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HomeMy WebLinkAboutAgenda Packet City Council - 04/15/2014 Corpus Christi 1201 Leopard Street d 7s ° p Corpus Christi,TX 78401 . f j tI „N cctexas.com V �y� J 41 u ply � xF Meeting Agenda - Final olltukllffl ""o City Council Tuesday,April 15,2014 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 Chuck Goodwin, Fish for Life Ministries. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations (NONE) F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 411412014 City Council Meeting Agenda-Final April 15,2014 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOWANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: a. City Performance Report -Human Resources b. Other H. EXECUTIVE SESSION: (ITEMS 1 -3) 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. 1. 14-00428 Executive Session pursuant to Section 551.071, Texas Government Code, and Rule 1.05, Texas Disciplinary Rules of Professional Conduct, for consultation with attorneys to seek advice on incursions into the extraterritorial jurisdiction of the City, with possible action and discussion in open session. 2. 14-00429 Executive Session pursuant to Section 551.071, Texas Government Code, and Rule 1.05, Texas Disciplinary Rules of Professional Conduct, for consultation with attorneys to seek advice regarding the proposed Apex wind farm within the extraterritorial jurisdiction of the City, with possible action and discussion in open session. 3. 14-00436 Executive Session pursuant to Texas Government Code Section 551.071(2), Consultation with Attorney, on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code with possible discussion and action in open session Corpus Christi Page 2 Printed on 411412014 City Council Meeting Agenda-Final April 15,2014 I. MINUTES: 4. 14-00425 Regular Meeting of April 8, 2014 Attachments: Minutes-April 8, 2014 J. BOARDS &COMMITTEE APPOINTMENTS: 5. 14-00422 Airport Board Cable Communications Commission Committee for Persons with Disabilities Transportation Advisory Committee Attachments: 04-15-14 Boards-Commissions-Committees K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 6 - 17) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 6. 14-00334 Authorizing forensics building to be constructed at an alternate location due to excessive cost at planned location (Bond 2012) Resolution determining that to construct a portion of the Police Vehicle Impound Yard and Garage Phase 2 - a Bond 2012 Project (Project) at its originally proposed location would be unwise and unnecessary; authorizing the City Manager or designee to proceed with construction of the forensics building portion of the Project at an alternate, more suitable, and less costly location. Attachments: Agenda Memo-Vehicle Impound Yard Phase 2 Forensics Buildinq.pdf Resolution -Vehicle Impound Yard Phase 2 Forensics Buildinq.pdf Location Map-Vehicle Impound Yard Presentation-Vehicle Impound Yard Phase 2 Forensics Buildinq.pdf 7. 14-00344 Engineering design contract amendment no. 1 for Greenwood Corpus Christi Page 3 Printed on 411412014 City Council Meeting Agenda-Final April 15,2014 Wastewater Treatment Plant Process Rehabilitation/Replacement Project Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $32,710, for a total restated fee not to exceed $82,550 for the Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement for additional design, bid, and construction phase services. Attachments: Agenda Memo-Greenwood WWTP Project Budget-Greenwod WWTP Location Map-Greenwood WWTP Contract-Greenwood WWTP Presentation-Greenwood WWTP 8. 14-00321 Approving agreement and purchase of permanent art for Fire Station #5 Motion authorizing the City Manager or designee to execute documents necessary to purchase sculpture created by artist Lynda Jones for a work of permanent art created in glass tile and authorize disbursement of$17,770 from the Bond Fund 3191 for such purchase. Attachments: Agenda Memo- Fire Station#5 artist agreement Attachment- Fire Station#5 drawing Artist Agreement-Fire Station#5 9. 14-00303 Second Reading Ordinance - Exempting The Grand Reserve Subdivision Unit 2, located between Glenoak and Caribbean Drives and East of Flour Bluff Drive, from the wastewater lot/acreage fees (1st Reading 4/8/14) Ordinance exempting The Grand Reserve Subdivision Unit 2, a subdivision located between Glenoak and Caribbean Drives, East of Flour Bluff Drive, 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. Attachments: Agenda Memo-Sanitary Sewer Connection, The Grand Reserve Subdivision U Ordinance-Sanitary Sewer Connection, The Grand Reserve Subdivision Unit 2 Location Map-Sanitary Sewer Connection, The Grand Reserve Subdivision Un Agreement-Sanitary Sewer Connection, The Grand Reserve Subdivision Unit Wastewater Master Plan Map-Sanitary Sewer Connection, The Grand Reserve 10. 14-00217 Second Reading Ordinance - Participation agreement for the bridge on South Oso Parkway (1st Reading 4/8/14) Corpus Christi Page 4 Printed on 411412014 City Council Meeting Agenda-Final April 15,2014 Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with VOJO Ventures, LLC, Developer of The Coves at Lago Vista Unit 3B, in the amount of$171,451.95 for the City's portion of the cost of the South Oso Parkway Bridge over King Estates Ditch, in accordance with the Unified Development Code. Attachments: Agenda Memo- Participation Agmt, Coves at Lago Vista Unit 3B Ordinance- Participation Agmt, Coves at Lago Vista Unit 3B Agreement-Coves at Lago Vista Unit 3B,Signed Location Map- Participation Agmt, Coves at Lago Vista Unit 3B Exhibits 1-4-Participation Agmt, Coves at Lago Vista Unit 3B 11. 14-00319 Second Reading Ordinance - Appropriating funds for replacement of Gulf beach lifeguard stand (1st Reading 418114) Ordinance appropriating $11,500 from additional revenue in Fund No. 1020 General Fund, Parks and Recreation operating budget for the replacement of Gulf beach lifeguard stand; changing FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenues and appropriations by $11,500 each. Attachments: Agenda Memo- Lifeguard stand approp Ordinance- Lifeguard Stand approp 12. 14-00320 Second Reading Ordinance -Accepting and appropriating Regional partial grant for the Elderly Nutrition Program (1 st Reading 418114) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $219,808 partial grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2014 Senior Community Services, Elderly Nutrition Program. Attachments: Agenda Memo- ENP FY14 Grant Award#2 Ordinance- ENP FY14 Grant Award#2 Agreement- ENP FY14 ENPAA3-1148-4 13. 14-00322 Second Reading Ordinance - Accepting and appropriating State grant for home delivered meals for the elderly (1st Reading 418114) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $62,142.63 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2014 Senior Community Services - Texans Feeding Texans. Corpus Christi Page 5 Printed on 411412014 City Council Meeting Agenda-Final April 15,2014 Attachments: Agenda Memo-Texans Feeding Texans Grant 2014 Ordinance-Texans Feeding Texans Grant 2014 Agreement-Texans Feeding Texans 2014 Grant Award 14. 14-00335 Second Reading Ordinance - Engineering design contract for Old Robstown Road from State Highway 44 to Leopard Street (Proposed 2014 Bond Election) (1st Reading 4/8/14) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $127,540.00 from Storm Water CIP Fund 3494, $66,320.80 from Wastewater CIP Fund 4510, and $61,219.20 from Water CIP Fund 4479 to the Bond 2014 Street Project Old Robstown Road from State Highway 44 to Leopard Street; increasing expenditures in the amount of $255,080.00; and authorizing the City Manager, or designee, to execute an engineering design contract with CH2M Hill Engineers, Inc., a Delaware Corporation with Branch office in Corpus Christi, Texas in the amount of $554,390.00 for Old Robstown Road from State Highway 44 to Leopard Street. Attachments: Agenda Memo-Old Robstown Road BOND 2014 Ordinance-Old Robstown Road Project Budget-Old Robstown Road-with formulas Location Map-Old Robstown Road Contract-Old Robstown Road Presentation-Old Robstown Road 15. 14-00345 Second Reading Ordinance - Construction contract for Runway 13-31 Extension/Displacement and Connecting Taxiway (1st Reading 4/8/14) Ordinance appropriating $23,277,531 from the Federal Aviation Administration Grant No. 3-48-0051-050-2013 in the No. 3020 Airport Capital Improvement Fund for the following projects: 13/31 Runway Extension Displacement and Connecting Taxiway, 1,000 ft Extension Displacement and Connection of Taxiways, Expansion of the North GA Apron, Reconstruction of the East GA Apron, Reconstruction of the Air Carrier Taxilane, Extension of Taxiway F, and Runway 18-36, NAVIDS, Site Work and Installation of Gate 1013; changing the FY 2013-2014 Capital Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $23,277,531; and authorizing the City Manager or designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $34,766,637.10 for the 13/31 Runway Extension Displacement and Connecting Taxiway Project for the Base Bid plus Additive Alternates 1 - 8. Corpus Christi Page 6 Printed on 411412014 City Council Meeting Agenda-Final April 15,2014 Attachments: Agenda Memo-Construction CCIA 13-31 Runway Ordinance-Construction CCIA 13-31 Runway Project Budget-Construction CCIA 13-31 Runway.pdf Location Map.pdf Presentation-Construction CCIA 13-31 Runway 16. 14-00360 Second Reading Ordinance - Lease agreement with Brooks Chapel for property located at 1517 Winnebago (1st Reading 418114) Ordinance authorizing the City Manager or designee to execute a lease with Brooks Chapel for property located at 1517 Winnebago for a term of one year, with a four year renewal option. Attachments: Agenda Memo- Brooks Chapel Lease Agreement Ordinance- Brooks Chapel Lease 2014 Lease- Brooks Chapel 17. 14-00347 Second Reading Ordinance -Appropriating funds for marketing and co-promotion expenditures at the American Bank Center(1st Reading 418114) Ordinance appropriating $100,000 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co-Promotion Expenditures; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase revenue by $100,000 and expenditures by $200,000. Attachments: Agenda Memo-ABC Marketing CoPromotion Funding Ordinance-ABC Marketing CoPromotion Funding Summary-ABC Marketing Co-Promotion Events M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEM 18) 18. 14-00367 First Reading Ordinance -Accepting and appropriating State grant for Click It Or Ticket program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$19,993.11 from the State of Texas, Department of Transportation for the FY2014 Click It Or Ticket program grant; and appropriating the $19,993.11 in the Corpus Christi Page 7 Printed on 411412014 City Council Meeting Agenda-Final April 15,2014 No. 1061 Police Grants Fund. Attachments: Agenda memo CIOT 04.15.2014 Ordinance-Click it or ticket-2014 P. FUTURE AGENDA ITEMS: (ITEM 19) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 19. 14-00346 Service amendment No. 1 to Employer-Sponsored Wellness Clinic Motion authorizing the City Manager or designee to execute amendment No. 1 to the service agreement with H2 Wellness Centers, LLC d.b.a. First Onsite (H2U) of Nashville, Tennessee, in the amount of$495,750, of which $97,708.33, is required for FY 2013-2014. Funds are budgeted in the Other Employee Benefits Fund. Attachments: Agenda Memo-Amendment No 1 to Employer-Sponsored Wellness Clinic Price Sheet-Amendment No 1 to Employer-Sponsored Wellness Clinic Amendment-Amendment No 1 to Employer-Sponsored Wellness Clinic Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 20 -23) The following items are for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 20. 14-00374 Annual Report of the Commission on Children and Youth Attachments: Agenda Memo-Presentation CCY2014 Presentation- Update CCY final risk factors and trend analysis report Final Jan 2014 Economic Deprivation final 9 2013 Family Management final 9 2013 Education final 9 2013 Household data 9 2013 Early Onset of Delinquency final 2013 Adult Alcohol and Drug Use final 2013 draft Youth Alcohol and Drug Use final 2013 Teen Pregnancies Final 2013 Heath Issues final 9 2013 revised 21. 14-00364 Tire Storage, Transportation, and Disposal Attachments: Agenda Memo-Tire Ordinance 3-26-2014.pdf Ordinance- Draft Tire Storage.pdf Presentation-Tire Ordinance 4-15-2014 v7 Corpus Christi Page 8 Printed on 411412014 City Council Meeting Agenda-Final April 15,2014 22. 14-00377 New Broadway Wastewater Treatment Plant Attachments: Agenda Memo- New Broadway VVVVTP Project Budget - New Broadway VVVVTP Presentation PPT-New Broadway VVVVTP-April 15 23. 14-00387 Local Street Reconstruction Program Attachments: Agenda Memo- Local Street Reconstruction Program Presentation- Residential Reconstruction 4-10-14 R. ADJOURNMENT Corpus Christi Page 9 Printed on 411412014 Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,April 8,2014 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 Rabbi Kenneth D. Roseman, Congregation Beth Israel. Rabbi Kenneth D. Roseman gave the invocation. C. Pledge of Allegiance to the Flag of the United States. Assistant City Manager Gus Gonzalez gave the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and stated that a quorum of the Council and required Charter Officers were present to conduct the meeting. City Secretary Huerta announced that Mayor Pro Tern Priscilla Leal has been granted a leave of absence. Mayor Martinez announced that due to the absence of Mayor Pro Tern Leal, she will rotate the Mayor Pro Tern position during April and May. Charter Officers: City Manager Ron Olson, Interim City Attorney Barney L. Knight,and City Secretary Rebecca Huerta. Present: 8- Council Member Kelley Allen,Council Member David Loeb,Mayor Nelda Martinez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen McIntyre,Council Member Lillian Riojas, and Council Member Rudy Garza Absent: 1 - Council Member Priscilla Leal E. Proclamations /Commendations 1. Proclamation declaring April 6-12, 2014, as "National Crime Victims' Rights Week" Proclamation declaring April 7-11, 2014, as "Human Trafficking Awareness Week" Corpus Christi Page 1 Printed on 411012014 City Council Meeting Minutes April 8, 2014 Proclamation declaring April 24, 2014, as "Pay It Forward Day" Proclamation declaring April 2014, as "Corpus Christi Safe Digging Month" Proclamation declaring April 2014, as "Sexual Assault Awareness & Prevention Month" Mayor Martinez presented the proclamations. 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 called for comments from the audience.Johnny French spoke regarding the opossum policy. Dr. Tony C. Diaz and Abel Alonzo spoke regarding the hard work by City staff and officials on addressing the water supply.Art Norman spoke regarding war games being conducted at Oso Creek Park and asked the Police Department to enforce the ordinances violated by this activity. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. b. Other 1) City Manager Olson introduced the"City Employee of the Quarter" Mary Ann Reddy with the Engineering Services Department.2)The American Institute of Architects(AIA) has approved the Regional/Urban Design Assistant Team (R/UDAT)study for the greater downtown area. 3)The Texas General Land Office(GLO) provided an update on the recent oil spill and reported that the spill has been cleaned up with no reports of negative affects. 4)The City applied for a grant in conjunction with the rebuilding of a marina pier and has received approval for the grant in the amount of$502,000 from Texas Parks and Wildlife.5) Mr. Olson invited the City Council to attend the City Employee Talent Show scheduled for May 10th at the American Bank Center Selena Auditorium. a. City Performance Report -Health Department Director of Public Health Annette Rodriguez provided a briefing on the operations, mission and goals of the Health Department. I. MINUTES: 4. City Council Retreat of March 4, 2014 and Regular Meeting of March 25, 2014 Corpus Christi Page 2 Printed on 411012014 City Council Meeting Minutes April 8, 2014 Mayor Martinez called for approval of the minutes. Council Member Loeb made a motion to approve the minutes,seconded by Council Member Garza and passed unanimously. J. BOARD &COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 5 - 10) Approval of the Consent Agenda Mayor Martinez deviated from the agenda and called for the consent agenda. There were no comments from the Council or the public. The following consent agenda was passed by one vote as follows: 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 5. Service Agreements for Storm Water Improved ROW Strip Mowing and Bayfront Parks and Medians Turf and Grounds Maintenance Motion approving service agreements with the following companies, in the following amounts for Storm Water Improved ROW Strip Mowing and Bayfront Parks and Medians Turf and Grounds Maintenance in accordance with Bid Invitation No. BI-0079-14, based on lowest responsible bid for an estimated annual expenditure of$673,540.40 of which $336,770.20 is required for the remainder of FY 2013-2014. The terms of the contracts will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractors and the City Manager or designees. Funds have been budgeted by the Utilities and Parks and Recreation Departments in FY 2013-2014. Storm Water Improved ROW Bayfront Parks & Medians Strip Mowing Turf& Grounds Maintenance Aspen Lawn Care D-Bar Contractors Corpus Christi, TX. San Benito, TX $109,399.90 $152,423.60 D-Bar Contractors Maldonado Nursery & Corpus Christi Page 3 Printed on 411012014 City Council Meeting Minutes April 8, 2014 San Benito, TX Landscape, Inc. $52,186.40 Corpus Christi, TX $211,131.90 Dorame General Repair& Lawn, LLC Corpus Christi, TX $101,346.00 Maldonado Nursery & Landscape, Inc. Corpus Christi, TX $47,052.60 Total: $309,984.90 Total: $363,555.50 Grand Total $673,540.40 This Motion was passed on the Consent Agenda. Enactment No: M2014-044 6. Supply agreement for liquid aluminum sulfate for use at the O. N. Stevens water treatment plant Motion approving a supply agreement with General Chemical Performance Products LLC, Parsippany, New Jersey for liquid aluminum sulfate in accordance with Bid Invitation No. BI-0090-14 based on lowest responsible bid for an estimated annual expenditure of$1,248,390.00, of which $624,195.00 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 Utilities Department in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-045 7. Supply agreement for hot tap fittings for repairing or adding lines for new gas service Motion approving a supply agreement with M.T. Deason Company, Inc., Birmingham, Alabama for hot tap fittings in accordance with Bid Invitation No. BI-0093-14 based on only bid for an estimated annual expenditure of$90,264.00, of which $45,132.00 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 Utilities Department in FY 2013-2014. Corpus Christi Page 4 Printed on 411012014 City Council Meeting Minutes April 8, 2014 This Motion was passed on the Consent Agenda. Enactment No: M2014-046 8. Second Reading Ordinance -Amending the Unified Development Code by increasing time limit for Council action on applications (1st Reading 3/25/14) Ordinance amending the Unified Development Code by revising subsections 3.3.3.0 and 3.4.2.D regarding City Council final action on Zoning Map amendments (rezonings), and historic overlay districts or landmark designations; and providing for severance, penalties, and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030147 9. Second Reading Ordinance -Amending the Fiscal Year 2013-14 Operating Budget to extend it by two months (1st Reading 3/25/14) Ordinance amending the Fiscal Year 2013-2014 Operating Budget adopted by Ordinance No. 029915 to extend fiscal year 2013-2014 two months, by increasing total revenues by $111,715,725 and total expenditures by $106,187,250 in the General Fund, Internal Service Funds, Enterprise Funds, and Special Revenue Funds. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030148 10. Second Reading Ordinance -Type A Agreement for Hausman Foods, LLC (1st Reading 3/25/14) Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Hausman Foods, LLC ("Hausman") to provide a grant of up to $205,920, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Hausman Business Incentive Agreement for the creation of jobs; and appropriating $205,920 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Hausman; and changing the FY 2013-2014 operating budget, adopted by Ordinance No. 029915, by increasing proposed expenditures by $205,920. This Ordinance was passed on second reading on the Consent Agenda. Corpus Christi Page 5 Printed on 411012014 City Council Meeting Minutes April 8, 2014 Enactment No: 030149 M. PUBLIC HEARINGS: (ITEMS 11 - 12) 11. Public hearing regarding a "Substantial Amendment" to the FY2013-2014 Consolidated Annual Action Plan to extend the current Fiscal Year Public hearing to inform the general public of the extension of the FY2013-2014 Consolidated Annual Action Plan which will be August 1, 2013 to September 30, 2014 and to allow for public comment. Mayor Martinez referred to Item 11. Director of Housing and Community Development Eddie Ortega stated that the purpose of this item is to hold a public hearing for a substantial amendment to the FY2013-2014 Consolidated Annual Action Plan. Mr. Ortega reported that the agenda memo referenced the comment period regulation 24 CFR 94.115 and it should have read 24 CFR 91.105. Council Member Loeb made a motion to open the public hearing, seconded by Council Member Scott.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 Scott and passed. 12. Public Hearing and First Reading Ordinance -Exempting The Grand Reserve Subdivision Unit 2, located between Glenoak and Caribbean Drives and East of Flour Bluff Drive, from the wastewater lot/acreage fees Ordinance exempting The Grand Reserve Subdivision Unit 2, a subdivision located between Glenoak and Caribbean Drives, East of Flour Bluff Drive, 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. Mayor Martinez referred to Item 12. Interim Director of Development Services Barney Williams stated that the purpose of this item is to exempt The Grand Reserve Subdivision Unit 2 from wastewater lot/acreage fees because it is unlikely that the subdivision will receive wastewater within the next 15 years. Mr.Williams stated that Planning Commission and staff were in favor of the exemption. Council Member McIntyre made a motion to open the public hearing,seconded by Council Member Magill.There were no comments from the Council or the public. Council Member Loeb made a motion to close the public hearing,seconded by Council Member McIntyre and passed.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 Corpus Christi Page 6 Printed on 411012014 City Council Meeting Minutes April 8, 2014 H. EXECUTIVE SESSION: (ITEMS 2 -3) Mayor Martinez deviated from the agenda and referred to the day's executive sessions.The Council went into executive session. 2. Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys to seek advice on contract matters, with possible action and discussion in open session. This E-Session Item was discussed in executive session 3. Executive Session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation related to the city wastewater systems, with possible discussion and action in open session. The Council returned from executive session. Mayor Martinez stated that the following motion was discussed in e-session for Council consideration: Motion to amend legal services agreement with Lloyd Gosselink to authorize funding up to$900,000 for subcontracts for additional technical evaluation of wastewater systems,subject to certification of funds. Council Member McIntyre made a motion to approve the motion as presented, seconded by Council Member Loeb,and passed. Enactment No: M2014-043 N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 13 -20) 13. First Reading Ordinance - Participation agreement for the bridge on South Oso Parkway Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with VOJO Ventures, LLC, Developer of The Coves at Lago Vista Unit 3B, in the amount of$171,451.95 for the City's portion of the cost of the South Oso Parkway Bridge over King Estates Ditch, in accordance with the Unified Development Code. Mayor Martinez referred to Item 13. Interim Director of Development Services Barney Williams stated that the purpose of this item is to authorize execution of a participation agreement with VOJO Ventures, LLC,developer of The Coves at Lago Vista Unit 313, in the amount of$171,451.95 for the City's portion of the cost for the South Oso Parkway Bridge.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 Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Corpus Christi Page 7 Printed on 411012014 City Council Meeting Minutes April 8, 2014 Absent: 2- Council Member Leal and Council Member Scott Abstained: 0 14. First Reading Ordinance - Appropriating funds for replacement of Gulf beach lifeguard stand Ordinance appropriating $11,500 from additional revenue in Fund No. 1020 General Fund, Parks and Recreation operating budget for the replacement of Gulf beach lifeguard stand; changing FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenues and appropriations by $11,500 each. Mayor Martinez referred to Item 14. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to appropriate funds collected to replace a lifeguard stand that was vandalized. Mr. Morris reported that the perpetrator was caught and required to pay for the damages. 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 15. First Reading Ordinance -Accepting and appropriating Regional partial grant for the Elderly Nutrition Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $219,808 partial grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2014 Senior Community Services, Elderly Nutrition Program. Mayor Martinez referred to Item 15. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to appropriate the annual grant funding for the Elderly Nutrition Program in the amount of$219,808.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 16. First Reading Ordinance - Accepting and appropriating State grant for home delivered meals for the elderly Corpus Christi Page 8 Printed on 411012014 City Council Meeting Minutes April 8, 2014 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $62,142.63 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2014 Senior Community Services - Texans Feeding Texans. Mayor Martinez referred to Item 16. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to appropriate grant funds for the home delivery program, Meals on Wheels. 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 17. First Reading Ordinance - Engineering design contract for Old Robstown Road from State Highway 44 to Leopard Street (Proposed 2014 Bond Election) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $127,540.00 from Storm Water CIP Fund 3494, $66,320.80 from Wastewater CIP Fund 4510, and $61,219.20 from Water CIP Fund 4479 to the Bond 2014 Street Project Old Robstown Road from State Highway 44 to Leopard Street; increasing expenditures in the amount of $255,080.00; and authorizing the City Manager, or designee, to execute an engineering design contract with CH2M Hill Engineers, Inc., a Delaware Corporation with Branch office in Corpus Christi, Texas in the amount of $554,390.00 for Old Robstown Road from State Highway 44 to Leopard Street. Mayor Martinez referred to Item 17. Executive Director of Public Works Dan Biles stated that the purpose of this item is to execute an engineering design contract for the Old Robstown Road project as part of the proposed 2014 bond election.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 18. First Reading Ordinance - Construction contract for Runway Corpus Christi Page 9 Printed on 411012014 City Council Meeting Minutes April 8, 2014 13-31 Extension/Displacement and Connecting Taxiway Ordinance appropriating $23,277,531 from the Federal Aviation Administration Grant No. 3-48-0051-050-2013 in the No. 3020 Airport Capital Improvement Fund for the following projects: 13/31 Runway Extension Displacement and Connecting Taxiway, 1,000 ft Extension Displacement and Connection of Taxiways, Expansion of the North GA Apron, Reconstruction of the East GA Apron, Reconstruction of the Air Carrier Taxilane, Extension of Taxiway F, and Runway 18-36, NAVIDS' Site Work and Installation of Gate 1013; changing the FY 2013-2014 Capital Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $23,277,531; and authorizing the City Manager or designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $34,766,637.10 for the 13/31 Runway Extension Displacement and Connecting Taxiway Project for the Base Bid plus Additive Alternates 1 - 8. Mayor Martinez referred to Item 18. Executive Director of Public Works Dan Biles stated that the purpose of this item is to appropriate and award a construction contract for the Runway 13/31 Extension/Displacement and Connecting Taxiway project for the Base Bid plus Additives Alternates 1-8 with four(4)additives contingent upon Federal Aviation Administration (FAA) funding. Mr. Biles presented the project scope, schedule and budget.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 19. First Reading Ordinance - Lease agreement with Brooks Chapel for property located at 1517 Winnebago Ordinance authorizing the City Manager or designee to execute a lease with Brooks Chapel for property located at 1517 Winnebago for a term of one year, with a four year renewal option. Mayor Martinez referred to Item 20. Director of Housing and Community Development Eddie Ortega stated that the purpose of this item is to execute a lease agreement with Brooks Chapel for property located at 1517 Winnebago. 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 Corpus Christi Page 10 Printed on 411012014 City Council Meeting Minutes April 8, 2014 20. First Reading Ordinance -Appropriating funds for marketing and co-promotion expenditures at the American Bank Center Ordinance appropriating $100,000 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co-Promotion Expenditures; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase revenue by $100,000 and expenditures by $200,000. Mayor Martinez referred to Item 20.Assistant City Manager Wes Pierson stated that the purpose of this item is to appropriate$100,000 from the Unreserved Fund Balance in the Arena Facility Fund and appropriate to the Visitors Facility Fund forAmerican Bank Center Marketing and Co-Promotion. Mr. Pierson said these funds are used as an incentive for securing special events at the American Bank Center Arena.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 21 -24) Mayor Martinez referred to the Future Agenda. Mayor Martinez announced that Item 21 was withdrawn. City Manager Olson stated that staff did not have any planned presentations. 21. Agreement for Bond Counsel Services Motion authorizing the City Manager to enter into an agreement with Fulbright &Jaworski, LLP of San Antonio, Texas to perform bond counsel services for the City of Corpus Christi. This Motion was withdrawn 22. Authorizing forensics building to be constructed at an alternate location due to excessive cost at planned location (Bond 2012) Resolution determining that to construct a portion of the Police Vehicle Impound Yard and Garage Phase 2 - a Bond 2012 Project (Project) at its originally proposed location would be unwise and unnecessary; authorizing the City Manager or designee to proceed with construction of the forensics building portion of the Project at an alternate, more suitable, and less costly location. This Resolution was recommended to consent agenda Corpus Christi Page 11 Printed on 411012014 City Council Meeting Minutes April 8, 2014 23. Engineering design contract amendment no. 1 for Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement Project Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $32,710, for a total restated fee not to exceed $82,550 for the Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement for additional design, bid, and construction phase services. This Motion was recommended to consent agenda 24. Approving agreement and purchase of permanent art for Fire Station #5 Motion authorizing the City Manager or designee to execute documents necessary to purchase sculpture created by artist Lynda Jones for a work of permanent art created in glass tile and authorize disbursement of$17,770 from the Bond Fund 3191 for such purchase. This Motion was recommended to consent agenda Q. BRIEFINGS TO CITY COUNCIL: (NONE) R. ADJOURNMENT The meeting was adjourned at 1:59 p.m. Corpus Christi Page 12 Printed on 411012014 a. AIRPORT BOARD —Three (3)vacancies with terms to 4-4-17. DUTIES: To advise the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. COMPOSITION: Ten (10) members appointed by the City Council for three-year terms. All members shall serve for three-year staggered terms. Members must be residents of Corpus Christi. ORIGINAL MEMBERS TERM APPTD. DATE *****George B. Richard 04-04-14 05-20-08 Robert A. Williams 04-04-14 01-21-14 *William McCord 04-04-14 04-13-10 *Donald M. Feferman, Chair 04-04-14 04-12-11 Wayne M. Squires 04-04-15 02-28-12 Dana Gunter 04-04-15 05-08-12 Kelly Harlan 04-04-15 05-08-12 Alex Garcia, Jr. 04-04-16 05-14-13 Shawn Morgan 04-04-16 05-14-13 Mary Helen Dunnam 04-04-16 09-10-13 **Jay Wise, Advisory, non-voting 04-04-14 Lend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MEETINGS NO. %OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR William McCord 9 7 (lexc) 78% Donald M. Feferman 9 8(lexc) 89% INDIVIDUALS EXPRESSING INTEREST Glenna S. Elliff 14310 Fairway Dr, 78410 Retired. Formerly employed with Alief Independent School District. Former General Manager/Owner of Jennings Chevrolet Company in Robstown, Texas. Attended Robstown High School and Texas A&I University at Kingsville, Texas. Activities include: Board Member of Nueces County Water Board #3. (7123113) Marc A. Gonzalez 7322 Taldora, 78414 Director of Infrastructure Operations, Department of the Army at Corpus Christi Army Depot. Received a BA from University of Texas at San Antonio, Master of Aeronautical Science from Embry-Riddle Aeronautical University, and currently working on MBA at Texas A&M University- Corpus Christi. Commissioned Officer U.S. Air Force for 18 years. Activities include: Leadership Corpus Christi, Class 39. (4123113) Antonio Illas 1701 Ennis Joslin Rd, 78412 Special Agent. U.S. Dept. of Homeland Security. Received B.A. in History, Central Connecticut State Univ., and MDiv, Seminario Evangelico de Puerto Rico, San Juan, Puerto Rico, current PhD Student in History, Centro de Estudios Avanzados de Puerto Rico y el Caribe, San Juan, Puerto Rico. Activities include: Texas Army National Guard, Chaplain, and Christian Reformed Church in North America, ministry associate. Veteran of Operation Enduring Freedom. (2127113) Glenn R. Jones 7530 Beau Terre, 78414 Community Plans and Liaison Officer, Naval Air Station Kingsville. Received a BS in Business Economics from State University of New York. Retired Sr. Chief Navy Air Traffic Controller (23 yrs). Also is a Realtor with Coldwell Banker Pacesetter Steel (3 yrs). Activities include: City of Kingsville Development Review Board, City of Kingsville Chamber of Commerce, Kingsville Noon Rotary Club, Kingsville Navy League, L. E. Ramey Golf Course Advisory Committee. (7122113) Rick Jones 5618 Cory St., 78414 General Manager, Mike Shaw Toyota. Community Activities: Junior League, Ducks Unlimited, Nueces County Livestock Show, Kingsville Naval Air Base. Recipient of Corpus Christi Under 40 Award, GM Standards for Excellence Award and Toyota President Award. (12123113) Harold Charles Kaffie, Jr. 430 Grant Pl., 78411 President, Kaffie Investment Co. and Partner, Kaffie Bros. Received Bachelor of Business Administration from Southern Methodist University in Dallas, Texas and Master of Business Administration from University of Texas in Austin. Attended London School of Economics and Political Science. Current Community Activities include: P.D.A.P., Director. Past Involvement includes: Corpus Christi Symphony, Easter Seals, Charlie's Place, St. James School, Coastal Bend Women's Shelter, Art Museum of South Texas, Coastal Bend Aids Foundation, SATP Volunteer, CHRISTUS Spohn Health Systems. Texas A&M University-Corpus Christi and the Texas Permanent School Fund. (2120114) Gordon W. Lester 7010 Chiswick Dr, 78413 Chief Pilot, Sikorsky Aircraft Corporation. Received a BA in Airport Management from Troy University and MBA from Webster University. Holds FAA Commercial Certificate in Airplanes (SE & ME), Helicopters and Gliders. Certified Flight Instructor. Former Sikorsky Program Manager for Partnership with CCAD (`04-'09). (7/22/13) Eldon McQueen 1102 Leopard St., 78401 Aerospace Engineer, Sikorsky Aircraft Company, A United Technologies Subsidiary, Corpus Christi Army Depot. Received a Master of Science in Computer Science and Information Technology Management from Boston University. Aerospace Engineer, Flight Crew and Military Veteran. Community Activities: Martial Arts Instructor and Youth Development for YMCA, Charter Schools and Boys and Girls Clubs. (10123113) Burris W. McRee 5717 Oso Parkway, 78414 Real Estate Broker/Owner, Gulftex Properties, Inc. Holds Certified Property Manager (CPM) and Certified Commercial Investment Member (CCIM) designations from the National Association of Realtors, serves on Board of Directors for two commercial condominium owners associations and Co-Chairman in 2012 for Corpus Christi Chapter of Ducks Unlimited. (7125113) Mike Munoz 1058 DeForrest, 78404 Project Manager, B.E. Beecroft Company, Inc. Community Activities: Nueces County A&M Club (President) and Leadership Corpus Christi Alumi (Class of 41). (8/27/13) Guy Nickleson 7949 Grizzley, 78411 CEO/Founder, LEAD First Foundation. Received a BA in Marketing from Texas A&M-Corpus Christi. Former Director of the YMCA of the Coastal Bend for 16 years. Also, former Educator with CCISD for 9 years. Activities include: founder YMCA's Youth and Government program, received the "Living the Dream" award by K111- TV, also awarded The Tom Joiner Show Award for outstanding youth role model, former member City's Commission on Children and Youth, training board for new Police Officers, Mentors Network. Also received awards from HI-ALCO Neighborhood Council and Community Action Agency for work with youth and families. (7/23/13) Timothy M. O'Brien 15234 Main Royal Dr, 78418 Pilot, Coastal Drilling Company. Received an Associates of Applied Science (AAS) in Flight Technology from Alabama Aviation College in Ozark and a BS in Economics with Math emphasis from the University of Wisconsin at Madison. Commissioned Notary Public, State of Texas. (2126113) Leo Rios 421 Sharon, 78412 Realtor, Remax Associates. Activities include: Leadership Corpus Christi Class 40, Texas Realtors Political Action Committee, Buccarader, and Knights of Columbus. (Willing to resign from the Landmark Commission) (07/31/13) Lyndon E. Smiling 221 Clearview Dr, 78418 Operations Manager, Sikorsky Aircraft. Received a BS in Technical Management; Minor in Logistics. Currently enrolled in Embry-Riddle Aeronautical University (ERAU) in the Master of Science in Management (MSM) Program. Retired U.S. Navy. Activities include: various fundraisers for USO, March of Dimes, Juvenile Diabetes and other charities. (06104113) William D. Strawn 5014 Cape Romain, 78412 Retired. Former TxDOT Grant Manager/State Planner. Received BBA in Transportation Management from University of Texas at Austin, an MA in Management from University of Nebraska. Retired USAF Officer. Pilot for U.S. Coast Guard Auxiliary. Activities include: Parkway Presbyterian Church and Finance Committee, Vice- Commander Corpus Christi Flotilla of VSCG Auxiliary, City Ethics Commission member. (Willing to resign from the Ethics Commission if appointed to this board.) (7/25/13) Joseph C. Wise, Jr. 7701 Cisco Dr., 78413 Senior Vice-President - Investments, Merrill Lynch. Served in the United States Marine Corps. Graduated with Honors from Del Mar College and received a B.S. in Technology from University of Houston. Hobbies include: Running, Swimming, Biking and Karate. Community Activities include: Citizens in Support of the Corpus Christi Police Department, U.S.S. Lexington, Grace Presbyterian Church, Del Mar Foundation, Del Mar Alumni Association, Del Mar Former Student Association, Catholic Charities, patriot Guard Riders, Special Olympics, Boy Scouts of America, and Metro Ministries. Previously Served as a Member on the Airport Board from 2006 to 2012. (Currently Serves as an Advisory, Non-Voting Member of the Airport Board.) (4/2/14) b. CABLE COMMUNICATIONS COMMISSION — Two (2) vacancies with terms to 7- 27-14 and 7-27-16. DUTIES: To advise the City Council on adherence to the provisions of any franchise agreement approved by the City Council, recommend regulations, encourage, develop and promote the use of access channels, assure that access channels offer a diversity of programming and services, work with user groups to develop sources of funding, conduct evaluations of the cable system and review and audit reports, and advise the City Council on rate adjustment requests. COMPOSITION: It shall consist of five residents of the City of Corpus Christi appointed by the City Council. No person or employee with ownership interest in a cable communications franchise granted by the city shall be eligible for membership on the commission. Each commission member is encouraged to have access to local cable communications system programming. The commission shall select from its membership a chairperson and a vice-chairperson whose terms shall be one year. ORIGINAL MEMBERS TERMS APPTD. DATES Walter DeVille 7-27-15 9-11-12 ***Leo Estrada 7-27-14 2-12-08 ***Yolanda R. Perez 7-27-14 2-12-13 Mary Ann Kelly 7-27-16 2-12-13 Lyle Smitson 7-27-15 9-11-12 Lend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation INDIVIDUALS EXPRESSING INTEREST Korey Hardeman 3102 Alta Gigonella, 78415 Teacher/Golf Coach-Carroll High School, Corpus Christi Independent School District. Community Activities include: American Federation of Teachers, Texas Federation of Teachers, Texas High School coaches Association, Corpus Christi Coaches Association, Eucharistic Minister, Lector, Usher and Serves on Parish Council Executive Board at Holy Cross Church. (3127114) Amy Aldridge Sanford 5826 Crestmore Dr., 78415 Associate Professor and Chair of Department of Communication and Media, Texas A&M University- Corpus Christi. PhD in Communication Studies from University of Iowa. Community Activities include: Texas Speech Communication Association, Central States Communication Association -Executive Board, national Communication Association, American Association of University Women-State Vice-President, Oklahoma Women in Higher Education, and OETA Telethon Volunteer. (9119113) (Note: Staff has made efforts to recruit bios for this Commission since last September. The Commission has not been able to hold a meeting for the last two months due to lack of quorum. If Council wishes, these appointments can be postponed for further recruitment efforts) C. COMMITTEE FOR PERSONS WITH DISABILITIES — Five (5) vacancies with terms to 2-01-15 and 2-01-16. DUTIES: To carry on a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the city; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. COMPOSITION: Nine (9) residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval. The city's Director of Human Relations, Director of Park and Recreation, and Building Official shall serve as ex-officio non- voting members. The chairperson of the Committee for Persons with Disabilities shall serve as an ex-officio voting member of the Human Relations Commission. ORIGINAL MEMBERS TERM APPTD. DATE ***Carlos Vargas 2-01-15 11-11-08 Alana Manrow, Vice-Chair 2-01-15 8-31-10 *M. Bertha Romero 2-01-14 2-09-10 Richard Balli 2-01-15 11-12-13 *Mary E. Wambach 2-01-14 9-25-12 *David Ramos, Chair 2-01-14 9-25-12 *Marshall Burns 2-01-14 5-14-13 Abel Alonzo 2-01-15 8-20-13 Diana Ortega-Feerick 2-01-15 8-20-13 Michael Morris, Park& Rec. Director Ex-officio Sylvia Wilson, Human Rel. Administrator Ex-officio John Speights, Building Official Ex-officio Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences *****Has met six-year service limitation (The Committee for Persons with Disabilities is recommending the new appointment of Mary Bustos.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MEETINGS NO. %OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR M. Bertha Romero 11 7 (3exc) 64% Mary E. Wambach 11 9 (2exc) 82% David Ramos 11 11 100% Marshall Burns 7 7 100% INDIVIDUALS EXPRESSING INTEREST Mary Bustos 5614 Palo Verde St., 78417 Consumer Case Coordinator, Texas Department of Assistive and Rehabilitative Services (DABS). Received an Associate's Degree. Currently Serves as a Board Member to the Texas Rehab Action Network (TRAN) and an Officer to the TRAN Coastal Bend Sub Chapter. Community Activities include: WalknRoll. (3131114) Dalia Gutierrez 14626C Reagan Dr., 78410 Independent Living Specialist, Coastal Bend Center for Independent Living. Received a Bachelor's Degree in Psychology from Texas A&M University in College Station and a Master's Degree from Texas A&M International in Laredo. Taught School at United Independent School District and Marfa Independent School District. Community Activities include: 4H and Catechist Teacher. (411114) Korey Hardeman 3102 Alta Gigonella, 78415 Teacher/Golf Coach-Carroll High School, Corpus Christi Independent School District. Community Activities include: American Federation of Teachers, Texas Federation of Teachers, Texas High School coaches Association, Corpus Christi Coaches Association, Eucharistic Minister, Lector, Usher and Serves on Parish Council Executive Board at Holy Cross Church. (3127114) Linda L. Lindsey 3002 Cedar Springs Rd., 78414 Retired Teacher/Coach. Received a Degree in Physical Education from Texas Tech University and a Master's Degree in Educational Administration from Texas A&M University-Corpus Christi. Graduate Hours in Special Education. Community Activities include: Involvement with Second Baptist Church. (3131114) d. TRANSPORTATION ADVISORY COMMITTEE — Two (2) vacancies with terms to 4-30-17. DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation, traffic accident, injury and damage prevention in the City; developing and implementing coordinated traffic safety programs which meet local needs; acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City; promoting public acceptance of official programs proposed or initiated by the City; fostering public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with public and private school systems in promoting traffic safety training aids in the schools; promoting the education of the public in traffic safety and, generally assisting in the overall reduction of traffic deaths, injuries, damage, and accidents on the City's streets. COMPOSITION: Nine (9) members appointed by the City Council for three-year terms to provide advice on transportation and traffic safety matters. The Committee elects Chairman and Vice-Chairman annually. ORIGINAL MEMBERS TERM APPTD. DATE *Edd Price, Chair 4-30-14 5-26-09 Sheila Cudd, Co-Chair 4-30-15 2-10-09 Robert G. Jacobi 4-30-16 4-13-10 Gretchen Arnold 4-30-15 5-08-12 Scott M. Harris 4-30-16 3-19-13 Dennis L. Miller, P.E.. CFM 4-30-17 2-11-14 John Garcia 4-30-16 3-19-13 Henry Palacios, III 4-30-15 8-20-13 *Tommy E. Watson, Jr. 4-30-14 8-20-13 Lend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MEETINGS NO. %OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Edd Price 11 11 100% Tommy E. Watson, Jr. 7 5 (2exc) 71% INDIVIDUAL EXPRESSING INTEREST William Strawn 5014 Cape Romain, 78412 Retired, Traffic Safety Specialist, Texas Department of Transportation. Received BBA from University of Texas at Austin, MA from University of Nebraska at Lincoln. Community Activities include: Pilot/Observer Coast Guard Auxiliary and serves as an Elder, Chairman of Endowment Committee and Assistant Chair of Finance Committee for Parkway Presbyterian Church. (Currently serves on the Ethics Commission, but will resign if appointed.) (7115113) (Note: Staff has made efforts to recruit bios for this Committee for the last few months. If Council wishes, these appointments can be postponed for further recruitment efforts) se Ak o 0ONVO%11 AGENDA MEMORANDUM 1852 Future Item for the City Council Meeting of April 8, 2014 Action Item for the City Council Meeting of April 22, 2014 DATE: March 20, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager for Public Works & Utilities gustavogo@cctexas.com (361) 826-3897 THRU: Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 FROM: Floyd Simpson, Chief of Police floyds@cctexas.com (361) 886-2603 Natasha Fudge, P. E., Acting Director of Capital Programs natashaf@cctexas.com (361) 826-3504 Resolution Police Vehicle Impound Yard and Garage Phase 2 Forensics Building CAPTION: Resolution determining that to construct a portion of the Police Vehicle Impound Yard and Garage Phase 2 — a Bond 2012 Project (Project) at its originally proposed location would be unwise and unnecessary; authorizing the City Manager or designee to proceed with construction of forensics building portion of the Project at an alternate, more suitable, and less costly location. PURPOSE: To seek City Council approval authorizing the City Manager, or designee, to proceed with construction of forensics building portion of the Project at an alternate, more suitable and less costly location. BACKGROUND AND FINDINGS: Proposition 7 of Bond 2012 authorizes the design and construction of the Vehicle Impound Yard and Garage Phase 2, which was originally proposed as "an expansion of the current vehicle impound lot, including a 3,000 square feet forensics garage for investigative work on vehicles and holding area for vehicles involved in crime scenes". The forensics building portion of the Project would be placed on the unimproved portion of the site. Staff has reviewed the preliminary design work and found that to place the forensics building portion of the Project on the unimproved portion of the site, as was originally envisioned, would require large utility installation cost and a larger than normal engineering and construction effort. Due to the site's history as a landfill, the Texas Commission on Environmental Quality requires very specific construction methods for any building on the site, including a 2-feet air gap between the existing grade and the foundation of the building, which would require the garage floor to be suspended instead of on-grade. Construction of this type would cost substantially more at this location therefore, staff recommends placing the new forensics building at the location of the old vehicle impound lot located at the City's Service Center. To design and construct the forensics building or garage portion of the Police Vehicle Impound Yard and Garage Phase 2 Bond 2012 Project (Project) at its originally proposed location would be unwise, unnecessary, and costly. The City Manager or designee is authorized to proceed with the design and construction of the Project, and any portion thereof, using alternate, more suitable locations that would accomplish the intent of the Project. This authorizes the placement of the new forensics building on the site of the old vehicle impound lot located at the Service Center. ALTERNATIVES: Do not provide authority to proceed with construction of forensics building portion of the Police Vehicle Impound Yard and Garage Phase 2 — a Bond 2012 Project. CONFORMITY TO CITY POLICY: The Resolution conforms to the City's Charter. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Police Department FINANCIAL IMPACT: Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $350,000.00 $175,000.00 $525,000.00 Encumbered / Expended Amount This item $0.00 $0.00 BALANCE $350,000.00 $175,000.00 $525,000.00 Fund(s): CIP Bond 2012 Proposition No. 7 Public Safety Improvements, Sequence No. 1 Comments: N/A. RECOMMENDATION: Passage of the Resolution determining that to construct a portion of the Police Vehicle Impound Yard and Garage Phase 2 — a Bond 2012 Project (Project) at its originally proposed location would be unwise and unnecessary; authorizing the City Manager or designee to proceed with construction of forensics building portion of the Project at an alternate, more suitable, and less costly location. LIST OF SUPPORTING DOCUMENTS: Location Map Presentation Resolution Resolution determining that to construct a portion of the Police Vehicle Impound Yard and Garage Phase 2 — a Bond 2012 Project (Project) at its originally proposed location would be unwise and unnecessary; authorizing the City Manager or designee to proceed with construction of forensics building portion of the Project at an alternate, more suitable, and less costly location. WHEREAS, Proposition 7 of Bond 2012 authorizes the design and construction of the Vehicle Impound Yard and Garage Phase 2 (the "Project"), which was originally proposed as "an expansion of the current vehicle impound lot, including a 3,000 sq. ft. forensics garage for investigative work on vehicles and holding area for vehicles involved in crime scenes"; WHEREAS, the forensics building portion of the Project would be placed on the unimproved portion of the site. WHEREAS, staff has reviewed the preliminary design work and found that to place the forensics building portion of the Project on the unimproved portion of the site, as was originally envisioned, would require large utility installation cost and a larger than normal engineering and construction effort. WHEREAS, due to the site's history as a landfill, TCEQ requires very specific construction methods for any building on the site, including a 2' air gap between the existing grade and the foundation of the building, which would require the garage floor to be suspended instead of on- grade. WHEREAS, due to the larger than normal and substantially more costly engineering and construction efforts that would be required if the forensics building portion of the Project were to be built on the originally proposed site, staff recommends placing the new forensics building at the location of the old vehicle impound lot located at the Service Center. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. To design and construct the forensics building or garage portion of the Police Vehicle Impound Yard and Garage Phase 2 Bond 2012 Project (Project) at its originally proposed location would be unwise, unnecessary, and unnecessarily costly. SECTION 2. The City Manager or designee is authorized to proceed with the design and construction of the Project, and any portion thereof, using alternate, more suitable locations that would accomplish the intent of the Project. This authorizes the placement of the new forensics building on the site of the old vehicle impound lot located at the Service Center. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor KAEngineering DataExchange\VELMAP\POLICE\5249 VEHICLE IMPOUND FACILITY\FORENSICS BUILDING\Resolution- Vehicle Impound Yard Phase 2 Forensics Building.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 KAEngineering DataExchange\VELMAP\POLICE\5249 VEHICLE IMPOUND FACILITY\FORENSICS BUILDING\Resolution- Vehicle Impound Yard Phase 2 Forensics Building.docx y y da, " � �/u�r�✓�' il r G � r���� 9 �/Ar i VI f r 711/ k��r��j/ /jar 4 ✓,//� � f // �� /P '!i/f����%/��j�✓�� r �r, ,,,,,,,,, � y "� � � Diu �r��� 1%j� l�i�ivr ..; �N ✓1�'r/oi/�^ E �' r /✓�� y r✓,Dii �� ,'G. �,JS a 9 Sri/ H„G J/:r✓/r�G i�/ r f f /� .SG.,.µ, IIII ��i NCI r / ORIGINAL *� f PROPOSED �1,, r %,� LOCATION I / " ,r " � � (>p '°r �r �S N� al rid �fJ �Jj J�/jrirr�✓��r�r/ / d i � 9 ail I ill II i ll 0 II D�� 9u �� °i✓ 1 r r / r/ 'i r ✓%///% r REQUESTED LOCATION E121 �[ � ro 0 �%� 'd �fjfJ� fi� ✓ i, dA ��"��'�� ,,� ��/�O�f;�w/r'a4r Gr "''�� � ,i, ��i�v� //// /'✓ I �����%Jli�, ®�✓ rr � �r�(�� e; a A " I s �I i, / '�, a r, �✓GII�� t9 y kl 'V AL r/ All VEHICLE IMPOUND CITY COUNCIL EXHIBIT YARD & GARAGE, CITY OF CORPUS CHRISTI, TEXAS ; PHASE 2 (BOND 2012) DEPARMENT OF CAPITAL PROGRAMS PROJECT #E12126 PAGE 1 OF 1 Corpus Chr sti Capital Programs Police Vehicle Impound Yard and Garage Phase 2 Forensics Building Bond Issue 2012 Council Presentation April 8, 2014 Project Scope Corpus Chr sti Capital Programs PROJECT LOCATION Vehicle Impound Yard and Garage Phase 2 Original Proposed PROJECT LOCATION Vehicle Impound Yard and Garage Phase 2 Requested Location US IT AGENDA MEMORANDUM Future Item for the City Council Meeting of April 8, 2014 a Action Item for the City Council Meeting of April 15, 2014 DATE: March 21, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Daniel Biles, P.E., Executive Director, Public Works DanB @cctexas.com (361) 826-3729 MarkVan Vleck, P.E., Executive Director, Utilities MarkVV @cctexas.com (361) 826-1874 Engineering Contract Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $32,710, for a total restated fee not to exceed $82,550 for the Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement for additional design, bid, and construction phase services. PURPOSE: The purpose of this agenda item is to obtain authority to execute Amendment No. 1 to the Urban Engineering contract for the Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement Project. BACKGROUND AND FINDINGS: This project involves the rehabilitation and replacement of the aging equipment on the clarifiers, anaerobic digesters, and other structures. Specifically, this amendment allows Urban Engineering to provide design services for the anaerobic digester domes and replacement of the aeration basin sluice gate that are outside the scope of the original contract but are required for successful project completion, as well as bid phase and construction administration services. Urban Engineering estimates a construction cost of$718,100. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to 2013-2014 Date Current Year Future Years TOTALS Expenditures Line Item Budget $750,000.00 $400,000.00* $1,150,000.00 Encumbered / Expended Amount $49,840.00 $49,840.00 This Item $32,710.00 $32,710.00 Future Anticipated Expenditures This Project $667,450.00 $174,522.00 $841,972.00 BALANCE $0.00 $225,478.00 $225,478.00 Fund(s): Wastewater CIP #18 Comments: The amendment will result in the expenditure of an amount not to exceed $32,710. *Future funding in the amount of $400,000 will be requested through the Capital Improvement Plan 2015. RECOMMENDATION: City Staff recommends approval of Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $32,710, for a total restated fee not to exceed $82,550 for the Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement FUNDS AVAILABLE: Wastewater CIP 2014.......................................................................................... $750,000 Wastewater CIP 2015.......................................................................................... $400,000 TOTAL............................................................................................................ $1,150,000 FUNDS REQUIRED: Construction (estimate)......................................................................................... $718,100 Contingencies (10%)............................................................................................ $71,810 Engineer Fees: *Engineer(Urban Engineering)............................................................................... $49,840 Engineer Amendment No. 1 (Urban Engineering)....................................................... $32,710 TestingEstimate............................................................................................. $10,772 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)............................ $12,567 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs)............... $23,338 Misc.................................................................................................................. $5,386 TOTAL.............................................................................................................. $924,522 PROJECT BUDGET BALANCE............................................................................. $225,478 *Administrative Approval on August 16, 2013 e II i PROJECT LOCATION #E11302 v « J API i u 9 1; Greenwood Wastewater Treatment CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Plant Process Rehabilitation/ DEPARM NT OF CAPITAL PROGRAMS Replacement (El 3026) PAGE 1 OF 1 CITY OF CORPUS CHRISTI AMENDMENT NO. I CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Urban Engineering, hereinafter called "Engineer," agree to the following amendment to the Contract for Professional Services for Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement--(,Pr iect No. E13026), as authorized and amended by: I Original A/E Agreement August 16, 2.013 ,Administrative Approval $49,840.00 EXHIBIT "A", SCOPE OF WORK shall be amended to include additional design, bid and construction administration services as specified in the attached Amendment No. 1 Exhibit "N'. EXHIBIT "A", SCHEDULE shall be amended as specified in the attached Amendment No. 1 Exhibit"A". EXHIBIT "A", FEES shall be amended as specified in the attached Amendment No. I Exhibit "A", for a revised fee not to exceed $32,710.00 (Thirty-Two Thousand Seven Hundred Ten Dollars and Zero Cents , for a total restated fee not to exceed 82,550.00 (Eigihb -Two Thousand Five Hundred Fi Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Amendment No. I Exhibit"B". All other terms and conditions of the August 16, 2013 contract between the City and Engineer will remain in full force and effect. CITY OF CORPUS CHRISTI URBAN ENG1NEERING ms-,,4 2v I,( Natasha Fudge, P.E., (Date) Ja s L. Urban, P.E., (Date) Acting Director of Capital Programs 2725 Swantner Drive Corpus Christi, Texas 78404 (361)854-3101 Office RECOMMENDED (361)854-6001 Office Ue T OperaACDepartment (Date) ENTERED APPROVED IA MANAGER Office of Management and Budgiet (Date) Project No. E13026 ATTEST Fu!ndl Source No. 5550950-4252-00000-E13026 Fund Name: Wastewater 2013 CIP (Rev Bds) Encumbrance No. Rebecca Huerta, City Secretary AMEND. NO. 1 Page I of I MENGINEERING I)ATAEXCHANOEQENNIFERSWASTEWATERIE13026GREEN OOO VVWTP PROCESS REHABILITATION REPLACEMENTtAMENOMENT NO I=NTRACT\CONTRACT.DOCX URBAN Job No.: 26175,13101 ENGINEERING January 30, 2014 TRANSMITTED VIA EMAIL Mrs, Natasha Fudge, P,,E. Acting Director of Capital Programs City of Corpus Christi P. 0, Box 9277 Corpus Christi, Texas 78469 Subject: Qreenwood,WWTP'Process Rehabilitation/Replacement City Project No. E1302 Dear Natasha. We have an A/E Agreement to provide design services for the subject project. This project involves rehabilitation of the aging equipment in the Influent Structure, Primary Clarifiers, Anaerobic Digesters and other structures, The 100% plan and specification submittal package was submitted to the City for review on January 17, 2014, The package included an estimate of probable construction cost in the amount of$718,104. We are now requesting an amendment to our present AE Agreement to provide some additional design services as well as all of the bidding and construction administration services required for the project. The additional design services include work on the Anaerobic Digester domes and replacement of the Aeration Basin sluice gate that was added after we started on the design. We propose to perform, the engineering services indicated above for an additional fee not to exceed $32,710.00. A proposed fee table and revised schedule are attached. We are requesting that the schedule be revised to reflect that our authorized start date was approximately a month after the date indicated in our original schedule and our prelliminary submission was later due to the additional work added, If the above is acceptable, please prepare an Amendment No. 1 to the agreement. Should you have any questions please let me know, Sincerely, URBAN ENGINEERING �L- Mark Ma,roney, P.E.n MW Enclosure xc: James Harris,, P.E.-Project Manager Wend. via email (361)854-3101 2725 SWANTNER DR.a CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urboneng.com TBPE Firm#145 AMEND. NO. I EXHIBIT "All I Zagej of 3 Revised March 17, 2014 PROPOSED SCHEDULE FOR GREENWOOD WWTP PROCESS REHABILITATION/REPLACEMENT(#E13026) Original Contract Amendment No. 1 Day Date Date Activity Tuesday July 29, 2013 August 20, 2013 Begin Design Friday September 23, 2013 November 22, 2013 1 Prel. Submittal Monday October 14, 2013 January 6, 2014 City Review Monday November 11, 2013 January 20, 2014 Pre-Final Submittal Tuesday November 25, 2013 February 18, 2014 City Review Thursday December 9, 2013 February 27, 2014 Final Submittal Monday December 23, 2013 May 5, 2014 Advertise for Bids Tuesday January 7, 2014 May 13, 2014 Pre-Bid Conference Wednesday January 22, 2014 May 21, 2014 Receive Bids Tuesday March 4, 2014 July 22, 2014 Contract Award Monday April 14, 2014 August 25, 2014 Begin Construction Friday TBD March 25, 2015 Complete Construction AMEND. NO. 1 EXHIBIT"A" Pa e2of3 Summary of Fees Greenwood Wastewater Treatment Plant Rehabilitation/Replacement Original Contract Amendment No. 1 Total Fee Basic Services 1 Preliminary Phase $8,100.00 $0.00 $8,100.00 _L Design Phase 33,900-00 12,100.00 $46,000.00 3 Bid Phase Mo 4,200.00 $4,200.00 4 Construction Phase 0.00 14,010.00 $14,010.00 Subtotal Basic Services $42,000.00 $30,310,00 $72,310.00 Additional Services (Allowance) 1 Permit Preparation as applicable) 0.00 0.00 0.010 2 ROW Acquisition Surve AUTHORIZED) 0.00 0.00 0.00, 2_Topograp ic Survey/Field Investigation 7,840.00 0.00 7,840.00 4 Environmental Issues 0-00 OM OM 5 Construction Observation Services 0.00 0.00 0.00 6 !Start-up Services 0.00.1 OM 0.00 7 lWarrant y Phase 0.00 2,400.010 2,400.00 Subtotal Additional Services $7,840,00 $2,400.00 $10,240,00 Total $49,840.00 $32,710.010 $82,550.00 08/16/13 Admin Admin Approval Approval AMEND. NO. I EXHIBIT "A" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 - 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1, 000 $1,250 $8,250 $750 $1, 500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPPLIER NUMBER TO BE ASSIGNED BY-C7 - PURCHASING DIVISION City o f CITY OF CORPUS CHRISTI City of Christi DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112,as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every.question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: URBAN ENGINEERING P.O.BOX: N/A CORPUS 78404 STREET ADDRESS: 2725 SWANTNER DR. CITY: CHRISTI ZIP: FIRM IS: 1. Corporation 2. Partnership H7 3. Sole Owner ❑ 4. Association B 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City Department(if known) 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title r1 � 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subiect of this contract and has an ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant 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. Certif � Title: FlU J YfA L- y (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 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. Greenwood Wastewater Treatment Plant Rehabilitation/Replacement Council Presentation April 8, 2014 Project Scope PROJECT LOCATION Greenwood Wastewater Treatment Plant Process Re habiRation/Replacement 2 Project Schedule Project Construction Estimate: 210 Calendar Days N 7 Months Projected Schedule reflects City Council award of design contract in July 2014 with anticipated construction completion in March 2015. 3 Project Budget FUNDS AVAILABLE: Wastewater CIP 2014 $750,000 Wastewater CIP 2015. $400,000 TOTAL $1,150,000 FUNDS REQUIRED: Construction (estimate).................................................................................... $718,100 Contingencies(10%)...................................................................................... $71,810 Engineer Fees: *Engineer (Urban Engineering) $49,840 Engineer Amendment No. 1 (Urban Engineering)................................................... $32,710 Testing Estimate $10,772 Reimbursements. $41,291 TOTAL $924,523 PROJECT BUDGET BALANCE $225,478 *Administrative Approval on August 16, 2013 4 _ AGENDA MEMORANDUM Future Item for the City Council Meeting of April 8, 2014 Action Item for the City Council Meeting of April 15, 2014 DATE: March 17, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mop_cctexas.com 361-826-3460 Public Art for Fire Station #5 CAPTION: Motion authorizing the City Manager or designee to execute documents necessary to purchase sculpture created by artist Lynda Jones for a work of permanent art created in glass tile and authorize disbursement of $17,770 from the Bond Fund 3191 for such purchase. PURPOSE: Authorize an artist agreement for permanent art for the Fire Station #5 relocation as part of the City's public art program. BACKGROUND AND FINDINGS: Incorporated into the design of the front of the newly constructed Fire Station #5, the proposed glass tile mosaic by artist Lynda Jones will be approximately 110 square feet made of %2" sintered glass. The proposal was unanimously approved by the Arts and Cultural Commission at their February 25, 2014 Special Called meeting. ALTERNATIVES: Do not approve purchase of artwork. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: This project is being funded according to Public Art Policies and Guidelines. These policies and guidelines were passed by the City Council on March 10, 1987. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑x Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 18,270.00 18,270.00 Encumbered / Expended Amount 500.00 500.00 This item 17,770.00 17,770.00 BALANCE 0.00 0.00 Fund(s): Bond Fund 3191 Comments: none RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Attachment—Concept drawing of artwork Artist Agreement Attachment Fire Station #5 — Public Art I011T' F"I 11')F .tItgom 1.11 Project Size: Tile Type: Artist: Location: 110 sq ft (400" x 100") 'A" sintered glass Lynda Jones 3105 Leopard Ilim11111111111 inomovlIIIIIIIIllill011111111111111111111111111111 I 111 '1111111111111111 1111110 0111111.1111111 11111111111[11. 0'11111)11111111111'11' 111:110 (11(00,0,0,1 V.,V111,110 11i1111111111..11111111...., 000000 M101101101101 11.1111111,11,1,111,1,11)), J11:1,1,111,111 (ON CRELP R.EV i_S MA' RE,OriF`Iu11 000011 11111111111 11 Iv II 1111111 "euaaa",�a aAIIY� ti� II Ull" tip Id' dm "' ov Nl �VUi BVI lonool Page 1 of 14 AGREEMENT FOR COMMISSION OF PUBLIC ART BETWEEN THE CITY OF CORPUS CHRISTI AND LYNDA JONES FOR ARTWORK AT FIRE STATION #5 This agreement ("Agreement") is entered into by and between the City of Corpus Christi, Texas, a home-rule municipal corporation ("City"), acting through its duly authorized City Manager or the City Manager's designee ("City Manager") and Lynda Jones of Corpus Christi, TX ("Artist"). WHEREAS, the City has allocated funds for the selection, purchase, and placement of a public work of art at, in, or near the selected site of Fire Station #5 located at 3105 Leopard, Corpus Christi, Texas, 78408 ("Project Premises"); WHEREAS, Artist submitted a proposal to City's Arts and Cultural Commission ("Commission"); WHEREAS, the City and Artist wish to set out the terms and conditions under which the Artwork is to be designed, fabricated, and installed in order to promote the integrity of Artist' ideas and statements as represented in the artist's proposal and as represented by and in the completed Artwork; NOW, THEREFORE, the City and the Artist, for and in consideration of the covenants and agreements set out in this Agreement, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Preamble Language. The preamble language included above this initial numerated section is incorporated into this Agreement by reference and made a part of this Agreement for all intents and purposes. Section 2. Contract Administrator. The City's contract administrator for this Agreement is the City's Director of Parks and Recreation ("Director"). Section 3. Artwork. The City, through this Agreement, contracts with Artist to provide professional services in designing, constructing, finishing, transporting, and installing a permanent work of mosaic art ("Artwork"). A representative design of the Artwork, including plans and specifications, will be approved by the Director and the Arts and Cultural Commission and will be attached to this Agreement as Exhibit A and incorporated in this Agreement by reference. The City and Artist acknowledge that Artist's preliminary design for the Artwork, currently attached to this Agreement as Exhibit A, had previously been reviewed and approved by the City's Arts and Cultural Commission ("Commission"), a commission whose members are appointed by the City's City Council ("City Council"). Section 4. Term of Agreement. This Agreement, excluding certain covenants that survive this Agreement including, but not limited to, Sections 17, 19(B), 22, 23, and 25, will expire upon the City's final payment to Artist as governed by Sections 5(B)(iv) and 8(C) of this Agreement. Page 2 of 14 Section 5. Compensation and Payment Schedule. A. The City will pay directly to Artist a fixed fee of $17,770.00, which is full compensation for all services to be performed and all materials to be furnished by Artist under this Agreement. The payment of compensation to Artist, at any time during the term of this Agreement, will not be deemed a waiver of any right of the City or acceptance, by the City, of defective performance by Artist. B. The fee will be paid in the following installments, each installment to represent full and final payment for all services and materials provided prior to the payment thereof: (i) $2,665.50 will be remitted by the City to the Artist within ten (10) working days of this Agreement being signed by both parties, (ii) $8,885.00 will be remitted by the City to the Artist within ten (10) working days of the plans and specifications being approved by the City, (iii) $4,442.50 will be remitted by the City to the Artist within ten (10) working days of the Artwork being substantially completed in Artist's studio, (iv) $1,770.00 within ten (10) working days of the Artwork being installed and Notice of Final Acceptance has been issued. Section 6. Fabrication of Artwork. Artist shall furnish all labor, tools, materials, machinery, equipment, and incidentals necessary for the execution of the Artwork. Section 7. Completion of Artwork. The Artwork should be fully fabricated and ready for installation no later than 180 days after contract execution. Deviation from this deadline requires written notice to the City, but in no way shall fabrication and installation take more than 240 days. Section 8. Notice of Substantial Completion, Notice of Acceptance, and Notice of Final Acceptance. A. Director, or designee, shall inspect the Artwork plans and specifications. Upon acceptance of the Artwork plans and specifications, the City shall provide Artist with "Notice of Acceptance" and will issue payment to Artist, under Section 5(B)(ii) of this Agreement ("Notice of Acceptance"). Upon receipt of a deficiency notice, Artist will be given a reasonable time in which to correct all deficiencies noted by the City. Artist shall assume all costs associated with the correction of any deficiencies noted. Upon correction of all deficiencies, the City shall notify Artist in writing of the City's accepted arrival of the Artwork and issue a Notice of Acceptance. B. Artist shall send to Director a written notice of substantial completion ("Notice of Substantial Completion") when the Artwork has been substantially completed in accordance with the plans and specifications described in Exhibit A and will issue payment to Artist, under Section 5(B)(iii) of this Agreement. C. Upon installation of the Artwork and site cleanup, the City shall notify Artist in writing of its final acceptance ("Notice of Final Acceptance") of the Artwork and will issue payment to Artist, under Section 5(B)(iv) of this Agreement. Final acceptance shall not Page 3 of 14 be unreasonably withheld. Site cleanup shall consist of Artist cleaning and removing from the installation site all surplus and discarded materials, temporary structures, and debris of every kind occasioned by Artist's installation work in order to leave the installation site in a clean and orderly condition, substantially the same as that which originally existed. Section 9. Installation of the Artwork. Artist shall provide plans and specifications for installation of the Artwork. Artist will also be contractually responsible for all completion costs associated with construction and installation of the Artwork. Artist shall be contractually responsible for the physical installation of the Artwork and all completion costs associated with the installation of the Artwork at the Project Premises, in compliance with the project's design firm. Section 10. Artwork Maintenance Instructions. Artist shall submit, within fourteen (14) days after installation of the Artwork, instructions and cost estimate regarding routine maintenance required for each component of the Artwork. Section 11. Work Standards. All fabrication work must be performed in a good and workmanlike manner and in accordance with the plans and specifications in Exhibit A. Section 12. Taxes. A. The City is a tax-exempt organization and no State of Texas or local sales taxes are due upon the Artwork by the City. The City shall supply Artist with a copy of the Texas Sales Tax Exemption Certificate ("Texas Certificate"). The City does not warrant that the Texas Certificate will be acceptable in any other jurisdiction outside the boundaries of Texas for tax-exempt purchases of materials or supplies to be used for the Artwork. B. Artist is solely responsible for the payment of any and all taxes that may become due to any taxing authority, agency, or entity with respect to services provided by Artist or with the Artwork that is the subject of this Agreement. This provision survives the expiration or earlier termination of this Agreement. C. Artist shall pay, before delinquency: all taxes, levies, and assessments arising from Artist' activities and undertakings pursuant to this Agreement; taxes levied on Artist' art studio and any improvements on the studio property or other place used for the fabrication and completion of the Artwork; taxes levied on Artist' equipment, tools, and machinery; and taxes levied on Artist' interest in this Agreement. Section 13. No Assignment of Work Without Authorization. The work and services required of Artist under this Agreement are personal to Artist and may not be assigned, delegated, or transferred without the express, written approval of the City. This provision does not prohibit Artist from having the Artwork cast at an approved foundry or from employing qualified personnel to work under Artist' direct supervision and control with respect to the Artwork. Section 14. Review of Work in Progress. Upon reasonable, prior notice to Artist, the City's officers, employees, and agents must be allowed to make reasonable inspections and reviews of Artist' progress with respect to the Artwork. Page 4 of 14 Section 15. Insurance. A. Artist shall secure and maintain, during the term of this Agreement and at Artist's sole expense, the levels and types of insurance set out in Exhibit B, a copy of which is attached to this Agreement and incorporated in this Agreement by reference. B. Any subcontractors, if approved by the City, must secure and maintain the same levels and types of insurance shown in Exhibit B prior to performing any work related to this Agreement. C. Artist shall provide proof, by certificate of insurance meeting the limits and requirements set out in Exhibit B, to the City's Risk Manager and Director upon the execution of this Agreement. D. The certificate of insurance must name the City as an additional insured and must provide the City with at least 30 days written notice of cancellation, material change, or intent not to renew any insurance coverage required by Exhibit B. Section 16. Artist's Expenses. Artist shall be responsible for the payments of all mailings for submission to the City, including any required insurance certificates; shipping costs of the Artwork to the City; all costs of travel by Artist; all labor costs for Artist' employees; and all other costs, unless specifically excluded in this Agreement, that are necessary for the proper performance of the work, services, and obligations required by Artist under this Agreement. Section 17. Public Information by Artist. Artist shall acknowledge the City's role in purchasing the Artwork in all public presentations and written, printed, or electronic publications of the Artwork following the execution of this Agreement. This obligation of Artist survives the termination of this Agreement. Section 18. Independent Contractor; Lack of Contractual Authority. A. Artist shall perform all work and services under this Agreement as an independent contractor and not as an agent, representative, or employee of the City. B. This Agreement does not establish Artist as the agents or legal representatives of the City for any purpose whatsoever, and Artist are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of, or in the name of, the City or to bind the City in any manner whatsoever. Section 19. Title; Copyright and License to Reproduce. A. Title to the Artwork will pass to the City upon remittance of the final payment. B. City obtains the rights to graphically reproduce, through photography or otherwise, the image of the Artwork including, but not limited to, the Artwork proposal and all preliminary studies, and to authorize third parties to graphically reproduce, through photography or otherwise, any and all of the same as are desired by the City for any purpose deemed appropriate by the City Manager. On each municipal reproduction, Artist will be acknowledged, using designations provided by Artist, to be the creator of the original Page 5 of 14 Artwork depicted, provided that reproductions of any proposals and preliminary studies may not be identified as, or represented to be, the finished Artwork. The rights granted by this subsection survive the termination of this Agreement. Section 20. Risk of Loss. Artist shall take all measures reasonably necessary to protect the Artwork from loss or damage until Artist have completed delivery to the City of all materials that constitute and form the Artwork and ownership is transferred to the City. Artist shall obtain property insurance, as set out in Section 15 of this Agreement, for loss or damage of the materials paid for by the City while in Artist' possession and control. Section 21. Indemnification. To the extent allowed by Texas law, Artist ("Indemnitors") shall fully indemnify, save, and hold harmless the City and its officers, employees, and agents (collectively, "Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), property loss, or damage of any kind whatsoever, including dishonest, fraudulent, negligent, or criminal acts of the Indemnitor or the Indemnitor's employees, representatives, or agents, acting alone or in collusion with others, which may arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, Indemnitor's design, fabrication, installation, repair, restoration, or removal of the Artwork and any act or omission of the Indemnitor or of any agent or employee of Indemnitor pursuant to performance under the terms of this Agreement. The terms of this indemnification are effective regardless of whether the injury, damage, or loss is caused by the sole, contributory, or concurrent negligence of the Indemnitees or any of them individually. The Indemnitor covenants and agrees that, if the Indemnitee is made a party to any litigation against the Indemnitor or in any litigation commenced by any party other than Indemnitor relating to this Agreement, Indemnitor shall, upon receipt of reasonable notice regarding commencement of litigation and at his/her own expense, investigate all these claims and demands, attend to their settlement or other disposition, defend Indemnitee in all actions based thereon with counsel satisfactory to the Indemnitee, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, claim, demand, or action. No liability attaches to the City by virtue of entering into this Agreement except as is expressly provided for under this Agreement. This provision survives the expiration or earlier termination of this Agreement. Section 22. Artist' Warranties. A. Warranty Against Defects. Artist warrants that the Artwork is designed to last for 20 years, and guarantees the Artwork against faulty material and workmanship, including inherent vice, for 1 year. The term "inherent vice" means a quality within the material(s) that compromise(s) the Artwork and, either alone or in combination, results in the tendency of the Artwork to destroy itself and its image. In the event of a claim by the City for faulty material or workmanship, Artist shall, at the City's option, remedy or pay for any loss or damage resulting from faulty material or workmanship that occurs or appears after the date the City issues a Notice of Final Acceptance of the Artwork. The City shall give written notice with reasonable promptness to Artist regarding observed defects in the Artwork that occur or appear. Nothing contained in this Agreement or any action whatsoever by the City constitutes an acceptance of work not done in accordance with the provisions of this Agreement or relieves Artist of liability or responsibility for faulty material or workmanship. This provision survives the expiration of this Agreement. Page 6 of 14 B. Warranty of Title. Artist warrants and guarantees that, upon the City's final remittance of payment to Artist, the City acquires good title to the Artwork and that the Artwork is free from any and all claims, liens, and charges of and by any person or entity including, but not limited to, all employees and suppliers of Artist. This provision survives the expiration of this Agreement. Section 23. Collection Management. A. The City reserves the right to manage its collection of art, including the Artwork, consistent with all applicable laws, the City's Charter, ordinances, and municipal policies. The City, through this Agreement, is commissioning and purchasing a work of public art, and the City shall determine the Artwork's placement at the Project Premises. This reservation of rights survives the expiration of this Agreement. B. The City reserves the right to manage its buildings, facilities, and public sites for public purposes and, in doing so, may determine that it is necessary to relocate or remove the Artwork or modify the site in or on which it is located. This reservation of rights by the City survives the expiration of this Agreement. Section 24. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, and riots or interference by civil or military authorities. Artist shall inform the City in writing and submit proof of force majeure within three (3) business days of the event or occurrence of force majeure. Artist' failure to inform and submit proof to the City of force majeure constitutes a waiver of this right as a defense. The failures or delays to perform extend the period of performance until these exigencies have been removed. Section 25. Survival of Terms. Termination or expiration of this Agreement for any reason does not release either party from any liabilities or obligations set forth in this Agreement that: 1) the parties have expressly agreed survive the termination or expiration; 2) remain to be performed; or 3) by their nature would be intended to be applicable following the termination or expiration. Section 26. Non-Discrimination. Artist shall not discriminate or permit discrimination against any person or group of persons, as to employment or in the performance of services under this Agreement, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The Director retains the right to take the action as the United States may direct to enforce this non- discrimination covenant. Section 27. Compliance with Laws. A. Artist must comply with all applicable Federal, State, and local government laws, rules, regulations, and ordinances that may be relevant or applicable to Artist' performance under this Agreement. B. This Agreement is also subject to applicable provisions of the City's Charter. Page 7 of 14 Section 28. Venue. All actions brought to enforce compliance with this Agreement must be brought in Nueces County, Texas, where this Agreement was executed and will be performed. Section 29. Interpretation. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 30. Notice. A. All notices, demands, requests, or replies provided for or permitted, under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; (5) by fax transmission; or (6) e-mail. B. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service in the manner described above will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax or e-mail will be deemed effective upon transmission with proof of delivery to the receiving party. All communications must only be made to the following: IF TO CITY: IF TO ARTIST: City of Corpus Christi — Parks and Recreation Lynda Jones Attn: Michael Morris, Director 602 Vaky Street 1201 Leopard; 3 d Floor Corpus Christi, Texas 78404 P.O. Box 9277 (361) 852-8301 Corpus Christi, Texas 78469-9277 (361) 880-3464 (361) 880-3864 Fax M ichael Mop_cctexas.com C. Either party may change the address to which notice is sent by using a method set out above. Artist shall notify City of an address change within ten (10) days after the address is changed. Section 31. Mechanics and Materialman's Liens. Artist must not allow the Artwork to be encumbered by any notice of intention to file a mechanic or materialman's lien or by the filing of a mechanic or materialman's lien. In the event that any notice of intention to file a mechanic or materialman's lien is received by Artist or a mechanic or materialman's lien is filed against the Artwork purporting to be for labor or materials, Artist must discharge the same within ten (10) days of the notice or filing. Section 32. Disputes. Any disputes concerning Artist' performance of this Agreement that are not disposed of by agreement between Artist and the Director will be referred to the City Manager or the City Manager's designated representative. If these persons do not agree upon a decision within a reasonable period of time not to exceed forty-five (45) days, the parties may pursue other legal rights and remedies to resolve the disputes. Page 8 of 14 Section 33. Modification or Amendment. No modification or amendment of any of the terms of this Agreement will be effective unless the modification or amendment is in writing and signed by an authorized representative of each of the parties to this Agreement. Section 34. Waiver. A. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights under this Agreement. B. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, will be taken to constitute a waiver of any subsequent breach of the covenant or condition nor will justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition of this Agreement. C. If any action by Artist requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same action or any other action on any other occasion. D. Any waiver or indulgence of Artist' default of any provision of this Agreement will not be considered an estoppel against the City. It is expressly understood that, if at any time Artist are in default in any of its conditions or covenants of this Agreement, the failure on the part of the City to promptly avail itself of said rights and remedies that the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies allowed under this Agreement, in law, or in equity. E. Any waiver or indulgence of the City's default of any provision of the Agreement will not be considered an estoppel against the Artist. It is expressly understood that, if at any time the City is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Artist to promptly avail themselves of said rights and remedies that the Artist may have will not be considered a waiver on the part of the Artist, but the Artist may at any time avail themselves of said rights or remedies allowed under this Agreement, in law, or in equity. Section 35. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof 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 said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof 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, in lieu of each illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to Page 9 of 14 the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 36. Acknowledgment and Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Agreement. By Artist' execution of this Agreement, Artist agree to be bound by the terms, covenants, and conditions contained in this Agreement. By agreement of the parties, any ambiguities in this Agreement may not be construed against the drafter. Section 37. Captions. The captions utilized in this Agreement are for convenience only and do not in any way limit or amplify the terms or provisions of this Agreement. Section 38. Disclosure of Interests. Artist further covenant and agree, in compliance with the City Code of Ordinances, Section 2-349, as amended, to complete the Disclosure of Interest form that is attached to this Agreement as Exhibit C and that is incorporated by reference into this Agreement. Section 39. Executory Agreement. This Agreement is not considered valid until signed by authorized representatives of each of the parties and approved by the City Council. Section 40. Entire Agreement. No verbal agreements or conversations between any officer, employee, or agent of the City and Artist or Artist' agent prior to the execution of this Agreement affect or modify any of the terms or obligations contained in this Agreement. Any verbal agreements or conversations prior to execution of this Agreement are considered unofficial information and in no way binding on either party. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and Artist for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Agreement, unless contained in this Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Artist' performance under this Agreement. EXECUTED IN DUPLICATE, each of which will be considered an original, on this the day of 12014. ATTEST: CITY OF CORPUS CHRISTI Susan K. Thorpe Assistant City Manager Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM 2014 Douglas K. DeFratus, Assistant City Attorney Page 10 of 14 ARTIST By. Printed Tide: Date: -2� STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on L 2014, by Lynda Jones. JEANNIE HOLLAND e .p\ Ile I'll Notory Pub4c.State of Texas CW MV Commission Expires December 23, 2017 Notary Public, State of Texas My Commission Expires' N otdiys Printed Name LIST OF ATTACHED EXHIBITS Exhibit A: Artwork Plans and Specifications Exhibit B: Insurance Requirements Exhibit Q Artists Disclosure of Interest Page 11 of 14 EXHIBIT A Fire Station #5 Public Art XIV U li*I'""'''"4114,111111111VIIVII01,111 Project size: 110 sq ft. (400" x 100") Tile type: 1/2" sintered glass CON RETE r REVEAL MA rcoNE IU P ROPOSED Page 12 of 14 EXHIBIT B I. ARTIST'S INSURANCE REQUIRMENTS A. Artist must not transport the Artwork from the Artist's studio or install the Artwork on site until all insurance required herein has been obtained and such insurance has been approved by the City. Artist must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Artist 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 and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of non-renewal, material Bodily Injury and Property Damage change or termination and a 10 day written Per occurrence/aggregate notice of cancellation is required on all certificates COMMERCIAL GENERAL LIABILITY including: $500,000 Per occurrence 1. Commercial Form 2. Premises —Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Fire Damage AUTOMOBILE LIABILITY FOR OWNED, NOW $50,000 COMBINED SINGLE LIMIT OR OWNED OR RENTED VEHICLES EQUIVALENT TRANSPORTATION / INSTALLATION In amounts sufficient to cover the INSURANCE replacement cost of the artwork To be provided by person or entity providing the transportation and installation of the artwork 1. During the transportation to and installation of the artwork at the Site C. In the event of accidents of any kind, Artist must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. Page 13 of 14 II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the General liability coverage, and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or' between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after"left". 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 or termination and a 10 day written notice of cancellation is required. B. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.13 (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.13. (1)-(7) are included or excluded. 2014 Insurance Requirements Parks & Recreation Department— Fire Station #5 Public Art Page 14 of 14 EXHIBIT C I. DISCLOSURE OF INTERESTS A. In accordance with City Code of Ordinances, Section 2-349 ARTIST shall list all city employees, official, and board member having an ownership interest in ARTIST' business constituting three(3) per cent or more; or having any pecuniary interest in the transaction or property which is the subject of this contract in the space provided below (Attach additional sheet 9 necessary). B. If no city employees, officials, or board members have any ownership interest in ARTIST'business, nor have any pecuniary interest in the transaction or property which is the subject of this contract, ARTIST shall initial the appropriate space provided below. City Employee. Official or Board Member Name No city employee, official, or board member has an ownership Interest in ARTIsr business constituting r (3)per cent or more; nor does any city employee, official, or board member have cui interest In the transaction or property which is the subject of i contract. ARTIST : �,, Date: ........ 42 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of April 8, 2014 Second Reading Ordinance for the City Council Meeting of April 22, 2014 DATE: March 10, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW @cctexas.com (361) 826-3595 Wastewater Lot/Acreage Fee Exemption by Urban Engineering, representative, for developer of The Grand Reserve Subdivision Unit 2 CAPTION: Ordinance exempting The Grand Reserve Subdivision Unit 2, a subdivision located between Glenoak and Caribbean Drives, East of Flour Bluff Drive, from payment of the wastewater lot/acreage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE. The purpose of this item is to exempt the proposed subdivision from the required wastewater lot/acreage fees because public wastewater facilities will not be available within the next 15 years. RECOMMENDATION: Planning Commission and Staff Recommendation (March 12, 2014): Approval of the wastewater lot/acreage fee exemption for The Grand Reserve Subdivision Unit 2 subject to a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: The developer has submitted a subdivision plat with 18 single-family residential lots. The developer's representative has submitted a request to have the property exempt from wastewater lot/acreage fees because there is no available wastewater service. The developer has indicated that it would be cost prohibitive to provide wastewater services to 18 residential lots. Wastewater Lot/Acreage Exemption City Council Agenda Memorandum Page 2 In order to provide wastewater service to the subject property, the developer would have to install approximately 3,200 linear feet of 24-inch wastewater line. This does not include the required manholes along the way. This wastewater line would be eligible for full reimbursement from the developer's trust fund. The 3,200 linear feet does not include the master planned wastewater line within the developer's property which would also be eligible for full reimbursement. The monies for the 24-inch wastewater line would come from the Developer's Trunk Line Trust Fund. Reimbursing these wastewater lines would severely impact the trust fund. The cost to the trust fund outweighs the benefit of providing wastewater to 18 lots. Therefore, staff recommends approval of the wastewater lot/acreage fees. Section 8.5.2.G.1. of the Unified Development Code (UDC) outlines the exemption of payment of wastewater lot or acreage fees if the land for which the fees are required lies within an area exempted by City Council for the payment of such fees. Exempted areas are determined by City Council, and generally are those areas not likely to be served by City wastewater services within the next fifteen (15) years. This section also provides that owners of property for which an acreage fee has been paid may receive a refund if, after 10 years, but not more than 20 years from the date of the filing of the plat, the owners of 50 percent of the property petition City Council for a hearing to determine whether the fees should be refunded. A refund may be made if City Council finds that, among other things, the property is not likely to receive services within another 5 years. ALTERNATIVES: 1. Deny requested exemption and require payment of wastewater lot/acreage fees. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The requested exemption is consistent with the UDC. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning Commission Wastewater Lot/Acreage Exemption City Council Agenda Memorandum Page 3 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: Location Map Excerpt from Wastewater Master Plan map Ordinance Exhibit A — Sanitary Sewer Connection Agreement K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\4-8-2014\G RAND RESERVE UNIT 2\AGENDA MEMO.DOC Page 1 of 2 ORDINANCE EXEMPTING THE GRAND RESERVE SUBDIVISION UNIT 2,A SUBDIVISION LOCATED BETWEEN GLENOAK AND CARIBBEAN DRIVES, EAST OF FLOUR BLUFF DRIVE, FROM THE PAYMENT OF THE 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. WHEREAS, The Grand Reserve Subdivision Unit 2 (Subdivision) is located between Glenoak and Caribbean Drives, East of Flour Bluff Drive and is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that The Grand Reserve Subdivision Unit 2 (Subdivision) is located between Glenoak and Caribbean Drives, East of Flour Bluff Drive, is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached as Exhibit "A„ b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro-rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. SECTION 3. 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 K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\03-25-2014\G RAND RESERVE UNIT 2\ORDI NANCE.DOC J CD / rm� THE GRAN D RESERVE UNIT 2 e r s , v Miles ��- 0 0.05D.1 0.2 44 286 Corpus Christi Bay Legend r._.._..- 358 i PLANNING.CITYLIMITS �yo L.u.u.s „ 'oe/0 NAS so I Rill N Site Printing Date:3/3/2014 B File:K:\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\The_Grand_Reserve_Unit_2.mxd Prepared By:corpjmm Illustrative purposes only. City Of Coordinate System: COT'pUS NAD 1983 StatePlane Texas South RIPS 4205 Feet LOCATION MAP / Christi ©City of Corpus Christi©Development Services �� SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home-Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and R. Bryan Johnson, 801 Lipan Street, Corpus Christi, Texas 78401 hereinafter called "Developer/Owner." WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for The Grand Reserve Unit 2, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Sanitary Sewer Connection Agreement The Grand Reserve Unit 2 Page 2 City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE GRAND RESERVE UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Sanitary Sewer Connection Agreement The Grand Reserve Unit 2 Page 3 EXECUTED original, this day of , 2014. DEVELOPER/OWNER: R. Bryan Johnson STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of 20147 by R. Bryan Johnson. Notary Public, State of Texas APPROVED: This day of , 2014 By: Renee Couture, P.E. Development Services Engineer APPROVED as to form: By: Julian Grant Senior Assistant City Attorney For City Attorney Plat o! The Grand Reserve Subdivision Unit 23-3B aeras u# kind out of Lets 1. 2. 4.d 3, 34,4B 5 . Baur Bluff a+ d EnekwAF» an=d'. Cord Tract% a map of vrtiktrs recarde4n Volume & Pages 41-43.Mop Rae R- of Nua€es County, Tex T -y [pa 4v 4 4.33. T. S .3,33-33.34 _.._ e��r D �.3 d.,: „_—=. tcd 3.4334 tf URBAN NEER-IAIG H 0 m� m� m -az zn Dco Z -0 m < D (n to rmm < m5 Jo 0m 059 Z D Z m-0 nr _ n O> • z0 oz 0 c nT 0 0 CO CO0 c 0 O co CO CO LI r -a m X 0o se -/5 22.2 22 ..e.•2. +. E Lk E`5. 2 4. 2. Plat of e Grand Reserve 23.38 a Icrrd a 4 of ',_ats t, 2 ani 1 Section 242. now @?r3if uaE Enafnel Farm and Csarylon Trade, a. mrt{ c+t 2'hit Ie: es.EL.E-. ed in VOurrre A. Pages 4,— F66P Reis of idvece-s County, Texas, Is4r3r3r3 i '7242 l� (3W22 _ 4) 22:a. LA t:.'-'. 5&.343. -- _- =N.a�t r,. 115941' .23221. 115.2V (32242` '--27 2 :5 1 URBAN €2G;NEER[NG 2\ ? i : OPO , H1111111111111111111111 1, o , I °d»\\«\A/ EXHIBIT B WASTEWATER MASTER PLAN US 0 _ AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 8, 2014 Second Reading Ordinance for the City Council Meeting of April 22, 2014 DATE: 2/13/14 TO: Ronald L. Olson, City Manager FROM: Barney Williams, Interim Director, Development Services BarneyW@cctexas.com (361) 826-3595 Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with VOJO Ventures, LLC in the amount of$171,451.95. (Bridge on South Oso Parkway) CAPTION: Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with VOJO Ventures, LLC, Developer of The Coves at Lago Vista Unit 313, in the amount of $171,451.95 for the City's portion of the cost of the South Oso Parkway Bridge over King Estates Ditch, in accordance with the Unified Development Code. PURPOSE: VOJO Ventures, LLC, will construct the South Oso Parkway Bridge over King Estates Ditch. BACKGROUND AND FINDINGS: The developer, VOJO Ventures, LLC, is proposing to construct a continual residential subdivision on a tract of land located south of The Coves of Lago Vista Unit 1 and The Coves at Lago Vista Unit 2. VOJO Ventures, LLC is platting the property in order to obtain building permits. As a requirement of the plat, VOJO Ventures, LLC will be dedicating the right-of-way for South Oso Parkway, building a 40-foot back of curb to back of curb with a hike and bike trail for South Oso Parkway and constructing the South Oso Parkway Bridge of King Estates Ditch. The Unified Development Code (UDC) requires the developer to pay their half of the bridge over a ditch with a bottom width of 15 feet. King Estates Ditch has a bottom width of 50 feet. Therefore the City is responsible for 25 feet of the bottom width. Since VOJO Ventures, LLC owns only the south side of the ditch, they are responsible for the south 7.5 feet of the bottom width construction. The north side of the ditch has been platted, and their developer has deposited with the City their bridge participation costs. The City of Corpus Christi will participate in 25 feet of the bottom width of the proposed bridge. The Urban Transportation Plan designates South Oso Parkway as a "P1" parkway requiring 80 feet of right-of-way and a paved section of 40 feet from curb to curb with a hike and bike trail. The UDC requires the developer to build up to a residential collector which 40 feet from curb to curb. The developer, VOJO Ventures, LLC will be responsible for $35,335.74 and the City's portion will be $171,451.95 which includes the remaining 25 feet bottom width for the bridge, the over-size of the bridge and the additional roadway to connect the South Oso Parkway to existing pavement north of the bridge to the bridge. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The proposed bridge and abutting rights-of-way are consistent with the adopted Urban Transportation Plan. EMERGENCY/ NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: The Department of Engineering Services has reviewed the proposed width of the bridge and are in agreement with the proposal. The Department of Engineering Services, Finance & Resource Management Division has reviewed the funds available from the Bond 2012 Streets, Developers Participation line item and have verified that the monies are available. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Bond 2012 Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $750,000.00 Encumbered / Expended Amount $106,459.82 This item $171,451.95 BALANCE $472,088.23 Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the motion as presented. Staff recommends approval of appropriation ordinance. LIST OF SUPPORTING DOCUMENTS: 1. Location Map 2. Participation Agreement 3. Ordinance ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A PARTICIPATION AGREEMENT WITH VOJO VENTURES, LLC, DEVELOPER OF THE COVES AT LAGO VISTA UNIT 313, IN THE AMOUNT OF $171,451.95 FOR THE CITY'S PORTION OF THE COST OF THE SOUTH OSO PARKWAY BRIDGE OVER KING ESTATES DITCH, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. 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 developer participation agreement ("Agreement") with VOJO Ventures, LLC ("Developer"), for the CITY's portion of the cost of the South Oso Parkway Bridge, including all related appurtenances, for development of the Coves at Lago Vista Unit 3B, Corpus Christi, Nueces County, Texas. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 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 , 20147 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 , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or his designee, and VOJO Ventures , LLC ("Owner"), a Texas Limited Liability Company. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 28.41 acres of land out of the North Y2 of Section 32, Laureles Farm Tracts, (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as The Coves at Lago Vista Unit 3B ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to extend and construct South Oso Parkway from its existing terminus, approximately one hundred sixty(160)feet north of King Estates Ditch, south to Oso Creek and including bridge improvements as depicted on and in accordance with the improvement requirements set forth on Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $171,451.95. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty(30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws. G. Owner shall submit standard construction contract documents to the City's Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non-approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of one year from and after the date of acceptance of the improve- ments by the City's Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE VOJO Ventures, LLC-coves at Lago Vista Unit 313 Participation Agmt vFinal 2 of 7 CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF THE COVES AT LAGO VISTA UNIT 3B DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the City's Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice("Cure Period") to cure the default. VOJO Ventures,LLC—Coves at Lago Vista Unit 3B Participation Agmt vFinal 3 of 7 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. VOJO Ventures, LLC—Coves at Lago Vista Unit 3B Participation Agmt Winal 4o(7 N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Owner: City of Corpus Christi VOJO Ventures, LLC Attn: Director, Development Services 6838 Greenwood Drive 2406 Leopard Street 178401 Corpus Christi, Texas 78415 P. O. Box 9277178469-9277 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 4. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be March 18, 2016. (EXECUTION PAGE FOLLOWS) VOJO Ventures,LLC—coves at Lago Vista Unit 3B Participation Agmt vFinal 5 of"7 EXECUTED in one original this day of , 2014. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Approved as to legal form: ° A Juli# Grant Senior Assistant City Attorney OWNER: VOJO Ventures, LLC ichard A. Voss Date Member STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2014, by Richard A. Voss, Member of VOJO Ventures, LLC, a Limited Liability Company, on behalf of said company. Notary Public's r na 'aY CATHERINE GARZA ,_°,•' ,.'' NOTARY PUBLIC rT! State of Texas Com.Exp.12 1S VOJO Ventures,LLC—coves at Lago Vista Unit 3B Participation Agml vFina! 6 or 7 MJP Island, LLC bate By, Michael Johnson Member STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2014, by Michael Johnson, President of MJP Island, LLC, a Limited Liability Company, on behalf of said company. Notary Public's SigAture UJ OXY SLs exel to e121s oliend Abvlo" ,vZi3ve 3NII VWO CATHERINE GAVIZA 8 Di TX85 is .12-Q5.2015 VOJO Ventures, LLC—Coves at Lago Vista Unit 3B Participation Agmt vFinal 7 f 7' Coves at Lago Vista Unit 3B Aerial Overview Map State of Texas County of Nueces FIRST VICTORIA NATIONAL BANK, hereby certifies that it holds a lien on the property owned by THE LAKES AT KING ESTATES, INC. dba THE COVES AT LAGO VISTA, as shown on the foregoing map and it approves of the subdivision and dedication for the purposes and considerations therein expressed. This the ____ day of _ 20___. BY: FIRST VICTORIA NATIONAL BANK BY --_ RICK H. BENAVIDES, Senior Vice -President State of Texas County of Nueces This instrument was acknowledged before me by RICK H. BENAVIDES as Senior Vice -President of FIRST VICTORIA NATIONAL BANK. This the ___ day of 20____. Notary Public in and for the State of Texos State of Texas County of Nueces THE LAKES AT KING ESTATES, INC. dba THE COVES AT LAGO VISTA, hereby certifies that it is the owner of the lands embraced within the boundaries of the foregoing plat; that it has hod said lands surveyed and subdivided as shown; thot streets shown are dedicated to the public use forever; that easements as shown ore dedicated to the public use for the installation. operation and use of public utilities; end that this map wos made for the purpose of description and dedication. This the day of 20 By: THE LAKES AT KING ESTATES, INC, dba THE COVES AT LAGO VISTA By: RICHARD VOSS, President State of Texas County of Nueces This instrument was acknowledged before me by RICHARD VOSS, as President of THE LAKES AT KING ESTATES, INC. dbo THE COVES AT LAGO VISTA, on behalf of sold partnership. This the ___ day of Notary Public in and for the State of Texas State of Texos County of Nueces This final plot opproved by the Corpus Christi Nueces County Health Unit, any private water supply and/or sewage system shall be approved by the Corpus Christi-Nueces County Health Deportment prior to installation. This the day of _ u 20_ 20 Plat of The Coves at Lago Vista Unit 3B 28.41 acres of land out of the North 1/2 of Section 32, Lourdes Farm Tract; a map of which is recorded in Volume 3, Page 15, Mop Records of Nueces County, Texas. Notes 1.) Total platted ores contains 28.41 acres of land. (Includes Street Dedication) 2.) Set 5/8 inch iron rods with red plastic cap stamped "URBAN ENGR C.C, TX" at all lot corners, except where noted. 3.) The receiving woter for the storm water runoff from this property is the Oso Creek. The TCEQ has not classified the aquatic life use for the Oso Creek, but it is recognized as an environmentally sensitive area, The Oso Creek flows directly into the Oso Bay. The TCEQ has classified the aquatic life use for the Oso Bay as "exceptional" and "oyster waters" and categorized the receiving water as "contact recreation" use. 4.) Bearings are based on the recorded plat of King Estates Unit 2, a map of which is recorded in Volume 57, Pages 107-108, Mop Records of Nueces County, Texas. 5.) By grophic plotting only, this property is 0 Zones "A11", "B" and "C" on Flood Insurance Rote Mop, Community Panel No. 485494 0520 D, City of Corpus Christi. Texas, which bears an effective date of June 4, 1987 and it is partially located in o Special Flood Hazard Area. 6,) The subdivision shall comply with all the conditions set forth In the approved Special Permit (Ordinance No. 027357). 7,) Minimum Finished Floor Elevation must be of least 18" above fronting streets and/or above minimum base flood elevation. 8,) The conveyance to any grantee of any lot within The Coves at Logo Vista shall include membership in the Homeowner's Association, which association shall hold title to all common areas in the subdivision. 9.) Lot 16, Block 12 is a private park. 10.)The City of Corpus Christi is not responsible for drainage within the private lakes In The Coves at Logo Vista Unit 38. The Homeowner's Association will be responsible for any maintenance and storm water discharge into the receiving waters. This responsibility also includes ensuring the storm water quality that discharges into the receiving waters comply with TCEQ regulations. 11.) Driveway separation along South Oso Parkway must average a separation of not less than 150 feet. SITE th Oso Pork Qea Por oy o LOCATION MAP N.T.S. State of Texas County of Nueces This final plat of the herein described property was approved by the Department of Development Services of the City of Corpus Christi, Texos. This the day of , 20 Renee T. Couture, P.E. Development Services Engineer State of Texas County of Nueces This final plat of the herein described property was approved on behalf of the City of Corpus Christi. Texos by the Planning Commission. This the day of , 20 Mark Van Mock, P.E. Govind Nadkarni, P,E., C.E., Chairman Secretary State of Texas County of Nueces I, Diana T. Barrera, Clerk of the County Court in and for said County, do hereby certify that the foregoing instrument dated the _ day of _ _ 20_, with its certificate of authentication was filed far record in my office the ___ day of , 20 . At O'clock M„ and duly recorded the day of , 20____, at _ O'clock ___M., In said County In Volume __u Poge _ Map Records. Witness my hand and seal of the County Court, In and for said County, at office In Corpus Christi, Texas, the day and year last written. No. Filed for Record Diana T. Barrera, County Clerk Nueces County, Texas at O'clock _ _M. 20 By: Deputy State of Texas County of Nueces 1, Keith W. Wooley, a Registered Professional Land Surveyor for Urban Engineering, have prepared the foregoing mop from a survey made on the ground under my direction and is true and correct to the best of my knowledge, information and belief; I hove been engaged under contract to set all Lot and Block corners as shown herein and to complete such operations with d e-anrredsonabfe-dhgea$e— consistent with sound professional practice ll This the day of Keith W, Wooley, R.P.LS. Texas License No. 5463 , 20 U R B A N' DATE: April 26, 2013 ENGINEERING SCALE: 1"=100' CORPUS CHRISTI. TEXAS JQB ND.: 38035.82,00 SHEET: 1 of 2 b,ia .'iii s f mm: -'6 r, DRAWN BY; XG Exhibit 1 Page 1 oft T,5, 26 e ° c as 6b,Rh aP-9, -o 8 Plat of The Coves at Lago Vista Unit 3B 28.41 acres of land out of the North 1/2 of Section 32 Lourdes Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas. LINE L2 BEARING 927'11'37"E N56'49'33'E DISTANCE 9.90 18.53' 64' 6 =54'59'51" R=1063.24' T=553.46' L=1020.59' CURVE DELTA ANGLE RADIUS TANGENT ARC LENGTH 01 49'57'17' 410.00' 190.99' 357.47' C2 50'26'02" 450.00' 211.92' 396.11' C3 25'13'34" 490.00' 109.65' 215.74' C4 95'30'59" 20.00' 22.02' 33.34' C5 22'10'06" 225.00' 44.08' 87,05' C6 60'22'05" 250.00' 145.41' 263.41' C7 35'30'36" 275,00' 88.05' 170.44' C8 23'07'26" 120.00' 24.55' 48.43' C9 259'10'49" 60.00' 72.55' 271.41' 010 66'07'48" 60,00' 39.06' 69,25' C11 77'30'18" 20.00' 16.05' 27.05' C12 87'00'13" 260.00' 246.75' 394.81' C13 8722'14" 300.00' 286.54' 457.47' C14 35'54'43" 340.00' 110.18' 213.11' C15 3722'39" 340,00' 115.01' 221.80' C16 82'49'09" 20,00' 17.64' 28.91' C17 82'49'09" 20,00' 17.64' 28.91' 018 8701'41" 265.00' 251.60' 402.52' 019 114'34'59" 240.00' 373,72' 479.96' C20 114'34'59" 215.00' 334.79' 429.97' C21 271'06'32" 85,00' 83.37' 402.20' C22 63'33'14" 70,00' 43.36' 77.65' 65.97'_ Radius Paint Bears 49'21'30"E 1063.24'- 77 =27'56'54" R-515.00' T=128.16' L=251.21' 877, 'The Coves at Lago Vgta U.t 3A 'Mo. 67, Pps 674-675, Mop Reco780 of %pees County Texas, North rich of Section 32 Laure:es Farm Tracts Vo',. 