid by SUBSCRIBER. SUBSCRIBER will be required to install and run Tyler Web Services in order for the COMPANY On-Line application to access and transfer the necessary data from the SUBSCRIBER's primary software system, to COMPANY's web server. The transfer will occur on a real time basis. Additionally, certain information, such as payment information,must be conveyed to SUBSCRIBER. COMPANY will assume responsibility for transferring such information back to SUBSCRIBER on a regular basis. Tyler Web Services requires a dedicated IP address. Assignment of dedicated IP address is the sole responsibility of SUBSCRIBER. 4) LICENSED SOFTWARE OWNERSHIP. SUBSCRIBER agrees that COMPANY possesses exclusive title to and ownership of the COMPANY Software. a. SUBSCRIBER agrees that SUBSCRIBER acquires neither ownership nor any other interest in the COMPANY Software, except for the right to use and possess the COMPANY Software in accordance with the terms and conditions of this Agreement. b. All rights not expressly granted to SUBSCRIBER in this Agreement are retained by COMPANY. C. SUBSCRIBER agrees that COMPANY Software including,but not limited to,systems designs,programs in source and/or object code format, applications, techniques, ideas, and/or know-how utilized and/or developed by COMPANY are and shall remain the exclusive property of COMPANY. SUBSCRIBER agrees that the COMPANY Software consists of COMPANY's trade secrets.COMPANY shall retain all copyrights in the COMPANY Software,whether published or unpublished. d. COMPANY agrees that all data provided to COMPANY for the purposes of generating the web site shall remain the property of SUBSCRIBER.Should SUBSCRIBER terminate the Internet Services in good COMPANY WEB SERVICES - INTERNET BASED PRODUCTS SUBSCRIPTION AGREEMENT TERMS AND CONDITIONS standing and in accordance with the termination provisions of this Agreement,COMPANY agrees to return to SUBSCRIBER,all graphics,text documents,and data files held by COMPANY. 5) SUBSCRIBER MEMBERSHIP FEES.For establishing new COMPANY Web Services,the SUBSCRIBER shall pay to COMPANY the amounts as stated in the Investment Summary. 6) INSITE FEES.COMPANY may increase the INSITE per-transaction fee for online payment no more than once per year with prior written notice. 7) NOT ASSIGNABLE.The rights of the SUBSCRIBER under this Agreement are not assignable without the prior written consent of COMPANY.Any attempt to sublicense,assign,encumber or transfer any of the rights,duties or obligations under this Agreement by the SUBSCRIBER is void. Subject to the foregoing,this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors. 8) SOFTWARE MAINTENANCE. This SUBSCRIPTION AGREEMENT includes unlimited telephone support, support by communication modem,and all software upgrades,enhancements and new releases.COMPANY reserves the right to change the functionality of future releases of its software and SUBSCRIBER understands that COMPANY is not obligated to include specific functionality in future releases unless provided for herein. 9) PARTIAL INVALIDITY.Should any provision or clause of this Agreement be held to be invalid,such invalidity shall not affect any other provision or clause hereof,which can be given effect without such invalid provision or clause. 10) RESPONSIBILITY OF DATA.COMPANY will assume responsibility for all data transfer,but not responsible for data accuracy. 11) SITE REQUIREMENTS. a. SUBSCRIBER shall maintain a high speed internet connection(1.5mbps download AND 512kbps upload) with a static IP address and must be able to provide COMPANY with IP connection to SUBSCRIBER's network through Citrix GotoAssist,VPN,Citrix,or Microsoft Terminal Services. COMPANY shall use the connection to assist with problem diagnosis and resolution. COMPANY is not responsible for purchase of VPN client software license or configuration of SUBSCRIBER's firewall settings.No wireless Internet connections allowed. b. COMPANY shall provide SUBSCRIBER with remote support through the use of secure connection over the Internet connection via Citrix GotoAssist.If SUBSCRIBER will not allow access through GotoAssist, COMPANY cannot guarantee support standards will be met. 12) PROPRIETARY INFORMATION. a. Distribution of COMPANY Software.SUBSCRIBER may not sell,assign,transfer,disclose,or otherwise make available,either directly or indirectly,any object code,documentation or other material relating to the Software,in whole or in part,or any copy of the same in any form,to any other person or entity. b. Software as Trade Secret. SUBSCRIBER shall maintain the confidentiality of the Software and unless specifically authorized by COMPANY or except for ordinary and necessary backup purposes, SUBSCRIBER may not make or have made any copies of the Software or any part thereof. SUBSCRIBER shall include COMPANY's proprietary notice or other legend on any copies made by SUBSCRIBER as permitted hereunder. 13) WARRANTY, DISCLAIMER, LIMITATION ON LIABILITY. COMPANY warrants that the Software will substantially conform to current specifications delivered by COMPANY to SUBSCRIBER pursuant to this Agreement,including COMPANY's response to the Request for Proposal for six(6)months following installation; provided,however,that COMPANY's warranty hereunder shall not cover or apply to any software or part thereof that is not developed or designed by COMPANY.In the event that the Software is found to be defective in such respect and SUBSCRIBER notifies COMPANY in writing within six (6) months after its receipt of the Software of any substantial non-conformity of the Software with such specifications, COMPANY's sole obligation under this warranty is to remedy such defect within a reasonable time. THE FOREGOING WARRANTY IS EXCLUSIVE AND IS MADE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS,WHETHER EXPRESS OR IMPLIED,IN FACT OR IN LAW,INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.COMPANY SHALL IN NO EVENT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF THE CHARGES PAID BY SUBSCRIBER HEREUNDER FOR THE DEVELOPMENT AND LICENSE OF THE SOFTWARE.IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, REVENUES OR DATA, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY WEB SERVICES - INTERNET BASED PRODUCTS SUBSCRIPTION AGREEMENT TERMS AND CONDITIONS 14) HOLD HARMLESS. SUBSCRIBER agrees that, to the extent permitted under applicable law, it will hold COMPANY harmless against any claims, damages, liabilities, costs and expenses, including reasonable attorneys' fees,arising out of or relating to a. SUBSCRIBER's failure to implement any corrections, improvements and new releases relating to the Software,or any part thereof, b. SUBSCRIBER's unauthorized alterations to or use of the Software,or C, SUBSCRIBER's breach of any of its obligations to maintain the confidentiality of the Software or SUBSCRIBER's unauthorized copying thereof. 15) TERMINATION. This Agreement or any license referenced hereunder may be terminated by COMPANY upon written notice to SUBSCRIBER if SUBSCRIBER performs any breach of the terms of this Agreement.At the date of termination of this Agreement, SUBSCRIBER shall promptly return to COMPANY any Software, related documentation,materials and other property of COMPANY then in its possession,and any copies thereof wherever located.Notwithstanding the foregoing,all provisions hereof relating to confidentiality of the Software shall survive the termination of this Agreement. 16) GENERAL. a. This Agreement shall be governed by the laws of SUBSCRIBER's state of domicile and constitutes the entire Agreement between the parties hereto with respect to the Software described herein, and shall supersede all previous or contemporaneous negotiations,commitments and writings with respect to the matters set forth herein. b. All acceptances by COMPANY of purchase orders and all sales by COMPANY are expressly limited to and made on the basis of the terns and conditions set forth herein, notwithstanding receipt or acknowledgment of SUBSCRIBER's order forms or specifications containing additional or different provisions, or conflicting oral representations by an agent, representative or employee of COMPANY. Any such additional or different terms are hereby objected to. All acceptances by COMPANY are expressly conditional on SUBSCRIBER's assent to the additional or different terms and conditions set forth in this Agreement. If these terms and conditions are not acceptable, SUBSCRIBER should notify COMPANY at once. City of Corpus Christi,TX Tyler'T'echnolo ies,Inc. t By: By: Name: Name: 1�7/ G Title: Title: Date: Date: Exhibit 6 The Data Conversion Process Purpose One of the most difficult aspects of software transition revolves around data conversion. This process takes place in one of two ways: 1. The manual method - In the manual mode the Client enters data from the existing system into the new Tyler system. 2. The automated method - In the automated mode a software program is written or coded in order to facilitate moving information from the existing system to the new Tyler system. This document is provided to aid the Client in understanding the automated conversion process and to provide clear direction as to the responsibility and the scope of the process. Who should read this document? The obvious answer to this question is the individual at the Client site that is most responsible for the transition. Specifically, it should be: 1. The individual responsible for extracting and providing data from the old system to the Tyler system. 2. Any individuals responsible at a department level. 3. Any individual that would benefit from understanding the conversion process The Conversion Process The process itself has a predefined set of steps that must take place for a successful conversion: 1. Initial data extraction- The Client must perform the preliminary extraction and transmission of data. 2. Data Evaluation - Tyler will then be responsible for evaluating the information that has been transmitted. Upon a successful evaluation, the Client will be contacted for further scheduling. 3. Conversion scheduling - Once a schedule has been decided upon, Tyler will proceed in development of the conversion programs. During the development step, the Client will be responsible for providing knowledge and insight into the information from its current system. 4. On-Site Conversion -Upon Tyler's arrival at the Client's site for the conversion,the Client will be responsible for a final extraction of the data. In most situations the Client will not have to transmit the final extraction to Tyler. The Tyler trainer on site will assist the Client in preliminary Tyler application setup that is required for the conversion as well as execute the conversion programs and assist in the verification of the converted information's integrity. Even though the Tyler trainers possess a great deal of knowledge in the area of conversion, it is ultimately the Client's responsibility to validate any converted data. The sections that follow clearly outline and describe each of the above steps. Data Extraction and Transmission of Data The Client must supply data in ASCII file format with unpacked data fields. The ASCII(pronounced as AS-key)is an abbreviation that represents the American Standard Code for Information Interchange. This standard was established in 1967 and still represents one of the most important standards in the computer industry.Vendors also use compression techniques in their data structures to pack numeric fields and dates. Since these techniques are not standard and vary from vendor to vendor,we are unable to process this information.In the simplest of terms,the Client's data that is transmitted to the Tyler system should be legible in a standard text processing program such as Windows textpad or wordpad. The characters that you view on screen should be the same characters that are on your computer keyboard. File Descriptions and layout The Client must supply sufficient file descriptions and layout information for the data. Sometimes file descriptions will be referenced as data definitions.Normally data files have one row after another. Each row represents a record or grouping of information. As an example, a vendor file would normally have a row for each vendor in the system. The rows then have to be broken down further into columns or fields. An example of a field in the vendor file could be vendor name. The file description provides the information needed to know exactly what position each field starts and stops in each row. In all cases, file descriptions are absolutely necessary for any type of conversion. Media Type Unless the Client's existing system has a unix operating system, the most desirable media to transmit the data would be a ed. In situations where a writable cd is not available, the Client can submit the information on a zip disk or 4mm tape. If a 4mm tape is used then the Client should transfer the information to the tape using the standard Windows backup software. The Client may also submit the data via email when the Client has a compression utility such as winzip and a fast and reliable internet connection. When the Client's existing system has a unix operating system, the Client may use any of the methods mentioned above with the additional transmittal method of a 4mm tape with the maximum capacity of 4gb or a '/4 inch tape with the maximum capacity of Igb. The Client should include the Data Transmission Form with the media. If the Client is using email to transmit the data, include the information from the Data Transmittal Form in the email as text or an attachment. In situation where none of the above options are available to the Client, arrangements should be made with Tyler as to viable alternatives. These alternatives may involve additional fees. There are certain vendors that Tyler has had considerable conversion experience and has developed processes to extract the information from their proprietary data files. Other vendors store their data in Microsoft Access or Microsoft SQL Server database. It is possible in these situations that the Client can provide their existing data files in their current state without data extraction. In this scenario the Client would only be responsible for providing a backup of their current data. The first data extraction is for the sole purpose of developing the conversion software. This extraction should contain all the tables or files that are to be converted along with the appropriate record layouts. An incomplete extraction can produce time delays and undesirable results during the actual conversion. Final Data Extraction The final data extraction will be performed on the day of or a day very close to the final conversion. This extraction will be coordinated with Tyler's conversion personnel and implementation coordinator. Data Extraction Assistance In almost all instances the Client owns its data,but the current software provider's file descriptions will be considered proprietary information. There will be scenarios where the software provider will not provide file descriptions or will provide the descriptions for a fee. Any fees required by the vendor are the responsibility of the Client and are not included in the contract. In many situations the data will have proprietary fields with no easy solution for extraction. Tyler's years of experience with data conversions has lead to many innovative techniques for data extraction. When the Client has exhausted its available options, Tyler can assist with the data extraction for additional fees. The Client will have the responsibility of contacting their sales representative for a quote for additional services. Upon receipt of a purchase order from the Client, Tyler will proceed with this assistance. Conversion Scheduling Once Tyler has received the data from the Client a three stage evaluation process will be implemented. Media will be evaluated as to its readability. Each data file transmitted will be reviewed as to its format, file description, and estimated complexity. When these two stages have been successfully completed, Tyler's implementation coordinator will schedule with the Client a time for the data conversion, conversion assistance, and training. The third stage of the evaluation is more detailed and will follow in approximately 3 weeks. During this stage the data will be evaluated for its completeness,validity, and mandatory fields needed in the conversion. If problems arise during this process, Tyler will communicate to the Client the problems. The Client will be responsible for resolving the problems in a timely a manner as possible so that the schedule is not affected. If no problems arise then the Client can assume that Tyler is on schedule. Timing is an important element during a data conversion. Scheduling of the conversion will revolve around the most advantageous cutoff dates. For example, if a Client bills their utility customers at the end of each month, the best time to do the conversion would be during the last two weeks of the month. Financial conversions will be easier to validate if performed after a period has been closed. All of these elements will be discussed by the implementation coordinator with the Client during scheduling. Conversion Program Development After Tyler receives and validates the Client's data, the development of the conversion program will begin. During the development process, questions about the Client's current data or application may be raised. The Client is responsible for providing contact information for staff member(s)that are capable of responding to questions for each module being converted. It is important for the Client to understand that Tyler has a minimal amount of experience with the Client's current application. Questions raised by Tyler will be the result of analyzing data. There are a significant number of times when the data being analyzed does not correspond with the information that the Client views on the screen in their current application.Providing staff members that have an in depth knowledge of the Client's current application is a key element of a successful conversion. Part of the development process will be testing the program with the data provided in the first extraction. This testing will take place at Tyler's facilities.Any potential problem areas will be communicated to the Client. Conversion Assistance As part of the contract, a Tyler trainer will be at the Client location during the actual conversion. The trainer will provide conversion assistance in the areas of preliminary setup, conversion program execution and data validation. Even though the primary focus of the trainer is a successful completion of the conversion process,the trainer will be providing a limited amount of training in certain areas. In a majority of cases, the trainer responsible for the conversion assistance will also be responsible for the training that will occur either before or after the conversion. It is important to note that the trainer will not be the programmer responsible for the creating or modifying conversion program. The trainer will be responsible for conveying to the programmer discovery of Client specific information before the final conversion and any mistakes found after the conversion. The Client will need to facilitate the trainer by providing a comfortable place to work, access to facilities before and after normal work hours and telephone communications. Data Validation The final step in the conversion process is the data validation. Much attention will be given to data integrity during the testing phase by the program developers. The conversion assistant will also spend time testing the integrity of the information. Balances and the output of processes will be tested after the conversion. A visual inspection of different modules will be performed by choosing different records on a random base. But data validation is ultimately the responsibility of the Client. Conclusion After over 20 years and several hundred conversion experiences, Tyler has determined that there are several key factors in a successful conversion. The Client needs to have a realistic expectation of what is going to happen. The Client must understand that there are no pleasant conversions; therefore a successful conversion is one that provides the least amount of displacement and discomfort. More than likely, the Client will have to change their schedules and prepare for a heavier work load during the conversion. The Client has to realize that the data on the system being converted is exactly how the data will be on the new system. The conversion process does not clean up or correct any information during the conversion process. The old adage"garbage in, garbage out"is very relevant during the conversion process. One example would be a general ledger conversion where the current system's ledger is out of balance. After the conversion, the Tyler general ledger will be out of balance. And finally, to have a successful conversion, there must be a team approach by all those involved. cr) lI It uuuuuuuuuuuuuuuuuuuuuuuuuum uuuuuuuuuuuuuuuuuuuuuuuuuuu it uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu cr: cv ............... HMO II Cc D C% ILO o CNN %..........I coc a) MINIM: CL) E (LD ILJU c uuuuuuuuuuuu EE Lol W> co ca al sit L C:L O O O a C: LZ ♦= > Q > O 07 � N Q U •U C C: � C 'F ) O c •> N }' O 4-0 N Q O C: •— O a) N N �������� ������������������������������������������� O N •— � to •— t N 4-0 4-0 U U Q O cu � O E Z 0 Q O O U co a) E X � U O O O Q cn � U C: ♦_+ c� .o cn CU L- � }' -01-j c: n 0 -L L—O N c: .9 cu Q U •CU N N X m > D C� W LL Q 0 O cn 2 E Q -a) U �, X c _ N N N � O U C: L N cn O a) N m � U X O (1) c: N Q O (D cn cn O N 0 0 Q N E O N .� L N U O O c cu N J O O N X J •— L + U Q •C: O CD iiiiiiiiiiiiiiiiiiiii11(iiiiiiiiiiiiiiiiiiiilliDillillilillilI O •C: N O O N N >� } , — U) fir O O �Io �Dl M M coo om luuu�lm f�} E� O M �Io �Dl co LO 00 V- It Lf) V- 0 N LO O O Iq O _M co O O O u O Cfl 1� Cfl M fff�l1IIIIII co N ti (D �jjjldI M r tf} � Hof 60- U) O U N O � C:HIV C � C: can !E� E E ca E N }, _ _ o 0 co cr E 0 � ca o o U W H Q D U LL O AGENDA MEMORANDUM Future Item for the City Council Meeting of December 10, 2013 Action ltem for the City Council Meeting of December 17, 2013 DATE: November 20, 2013 TO: Ronald L. Olson, City Manager FROM: Kimberly Jozwiak, Director of Municipal Court kimberlviO-cctexas.com (361) 626-2515 Appropriating Funds for the remodeling of the City Detention and Magistration Center to create a safety vestibule for all arresting entities to bring arrested person(s) CAPTION: Ordinance appropriating and transferring $50,000.00 from the Unreserved Fund Balance in the No. 1020 General Fund for the remodeling of the City Detention and Magistration Center to create a safety vestibule; and changing the FY 2013-2014 Adopted Annual Operating Budget adopted by Ordinance No 029915 by increasing expenditures by $50,000 in the No. 1020 General Fund. PURPOSE: To create a secure space for all arresting entities to bring arrested person(s) into a safety vestibule for the initial booking process. BACKGROUND AND FINDINGS: Since its inception in 2004, the City Detention and Magistration Center (CDC) has functioned as a short-term holding facility that allows City-employed law enforcement agencies to bring arrested persons for identification and magistration purposes. Once these processes are completed, arrested persons with Class A and B Misdemeanor and/or Felony charges, are transported to the Nueces County Jail for housing. The current layout of the CDC offers no secure area for law enforcement to complete the requirements of the "pre-book-in" process, which includes completing arrest reports, affidavits, and computer data entry. Currently, arresting officers are forced to complete these tasks, within the confines of their patrol cars, with the arrested person detained in the rear seat of the same patrol car. Depending on the circumstances of the arrest, this can be a lengthy process. Since the safety of those in custody and that of law enforcement is paramount, this safety vestibule will provide an enclosed, secure area, within the CDC, where an arresting officer may safely secure an arrested person, while he or she completes the appropriate "pre-book-in" process at computer workstations and/or work areas. ALTERNATIVES: Leave the layout of the City Detention and Magistration Center in its present condition and have the arresting entities continue to initiate the booking process in their patrol cars OTHER CONSIDERATIONS: Non-applicable CONFORMITY TO CITY POLICY: This Ordinance conforms to City policies for appropriation of funds. EMERGENCY INON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Operating Revenue Capital X Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 CIP onl Current Year Future Years TOTALS ........................ .... . ........... .......... .... Line Item Bud et ,,,,,,,,,,,,,,,,,,,,,,,,, 0 ,,,,,,,,,,,,,,,,,,,,,,,, TBD .................. .............. ............... Encumbered 1 E ended Amount 50®000'00 ,........_................ .. ,,,,,,, $50,0O00a..., ,,,,,,,,,,,,,,,,,,,,,,,,,,, ................„ $ This item ,,,,,,,,,.,,_...._0.00 ......TB„ .....................m, ,,,,. $50.000.00... ........,,.w,,,,,,,,,,,,,,,,,. .....,,,................__.._ � „............. ...,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,�....................m, ,,,, ,,,,,,,,,,,, 50 00 0 0 ' BALANCE .m..,,, �. �_.m ..... „ , ....... Fund{s}; .mm ,,,, � �.w Comments: None RECOMMENDATION: City Staff recommends the approval of this Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Appropriating $50,000 from the Unreserved Fund Balance in the No. 1020 General Fund for remodeling the City Detention Center to create a safety vestibule; and changing the FY 2013-2014 Adopted Annual Operating Budget adopted by Ordinance No 029915 by increasing expenditures by $50,000 in the No. 1020 General Fund. Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the amount of $50,000 is appropriated from Unreserved Fund Balance in the No. 1020 General Fund for remodeling the City Detention Center to create a safety vestibule. Section 2. That the FY2013-2014 Operating Budget adopted by Ordinance No. 029915 is changed by increasing expenditures by $50,000 in the No. 1020 General 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, NeldaMartinez Chad Magill ...................................................................................................... KelleyAllen Colleen McIntyre ............................................................................................................. Rudy Garza Lillian Riojas ................................................................................ Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ......................................................... ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor AGENDA MEMORANDUM Future Item for the City Council Meeting of December 10, 2013 Action Item for the City Council Meeting of December 17, 2013 DATE: November 11, 2013 TO: Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation 289-0171 ext.1213 FredS(a)-cctexas.com Authorize use of Passenger Facility Charge funds for payment of debt service associated with terminal and roadway improvements at Corpus Christi International Airport. CAPTION: Ordinance appropriating $1,138,856 from the Unreserved Fund Balance in the Passenger Facility Charge Fund No. 4621 and transferring and appropriating $823,854 to the Airport 2012A Debt Service Fund No. 4640 and $315,002 into Airport 2012A Debt Service Fund No. 4641 for debt service on Airport Improvements; amending the FY 2013-2014 Capital Budget adopted by Ordinance No. 029916 to increase appropriations by $171387856. BACKGROUND AND FINDINGS: Passenger Facility Charges (PFC's) for the Corpus Christi International Airport were approved by the Federal Aviation Administration to fund projects and debt service on terminal building and roadway improvements. The terminal and roadway projects were funded by the 2000 A&B Series Bonds and were completed in 2000. Appropriation of PFCs will be used to pay only debt service. In July 2012, the original Series 2000 A & B revenue bonds were refunded and replaced with the Series 2012 A & B General Obligation bonds. The bonds are serviced entirely from airport revenue. The current PFC charge is $4.50 per enplaned passenger and must be appropriated prior to any expenditure. ALTERNATIVES: The only possible option is to fund the $1,138,856 in debt service entirely from the Airport Operating Fund. This is not a financially viable option as the Fund has a balance of approximately $5 million and debt obligations continue until 2030 OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Projects funded are consistent with Airport Master Plan and the funding plan is consistent with the City's Financial Policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: CIP Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item $1,138,856 $1,138,856 BALANCE $1,138,856 $1,138,856 Fund(s): Passenger Facility Fund - 4621 Comments: Passenger Facility Charge funds and budgeted operating funds combine to provide the total debt service requirement. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Appropriating $1,138,856 from the Unreserved Fund Balance in the Passenger Facility Charge Fund No. 4621 and transferring $823,854 to the Airport 2012A Debt Service Fund No. 4640 and $315,002 into Airport 2012A Debt Service Fund No. 4641 for debt service on Airport Improvements; amending the FY 2013-2014 Capital Budget adopted by Ordinance No. 029916 to increase appropriations by $1,138,856. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $1,138,856 is appropriated from the Unreserved Fund Balance in the Passenger Facility Charge Fund No. 4621 and $823,854 transferred to the Airport 2012A Debt Service Fund No. 4640 and $315,002 transferred to the Airport 2012A Debt Service Fund No. 4641 for debt service on Airport Improvements; SECTION 2. That the FY 2013-2014 Capital Budget adopted by Ordinance No. 029916 is amended to increase appropriations by $171387856 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 the day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor SC j2 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 10, 2013 Action Item for the City Council Meeting of December 17, 2013 DATE: November 11, 2013 TO: Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation FredS(a)-cctexas.com 289-0171 ext.1213 Appropriating $62,249 from the Federal Aviation Administration Grant No. 3-48-0051-048- 2011 in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport. CAPTION: Ordinance appropriating $62,249 from the Federal Aviation Administration Grant No. 3- 48-0051-048-2011 in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. The FAA previously offered Grant 48 in the amount of $3,250,000 to the City of Corpus Christi to fund upgrades to security and perimeter road systems. The project scope includes placing a fiber optic infrastructure around the airport perimeter road. In addition, three automatic rolling gates, access control readers and various surveillance cameras were installed to enhance airport security. BACKGROUND AND FINDINGS: During the construction phase, additional opportunities for enhanced automatic gate and access control improvements were identified. The additional improvements were presented to the FAA Program Manager and approved for additional funding by way of a $62,249 amendment to Grant 48. ALTERNATIVES: The only alternative would be for the additional project costs to be funded entirely from Airport funds or foregoing the additional improvements. Airport staff is of the opinion that improvements provide a substantial benefit to the terminal building. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $3,095,000 $152,000 0 $3,247,000 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $62,249 0 $62,249 BALANCE $3,095,000 214,249 0 $373097 249 Fund: 3020 Airport CIP Fund Grants RECOMMENDATION: Staff recommends approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance Appropriating $62,249 from the Federal Aviation Administration Grant No. 3-48-0051-048-2011 in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; changing the FY 2013-2014 Capital Budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $62,249. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $62,249 from the Federal Aviation Administration Grant No. 3-48- 0051-048-2011 is appropriated in the No. 3020 Airport Capital Improvement Fund to modify the Terminal Building at Corpus Christi International Airport. SECTION 2. That the FY 2013-2014 capital budget adopted by Ordinance 029916 is amended to increase revenues and expenditures by $62,249. 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 Ordinance-Grant 48 Amendment Appropriation Page 2 of 2 PASSED AND APPROVED, this the the day of 2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Ordinance-Grant 48 Amendment Appropriation C PA G d7d p:WM1"'1'p -2 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of December 17, 2013 Second Reading Ordinance for the City Council Meeting of January 14, 2013 DATE: November 21, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Commercial to Residential for Luxury Spec Homes, Inc. Property Address: 4050 Acushnet Drive CAPTION: Case No. 1113-01 Luxury Spec Homes, Inc.: A change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District, resulting in a change to the Future Land Use Plan from commercial to low-density residential uses. The property is described as Lot 13, Block 2, Country Club Estates Unit 20, located on the north side of Acushnet Drive, approximately 525 feet east of Weber Road (FM 43). PURPOSE: The purpose of this item is to rezone the property to allow construction of a single-family residential development. RECOMMENDATION: Planning Commission and Staff Recommendation (November 20, 2013): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow the construction of a single-family subdivision. This rezoning would expand the residential district located east and south of the property. Although inconsistent with the adopted Future Land Use Plan, expanding the residential district would not adversely affect the surrounding properties and it is compatible with the surrounding zoning districts. The subject property has been undeveloped since it was platted almost 15 years ago. Rezoning to a single-family district would allow development of this underutilized piece of land to meet residential housing demand. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is within the boundaries of the Southside Area Development Plan and is inconsistent with the adopted Future Land Use Plan, which slates the property for a commercial use. However, this rezoning would expand the existing single-family district to the east and south and subject property is suited for single-family development. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits 4 � l I�t v' r 1 U r� rru yN„� /�,��, t J y�ry /' •, �f1(l7y�a�� e m"�-M yl J,%�/ ''� • � ,;�RRvwp'"N r4'' w N�"!�WI�pG, �YO ✓"'p71�)J � • "1 � �!f a"��I °Mrs � k �f r �j� �'"�✓.i �P'r I V� J � V41,; �r .� l' All Q 41 d � �d t . II l p• ��., w � � �I Y�j�iNNn�W rz i rrl. "' y i o�� dPU VI 'fir a WIV7 _ .� �'`mw ;. �"I�,� �„ � �r���.!r � �i �y�,�ff�PJ,y,7,..��rk "•I ��jh�``'L.� / '"w,w'� ! 1 �� � ."dd,��R PLANNING COMMISSION FINAL REPORT Case No. 1113-01 HTE No. 13-10000037 Planning Commission Hearing Date: November 20, 2013 Applicant/Representative: Luxury Spec Homes, Inc. Owners: Mihail Chryssos and Nikolaos Hrisos 0 0.a Legal Description/Location: Lot 13, Block 2, Country Club Estates Unit 20, a J U located on the north side of Acushnet Drive, approximately 525 feet east of Q°a o Weber Road (FM 43). From: "CN-1" Neighborhood Commercial District U) To "RS-4.5" Single-Family 4.5 District •E n Area: 5.66 acres 0 � Purpose of Request: To allow construction of a single-family residential development. Existing Zoning Existing Land Use Future Land Use District Site "CN-1" Neighborhood Vacant & Commercial c Commercial Commercial c� "CG-2" General North Commercial Commercial .E y Commercial 0 � N c South "RM-1" Multifamily 1 & Low & Medium Low & Medium c J "RS-6" Single-Family 6 Density Residential Density Residential y Low Density Low Density w East "RS-6" Single-Family 6 Residential Residential "CG-1" General Vacant, Commercial West Commercial & Professional Commercial Office Area Development Plan: The subject property is located within the cL c boundaries of the Southside Area Development Plan and is planned for . commercial uses. The proposed rezoning to the "RS-4.5" Single-Family 4.5 a c District is not consistent with the adopted Future Land Use Plan. a Map No.: 046034 & 046035 Zoning Violations: None c 0 Transportation and Circulation: The subject property has 335.31 feet of c street frontage along Acushnet Drive, which is a "Cl" Minor Residential CL Collector Street. The property has indirect access to Weber Road (FM 43), which is a proposed "A-3" Primary Arterial Divided, via Acushnet Drive. L Zoning Report Case# 1113-01 Luxury Homes Spec, Inc. Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type L "Cl" Minor Acushnet Dr. Residential 60' ROW 60' ROW N/A Collector Street 40' paved 40' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District in order to construct a 33-lot single-family residential development. The lots will vary in size from 4,500 to 6,000 square feet. Existing Land Uses & Zoning: North of the subject property are commercial businesses zoned "CG-2" General Commercial District. East of the subject property is a single-family neighborhood zoned "RS-6" Single-Family 6 District. South of the subject property is a single-family neighborhood zoned "RS-6" Single-Family 6 District and a townhouse development zoned "RM-1" Multifamily 1 District. West of the subject property is vacant commercial property and professional offices zoned "CG-1" General Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District is not consistent with the adopted Future Land Use Plan's designation of the property as commercial uses. Plat Status: The subject property is platted as one lot and the developer would subdivide the subject property into minimum 4,500-square foot lots. Department Comments: • This rezoning would expand the residential district located east and south of the property. • Although inconsistent with the adopted Future Land Use Plan, expanding the residential district would not adversely affect the surrounding properties and it is compatible with the surrounding zoning districts. • The subject property has been undeveloped since it was platted almost 15 years ago. Rezoning to a single-family district would allow development of this underutilized piece of land to meet residential housing demand. Planning Commission and Staff Recommendation (November 20, 2013): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District Zoning Report Case# 1113-01 Luxury Homes Spec, Inc. Page 3 0 Number of Notices Mailed — 37 within 200-foot notification area 6 outside notification area As of November 21, 2013: Z In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 2 (inside notification area); 0 (outside notification area) 3 n a Totaling 4.25% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Site Plan K:\DevelopmentSvcs\S HARE D\ZONING CASES\2013\1113-01 Luxury Spec Homes,Inc\City Council Documents\1113-01 Zoning Report for CC, Luxury Spec Homes,Inc.docx CG -2 e- UBJL - ° PROPERTY 35 CG - "" CG . r:. 29 3j �2. zr s`37 o F 1 ol ( 32 36 ., 1 r 4 In w 24 10 4 rd r k. N ot Date Cre red 1&�l2013 ff 4p'0 "'" ,. �P?q' �, '" f"reparecd&y ,dlirerny'M eet 0 erN tafDev'edo,PlbDeaar ervdces CASE: 1113-01 ZONING NOTICE AREA RMt t Multifamily 1 ML IL Nght Industtdai M2 MYudtdfamilly 2 ddb (Heavy industrial RM1-3 Mluultifamrdly 3 PUD Planned Unh Dev,Overlay bIM Professional Office RS-10 Si ng,lle-'Famhy 10 � ^rte: 4r� ��"''•,}"� "�"'� RM. Multifamily R7 , .r �"z?imge- amy CPN-f Neighborhood CommercMal RS4 5 Single-Famudly*5 C.p-2 Neighborhood Commercial RS'-4'F Tg lmM y ... $U�J Cr CR-1 Resort Commercilal NS-15 SinNe-Fam illy 15 PROPERTY rfr RS Residential'Estate ,., / , CG-1 Gen or I. f T Special Townhouse era CG-2 en cmrn SP ferm ZA Cl Intensive Comrmerefal aX C$7 Cmwmtovm Commerc RV Recreatiilrmai Vehicle Park '•,,•,v �a. ,," `'•,,••.,. AM,N Manufactured Home CR-3 Resort Commercial hq #atl tla v yIFR Fdm Rural F N !SP Business Park ,S a w tIl 2 A0'bilileo l i1n as�r¢ ...,r.' City f PU, .deero rTYn 200 lynief on l vrers attached s ✓ea.arip NzWe rarN p °jk)rn L0CA � M l"` LhnS't.j. EXHIBIT A r, r-41 1.6 =316.68' cd=308,93' cb—N39'44'40"W d-44` 14132 t \ 1 � D � 11 1 SCALE:P=301 °"AP"' ' E \ EXHIBIT B 3IX d' )p W yo• Ordinance amending the Unified Development Code ("UDC"), upon application by Luxury Spec Homes, Inc., acting as agent behalf of Mihail Chryssos and Nikolaos Hrisos ("Owners"), by changing the UDC Zoning Map in reference to Lot 13, Block 2, Country Club Estates Unit 20 from the "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Luxury Spec Homes, Inc., acting as agent behalf of Mihail Chryssos and Nikolaos Hrisos ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 20, 2013, during a meeting of the Planning Commission, and on Tuesday, December 17, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Luxury Spec Homes, Inc., acting as agent behalf of Mihail Chryssos and Nikolaos Hrisos ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 13, Block 2, Country Club Estates Unit 20 (the "Property"), located on the north side of Acushnet Drive approximately 525 feet east of Weber Road (F.M. 43)7 from the "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District (Zoning Map No. 046034 & 046035), as shown in Exhibit "A." Exhibit A, which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 1113-01 Ordinance, Luxury Spec Homes, Inc. Page 2 of 2 se Q d'0ONw OR It 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of December 17, 2013 Second Reading Ordinance for the City Council Meeting of January 14, 2014 DATE: November 25, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Single-Family to Two-Family Residential For Robert Bryan Johnson Property Address: 1201, 1217, 1225, and 1233 Barton Street CAPTION: Case No. 1113-03 Robert Bryan Johnson: From the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District, resulting in a change to the Future Land Use Plan from low density residential to medium density residential uses. The property to be rezoned is described as Lots 20, 21, 22, and 23, Block 5, Flour Bluff Center, located on the northeast corner of Barton Street and O'Neill Street. PURPOSE: The purpose of this item is to rezone the subject property to allow construction of duplexes. RECOMMENDATION: Planning Commission and Staff Recommendation (November 20, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting to rezone the subject property from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District to allow construction of four duplexes, resulting in eight dwelling units. The expansion of the two-family uses as proposed by this rezoning is acceptable and consistent with the uses in the neighborhood. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is inconsistent with the adopted Future Land Use Plan, which slates the subject property for a low-density residential use. A low-density residential use ranges from one to eight dwelling units per acre. However, due to the past rezoning in 1983 to the "RS-6/SP" Single-Family 6 District with a Special Permit to allow duplexes on Barton Street, the expansion of the two-family uses as proposed by this rezoning is acceptable and consistent with the uses in the neighborhood. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits i Ty4 # rr" � r r �" �`u uuuuuuuuuuupj� a: n n� ;,,,�r'�. r d�%�mr ��� i w'"` u✓ ,� Lr?�,o r /,L r r �� ��� I ✓��%�r yak'/�^ f� N✓ d It- ���ro Qr 6 �Mrrrrrn �illh. r % '� 'r" d/l///��r ! / ��b��%�' Grp%i mss, ✓uU, 'r rku"ky�r,r,�" ,/ //�1 / l 4 IUUUUIIYIIY � �" , 11111111111118 rr, „ ru, rUG�rrib /.^ ri f✓rrj �k>, r iii �r �� '/ ' / >v��r u r ✓Ui,��,a"� i ,�� iG ✓ s nnnnnnn r "� ro i ✓n '� r �„r r! V�r urr�u � F � � r ro / Ij hh tk ' ,/�/ r �"„ �"fir ✓ � � ,� n � x r�l klrk�'�✓ m i PLANNING COMMISSION FINAL REPORT Case No.: 1113-03 HTE No. 13-10000039 Planning Commission Hearing Date: November 20, 2013 c Applicant/Representative: Robert Bryan Johnson Owner: Same as Applicant .� Legal Description/Location: Lots 20, 21, 22, and 23, Block 5, Flour CL J y Bluff Center, located on the northeast corner of Barton Street and Q °a o O'Neill Street. From: "RS-6" Single-Family 6 District To: "RS-TF" Two-Family District 'o C Area: 0.64 acres (28,000 square feet) N 0 Purpose of Request: To build four duplexes, resulting in eight dwelling units. Existing Zoning Existing Land Use Future Land Use District Site "RS-6" Single-Family 6 Vacant Low Density Residential "RS-6/SP" Single- Medium Density Low Density (D North Family 6 with a Special c Permit Residential Residential N Low Density Low Density J South "RS-6" Single-Family 6 Residential Residential East "RS-6" Single-Family 6 Medium and Low Low Density W Density Residential Residential "RS-6/SP" Single- Low Density Low Density West Family 6 with a Special Residential Residential Perm it Area Development Plan: The subject property is located within the Flour Bluff Area Development Plan and is planned for low density residential uses. cCL c The proposed change of zoning to the "RS-TF" Two-Family District, which allows medium density residential uses, is inconsistent with the adopted a o Future Land Use Plan. Q Map No.: 035032 Zoning Violations: None Transportation and Circulation: The subject property has 200 feet of °a c frontage along Barton Street and 140 feet along O'Neill Street, both of which are local residential streets. The property is located between O'Neill Street and South Padre Island Drive (SH 358), which is designated as a ~ Freeway/Expressway. Staff Report Case 1113-03 R. Bryan Johnson Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type O 0� 50' ROW 50' ROW Not Barton St. Local Residential 28' paved 20' paved Available Cn L O'Neill St. Local Residential 50' ROW 50' ROW Not 28' paved 20' paved Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District to allow duplex structures. Applicant's Development Plan: The rezoning area includes four 7,000-square foot platted lots. The developer plans to construct one duplex structure on each lot for a total of eight dwelling units. The proposed duplexes would be an expansion of the existing 20-unit duplex development on Barton Street to the north of the subject properties, which was built before the 1950s and was rezoned in 1983 to bring the existing duplexes into compliance with zoning regulations. Existing Land Uses & Zoning: North and east of the subject property are two-family structures zoned "RS-6/SP" Single-Family 6 District with a Special Permit. South and west of the subject property are single-family dwellings zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The proposed change of zoning is located within the boundaries of the Flour Bluff Area Development Plan. The proposed rezoning is inconsistent with the adopted Future Land Use Plan, which slates the subject property for a low-density residential use. A low- density residential use ranges from one to eight dwelling units per acre. However, due to the past rezoning in 1983 to the "RS-6/SP" Single-Family 6 District with a Special Permit to allow duplexes on Barton Street, the expansion of the two-family uses as proposed by this rezoning is acceptable and consistent with the uses in the neighborhood. Plat Status: The subject property is currently platted. Staff Report Case 1113-03 R. Bryan Johnson Page 3 Department Comments: • The subject property is suited for the proposed uses. • The properties located north, northwest and east of the subject property are developed with two-family uses and were allowed with a Special Permit in the "RS-6" Single-Family 6 District. The proposed rezoning is consistent with the land use and zoning of the surrounding properties. Planning Commission and Staff Recommendation: (November 20, 2013) Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. Number of Notices Mailed — 37 within 200-foot notification area; 1 outside notification area 0 As of November 25, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) Totaling 0% in opposition. Attachments: Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\1113-03 R.Bryan Johnson-Flour Bluff\CC Documents\1113-03 Johnson CC Report.docx "G - 1 Sp yw 1 m 2 " OR ~ N O CG - 1 0 ~ M M MM� 'y 1y v M ry 5 p M rm 7 M 5 M „ M 4 V 18 — M V N o 17 10 30 � NM M N 25 ~ M 31 — 15 M N 33 @ N M C M R $e 6 " 22 32 37 M M M �^ M " 21 " 28 M a 19 20 4 ro O " ] " N 12 M ,t M 1 0 " �• — 6 o 22 N N� 3 N X16 N Q 13 11 29 O M " W 26 " — 36 " N N N 8 35 — N M m SUBJECT 34 9 " 4 " " 23 14 " 27 n 3 n PROPERTY N N N " O � o NFj h R E CIO Qg M proNRO vt�� •v O M m N � N O h 1 D t8 reate;d:11/5/20 3 0 `+ 400 800 Preparedj8y:LAR/YF'" Feet Department of Development Services CASE: 1113-03 Day°o° ZONING & NOTICE AREA Nqs SUBJECT RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial PROPERTY RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 �yRO "aim CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 7 CR-2 Resort Commercial 41 RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit �\ CI Intensive Commercial RV Recreational Vehicle Park CaY°Del Oso �° °oN� CBD Downtown Commercial qT RMH Manufactured Home R, CR-3 Resort Commercial FR Farm Rural N H Historic Overlay �- G,� �oq�0 Fo,Q BP Business Park Rre Subject Property Owners S eF'94:oR Clty Of with 200'buffer O in favor CO1pUS 4 Owners within 200'listed on v Owners LOCATION MAP ChI1St1 attached ownership table /�in opposition Ordinance amending the Unified Development Code ("UDC"), upon application by Robert Bryan Johnson, by changing the UDC Zoning Map in reference to Lots 20, 21, 22, and 23, Block 5, Flour Bluff Center, from the "RS-6" Single-Family 6 District to the "RS-TF" Two- Family District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Robert Bryan Johnson ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 20, 2013, during a meeting of the Planning Commission, and on Tuesday, December 17, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Robert Bryan Johnson ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 20, 217 22, and 23, Block 5, Flour Bluff Center (the "Property"), located on the northeast corner of Barton Street and O'Neill Street, from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District (Zoning Map No. 035032), as shown in Exhibit "A." Exhibit A, which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Ordinance 1113-03 R. Bryan Johnson Page 2 of 2 se 0 *4 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 10, 2013 Action Item for the City Council Meeting of December 17, 2013 0ORPOR 11 1832 DATE: December 17, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(a)-cctexas.com 361-826-3169 Gustavo Gonzales, Director of Water Operations GustavoGo(a)-cctexas.com 361-826-1874 F_ Supply Agreement for Single Port Meter Transmission Units CAPTION: Motion approving a supply agreement with Aclara Technologies LLC, Hazelwood, Missouri for approximately 5,376 single port meter transmission units (MTU's). The award is based on sole source, for an estimated annual expenditure of $473,088 of which $336,512 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve months with an option to extend the contract for up to two additional twelve month periods, subject to the approval of the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013-2014. PURPOSE: These MTU's are used to record and transmit customer consumption of water. BACKGROUND AND FINDINGS: The City of Corpus Christi currently has approximately 94,000 water meters, of which 276 lacks being converted to the Automated Meter Reading (AMR) System with an additional 1,600 anticipated through the rest of this fiscal year, due to normal growth. In addition, approximately 3,500 of the converted meters could potentially be in need of replacement due to hardware, software, connectivity, environmental reasons, or due to damage in addition to routine daily operational repairs. ALTERNATIVES: Aclara Technologies LLC is the source manufacturer of the STAR® Fixed Network Automatic Meter Reading System which is currently installed throughout the City of Corpus Christi. 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: Water Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,324,000.00 $197,120.00 $1,521,120 Encumbered / Expended Amount $281,089.39 $281,089.39 This item $275,958.00 $197,120.00 $473,088.00 BALANCE $766,942.61 $766,942. Fund(s): Water Fund Comments: The $275,958 shown above for the current year represents seven (7) months of expenditures that are estimated to be made in FY 2013-2014. The remaining $197,120 shown for the future years represents five (5) months of expenditures that will be requested during the normal FY 2014-2015 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 SINGLE PORT METER TRANSMISSION UNITS BUYER: GABRIEL MALDONADO COUNCIL DATE: DECEMBER 10, 2013 Aclara Technologies LLC Hazelwood, Missouri ITEM DESCRIPTION QTY I UNIT UNIT PRICE I TOTAL PRICE 1. Single Port Meter Transmission Units 51376 EA $88.00 $473,088.00 Grand Total $473,088.00 d AGENDA MEMORANDUM �oaPOwR,k� Future Item for the City Council Meeting of December 10, 2013 2852 Action Item for the City Council Meeting of December 17, 2013 DATE: November 20, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie Gray, P. E., Director of Streets and Storm Water Services ValerieG @cctexas.com (361) 826-3729 Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 Resolution Street Preventive Maintenance Program Year One - Annual Work Plan CAPTION: Resolution in support of the concepts, direction, and general work plan for the first year of the Street Preventative Maintenance Program (SPMP) -- the 2014 SPMP Work Plan (Year-1). PURPOSE: The purpose of this agenda item is for City Council to approve a Resolution in support of the Street Preventive Maintenance Program Year One —Annual Work Plan. BACKGROUND AND FINDINGS: The selection criteria for streets included in the Street Preventive Maintenance Program Year One — Annual Work Plan was developed based on the Pavement Condition Index (PCI) scores for local streets. Work was distributed between Council Districts in an equitable method based on capital assets needing maintenance instead of complete street reconstruction. Next, the work plan considered allocating available resources between residential, collector and arterial streets based on greatest need. Residential streets were then coordinated by neighborhood and work was further distributed based on the need for either overlay or seal coat. Traffic loads and congestion impacting potential premature failure of existing roadways were considered in developing the final work plan being submitted to City Council. ALTERNATIVES: 1. Approve the Resolution as proposed. 2. Approve the Resolution with modifications. 3. Do not approve the Resolution. OTHER CONSIDERATIONS: By a separate agenda item being presented December 10, 2013, Council will consider for the construction contract for the first series of delivery orders under the Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program-Pilot Program CONFORMITY TO CITY POLICY: Resolution complies with City Charter's requirements for approval of resolutions. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Fiscal Years Development Construction Option TOTALS 2013 - 2015 Pilot Program Pilot Program Year One Line Item Budget Encumbered/Expended Amount Future Anticipated Ex enditures BALANCE Fund(s): N/A Comments: A separate agenda item presented today includes the funding impact of the Year One Construction Pilot Program. RECOMMENDATION: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Work Plan List by Delivery Order Work Plan List by Council District Work Plan List by Alphabetical Street Listing Work Plan List of Deferred Street City Seal Coat Work Plan Location Map of Year One Work Plan with Bond Projects PowerPoint Presentation Resolution approving the concepts, direction, and general work plan for the first year of the Street Preventative Maintenance Program (SPMP) --the 2014 SPMP Work Plan (Year-1). WHEREAS, on June 25, 2013, by Ordinance No. 029876 and Ordinance No. 029877, the City Council (a) established a Street Preventative Maintenance Program (SPMP) and Street Maintenance Fee (SMF); and (b) established policies, rates, and methodologies for the SPMP and SMF, respectively, and amended and codified the two ordinances under Sections 10 through 20 of Ordinance No. 029917; WHEREAS, under the "Definitions" section of the above Ordinances (a) Director means the City Manager or designee; (b) Street Preventative Maintenance Program (SPMP) means the street preventative maintenance program, as amended from time to time, funded by the Street Maintenance Fee; and (c) Street System means the structures, streets, rights-of-way, bridges, alleys, and other facilities within city limits that are dedicated to the use of vehicular traffic; the maintenance and repair of those facilities; and the operation and administration of such maintenance and repair under the Street Preventative Maintenance Program; WHEREAS, Section 11 of Ordinance No. 029877, titled "Rules," provides that the Director is responsible for administration of the SPMP and SMF; developing all rules and procedures necessary to administer the SPMP and SMF; developing all maintenance programs; and establishing Street System criteria and standards for the operation and maintenance of the Street System; WHEREAS, pursuant to Section 11, staff has developed certain concepts, direction, selection criteria, and a general work plan for the initial year of the SPMP (the 2014 SPMP Work Plan (Year-1)); WHEREAS, on November 19, 2013 staff presented to Council a summary of the concepts, direction, selection criteria, and general work plan for the initial year of the SPMP -- the 2014 SPMP Work Plan (Year-1); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves of, supports, and directs staff to proceed with implementing the Street Preventative Maintenance Program (SPMP) with the concepts, direction, selection criteria, and general work plan developed thus far, referred to as "the 2014 SPMP Work Plan (Year-1)." SECTION 2. This resolution takes effect immediately upon adoption. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor K:\Engineering\LEGISTAR\13-December 10\Street PM Work Plan\Resolution-Street Preventive Maintenance Program Year One 1.docx Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott K:\Engineering\LEGISTAR\13-December 10\Street PM Work Plan\Resolution-Street Preventive Maintenance Program Year One 1.docx CA CD coo �O 4.1 O � N T, cn O o ti w s"T 4� � V O 4� U Q Zuc °w � ryQ{ 2 Q 3 L� _ � o� u W S--i cps, O ct cv O • cz p-+ U 4-j � +-1 4-J cn 4-j a� '�, �;., cz O U p CZ O U --I C) F 4-j 4-J 4-j cn ;-4 U s._, O O 4-J o4--J -P c +--+ o � '� 4--J O • � •�, , '� � •�, •�, sue-+ a--J ''-' 4--� �-' O +4 +�r//J''�� p O .� .� O .r-I •J Q I 4 E � ryQ{ � � �' 2 Q 3 L� _ � o� o = �o' u W co -1--i m E a 2 o > i U U .— L .— _ N H H O c a N•- a cn cn o a U 4* c G ® ° F0 N p � O N ...4 0 N &-j O 0 -0 N N C _Co N Co N O c v cn Co U +•+ E .U 4ce0 aN+ .cn ate+ � 4J H N 0 o I a- E �V7;S'SiIW`+WYIMIi w0"nGpM a--a Cm C4 �4{ Tor Ln f W 0 c W ® too „ r i °? f Ij O wl r F aror �y v a� O PLI o IF S Ilk Iliv 1 kry w s��urzisv� IVr UJ "Wma w CA L !71 M 3 :3 � N Ln CL Q c-I i A ) C W =7 M p{ gy , cM N C c-I � M � N al LL a-I M �I�II III II C N f6 M � M V N al � a-I M � � M O N Z V PEF O M � � M Q N M � M 3 N Q c-I s � c � o N E ° o a L o a) a, a, aaj o O � p a a O Q a>_ .O a O a am m w �-� a U N O Y 0 ai c V) > O aj a1 2E U C N aj LL U O L .� Ln y O O aJ a aJ C O O acteO a+ C O L } L y, C N U a(n 6 J C O d ha 2E . O L U � — - O E CL m U U + 7 d (6 L Ur rl C L p U — ar c a O O a o V ° d °O C a N 'c Q O b a v� w 0 'u C C7 a V) E a "6 "6 a U Q m ° w `� aJ in to > > a > `i' O O C O `i' CEV�.ISi'I O O to O U 'U -2 00 .� ° b , OL —O O N N N CL U W N N U b E1- aj �\ c c E c ° o aj c o l a t o J \ O o o O c O 0 U 0 o U �a 1� U U U ai a U c -° ai c d v m oao o a>i 3 .