3, Pg. 15, Map Records of Nueaes County, Texas (0wrer, The Lakes at King Estates, Inc.) N32'31'29"E 24.73' 150 100 50 0 100 200 Graphic Scale 1 "=100' Il, N83'28'31 385,31' 58731'29"W 410.91 0 =04'29'24" T=19.21' T=49 L=38.40' URBAN' DATE: May 6, 2011 ENGINEERING SCALE: 1 =100' CORPUS CHRISTI, TEXAS JOB NO.: 3of 23580.81.00 SHEET: 2 '151-.110 '1917.41,2.0'. DRAWN BY: XG Exhibit 1 Page 2 of' w ' TC=12.75 TOP HDWL=12.00 TOP OF CURB 160' DRAINAGE RIGHT OF WAY TOP HDWL=12.00 TC=12.43 FL=5.65 TC=12.10± 4•.1SS 8'x5'x50' BOX CULVERT (TYP.) 5-8'x5'x50' BOX CULVERT & HEADWALL PROFILE SCALE: 1 "=30' EXHIBIT 2A UURBAIst ENGINEERING CORPUS CHRISTI, TEXAS 04 Firm08 Na 16 67463101 St, Corpus Christi, 6 —60 8404 PHONE (361) 664-3101 FAX: (361) 164-6001 JOB NO. 38035.B2.00 8-9-13 CU/crr Exhibit 2 Page 1 of 2 COVES AT LAGO I 0o VISTA UNIT 3B 4' CONC. 1 — SIDEWALK 1 0 0 0 160' DRAINAGE RIGHT OF WAY 5' TIED SIDEWALK WINGWALL/HANDRAIL COVES AT LAGO VISTA UNIT 1 TRANSITION TO EXIST. SIDEWALK s • 8' HIKE/BIKE PATH R.O.W. LINE -J i w COVES AT LAGO E VISTA UNIT 3B 5TIED SIDEWALK 1 WINGWALL/HANDRAIL TRANSITION TO EXIST. CURB AND SIDEWALK 1 TO CAYO DEL OSO 4' CONCY SIDEWALK k 5-8'x5'x50' BOX CULVERT & HEADWALL PLAN VIEW SCALE: 1 "=30' II 6° 'L' CURB R.O.W. LINE EXIST. PAVEMENT � I O 50.00' 8' HIKE/BIKE PA 4' CONC. SIDEWALK EXHIBIT 2B U\U N` URBA CORPUS CHRISTI, TEXAS ENGINEERING 04 FirmON Na 16 67463101 SL, Coryw MN% 2404 PHONE (361) 664-3101 F0X: (361) 654-6001 JOB NO. 38035.B2.00 8-9-13 CU/crr Exhibit 2 Page 2 of 2 Engineer: Chuck Urban, P.E. Cost Estimate 11-8-13 Client: VOJO VENTURES, LLC for Job No. 38035.132.00 By: CRR THE COVES AT LAGO VISTA UNIT 313 ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL QUANTITES PRICE COST A. STREET AND SURFACE IMPROVEMENTS: 1 Clear and Grub 29.84 AC $350.00 $10,444.00 2 Excavation-No Import 24,141 CY $5.00 $120,705.00 3 2" HMAC Including Prime Coat 5,888 SY $16.50 $97,152.00 4 1 1/2" HMAC Including Prime Coat 5,287 SY $14.00 $74,018.00 5 6" Crushed Limestone Base 5,287 SY $12.50 $66,087.50 6 8" Crushed Limestone Base 5,888 SY $14.00 $82,432.00 7 3" Crushed Limestone Under Curb 863 SY $5.50 $4,746.50 8 Alternate- Geo-Grid Fabric in lieu of LS Subgrade 12,834 SY $5.25 $67,378.50 9 6" 'L' Curb 5,279 LF $13.30 $70,210.70 10 8' Concrete Sidewalk 11,545 SF $4.80 $55,416.00 11 4' Concrete Sidewalk 8,108 SF $4.50 $36,486.00 12 5' Concrete Valley Gutter 394 SF $7.00 $2,758.00 13 Street Sign 2 EA $500.00 $1,000.00 14 Street Barricade 1 EA $1,325.00 $1,325.00 15 3'Valley Gutter between lots 18-19 851 SF $7.00 $5,957.00 PAVING SUB-TOTAL: $696,116.20 B. STORM SEWER IMPROVEMENTS: 1 48" RCP 771 LF $117.00 $90,207.00 2 36" RCP 349 LF $85.00 $29,665.00 3 30" RCP 292 LF $60.00 $17,520.00 4 24" RCP 310 LF $46.20 $14,322.00 5 18" RCP 174 LF $39.00 $6,786.00 6 OSHA Trench Protection 1,895 LF $1.50 $2,842.50 7 5' Diameter Manhole 1 EA $4,350.00 $4,350.00 8 5' Slot Inlet 7 EA $3,000.00 $21,000.00 9 Type 'B' Manhole 2 EA $3,325.00 $6,650.00 10 30" Plug 1 EA $450.00 $450.00 11 Outfall Structure with velocity inhibitors 2 EA $6,415.00 $12,830.00 12 Intake Structure 1 EA $5,985.00 $5,985.00 13 Temporary Drainage Swale Excavation w/Stablization 1,470 CY $10.00 $14,700.00 14 Fill In Existing Swale and Compact in 6" Lifts 4,515 CY $6.70 $30,250.50 15 Lake Excavation 42,000 CY $4.90 $205,800.00 STORM SEWER SUB-TOTAL: $463,358.00 C. WATER IMPROVEMENTS: 1 8" PVC C-900 1,431 LF $24.00 $34,344.00 2 6" PVC C-900 995 LF $21.00 $20,895.00 3 2" SDR 9 HDPE Pipe 471 LF $14.00 $6,594.00 4 8" Gate Valve and Box 2 EA $1,235.00 $2,470.00 5 6" Gate Valve and Box 2 EA $950.00 $1,900.00 6 2"Valve 4 EA $600.00 $2,400.00 7 6" Cap with 2"Tap Tee 2 EA $425.00 $850.00 8 8"x8"x6" Ductile Iron Tee 2 EA $475.00 $950.00 Exhibit 3 Page 1 of 3 Engineer: Chuck Urban, P.E. Cost Estimate 11-8-13 Client: VOJO VENTURES, LLC for Job No. 38035.132.00 By: CRR THE COVES AT LAGO VISTA UNIT 313 ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL QUANTITES PRICE COST 9 Fire Hydrant Assembly Complete In Place 3 EA $3,200.00 $9,600.00 10 8" Cap with 2" Blowoff Valve and Riser 1 EA $500.00 $500.00 11 8" Ductile Iron Ditch Crossing w/4 45 Degree Bends 1 LS $2,750.00 $2,750.00 12 Tie to Existing Service 1 EA $750.00 $750.00 13 Long Single Lot Service Connection 2 EA $685.00 $1,370.00 14 Long Double Lot Service Connection 5 EA $825.00 $4,125.00 15 Short Single Lot Service Connection 2 EA $675.00 $1,350.00 16 Short Double Lot Service Connection 10 EA $735.00 $7,350.00 WATER SUB-TOTAL: $98,198.00 D. SANITARY SEWER IMPROVEMENTS: Sanitary Sewer Service will be by individual on-site treatment systems. E. MISCELLANEOUS IMPROVEMENTS: 1 Bonds and Insurance 1 LS $3,425.00 $3,425.00 3 CP&L Conduit-Street Lights 210 LF $13.00 $2,730.00 4 Construction Entrance 1 EA $2,350.00 $2,350.00 5 SWQMP3 1 LS $650.00 $650.00 6 Silt Fence 1,575 LF $2.00 $3,150.00 MISCELLANEOUS SUB-TOTAL: $12,305.00 TOTAL ESTIMATED IMPROVEMENTS COSTS: $1,269,977.20 BRIDGE IMPROVEMENTS: 1 2" HMAC Including Prime Coat 504 SY $18.00 $9,072.00 2 8" Crushed Limestone Base 504 SY $17.50 $8,820.00 3 GeoGrid Fabric in lieu of Lime Subgrade 693 SY $7.00 $4,851.00 4 6" 'L' Curb 338 LF $14.00 $4,732.00 5 5' Tied Sidewalk 1,764 SF $5.25 $9,261.00 6 Handrail 252 LF $85.00 $21,420.00 7 5 Each 8'x5'x40' Concrete Box Culvert 1 LS $95,000.00 $95,000.00 8 Concrete Headwalls 2 EA $20,000.00 $40,000.00 9 Compacted Backfill 1 LS $21,000.00 $21,000.00 BRIDGE SUB-TOTAL: $214,156.00 ESTIMATED TOTAL COSTS: $1,484,133.20 Exhibit 3 Page 2 of 3 PARTICIPATION/REIMBURSEMENT ESTIMATE Aug. 9, 2013 FOR Job No. 38035.132.00 BRIDGE IMPROVEMENTS TO OSO PARKWAY SOUTH COVES AT LAGO VISTA UNIT 3B ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 5% PRICE COST A. BRIDGE IMPROVMENTS: 1 2" HMAC Including Prime Coat 480 504 SY $18.00 $9,072.00 2 8" Crushed Limestone Base 480 504 SY $17.50 $8,820.00 3 8" Lime Stabilized Subgrade 660 693 SY $7.00 $4,851.00 4 6" 'L' Curb 322 338 LF $14.00 $4,732.00 5 5' Concrete Tied Sidewalk 1,680 1,764 SF $5.25 $9,261.00 6 Handrail 240 252 LF $85.00 $21,420.00 7 5 Each 8'x5'x50' Concrete Box Culvert 1 1 LS $95,000.00 $95,000.00 8 Concrete Headwalls 2 2 EA $20,000.00 $40,000.00 9 Compacted Backfill 1 1 LS $21,000.00 $21,000.00 ESTIMATED BRIDGE IMPROVEMENTS TOTAL: $214,156.00 ENGINEERING, STAKING AND TESTING (10%): $21,415.60 ESTIMATED TOTAL COSTS; $235,571.60 DEVELOPER SHARE UNIT 3B 7.5/50 x$235,571.60: $35,335.74 PREVIOUS PARTICIPATION UNIT 1: $28,783.91 TOTAL ESTIMATED CITY PARTICIPATION/REIMBURSEMENT= $171,451.95 EXHIBIT 3 Urban Engineering Firm#145 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit 3 Page 3 of 3 City of Corpus Christ],Texas All. Deparftnent of Development Services f—110MIL—I P-0,Box 9277 City of Corpus Christ],Texas 78469.9277 (361)826-3240 nith Corpus LocMed aL 2406 Leopard Street ONENOW {Corner ofl.eopard St.and Port Me) ONNOW NNW Christi DISCLOSURE OF INTERESTS 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". NAME: YQigVentur-es. LL-Q STREET: 6838 Greenwood CITY: Corpus Christi ZIP: 78415 FIRM is: Z]Corporation E] Partnership ❑ Sole Owner ❑Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Title N/A NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3%or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A NIA 4. State the names of each employee or officer of a "consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Consultant NIA N/A CERTIFICATE 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: Richard Voss Title: (Print) Signature of Certifying Person: Oates ' Z KDEVELOPMENTSWSWIAREDTAND DEVr.1,OPd6T0RD1NANCT-,ADMINISTRA7110MAPPLICATION FORMSTORMS AS PER LEGALQ0121D9SCLOSURr OF INTERESTS STATEMENT1 27.12.130C Exhibit Page 1 of 2 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. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "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. e. "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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. KADEVELOPMENTSVCS)SHAREDILAND DEVELOPMEN71ORD1NANCE ADMINISTRATIOMAPPLICATION FORMSIFORMS AS PER LEGALU012\DISCLOSURE OF INTERESTS STATEMENTI.27,12.DOC Exhibit 4 Page 2 of 2 _ AGENDA MEMORANDUM First Reading Item for the City Council Meeting of April 8, 2014 Second Reading Item for the City Council Meeting of April 15, 2014 DATE: March 17, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mop_cctexas.com 361-826-3460 Appropriation of revenue for replacement of Gulf beach lifeguard stand CAPTION: Ordinance appropriating $11,500 from additional revenue in Fund No. 1020 General Fund, Parks and Recreation operating budget for the replacement of Gulf beach lifeguard stand; changing FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenues and appropriations by $11,500 each. PURPOSE: To appropriate funds collected from reparations to damaged lifeguard stands on the beach. BACKGROUND AND FINDINGS: In June of 2013, a Beach Rescue lifeguard stand was vandalized. The perpetrator was caught and required to pay for the damages. Since this stand is a necessity to beach rescue, operating funds were used to replace the needed lifeguard stand while the case was in litigation. The case has now been settled and the funds released to the City. ALTERNATIVES: Do not appropriate funds. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City Council approves appropriation of revenue. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $ 511,729 Encumbered / Expended Amount (3/14/14) (262,372) This item 11,500 BALANCE $ 260,857 Fund(s): General Fund Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the City Manager or designee to execute documents necessary to appropriate $11,500 from additional revenue in Fund No. 1020 General Fund, Parks and Recreation operating budget for the replacement of Gulf beach lifeguard stand; changing FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenues and appropriations by $11,500 each. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to appropriate $11,500 from additional revenue in Fund No. 1020 General Fund, Parks and Recreation operating budget for the replacement of Gulf beach lifeguard stand. Section 2. That the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 is changed to increase revenues and expenditures by $11,500 each. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 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 , 2014 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 , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor US 0 _ AGENDA MEMORANDUM First Reading for the City Council Meeting of April 8, 2014 xg Second Reading for the City Council Meeting of April 15, 2014 DATE: March 17, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3494 FY14 Elderly Nutrition Program (ENP) Grant Partial Award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $219,808 partial grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2014 Senior Community Services, Elderly Nutrition Program. PURPOSE: Appropriate grant funds for the FY14 Elderly Nutrition Program. BACKGROUND AND FINDINGS: The Elderly Nutrition Program (ENP) is made available through the Area Agency on Aging of the Coastal Bend and through this addendum provides funding for the continuation of the Senior Community Services, Elderly Nutrition Program. The fund authorization period is effective October 1, 2013 through September 30, 2014. Reimbursement for ENP services provided during this period is made available with this amendment. This grant requires a minimum of 10% City matching funds which is met through funds budgeted in General Fund 1020, Senior Center Operations. Locally, these projects include the Elderly Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and Benefits Counseling. The Benefits Counseling service is a component of the Health Information Counseling &Advocacy Program of Texas (HICAP). The Elderly Nutrition Program coordinates the congregate and home delivered meals operations to provide a fully prepared, well-balanced noon meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We project to serve 97,191 congregate meals; 70,940 home delivered meals; 47,723 Title XX Meals on Wheels; 15,132 Managed Care meals; 2081 Sponsored Meals for a total of 233,067 meals and 267 hours of Benefits Counseling service units during fiscal year October 2013 through September 2014. ALTERNATIVES: Eliminate the Elderly Nutrition Program services. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement to receive and appropriate grant funds on an annual basis for the continuation of the Elderly Nutrition Program. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: This grant requires a minimum of 10% City matching funds, which were appropriated as part of the FY14 City budget General Fund. X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item $ 219,808 $ 219,808 BALANCE $ 219,808 $ 219,808 FUND(S): Parks & Recreation Grant Fund 1067 Comments: NA RECOMMENDATION: Staff recommends that City Council accept the FY14 Grant Award. LIST OF SUPPORTING DOCUMENTS: Ordinance Attachment— Notification of FY14 Grant Award Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $219,808 partial grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2014 Senior Community Services, Elderly Nutrition Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a $219,808 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2014 Senior Community Services — Elderly Nutrition Program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Co .Area Agency 'Rassn$a.�i aiisry I COASTAL 8EH0 esource COUNCIL o1= ;Center °IA�in g GOVERNMENTS October 1, 2013 Ms. Elsa Munoz, Superintendent City of Corpus Christi — Sr. Comm. Svcs Post Office Box 9277 Corpus Christi, Texas 78469 Re: Fiscal Year 2014 Contract Amendment Contract No. AA3-1148-4 Dear Ms. Munoz: Enclosed is your file copy of the CBCOG-AAA and the City of Corpus Christi - Senior Community Services Older Americans Act Contract Amendment for Fiscal Year 2014. The amended sections of the contract now extending from October 1, 2010 through September 30, 2014 are listed below. Contract Section I. (3) Contract Term. The original three year contract is hereby extended to four years. October 1,2010-September 30, 2014., Contract Section II. Amended Sections. Attachment A. Contract Attachment A is hereby replaced by the following Reimbursement Rates for Fiscal Year 2014 extending from October 1, 2013 to September 30 2014: RATES SERVICE FIXED Home Delivered Meals $4.95 One Meal Congregate Meals $6.36 One Meal Legal Assistance Over 60 $54.76 One Hour Contracting methodology remains as a Fixed Unit-Rate Contract as per original agreement. All meals will be provided in accordance with Standard Menu Pattern as described in 40 Texas Administrative Code, Rule 85.302 Attachment C. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts and Grants is updated for Fiscal Year 2014. This attachment is hereby made a part of the Fiscal Year 2014 Contract Amendment. LOCATION: 2910 LEOPARD STREET;CORPUS CHIRSTI,TEXAS 78408 PHONE: (361)883-3935 MAILING: POST OFFICE BOX 9909;CORPUS CHIRSTI,TEXAS 78469 TOLL FREE: 1-800-817-5743 www.aaacoastalbend.org 5.,�.�,, ,�,.J,ww.�� �„r, ,. FAX: (361)883-5749 The Area Agency on Aging is funded in part by the Texas Department of Aging and Disability Services Attachment G. Budget Work Papers are updated to reflect all Rate Setting Documents for Fiscal Year 2014 including Provider Profile, Provider Total Budget by Service, Analysis Sections 1 and 2, Budget Worksheets, Budget Worksheet Calculation of Unit Rate Forms, Budget Worksheet Certification Forms, and In-Kind Match Certification Forms for all services provided under this agreement. These signed documents are hereby made a part of the Fiscal Year 2014 Contract Amendment. Request for Proposal attachments are amended to reflect updated documents for Fiscal Year 2014 as follows: b. Summary of Insurance Coverage C. Written Plan for Emergencies j. Copy of Most Recent Texas Department of Health Food Service Establishment Inspection Report far each kitchen your organization uses to prepare meals. All referenced documents above are attached and made part of the Fiscal Year 2014 Contract Amendment. Attachment H. Approved Fiscal Year 2014 Waiver Form 2027 for Home Delivered Meals is attached to this document and is hereby made a part of the Fiscal Year 2014 Contract Amendment. Attachment I. Audit Certification form for Fiscal Year 2014 is attached to this document and is hereby made a part of the Fiscal Year 2014 Contract Amendment. Effective Date The effective date of the Fiscal Year 2014 Contract Amendment is October 1, 20I3. All other sections of the four-year Contract for OIder Americans Act Services extending from October 1, 2010 through September 30, 2014 between the City of Corpus Christi and the Coastal Bend Council of Governments » Area Agency on Aging remain in effect. Sincerely, John P. Buckner, Executive Director Coastal Bend Council of Governments S: n! nl r Pm' nd•Pp2® ®ST„RevOL Page 2 of COASTAL BEND //AxeaAAency rRAging&Disabillty COASTAL BEND esource ,t� COUNCIL OF Center on n GOVERNMENTS November 18, 2013 Ms. Elsa Munoz, Superintendent City of Corpus Christi - Parks & Recreation Dept. Post Office Box 9277 Corpus Christi, Texas 78469 Re: NFA (Notification of Funds Available) for FY2014 Dear Ms. Munoz: Enclosed is your first allocation for FY2014. These funds are provided under the Title III of the Older Americans Act of 1965, as amended. Please note the FY2011-FY2013 Three-year Contract has now been amended to include FY2014. The contract period is now October 1, 2010 to September 30, 2014. If you have any questions about the enclosure, please call the office or send your inquiry by email. Sincerely, /4 rom& Betty Lamb, Director Area Agency on Aging enclosure SApra0m0od AMWh&"FAhY1&WFA•1tkZd _11-W1 LOCATION: 2914 LEOPARD STREET;; CORPUS CHIRSTI,TEXAS 78408 PHONE: (361)883-3935 MAILING: POST OFFICE BOX 9949„CORPUS CHI STI,TEXAS 78469 TOLL FREE: 1-844-817.5743 www.aaacoastalbend.org FAX: (3 1)8835749 The Area Agency on Aging is funded in part by the Texas Department of Aging and Disability Services NOTIFICATION OF FUNDS AVAILABLE AREA AGENCY ON AGING OF THE COASTAL BEND POST OFFICE BOX 9909 CORPUS CHRISTI, TEXAS 78469 SUBCONTRACTOR: Date: November 18,2013 Ms. Elsa Munoz, Superintendent CONTRACT PERIOD: 10/01/2013 -09130/2014 City of Corpus Christi CONTRACT"NUMBER: AA3-l 148-4 Parks&Recreation Department AWARD ISSUANCE NUMBER: 1 Senior Community Services Post Office Box 9277 Corpus Christi,Texas 78469 This Notification of Funds Available is issued as an addendum to your contract with the Coastal Bend Council of Governments Area Agency on Aging / Coastal Bend Aging and Disability Resource Center for the period October 1, 2013 through September 30, 2014. The funds awarded under this addendum are for the above period in the amount(s) shown below. It is understood and agreed by the Subcontractor that any payment thereunder, shall be for services provided in accordance with all requirements set forth in the referenced contract. The Subcontractor certifies upon request for any funds awarded under this addendum that the Subcontractor is not debarred, proposed for debarment, suspended, ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas. CONGREGATE MEALS III-C1/SGILNSIP $ -0- $38,482 $ 5,118 $43,6 .......................................................................................................................................................... ..,�,. .. .d mmrrrrrrrr ................................................................................... HOME DELIVERED $ -0- $38,327 $ 5,118 $438445 MEALS III CVSGRINSIP .................................................................... ............................... SUPPORTIVE SERVICES III-B $ '0- $ 2,386 $ -0- $ 2,386 TOTAL AWARD $ -0- $79,195 $10,236 $89,431 (1) This award represents initial funding for FY14 that has been allocated to your agency. .. ... .... ........ John P.Buckner,Executive Director cc, Aldilia S ldivar Coastal Bend Council of Governments Finance-Federal Grants I Am,u"A 11.s wvP­�hi i..c ,, fl: ruaF 4 In jjarA r1 )a aryl COASTAL BEND /Area Agency Aging L Dosabil COASTAL BEND e?6Wi a COUNCIL OF Center SGOVERNMENTS .•••. � . OIF Aff C8AiL1[86im February 10, 2014 Ms. Elsa Munoz, Superintendent City of Corpus Christi - Parks & Recreation Dept. Post Office Box 9277 Corpus Christi, Texas 78469 Re: NFA (Notification of Funds AvaiIable) for FY2014 Dear Ms. Munoz: Enclosed is your second allocation of funds for FY2014, reflecting year-to-date funds awarded through February 10, 2014. These funds are provided under the Title III of the Older Americans Act of 1965, as amended. Your final allocation for FY2014 will be awarded when the Texas Department of Aging and Disabilities awards final FY2014 to the AAA. Also enclosed is FY2014 NFA #I dated November 18, 2013 for your records. If you have any questions about the enclosure, please call the office or send your inquiry by email. Sincerely, Betty Lamb, Director Area Agency on Aging enclosure 6. kFYfIfF10A7-1y y�1�•'� LOCATION: 2910 LEOPARD STREET,;;CORPUS CHIRSTI,TEXAS 78408 PHONE: (361)883-3935 MAILING: POST OFFICE BOX 99W CORPUS CK STI,TEXAS 78469 TOLL FREE: 1-800-8175743 www.aaacoastalbend.org FAX: (361)8835749 The Area Agency an Aging is funded in part by the Texas Department of Axing and Disability Services NOTIFICATION OF FUNDS AVAILABLE AREA AGENCY ON AGING OF THE COASTAL BEND POST OFFICE BOX 9909 CORPUS CHRISTI, TEXAS 78469 SUBCONTRACTOR: Date: February I0,20I4 Ms. Elsa Munoz, Superintendent CONTRACT PERIOD: 10/01/2013 -09/30/20I4 City of Corpus Christi CONTRACT NUMBER: AA3-1148-4 Parks&Recreation Department AWARD ISSUANCE NUMBER: 2 Senior Community Services Post Office Box 9277 Corpus Christi, Texas 78469 This Notification of Funds Available is issued as an addendum to your contract with the Coastal Bend Council of Governments Area Agency on Aging / Coastal Bend Aging and Disability Resource Center for the period October 1, 2013 through September 30, 2014. The funds awarded under this addendum are for the above period in the amount(s) shown below. It is understood and agreed by the Subcontractor that any payment thereunder, shall be for services provided in accordance with all requirements set forth in the referenced contract. The Subcontractor certifies upon request for any funds awarded under this addendum that the Subcontractor is not debarred, proposed for debarment, suspended, ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas. r y w m i u and �, M1 CONGREGATE MEADS III-C1/SGR/NSIP $43,600 $49,307 $14,454 $107,361 .............. ­. ......................................................................., ...................................o......- HOME DELIVERED $43,445 $49,105 $..14,454.............. ..............................____....... MEALS III C2dSGR/NSIP 107,004 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ..... SUPPORTIVE SERVICES Ill-B $ 2,386 $ 3,057 $ -0- $ 58443 TOTAL AWARD $89,431 $101,469 $28,908 D219,808 (1) This award represents partial funding for FY14 based on funds awarded to CBCOG AAA through February 10, 2014. John P.Buckner,Executive Director c( Aldifia Saldivar Coastal Bend Council of Governments Finance Federal Grants Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS Federal Executive Order 12549 requires the Texas Department of Aging and Disability Services(DADS)to screen each covered potential Wiltractorigrantee to determine whether each has a right to obtain a contract/grant in accordance with federal regulations on debarment,suspension,ineligibility,and voluntary exclusion. Each covered contractor/grantee must also screen each of its covered suboontractors/providers. In this certifi cation 'contractor/grantee' refers to both contractor/grantee and subcontractorlsubgrantee. 'cont racYgrant' refers to both contract/grant and subcontract1subgrant. By signing and submitting this certification the potential contractor/grantee accepts the follovAng terms: I The certification herein below is a material representation off t upon which reliance was placed when this conlract/grant was entered into. If it is later deter6ned that the potential contractor/grantee knowingly rendered an erroneous certification,in addition to other remedies available to the federal government,the Department of Health and Human Services"United States Department of Agriculture or other federal department or agency,or the Texas Department of Aging and Disability Services may pursue available remedies,including suspension and/or debarment. 2. The potential contractorigrantee shall provide immediate written notice to the person to which this certifi cation is submitted if at any time the potential contractorigrantee learns that the certification was erroneous when sub6tted or has become erroneous by reason of changed circumstances. 1 The words'covered contract' 'debarred,*'suspended,*'Ineligible,''participant,' 'person,' 'principal,"'proposal,'and'voluntarily excluded," as used in this certifi cation have meanings based upon materials in the Definitions and Coverage sections of federal rules implementing Executive Order 12549, Usage is as defined in the attachment, 4, The potential contractor/grantee agrees by subm"Ming this certification that,should the proposed covered con/ rant be entered into,it shall not knowingly enter into any subcontract with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the Department of Health and Human Services,United States Department of Agriculture or other federal department or agency,and/or the Texas Department of Aging and Disablity Services,as applicable. "S" Do you have or do you andc1pate having sub con tractors/subgrantees under this proposed contract? —X—YES NO 5, The poten4al oDntraclor/grantee further agrees by submitting this certification that it will include this certification titled'Cerlificallon Regarding Debarment, Suspension,Inergibility,and Voluntary Exclusion for Covered Contracts and Grants'without modification,in all covered subcontracts and in solicitations for all covered subcontracts 5. A contractor/grantee may rely upon a certification of a potential sub ntraclor/surant that It is not debarred,suspended,ineligible,or voluntarily excluded from the covered oDniract/grant,unless it knows that the certification is erroneous. A contractortgrantee must,at a minimum,obtain certifications from its covered subcontractorstsubg rant ees upon each subcontracCs/subgranCs initiation and upon each renewal, 7'. Nothing contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this certification document The knowledge and information of a contraLlor/grantee is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings 8. Except for oDnitacts/grants authorized under paragraph 4 of these terms,if a contractor"grantee in a covered contracVgrani knowingly enters into a covered subcontract/subgrant with a person who is suspended,debarred,ineligible,or voluntarily excluded from parltipalmn in the transaction,in addition to other rem available to the federal government,Department of Health and Human Services,United State Department of Agriculture,or other federa',,,department or agency,as applicable,and/or the Texas Department of Aging and DisabVity Services may pursue available remedes,Including suspension and/or debarment. ----------11 1–, 11------------ CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS Indicate which statement applies to the covered potential contractor/grantee: calion,that neither it nor its principals Is pr esently debarred,suspend for ed,proposed The potential conlractorigrantee certifies,by submission of this cedif debarment,declared ineligible,or voluntarily excluded from participation in this contract/grant by any federal department or agency or by the Slate of Texas The potential contractor/grantee is unable to certify to one or more of the terms in this certification In this anslance,,the potential contraclorigrantee must attach an explanation for each of the above terms to which he is unable to make certification. Attach the explanaUon(s�to this certification. Cfty of Co us Christi-Parks and Recreation Department-Senior Communft Services 74-6000574 NAME OF POTENTIAL CONTRACTOWGRANTEE. VENDOR 10 NOJFEDERAL EMPLOYER'S ID NO. Michael Morns Signature ofA a0zed Representative PrinledfTyped Name of Authorized Representative Date Title of Authorized Representative TIHS CERTIFICATION IS FOR FFY 2014,PERIOD BEGINNING OCTOBER 1 2013 AND ENDING SEPTEMBER 30,2014. INSTRUCTIONS F CERTIFICATION 1. By signing and submitting this proposal,the prospective contractor/grantee is providing the certification set out below. 2. The inability of a contractor/grantee to provide the certification required below will not necessarily result in denial of participation in this covered transaction.The prospective contractor/grantee shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction.However,failure of the prospective contractor1grantee to furnish a certification or an explanation shall disqualify such contractor�grantee from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If is later determined that the prospective contractor/grantee knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective contractor/grantee shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective contractor/grantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," ''principal," "proposal,"and "voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations(13 CFR Part 145). 6. The prospective contractor�grantee agrees by submitting this proposal that, should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective contractorgrantee further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions, "provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may,but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 Attachment 9/11/2013 1:29 PM Submission#1 6,28 13 Department of in and Disability Services Uniform Rate Negotiation Workbook/Budget Federal Contract Period: 10-01-13109-30-14 Common Provider 1 Nutrition Providers Legal Business Name: City of Corpus Christ! 2 Street Address: 1201 Leopard 3 Mailing Address: 1201 Leopard 4 Clty: Corpus Christi,TX 5 Zip Code: 78401 6 Phone Number: 361-826-3150 7 E-mail Address: elsam@cctexas,com Contact Name: Elsa Munoz Nutrition Providers website address: cctexas.com 10 Did this Nutrition provider complete a rate setting workbook last year? Yes 11 If Yes what was the provider name listed on the workbook? C!ty of Corpus Christi 72-is the Provider a AAA Provider? Yes 13 If Yes,select the AAA Name: -----Area Agency on Aging of the Coastal Band If Yes,contact name at AAA: Betty Lamb 15 If Yes,is it a contract or vendor relationship? Contract 16 Is the Provider a DADS Community Services Provider? Yes 17 If Yes,Contract Manager name at DADS Community Services: Teresa Saenz If Yes,select the DADS Region Number: Region 11 Vg if Yes,enter the DADS contract number: 167400 Service Delivery Information Home Delivered Meals YO Does this Nutrition provider serve home delivered meals paid for by DADS or the AAA? Yes '21 Does this Nutrition provider have an approved Home Delivered Nutrition Waiver for 2013? Yes 22 Is this Nutrition provider requesting a Home Delivered Nutrition Waiver for 20147 Yes 23 Total number of home delivered meat routes for this provider: 11 24 Total number of meal preparation sites used by this provider: 1 Congregate Meals 25 Does this Nutrition provider serve congregate meals paid for by the AAA7 Yes '26 Does this Nutrition provider have an approved Congregate Nutrition Waiver for 20137 No IIs this Nutrition provider requesting a Congregate Waiver for 2014? No Total number of meal preparation sites used by this provider: 1 Tatal number of meal sites used by this provider. 8 Provider Total BmArt by Service_ Provider Nami t t @ - Herne Nutrition 1 Nutrition 1 Total Agency I Defternd Education e Education 1 9a Meat P _ Tei-:. AAA Clients f RLS Cluing Personnel Salaries(Identified by Job tBs) 1 € € Stall Auletants I1.5 FTE Positrons] T5 1U7 DOI to NT . 1 ';, Homos Coadnaban l (1 FTE Position- :+42x9 WE 173cn311U Krishan Supervisor (1FTE Position 23511 DO' I8.(lei 1X1_ Cooks (2.48 FTE Peed:mug 4H I-'7 66 2517-.5 Mr Tradeshatper (1 FTE Position)! te432 lei 3 Se011- Laborer (2.45 FTE Positions) TO 51g DUI 29 XIIV E Outreach Works 11 FTE Postme1 28_ '',7,.0 C 1) Accounting TWa8tlun (1 FTE Poeanns 4144 1W3 ,666 Mt Senor Aomunl Clerk (1 FTE Positions in 798187 -U "1:1074V Staff Assistants (4.02 FTE Positions(039 in Sondem Senior 5lcm SuPedvew (1 FTE P.d.... (777.0,770 s Sita M Building end Grounds Cualndlen 11( 9 FTE Positions_.; it t .8 4 Ms Supsnterdsnl (1 FTE P 51 143 Lei III - i _8 Management Aide €(1 FTE Position - 047 73113 :# Admmsbabve Assistant (1 FTE Pcsite8;1 14 lit CV Senior Canter Supervision (5 B2 FTE Position 174.9715 IV Meal Count: 52% HDM. 41% Congregate and Sler Plus 7% AU IG(rhan Stag mal alocation is based on meal woof AYane x111 cost allocabon Is based on hen sleds pe anlage teal Total Sat./r.. Payroll axes It Benefits (Employer Pal..:) ..._ __— .._.. Federal Iniwincs compensation A0 (FICAI't Texas Unemployment Cempensibon AG ITUCA)' Federal Unemployment Tax ACi (FUTA): 241 I °x Nil. - -- -� Workers cernpsnee.* l -ail 17 115" Health Insuren •i 174 733, ?KIM! Congregate 1 Meer -.Fant l: Adrr.rs!ationf TAR Plus Canter Meals <-- oboes Ileamessr iipp%ceble 1 appkcabfe replace wtth We : replace wit Ida umlaut ts11h title of other agency of other agency; of other agency eabince no ed Is 39411 13 947 (YI 11 x8848881 10.912 60 7 757 ,V) 20 742 §77ate 411 ,U2:7,1":91.3 3,511rY to ( 759 t 26 63111'.. 1.177 7I P P7 UT4 PIP 7.181 4`1 414 748 74...1891 7,13717 1.5 E7417. [1111€ Retimmanl Cakrulatd at 2445 x Salary v Retirement TAWS and FICA ToldPo:_Team d Beinehtss Pad: Contrast atilt Neatly by Position!, Total Contact sloth r=te=11 7 574 NII = ^179 4777477 4 1 4213 €#7 158.=;2 2.1811 8481 -4-12, Eta Professional Dams.:=_E, ant Cones fence (IIx Con'Fence & Alton deul Benefits Counseling Trawling (7 slag) and local Yining for senior saner and kitchen stag required for licensors such as Foot Aid8CPR. Food' Managers Cerb1c.Yon. Food Hems Cards. Me. ( Tau Cselerences mos (list OrganitaUon FTamil Meda on Wheels *sweetest o1 Amens* and Meals on W he.le a1 Texas eta& Dues' aluGl. (list Item te: 2T1 T9-11 181 z 111 3`74;;90 Provider Tot I Coil Area Prookaar Hama' smrzoo T30 PM udt by SFvk Rowe potholed .4e1 Pum ]U21O 02 UM TTAVErTA1 -41TOUTT5 Total Agaacy Budget Estimated raw food coat 51.3Mund 'Taal Raw Feed gF 60 g g Pitha S Carrara! Kiketwo FFOUgil Meiti Chided Meals -ty Notidarr Palace Eder -atom Edo:ash:or cgoto MA Maud RLS C.Aenka PhoM Puow§m STAR PI Maas Rausaa Nrawber. AoSusiegraddei Comer qawarlues s A alth. CTs Pa Asa ap wawaLToa a r of other 4e5.37.6 - 1G5.T.20 t"Xj 2,5 875 trJ Shed Stable Meals kiii511 Uri 4 477 9t14 tri ,Y# - Purchased Meals 4 477(.13 U" S1 Cogasuenahua iiderriihyW type) tice-Capeul Eqoproweillasi east S5,000 pat Raul Papoipessas gawk inoperaW, Pare*, ulertaaa eta) Meal Doever-yCanaurnatrie Supplies Pais/Parw/Coaided Altereada PedaRaitA+Cooking utonas 50f- O Caakrara Supplied Altaidoure led, drawaehrod liquid: &yea apple harslet*. plasiro woe papta lowela, par souetrare etc (18,667} °thaw (identify i5diVidually afi home 0,19F Sam -a Cade arierabalatap 7-414 Caretwowava Toroi alalFeed Tatalgthtm Provider Total Bud Powder Nwr el_pr -7. c p_ '1112917 1 - PM ���� et 6_ _Service Home Delivered cal the Coastal Bend - _— --til applicable = k applicable - applicable Nutrition Nuhitron € I - Adm.1FstlatrwJ , replace mei title - replace grin tills t replace MD rills Edcutron- Eduueon I Congregate „ STAR Pin Cartier Participant t of other agency - of other agency of niter agency AAA Ciento RLS Ciento f Meal ' - am 1. heal. € _born Aaseaement 1- Masat 000 . en Depreciation Nimbly Ham, yew purchased, cost) T� Tatalaprr ince NM= Interest pais Wily Hem, year purchased, cosi* W Intmost. Leasing (identlty Hem, year leased) Cop Renata, Ceniutsr Rentals, Gauss Dap Removal, Dumps'r Fen, Thee are 4 copiers 6u1 ase leased in addition to 6 computers. Thee shoe the replacement of agv.pment u pet the contract schedule Tow /Maintenance (Identify Ilam, yew purchased, coat >- Kitchen Equipment purchased In 26011 and Minter equpms%L and PC` repairs `,472-0204 m Telal E-- A portion of the Ciya aver match Nig 1P beside center:. opsiationnedministraten Based on.. _. for FY F7 — Total Undies Dapischafin P - Dapisch0m pdanoty item, year perc1 0& coil 14t1 135 03 13 07D 047 €,i UFO fai Insurance (Identity type of insurance) To e.:€tee Inhales Total kiss-__:i Satdutlly Alarm Syele 1 el 161 senor center and Nutrlbon Education 5 , :: Cantor ti=- I u 1L-) - - a =sem A portion of the Cltys orw match rs6 yo Meerda center':. opesaau edma.stration otk Supplies for 1 61 senior ram . and Husibon Education Service Center A poem of the City. ore match w6 go towel. upon opsraeonhladmirustra1on Repair (Id.Mlh Nliaaama-aver $l0o.) Dreae sanity ma.dansnce M include AIC, Heating. PWmbrng, genet r.palre, .k. Tlue includes Bening MWntraunce Aaocelbn as per City Budget office `= 34 dEh 9U11 22260< Tann (Identity Type of Tax) 3:747 - MEIT Total Taxes _-.'.. - 3-1 u. W. i PdJt-uqb Servic Coot Argo Possfjo- Homo: I 9111/2913 1 30 .7z/so Sok - R o sof siaTof A/al As) f71 -6Afath C- I Fissom tiobilsoo I Nolfraos T* -1 wRW Dalkaaj . f-feff fka Pf-f: CfalW 01-5 CkalL 6 Adaffafba-d rs-s-vois STAR Pao Cassia Paliaraot 9/ ktoolf I mt.-a Assootonaol I I /I of -Or -sae tw4-of (9-90 /wtosa oo9.90 Mpt-Off .af-/ Oflo fatf agenal - o( atAi olawoo Tal solo /7. - am I - tadosial 903 Hopass IldAttlity Nom & Toff aff f4a I1 12w3), Tf_kf fla 511 (1999) assl 0/1-loa-f Vas fsOs 4/4 La /info/soca 1 o/ /four Total /e--- oolot/salAsos V&naf amschmood, coal —11111 _ - IMGMEEMIMIINERNM .110W.111111—.J1101111111 Ell Totai 0 - ilaiotoos /Mai lo sal Teal T WI MI I MEM 111111111111MM I I I MN EU 1=111111111 s/ /_ ) I MI I MI 1111 I I I I ME Mg • 111 Hi 111=1 MI • I 111 11111111 I I I I I III II I Cost Alae Provider Total Budget by Service Floodlit Nunn 1 CAyai Clams CIntt 91{1(2917 1/30 FM MA Name, Area Agency on Ague) of the Coastal Bend RNunhbur R Total Agency Bud 1 Nutnlex I Nutrition Educator e 1 Educatmn AAA Cline R1.5 Ciente Congregate 1 Meg Pi en! em TAR Plus Meals Administration/ Cents sborts Participant Asaossmonl appPauhM replace %Nts DP* of ams agency em 1 .ppbc bl. lep4Ge loth pile of other regency .m I' .ppliubio lephice loth pts of timer y.ney am Balance lull eted Administrative & General Printing Copying T Olein Supplies Office ConUactual Agreements 111111111111111111111111 111111=11111111111111 1111111111111 11111•111INTIONTIE111111111111111 111111M= AMMIIIEMME1111 MIME TataI Con adureamit Postage Talar Pet ft Telecommunications 6.9 Fees IIMINIMIIMMIIIIIIIIIINIIMitimma..111=11111=1111111.1.111MMUMM • I I I III mimmim in I I I 1. I I I I I I I I I I I 1111111.1MIMI 1M MA WIN IMO Consulting Fees Other Fees 'Explain) Other Mho. (Explain) Clodoog IUmfmm.( Minor Computer Equipment Minor Odie Equipment A�Yn1.5pa1 infermaten Syslents Cwt Alloca■on (delermm.d by Office el Management and Budget) Ileal Contribution Deposit Stipples Mace lode end Equipment A portion of Be Ctrs oral match loll go bounds Gaoler atioruladnrnlstia6an. ro .39" 'RA1 01i MI ZOO tX-11 1 42s raj 10101111.7 at'on vace tb,e_ UP /x3 7,4 Cin — Total other Nitro. Trial AdminlsUetlre & General TOW B xw_w __,__ Educi_ _o_ R _. .- yd . y . _ Educa0ag as a sewate somw.( 9/112013 1:57 PM Provider Name' City of Corpus Christi AAA Name; Area Agency on Aging of the Coastal Bend Region Number! Region 11 Section 1 This section is used to compare the amounts budgetedfallocated to each program by cost area, Example:What percent of the agencies personnel cost is budgeted/allocated to home delivered meats versus congregate meals and other agency programs?The information should be used as a review tool to gain an understanding of the agencies overall budget and operations. Percentage of the Total Cost Area Budgeted to Home Delivered Congregate Cost Area Meals Meals Other Programs Total Personnel 21.80% 27.48% 50.72% Total Professional Development 24.48% 19.34% 56.18% Total Raw Food 5138% 4204% 658% Total Purchased Meals 5059% 45 021% 440% Total Frei; ht 000% 0001% 050% Total:Storage Co,�t 000% 000% 000% Total Consumables 69 5211% 21 960,6 852% Total Other Meal/Food 51,85`✓cx 4074% 7 41% Total Meals/Food 54..48% 3866% 6.87% Total Equipment 27.34% 13.06% 59,61% Total Occupaincy/Building 6,08% 28.64% 65.28% Total Trans ortationfTravel 79,97% 8.10% 11,93% Total Administrative&General 14.65% 16..70% 68.65% Total of all Cost Areas 30.55% 2727% 42.18% Example of how to use this information: Compare the percentage of total personnel budgeted to the mean programs and other programs, Based on the percentages of total cost does the percentages appear reasonable and equitably distributed between programs? If the percentages are not easily identified as equitable a further review of the salaries may be necessary There are many reasons for variances in percentage for example the agency may use volunteers for some of the programs this may cause the overall percentages appear out of line REMEMBER. There are no right or wrong percentages The reviewer through analysis of the budget and discussions with the provider must determine if the allocation is acceptable. The reviewers notes detailing budget review, discussions with the provider„and decisions made should be included in the work file. 9/1112013 1:57 PM Provider Name: City Of Corpus Christi AAAName-. Area Agency on Aging of the Coastal Send Region Number. Region 11 Section 2 This section Is a summary of Information to use to analyze the cost and how they are allocated between Congregate and Home Delivered Meals.The Information is presented in three different ways' •Total Cost:Amount budgeted by cost area •Percentage of total cost:Percentage of the total of cost area for the two meat programs applied to each program •Cost per unit:How much of the unit cost Is used to pay for each cost area $X XX of the cost of each meat is for XX cost area Below the cost area summary Informal Is additional Information showing; •Percentage of the total budgeted meat cost applied to the home delivered and congregate meal programs •Percentage of the total budgeted meals(home Delivered&congregate)applied to the home delivered and congregate programs. •Whole Unit rate for each meal program •Calculated meal rate based on information entered an the home delivered and congregate meal budget worksheels Total st Percenta le of Total Cost Cost er unit Home Home Home Delivered Congregate Delivered Congregat Delivered Congregate 1, a Meals Meals Meals Cost Area Meals Meals Meals a 4424% 55,76% 260.528.00 328.402,00 55.A 220 q'IR 86 1 Total Personnel 4 002 0.02 Total Professional Develo Mont 2.093.00 1,65400 5586% A-14% -- Total Raw Food 202.07400 165,326 CO 55.00`1,4w 4500%1 1 72 1 73 .......... Purchased Meals Hot Prepared Meals Purchased from a 11(30% 00001,11) --i Supplier or Central Kitchen Frozen Meals 0.017% 6667 Chilled Meals - 0 010IN, 0 OW110 Shelf Stable Meals 447700 Qil:kA Fin `52 91*I'D 4709% E29 5 295 Total Consomables 57 926 00 18301 00 75 99"Nh 24 01'/6 049 019 7000 55 00 56 001:�G 44 009's 000 000 Total Other Mi - 193 2231 295 019 00(l 264.54700 187.666,,00 5850% 4150% 193 Total Mealsi -009 . 005 10,936.00 5,22300 67,68% 32.32% - 11 Total E ul Mont 82,49% 020 114 Total Occu anc li 23,490,00 110.65&00 17,51% i.46 0,18 Total Trans ortationloravel 173,763,00 17,60200 9080% 9.20% Total Adminis tive&General 20,863.00 23,78500 4673% 5327% 018 024 6 37 6,94 Subtotal 756,220,00 674.98700 52.84% 47.16% Nutrition Education 5 rj�,)6 72 4 Total 761,726.7 6.99 20700 Total Bud eked Cost 100 674,98700 �1,431 "0 greenta a of Total Bud oted Meal Cost 52.54�% 47.16% 10000% 111i 11 11,,ated meals 97,191 faillal % AC WICIL parcenta eafTotal Bud et dMeals. 151489(7�% hole Unit Rate Full ost er eat .42 6.99 i:1a:to:d R,�t, 4.95 6.36 911112013 1:57 PM Provider Name; City of Corpus Christi AAA Name: Area Agency on Aging of the Coastal Bend Region Number 11 Example of how to use this information: Review each of the cost areas based on the three different ways the information is presented Determine if the dollar amount is reasonable for each of the cost areas. Is the percentage of the cost allocation between congregate and home delivered comparable to the percentage of total budgeted meads for each program? Review examples: e OccupancylBuilding cost is expected to be higher for congregate than home delivered because the home delivered program should only be charged a share of the cost for the kitchen and delivery preparation area for the time those areas are used to prepare and disburse meals. The congregate program would be charged a share of the cost for the kitchen area for the time those areas are used to prepare meals and include the cost associated with the area used to consume meals,. e How are Personnel costs allocated between the two meal programs? Is the allocation based on the percentage of meals, percentage of total cost,or actual time spent between the two programs? • Review the cost per unit of raw food„ Is the amount the same for both programs?If not,why are they different? • Review the total cost per unit rates,„ are the rates for the programs similar? Because the program requirements are different, small variances are expected.If the variances cannot be explained by program differences,you need to explain in your review papers why they are different.. -Provider Name: AAA Name: Area Agency on Aging el Me Coastal Bend Regan Number RuaD57- 11 0t110 1 43 Pm Most Recent Completed Midget 2012 Year Home Delivered Meal Btlgt Worksheet -- Review of Most Recent Completed Year Approved Budget to Actual Year End Expense and Current Pro osed Budget Proposed Budget 1 1 1 -• -else 1 i Variance 1 1 1 1 1 k ' per General] Approved minus 1 Percentage 1 Peleadliage , 1 Budget I ' I Area 1 Ler 1 Msd±at • EperDs. 1 ttt Vadance i are Un4 Cosi Pers,orinsi Saiiiiii; PR Yaleal Senerai- 157271 DO 1 20636.00 I 94.:11 i .32855[ i ss052!40 r wiact tt0f, COID!,.:071* itgregi, PR Taxes di Sene6is I 21.2111-10 . 21,128.13M -90 --' EA3% , 5G35 12 44-05% Nutrition Education MIMS 1 r , i 0.1Xr ,......1i7 1 0.00 0 I ___._,-0.80% 0.0%" DM% 0.00, 0.G31 000 E 0.03%4 0.0%1 .„ Contract stall, Conmensakora 1 0E1 Taal ----, . _,:_____L1221§2_20° 21-,1200- t -- 00 ITVW% .2, - - 3.2015L _ c„Dam, f 21 _ _ 34.05%, _ -.÷ unierance „„„„ ,. C Glance 1,,e.crroTtas90, s„ ---- .2-, 91%1 7826% 1273 00 120.00 list% ptstsswoosiOweStwt_sst puss 49220 , 276.00 -215 0 s.,0*-- . 17 DO -75.61%„ 01:71 -L -m„ ,------ -----"--377:1 -111•641aal:-.1E71°6c5796 367 2003031, 35.25% . ..... ..------ :15.52% ... I tcris ;so- -.0 , 198 3020 H.0 i . , f E , „ i -24.6611 70320477.77.:02 1000% [chased Meals I 5023, 1 5123 1 100.00%1 swage , 0csli s 00c041.4%. -.., -0-00 1;1ii7/6%51.: Freight E dal n 0001 E Consumables 51.898 00 is 56,622.00 4.926 , -13.67 r 5792706.aw3 - Other •N 1911.00% -53.02% yof.71....._ ._,., Equ 643 sail 5 =2_2,, 7.1,1 30 93 ra , - , NA- 547.Do _ _ 3132% -1:- s•-60,197.00 50.00 Depreciation 0 i- 0:110% 0.Eari% sing 3245.G.5 6.63203 3192 1 -51 11% 500.°23311t 1 44 14% 0.00 I, 0 1 0 dr31 truest 4875 U77 intenance 4205.00 3,156.0 -1,049 _i___ 33.24%. 100360 505 dC-o3 otal 7.4WiE 1E793 - -2,343 -17 ---'23.07, : _ 1.14 -60, f 0 'DV 0.001 Oacu /13unienre. 1.414 1- - - 0 A ia f - - -- 9 966 PO_ - I . 11: 01-50:. GU 11, 0.C.3% 31155511 s•s -12.43'i 13070 DO , Depreciation 0 li 0.N1 0.00341 Mortgage interest 1 0i1s3 1 0 0.00% OM' 0.03,31 10surance013 0 072,4% 10-10.C11 0 03, 0.80%1 Security 4,134001.002.00 1 -3.152 317.56% -75.38%1 Janitorial 3242 00 3.24200 . 0 12.02% 2278E101 718A 051 -3313.34Z epair 0 5.353.50 1435600 9.371 -53.57%[ 0C-0% 0.00 0 0 00%- _________O 22,177,5- U0.00- - 7603 % ._ , '--- 23409 co Percentage i Vanance PYRIN Yawl Actual to Proposed 1 PercenWge al Unit 1 Pipmc-analliMaist Windt Cost 35.5057•4- 00%E. --- 33 50V71 3420% - Explanation otVariances !neaten Factor 2012 1u2013 1014% - inflation Factor 20 13 to2014 0125, Cointhried IntLstan Factor, 2020. 1 An explanation of variance must be Provided for each cost area yams the expenses per General L • r • varies ham the eppreVed budget for the most recent completed year by 10% or more 2 An explanation of valiance must be provided tor each coat area +shere the ed 1 amount exceeds the prior year actual amount by more than the two year combined inflation factor FY 12 - Variance due to vacant positrons. FY 14 - personnel variance due vacant Warms staring at entry level salary FY 14 decrease due to more goiiig nto salaries from Nutrition Educar 1-Y 12 - didlidhave to wadi" shell stable meets - liatable Meals wino' - purchased until emergenc-y situation. FY14 Shelf Stable meals budgeted again 10 case emergency situahcin warrants. FY14 consumables inaease due to a very sienthcant increase in diver plates (novo .42Jeach). Torai FYI2 - Leaelfig - variance due to allocabon between Center Ops and granL FY 12 Maintenance - unanticipated lnaease in equipment maintenance FY 12= Utility Coal - t decrease due tO alocatiori FY 14 to react actual cost increase thou Juno 2013. FY 12 Security - Increase due to allocation 813 correct %alb FY14_ FY 12 decrease due to allocation formula FY 14 allocation was ediusled FY 12 Repairs - decrease in amount charged to this lace item due to alocalion Issue plus basset anticipated repays FY 14 Repais amount mad was adjusted to reflect historical expenses y LL' xW vI W Nj9- H wq Q�'&Sf Romts .9 EE AO ® ® p g•+�t wp a y y CL LU o O atwq 92 , pcmpc iS¢d�y Y• W 0 �w tl he p y G C 4a� ®m mtl9 sW w � Grgry�nqw C 77.V a�xgg m6' V�� mg Ca� 3mmI01Y7 ... 6� µdg mP m ®Tare& °' °3 8 f®`Q� `wp �. c. m p m 3IM c �11' m;w � �.p' I pq m ��� m aE �a 2.f"pnn6,'I-rid°a c a„ trn 9 ny L w oa e 01,01 ffi 8 c c f p ® xH o xx ge m d ® mc ® XQ o n �L3 4 m° m rr44HIM 0Y_22� gag��m CD d D ... . . C.� 1 a } I A N d �U m m m ti o �8 aA0aot `0A A,0 0 >cKa�a��aRaR� aR a�a��a� y C m ? m � m a � re� aa o mj� � _ �8SSS8SS �88 "�88888 m m' m, p x Q.o �CSNa4m IJ Ioo�aid�tioeicr�®e�i'o di ®. NN6�, p rrN q m a > ( N N ca w ® �� mS83 � ® �S $ $8 � ty „ 8 rri �. m m8 S 8 w a r" 4 R.. m nm es 0 i m -REF. _ � I �gp t Z� m a ix m m X, Ur C�7 mu V n V. �wm N rd ra e CL Ul 'c j w `o �;3 ° � ja Its w tea- 2i r. c �cesc�c� 0 2i m co > >> n MEN fix CL o; m CL 4C CL im rrb rb m m C 71 � ri m CL ro 7 p E O u v o ry lam CL m c a I U I u Ix B � `'�5� mmi�mmr'NANFHIrNfLNrlNNwwINwWMwIANrINiNr � Ism ^ A gt ® d ' i �. xj qF ® � baN t0 r+(�Z 6 g a u` ®m E Bz L) 0 �, y tl i i 9111113 1 A4 PM Provider Name: City of Corpus Christi AAA Name: Area Agency on Aging of the Coastal Bend Region Number: Region 11 Home Delivered Meals BUDGET WORKSHEET CALCULATION OF THE PER MEAL UNIT RATE 1, Total Budgeted Expenses for Contract Year 1,. $ 761.726,72 2.. Total Number of Anticipated Meals 10 be Provided by Fun&ng Source DADS A&II AAA 58,1170 Title XX 47„723 Title XIX 0 Other Funds Other Funds- Program Income 1,518 Eligible Meals 11.252 Non-Eligible Meals 0 118,663 3,. Whole Unit Rate(Line 1 divided i by Line 2) 3, $ 6.42 Reimbursement,Calculation DADS A&I!AAA &Title XX Tide XIX 4 Projected NSIP per Meal'Value 0.64 NIA 5. Rate Less NSIP per Meal Value S 5.73 NIA 6, Mandatory Loi:W Match of 10% S 0,57 — N Appllllcatala„Match Reduction From the In-kind Match Cerhfication form S Required Cash Match S 0.57 NIA 7, Proposed Meat Rate(Line 3 minus Line 6) S 5.85 $ 6,42 8. Rate Cap Applicablie to Title XIX,Title XX and DADS A&l AAA Common Providees S 495 $ 6.12 9. Excess of Cap Rate Reduction S (0 B0) $ (030) Accepted Un4 Rate for Current Year $ 4.95 ' $ 612 If any portion of the required match is in-kind,you must complete an In-Kind Match Cerdficallon form. By signing below„the provider acknowledges that all related records are subject to audit in accordance with contract requirements and all applicable federal and state laws. City of Corpus Christi Michael Morris.`Director Legal Name of Contracted Provider Printed typed Name of Signer el la l`3 xgnature Date Area Agency on Aging of the Coastal Bend Region 11 Name of Area Agency on Aging Department of Aging and Disability Services fill i' r &?C rc,v c/k ~ Pnntedlryped Name of Signer Printedlfyp Si ner Signature Signature ate Date 9/11/131A5 PM Provider Name: City of Corpus Christi AAA Name: Area Agency on Aging of the Coastal Bend Region Number: Region 11 Home Delivered Meals BUDGET WORKSHEET CERTIFICATION AS SIGNER OF THIS BUDGET WORKSHEET,I HEREBY CERTIFY THAT: • I have read the note below and the instructions applicable to this budget worksheet. • I have reviewed this budget worksheet after its preparation. • To the best of my knowledge and belief, this budget worksheet is true, correct and complete, and was prepared in accordance with the instructions applicable to this budget worksheet. • This budget worksheet was prepared from the books and records of the contracted provider. • I acknowledge that all books and records related to this rate setting process are subject to audit in accordance with contract requirements and all applicable federal and state laws. Note: The person legally responsible for the conduct of the contracted provider must sign this Budget Worksheet Certification. If a sole proprietor, the owner must sign the Budget Worksheet Certification. If a partnership,a partner must sign the Budget Worksheet Certification. If a corporation, the person authorized by the Board of Directors Resolution must sign the Budget Worksheet Certification. Misrepresentation of information contained in the budget worksheet may result in adverse action,up to and including contract termination. Furthermore,falsification of information in the budget worksheet may result in a referral for prosecution. City of Corpus Christi Michael Morris,Director Nnme of Contracted Provider Printedfryped Name of Signer Date Signature Signer Authority: i."' Sole Proprietor Association officer (check one) ,"' Partner Board Member " Corporate Officer Governmental Official 9011113 11;46 PM AAA Name,, Area Agency on Aging of ire Coastaii Bend Region Number, Region 11 IIome Delivered Meals IN-KIND 1NI ATCH CERTIFICATION Provider. City of Corpus Chn'sb In-kind Contribution(s): SO For any item identified below,you must maintain support documentation, ITEM DATE OF RECEIPT VALUE f TOTAL SO Note; All contributions must meet the requ irements of IRS Publication 561 htt ," .irss o,. o_qbIirs-pd f 5csl p f Examples of Documentation linelude; Rent„ 1„ Letter of Agreement with Owner 2. Adequate Valuation of Property on a Current Basis(this shouild be reviewed at least every two years and if senior center,based on property value and center participation) Labor; I,, Minimum wage 2,. Documented prevailing wage in the Area.For prevailing wage information visit the Texas Workforce Commission's website at Ilu):G,ly roi iii m,,.iu m m,,, aa'uro� All in-kind labor must be required for the service to be provided. If you would not hire someone to perform the labor if it were not in-kind then you cannot count it. Utilities,, 1. Copy of Bill 2. Agreement of Amount Paid if Partial City of Corpus Christi Michael Morris,Director Name or Contracted Provider Printed/Typed Name of Signer sh Date Sign t i g! m e y +3 ? _ ® :1 oil �q all , ill! HUM 1 all ���� � � � ; RHIN � � ���� 1114 � _! s IIJ-1j 11 1 till 11H 1 jig! .� _ $$.. 2 W I � F 4_ ® H j, E 0 a cow m :ci er cy a a as ar rr o NUA WHY NS it r A m ®e rmmmmr ,--- fi Q yyfl, qp;�n'Wu Np Cp R R 4k ca rca�u cn�r"o our mt t nati - -ter,.,,,.,.----------------- .�. �,� m �� � �kr,.�4,a.�� r' .��m",, ���z wm5� w,ux ua�r�e^e £��n rca a�u� ,�...unu.� i�A^r w•a�, �n�n e^n�m �ern�`�'�u�r�. J E � � r�7 9bus11 z MISS 8 ' �? slot JIM a`.. Co- gRn�um t I N.li R.� ..b YX. ?�"➢ ...0 V.P rm P ...: °.Y :C:' Cb. 9/11113 1:47 PM Department of Aging and Disability Services Congregate Meals-Request for Waiver Federal Contract Period: 10-01-13 1 09-30-14 Provider Must be a AAA Congregate Nutrition Provider Nutrition Providers Legal Business Name; Street Address: Mailing Address, City: Zip Code: Contact Name: AAA Provider: AAA Contact Name: 1 Does this Nutrition provider have an approved Congregate Nutrition Waiver for 20113?: Waiver to Serve Congregate Meals less than five(5)days per week 2 Number of mean sites included in this waver. 3 Percentage of total meal sites included in this waiver: 0% 4 The circumstances necessitating this waiver request:(select"Yes"for all that apply) Rural area where 5 days a week is not feasible Low number of consumers at the site Insufficient number of staff or volunteers Insufficient funding Other 5 If other„a reason for the request must be provided: 6 If the answer to question one is no, how will the consummers and the general public be notifiied of the change in the pattern of meal service Local newspaper Flyers Posting at the meal site Other 7 If other is selected method used must be provided: Assurances By submitting this waiver request to the Texas Department of Aging and Disability Services(DADS,Access and Intake Divisior requesting this waiver assures adherence to all AAA contractivendor agreement requirements and applicable Texas Administrr Codes. J S Provider Signature Date �r112 �3 ( X"2_ - 1 v^i 5 rL r e �3d to P P s � a s uj ° ® t ➢ n m � 1f� � All a ®e ® s .--$ �� � D Ell 0 co c�s J. u �� .w s -k� m .2 c c, ....., �eip�� ® -BIT rm w9 0'c.0 0 v � 9 i . { iW rmaaa`4,i di to CL •� n fi I'J a 4 s ww m n� 9 s f�' 9111J13 1 A PM Provider Name: City of Corpus Christi AAA Name;, Area Agency on Aging of the Coastal Bend Congregate Meals BUDGET WORKSHEET CALCULATION OF THE PER MEAL UNIT RATE 1. Total Budgeted Expenses for Contract Year 1. $ 679,497.28 2 ToW Number of Anticipated Meals to be Provided by Funding Source Other Funds DADS A&[AAA 47,249 Eltiglble Meals 45,942 Other Sources 5 0 Other Funds- Non-Etig,ible Program Income 4„000 Meals 0 Other Sources 6 0 2. 97,191 3. Who'*Unit Rate (Line 1 divided by Line 2) 3. $ 6.99 Reimbursement Calculation DADS A8!AAA 4, Projected NSIP per Meal Value 0.69 5, Rate Less NSIP per Mea!Value $ 6.30 6. Mandatory Local Match of 10% S 063 ” If Applicable,Match Reductiion From the In-kind Match Certification form $ Required Cash Match $ 0.63 7, Proposed Meal Rate(Line 3 minus Line 6) $ 6.36 , If any port'on of the required match is in-kind,you must complete an In-Kind Match Certirxcabon form. By signing below„the provider acknowledges that all related records are subject to audit in accordance with contract requ*ements and all applicable federal and state'aws. City of Corpus Chrisli Michael Morris,Director Legal Name of Contracted Provider Printed/Typed Name of Signer r �lz!/ Signature Dale Area Agency an Aging of_the Coastal Bend Name of Area Agency on Aging .To/,(,/ / Xi"r C A- Printed[Typed Name of Signer Signature Date 9111113 1:49 PM Provider Name: City of Corpus Christi AAA Name: Area Agency on Aging of the Coastal Bend Congregate Meals BUDGET NVORKSIIEET CERTIFICATION AS SIGNER OF THIS BUDGET WORKSHEET,I HEREBY CERTIFY THAT: • I have read the note below and the instructions applicable to this budget worksheet. • I have reviewed this budget worksheet after its preparation. • To the best of my knowledge and belief, this budget worksheet is true, correct and complete, and was prepared in accordance with the instructions applicable to this budget worksheet. • This budget worksheet was prepared from the books and records of the contracted provider. • I acknowledge that all books and records related to this rate setting process are subject to audit in accordance with contract requirements and all applicable federal and state laws. Note: The person legally responsible for the conduct of the contracted provider must sign this Budget Worksheet Certification. If a sole proprietor,the owner must sign the Budget Worksheet Certification. If a partnership,a partner must sign the Budget Worksheet Certification. If a corporation,the person authorized by the Board of Directors Resolution must sign the Budget Worksheet Certification. Misrepresentation of information contained in the budget worksheet may result in adverse action,up to and including contract termination. Furthermore, falsification of information in the budget worksheet may result in a referral for prosecution. City of Corpus Christi Michael Morris,Director Name of Contracted Prodder Printedrry ped Name or Signer 4�rz�i3 Date Signatu e Signer Authority: El Sole Proprietor ^m""t Association Officer (check one) �� U Partner � � Board Member Corporate Officer Governmental Official 9111173 1°49 PM AAA Name: Area Agency on Aging of the Coastal Bend Congt•egate Meals I\-KIND \IATCII CERTIFIC,ITION Provider: City of Corpus Christi In-kind Contribution(s): $0 For any item identified below,you must maintain support documentation. ITEM DATE OF RECEIPT VALUE TOTAL $0 Note: All contributions must meet the requirements of IRS Publication 561 httu: ti4uu.6r5.co�Fapuab irs-pdfeg561.pdf Examples of Documentation Include°, Rent! 1. Letter of Agreement with Oumer 2. Adequate Valuation of Property on a Current Basis(this should be reviewed at least every two years and if senior center„based on property value and center particiipation) Labor:. L Minimum wage 2- Documented prevailing wage in the Area. For prevailing wage information visit;the Texas Workforce Commission's website at huugj All in-kind labor must be required for the service to be provided. If you would not hire someone to perform the labor if it were nq.m in-kind then you cannot count it. Utilities; 1. Copy of Bill 2. Agreement of Amount Paid if Partial City of Corpus Christi Michael Morris,Director Name of Contracted Provider Printed/Typed Name of Signer Date Sig nture ... .. ........... Y€ a h a � q, A ez E ¢, m � m u .............. m, �� �,,.,, �� � .,, ,,,� ��. ,. ,,, � m,,, � �. „a.w......