� `* U U ° U a ° w c� U m a ° Q co SY4,L�1�'4 r � N m in ,.o r, oo rn o0 � 1 -1 SPMP Delivery Order 1 Overlay Arterial Street From To Class PCI District Length Width SY BALDWIN AIRPORT RD. VERA CRUZ Arterial 55 DIST1 300 28 933 BALDWIN AIRPORT RD. VERA CRUZ Arterial 55 DIST3 311 29 1002 BALDWIN VERA CRUZ TORREON Arterial 55 DIST1 300 28 933 BALDWIN VERA CRUZ TORREON Arterial 55 DIST3 311 29 1002 BALDWIN TORREON CORTEZ Arterial 55 DIST1 300 28 933 BALDWIN TORREON CORTEZ Arterial 55 DIST3 311 29 1002 BALDWIN CORTEZ BALBOA Arterial 55 DIST1 450 28 1400 BALDWIN CORTEZ BALBOA Arterial 55 DIST3 450 29 1450 BALDWIN BALBOA PUEBLO Arterial 55 DIST1 325 29 1047 BALDWIN BALBOA PUEBLO Arterial 55 DIST3 325 29 1047 BALDWIN PUEBLO SHAWNEE Arterial 55 DIST1 340 29 1096 BALDWIN PUEBLO SHAWNEE Arterial 55 DIST3 340 29 1096 BALDWIN SHAWNEE HIAWATHA Arterial 55 DIST1 340 29 1096 BALDWIN SHAWNEE HIAWATHA Arterial 55 DIST3 340 29 1096 BALDWIN HIAWATHA VIRGINIA Arterial 55 DIST1 400 29 1289 BALDWIN HIAWATHA VIRGINIA Arterial 55 DIST3 400 29 1289 BALDWIN VIRGINIA CHEYENNE Arterial 55 DIST1 400 29 1289 BALDWIN VIRGINIA CHEYENNE Arterial 55 DIST2 400 29 1289 BALDWIN CHEYENNE MOHAWK Arterial 55 DIST1 425 29 1369 BALDWIN CHEYENNE MOHAWK Arterial 55 DIST2 425 29 1369 BALDWIN MOHAWK MORGAN Arterial 55 DIST1 150 29 483 BALDWIN MOHAWK MORGAN Arterial 55 DIST2 150 29 483 SY Total: 23994 Collector Street From To Class PCI District Length Width SY NINETEENTH MORGAN AVE HOSPITAL Collector 55 DIST1 350 36 1400 NINETEENTH HOSPITAL CRAIG Collector 55 DIST1 200 36 800 NINETEENTH CRAIG BUFORD Collector 55 DIST1 425 37 1747 SY Total: 3947 Local Street From To Class PCI District Length Width SY NIAGARA SONORA BALDWIN Local 55 DIST2 675 24 1800 NIAGARA BALDWIN FRANCIS Local 55 DIST1 450 24 1200 NIAGARA FRANCIS BRANNAN Local 55 DIST1 450 24 1200 NIAGARA SEGREST HEADLEY Local 55 DIST1 350 24 933 NIAGARA BRANNAN SEGREST Local 55 DIST1 350 24 933 NIAGARA HEINLEY NINETEENTH Local 55 DIST1 550 24 1467 BUFORD TWENTY SECOND NINETEENTH Local 58 DIST1 900 24 2400 SABINAS TARLTON DUNBAR Local 59 DIST2 650 24 1733 SABINAS DUNBAR EASLEY Local 59 DIST2 650 24 1733 SABINAS EASLEY SONORA Local 59 DIST2 650 24 1733 SABINAS SONORA BALDWIN Local 59 DIST2 650 24 1733 SY Total: 16867 SPMP Delivery Order 1 Seal Coat Street From To Class PCI District Length Width Sy AGNES ST. SHAWNEE PUEBLO Arterial 70 DIST1 340 61 2304 AGNES ST. PUEBLO TROPICAL Arterial 70 DIST1 150 61 1017 AGNES ST. TROPICAL HAVANA Arterial 70 DIST1 190 61 1288 AGNES ST. HAVANA OLD ROBSTOWN Arterial 70 DIST1 640 61 4338 AGNES ST. OLD ROBSTOWN BALDWIN Arterial 70 DIST1 1040 30 3467 AGNES ST. OLD ROBSTOWN BALDWIN Arterial 70 DIST3 1040 31 3582 PORT S SAN JACINTO SONORA Arterial 70 DIST2 300 73 2433 PORT S SONORA ALAMO Arterial 70 DIST2 375 73 3042 PORT S ALAMO BALDWIN Arterial 70 DIST2 350 73 2839 SY Total: 24309 Collector Street From To Class PCI District Length Width Sy ANGELA HORNE RD. BLOOMINGTON Collector 68 DIST3 1230 24 3280 ANGELA BLOOMINGTON VILLAREAL Collector 68 DIST3 1360 24 3627 ANGELA VILLAREAL WEST POINT Collector 70 DIST3 1355 24 3613 EIGHTEENTH ISABEL FIG Collector 68 DIST2 400 24 1067 EIGHTEENTH FIG MC KENZIE Collector 68 DIST2 360 24 960 EIGHTEENTH MC KENZIE ELIZABETH Collector 68 DIST2 870 24 2320 EIGHTEENTH ELIZABETH PRESCOTT Collector 68 DIST2 850 32 3022 COMANCHE PORT AVE. BLUNTZER Collector 69 DIST1 217 41 989 COMANCHE BLUNTZER PALM Collector 69 DIST1 803 41 3658 SY Total: 22536 Local Street From To Class PCI District Length Width Sy DOLORES HIGHLAND CHIPPEWA Local 72 DIST1 350 24 933 DOLORES CHIPPEWA RUTH Local 72 DIST1 575 24 1533 DOLORES RUTH MARY Local 72 DIST1 870 24 2320 DOLORES MARY AGNES Local 72 DIST1 510 24 1360 FRANCESCA RUTH MARY Local 69 DIST1 870 24 2320 FRANCESCA MARY AGNES Local 69 DIST1 470 24 1253 HIAWATHA AGNES LOU Local 70 DIST1 575 24 1533 HIAWATHA LOU PINE Local 70 DIST1 500 24 1333 HIAWATHA PINE HURON Local 70 DIST1 140 24 373 OSAGE DEAD END S. AZTEC Local 74 DIST2 325 24 867 OSAGE AZTEC BALDWIN Local 74 DIST2 900 36 3600 GOLIAD PORT AVE. LAMAR Local 74 DIST2 1000 24 2667 HALSEY MAC ARTHUR EISENHOWER Local 73 DIST2 950 24 2533 BALBOA BALDWIN NAVAJO Local 72 DIST3 350 24 933 BALBOA NAVAJO SANTA ELENA Local 72 DIST3 250 24 667 BALBOA SANTA ELENA HIDALGO Local 72 DIST3 250 24 667 BALBOA HIDALGO MORGAN Local 72 DIST3 950 36 3800 GLORIA GUATEMOZIN VERA CRUZ Local 74 DIST3 375 24 1000 KOKERNOT MORGAN HOSPITAL Local 73 DIST1 350 38 1478 ELVIRA BLOOMINGTON MENDOZA Local 68 DIST3 410 24 1093 ELVIRA MENDOZA LOLITA Local 68 DIST3 430 24 1147 ELVIRA LOLITA HORNE RD Local 68 DIST3 440 24 1173 SY Total: 34584 Delivery Order 1 Totals: Overlay (A) Overlay(C) Overlay (L) SY total %Total 23,994 3,947 16,867 44,808 35% Sealcoat (A) Sealcoat (C) Sealcoat (L) 24,309 22,536 34,584 81,429 65% Delivery Order No 1: 126,237 SPMP Delivery Order 2 Overlay D2 Overlay A Street Street From Street To Class PCI EMS Length Width SY WALDRON RD CLARIDE LAKESIDE Arterial 55 DIST4 320 46 1,636 WALDRON RD LAKESIDE FAWN Arterial 55 DIST4 630 46 3,220 WALDRON RD N.A.S. DR. WEBB Arterial 55 DIST4 100 46 511 WALDRON RD FAWN PADRE ISLAND DR Arterial 55 DIST4 560 46 2,862 D4 Overlay C Street Street From Street To Class PCI EMS Length Width SY GRAHAM MEEKS FLOUR BLUFF DR. Collector 57 DIST4 1955 19 4,127 COMPTON RD WALDRON FIRST NATIONAL Collector 52 DIST4 1560 60 10,400 D4 Overlay Local Street Street From Street To Class PCI EMS Length Width SY ANNETTE SPRING LAGUNA SHORE Local 55 DIST4 740 19 1,562 BIMINI BELMONT HIALEAH Local 52 DIST4 620 26 1,791 BIMINI HIALEAH CARIBBEAN Local 52 DIST4 280 26 809 BIMINI CARIBBEAN DEAD END S Local 52 DIST4 1300 24 3,467 CARTAGENA COVEWAY JAMAICA Local 56 DIST4 165 24 440 CARTAGENA E.CARTAGENA CIR COVEWAY Local 56 DIST4 251 24 669 CARTAGENA W.CARTAGENA CIR E.CARTAGENA CIR Local 56 DIST4 252 24 672 CARTAGENA CARTAGENA W.CARTAGENA CIR Local 56 DIST4 282 24 752 CARTAGENA CARTAGENA DEAD END Local 56 DIST4 125 24 333 CARTAGENA MEDITERRANEA VEGA Local 56 DIST4 1142 24 3,045 CARTAGENA VEGA CARTAGENA Local 56 DIST4 200 24 533 EASY ST EASY CIR. DEAD END N. Local 55 DIST4 170 24 453 EASY ST WHITELEY EASY CIR. Local 55 DIST4 820 24 2,187 FAWN CAROLYN WALDRON Local 56 DIST4 365 18 730 FAWN WALDRON CORA LEE Local 56 DIST4 435 18 870 FAWN PADRE ISLAND DR CAROLYN Local 56 DIST4 480 18 960 GULF STREAM MONMOUTH JAMAICA Local 52 DIST4 285 26 823 GULF STREAM PIMLICO MONMOUTH Local 52 DIST4 360 26 1,040 HERRING YORKTOWN REX LANE Local 58 DIST4 1310 22 3,202 HERRING DEAD END N. YORKTOWN Local 58 DIST4 613 22 1,498 KNICKERBOCKER LAGUNA SHORE STEWART Local 56 DIST4 350 20 778 KNICKERBOCKER STEWART DEAD END E. Local 58 DIST4 175 20 389 MANITOBA DEAD END N. SELKIRK Local 54 DIST4 200 24 533 MANITOBA SELKIRK ONTARIO Local 54 DIST4 284 24 757 MANITOBA ONTARIO WINNIPEG Local 54 DIST4 334 24 891 SKIPPER ANCHOR AVIATION Local 52 DIST4 390 19 823 SKIPPER MERZBACHER CARLETA Local 52 DIST4 950 19 2,006 SKIPPER N.A.S. DR. ANCHOR Local 52 DIST4 471 19 994 SKIPPER LAGUNA MADRE MERZBACHER Local 52 DIST4 975 19 2,058 SKIPPER CARLETA N.A.S.DR. Local 52 DIST4 600 19 1,267 ST. JOSEPH ST.MARTIN GLENOAK Local 53 DIST4 762 36 3,048 ST.JOSEPH ST.PAUL CIR ST.MARTIN Local 53 DIST4 260 36 1,040 ST.JOSEPH ST.PETER ST.PAUL CIR. Local 53 DIST4 265 36 1,060 STONE PADRE ISLAND DR O'NEILL Local 55 DIST4 910 19 1,921 WINNIPEG MANITOBA RETTA Local 56 DIST4 684 24 1,824 SPMP Delivery Order 2 Seal Coat D4 Seal A Street Street From Street To Class PCI EMS Length Width SY YORKTOWN BLVD. )SO CREEK BRDG(E ROSCHER RD Arterial 75 DIST4 1355 24 3,613 YORKTOWN BLVD. ROSCHER RD JOE ED(PVT) Arterial 78 DIST4 1045 24 2,787 YORKTOWN BLVD. JOE ED(PVT) BERLET Arterial 78 DIST4 260 24 693 YORKTOWN BLVD. BERLET WALKING OAKES Arterial 78 DIST4 360 24 960 YORKTOWN BLVD. WALKING OAKS SCARLET OAK Arterial 78 DIST4 975 24 2,600 YORKTOWN BLVD. SCARLET OAK FLOUR BLUFF DR Arterial 78 DIST4 2630 24 7,013 D4 Seal C Street Street From Street To Class SG EMS Length Width SY MATLOCK BEHMANN REDMOND Collector 77 DIST4 320 24 853 MATLOCK STONE TALMADGE Collector 78 DIST4 935 24 2,493 MATLOCK MILITARY GERTRUDE Collector 78 DIST4 203 24 541 MATLOCK MILITARY GERTRUDE Collector 78 DIST4 203 24 541 MATLOCK MC IVER BEHMANN Collector 77 DIST4 360 21 840 MATLOCK GREEN BAY MC IVER Collector 77 DIST4 320 21 747 ST. FRANCIS ST.BENDICT CT. ST.ANTHONY PL. Collector 78 DIST4 234 36 936 ST. FRANCIS ST.ANTHONY PL. ST.PETER Collector 78 DIST4 237 36 948 ST. FRANCIS ST.COLUMBAN PL. ST.BENEDICT CT. Collector 78 DIST4 234 36 936 ST. FRANCIS ST.DOMINIC CT. ST.COLUMBAN PL. Collector 78 DIST4 234 36 936 ST. FRANCIS ST.PHILLIP CT. ST.DOMINIC CT. Collector 78 DIST4 234 36 936 I GLENOAK DEAD END W. FLOUR BLUFF DR. Collector 73 DIST4 3968 12 5,291 D4 Seal Local Street Street From Street To Class PCI EMS Length Width SY MISSION LAKE CANTERA TR. D.E. Local 68 DIST4 335 24 893 MARINERS DR S.H.361 DEAD END(E) Local 71 DIST4 1267 36 5,068 CRESTMONT DON PATRICIO DIVISION RD Local 70 DIST4 1330 18 2,660 ASHLOCK DR GRAND VIEW ST ROSIEST Local 69 DIST4 390 24 1,040 AZORES CARIBBEAN DEAD END S Local 71 DIST4 1200 24 3,200 GRAND VIEW DR DEAD END W STANTON DR Local 68 DIST4 164 24 437 SANDY OAKS ISLANDER SANTANA Local 71 DIST4 300 24 800 SANDY OAKS NEWPORT ISLANDER Local 64 DIST4 315 24 840 SANDY OAKS SANTANA WALDRON RD. Local 71 DIST4 235 24 627 MARLIN ST. YORKTOWN BLVD. REX LANE Local 69 DIST4 1310 21 3,057 SANDY OAKS SANTANA WALDRON RD. Local 71 DIST4 235 24 627 STANTON DR GRAND VIEW ST ROSIEST Local 70 DIST4 390 24 1,040 LAKE SIDE CORA LEE WALDRON RD Local 69 DIST4 730 20 1,622 LAKE SIDE WALDRON RD. N.A.S. DR. Local 69 DIST4 270 20 600 TALMADGE DEMA PADRE ISLAND DR Local 72 DIST4 425 19 897 SOTO COQUINA BAY SEA PINES Local 71 DIST4 270 24 720 WESTRIDGE BLVD(E) GRAHAM RD DEAD END Local 71 DIST4 685 22 1,674 WESTRIDGE BLVD(W) GRAHAM RD DEAD END Local 71 DIST4 710 22 1,736 WESTRIDGE BLVD GRAHAM RD DEAD END Local 71 DIST4 525 24 1,400 KAZIMIR DR STROM RD PURDUE RD Local 71 DIST4 503 24 1,341 PADRE ISLAND SR HEADSAIL JACKFISH Local 68 DIST4 1600 24 4,267 JESTER WASTEWATER PLT PARK Local 72 DIST4 615 19 1,298 JESTER MARZBACHER NASTEWATER PLl Local 72 DIST4 860 13 1,242 JESTER JANE MARZBACHER Local 72 DIST4 475 20 1,056 JESTER CARLETA JANE Local 76 DIST4 475 20 1,056 JESTER N.A.S. DR. CARLETA Local 76 DIST4 600 22 1,467 VEGA DR CARTAGENA MEADOWRIDGE Local 77 DIST4 230 24 613 VEGA DR CHARLOTTE CARTAGENA Local 77 DIST4 238 24 635 VEGA DR MEADOWRIDGE CELON Local 77 DIST4 307 24 819 CATCAY CARIBBEAN DEAD END Local 76 DIST4 1150 24 3,067 LAKE SIDE LAKE SIDE E RECREATION Local 69 DIST4 215 20 478 LAKE SIDE RECREATION ADMIRAL Local 69 DIST4 350 20 778 LAKE SIDE ADMIRAL MOUNTS Local 69 DIST4 750 20 1,667 LAKE SIDE MOUNTS CORA LEE Local 69 DIST4 535 20 1,189 LAKE SIDE CORA LEE WALDRON RD Local 69 DIST4 730 20 1,622 LAKE SIDE WALDRON RD. N.A.S. DR. Local 69 DIST4 270 20 600 SCOTLAND N.A.S. DR. MILITARY Local 71 DIST4 1010 19 2,132 WEBB NAS DR MILITARY Local 68 DIST4 600 19 1,267 CLARIDE MILITARY N.A.S. DR. Local 72 DIST4 940 19 1,984 SANTANA NEWPORT ISLANDER Local 79 DIST4 310 24 827 SANTANA CAPRICE NEWPORT Local 79 DIST4 295 24 787 SANTANA SANTANA SANDY OAKS Local 78 DIST4 400 24 1,067 SANTANA ISLANDER SANTANA Local 78 DIST4 305 24 813 AIRDOME ARISTOCRAT HELD Local 78 DIST4 260 36 1,040 AIRDOME WALDRON ARISTOCRAT Local 78 DIST4 950 36 3,800 ANTARES JAMAICA CHARLOTTE Local 77 DIST4 750 24 2,000 WHITELEY THELMA DEAD END E. Local 78 DIST4 2175 22 5,317 WHITELEY THELMA DEAD END E. Local 78 DIST4 0 22 0 Delivery Order 2 Totals: Overlay(A) Overlay(C) Overlay(L) SY total %Total 8228.9 14527.2 0.0 22,756 18% Sealcoat(A) Sealcoat(C) Sealcoat(L) 17666.7 15998.7 73164.4 106,830 82% Delivery Order No 2: 129,586 SPMP Delivery Order 3 Overlay DS Overlay A Street Street From Street To Class PCI EMS Length Width SY RKTOWN BLVI STARRY )SO CREEK BRDG Arterial 55 DIST5 3000 20 6,667 RKTOWN BLVIO CREEK BRDG DSO CREEK BRDG E Arterial 55 DIST5 975 20 2,167 DS Overlay C Street Street From Street To Class PCI EMS Length Width SY CEDAR PASS DR RAND JUNCTIO HOLLY RIDGE Collector 56 DIST5 305 36 1,220 CEDAR PASS DRSUN VALLEY DR GRAND JUNCTION Collector 56 DIST5 988 36 3,952 UN VALLEY DRLAKE TAHOE DR BEAVER CREEK DR Collector 56 DIST5 281 36 1,124 UN VALLEY DREAVER CREEK D WOLF CREEK DR Collector 56 DIST5 120 36 480 UN VALLEY DRSNOWMASS ST SNOWBIRD ST Collector 56 DIST5 250 36 1,000 UN VALLEY DR AARON ELDORA DR Collector 56 DIST5 281 36 1,124 WOODWAY DR BROOKEDGE WINDBROOK LN Collector 56 DIST5 305 24 813 EDAR PASS DR HOLLY RIDGE ASPEN GROVE Collector 56 DIST5 252 36 1,008 5 Overlay Local Street Street From Street To Class PCI EMS Length Width SY BIG DIPPER CANIS DR SILVER SANDS Local 56 DIST4 0 24 0 GERSHWIN LN AEADOW BREEZ DORSEY ST Local 56 DIST5 0 24 0 JERUSALEM OUTH OSO PKW NAZARETH Local 56 DIST5 346 25 961 KINGSHIRE OSO PKWY QUEENSBOROUGH Local 56 DIST5 261 24 696 KINGSHIRE LADY DIANA CT CHICAGO DR Local 56 DIST5 101 24 269 KINGSHIRE KNIGHTS CIR LADY DIANA CT Local 56 DIST5 412 24 1,099 KINGSHIRE UEENSBOROUG KNIGHTS CIR Local 56 DIST5 190 24 507 JERUSALEM MT.ZOIN CORINTH Local 56 DIST5 584 25 1,622 JERUSALEM NAZARETH MT.ZOIN Local 56 DIST5 653 25 1,814 JERUSALEM NAZARETH MT.ZOIN Local 56 DIST5 0 25 0 BIG DIPPER CANIS DR SILVER SANDS Local 56 DIST4 772 24 2,059 CANIS DR STAR COVE BIG DIPPER Local 56 DIST4 267 24 712 CANIS DR BIG DIPPER SILVER SANDS Local 56 DIST4 263 24 701 SILVER SANDS BIG DIPPER DAWN BREEZE Local 55 DIST4 342 24 912 MONTECITA LONG CIR. LONGMEADOW Local 55 DIST5 750 28 2,333 EADOW HEIGHAEADOW GROV MEADOW LIGHT Local 56 DIST5 260 24 693 EADOW HEIGH'MEADOW VIEW MEADOW GROVE Local 56 DIST5 260 24 693 MONTECITA SARATOGA RD. MEADOW CIR. Local 55 DIST5 490 28 1,524 MONTECITA MEADOW CIR. LONG CIR. Local 55 DIST5 380 28 1,182 PRAIRIE DR CEDAR PASS DR DELWOOD ST Local 55 DIST5 370 36 1,480 PRAIRIE DR DELWOOD LAKE MEDINA Local 55 DIST5 860 36 3,440 ANCOUVER DF VOISIN DR CANADIAN DR Local 55 DIST4 625 24 1,667 ANCOUVER DF QUEBEC VOISIN DR Local 55 DIST4 525 24 1,400 PRAIRIE DR ELM HURST LN CEDAR PASS DR Local 55 DIST5 230 36 920 DEL RIO DR OSO PKWY ODESSA DR Local 55 DIST5 742 24 1,979 GERSHWIN LN AEADOW BREEZ DORSEY ST Local 56 DIST5 933 24 2,488 AARON COVE AARON DEAD END (E) Local 55 DIST5 675 24 1,800 PRAIRIE DR DELWOOD LAKE MEDINA Local 55 DIST5 0 36 0 K CROSSING BI KETTLESING CT EIGHLEY CROSSING D Local 55 DIST5 264 24 704 K CROSSING BACCRINGTON C1 KETTLESING CT Local 55 DIST5 269 24 717 K CROSSING BIANNEMASSE ST ACCRINGTON CT Local 55 DIST5 264 24 704 K CROSSING BI GIBRALTAR DR ANNEMASSE ST Local 55 DIST5 280 24 747 K CROSSING BI ESQUIRE DR COVINGTON CROSS Local 55 DIST5 270 24 720 SPMP Delivery Order 3 Seal Coat D3/D5 Seal A Street Street From Street To Class PCI EMS Length Width SY EVERHART RD. HOLLY RD SCHANEN Arterial 70 DIST3 480 29 1,547 EVERHART RD. HOLLY RD SCHANEN Arterial 70 DIST5 480 29 1,547 EVERHART RD. SCHANEN SHEA PKWY N. Arterial 70 DIST3 770 29 2,481 EVERHART RD. SCHANEN SHEA PKWY N. Arterial 70 DIST5 770 29 2,481 EVERHART RD. MAYO WOOLDRIDGE RD. Arterial 70 DIST3 260 29 838 EVERHART RD. MAYO WOOLDRIDGE RD. Arterial 70 DIST5 260 29 838 EVERHART RD.VOOLDRIDGE RE GAYLE Arterial 70 DIST3 316 29 1,018 EVERHART RD.VOOLDRIDGE RE GAYLE Arterial 70 DIST5 316 29 1,018 EVERHART RD. GAYLE DONEGAL Arterial 70 DIST3 300 20 667 EVERHART RD. GAYLE DONEGAL Arterial 70 DIST5 300 21 700 EVERHART RD. DONEGAL CONGRESSIONAL Arterial 70 DIST3 920 20 2,044 EVERHART RD. DONEGAL CONGRESSIONAL Arterial 70 DIST5 920 21 2,147 EVERHART RD.:ONGRESSIONA SARATOGA Arterial 70 DIST3 1630 20 3,622 EVERHART RD.:ONGRESSIONA SARATOGA Arterial 70 DIST5 1630 21 3,803 EVERHART RD. SHEA PKWY N. SHEA PKWY S. Arterial 70 DIST3 210 29 677 EVERHART RD. SHEA PKWY N. SHEA PKWY S. Arterial 70 DIST5 210 29 677 EVERHART RD. SHEA PKWY S. MAYO Arterial 70 DIST3 260 29 838 EVERHART RD. SHEA PKWY S. MAYO Arterial 70 DIST5 260 29 838 D5 Seal C Street Street From Street To Class PCI EMS Length Width SY SANDERS DR COODY ACUSHNET Collector 68 DIST5 250 36 1,000 SANDERS DR HOGAN COODY Collector 68 DIST5 250 36 1,000 SANDERS DR SNEAD HOGAN Collector 68 DIST5 250 36 1,000 SANDERS DR IRAND JUNCTIO SNEAD Collector 68 DIST5 630 36 2,520 NBARTON OAK PATTI DR SUDBURY DR Collector 74 DIST5 165 36 660 VICTORIA PARK QUEBEC OSO PARKWAY DR. Collector 68 DIST4 954 36 3,816 VICTORIA PARK QUEBEC OSO PARKWAY DR. Collector 68 DIST4 0 36 0 SPOHN SOUTH SARATOGA SPOHN DR Collector 68 DIST5 910 44 4,449 NBARTON OAK DURHAM DR EARNHART Collector 74 DIST5 765 36 3,060 D5 Seal Local Street Street From Street To Class PCI EMS Length Width SY CORINTH MARS HILL JERICHO Local 71 DIST5 728 24 1,941 CORINTH EPHESUS CIR DAMASCUS CIR Local 71 DIST5 550 24 1,467 CORINTH DAMASCUS CIR JERUSALEM Local 71 DIST5 483 24 1,288 CORINTH JERUSALEM MARS HILL Local 71 DIST5 861 24 2,296 WINDBROOK RODDFIELD RD BROOKEDGE Local 71 DIST5 350 36 1,400 CLEAR BROOK BOSTON DR. SPRING BROOK Local 70 DIST5 765 24 2,040 WINDBROOK BROOKEDGE WOODWAY Local 71 DIST5 800 24 2,133 PINEWOOD WILLIAMS DR HANLEY Local 71 DIST5 800 24 2,133 KILLARMET <ILLARMET CIR.I DONEGAL Local 71 DIST3 300 36 1,200 KILLARMET DONEGAL CARLOW Local 71 DIST3 0 36 0 KILLARMET DONEGAL CARLOW Local 71 DIST3 300 36 1,200 KILLARMET CARLOW KILLARMET CIR.W Local 71 DIST3 350 36 1,400 OTTAWA CIR. QUEBEC DEAD END Local 70 DIST4 435 24 1,160 THERWOOD D HOLLISTER DR SAULT Local 71 DIST5 120 24 320 CORSAIR DR RODDFIELD RD BLUE ANGEL Local 71 DIST4 700 36 2,800 THERWOOD D SAULT DEAD END E Local 71 DIST5 200 24 533 THERWOOD D KRISTIN DR SEAMIST Local 71 DIST5 280 24 747 THERWOOD D SEAMIST HOLLISTER DR Local 71 DIST5 150 24 400 UNDER BAY C' TORONTO QUEBEC Local 70 DIST5 0 24 0 UNDER BAY C' TORONTO QUEBEC Local 70 DIST5 847 24 2,259 CRAPEMYRTLE LIPES SABAL Local 70 DIST5 469 24 1,251 CRAPEMYRTLE LAVENDER LIPES Local 70 DIST5 527 24 1,405 elivery Order 3 Totals: Overlay(A) Overlay(C) Overlay(L) SY total %Total 8,833 10,721 36,544 56,099 43% Sealcoat(A) Sealcoat(C) Sealcoat(L) 27,780 17,505 29,373 74,658 57% Delivery Order No 3: 130,757 SPMP Delivery Order 4 Overlay D1 Overlay A Street Street From Street To Seal PCI EMS Length Width SY D1/D2 Overlay C Street Street From Street To Seal PCI EMS Length Width SY LIPAN ST. PALM DR. PORT AVE. 55 DIST1 1325 37 5447 LIPAN ST. PORT AVE. NINETEENTH 55 DIST1 1450 37 5961 ELIZABETH SECOND ST THIRD ST 56 DIST2 350 44 1711 ELIZABETH THIRD SANTA FE 56 DIST2 350 44 1711 ELIZABETH SANTA FE FIFTH ST 56 DIST2 350 40 1556 D1/D2 Overlay Local Street Street From Street To Seal PCI EMS Length Width SY REYNA SABINAS ESPINOSA 1986 57 DIST1 225 24 600 NIAGARA HEADLEY HEINLEY 55 DIST1 350 24 933 CENIZO MUELLER LIVE OAK 1998 54 DIST1 250 27 750 BRIGHT MORGAN REYNA 55 DIST1 550 24 1467 LOU ST. VIRGINIA HIAWATHA 54 DIST1 325 24 867 AZTEC SEMINOLE BLAKE 56 DIST2 125 34 472 AZTEC OSAGE SEMINOLE 56 DIST2 250 34 944 CLEO MORGAN HEINLEY 1993 56 DIST1 200 34 756 LOU ST. MOHAWK CHEYENNE 0 54 DIST1 350 24 933 NANDINA MUELLER MIMOSA 1988 55 DIST1 150 24 400 NANDINA MIMOSA BUDDY LAWRENCE 1988 55 DIST1 0 24 0 NANDINA MIMOSA BUDDY LAWRENCE 1988 55 DIST1 850 24 2267 CHAMBERLAIN REID DR ALAMEDAS 2000 55 DIST2 750 24 2000 GUADALUPE NIAGARAST PORT AVE. 1997 56 DIST2 0 18 0 GUADALUPE SARITA NIAGARAST 1997 56 DIST2 720 18 1440 REID DR. HARRISON RALSTON 1991 56 DIST2 360 34 1360 REID DR. TEXAS INDIANA 1991 56 DIST2 425 25 1181 REID DR. RALSTON TEXAS 1991 56 DIST2 350 34 1322 REID DR. INDIANA ALAMEDAS. 1991 56 DIST2 275 34 1039 ARCHER DEAD END N. SUNNYBROOK 0 55 DIST2 725 24 1933 CHAMBERLAIN STAPLES S. SWANTNER 2000 55 DIST2 1035 24 2760 CHAMBERLAIN SWANTNER REID DR 2000 55 DIST2 895 24 2387 SPMP Delivery Order 4 Seal Coat D1 Seal A Street Street From Street To Seal PCI EMS Length Width SY LEOPARD S NUECES BAY OLD ROBSTOWN RD 1994 70 DIST1 550 44 2689 LEOPARD S OLD ROBSTOWN RD OLIVER CT 1994 70 DIST1 200 34 756 LEOPARD S OLIVER CT UP RIVER RD. 1994 70 DIST1 1200 34 4533 D2 Seal C Street Street From Street To Seal PCI EMS Length Width SY MC KENZIE ST TENTH ST ALAMEDA 2006 68 DIST2 340 36 1360 MC KENZIE ST BROWNLEE TENTH ST 2006 68 DIST2 315 36 1260 D1/D2 Seal Local Street Street From Street To Seal PCI EMS Length Width SY FAIRMONT FAIRFAX KENWOOD 2001 70 DIST1 500 24 1333 FAIRMONT FAIRVIEW FAIRFAX 2001 70 DIST1 525 24 1400 FAIRMONT FAIRVIEW FAIRFAX 2001 70 DIST1 0 24 0 FAIRMONT WEST GATE LONGVIEW W 2001 70 DIST1 600 26 1733 FAIRMONT LONGVIEW W FAIRVIEW 2001 70 DIST1 325 24 867 MASON CONCHO DEAD END E 1992 71 DIST1 177 24 472 MASON COMAL CONCHO 1992 71 DIST1 816 24 2176 LONGVIEW EAST FAIRMONT LONGVIEW W. 2001 73 DIST1 0 28 0 OSAGE BALDWIN MORGAN 2003 68 DIST1 200 22 489 SIXTEENTH DEAD END N LAREDO 1997 69 DIST1 250 16 444 SIXTEENTH LAREDO AGNES 1997 69 DIST1 300 38 1267 AVONDALE CORNELIACIR.E WESTCHESTER 2001 69 DIST1 850 24 2267 COKE BRENNAN MESTINA 0 72 DIST1 230 22 562 COKE LIPAN BRENNAN 0 72 DIST1 190 22 464 S COUNTRY CLUB UP RIVER RD INTERSTATE 37 1988 68 DIST1 340 40 1511 COKE COMANCHE LIPAN 1980 72 DIST1 350 28 1089 COKE HOWARD COMANCHE 1967 72 DIST1 350 24 933 COKE MESTINA LEOPARD ST. 0 72 DIST1 350 20 778 LONGVIEW EAST FAIRMONT LONGVIEW W. 2001 73 DIST1 665 28 2069 BOOTY SANTA FE FIFTH ST 2002 70 DIST2 550 34 2078 SOUTHERN THIRD SANTA FE 2003 70 DIST2 285 24 760 BOOTY FIFTH ST SIXTH ST 2002 70 DIST2 350 34 1322 BOOTY SANTA FE FIFTH ST 2002 70 DIST2 0 34 0 BOOTY SIXTH ST SEVENTH ST 2002 70 DIST2 350 34 1322 BOOTY SEVENTH ST STAPLES 2002 70 DIST2 320 31 1102 SOUTHERN SANTAFE LAWNVIEW 0 70 DIST2 650 24 1733 SOUTHERN OCEAN DR THIRD 2003 70 DIST2 840 24 2240 BOOTY ALAMEDA TENTH 2006 70 DIST2 354 29 1141 BOOTY TENTH ST BROWNLEE 2006 70 DIST2 392 33 1437 BOOTY TENTH ST BROWNLEE 2006 70 DIST2 392 33 1437 HOFFMAN AUSTIN TOPEKA 2003 68 DIST2 320 30 1,067 HOFFMAN LAWNVIEW AUSTIN 2003 68 DIST2 300 30 1,000 HOFFMAN TOPEKA ALAMEDA S. 2003 68 DIST2 340 30 1,133 Delivery Order 4 Totals: Overlay(A) Overlay(C) Overlay(L) SY Total %Total 0 16,386 25,811 42,197 47% Sea lcoat(A) Sea lcoat(C) Sea lcoat(L) SYTotal 7,978 2,620 37,628 48,226 53% Delivery Order No 4: 90,422 SPMP Delivery Order 5 Overlay D3 Overlay A Street Street From Street To Class PCI EMS Length Width SY BEAR LN R R CROSSINC JOE MIREUIR Arterial 55 DIST3 2172 22 5309 BEAR LN JUNIOR BECK HEINSOHN RD Arterial 55 DIST3 2474 20 5498 D3 Overlay C Street Street From Street To Class PCI EMS Length Width SY COLUMBIA LOLITA HORNE RD Collector 55 DIST3 405 36 1620 COLUMBIA MENDOZA LOLITA Collector 55 DIST3 430 36 1720 COLUMBIA 3LOOMINGTOI\ MENDOZA Collector 55 DIST3 415 36 1660 COLUMBIA IMPERIAL CIR BLOOMINGTON Collector 55 DIST3 288 24 768 COLUMBIA ROCKLAWN IMPERIAL CIR Collector 55 DIST3 301 24 803 COLUMBIA )AN RAFAEL S- ROCKLAWN Collector 55 DIST3 336 24 896 COLUMBIA CLOVER CIR SAN RAFAEL ST Collector 55 DIST3 285 24 760 3 Overlay Local Street Street From Street To Class PCI EMS Length Width SY RAESWOOD DI GLEN ARBOR CAIN DR Local 54 DIST3 250 24 667 RAESWOOD DI WOODHAVEN GLEN ARBOR Local 54 DIST3 250 24 667 RAESWOOD DI HOLLY RD WOODHAVEN Local 54 DIST3 160 24 427 RAESWOOD DI CAIN DR TANGLEWOOD Local 54 DIST3 280 24 747 URTIS CLARK D BURTON BETTY JEAN Local 55 DIST3 1320 24 3,520 URTIS CLARK D BURTON BETTY JEAN Local 55 DIST3 0 24 0 URTIS CLARK D S STAPLES BURTON Local 55 DIST3 0 24 0 URTIS CLARK D S STAPLES BURTON Local 55 DIST3 1325 24 3,533 GLEN ARBOR BRIARWOOD ETHERIDGE Local 56 DIST3 650 24 1,733 GLEN ARBOR ETHERIDGE BRAESWOOD Local 56 DIST3 720 24 1,920 GOLD NUGGET;ENTUCKY DERB DEAD END S Local 55 DIST3 500 24 1,333 LESLIE JOLENE JOLIET Local 54 DIST3 550 24 1,467 LESLIE JOLIET WILLIAMS Local 54 DIST3 775 24 2,067 MANDY TANGLEWOOD LUCINDA LN Local 55 DIST3 730 24 1,947 MULLIGAN DEL STARR KILLARMET Local 56 DIST3 1090 24 2,907 NICOLE COURT GRACIELA DR DEAD END N Local 55 DIST3 344 24 917 SKINNER RAMONA VALDEZ Local 54 DIST3 250 24 667 SKINNER JOSE RAMONA Local 54 DIST3 250 24 667 YOLANDA VILLAREAL BLOOMINGTON Local 56 DIST3 0 24 0 YOLANDA VILLAREAL BLOOMINGTON Local 56 DIST3 1360 24 3,627 SPMP Delivery Order 5 Seal Coat D2 Seal A Street Street From Street To Class PCI EMS Length Width SY WEBER RD BARNES PYLE Arterial 70 DIST2 345 57 2185 GOLLIHAR COTTAGE NICHOLSON Arterial 70 DIST2 350 60 2333 WEBER RD BRADFORD LAMONT Arterial 70 DIST2 305 57 1932 WEBER RD PYLE BRADFORD Arterial 70 DIST2 315 57 1995 GOLLIHAR IVY LANE COTTAGE Arterial 70 DIST2 330 60 2200 GOLLIHAR NESBITT TOWNSEND Arterial 70 DIST2 270 60 1800 GOLLIHAR NESBITT TOWNSEND Arterial 70 DIST2 0 60 0 GOLLIHAR HOLLYWOOD NESBITT Arterial 70 DIST2 260 60 1733 GOLLIHAR ODEM HOLLYWOOD Arterial 70 DIST2 115 60 767 WEBER RD GOLLIHAR BARNES Arterial 70 DIST2 520 57 3293 GOLLIHAR NICHOLSON ODEM Arterial 70 DIST2 485 60 3233 GOLLIHAR COTTAGE NICHOLSON Arterial 70 DIST2 0 60 0 GOLLIHAR IVY LANE COTTAGE Arterial 70 DIST2 0 60 0 GOLLIHAR KOSTORYZ IVY LANE Arterial 70 DIST2 380 60 2533 WEBER RD LAMONT MARION CIR Arterial 70 DIST2 290 57 1837 WEBER RD LINCOLN CIR TERRACE CIR Arterial 70 DIST2 330 57 2090 WEBER RD MARION CIR LINCOLN CIR Arterial 70 DIST2 265 57 1678 WEBER RD TERRACE CIR MC ARDLE RD Arterial 70 DIST2 285 57 1805 WEBER RD LINDEN GOLLIHAR Arterial 70 DIST2 540 57 3420 GOLLIHAR GREENGROVE DEVON Arterial 70 DIST2 240 60 1600 GOLLIHAR DEVON BROOKDALE Arterial 70 DIST2 100 60 667 GOLLIHAR TOWNSEND GREENGROVE Arterial 70 DIST2 320 60 2133 GOLLIHAR BROOKDALE HELEN Arterial 70 DIST2 325 60 2167 GOLLIHAR HELEN EVELYN Arterial 70 DIST2 330 60 2200 GOLLIHAR EVELYN SPRING Arterial 70 DIST2 100 60 667 GOLLIHAR CARLTON KILGORE Arterial 70 DIST2 275 60 1833 GOLLIHAR SPRING CHRISTIE Arterial 70 DIST2 575 60 3833 GOLLIHAR DINN CARLTON Arterial 70 DIST2 275 60 1833 GOLLIHAR KILGORE AYERS Arterial 70 DIST2 350 60 2333 GOLLIHAR CHRISTIE FLORENCE Arterial 70 DIST2 175 60 1167 GOLLIHAR NAPLES DINN Arterial 70 DIST2 275 60 1833 GOLLIHAR FLORENCE NAPLES Arterial 70 DIST2 150 60 1000 D3 Seal C Street Street From Street To Class PCI EMS Length Width SY TIGER LN FLYNN PKWY. OAKHURST DR Collector 70 DIST3 2720 44 13,298 FRIO GREENWOOD LOS ROBLES Collector 71 DIST3 0 24 0 FRIO GREENWOOD LOS ROBLES Collector 71 DIST3 1215 24 3,240 TIGER LN OAKHURST DR WEBER RD. Collector 70 DIST3 0 44 0 NILE DR. PHARAOH ASWAN Collector 78 DIST4 1350 36 5,400 NILE DR. PHARAOH ASWAN Collector 78 DIST4 0 36 0 NILE DR. ASWAN MC ARDLE Collector 78 DIST4 650 36 2,600 D3 Seal Local Street Street From Street To Class PCI EMS Length Width SY MILAM DR SOKOL DR BEXAR DR Local 71 DIST3 503 24 1341 JOHANNA KOSTORYZ RD. BONHAM ST. Local 70 DIST3 882 24 2352 HICKEY DR. SHEA PKWY.E HIGGINS DR. Local 71 DIST3 600 24 1600 CAIN DR BURTON BETTY JEAN Local 71 DIST3 0 24 0 CAIN DR BURTON BETTY JEAN Local 71 DIST3 1335 24 3560 CAIN DR STAPLES BURTON Local 71 DIST3 0 24 0 ETHERIDGE DR GLEN ARBOR CAIN DR Local 70 DIST3 280 24 747 KILLARMET ESSEX HIGGINS Local 71 DIST3 255 36 1020 KILLARMET KILLARMET CIRA& ESSEX Local 71 DIST3 280 36 1120 WOODHAVEN ETHERIDGE BRIARWOOD Local 70 DIST3 720 24 1920 WOODHAVEN BRAESWOOD ETHERIDGE Local 70 DIST3 650 24 1733 ETHERIDGE DR WOODHAVEN GLEN ARBOR Local 70 DIST3 250 24 667 ETHERIDGE DR HOLLY RD. WOODHAVEN Local 70 DIST3 165 24 440 CAIN DR STAPLES BURTON Local 71 DIST3 1330 24 3547 KILLARMET SHEA PKWY.E SHEA PKWY.W Local 71 DIST3 180 24 480 KILLARMET HIGGINS SHEA PKWY.E Local 71 DIST3 555 36 2220 ETHERIDGE DR CAIN DR TANGLEWOOD Local 70 DIST3 280 24 747 ETHERIDGE DR TANGLEWOOD BONNER Local 70 DIST3 250 24 667 LOLITA THERESA ELVIRA Local 71 DIST3 1360 24 3627 LOLITA COLUMBIA THERESA Local 71 DIST3 1200 24 3200 HARVARD GREENWOOD SHAW Local 71 DIST3 950 24 2533 HARVARD GREENWOOD SHAW Local 71 DIST3 0 24 0 HARVARD VITEMB VESTAL Local 71 DIST3 575 24 1533 )elivery Order 5 Totals: Overlay(A) Overlay(C) Overlay(L) SY total %Total $ 10,807.11 $ 8,226.67 $ 28,810.67 47,844 29% Sealcoat(A) Sealcoat(C) Sealcoat(L) $ 58,101.67 $ 24,537.78 $ 35,053.33 117,693 71% Delivery Order No.5: 165,537 SPMP -LISTING BY DISTRICT Street From To Class PCI District Length Width SY AGNES ST. SHAWNEE PUEBLO Arterial 70 DIST1 340 61 2304 AGNES ST. PUEBLO TROPICAL Arterial 70 DIST1 150 61 1017 AGNES ST. TROPICAL HAVANA Arterial 70 DIST1 190 61 1288 AGNES ST. HAVANA OLD ROBSTOWN Arterial 70 DIST1 640 61 4338 AGNES ST. OLD ROBSTOWN BALDWIN Arterial 70 DIST1 1040 30 3467 AVONDALE CORNELIA CIR.E WESTCHESTER Local 69 DIST1 850 24 2267 BALDWIN AIRPORT RD. VERA CRUZ Arterial 55 DIST1 300 28 933 BALDWIN VERA CRUZ TORREON Arterial 55 DIST1 300 28 933 BALDWIN TORREON CORTEZ Arterial 55 DIST1 300 28 933 BALDWIN CORTEZ BALBOA Arterial 55 DIST1 450 28 1400 BALDWIN BALBOA PUEBLO Arterial 55 DIST1 325 29 1047 BALDWIN PUEBLO SHAWNEE Arterial 55 DIST1 340 29 1096 BALDWIN SHAWNEE HIAWATHA Arterial 55 DIST1 340 29 1096 BALDWIN HIAWATHA VIRGINIA Arterial 55 DIST1 400 29 1289 BALDWIN VIRGINIA CHEYENNE Arterial 55 DIST1 400 29 1289 BALDWIN CHEYENNE MOHAWK Arterial 55 DIST1 425 29 1369 BALDWIN MOHAWK MORGAN Arterial 55 DIST1 150 29 483 BRIGHT MORGAN REYNA Local 55 DIST1 550 24 1467 BUFORD TWENTY SECOND NINETEENTH Local 58 DIST1 900 24 2400 CENIZO MUELLER LIVE OAK Local 54 DIST1 250 27 750 CLEO MORGAN HEINLEY Local 56 DIST1 200 34 756 COKE BRENNAN MESTINA Local 72 DIST1 230 22 562 COKE LIPAN BRENNAN Local 72 DIST1 190 22 464 COKE COMANCHE LIPAN Local 72 DIST1 350 28 1089 COKE HOWARD COMANCHE Local 72 DIST1 350 24 933 COKE MESTINA LEOPARD ST. Local 72 DIST1 350 20 778 COMANCHE PORT AVE. BLUNTZER Collector 69 DIST1 217 41 989 COMANCHE BLUNTZER PALM Collector 69 DIST1 803 41 3658 DOLORES HIGHLAND CHIPPEWA Local 72 DIST1 350 24 933 DOLORES CHIPPEWA RUTH Local 72 DIST1 575 24 1533 DOLORES RUTH MARY Local 72 DIST1 870 24 2320 DOLORES MARY AGNES Local 72 DIST1 510 24 1360 FAIRMONT FAIRFAX KENWOOD Local 70 DIST1 500 24 1333 FAIRMONT FAIRVIEW FAIRFAX Local 70 DIST1 525 24 1400 FAIRMONT WEST GATE LONGVIEW W Local 70 DIST1 600 26 1733 FAIRMONT LONGVIEW W FAIRVIEW Local 70 DIST1 325 24 867 FRANCESCA RUTH MARY Local 69 DIST1 870 24 2320 FRANCESCA MARY AGNES Local 69 DIST1 470 24 1253 HIAWATHA AGNES LOU Local 70 DIST1 575 24 1533 HIAWATHA LOU PINE Local 70 DIST1 500 24 1333 HIAWATHA PINE HURON Local 70 DIST1 140 24 373 KOKERNOT MORGAN HOSPITAL Local 73 DIST1 350 38 1478 LEOPARD S NUECES BAY OLD ROBSTOWN RD Arterial 70 DIST1 550 44 2689 LEOPARD S OLD ROBSTOWN RD OLIVER CT Arterial 70 DIST1 200 34 756 LEOPARD S OLIVER CT UP RIVER RD. Arterial 70 DIST1 1200 34 4533 LIPAN ST. PALM DR. PORT AVE. Collector 55 DIST1 1325 37 5447 LIPAN ST. PORT AVE. NINETEENTH Collector 55 DIST1 1450 37 5961 LONGVIEW EAST FAIRMONT LONGVIEW W. Local 73 DIST1 665 28 2069 LOU ST. VIRGINA HIAWATHA Local 54 DIST1 325 24 867 LOU ST. MOHAWK CHEYENNE Local 54 DIST1 350 24 933 MASON CONCHO DEAD END E Local 71 DIST1 177 24 472 SPMP -LISTING BY DISTRICT Street From To Class PCI District Length Width SY MASON COMAL CONCHO Local 71 DIST1 816 24 2176 NANDINA MUELLER MIMOSA Local 55 DIST1 150 24 400 NANDINA MIMOSA BUDDY LAWRENCE Local 55 DIST1 0 24 0 NANDINA MIMOSA BUDDY LAWRENCE Local 55 DIST1 850 24 2267 NIAGARA BALDWIN FRANCIS Local 55 DIST1 450 24 1200 NIAGARA FRANCIS BRANNAN Local 55 DIST1 450 24 1200 NIAGARA SEGREST HEADLEY Local 55 DIST1 350 24 933 NIAGARA BRANNAN SEGREST Local 55 DIST1 350 24 933 NIAGARA HEINLEY NINETEENTH Local 55 DIST1 550 24 1467 NIAGARA HEADLEY HEINLEY Local 55 DIST1 350 24 933 NINETEENTH MORGAN AVE HOSPITAL Collector 55 DIST1 350 36 1400 NINETEENTH HOSPITAL CRAIG Collector 55 DIST1 200 36 800 NINETEENTH CRAIG BUFORD Collector 55 DIST1 425 37 1747 OSAGE BALDWIN MORGAN Local 68 DIST1 200 22 489 REYNA SABINAS ESPINOSA Local 57 DIST1 225 24 600 S COUNTRY CLUB UP RIVER RD INTERSTATE 37 Local 68 DIST1 340 40 1511 SIXTEENTH DEAD END N LAREDO Local 69 DIST1 250 16 444 SIXTEENTH LAREDO AGNES Local 69 DIST1 300 38 1267 ARCHER DEAD END N. SUNNYBROOK Local 55 DIST2 725 24 1933 AZTEC SEMINOLE BLAKE Local 56 DIST2 125 34 472 AZTEC OSAGE SEMINOLE Local 56 DIST2 250 34 944 BALDWIN VIRGINIA CHEYENNE Arterial 55 DIST2 400 29 1289 BALDWIN CHEYENNE MOHAWK Arterial 55 DIST2 425 29 1369 BALDWIN MOHAWK MORGAN Arterial 55 DIST2 150 29 483 BOOTY SANTA FE FIFTH ST Local 70 DIST2 550 34 2078 BOOTY FIFTH ST SIXTH ST Local 70 DIST2 350 34 1322 BOOTY SIXTH ST SEVENTH ST Local 70 DIST2 350 34 1322 BOOTY SEVENTH ST STAPLES Local 70 DIST2 320 31 1102 BOOTY ALAMEDA TENTH Local 70 DIST2 354 29 1141 BOOTY TENTH ST BROWNLEE Local 70 DIST2 392 33 1437 BOOTY TENTH ST BROWNLEE Local 70 DIST2 392 33 1437 CHAMBERLAIN REID DR ALAMEDA S Local 55 DIST2 750 24 2000 CHAMBERLAIN STAPLES S. SWANTNER Local 55 DIST2 1035 24 2760 CHAMBERLAIN SWANTNER REID DR Local 55 DIST2 895 24 2387 EIGHTEENTH ISABEL FIG Collector 68 DIST2 400 24 1067 EIGHTEENTH FIG MC KENZIE Collector 68 DIST2 360 24 960 EIGHTEENTH MC KENZIE ELIZABETH Collector 68 DIST2 870 24 2320 EIGHTEENTH ELIZABETH PRESCOTT Collector 68 DIST2 850 32 3022 ELIZABETH SECOND ST THIRD ST Collector 56 DIST2 350 44 1711 ELIZABETH THIRD SANTA FE Collector 56 DIST2 350 44 1711 ELIZABETH SANTA FE FIFTH ST Collector 56 DIST2 350 40 1556 GOLIAD PORT AVE. LAMAR Local 74 DIST2 1000 24 2667 GOLLIHAR COTTAGE NICHOLSON Arterial 70 DIST2 350 60 2333 SPMP -LISTING BY DISTRICT Street From To Class PCI District Length Width SY GOLLIHAR IVY LANE COTTAGE Arterial 70 DIST2 330 60 2200 GOLLIHAR NESBITT TOWNSEND Arterial 70 DIST2 270 60 1800 GOLLIHAR NESBITT TOWNSEND Arterial 70 DIST2 0 60 0 GOLLIHAR HOLLYWOOD NESBITT Arterial 70 DIST2 260 60 1733 GOLLIHAR ODEM HOLLYWOOD Arterial 70 DIST2 115 60 767 GOLLIHAR NICHOLSON ODEM Arterial 70 DIST2 485 60 3233 GOLLIHAR KOSTORYZ IVY LANE Arterial 70 DIST2 380 60 2533 GOLLIHAR GREENGROVE DEVON Arterial 70 DIST2 240 60 1600 GOLLIHAR DEVON BROOKDALE Arterial 70 DIST2 100 60 667 GOLLIHAR TOWNSEND GREENGROVE Arterial 70 DIST2 320 60 2133 GOLLIHAR BROOKDALE HELEN Arterial 70 DIST2 325 60 2167 GOLLIHAR HELEN EVELYN Arterial 70 DIST2 330 60 2200 GOLLIHAR EVELYN SPRING Arterial 70 DIST2 100 60 667 GOLLIHAR CARLTON KILGORE Arterial 70 DIST2 275 60 1833 GOLLIHAR SPRING CHRISTIE Arterial 70 DIST2 575 60 3833 GOLLIHAR DINN CARLTON Arterial 70 DIST2 275 60 1833 GOLLIHAR KILGORE AYERS Arterial 70 DIST2 350 60 2333 GOLLIHAR CHRISTIE FLORENCE Arterial 70 DIST2 175 60 1167 GOLLIHAR NAPLES DINN Arterial 70 DIST2 275 60 1833 GOLLIHAR FLORENCE NAPLES Arterial 70 DIST2 150 60 1000 GUADALUPE NIAGARA ST PORT AVE. Local 56 DIST2 0 18 0 GUADALUPE SARITA NIAGARA ST Local 56 DIST2 720 18 1440 HALSEY MACARTHUR EISENHOWER Local 73 DIST2 950 24 2533 HOFFMAN AUSTIN TOPEKA Local 68 DIST2 320 30 1,067 HOFFMAN LAWNVIEW AUSTIN Local 68 DIST2 