�m r 01 V IN m m m. u� v '` a u'uH'O ,' p CII In m ¢ I m..... HIS � r^ +"7�9°c� esrarvrw�acwr«5 co-ca��� r�zscru��vn�r�wai�, w�warm�aarmrcsea� qw �wa+� ��e �ra�r " ...........,, �„�,u.a �.�, Ri a m n, a 10 It 0 � '.. ma wr ' •� $ �:a e mire " ua IN ^u N Im a n � CL � PP H W C' HF,Nl I � � w Ca Ul l fo > I 40 Lo, 1a m � % ➢$H ti� it � ������� �� i a „�,�, - U � I .n a 1 I m................................,....�. Ye. a . 0 � 7,,,,,., r 4 Y A x x ti a g ° 8 ��' 9111113 112 PM Provider Name: City of Corpus Christi AAA Name Area Agency on Aging of the Coastal Bend LegalAssistance BUDGET WORKSHEET CALCULATION OF THE UNIT RATE 17otall Budgeted Expenses for Contract Year 1. S 16,24300 2,Total Number of Anticipated Units to be Provided DADS A&I AAA-10% Program Match Required 267 Income 0 Other Sources 6 a DADS A&I AAA-25% Local Funds- Match Required 0 Eligible Trips 0 Other Sources 7 0 Other Funds- DADS A&I AAA-Full Unit Non-Eligible Rate 0 Trips 0 Other Sources 8 0 2. 267 3 Cost per unit(Line I divided by Line 2)-Full Unit Rate 3. $ 60-84 Reimbursement Calculation for Contracts Requiring Unit Rate Match Reduction 4,Mandatory Local Match of 10% 6,08 If Applicable,Match Reduction From the In-kind Match Certification form $ Required Match 4. S 608 5 Full Unit Rate Less Required Match(Line 3 minus Line 1 5. $ 54,76 4, Mandatory Local Match of 25%® 5 15.21 — If Applicable,Match Reduction From the In-kind Match Certifi cafion form S - R ui Match 4, $ 1521 5 Full Unit Rate Less Required Match(Line 3 minus Line,! 5. 4563_ ­If any portion of the required match Is In-kind,you must complete an In-Kind Match Certification form Contract Reimbursed at Full Cost Per Unit Rate.Match Requirements Will Be Met Through Provision of Additional Units $ 6084 Contractor Initial AAA Initial City of Corpus Christi Area Agency an Aging of the Coastal Bend Legal Name of contracted Provider Name of Area Agency on Aging Signaft e Signature— f Michael Morris,Director Printed,rTyped Name of Signer Print /Typed Name of Signer — ; 7 A 2.//,s — -r — Date 9M1/13 1:53 PM Provider Name; City of Corpus Christi AAA Name; Area Agency on Aging of the Coastal Beni Leg,alAisistunce BUDGET NVORKSHEET CERTIFICATION AS SIGNER OF THIS BUDGET WORKSHEET,I HEREBY CERTIFY THAT: • I have read the note below and the instructions applicable to this budget worksheet. • I have reviewed this budget worksheet after its preparation. • To the best of my knowledge and belief,this budget worksheet is true, correct and complete, and was prepared in accordance with the instructions applicable to this budget worksheet. • This budget worksheet was prepared from the books and records of the contracted provider. • I acknowledge that all books and records related to this rate setting process are subject to audit in accordance with contract requirements and all applicable federal and state laws. Note: The person legally responsible for the conduct of the contracted provider must sign this Budget Worksheet Certification. If a sole proprietor,the owner must sign the Budget Worksheet Certification„ If a partnership,a partner must sign the Budget Worksheet Certification. If a corporation,the person authorized by the Board of Directors Resolution must sign the Budget Worksheet Certification. Misrepresentation of information contained in the budget worksheet may result in adverse action,up to and including contract termination. Furthermore,falsification of information in the budget worksheet may result in a referral for prosecution. City of Corpus Christi Michael Morris,Director Name of Contracted Provider Printed/Typed Name of Signer Vlab-1 M" Date Z natur Signer Authority. Sole Proprietor Association Officer (checkone) 11 Partner Board Member Corporate Officer it Cavernmenial Official 9111/13 1:53 PM AAA Name: Area Agency on Aging of the Coastal Bend Legal,A,ssistancc en lN_KlNnm,k,rciI CLRI'mcATION' Provider: City of Carpus Christi In-kind Contribution(s): $0 For any item identified below,you must maintain Support documentation. ITEM DATE OF RECEIPT VALUE ------------- TOTAL $o Note: All contributions must meet the requirements of IRS Publication 561 u b i rs- d�F5 6 1�, d F Examples of Documentation Include: Rent: 1. Letter of Agreement with Owner 2• Adequate Valuation of Property on a Current Basis(this should be reviewed at least every two years and if senior center,based on property value and center participation) Labor: 1. Minimum wage 2• Documented prevailing wage in the Area.For prevailing wage information visit the Texas Workforce Commission's website at V up� All in-kind labor must be required for the service to be provided. if you would not hire someone to perform the labor if it were not in-kind then you cannot count it. Utilities: 1. Copy of Bill 2. Agreement of Amount Paid if Partial City of Corpus Christi Michael Morris,Director Name of Contracted Provider PrintedlTyped Name of Signer Date sign tore .h........ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIW 11111100=111, September 12,2013 Y of ICIO113US Area Agency on Aging of the Coastal Bend •Chr isti Attention: Betty Lamb P. 0. Box 9909 Corpus Christi, Texas 78469-9909 LEVAL DEPARTMENT .....................I ................................- Dear Ms Lamb: 1,110 Box 9277 CorPLB Chrisid The City of Corpus Christi is a self insured public entity as allowed by the State of Texas 784619-9277 Texas for General Liability,Auto Liability, and Workers' Compensation. Liability Phoii°ic W-8]26-3360 limits are established by the Texas Tort Claims Act. The City of Corpus Christi's Fw�361-826­3239 liability under the Act is limited. Under the Act, liability in cases of personal injuries or death is limited to a maximum amount of $250,000 per person and Aluniripa(Court $500,000 for each single occurrence. prosm::-ulor s,Office p 210 N.Ghapw,ral The Risk Liability Fund is fimded by the City of Corpus Christi in accordance with Corpwts('11rilis'll generally accepted accounting practices through actuarially calculated annual Temas 7 8 40 i contributions. Information regarding filing a claim with the City of Corpus Christi Phoine 561-886-253D can be obtained from the Risk Management office at City Hall, 1201 Leopard F�ax 3 6 1 886-2567 Street, s Christi, Texas 78401, or by phone at (361) 826-3680. Juvenile(..'Ourr Prosecutor T Oflice Sincerely, 61 S' Leopard'Strect Suhe 113 Com.iis(.."hristi Texas 7,84105 Phir,nic 36i,,,826- 0i4 rax,316 1 4 3 09 Donna James-Spruce Police Legal Advisor ®5 Manager 32 i John Sartain Corpus Christi Texas 784101 DJS/vlt Phic.me If-;1-886-2f.i108 Flax 3(1i..;9816 2634 1h,manReldlions, �PO Box 19277 ("'Oiqpu 13 cha isti Trxas 784169-5111277 Phone 3161-826-31,90 Fax 36 k8216-3192 ,Ri,vA-Alanagemnent 110 Box�92.77 Corpits("'1hristi Te�,,was 79469 9277 Mimic.36 1-826-31680 Fax 361-826-361!,)7 10VWw.cCtC,,mrJ,C1(RM SUMMARY OF INSURANCE COVERAGE Service Providers rntist mainta.in insurancii-.:.1 that protects I"iealth and safety r-.:)f clients and employees that comply witl,-i all state and federa.l., laws. TAC Title 40, Part I, Chap-ter 84 , Rule 84 . 1 (k) . Detail your insurance coverage as indicated: CPJRRENT PERI()D TYPE CARRIER OF COVERAGE FIRE & CASUALTY DESCRIPTION OF COVE RAG WORKMEN' S COMP DESCRIPTION OF COVERAGE: .............................................................................................................................. ............................ GENERAL LIABILITY DES('..RIPTIO1,4 OF COVERAGE: BONDING ------------------------- ------ 'Vehicles c] assified as soc.i.a.]... serv.:-.1 ces agency auto-m.obiles rT.t,ust prov.:]�..de at.1to instirance as reqtiired :,1n the Trans port at i3O 1"l Service Sta.1ridards . T.A(',. Ru.1.e 84 . 3 (1) Detail you.,.[ auto insurance coverage as ind Lcated. C(JRRENT PERIOD ARRIER 01'�" COVERAGE DESCR.'FPT'1FO]'�,4 017 COV.172AGE ........................................................................;;................................;;.............................................................................................................................. ........................................................... L I AB I L I'17 Y COLLISION & COMPREHENSIVE: ............... ............................ PROPERTY DAMAGE; .................................................................................................................................................................. DO NOT ATTACH POLICIES Written Plan for Emergencies FY14 Update a) Please review your written plan for emergencies submitted with your original FY2O11 Contract, or FY2O11 Vendor Agreement, as applicable. If there are any changes or updates to that plan, please attach the updated version. b) If there are no changes, please check off this box ❑ c) At a minimum, please update the `Emergency Contact' form below. Please give your cell phone numbers as well; these numbers will not be used except in a case of emergency. Elsa Munoz Superintendent, Senior (361)826-3145 (361)81547814 elsam@cclexas.com Community Services Lisa Oliver Supervisor, Senior (361)826-3132 (361)947-3594 lisao @cctexas,com Services Connie Reschman (Nutrition Coordinator (361)826-4123 (361)290.0015 coMiere CCtexas. com .-, ,., ,......... -.....mm . ... .... . , mmm -- -,-,-. ....... ....... w,,, EMERGENCY PREEARDNESS ELAN City of Corpus Christi Parks and Recreation Senior Community Services NUTRITION EDUCATION AND SERVICE CENTER (NESC) 4101 A Old Brownsville Road Corpus Christi, Texas 78405-3556 361-826-4120 (Located at Del Mar College West Campus) CITY OF CORPUS CHRISTI PARK & RECREATION DEPARTMENT SENIOR COMMUNITY SERVICES DIVISION HURRICANE SUPPLIES for the Nutrition Education and Service Center Located In Hall in front of Men's Room FOR QUESTIONS OR CONCERNS CONTACT CITY OF CORPUS CHRISTI SENIOR COMMUNITY SERVICES ADMINISTRATION OFFICE AT 826-3150 NESC STAFF RESPONSIBILITIES Nutrition Services Program Coordinator_mm Connie Reschman Supervises staff assigned to the Nutrition Education Service Center. Assists with coordinating the division's Emergency Preparedness Plan„ Responsible for the coordination and implementation of the Emergency Preparedness Plan for the ENP Home Delivered Meal Program and internal food operations for the EOC and provide food/beverage for designated evacuation staging areas. Assigned will report to the City's Emergency Operations Center(EOC) to provide support and assistance as assigned.. Shelf Stable meals will be ordered at the beginning of each Hurricane Season and stored with vendor as per standing agreement. NESC Kitchen Supervisor- Bobby Salinas, Interim Assists the Nutrition Coordinator in the implementation of the site specific (NESC) Emergency Preparedness Plan. Provides support to the Nutrition Services Program Coordinator for the coordination and implementation of the Emergency Preparedness Plan for the ENP Home Delivered Meal Program and internal food operations for the EOC. Cook-- Monica Jones (Temp.) Employee will be assigned to the internal food operations for the EOC and assist in providing food/beverage/snacks for the designated evacuation staging areas. Employee is to assist in turning off all gas and electric cooking appliances, turn off all air conditioning units and securing Mechanical Room #120. Cook - Andy Salinas Employee will be assigned to the internal food operations for the EOC and assist in providing food/beverage/snacks for the designated evacuation staging areas. Employee will insure that dry food products in storage are off of the floor, lights out and dry storage room door is closed. Cook --Althea Flowers Employee will be assigned to the internal food operations for the EOC and assist in providing food/beverage/snacks for the designated evacuation staging areas. Employee will insure that items in the Paper and Chemical storage room are off of the floor, lights are out and storage room door is closed. Trades HeIper (Vacant) Employee will assist in the Kitchen area and will insure dry food products in the storage are off of the floor, lights are out and dry storage room door is closed. Employee will insure that all items in the Paper and Chemical storage room are off of the floor, lights are out and storage room door is closed. Sr.Account Clerk—Alma Roberts Employee will secure items as identified on the Office Checklist for the NESC Administrative Office Area and in Office Room#114. Staff Assistant -m Stephanie Salinas Employee will secure items as identified on the Office Checklist for the NESC Administrative Office Area and in Office Room #112. Title XX Accounting Technician—Lena Herrera Employee will secure items as identified on the Office Checklist for the NESC Administrative Office Area in Room #112-Meeting Room. Laborer— Ruben Rojas Employee will relocate Vehicle#2912 to MOW Driveway; Close and Lock all Doors. Employee will assist in kitchen area as needed and/or the staff office rooms. Employee will be assigned to the internal food operations for the EOC. Laborer-Andrea Mayo Employee will relocate Vehicle#838 to MOW Driveway; Close and Lock all Doors. Employee will assist in kitchen area as needed and /or the staff office rooms. Employee will be assigned to the internal food operations for the EOC. Laborer- Ronald Johnson (Temp.) Employee will relocate Vehicle#825 to MOW Driveway; Close and Lock all Doors. Employee will assist in kitchen area as needed and/or the staff office rooms. Employee will be assigned to the internal food operations for the EOC. POST-EMERGENCY NESC STAFF RESPONSIBILITIES Upon reporting to work following an emergency all staff will assess damage; assist with clean up; test kitchen equipment; identify damages and report findings. Normal meal production operations will commence as soon as practical, Post emergency Shelf stable meals will be delivered (for up to an additional three days) to Home Delivered meal clients and/or a designated congregate meal site. Page 2 of 2 NUTRITION EDUCATION AND SERVICE CENTER (NESC) EMERGENCY PREPAREDNESS PLAN There will be a designated team to prepare and secure the NESC according to the Checklist. Team Captain: Connie Reschman Staff: Bobby Salinas Monica Jones(Temp.) Andy Salinas Althea Flowers Ruben Rojas Andrea Mayo Ronald Johnson(Temp.) Stephanie Salinas Lena Herrera Alma Roberts After securing the NESC staff will be given instructions in providing support to Senior Centers, Evacuation Support or other EOC support assignments. CHECKLIST: Office Room#114,#112 and Staff Office Area 1. Make sure all computers are downloaded if necessary. 2. Turn off and unplug all electrical appliances (calculators, computer, copy machine, etc.). 3. Move all loose items from the floor onto desks. .................................................................................. 4. Cover all desks with plastic. 5. Move contents of lower shelves of bookcases in all offices to the top shelf and cover with plastic. 6. Move contents of bottom file drawers to top of file cabinet. Cover with plastic. ....................... 7. Store all adding machines and any other small equipment in desk drawers. 8. Turn off, unplug and cover Copy machine with plastic. Page 1 of 2 NUTRITION EDUCATION AND SERVICE CENTER(NESC) EMERGENCY PREPAREDNESS PLAN. cont'd. CHECKLIST: Kitchen Area ---------------- 9. Turn off all gas and electrical cooking appliances. 10. Secure dry food storage area, items off of floor, lights out, and door closed. 11. Secure dry paper and chemical storage area, items off floor, lights out, and door closed. 12. Turn off and unplug Oliver machine. 13. Turn off all lights, set alarm, and shut door. General Area 14. Close all exterior doors. 15. Turn off all air-conditioning units. Mechanical Room#120 16. Turn off hot water heater. 17. Check that roof hatch is closed and latched shut and locked. 18. Make sure everything is picked up off the floor. 19. Close and secure door. Wash Basin Area Outside - 20. Take all mops, brooms, chairs, ash can, garbage cans, milk crates and/or bread trays and move inside building. Wash basin area and dock area should be free of any objects. NESC: Two Emergency Preparedness Scenarios Scenario#1: Team assignments during NORMAL WORKING HOURS. Staff on duty at the NESC will secure the premises according to the Checklist. Scenario#2: Team assignments during evening, weekend, or holidays. Staff will report to the SCS Administrative Office at City Hall for Assignment Each team of up to five staff is responsible for the implementation of Emergency Preparedness awareness that all facilities have been properly secured in accordance with standards outlined in the supplement to the Emergency Preparedness Plan. Page 2 of 2 DIVISION STAFF RESPONSIBILITIES SUPERINTENDENT OF SENIOR COMMUNITY SERVICES- Elsa Munoz Responsible for the coordination and staffing of evacuation of General Population and Functional and Access Needs Citizens and serves as Incident Command of the City's Evacuation Operations at the Corpus Christi Natatorium. Oversee all storm readiness preparations for Senior Community Services facilities. Coordinates assignment reviews for SCS staff as appropriate to weather conditions, Employee will report to the City's Emergency Operations Center(EOC) to provide support and assistance in coordinating internal food operations for EOC staff. SENIOR SERVICES SUPERVISOR- Lisa Oliver Responsible for the General Population and Functional and Access Needs Citizens Evacuation Operations and serves as Facility Manager of the City's Evacuation Operations at the Corpus Christi Natatorium. Oversee and coordinates the hurricane preparedness plan implementation for all senior centers„ Conducts staff notification and assignment reviews for SCS staff as appropriate to weather conditions. Responsible for insuring that all centers are properly secured and that the senior center staff assignments have been completed. Employee also provides EOC support to address concerns and issues affecting elderly residents in the community, NUTRITION COORDINATOR- Connie Reschman Employee is responsible for overseeing the Nutrition Education and Service Center(NESC)and assisting with the implementation of the Home Delivered Meal Emergency Preparedness Awareness Plan. Oversees notification protocols for all HDM clients and communicates evacuation needs as warranted. Coordinates all internal food operations for EOC staff and provide food/beverage for designated evacuation staging areas. NESC PHONE BANK- Administrative support staff(Lena Herrera, Alma Roberts, Stephanie Salinas) are responsible for calling all HDM clients to verify evacuation needs and ascertain status. Employees may be assigned to assist with the City's Hurricane Evacuation Operations after all homebound clients have been contacted. SENIOR CENTER SUPERVISORS Oveal Williams Carla Garcia(Temp.) Northwest Tammy Rodriguez (Temp.) Ethel Eyerly Deborah Henry Zavala Kathy Almaguer Broadmoor Lisa Vargas Lindale Evila Salinas Greenwood Sonia Garza Garden Ninfa Chavera Supervisors are responsible for the implementation of the Emergency Preparedness Plan for their respective facilities. Staff will insure that all facilities have been properly secured in accordance with standards outlined in the Supplement to Emergency Preparedness Plan. Retail Foo"d' 'E' 'st'ab"11slimelpt Insp'e'eflon-Report Page I of 2 Date C. T. Permit i e I i t of F d anager #of Food Handier I-- ---Permits Permlts Purpose of Inspection; I-Compliance -"Routine 3-Field Investigation 4-Visit 5-Other Establis hment Owner: Physical Address; 2" —----- ZIP. Ph.M Out------ COS Food Tempera—tureJ/Time Requirements —5 Pts ----- Violations Require Immediate Corrective-Action Remarks L Proper Cooling-for Cooke rep Food 2.Cold Hold(41 degrees Fahrenheit/45 degrees Fahrenheit) -----—------ Item/Loca 'on/Tern ----- —---- Ju—t-------- Co Personnel/Handling/Source Reqniretnents——----—---- 4 Pts Vial do D.——-Immediate Corrective Action Remarks 6.Personnel with Infections Restricted/Excluded 7 P—n-r/AqEguatHandwashini 8.Good H rienic Practices —----- �E��Iil 9.A roved Rnlmc ofr --- 10.Sound Condition ------- IL t Foods 12. oked Fo�ods/Otber _�—-------- 13 s/Tunc as Public Health Con l% — 14.­ e cient Ca ac of a=n Cold Under Pressure Out COS ciii i a lre ents - Pis Vialations D--.-'re Immediate Correction,Not To Exceed I s Remarks 15,Faninment A 16.Handwash 17.Handwash Fa ------- 8.No Evidence 19.No Evidence er ima s I ­:_ rb-- Labeled/Stored/Used ------- 21. ellMechanicRal ----- LMWLarewash Sanitizin ­ --------- 22,Mana__ r%-- --on of Kn2ow1kdRe/qcrtific 23,A roved Sew _teter is ial S stem 24.Tbermorneters Provide d/Accura t o rI Cali do enheit} 25. air 26.Is uffet Mate) 27.-- -—------- ubtatal --- Other Violations - Require Corrective Action,Not to Exceed 90 Days or the Next Inspe------- cd.on, WWchcvcr Comes First 4 pt 3 pt TU 7—-------- Ins ted Rv: Print., Ph.N., FOLLOW Up e N-0, s/,,' ' j Received bv-- V ------ Print., Tifle, —-—------- US 0 _ AGENDA MEMORANDUM First Reading for the City Council Meeting of April 8, 2014 xg Second Reading for the City Council Meeting of April 15, 2014 DATE: March 17, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mo(a_cctexas.com 361-826-3494 Texans Feeding Texans Grant Award for the Home Delivered Meal Program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $62,142.63 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2014 Senior Community Services —Texans Feeding Texans. PURPOSE: Appropriate grant funds to supplement the Elderly Nutrition Program Home Delivered Meals Program. BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Community Services Program through Federal and State grants that must be appropriated each year. Additional grant opportunities are also sought to expand program operations and fund special initiatives. This grant does not require any City match funding. The Texans Department of Agriculture Texans Feeding Texans Program provides state funding to directly supplement or extend meal services to homebound persons that are elderly or disabled. The Senior Community Services, Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well-balanced noon meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. Funding for this program is contingent on an approved resolution through the county in which meals are served. The Nueces County Commissioners Court approved a resolution to authorize the City of Corpus Christi's application for FY 2014 funding. The City of Corpus Christi's grant allocation was to be determined by census data for elderly living in Nueces County as included in the grant application submitted by Nueces County. Last year's funding for this grant was $140,220.79. The Texans Feeding Texans Program provides funds to supplement the food and food supply budget and supports one full time staff position dedicated to the Home Delivered Meal Program. ALTERNATIVES: Do not accept the grant. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Accounting, Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item 62,142.63 62,142.63 BALANCE 62,142.63 62,142.63 Fund(s): Parks & Recreation Grant Fund 1067 Comments: There is no required city match for this grant. RECOMMENDATION: Staff recommends approval as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Agreement Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $62,142.63 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2014 Senior Community Services — Texans Feeding Texans. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a $62,142.63 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2014 Senior Community Services—Texans Feeding Texans. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 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 , 2014 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 , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor TEXAS DEPAR I MEN"I"' OF A�('."'I'R,.".1',C',LJ'LTL',�"'RE TODD STAPLES COMMISSIONER Date: January 3, 2014 To: 2014 Home Delivered Meal Provider From- Karen Reichek,Grants Coordinator Re: Texans Feeding Texans: Home-Delivered Meal Grant Program Agreement The Texas Department of Agriculture(TDA) is pleased to inform you that your 2014 application to the Texans Feeding Texans: Home-Delivered Meal Grant Program has been approved. Acceptance of this grant is conditional upon the completion and return of the enclosed Grant Agreement ("Agreement"). Carefully review the Agreement to determine whether your agency can meet the conditions. The Agreement includes a budget form that must also be completed and returned. The budget should indicate how the organization intends to expend the 2014 grant funds. While we urge you to represent your budget as accurately as possible,there are mechanisms described in the agreement, Attachment B, Section 4; to revise the budget during the grant year, if necessary. Please note that the grant award will be distributed in two installments; once in February and the remaining funds in August. Grant funds must be used to directly supplement or extend existing meal services to homebound persons that are elderly and/or have a disability. Grant funds may not be used for the purchase of capital assets, which would include any equipment valued at$5,000 or more. In order for TDA to monitor the expenditure of grant funds,you will be required to provide Quarterly Grant Spending Reports. It is important to know that the Quarterly Reports will require you to detail how TDA grant funds are spent. Please sign Agreement and attachments and return ALL DOCUMENTS by close of business, Physical Address: Mailing Address: Ms. Mindy Fryer, Grants Specialist Ms. Mindy Fryer,Grants Specialist Texas Department of Agriculture Texas Department of Agriculture 1700 North Congress Avenue P.O. Box 12847 Austin,Texas 78701 Austin,Texas 78711 A copy oft a fully executed Agreement will then be returned to you for your records. If TDA does not receive your signed Agreement by the due date,your initial grant payment will he delayed. If you have any questions please contact Ms. Mindy Fryer at(512)463-6908 or by email at Grants@TexasAgriculture.gov. O. Box 12847 Ausdn,'Fexas 78711 (512)463-7476 rax. (888) 223-8861 www.1'ex2sAgriculture.gov TEXAS DEPARTMENT OF AGRICULTURE Ex, GRANT AGREEMENT C(Dp)r ToODSTAPLES COMM15,�TMER Grant Agreement Number �Xnaount of Grant Funds 1 DM-14-1210 $62,142.63 Period of PerformanceiTerin of Agreement AnIoUnt of,Matching Funds From: 02/01/2014 To: 01/31/2015 $ 0.00 Grant Program- Type Texans Feeding Texans: Home-Delivered Meal State®General Revenue Grant r o ram Project Title: 2014 Texans Feeding Texan Home-Delivered Meal rant Program GRANTEE GRANTOR Name Name City of Corpus Christi, Parks and Recreation Dept. Texas Department of Agriculture Senior CommunitZ Services iv Physical Street Physical Street P.O. Box 9277 1700 North Congress Avenue Stephen F.Austin Build i th or cay�'Sratc/zap City/Stare/Zap Corpus Christi, TX 78469 Austin, Texas 78701 Project Manager Grants Coordinator Elsa Munoz Karen Reichek Phone Emad Phone E mail 361-826-3145 elsam@cctexas.com Phone ail Grants@TS-lasA mculture-eov 1� ......................................................................................................­­.......................................................... ................................................................................................... Authority and Purpose Chapter 12 of the Texas Agriculture Code (Codc) provides that the Grantor,shall encourage the proper development ofagricultore and mar the Grantor may enter into cooperatiVeagreemeats with local, state, federal and other governmental entities to carry out its duties Linder the Code. In accordance with Section 12,042 of the'rexas Agriculture Code,funds liave been appropriated to the Grantor to help defray the costs of providing[iome,dchvcred meals that are not fially funded by the Department of Aging and Disability Senices or an area agency on its tip;, .................I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I................. ............................................................................................­�...°,,,,,,,,,.,,,,........I,,,,.,.,............... .................. . .................................................................................................................................................................................................................................lase'W„„..w..... ............................................................................................... .............. equired Attachkrticnr E-Allowableand Non-Allowahle Expenses,�qpp&able ment A ,-kward Specific Provisions tn r F W,9 For .ktrachincrat B,�.-Standard Terms and Conditions .Artachment C­,Approved.Grant proposal and Budget Attachment D Certification and Assurances ..............­ ....................................................................................................................................................................................................................................................................... All required aitachmentsare incorporated into this grant agreementas if fullyset forth harem. Except as specifics By, provided othenvise in this Agreement, any alterations, additions, or deletions to the terms of this Agreement shall I)e b r a mendment in wrung .and executed by both parnes t o t his Agreement or as othen-vise provided. Such ,amendments shall not invalidate this ag.reenicair,nor relieve or release the Grantor or the Grantee from its obla ations under thi reemem. ­.....'�............................................................................................................................................................­­...................... ..........................................................................................................................8..........................................................................................1��k .................................................................... .................................................................................°,,.............................................................................................................................................................................­.............7--­­..................................... a__________........................................................................................­'�...................................... Authorized Signatory. Each person signmg the Agreement certifies that lie or she is authorized by die Grantor or Grantee to bind the parry on whose behalf they ire signing to the terms and conditions in the kgreement, is executed In the Parries in,thei,r canacrues is stated bclow,, ............ ....................................................................................... ............................................................................ Grantee .............. ................ i �iachll Morris,Director( DeEME�2!Mssi ne Dom-DeBern, 0 r ........................................-—----- ...„W_._._ ........ Date Date kill 93J L J1 ............ ....................................................... .................................................................................... ................. ................................................................................................ ......................................................................................................... Award Agreement#HDM.14-1210 TDA—City of Corpus(hristi!,Parks and Recreation Dept 5e6or Cornri►u►ty Services Di1v P ag,e I of I Texas Department of Agriculture Attachment A—Award Specific Provisions I Program Purpose and Grant 1.1 This Agreement is for the Texans Feeding Texans: Home,,Dehvered Meal Grant Program ('Program") to distribute grant funds to eligible organizations that provide horrie-delivered meals to homebound persons who are elderly and/or have a disability. 1.2 Grantee has applied for a grant from the Program and has met all requirements for receiving the Grant. 1.3 Grant Budget. Grantee shall provide a detailed budget for the year, attached hereto as "Attachment C", not to exceed a total of$62,142.63 for all awards granted for the Term of the Agreement, signed by the Grantee, using the budget categories by which Grantee shall be submitting Quarterly Report information. 2 Grantee Obligations 2.1 Payment Schedule, The Grantor shall make a grant award not latter than February I to Grantee. Fifty percent ( c'o'o), of grant funds awarded shall be allocated and distributed to Grantee on or before February 1. The remaining fifty percent (50%) of such grant award shall be allocated and 's `bated to Grantee on or before August 1. Notwittistanding any other provision of this subchapter, the Department may deny, revoke, suspend, or withhold a ant award for misuse of grant funds, or failure to comply with any requirement of Tex-is Administrative Code Tide 4,Part 1, Chapter 1, Subchapter 0,Sections 1.950 et seq. 2.2 Performance by Grantee. Grantee shall use Grant M' accordance with the terms of this Agreement and 1'exas Administrative Code Tide 4, Part 1, Chapter 1,Subchapter 0, Sections 1.950 et se q. 2.3 Non expended Grant f,unds. Grantee understands and acknowledges that grant funds at are not expended by Grantee prior to the end of the Term of Agreement, includingany authorized extensions, must be returned to the Grantor. Failure to remit unused funds may result in legal action against Grantee, including,without limitation, making Grantee ineligible for future Program funds. 2.4 Grantee's Menu and Substitution Procedure. Grantee shall have all menus and meat substitution procedures approved by a registered dietician or a person with a bachelor's degree (or higher) in loo d and nutrition, dietetics, or food service management,who is currently employedas a dietitian or dietary consahant in a hospital, nursing facility, school, home-delivered meal organization, or in private practice. Grantee shall maintain documentation of such approval. 2.5 Grantee Meal Delivery and Temperature Standards and Procedures. Grantee shall m-untain policies to ensure comphance with meal temperature standards and the Program's four-hour delivery requirement at each meal preparation location. Grantee shall, also maintain records demonstrating compliance with Grantee's policies. If Grantee does not comply with meal temperature standards and ffic four-hour delivery requirement due to exceptional circumstances, the Grantee should seek a nritten waiver from Grantor as soon as practicable follo-,ving the ?ccurrence of the exceptional event or circumstances. If Grantee Eus to comply wittrth' Program's ibur'h6iir delivery requirement, Grantee will be required to implement corrective action, as determined bv, TD,:k, prior to applying for future funds. Award Agreement NHDM-14,1210 II,of Corpus Christ',Pxrrks and Recre,)tion Dept.Senior Community Services Div Page 1 of 2 2.6 Failure to Obtain a Food Establishment Permit or Comply wid,"rexas Food Establishment Rules (TFER). If it is determined that Grantee failed to obtain a required food establishment permit, or that Grantee failed to comply with TFER, Grantor, at its sole discretion, may exercise the remedies set for in sections 6.1 and 7.1 of this Agreement, including,without limitation, termination of the Agreement and taking legal action to obtain full repayment of the Grant. 2.7 Notice of Failure to Receive County Grant. Grantee sliall promptly noti , the Grantor of any failure to receive or reduction in the amount of the county grant funds required by Texas Administrative Code Tide 4, Part 1, Chapter 1, Subchapter 0, Section 1.953 as reported by Grantee mi its application for funds under this Program. Failure of Grantee to receive, or reduction in the amount of, county grant funds may result in the withholding or revocation of a Grant or require Grantee to refund Grant funds disbursed. 2.8 Eligible Meals. The Grant is based on the number of Eligible 'Meals served by Grantee. Eligible Meals are calculated by subtracting the meals funded by the Texas Department of Agingand Disabilities and/or Area ,Lgency on Aging from the total number of meals delivered as reported by Grantee in a county between September 1, 2012 a ,kugust 31, 2013. The Grant is calculated on the remaining number of meals. For purposes of this Grant, any, meals that are not Eligible Meals are classified as Ineligible Meals. If an audit or review of the Grant reveals that Grantee has received Grant funds based on Ineligible Meals, Grantee will be required to repay Grantor the amount of the excess Grant funds received, on terms and conditions as may be set by Grantor. Award AgrE�ernent NIMM-144210 TDA•-City of Corpus Christi,Pavks and Reirreation Dept.SeMor Carninnuriky Services Div ipaige 2 Texas Department of Agriculture Attachment B—Terms and Conditions 1.1 Application. Grantor and Grantee (the Parties) agree to the following terms and conditions, which are applicable unless a to of the Award Specific Provisions clearly indicates otherwise. fn the event that any terms between Attachment A and Attachment B of this agreement conflict,Attachment A shall control. 2. Definitions 2.1 "Agreemene, –The Grant A eetnent ands ll attachments thereto. 2.2 "'Authorized Official" ­ Grantee's representative authorized to bind the Grantee and take action on its behalf. 2.3 "Commissionee, ­The Commissioner of Agriculture. 2.4 "Departmene'–The Texas Department of Agriculture. 2.5 "Deputy, Commissioner" ­The Deputy Commissioner of Agriculture. 2,6 "Fiscal Officer" - Grantee's designued representative responsible for all financial and budget reporting functions related to the administration of the grant, as required by the Agreement. 2.7 "Grant Coordinator" ­ Grantor's designee responsible for and authorized to coordinate the Grant Program. 2.8 "Non-Expendable Personal Property" -, Tangible personal property having a useful, life of more than one year and an acquisition cost of$5,000.00 or more per unit. 2,9 "Pr oject Manager" – Grantee's designated representative responsible for day-to-day project management and coordination. 3 Reporting Requirements. 3.1 Performance Reports. A. Quarterly Reports Required. Performance reports shall be sub fitted on a for prescribed by Grantor. These reports shall be in a narrative format, from one to three pages in length, and detail the accomplishments of the project objectives for the previous three-month period. The due dates for reports are thirty days after the end of each report period set in section 3.3. B. in Performance Report. The final report shall follow the format prescribed by the DepartmK..w.of Agti,cul cure Trade&BLIinuss DLvck iprnc nt-G,ranu, I(if 13 \tTactimcnt B—'I=5,and(;ondjion, Grantor. Tlie Final Performance Report is due thirty days after the expiradon or termination of this Agreement,whichever occurs first. 3.2 Budget Reports. A� Budget Reports. Budget Reports shall be submitted on a form prescribed by Grantor. These reports Shan detail use of grant funds spent to to and must be submitted wittlin the time prescribed by Section 33 of this Attachment B. B. Budget Report. Both the Fiscal Officer and die Project Manager must sign the Final Budget Report. The form shall detail the use of an award funds in accordance with the approved budget. I'lie Final Budget Report is due sixty days after the expiration or termination of this Agreement, whichever occurs first. Grantor Shan not reimburse any expenses incurred after the termination of this Agreement 3.3 Quarterly Reporting Periods. Quarterly reports must be submitted no later than thirty days after the end of the following reporting periods: • September I thru November 30; • December 1 thru Feb ru,-m, 28; • March 1 thru INlay 3 1; and • June I thru August 31. 3.4 Annual Inventory of Property. Grantee's Project Nlanager or Fiscal Officer shall provide to the Grantor an Annual Inventory of Grantor Non-Expendable Personal Propert,ti detailing the items' location and condition on the form prescribed by, the Grantor. 3.5 Failure to Comply %vith Reporting Requirements. Failure of Grantee to comply with any of the reporting requirements in this Agreement may result in the revocation of a Grant, withholding of request(s) for reimbursement, requiring the repayment of Grant funds disbursed to Grantee, and/or Grantee's ineligibility for future Program funds. 4 Agreement Modifications 4.1 Agreement Modifications. The Agreement cannot be changed, terminated or modified in any manner other than as provided for here` . Grantor is not obligated to approve requests for modification. 4.2 Requested Agreement Changes by Grantee. The Grantee may request changes to the -kgrcement, budget or objectives and deliverables by sub rnitting the requested change to the Grantor in writing. Exceptas othemise provided 'in the kgreement, requested changes Shan only become effective upon written approval of the Grantor. Written notice of approval or de "al of the Grantee's request will be sent to the requestor. 4.3 Time f o r Requesting Agreement Changes. The Grantee may request changes t o t he -kgreement by submitting the requested change, in a format prescribed by Grantor, including Justification for the request, to the Grant Coordinator no later than thiity days prior to the end of the Term of Ngreement. Requests for Agreement changes may be submitted for :1 cxx�Dcpartmc,ru of 1�ki!ru:iafiruriL rade.&Busincs,,;Dant+;pnwnir,-Gr"1111F Page 2 of 13 tradimmt B-, I Lrm,,and lC ondaron"; approv, A within thirty days prior to the end of the Term of Agreement, but only for good cause as determined by the Grantor based on the justification submitted with the request. The following requests shall be considered: A. Material Budgetary Changes. If a budgetary change for an amount exceeding 1V?o of the Grant Award is needed, it must include: 1) A statement explaining the need for the change;and 2) Documentation indicating the line items and amounts to be changed. B. Programmatic Change. If a programmatic change is requested, such as the scope, target, or focus of fl�ie Grant Project, the request shall include a detailed explanation and a statement for the change. C. Agreement Extension. Grantee shall submit to Grantor written request with an explanation, for an extension of the Agreement not less than thirty days prior to the end of the Term of Agreement. The explanation should demonstrate that the extension is necessary due to unforeseeable circumstances preventing completion of the Grant Project. 4.4 Budgetary Revisions. The Grantee 11S allowed to make budgetary revisions without priot approval for up to 1001110 of the grant award. The total of the revisions is a cumulative amount totaling 10% of the award. These funds may only be reallocated to eligible Fund previously approved line items, excluding indirect costs and equipment purchases. Notification of any revisions must be submitted to the Grantor 'in writing within ten business days prior to the subsequent payment request. 4.5 Grantor Amendment. Grantor may alter, amend, change, modify, revise, or supplement the terms of the Agreement by providing written notice of amendment to Grantee. Grantee's continued performance under the Agreement constitutes acceptance of Grantor's amendment. 4.6 Approved Changes Become Part of Agreement. Once approved in accordance with this Attachment, approved changes become a part of the Agreement, superseding all provisions that are inconsistent herein, 4.7 Lack of Approval for Budget Transfers. Lack of prior approval for the following will be grounds for denial of reimbursement requests for the following items: A. Budget transfers exceeding 1V o of the grant award; B. Indirect costs; and/or C, Equipment purchases. 4.8 Grantee Project Manager Change. Grantee shall notify Grantor in writing within seven days of Grantee's Project Manager separation from, or notice of intent to separate from the Ft,xa,Dupiomntot %gricWture Gonts 3 of 13 Vtachmt-rit B E,crm.,t ind(:ondm ns Grant during the Term of the Agreement. Such notice shall include the date of termination of the Project Nlanager's affiliation. 4.9 Grantor's Approval of Proposed Project Manager Change. Grantor shall review Grantee's request and provide written approval or denial of the proposed change within 10 business days after receiving such notice from Grantee. If Grantor does not approve such substitution, then the Agreement shall be temporarily suspended until an alternative Project Nianager is approved or the Agreement is terminated in accordance with Section 8.1 of this Attachment B. 4.10 Reimbursement After Project Manager Separation. Unless Grantor has approved the Project Nianager change under Section 4.9 above, Grantor will not reimburse Grantee for an), expenditure directly associated with the Project Nlanager under the Agreement that is incurred after the effective date of termination provided in the written notice under Section 4.8 above. Such expenditures include, but are not limited to the Project Manager's salary, incidentals, and/or travel. In the event of any conflict between Sections 4.10 and 8.5 of this Attachment B,Section 8.5 will prevail. 5 Compliance 5.1 Access to Records. During die Term of Agreement and for at least three years after termination of the Agreement, Grantee shall allow representatives of Grantor and/or the State Auditor's Office upon request by such, access to and die right to examine the premises, books, accounts, records, files and other papers or property belonging to or in use by Grantee and pertaining to the Agreement. Such records shall be maintained by Grantee at a location that is, readily accessible to Grantor and/or the State Auditor's Office. 5.2 Authority to Audit and Investigate. Grantee understands that acceptance of grant funds under the Agreement acts as acceptance of the authority of the State Auditor's Office, its successor agency, and a representative of the Grantor to conduct an audit or investigation in connection with such funds. Grantee further agrees to cooperate fully with the State Auditor's Office, its successor or any representative of the Grantor in the conduct of the audit or investigation,including providing all records requestedand providing the State -kuditor or any representative of the Grantor with access to any information they consider releN ant to the investigation or audit. Grantee shall ensure that the clause concerning the authority to audit funds received indirectly by any subcontractors used by Grantee and their requirement to cooperate is included in any, subcontracted awards. 5.3 Records Retention. All records under the Agreement are required to be maintained by the Grantee for three years after the expiration or termination of the Agreement, or any litigation or audit is completed, whichever is longer. 5.4 Copies of Financial Audit. If Grantee has a 6nancial audit performed in any year during which Grantee receives funds from Grantor, and if the Grantor requests information about the audit, the Grantee shall provide such information to Grantor or provide information as to where the audit report can be publicly viewed, including the audit transrMittal letter, management letter, and am schedules 'in which the Grantor's funds are included. fus as Deparrmcnr of \pncu Itu ru �vadc&Husnun;s Dcv(.4qwncT1t-Grants Pagc 4 of 13 krinchmuir B-•" L.-.rms:aNu]1( ondinow 5,5 Notification Regarding Grantee's Fiscal Officer or Authorized Individual Changes. Grantee shall immediately notify, Grantor if Grantee's Fiscal Officer or Authorized Individual leaves or otherwise changes during the'rerm of Agreement. Grantor shall not process grant payments during any period of time for which Grantee has failed to designate a Fiscal Officer or Authorized Individual. 5.6 Notification of Subcon tract/Assignsnent.Any delegation by Grantee to a third party of any of the duties and responsibilities under the Agreement shall not relieve Grantee of its responsibility to Grantor for its proper performance under the Agreement. Grantee cannot subcontract or assign any of its duties under the Agreement without advance written notice to Grantor and prior written approval of Grantor,which shall tiot be unreasonably withheld, Lack of notice may be grounds for termination of the Agreement. 6 Intellectual Property 6.1 Copies of Materials to Grantor;Non-Disclosure. The Grantee shall provide to the Grantor any Intellectual Property,information,data, conclusions,or reports as it may develop or produce as aresult of the Agreement at least thirty days prior to its publication, release,or dissemination,in any form, for Grantor's review and comment. If Grantee and Grantor agree for good cause that such materials or information should remain confidential, Grantee shall not disclose or publish any 'in formation gathered, compiled,produced, reviewed or controlled by Grantee in connection with the approved Grant Project defined in ,kttachment C. For purposes of this section,good cause includes (i) breach of the Agreement by Grantee and (ii) Grantee's failure to meet the Grant Project's objectives. The Grantee shall provide to the Grantor copies of all printed or recorded materials which describe or publicize the project,including brochures, press clippings,audio and view tapes, and photographs of sites and signs. The Grantor shall have the right to publicize the Grant Project and to use and disseminate the information, data, conclusions, articles,reports, brochures, audio and videotapes, photographs, and other items provided by Grantee. Notwithstanding any other provision in the ;kgreement, Grantee agrees that if Grantee commits a material breach of the Agreement, or if Grantor tertninates the Agreement for cause, then Grantor shall be the sole owner of any Intellectual Property created under the Ckgreement,and Grantee has no rights to said Intellectual Property whatsoever. 6.2 Reports to Grantor. If the Grantee first conceives of,actually puts into practice, discovers, invents,or produces any intellectual property during the course of its work under, the Agreement,it shall report that fact to the Grantor. 6.3 Copies of Intellectual Property Materials to Grantor. The Grantee Must SUbrmit a copy of any intellectual property materials produced as a result of the Grant Project to the Grantor at least thirty days prior to publication, release, or dissemination. 6.4 Funding Statement. All materials produced as a result of the Grant Project must include a statement that the work was funded, in whole or in part, by the Grant Program as administered by the Texas Department of Agriculture. 11',,,,as[Xpartmcnt.ofAgriculuarL 1'v.a& .1k Bustnq�s,,;L)c%t:N pment (irancs 5 of 13 W;1ChML11R B- I w=4 ind Conchdon,.; 6.5 Grantor's Rights. The Grantee may obtain governmental protection for rights in the intellectual property. However, the Grantor reserves a royalty-free, nonexclusive, perpetual and irrevocable license to use, publish, or reproduce for sale or otherwise, and to authorize others to use, publish, or reproduce, for sale or otherwise (to the extent consistent with the rights of third parties) any intellectual property created or produced in whole or in part with funds received under the Agreement and for which the Grantee obtains intellectual property° rights. G. Grantee's Responsibilities. In perforn-ting work under the Agreement, the Grantee shall comply with all laws,rules, and regulations relating to intellectual property, and shall not infringe on any third party's intellectual property rights. It shall hold the Grantor harmless for, and to the extent permitted by the laws and Constitution of the State of Texas, defend and indemnify the Grantor agamst, any claims for infringement related to its work under the Agreement. 6.7 Subcontract Provisions. The Grantee shall include provisions adequate to effectuate the purposes of Section 6 oft `s Attachment in all subcontracts under the Agreement in the course of which intellectual property, rnni T be produced or acquired. 6.8 Intellectual Property Developed with Other Funding. Nothing in Section 6 of this Attachment is intended to give the Grantor a right to any intellectual property developed with funds other than those provided by the Agreement or used as matching funds under the Agreement. 7 Payments. 7.1 Lack of Funding. The Agreement is subject to the avnilabilitV of state, federal or private funds. If such funds become unavailable during the Term of Agreement and Grantor is unable to obtain sufficient funding for the Agreement, the Agreement will be reduced or terminated. 7.2 Grantee in on Standing. Grantee understands that 'in order to be eligible for payment from Grantor, Grantee must be m good standing with the Texas Comptroller of Public Accounts. 7.3 Reimbursement. Grantor shall reimburse Grantee only for actual, reasonable and necessary expenses,in accordance with the following circulars, directives, policies and standards: A. 02\113 Circular 102, 2 CF R 215, 2 CFR 220, 2 CF R 225, and 2 CFR 230 as applicable; B. The Uniform Grant Management Standards ("L'G.NLIS"); C. As provided form' Attachment C, and to the extent the expenditure is allowable as determined by Grantor;and D. Only to the extent such expenses have been incurred bi Grantee in the fulfillment of the objectives provided for in Attachment C. 7.4 Reimbursement Documentation. Grantee shall submit to Grantor, for each Of A!,MLARMC (.AIMUS Pagc 6 of 13 kirmichnurn B [Crms And Condition, reimbursement request, a completed Payment Request and Budget Compliance Report on a for designated by Grantor,including the Following information,if applicable: A. Personnel Costs. Back-up documentation for salary/wages and fringe benefits must be provided that detail personnel time billed directly to the program, B. Travel Costs, Travel costs are allowable for transportation, lodgingand related expense items incurred by Grantee while traveling within Texas on official business directly related to the Grant Project. Reimbursement for travel is limited to the federal Domestic Per Diem Rates,which can be found on the U.S. General Services Administration (GSA) Web site. For locations not listed on the GS site, the rate will be limited to travel reimbursement rates as set by the Texas Comptroller of Public Accounts. The Grantor will address exceptions on a case-by-case basis. Copies of receipts for all expenditures, regardless of the amount, must accompany the request—including, but not limited to, airfare, lodging, transportation, incidentals, etc. A brief justification for the travel must I also be included. Meals, or any food related .terns related to travel and or per them expenses are not an allowable cost and will not be approved for reimbursement. C. Supplies and Other Operating osts. Copies of vendor invoices for purchases of 5500.00 or more and an itemized list of all invoices for purchases of less than $500.00 must accompany the Payment Request. All backup documentation, including original copies of vendor invoices, must be made available to Grantor upon request during any audit conducted at Grantee's premises under the Agreement. D. Indirect Costs. Grantoesmaximumobligation also includes 'indirect costs of up to ten percent (IV,ij) of actual costs. The inclusion of these indirect costs shall not change Grantor's maximum obligation under this Agreement. In order to be reimbursed for indirect costs, Grantee must provide an Indirect Cost Plan to Grantor for approval. 7.5 Payment Requests. Grantee must submit payment requests in a manner as prescribed by Grantor at least quarterly,with no greater frequency than monthly. 7.6 Final Payment Request. The final payment request must be received no later than sixty days following the completion of the Grant Project or after the expiration or termination of the Agreement,whichever occurs first. 7.7 Payment Schedule. In order to be eligible for reimbursement of payment request, all reporting requirements must be current. Grant funds shall be paid according to the following schedule. A. Up to 901'',�n, of the total grant award may be disbursed provided the work for which payment is requested has been completed and proper documentation to substantiate the request has been submitted pursuant to Section 7.4. B. The remaining 10",,4 may only be disbursed if the disposition of all property purchased under the Agreennent is submitted utilizing the form designated by the Grantor (if applicable)- 11':::x.;[X partmm r.or kkrirulnxn.r Grant, V,v,v '74 13 hl VEachin(Mr..B I F,..rm and(Aindinions 7.8 Payment Classification. Funds reimbursed under the Agreement must be chissified as "grants" for financial reporting purposes. 7.9 Use of Funds. Quarterly reports must demonstrate the expenditure of funds in a timely manncr, as well as corresponding progress towards Grantee's project objectives. Lack of progress will be considered a breach of this agreement and unless cured in the time prescribed by Grantor,vv' result in the termination of this agreement. 7.10 Non-expended Grant Funds. Grantee understands and acknowledges that grant funds that are not expended by Grantee prior to the end of the Term of Agreement,including any authorized extensions, shall be forfeited. 7.11 Required Repayment of Grant Funds. A. Grantor will deny any requests for reimbursement and/or require repayment of Grant funds disbursed to Grantee if 1) Grant funds are tnisused; 2) Grantee violates any term, condition or provision of this Agreement; or 3) Grantee made any misrepresentations to Grantor in obtaining this Grant. B. This provision is not excluslVe of other grounds for with holding or requiring repayment of grant funds or any other remedy, civil or crin-unal, which may be available to Grantor. 7.12 Matching Funds. Grantee is required to expend matching funds in an amount equal to or greater than the pledged match as outlined in Attachment C. Requests for reimbursement w ill only be paid after Grantee provides documented minimum expenditure of matching funds in an amount proportionate to the reimbursement request. 8 Termination of Agreement 8.1 Agreement Termination. The Agreement may be terminated at any time by mutual consent. In addition, either party may terminate the Agreement,without cause, upon thirty, days'written notice via registered or certified mail, re turn recelp t requested, to the o ther parry. Early termination of the Agreement shall not relieve Grantee from the obligation of providing final performance and budget reports regarding the expenditure of grant funds received prior to termination. If one party terminates the Agreement, pursuant to this section, then the effective date of termination is thim-days from the date that the non tern-driating party receives the notice of termination. 