300 30 1,000 HOFFMAN TOPEKA ALAMEDA S. Local 68 DIST2 340 30 1,133 MC KENZIE ST TENTH ST ALAMEDA Collector 68 DIST2 340 36 1360 MC KENZIE ST BROWNLEE TENTH ST Collector 68 DIST2 315 36 1260 NIAGARA SONORA BALDWIN Local 55 DIST2 675 24 1800 OSAGE DEAD END S. AZTEC Local 74 DIST2 325 24 867 OSAGE AZTEC BALDWIN Local 74 DIST2 900 36 3600 PORT S SAN JACINTO SONORA Arterial 70 DIST2 300 73 2433 PORT S SONORA ALAMO Arterial 70 DIST2 375 73 3042 PORT S ALAMO BALDWIN Arterial 70 DIST2 350 73 2839 REID DR. HARRISON RALSTON Local 56 DIST2 360 34 1360 REID DR. TEXAS INDIANA Local 56 DIST2 425 25 1181 REID DR. RALSTON TEXAS Local 56 DIST2 350 34 1322 REID DR. INDIANA ALAMEDA S. Local 56 DIST2 275 34 1039 SABINAS TARLTON DUNBAR Local 59 DIST2 650 24 1733 SABINAS DUNBAR EASLEY Local 59 DIST2 650 24 1733 SABINAS EASLEY SONORA Local 59 DIST2 650 24 1733 SABINAS SONORA BALDWIN Local 59 DIST2 650 24 1733 SOUTHERN THIRD SANTA FE Local 70 DIST2 285 24 760 SOUTHERN SANTA FE LAWNVIEW Local 70 DIST2 650 24 1733 SOUTHERN OCEAN DR THIRD Local 70 DIST2 840 24 2240 SPMP -LISTING BY DISTRICT Street From To Class PCI District Length Width SY WEBER RD BARNES PYLE Arterial 70 DIST2 345 57 2185 WEBER RD BRADFORD LAMONT Arterial 70 DIST2 305 57 1932 WEBER RD PYLE BRADFORD Arterial 70 DIST2 315 57 1995 WEBER RD GOLLIHAR BARNES Arterial 70 DIST2 520 57 3293 WEBER RD LAMONT MARION CIR Arterial 70 DIST2 290 57 1837 WEBER RD LINCOLN CIR TERRACE CIR Arterial 70 DIST2 330 57 2090 WEBER RD MARION CIR LINCOLN CIR Arterial 70 DIST2 265 57 1678 WEBER RD TERRACE CIR MC ARDLE RD Arterial 70 DIST2 285 57 1805 WEBER RD LINDEN GOLLIHAR Arterial 70 DIST2 540 57 3420 AGNES ST. OLD ROBSTOWN BALDWIN Arterial 70 DIST3 1040 31 3582 ANGELA HORNE RD. BLOOMINGTON Collector 68 DIST3 1230 24 3280 ANGELA BLOOMINGTON VILLAREAL Collector 68 DIST3 1360 24 3627 ANGELA VILLAREAL WEST POINT Collector 70 DIST3 1355 24 3613 BALBOA BALDWIN NAVAJO Local 72 DIST3 350 24 933 BALBOA NAVAJO SANTA ELENA Local 72 DIST3 250 24 667 BALBOA SANTA ELENA HIDALGO Local 72 DIST3 250 24 667 BALBOA HIDALGO MORGAN Local 72 DIST3 950 36 3800 BALDWIN AIRPORT RD. VERA CRUZ Arterial 55 DIST3 311 29 1002 BALDWIN VERA CRUZ TORREON Arterial 55 DIST3 311 29 1002 BALDWIN TORREON CORTEZ Arterial 55 DIST3 311 29 1002 BALDWIN CORTEZ BALBOA Arterial 55 DIST3 450 29 1450 BALDWIN BALBOA PUEBLO Arterial 55 DIST3 325 29 1047 BALDWIN PUEBLO SHAWNEE Arterial 55 DIST3 340 29 1096 BALDWIN SHAWNEE HIAWATHA Arterial 55 DIST3 340 29 1096 BALDWIN HIAWATHA VIRGINIA Arterial 55 DIST3 400 29 1289 BEAR LN R R CROSSING JOE MIREUIR Arterial 55 DIST3 2172 22 5309 BEAR LN JUNIOR BECK HEINSOHN RD Arterial 55 DIST3 2474 20 5498 BRAESWOOD DR GLEN ARBOR CAIN DR Local 54 DIST3 250 24 667 BRAESWOOD DR WOODHAVEN GLEN ARBOR Local 54 DIST3 250 24 667 BRAESWOOD DR HOLLY RD WOODHAVEN Local 54 DIST3 160 24 427 BRAESWOOD DR CAIN DR TANGLEWOOD Local 54 DIST3 280 24 747 CAIN DR BURTON BETTYJEAN Local 71 DIST3 1335 24 3560 CAIN DR STAPLES BURTON Local 71 DIST3 1330 24 3547 COLUMBIA LOLITA HORNE RD Collector 55 DIST3 405 36 1620 COLUMBIA MENDOZA LOLITA Collector 55 DIST3 430 36 1720 COLUMBIA BLOOMINGTON MENDOZA Collector 55 DIST3 415 36 1660 COLUMBIA IMPERIALCIR BLOOMINGTON Collector 55 DIST3 288 24 768 COLUMBIA ROCKLAWN IMPERIALCIR Collector 55 DIST3 301 24 803 COLUMBIA SAN RAFAELST ROCKLAWN Collector 55 DIST3 336 24 896 COLUMBIA CLOVER CIR SAN RAFAELST Collector 55 DIST3 285 24 760 CURTIS CLARK DR BURTON BETTY JEAN Local 55 DIST3 1320 24 3,520 CURTIS CLARK DR S STAPLES BURTON Local 55 DIST3 1325 24 3,533 ELVIRA BLOOMINGTON MENDOZA Local 68 DIST3 410 24 1093 ELVIRA MENDOZA LOLITA Local 68 DIST3 430 24 1147 ELVIRA LOLITA HORNE RD Local 68 DIST3 440 24 1173 ETHERIDGE DR GLEN ARBOR CAIN DR Local 70 DIST3 280 24 747 ETHERIDGE DR WOODHAVEN GLEN ARBOR Local 70 DIST3 250 24 667 ETHERIDGE DR HOLLY RD. WOODHAVEN Local 70 DIST3 165 24 440 ETHERIDGE DR CAIN DR TANGLEWOOD Local 70 DIST3 280 24 747 ETHERIDGE DR TANGLEWOOD BONNER Local 70 DIST3 250 24 667 EVERHART RD. HOLLY RD SCHANEN Arterial 70 DIST3 480 29 1,547 EVERHART RD. SCHANEN SHEA PKWY N. Arterial 70 DIST3 770 29 2,481 EVERHART RD. MAYO WOOLDRIDGE RD. Arterial 70 DIST3 260 29 838 EVERHART RD. WOOLDRIDGE RD. GAYLE Arterial 70 DIST3 316 29 1,018 SPMP -LISTING BY DISTRICT Street From To Class PCI District Length Width SY EVERHART RD. GAYLE DONEGAL Arterial 70 DIST3 300 20 667 EVERHART RD. DONEGAL CONGRESSIONAL Arterial 70 DIST3 920 20 2,044 EVERHART RD. CONGRESSIONAL SARATOGA Arterial 70 DIST3 1630 20 3,622 EVERHART RD. SHEA PKWY N. SHEA PKWY S. Arterial 70 DIST3 210 29 677 EVERHART RD. SHEA PKWY S. MAYO Arterial 70 DIST3 260 29 838 FRIO GREENWOOD LOS ROBLES Collector 71 DIST3 0 24 0 FRIO GREENWOOD LOS ROBLES Collector 71 DIST3 1215 24 3,240 GLEN ARBOR BRIARWOOD ETHERIDGE Local 56 DIST3 650 24 1,733 GLEN ARBOR ETHERIDGE BRAESWOOD Local 56 DIST3 720 24 1,920 GLORIA GUATEMOZIN VERA CRUZ Local 74 DIST3 375 24 1000 GOLD NUGGET KENTUCKY DERBY DEAD END S Local 55 DIST3 500 24 1,333 HARVARD GREENWOOD SHAW Local 71 DIST3 950 24 2533 HARVARD VITEMB VESTAL Local 71 DIST3 575 24 1533 HICKEY DR. SHEA PKWY.E HIGGINS DR. Local 71 DIST3 600 24 1600 JOHANNA KOSTORYZ RD. BONHAM ST. Local 70 DIST3 882 24 2352 KILLARMET KILLARMET CIR.E DONEGAL Local 71 DIST3 300 36 1,200 KILLARMET DONEGAL CARLOW Local 71 DIST3 0 36 0 KILLARMET DONEGAL CARLOW Local 71 DIST3 300 36 1,200 KILLARMET CARLOW KILLARMET CIR.W Local 71 DIST3 350 36 1,400 KILLARMET ESSEX HIGGINS Local 71 DIST3 255 36 1020 KILLARMET KILLARMET CIR.W ESSEX Local 71 DIST3 280 36 1120 KILLARMET SHEA PKWY.E SHEA PKWY.W Local 71 DIST3 180 24 480 KILLARMET HIGGINS SHEA PKWY.E Local 71 DIST3 555 36 2220 LESLIE JOLENE JOLIET Local 54 DIST3 550 24 1,467 LESLIE JOLIET WILLIAMS Local 54 DIST3 775 24 2,067 LOLITA THERESA ELVIRA Local 71 DIST3 1360 24 3627 LOLITA COLUMBIA THERESA Local 71 DIST3 1200 24 3200 MANDY TANGLEWOOD LUCINDA LN Local 55 DIST3 730 24 1,947 MILAM DR SOKOL DR BEXAR DR Local 71 DIST3 503 24 1341 MULLIGAN DELSTARR KILLARMET Local 56 DIST3 1090 24 2,907 NICOLE COURT GRACIELA DR DEAD END N Local 55 DIST3 344 24 917 SKINNER RAMONA VALDEZ Local 54 DIST3 250 24 667 SKINNER JOSE RAMONA Local 54 DIST3 250 24 667 TIGER LN FLYNN PKWY. OAKHURST DR Collector 70 DIST3 2720 44 13,298 TIGER LN OAKHURST DR WEBER RD. Collector 70 DIST3 0 44 0 WOODHAVEN ETHERIDGE BRIARWOOD Local 70 DIST3 720 24 1920 WOODHAVEN BRAESWOOD ETHERIDGE Local 70 DIST3 650 24 1733 YOLANDA VILLAREAL BLOOMINGTON Local 56 DIST3 1360 24 3,627 AIRDOME ARISTOCRAT HELD Local 78 DIST4 260 36 1,040 AIRDOME WALDRON ARISTOCRAT Local 78 DIST4 950 36 3,800 ANNETTE SPRING LAGUNA SHORE Local 55 DIST4 740 19 1,562 ANTARES JAMAICA CHARLOTTE Local 77 DIST4 750 24 2,000 ASH LOCK DR GRAND VIEW ST ROSE ST Local 69 DIST4 390 24 1,040 AZORES CARIBBEAN DEAD END S Local 71 DIST4 1200 24 3,200 BIG DIPPER CANIS DR SILVER SANDS Local 56 DIST4 772 24 2,059 BIMINI BELMONT HIALEAH Local 52 DIST4 620 26 1,791 BIMINI HIALEAH CARIBBEAN Local 52 DIST4 280 26 809 BIMINI CARIBBEAN DEAD END S Local 52 DIST4 1300 24 3,467 CANIS DR STAR COVE BIG DIPPER Local 56 DIST4 267 24 712 CANIS DR BIG DIPPER SILVER SANDS Local 56 DIST4 263 24 701 CARTAGENA COVEWAY JAMAICA Local 56 DIST4 165 24 440 CARTAGENA E.CARTAGENA CIR COVEWAY Local 56 DIST4 251 24 669 CARTAGENA W.CARTAGENA CIR E.CARTAGENA CIR Local 56 DIST4 252 24 672 CARTAGENA CARTAGENA W.CARTAGENA CIR Local 56 DIST4 282 24 752 SPMP -LISTING BY DISTRICT Street From To Class PCI District Length Width SY CARTAGENA CARTAGENA DEAD END Local 56 DIST4 125 24 333 CARTAGENA MEDITERRANEA VEGA Local 56 DIST4 1142 24 3,045 CARTAGENA VEGA CARTAGENA Local 56 DIST4 200 24 533 CATCAY CARIBBEAN DEAD END Local 76 DIST4 1150 24 3,067 CLARIDE MILITARY N.A.S.DR. Local 72 DIST4 940 19 1,984 COMPTON RD WALDRON FIRST NATIONAL Collector 52 DIST4 1560 60 10,400 CORSAIR DR RODDFIELD RD BLUE ANGEL Local 71 DIST4 700 36 2,800 CRESTMONT DON PATRICIO DIVISION RD Local 70 DIST4 1330 18 2,660 EASY ST EASY Cl R. DEAD END N. Local 55 DIST4 170 24 453 EASY ST WHITELEY EASY CIR. Local 55 DIST4 820 24 2,187 FAWN CAROLYN WALDRON Local 56 DIST4 365 18 730 FAWN WALDRON CORA LEE Local 56 DIST4 435 18 870 FAWN PADRE ISLAND DR CAROLYN Local 56 DIST4 480 18 960 GLENOAK DEAD END W. FLOUR BLUFF DR. Collector 73 DIST4 3968 12 5,291 GRAHAM MEEKS FLOUR BLUFF DR. Collector 57 DIST4 1955 19 4,127 GRAND VIEW DR DEAD END W STANTON DR Local 68 DIST4 164 24 437 GULF STREAM MONMOUTH JAMAICA Local 52 DIST4 285 26 823 GULF STREAM PIMLICO MONMOUTH Local 52 DIST4 360 26 1,040 HERRING YORKTOWN REX LANE Local 58 DIST4 1310 22 3,202 HERRING DEAD END N. YORKTOWN Local 58 DIST4 613 22 1,498 JESTER WASTEWATER PLT PARK Local 72 DIST4 615 19 1,298 JESTER MARZBACHER WASTEWATER PLT Local 72 DIST4 860 13 1,242 JESTER JANE MARZBACHER Local 72 DIST4 475 20 1,056 JESTER CARLETA JANE Local 76 DIST4 475 20 1,056 JESTER N.A.S.DR. CARLETA Local 76 DIST4 600 22 1,467 KAZIMIR DR STROM RD PURDUE RD Local 71 DIST4 503 24 1,341 KNICKERBOCKER LAGUNA SHORE STEWART Local 56 DIST4 350 20 778 KNICKERBOCKER STEWART DEAD END E. Local 58 DIST4 175 20 389 LAKE SIDE CORA LEE WALDRON RD Local 69 DIST4 730 20 1,622 LAKE SIDE WALDRON RD. N.A.S.DR. Local 69 DIST4 270 20 600 LAKE SIDE LAKE SIDE E RECREATION Local 69 DIST4 215 20 478 LAKE SIDE RECREATION ADMIRAL Local 69 DIST4 350 20 778 LAKE SIDE ADMIRAL MOUNTS Local 69 DIST4 750 20 1,667 LAKE SIDE MOUNTS CORA LEE Local 69 DIST4 535 20 1,189 LAKE SIDE CORA LEE WALDRON RD Local 69 DIST4 730 20 1,622 LAKE SIDE WALDRON RD. N.A.S.DR. Local 69 DIST4 270 20 600 MANITOBA DEAD END N. SELKIRK Local 54 DIST4 200 24 533 MANITOBA SELKIRK ONTARIO Local 54 DIST4 284 24 757 MANITOBA ONTARIO WINNIPEG Local 54 DIST4 334 24 891 MARINERS DR S.H.361 DEAD END(E) Local 71 DIST4 1267 36 5,068 MARLIN ST. YORKTOWN BLVD. REX LANE Local 69 DIST4 1310 21 3,057 MATLOCK BEHMANN REDMOND Collector 77 DIST4 320 24 853 MATLOCK STONE TALMADGE Collector 78 DIST4 935 24 2,493 MATLOCK MILITARY GERTRUDE Collector 78 DIST4 203 24 541 MATLOCK MILITARY GERTRUDE Collector 78 DIST4 203 24 541 MATLOCK MC IVER BEHMANN Collector 77 DIST4 360 21 840 MATLOCK GREEN BAY MC IVER Collector 77 DIST4 320 21 747 MISSION LAKE CANTERA TR. D.E. Local 68 DIST4 335 24 893 NILE DR. PHARAOH ASWAN Collector 78 DIST4 1350 36 5,400 NILE DR. PHARAOH ASWAN Collector 78 DIST4 0 36 0 NILE DR. ASWAN MCARDLE Collector 78 DIST4 650 36 2,600 OTTAWA Cl R. QUEBEC DEAD END Local 70 DIST4 435 24 1,160 PADRE ISLAND SR HEADSAIL JACKFISH Local 68 DIST4 1600 24 4,267 SANDY OAKS ISLANDER SANTANA Local 71 DIST4 300 24 800 SPMP -LISTING BY DISTRICT Street From To Class PCI District Length Width SY SANDY OAKS NEWPORT ISLANDER Local 64 DIST4 315 24 840 SANDY OAKS SANTANA WALDRON RD. Local 71 DIST4 235 24 627 SANDY OAKS SANTANA WALDRON RD. Local 71 DIST4 235 24 627 SANTANA NEWPORT ISLANDER Local 79 DIST4 310 24 827 SANTANA CAPRICE NEWPORT Local 79 DIST4 295 24 787 SANTANA SANTANA SANDY OAKS Local 78 DIST4 400 24 1,067 SANTANA ISLANDER SANTANA Local 78 DIST4 305 24 813 SCOTLAND N.A.S.DR. MILITARY Local 71 DIST4 1010 19 2,132 SILVER SANDS BIG DIPPER DAWN BREEZE Local 55 DIST4 342 24 912 SKIPPER ANCHOR AVIATION Local 52 DIST4 390 19 823 SKIPPER MERZBACHER CARLETA Local 52 DIST4 950 19 2,006 SKIPPER N.A.S.DR. ANCHOR Local 52 DIST4 471 19 994 SKIPPER LAGUNA MADRE MERZBACHER Local 52 DIST4 975 19 2,058 SKIPPER CARLETA N.A.S.DR. Local 52 DIST4 600 19 1,267 SOTO COQUINA BAY SEA PINES Local 71 DIST4 270 24 720 ST. JOSEPH ST.MARTIN GLENOAK Local 53 DIST4 762 36 3,048 ST.FRANCIS ST.BENDICT CT. ST.ANTHONY PL. Collector 78 DIST4 234 36 936 ST.FRANCIS ST.ANTHONY PL. ST.PETER Collector 78 DIST4 237 36 948 ST.FRANCIS ST.COLUMBAN PL. ST.BENEDICT CT. Collector 78 DIST4 234 36 936 ST.FRANCIS ST.DOMINIC CT. ST.COLUMBAN PL. Collector 78 DIST4 234 36 936 ST.FRANCIS ST.PHILLIP CT. ST.DOMINIC CT. Collector 78 DIST4 234 36 936 ST.JOSEPH ST.PAUL CIR ST.MARTIN Local 53 DIST4 260 36 1,040 ST.JOSEPH ST.PETER ST.PAUL CIR. Local 53 DIST4 265 36 1,060 STANTON DR GRAND VIEW ST ROSE ST Local 70 DIST4 390 24 1,040 STONE PADRE ISLAND DR O'NEILL Local 55 DIST4 910 19 1,921 TALMADGE DEMA PADRE ISLAND DR Local 72 DIST4 425 19 897 VANCOUVER DR VOISIN DR CANADIAN DR Local 55 DIST4 625 24 1,667 VANCOUVER DR QUEBEC VOISIN DR Local 55 DIST4 525 24 1,400 VEGA DR CARTAGENA MEADOWRIDGE Local 77 DIST4 230 24 613 VEGA DR CHARLOTTE CARTAGENA Local 77 DIST4 238 24 635 VEGA DR MEADOWRIDGE CELON Local 77 DIST4 307 24 819 VICTORIA PARK QUEBEC OSO PARKWAY DR. Collector 68 DIST4 954 36 3,816 WALDRON RD CLARIDE LAKESIDE Arterial 55 DIST4 320 46 1,636 WALDRON RD LAKESIDE FAWN Arterial 55 DIST4 630 46 3,220 WALDRON RD N.A.S.DR. WEBB Arterial 55 DIST4 100 46 511 WALDRON RD FAWN PADRE ISLAND DR Arterial 55 DIST4 560 46 2,862 WEBB NAS DR MILITARY Local 68 DIST4 600 19 1,267 WESTRIDGE BLVD GRAHAM RD DEAD END Local 71 DIST4 525 24 1,400 WESTRIDGE BLVD(E) GRAHAM RD DEAD END Local 71 DIST4 685 22 1,674 WESTRIDGE BLVD(W) GRAHAM RD DEAD END Local 71 DIST4 710 22 1,736 WHITELEY THELMA DEAD END E. Local 78 DIST4 2175 22 5,317 WINNIPEG MANITOBA RETTA Local 56 DIST4 684 24 1,824 YORKTOWN BLVD. OSO CREEK BRDG(E) ROSCHER RD Arterial 75 DIST4 1355 24 3,613 YORKTOWN BLVD. ROSCHER RD JOE ED(PVT) Arterial 78 DIST4 1045 24 2,787 YORKTOWN BLVD. JOE ED(PVT) BERLET Arterial 78 DIST4 260 24 693 YORKTOWN BLVD. BERLET WALKING OAKES Arterial 78 DIST4 360 24 960 YORKTOWN BLVD. WALKING OAKS SCARLET OAK Arterial 78 DIST4 975 24 2,600 YORKTOWN BLVD. SCARLET OAK FLOUR BLUFF DR Arterial 78 DIST4 2630 24 7,013 AARON COVE AARON DEAD END(E) Local 55 DIST5 675 24 1,800 CATHERWOOD DR HOLLISTER DR SAULT Local 71 DIST5 120 24 320 CATHERWOOD DR SAULT DEAD END E Local 71 DIST5 200 24 533 CATHERWOOD DR KRISTIN DR SEAMIST Local 71 DIST5 280 24 747 CATHERWOOD DR SEAMIST HOLLISTER DR Local 71 DIST5 150 24 400 CEDAR PASS DR GRAND JUNCTION HOLLY RIDGE Collector 56 DIST5 305 36 1,220 SPMP -LISTING BY DISTRICT Street From To Class PCI District Length Width SY CEDAR PASS DR SUN VALLEY DR GRANDJUNCTION Collector 56 DIST5 988 36 3,952 CEDAR PASS DR HOLLY RIDGE ASPEN GROVE Collector 56 DIST5 252 36 1,008 CLEAR BROOK BOSTON DR. SPRING BROOK Local 70 DIST5 765 24 2,040 CORINTH MARS HILL JERICHO Local 71 DIST5 728 24 1,941 CORINTH EPHESUS CIR DAMASCUS CIR Local 71 DIST5 550 24 1,467 CORINTH DAMASCUS CIR JERUSALEM Local 71 DIST5 483 24 1,288 CORINTH JERUSALEM MARS HILL Local 71 DIST5 861 24 2,296 CRAPEMYRTLE LIPES SABAL Local 70 DIST5 469 24 1,251 CRAPEMYRTLE LAVENDER LIPES Local 70 DIST5 527 24 1,405 DEL RIO DR OSO PKWY ODESSA DR Local 55 DIST5 742 24 1,979 DUNBARTON OAK DR PATTI DR SUDBURY DR Collector 74 DIST5 165 36 660 DUNBARTON OAK DR DURHAM DR EARNHART Collector 74 DIST5 765 36 3,060 EVERHART RD. HOLLY RD SCHANEN Arterial 70 DIST5 480 29 1,547 EVERHART RD. SCHANEN SHEA PKWY N. Arterial 70 DIST5 770 29 2,481 EVERHART RD. MAYO WOOLDRIDGE RD. Arterial 70 DIST5 260 29 838 EVERHART RD. WOOLDRIDGE RD. GAYLE Arterial 70 DIST5 316 29 1,018 EVERHART RD. GAYLE DONEGAL Arterial 70 DIST5 300 21 700 EVERHART RD. DONEGAL CONGRESSIONAL Arterial 70 DIST5 920 21 2,147 EVERHART RD. CONGRESSIONAL SARATOGA Arterial 70 DIST5 1630 21 3,803 EVERHART RD. SHEA PKWY N. SHEA PKWY S. Arterial 70 DIST5 210 29 677 EVERHART RD. SHEA PKWY S. MAYO Arterial 70 DIST5 260 29 838 GERSHWIN LN MEADOW BREEZE DORSEYST Local 56 DIST5 0 24 0 GERSHWIN LN MEADOW BREEZE DORSEYST Local 56 DIST5 933 24 2,488 JERUSALEM SOUTH OSO PKWY NAZARETH Local 56 DIST5 346 25 961 JERUSALEM MT.ZOIN CORINTH Local 56 DIST5 584 25 1,622 JERUSALEM NAZARETH MT.ZOIN Local 56 DIST5 653 25 1,814 KINGSHIRE OSO PKWY QUEENSBOROUGH Local 56 DIST5 261 24 696 KINGSHIRE LADY DIANA CT CHICAGO DR Local 56 DIST5 101 24 269 KINGSHIRE KNIGHTS CIR LADY DIANA CT Local 56 DIST5 412 24 1,099 KINGSHIRE QUEENSBOROUGH KNIGHTS CIR Local 56 DIST5 190 24 507 MEADOW HEIGHTS MEADOW GROVE MEADOW LIGHT Local 56 DIST5 260 24 693 MEADOW HEIGHTS MEADOW VIEW MEADOW GROVE Local 56 DIST5 260 24 693 MONTECITA LONG CIR. LONGMEADOW Local 55 DIST5 750 28 2,333 MONTECITA SARATOGA RD. MEADOW CIR. Local 55 DIST5 490 28 1,524 MONTECITA MEADOW CIR. LONG CIR. Local 55 DIST5 380 28 1,182 PINEWOOD WILLIAMS DR HANLEY Local 71 DIST5 800 24 2,133 PRAIRIE DR CEDAR PASS DR DELWOOD ST Local 55 DIST5 370 36 1,480 PRAIRIE DR DELWOOD LAKE MEDINA Local 55 DIST5 860 36 3,440 PRAIRIE DR ELM HURST LN CEDAR PASS DR Local 55 DIST5 230 36 920 SANDERS DR COODY ACUSHNET Collector 68 DIST5 250 36 1,000 SANDERS DR HOGAN COODY Collector 68 DIST5 250 36 1,000 SANDERS DR SNEAD HOGAN Collector 68 DIST5 250 36 1,000 SANDERS DR GRAND JUNCTION SNEAD Collector 68 DIST5 630 36 2,520 SPOHN SOUTH SARATOGA SPOHN DR Collector 68 DIST5 910 44 4,449 SUN VALLEY DR LAKE TAHOE DR BEAVER CREEK DR Collector 56 DIST5 281 36 1,124 SUN VALLEY DR BEAVER CREEK DR WOLF CREEK DR Collector 56 DIST5 120 36 480 SUN VALLEY DR SNOWMASS ST SNOWBIRD ST Collector 56 DIST5 250 36 1,000 SUN VALLEY DR AARON ELDORA DR Collector 56 DIST5 281 36 1,124 THUNDER BAY CT. TORONTO QUEBEC Local 70 DIST5 0 24 0 THUNDER BAY CT. TORONTO QUEBEC Local 70 DIST5 847 24 2,259 WINDBROOK RODDFIELD RD BROOKEDGE Local 71 DIST5 350 36 1,400 WINDBROOK BROOKEDGE WOODWAY Local 71 DIST5 800 24 2,133 WOODWAY DR BROOKEDGE WINDBROOK LN Collector 56 DIST5 305 24 813 YORK CROSSING BLVD KETTLESING CT KEIGHLEY CROSSING DR Local 55 DIST5 264 24 704 SPMP -LISTING BY DISTRICT Street From To Class PCI District Length Width SY YORK CROSSING BLVD ACCRINGTON CT KETTLESING CT Local 55 DIST5 269 24 717 YORK CROSSING BLVD ANNEMASSE ST ACCRINGTON CT Local 55 DIST5 264 24 704 YORK CROSSING BLVD GIBRALTAR DR ANN EMASSE ST Local 55 DIST5 280 24 747 YORK CROSSING BLVD ESQUIRE DR COVINGTON CROSS Local 55 DIST5 270 24 720 YORKTOWN BLVD. STARRY OSO CREEK BRDG(W) Arterial 55 DIST5 3000 20 6,667 YORKTOWN BLVD. OSO CREEK BRDG(W) OSO CREEK BRDG(E) Arterial 55 DIST5 975 20 2,167 SPMP -ALPHABETICAL LISTING Street From To Class PCI District Length Width Sy AARON COVE AARON DEAD END(E) Local 55 DISTS 675 24 1,800 AGNES ST. SHAWNEE PUEBLO Arterial 70 DIST1 340 61 2304 AGNES ST. PUEBLO TROPICAL Arterial 70 DIST1 150 61 1017 AGNES ST. TROPICAL HAVANA Arterial 70 DIST1 190 61 1288 AGNES ST. HAVANA OLD ROBSTOWN Arterial 70 DIST1 640 61 4338 AGNES ST. OLD ROBSTOWN BALDWIN Arterial 70 DIST1 1040 30 3467 AGNES ST. OLD ROBSTOWN BALDWIN Arterial 70 DIST3 1040 31 3582 AIRDOME ARISTOCRAT HELD Local 78 DIST4 260 36 1,040 AIRDOME WALDRON ARISTOCRAT Local 78 DIST4 950 36 3,800 ANGELA HORNE RD. BLOOMINGTON Collector 68 DIST3 1230 24 3280 ANGELA BLOOMINGTON VILLAREAL Collector 68 DIST3 1360 24 3627 ANGELA VILLAREAL WEST POINT Collector 70 DIST3 1355 24 3613 ANNETTE SPRING LAGUNA SHORE Local 55 DIST4 740 19 1,562 ANTARES JAMAICA CHARLOTTE Local 77 DIST4 750 24 2,000 ARCHER DEAD END N. SUNNYBROOK Local 55 DIST2 725 24 1933 ASH LOCK DR GRAND VIEW ST ROSE ST Local 69 DIST4 390 24 1,040 AVONDALE CORNELIA CIR.E WESTCHESTER Local 69 DIST1 850 24 2267 AZORES CARIBBEAN DEAD END S Local 71 DIST4 1200 24 3,200 AZTEC SEMINOLE BLAKE Local 56 DIST2 125 34 472 AZTEC OSAGE SEMINOLE Local 56 DIST2 250 34 944 BALBOA BALDWIN NAVAJO Local 72 DIST3 350 24 933 BALBOA NAVAJO SANTA ELENA Local 72 DIST3 250 24 667 BALBOA SANTA ELENA HIDALGO Local 72 DIST3 250 24 667 BALBOA HIDALGO MORGAN Local 72 DIST3 950 36 3800 BALDWIN AIRPORT RD. VERA CRUZ Arterial 55 DIST1 300 28 933 BALDWIN AIRPORT RD. VERA CRUZ Arterial 55 DIST3 311 29 1002 BALDWIN VERA CRUZ TORREON Arterial 55 DIST1 300 28 933 BALDWIN VERA CRUZ TORREON Arterial 55 DIST3 311 29 1002 BALDWIN TORREON CORTEZ Arterial 55 DIST1 300 28 933 BALDWIN TORREON CORTEZ Arterial 55 DIST3 311 29 1002 BALDWIN CORTEZ BALBOA Arterial 55 DIST1 450 28 1400 BALDWIN CORTEZ BALBOA Arterial 55 DIST3 450 29 1450 BALDWIN BALBOA PUEBLO Arterial 55 DIST1 325 29 1047 BALDWIN BALBOA PUEBLO Arterial 55 DIST3 325 29 1047 BALDWIN PUEBLO SHAWNEE Arterial 55 DIST1 340 29 1096 BALDWIN PUEBLO SHAWNEE Arterial 55 DIST3 340 29 1096 BALDWIN SHAWNEE HIAWATHA Arterial 55 DIST1 340 29 1096 BALDWIN SHAWNEE HIAWATHA Arterial 55 DIST3 340 29 1096 BALDWIN HIAWATHA VIRGINIA Arterial 55 DIST1 400 29 1289 BALDWIN HIAWATHA VIRGINIA Arterial 55 DIST3 400 29 1289 BALDWIN VIRGINIA CHEYENNE Arterial 55 DIST1 400 29 1289 BALDWIN VIRGINIA CHEYENNE Arterial 55 DIST2 400 29 1289 BALDWIN CHEYENNE MOHAWK Arterial 55 DIST1 425 29 1369 BALDWIN CHEYENNE MOHAWK Arterial 55 DIST2 425 29 1369 BALDWIN MOHAWK MORGAN Arterial 55 DIST1 150 29 483 BALDWIN MOHAWK MORGAN Arterial 55 DIST2 150 29 483 BEAR LN R R CROSSING JOE MIREUIR Arterial 55 DIST3 2172 22 5309 BEAR LN JUNIOR BECK HEINSOHN RD Arterial 55 DIST3 2474 20 5498 BIG DIPPER CANIS DR SILVER SANDS Local 56 DIST4 772 24 2,059 BIMINI BELMONT HIALEAH Local 52 DIST4 620 26 1,791 BIMINI HIALEAH CARIBBEAN Local 52 DIST4 280 26 809 SPMP -ALPHABETICAL LISTING Street From To Class PCI District Length Width Sy BIMINI CARIBBEAN DEAD END S Local 52 DIST4 1300 24 3,467 BOOTY SANTA FE FIFTH ST Local 70 DIST2 550 34 2078 BOOTY FIFTH ST SIXTH ST Local 70 DIST2 350 34 1322 BOOTY SIXTH ST SEVENTH ST Local 70 DIST2 350 34 1322 BOOTY SEVENTH ST STAPLES Local 70 DIST2 320 31 1102 BOOTY ALAMEDA TENTH Local 70 DIST2 354 29 1141 BOOTY TENTH ST BROWNLEE Local 70 DIST2 392 33 1437 BOOTY TENTH ST BROWNLEE Local 70 DIST2 392 33 1437 BRAESWOOD DR GLEN ARBOR CAIN DR Local 54 DIST3 250 24 667 BRAESWOOD DR WOODHAVEN GLEN ARBOR Local 54 DIST3 250 24 667 BRAESWOOD DR HOLLY RD WOODHAVEN Local 54 DIST3 160 24 427 BRAESWOOD DR CAIN DR TANGLEWOOD Local 54 DIST3 280 24 747 BRIGHT MORGAN REYNA Local 55 DIST1 550 24 1467 BUFORD TWENTY SECOND NINETEENTH Local 58 DIST1 900 24 2400 CAIN DR BURTON BETTY JEAN Local 71 DIST3 1335 24 3560 CAIN DR STAPLES BURTON Local 71 DIST3 1330 24 3547 CANIS DR STAR COVE BIG DIPPER Local 56 DIST4 267 24 712 CANIS DR BIG DIPPER SILVER SANDS Local 56 DIST4 263 24 701 CARTAGENA COVEWAY JAMAICA Local 56 DIST4 165 24 440 CARTAGENA E.CARTAGENA CIR COVEWAY Local 56 DIST4 251 24 669 CARTAGENA W.CARTAGENA CIR E.CARTAGENA CIR Local 56 DIST4 252 24 672 CARTAGENA CARTAGENA W.CARTAGENA CIR Local 56 DIST4 282 24 752 CARTAGENA CARTAGENA DEAD END Local 56 DIST4 125 24 333 CARTAGENA MEDITERRANEA VEGA Local 56 DIST4 1142 24 3,045 CARTAGENA VEGA CARTAGENA Local 56 DIST4 200 24 533 CATCAY CARIBBEAN DEAD END Local 76 DIST4 1150 24 3,067 CATHERWOOD DR HOLLISTER DR SAULT Local 71 DIST5 120 24 320 CATHERWOOD DR SAULT DEAD END E Local 71 DIST5 200 24 533 CATHERWOOD DR KRISTIN DR SEAMIST Local 71 DIST5 280 24 747 CATHERWOOD DR SEAMIST HOLLISTER DR Local 71 DIST5 150 24 400 CEDAR PASS DR GRANDJUNCTION HOLLY RIDGE Collector 56 DIST5 305 36 1,220 CEDAR PASS DR SUN VALLEY DR GRAND JUNCTION Collector 56 DIST5 988 36 3,952 CEDAR PASS DR HOLLY RIDGE ASPEN GROVE Collector 56 DIST5 252 36 1,008 CENIZO MUELLER LIVE OAK Local 54 DIST1 250 27 750 CHAMBERLAIN REIDDR ALAMEDAS Local 55 DIST2 750 24 2000 CHAMBERLAIN STAPLES S. SWANTNER Local 55 DIST2 1035 24 2760 CHAMBERLAIN SWANTNER REID DR Local 55 DIST2 895 24 2387 CLARIDE MILITARY N.A.S. DR. Local 72 DIST4 940 19 1,984 CLEAR BROOK BOSTON DR. SPRING BROOK Local 70 DIST5 765 24 2,040 CLEO MORGAN HEINLEY Local 56 DIST1 200 34 756 COKE BRENNAN MESTINA Local 72 DIST1 230 22 562 COKE LIPAN BRENNAN Local 72 DIST1 190 22 464 COKE COMANCHE LIPAN Local 72 DIST1 350 28 1089 SPMP -ALPHABETICAL LISTING Street From To Class PCI District Length Width Sy COKE HOWARD COMANCHE Local 72 DIST1 350 24 933 COKE MESTINA LEOPARD ST. Local 72 DIST1 350 20 778 COLUMBIA LOLITA HORNE RD Collector 55 DIST3 405 36 1620 COLUMBIA MENDOZA LOLITA Collector 55 DIST3 430 36 1720 COLUMBIA BLOOMINGTON MENDOZA Collector 55 DIST3 415 36 1660 COLUMBIA IMPERIALCIR BLOOMINGTON Collector 55 DIST3 288 24 768 COLUMBIA ROCKLAWN IMPERIAL CIR Collector 55 DIST3 301 24 803 COLUMBIA SAN RAFAELST ROCKLAWN Collector 55 DIST3 336 24 896 COLUMBIA CLOVER CIR SAN RAFAELST Collector 55 DIST3 285 24 760 COMANCHE PORT AVE. BLUNTZER Collector 69 DIST1 217 41 989 COMANCHE BLUNTZER PALM Collector 69 DIST1 803 41 3658 COMPTON RD WALDRON FIRST NATIONAL Collector 52 DIST4 1560 60 10,400 CORINTH MARS HILL JERICHO Local 71 DIST5 728 24 1,941 CORINTH EPHESUS CIR DAMASCUS CIR Local 71 DIST5 550 24 1,467 CORINTH DAMASCUS CIR JERUSALEM Local 71 DIST5 483 24 1,288 CORINTH JERUSALEM MARS HILL Local 71 DIST5 861 24 2,296 CORSAIR DR RODDFIELD RD BLUE ANGEL Local 71 DIST4 700 36 2,800 CRAPEMYRTLE LIPES SABAL Local 70 DIST5 469 24 1,251 CRAPEMYRTLE LAVENDER LIPES Local 70 DIST5 527 24 1,405 CRESTMONT DON PATRICIO DIVISION RD Local 70 DIST4 1330 18 2,660 CURTIS CLARK DR BURTON BETTY JEAN Local 55 DIST3 1320 24 3,520 CURTIS CLARK DR S STAPLES BURTON Local 55 DIST3 1325 24 3,533 DEL RIO DR OSO PKWY ODESSA DR Local 55 DIST5 742 24 1,979 DOLORES HIGHLAND CHIPPEWA Local 72 DIST1 350 24 933 DOLORES CHIPPEWA RUTH Local 72 DIST1 575 24 1533 DOLORES RUTH MARY Local 72 DIST1 870 24 2320 DOLORES MARY AGNES Local 72 DIST1 510 24 1360 DUNBARTON OAK DR PATTI DR SUDBURY DR Collector 74 DIST5 165 36 660 DUNBARTON OAK DR DURHAM DR EARNHART Collector 74 DIST5 765 36 3,060 EASY ST EASY CIR. DEAD END N. Local 55 DIST4 170 24 453 EASY ST WHITELEY EASY CIR. Local 55 DIST4 820 24 2,187 EIGHTEENTH ISABEL FIG Collector 68 DIST2 400 24 1067 EIGHTEENTH FIG MC KENZIE Collector 68 DIST2 360 24 960 EIGHTEENTH MC KENZIE ELIZABETH Collector 68 DIST2 870 24 2320 EIGHTEENTH ELIZABETH PRESCOTT Collector 68 DIST2 850 32 3022 ELIZABETH SECOND ST THIRD ST Collector 56 DIST2 350 44 1711 ELIZABETH THIRD SANTA FE Collector 56 DIST2 350 44 1711 ELIZABETH SANTA FE FIFTH ST Collector 56 DIST2 350 40 1556 ELVIRA BLOOMINGTON MENDOZA Local 68 DIST3 410 24 1093 ELVIRA MENDOZA LOLITA Local 68 DIST3 430 24 1147 ELVIRA LOLITA HORNE RD Local 68 DIST3 440 24 1173 ETHERIDGE DR GLEN ARBOR CAIN DR Local 70 DIST3 280 24 747 ETHERIDGE DR WOODHAVEN GLEN ARBOR Local 70 DIST3 250 24 667 ETHERIDGE DR HOLLY RD. WOODHAVEN Local 70 DIST3 165 24 440 ETHERIDGE DR CAIN DR TANGLEWOOD Local 70 DIST3 280 24 747 SPMP -ALPHABETICAL LISTING Street From To Class PCI District Length Width Sy ETHERIDGE DR TANGLEWOOD BONNER Local 70 DIST3 250 24 667 EVERHART RD. HOLLY RD SCHANEN Arterial 70 DIST3 480 29 1,547 EVERHART RD. HOLLY RD SCHANEN Arterial 70 DIST5 480 29 1,547 EVERHART RD. SCHANEN SHEA PKWY N. Arterial 70 DIST3 770 29 2,481 EVERHART RD. SCHANEN SHEA PKWY N. Arterial 70 DIST5 770 29 2,481 EVERHART RD. MAYO WOOLDRIDGE RD. Arterial 70 DIST3 260 29 838 EVERHART RD. MAYO WOOLDRIDGE RD. Arterial 70 DIST5 260 29 838 EVERHART RD. WOOLDRIDGE RD. GAYLE Arterial 70 DIST3 316 29 1,018 EVERHART RD. WOOLDRIDGE RD. GAYLE Arterial 70 DIST5 316 29 1,018 EVERHART RD. GAYLE DONEGAL Arterial 70 DIST3 300 20 667 EVERHART RD. GAYLE DONEGAL Arterial 70 DIST5 300 21 700 EVERHART RD. DONEGAL CONGRESSIONAL Arterial 70 DIST3 920 20 2,044 EVERHART RD. DONEGAL CONGRESSIONAL Arterial 70 DIST5 920 21 2,147 EVERHART RD. CONGRESSIONAL SARATOGA Arterial 70 DIST3 1630 20 3,622 EVERHART RD. CONGRESSIONAL SARATOGA Arterial 70 DIST5 1630 21 3,803 EVERHART RD. SHEA PKWY N. SHEA PKWY S. Arterial 70 DIST3 210 29 677 EVERHART RD. SHEA PKWY N. SHEA PKWY S. Arterial 70 DIST5 210 29 677 EVERHART RD. SHEA PKWY S. MAYO Arterial 70 DIST3 260 29 838 EVERHART RD. SHEA PKWY S. MAYO Arterial 70 DIST5 260 29 838 FAIRMONT FAIRFAX KENWOOD Local 70 DIST1 500 24 1333 FAIRMONT FAIRVIEW FAIRFAX Local 70 DIST1 525 24 1400 FAIRMONT WEST GATE LONGVIEW W Local 70 DIST1 600 26 1733 FAIRMONT LONGVIEW W FAIRVIEW Local 70 DIST1 325 24 867 FAWN CAROLYN WALDRON Local 56 DIST4 365 18 730 FAWN WALDRON CORA LEE Local 56 DIST4 435 18 870 FAWN PADRE ISLAND DR CAROLYN Local 56 DIST4 480 18 960 FRANCESCA RUTH MARY Local 69 DIST1 870 24 2320 FRANCESCA MARY AGNES Local 69 DIST1 470 24 1253 FRIO GREENWOOD LOS ROBLES Collector 71 DIST3 0 24 0 FRIO GREENWOOD LOS ROBLES Collector 71 DIST3 1215 24 3,240 GERSHWIN LN MEADOW BREEZE DORSEY ST Local 56 DIST5 0 24 0 GERSHWIN LN MEADOW BREEZE DORSEY ST Local 56 DIST5 933 24 2,488 GLEN ARBOR BRIARWOOD ETHERIDGE Local 56 DIST3 650 24 1,733 GLEN ARBOR ETHERIDGE BRAESWOOD Local 56 DIST3 720 24 1,920 GLENOAK DEAD END W. FLOUR BLUFF DR. Collector 73 DIST4 3968 12 5,291 GLORIA GUATEMOZIN VERA CRUZ Local 74 DIST3 375 24 1000 GOLD NUGGET KENTUCKY DERBY DEAD END S Local 55 DIST3 500 24 1,333 GOLIAD PORT AVE. LAMAR Local 74 DIST2 1000 24 2667 GOLLIHAR COTTAGE NICHOLSON Arterial 70 DIST2 350 60 2333 GOLLIHAR IVY LANE COTTAGE Arterial 70 DIST2 330 60 2200 GOLLIHAR NESBITT TOWNSEND Arterial 70 DIST2 270 60 1800 GOLLIHAR NESBITT TOWNSEND Arterial 70 DIST2 0 60 0 GOLLIHAR HOLLYWOOD NESBITT Arterial 70 DIST2 260 60 1733 GOLLIHAR ODEM HOLLYWOOD Arterial 70 DIST2 115 60 767 GOLLIHAR NICHOLSON ODEM Arterial 70 DIST2 485 60 3233 GOLLIHAR KOSTORYZ IVY LANE Arterial 70 DIST2 380 60 2533 GOLLIHAR GREENGROVE DEVON Arterial 70 DIST2 240 60 1600 GOLLIHAR DEVON BROOKDALE Arterial 70 DIST2 100 60 667 GOLLIHAR TOWNSEND GREENGROVE Arterial 70 DIST2 320 60 2133 GOLLIHAR BROOKDALE HELEN Arterial 70 DIST2 325 60 2167 GOLLIHAR HELEN EVELYN Arterial 70 DIST2 330 60 2200 GOLLIHAR EVELYN SPRING Arterial 70 DIST2 100 60 667 GOLLIHAR CARLTON KILGORE Arterial 70 DIST2 275 60 1833 GOLLIHAR SPRING CHRISTIE Arterial 70 DIST2 575 60 3833 SPMP -ALPHABETICAL LISTING Street From To Class PCI District Length Width Sy GOLLIHAR DINN CARLTON Arterial 70 DIST2 275 60 1833 GOLLIHAR KILGORE AYERS Arterial 70 DIST2 350 60 2333 GOLLIHAR CHRISTIE FLORENCE Arterial 70 DIST2 175 60 1167 GOLLIHAR NAPLES DINN Arterial 70 DIST2 275 60 1833 GOLLIHAR FLORENCE NAPLES Arterial 70 DIST2 150 60 1000 GRAHAM MEEKS FLOUR BLUFF DR. Collector 57 DIST4 1955 19 4,127 GRAND VIEW DR DEAD END W STANTON DR Local 68 DIST4 164 24 437 GUADALUPE NIAGARA ST PORT AVE. Local 56 DIST2 0 18 0 GUADALUPE SARITA NIAGARA ST Local 56 DIST2 720 18 1440 GULF STREAM MONMOUTH JAMAICA Local 52 DIST4 285 26 823 GULF STREAM PIMLICO MONMOUTH Local 52 DIST4 360 26 1,040 HALSEY MAC ARTHUR EISENHOWER Local 73 DIST2 950 24 2533 HARVARD GREENWOOD SHAW Local 71 DIST3 950 24 2533 HARVARD VITEMB VESTAL Local 71 DIST3 575 24 1533 HERRING YORKTOWN REX LANE Local 58 DIST4 1310 22 3,202 HERRING DEAD END N. YORKTOWN Local 58 DIST4 613 22 1,498 HIAWATHA AGNES LOU Local 70 DIST1 575 24 1533 HIAWATHA LOU PINE Local 70 DIST1 500 24 1333 HIAWATHA PINE HURON Local 70 DIST1 140 24 373 HICKEY DR. SHEA PKWY.E HIGGINS DR. Local 71 DIST3 600 24 1600 HOFFMAN AUSTIN TOPEKA Local 68 DIST2 320 30 1,067 HOFFMAN LAWNVIEW AUSTIN Local 68 DIST2 300 30 1,000 HOFFMAN TOPEKA ALAMEDA S. Local 68 DIST2 340 30 1,133 JERUSALEM SOUTH OSO PKWY NAZARETH Local 56 DIST5 346 25 961 JERUSALEM MT.ZOIN CORINTH Local 56 DIST5 584 25 1,622 JERUSALEM NAZARETH MT.ZOIN Local 56 DIST5 653 25 1,814 JESTER WASTEWATER PLT PARK Local 72 DIST4 615 19 1,298 JESTER MARZBACHER WASTEWATER PLT Local 72 DIST4 860 13 1,242 JESTER JANE MARZBACHER Local 72 DIST4 475 20 1,056 JESTER CARLETA JANE Local 76 DIST4 475 20 1,056 JESTER N.A.S.DR. CARLETA Local 76 DIST4 600 22 1,467 JOHANNA KOSTORYZ RD. BONHAM ST. Local 70 DIST3 882 24 2352 KAZIMIR DR STROM RD PURDUE RD Local 71 DIST4 503 24 1,341 KILLARMET KILLARMET CIR.E DONEGAL Local 71 DIST3 300 36 1,200 KILLARMET DONEGAL CARLOW Local 71 DIST3 0 36 0 KILLARMET DONEGAL CARLOW Local 71 DIST3 300 36 1,200 KILLARMET CARLOW KILLARMET CIR.W Local 71 DIST3 350 36 1,400 KILLARMET ESSEX HIGGINS Local 71 DIST3 255 36 1020 KILLARMET KILLARMET CIR.W ESSEX Local 71 DIST3 280 36 1120 KILLARMET SHEA PKWY.E SHEA PKWY.W Local 71 DIST3 180 24 480 KILLARMET HIGGINS SHEA PKWY.E Local 71 DIST3 555 36 2220 KINGSHIRE OSO PKWY QUEENSBOROUGH Local 56 DIST5 261 24 696 KINGSHIRE LADY DIANA CT CHICAGO DR Local 56 DIST5 101 24 269 KINGSHIRE KNIGHTS CIR LADY DIANA CT Local 56 DIST5 412 24 1,099 KINGSHIRE QUEENSBOROUGH KNIGHTS CIR Local 56 DIST5 190 24 507 KNICKERBOCKER LAGUNA SHORE STEWART Local 56 DIST4 350 20 778 KNICKERBOCKER STEWART DEAD END E. Local 58 DIST4 175 20 389 KOKERNOT MORGAN HOSPITAL Local 73 DIST1 350 38 1478 LAKESIDE CORA LEE WALDRONRD Local 69 DIST4 730 20 1,622 LAKESIDE WALDRON RD. N.A.S.DR. Local 69 DIST4 270 20 600 LAKE SIDE LAKE SIDE E RECREATION Local 69 DIST4 215 20 478 LAKESIDE RECREATION ADMIRAL Local 69 DIST4 350 20 778 LAKESIDE ADMIRAL MOUNTS Local 69 DIST4 750 20 1,667 LAKESIDE MOUNTS CORA LEE Local 69 DIST4 535 20 1,189 SPMP -ALPHABETICAL LISTING Street From To Class PCI District Length Width Sy LAKESIDE CORA LEE WALDRONRD Local 69 DIST4 730 20 1,622 LAKESIDE WALDRON RD. N.A.S.DR. Local 69 DIST4 270 20 600 LEOPARD S NUECES BAY OLD ROBSTOWN RD Arterial 70 DIST1 550 44 2689 LEOPARD S OLD ROBSTOWN RD OLIVER CT Arterial 70 DIST1 200 34 756 LEOPARD S OLIVER CT UP RIVER RD. Arterial 70 DIST1 1200 34 4533 LESLIE JOLENE JOLIET Local 54 DIST3 550 24 1,467 LESLIE JOLIET WILLIAMS Local 54 DIST3 775 24 2,067 LIPAN ST. PALM DR. PORT AVE. Collector 55 DIST1 1325 37 5447 LIPAN ST. PORT AVE. NINETEENTH Collector 55 DIST1 1450 37 5961 LOLITA THERESA ELVIRA Local 71 DIST3 1360 24 3627 LOLITA COLUMBIA THERESA Local 71 DIST3 1200 24 3200 LONGVIEW EAST FAIRMONT LONGVIEW W. Local 73 DIST1 665 28 2069 LOU ST. VIRGINA HIAWATHA Local 54 DIST1 325 24 867 LOU ST. MOHAWK CHEYENNE Local 54 DIST1 350 24 933 MANDY TANGLEWOOD LUCINDA LN Local 55 DIST3 730 24 1,947 MANITOBA DEAD END N. SELKIRK Local 54 DIST4 200 24 533 MANITOBA SELKIRK ONTARIO Local 54 DIST4 284 24 757 MANITOBA ONTARIO WINNIPEG Local 54 DIST4 334 24 891 MARINERS DR S.H.361 DEAD END(E) Local 71 DIST4 1267 36 5,068 MARLIN ST. YORKTOWN BLVD. REX LANE Local 69 DIST4 1310 21 3,057 MASON CONCHO DEAD END E Local 71 DIST1 177 24 472 MASON COMAL CONCHO Local 71 DIST1 816 24 2176 MATLOCK BEHMANN REDMOND Collector 77 DIST4 320 24 853 MATLOCK STONE TALMADGE Collector 78 DIST4 935 24 2,493 MATLOCK MILITARY GERTRUDE Collector 78 DIST4 203 24 541 MATLOCK MILITARY GERTRUDE Collector 78 DIST4 203 24 541 MATLOCK MC IVER BEHMANN Collector 77 DIST4 360 21 840 MATLOCK GREEN BAY MC IVER Collector 77 DIST4 320 21 747 MC KENZIE ST TENTH ST ALAMEDA Collector 68 DIST2 340 36 1360 MC KENZIE ST BROWNLEE TENTH ST Collector 68 DIST2 315 36 1260 MEADOW HEIGHTS MEADOW GROVE MEADOW LIGHT Local 56 DIST5 260 24 693 MEADOW HEIGHTS MEADOW VIEW MEADOW GROVE Local 56 DIST5 260 24 693 MILAM DR SOKOL DR BEXAR DR Local 71 DIST3 503 24 1341 MISSION LAKE CANTERATR. D.E. Local 68 DIST4 335 24 893 MONTECITA LONG CIR. LONGMEADOW Local 55 DIST5 750 28 2,333 MONTECITA SARATOGA RD. MEADOW CIR. Local 55 DIST5 490 28 1,524 MONTECITA MEADOW CIR. LONG CIR. Local 55 DIST5 380 28 1,182 MULLIGAN DELSTARR KILLARMET Local 56 DIST3 1090 24 2,907 NANDINA MUELLER MIMOSA Local 55 DIST1 150 24 400 NANDINA MIMOSA BUDDY LAWRENCE Local 55 DIST1 0 24 0 NANDINA MIMOSA BUDDY LAWRENCE Local 55 DIST1 850 24 2267 NIAGARA SONORA BALDWIN Local 55 DIST2 675 24 1800 NIAGARA BALDWIN FRANCIS Local 55 DIST1 450 24 1200 NIAGARA FRANCIS BRANNAN Local 55 DIST1 450 24 1200 NIAGARA SEGREST HEADLEY Local 55 DIST1 350 24 933 NIAGARA BRANNAN SEGREST Local 55 DIST1 350 24 933 NIAGARA HEINLEY NINETEENTH Local 55 DIST1 550 24 1467 NIAGARA HEADLEY HEINLEY Local 55 DIST1 350 24 933 NICOLE COURT GRACIELA DR DEAD END N Local 55 DIST3 344 24 917 NILE DR. PHARAOH ASWAN Collector 78 DIST4 1350 36 5,400 NILE DR. PHARAOH ASWAN Collector 78 DIST4 0 36 0 NILE DR. ASWAN MC ARDLE Collector 78 DIST4 650 36 2,600 NINETEENTH MORGAN AVE HOSPITAL Collector 55 DIST1 350 36 1400 NINETEENTH HOSPITAL CRAIG Collector 55 DIST1 200 36 800 SPMP -ALPHABETICAL LISTING Street From To Class PCI District Length Width Sy NINETEENTH CRAIG BUFORD Collector 55 DIST1 425 37 1747 OSAGE DEAD END S. AZTEC Local 74 DIST2 325 24 867 OSAGE AZTEC BALDWIN Local 74 DIST2 900 36 3600 OSAGE BALDWIN MORGAN Local 68 DIST1 200 22 489 OTTAWA Cl R. QUEBEC DEAD END Local 70 DIST4 435 24 1,160 PADRE ISLAND SR HEADSAIL JACKFISH Local 68 DIST4 1600 24 4,267 PINEWOOD WILLIAMS DR HANLEY Local 71 DIST5 800 24 2,133 PORT S SAN JACINTO SONORA Arterial 70 DIST2 300 73 2433 PORT S SONORA ALAMO Arterial 70 DIST2 375 73 3042 PORTS ALAMO BALDWIN Arterial 70 DIST2 350 73 2839 PRAIRIE DR CEDAR PASS DR DELWOOD ST Local 55 DIST5 370 36 1,480 PRAIRIE DR DELWOOD LAKE MEDINA Local 55 DIST5 860 36 3,440 PRAIRIE DR ELM HURST LN CEDAR PASS DR Local 55 DIST5 230 36 920 REID DR. HARRISON RALSTON Local 56 DIST2 360 34 1360 REID DR. TEXAS INDIANA Local 56 DIST2 425 25 1181 REID DR. RALSTON TEXAS Local 56 DIST2 350 34 1322 REID DR. INDIANA ALAMEDAS. Local 56 DIST2 275 34 1039 REYNA SABINAS ESPINOSA Local 57 DIST1 225 24 600 S COUNTRY CLUB UP RIVER RD INTERSTATE 37 Local 68 DIST1 340 40 1511 SABINAS TARLTON DUNBAR Local 59 DIST2 650 24 1733 SABINAS DUNBAR EASLEY Local 59 DIST2 650 24 1733 SABINAS EASLEY SONORA Local 59 DIST2 650 24 1733 SABINAS SONORA BALDWIN Local 59 DIST2 650 24 1733 SANDERS DR COODY ACUSHNET Collector 68 DIST5 250 36 1,000 SANDERS DR HOGAN COODY Collector 68 DIST5 250 36 1,000 SANDERS DR SNEAD HOGAN Collector 68 DIST5 250 36 1,000 SANDERS DR GRANDJUNCTION SNEAD Collector 68 DIST5 630 36 2,520 SANDY OAKS ISLANDER SANTANA Local 71 DIST4 300 24 800 SANDY OAKS NEWPORT ISLANDER Local 64 DIST4 315 24 840 SANDY OAKS SANTANA WALDRON RD. Local 71 DIST4 235 24 627 SANDY OAKS SANTANA WALDRON RD. Local 71 DIST4 235 24 627 SANTANA NEWPORT ISLANDER Local 79 DIST4 310 24 827 SANTANA CAPRICE NEWPORT Local 79 DIST4 295 24 787 SANTANA SANTANA SANDY OAKS Local 78 DIST4 400 24 1,067 SANTANA ISLANDER SANTANA Local 78 DIST4 305 24 813 SCOTLAND N.A.S.DR. MILITARY Local 71 DIST4 1010 19 2,132 SILVER SANDS BIG DIPPER DAWN BREEZE Local 55 DIST4 342 24 912 SIXTEENTH DEAD END N LAREDO Local 69 DIST1 250 16 444 SIXTEENTH LAREDO AGNES Local 69 DIST1 300 38 1267 SKINNER RAMONA VALDEZ Local 54 DIST3 250 24 667 SKINNER JOSE RAMONA Local 54 DIST3 250 24 667 SKIPPER ANCHOR AVIATION Local 52 DIST4 390 19 823 SKIPPER MERZBACHER CARLETA Local 52 DIST4 950 19 2,006 SKIPPER N.A.S.DR. ANCHOR Local 52 DIST4 471 19 994 SKIPPER LAGUNA MADRE MERZBACHER Local 52 DIST4 975 19 2,058 SKIPPER CARLETA N.A.S.DR. Local 52 DIST4 600 19 1,267 SOTO COQUINA BAY SEA PINES Local 71 DIST4 270 24 720 SOUTHERN THIRD SANTA FE Local 70 DIST2 285 24 760 SOUTHERN SANTA FE LAWNVIEW Local 70 DIST2 650 24 1733 SOUTHERN OCEAN DR THIRD Local 70 DIST2 840 24 2240 SPOHN SOUTH SARATOGA SPOHN DR Collector 68 DIST5 910 44 4,449 ST. JOSEPH ST.MARTIN GLENOAK Local 53 DIST4 762 36 3,048 ST.FRANCIS ST.BENDICT CT. ST.ANTHONY PL. Collector 78 DIST4 234 36 936 ST.FRANCIS ST.ANTHONY PL. ST.PETER Collector 78 DIST4 237 36 948 SPMP -ALPHABETICAL LISTING Street From To Class PCI District Length Width Sy ST.FRANCIS ST.COLUMBAN PL. ST.BEN EDICT CT. Collector 78 DIST4 234 36 936 ST.FRANCIS ST.DOMINIC CT. ST.COLUMBAN PL. Collector 78 DIST4 234 36 936 ST.FRANCIS ST.PHILLIP CT. ST.DOMINIC CT. Collector 78 DIST4 234 36 936 ST.JOSEPH ST.PAUL CIR ST.MARTIN Local 53 DIST4 260 36 1,040 ST.JOSEPH ST.PETER ST.PAUL CIR. Local 53 DIST4 265 36 1,060 STANTON DR GRAND VIEW ST ROSE ST Local 70 DIST4 390 24 1,040 STONE PADRE ISLAND DR O'NEILL Local 55 DIST4 910 19 1,921 SUN VALLEY DR LAKE TAHOE DR BEAVER CREEK DR Collector 56 DIST5 281 36 1,124 SUN VALLEY DR BEAVER CREEK DR WOLF CREEK DR Collector 56 DIST5 120 36 480 SUN VALLEY DR SNOWMASS ST SNOWBIRD ST Collector 56 DIST5 250 36 1,000 SUN VALLEY DR AARON ELDORA DR Collector 56 DIST5 281 36 1,124 TALMADGE DEMA PADRE ISLAND DR Local 72 DIST4 425 19 897 THUNDER BAY CT. TORONTO QUEBEC Local 70 DIST5 0 24 0 THUNDER BAY CT. TORONTO QUEBEC Local 70 DIST5 847 24 2,259 TIGER LN FLYNN PKWY. OAKHURST DR Collector 70 DIST3 2720 44 13,298 TIGER LN OAKHURST DR WEBER RD. Collector 70 DIST3 0 44 0 VANCOUVER DR VOISIN DR CANADIAN DR Local 55 DIST4 625 24 1,667 VANCOUVER DR QUEBEC VOISIN DR Local 55 DIST4 525 24 1,400 VEGA DR CARTAGENA MEADOWRIDGE Local 77 DIST4 230 24 613 VEGA DR CHARLOTTE CARTAGENA Local 77 DIST4 238 24 635 VEGA DR MEADOWRIDGE CELON Local 77 DIST4 307 24 819 VICTORIA PARK QUEBEC OSO PARKWAY DR. Collector 68 DIST4 954 36 3,816 WALDRON RD CLARIDE LAKESIDE Arterial 55 DIST4 320 46 1,636 WALDRON RD LAKESIDE FAWN Arterial 55 DIST4 630 46 3,220 WALDRON RD N.A.S.DR. WEBB Arterial 55 DIST4 100 46 511 WALDRON RD FAWN PADRE ISLAND DR Arterial 55 DIST4 560 46 2,862 WEBB NAS DR MILITARY Local 68 DIST4 600 19 1,267 WEBER RD BARNES PYLE Arterial 70 DIST2 345 57 2185 WEBER RD BRADFORD LAMONT Arterial 70 DIST2 305 57 1932 WEBER RD PYLE BRADFORD Arterial 70 DIST2 315 57 1995 WEBER RD GOLLIHAR BARNES Arterial 70 DIST2 520 57 3293 WEBER RD LAMONT MARION CIR Arterial 70 DIST2 290 57 1837 WEBER RD LINCOLN CIR TERRACE CIR Arterial 70 DIST2 330 57 2090 WEBER RD MARION CIR LINCOLN CIR Arterial 70 DIST2 265 57 1678 WEBER RD TERRACE CIR MC ARDLE RD Arterial 70 DIST2 285 57 1805 WEBER RD LINDEN GOLLIHAR Arterial 70 DIST2 540 57 3420 WESTRIDGE BLVD GRAHAM RD DEAD END Local 71 DIST4 525 24 1,400 WESTRIDGE BLVD(E) GRAHAM RD DEAD END Local 71 DIST4 685 22 1,674 WESTRIDGE BLVD(W) GRAHAM RD DEAD END Local 71 DIST4 710 22 1,736 WHITELEY THELMA DEAD END E. Local 78 DIST4 2175 22 5,317 WINDBROOK RODDFIELD RD BROOKEDGE Local 71 DIST5 350 36 1,400 WINDBROOK BROOKEDGE WOODWAY Local 71 DIST5 800 24 2,133 WINNIPEG MANITOBA RETTA Local 56 DIST4 684 24 1,824 WOODHAVEN ETHERIDGE BRIARWOOD Local 70 DIST3 720 24 1920 WOODHAVEN BRAESWOOD ETHERIDGE Local 70 DIST3 650 24 1733 WOODWAY DR BROOKEDGE WINDBROOK LN Collector 56 DIST5 305 24 813 YOLANDA VILLAREAL BLOOMINGTON Local 56 DIST3 1360 24 3,627 YORK CROSSING BLVD KETTLESING CT KEIGHLEY CROSSING DR Local 55 DIST5 264 24 704 YORK CROSSING BLVD ACCRINGTON CT KETTLESING CT Local 55 DIST5 269 24 717 YORK CROSSING BLVD ANN EMASSE ST ACCRINGTON CT Local 55 DIST5 264 24 704 YORK CROSSING BLVD GIBRALTAR DR ANN EMASSE ST Local 55 DIST5 280 24 747 YORK CROSSING BLVD ESQUIRE DR COVINGTON CROSS Local 55 DIST5 270 24 720 YORKTOWN BLVD. OSO CREEK BRDG(E) ROSCHER RD Arterial 75 DIST4 1355 24 3,613 YORKTOWN BLVD. ROSCHER RD JOE ED(PVT) Arterial 78 DIST4 1045 24 2,787 SPMP -ALPHABETICAL LISTING Street From To Class PCI District Length Width Sy YORKTOWN BLVD. JOE ED(PVT) BERLET Arterial 78 DIST4 260 24 693 YORKTOWN BLVD. BERLET WALKING OAKES Arterial 78 DIST4 360 24 960 YORKTOWN BLVD. WALKING OAKS SCARLET OAK Arterial 78 DIST4 975 24 2,600 YORKTOWN BLVD. SCARLET OAK FLOUR BLUFF DR Arterial 78 DIST4 2630 24 7,013 YORKTOWN BLVD. STARRY OSO CREEK BRDG(W) Arterial 55 DIST5 3000 20 6,667 YORKTOWN BLVD. OSO CREEK BRDG(W) OSO CREEK BRDG(E) Arterial 55 DIST5 975 20 2,167 SPMP -LISTING OF STREETS REMOVED FROM YEAR ONE AND ADDED TO YEAR TWO Street From To Class PCI District Length Width SY CENIZO LIVE OAK UP RIVER RD Local 54 DIST1 875 16 1556 CENIZO INTERSTATE 37 MUELLER Local 54 DIST1 60 18 120 CORTEZ LOU ST. PINE Local 54 DIST1 430 24 1147 CORTEZ LOU ST. LOU ST. Local 54 DIST1 100 24 267 CORTEZ PINE GALVAN Local 54 DIST1 275 24 733 CORTEZ GALVAN BALDWIN Local 54 DIST1 325 24 867 DRISCOLL DR NAYLOR N AGNES Local 56 DIST1 850 34 3211 DRISCOLL DR NAYLOR N AGNES Local 56 DIST1 0 34 0 HURON OSAGE MOHAWK Local 53 DIST1 350 24 933 HURON MOHAWK CHEYENNE Local 53 DIST1 350 24 933 HURON CHEYENNE VIRGINIA Local 53 DIST1 350 24 933 HURON VIRGINIA HIAWATHA Local 53 DIST1 325 24 867 LEOPARD ST. BATTLIN BUC PIERPONT Arterial 55 DIST1 650 60 4333 LEOPARD ST. PIERPONT ROSE ST. Arterial 55 DIST1 300 60 2000 LEOPARD ST. ROSE ST. LILY ST. Arterial 55 DIST1 350 60 2333 LEOPARD ST. LILY ST. TULIP ST. Arterial 55 DIST1 350 60 2333 LESTER INTERSTATE 37 LEOPARD ST. Local 56 DIST1 325 29 1047 LOU ST. OSAGE MOHAWK Local 54 DIST1 350 24 933 NUECES BAY HULBIRT KOEPKE Local 57 DIST1 355 48 1893 NUECES BAY NOAKES HULBIRT Local 57 DIST1 355 48 1893 NUECES BAY MARTIN L. KING NOAKES Local 57 DIST1 325 48 1733 NUECES BAY KOEPKE MINTON Local 57 DIST1 345 48 1840 NUECES BAY MINTON MOORE Local 57 DIST1 355 48 1893 OLIVER CT. UP RIVER RD. LEOPARD ST. Local 56 DIST1 500 28 1556 OLIVER CT. LEOPARD ST. DEAD END N. Local 57 DIST1 255 36 1020 REYNA ESPINOSA DEAD END(W) Local 57 DIST1 100 24 267 REYNA BRIGHT ELGIN Local 57 DIST1 300 24 800 REYNA GREENWOOD BRIGHT Local 57 DIST1 225 24 600 REYNA ELGIN VERBENA Local 57 DIST1 225 24 600 REYNA VERBENA SABINAS Local 57 DIST1 250 24 667 VIRGINIA BALDWIN NAVAJO Collector 56 DIST1 160 24 427 VIRGINIA NAVAJO CHIPPEWA Collector 56 DIST1 650 24 1733 AZTEC CHEYENNE MOHAWK Local 56 DIST2 330 24 880 AZTEC MOHAWK OSAGE Local 56 DIST2 300 24 800 CHEYENNE AZTEC TARLTON Collector 58 DIST2 1636 24 4363 ELIZABETH ALAMEDA S TENTH Local 56 DIST2 350 37 1439 GUADALUPE CARVER ELGIN Local 56 DIST2 740 24 1973 GUADALUPE CARVER ELGIN Local 56 DIST2 0 24 0 GUADALUPE EISENHOWER MAC ARTHUR Local 56 DIST2 950 24 2533 GUADALUPE EISENHOWER MAC ARTHUR Local 56 DIST2 0 24 0 LAMAR BALDWIN ALAMO Local 57 DIST2 325 24 867 LAMAR ALAMO SONORA Local 57 DIST2 325 24 867 LAMAR SONORA SAN JACINTO Local 57 DIST2 275 24 733 LAMAR SAN JACINTO GOLIAD Local 57 DIST2 250 24 667 VIRGINIA MORGAN BALDWIN Collector 56 DIST2 700 12 933 BEAR LN JUNIOR BECK HEINSOHN RD Arterial 55 DIST3 0 20 0 BEAR LN PADRE ISLAND DR JUNIOR BECK Arterial 55 DIST3 584 20 1298 BEAR LN HEINSOHN RD R R CROSSING Arterial 55 DIST3 431 20 958 CORTEZ BALDWIN CARMEN Local 54 DIST3 300 24 800 CORTEZ CARMEN NAVAJO Local 54 DIST3 250 24 667 POST BEECHCRAFT RYAN Local 59 DIST3 800 28 2489 POST RYAN FAIRCHILD Local 59 DIST3 300 28 933 POST FAIRCHILD CUB Local 59 DIST3 300 28 933 POST CUB LOCKHEED Local 59 DIST3 300 28 933 VIRGINIA MORGAN BALDWIN Collector 56 DIST3 700 12 933 WALDRON RD WEBB CLARIDE Arterial 55 DIST4 320 46 1,636 City Arterial Street Street From Street To Class Seal Length Width SY $8/SY SG EMS LEOPARD N TULOSO RD CLARKWOOD Arterial 1999 4280 26 12,364 $ 98,916 75 DIST1 LEOPARD N CLARKWOOD RD RAND MORGAN Arterial 1999 4200 26 12,133 $ 97,067 75 DIST1 LEOPARD N SUNTIDE RD TULOSO RD Arterial 1999 1320 26 3,813 $ 30,507 75 DIST1 HOLLY RD GREENWOOD LOS ROBLES Arterial 1993 1359 21 3,171 $ 25,368 70 DIST3 ALAMEDA S ENNIS JOSLIN CARSON Arterial 1989 225 56 1,400 $ 11,200 70 DIST4 ALAMEDA S CARSON COUNTRY CLUB Arterial 1989 0 56 0 $ - 70 DIST4 ALAMEDA S COUNTRY CLUB WAVERLY Arterial 1989 1350 56 8,400 $ 67,200 70 DIST4 ALAMEDA S COUNTRY CLUB WAVERLY Arterial 1989 0 56 0 $ - 70 DIST4 ALAMEDAS WAVERLY GLENMORE Arterial 1989 650 56 4,044 $ 32,356 70 DIST4 AIRLINE WOOLDRIDGE RD. BIRMINGHAM Arterial 2002 715 58 4,608 $ 36,862 75 DIST5 AIRLINE BIRMINGHAM MISTY MEADOW Arterial 2002 170 58 1,096 $ 8,764 75 DIST5 AIRLINE MISTY MEADOW LYONS Arterial 2002 180 58 1,160 $ 9,280 75 DIST5 AIRLINE LYONS WILDROCK Arterial 2002 730 58 4,704 $ 37,636 75 DIST5 AIRLINE LYONS WILDROCK Arterial 2002 0 58 0 $ - 75 DIST5 AIRLINE WILDROCK MEADOW VISTA Arterial 2002 120 58 773 $ 6,187 75 DIST5 AIRLINE MEADOW VISTA HOLLY RD Arterial 2002 1060 58 6,831 $ 54,649 75 DIST5 Collector Street Street From Street To Class Seal Length Width SY $8/SY SG EMS PEARL SHORELINE N SURFSIDE Collector 1974 370 25 1,028 $ 8,222 73 DIST1 SURFSIDE GOLF PL KLEBERG Collector 0 220 22 538 $ 4,302 75 DIST1 SURFSIDE KLEBERG PAULPL Collector 0 220 22 538 $ 4,302 75 DIST1 SURFSIDE PAULPL HOTELPLS Collector 0 220 22 538 $ 4,302 75 DIST1 SURFSIDE HOTEL PL BREAKER Collector 0 440 22 1,076 $ 8,604 75 DIST1 SURFSIDE BREAKER DICKINSON Collector 0 148 29 477 $ 3,815 75 DIST1 SURFSIDE DICKINSON BUSHICK Collector 0 225 29 725 $ 5,800 75 DIST1 SURFSIDE BUSHICK SURFSIDE S Collector 0 250 38 1,056 $ 8,444 75 DIST1 SURFSIDE BUSHICK SURFSIDE S Collector 0 0 38 0 $ - 75 DIST1 SURFSIDE BUSHICK SURFSIDE S Collector 0 0 38 0 $ - 75 DIST1 SURFSIDE E. ELM ST. BREAKWATER Collector 1990 1110 30 3,700 $ 29,600 72 DIST1 HEARN RD BICKHAM RUSHING BLVD Collector 2001 2640 25 7,333 $ 58,667 69 DIST1 UP RIVER RD TULOSO RD. RENFROW Collector 0 370 20 822 $ 6,578 72 DIST1 UP RIVER RD TULOSO RD. RENFROW Collector 0 760 20 1,689 $ 13,511 72 DIST1 UP RIVER RD TULOSO RD. RENFROW Collector 0 925 20 2,056 $ 16,444 72 DIST1 UP RIVER RD TULOSO RD. RENFROW Collector 0 905 20 2,011 $ 16,089 72 DIST1 TIMON BLVD. GULFSPRAY NEAL Collector 2003 360 22 880 $ 7,040 71 DIST1 TIMON BLVD. NEAL HAYES Collector 2003 360 22 880 $ 7,040 71 DIST1 TIMON BLVD. HAYES BEACH Collector 2003 360 22 880 $ 7,040 71 DIST1 TIMON BLVD. BEACH REEF Collector 2003 360 22 880 $ 7,040 71 DIST1 TIMON BLVD. REEF GULDEN Collector 2003 350 22 856 $ 6,844 71 DIST1 TIMON BLVD. GULDEN SANDBAR Collector 2003 350 22 856 $ 6,844 71 DIST1 WEST POINT PADRE ISLAND DR BUSH Collector 1994 575 25 1,597 $ 12,778 68 DIST3 WEST POINT FRIENDSHIP ST MOLINA Collector 2005 500 41 2,278 $ 18,222 68 DIST3 WEST POINT FRIENDSHIP ST MOLINA Collector 2005 0 41 0 $ - 68 DIST3 FLOUR BLUFF DR. PADRE ISLAND DR MATLOCK Collector 1998 1295 60 8,633 $ 69,067 74 DIST4 FLOUR BLUFF DR. PADRE ISLAND DR MATLOCK Collector 1998 0 60 0 $ - 74 DIST4 FLOUR BLUFF DR. MATLOCK SUNBIRD Collector 1998 645 60 4,300 $ 34,400 74 DIST4 FLOUR BLUFF DR. MATLOCK SUNBIRD Collector 1998 0 60 0 $ - 74 DIST4 FLOUR BLUFF DR. SUNBIRD JESTER Collector 1998 760 60 5,067 $ 40,533 74 DIST4 MATLOCK TALMADGE GREEN BAY Collector 1992 240 18 480 $ 3,840 77 DIST4 MATLOCK GREEN BAY MC IVER Collector 1992 320 21 747 $ 5,973 77 DIST4 MATLOCK MC IVER BEHMANN Collector 1992 360 21 840 $ 6,720 77 DIST4 MATLOCK BEHMANN REDMOND Collector 1992 320 24 853 $ 6,827 77 DIST4 MATLOCK REDMOND WEAVER Collector 1992 400 24 1,067 $ 8,533 77 DIST4 MATLOCK WEAVER MC DONALD Collector 1992 320 24 853 $ 6,827 69 DIST4 MATLOCK MC DONALD FLOUR BLUFF DR. Collector 1992 240 24 640 $ 5,120 69 DIST4 WOOLDRIDGE N SR LOST CREEK STAPLES Collector 2003 420 18 840 $ 6,720 68 DIST5 KODIAK DR. CIMARRON BLVD. HAWK DR. Collector 2003 455 36 1,820 $ 14,560. 67'.. DIST5 KODIAK DR. HAWK DR. FALCON DR. Collector 1992 160 36 640 $ 5,120. 67'.. DIST5 KODIAK DR. FALCON DR. ELK DR. Collector 1992 230 36 920 $ 7,360 67........... DIST5 KODIAK DR. ELK DR. GRIZZLEY DR. Collector 1992 230 36 920 $ 7,360 67........... DIST5 KODIAK DR. GRIZZLEY DR. CARIBOU DR. Collector 1992 230 36 920 $ 7,360 67........... DIST5 KODIAK DR. CARIBOU DR. IMPALA DR. Collector 1992 230 36 920 $ 7,360. 67'.. DIST5 KODIAK DR. IMPALA DR. WOLVERINE DR. Collector 1992 230 36 920 $ 7,360. 67'.. DIST5 CIMARRON BLVD. YORKTOWN BLVD BRINE ST Collector 1992 1225 42 5,717 $ 45,733 75........... DIST5 CIMARRON BLVD. BRINE ST GRENOBLE-BISON Collector 1992 950 42 4,433 $ 35,467 75'.. DIST5 CIMARRON BLVD. GRENOBLE-BISON MOOSE Collector 2008 1090 22 2,664 $ 21,316 75'.. DIST5 CIMARRON BLVD. GRENOBLE-BISON MOOSE Collector 2008 0 22 0 $ - 75'.. DIST5 CIMARRON BLVD. MOOSE FUMAY ST Collector 2008 0 22 0 $ - 75'.. DIST5 CIMARRON BLVD. FUMAY ST BOBCAT Collector 2008 2625 22 6,417 $ 51,333 75'.. DIST5 CIMARRON BLVD. BOBCAT KODIAK Collector 2008 0 22 0 $ 75. DIST5 CIMARRON BLVD. KODIAK BAUER Collector 2008 0 22 0 $ 75. DIST5 CIMARRON BLVD. BAUER SAMBA Collector 2008 0 22 0 $ 75. DIST5 CIMARRON BLVD. SAMBA LENS DR Collector 2008 0 22 0 $ 75. DIST5 CIMARRON BLVD. LENS DR PICANTE Collector 0000 90 22 220 $ 1,760 72'. DIST5 CIMARRON BLVD. LENS DR PICANTE Collector 0000 90 22 220 $ 1,760 72'. DIST5 CIMARRON BLVD. PICANTE LEGACY POINT Collector 0000 90 22 220 $ 1,760 72'. DIST5 CIMARRON BLVD. PICANTE LEGACY POINT Collector 0000 90 22 220 $ 1,760 72'. DIST5 Local Street Street From Street To Class Seal Length Width Sy $8/SY SG EMS SUNTIDE RD UP RIVER RD LAKEVIEW CIR Local 1988 1300 22 3,178 $ 25,422 72 DIST1 TIMBERLINE DR. TULOSO RD. SNOWLILY Local 2001 290 24 773 $ 6,187 69 DIST1 TIMBERLINE DR. TULOSO RD. SNOWLILY Local 2001 680 24 1,813 $ 14,507 69 DIST1 TIMBERLINE DR. SNOWLILY TIMBERLINE CIR. Local 2001 145 24 387 $ 3,093 69 DIST1 TIMBERLINE DR. TIMBERLINE CIR. SNOWRIDGE CIR. Local 2001 288 24 768 $ 6,144 69 DIST1 TIMBERLINE DR. SNOWRIDGE CIR. PIKES PEAK DR. Local 2001 164 24 437 $ 3,499 69 DIST1 TIMBERLINE DR. PIKES PEAK DR. BOULDER CIR. Local 2001 145 24 387 $ 3,093 69 DIST1 TIMBERLINE DR. BOULDER CIR. DEAD END W Local 2001 111 24 296 $ 2,368 69 DIST1 SUNTIDE RD LAKEVIEW CIR CITY LIMITS Local 1988 1150 22 2,811 $ 22,489 72 DIST1 BROOKHILL COUNTRYSIDE CIR SHELTON DR Local 1997 0 24 0 $ - 73 DIST1 HAVEN RD. WIDGEON VIOLET RD. Local 2003 2065 21 4,818 $ 38,547 72 DIST1 FONTANA AVE. WIRT AVE DUNSTAIN Local 2001 260 24 693 $ 5,547 73 DIST1 RAIN MIST MOONBEAM EVENING STAR Local 1993 261 24 696 $ 5,568 72 DIST1 FONTANA AVE. LOTT AVE WIRT AVE Local 2001 515 24 1,373 $ 10,987 73 DIST1 RAIN MIST SUNSHINE MOONBEAM Local 1993 325 24 867 $ 6,933 72 DIST1 PECAN BAYOU CT CLEAR FORK DR DEAD END S Local 1993 344 95 3,631 $ 29,049 68 DIST1 PETRONILA CREEK RED RIVER DR. DEAD END N. Local 1985 650 24 1,733 $ 13,867 72 DIST1 CHANTILLY CIR CHANTILLY DR DEAD END Local 0 90 24 240 $ 1,920 68 DIST1 PENTRIDGE DR BENNYVILLE DR CROSS RIVER DR Local 0 660 24 1,760 $ 14,080 68 DIST1 PENTRIDGE DR BENNYVILLE DR CROSS RIVER DR Local 0 660 24 1,760 $ 14,080 68 DIST1 MOUNT RANIER DR MELEX DR DEAD END(N) Local 0 475 24 1,267 $ 10,133 69 DIST1 SPRING CREEK DR BEAL SPRING CREEK CIR Local 2008 600 24 1,600 $ 12,800 73 DIST1 SPRING CREEK DR BEAL SPRING CREEK CIR Local 2008 600 24 1,600 $ 12,800 73 DIST1 SPRING CREEK DR SPRING CREEK CIR DEAD END N Local 1993 147 24 392 $ 3,136 73 DIST1 MARGUERITE STAPLES N. ALAMEDA N. Local 0 420 36 1,680 $ 13,440 77 DIST1 MARGUERITE ALAMEDAN. TENTH Local 2004 465 36 1,860 $ 14,880 77 DIST1 MARGUERITE TENTH TWELFTH Local 2004 465 36 1,860 $ 14,880 73 DIST1 MARGUERITE TWELFTH BROWNLEE Local 2004 465 36 1,860 $ 14,880 73 DIST1 MARGUERITE BROWNLEE FOURTEENTH Local 2003 470 36 1,880 $ 15,040 75 DIST1 MARGUERITE FOURTEENTH CROSSTOWN EXPWY Local 2003 190 38 802 $ 6,418 75 DIST1 MARGUERITE CROSSTOWN EXPWY SEVENTEENTH Local 2003 175 24 467 $ 3,733 75 DIST1 MARGUERITE SEVENTEENTH EIGHTEENTH Local 2003 500 24 1,333 $ 10,667 75 DIST1 MARGUERITE NINETEENTH TWENTIETH Local 2003 350 24 933 $ 7,467 75 DIST1 MARGUERITE TWENTIETH TWENTY FIRST Local 2003 350 24 933 $ 7,467 75 DIST1 TENTH COLEMAN MORRIS Local 0 360 24 960 $ 7,680 69 DIST1 TENTH MORRIS MARY Local 0 350 24 933 $ 7,467 69 DIST1 TENTH MARY MARGUERITE Local 2004 110 36 440 $ 3,520 69 DIST1 TENTH MARGUERITE AGNES Local 2004 310 36 1,240 $ 9,920 69 DIST1 TENTH AGNES LAREDO Local 0 330 37 1,357 $ 10,853 69 DIST1 BARTLETT OLD ROBSTOWN RD MC LEOD Local 2007 600 24 1,600 $ 12,800 74 DIST1 BARTLETT OLD ROBSTOWN RD MC LEOD Local 2007 0 24 0 $ - 74 DIST1 BARTLETT MC LEOD BROOKS Local 2007 350 24 933 $ 7,467 74 DIST1 BARTLETT KREJCI LN BROOKS Local 2007 350 24 933 $ 7,467 74 DIST1 MOLINA LINDA VISTA WEST POINT Local 1999 790 24 $ - 68 DIST3 MOLINA WEST POINT VILLAREAL Local 2005 1355 24 3,613 $ 28,907 68 DIST3 MOLINA WEST POINT VILLAREAL Local 2005 0 24 0 $ - 68 DIST3 BONNER Local 7,066 DIST3 WEAVER SAVOY MATLOCK Local 1992 700 22 1,711 $ 13,689 67 DIST4 WEAVER SAVOY MATLOCK Local 1992 0 22 0 $ - 67 DIST4 WEAVER MATLOCK PADRE ISLAND DR Local 1992 1265 24 3,373 $ 26,987 67 DIST4 WEAVER MATLOCK PADRE ISLAND DR Local 1992 0 24 0 $ - 69 DIST4 MC IVER PADRE ISLAND DR DEAD END N Local 1992 620 20 1,378 $ 11,022 73 DIST4 MC IVER PADRE ISLAND DR DEAD END N Local 1992 0 20 0 $ - 73 DIST4 MC IVER MATLOCK DEAD END N Local 1992 550 20 1,222 $ 9,778 73 DIST4 MC IVER MATLOCK DEAD END N Local 1992 0 20 0 $ - 77 DIST4 PORTILLO VINCENT DR CUTTYSARK Local 2005 735 24 1,960 $ 15,680 72 DIST4 EAGLESNEST BAY GYPSY ST JOHNS Local 2004 810 24 2,160 $ 17,280 71 DIST4 GUN CAY PORTS O CALL DEAD END Local 2005 508 24 1,355 $ 10,837 70 DIST4 FLINTLOCK AQUARIUS CROSSJACK ST Local 1995 304 24 811 $ 6,485 68 DIST4 FLINTLOCK BOATSWAIN BARATARIA Local 1995 899 24 2,397 $ 19,179 68 DIST4 FLINTLOCK CROSSJACK ST BOATSWAIN Local 1995 600 24 1,600 $ 12,800 68 DIST4 BULLION REALES DEAD END W Local 1995 1103 24 2,941 $ 23,531 71 DIST4 REDMOND ST. PADRE ISLAND DR MATLOCK Local 0000 1330 24 3,547 $ 28,373 70 DIST4 REDMOND ST. MATLOCK DEAD END N. Local 1992 730 24 1,947 $ 15,573 70 DIST4 TALMADGE DEMA PADRE ISLAND DR Local 1992 425 19 897 $ 7,178 72 DIST4 TALMADGE MATLOCK MARINE Local 1992 195 19 412 $ 3,293 78 DIST4 TALMADGE MARINE DEWITT Local 1992 340 19 718 $ 5,742 78 DIST4 TALMADGE DEWITT DEMA Local 1992 335 19 707 $ 5,658 78 DIST4 MC DONALD JESTER SAVOY Local 1992 580 24 1,547 $ 12,373 74 DIST4 MC DONALD SAVOY MATLOCK Local 1992 700 24 1,867 $ 14,933 74 DIST4 MC DONALD MATLOCK DEAD END S. Local 1992 620 24 1,653 $ 13,227 74 DIST4 MC DONALD MATLOCK DEAD END S. Local 1992 0 24 0 $ - 77 DIST4 HERMINE PADRE ISLAND DR DEMA Local 1986 425 18 850 $ 6,800 77 DIST4 HERMINE DEMA DEWITT Local 1992 345 19 728 $ 5,827 77 DIST4 HERMINE DE WITT MARINE Local 1992 335 19 707 $ 5,658 77 DIST4 CABO BLANCO DR. SAN FELIPE DR CABO BLANCO DR Local 2006 468 24 1,248 $ 9,984 73 DIST4 CABO BLANCO DR. CABO BLANCO DR. PUNTA BONAIRE Local 2006 382 24 1,019 $ 8,149 73 DIST4 CABO BLANCO DR. PUNTA BONAIRE PUNTA BONAIRE Local 2006 1000 24 2,667 $ 21,333 73 DIST4 HAWKSNEST BAY GYPSY MONT PELEE Local 2005 558 36 2,232 $ 17,856 75 DIST4 HAWKSNEST BAY MONTPELEE ST.JOHNS Local 2004 250 36 1,000 $ 8,000 75 DIST4 HAWKSNEST BAY ST.JOHNS CORALBAY Local 2004 1120 36 4,480 $ 35,840 75 DIST4 EAGLESNEST BAY ST JOHNS CORALBAY Local 2004 1000 24 2,667 $ 21,333 71 DIST4 NOMAD CT. NORTHWIND D.E. Local 0 125 24 333 $ 2,667 70 DIST5 PIEDRA BUENA OSO PARKWAY DEAD END W Local 2003 175 48 933 $ 7,467 71 DIST5 GOLDEN CANYON NODDING PINES STARSHINE Local 1986 546 24 1,456 $ 11,648 71 DIST5 NEMESIS DR KITTY HAWK DR KING LN Local 0 490 24 1,307 $ 10,453 71 DIST5 NEMESIS DR KING LN MARAUDER DR Local 0 400 24 1,067 $ 8,533 71 DIST5 IMPALA DR. KODIAK DR. MINK DR. Local 1992 875 24 2,333 $ 18,667 75 DIST5 IMPALA DR. MINK DR. BISON DR. Local 1992 951 24 2,536 $ 20,288 75 DIST5 IMPALA DR. MINK DR. BISON DR. Local 1992 0 24 0 $ - 75 DIST5 IMPALA DR. BISON D.E. Local 0000 380 24 1,013 $ 8,107 75 DIST5 FALCON DR. KODIAK DR. BOBCAT DR. Local 1992 235 24 627 $ 5,013 27 DIST5 FALCON DR. BOBCAT DR. MOOSE Local 0000 1020 24 2,720 $ 21,760 74 DIST5 FALCON DR. BOBCAT DR. MOOSE Local 0000 0 24 0 $ - 74 DIST5 FALCON DR. MOOSE BISON Local 0000 738 24 1,968 $ 15,744 74 DIST5 FALCON DR. MOOSE DEAD END Local 0000 40 24 107 $ 853 74 DIST5 LAKE LIVINGSTON EVERHART RD LAKE GRANBURY Local 2001 165 24 440 $ 3,520 75 DIST5 LAKE LIVINGSTON LAKE GRANBURY PRAIRE DR Local 2001 730 24 1,947 $ 15,573 75 DIST5 LAKE LIVINGSTON PRAIRIE DR PRAIRIE DR Local 2001 125 24 333 $ 2,667 75 DIST5 LAKE LIVINGSTON PRAIRIE DR NOCONA DR Local 2001 485 24 1,293 $ 10,347 75 DIST5 FOX DR. BOBCAT DR. MOOSE Local 0000 1020 24 2,720 $ 21,760 68 DIST5 FOX DR. MOOSE BISON Local 0000 738 24 1,968 $ 15,744 68 DIST5 FOX DR. BISON D.E. Local 0000 40 24 107 $ 853 68 DIST5 FOX DR. BOBCAT DR. MOOSE Local 0000 0 24 0 $ - 68 DIST5 LAKE TRAVIS LAKE SUPERIOR LAKE APACHE Local 0000 1687 24 4,499 $ 35,989 68 DIST5 LAKE TRAVIS LAKE SUPERIOR LAKE APACHE Local 0000 0 24 0 $ - 68 DIST5 LAKE TRAVIS LAKE APACHE PONTCHARTRAIN Local 0000 304 24 811 $ 6,485 68 DIST5 LAKEVIEW DR. RODD FIELD LOVERS LANE Local 2003 1870 21 4,363 $ 34,907 68 DIST5 LAKEVIEW DR. RODD FIELD LOVERS LANE Local 2003 0 21 0 $ - 68 DIST5 LAKEVIEW DR. LOVERS LANE HOLLY RD Local 2003 2275 21 5,308 $ 42,467 72 DIST5 LAKEVIEW DR. LOVERS LANE HOLLY RD Local 2003 0 21 0 $ - 72 DIST5 BARNARD DR COUNTRY CREEK R CAPERNAUM CT Local 0000 260 24 693 $ 5,547 75 DIST5 BARNARD DR GOSHEN CT MASADACT Local 0000 405 24 1,080 $ 8,640 75 DIST5 BARNARD DR MASADA CT GETHSEMANE CT Local 0000 1122 24 2,992 $ 23,936 75 DIST5 BARNARD DR GETHSEMANE CT GILEAD RD(CR41) Local 0000 100 24 267 $ 2,133 75 DIST5 DURANT DR DOGTOOTH DR DEWBERRY DR Local 0000 282 36 1,128 $ 9,024 68 DIST5 ASPENWOOD LEMONWOOD CLARE Local 1982 642 24 1,712 $ 13,696 68 DIST5 ASPENWOOD CLARE CLARE Local 1982 190 24 507 $ 4,053 68 DIST5 ASPENWOOD CLARE DEAD END E Local 1982 410 24 1,093 $ 8,747 68 DIST5 MEADOWBREEZE SAVOY ST. COTTON CLUB DR. Local 2003 262 28 815 $ 6,521 67 DIST5 MEADOWBREEZE COTTON CLUB DR. MONK ST. Local 2003 172 36 688 $ 5,504 67 DIST5 MEADOWBREEZE MONKST. GERSHWIN LN Local 2003 362 32 1,287 $ 10,297 67 DIST5 MEADOWBREEZE GERSHWIN LN DORSEY Local 2003 160 24 427 $ 3,413 67 DIST5 MEADOWBREEZE DORSEY MEADOW WALK Local 2003 140 24 373 $ 2,987 74 DIST5 MEADOWBREEZE MEADOW WALK MEADOW GLEN Local 2003 260 24 693 $ 5,547 74 DIST5 MEADOWBREEZE MEADOW GLEN MEADOW CREEK Local 2003 270 24 720 $ 5,760 74 DIST5 MEADOWBREEZE MEADOW CREEK MEADOW GROVE Local 2003 270 24 720 $ 5,760 74 DIST5 MEADOWBREEZE MEADOW GROVE MEADOW LIGHT Local 2003 230 36 920 $ 7,360 74 DIST5 NORTHWIND DR. BISON NOMAD Local 0000 146 24 389 $ 3,115 75 DIST5 NORTHWIND DR. NOMAD SARA LYNN Local 0000 248 24 661 $ 5,291 75 DIST5 NORTHWIND DR. SARALYNN SNAKE RIVER Local 0000 493 24 1,315 $ 10,517 75 DIST5 NORTHWIND DR. SARALYNN SNAKE RIVER Local 0000 0 24 0 $ - 75 DIST5 NORTHWIND DR. SNAKE RIVER D.E. Local 0000 117 24 312 $ 2,496 75 DIST5 SANDALWOOD HANLEY SPICEWOOD Local 1987 320 24 853 $ 6,827 75 DIST5 SANDALWOOD SPICEWOOD SPICEWOOD Local 1987 700 24 1,867 $ 14,933 75 DIST5 COUNTRY CREEK RD S.STAPLES ST SOUTH OSO PKWY 0000 1265 28 3,936 $ 31,484 74 DIST5 KING LN KING TRAIL NEMESIS DR Local 2002 900 24 2,400 $ 19,200 73 DIST5 MITRA PKWY. LA SALLE ANVIL Local 0000 882 24 2,352 $ 18,816 75 DIST5 MITRA PKWY. LA SALLE ANVIL Local 0000 0 24 0 $ - 75 DIST5 BOBTAIL DR WILD FIRE DR MOHICAN CIR Local 0000 542 24 1,445 $ 11,563 73 DIST5 BOBTAIL DR MOHICAN CIR BRIDGETT DR Local 0000 248 24 661 $ 5,291 73 DIST5 BOCA RATON CHAMPIONS CONGRESSIONAL Local 1988 630 26 1,820 $ 14,560 73 DIST3 BOCA RATON CONGRESSIONAL SEA ISLAND Local 1988 360 26 1,040 $ 8,320 73 DIST3 BOCA RATON SEA ISLAND BOCA RATON CIR. Local 1988 360 26 1,040 $ 8,320 73 DIST3 BOCA RATON BOCA RATON CIR. PEBBLE BEACH Local 1988 550 26 1,589 $ 12,711 73 DIST3 CEDAR BROOK STONY BROOK SPRING BROOK Local 1986 790 24 2,107 $ 16,853 75 DIST5 SPRING BROOK CEDAR BROOK TIMBER CREST Local 1997 250 24 667 $ 5,333 72 DIST5 TIMBER CREST BOSTON DR SPRING BROOK Local 1997 766 24 2,043 $ 16,341 75 DIST5 SUDBURY REGENCY BISHOPS MILL Local 2001 533 24 1,421 $ 11,371 72 DIST5 OSO HILLS OSO PKWY E. OSO PKWY W. Local 2001 812 24 2,165 $ 17,323 74 DIST5 DERBY DR. STONE HENGE CHESHIRE Local 1983 575 24 1,533 $ 12,267 73 DIST5 CHESHIRE STERLING DERBY DR Local 1983 271 24 723 $ 5,781 74 DIST5 SPRING BROOK TIMBER CREST COLD SRRING Local 1997 250 24 667 $ 5,333 72 DIST5 SPRING BROOK TIMBER CREST COLD SRRING Local 1997 250 24 667 $ 5,333 72 DIST5 LA SALLE ROCK CREST D.E. C-1 1997 138 36 552 $ 4,416 78 DIST5 LA SALLE MITRA ROCK CREST C-1 1997 250 36 1,000 $ 8,000 78 DIST5 KING TRAIL KING LANE KING RANCH Local 1996 2750 24 7,333 $ 58,667 76 DIST5 KING TRAIL KING LANE KING RANCH Local 1996 0 24 0 $ - 76 DIST5 KING TRAIL KING LANE KING RANCH Local 1996 0 24 0 $ - 76 DIST5 SARA LYNN NORTHWIND BLUE SKYWAY Local 1997 0 24 0 $ - 74 DIST5 KING TRAIL KING LANE KING RANCH Local 1996 0 24 0 $ - 76 DIST5 BOBCAT DR. CIMARRON BLVD. FOX DR. Local 1986 155 24 413 $ 3,307 76 DIST5 BOBCAT DR. FOX DR. WOLF DR. Local 1986 230 24 613 $ 4,907 76 DIST5 LA SALLE WOLVERINE MITRA C-1 1997 345 36 1,380 $ 11,040 78 DIST5 BOBCAT DR. WOLF DR. FALCON DR. Local 1986 230 24 613 $ 4,907 76 DIST5 SARA LYNN NORTHWIND BLUE SKYWAY Local 1997 725 24 1,933 $ 15,467 74 DIST5 MT.ZION JERUSALEM DEAD END S Local 1994 660 25 1,833 $ 14,667 75 DIST5 ooixaw=lo=ino �C jx "( aaavw VNnavi , o o, o CO "'t, i� isli yam �r r i i r mq cu ' ar f li ° �°Pi i f srl 3t Il N f 4p 'v O SA � ri. a te Olt- .w f.. r r ai 72 � a , CL 1 o — Y rt.s i d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of December 10, 2013 2852 Action Item for the City Council Meeting of December 17, 2013 DATE: November 20, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie Gray, P. E., Director of Streets and Storm Water Services ValerieG @cctexas.com (361) 826-3729 Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program-Pilot Program Construction Contract, A/E Amendment and Testing Agreement Award CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, LP, dba, Bay