8.2 Immediate Termination. Any default or breach of the.Agree met, including but not ted to, Grantee's failure to meet reporting requirements for more than one quarter (does not have to be consecutive), or fulfill any other obligation under the Agreement, shall constitute cause for U'=cdiate termination of the AgreemenL Such termination is effective upon written nod cation by Grantor by mailing written notice via registered or certified mad, return receipt requested, to Grantee. The effective date of termination is three days after Grantor mails Grantee notice of termination. I(.xas DcrartmLnt trot \mculture I raJE;&Bumm�s DL%Jopm;1-nt-Grants Paw. 8 of 13 ktrachMLnr 13 , I LfMS,,)nd Conditions 83 Curable Breach. If Grantor determines that a breach by Grantee is curable, Grantor may send written notice to Grantee stating the nature of the breach. Should the breach not be cured by Grantee within thirty days from the date of the notice, the Agreement win be immediately terminated. Forbearance oft 's section or any other termination provision by Grantor shall not constitute a waiver of the breach. 8.4 Termination for Lack of Appropriate License/Permits. Grantee's failure to obtain and maintain applicable federal,state, and local licenses and permits shall constitute cause for immediate termination of the Agreement. 8.5 Reimbursement upon Termination. In the event of termination of the Agreement, Grantee shall be reimbursed for eligible, documented expenses maccordance With the ,.Agreement up to the date of termination. Expenses incurred beyond the date of iemuination will not be reimbursed,and Grantee specifically waives all rights to any further funds upon termination of the Agreement. 8.6 Effect of Expiration or Termination. Sections 3.1, 3.2, 5.1, 5.2, 5.3,5.4, 6.1,6.3, 6.4, 7.11, 8.1, 9.5, and 9.6 of this Attachment B shall survive the expiration or termination of the Agreement. Notwithstanding anything to the contrary contained in the Agreement,, termination of the Agreement shall not release or relieve either Grantor or Grantee from any liabilities or damages arising out of any breach of the representations and warranties made by it, its failure to perform any of the covenants, agreements, dudes or obligation arising under the Agreement. 9 Disposition of Property 9.1 Property Vested in Grantee. When personal property is acquired by Grantee with grant funds, tide shall be vested in Grantee, subject to the Agreement. 9.2 Personal Property Used in Accordance with the Agreement. During the Term of Agreement, such personal property shall be used in accordance with the Agreement to accomplish the public purposes served by the Grant Project. 9.3 Maintenance of Property Records. Grantee must maintain property records that include a description of the property, a serial number or other identification number, the source of property, who holds the tide, the acquisition date, and cost of the property, percentage of state participation in the cost of the property, the location, use and condition of the property, and any ultiniate disposition data including the date of disposal and sale price of the property, on a form prescribed by Grantor. 9.4 Physical Inventory. A physical 'inventory of the property shall be taken and the results reconciled with the property records at least once every two years,or prior to termination of the Agreement,as applicable. 9.5 Non-Expendable Personal Property. tkfter the termination of the zkgreement, Grantee may continue to use any Non-FE,-xpendable Personal Property acquired under the Agreement ILX,V A�,i&&Business Duvelr,ap mr .:w-Grnanvi 9 ot 13 \rrachmcnt B—'Ferrns and Condirton, in the Grant Project as long as needed,whether or not the project continues to be supported by grant funds. In the alternative, Grantee may sell the property and reinvest the proceeds in the Grant Project. 9.6 Property Disposition at Project Expiration or Termination. If the Grant Project has terminated and the property is no longer being used for the purposes specified in the Grant Project, then the property must be disposed of as follows: A. If the property has a current per-unit fair market value of less than $5,000.00, Grantee may use the property for other activities without reimbursement to Grantor or sell the property and retain the proceeds. B. If the property has a current per-unit fair market value of 55,000.00 or more, Grantee may retain the property for other activities, or sell it, but shall in either case compensate Grantor for its share. 717he amount of compensation shall be computed by applying the percentage of Grantor's actual participation in the cost of the original project to the current fair market value of the property. C. If Grantee has no further need for and is unable to sell the property, Grantee shall request disposition instructions from Grantor. 9.7 Expendable Personal Property. Expendable personal property shall vest in Grantee upon acquisition. If there is a residual inventory of such property exceeding$5,000.00 in total aggregate fair market value upon completion of the Grant Project, Grantee may retain the property for other activities, or sell it, but must in either case compensate Grantor for its share. e amount of compensation shall be computed in the same manner as Non- Expendable Personal Property. If Grantee has no further need for and is unable to sell die property, Grantee shall request disposition instructions from Grantor. 10 General Terms and Conditions 10.1 Delegation to Third-Pafty. Grantee is not relieved of its dudes and obligations imposed by the Agreemenr through delegation by Grantee to a d-drd-party. 10.2 Agreement Binding. The Agreement shall be binding on and inure to the benefit of the parties and their officers, executives, administrators, legal representatives, and successors except as otherwise specified herein. Neither party may assign or transfer the Agreement without the written consent of the other party. The parties intend to be legally bound and have executed the Agreement as evidenced by their signatures on the date indicated below. The Agreement is not effective unless and until it has been si gn ed by both parties. 10.3 Grantee es ponsible for Compliance. Grantee shall be solely responsible for compliance ru `with all federal, state, and mu icipal laws, ordinances, regulations, and purchasing or contracting guidelines in the accomplishment of the Grant Project funded by the Agreement, and failure to comply with such shall constitute cause for immeiate termination of the Agreement in accordance with Section 8.2 of this Attachment. Texas Dcpartment of Agnculture Tradc&Business Devi-hopmenr Granu Page 10 of 13 Wachment B—Term.,and Condmons 10.4 Agreement does not Create Debt. The Agreement shall not be construed as creating any debt on behalf of the State of Texas, and/or Grantor in violation of Article III,Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6, of the Texas Constitution, all obligations of the State of Texas or Grantor hereunder are subject to the availability of appropriations and authorization to pay by the Texas Legislature. 10.5 Delivery Methods. Unless specifically provided herein,,any required notice to be given by either party to the other party must be affected by personal delivery in writing or by mailing same the registered or certified mail,return receipt requested. All notices shall be addressed to the parties at the address stated in the Agreement unless a change of address has been given in the manner provided for in this section. 10.6 Inspection by Grantor. During the Term o[Agreement, Grantor may inspect Grantee's premises,nccoun ting records,property records,and other records, to monitor Grantee's performance of the work and expenditures of the grant funds. Grantor finther has the tight to make a visual inspection of any assets purchased or constructed with grant funds. 10.7 Indemnification. Grantee shall indemnify and hold harmless, to the extent allowed by the laws and Constitution of the State of Texas,Grantor,its executives, officers,agents and employees, from any and all claims, demar0s, and causes of action arising from or related to Grantee's performance under the Agreement,including reasonable attorney's fees and settlement costs incurred in defending or settling any such claims. 10.8 Grantee Not Employee of Grantor. Grantee,its employees, contractors, and/or subcontractors shall not present themselves as or be construed as employees or agents of Grantor. Neither Grantee nor Its employees have an employer-employee relationship with Grantor. 10.9 Representations and Warranties of Grantee. Grantee represents and warrants that: it has the full right and authority to enter into the Agreement and to bestow on Grantor the rights and privileges set for in the Agreement;it has obtained all necessary approvals prior to execution of die Agreement;it is in good standing with the Texas Comptroller of Public ,1lccounts, and in all other jurisdictions in which it is required to be so qualified for performance of the Agreement;and it has paid all necessary fees, and it has obtained all necessary certifications,registrations, approvals and licenses necessary to perform the ,1 eement. 10.10 Applicable Law. The Agreement shall be governed by and construed in accordance with the laws of the State of rcxas. Exclusive venue shall lie in the District Courts of Travis County,Texas. 1,0.11 Dispute Resolution. "I'lleAgreement is subject to the dispute resolution procedures set forth in Chapter 2260 of the Texas Government Code. 10.12 Uniform Grant Management Standards. The Agreement shall comply in all respects with, the Uniform Grant Management Standards (UGNLIS),Texas Government Code, \V83.007, In 1[ Dupartmunt of,kgriculrutc Ira &Hwul Dc%ch VP al 4,fit 6ranrs llagc I I of 13 1u4c[IMLnt B Terms and(:ondaions the case of any conflicts between UGNIS and the Agreement, UGNIS shall control. 10.13 Texas Public Information Act. Grantee acknowledges that all information prolided by Grantee pursuant to the Agreement, including information and material referred to in the Agreement, attachments and/or any amendments thereto,is subject to the Texas Public Information Act, Texas Government Code, Chapter 552,and may be subject to disclosure to the public. 10.14 Headings. Captions and headings of the sections or paragraphs of the Agreement are for convenience and reference only and she not affect, modify or amplify the provisions of the Agreement, nor shall they bee Ioye to interpret or aid in the construction of the Agreement. 10.15 Severy bility. If any part of the Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion she be deemed severed from the Agreement and the remaining part she remain in full force and effect, and the parties shall promptly negotiate to replace invalid or unenforceable provisions that are essential parts of the Agreement. 10.16 Waiver. A waiver by Grantor of any provision hereunder shall not operate as a waiver of any other provision,or a continuing waiver of the same provision in the future. 10.17 Antitrust. Grantee represents and warrants that neither Grantee nor any firm, corporation, partnership, or institution represented by Grantee, or anyone acting for such firm, corporation or institution has (1) violated the antitrust laws of the State of Texas under Tex. Bus. & Com. Code, Chapter 15, or the federal antitrust laws; or(2) communicated directly or indirectly the Proposal to any competitor or any other person engaged in such line of business during the procurement process for this grant award. 10.18 Force Majeure. Neither Grantee nor Grantor she be liable to the other for any delav in, or failure of performance,of any requirement caused by force majeure. The existence of such causes of delay or failure she extend the period of performance until after the causes of delay or failure have been removed provided the non performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are bevond die reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which,by the exercise of all reasonable due gence, such party is unable to overcome. Each pam mustmiform the othermi writing, with proof of receipt,within three (.gyp business da%s of the existence of such force majeure, or otherwise%-,�aive this right as n defense. 10.19 Buy Texas. Grantee shall purchase products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the state. 10.20 Electronic and Information Resources Accessibility Standards,A,s Required by 1 IL-as DLparrrw,�fu of \gnoudirurc [radii-&Bu.incs-,Dcvk.r1q.jp!n,L:nt ('runrs PAgL 12 of 13 ktTaCIMILm B Tcrmsanid(- Nniduilons TAC Chapter 213. a. Effective September 1, 2006 state aRencies and institutions of higher education shall procure products which comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. b. If applicable,, Grantee shall provide DIR with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration ..–Buy Accessible Wizard] (http://-,v-,v%v.buy,.tccessible.gov). Vendors not listed with the ­Buy Accessible izardl or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the —Buy Accessible Wizardl or obtaining a copy, of the VPAT is located at http://%v-,v-%v.secdon508.gov/. 10.21 Confidential Information. If it is necessary for Grantee to include proprietary or otherwise confidential information in its Proposal or other submitted information,, Grantee must clearly label that proprietary or confidential information and identify the specific exception to disclosure M' the PIA. Merely making a.blanket claim the entire Propa:)Sal is protected from disclosure because it contains some proprietary information is not acceptable,and shall make the entire Proposal subject to release under the PIA. In order to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal th.,,a are considered by Grantee to be proprietary or confidential must be clearly labeled as described below.Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PLA. Subject to the Act, Grantee may protect trade and confidential information from public release. I WAL Bwmnc,� Duwdopum nT Grants 13 ir u if 113 Vt,-4dunuot B ­ I tans and Ckjradawm; TEX As DEPAR,rrvIENT OF AGRICULTURE ATTACHMENT C-.APPROVED BUDGET Name of Grantee. City of Corpus Christi, Parks and Recreation Dept.Senior Community Services Div As previousIv stated at AnachmentA,the Grant is based on the number of Eligible Meals served by Grantee.Eligible M 7 eals-are caiculated Lai subtracting the meals funded bv DADS/AAA from the total number of meals delivered as reported by Grantee stn count% berween September 1,2012 and.;kugust 31,2011 The Giant is calculated on the rem.unmg number of meal& For purposes of this Grant,anv meals That are nor, Eligible Meals are classified as Inelignble Meals. If an audit or review of the Grant reveals that Grantee has received Grant funds based on Inclipble Meals, Grantcevnit be required to repay Grantor the amount of the excess Grant funds received,on terrors sand conditions set by Grantor. J•AF-.0 -'--BFL-Clk—V.Mease estimate, to the hest of%,our abthtv how Texans Feeding Texas-Flonic Delivered Meal Grant Program fainds will be expended for your organization during die grant period. tnutp C ajF N Ue C'I' .A. lication.Number HDM-14-1210 .Total#A.feajq Delivered 4v d b Grantee) 141,353 d hV 'IS114A 103'869 J..q 37,484 Total#.Afeals Funded hv DADSIAAA(Incligible) 103,869 femminin-M&-l'ble Menis 37,484 C lated Ghtnt.Amount $62,142.632 F-sdm etc dAmaunt Personnel $ EqLupment ........................ ........................................................... Office S lies and Sera-ices Othen Please specify exactly S S d. .... S Total Grant Amount $62,142.632 Duning the grant year,Grantee must demonstrme diatIT)A gr.knr funds werc used to directly supplement or extend inusung meal services to homebound persons that are elderk -ind/or havea disability. By.signing., [certify th-at flic informat.ion entered on this form is trucand correct To the best of my knowledge, AurLorized Official Signature 1.11te: Nlorns,Dircct�o � ...........................I................... . .....................................................................................................................11.............. MA IMM-14-INO ("ear of Cmpes Chruri, Park;and Recreation Di:;-pr seldor Consmanav Sendcev Do, Trade&Business Developguent-Comas Offul-V 41(achasew C 8§0"ree Attachment D CERTIFICATIONS AND ASSURANCES This certification is a material representation of fact upon which the Texas Department of Agriculture(MA) relies in determining the award of this agreement. If it is later determined that the Grantee knowingly rendered an erroneous certification,TDA, in addition to any other remedies available to the state and Federal governments,may take appropriate action. Grantees must complete this form before they wilI receive state and/or federal funds. Recipients OF state and/or Federal funds must Ful1v understand and comply with these requirements, Failure to comply with -iin applicable assurances may result in the withholding of funds, tern anon of the award,or other sanctions. The Grantee hereby assures and certifies compliance with-,dI applicable federal and state statutes, regulations, policies,guidelines and requirements,including OMB Circulars No—A-21 (2 CFR Part 220),A-87 (2 CFR Part 225), A.110 (2 CFR Part 215),A-122(2 CFR Part 230),and A-133,as applicable;Executive Order 12372;and Uniform Agreement Management Standards (UGMS) that govern the application, acceptance and use of funds for this project.Also,by signature hereon, the Grantee assures and certifies that: 1. LEGM, AUTHORYI-Y -.1— It possesses legal authority to enter into the agreement, including all understandings and assurances contained therein, and the person identified as the official representative of the Grantee is duty authorized by the Grantee to act in connection with the agreement, to provide such additional information as mav be required, to sign and execute the agreement on behalf of the Grantee,and to validly and legally bind the Grantee to all of its terms,performances,and provisions. 2. CONTRAC-17,XGREENfENT AD-NITNIS'MATION -- It wifl maintain an appropriate agreement administration system to ensure that all terms, conditions and specifications of the agreement, including these standard-.is surances, are met. 3, B --Lr\TrVES It-,vifl comply Nvidi Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Grantee's governing body or of the Grantee's contractor shall vote or confirm the employment of any person related wid-iin the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer o r e mployee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed For a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 4 PUBLIC INFORNIATION — [t wifl ensure that a-11 information collected, assembled or maintained by the Grantee relative to as project assisted by this award will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 5, OPEN NIERTLNGS IF the Grantee is a governmental. entity, it will comply with Texas Government Code, Chapter 551, which requires all regular, special or called meetings OF governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. G. CHILD SUPPORT PAYMENTS --- Under Section 231,006, Texas Family Code, relating to child support obligations, the Grantee and any other individual or business entity named in this agreement, contract Or application is not ineligible to receive the specified agreement, loan,grant award or pa)ment and acknowledges that this agreement may be terminated and paymenc writhheld if this certification is inaccurate. Paae I of 4 Attachment D 7. SUSPECTEQ CHILD ABUSE — It will comply %vith the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Chad Protective and Regulatory Services. Grantee shall also ensure that all program personnel are properly trained and aware of this requirement. 8. NONDISCIUMINATION ­- It will comply with all State and Federal statutes relating to nondiscrimination,including the following: * The Civil Rights Act of 1964,asamended (42 U.S.C. 2000d et seed.) * Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) 4 The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 etseq.) # The Age Discrimination Act of 1975 (42 U3.C. 6101 aseq.) 9. DISPL-\CED PERSONS . ..... It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions (42 U.S.C. §§ 4601 - 4655) which provides for fair and equitable treatment of persons displaced as as result of federal and federally-assisted programs. 10. P01,11-ICAL 11 0 Bill IY It ,,.ill comply %vith provisions of federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection vvith an acuvirt financed in whole or in part by federal agreements. (5 U.S.C. CS 1.501 et seq.) 11. FAIR LABOR-�.ST—AN DAD MS ACT ­­ It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act ,"26 U.S.C. �§ 201 - 219) and the Intergovernmental Personnel Act of 1970,as applicable. 12. EPA VIOLATING FACILITIES It gill ensure that the facilities under its ownership, lease or supervision which shall be utifized in the accomplishment of the project are not fisted in the I.nvlronmcntal Protection Agency's (EPA's) Est of Violating Facilities, and that it%,611 notift,TDA of the receipt of any,communication from the Director of the EPA Of of Federal Activities indicating that facility to be used in the pro ect is under consideration for listing by the EPA. 11 FLOOD INSURANCE — It -,vi1l comply vith the flood insurance purchase re fit&emtints of Section 102(a) of the Flood Disaster Protection Act(42 U.S.C. § 4001). This section requires, on anclafter March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that had been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any for of loan, agreement, guaranty, insurance pray ent, reb ate, subsidv-1 disaster ,assistance ssistance loan or agreement, or any other for of direct or indirect Federal assistance. 14, LQNiSER%Wrl0N- — It%xill co ply with the Wild and Scenic Rivers Act of 1968 (16 U. S,C, \5 1271 el i-eq.) rel, ated to protecting components or potential components of the national Nvi1d and scenic river system. 15. HISTORIC PRE--SERYLLION — It will comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1974 (16 U.S.C, 469 et seq.) by(a) consulting with the Te-sas Historical Commission, as necessary, to identify properties listed in or elig ible for inclusion in the National Register of Historic 9 Places that are subject to adverse effects (see 36 CFTC Part 800-8) by the activity, and notifi-ing'IDA of the existence of any such properties, and by (b) complying with afl requirements established by the Texas Historical Commission or'[DA to avoid or mitignte adverse effects upon such properties. Page 2 of „ItuichmentD 16. LXNIINLAJ- WELFARE ® It will comply with the Laboratory Animal Welfare Act of 1966 (Public Law 89-544, as amended, 7 U.S.C. 2131 el jvq.) pertaining to the care, handling and treatment of warm blooded an”mals held for research, teaching,or other activities supported by this award. 17, L1V_1M_A_1N „SST E&TS __ It will comply with 45 CFR Part 46 regarding the protection of human _�L subjects involved in research, development and related activities supported by this award. I& 1=kKE- _ It will comply with all State and Federal tax laws and is solely responsible for filing all required State and Federal tax Forms. The Grantee also certifies that it is not delinquent in the payment of any franchise taxes owed the State of Texas. 19, ELIG FBILI TY. FINANCIAL PARnC1LATTQN °­"""""",1 Under Texas Government Code,Section 2155.004, no person who received compensation for participating in preparing the specifications or request for proposals on wtuch this agreement is based has any financial interest in this agreement. The Grantee certifies that the individual or business entity named in this agreement, contract or Application is not ineligible to receive the specified agreement, loan, grant award or payment and acknowledges that this agreement may be termin:aced and payment withheld if this certification is inaccurate. 20. f_,Q7%fPI.LkNCE- WrITH REOUIR "DE ENTS ® It will comply, and assure the compliance of® its sub grantees and contractors, with all applicable requirements imposed by federal and state laws, executive orders, regulations,policies, program requirements and other administrative requirements governing this program, 21. WOR 9 1,,�1-CE---Or-Q-11ME—U—NIES ­, It will adopt and implement applicable provisions of the model 1 TrV,/AfDS workplace guidelines of the Texas Department of Health, as required by the Texas health and Safety Code,Sec. 85.001 et frf"'�. 22. 7LICT OF IMIE.—REST " It will establish safeguards to prohibit employees from u,,,,;ing their positions for a purpose that is,or gives the appearance of being motivated by desire for private gain for themselves or others,particularly those with who they have family,business or other ties. 23. LDBBYING—No funds provided under this agreement has been or will be used to pay-,tny person for influencing, attempting to influence, or communicating with a member of the legislative or executive branches of state government (which includes a member-elect,a candidate for,an officer,an officer-elect, or an employee of the legislature or legislative committee or any state agency,department, or office in the executive branch),a Member of Congress, an officer or employee of Congress or a federal agency, or an employee of a Member of Congress in connection with any legislation, administrative action, the awarding or making of any state or federal contract, agreement, or loan, the entering into of any cooperative agreement, And the extension, renewal, amendment or modification of any state or federal contract, Agreement,loan or cooperative agreement. Also, the Grantee will require that the language of this certification be included in the Award documents for all sub-awards at all tiers and that all sub,.recipients shall certify actor dinglv. 24. —E]SM-CUTIVE HEA ......... Under Section 669.003,Texas Government Code, the Grantee certifies that no person who, in the last four vears, served as ,,in executive of TDA oranv other state Agency was involved with or has any interest in the grant application or proposM or this agreement. If die Grantee employs or has used the services of a former executive head of TDA or any od-icr state agency, then the Grantee will provide the following information to TDA: name of former executive', name of state agency; date of �eparation from the state agency,.position with the Grantee,and date of employment with the Grantee. 25. E�FLQINY—Sections 2155.006 and 2261,053,Texas Government Code, prohibit TDA from awardin17 a contract to any person who, in the past Five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Kquini,or Page 3 off ld Attachment D any other disaster occurring after September 24, 2005. The Grantee certifies that the individual or businm entity named in this agreement, contract or application is not ineligible to receive the specified agreement, loan, grant award or pa)"rrient ,Ind acknowledges that the agreement may be terminated and pay ment`withheld if d-:iis certification Is inaccurate. 26. DRUG-_FREFWORKPLACE — It -will maintain a drug-free work environment and compIy with applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, tide V, § 5155, Nov. 18, 1988, 102 S tat.4307) and 41 U.S.C. 8 101 el seq. 27 AUDIT—If the Grantee currently expends combined federal funding of$500,000 or more in a year, the Grantee will submit an annual sinileaudit b% in independent auditor made in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501­75071r -Ind revised OMB Circular A 133, "Audits of Stites,Local Governments,and Non-Profit Organizations." If the Grantee currently expends combined federal funding of less than $500,000 in a near, the Grantee is eye pt from the Single Audit Act and cannot charge audit costs to as 'IDA agreement. 'rhe Grantee understands,however, that TDA may require as limited scope audit as defined in ONEB Circular Al ­133. 28. D_FBARNi [ENIT— TDA is federally mandated to adhere to the directions provided in the President's Executive Order 13224, Executive 6rder on Terrorist Financing - Blocking Propem and prohibiting Transactions With Persons NN"ho Commit, Threaten to Commit, or Support Terronsm, effective 9/24/2001 and any subsequent changes made to it via crass-referencing respondents/vendors uith the I-ederal General Services Administration's Svstcm for A-%%ard Management (SA I),L1ttPi Z aLL-,,r% ov, _ which is inclusive of the United States Treasun"s Office of Foreign Assets Control (OFAC) Specially Designated National (SD N) list. 'llic Grantee certifies that the Grantee and its principals are eligible to participate in this agreement and have not been subjected to suspension, debarment,or similar ineligibility determined by any federal, state or local governmental entity and the Grantee is in compliance uith the State of Texas statutes and rules relating to procurement and that Grantee is not listed on the federal government's terrorism witch list is described in Executive Order 13224. Entities ineligible for federal procurement are listed at LIt &LEVNE al-Ell—M-r—ov. Signa re of Authonzed fficial D ate R1 I dv,&bh,,P-Pos Rrt��ar-J Printed Narne and Tide of Authonzed Official Page 4 of 4 �gUS C Gd 0 AGENDA MEMORANDUM wIna©�R�o First Reading for the City Council Meeting of April 8, 2014 xs Second Reading for the City Council Meeting of April 22, 2014 DATE: March 12, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Engineering Design Contract Old Robstown Road From State Highway 44 to Leopard Street CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $127,540.00 from Storm Water CIP Fund 3494, $66,320.80 from Wastewater CIP Fund 4510, and $61,219.20 from Water CIP Fund 4479 to the Bond 2014 Street Project Old Robstown Road from State Highway 44 to Leopard Street; increasing expenditures in the amount of $255,080.00; and authorizing the City Manager, or designee, to execute an engineering design contract with CH2M Hill Engineers, Inc., a Delaware Corporation with Branch office in Corpus Christi, Texas in the amount of $554,390.00 for Old Robstown Road from State Highway 44 to Leopard Street. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an engineering design contract with CH2M Hill, Inc. for Old Robstown Road from State Highway 44 to Leopard Street project so design work may begin and the project is ready for construction by the November 2014 proposed bond election. BACKGROUND AND FINDINGS: Project limits include Old Robstown Road from State Highway 44 to Leopard Street. These limits involve the existing right-of-way plus acquired parcels of right-of-way to facilitate the proposed improvements. The anticipated construction consists of reconstruction of the roadway, replacement of water lines, wastewater lines, storm water lines, curb, gutter, sidewalks, driveways, and ADA ramps. Recommended roadway cross-section will be determined during preliminary project design ALTERNATIVES: 1. Authorize execution the contract. 2. Do not authorize execution the contract. (Not Recommended) OTHER CONSIDERATIONS: CH2M Hill, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2013-01 Bond 2014 Street Projects, dated August 1, 2013. CH2M Hill, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CONFORMITY TO CITY POLICY: The Engineering Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utility Department Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $0.00 $554,390.00 $4,785,610.00 $5,340,000.00 Encumbered / Expended $0.00 $0.00 $0.00 $0.00 Amount This item $0.00 $554,390.00 $0.00 $554,390.00 Future Anticipated $0.00 $0.00 $4,802,520.00 $4,802,600.00 Expenditures BALANCE $0.00 $0.00 $16,990.00 $16,990.00 Fund(s): Street Bond 2014 and Utilities CIP. COMMENTS: On July 23, 2013, the City Council approved a Reimbursement Resolution to finance the street design costs for Council approved Bond 2014 Proposition One Street Projects up to a cap of $8 million dollars. The required utility design costs are being financed through utility capital improvement program reserves from completed projects. Although the design of these projects will be complete by the end of 2014, construction will precede only upon voter-approval in a November 2014 General Obligation Bond Election. RECOMMENDATION: City Staff recommends the approval of the engineering design contract with CH2M Hill, Inc. so design may be completed by the end of calendar year 2014. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $127,540.00 from Storm Water CIP Fund 3494, $66,320.80 from Wastewater CIP Fund 4510, and $61,219.20 from Water CIP Fund 4479 to the Bond 2014 Street Project Old Robstown Road from State Highway 44 to Leopard Street; increasing expenditures in the amount of $255,080.00; and authorizing the City Manager, or designee, to execute an engineering design contract with CH2M Hill Engineers, Inc., a Delaware Corporation with Branch office in Corpus Christi, Texas in the amount of $554,390.00 for Old Robstown Road from State Highway 44 to Leopard Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $127,540.00 in Storm Water Capital Improvement Program Reserves from Fund 3494, $66,320.80 in Wastewater Capital Improvement Program Reserves from Fund 4510, and $61,219.20 in Water Capital Improvement Program Reserves from Fund 4479 to the Bond 2014 project Old Robstown Road from State Highway 44 to Leopard Street. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $255,080.00. SECTION 3. The City Manager or designee is authorized to execute an engineering design contract with CH2M Hill Engineers, Inc., a Delaware Corporation with Branch office in Corpus Christi, Texas for the Old Robstown Road from State Highway 44 to Leopard Street in the amount of $554,390.00. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET ESTIMATE Old Robstown Road from State Highway 44 to Leopard Street E13098 PROJECT FUNDS AVAILABLE: Bond 2014 - Tax Notes ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . $ 299,310.00 Waterwater C I P ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 66,320.80 Storm Water CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 127,540.00 Water CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 61,219.20 • Future 2014 General Obligation Bonds ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 2,370,690.00 • Future Capital Improvements - Revenue Bonds (Utility) ... ... ... ... ... ... ... .. 2,414,920.00 TOTAL......................................................................................... 5,340,000.00 FUNDS REQUIRED: * Construction (preliminary estimate)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 3,786,545.45 Contingency (10%)... ... ... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 378,654.55 Design Fees: **Design Engineer - CH2M Hill Engineers (authorized services) ... ... ... ... .. 554,390.00 Construction Materials Testing (TBD)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 96,120.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... 80,100.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)... ... ... 373,800.00 Finance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 26,700.00 Misc. (Printing, Advertising, etc.)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 26,700.00 TOTAL......................................................................................... 5,323,010.00 ESTIMATED PROJECT BUDGET BALANCE...................................... $ 16,990.00 *Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation mair i'?......... Jr ri W d1m, /F TNIII, pal ......... 7 II ! v PROJECT LOCATION �� ���I ;� � �� �1� � ;;/e/ �% 'f�/%/� J, p 4 NXI" Al' A ow . ......... F,-,, Z ......... �" +,s}P � ;/1/%^�„ i i �/ r o, J a„,, P//3'I ;r,JU y,rw N k;f�l r R 0� Jr�// "��[/„, io' LOCATION MAP- NOT TO SCALE PROJECT#E13098 CITY COUNCIL EXHIBIT OLD ROBSTOWN ROAD CITY OF CORPUS CHRISTI, TEXAS S TA TE HIGHWAY 44 TO LEOPARD BLVD. DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Executive Director of Public Works) and CH2M Hill Engineers, Inc., a Delaware Corporation, 555 N. Carancahua, Suite 310, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Old Robstown Road from State Highway 44 to Leopard Street (Project No. E13098) BOND 2014 — Project limits include Old Robstown Road from State Highway 44 to Leopard Street. These limits involve the existing right-of-way plus acquired parcels of right-of-way to facilitate the proposed improvements. The anticipated construction consists of reconstruction of the roadway, replacement of water lines, wastewater lines, storm water lines, curb and gutter, sidewalks and ADA ramps. Recommended roadway cross-section will be determined during preliminary project design. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Executive Director of Public Works. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Executive Director of Public Works. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Executive Director of Public Works. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Executive Director of Public Works. The Executive Director of Public Works may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Engineering(A/E)Services Pagel of 3 K:\ENGINEERING DATAEXCHANGE\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\CONTRACT PROFESSIONAL SERVICES.DOC 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements asset forth in Exhibit «B„ 5. FEE The City will pay the A/E a fee, as described in Exhibit"A", for providing services authorized, a total fee not to exceed $554,390.00, (Five Hundred Fifty Four Thousand Three Hundred Ninety Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents(plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Executive Director of Public Works. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. Contract for Engineering(A/E)Services Page 2 of 3 K:\ENGINEERING DATAEXCHANGE\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\CONTRACT PROFESSIONAL SERVICES.DOC 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI CH2M HILL ENGINEERS, INC. Natasha Fudge, P. E., Date Sidney A. Faas, P. E., Date Acting Director of Capital Programs Vice President 555 N. Carancahua, Suite 310 Corpus Christi, TX 78401 (361) 888-8100 Office RECOMMENDED (361) 888-8600 Fax Valerie Gray, P. E., Date Director of Street Services APPROVED Office of Management Date and Budget ATTEST City Secretary Department Fund Source No. Amount Street 2013 TN 550950-3550-00000-E13098 $299,310.00 Wastewater Capital Reserves 550950-4510-00000-E13098 66,320.80 Storm Water 2012 Rev Bonds 550950-3494-00000-E13098 127,540.00 Water 2010 Rev Bonds 550950-4479-00000-E13098 61,219.20 Total $554,390.00 Encumbrance Contract for Engineering(A/E)Services Page 3 of 3 K:\ENGINEERING DATAEXCHANGE\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\CONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Old Robstown Road (State Highway 44 to Leopard Street) Project Number: E13098 Bond Issue 2014 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Prepare Consultant contract award recommendation PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. C) Prepare geotechnical investigation findings (see additional services). d) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section recommendations. Prepare conceptual life- cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. g) Identify potential right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct preliminary hydraulic analysis to quantify the storm sewer design of existing and proposed systems. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities that must be relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. M) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. P) Prepare an Engineering Letter Report(20—25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of EXHIBIT"A" Page 1 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Provide anticipated index of drawings and specifications. 6. Provide a summary table of potential ROW parcels 7. Provide list of potentially contaminated soil sites based on TCEQ's Leaking Petroleum Storage Tank (LPST) database. q) Submit one(1) copy in an approved electronic format, and one(1) paper copy of the Draft Engineering Letter Report. r) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. S) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. t) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee JAC). Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans (as available from City Engineering files). d) Field location of existing city utilities (A/E to coordinate with City Operating Departments). e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. EXHIBIT"A" Page 2 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities that must be relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Develop drainage area boundary map for existing and proposed drainage areas served. Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. d) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. e) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets,warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. 3. Include summary output tables from the Hydrologic and Hydraulic analyses. f) Furnish one(1) set of the interim plans (60%submittal-electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist& drawing checklist"which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. The computer model used to assess drainage shall also be submitted. 2. Attend 60%submittal meeting with City Staff to assist staff in review of 60% submittal. g) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and begin final plans and bid documents upon Notice to Proceed. }� Provide nne (1) cot of the pre final plans and hid! r n-a-urnents (990.4 si ihmittal a le-rutrnnin an`J haFd nnpY ii n Gity Ctanrlarrlr_s r�n ) to the Gity staff fe revie�.y and approval pi irpnses with revise`) estimates of prnhahle r--p-rotro. Inn,OR- � plan eXeG 1ti�io mmani prnieGt nheGLlist and plan nh�Llist�.yith the si ihmittal prurr cmv� mm�rvJ r-vrT rcrr urra-prarrvrr rcrr i1 HGIGI ...A.-IteS to wnrkiRg days of the FneetiRg. Assimilate all review TT rnmmentc 0 c and innnrnnrete env rent 1irement into the plans enr! cnenifinetinnc and 0 ad se Git�erPnn`Jinn and nnn_rerPnn`Jinn partinipant -appropriate. Benin final plans and spenifinatinns i ipnn Alntine to Drnneer! j) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy using City Standards as applicable) for City's final review. EXHIBIT"A" Page 3 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc k) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate. Begin bid plans and specifications upon Notice to Proceed. 1) Provide one (1) set of the bid plans and contract documents (electronic and full- size hard copy using City Standards as applicable)suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City)will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. M) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards. n) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit"A-2" for required form. o) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy of the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacting the project. C) Assist the City in solicitation of bids by identification of prospective bidders. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services'approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. EXHIBIT"A" Page 4 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc g) Prepare Agenda Memoranda and Contractor bid award recommendation PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform construction administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor, and authorize required changes that do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. 1. The presence or duties of Engineer's personnel at a construction site, whether as onsite representatives or otherwise, do not make Engineer or Engineer's personnel in any way responsible for those duties that belong to Owner and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. 2. Engineer and Engineer's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and are not contractually obligated under this Agreement to inspect a city construction contractor, its subcontractors, or the personnel of any or either of them, for health and safety concerns. 3. The presence of Engineer's personnel at a construction site is for the Engineer to provide the Owner with review and input regarding whether the completed construction work will conform generally to the construction documents and whether the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the EXHIBIT"A" Page 5 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc construction contractor(s). Engineer neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. f) Provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction"red-line"drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project.All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. C) Provide Consultant the construction "red-line" drawings. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a I Ininn Danifin Railroad, i i NAiccnri Danifin Railroad, or aRy Other railread eperatinn in +h�a h Tvfl(lT utility anr! onvirnnmon+aI permits, multiple use anroomen+c A. � \/\/o+I�nrlc rlolino�+inn �n`J Dormi+ d. Temporary DirGharge Permit e. TPDES Permit/Amendments (including SSC, NOI NOT)Consultantwill prepare NOI for signature by City's responsible party. f. Tov;;c m of Cn\nrnnmon+ l Quality(T-GF=Q) Dorits/AmR_Admon+c a Ali ionoc Q_G11Rty h Tov;; I-1 c ic+nrin;;l CAmmiccinn (THIC) n. i I I C Cich ;;Pd \A/ildUp CorVino /I ICC\A/C\ EXHIBIT"A" Page 6 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc j. U.S.S AFFn y r`eFps Of F=RgiReeFG (1 ICAG-E U. I Ini4or! States Cnv _ irnnmon41 Drn4on4iGR AgeRGY (1 SEPA) n I. Texas Department of Licensing and Regulation (TDLR ) 4;4- To.._C (lff.Ge (T-G O) -R-. (l4hor�nonnv PFGjen4_cpeGifin PeFFnit 2. Right-of-Way (ROW) Identification Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the Engineer's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. EXHIBIT"A" Page 7 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc 4. ROW Acquisition and Parcel Maps. (TO BE DETERMINED) All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. b) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. C) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at"not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. d) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 5. Environmental Issues. To Be Determined. 6. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City (may require a contract amendment if revisions required after the project construction meeting). Prepare notices, handouts and exhibits for public information meetings. 7. Subsurface Utility Investigation. (AUTHORIZATION REQUIRED) a) Provide subsurface utility engineering in accordance with ASCE Standard"ASCE C- I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data"including, but not limited to, hydro-excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating EXHIBIT"A" Page 8 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc this information with existing utility records.) These utilities will be located by obtaining a One-Call Notice and measuring the marked locations. iii) Storm Water—Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater—Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas—Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction-related excavation of the potential for encountering their utility lines during construction. C) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occurthat could affect total Project cost and/or execution. These conditions and cost/execution effects are not the responsibility of Engineer. 8. Closed Circuit Television (CCTV) Inspection —Waste Water. (To Be Determined) 9. Structural and H&H Analysis of Existing Storm Water Concrete Box. (To Be Determined) a) A/E will analyze cost savings and constructability of a parallel, supplemental storm line as an alternative to replacing existing storm system in its entirety. b) Forensic testing of existing 8.25'x7.5' box culvert to determine structural integrity of the box. C) Clean and televise existing storm water lines.Actual length will be determined by the engineer and authorized by the City. 10. Construction Observation Services. To Be Determined 11. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvements under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 12. Geotechnical Investigation. a) Obtain pavement cores and sample, identify and measure the pavement constituents at twenty locations. In addition to the pavement cores, borings will be performed at ten core locations. Perform five borings to termination depths of 25-feet and five EXHIBIT"A" Page 9 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc borings to termination depths of 5-feet within the roadway(Total Number of Borings: 10; Total Linear Feet of Drilling: 150 LF). b) A geotechnical engineering report will be prepared that includes a description of the field exploration and laboratory tests, boring logs, a discussion of the engineering properties of the subsurface materials encountered, trench excavation design parameters, OSHA soil type classification, utility trench recommendations and pavement recommendations for the proposed project Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List, which provides supplemental description to Exhibit"A". Note: The Exhibit"A-1"Task List does not supersede Exhibit"A". II. SCHEDULE The contract schedule is based upon the anticipated Notice to Proceed (NTP). All schedule dates will be adjusted based on the actual NTP; each task will be adjusted by the number of days differential between the anticipated and actual NTP. Date Activity City provided Traffic Monday, January 27, 2014 assessment Friday, April 18, 2014 NTP Friday, June 6, 2014 Draft ELR Submittal Wednesday, June 25, 2014 City Draft ELR Review Meeting Wednesday, July 9, 2014 Final ELR Submittal 60% Design Submittal Wednesday, October 8, 2014 Meeting Wednesday, October 29, 2014 City 60% Review Meeting 90% Design Subn#ttaA 99 Revi&A4 NAoLzt_ n Wednesday, March 4, 2015 100% Final Submittal Wednesday, March 25, 2015 City 100% Review Meeting Friday, April 24, 2015 Bid Set Submittal Monday, May 4, 2015 Advertise for Bids Wednesday, May 13, 2015 Pre-Bid Conference Wednesday, May 20, 2015 Receive Bids Tuesday, June 23, 2015 Contract Award July, 2015 Begin Construction December, 2016 Complete Construction October, 2017 Warranty Phase Report EXHIBIT"A" Page 10 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services,"the City will pay the A/E a not-to-exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $ 89,990.00 2. Design Phase $ 272,515.00 3. Bid Phase $ 12,630.00 4. Construction Administration Phase $ 25,355.00 Subtotal Basic Services Fees $ 400,490.00 Additional Services Fees (Allowance) 1. Permit Preparation $ 3,910.00 2. ROW Identification Survey $ 23,482.00 3. Topographic Survey $ 44,748.00 4. ROW Acquisition and Parcel Maps To Be Determined 5. Environmental Issues To Be Determined 6. Public Involvement $ 8,620.00 7. Subsurface Utility Investigation (Authorization Required) $ 29,220.00 8. Closed Circuit Television (CCTV) Inspection —Waste Water To Be Determined 9. Structural and H&H Analysis of Existing Storm Water To Be Determined Concrete Box 10. Construction Observation Services To Be Determined 11. Warranty Phase $ 3,600.00 12. Geotechnical Investigation $ 40,320.00 Sub-Total Additional Services Fees $ 153,900.00 Total Fee (Basic +Additional Services) $ 554,390.00 EXHIBIT"A" Page 11 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc Original Contract Street Wastewater Storm Water Water Total Basic Services Fees 1 Preliminary Phase $44,995.00 $11,698.70 $22,497.50 $10,798.80 89,990.00 2 Design Phase 136,257.50 35,426.95 68,128.75 32,701.80 272,515.00 3 Bid Phase 6,315.00 1,641.90 3,157.50 1,515.60 12,630.00 4 Construction Administration Phase 12,677.50 3,296.15 6,338.75 3,042.60 25,355.00 Subtotal Basic Services Fees 200,245.00 52,063.70 100,122.50 48,058.80 400,490.00 Additional Services Fees (Allowance) 1 Pemit Preparation 3,910.00 0.00 0.00 0.00 3,910.00 2 ROW Identificaion Survey 11,741.00 3,052.66 5,870.50 2,817.84 23,482.00 3 Topographic Survey 22,374.00 5,817.24 11,187.00 5,369.76 44,748.00 4 ROW Acquistion and Pacel Maps 0.00 0.00 0.00 0.00 TBD 5 En\ironmentalIssues 0.00 0.00 0.00 0.00 TBD 6 Public Involvement 4,310.00 1,120.60 2,155.00 1,034.40 8,620.00 7 Subsurface Utility Investigation 14,610.00 3,798.60 7,305.00 3,506.40 29,220.00 (Authorization Required) 8 Closed Circuit Television (CCTV) 0.00 TBD 0.00 0.00 TBD Inspection -Wastewater Structural and H&H Analysis of 9 Existing Storm Water Concrete 0.00 0.00 TBD 0.00 TBD Box 10 lConstruction Observation Services 0.00 0.00 0.00 0.00 TBD 11 Warrant Phase 1,800.00 468.00 900.00 432.00 3,600.00 12 lGeotechnical Investigation 40,320.00 0.00 0.00 0.00 40,320.00 Subtotal Additional Services Fees 99,065.00 14,257.10 27,417.50 13,160.40 153,900.00 Total Authorized Fee 299,310.00 66,320.80 127,540.00 61,219.20 554,390.00 EXHIBIT"A" Page 12 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc EXHIBIT "A-1" TASK LIST CITY OF CORPUS CHRISTI, TEXAS Bond Issue 2014 Old Robstown Road (State Highway 44 to Leopard Street) (Project Number: E13098) I. SCOPE OF SERVICES Project Limits Project limits include Old Robstown Road between the north right-of-way of the Tex-Mex Railroad (excludes the Tex-Mex Railroad and SH 44 right-of-way) and the south right-of-way of Leopard Street (excludes Leopard Street right-of-way). The main portion of the project is approximately 4,600 linear feet in length and will exclude the approximately 850 linear feet of parallel, residential access road. Surface improvements include reconstruction of collector roadway consisting of one travel lane in each direction, as well as ADA compliant sidewalks. Utility improvements include rehabilitation or construction of new water, wastewater, and storm water system lines and appurtenances. Improvements do not include proposed Storm Water Master Plan improvements or traffic signalization. A. BASIC SERVICES 1. Preliminary Phase a) Presentations and Meetings (1) Prepare Consultant contract award PowerPoint presentation in City format for City Council Meeting, and attend City Council Meeting. (2) Hold Project Kick-off Meeting (3) Hold Project review meeting with City Staff and receive City comments on the Draft Engineering Letter Report (ELR) (4) Present summary of ELR findings to Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee JAC). Prepare PowerPoint presentation, handouts, and exhibits. Provide follow-up and response to comments. b) Deliverables (1) Draft Engineering Letter Report to include (a) Basis of Engineering Design (b) Geotechnical Testing Report EXHIBIT"A-1" Page 1 of 9 (c) Analysis of Existing City Traffic Count Information/Recommendation for Additional Needs (i) City to provide traffic data needed to assess capacity improvements (d) Cross Section Recommendations (e) Life Cycle Cost Estimate Using FHWA Real Cost Program (f) Right-of-Way Requirements (g) Preliminary Layout and Alignment (h) Existing/Proposed Utilities —Coordination with operating departments and private utilities (i) Coordinate with AEP and City Traffic Engineering for street lighting and traffic signalization power requirements. (i) Identify requirements of governmental authorities having jurisdiction to approve design of the Project Q) Coordination with Agencies (RTA, CDBG, USPS, CCISD, community groups, TLDR) (k) Drainage Areas and Preliminary Hydraulic Analysis (1) Conformance to Master Plans (m)Identification of needed additional services (n) Identification of needed permits and environmental consideration (i) Research potentially contaminated soil sites based on the TCEQ database of Leaking Petroleum Storage Tanks. (o) Recommended Public Outreach and Community Stakeholder Requirements (p) Identification of Quality/Quantity of Materials of Construction (q) Construction Sequencing (r) Site Photos (s) Anticipated Index of Drawings and Specifications (t) Preliminary Opinion of Probable Construction Costs (2) Final Engineering Letter Report to incorporate review comments from City review meeting EXHIBIT"A-1" Page 2 of 9 2. Design Phase a) Coordinate with City Operating Departments, Private Utilities, and Agencies b) Hold Review Meetings (60% Submittal AND Review, and 100% Review). Prepare meeting agenda and meeting minutes. c) Deliverables (1) 60% Submittal (a) Plans —Anticipated sheets include the following (i) Cover Sheet (1 Sheet) (ii) General Notes and Abbreviations (1 Sheet) (iii) Estimated Quantities (2 Sheets) (iv) Overall Layout and Project Control (2 Sheets) (v) Construction Sequencing and Testing Schedule (1 Sheet) (vi) Demolition Plans (5 Sheets) (vii) Existing Typical Sections (1 Sheet) (viii) Proposed Typical Sections (1 Sheet) (ix) Plan and Profile—Street and Storm (8 Sheets) (x) Overall Drainage Area Map (1 Sheet) (xi) Storm Drain Analysis (2 Sheets) (xii) Miscellaneous Details (2 Sheets) (xiii) City Standard Details (5 Sheets) (xiv) Curb Ramp Details (5 Sheets) (xv) Curb Ramp Layouts (5 Sheets) (xvi) Plan and Profile —Water and Wastewater (10 Sheets) (xvii) City Standard Details (10 Sheets) (xviii) Permanent Pavement Marking Plans (5 Sheets) (xix) TxDOT Standard Drawings (12 Sheets) (xx) Construction Phasing Layout and General Notes (1 Sheet) (xxi) Traffic Control (5 Sheets) EXHIBIT"A-1" Page 3 of 9 (xxii) TxDOT Standard Drawings (14 Sheets) (xxiii) SWPPP Notes (1 Sheet) (xxiv) Curb Inlet Protection (1 Sheet) (xxv) SWPP Plan Sheets (5 Sheets) (b) Plan Executive Summary, Project Checklist, Drawing Checklist (c) Engineer's Opinion of Probable Cost (d) Summary Output from Hydraulic and Hydrologic Analyses (2) 100% Submittal (a) Plans (b) Bid Documents (c) Engineer's Opinion of Probable Cost (3) Bid Set Submittal (a) Plans (b) Bid Documents (c) Engineer's Opinion of Probable Cost d) Quality Assurance/Quality Control e) Monthly Status Reports EXHIBIT"A-1" Page 4 of 9 3. Bid Phase a) Pre-Bid (1) Prepare draft Authorization to Advertise (ATA) (2) Attend pre-bid conference (3) Review pre-bid questions and prepare addenda b) Bid Tabulation and Recommendation (1) Attend bid opening (2) Analyze and evaluate bids, prepare bid tabulation, and make recommendation concerning award of the contract. (3) Prepare Contractor bid award recommendation PowerPoint presentation in City format for City Council Meeting 4. Construction Administration Phase a) Pre-Construction (1) Provide a recommended agenda for, and attend pre-construction meeting (2) Review contractor submittals for conformance to contract documents (3) Review, evaluate and recommend for City consideration a Contractor Value Engineering proposal. b) Construction (1) Review and interpret field and laboratory tests (2) Provide interpretations and clarifications of the contract documents for contractor and authorized changes that do not affect contractor's price and are not contrary to the general interest of the City (3) Make regular visits (1 hour per week for 77 weeks) to project site to confer with City project inspector. c) Post-Construction (1) Attend final inspection with City staff (2) Provide punch list items to City's construction engineers (3) Provide Certificate of Completion (4) Prepare Project record drawings in AutoCAD dwg format EXHIBIT"A-1" Page 5 of 9 B. ADDITIONAL SERVICES (ALLOWANCE) 1. Permit Preparation a) TPDES Permit (1) Prepare Notice of Intent for City submittal (a) City to pay Application Fee b) TDLR (1) Register project with TDLR and pay registration fee (2) Provide copy of contract documents to TDLR and pay plan review fee (3) Prepare request for inspection on behalf of City (a) City to coordinate and pay for RAS inspector directly 2. Right-Of-Way (ROW) Identification Survey a) Perform plat map, deed, and easement document research of Subdivisions adjacent to the Old Robstown road right-of-way. b) Prepare working sketch of record information of the corner locations for use in locating boundary evidence. c) Recover and measure existing boundary evidence, i.e., fence corners, monuments and iron pins sufficient to determine the location of the existing right- of-way. d) Prepare a preliminary base map containing the apparent right-of-way, showing the lot lines, land ownership, and site addresses per appraisal district records. 3. Topographic Survey a) Survey (1) Establish primary horizontal and vertical control for the basis of survey and secondary control outside the limits of project construction disturbance. (2) Control will conform to the City 's Global Positioning System control network State Plane Coordinate System (NAD 83), Texas South Zone, US Survey feet in grid, the North American Vertical Datum of 1988 (NAVD 88) and will be established using conventional methods. (3) Provide detailed surface feature surveys within the project limits and 50 feet beyond the right-of-way of Old Robstown Road on cross streets. (4) Required survey data will include x, y, z points at all existing ramps, sidewalks and above ground appurtenances such as existing curb and gutter, EXHIBIT"A-1" Page 6 of 9 power poles, traffic signal foundations, traffic signal controller boxes, electric junction boxes, utility valves, manholes, fences, fire hydrants, curb inlets, signs, trees, etc. which may affect the design and proposed construction. (5) Driveway and approach walk elevations will be surveyed beyond the right-of- way line in non-fenced areas a minimum of 25 feet inside the property. (6) Locate 10 total proposed soil boring locations to be determined by the engineer. (7) Surveys to include signs, fences, and other planimetric features at and near the vicinity of the ROW line. (8) Points shall be adjusted as needed to reflect the center and diameter of utility poles, sign poles, etc. (9) Square and rectangular features shall be located at each corner. (10) Point descriptions shall be adequate to identify the item being located. (11) All obstacles shall be tied in with as many points as needed to determine precise placement. (12) Invert depths of storm drain inlets, storm water manholes, wastewater manholes and top elevations of water valves. (13) Survey data will include breaks in grade, driveway edges and centerline elevations, edge of asphalt, flowline of curb, top of curb, edges of existing walk, ground at right of way, ground elevations 25 feet inside the adjacent property at approximately 50 foot intervals. b) Drawing Preparation (1) Process the survey data to generate line work and symbology. (2) Add annotations of invert data, surface utility evidence and other surface feature annotation. (3) Prepare a digital terrain model and include contour data at an interval of one- foot. 4. ROW Acquisition and Parcel Maps (TBD) 5. Environmental Issues (TBD) 6. Public Involvement a) Attend one public meeting after submittal of Final Engineering Letter Report. (1) Prepare notices, PowerPoint presentations, handouts, and exhibits. EXHIBIT"A-1" Page 7 of 9 (2) Provide follow-up and response to citizen comments. (3) Revise contract drawings to address citizen comments, as directed by the City. b) Attend one public meeting prior to start of project construction (1) Prepare notices, PowerPoint presentations, handouts, and exhibits. (2) Provide follow-up and response to citizen comments. (3) Revisions to the contract drawings to address citizen comments, as directed by the City's preference (not design errors), will be addressed through a contract amendment. 7. Subsurface Utility Investigation a) Provide an estimated forty-five (10) spot locations for elevations of possible conflicts with existing utilities (no more than 10 feet of depth per test hole). (1) Actual number of locations will be determined by the engineer and authorized by the City. 8. Closed Circuit Television (CCTV) Investigation -Waste Water (TBD) 9. Structural and H&H Analysis of Existing Storm Water Concrete Box (TBD) 10. Construction Observation Services (TBD) 11. Warranty Phase a) Conduct inspection of project toward the end of one-year period after acceptance of the project. b) Document defects of project and prepare report for City staff. (1) Submit report no later than 60 days prior to end of maintenance guaranty period. 12. Geotechnical Investigation a) Obtain pavement cores and sample, identify and measure the pavement constituents at twenty locations. In addition to the pavement cores, borings will be performed at ten core locations. Perform five borings to termination depths of 25-feet and five borings to termination depths of 5-feet within the roadway (Total Number of Borings: 10; Total Linear Feet of Drilling: 150 LF). b) A geotechnical engineering report will be prepared that includes a description of the field exploration and laboratory tests, boring logs, a discussion of the engineering properties of the subsurface materials encountered, trench EXHIBIT"A-1" Page 8 of 9 excavation design parameters, OSHA soil type classification, utility trench recommendations and pavement recommendations for the proposed project (1) Evaluate the subsurface soils within the limits of the proposed roadway rehabilitation project by obtaining information on the in-situ soils and groundwater conditions and to provide flexible and rigid pavement sections suitable for 20 and 30-year pavement designs. (2) Provide recommendations on the suitability of recycling the existing asphalt roadway to be re-used as base material for either a flexible or rigid pavement section. If the material is suitable, provide recommendations suitable for 20 and 30-year pavement designs. If milling and reclaiming the existing pavement constituents is not suitable, also provide this recommendation in the final report. (3) Provide recommendations for the use of either reinforced concrete or non- reinforced concrete pavement and the suitability for each option. (4) Provide soil parameters, trench excavation design parameters, OSHA soil type classification and recommendations needed by the contractor/engineer to design braced excavations for installation of underground utilities. In addition, prospective contractors will utilize the information provided in this report during the bidding process. EXHIBIT"A-1" Page 9 of 9 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury & Property Damage non-renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim / $2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,000/500,000/500,000 EXHIBIT Pagel of 3 KAEngineering Data Exchange\JENNIFER\FORMS\Exhibit B for Large-Insurance&Indemnification.docx 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: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; 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. EXHIBIT Page 2 of 3 KAEngineering Data Exchange\JENNIFER\FORMS\Exhibit B for Large-Insurance&Indemnification.docx H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT Page 3 of 3 KAEngineering Data Exchange\JENNIFER\FORMS\Exhibit B for Large-Insurance&Indemnification.docx M T N l o, V E v 000g gQQmmm u� � � � � � � m � o � oou� oo � � oo � mppppo coo W) � � OOOh tQAO ° ppp � tiNN a C W 0 0 N W N it N N G m O G N N M e- M W . !. g N � ZZ ® O N O N H N m dim ; 13 � V- " � ttC11 A � 0. � pp OO po p O Q O O Ol N O p m p m O N N N O m m �- c� Z V C ; QOp- cc 8§ 0 N N N N 1,:�l m C O V N V �p () N U. c E �+ _ A. u. y a m a w � z o � N c � � m o ff 2- t y o w E a� a � I m E 0214 o!f m a mc3w c is* ocow cc co EXHIBIT a`.„ ft o1 of clotSUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Carpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: CH2M Hill Engineers,Inc. P. O.BOX: N/A STREET ADDRESS. 555 N. Carancahua, Suite 310 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) 2. State the names of each "official'of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest"constituting 3%or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS 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: Sidney A.Faas,P.E. Title: Vice President (Type or Print) 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 Chri sti, 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. 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Fr/aWfNmv N 'Vy ,lO� �O / r CV go-ry nl r0✓H'n,,� N u' !r N r ii i ' ('% , liifiJ'f/�(¢IfJ , r f 0 = u W V D O Z co O a, 2 (D W N ° m .> tt a� N aD aD cn Q cu�, co Q 0O W L 0 cn C x L Q � O to E L U -0 Q � -- =3 m U 0 X2 4-0 U � O C '5 U U c Co 06 C;)=a o �L O O o co o W E n i cc u r f f L M d 0 0 0 0 0 0 0 0 LO LO O 0 0 0 O O W O N O O O It LO O 0 0 0 O 0 6 0 6 6 6 0 L6 It' O O O O O � N It � O N O It LO O N O r, O M M LO N O O O LO CD CO � CO O O O Cfl ti 6 -i O Cfl CO- 't Cfl ti M Cfl co O O N O ti � 4e oo ti LO O O N N C7 It M ti C7 LO LO M C: N N & C7 & i 6F} 6F} O V N C: Q cn w > C/) U � .C: = a c N i O O � N ^ . m : O 0 — CU Q L W ~ O O (D CU o C = N U O j U CO o W — ^ � O p cn E (D o 2 ) N O — N W N .� z a � � 0 _ � � a � � LL Z (.? U Q CY c ;, �; U � o p 0 � cu a 3 c aoi o w N m U Q N W I > U J N � C � J i N >E N Q C +r O N � O o cn L c c H Z o c cn c c E H c>� o c>� LL LL O U o (D w o a (n > U) H LL C) U C H W u ; �vs c 0 AGENDA MEMORANDUM wIORPOKR o First Reading for the City Council Meeting of April 8, 2014 1852 Second Reading for the City Council Meeting of April 15, 2014 DATE: April 2, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities gustavogo@cctexas.com (361) 826-1874 FROM: Daniel Biles, P.E., Executive Director, Public Works danb @cctexas.com (361) 826-3729 Fred Segundo, Director, Aviation freds @cctexas.com (361) 289-0171 Construction Contract Runway 13-31 Extension / Displacement and Connecting Taxiway CAPTION: Ordinance appropriating $23,277,531 from the Federal Aviation Administration Grant No. 3-48-0051-050- 2013 in the No. 3020 Airport Capital Improvement Fund for the following projects: 13/31 Runway Extension Displacement and Connecting Taxiway, 1,000 ft Extension Displacement and Connection of Taxiways, Expansion of the North GA Apron, Reconstruction of the East GA Apron, Reconstruction of the Air Carrier Taxilane, Extension of Taxiway F, and Runway 18-36, NAVIDS' Site Work and Installation of Gate 1013; changing the FY 2013-2014 Capital Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $23,277,531; and authorizing the City Manager or designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $34,766,637.10 for the 13/31 Runway Extension Displacement and Connecting Taxiway Project for the Base Bid plus Additive Alternates 1 —8. PURPOSE: The purpose of this Agenda Item is to execute construction contract with Bay, Ltd. of Corpus Christi, Texas for the Runway 13-31 Extension / Displacement and Connecting Taxiway project. BACKGROUND AND FINDINGS: This project is located at the Corpus Christi International Airport and addresses safety issues resulting from potential runway incursion incidents. A Taxiway Utilization and Redevelopment Plan recommended the proposed airfield reconfiguration projects for Runway 17-35 and Runway 13-31 to improve the safety of the airfield movement areas where the majority of runway incursions have occurred (the south end of the airfield where Runways 13-31 and 17-35 are coupled). This project is comprised of extending Runway 13 and Taxiway Bravo by 1,000 feet to the north and displacing the threshold of Runway 31 by 1,000 feet to the north. Included in the project is the construction of one new connecting taxiway connecting the new Runway 13 threshold to parallel Taxiway Bravo, reconstruction and reconfiguration of Taxiway 131 Taxiway B5, the construction of a run-up area on the north end of Taxiway Bravo, and blast pad. All paving will be bituminous, matching the existing runway and taxiway paving on the airport. This work will include extensive grading and drainage improvements. As a result of the runway threshold relocations, additional lighting and signage will be installed and all navigation aids will be appropriately relocated. Access drives to the relocated navigation aids will also be constructed. The Distance-To-Go signs will also be replaced. A new Medium Intensity Approach Lighting System with Runway Alignment Lights (MALSR) will be installed to serve the approach end of Runway 13. All taxiway lighting and signage serving Runway 13-31 will be converted to LED. Lastly, Runway 13-31 and all bituminous pavements constructed within this project will be seal coated and marked including the enhanced taxiway centerline markings and hold positions lines and signs. Additive Alternate No. 1 is comprised of the construction of two new connecting taxiways, Taxiways B2 and B3, connecting Runway 13-31 to Taxiway Bravo. This work will include the removal of two existing connecting taxiways and extensive grading and drainage improvements of the infield area serving Runway 13-31. As a result of the new locations of these connecting taxiways, new LED lighting and signage will be installed. All new connecting taxiway paving will be seal coated and marked including the enhanced taxiway centerline markings and hold positions lines and signs. Additive Alternate No. 2 is comprised of the construction of two new connecting taxiways, Taxiways H and J, connecting Taxiway Bravo to the Terminal Parking Area. This work will include the removal of two existing connecting taxiways and extensive grading and drainage improvements of the infield areas serving the Terminal Parking Area. As a result of the new connecting taxiway locations, new LED lighting and signage will be installed. All new connecting taxiway paving will seal coated and marked. Additive Alternate No. 3 is comprised of the construction of two new connecting taxiways, Taxiways H and J, connecting Taxiway Bravo to the Terminal Parking Area. This work will include the removal of two existing connecting taxiways and extensive grading and drainage improvements of the infield areas serving the Terminal Parking Area. As a result of the new connecting taxiway locations, new LED lighting and signage will be installed. All new connecting taxiway paving will seal coated and marked. Additive Alternate No. 4 is comprised of the reconstruction of the East General Aviation Apron Phase II from bituminous paving to Portland Cement Concrete paving. The existing bituminous paving section of the entire apron will be removed to the bottom of the existing base and replaced with a new PCC paving section. Additive Alternate No. 5 is comprised of the relocation of an existing 48 inch diameter water line currently located under the proposed Runway 13 extension. Included in the work will be excavation for the proposed water line, removal of portions of the existing water line under proposed pavement areas, encasement of the proposed water line under proposed/future pavement areas, and installation of all valves, fittings, and other necessary equipment. Additive Alternate No. 6 is comprised of the construction of the North General Aviation Apron Extension. This work will include concrete paving, grading, and minor drainage improvements. Additive Alternate No. 7 is comprised of the construction of a new wash rack adjacent to the General Aviation Apron Extension constructed in Additive Alternate No. 1. This work will include grading, paving, electrical and utility improvements, as well as the installation of an oil-water separator and connection to an existing sanitary sewer pump station. Additive Alternate No. 8 is comprised of providing line stops for the existing 48 inch diameter water line should the existing gate valves prove to be non-operational during construction. On March 5, 2014, the City received proposals from one (1) bidder. The single bid is as follows: Additive Total Base Contractor Base Bid Alternates 1 - 8 Bid Plus Add Alts 1 - 8 Bay, Ltd. Corpus Christi, Texas $20,151,501.87 $14,615,135.23 $34,766,637.10 ALTERNATIVES: 1. Execute the construction contract with Bay, Ltd. as proposed. 2. Execute the construction contract with Bay, Ltd. with base bid and Additive Alternate 1, Additive Alternate 2, Additive Alternate 5 and Additive Alternate 8 only. (Not Recommended) 3. Do not execute the construction contract with Bay, Ltd. as proposed. (Not Recommended) OTHER CONSIDERATIONS: The City's Consultant Engineer, KSA Engineers, Inc. conducted a bid analysis of the one proposal submitted to the City. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Bay, Ltd. of Corpus Christi, Texas has the experience and resources to complete the project. FAA provides funding for 90% of the project's design and construction. This project conforms with FAA policies and requirements and is to be funded from approved FAA grants. Grant monies allow for certification of Base Bid, Additive Alternate 1, Additive Alternate 2, Additive Alternate 5, and Additive Alternate 8. Additive Alternate 3, Additive Alternate 4, Additive Alternate 6, and Additive Alternate 7 will only be constructed pending certification and availability of additional FAA grant monies. The Contract for Construction and selection process complies with the State Procurement Act and City Policy. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; appropriating funds and the FY 2013-2014 Airport Capital Improvement Program budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Aviation Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,052,000.00 $16,210,000.00 $18,625,000.00 $35,887,000.00 This Ordinance Item 23,277,531.00 23,277,531.00 Revised Budget 1,052,000.00 39,487,531.00 18,625,000.00 59,164,531.00 Encumbered / Expended Amount 1,052,000.00 1,052,000.00 This item 34,766,637.10 34,766,637.10 Future Anticipated Expenditures 4,720,893.90 18,625,000.00 23,345,893.90 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Airport CIP Fund Grant, Airport 2012 Cl P; Seq. 2013-2014 CIP Nos. AV 6, 8, 9, 11 RECOMMENDATION: City Staff recommends the approval of the construction contract for the Base Bid and Additive Alternates 1 through 8 with Bay, Ltd. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Ordinance Page 1 of 2 Ordinance Ordinance appropriating $23,277,531 from the Federal Aviation Administration Grant No. 3-48-0051-050-2013 in the No. 3020 Airport Capital Improvement Fund for the following projects: 13/31 Runway Extension Displacement and Connecting Taxiway, 1,000 ft Extension Displacement and Connection of Taxiways, Expansion of the North GA Apron, Reconstruction of the East GA Apron, Reconstruction of the Air Carrier Taxilane, Extension of Taxiway F, and Runway 18-36, NAVIDS' Site Work and Installation of Gate 1013; changing the FY 2013-2014 Capital Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $23,277,531; and authorizing the City Manager or designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $34,766,637.10 for the 13/31 Runway Extension Displacement and Connecting Taxiway Project for the Base Bid plus Additive Alternates 1 — 8. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $23,277,531 from the Federal Aviation Administration Grant No. 3-48- 0051-050-2013 is appropriated in the No. 3020 Airport Capital Improvement Fund. SECTION 2. That the FY 2013-2014 Capital Budget adopted by Ordinance 029565 is changed to increase revenues and expenditures by $23,277,531. SECTION 3. The City Manager or designee is authorized to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $34,766,637.10 for the 13/31 Runway Extension Displacement and Connecting Taxiway Project for the Base Bid plus Additive Alternates 1 — 8. Page 2 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2014, by the following votes: 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 2014, 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 12014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET Runway 13-31 Extension/Displacement Project No. E11047, E12156, El 2156A FUNDS AVAILABLE: Airport CIP Reserves (Estimated) $13,534,356.91 FAA CIP Grant 47 (Previously Awarded) $1,210,350.00 FAA CIP Grant $23,277,531.00 Future FAA Grant Funding (Pending Availability) $4,908,648.35 Total Funds Available $42,930,886.26 FUNDS REQUIRED: Construction: (Base Bid) Runway 13-31 $20,151,501.87 Additive Alternate 1 $4,191,522.83 Additive Alternate 2 $3,042,686.35 Additive Alternate 5 $2,413,477.70 Additive Alternate 8 $58,800.00 Total Construction Cost(Base Bid +Add Alt's No.1, No. 2, No. 5 No. 8 ) $29,857,988.75 Addtitive Alternate 3(Pending FAA Funding) $990,846.30 Additive Alternate 4 (Pending FAA Funding) $1,113,619.70 Additive Alternate 6 (Pending FAA Funding) $2,524,931.35 Additive Alternate 7 (Pending FAA Funding) $279,251.00 Total Construction Cost(Including Additive Alternates No.3, No,4, No.6,No.7) $34,766,637.10 Contingencies $3,476,663.71 Consultant Fees: Engineering Design Fees, This Project Only-(KSA Engineers, Inc.) $1,210,350.00 Construction Management& Materials Testing (Not to Exceed) $1,750,000.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $429,308.86 Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) $1,287,926.59 Misc. (Printing, Advertising, etc.) $10,000.00 TOTAL $42,930,886.26 ESTIMATED PROJECT BUDGET BALANCE ($0.00) • Original Contract approved by City Council May 17, 2011. • Geotechnical Investigation performed under KSA Contract • Construction Inspection to be performed under KSA Contract • Total KSA Contract Amount is$3,823,338.05 I G `F u n �/ �, ��. „ ,,.,,.,,,,,,, �f,. � I � � it i4�Y��P����P��i di�'4+����G�'�`l Nw ,�� I �h��� I i✓u( � � �I} ��f�, U I, -✓ Imad� le�l ��� , �� / 1 i I� / �Vu � / G PROJECT LOCATION Corpus Christi International Airport Corpus Christi International Airport CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Runway 13-31 Extension/Displacement DEPARMENT OF ENGINEERING SERVICES PAGE 1OF1 N O u © V) C N � :3 i $ 00 o V CL � O o U a� x w m m ca n E � o << CL m oQ um u �i� ,I��'PJffi,�WUSF„�fi�fJ�If?Vlar i!�i�/i/iJrl�l�/d>;�!�,✓lY1/OJJ,,,> ';,��'�.,,w'�io•. , fl, 1 IIWir i � �, r �r ..�� � 08 z o u ° Ll � / /✓, �� W o U LLB n � a R � a�rro u o L CL L CC LO 00- - C U L N A 0 > ,-� z V o '� N V M tt 0 0 Q Ua tt *7"t U Vo LL R Q U o o +� z +' 0 4 a w � -61 � V V � 0 E << am oQ um � v O O M n W IO M N an 0 O I� O O LO O O n O O O In n '�o Cl)O O M N 00 00 M I- O ^ M I- O - O D O O (O O 00 W N 0 I- O 00 0 O M O O W V M In O Cl) W 0 p Cl) O N W M M In In In M V a0 a0 p O O V O I 00 O CO 00 ^ O CO V 0-) (.0 O In In V a0 Cl) I- O M In O V In Lo O N P- uJ r In N M In N N G T O V fR co 0') In N ^ V N I- r 0) M M V N O V CO N pj N d: M N ER N ELT -4 N Ef3 Ef3 Ef3 N ER ELT (7 69 Ef) Ef) ER 4, 1 , ELT ER ER ER 6s 6s ER T V 0 •� z z C� LO o N O O I W w o W z N Y 0 z W - 0 Q 0) U a) Q m + 3 a m -a M + LL LL LL LL Q 0 m m a Q Q Q Q ° w Qm LL LLLL LLLL LL a u D 2!, LL N U H iff 0 0 cc n: of C Ul C W i O a LL LL LL o N E V C W N LL 3 N 0 m U : .� �U LL W J LL W 0) N In 00 M V (O I� � 0)cu 0 J M N j m N (6 (6 (6 U N (6 (6 U 0) N d Q of m m CD Q CY E E E E E E E N o � a) LL 0 Q LL U U Q Q Q Q Q c Q Q Q Q c }C .� ° N H LU CO U a a LL z; > > > > U .> > > > U °) a0i 2 :1 Q z aQ Q cag z c o 0 0 0 �0 0 0 0 c c c .E H H Q Q o o � o 0 0 o c o D O CO LL Q LL LL LL LL U Q Q Q Q Q Q Q Q U U W U G H W US 0 _ AGENDA MEMORANDUM Future Item for the City Council Meeting of April 8, 2014 xg Action Item for the City Council Meeting of April 22, 2014 DATE: March 23, 2014 TO: Ronald L. Olson, City Manager THRU: Susan K. Thorpe, Assistant City Manager SThorpe(a7 cctexas.com 361.826.3898 Eddie Ortega, Director EddieO(a_cctexas.com 826.3224 FROM: Rudy Bentancourt, CD Administrator RudyBp_cctexas.com 826.3021 Ordinance authorizing the City Manager or designee to execute a lease with Brooks Chapel for property located at 1517 Winnebago for a term of one year, with a four year renewal option. CAPTION: Ordinance authorizing the City Manager or designee to execute a lease with Brooks Chapel for property located at 1517 Winnebago for a term of one year, with a four year renewal option. PURPOSE: The purpose of this agenda item is to execute a lease agreement with Brooks Chapel for the 1517 Winnebago location. BACKGROUND AND FINDINGS: Brooks Chapel AME Early Childhood Development Center, Inc. (Brooks Chapel) has requested a lease to be executed for the purpose of operating a childcare operation at 1517 Winnebago. The daycare will serve as a daycare facility of low and moderate income families at all times in accordance with the U.S. Department of Housing and Urban Development's Community Development Block Grant (CDBG) regulations and all local, state and federal requirements and law. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval is required for the passing of the Ordinance. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2014- Expenditures 2015 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends that City Council pass the presented Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Ordinance Authorizing the City Manager or designee to execute a lease with Brooks Chapel for property located at 1517 Winnebago for a term of one year, with a four year renewal option. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a lease with the Brooks Chapel AME Church Early Childhood Development Center, Inc. ("Brooks Chapel") for City property located at 1517 Winnebago Street, for a term of one year, with a four year renewal option. The property is being leased to Brooks Chapel for child care programs being offered to eligible children of Corpus Christi in consideration of Brooks Chapel maintaining the property under the terms of the lease. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. 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: Rebecca Huerta Nelda Martinez City Secretary Mayor LEASE AGREEMENT ORIGINAL BETWEEN THE CITY OF CORPUS CHRISTI AND BROOKS CHAPE L CHILDHOOD DEVELOPMENT CENTER STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This lease agreement("Lease")is entered into by and between the City of Corpus Christi,a Texas home-rule municipal corporation("City"), acting through its duly authorized City Manager, or his designee ("City Manager"), and Brooks Chapel AME Early Childhood Development Center Inc., a Texas nonprofit corporation("Lessee"). VI[HEREAS, the City is the owner of real property located at 1517 Winnebago Street, Corpus Christi, Nueces County, Texas; WIIEREAS, the Lessee has requested the use of the property for the purpose of operating a childcare operation subject to the terms,conditions, and covenants contained in this Lease; and WHERE AS, City desires to allow Lessee to use the property for this purpose. NOW,THEREFORE,the City and the Lessee,in consideration of the mutual promises and covenants contained in this Lease, agree as follows: Section I. Leased Property. The City leases to Lessee the Teal property located at 1517 Winnebago Street, Corpus Christi, Nucces County,Texas, also known by its legal description as Lots 9, 10, 11, 12 and 13, Block B, Diaz Addition, in Volume 1842,,Page 952 of the Deed Records of Nueces County,Texas ("Premises"). The Premises includes all improvements now existing and that may be constructed, with the City's permission, during the term of this Lease including,without limitation, the buildings,playground,and parking lot. Section 2.Effective Date of Lease. This agreement takes effect on date of last signature. This Lease will not be effective prior to final approval by the City's City Council. Section 3. Lease Term. The term of this Lease is for one year from its effective date, unless sooner terminated as set out herein.The Term of this Agreement may be extended for a period of four additional years for a total of five years.The option to extend the term is contingent upon the Lessee obtaining childcare licensure from the State of Texas. Should Lessee desire to exercise the option, Lessee must provide written notice to the City of its desire to exercise the option not less than 90 days prior to the expiration of the initial term of this Lease. Section 4. Lease Payment. In consideration of Lessee's agreement to maintain the Premises during the term of this Lease and such other consideration as is provided under this Lease, a Lease payment of ten dollars ($10.00)per year is due and payable on the effective date of this Lease and on that same date each succeeding year of this Lease. Section 5.Purpose of Lease. (A) The purpose of this Lease is to enable Lessee to operate a childcare business at the Premises for children of low and moderate income families.Lessee shall establish and maintain during the term of this Lease a childcare business,which is open to the public, and may not operate the Premises for any other purpose without the City Manager's prior written approval. (B) Lessee shall operate the Premises to further the primary objectives of Title 24, Code of Federal Regulations,Part 570,in accordance with the U. S. Department of Housing and Urban Development's Community Development Bloch Grant regulations. Section 5. Contact Person.For this Lease, the City's contact person and lease administrator is the Administrator of Community Development. Section 7.Utilities and Services. (A)Lessee shall pay for all utilities related to usage of the Premises,including garbage collection,water, gas, and sewage service,prior to the due date.Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. -(B).Lessee shall pay for any additional services that Lessee obtains at the Premises,such as telephone,cable,janitorial, and security services,prior to the due date.Failure to pay any service bill(s)prior to the due date constitutes grounds for termination of this Lease. Section S.Maintenance. (A) During the term of this Lease, Lessee shall maintain, at its sole expense, the exterior and interior of the Premises including,without limitation, the building,all fixtures and equipment, exterior walks and driveways,playground equipment, and all lawn,vegetation, and landscaping. Maintenance shall be of such quality as to maintain the Premises in a first-class condition to include,but not be limited to,painting and keeping in good repair the plumbing fixtures,light fixtures, air conditioning/heating equipment, and elevator,if the Premises contains an elevator. Any additional maintenance required during the term of this Lease is the sole responsibility of Lessee. (B) Lessee shall be responsible for cleaning the entire Premises and will supply paper goods and chemicals necessary for cleaning. Clean-up duties will consist of keeping the entire interior area clean within the standards of the Texas Department of Health, the Nueces County-City of Corpus Christi Health District,and all applicable laws and ordinances, as amended, of the State of Texas and the City,respectively,pertaining to childcare service operations. Clean-up tasks Page 2 of 11 will include,but are not limited to, keeping tables clean,cleaning up spilled food and drinks, and includes the removal of trash from the Premises and the placement of same trash in a trash receptacle. (C) The City shall maintain the utility lines serving the Premises,subject to sufficient annual budget appropriations. Section 9.Furniture,Fixtures, and Equipment. (A) Lessee is responsible for furnishing and equipping the Premises, and the City has no obligation to furnish any equipment or furnishings for Lessee. (B) All personal property and trade fixtures furnished by or on behalf of Lessee will remain the property of Lessee,unless such personal property and trade fixtures are specifically donated to the City during the term of this Lease. (C) All capital construction at the Premises that may be undertaken by Lessee,with City's advance written approval, during the terra of the Lease will remain the property of the City. Section 10.Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that, in the operation of the business being conducted at the Premises and all programs offered by Lessee at the Premises,it will promptly comply with and fulfill all laws,ordinances,regulations,and rules of federal, State, County, City,and other governmental agencies applicable to the Premises and all programs offered by Lessee at the Premises. Additionally, Lessee shall ensure that it meets all ordinances and regulations imposed by the City for the correction,prevention,and dbatement of nuisances or code violations in, or connected with, the Premises during the term of this Lease, at Lessee's sole expense. (B) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all licenses and permits that may be required for Lessee's operations at the Premises. Lessee shall also bear the expense of meeting and complying with all health regulations and certificate of occupancy requirements applicable-to childcare operations. (C) Lessee shall comply with any other federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 11.Entry and inspection.The City reserves the right to enter the Premises at any reasonable time during the term of this Lease for the purpose of inspecting the same in order to determine whether the terms and conditions of this Lease are being observed and carried out by the Lessee including, but not limited to, provisions relating to exterior and interior maintenance. Section 12. Capital Improvements.The City may, from time to time, and in the City's sole discretion,undertake capital improvements to the Premises.Prior to commencing any capital improvements, the City shall notify Lessee,in writing,of the dates in which Lessee,shall be Page 3 of 11 required to vacate the Premises, should the City Manager deem this necessary. Lessee agrees that the term of this Lease shall not be prorated for the period in which Lessee is restricted from entering the Premises for the purposes of constructing capital improvements. Lessee acknowledges and understands that City shall have no obligation to provide an alternate location for Lessee during any period that Lessee must vacate the Premises. Section 13.Relationship of Parties.This Lease establishes a landlord/tenant relationship and none other, and this Lease must be construed conclusively in favor of that relationship.In performing this Lease,both the City and Lessee 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 shall not be,nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 14.Insurance. (A) . Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit A, which is incorporated in this Lease by reference. Lessee shall use an insurance company acceptable to the City.Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit A,constitutes grounds for termination of this Lease. (B) The Certificate of Insurance must be sent to the City's.Risk Manager prior to occupancy of and operations at the Premises. The Certificate of insurance must provide that the City will have not less than thirty(30) days advance written notice of cancellation,intent to not renew, material change, or termination of any coverage required in this Lease. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the City's Risk Manager upon the written request of the City Manager. (D) The City retains the right to annually review the amount and types of insurance maintained by the Lessee, to require increased coverage limits, if necessary in the interest of the public's health,safety,or welfare, and to decrease coverage,if so warranted. In the event of any necessary increase, the Lessee will receive thirty(30)days written notice prior to the effective date of the requirement to obtain increased coverage. (E)Lessee shall,prior to any addition or alteration to, in,on,or about the Premises,obtain prior written clearance from the City's Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by the Lessee.This clearance is in addition to the prior consent required under Section 9 of this Lease. Section 15. Indemnity. (A) In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively,Indemnitees") Page 4 of 11 from and against any and all liability, loss, damages, claims, demands, suits, and-causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to'person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or'remotely, wholly or in part; (1) Lessee's performance pursuant to this Lease; (Z) Lessee's use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees;or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act,,or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the solemegligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys' fees,which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. (S) Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any Idnd whatsoever arising from any said liability, injury, damage, loss, demand, claim, or action. Section 16.Alteratiens. (A) Lessee shall not make any alterations, additions,or improvements to,in,on,or about said Premises without the prior written consent of the City Manager. lessee must also obtain clearance from the City's Risk Manager as required by Section 14 above. (B) All approved alterations, improvements,and additions made by the Lessee upon said Page 5 of 11 Premises, although at Lessee's own expense, shall,if not removed by Lessee upon the expiration or termination of this Lease,become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal_if items are installed in such a manner as to become fixtures, such fixtures may not be removed by the Lessee upon expiration or termination of this Lase and become the property of the City. Section 17.Signs. (A) Lessee shall not exhibit,inscribe,paint, erect, or affix any signs, advertisements,notices, or other lettering("Signs") at,on,or about the Premises, or any part thereof,without the City Manager's prior written approval. (B) The City may require Lessee to remove,repaint, or repair any Signs allowed.If Lessee does not remove,repaint, 'Or repair the Signs within ten (10)days of the City Manager's written demand, the City may do or cause the work to be done, and Lessee will pay the City's costs within thirty(30)days of receipt of the City's invoice. If payment is not timely made, the City may terminate this Lease upon ten(10)days written notice to Lessee.Alternatively, the City may elect to terminate this Lease after ten(10) days written notice to Lessee. Section 18. Sublease and Assignment.Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City Manager, Lessee shall not in whole or in part, assign or transfer directly or indirectly any interest in this Lease unless prior written approval has been obtained from the City Manager. Section 19.Default. (A)Upon 30 days prior written notice to Lessee, the.City may, at its option, in addition to any other remedy or right hereunder or provided by law,terminate this Lease upon the occurrence of any of the following conditions ("Default"),provided that Lessee has not cured the Default prior to termination: (1) Failure to operate the Premises for the purposes set forth in this Leases,except during the periods necessary for repairs or renovation approved by the City in writing or except as otherwise contemplated.by this Lease. (2) Failure to maintain the Premises as set out in this Lease. (3) Failure to abate any nuisance specified in writing by the City within the time specified in writing by the City. (4) Failure to comply with any term of this Lease. (S) Failure to keep in force and effect the policies of general liability insurance, workers'compensation insurance, and other required insurances as specified under this Lease. Page 6 of 11 (6) Abandonment of the Premises in excess of 30 days. (7) Failure of Lessee to correct any other breach in the performance or observance of any other covenant or condition of this Lease. (B) Upon termination of this Lease for Default as herein provided or as may.be otherwise permissible by law, the City may enter the Premises and resume possession without being liable in trespass or for any damages.The foregoing rights and remedies given to the City are deemed to be cumulative of any other rights the City may have under law.The City's exercise of one right or remedy shall not be deemed to be an election, and the failure of the City at any time to exercise any right or remedy shall not be deemed to operate as a waiver of its right to exercise such right or remedy at any other future time. Section 20. Notice. (A) All notices,demands, requests,or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i)by personal delivery; (ii)by deposit with the U. S.Postal Service as certified snail, return receipt requested,postage prepaid; (iii)by prepaid telegram; (iv)by deposit with an overnight express delivery service,for which service has been prepaid; or(v)by fax transmission. (B) Notice deposited with the U. S. Postal Service in the manner described above will be deemed effective two (2)business days after deposit with the U.S.Postal Service.Notice by telegram or overnight express delivery service will be deemed effective one (1)business day after transmission to the telegraph company or overnight express carrier.Notice by fax transmission will be deemed effective upon transmission with proof of delivery. (C)All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Brooks Chapel Early Childhood P.O.Box 9277 Development Center, Inc. Corpus Christi,Texas 78469-9277 1517 Winnebago Street Attn:Administrator, Comm.DeV. Corpus Christi,Texas 75401 (361)826-3186 Office (361)884-8861 Office (361)844-1740 Fax (361)884-3661 Fax Page 7 of 11 (D) Either party may change the address to which notice is sent by using a method set out above.Lessee shall notify the City of an address change within ten(10) days after the address is changed. Section 21.Nondiscrimination. Lessee covenants and agrees that it shall not discriminate nor permit discrimination against any person or group of persons,with regard to employment and the provision of services at,on,or in the Premises on the grounds of race,religion,national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas.The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 22.Modifications.No changes or modifications to this Lease may be made,nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 23.Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party,no matter how long the same may continue, shall not be deemed a waiver by said party of any of its rights hereunder.No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied,shall be taken to constitute a waiver of any subsequent breach of the covenant or condition,nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion shall not be deemed a consent or approval of the same or any other action at any other occasion. (B) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City.It is expressly understood that,if at any time Lessee is in default in any of its conditions or covenants hereunder,the failure on the part of the City to promptly avail itself of said rights and remedies which the City may have shall not be considered a waiver on the part of the City,but City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default.Any waiver by the parties of a breach of any covenants, terms, obligations, or events of default shall not be construed to be a waiver of any subsequent breach, nor shall the failure to require full compliance with this Lease be construed as changing the terms of this Lease or estopping the parties from enforcing the terms of this Lease. Section 24. Force Majeure.No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including,without limitation, any delays or failures in performance caused by strikes,Iack outs,fires,acts of Cod or the public enemy, common carrier,severe inclement weather,riots or interference by civil or military authorities. Such delays or failures to perform shall extend the period of performance until these exigencies have been removed. Lessee shall inform. the City,in writing, of proof of such force majeure within three(3)business days or otherwise waive this right as a defense. Section 25. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises roust be surrendered, Page 8of11 upon the expiration or termination of this Lease in as good a condition as received, reasonable use and wear, acts of God,fire and flood damage or destruction where Lessee is without fault, excepted. Section 26.Enforcement Costs.In the event any legal action or proceeding is undertaken by the City to repossess the Premises,collect the Lease payment(s)due under this Lease; collect for any damages with regard to this Lease, to the Premises,or to in any way enforce the provisions of this Lease, Lessee agrees to pay all court costs and expenses and such sum as a court of competent jurisdiction may adjudge reasonable as attorneys`fees in said action or proceeding or, in the event of an appeal, as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 27.Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City Charter, in the legal section of the local newspaper. Section 28.Interpretation.This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts.Venue lies in Nueces County,Texas,where this Lease was entered into and will be performed. Section 29.Survival of Terms.Termination or expiration of this Lease for any reason shall not release�either party from any liabilities or obligations set forth in this Lease that the parties have expressly agreed shall survive any such termination or expiration, or remain to be performed, or (c)by their nature would-be intended to be applicable following any such termination or expiration. Section.30.Construction of Ambiguities.The parties expressly agree that they have each independently read and understood this Lease.Any ambiguities in this Lease shall not be construed against the drafter. Section 31. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 32.Entirety Clause.This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted.All other agreements, promises, representations,and understandings, oral'or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions,promises,and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 33. Severability. If,for any reason, any section,paragraph,subdivision,clause,provision, phrase,or word of this Lease or the application hereof 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 Lease, or the application of said terns or Page 9 of 11 provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision,phrase, or word hereof be given full force and effect for its purpose. Section 34. Disclosure of interests. In compliance with Section 2-349 of the City's Code of Ordinances, the Lessee shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit B,the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Lease. EXECUTED IN DUUPLICATE, each of which shall be considered an original, on the day of_ , 2014. LESSEE. BROOKS CHAPEL AME EARLY CHILDHOOD DEVELOPMENT CENTER, INC. Chanan & CEO Printed Name ps!�; 'n-o r Date STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2014, by Chairman & CEO of Brooks Chapel AME Early Childhood Development Center, Inc., a Texas nonprofit corporation, on behalf of the corporation. MONAKOSTER WELL S Notary Public, State of Texas MY COMMISSION EXPIRES Fehtuary2l,2015 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Ronald L. Olson, City Manager APPROVED AS TO LEGAL FORM this day ofGlr 2014. Buck Brice Assistant City Attorney For the City Attorney Page 11 of 11 EXHIBIT A INSURANCE REOUiREMENTS I. LESSEE"S LIABILITY INSURANCE A. Lessee 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. Lessee 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 NIINIlVIUM 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: $1,00(1,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2.- Premises—Operations 3. Poducts/Completed Operations Hazard 4. Contractual Liability S. Broad Form Property Damage b. Independent Contractors 7. Sexual Abuse&Molestation PROPERTY INSURANCE Lessee shall purchase All—Peril Property Coverage to provide coverage for Real and Personal Property. WORKERS' COMPENSATION Which Complies With The Texas Workers' Compensation, And Paragraph 11 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, Lessee shall furnish the Risk Manager with copies of all reports of such accidents within ten(10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Lessee 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. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee'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. Lessee 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. Lessee 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.U.Box 9277 Corpus Christi,TX 78469-9277 (361)826-4555-Fax# D. Lessee agrees that with respect to the above required insurance, all insurance policies acre 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, fine 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. Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee'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 Lessee'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 Lessee to discontinue sales/work hereunder, until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee'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. 2014 Community Housing and Development Brooks Chapel Daycare —ins. reqs. 3/17/2014 ds Risk Management "Exhibit B" CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Cixy o-[` Cntpus Christi City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". See definitions on next page. COMPANY NAME: STREET ADDRESS: P.O.BOX: CITY: FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other ❑ 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 ,fob Title and City Department(if known) A ter 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest»constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest'constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a"consultant'for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an'ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant 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 change cur. Certifying Person: Title: Signature of Certifying Person: P1!6i� Date: 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. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an Independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. d. "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. a. "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." f. "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. -11- Us 0 - AGENDA MEMORANDUM 4N First Reading Ordinance for the City Council Meeting of April 8, 2014 xg Second Reading Ordinance for the City Council Meeting of April 15, 2014 DATE: March 19, 2014 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, ACM — Business Support Services WesP@cctexas.com (361) 826-3082 Appropriating Funds for Marketing and Co-Promotion Expenditures at the American Bank Center CAPTION: Appropriating $100,000 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co-Promotion Expenditures; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase revenue by $100,000 and expenditures by $200,000. PURPOSE: The purpose of marketing/co-promotion funds for the American Bank Center Arena is to assist the Corpus Christi American Bank Center Arena (the "Arena") in promoting, retaining, securing, and hosting sports-related tenants, concerts, attractions, conventions, and other events at the ABC Arena that generate a positive economic impact for the City of Corpus Christi. Previously appropriated funding has been instrumental in securing nationally televised sporting events and high-profile concerts over the past year. American Bank Center and City staff request replenishment of this funding in the amount of $100,000 in order to continue securing noteworthy events at the American Bank Center. BACKGROUND AND FINDINGS: Marketing/Co-Promotion funding serves as valuable tool with which the American Bank Center management and City management are able provide an incentive in negotiations for high-profile events considering Corpus Christi as a location. Over the past year, six events were secured as a result of this incentive being available. The economic impact of each event to the city exceeded the Marketing/Co-Promotion incentive provided. On March 17, 2014, the Type A Board approved a motion to grant the additional $100,000. ALTERNATIVES: The alternative is to not approve additional dollars for Marketing/Co-Promotion. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This request is for a continuation of a policy that has been previously approved by the Type A Board and City Council. EMERGENCY/ NON-EMERGENCY: This is a routing, non-controversial item. DEPARTMENTAL CLEARANCES: ACM — Business Support Services Type A Board Finance 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 $125,000 $125,000 Encumbered / Expended Amount $120,000 $120,000 This item + $100,000 112Q.1-0-00 BALANCE $105,000 $105,000 Fund(s): Transfer from Arena Facility Fund to Visitors Facility Fund Comments: n/a RECOMMENDATION: Staff recommends approval of the $100,000 for Marketing/Co-Promotion funding to be utilized by the American Bank Center. LIST OF SUPPORTING DOCUMENTS: Ordinance—ABC Marketing Co-Promotion Funding Summary—ABC Marketing Co Promotion Events Page 1 of 2 Ordinance Appropriating $100,000 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co-Promotion Expenditures; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase revenue by $100,000 and expenditures by $200,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $100,000 is appropriated from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferred to and appropriated in the No. 4710 Visitors Facility Fund for American Bank Center Marketing and Co-Promotion Expenditures. SECTION 2. That the FY 2013-2014 operating budget adopted by Ordinance 029915 is amended to increase revenues by $100,000 and expenditures by $200,000. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Ordinance-ABC Marketing CoPromotion Funding Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 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 , 20147 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 , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Ordinance-ABC Marketing CoPromotion Funding Americwftwk 0,CCNTFIke arena i, convention center I >e ena aL6torkjni Event Information for American Bank Center Arena Marketing Co- Promotion Special Event Funding Client: Leija/Battah Boxing (FOX) Date of Event: April 13, 2013 Type of Event: Live Televised Boxing Event Marketing/Co-Pro Funding: $15,000 Net financial return to the City exceeded the Marketing/Co-Pro incentive amount granted. Corpus Christi was awarded this fight over San Antonio. Client: Live Nation Concerts Date of Event: June 21, 2013 Type of Event: Tim McGraw Concert Marketing/Co-Pro Funding: $25,000 Net financial return to the City exceeded the Marketing/Co-Pro incentive amount granted. Client: Rocks Xtreme MMA Date of Event: September 7, 2013 Type of Event: Mixed Marital Arts Event Marketing/Co-Pro Funding: $15,000 Net financial return to the City exceeded the Marketing/Co-Pro incentive amount granted. Local promoter who has brought the facility six shows in the past year. Client: Icon Concerts Date of Event: September 21, 2013 Type of Event: Steve Trevino Comedy Special Marketing/Co-Pro Funding: $25,000 Net financial return to the City exceeded the Marketing/Co-Pro incentive amount granted. Show will be broadcast on HBO, Showtime or Netflix. Client: Top Rank HBO Boxing Date of Event: November 9, 2013 Type of Event: Live Televised Boxing Event Marketing/Co-Pro Funding: $15,000 Net financial return to the City exceeded the Marketing/Co-Pro incentive amount granted. Event was broadcast live to 120 countries. Corpus Christi was awarded this event over El Paso, Dallas and Las Vegas. Client: Bookem Nano, LLC Date of Event: February 8, 2014 Type of Event: Alan Jackson Concert Marketing/Co-Pro Funding: $25,000 Net financial return to the City exceeded the Marketing/Co-Pro incentive amount granted. Ending balance of original funding = $5,000 se Ak o 0ONVOR 11 1852 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 15, 2014 Second Reading Ordinance for the City Council Meeting of April 22, 2014 DATE: 3/27/2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floydsQcctexas.com 361-886-2603 Accepting the Click It or Ticket Grant from TXDOT and appropriating funds CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $19,993.11 from the State of Texas, Department of Transportation for the FY2014 Click It Or Ticket program grant; and appropriating the $19,993.11 in the No. 1061 Police Grants Fund. PURPOSE: Accept and appropriate the grant to utilize the funds. BACKGROUND AND FINDINGS: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CIOT) where the Police Department will conduct an occupant protection enforcement effort during the Memorial Day Holiday, May 19, 2014 - June 1, 2014. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Two teams of four officers each will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 800 safety belt citations and 75 child safety seat citations and in turn increasing safety belt use among drivers and front seat passengers by 2%. Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salaries and retirement. The City of Corpus Christi has had previous CIOT grants since 2002. ALTERNATIVES: Not accept the grant and not participate in the state wide CIOT campaign. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Adheres to all city policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating Expense Project to Date Expenditures Fiscal Year: 2012-2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $19,993.11 $19,993.11 BALANCE $19,993.11 $19,993.11 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to. accept a grant in the amount of$19,993.11 from the State of Texas, Department of Transportation for the FY2014 Click It Or Ticket program grant; and appropriating the $19,993.11 in the No. 1061 Police Grants Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation in the amount of$19,993.11 for the FY2014 Click It Or Ticket program grant. SECTION 2. That $19,993.11 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project(STEP)within the Police Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor d AGENDA MEMORANDUM oaPOwR ko Future Item for the City Council Meeting of April 15, 2013 2852 Action Item for the City Council Meeting April 22, 2013 DATE: April 15, 2014 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm&cctexas.corn (361) 826-3165 Yasmine Chapman, Director of Human Resources yasm inec&cctexas.corn (361) 826-3878 Amendment No. 1 to the service agreement for the Employer-Sponsored Wellness Clinic CAPTION: Motion authorizing the City Manager or designee to execute amendment No. 1 to the service agreement with H2U Wellness Centers, LLC d.b.a. First Onsite (H2U) of Nashville, Tennessee, in the amount of $495,750, of which $97,708.33, is required for FY 2013-2014. Funds are budgeted in the Other Employee Benefits Fund. PURPOSE: This service will be used by the Human Resources Department to provide primary care and wellness services to eligible active employees, retirees and their eligible dependents and/or surviving spouses. This amendment allows the City to provide an enhanced level of service consisting of extending existing hours from 8 to 12 hours a day by the addition of two staff (one nurse practitioner and one part-time medical assistant) and additional supplies necessary to accommodate additional patients. This amendment will allow the City's wellness clinic to double the number of patient visits per year from 5,271 to approximately 10,542 visits. BACKGROUND AND FINDINGS: The City currently offers medical benefits through a self-funded health plan administered by Humana. The existing employer-sponsored wellness center contract creates a setting within City Hall in which primary care services are offered on a no-fee basis, with the goal of minimizing lost time from work, increasing productivity, promoting the City's wellness initiatives, creating a program to encourage use of primary care and preventive health care services, and providing a vehicle for early intervention by identification and management of member health conditions. Thus, improving the overall health of the members and managing long-term costs to the City's self-funded health insurance plan. The amount required for the amendment ($495,750) recommended herein is comprised of and the pricing associated therewith is contingent upon the exercise of both optional one-year extensions to the existing contract between the City and H2U. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The City will administratively exercise both optional two-year extensions allowed in the original agreement approved by City Council. Of the $1,096,750 ($535,000 Year 1 and $561,750 Year 2) required for these two extensions, $495,750 is the amount required for the amendment to provide the additional staff and supplies to accommodate the approximately 5,271 additional patient visits per year. 