LTD. in the amount of $6,147,094.05 for the Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity (IDIQ) Pilot Program for Total Base Bid #1; and to execute a construction contract with Haas Anderson Construction, Inc. in the amount of $11,920,961.00 for the Citywide Street Overlay and Sealcoat IDIQ Pilot Program for Total Base Bid #2; and to execute Amendment No. 2 to an engineering design contract with R.H. Shackelford, Inc. in the amount of $548,513.00 for a re-stated total fee of$743,360.00 for development of remaining pilot program delivery orders; and to execute a testing agreement with Rock Engineering and Testing Laboratory in the amount $73,099.00 for the Citywide Street Overlay and Sealcoat IDIQ Program for construction material testing. PURPOSE: The purpose of this Agenda Item is to award two construction contracts, a design amendment, and a construction materials testing agreement so work may begin on the pilot program of the Citywide Street Preventive Maintenance Pilot Program (SPMP). BACKGROUND AND FINDINGS - CONSTRUCTION CONTRACT: This IDIQ construction project provides for the implementation of the citywide SPMP for Hot Mix Asphalt Concrete (HMAC) Arterial, Collector and Residential street overlay and asphaltic seal coat preventative maintenance. This contract is a multi-year IDIQ proposal that will be awarded to two contractors based on the type of work, Method of Award and bids received. Base Bid 1: Provides for the Seal Coat of streets with minor HMAC repairs and level ups, base repairs; pavements markings and traffic control; manhole ring and cover adjustments; minor concrete improvements including curb & gutter, sidewalks and driveways; mobilization, hauling, disposal and other necessary miscellaneous improvements. Base Bid 2: Provides for HMAC Overlays with the HMAC repairs/patching and full depth base repairs; pavement markings and traffic control; manhole ring and cover adjustments; minor concrete improvements including curb & gutter, ADA ramps, sidewalks and driveways; mobilization, hauling, disposal and other necessary miscellaneous improvements. Base Bid 3: Provides for combined base bid for both the Seal Coats and Overlays with the HMAC repairs/patching and full depth base repairs; level ups, pavement markings and traffic control; manhole ring and cover adjustments; minor concrete improvements including curb & gutter, ADA ramps, sidewalks and driveways; mobilization, hauling, disposal and other necessary miscellaneous improvements. The initial base year of this contract will be 365 calendar days and includes three (3) optional one-year extensions. The City may administratively award option years for either or both construction contracts subject to the availability of funds for that calendar year. The actual work performed will be approved and issued through multiple Delivery Orders (DO's) within the two Base Bids. Approximately five DO's for each base bid, will be issued for each year pending availability and certification of funding. On November 20, 2013, the City received proposals from two (2) bidders. The bidders and their respective bids are as follows: Contractor Base Bid 1 Base Bid 2 Base Bid 3 Berry Contracting, LP, dba, Bay, Ltd. 6,147,094.05 12,744,245.00 18,673,886.55 Haas Anderson Construction, Inc. No Bid 11,920,961.00 18,141,629.00 Awarding the project to two contractors is in the best interest of the City. Awarding Base Bid 1 to Berry Contracting, LP, dba, Bay LTD. in the amount of $6,147,094.05 and awarding Base Bid 2 to Haas Anderson Construction, Inc. in the amount of $11,920,961.00 has a total project construction value of $18,068,055.05. The lowest bid for Base Bid 3 was $18,141,629.00. The Design Engineers estimate for construction for Base Bid 3 is $13,238,325.00. The total value of both Base Bid 1 and Base Bid 2 construction contracts is 36% higher than the Design Engineer's estimate. In making this contract award recommendation, City staff acknowledges and agrees with the Design Engineer's assessment of the current market conditions. Factors including limited response, contractor availability and local construction backlog all contribute to this higher pricing. As a consequence of these bid results, the number of streets that could be maintained through this pilot program has been reduced. All work complies with the Council approved work plan. BACKGROUND AND FINDINGS — DESIGN AMENDMENT: The proposed Design Contract Amendment #2 includes the work necessary for the preparation and development of the remaining DO's required to complete the pilot program construction. Specific contract tasks include determining the best method of repair and detailed material quantities for each repair area. The Design Engineer will develop DO's and conduct a site visit with the Contractor and City staff to verify the scope, quantities, and completion period. Construction costs for each repair area will be developed using unit prices from the construction contract documents as approved by Council action. Actual material quantities and costs will be measured and verified by City field inspection during construction. ALTERNATIVES: Construction Contract: 1. Execute the two separate construction contracts as recommended by City staff. 2. Do not execute the two separate construction contracts as recommended by City staff. 3. Execute one construction contract to one bidder only. 4. Re-advertise the project and solicit new bids. Design Amendment #2: 1. Execute Amendment No. 2 with RH Shackelford, Inc. as recommended. 2. Do not execute Amendment No.2 with RH Shackelford, Inc. and direct staff to investigate a plan to execute the project with in-house forces. OTHER CONSIDERATIONS: Award of all pilot program DO's, and start of any construction. will be subject to the availability and certification of funds collected through the implementation of the Street User Fee, Regional Transportation Authority, General Fund contributions and Bond 2012 Street ADA program budget. Authority to exercise construction contract Option Years 1 through 3 is delegated to the City Manager, or his designee, subject to availability of funds. Issuance of future option year DO's, testing and inspection services agreements will be addressed by a separate procurement effort as applicable. CONFORMITY TO CITY POLICY: The construction contract complies with City Policy concerning bidding and purchasing procurement requirements. The contract amendment and testing agreement comply with City policy regarding Professional Service Contracts and financial policies as part of the FY2013 Operating Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Years FY 12 - 13 FY 13 - 14 FY 14 - 15 TOTALS 2013 - 2015 Line Item Budget 240,597.00 10,142,000.00 6,600,000.00 16,982,597.00 Encumbered/Expended 240,597.00 240,597.00 Amount This item Construction 9,405,000.00 8,663,055.05 18,068,055.05 This item (Amend #2) 350,000.00 198,513.00 548,513.00 This item (Testing) 73,099.00 0.00 73,099.00 Future Anticipated 305,000.00 167,500.00 472,500.00 Expenditures BALANCE 0 8,901.00 (2,429,068.05) (2,420,167.05) Fund(s): Streets Fund, Street User Fee, Bond 2012 Comments: This contract is a Calendar Year contract and will use funds from Fiscal Year 2014 and 2015 to execute the annual work plan. Though the total value of the construction contracts are being awarded at this time, actual construction scheduling will be dependent upon availability and certification of funds received through the Street User Fee, other funding sources and DO's approved and issued through the City. RECOMMENDATION: City Staff recommends approval of: • A construction contract with Berry Contracting, LP, dba, Bay LTD. in the amount of $6,147,094.05 for the Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity (IDIQ) Pilot Program for Total Base Bid #1 • A construction contract with Haas Anderson Construction, Inc. in the amount of $11,920,961.00 for the Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity (IDIQ) Pilot Program for Total Base Bid #2 • Amendment No. 2 with RH Shackelford, Inc. in the amount of $548,513.00 for development of remaining pilot program delivery orders • A Testing Agreement with Rock Engineering and Testing Laboratory in the amount $73,099.00 for construction material testing. LIST OF SUPPORTING DOCUMENTS: Project Budget Amendment No. 2 Testing Agreement Location Map PowerPoint PROJECT BUDGET ESTIMATE Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program-Pilot Program PROJECT FUNDS AVAILABLE: *FY 2013-2014 Annual Street User Fee ................................................................................ $ 5,700,000.00 FY 2014-2015 Annual Street User Fee ................................................................................. $ 4,750,000.00 ** FY 2012-13 Street Operating Fund...................................................................................... $ 240,597.00 FY 2013-2014 Annual Street Operating Fund ......................................................................... $ 3,000,000.00 FY 2014-2015 Annual Street Operating Fund ......................................................................... $ 1,250,000.00 Bond 12 ADA Master Plan Improvements................................................................................. $ 2,017,000.00 Traffic Engineering (Residential Traffic Management Program) .................................................. $ 25,000.00 TOTAL PROJECT FUNDS AVAILABLE: $ 16,982,597.00 PROJECT FUNDS REQUIRED: Construction Costs: **Construction Base Bid One (Bay, Ltd).................................................................... $ 6,147,094.05 **Construction Base Bid Two (Haas Anderson)......................................................... $ 11,920,961.00 Construction Total (Includes Contingency)....................................................... $ 18,068,055.05 Consultant Fees: *** Original Engineering Consultant - Pilot Program Process Development(RHSI) .......................... $ 45,750.00 ***Amend#1 Engineering Consultant-Annual Work Plan/Construction Document Development(RHS $ 194,847.00 Engineering Consultant-Construction Delivery Orders/Construction Administration (RHSI)............... $ 548,513.00 Geotechnical Study and Testing (Rock Engineering) ................................................................. $ 73,099.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)....................................................... $ 112,500.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services).............................................. $ 245,000.00 Finance............................................................................................................................ $ 75,000.00 Misc. (Printing,Advertising, etc.)............................................................................................ $ 40,000.00 TOTAL PROJECT FUNDS REQUIRED.................................................................................. $ 19,402,764.05 **** ESTIMATED PROJECT BUDGET BALANCE.................................................................... $ (2,420,167.05) Note: * Street User Fee to be Implemented January 2014 Note: **Construction duration under this contract is for a twelve month period with three optional 12 month construction contract renewals Note: ***funded through salary saving from FY 2012-2013 Operating Budget Note: ****Actual contract Delivery Order issuance and final construction contract value is subject to limits of funding . Original Contract was administratively approved on December 22, 2012 Amendment No. 1 approved by City Council on July 23, 2013 ATTACHMENT"A" AMENDMENT NO. 2 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and R. H. SHACKELFORD, INC. , hereinafter called "ENGINEER," agree to the following amendment to the Contract for Professional Services for Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity Program—Pilot Program (Project No.El 2215), as authorized and amended by: original Contract December 17, 2012 Administrative Approvif $45,750.00 Amendment_No. i �._ juy123, 2013J Motion No. 2013-116 $194,847,00 EXHIBIT"A", PART Ill. FEES,SECTION C.Summa!y of Fees shall be amended to include fee for Develop Post- Award Delivery Orders with Construction Administration and Warranty Phase as set forth in the attached Amendment No. 2 Exhibit "A". EXHIBIT "A" PART 3. FEES SECTION C. SUMMARY OF FEES shall be modified for a fee not to exceed $548,513.00 (Five Hundred Fo!:!y Eight Thousand Five Hundred Thirteen Dollars and Zero Cents),for a total restated fee not to exceed $789,110.,00(Seven Hundred Eighty Nine Thousand One Hundred Ten Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit"B". All other terms and conditions of the December 17, 2.012 contract between the City and ENGINEER will remain in full force and effect. A CITY OF CORPUS CHRISTI 14AFORD, INC. ov 3 Mark Van Vleck, P,E. (Date) rr er, P.E. '� (Date) Interim Assistant City Manager ®r es'UX1(n 5151 Flynn Parkway, Suite 300 Corpus Christi, TX 7841'1 (361) 452-0318 Office RECOWENDED /3 Daniel Biles, P.E. (taltef Director of Engineering Services, ENTERED NOV 22 2013 Operating Department (Date) CONTRACT MANAGERS APPROVED Project No. E12215 Fund Name. Street Fund Fund Source No. 530215-1041-12430-E12215 Office of Management and Budget (Date) Encumbrance No. why I AMD. NO. 2 Pa 1 of KkEngineering DaitaExchango ANGIEM4STREET1E12215 STREET OVERLAY AND SEALCOAT PROGRAM DEVELOPMENT'LAmendment No 2 ShackelforMAMENDMENT NO 2.doc APPROVED AS TO FORM Legal Department (Date) ATTEST Armando Chapa, City Secretary (Date) AMD. NO.2 Page 2 of 2 K1Engineedng DataExchangeANG1EM%STREETWI2215 STREET OVERLAY AND SEALCOAT PROGRAM DEVELOPMENTWriendment No 2 ShackeUordIAMENDMENT NO.2.doe Citywide Street Overlay and Sealcoat Indefinite Delivery/indefinite Quantity Program-Pilot Program Project No.E12215 SUMMARY OF FEES ORIGINAL Fees CONTRACT AMD.NO.1 AMD.NO.-2 TOTAL Basic Services 1. Preliminary Phase (Complete) _$45,750.00 - $0.00 $0.00 $0.00 2. Design Phase 0.00 104,784.00 0.00 104,784.00 3. TDLR and TPDES coordination and permitting_JALLOWANCE)- 0.00 37,879.00 0.00 37,879.00 4. Bid Phase - - -- -- - - 0.00 7,265.00 0.00 7,265.00 5. Construction Administration Phase(Initial DO's with award) 0.00 25,980.00 0.00 25,960.00 6. Public Involvement ALLOWANCE 0.00 18,939.00 0.00 18,939.00 Subtotal Basic Services Fee 45,750.00 194,847.00 0.00 240,597.00 Additional Services(Allowance) 1. Permit Preparation 0.00 To Be Determined 0.00 0.00 2. Develop Post-Award Delivery Orders with Construction Admin. 0.00 To Be Determined 516,947.00 516,947.00 2. - - - 0.00 0.00 3. Topographic Survey and Parcel Descri tP ions _ 0.00 To Be Determined 0.00_ 0.00 4. Environmental Issues 0.00 To Be Determined 0.00 0.00 5. Rubiis4AvoknenE 0.00 0.00 0.00 0.00 6, 0.00 0-00 0.00 0.00 6. Constriction Observation Services 0.00 To Be Determined 6. Stale-aapSewises 0.00 0.00 7. Warranty Phase _ 0.00 To Be_Determined 31,566.00_ _ _ 31,566.00 Subtotal Additional Services Fee 0.00 0.00 548,513.00 548,513.00 Toiai Fees $4575000 $194.847.661 $54,613.001 $789.110.001 12/17/12 7123113 12/10/13 Admin.Approval M2013-116 AMD. NO. 2 EXHIBIT"A" Page 1 of 1 0 0 0 0 0 0 0 0 0 0 0 0 0 f� f1 0 0 0 0 0 0 0 cA O M V Q. 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NO. 2 EXHIBIT"B" Page I of SUPPLIER NUMBER TO BE ASSIGNED BYGITV_ PURCHASING DIVISION CITY OF CORPUS CHRISTI city of DISCLOSURE OF INTEREST us Christi City of Corpus Christi Ordinance 17112 as amended,reguires 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: RH Shackelford,Inc. P.O.BOX: STREET ADDRESS: 5151 Flynn Parkway,Suite 300 CITY: Corpus Christi ZIP: 78411 FIRM IS: 1. Corporation ® 2. Partnership e 3. Sole Owner E] 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City.m of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership the above named"firm.' Name Job Title and City Department(if known) N�Q 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." Najyle 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 N /A Committee _Y 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" Namp Consultant N 1A • n FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City-official,employee or body that has been requested to act in the matter,unless the interest of the City ofticial or employee in the matter.is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Jerry Shoemaker,P.E. Title: President/CEO (Type or Print) Signature of Certifying J Date: ALfMa,,,3 Person: ��Jj� CY 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. 4 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. AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock Development Manager, which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Citywide Street Overlay and Sealcoat Indefinite DeliveEy/indefinite Quantity Pro-gram—Pilot Program (Project No. E12215 1("PROJECT"). 2. SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as "Exhibit C". 3. FEE: The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $73,099.00 (Seventy Three Thousand Nine ly Nine Dollars and Zero Cents). Monthly invoice will be submitted in accordance with Exhibit"D", 4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit"B". 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LABORATORY C ocN"Od"A Mark Van Vleck, P.E. (Date) -,Curtis A.'Rock (Date) Interim Assistant City Manager Business Development Manager of Public Works and Ultilites 6817 Leopard Street Corpus Christi', TX 78409 (361) ,883-4555 Office RECOMMENDED (361) 883-4711 Fax I VZ rX5 Daniel Biles, P.E. (Date) Director of Engineering Services Operating Department (Date) K TNGINEE RING DATAEXCHANGE1ANGIEM STREE"I"1E12215 s,rREET OVERLAY AND SEALCO,AT PROGRAM DEVELOPMENlIrESTINGNROCK.DOC ENTERED APPROVED NOV 2 5 2013 CONTRACT MANAGERS Office of Management (Date) Project No. E12215 and Budget Fund Source No 530215-10141-1243RD-F12215 Fund Name: Street Fund Encumbrance No. APPROVED AS TO FORM Legal Department (Date) ATTEST Armando Chapa, City Secretary (Date) KENGINEERING DATAEXCHANGEVANGIEM SIREERE12215 S7REET OVERLAY AND SEALCOAr PROGRAM DEVELOPMEWRTESTINGIROCK DOC • GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING &TESTING • SOILS•ASPHALT•CONCRETE gro'9� `�GpQ� November 22, 2013 City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78401 Attn: Mr. Dan Biles, P.E. — Director of Engineering SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED Citywide Street Overlay & Sealcoat City Project No.: E12215 Corpus Christi, Texas RETL Proposal Number: P112113A Dear Mr. Biles, Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to be selected to perform the required Construction Materials Testing for the above referenced project. The Estimated Construction Materials Testing Budget for this project is $73,099.00. We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that weekend Technician time will be invoiced portal to portal at an additional rate of$32.00 per hour. RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 8834555 extension 15 if you have any questions regarding the proposal or would like to discuss further. Sincerely, F-�K, Sandra Kirk Project Estimator ROCK ENGINEERING&TESTING LABORATORY,INC. EXHIBIT"A" 6817 LEOPARD STREET•CORPUS CHRISTI,TEXAS,78409 OFFICE: (361)883-4555•FAX: (361)883-4711 •www.rocktesting.com Page 1 of 3 Date: November 21, 2013 Project Name: Citywide Street Overlay&Sealcoat City Project No.: E12215 Contact: Mr. Dan Bites, P.E.-Director of Engineering Contact Information: City of Corpus Christi Random Repairs Test Quantity Unit Fee Fee CORES-INVESTIGATIVE ANALYSIS Overlay Streets = 109,494 LF (Core at every 2,000 LF)=55 Seal Coat = 137,276 LF (Core at every 3,000 LF)=46 Aphalt Street Core 101 $99.00 $9,999.00 5'Hand Auger-Engineering Technician Time(1 Hr. Each) 101 $65.00 $6,565.00 Engineer Time(.5 Hour per Core) 101 $90.00 $9,090.00 OVERLAY&SEAL COAT REPAIRS (Random Street Repairs at Delivery Orders 1, 2, 3,4&5-Assume 15%Repairs) Base Description: Nominal Subbase Repairs (18)Sample Charge $57.00 $1,026.00 Proctor Type: Modified 18 $253.00 $4,554.00 In-Place Densities: 1 every 200 LF of Street 185 $44.00 $8,140.00 Additional Test: Atterberg Limits and Gradation 18 $188.00 $3,384.00 Additional Test: Wet Ball Mill 18 $321.00 $5,778.00 HMAC Description: HMAC Street Overlay (18)Sample Charge $57.00 $1,026.00 Full Series Freq.: 5 per Delivery Order 18 $616.00 $11,088.00 Cored in Place Freq.: 5 per Delivery Order 18 $99.00 $1,782.00 Curb and Gutter Description: Concrete Curb&Gutter Repairs Linear Footage: Random Repairs In-Place Densities: Approx. 1 per Delivery Order 5 $44.00 $220.00 Concrete Set Size: Concrete Cylinders(set of 4) 5 $176.00 $880.00 Test Schedule: 1 @ 7 days&3 @ 28 days Test Frequency: Approx. 1 per Delivery Order ADA Ramps Description: Concrete ADA Ramps Number of Ramps: Random Repairs Set Size: Concrete Cylinders(set of 4) 5 $176.00 $880.00 Test Schedule: 1 @ 7 days&3 @ 28 days Test Frequency: Approx. 1 per Delivery Order Sidewalk Description: Concrete Sidewalds Square Footage: Random Repairs Set Size: Concrete Cylinders(set of 4) 5 $176.00 $880.00 Test Schedule: 1 @ 7 days&3 @ 28 days Test Frequency: Approx. 1 per Delivery Order Driveways Description: Concrete Driveways Number of Driveways: Random Repairs Set Size: Concrete Cylinders(set of 4) 5 $176.00 $880.00 Test Schedule: 1 @ 7 days&3 @ 28 days Test Frequency: Approx. 1 per Delivery Order EXHIBIT"A" 1 of 2 Page 2 of 3 Date: November 21,2013 Project Name: Citywide Street Overlay&Sealcoat City Project No.: E12215 Contact: Mr. Dan Biles,P.E.-Director of Engineering Contact Information: City of Corpus Christi Random Repairs Test Quantity Unit Fee Fee Manholes Description: Manhole Reconciliation Number of Manholes: Random Repairs Set Size: Concrete Cylinders(set of 4) 5 $176.00 $880.00 Test Schedule: 1 @ 7 days&3 @ 28 days Test Frequency: Approx. 1 per Delivery Order Vaule Box Description: Vaule Box Repairs Number of Vaule Boxes: Random Repairs Set Size: Concrete Cylinders(set of 4) 5 $176.00 $880.00 Test Schedule: 1 @ 7 days&3 @ 28 days Test Frequency: Approx. 1 per Delivery Order CYLINDER PICK-UP FEES Number of Trips: 24 $43.00 $1,032.00 TRANSPORTATION FEES Location: Corpus Christi,Texas 90 $45.00 $4,050.00 ADMINISTRATION FEES (1 Time Fee per Project) 1 $85.00 $85.00 ESTIMATED TOTAL $73,099.00 *This is only an estimate. Please make note that the actual fees invoiced for this project will be based on the actual testing performed.The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. EXHIBIT"A" 2 or 2 Page 3 of 3 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AJE PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury & Property Damage non-renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises- Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired— Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim /$2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,000/500,000/500,000 EXHIBIT"B" Pagel of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10)ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: L Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance EXHIBIT"B" Page 2of3 should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT"B" Page 3 of 3 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB"will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the "CITY ENGINEER." 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the"CITY ENGINEER". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the"CITY"at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by"LAB". 2.2 Issue authorization in writing giving "LAB"free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise"LAB"sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: EXHIBIT"C" Page 1 of 3 (a) Stop work at the appropriate times for"LAB"to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that"LAB" will be on-site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by"LAB"or its subcontractors does not mean that"LAB"is approving placement of materials. Inspection is not and should not be construed to be a warranty by"LAB"to the"CITY"or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the"LAB". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY". "CITY" agrees to accept such samples and samples containers. ARTICLE S. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB"will not be responsible for the interpretation or use by others of data developed by"LAB". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB"in providing services is not, therefore, to include any review of,or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in,on, or near THE PROJECT site. EXHIBIT"C" Page 2 of 3 ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by"CITY"within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as"LAB" deems necessary to meet the obligations of this AGREEMENT. EXHIBIT"C" Page 3 of 3 0 0 0 0 0 0 0 0 0 0 0 0 0 I� ti O U') 0 0 0 0 0 0 Lo Cl cM � a L CL 0 ca c� t6 co C C C C Q Q O O O 00 0 0 0 0 0 0 ❑ a O O O 0 O 0 L CO LO to H C f13 T � cNi Q Q 0 0 0 00 OEfl O O O O pm ❑m OEf� 00 O Q o V O V) Ln In > o d� 69 614 a - O0000 ❑ ❑ � ooOC) LO � m LO U,) 4) 6 V C E Q s LLJ � W O W O r O O r 0 V Q Q 1!7 r YO CO ++ r r t0 d 69 r CD d m m Q) O d d V r 00 r d d N M e- M V E w & O � o ci of r ~ ~ of o 0; of Z co C A N r N 44 4 C"� 4* Go 47 H CD M V UrN m OW o Q N ea o 0 0 o O� 6F* 0 0 0 0 m m � OF o o� a. Zz Z �- � � •" °> Q E J L c V z ~ ~ .,o Q y ti ao O co O O o O v p p LO r LO co v 0 o t� o rn m m rn O CO CD L O r r O O N M �+ LO O d O 0 0 O O O (3 o Ef} N (V M co U m N 2 H co u) L- N v m N N M L N �� N N CO L LN U V N C .� UI - [ 7 'o O .0 ) d Z' m m e0 rn a c O Q i+ Z LL N d L «ti O c rn Q CO 00 o E rna o n o = C c ip o ❑ o E 2 CL am m a ix cncn f/) mQI- EXHIBIT"D" Page 1 of 1 S17PPLIt R h7tlrtiVI Ia t'lwIal ASSIGNED 13'x'`t"7T%--. DISCLOSURE OF INTERE C'6arasri City of C'(,n-aus Christi Ordinance IN 11 as santenaletl, requires all, persons or fgins seeking to do business with tile City to rovide the ColloWing, Ira fian'rntaticln. I NCIN citaestfcatt natrst he sansavered. If the citicstion is no Copp tea bl , ans�%er ��4h "" "A7 See rc�r��rs� stc e fair I"ifing ReCiLairr:nlents, Certifications and definitions. COMPANY N'A14IE: Rock I:ngincerin Tcstin-g Laboratory, file. P.0. BOX: ftiTREEr P illvyltEST 6817 Leopard Strcct C FF : Corpus Christ 2111: FIRM IS: 1. arar cra 1 W rnu mbip ( 1 Sx kn r t. Assocsuon � tth:r DISCLOSURE QUESTIONS if":all itioratal space is necessary, pleasa use tine a"ec r:sc side of��t us I1sa�c or ta�turcla separate �heet. 1. State tlae names of csach ""ertnlaloyPce'" of tltc C itry° of Al°(gals t"aristl havin an -ownership interest'"constituting 31116 or more of the ownelshil;in the above maned "'fir•nl.' Name Job Ilde and ('.:q Department (if°known) 2. Maw the names or each '"nf°facial" caf'd Cmy of"C'orfaus Christi having all -ownerships interest- consdiudng :311 or niorc of"the (),wriershipa id the aahovc n,anaed "firm.•„ Name Thle 3. "anti: the nsatnes of each "board nncnahcr- of the City of"(pq s Christi Il as irng an "c1vN 1l0Aip interest'"constituting :#%,or more of'the ownarshil) iCi the above named ""firm,°" Name Wrl C`carralaaisSicnal or C.onuanittec 4. State the ncarnles of each employce or officer of'sa "cons ault:atat"" for the C.'ita of'Corpus Christi "to a naked on rrnyr matter rcl:uted to t11e sn11Ject of this conta",act and "hits all -ownerships interest"constituting 3(.1,o or rnc'1re of"the oxvnershnl) in tile above naauned Narne C"eaaasuhsurt FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. (Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: C u{}1 S .190C Title: %yS%r%er, bn 004e d fy6uiR [, Crypt or Prloq J Signature of Certifying _ Date: Person: -- DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership,corporation,joint stock company,joint venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. e. "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. ooixaw=lo=ino �C jx "( aaavw VNnavi , o o, o CO "'t, i� isli yam �r r i i r mq cu ' ar f li ° �°Pi i f srl 3t Il N f 4p 'v O SA � ri. a te Olt- .w f.. r r ai 72 � a , CL 1 o — Y rt.s i � 1 I �iQ �s GMR w. a CA CD cgm —11 srg e CA CY O � +, O Q� N V 1 > o O a� V4.a o QJ • Z3 CL IM C s�, da ° •fie CV U Mil Jim � t � I , WP nW4f(p��F'�I' t a � � p 'd �� PPP Ilk 79 r. If, SIE � ' 1 7 CA ! J y r� y x¢w^ oJ: 4 c 0�,GHRISIJ co M Q� Mll u 4� SYF�� 0 > O Q) 0 4-/ V o CL V 4) a N U L CL .� U O LL U o L o m co C/) o C: > o p z U o 0 4a C) CL o O CL 0 (e) c°n' N CQ 6 f 'aA�l PP��O GO All�� co M O %rf C• C +�_ L O (2) "- ssa Risrr C N U VI O .N -p O U N � c0 0 -0 o� •�a CU CO :03 o {73 O C N 0)N a) " N (n O C LL cB Q� O 5) C L 2 . 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LL is LL LL m H d U is is U 0 is is W C7 0� H .� Cp,,.q° O AGENDA MEMORANDUM Future Item for the City Council Meeting of December 10, 2013 i Action Item for the City Council Meeting December 17, 2013 DATE: November 15, 2013 TO: Ronald L. Olson, City Manager FROM: Kimberly Jozwiak, Director of Municipal Court kimberlyi @cctexas.com (361)826-2515 - Lease Extension for City Detention and Magistration Center at the Wilson Plaza Building CAPTION: Motion authorizing the City Manager , or designee, to execute an amendment to extend a lease agreement for two years with an option for three one year extensions, with Wilson Plaza, Associates, L.P., for approximately4,710 square feet at the Wilson Plaza Building, 606 N. Caranchua, Suite 113-A, for $6,086.97 monthly rental payment, to house the City Detention and Magistration Center. PURPOSE: The current lease for the City Detention and Magistration Center at the Wilson Plaza Building expires on November 30, 2013. The Municipal Court Administration wishes to continue utilizing the currently leased suite for the necessary operation of the City Detention and Magistration Center. BACKGROUND AND FINDINGS: Since its inception in 2004, the City Detention and Magistration Center (CDC) has functioned as a short-term holding facility that allows City-employed law enforcement agencies to bring arrested persons for identification and magistration purposes. Once these processes are completed, arrested persons with Class A and B Misdemeanor and/or Felony charges, are transported to the Nueces County Jail for housing. The current layout of the CDC offers no secure area for law enforcement to complete, the requirements of the "pre-book-in" process, which includes completing arrest reports, affidavits, and computer data entry. Currently, arresting officers are forced to complete these tasks, within the confines of their patrol cars, with the arrested person detained in the rear seat of the same patrol car. Depending on the circumstances of the arrest, this can be a lengthy process. Since the safety of those in custody and that of law enforcement is paramount, this safety vestibule will provide an enclosed, secure area, within the CDC, where an arresting officer may safely secure an arrested person, while he or she completes the appropriate "pre-book-in" process at computer workstations and/or work areas. ALTERNATIVES: Allow the current lease to expire and relocate the City Detention and Magistration Center to a new facility. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement that exceeds $50,000. EMERGENCY 1 NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: X Operating Revenue Capital Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 CIP�onl __........... Cu rrent Year Future�Y�.e��..a....r._.s... ......... ..............T........O.........T......A.........L.......S „,,,, 0 ..._,,,, „� $8400. $84,000.00 $168,000......0. ......0.......... Encumbered/ ,Ex eI ed Amount„ $18,260.91 0 $18,260§91 This item $65,739.09 $65,739.09 � .. „m,..