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: Human Resources Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures Current 2013-2014 (CIP only) Year Future Years TOTALS Line Item Budget $400,000.00 $398,041.67 $798,041.67 Encumbered / Expended Amount $204,261.09 $0 $204,261.09 This item $97,708.33 $398,041.67 $495,750.00 BALANCE $98,030.58 $0 $98,030.58 Fund(s): Other Employee Benefits Fund Comments: The total expenditure of $495,750 is comprised of $97,708.33 required for the five (5) months remaining in FY 2013/2014 and $398,041.67, which will be required in future fiscal years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Amendment No. 1 City of Corpus Christi Amendment No.1 to the service agreement for the Purchasing Division Employer-Sponsored Wellness Clinic Senior Buyer: Elisa Covington Price Sheet Council Date: April 15, 2014 H2U Wellness Centers, LLC d.b.a. First Onsite Nashville, Tennessee Item Description Unit Price 1 Amendment No. 1 for wellness center Extension Year 1 ea. $234,500.00 2 Amendment No. 1 for wellness center Extension Year 2 ea. $261,250.00 Total: $495,750.00 Total amount of Amendment No. 1: $495,750.00 Note: The professional services agreement to which this amendment is being made was originally approved by City Council Motion No. M2010-272. CITY OF CORPUS CHRISTI, TEXAS Service Agreement No.: SAII 1-006A Amendment No.: 1' Date- The CITY OF CORPUS CHRISTI,TEXAS hereinafter referred to as the City, and H2U'Weliness Centers, LLC d.b.a. First Onsite, hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which,together with the Contract and all other duly executed amendments,constitutes the entire agreement under the above-referenced Service Agreement (hereinafter referred to as "Agireement" or "Contract") between, the City and the Contractor. 1, The City and the Contractor acknowledge that the Contract has been renewing on a month to month basis. The City and the Contractor do hereby agree to exercise both of the extensions referenced in Section 4 of the Agreement.The City and the Contractor further agree that the first extension shall be for twelve months commending on May 1, 2014("Extension Year 1")and continuing for one year thereafter. Extension Year 2 shall commence for an additional one year commencing on the day after Extension Year 1 expires and continuing for one year thereafter. IL The City and the Contractor do hiereby agree that beginning on the date that Contractor has secured sufficient staff to cover the hours set forth below and continuing for the remainder of the term of the Contract, the Contractor shali operate the Wellness Clinic from 7 am to 7 pm each day that it is scheduled to be open and,staff the Wellness Clinic with one additional nurse practitioner and a part-time medical assistant to cover such extended hours. The Contractor will make good faith efforts to obtain, sufficient nurse practitioner and medical assistant staffing following the date this Amendment is signed by the last signatory hereto. Ill. The City and the Contractor do hereby agree that commencing May 1, 2014 the following terms, shall', govern payment to the Contractor for its services under the Contract: The City agrees to pay the Contractor the following amounts for its services under the Agreement. A fixed fee not to exceed $535,000 for Extension Year 1 and a, fixed fee not to exceed $557,750 for Extension Year 2 for all services and expenses provided by Contractor to include the following- a management fee equal to salaries, wages and benefits for the medlicM professionals provided by the Contractor (including contract labor), and reimbursement of the Contractor's laboratory fees, pharmaceuticals(to include injectibles)and supplies. Extension Year I fee will be reduced to take into account the portion of the Extension Year 1 during which the extended hours were not yet implemented. Further, in the event the City requests additional staff or services, the City acknowledges that the City will owe additional fees and costs,for such items as mutually agreed to by the Contractor and the City. Contractor will invoice,the City on a monthly basis, and the City shall pay Contractor aH invoiced amounts Net 30. City of Corpus Christi Clinic Expenses Total Expenses yr 1, Yr 2 Annual Cost Inflator 5% Salaries and Wages $405,865 $426,159 Professional Fees $ 23,175 $ 24,334 Contract Services (Labs) $ 63,370 $ 66,539 Other Expenses $42,590 $44,718 Total Not to Exceed Fees $ s nnry 561,750 IV in the event of any conflict between the terms of this Amendment and the terms of the Contract,the terms of this Amendment shall control. Contractor and the City agree to and shall abide by all terms and conditions of the original Contract and any amendments to that Contract,to the extent they are not in conflict with the terms of this Amendment. Contractor and the City hereby represent and warrant that they have all necessary and required power and authority to enter into this Amendment, that the execution and delivery of this Amendment by Contractor and the City has been duty authorized by all requisite corporate action,and that when executed and delivered,this Amendment shall be valid and binding upon Contractor and the City,respectively.All capitalized terms used in this Amendment not otherwise defined herein sha,li have the meaning, ascribed to them in the Contract, This Arneindment may be executed in one or more counterparts,each of which shall be deemed an original, but all of which togethershall constitute one and the sere instrument. Agreed to by: H U Wellness C enters,, LLCr dba First Clnstte ILI, Hager R eei Ifete City of Corpus Christi, Texas By Name. Title- Date- US AGENDA MEMORANDUM for the City Council Meeting of April 15, 2014 DATE: March 28, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMop_cctexas.com 361-826-3464 UPDATE TO CITY COUNCIL Commission on Children and Youth STAFF PRESENTER(S): Name Title/Position Department 1. Stacie Talbert Anaya Assistant Director Parks & Recreation 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Oraanization 1. Ridge Hammons Chairperson Commission on Children &Youth 2. Warren Andrich At-Large Member Commission on Children &Youth 3. BACKGROUND : The Commission on Children and Youth has received the final draft of the Data Collection Project—a study of economic, social, health and crime risk factors that impact the development of youth and lead to juvenile delinquency in our community. The CCY will present information on the DCP, a sample of information included in the study and an action plan for moving forward with the information provided. LIST OF SUPPORTING DOCUMENTS: Power Point Presentation Risk Factor and Trend Analysis Report Data Sheets (9) Commission for Children and Youth Fact Sheet Youth Alcohol & Drug Use Alcohol and drug use among children appears to be a growing problem in Nueces County. When examining juvenile alcohol and drug-related arrests and adolescents in drug and alcohol treatment, one finds that Nueces County has higher rates than the State. Drug use among the age group 10-14 Arrests Age 10-14 Drug appears to be a significant problem for Referrals Nueces County when compared to the State. From 2009 to 2011, the State rate 8 6.5 (per 1,000 children) of drug-related arrests for the 10 to 14 age group stayed 6 4.43 roughly the same at 1.1. According to the 4 Nueces County Juvenile Probation 2.08 Department, the Nueces County rate (per 2 1.21 11 0 31 O:OZ 1.1 1,000 children) of drug-related referrals 0 ME M 1 11.- for the 10 to 14 age group has dropped 2009 2010 2011 from 2009 to 2011. The Nueces County 2011 rate of 3.79 is 41%lower than it was ®National ®State ❑County in 2009, but it is about four times as high as the State's rate. From 2009 to 2011, the rate of Juvenile Arrests for Drug Offenses juvenile (0-16 years old) drug- 50 related arrests dropped to 12.7 43.43 per 1,000 for the State. In the 40 32.99 same time period, the rate in 30 Nueces County dropped by 62.9%to a rate of 16.1. Despite 20 15.08 15.20 16.1 having the largest drop of all 11.47 9 45 10.4 12'7 three groups, the Nueces County 10 rate is still noticeably higher 0 than the State and National rates 2009 2010 2011 as reported in Uniform Crime Reports. IMNational ®State ❑County Copyright 2013,City of Corpus Christi,Texas:All Rights Reserved The rate of juvenile alcohol-related Juvenile Alcohol Related Arrests arrests from Uniform Crime Reports was also examined. From 2009 to 30 24.91 2011, the rate (per 10,000 children 25 age 16 and under) of juvenile 19.21 alcohol-related arrests decreased by 25.8%in Texas. The 2011 State rate 15 12.19 of alcohol arrests of juveniles was 10 7�8 4.09. In Nueces County, the rate (per 5.51 6'87 4 58 6 18 10,000 children) of juvenile alcohol- 409 5 �� . ��� related arrests dropped 51%to a rate 11 o of 12.19. Despite having the largest 2009 2010 2011 drop of all three levels, the Nueces County rate still remained roughly 3 National ®state ❑county times higher than the State and 2 times higher than the National. For Texas, the rate of adolescents in alcohol and drug treatment facilities Adolescents in Treatment for Alcohol (per 10,000 children under 18) or Drug Use funded by the Texas Commission on 40 36.29... Alcohol and Drug Abuse (TCADA) 30 29 27.44 decreased from 2010 to 2012 to a rate of 13.00. From 2010 to 2012, 20 13.24 13.34 13.00 the rate in Nueces County decreased 10 by 24.4%, to a rate of 27.44. The Nueces County rate of adolescents 0 2010 2011 2012 in treatment remained more than 2 times higher than that of the State. It ®state ❑county is clear that the County has a serious juvenile alcohol and drug use problem. These data taken together indicate that Nueces County has a significant, but improving problem with juvenile drug and alcohol use. September 30, 2013 Social Science Research Center Texas A&M University—Corpus Christi PICT XAS - t TiTIVtt G" O 6300 Ocean Dr. #5853 _ R P US C' °"""' - IST'I Corpus Christi, TX 78412 361-825-3206 Copyright 2013,City of Corpus Christi,Texas:All Rights Reserved Commission for Children and Youth Fact Sheet Teen Pregnancies & Child Sexual Abuse Adolescent pregnancies and sexual abuse of children appear to continuing problems in Nueces County. When examining adolescent pregnancies and confirmed child sexual abuse victims,Nueces County has higher rates than the State. Adolescent pregnancies appear to Adolescent Pregnancies occur more frequently for Nueces (Mothers < 18 years old) County when compared to the 8 State. The proportion of live births that were to mothers under 18 s 6.2 6.2 years of age in the State m 4.9 4.7 demonstrated a continual decline > 4.3 4 from 1998 to the 2010 figure of 0 4.3% of live births. The figures for 2 Nueces County have varied U declining from 8.5%in 1998 to a 2006 2007 2008 2009 2010 low of 5.5%in 2003,but returning ®state Nuueces to a high of 6.3%in 2004. — -1.1 Continued variation has occurred since then to the 5.7%in 2010.Although the percent of adolescent pregnancies in Nueces County appears to have slightly decreased recently, the annual rates are still higher than those for the State. As found in the data on child abuse reported elsewhere, children are also victimized Child Sexual Abuse Confirmed Victims sexually. These victimizations 20 may cause pregnancy and may 18 spread sexual transmitted 16 diseases. From 2008 to 2012, d 14 the State rate (per 10,000 0 10 10 9.8 children) of confirmed child o 8 sexual abuse victims decreased ° r 6 14.0%to 8.6. This continues a 4 decline that traces back to at °' a 2 0 least 2003. During 2008 to 2012 2008 2009 2010 2011 2012 time period,the Nueces County ®state o Nueces rate of confirmed victims of oe�ofFamwadP�e�esery=e= child sexual abuse decreased Copyright 2013,City of Corpus Christi,Texas:All Rights Reserved 50.8%to 9.1. While the County data also reflect a decrease starting from 2003,the rate of decrease accelerated between 2009 and 2010. Until 2012,the County rate had been close to or double the State rate. For 2012, it is only 5.8%higher, a remarkable change. Child Abuse Victims Served by Coastal From 2007 to 2012,the number of Bend Children's Advocacy Center children served at Coastal Bend Children's Advocacy Center for 1600 1371 1492 1407 sexual assault or serious physical abuse increased 10.4%to 1,513. 1200 Note that the Center serves some victims from out of the County. 800 However,these figures help provide 400 an understanding of the need for victims' services and the significant ° workload being experienced by local 2007 2008 2009 2010 2011 2012 agencies. Research demonstrates that -`.I-,Ih _""° more cases of child abuse occur than are ever reported to intervention and service agencies. It may be that with the decline in the rate of confirmed child sexual abuse victims noted above and the stability of confirmed child abuse victims of all types reported elsewhere,the service data reported support the conclusion that intervention and service levels have increased,not necessarily child abuse itself. This Fact Sheet has reported in the past data for Sexually Transmitted Diseases among those 15 to 17 years of age. A problem with the validity of those data has been discovered. Thus,these data have been deleted from the Risk Factor Data Set and from this Fact Sheet. An effort to resolve this issue and return correct data to these reports is underway. December 2,2011 w FEXAS A&M UNIVERSITY Social Science Research Center ' III T "'1 I1 .1 1'I Texas A&M University—Corpus Christi 6300 Ocean Dr. #5853 Corpus Christi, TX 78412 361-825-3206 Copyright 2013,City of Corpus Christi,Texas:All Rights Reserved Commission for Children and Youth Fact Sheet Health Issues When examining the overall death, causes of death, infant mortality, and disability, Nueces County has higher rates than the State, indicating that health problems are a significant issue in the County. For most indicators, the latest data available is 2011 as vital statistics data sets are not yet complete for more current years. Death Rates In 2011, the overall death rate for the State was (per 10,000 pop.) 64.9 per 10,000 population. In Nueces County, 100 .... 2 78 02 the rate was much higher than the State's at 80 66974 74 66 75.22 78.02 per 10,000 population. The County rate 60 rose from 2010 to 2011 while the State rate 40 declined slightly. Some of the most common 20 causes of death include major cardiovascular 0 diseases, malignant neoplasms (cancer), 2009 2010 2011 cerebrovascular diseases, chronic lower respiratory diseases, diabetes mellitus, and ®state ❑Nueces chronic liver disease and cirrhosis. From 2008 to 2010, the County's 2010 Cause-Specific Death Rates death rates have been higher than Rate Per 10,000 Population the State's for most of the causes o 10 20 30 of death mentioned above. The Cardiovascular diseases 20.05 only exception is cerebrovascular 20.52 diseases, in which the County's Malignant neoplasms 14.58 49 rate has been similar to the Cerebrovascular... 3.64 3.64 State's. The most striking Respiratory diseases 3.54 difference is the County's gg 8 MM diabetes death rate, which has diabetes 3.41 been almost double than the Liver Disease 1.14 State's rate from 2006 through 2010. In 2010, the County's ®State ❑Nueces diabetes death rate was 3.41 per 10,000 population while the State's was only 1.88. According to the Texas Behavioral Risk Factor Surveillance System for 2010, the percent at risk for obesity (BMI 30 or greater) among adults 18 and over in the Public Health Administrative Region 11, which includes Nueces County, was 35.1%. The percent at risk for obesity in the State and Nation were 31.8% and 28.9%, respectively. Risks are higher for specific groups with Males at 36.3%, Hispanics at 38.8%, those 30-44 years at 41.5% and those earning less than Copyright 2013,City of Corpus Christi,Texas:All Rights Reserved $25,000 at 40.7%. It can be assumed that the percent at Infant Mortality risk for obesity in the County is similar to the Region's. (Per 1,000 Live Births) Obesity is a significant risk factor for Type II diabetes 6.5 and various heart diseases. 6 6.1 6.1 6.1 6 57 Compared to the State, the County had higher infant mortality rates from 1999 to 2007 (except for 2005). 5.5 5.4 The County had lower rates in 2008 and 2009 and the same rate in 2010. In 2011, the infant mortality rate in 5 Texas was 5.7 infant deaths per 1,000 live births, while 2009 2010 2011 the County's rate was 6.1; a return to a higher rate. ®State ❑Nueces From 2001 to 2007 the percent of low birth weight infants (<2,500 grams)increased in Texas and Nueces County to highs of 8.4 and 10.0 respectively. Texas has recorded 8.5% in 2008, 2009 and 2012 while the County has seen a decline from its high to 7.8 in 2012. People Without Health Insurance The percentage of all people and children under ,--------- --------------201 ------------------------ 18 without health insurance coverage in Nueces o 30 26.3 23 9 County is significantly higher than the National ®National „ 1. .' percentage but lower than the State percentage. o 20 s 5 15.3 3 ®State In 2010 the percentage of uninsured children under 18 was 8.5%for the Nation, 15.3%for the 0, 10 ❑Nueces State, and 11.3%for the County. The percentage for all uninsured people was 17.7%for the a __ Nation, 26.3%for the State, and 23.9%for the 0 Under 65 Under 18 County. The County has a higher disability rate than the 2011 Disability Prevalence State. In 2011, 17.3% of the County's civilian, non-institutionalized population reported having ..,. ,,.n W..W..W..W..W..W..W..W..W..W..W..W..W..W..W..W..W..W..W..W..W..W..W..W.W.W.W... a disability, while only 13.3% of the State's 20 17.3 population reported having a disability. In 2011, 13. 5.8% of people under 18 had a disability in the a 10 5.8 County, while only 3.99% had a disability in the 3.99 ... .. State. 0 a under 18 all ages September 30,2013 Social Science Research Center ®State ❑Nueces Texas A&M University-Corpus Christi 6300 Ocean Dr. #5853 Corpus Christi, TX 78412 361-825-3206 Copyright 2013,City of Corpus Christi,Texas:All Rights Reserved II -I-j N L � � O � � V o � � U V V � o •o � r V Li l..p&N. 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' • • Ilk CT) 451 is w � +' ° Aq un V �i u o � U.) US cn bO U 4-1 . a� 451 is a �•i 4-j : , o .,.� � u O •,� �, o c� P---1 O � r � w � • 451 is a 'p Z Ul) V J o --j bO � O a� 7 t C) Z wr ,.'4 ° 4-j Z � w Z ;, l ��1°4 I!"°°° 0 NUECES COUNTY JUVENILE DELINQUENCY RISK FACTOR DATA AND TREND ANALYSIS Philip W. Rhoades, PhD, Lilo Burda, MS, and Ryan Hatfield Social Science Research Center January 25, 2014 CORPUS QN, '--F-EXAS A.&.M UNIVERSITY CHRISTI Copyright 2014: City of Corpus Christi,Texas NUECES COUNTY JUVENILE DELIQUENCY RISK FACTOR DATA AND TREND ANALYSIS Authors Philip W. Rhoades, PhD Lilo Burda, MS Ryan Hatfield Social Science Research Center Texas A&M University—Corpus Christi 6300 Ocean Dr, #5853 Corpus Christi, TX 78412 This report has been produced for the Corpus Christi Commission for Children and Youth by the Social Science Research Center at Texas A&M University— Corpus Christi. Funding was provided through a contract with the City of Corpus Christi. Copyright 2014 City of Corpus Christi All or portions of this report may be duplicated in support of public education, grant writing or planning efforts, if citation is made of sources: The Social Science Research Center, Texas A&M University— Corpus Christi and the City of Corpus Christi. ii Copyright 2014: City of Corpus Christi,Texas Table of Contents Introduction 1 Purpose and Uses 2 The Theoretical Model Used 2 The Population Context 5 Priority Risk Factors: An Overview 6 Priority Risk Factors: The Details 9 Family Management Problems and Family Conflict 9 Family Management Problems 10 Family conflict 13 Extreme Economic Deprivation 15 Favorable Parental Attitudes and Involvement in the Problem Behaviors 21 Lack of Commitment to School 25 Early Initiation of the Problem Behavior 27 Risk Factors with Clear Impact in the Community 29 Early Academic Failure 29 Favorable Attitudes Toward the Problem Behaviors 31 Friends Who Engage in the Problem Behaviors 32 Availability of Drugs. 35 Community Laws and Norms Favorable to the Problem Behaviors 36 Family History of High Risk Behaviors 39 Constitutional Factors 41 Risk Factors with Possible Impact on the Community . 42 Rebelliousness 42 Transitions and Mobility 43 Early and Persistent Anti-Social Behavior 44 Media Portrayals of Violence 45 Availability of Firearms 47 Low Neighborhood Attachment and Community Disorganization 49 Summary and Restatement of the Priority Risk Factors 49 Bibliography 53 iii Copyright 2014: City of Corpus Christi,Texas NUECES COUNTY JUVENILE DELINQUENCY RISK FACTOR DATA AND TREND ANALYSIS INTRODUCTION This report updates the data collection, analysis, and reporting from the 2010 Data Collection and Analysis Project of the Commission for Children and Youth, City of Corpus Christi. It continues the application of the strategic community analysis that occurred in the Youth Opportunities United (YOU) Comprehensive Planning process of 1997-2006. The original intent of the YOU effort was to provide to the community a research and data based image of the risk factors producing juvenile delinquency in Nueces County. The text is structured to support such a community image. However, this report and its companion documents, the Delinquency Risk Factors with Supporting Data Indicators file, and the Delinquency Data Indicators Graphics File, may be used to examine problem behaviors, community issues, and topics detailed by the data indicators beyond delinquency. This project, like the 2010 one, expands the available data, graphics, and report summaries into other areas with the companion data set and report both entitled: Nueces County Data Profile: Selected Demographic, Health, Social, Economic, Housing, and Educational Characteristics. Also, available are ten (10) short fact sheets. The theoretical construct used to structure this risk factor report is "a community model of risk and protective factor-focused prevention" (Catalano, Chappell, & Hawkins, 1996: i)for juvenile delinquency. The YOU initiative's foundation was the Office of Juvenile Justice and Delinquency Prevention's (OJJDP) comprehensive strategy described in the Guide For Implementing the Comprehensive Strategy for Serious, Violent, and Chronic Juvenile Offenders (referred to here as Guide) (Howell, 1998) and in Communities that Care Prevention Strategies: A Research Guide to What Works (Wong et al, 1996). The comprehensive strategy posits that juvenile delinquency must be addressed along a continuum of action from prevention programs for all youth, through at-risk youth programming, intervention with youth demonstrating problem behaviors, enforcement and sanctions for those engaged in delinquency, and finally aftercare for those incarcerated at the end of graduated sanctions. Strategic planning and program creation for this continuum is guided by five principles: strengthen the family, support core social institutions, promote delinquency prevention, intervene immediately and effectively, and identify and control the small group of serious offenders (Howell, 1998: 7-15). The Commission for Children and Youth encourages everyone in the community to use these documents for such strategic planning, grant writing, and program creation. 1 Copyright 2014: City of Corpus Christi,Texas Purpose and Uses: The Commission for Children and Youth has supported the construction of this set of documents because it believes that they are needed in the community and are very valuable in serving its mission. The Commission believes that all government, private, and non-profit organizations serving families and children in the community need, current, valid, and readily available information for the purposes of policy creation, program development, grant writing, and program evaluation. To adequately serve a community, one needs as clear an image of the current conditions and trends among the population served as possible. Without such an image, resources, actions, and effort are often misdirected and needs are unmet, problems are not addressed, and waste occurs. The products of this project are founded on the fundamental management principles that decisions making should be evidence based and that evidence should be current, research based data. The information provided from this project will permit community decision makers to engage in strategic and program planning, policy creation, program development, grant writing, and program evaluation from a position of knowledge. The functions noted above were effectively performed during the YOU initiative from 1997 to 2006. Strategic planning processes occurred internally with YOU and with many community organizations, policies and procedures were changed to make services to youth and families more streamlined and effective, new programs were developed, and program evaluations were conducted which improved service delivery. Of significance was the use of the data and report products of the time for grant writing. The YOU Grant Writing Office and community partners supported by the products coming from the Social Science Research Center produced in excess of twenty-five (25) million dollars in successful grants for the community. When costs for the Office and the SSRC are compared to the result, the community received a 3,600%return on its investment. Problem/needs statements or community assessments based on well presented, valid data are very effective in grant applications. Having such data readily available is a time and effort saving phenomena for the community's grant writing efforts. The community is encouraged by the Commission to use the reports, fact sheets, graphics, and data. This can be done in a number of ways. The fact sheets, graphics file, and reports may be distributed to committees and decision makers engaged in strategic or program planning or policy creation/analysis in full or in part. Organizations may excerpt portions of any of the products to be inserted into needs assessments supporting such decision making. Grant writing efforts may use appropriate data from the data files to create tables, graphs, or text unique to the grant proposal. Alternatively, sections of text and graphics may be taken from the reports, fact sheets, and graphic file to be inserted as they are into grant proposals. Because the data files, texts, and graphics display trends, the products may be used to assist in program evaluation. Programs designed to address particular community issues may find that appropriate data indicators are available to determine if the past 3, 5 or 10 years of effort have had desired effects. The Commission notes that any community organization may avail itself of these materials. The Theoretical Model Used: The approach to delinquency prevention in the 2 Copyright 2014: City of Corpus Christi,Texas OJJDP model is risk-focused. "This approach states that to prevent a problem from occurring, the factors contributing to the development of that problem must be identified and then ways must be found (protective factors)to address and ameliorate those factors" (Howell, 1998: 11). Risk factors that cause delinquency are found in several domains as listed in the first two columns on Table 1. The 19 risk factors that have empirical support in the literature fit into community, family, school, and individual/peer domains. Each risk factor contributes to the existence of one or more problem behavior: delinquency, violence, substance abuse, academic dropout, and teen pregnancy. Risk factors may be addressed directly by a community. For example, Extreme Economic Deprivation can be addressed by supporting policies and practices that create higher levels of employment or higher income levels. Alternatively, risk factors can be addressed by the generation of protective factors within the Social Development strategy. Note that all of the OJJDP protective factors address all of the risk factors (Table 1, column 3). Table 1: Domains, Risk Factors and Protective Factors Domain Risk Factor Protective Factors Community 1. Extreme Economic Deprivation 2. Availability of Drugs 3. Transitions and Mobility 4. Low Neighborhood Attachment and Community Disorganization Healthy 5. Community Laws and Norms Favorable Toward Beliefs Drug Use, Firearms, and Crime 6. Medial Portrayals of Violence Clear 7. Availability of Firearms Standards Family 8. Family Management Problems 9. Family Conflict Bonding: 10. Favorable Parental Attitudes and Involvement produced by in the Problem Behaviors 11. Family History of the Problem Behavior Opportunities School 12.Lack of Commitment to School 13. Academic Failure Skills 14. Early and Persistent Antisocial Behavior Individual/ 15. Early Initiation of the Problem Behaviors Recognition Peer 16. Friends Who Engage in the Problem Behavior 17. Rebelliousness 18. Favorable Attitudes Toward the Problem Behavior 19. Constitutional Factors 3 Copyright 2014: City of Corpus Christi,Texas To reduce the problem behaviors, Figure 1: Social Development Strategy community prevention and intervention Protective Factors efforts should be targeted at reduction of Healthy Behaviors identified risk factors and in the development of and strengthening of Healthy Beliefs lear Sta protective factors detailed in the Social C ndards Development Strategy (Howell, 1998: Bonding 23) as diagramed on Figure 1 and listed Attachment&Commitment in the third column in Table 1. Healthy behaviors are supported through Opportunities Skills Recognition establishing healthy beliefs, clear standards, and bonding. Bonding s Individual g g Characteristics supported by providing children with Howell,1998 meaningful, challenging opportunities to contribute, teaching them the skills they need to take advantage of opportunities, and providing recognition for their efforts in order to reinforce skillful performance and contribution (Howell, 1998: 23-24). The Guide, and in greater detail, the Research Guide to What Works (Wong et al, 1996)provide descriptions of programatic forms that have been successful in addressing specific risk factors through Figure 2: Social Development Theory evaluation research. Specific Program program types generate protective Academic support factor effects which in turn Mentoring With academic success ameliorate the negative effects of Reinforcement Recreation Factor Graduation risk factors. This process is i=�C'd®6" �i► College Entry ....... described on Figure 2. Programs Promote Employment Healthy Beliefs such as mentoring or academic Promote Clear support promote clear standards Standards RiSl%Factor A - - ol Problem and healthy beliefs which support ""' cademic Failure Behaviors academic success and the Dropout proceeding positive outcomes. Delinquency Unemployment Successful production of protective factors not only mitigates against the risk factors, but problem behaviors such as dropout and delinquency may not develop. Instead targeted youth should be academically successful though high school graduation and have positive choices of professional training, college entry, or gainful employment. For a government agency, a non-profit organization, or a community as a whole to effectively address a particular problem behavior by generating protective factors, it must know which risk factors are most significant in the community. Those significant risk factors are identified by collecting current, valid information on data indicators shown by research to identify the presence of specific risk factors. YOU was guided in this effort by the Communities that Care Data Workbook(Catalano, Chappell, & Hawkins, 1998) which links data indicators to risk factors. This work was begun by the 4 Copyright 2014: City of Corpus Christi,Texas volunteers of the YOU Data Collection and Analysis Workgroup and was passed to the YOU Data Collection and Analysis Office at the SSRC as funding was received for YOU. The 2010 project and the current one have been supported by the Commission for Children and Youth and the Parks and Recreation Department of the City of Corpus Christi. Funding for the current effort came from a variety of organizations with a significant share from the Corpus Christi Crime Control and Prevention District. This report continues to use the risk factors specified in the Guide. Additional data indicators have been added. This report and its allied documents provide updates to the most current year of data available within the tables of indicators. For most data indicators, information is available in the Delinquency Risk Factors with Supporting Data Indicators from 1990 to the most current year(20 10 to 2012 depending on the indicator). The Delinquency Data Indicators Graphics File provides visual displays of data typically for five years. However, some charts are for fewer or more years. This graphics file also contains charts for data reported in the Nueces County Data Profile, a report that provides description of demographic, health, social, economic, housing, and educational characteristics for Nueces County that are not theoretically connected to juvenile delinquency, but that may be useful of planning, grant writing, and program planning purposes. This report begins with comments about the County population. Then, it provides an overview of the Primary Risk Factors. It continues with a discussion of each of the 19 risk factors in sections for the Priority Risk Factors followed by other risk factors that have a clear impact and contribute to delinquency in the community, and risk factors for which a clear, strong conclusion cannot be made. THE POPULATION CONTEXT The population context for Nueces County remains important. Population data tables are found both in the Delinquency Risk Factors With Supporting Data Indicators file and the Nueces County Data Profile: Selected Demographic, Health, Social, Economic, Housing, and Educational Characteristics file. Population figures indicate that Nueces County continues to have families with fewer working age adults available to provide for the young and elderly. The 2011 and 2012 population estimates indicate that Nueces County continues to grow at a slower rate than the State as a whole. Nueces County grew only 8.4%from 2000 to 2010 while the State grew 20.6%. By 2012, Nueces County had 25.4% of its population age 17 and younger compared to 27.3%in Texas. At the same time, 12.6% of the County's population was 65 years and over while only 10.3% of the State was 65 or over. Nueces County had only 62.0% of its population in the 18 to 64 age range that is the primary group available as workers and taxpayers compared to 62.4%for Texas. While this is not a large difference these figures indicate that the County has fewer young people moving into the working ages and more aging out of the working ages. Indeed, the County has 5.5% of its population that is 75 or older compared to only 4.5%for the State. That Nueces County has slightly fewer persons in the working age range is compounded by 5 Copyright 2014: City of Corpus Christi,Texas the issue of whether or not these individuals can work. In the 21 to 64 age group in 2012 for Nueces County, 12% had a disability compared to a lower 10%in Texas. These data do not show what proportion of those with a disability have limitations on their capacity to work, but it is logical to assume that that proportion is higher in the County than it is in Texas as a whole. In 2012, the County had a median household size of 2.68 that is lower than the State's 2.75. The County had a median family size of 3.23 which was also slightly lower than the State at 3.31. Also, 36.4% of Nueces County households have persons under 18, while 38.9% of households Statewide have persons under 18. These data on household and family size appear to show an advantage for Nueces County with slightly smaller family size, but data on family composition reveal problematic realities. Nueces County has more single parent families with 3.4% of families with children having only a male head of household and 8.7%with only a female head of household. Texas reports 2.5% and 8.4%respectively. Therefore, while Nueces County families are about the same size as those in Texas, the County has more that have only one adult. Also, found in the County data (2011)is that 10,799 grandparents live with their own grandchildren. Of these families, 48.6%in Nueces County, but only 42.8%in Texas, the grandparent(s)is (are) responsible for the children in the home. Therefore, while Nueces County families are slightly smaller than the State average, they are more likely to have a single parent or a grandparent as the responsible adult and are more likely to contain a disabled family member. With a lower household median income in 2011 than the State ($49,390), Nueces County ($43,470) has more families, adults, and children in poverty. Nueces County families must try to support a similar number of people as families in Texas as a whole with fewer workers available and less income for those that do work. Nueces County families have fewer resources available to deal with risk factors in this community compared to the State. PRIORITY RISK FACTORS: AN OVERVIEW Within the comprehensive strategy process, data indicators are collected for each of the 19 risk factors. A judgment(here by the authors)is then made about each risk factor in regard to their probable effect on the problem behaviors in the community and their importance compared to the other risk factors. The risk factors that are shown by data and analysis to have the most serious effect and strongest proof of existence are labeled Priority Risk Factors. For the purposes of planning and creating prevention and intervention programmatic responses, Priority Risk Factors are the most important to address and their amelioration or prevention will have the greatest effect in reducing the problem behaviors. The data reported here confirm a group of six (6)risk factors as the Priority Risk Factors for Nueces County/Corpus Christi. This group has changed little since the 1999 YOU Comprehensive Plan and the last group reported by for the Commission in 2010. This report concludes that the Priority Risk Factors for the community include: 6 Copyright 2014: City of Corpus Christi,Texas 1. Family Management Problems 2. Family Conflict 3. Extreme Economic Deprivation 4. Favorable Parental Attitudes and Involvement in the Problem Behaviors 5. Lack of Commitment to School 6. Early Initiation of the Problem Behavior The Priority Risk Factors appear to be fueling the five problem behaviors: delinquency, violence, substance abuse, drop out, and teen pregnancy. Of significance are the data indicators related to the problem behaviors of delinquency and substance abuse. These indicators demonstrate that for both adults and juveniles alcohol and substance use and abuse have remained higher than levels reported for the State. Over the past 5 years, adult arrests for alcohol offenses have remained declined , remain double the level for the State. Arrests for drug offenses have also decreased but remain higher than the State. Adult arrests for property crimes have remained stable, but a recent increase has occurred with violent crime. Juvenile arrests for both alcohol and drug offenses have decreased, but remain higher than the state. Juvenile arrests for violent and property crime reflect rates double those for the State. Juvenile arrests for property offenses among those 10 to 14 years of age have increased significantly in the past 3 years of data. This younger age group demonstrates a rate of arrest for violence that is triple the rate for the State. Also, the rate of arrest of all juveniles for curfew, vandalism, and disorderly conduct has increased. Data show that school attendance rates have remained stable and attrition rates to graduation have declined. However, these are worse than State rates. While the rate of teen pregnancies has declined, the County rate remains higher than that for the State. The priority risk factors are those which are clearly �gur�3' indicative of problems for Corpus INTEORATER CLUSTER OF CAUSES Christi and Nueces County. They lll4"aimmmiillly(";ouriffl�ic�0 aurin�l �l�urms��p,�^�immma,urm�P robllla,ums form an integrated cluster, related by cause and effect with each riskam ; �C Luc Ill Oir set factor also serving to compound ^"�� ��r��� � m,i« Of 1"irobllieni the effects of the others. This � �"ll "�'"`�'"��"'�""° BellVmaviais relationship is demonstrated on the Figure 3. It shows that all of Favoiralbllic\7. ; the Priority Risk Factors relate to 111a reiirnt alll each of the others. Worsening t m'i'm udcN Lack of�. �mimmmimmm�i��comma^,icing To ScIlloolll conditions or improvements in any priority risk factor will have an effect on all of the other factors. If risk in one area can be prevented such as some improvements in economic conditions or parental capacity to manage families, it is likely that lack of commitment to school and early initiation of the problem behaviors will decrease. 7 Copyright 2014: City of Corpus Christi,Texas Of concern the County's economic conditions that appear to have improved without reducing the number of families and children that live in poverty. Extreme Economic Deprivation may have increased for the County's children. While per capita income has been steadily increasing in Nueces County, the large gap remains between the County and the Statewide and National income levels. The proportions of County families and children in poverty remain higher than the State and Nation and have increased. The proportion of families with children in poverty reached its highest recorded level in 2011 at 21.8%. The proportion of children also reached its highest recorded level in 2011 at 33.5%. This record has also been set for the proportion of children from economically disadvantaged families in the Corpus Christi Independent School District(69.8%in 2011-2012). The proportion of children from economically disadvantaged families was higher in the 2011-2012 school year than in the 2006-2007 school year for the Calallen, Corpus Christi, Flour Bluff, Tuloso Midway, and West Oso School Districts. Extreme Economic Deprivation is not just an important risk factor for this community. It may be the driving force in Family Management Problems and Favorable Parental Attitudes and Involvement in the Problem Behaviors. It appears that the worsening economic conditions for families and children have contributed to a stability in Family Management Problems and Family Conflict. In 2012, the rate of abused children per 1,000 children was significantly lower than its record high in 2009 for the County, but remains more 36.9%higher than the State rate. Also, in 2011, a record number of children were treated for child abuse at Driscoll Children's Hospital and the record rate of confirmed Adult abuse cases was tied. The rate of family violence reports per 1,000 population reached a high in 2011. Stress from both economic conditions and family conflict contribute to adult participation in criminal behavior which, in turn, provides negative role modeling for youth. The data for Favorable Parental Attitudes and Involvement in the Problem Behaviors indicate much higher rates of involvement in crime by adults than for the State as a whole. While the adult arrest rate in 2011 for violent crime in the County is slightly lower than in 2009 increased from 2010 to 2011. For 2011, it is 79.0% higher than the rate for the State. The 2011 County arrest rates for alcohol offenses show a decline from 2008 and property offenses while increasing are still below the 2008 high. However, alcohol arrests were 110% and property arrests were 70.2% higher than the 2011 State rates. The County rate of adult arrests for drug offences stabilized over the 2009-2011 time compared to the previous 5 years, but in 2011 it was 70.8% higher than the rate for the State. The sale of alcohol has been increasing as has the number of adults in drug or alcoholism treatment. The rate of adults in treatment in the State has been declining. The County rate is 544.8% higher than that for the State. Role modeling of negative behaviors at an early age is found within the data indicators for Early Initiation of the Problem Behavior. The rate for property offense arrests for the 10-14 age group in the County had decreased to lows in 2006 and 2007, but since that time the TCR rate of arrest has increased 81.6%to an all-time high in 2011. For that year, it was 144.2% higher than that for the State. The 10-14 age group's rate of arrests for violent offenses has demonstrated an increasing trend in the County over the 8 Copyright 2014: City of Corpus Christi,Texas four years leading to 2008 and then doubled in 2010. It dropped back to the 14.5 per 10,000 rate in 2011. At that level, it was 159.8% higher than the State rate. For drug offenses in the County, the rate for this age group reached a peak in 2009 in both Texas Crime Reports (TCR) and Juvenile Probation Department figures. It dropped to a low in 2011 in TCR data, but remained double the rate for the State. The Juvenile Department figure for 2012 reflects an increase from 2011. These and other indicators in the report clear show that youth initiate their participation in the problem behaviors at an earlier age here than in the State as a whole. The risk factor Lack of Commitment to School remains in the Priority Risk Factors because its data indicators demonstrate recent issues with remaining in school. Juvenile Probation Department data indicate that referrals for truancy significantly increased in 2010 and 2011 even though the rate dropped significantly in 2012. The same agency reports that referrals for have declined from 2008 to less than half that level in 2012. A measure of attrition, the number of entering 9th graders that are still present at graduation from high school, indicates a reduced number of youth failing to reach graduation from the class of 2005 to the class of 2011 where the attrition rate was 30.2%. While improving, the large proportion of youth that do not complete high school still indicates a Lack of Commitment to School in the County. The integrated nature of the priority risk factors is a reminder that the community's work must remain collaborative and comprehensive. Programmatic advances in the City/County need to be integrated with and contribute to the range of protective responses already in place. The work of the future needs to remain focused on the Priority Risk Factors and Factors with Clear Impact as detailed in the following. PRIORITY RISK FACTORS: THE DETAILS 1. Family Management Problems 2. Family Conflict 3. Extreme Economic Deprivation 4. Favorable Parental Attitudes and Involvement in the Problem Behavior 5. Lack of Commitment to School 6. Early Initiation of the Problem Behavior All of the priority risk factors are related to the five problem behaviors: delinquency, drug abuse, teen pregnancy, violence, and dropout. Their integration assists in designing strategies for their amelioration and strategies chosen to affect one will likely affect the others. At least one of the four priority risk factor sets is found in each of the four domains: community, family, school, and individual/peer. Thus, appropriate response strategies may be found in any of the four domains. The Priority Risk Factor Sets are reported in their order of seriousness for the community. 1. & 2. Family Management Problems and Family Conflict. 9 Copyright 2014: City of Corpus Christi,Texas These risk factors have been grouped together because they are inherently related. Families that are experiencing management problems are families in conflict. Failure of a marriage due to conflict is a failure in cooperative management of the family as a social unit. The research literature well supports the conclusions that child abuse, domestic violence, family conflict, and failure of parenting contribute to juvenile delinquency and adult criminality. These problems contribute to the cycle of violence wherein children growing up in negative environments grow up to be ineffective and potentially abusive parents themselves. Nueces County is an example of the reality of these research findings. Family Management Problems: From 2007 to 2012, the total investigations for child abuse and neglect increased 1.7%for the State. In the same time period, total investigations decreased 19.4%for Nueces County. During the same time, the State recorded a drop of 8.7%in confirmed cases from those investigations while the County recorded a drop of 39.7%. However, these data conceal the more disturbing fact that the rate of confirmed victims of child abuse in Nueces County is higher than that for the State. From 2007 to 2012, the State rate (per 1,000 children) of child C h i Id Abuse Confi rme d Victims abuse confirmed victims 25 decreased by 13.4%to 22 9.7. In the same time, the z Nueces County rate 14.5 1A q decreased by 43.7%to a ; 's 12.; rate of 12.6. This dramatic 8 � 10.5 10.2 9.9 9.7 rT ,� decline is a very positive change. However, the s County rate of confirmed child abuse victims a remains 29.9% higher 2007 2008 2009 2010 2477 2012 than that for State. This ®sxaxe [I N ueces difference is likely due T`: -W.VF"M only in part to a higher reporting rate in the County. It most likely reflects a real difference in the number of children experiencing abuse. These data do raise some interesting questions. Child abuse rates tend to be responsive to economic conditions and indicators of adult behavior. Employment levels have dropped and while income levels have increased, family and child poverty have increased over the time period that child abuse rates have decreased. The reverse should be true. Also, adult crime levels have either dropped or remained relatively stable. These crime rates would support some, but not such a large decline in the child abuse rates. The reduction in child abuse rates from 10 Copyright 2014: City of Corpus Christi,Texas 2008 to the present is a very positive change that appears to be occurring in the face of trends that would mitigate against such improvement. Child sexual abuse victimization has Child Sexual Abuse ConfiiirmedVic'tims been a significant problem for Nueces County when compared 2 ' 'S to the State. From 2003 to 2008, the State rate 1 (per 10,000 children) of 12 confirmed child sexual abuse victims decreased $ 18.9%to 10.04. During 6' this time period, the 2. Nueces County rate 0 decreased 19.9%to 2007 2008 20109 2010 2011 2012. 18.55. It remained near ®state that level through 2011 T� dFaftiNaWP—=t� � and then declined dramatically as noted on the chart. The State rate dropped 6.5%from 2009 to 2012 for a rate of 8.6 per 10,000 children. The County rate decreased over the same time period by 106.7%to a rate of 9.4 in 2012. Confirmed child abuse victims can be further evidenced Chl i Id Abuse Victims Served at through the number of clients Driscoll Children's Hospital served by local response 1 75�.... 11352 1 0�4 Children's ospital reports an ' agencies. 21 0 1 577 38.6/o increase in child abuse 500 ..... .... 4� ------ -------------- -------------- ---- ..... ..... victims treated from 2007 to 2012. This continues a long term 1,200 trend for the Hospital. It should s0 ........ be noted that Driscoll Children's Y Hospital serves a region and that za , z�a , - --- only a P ortion of the children z � 2m � 2 identified as abused come from Nueces County. This does point to a problematic trend within the region served by the Hospital. 11 Copyright 2014: City of Corpus Christi,Texas The number of children Child Abuse Victims Served by Coastal served by the Court Appointed Bend Clhildren"s Advocacy Center Special Advocates (CASA) of .............................................................................................................................................................................. the Coastal Bend generally 1 ;° 1492 1407 1525 1573 increased from 2003 to 2011 to 731 its highest level. In 2012, the 1200 ` number of children served dropped 21.1%to 336 children. 14 From 2007 to 2012, the number of children treated at 400 Costal Bend Children's ........ -------- ------------ Advocacy Center for sexual assault and serious physical 2007 2008 2DG9 2070 2017 2072 abuse increased 10.4%to 1,513 with a much lower figure occurring in 2010 (see Chart). Note also that the data for these two agencies reflect regional service areas, not just Nueces County. However, these figures help provide an understanding of the need for victims' services and the significant workload being experience by local agencies. From 2006 to 2011, the State rate (per 1,000 children) of children living in Children I I1 Foster a f� foster parent homes increased 70 27.7% after a two year 8.3 decline. The Nueces County $ has demonstrated an overall decline from 2006 to 2011 as _ 4.,9 seen in the Chart. The County rate dropped 27.9% across that time period to a lower S 2. rate of 6.2 than that for the 0 _J 11� E State at 6.9. This is the first 2006' 2M7 200€3 2'OD9 2010 2077 year on record where the ®State owaecq County rate for foster care I T. ,IFmm'" has been below that of the State since the data collection effort began in 1998. Two alternate sources of data for runaways have previously existed and permitted comparisons between National, State and County data. The National crime reports appear to have terminated the reporting of runaway. The State level data from the Juvenile Probation Commission for all juvenile offenses is not available for the past 5 years due to software issues. What can be said is that at all levels runaway appeared to have been decreasing across the previous decade. A low of 7.2 referrals per 1,000 youth was recorded in Nueces County for 2008. Since that time higher rates of runaway have been reported. The rate in 2012 of 12.15 is a 68.5%increase over the 2008 rate, but it is half 12 Copyright 2014: City of Corpus Christi,Texas that from the 2000 to 2002 time period. Where data are available, County runaway rates have been higher than those for the State. The data indicators reported above demonstrate that Family Management Problems remain significant in the community. However, higher levels of confirmed child abuse cases and children served by Driscoll Children's Hospital and the Advocacy Center indicate that the community provides services to a greater number of victimized children and their families than elsewhere in the State. These services produce protective factors for this risk factor. It may be a very positive thing that agencies have increased their service delivery. Family Conflict: According to The Texas Crime Reports, the State rate (per 1,000 population) of family violence reports dropped about 8 from over the 2006 to 2009 period to 6.9 in 2011. From 2007 to 2011, the Nueces County Family Violence Reports rate increased 6.3%to 15.2. According to the 18 Corpus Christi Police 15 14.7 14.7 U.' 15.3 15.2 Department, from ISA 13.6 3,.a 2007 to 2011, the 1 Corpus Christi rate of 0 IL family violence 7.7 reports has varied, but has ended slightly IL lower at 14.3. It is 3-- 1 lu strikingly clear that 0 family violence is a 2007 208 2009 2494 2477 serious problem in ®State [IN u, ®ccw Nueces County because both the Nueces County and Corpus Christi rates are significantly higher than the State rate of family violence reports. The County rate for 2011 is 120.3% higher than that for the State. The data show that a greater proportion of the County's families are in conflict than those in the State as a whole. The County and the City rates appear to be relatively stable and consistently higher than the State's. An indicator that domestic violence in Nueces County has been at a higher level than the State are the figures for the number of domestic violence victims served by the Texas Health and Human Services Commission. From 2003 to 2009, the number of victims served in Texas decreased 0.8%. From 2004 to 2009, the number of victims served in Nueces County increased 28.4%. Note that these figures are older than most in this report. Attempts to obtain more recent data have not been successful. The Project will continue to seek these data for future adjustments of the data file, charts and report. Newer figures were available from the Women's Shelter of South Texas. These data indicate that while the number of women and children served by the Shelter decreased 13 Copyright 2014: City of Corpus Christi,Texas over the 2007 to 2011, an increase was experienced in persons Served 2012 to much higher levels. Women's Shelter of South, Texas The increase from 2011 to 554 499 2012 in adult women being provided shelter was 26.8%. 450 � � 4 350 3 34 From these two indicators, it may be 250 concluded that family conflict remains a problem � ° in the community. It is 50 important to see these data also as indicators that -50 services are receiving oAdultPomen ®children services. These services provide a protective response that mitigates against the effects of the risk factor of Family Conflict. When examining the A+ult Ab!I se Confirmed Victims data from Texas Department of Family and Protective Services 6 on confirmed adult abuse 5 5 5 victims, the State rate (per 1,000 adults) has increased a 4 4 4 from 2.6 to 3 from 2007 to 3 3 2011. In the same time period, C�, the County rate has fluctuated w, between highs and lows but has basically increased 25% to a rate of 5.0 in 2011. The 2007 2008 zmcua 2010 2011 higher rate of adult abuse in the County compared to the State ® ' e ° "�� mirrors that of the child abuse re,c7x�_W.V r-;nmrV;er�w p =� �Am present in the County. The 2011 rate reflects a continuation of an increase in the rate of adult abuse that started in 1998. Since 1998 when these data were first collected for earlier editions of this report, the divorce rate in Nueces County has been higher than the State divorce rate. However, that changed in 2010. The divorce rate for the State remained stable at 3.3 per 1,000 population from 2005 with few exceptions. It then declined to 3.1 in 2011. The County rate had been above 4.2 and as high as 4.8 across this same time period. It fell to a lower rate than the State in 2010 for the first time and dropped again to an all-time low of 2.4 per 1,000 population in 2011. The information in the Nueces County Profile on marriage indicate a marriage rate for the County that had been above 7 per 1,000 population from 14 Copyright 2014: City of Corpus Christi,Texas 2005 to 2009. A one year drop to 6.2 was experienced in 2010 and then an increase occurred to 7.7 in 2011 and again to 9.0 in 2012. A change is also found at the 2009 time point in the proportion of all households headed by single adults. The proportion of Divorce household headed by a s single female with no husband present had been 4.3 41, 30% or higher until 2009 4 3.4 3,.3 3.3 3.3 3.'3 3.7 3.7 where this category has dropped to the 15-17% 2.,4 level. The proportion of C2 households headed by a I single male with no wife AAA, AAA. present had been at 9-11% ° 2006 2007 2000 2009 2{M0 2411 until 2009 where it has dropped to the 6-7%level. ®s�x� °"�' , ��n In both categories, the Tw�� . proportion of these single adult household with children is higher that the State level across the 2010-2012 time period. It is possible that the economic conditions of the County contributed to an increase in marriage and a decrease in both divorce and households with single parents. This speculation is supported by the data below which shows that child poverty was decreasing in the County through 2008 and began a dramatic increase in 2009. At the same time increasing median household income reversed with a significant drop in 2009 even though it has begun to rise again. It is very possible that an increase in marriage and a reduction in divorce in the County are related to economic conditions over the past 5 to 6 years. The data presented above demonstrate that the two risk factors Family Management Problems and Family Conflict are clearly present in the community. Data indicators for child abuse and other forms of domestic violence show higher affects here than in the State as a whole. 