�..�.�.�.. .......N.�... ........ . .... .,�.®... ...®.......�,,.... .. ...... 0...p mm�mmmm�� ,.,. ..,�,� .I............. BALANCE 0 $84 000.00 $84,000.00 ,,, �,,,, ,. ,,. „ .... .. ww,w,�. w , M.w, ..,.,n. m. nww, ,ry www ,.,.,M Fund(s): Comments: Funding for the requested lease extension agreement is budgeted in the Municipal Court Administration's operating FY 13-14 budget RECOMMENDATION: Staff recommends the City Council approve the proposed motion. LIST OF SUPPORTING DOCUMENTS: Office Lease Extension Agreement STATE OF TEXAS ) COUNTY OF NUECES ) OFFICE LEASE EXTENSION AGREEMENT 1. PARTIES: That on this 15th day of November, 2013, this Lease extension made between Wilson Plaza Associates L. P. Corpus Christi, Texas, as Landlord, and City of Corpus Christi Detention Center,as Tenant. Landlord leases to Tenant and Tenant leases from Landlord,upon the terms and conditions herein and those set forth In the previous Lease agreement dated 12- 01-11 ,unless otherwise agreed herein,the demised premises described below.A copy of the original,0413-04 lease agreement Is available in the managers office,address below. 2. DEMISED PREMISES: The demised premises and building in which the premises are located, are described as follows: Building Name:Wilson Plaza, North Suite No.113 A Building street address, city, county, state: 606 N. Carancah a or us Christi Nueces Texas. Net rentable square footage of 4.710 as defined by BOMA standards of measurements. 3. TERMS: The term of this lease shall be for 2 (two] years commencing on December 01. 2013.and ending November 30,2015 4. RENTS: Rent shall be$6.086.97 per month, payable in advance, on the first of each month at Landlord's office,if any,In the above building;otherwise,at such other address In said county as may be subsequently furnished by Landlord for such purposes, 900 Wilson Plaza West, Corpus Christi, Texas 78401-0669. Rent received after the first shall be deemed as delinquent. In the event any rent payable pursuant to this Agreement is not timely paid and remains unpaid for a period of ten (10)days after payment would otherwise be due,then a late payment charge shall be due and payable upon demand of Landlord In an amount equal to fifteen percent (15%) times the amount unpaid for each partial or full calendar month during which such rent remains unpaid. This charge shall be in addition to all other remedies provided for by the previous lease agreement. 5. SECURITY DEPOSIT: Security deposit shall be the same as previous lease agreement unless otherwise stated here$N/A . If Tenant fails to give Landlord thirty(30)days written notice prior to terminating the lease, to pay rent or other sums when due, the security deposit may at Landlord's option be applied to such unpaid amounts. 6. USE: Tenant shall use the premises for the following purpose and no other(nature of Tenant's business) City Detention and Magistratlon Center 7. CERTIFICATE OF INSURANCE: A current certificate of insurance shall be furnished by Tenant pursuant to the conditions set forth in the original lease agreement. B. TENANT BROKER: In the event Tenant employs a broker to negotiate future Lease transactions,whether expansions or renewals,the fee charged by the Tenant's Broker shall be paid by the Tenant and not included in the new Lease. 9. Exhiblts: Exhibit "A" Legal Description, Exhibit "B" Floor plans, Exhibit "C" Landlords improvements, and Exhibit`D" Renewal option are deemed incorporated in this agreement in their entirety,whether or not actually attached. EXECUTED this the / � day of ON411r, '20 /3 Wilson Plaza Associates.L.P. Landlord: 14-4 Tenantm _ Focus Investment Co. L.L.C. City of Corpus Christ! Y General Partner By City Manager or designee Herman A. Parker Ronald Olson General Manager City Manager Approved as to legal farm this day of By: Buck Brice Assistant City Attorney for City Attorney 0 EXHIBIT"A" LEGAL DESCRIPTION Situated in the County of Nueces,State of Texas,to-wit: TRACT: Lot No. One(1),Two(2),Three(3),Four(4), Five(5)and Six(8)in Nixon Replat of the Lots No.Five(5),Six(B),Seven(7),and Eight(8),Block Three(3), BLUFF PORTION of the City of Corpus Christi, Nueces County,Texas, according to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County,Texas. TRACT II: Lots(2), in Block Three (3), Four(4), Nine (9),Ten (10), Eleven (11) and Twelve(12), in Block Three(3),of the BLUFF PORTION of the City of Corpus Christi,Texas,as shown by the map or plat thereof, recorded In Volume A,Page 3,Map Records, Nueces County,Texas. TRACT III: Being a part of the BLUFF PORTION of the City of Corpus Christi,Texas as shown on the map or plat of said city,recorded In Volume A.Page 3,Map Records,Nueces County,Texas and being more particularly described by Metes and bounds as follows: BEGINNING at a drill hole,In a concrete retaining wall, in the east boundary line of North Carancahua Street, the southwest comer of Block 3, BLUFF PORTION of the City of Corpus Christi, Texas and southwest comer of the R. M. Kleberg Tract,for the northwest comer of this surrey;Thence South 88 degrees 3120" East with the south boundary line of said Block 3, and north boundary line of said Kleberg Tract,and with the general course of an old board fence,301.78 feet to a one inch iron pipe in the west boundary line of North Broadway,the Southeast comer of said Block 3, the northeast comer of said Kleberg Tract,for the Northeast comer of this survey; THENCE south 1 degree 00'West with the said West boundary of North Broadway,and east boundary line of said Kleberg Tract, 50 feet to a one inch iron pipe for the Southeast comer of this Survey; THENCE North 88 degrees 3170"West parallel with said south boundary line of Block 3, and north boundary line of said Kleberg Tract,301.84 feet to a drill hole in a concrete retaining wall in said east boundary line of North Carancahua Street, and west boundary line of said Kleberg Tract, for the southwest comer of this survey; THENCE North 1 degree 05'20"Eastwith said east boundary line of North Carancahua Street and west boundary line of said Kleberg Tract,50 feet to the PLACE OF BEGINNING and being the same land as described In a certain deed dated May 5, 1930,from R.M. Kleberg, and wife,Mamie S. Kleberg to D.K Martin,Trustee,which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. EXHIBIT 7 FOR PLAN I �I 9 #1130 EXHIBIT UCH I.ANDLORDS'S IMPROVMENTS Tenant accepts the demised premises in"As is"condition EXHIBIT"0" RENEWAL OPTION At the end of this renewal term, November 30,2015,Tenant shall have the right to renew this lease for a period of three(3)one(1)year periods, provided that Tenant delivers to Landlord written notice of Tenant's intent to renew at least 120 days prior to the end of the lease term. However, Tenant shall not have such right of renewal if Tenant is in default as defined elsewhere in this Lease either at the time of such notice of renewal or at the end of the Lease term. The terms of this Lease during such renewal term shall continue,including rent adjustments as defined elsewhere in this Lease. SC AGENDA MEMORANDUM µrya First Reading Ordinance for the City Council Meeting of December 17, 2014 Second Reading for the City Council Meeting of January 14, 2014 DATE: November 18, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV @cctexas.com (361) 826-3246 Closing a portion of a 15-foot wide utility easement out of Lot 1, Incarnate Word Subdivision CAPTION: Ordinance abandoning and vacating a portion of a 15-foot wide utility easement out of Lot 1, Incarnate Word Subdivision and requiring the owner, The Convent Academy of the Incarnate Word, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for the future development of the subject property. BACKGROUND AND FINDINGS: The Convent Academy of the Incarnate Word (Owner) is requesting the abandonment and vacation of a 21,488-square foot portion of a 15-foot wide utility easement out of The Convent Academy of the Incarnate Word, located south of Lipes Boulevard and west of South Staples Street. The abandonment and vacation of the utility easement is being requested by the Owner to allow for the future development of the subject property. The easement was placed on the plat in anticipation of the site configuration and that configuration was changed after the plat was recorded. Staff recommends payment of fair market value for the easement closure be waived, as per Texas Local Government Code 272.001 (b). The Owner of said property was the same Owner that dedicated the portion of easement being abandoned. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owners' ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-13. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities within or objections to the proposed easement closure. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Nx Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. That payment of fair market value for the easement closure be waived, as per Texas Local Government Code 272.001 (b). The Owner of said property was the same Owner that dedicated the portion of easement being abandoned. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a portion of a 15-foot wide utility easement out of Lot 1, Incarnate Word Subdivision and requiring the owner, The Convent Academy of the Incarnate Word, to comply with the specified conditions. WHEREAS, The Convent Academy of the Incarnate Word ("Owner") has requested the abandonment and vacation of a portion of a 15-foot wide utility easement out of Lot 1, Incarnate Word Subdivision; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, December 17, 2013 during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 21,488-square foot portion of a 15-foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of The Convent Academy of the Incarnate Word ("Owner"), a 21,488-square foot portion of a 15-foot wide utility easement out of Lot 1, Incarnate Word Subdivision, located south of Lipes Boulevard and west of South Staples Street, as recorded in Volume 68, Page 19, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit 'A" which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. That payment of fair market value for the easement closure be waived, as per Texas Local Government Code 272.001 (b). The Owner of said property was the same Owner that dedicated the portion of easement being abandoned. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor i MURRAY BASS, J14- 11,111H-R P.LS, 3054 S. A[A FIDA, zip" 78404 NXXOa P M, W'Ez T" 1 1, 361 882 55G2i - I1,A 361 882 1265 w wo ba'urus.welsh,'ac e RnaH8 aurravur( aol.Moni e-w aHu � ma''s V wra°aiu'u,u BASS & WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 i Corpus Christi, TX 78466-6397 September 10,2013 Field Note Description Easement Closure Being a tract situated in Corpus Christi, Nueces County, Texas being located on Lot 1, Incarnate Word Subdivision,as shown on the map thereof recorded in Volume 68,at Page 19 of the Map Records of Nueces County,Texas,said easement being a portion of those easements dedicated on the referenced plat and being more particularly described by metes and bounds as follows: ll COMMENCING at the northeast corner of said Lot 1, Incarnate Word Subdivision,THENCE S 28°55123"W along the east line of Lot 1, a distance of 412.62 feet to a point for the point of BEGINNING of this tract; THENCE continuing along the east line of Lot 1,S 28°55'23"W a distance of 33.74 feet to a point for a comer ` of this tract; THENCE S 75°28'29"W a distance of 274.43 feet to a point for an interior corner of this tract; THENCE S 16°03'13" E a distance of 2.07 feet to a point for a corner of this tract; THENCE S 73°56'47"W a distance of 17.00 feet to a point for the most southerly corner of this tract; THENCE N 16 003'13"W a distance of 17.00 feet to a point for a corner of this tract; THENCE N 73°56'47" E a distance of 20.00 feet to a point for an intermediate corner of this tract; THENCE N 75°28'29" E a distance of 251.22 feet to a point for an interior corner of this tract; THENCE N 61°04'37"W a distance of 216.69 feet to a point for a corner of this tract; THENCE N 28°56'47" E a distance of 15.00 feet to a point for a corner of this tract; f THENCE S 61°04'13" E a distance of 6.92 feet to a point for an interior corner of this tract; THENCE N 74°16'32" E a distance of 169.10 feet to a point for an interior corner of this tract; THENCE N 16°03'13"W a distance of 165.39 feet to a point for an interior corner of this tract; �I THENCE N 61003'13"W a distance of 285.11 feet to a point for an interior corner of this tract; THENCE S 28°55'23"W a distance of 8.05 feet to a point for a corner of this tract; THENCE N 61°01'36"W a distance of 15.00 feet to a point for a corner of this tract; V THENCE N 28 055'23" E a distance of 8.04 feet to a point for an interior corner of this tract; �I EXHIBIT "A" MBJ:sab,wrf I 07013-Field Note Desc-UE Closure.doc Page 1 of 2 111 El llMCE N 61 0031°3"W a fttavuce of 47 Al feet to a Il poh'it for tl ie Inmost westeiHy comer,r:)fth k tract', 11 EMCE N 28"55'23""E a distavice(�:)f 198 97 feet to a Oint ki the noilh fine of I ot I toy"the mwthrnost coirneir of Ws tract;' .F.1°EN(I E S 61'02'50" E along the north Hine of I ot 1, a distaim;e of 15.00 feet to a poird for a corner of this tract', I S * X15'2 3""W a qhstainc()of 183.97 feet to a fwMt for,an lufteirlor,corineir oftNs tract; I FIE,1114CE S 61"03'13"1''':,a distaince of',,,�38,74,feet to a Imint for a coirner of Ns tract; I I INGE S 16003T)" I''E a(fistanr*(A 186.69 feet to a point for a corner of thh;tract-, 1C I CENCE S 74016132"W a chstance of 169.01 feet to a p(Ant for an liintedoir c(':)irner of thh,r tract; 11 IG ff!]"CE S 61"04'37"E a&tamm of 198 69 feet to a Iprmlilrmt for an�ntedor m'xmeir of tHs tract,saW p6nt Gy�ing lun the west Ibmmrmrmr cuy of the existing 15,00 foot ki0fity ea.q3ernent of L ot l-, 11 ENCIE N 280!55'23" Wong the west fline of saki 15,00 foot tAffity easerneint,a clistaince of 22.02 feet ft)a �po�int for a comer of ffAs tiract'w ll� ENCE S 61"04'37" E a distance of 15,00 feel,to the POINT OF WEGINWV14G,fornflng a tract embrackig 21,488 square feet(0.4,93 acres), 7 VOP ry � r many Pm......10%.. SS,J R, 9, 1 12 H "Mur ay Bass, Jr., R.P.L.S. 6r 'm 4 Ncft- o f ll:: in f1s um ea i!lrot bo w mdarly of W 1,�nm'm mb:l Wo ii'd SubdWWo i1 as s limm v tO roe amaa mgr eco xl Mb,k�iab,vld EM 1181T A 0701 3-FWd Not esc:4 E Ocisure ii!llcilc i-bSe 2 of 2 . . U �'-k 10; -25' DRAINAGE EASEMENT DOC. Ld C141 04 10 110 uj C4 N61*03'13"W 285.11' Lo 0 13"Al z S61'04'1 6.92 Pmt of S61'04'37"E 198.69' ftinnIng N61*04'37"W 216.69' LOT 1 00 00 04 ell< OF kP 2128 - \A AREA 100 50 0 100 200 IN FEET UTILITY EASEMENT CLOSURE s & Welsh Engineering Scale. 1*=100' 3054 So. Alameda St. Date.- 07SEP2013 Corpus Christi, Tx. 78404 Drawing No. UE CLOSURE :(361) 882-1265 (fox) EXHIBIT 55B95 Sheet 1 of 1 _j i 1 CRCIMWELL GATERIDGE EDINBURG 'j, CROSSRIDGE MILLWOOD 0 UJ MEADOWGATE U V)J V" 0 PEPPER MILL Q P > z N U HAT�j � w ELM w CROSS M z VALLEY cX S CEDAR PASS LIPES 140 11 DELWOO C" CL + J `G CI 0 Li W SITE Uj J a_ HENDERSON F V) HENDERSON LETHABY o CAVENDISH PRINCE CHARLES CAM OT D z cn u 0 U o o z m m d YORKTOWN BLVD. MURRAY BASS, JR. Sao 2128 0 O `CSS LOCATION MAP Prepored by: Job No: 07013 Bass & Welsh Engineering scale: 1"=800' 3054 So. Alameda St. Date. 11 SEP2013 Carpus Christi, Tx. 78404 EXHIBIT B Drawing No: LIE Location (351) 882-5521 (phone) Plotscale: 1=1 (351) 882-1255 (fax) Sheet 1 of 1 ��s c PH AGENDA MEMORANDUM �aapo�R,EO Future Item for the City Council Meeting of December 17, 2013 1852+ Action Item for the City Council Meeting of January 14, 2014 DATE: December 11 , 2013 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution requesting the Texas Commission on Environmental Quality (TCEQ) to adopt language in the environmental flow standards for the Nueces River Basin to clarify that rules are to be applied prospectively and not affect an existing water right. CAPTION: Resolution requesting the Texas Commission on Environmental Quality (TCEQ) clearly and conclusively state that Senate Bill 3 environmental flow standards are to be applied prospectively and environmental flow standards for the Nueces River Basin not affect an appropriation of or an authorization to store, take, or divert water under a permit or amendment to a water right issued before September 1. 2007. PURPOSE: The amendment proposed by the City of Corpus Christi would clarify that the environmental flow standards for the Nueces River Basin cannot impact the City's existing water rights for the Choke Canyon/Lake Corpus Christi system. BACKGROUND AND FINDINGS: In 2007, the Texas Legislature passed Senate Bill 3, establishing a process for developing environmental flow standards for future surface water permits. This process is legislatively-mandated not to affect existing permits. The City of Corpus Christi (as the operating entity) operates the Choke Canyon Reservoir/Lake Corpus Christi System in accordance with the special conditions contained in Certificate of Adjudication No. 12- 3214 (issued in 1976). Through one of the special conditions in the permit, an Advisory Committee was established to address environmental flow requirements. This exercise is wholly independent of the SB 3 process. Permit language states that environmental flows are required and are within the power of the TCEQ to make changes in them, "to the extent provided by law." There is a possibility that adoption of standards developed during the on-going Senate Bill 3 process may unintentionally set a precedent allowing for a revision to the City's permit, which would significantly reduce water availability for municipal, industrial and agricultural uses throughout the Coastal Bend. City staff are reaching out to neighboring cities and counties, water systems, customers, and the local legislative delegation to request letters of support or resolutions be adopted prior to the February 2014 TCEQ public hearing. It is important for the City of Corpus Christi to demonstrate its commitment by adopting a resolution. City staff will make a presentation to the San Patricio County Commissioners Court on December 23, 2013, and to the Coastal Bend Council of Governments on January 24, 2014. A presentation to the Nueces County Commissioners Court will be scheduled after Council adopts the resolution. ALTERNATIVES: The Council's options are: (1) adopt the resolution, (2) adopt the resolution with changes, (3) reject the resolution, or (4) take no action. OTHER CONSIDERATIONS: Coastal Bend local governments are awaiting Council action before adopting a resolution. CONFORMITY TO CITY POLICY: N/A EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: Legal Services; Assistance City Manager for Business Support Services; Interim Assistant City Manager for Public Works, Utilities and Transportation; Water Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Project to Date Fiscal Year: 2014- Expenditures Future Year 2015 (CIP only) Current Year FY 14 TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: Staff recommends Council adopt the resolution. LIST OF SUPPORTING DOCUMENTS: 1. Resolution 2. Letter to Texas Commission on Environmental Quality RESOLUTION SUPPORTING AN AMENDMENT TO THE NUECES BAY SYSTEM ENVIRONMENTAL FLOWS RULES BY THE TEXAS COMMISSION ON ENVRIONMENTAL QUALITY WHEREAS, in 2007, the Texas Legislature passed Senate Bill 3 (SB 3), establishing a process for developing environmental flow standards for future surface water permits; and WHEREAS, the Texas Commission on Environmental Quality (TCEQ)is considering environmental flow standards for Nueces River and Nueces River Basin, which have the potential to significantly impair the City of Corpus Christi's existing water supply from the Choke Canyon/Lake Corpus Christi System; and WHEREAS, the Nueces River Basin is one of the driest in the SB 3 program with limited surface water available for future appropriations, whether human or environmental purposes; and WHEREAS, the City of Corpus Christi is the regional supplier of water for municipalities, business, industry and water systems serving approximately 500,000 customers in Nueces, San Patricio, Aransas, Bee, Kleberg, Jim Wells, and Live Oak counties; and WHEREAS, The City of Corpus Christi (as the operating entity) operates the Choke Canyon Reservoir/Lake Corpus Christi System in accordance with the special conditions contained in Certificate of Adjudication No. 12-3214 (issued in 1976); and WHEREAS, the City's permit includes a special condition in the permit establishing an Advisory Committee to address environmental flow requirements wholly independent of the SB 3 environmental flows process; and WHEREAS, despite SB 3's legislative mandate not to affect existing water rights permits; language within the City's permit states that environmental flows are required and are within the power of the TCEQ to make changes in them "...to the extent provided by law..." WHEREAS, there is a possibility that adoption of standards developed during the on-going SB 3 process may unintentionally set a precedent allowing for a revision impacting the City's permit, which would significantly reduce water availability throughout the Coastal Bend; and WHEREAS, the TCEQ is expected to hold a public hearing on the proposed rules and environmental flow standards in February 2014, and is required to have a rule adopted for the Nueces River basin by March 2014. NOW, THEREFORE, BE IT RESOLVED, that the CITY OF CORPUS CHRISTI hereby request that the TCEQ clearly and conclusively state that SB 3 environmental flow standards are to be applied prospectively and environmental flow standards for the Nueces River Basin not affect an appropriation of or an authorization to store, take, or divert water under a permit or amendment to a water right issued before September 1. 2007; and Page 1 of 3 BE IT FURTHER RESOLVED, that copies of this resolution be submitted to the members of the Commission and the TCEQ Executive Director as part of the public record on SB 3 environmental flows rulemaking process. PASSED AND ADOPTED this day of 2014. APPROVED this day of 2014. This resolution takes effect upon City Council approval on this the day of January, 2014. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas Corpus Christi, Texas The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Page 2 of 3 Lillian Riojas Mark Scott Page 3 of 3 Environmental Flows— Senate Bill 3 Rulemaking Process Issue: Pending before the Texas Commission on Environmental Quality (TCEQ) are environmental flow standards for Nueces River and Nueces River Basin, which have the potential to significantly impair the City of Corpus Christi's existing water supply from the Choke Canyon/Lake Corpus Christi System. Because Corpus Christi is the regional supplier of water for municipalities, business, industry and water systems serving approximately 500,000 customers from Rockport, Three Rivers, Kingsville and locations in between, this TCEQ decision has to potential to impact the entire Coastal Bend region. The TCEQ is expected to hold a public hearing on the proposed rules and environmental flow standards in February 2014. TCEQ is required to have a rule adopted for the Nueces River basin by March 2014. Requested Action: The City of Corpus Christi is requesting that TCEQ add language that clearly and conclusively establishes that SB 3 environmental flow standards are to be applied prospectively and not negatively impact existing water rights: This subsection does not affect an appropriation of or an authorization to store, take, or divert water under a permit or amendment to a water right issued before September 1. 2007. Background: In 2007, the Texas Legislature passed Senate Bill 3, establishing a process for developing environmental flow standards for future surface water permits. This process is legislatively-mandated not to affect existing permits. The City of Corpus Christi (as the operating entity) operates the Choke Canyon Reservoir/Lake Corpus Christi System in accordance with the special conditions contained in Certificate of Adjudication No. 12-3214 (issued in 1976). Through one of the special conditions in the permit, an Advisory Committee was established to address environmental flow requirements. This exercise is wholly independent of the SB 3 process. Language within the permit states that environmental flows are required and are within the power of the TCEQ to make changes in them, "to the extent provided by law." There is a possibility that adoption of standards developed during the on-going Senate Bill 3 process may unintentionally set a precedent allowing for a revision to the City's permit, which would significantly reduce water availability for municipal, industrial and agricultural uses throughout the Coastal Bend. City staff and contract consultants have been involved with the process to date, and have sought to ensure that the legislative intent of Senate Bill 3, to avoid impacting existing water supply, is maintained. Potential Consequences: If the TCEQ's proposed environmental flow standard rules are not revised, the City's water supply currently used for municipal, commercial, manufacturing, agricultural, and industrial uses in five South Texas counties could be significantly reduced in order to meet the new, higher environmental flow requirements. Water from the Choke Canyon/Lake Corpus Christi system is the lowest-cost water available. If less water is available from this system, consumers will have to pay higher prices for other sources, such as Lake Texana. ATTN: Charlotte Horn, MC 205 6���N K)f�ceof Legal Services, wEm�w�� mAMM Texas Commission on Environmental Quality NEEW ONE= P.O. Box I3QD7 �-�°~��� ���� Austin, Texas 7O711-3O87 ���� �� � ~� C01-PUS Date: October 18, 2013 �_��~ �~~ «�-�~ n�,��� �.p�� Subject: Comments on proposed rules regarding environmental flows in the Nueces River and Corpus Christi and Baffin Bays, Rule Project Number 2O13'Q09-288'OVV Dear Ms. Horn: WATER DEPARTMENT The signatories to this letter appreciate the opportunity to provide comment on the proposed Rules regarding environmental flows. This letter is formally submitted in response 2726H»||�Rwd to the Texas[ononniss[un on Environmental [lua|ity's(Commission's) request for comments Cnrroo on the pr�posed rules for environmental flow standards for the river and bay systems Trzm7O4|j consisting of the Nueces River and Corpus Christi and Baffin, Bays as recently published in the 908nx9277 Texas Register. |tis our interpretation and ppsitiVnthat the environmental flows provisions [hrisu of Senate Bill 3 /8O* Regular Session, 2007\ are not intended to alter any e�stin8 permitted Corpus 70469-9Z77 water rights within a basin. Sect. 11.147(e-1) of the Texas Water Code, states, in part, "This phvnrY]_847_l88| subsection does not affect an appropriation oforan authorization to store, take, or divert h\301-S")/-}W water under a permit or amendment to a water right issued before September 1, 2007.° |�u, VVe commend the Commission in its e�ortsto incorporate the intent nf Senate Bill 3by C�0^m�^�ou,xo7 |3|D| |mpud S.rco attempting to develop a balanced standard that considers the needs nfthe environment Corpus('0'imi along with the needs for surface water for other human uses. Further, we wish 1u express Tesys7840 Phone 36l426-1200 mursupportforiheDraftro!esastheyarecurremt]ypresented, wvithoneexcep%ion. We Fm )^l'l42-v|�| propose herein the addition of single statement, within §298.450 of this subchapter, that ^w` ccuxuzuvm expressly confirms that the applicability of this subchapter is to be consistent with the applicability defined in the General Provisions and consistent with the intent of Senate Bill 1 We hae| that with the complexity of the Agreed Order and the existing permits held by the City,the addition mf this statement clarifies the purpose of this rule within the subchapter. §298.450. Applicability and Pni-pose Tbio aubcbaDterconLuiva tile environmental flow standards for the Nneoca River, its associated tributaries, and lVumcmm, Corpus Christi and Baffin Bays. The provisions uf this subchapter control over any provisions of Subchapter Aof this chapter(relating to General Provisions) that are inconsistent with this subchapter relating to environmental flow ntmndmr(e and regulation in tileNocceo River, its associated tributaries, oodNucuea, Corpus Christi, and Baffin Bays. This subsection does not affecq_, n aplLiop iation of or ail authorization to store-, It -t water und a p nit or amendment to a water we hop�e that these comments are taken as constructive, as we recognize the difficult task set before the Commission and the valiant efforts of agency staff to contribute to this landmark endeavor to ensure the environmental well-being mf the state ofTexas. Sincerely, Gustavo onzalez, P.E. L) Rocky Freund Director nf Water Operat�0ms Deputy Executive Director City mf Corpus Christi Wweces River Authority Ur|anVVi4ms Carn|a 5errato General Manager Executive Director San Pa1ricio Municipal Water District South Texas Water Authority ,""Mar 'You Brian Connelly Site Director Nueus-�266n1yVV[|D#4 Celanese P41`ip chard District Manager Nueces County VVC|D#3 We hope that these comments are taken as constructive, as we recognize the difficult task set before the Commission and the valiant efforts of agency staff to contribute to this landmark endeavor to ensure the environmental well-being of the state of Texas. Sincerely, AME Harry j cl tz,Jr. NAME "POSITION:C• y torney,Three Mv ",T as POSITION NAME NAME POSITION POSITION NAME NAME POSITION POSITION NAME NAME POSITlON POSITION d AGENDA MEMORANDUM MaaP© a,EO Future Item for the City Council Meeting of 12/17/13 s� Action Item for the City Council Meeting of 1/14/14 DATE: 12/03/2013 TO: Ronald L. Olson, City Manager FROM: Peter Davidson, Marina Superintendent PeterD @cctexas.com 826-3980 Grant application approval to construct 35 transient boat slips to US Fish and Wildlife Service through Texas Parks and Wildlife Department for $502,496.00 CAPTION: Resolution ratifying grant application to US Fish and Wildlife Service through Texas Parks and Wildlife Department for $502,496.00 Boating Infrastructure Grant for Marina boat slips including 35 transient boat slips. PURPOSE: The old wooden dock "R" Pier is rotted and unsafe for its intended purpose. Constructed in 1982 containing 96 boat slips located on the south side of Coopers Alley L-Head. A replacement dock of is proposed to berth 30 - 45 foot boats to include 35 visiting transient boat slips. BACKGROUND AND FINDINGS: The issue is the old wooden dock "R" Pier is rotted and unsafe for its intended purpose. The safe lifespan of wooden boat slips in warm waters is 15-20 years. Constructed in 1982 these docks are 32 years old and contain 96 boat slips located on the south side of Coopers Alley L- Head. A replacement dock is proposed to berth 30 - 45 foot boats to include 35 visiting transient boat slips. Since January 2013 the Marina has lost 11 boats on R-pier due to the poor condition. This has lead to a monthly revenue loss of $2,662 as of November 2013 totaling $29,282.00. This amount does not include 10 out of town boats presently on the waiting list for a 40ft boat slip in the Corpus Christi Marina. New dock with 45ft slips that are in demand Proposed Revenue on New Leased 45ft Boat Slips # of Leased Estimated Estimated Boat Slips Monthly Revenue Yearly Revenue 30 $8,893 $106,722 45 $13,340 $160,083 Note: As of July 2012,when it was decided to no longer lease slips on R-Pier,due to deteriorating condition. Occupancy was at 72%or 65 boat slips out of 96. ALTERNATIVES: None other than replace the entire dock with new. OTHER CONSIDERATIONS: "Not applicable" CONFORMITY TO CITY POLICY: This conforms to the City of Corpus Christi goals to create a vibrant waterfront. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Corpus Christi Marina Advisory Committee voted approval of the proposed new construction. FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 0 0 Encumbered / Expended Amount 0 0 0 0 This item 0 502,496 0 5027496 BALANCE 0 5027496 0 5027496 Fund(s): 4700 Comments: The City Marina is financially able to service debt incurred. Once the Boating Infrastructure Grant has been awarded by the US Fish &Wildlife Department, the City would then send out a Request for Proposal (RFP) for the issuance of debt to rebuild 35 Transient Boat Slips on R-Pier located at the Coopers Alley L-Head. The final invoices would then be submitted the US Fish &Wildlife Department grant fund for reimbursement of 64% of the total project cost with the remainder being the City Marina match. 35 Transient Boat Slips $785,150.00 Grant reimbursement of 64% of the project < $502,496.00 > Balance or"Matching Funds" $282,654.00 RECOMMENDATION: City staff recommends the new construction of the proposed 35 Transient Boat Slips. LIST OF SUPPORTING DOCUMENTS: Resolution Grant application Revenue & Loss Proposed map location Dock Design. City of Corpus Christi Boating Infrastructure Grant Proposal Construction of Slips for Transient Recreational Boaters The Corpus Christi Marina is one of two full-service marinas along the Gulf Coast of Mexico in Texas and has been certified as a Texas Clean Marina including winning the Marina of the Year award. It is located on Corpus Christi Bay in the heart of the Corpus Christi metropolitan area adjacent to the city's entertainment and tourism district. Boaters are drawn to the city's marina as it is located within walking distance to more than 30 tourism venues and numerous shops, restaurants and hotels. City leaders recognize the importance of the municipal marina in defining the character and viability of the city's downtown and tourism industry. As such, the city is embarking on an ambitious $75 million waterfront park, shopping, restaurants and entertainment area adjacent to the marina and seawall called "Destination Bayfront." More details on this project can be found at http://www.destinationbayfront.org. The marina portion of the project includes adding 35 slips for transient recreational 40' boats, new bulkheads and sidewalks around the marina. The marina transient boat improvements costs are estimated at $785,150 thousand broken down as follows: Project Cost 35 new transient boat slips $785,150 The City of Corpus Christi is requesting $502,496.00 in federal assistance through the Boating Infrastructure Grant program to help finance the new transient slip portion of the project. The remainder of the project will be financed with city, state and private funds. The Corpus Christi Marina has frequently been at 98 percent occupancy for the past two years and has had a 40% increase in visiting boaters from 2010 to 2013. The Corpus Christi Marina attracts more than 1660 transient visiting boat night stays, averaging approximately 375 transient boats per year. The high demand for 30ft — 40 ft boat slip in the marina has resulted in turning away an average of 75 boats per year in the past 12 months due to lack of available boat slips. In order to accommodate the demand of visiting vessels, the City of Corpus Christi proposes construction of 35 non-trailable boat slips in the Corpus Christi Municipal Marina. The City of Corpus Christi will retrofit the existing infrastructure to accommodate the 35 floating boat slips and will continue to operate, maintain and provide an array of services and amenities for boaters as a full-service marina. With the City's new development and exciting venues including activities available in the Downtown area, Corpus Christi is becoming a major tourist destination for boaters. (See attached articles). The additional 35 boat slips will allow additional boaters the opportunity to visit Corpus Christi and enjoy a variety of entertaining activities within one mile of the marina. Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 1 1. Plan to construct tie-up facilities or transient p recreational boaters. The City of Corpus Christi proposes to construct 35 floating boat W slips in the Corpus Christi Marina T-Head that will accommodate r4 a 40 foot non-trailerable transient visitin g vessels. ■ The construction of these boat slips includes: ■ Installing 37 pilings ■ Installing 35 dockside electrical shore power systems o 30/50 am p systems // j f ull ■ Potable water system 0 Slips will be constructed along the existing south side of the Coopers Alley L-Head stem of the Marina. =" ■ Construction materials utilized will be mostly recyclable materials. ■ Extremely cost effective as the City of Corpus Christi will be retrofitting existing infrastructure to construct these new boats slips. Federal funding cost per slip is $14,357.00 The City of Corpus Christi will maintain the boat slips in a proper and correct marine manner. This project is within the goals and priorities of Texas Parks and Wildlife and the Governor's office - Economic Development and Tourism Division. r 2. Public/Private partnerships Beside Texas Parks and Wildlife and the U.S. Fish and Wildlife Service, the following public and private entities are providing funding and/or services to accomplish the renovation and improvements to the Corpus Christi Municipal Marina: City of Corpus Christi-will utilize bond funds to renovate the marina bulkheads and sidewalks ($170,000) and provide almost the entire state/local match for the new transient slips. Corpus Christi Municipal Marina Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 2 • Corpus Christi Yacht Club- will provide support services for boaters at the marina, providing boater safety, maintenance and boat handling classes, community sailing programs geared toward kids. Reciprocal out of State transient boating visitors, publicize the marina including marketing to boaters, hosting world and national regattas, stimulating the local economy with thousands of visitors such as the World Melges, World J22, World Optimist, National Youth Sailing Championships with all support and tourist vessels. The Worlds J22 & Optimist Regatta brought in $4.4 mil to the local economy. • Port of Corpus Christi, Port Police - provides marina water security in partnership with the Marina Patrol providing a service worth $25,000 per year. • Corpus Christi Police Department - providing land based patrols through entire marina several times per 24 hour period. • USCG together with Corpus Christi Marine Patrol — assisting in boat rescues averaging 281 Search and Rescue missions per ii year. County Sheriff Department- through a community service program for inmates assisting trash collection of seawall and docks throughout entire marina prior to large boating events. Corpus Christi's Harbor Bridge, the second tallest bridge in Sea Scouts of America - through a community service Texas. program assist in trash collection in lieu boat slip monthly rent of entire seawall and docks throughout marina. ■ USCG AUXILIARY — Provide Boating educational programs throughout year. y Iii M1�� N 3. Innovative techniques Dock construction materials will be mostly of recyclable materials. ��J. f `���i%i�%r U�((VW'1047X � 1yl�i %//%% i°IJ ■ "Specially designed moorings" that benefit transient boats greater than 26 feet in length. Slips accommodating 30 - ,9 40 and larger boats are able to securely moor utilizing 6 mooring lines designed for high winds and storm surges. (two bow, two stern and two spring lines. A total of six mooring points). Pilings will be square DOT specification concrete pilings designed for use in bridge construction for salt water. Dimensions are 14 to 18 inch 55 foot length penetrating into the clay bay soil to 30 feet depth. Boat races on Corpus Christi Bay. Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 3 ■ All dock pilings are concrete especially designed with waterproof reinforced concrete for many years of longevity maximizing the return on investment for more than fifty years of future service. ■ Additional protection is a large rock breakwater separating the marina from incoming waves from the bay or intra coastal waterway. Pilings are to DOT specifications and are in use for bridges spanning over fresh, brackish, and salt water. ■ The Corpus Christ Municipal Marina is located within a hurricane, storm surge and flood zone area. All new boat slips construction are designed as floating docks and are able to handle hurricane force winds to category two, possibly greater with a 14 foot storm surge. ■ All new floating boat slips including transient boat slips have electrical options to accommodate electrical requirements for all vessels. We offer 30; 50; AMP electrical service configurations, with no brown outs. ■ All new boat slips have large cleats to correctly accommodate all mooring line for heavy weather. ■ All new boat slips have a wider beam for easy entry and departure. The Corpus Christi Municipal Marina will implement a comprehensive public awareness/marketing campaign of the availability of recreational transient boater slips to include: • Partnerships with the Convention and Visitors bureau to distribute brochures about the boating facilities at trade shows, conferences, visitor centers throughout Texas. • Direct mail to conferences and tourists. • Internet linkage to boating web sites, marina web sites, and other vacation sites from the City's Marina web site at www.corpuschristimarina.com. • Promotion through the National/Local Boating Industry. Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 4 • The Corpus Christi Marina offers free contaminated bilge water pumpouts including free engine oil pumpouts. This service is paid by the Texas General Land Office and operated by the Corpus Christi Marina saving over $60 million in oil spill clean ups along the Texas coastline preserving wildlife and preventing water pollution. • All transient slips including new floating docks have built in vacuum sewage pumpout for the use of every boat slip. Marketing the Marina (See attachments) • National Marine Manufacturers Association (NMMA) announced the top 10 states for boating based upon annual sales with Texas selling $812 million second to Florida. • National Hot Spot Marina. National Marine Manufacturers Association (NMMA) chose Corpus Christi as the second national Hot Spot in the nation as a coastal city located in South Texas that is a perfect waterfront city for boaters with more than 300 square miles of water. Its marina-called the "- Heads" by local residents-is an excellent base for visiting boaters to see it all. It's also the place to buy Gulf shrimp right off the boat when the fleet returns. Enjoy sailing, cruising, fishing, watersports or a day trip to nearby islands. News, U.S. Sailing, Texas Sea Grant Program The Corpus Christi Municipal Marina will implement a comprehensive public awareness/marketing campaign of the availability of recreational transient boater slips to include: • Partnerships with the Convention and Visitors bureau to distribute brochures about the boating facilities at trade shows, conferences, visitor centers throughout Texas. • Direct mail to conferences and tourists. • Internet linkage to boating web sites, marina web sites, and other vacation sites from the City's Marina web site at www.corpuschristimarina.com. • Promote through the Boating Industry News, U.S. Sailing, Texas Sea Grant Program and Marina Association of Texas and international Marina Association. Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 5 Internet marketing: • The Waterway Guide: http://www.waterwayguide.com/marina close-ups/corpus- christi-municipal-marina • The Boaters Directory: http://boaters.popvp.com/viewSite.aspx?id=1781456 • The City Of Corpus Christi: www.corpuschristimarina.com • Advertising in "Southern Boating" magazine, which has a monthly distribution of more than 42,000 in all U.S. southern states, the Bahamas, and throughout the Caribbean. • Partnerships with the Convention and Visitors Bureau for internet and brochures distribution at trade shows, conferences, visitor centers throughout the USA and Texas. Promotion through the Boating Industry News, U.S. Sailing, Texas Sea Grant Program, the Marina Association of Texas including the International Marina Association. These associations provide interstate and national marketing efforts that assist in bringing transient vessels to the Corpus Christi Municipal Marina. Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 6 4. Match Requirement The new transient slips for which we are requesting BIG funding assistance, is one portion of a larger marina renovation project. The City of Corpus Christi is financing the majority of this work ($2.6 million) through bonds. This renovation is needed to accomodate additional transient and tenant recreational vessels. The City of Corpus Christi is only requesting federal funding assistance through the Boating Infrastructure Grant, Tier Two program of $785,150 of a $2,600,000 or more total project cost. The estimated construction cost of adding 35 new transient slips to the existing marina is as follows: Project Management $29,920 Floating Dock/Walkway $363,550 Dockside Electric $139,400 Corpus Christi Museum of Installation of 37 Pilings $114,648 Science and History, Demolition & Site Preparation $39,712 Columbus Ship Exhibit. p Project Engineering $74,800 Dockside Water $23,120 Total Cost $785,150 0 Only $502,496.00 (or 64%) of Federal BIG program funding w assistance is requested, as the City of Corpus Christi will fund the remainder (36%). 5. Cost Efficient This project is extremely cost effective as construction of the new transient boat slips will utilize existing operational infrastructure at the marina. Therefore, additional amenities will not need to be constructed to accomodate the new boat slips, assisting in the cost effieciency of the project. Boater related amenities currently existing at the marina include: ■ Water, wastewater, electric service ■ Restrooms laundry, shower facilities librar & WiFi ■ Marina security patrol including 24 hour rescue service ■ Complete boat repair boatyard and fuel dock ■ Sanitary pump-out stations Texas State Aquarium, located ■ Contaminated bilge water and oil pump-out service on Corpus Christi Beach, north ■ Dry vessel storage of the Marina. Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 7 • Public boat ramp • Fuel station Boating safety classes Yacht Clubs (two) Marketing, management, and maintenance staff ■ On-site restaurants As a result, the final construction costs for the transient recreational boat slip is less than $22,432.00 per slip, or less than $14,357.00 Federal funds per slip. w 6. Provide a significant link to prominent destination way points. The Intracoastal Waterway Significant Link: The Harbor Playhouse performs if Intracoastal Waterway various plays and musicals "" throughout the year. a � s 1 �'✓// o°��j�� , J 2"46iarwnu'M1 k"u7rr ,�_: ^i w�'¢fir^ __ 1 kNDYr � " i.arayrrt� 'li' Ca "�i SWµ The U.S.S. Lexington Museum is located on Corpus Christi Beach �w� . ,,,,,,wr within the Marina breakwater. I�I°IN Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 8 The Corpus Christi Municipal Marina is the first major marina encountered along the Gulf of Mexico when traveling northbound from Mexico and the Panama Canal, providing safe harbor from ° storms. It is only one of two full service marinas along the Gulf �la Intracoastal Waterway with several boat repair yards in close !, proximity including storage facilities geared toward assisting boaters. iuuV The Waterway extends most of the length of the Eastern Seaboard on its 3,000 mile path with the unofficial northern terminus at the Manasquan River Inlet in New Jersey, extending down to Florida, then wrapping around along the Gulf of Mexico, 1 �r tr through Corpus Christi Bay continuing south to Brownsville, Texas. Navigation through the waterway affords protections from many hazards of open sea travel. The marina is a destination for recreational boaters within walking distance to downtown The Corpus Christi Art Museum shopping, restaurants, hotels, popular attractions such as the and Water Gardens are located Texas State Aquarium, Lexington Aircraft Carrier Museum, within walking distance of the Baseball Stadium, Art Museum of South Texas and more. Marina. The Audubon Society named the Corpus Christi area "The Birdiest City" for the 14th year running, declaring the area as having the most abundant variety of bird species of any location in !7„r„ IwUI„�Iwlniryp% o�wiatINII JV,II,I„I��I�IV�.,,,ii�� iiiiWnull�,%IY c. the USA. Yacht clubs, boat manufacturers and rendezvous boating groups traveling along the eastern seaboard visit Corpus Christi year round, exploring the Intracoastal Waterway's vast natural beauty. The scenic natural wildlife preserve affords transient boaters the enjoyment of viewing the abundant animal life, including the endangered whooping crane, which nests along the banks of Aransas National Wildlife Refuge. Boaters are also able to view many other terrestrial and aquatic species, such as marine mammals, bird species, and can partake in activities such as sport fishing for redfish, trout, tarpon and more along the Laguna Madre. Catch and release fishing is popular along the A King Ranch (Kleberg County) portion of the waterway on the way to Brownsville. Heritage Park, the site of twelve The links below can provide a more detailed study of the Laguna historical Corpus Christi homes, is also located nearby. Madre area: http://www.ucsusa.orq/quIf/qcplaceslag.htmI http://en.wikipedia.org/wiki/Laguna Madre (United States) Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 9 11 " _ 7. Provide access to recreational, historical, natural, or N scenic opportunities of national, regional or local significance. Access Opportunities: In 2004, a $44 million project was completed which resulted in the renovation of Corpus Christi's entire golden two mile long seawall including sidewalks and marina bulkheads. This renovation provides an enhanced experience for pedestrians, bicyclists. The Marina is within walking distance to downtown shopping, restaurants, hotels, and museums, including the downtown entertainment and tourism district plus attractions such as the Texas State Aquarium, Lexington Aircraft Carrier 9 Ali a Museum, Baseball Stadium, Art Museum of South Texas and n more: ■ Corpus Christi Art Museum ■ U.S.S. Lexington �yV` iWri�'r. Mo- Texas State Aquarium Corpus Christi Science and History Museum South Texas Institute for the Arts Museum e Nina, Pinta, and Santa Maria replica ships Harbor Playhouse Philharmonic Orchestra Recitals Water Gardens � R Sandy Beaches �1 Heritage City Park with playground and picnic area Cathedral Symphony Concert Series • n � = Performing arts events at the Selena Auditorium Corpus Christi Convention Center rt' o �� - Multi Purpose Arena — $35 million investment by the City of Corpus Christi. Ice Rays (hockey) games. 9` a Restaurants _ Night Clubs �;,' � Shopping Windsurfing (Corpus Christi is noted as a top destination for windsurfing) ■ Birding overlooks ■ The Corpus Christi Bayfront Corpus Christi Public Library Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 10 8. Economic Impact Supporting tourism is extremely important for the economy in Corpus Christi. Tourism in the Corpus Christi Metropolitan Area generates 10,790 jobs, $624.8 million in travel spending and „ $57.7 million in tax receipts each year. The Corpus Christi Municipal Marina (Marina), located on the Corpus Christi Bayfront, is the only marina in Texas that is located ,,, in the center of a metropolitan area. Vessels visiting the Corpus Christi Marina have easy access to historical and cultural sites , beaches, birding sites, hike and bike trails, and sports events. The additional transient boat slips will make a positive impact on the economy by increasing the number of medium to large non- trailerable vessels visiting Corpus Christi. In addition these transient boat slips will provide the facilities necessary to continue to partner with private organizations to sponsor boating sports events in the Corpus Christi Bay area. Last year, the Corpus Christi Marina attracted more than 1660 transient visiting boat night stays, averaging 375 transient boats per year. The past two years has seen a 40% increase in visiting boaters from 2010 to 2013. Reciprocal out of State transient boating visitors, publicize the marina through word of mouth. Other marketing to boaters (See page 4, marketing), Corpus Christi hosts world and national regattas, stimulating Corpus Christi North Beach the local economy with thousands of visitors attending world class events such as the East Meets West Powerboat Shootout, the World Melges, the World J22's, the World Optimist, National Youth Sailing Championships. Texas A&M University conducted an economic impact study that estimated $4.4 million in direct expenditures into the local economy was generated by just two of these events. Additional transient boat slips assist in procuring these special events such as sport fish tournaments, power boat races and various World Regattas. The marina provides services assisting boaters with hotel and restaurant accommodations including other amenities as needed when docked at the Corpus Christi Marina through the Convention and Visitors Bureau. Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 11 Texas International Boat Show Due to the BIG Grant award of 2006 the impact of this funding was used to assist in building new floating docks for transient vessels and tenants. The new state of the art floating docks then attracted the Texas International Boat Show which debuted in 2007. The economic impact was tremendous with many beneficial results. • The Boat Show at the Corpus Christi Marina spanned an area of 31.5 acres on land and in the water. • Attendance total at the Boat Show was estimated at 40,000 persons for the four days. • Every boat slip in the marina was rented out. • There were over two hundred million worth of boats and RV's on display and for sale. ■ Total boats sold 120. o Three boats in excess of $1 million sold. • One vessel worth $10.8 million was sold by Calixas Yachts. • Rivera Yachts sold over $3 million in total. ■ 300 non trailable boats were on display in the water at the boat show filling the entire marina. • The Ferrari staff out of Houston sold five Maserati's by Saturday afternoon. ■ The two private local Airports, Mercury & Signature Air exhausted all their aircraft parking to accommodate aircraft that flew in from out of state. Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 12 9. Multi State Effort Use of all Transient Boat Slips is 100% by Qualifying Boats: All transient boat slips at the Corpus Christi Municipal Marina are 100% utilized by transient visiting vessels. Transient vessels are logged in by marina staff into the official "Transient Visiting Craft Log Book" checked daily. Transient boat slip docks display official federal signage located at the dock entrance security gate, as shown in the photo below. Brochures, announcements, and advertisements shown on the City of Corpus Christi Municipal Marina web site (www.corpuschristimarina.com) promote appropriate transient vessel marina dockage. I t� l J The Corpus Christi Municipal Marina attracts more than 1660 transient visiting boat night stays, averaging approximately 375 transient boats per year. The high demand for 30ft —40 ft boat slip in the marina has resulted in turning away an average of 75 boats per year in the past 12 months, due to lack of available boat slips for non-trailerable, transient vessels. The vessels travel the Intracoastal Waterway from destinations all along the coastal shorelines of the United States. Demand for Corpus Christi Marina facilities exceeds the current transient vessel capacity requiring additional facilities. Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 13 " '11 0 MARjW The City of Corpus Christi Municipal Marina & Marinas International have teamed together to offer a compliment of services. Marinas International own and operate over 35 Marinas throughout the USA. The purpose of Marina Bridges is to offer the marinas' unique amenities enhancing boater services by utilizing both marina facilities to their fullest capabilities, offering many of the benefits committed to improving the value of visiting boaters by diversifying experience with a variety of activities and privileges. This activity is between specific marinas whom wish to offer a mutual exchange use of their facilities. Participating " marina's include: "r Reciprocal Agreements Out of State & In State With Corpus Christi Municipal Marina are: ° ■ Harborage Marina, St. Petersburg, FL ■ Emeryville Marina, San Francisco, CA ■ South Shore Harbor, New Orleans, LA ■ Marina Del Sol, Kemah, TX Boat races in Corpus Christi Bay. Other vessels visit from: ■ Annapolis City Dock, Annapolis, MD ■ Seaport Landing Marina, Boston, MA ■ Madeira Beach Municipal Marina, Madeira Beach, FL d ■ The Corpus Christi Municipal Marina has a partnership with several Louisiana Marinas to promote each other as boater destinations. Advertisement on the Southern ■ The Corpus Christi Municipal Marina advertises their facilities Boating website. targeting other boaters in nearby states. • Coordinates with the Governor's office—Office of Economic Development and Tourism Division to promote the marina. • Distribution of brochures describing the facilities available for visiting transient vessels and cultural and fishing opportunities. Reciprocal Agreements Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 14 Map of The Texas Gulf Coast Showing Corpus Christi A WS Houston* awbm. Iwo 9deb ooft Nek"Mh M C CrysW Such [lwlnE La Mwgw Shh fty tsa�roa COY* pMapo t !al fta Puft6n R"4paft }mod l erersas Pe" $�r+j"a Ind Is Inabnwo C oron Gulf of MICO art ssauth I►w�dr�EsGlw�lyd Port)salad Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 15 ................... 0 ."_... IrZ 14 zzz. JbI 4r- 4, 'T* 04 SLIP SUMMARV *U LONG Q ...........HTTEWT......- rti MY LONG HY --------------------- FIFT l"EEL 16" X, C6" C M",RETE PILE �41" X 14" (,0114CRETE PHILE CORPUS CHRISTI MUNICIPAL MARINA DOCK ".4,R" REPLACEMENT John P. Kyhl, PE 512-8168-1965 .............. ............. Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 16 0 eei�nUieatiamaaurcam# hopiin o � yf p k,27Ac�res awecd�ac t rm �. a d a " Yachit�C IlcuLi � P- � Kids Boating teswims a me x� Bait Stand,Snacks, Proposed "R"-Bier � � 168 Boat Slips P�o 'e P Boat y Raciing,/Regatta � Pu blllc�Boat �u Staging& Event Area Ramp, � � .,5Arc�n•es ,mow dmb City o of Cuirpus,Christi Marina Colopers,Alley L.Hlle aid Boating Infrastructure Grant Application•Texas Parks and Wildlife Department•City of Corpus Christi-Boat Slips Page 17 Page 1 of 2 Resolution ratifying grant application to US Fish and Wildlife Service through Texas Parks and Wildlife Department for $502,496.00 Boating Infrastructure Grant for Marina boat slips including 35 transient boat slips. Be it resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Council hereby ratifies the submission of a grant application to the US Fish and Wildlife for $502,496.00 Boating Infrastructure Grant for Marina boat slips including 35 transient boat slips. Should matching funds not be authorized by City Council in sufficient time for grant acceptance deadlines, then the grant shall be rejected by the City Manager. Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. Attest: City of Corpus Christi Rebecca Huerta, City Secretary Nelda Martinez, Mayor RESOLUTION -Marina grant application December V5 2013.docx Page 2 of 2 Corpus Christi, Texas of 2014 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott RESOLUTION -Marina grant application December V5 2013.docx r F � rz 0 MO CL co CC �. r l ^^4 Q M u } end x f H wlj Ln r �7 = r �CL +. a� �+ tai ) c m 06 o ro° co w � e� �P� b C 0i CL � uu � .� o -0 YN � �M o o CU net co U 0 a m40 UJ CL � .. ► " 4� C. CL CL CL 00 996I-898-ZI5 Hd `TqX-I 'd utof .LhIawaDv Idaw «X99 IDO(l Vt "VW 'IVJIDINCf1W I,LSIHHHD Sf ld[UOD' Ln DLL- 00 z Z . � M < ¢ v w 0 = N w C) cn N J a o 0 0 o r W a V) — oo ino O W W J_ _J F- Y W W (Y lif O U v0 z z • O O O d0 U U W LLJ or x x • `s (.C) PIS N s I N • � n • • O \, � • o • ro j ,or T .T r •; a •&may .h .o,� VI \ h• � } o� o Ao U O D a Y U O D R-Pier Replacement Proposal Proposal: Build 168 boat slips at $2.6 million, with a Federal Grant of$500,000 that will allow us 133 boat slips to lease; reserves 35 slips for transient visiting vessels only. Debt: $2.6 million total cost -$500,000 Federal Grant, for a difference of $2.1 million over 15 years • Interest estimate @ 4% = yearly amount $186,401 with interest amount of$696,020 Total pay back amount$2,796,020 • Interest estimate @ 3% = yearly amount $174,024 with interest amount of$510,398 Total pay back amount$2,610,398 Pros: New dock with 45ft slips that are in demand Would need to be 30% or 50 slips to cover yearly payment 50 slips @ $296.45 a month = $14,822 x 12mths =$177,864 year Revenue Proposed on Leased New 45ft Slips # of Leased Estimated Estimated Boat Slips Monthly Revenue Yearly Revenue 30 $8,893 $106,722 45 $13,340 $160,083 60 $17,787 $213,444 75 $22,233 $266,805 90 $26,680 $320,166 105 $31,127 $373,527 120 $35,574 $426,888 133 $39,427 $473,134 Note:As of July 2012,when it was decided to no longer lease slips on R-Pier, due to deteriorating condition, the occupancy was at 72%or 65 slips from a total of 96. Since January 2013 we have lost 11 boats on R-Pier due to the condition and currently have 10 boats on a waiting list for 40ft slips. Revenue Lost on Slips Boats Lost Estimated Monthly Estimated Yearly Revenue Lost Revenue Lost 10 $2,722 $28,800 11 $2,994 $35,937 Totals 21 $5,716 $64,737 AGENDA MEMORANDUM .: for the City Council Meeting of December 17, 2013 DATE: December 17, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services constadina @msn.com (361) 826-3227 UPDATE TO CITY COUNCIL Fiscal Year Change STAFF PRESENTER(S): Name Title/Position Department 1. Margie C. Rose Assistant City Manager General Government & Operation Support 2. Constance P. Sanchez Director Financial Services 3. Eddie Houlihan Assistant Director Office of Management and Budget BACKGROUND : The City of Corpus Christi currently has a fiscal year of August 1St through July 31St. Information will be provided on changing the City's fiscal year to October 1 st through September 30th. LIST OF SUPPORTING DOCUMENTS: PowerPoint �"� iaiirrrrrrraJ °„° V11���)IUu,” III Uaaiaiamim� I�'!��fi'� ���I�II IIIIIIIIIIIIIIIIII rrrrrrrrrrrrrrrrrrr, ��'NJllll�r �IIIIIIIIIIIIIR� Hrennaaam��' ��fl" �uu w, /%OOlri���drYr// rir�lJfIIJJJJIIih puy,� @ �fr�DDDyN�w ��uouuuo�lllfu"m�^ iuuio i� uum IIIII�IIII ���IIIIIIIIIIIIIIIIIIIIII ct ct ct U bh ct O U ct ;.-4 U , ct ct r-c� tt U . U U ct O ct 4-4 ct PAO Ct ct p ;-, w 4-4 O ct ct ct � � � ct � ct M 03 O N . . `3 03 03 M uu�q 4J � O � M � � O ct O N O N 03 0 0 M M U '�' U 03 U) 0 a o3 o ct ct ct c O v ct ct ct ct ct u ct 0 ;11111110 t/1 N '� Ct cn . 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