3. Extreme Economic Deprivation. Family management problems and conflict occur often in situations of family stress. A significant stress on families are their financial conditions. The following data show some gains for Nueces County. However, economic conditions in the County are worse overall than in the State. Extreme Economic Deprivation remains an important risk factor for this community. Nueces County clearly demonstrates worse economic conditions than the Nation or the State. One way of looking at economic deprivation is through the use of per capita income figures. Per capita income in the Nation, State, and County increased over the decade leading to 2009. For this whole time period, the County per capita income was lower than that for the State and the State's was lower than the Nation's. From a peak in 15 Copyright 2014: City of Corpus Christi,Texas 2009, per capita income fell at all levels in 2010. Per Capita Income It has come back from $45,000 that low at all levels. The 2010 to 2012 increase for the Nation $ 000 was 7.6%to $$41,560. In the same time period, ■iiiiiiiiiii "' wum the per capita income in $35,000 $ 119 CL:� Texas increased 9.7%to $40,147 and the per capita income in Nueces $30,00+0 County increased 11.6% 2007 2008 2009 2010 2011 2012. to $38,441. la"ationall4ouState A Nueces, 7-, fb- C—r—k While the recent improvement is remarkable and is at a higher level for the County than for the State or Nation„ the per capita income in Nueces County is still significantly lower than the Nation's and the State's. As noted on the graph, Nueces County residents earned $3,119 less per capita than the National income figure for 2012, a difference of 7.5% of the national figure. The median household income for the Nation, State, and County levels had Median Household Incom e been steadily 5e increasing from 1990 521.E until 2009. The 50°740 WdW ' I ' recession caused a 47° drop of household $4 , 451171 income at all levels. 41,1 4,�; 01 The County drop was , w,. 9.6% of the 2008 37,477 level. From 2009 to S131511M 2011, median household income has , improved at all levels, 2046 2047 20018 20019 2010 2011 but it has not yet ®Nation ll ®State °Nueces +j.S,anus;9.--;rnu returned to the highs °" `"-a in airt,�E�Mmn recorded in 2008. For all of the time in the available data, the State has ranked behind the National level with the 2011 State median income being $49,390 compared to the National median income of$50,502. The County median ranks even lower than the State's. In 2011, the County's median household income was $43,470. The County's median is $5,920 less than the State's and $7,032 less than the Nation's median income. 16 Copyright 2014: City of Corpus Christi,Texas These data mean that families in the County, though of similar size to that for the State have less income to cover the needs of family life. Unemployment in Unemployment the County had historically been higher 9'° than State levels. It is 6•.0 possible to demonstrate 7.0 this with data extending 6.0 49 back more than forty 4.9 years. However, more 4JD recently, from 2007 to 2011, unemployment 2.0 rates in Nueces County 1.0 have been lower than 0.0 those in Texas. From 2006 2007 2DC1,8 209 2010 2011 2003 to 2008, ImNat;onal ® unemployment in Nueces T— r � County decreased 29.2% to a percentage of 4.6. At that point the economic downturn caused a return of much higher unemployment rates for the Nation, State and County. The increase in unemployment for the County from 2008 to 2011 has been 65.2%from the low of 4.6 to the 2011 level of 7.6. An important consideration about employment is described in the Nueces County Profile report. The County's employment situation is better than the State's in number, but not in the nature of the jobs available. The County has a greater proportion of its jobs in lower paying positions in industries that do not necessarily provide higher levels of income. Thus, with better unemployment figures, income levels as per capita income and as median household income remain lower than those for the State. The proportion of families living below the Families Living n In P'ovefty poverty level has been 2614 gradually increasing for 21.8 the Nation, State, and 1 ' � °�'� County regardless of 17AM 17.1 15.65% 15-99%, 15.6 15.E 16.01 changes in employment , 12.7f%, 01 rates and median family 106 income levels. From 2007 to 2001, the .,20 proportion of families • living below the poverty RL level in Nueces County O increased 36.3%. This is 2006 2007 2006 2609 20101 20411 a lower increase than ®n1Wonaii ®51a1e o Nuem� that for the Nation that 17 Copyright 2014: City of Corpus Christi,Texas increased 72.0% and the State that increased 45.1%. From 2004 to 2011, the proportion of families living below the poverty level in Nueces County has been higher than that for the Nation and the State. In 2011, the County's proportion of families in poverty was 21.8%which was higher than the State at 18.5% and the Nation at 16.0%. The accompanying chart shows this annual increase of families in poverty very clearly. A much starker Child Poe.rty image is found with the proportion of children 40.0 living in poverty. The percentage of children 30A A in poverty in the „ Nation, State, and 22.260 has increased to mui 2011 from lower levels U found in 2006 and IL 2007. The State and County proportions had actually dropped to lows by 2008 (for the 2006 2007 2008 2009 2014 20,11 County a record low), M N&onalli ®state o N u� but began to climb to Svrr�l�'waimsmc rnr6',arc;+�hnies higher levels that have set all-time records. The increase for the State from 2008 to 2011 has been 20% and for the County it has been 32.9%. The 2011 County figure means that slightly greater than one-third (33.5%) of the children in the County live in conditions of poverty. The County's proportion is 45.6% higher than that for the Nation and 24.1% higher than that for the State. The change from a record low level of children in poverty for the County to a record high in four years will potentially contribute to undesired changes in educational and delinquency indicators over the next several years. Economic deprivation is also evidenced by the school district data on children from economically disadvantaged families. These are students that qualify for free or reduced cost lunch due to their families' economic status. Data for the State and the six largest school districts in the County are found in the Risk Factor Data File and for all school districts in the County in the Nueces County Profile Data File. For the State and four of the largest school districts, the proportion of students from economically disadvantaged families has increased over the 2007-2008 to 2011-2012 academic years. Some reduction in that proportion has occurred in the West Oso and Robstown Districts. However, these last two districts remain considerably higher than the State and the other districts in the County as can be seen on the chart. 18 Copyright 2014: City of Corpus Christi,Texas The proportions in the Students ,from Economically 2011-2012 school year ranged as low Disadvmtaged Families as 42.6% for 11 Calallen ISD to as 8$•3, 8,73 88.6 88.2 high as 88.2% for g . West Oso ISD. " CCISD reported 511„11 ss,,�a 69.8% of its 5"'5 5" ' 4'5 5 1 2.6 students to be economically disadvantaged that year which 0 .. 11 a. ....... establishes a 2M-110 2010111 20111-112 record high. This ®.state CallaiRen ®c sD oF�ourBllutf CCISD figure is E Robstwffl ®Tuuliow-Mdmay 0 We 01 so important as the n--Zlll m number of students in that District totals more than the others combined. The 2011-2012 proportion for CCISD is an 11.8%increase over its 2007-2008 figure and is 15.6% higher than the State proportion for 2011-2012. Summed across all of the reporting districts in the County, it appears that a majority of local school children come from economically disadvantaged families. An increase has occurred in the number of infants and children (Age 0-4) receiving assistance through the Women, Infants, and Children (WIC)program at the State and County levels. From 2005 to 2010 the State recorded an increase of 7.6%to 43.6% of children age 0-4. At the same time the County recorded an increase of 11.4%to 51.6%. This was 12,429 children in the County, a record number and a higher proportion (18.3% higher)than at the State level. The percentage of children under 18 without health insurance coverage in Nueces County for 2010 was 11.3%. This is higher than the proportion for the Nation at 8.5%, but lower than that for the State at 15.3%. In relation to these figures, the proportions of children enrolled in CHIP for the State and County in 2012 were 8.0% and 8.1% respectively. This is a very good increase in enrolled children from the low in 2007 of only 4.8%. The Project has had difficulty in obtaining data for recent years for State subsidized child care and the number of children in Head Start. Notice also that the information on insurance was found only to 2010. Some continued effort will be made to find these data. They have not been found on appropriate web-sites and e-mail and telephone requests for the data have not been answered. 19 Copyright 2014: City of Corpus Christi,Texas Children in families receiving Supplemental Nutrition Assistance or SNAP (food stamps) as measured by the proportion of children 0 to 17 (monthly average) had drastically increased from 2001 to 2006 at both the State Children in Families and County levels. This Receiving SNAP (Food Stamps) increase continued to 2010 and then a small decrease has 40 35„,3 36.2 35,3 34.6 occurred to 2012. However 3 ' 3,0 the State proportion increase 3� 4A 26A from 2007 to 2012 has been m s' 20.5 20.2. 41.9%while the County 0 increase has been only ' ' 10.2%. The County 7a proportion of children 5 receiving NAP remains 4 g ns z007 z ,s 29 201 ID 2077 21N 2. higher than that for the State. ®sxate [IN us The County's proportion in 2012 was 34.6%which was 18.9%higher than that for the State at 29.1%. The number and proportion of children age 18 and under enrolled in Medicaid have increased at both the State and County levels. From 2007 to 2011, a 20.9%increase in the proportion of children enrolled in Medicaid occurred at the State level and only a 1.3%increase occurred at the County level. As the County proportion has been relatively similar across the past 5 years, the State figure has climbed higher. Thus, in 2012 the County proportion of children enrolled in Medicaid at 37.5% was only 13.98% higher than the State proportion at 32.9%. This is the lowest difference between the County and State proportions since 1999. The number of children in families receiving Temporary Assistance for Needy Families (TANF) decreased significantly from 2005 to 2010 at both the State and County levels. During this time period, a decrease of 48.1 % occurred at the State level and a 50.0% decrease occurred at the County level. When examining the percent of children in families receiving TANF in 2010, the County had a higher percent(21.4%) enrolled when compared to the State. The decrease does not appear to be in relation to actual economic conditions in the County or the State, but rather it is due to changes in policy concerning eligibility for assistance. From 2007 to 2012, the number of food stamps recipients of all ages in the County increased 22.9%, Medicaid recipients of all ages increased by 12.3%, from 2007 to 2011. These data show that the number of individuals receiving State aid has increased in the County, as have the major indicators of poverty. The large increases in State assistance do not appear to be due to policy changes. They appear to reflect a growing poverty problem in Nueces County. More families and children are eligible for assistance 20 Copyright 2014: City of Corpus Christi,Texas because more families and children are living in conditions of poverty. These data indicators demonstrate that Extreme Economic Deprivation is a significant risk factor for the community. 4. Favorable Parental Attitudes and Involvement in the Problem Behavior. Children whose parents or guardians engage in problem behaviors our who have expressed attitudes that are favorable to such behaviors are likely to engage in the problem behaviors. A clear pattern appears between the data indicators for this risk factor and Early Initiation of the Problem Behavior by juveniles. When examining adult and juvenile violent crimes, property crimes, alcohol- and drug-related arrests, Nueces County has a significantly higher rates than the State. Violent crimes as counted here include Adult ICl1' � I " f f ' homicide, aggravated assault, robbery, and sexual 40 assault. Adult violent crimes arrests have remained 25.64 relatively have been a 25.67 2�3 declining in the State, but a 2AS 2 after a decrease from 2008 1S.'2 m , 15.3a n .n rT to 2009, violent crime arrests have increased in the County to 2011. From 2007 to 2011, the rate of adult 2406 2007 2008 2009 2{n0 2011 (per 10,000 adults age 17 years and older)violent ®s1� °"�' TD PS,4'.x3a'CrII­W_p­ crimes arrests decreased in Texas by 17.23%to a rate of 15.1 per 10,000 adults. In the same time period, the rate in Nueces County decreased 11.2%to a rate of 27.03 per 10,000 adults. While the County arrest rate for 2011 is lower than that for 2007, it is higher than the lows recorded in 2009 and 2010. The County 2011 rate is 79.0% higher than that for the State. The proportion of homicides committed with firearms has increased in the State to a high of 69%in the data recorded by this Project(1999-2911). For the past 5 years that proportion has been 65% or higher. Also, for the County the 66.6% of homicides committed with a firearm for 2011 was the highest proportion since 2003. From 2007 to 2011, the County's proportion increased 12.7%. From 2003, the County proportion of homicides committed with a firearm has been lower than that for the State. However, the increase in 2011 brings the County's proportion much closer to that for the State. The proportion of robberies committed with firearms in Texas has been higher than that for the Nation since 1998, the year for which the Project first collected these data. The State proportion had increased from 2006 to 2010, but fell to 46%in 2011. In Nueces County, the proportion of robberies committed with firearms dropped from a high 21 Copyright 2014: City of Corpus Christi,Texas in 2006 to lower figures until an increase to 25%in 2011. The County has tended to have lower proportions of robberies committed with firearms than the State or Nation for the time period being recorded by the Project. The County proportion for 2011 is only 45.6% of the State proportion. The State has Aggravated Assaults Committed recorded proportions of With Firearm ream aggravated assaults committed with 25 Z' 211 Z15 24 firearms higher than � those for the Nation and the County since 15 1998. Both the State ��. and the National W10 proportion of I. aggravated assaults 5 committed with firearms have remained 0' fairly stable from 2006 2006 2 7 2008 2009 20'10 20'17 to 2011 with a very Im N 'onall ®state []N u small decline. At the , = 'OPE'T� II—Rap— County level, From 2006 to 2011 an increase has occurred of 28.9%. The County proportion remains lower than those for the State and Nation in 2011. At 18.76%in 2011 the County figure is 14.7%lower than the State's 22%. A chart for each of the offenses discussed is available in the Graphics File only the one for aggravated assaults is provided in this text. The data for the commission of violent crimes with firearms for the three crimes indicate that the County has a lower level of firearm use than the State or Nation. However, it is of concern that for all three offenses, the proportion of violent crimes committed with firearms has increased in recent years. A potential benefit exists with the lower use of fire arms in the County. Because injuries caused by firearms are more damaging than those committed by other weapons or hands, violence in the County, though more common, is likely to result in fewer deaths and fewer serious injuries. Adult property crimes (burglary, larceny, and auto theft) arrests have been relatively stable in the State and the County. From 2007 to 2011, the rate of adult(per 1,000 adults age 17 years and older) property crimes arrests decreased in Texas by 4,6% to a rate of 5,77 after some small increases. In the same time period, the rate in Nueces County fluctuated ending at a rate of 9.82 which was higher in 2011 by only 1.5%than 2007. The pattern that is consistent is that the County property crime arrest rate is higher than that for the State. For the 2011 figures cited above, the County rate is 70.2% higher than the State rate. A chart is available in the Graphics File. Adult alcohol-related arrests have decreased at both the State and County levels. From 2006 to 2011, the rate of adult(per 1,000 adults age 17 years and older) alcohol- 22 Copyright 2014: City of Corpus Christi,Texas related arrests decreased in Texas by 26.6%to a rate of 10.5. In the same Adult Alcohol-related Arrests time period, the rate in 3 Nueces County 27.41 decreased 18.8%to a 25 22.45 2:2.65 rate of 21.55. Even with 2, a 20 the decline, the County arrest rate for alcohol- 15 14 '2' ��' ' related offenses remains much higher at 110% of the State rate. The .� 5 alcohol-related arrest I III Fil�ll�ll�illi I UNION data and the drug arrest ° 2006+ 2047 2CCO 2009 2010 2011 data that follow should be considered in ®State °raU8 combination with the data found with data indicator on sales of alcoholic beverages linked to the risk factor Availability of Drugs, the data indicator on Alcohol and drug-related deaths linked to the risk factor Community Laws and Norms Favorable Toward the Problem Behaviors, and the data indicator on adults in drug or alcoholism treatment units linked to the risk factor Family History of High Risk Behavior. These data indicators provide a very clear picture that the County experiences a much higher rate of alcohol and drug use and abuse which does not just contribute to delinquency. Lives are damaged and lost, families are disrupted, and careers are either prevented or ended by this high rate substance use and abuse. Adult arrests for drug abuse violations have Adult Drug Abuse Violations Arrests decreased at both the State and County levels. From ' "�•��� 2007 to 2011, the State rate 15, of adult(per 1,000 adults age IM2 17 years and older) arrests 12 for drug abuse violations decreased by 13.6%to 6.92. The County rate decreased by 29.3%in the same time period. The County rate for 2011 is 70.8% higher than 2007 2008 2OD9 2470 2011 the State rate of arrests for ®st�t� orta � drug abuse violations. This pattern has been present from 1999. 23 Copyright 2014: City of Corpus Christi,Texas The Safe Communities Project Nuieces County Safe Communities Diriiver Survey reported from a 2009 In 'the past month, have you survey of 417 Nueces d riven after LJIS11"g .'? Countyresidents that ��������������������������������������������������������������������������������������������������������������������������������................................................................................... 30.8% of the 30.9 respondents stated 35 35 that they had driven 25 .............................. after consuming 20 12.T alcohol and 12.7% CL. 115 had driven after t consuming a s prohibited (illegal) ohol Prohibited Drugs drug in the past 02006 month. The 2009 Nw .0...4Y .C.—A�b. Su . results demonstrate a pattern of increased reporting of alcohol use before driving in the Nueces County surveys from 2000 to 2002, 2006, and 2009. According to the Pregnancy Risk Assessment Monitoring System (PRAMS), the prevalence of pregnant women using alcohol during the 3rd trimester has decreased 28.2%from 2007 to 2010. Approximately 6.1% of pregnant women in Texas for 2010 reported drinking alcohol during the 3rd trimester. No additional or local data were found concerning this indicator. The Fetal Alcohol Syndrome Surveillance Network estimates range from 0.3 to 1.5 cases of FAS per 1,000 live births in certain areas of the United States. At this time, no national monitoring of the extent of Fetal Alcohol Syndrome (FAS) exists. From 2003 to 2009, the Center for Disease Control (CDC)funded Fetal Alcohol Spectrum Disorders (FASD)prevention programs in seven states to create such a system. Current CDC estimates range from 0.5 to 2.0 cases of FAS per 1,000 live births. Rates for alcohol-related neurodevelopment disorders and alcohol-related birth defects are believed to be approximately three times greater than FAS rates. Although older, more educated, employed, and unmarried pregnant women were more likely to use alcohol, low socioeconomic status is believed to increase the risk of FAS. Several research studies have shown that prenatal drinking is a significant predictor of alcohol use during pregnancy. Given the high incidence of poverty and indicators of alcohol use in Nueces County, the community should be concerned with these alcohol- related issues. The indicators for Favorable Parental Attitudes and Involvement in the Problem Behavior of drug and alcohol abuse are strikingly clear. The stability of the adult violence and property office indicators are also of concern. It is likely that these adult behaviors are sending a powerful message to the children of Nueces County. Evidence for this conclusion is found among the data indicators that follow. 24 Copyright 2014: City of Corpus Christi,Texas 5. Lack of Commitment to School According to the Alliance for Excellent Education, high school dropouts are 3.5 times more likely to be arrested than high school graduates. When examining attendance rates, truancy violations, and attrition rates, it is clear that the County's students are less committed to school than in the State as a whole, which contributes to the higher juvenile arrest rates in the County. Average daily attendance has Average Daily School Aftendance remained relatively 97 stable in Texas at about 95.5%in the 9� State in the academic �� � � years 2005-2005 to 95 2010-2011. Attendance rates appear to have been stable for the 9 County's school sz districts in the same 200,s_ 2009.90 2010-11 time period. Three of the largest school ®St,ate ®CalaIU Ile nn MCCIIso oFRouur&Wff districts, Corpus ■R ubstowwuu aTuuloso Midwway ❑WestOsa Christi ISD, West == Oso ISD, and Robstown ISD, have had lower attendance rates than the State. These are school districts that account for the majority of the County's school children. The community's capacity to compare truancy and failure to attend school data between the County and the State has been eliminated by data issues with the State level system. The State adopted a new data system, but did not install analytical software which would have permitted the abstraction of data from the data base. As a result, the Project has been able to obtain County, but not State data from Juvenile Probation sources. The County has recorded a significant increase from 2007 to 2011 in truancy referrals to the Juvenile Department. The rate per 1,000 youth age 10 to 17 in 2007 was 2.8 which increased 171.4% to 7.6 in 2011. An unusual drop to a rate of only 0.76 occurred in 2012. It is not clear what may have caused such an unusual change in the rate of referral for truancy. Failure to Attend School is a separate offense that causes juveniles to be referred to the Juvenile Department. This rate per 1,000 youth increased from 22.0 to 31.5 from 2007 to 2008 remained high in 2009 and then declined significantly to 13.5 in 2012. The latter figure for 2012 represents a decline of 38.6%from 2007. It is very possible that given the stability of attendance rates and the improvement in attrition that is described next, truancy and failure to attend school have declined in the County over the past 5 years. Please, see charts in the Graphics File. 25 Copyright 2014: City of Corpus Christi,Texas The attrition of enrolled students experienced of Nueces County public schools was calculated by examining the number of students enrolled each year, beginning in Stn grade, to the number of graduates. When examining the overall County and State attrition rates (from 9th 8th ' h" rou gl h G radu atioIn Attrftl o In grade to All INueces County Public ScIhools graduation), 5500 approximately a third of the 5,00,,0 students that start ��� 9th grade in the 450,0 County do not " , graduate with their class. The 4000 line chart indicates visually Sat , . this loss of students. The 30 ' attrition rates for 8th 91th 7Oth 11th 12th Graduation 2008, 2009, 2010, ii� c ,s c —C lies of 2070 clasws of 2077 and 2011 T= -Ed. in q graduating classes are 34.4%, 34.8%, 32.8%, and 30.2%respectively. Alternative charts in bar form are available in the Graphics File. Attrition rates do not account for students who move away, graduate early, or obtain a GED, but it is highly unlikely that more than one-third of the County's students who enrolled in 9th grade left for those reasons. This is especially true since the school age population of the County has not significantly changed. Annual dropout rate is an alternate indicator for measuring graduation rates (See slide under the risk factor Early Initiation of the Problem Behavior). Also, one must examine the data indicator on educational attainment for the 25 an older population that is linked with the risk factor on Family History of High Risk Behavior. Only a portion of those that do not graduate with their class go on to graduate or obtain an alternative certification because the County had 20.3% of its 25 and over population with less than a high school diploma or equivalent in 2011. These data indicators demonstrate that Lack Of Commitment To School is a significant risk factor for the community. Economic growth is heavily dependent upon a workforce that can perform well in today's market. Our community cannot offer as high a proportion of high school and college educated and literate prospective employees as other communities can. Thus, we are unable to compete for new businesses and industries as well. Although unemployment is improving, salaries remain low. Economic stress on families is perpetuated. Perhaps adults use drugs or alcohol to escape the stress, and thus, provide 26 Copyright 2014: City of Corpus Christi,Texas negative role models for youth. One of the related results is the lack of commitment to school in the next generation. 6. Early Initiation of the Problem Behavior. Generally, it has been demonstrated that the earlier children begin their involvement in problem behaviors, the more serious and longer that involvement becomes. Children from families in conflict, experiencing economic stress, and provided with inappropriate role models are at high risk of engaging in the five problem behaviors at an early age. The data indicators reported below confirm that this is happening in the community. Violent crimes arrests for the 10 to 14 age Violent C ri mes Arrests group have declined in the Age 1 0-1 4) State, but have remained at AMR a similar level from 2007 to 2011 in the County. 25 From 2007 to 20011, they State rate (per 10,000 10 of 1457 114 14 year old children)for 0 ' violent crimes arrests 9 - 10 decreased 31.0%to 5.58. CL" 5.5 W 5 In the same time period, the Nueces County rate 0 2007 2048 2009 2010 20119 experienced an exceptional peak in 2010, but returned ®s1a1 °rtau' -r �" " to 14.5 in 2011, basically the same as in 2007. With the decline in the State rate, the difference between the State and the County rate for 2011 has become 159.8%. This rate of arrests for the 10 to 14 age group demonstrates a greater stability than the arrest rate for adults for violent crimes. Property crimes arrests Property �Crirr�+�srr�sts for the 10 to 14 age group have (Age 1 01-'1 4) returned to higher rates in the 12 11.04 County. From 2003 to 2008, 1— the State rate (per 1,000 children) of property crimes TIM arrests for the 10 to 14 age group decreased 27.6%to 5.18. 4.52 The State rate decreased from 94 2008 an additional 12.7%to 2 4.52 in 2011. The County rate 4 had decreased from 2002 to 2007 2008 20109 2490 2011 2007. However, a dramatic ®State °Nave increase has occurred. From the 27 Copyright 2014: City of Corpus Christi,Texas 2007 low, arrest rates of the 10 to 14 age group for property crimes have increased 81.6% to 11.04 in 2011. This is the highest rate recorded from 2002 to 2011. The increase in property crime arrests patterns very well with the increase in the proportion of children in poverty and families in poverty described earlier. A connection between the risk factor Extreme Economic Deprivation and Early Initiation of the Problem Behaviors may be visually made when looking at the related charts. The abuse of alcohol and drugs among the adult population in Nueces County appears to spill over to the problem behaviors of the juveniles. The juvenile data suggest that the behavior of the juveniles in regard to alcohol and drug use mirrors that of the adults in Nueces County (see slide under the risk factor Friends that Engage in the Problem Behaviors). Arrests of juveniles in the 10 to 14 [drug Abuse Violations Arrests age group for drug abuse violations have ' "�' ' decreased in the State and after a large s.sm increase the County too. From 2003 to 2008, the 32 4.,3 State rate (per 1,000 ' children) of drug-related C ° `' arrests for the 10 to 14 2 9 z.a age group decreased by x.21 �.� 19.8%to 1.54. It has 0.31 declined further to only ° 2006 2007 2008 2 N 2010 2011 1.1 in 2011. The Nueces County 2008 rate of ®State 0 N Ueces' 5.79 is 3.7%lower than it was in 2003, but was increasing through 2009. It has dropped in 2010 and again in 2011. The 2011 rate of 2.08 is the lowest recorded since 1998 in the TCR data. It remains 89.1%higher than the State rate for 2011. Alternative data comes from the Juvenile Department. These data indicate a rate of referral for drug offenses of 3.79 in 2011. This is the lowest rate recorded since 1999 and is much lower than the high of 6.59 in 2004. However, in 2012 the Juvenile Department recorded a referral rate of 4.69. This is a 46% decrease from 2007. Regardless of the decrease, it is a rate that is problematic for the County. This early start of drug use increases the probability that drug use becomes long term and involves a greater variety of drugs. Juveniles entering TCADA funded treatment for drug abuse in the County have tended to report their first use of alcohol or marijuana at an earlier age than the rest of the State. For example, in 2012, the average age of first use for juveniles entering treatment in the County was 12 for alcohol and 12 for marijuana. For the State, the average age of first use was 13 for alcohol and 13 for marijuana. 28 Copyright 2014: City of Corpus Christi,Texas In the 2010-2011 school year, the annual Annual Dropout Fates dropout rates for most of the school districts in Nueces County were below the State's rate of 2.4. The two exceptions were CCISD and C s Robstown at 3.1 and 3.2 respectively. The annual s z, ,.� , dropout rates vary appear 1.3 to vary considerably over ., O 2 the years. Among the 6 2D08-09 20N AD 201a_11 largest school districts in the Count the data ®s,rate ®c��i°en ®cc�RSra o tRa►urB�Rur� County ■Rdobsta na uTuubso MidwMray OWL.Sto8o pattern for the 2010-2011 T— b school year appears to be typical even if the numbers are not. For the Class of 2011, the longitudinal dropout rate (Grades 9-12)for Texas was 6.8%which is lower than those reported from 2006 to 2010. For the same year, the longitudinal dropout rate was 9.2%for CCISD, 31.5%for Robstown ISD, and 8.8%for West Oso. For the remaining large school districts, their dropout rates were lower than that of the State. A chart is available for the longitudinal dropout rate. Both the annual and the longitudinal dropout rates need to be compared to the attrition rate reported earlier. A greater loss of students occurs than can be accounted for by dropout rate figures. In review, rates of arrests for violence, property crime, and drug offenses in Nueces County for the 10 to 14 age group remain above the State rates. Also, as noted above, dropout remains a problem for school districts covering a majority of students in the County. It is useful to consider teen pregnancy as an alternate data indicator for this risk factor. Teen pregnancy is a greater problem in the County than in the State as a whole (See slide under the risk factor Friends who Engage in the Problem Behavior below). From these data indicators, it may be concluded that Early Initiation of the Problem Behavior is present in the community. RISK FACTORS WITH CLEAR IMPACT IN THE COMMUNITY The following seven risk factors are supported by data indicators for which adequate data are available. The data permit the conclusion that these risk factors are present and are contributing to the presence of delinquency in the community. Early Academic Failure: When examining the retention rates in the past 4 academic years, CCISD, Flour Bluff ISD and Robstown ISD have tended to retain more students in 8th grade than the State. In the 2011-2012 school year, the 8th grade retention 29 Copyright 2014: City of Corpus Christi,Texas rates for CCISD and the State were 1.1 and tf� C � � � II �' 1.4 respectively. Flour Bluff and Rob stown were higher at 2.2 and 11.1. In the past, West Oso ISD also retained 6 more 8th graders than 43 9L the State until the X 1 4 2.5 5 2.2 2� 2010-2011 school year when its rate dropped below the r � ff � PP 2008-09 200 _10 20,10-11 2011.12 State's and remained there. Flour Bluff ®5ta�t� ®'�a�la�lll�n ®CC]Sq� ❑Fl�u,r9luiff ■R:d�stmu�n� ®Tul-as�w-Iii-dlti�ar� p'��'�stOsO ISD, the second n— b„ largest school district in Nueces County, retained more 5th graders than the State in the past seven academic years. In the 2011- 2012 school year, the 5th grade retention rates for Flour Bluff ISD and the State were 2.0 and 1.2, respectively. Robstown ISD has had higher 5th grade retention rates than the State for the past 4 years and CCISD has had higher rates for the past two years. According to the National Association of School Psychologists, retained students are more likely to drop out of high school and have lower self-esteem. Students who drop out of school experience higher rates of substance abuse and criminal activities. The proportion of students taking the Students Taking the AT' or ACT Scoring SAT or ACT that scored at or Above Accountability Criteria at or above the Texas Education Agency Ott accountability criteria is 3, �, 3�3,2 lower for the County 2'S.Ba compared to the State. 23.4 This condition has 2�0 worsened over the past 12.8 four school years. In the 10 2007-2008 school year, the proportion of s 10 11 students scoring at or above the criteria in the ®State ®Calad len ®ccni SD El FlIlo ur Muff Calallen, Flour Bluff, 'Robstown ®TuiDso-Midway ° s'tOso and Tuloso-Midway n.�� 'm ISDs was higher than that for the State. However, the proportion for Calallen changed the next year and that for Tuloso-Midway changed the following year. This means that for the 2010-2011 school year, only students in the Flour Bluff ISD had a proportion that 30 Copyright 2014: City of Corpus Christi,Texas scored at or above the criteria that was higher than the State. The proportions for CCISD and Calallen ISD are the lowest on record since the 1997-1998 school year when these data were first collected. The proportions for West Oso ISD and Robstown ISD have traditionally been the lowest in the County. These Districts have rarely had a proportion above 10% and have often recorded 0%. The decline in this proportion in the County may contribute to the condition that fewer individuals in the County have college degrees. Admission to institutions of higher education is partially based on these test scores. The County may be placing fewer students in institutions of higher education or is seeing fewer students as well prepared for higher education than it should see if it has goals of academic success and creation of higher paying employment. Reading and Math proficiency has improved over the past 5 to 6 years in the State and in the County's school districts. As measured by the TAKS test, both reading and math test scores have improved over the past six academic years for the State and for the six largest school districts in Nueces County. However, for three of these school districts (Corpus Christi ISD, Robstown i Scores T l Testy Dan West Oso ISD)in READING MATH 2010-2011, 1 1 test scores 3, 93, 92 911 92 were below qty 9 the State Bra a 8;4 84 84 average the 82 math test. 74 6 These three districts 7 7 represent a majority of the 6 County's 200,91-10 2010-11 20091-10 2010-11 school children. This Legend pattern of Ads a CCISD RNK,00 Robamn Uw�� Wed Owl lower scores one that goes back past 1999-2000. In addition, the test scores for Robstown ISD and West Oso ISD have consistently been below the State average for reading. The test score average in Reading for CCISD has occasionally been higher or tied with that for the State. These indicators support the conclusion that Early Academic Failure is present in the community. Favorable Attitudes Toward the Problem Behavior: The best data available concerning alcohol and drug use and attitudes of school age children comes from the Texas School Survey of Substance Abuse Among Students, which is conducted every 31 Copyright 2014: City of Corpus Christi,Texas other year. Note that Nueces County school districts tend to not participate in these surveys. Thus, local data for comparison are not available. According to these surveys, Texas school children perceive alcohol and marijuana use as dangerous. For alcohol, the proportion of 4th—6th graders that perceived alcohol use as dangerous in 2008 was 91.9%. The proportion of these youth that perceived marijuana use to be dangerous in the same year was 83.0%. Newer data was not found. Some disturbing details are present in these data in regard to 8th, 10th and 12th graders. The proportion of students perceiving alcohol use as very dangerous was much less than their younger counterparts. In 2010, only 76% of 8th graders, 77% of 10th graders, and 78.4% of 12th graders viewed alcohol as dangerous. In 2010, 81.4% of 8th graders, 68.1% of 10th graders, and 62.5% of 12' graders viewed marijuana as dangerous. For the 8th, 10th, and 12th graders, the proportions perceiving alcohol as dangerous are slightly higher than those reported in 2008, but remain lower than those reported in 2002. For marijuana, the proportions perceiving the drug as dangerous to use have continued to decline from 1994 to the 2010 figures and are at their lowest level recorded. Charts are available for these indicators. The data in regard to juvenile alcohol and drug arrests and arrests of juveniles in the 10 to 14 age groups reported earlier demonstrates that alcohol and drug use is a serious problem in Nueces County. It is believed that this risk factor is present in the community. Friends Who Engage in the Problem Behavior: Adolescent pregnancies appear to be a significant problem for Nueces County when compared to the State. The proportion of live births that were to mothers Adolescent Pregnancies under 18 years of age in the State remained has (M'othe'rs < 18 years old been declining since $ 1998. At 3.9% of live births in 2011, this figure 6.,2 6,.,2. is at its lowest level M 4.9 4.,7 5 recorded. The figures for 4.3 3.9 Nueces County have also declined from 1998 to the 5.0% recorded in 2011. This is also the lowest figure recorded for the County. The 2007 2008 2CO9 2010 2011 proportion of live births ®State uermes to mothers under 18 T� .x H, Q years of age in the County has decreased 19.3%from 2009 to 2011. This proportion remains higher than the State's proportion. The County figure in 2011 is 28.0% higher than the State's. Significant confusion was found in web-based information on youth ages 15 to 17 with Sexually Transmitted Diseases. This confusion could not be resolved when 32 Copyright 2014: City of Corpus Christi,Texas comparing older data to those currently on State web-sites. As a result, these data have been removed from the data, slides, and text. A request for the data has been made to the State with no response. Further attempts will be made to obtain these data. Juvenile property crimes Juvenile Props r11mes Aire tS arrests, after a brief increase, have decreased in the 115 State. From 2006 to 6.05 6.19 2011, the rate of 5�,,32 juvenile (per 1,000 children age 16 years and under) property .�7 M2 crimes arrests r decreased in Texas by 21.0%to a rate of 2.82 in 2011. In the same time period, the 2006 2007 20018 2009 2010 2011 Nueces County rate ®state [IN u, has dramatically increased 30.9%. This opposite trend may be related to economic conditions for children in the County. The increase in the County parallels the increased proportion of children and families in poverty. This County 2011 juvenile property crime arrest rate was 119.5%larger than the State rate. According to the Texas School Survey of Substance Abuse Among Students, from 2004 to 2010, an increased proportion of 8th, 10 th, and 12th graders reported that some, most, or all of their close friends use marijuana. The proportion in 2004 was 21.9% of 8th graders, 40.0% of 10th graders, and 40.9% of 12th graders. In 2010, 22.8% of 8th graders, 41.7% of 10th graders, and 44.5% of 12th graders reported that some, most, or all of their close friends use marijuana. The proportion of 4th to 6th graders reporting that some or most of their close friends use marijuana was 8.0% in 2004 and 7.0% in 2008. No data were found for these lower grades for 2010. Newer data(2012)for all grades on this question is not readily available. In comparison to the National data for this question in 2010, the State proportions are close to 20 percentage points higher for each grade level. In contrast to the marijuana data, from 2004 to 2010, a decreased proportion of students in the 8th, 10th, and 12th grades reported that some, most, or all of their close friends drink alcohol. The proportion in 2004 was 36.2% of 81h graders, 61.5% of 10th graders, and 68.1% of 12th graders. In 2010, 34.7% of 8th graders, 58.5% of 10th graders, and 67.5% of 12th graders reported that some, most, or all of their close friends drank alcohol. This decline in reported alcohol use by friends is also found in the National data. However, the State figures are 15 to 20 percentage points higher than the National data 33 Copyright 2014: City of Corpus Christi,Texas for each grade level. Again, newer data for this question is not found on State web-sites where it has been reported before. For the 4th to 6th graders reporting the proportion that some or most of their close friends drink alcohol was 26.1% in 2004 and 23.9% in 2008. Juvenile alcohol- related arrests also seem to be a significant J uve n li le Alcohol-related Arrests problem in Nueces 30 29.7 County. However, a 25 21.91 recent trend has been toward fewer arrests. �h From 2007 to 2008, the rate (per 10 000 children � ' (P � �r- 12.19' age 16 and under) of � 10.03 juvenile alcohol-related 0.27 6.13 5,.51 arrests decreased by 4's 24.3%in Texas. In comparison, the County 2007 2008 2DO9 2010 2111 2008 rate saw a very ®State dramatic increase of 196.1%. From that peak, the County rate of arrest of juveniles for alcohol related offenses has steadily declined by 58.9%to 12.19 in 2011. This County rate for 2011 is 198.0% of the State rate if 4,09 which was a continued decline going back to 1998. For Texas, Adolescents in Treatment for the rate of Alcohol or 1Drug Use adolescents in alcohol and drug 315, treatment facilities 3 (per 10,000 children under 18)funded by 25 the Texas 20.x# Commission on r Alcohol and Drug IL 11 Abuse (TCADA) 77.11 70.. 70.7 lie increased 12.1% from 2007 to 2012, 5 to 13.0. From 2007 1111111101 , [11 to 2012, the rate in 200,7 20018 2009, 2010 2011 2012 Nueces County ®state c N ueces, T_—C� N,OmonX® andfEku% increased by 17.1% n=,m to 27.4. The County �i HInrnV�yaa"h� rate of adolescents in treatment shows a similar dramatic increase and then decline as that for juvenile alcohol arrests. The rate increased significantly from 2008 to 2009 and again increased in 2010 before falling to the lower level in 2012. This can be seen very well in 34 Copyright 2014: City of Corpus Christi,Texas the accompanying chart. The last two indicators confirm that the County has a more significant problem of juvenile alcohol and drug use than the State as a whole. It is evident from the rates of teenage pregnancies,juvenile property crime arrests, juvenile alcohol-related arrests, and adolescents in alcohol or drug treatment that the risk factor Favorable Attitudes Toward the Problem Behavior is present in the community. Availability of Drugs: According to the Texas School Survey of Substance Use Among Students, from 2004 to 2010, an increased proportion of 8th, 10th, and 12th graders reported that marijuana and alcohol is somewhat easy or very easy to obtain. In 2010, 64.5% of 8th graders, 80.4% of 10th graders, and 84.5% of 12th graders reported that alcohol would be somewhat easy or very easy to obtain. These figures were a few percentage points higher compared to 2004 and were approximately the same in 2010 as the figures for the National data. For marijuana in the State for 2010, 23.8% of 8th graders, 497.9% of 10th graders, and 57.2% of 12th graders reported that it would be somewhat easy or very easy to obtain. For marijuana, the State proportions are lower than those for the Nation in 2010 by a considerable margin. It is regrettable that these figures are not available for the County. The higher rates of arrest for juveniles for alcohol and drug offenses in Nueces County compared to the State may related to higher availability of alcohol and drugs. Data to examine this idea are partly available. That alcohol is available luleces County in Nueces County Annual SalesTax Receipts is clear. Nueces Ior I4 ixe d Beverages willions,of County sales of alcoholic ......... ......... ......... ......... ......... ......... ........ . .. beverages have 90" ..... ....... ...... ...... ....... h.2... increased / 74. 74.1 74.7 � significantly. Nueces County 70 0 .................... .................... ' annual sales tax 60;0 �,r, . receipts for mixed ,o . ,,,,,,,,, �.������������ beverages increased 18.0% ........ � .. from 2008 to 2012. �............ �.. ........... .... The increase from 2 , � ......................... ......................... .......................... 2002 to 2012 has 2°°'$ 29' 2010 2091 2'0'12 been 73.9%. A very small decline occurred at the start of the recession. However, sales tax receipts never dropped below the 74 million dollar mark once it was reached in 2008. An increasing pattern without any reduction due to the recession is found with Gross liquor store sales for the Corpus Christi MSA. Gross total liquor store sales for Corpus Christi MSA increased 20.4% from 2008 to 2012. The increase in gross sales from 2002 to 2012 has been 26.3% 35 Copyright 2014: City of Corpus Christi,Texas without any decline. These data indicate an increased consumption of alcoholic beverages in the County. The available indicators show that the risk factor of Availability of Drugs is present in the County. Community Laws and Norms Favorable toward the Problem Behaviors: From 2007 to 2011, the State rate Juvenile L ru Abuse of juvenile (0-16 Arrests years old) drug- 5 related arrests 45 decreased 21.4%to 4 a rate of 12.7 3,5 �i arrests per 10,000 children. In the 25 same time period, 20 the rate in Nueces 11 ,11 1467 91 11 ,E t „11 T 1 County decreased 10 by 48.9%to 16.1. 5 This was after a large increase over z007 2008 2009 21a10 2011 the 2000 to 2009 time period. The ®St'ate [IN a 2011 County rate is 26.8%higher than the State rate. Only in 2001 did the County record a juvenile drug offense arrest rate lower than the State from 2000 to 2012. In the recent past, as seen on the chart, the County rate has been double or more than the State rate. These data are a clear indication that the community has a serious juvenile drug use problem. Juvenile ViolentCrirnesArrests Juvenile arrests 18 for violent crimes have 16, decreased in the State 14 from 2007 to 2011, but 3 t 12 increased in the County. 10 From 2003 to 2008, the 00 C 8 �'95' State rate (per 10,000 6, 5m82 5,49 5.46 m� 4 x#.15 children age 16 and �,-C under) of juvenile violent 2 crimes arrests decreased 0 by 30.4%to a rate of 2007 2008 2009 2010 2477 4.05 in 2011. From 2007 ®State [IN ue to 2011, the rate in 36 Copyright 2014: City of Corpus Christi,Texas Nueces County increased 8.2%, but this disguises a steady increase in violent crime arrests from 2007 to 2010 of 92%. The drop in the County rate from 2010 to 2011 removed the majority of the increase from the earlier years. The main issue remains that the County rate of juvenile violent crime arrests is 112.3% higher than that for the State for 2011. School discipline is significant for this risk factor. Specific data on behavior- related and drug-related expulsions and suspensions have been difficult to obtain. However, data are available for all suspensions and expulsions. In recent years, most of the six largest school districts in the County experienced an overall decrease in the proportion of students School D i li pl li re- suspended. The numbers of School Suspensions for individual districts have 14 varied up and 012 - down. For example, from TR 7.5 the 2009-2010 year to the 6'' 2011-2012x ''"' year, the proportion of students 20091-10 2010-11 2011-12 suspended out of school in ® C all lien II SD ECCISID ❑IF llouur Bllluuff 11 SD the Calallen, m R(Ybs,town 11 SD ❑Tuulloso- il dway 1 S D ❑ estOso IISD Flour Bluff Robstown, and Tuloso-Midway districts declined. The proportion increased in the Corpus Christi and West Oso districts. When one looks back to the 2003-2004 year, all of the districts record a decrease in suspensions. On this measure, all of the 6 largest districts in the County report a lower proportion suspended for disciplinary reasons when compared to the 10.4%reported for the State as a whole. It is difficult to determine a trend in expulsions because the numbers are masked and not available when they are less than 5. From the data that is available across the past 5 to 7 years, expulsions for disciplinary reasons have declined in all of the 6 largest districts in the County. Data and a chart are available in the other files of this Project. Juvenile arrests for curfew, vandalism, and disorderly conduct are considered "gateway" behaviors. Engaging in these behaviors may encourage or lead juveniles to attempt more serious acts of delinquency. This is especially true if the juvenile experiences little or no intervention due to the delinquent behavior. Therefore, it is a very good sign that in 2011 at the National, State, and County the rates of arrests for these offenses reached their lowest level recorded since 1998. From 2007 to 2011, the rate of 37 Copyright 2014: City of Corpus Christi,Texas arrest for these offenses Juvenile Ar'r gists for Cur few,Vandalism, has decreased by 41.7% Disorderly Conduct for the State to 3.6. In the County the rate increased 25 from 2007 through 2009, but then evidenced a significant two year 16. 15.90 g� 15 decline to 7.5. This resulted in a decrease from 2007 to 2011 of 6.1 . s Li 7.50 53.3%. Again, the CL 0 M problematic issues for the County is that its rate of 2007 2008 2009 2010 2077 arrest for juveniles for curfew, vandalism and ® tit ° "' disorderly conduct in 2011 was 108.3% higher than the rate recorded for the State. When examining the rate of alcohol- and Alcohol and Drug-related Deaths drug-related deaths in the State and County for I I ul I'1ts' uI� F11i individuals of all ages, 70 the County has 8 13'.50 8.912 3,.06 7.98 consistently experienced a higher rate per 1,000 population. Both the °" '"��� ° �� ° State and the County 0 have recorded declines in the rate of alcohol and 2 drug related deaths from 1 UNRUH] 1 1000011 1 1000011 1 1000011 F highs in 2000 or 2001. a 2907 2008 2009 201 ID 2077 More recently, the State ®state has recorded a decrease of 1.2%in this rate from 2007 to 2011 to end at 4.99. The County has experienced a decrease of 6.1%in the same time for a 2011 rate of 7.98. The 2011 County rate is 59.9% higher than the rate for the State. A contributing factor to the previous indicator is the proportion of serious injury motor vehicle crashes that are substance-related (drug or alcohol). This proportion has been declining for the State to 7.88%in 2011. In the County, the proportion has been increasing to 7.05 in 2011. However, for the time period 1999 to 2011, the County proportion has systematically been lower than that for the State. 38 Copyright 2014: City of Corpus Christi,Texas These data indicators support the conclusion that the risk factor of Community Laws and Norms Favorable to the Problem Behaviors is present in the community. Family History of High Risk Behavior: The first two data indicators for this risk factor also contribute to the very clear fact that the County has significant issues with alcohol and drug use Adults in Treatment for and abuse. The number Alcohol and IDrul g Use of adults in alcohol or drug treatment units has 14 1 .15 decreased in the State 12 2 11.84 12.6 from 2008 to 2012. In 7 that time, the rate of 14 adults (per 1,000 adults a ' age 18 and over)in drug or alcoholism treatment facilities ` 4 decreased 29.0% in 2 2.48 x•12 Texas to 2.12. A vary opposite and striking 244.4 2449 2014 2471 2412 trend has occurred in ®state Nueces County. From Tw ,Ha°� 2008 to 2012 the rate in the County increased 51.0%to 13.6 per 1,000 adults. The 2012 rate for the County is the highest that the Project has recorded since 1996. The 2012 County rate is 544.9% higher than that for the State. While this indicator has a positive aspect, adults are entering treatment, it is very clear that alcohol and drug use are problems among the adult population in Nueces County. An alternate data indicator for this risk Deaths ID!ule to Liver factor is the number of deaths due to liver �11Irm+ lu'�tml disease and cirrhosis. These conditions are4 4 1�.4 largely attributable to �$ the consumption of CL 1 .4 1 .4 alcohol and other drugs. The figures indicate that Nueces County has had ��' 11.4 a much higher death rate 14.3 1 ' 114 14.3 due to liver disease and cirrhosis than the State since at least 1999. 2447 2448 2009 2414 2011 From 2007 to 2011, the ®State Ei u "S rate of deaths due to C ,,!or H-11�'Bt 39 Copyright 2014: City of Corpus Christi,Texas liver disease and cirrhosis remained relatively stable For the State between 10.3 and 11.4 and ending where it began at 10.3. In the same time period, the rate in Nueces County has increased 33.75%to an all-time high of 21.4. This 2011 County rate was 107.7% higher than the State rate. Again, this is a clear indicator that drug and alcohol use is a significant problem in the community. Nueces County had a lower level of adult illiteracy than the State but a higher level than the Nation in 2003. According to the National Assessment of Adult Literacy, 17% of adults (age 16 and older)in Nueces County lacked basic prose literacy skills. The proportions of adults in the State and Nation that lacked basic prose literacy skills were 19% and 14.5%, respectively. Thus, a greater proportion of County adults function at lower literacy levels than in the Nation. This survey has not been conducted since these 2003 data were reported. When examining IEd lal c ati educational attainment, +i�lna�l A'�a�ilnlm�lnt persons over the age of Age 25 and over with less than a 25 years in Nueces high school dipaloma car equivalent County have lower 25 educational attainment 20 20. � �' 20.5`3 than those in the State 17 and Nation. In 2011, 15 15.O� 20.5% of the County's residents had less than a V= 10 high school diploma or equivalent, whereas the s State and Nation had only 17% and 12%, 210OO�8 2009 2010 2�011l respectively. The County sm National ®State ❑Nue,ces figure has changed by less than two percentage Y14%YGN I_Alm JCmNrvvl�kR Sil9', points since 2000 when it was at 22.15%. For the 2011 figures, the County proportion that has less than a high school diploma or equivalent is 20.7%higher than that for the State and 70.1% higher than that for the Nation. Additionally, the County only had 18.9% of residents with a bachelor's degree or higher, whereas the State and Nation had 25.3% and 27.7%, respectively. These latter data are found in the Nueces County Profile report. These data connect to the existence of Extreme Economic Deprivation because they show that the County does not have as many potential workers with educational qualifications for higher paying jobs. These data also link to the risk factor on Favorable Parental Attitudes and Involvement in the Problem Behavior, i.e. drop out. The data reviewed above indicate that this risk factor, Family History of High Risk Behavior, is also present in the community. 40 Copyright 2014: City of Corpus Christi,Texas Constitutional Factors: The YOU community initiative was led through the examination of risk factors by a consulting team and a set of workbooks and guides. Within this process, the risk factor of Constitutional Factors was left out. It was added to the Proj ect in 2009-2010 and is updated here. "Constitutional factors that contribute to problem behaviors may have a biological or physiological basis" (Guide, 1998: 21-22). Poor pre-natal care, poor pre-natal nutrition or in early childhood, "low birth weight, and fetal exposure to alcohol, tobacco, and illicit drugs," contribute to this risk factor(Communities That Care, 1996: 11). Each of these conditions and early childhood trauma due to child abuse contribute to restrictions in brain development and associated lack of development of physical, social, and emotional skills. A review of these issues can be found in the analysis provided by Karr-Morse and Wiley in their book Ghosts from the Nursery Tracing the Roots of Violence (1997). For Nueces County, support that the Constitutional Factors risk factor is present is found throughout this report and its associated data files. The probability that pre-natal care and nutrition is poor for a large proportion of parents and children is strong. Data Indicators under the Extreme Economic Deprivation Risk Factor show that 21.8% of Nueces County families and 35.5% of its children in 2011 were living in poverty. More than a half, 51.6%, of the County's children from birth to 4 years old were receiving WIC in 2010. Some 11.3% of the County's children were without health insurance in 2010 while 37.5%were eligible for Medicaid in 2011. The probability is high that a larger proportion of Nueces County children when compared to the State are affected by fetal exposure to alcohol and illicit drugs. The data indicators for the risk factor Favorable Parental Attitudes and Involvement in the Problem Behaviors show that Nueces County adults have higher arrest rates for alcohol and drug offenses than the State. Also, the County has a higher rate of adults in alcohol and drug abuse treatment programs and a higher rate of death due to liver disease and cirrhosis. Support for this probability is also found with the risk factor Availability of Drugs. Sales tax receipts for alcohol and sales of alcohol continue to increase. The youngest age group of mothers is less likely to be able to cope financially and psychologically with the stresses of pregnancy and early childhood. This may result in lapses in nutritional, emotional, medical, or physical care that is provided to children. The probability is high that this is occurring in Nueces County because it has a higher proportion of births to adolescent mothers (5.0%in 2011 found in the risk factor Friends Who Engage in the Problem Behaviors)than the State or Nation and has a higher rate of low birth weight infants (7.8%in 2011 from the Nueces County Data Profile). Medical, emotional, and nutritional neglect and physical and sexual abuse of children contribute to the development of the Constitutional Factors which in turn cause delinquency and violence. Adams (2010) reports Youth who have experienced trauma may be more likely to be involved in illegal behavior for a variety of reasons, including the neurological, psychological and 41 Copyright 2014: City of Corpus Christi,Texas social effects of trauma. A growing body of research in developmental neuroscience has begun to uncover the pervasive detrimental effects of traumatic stress on the developing brain. The majority of brain development is completed during the first five years of life, with the most critical development occurring within the first two years (2). A traumatic event can involve interpersonal events such as physical or sexual abuse, war, community violence, neglect, maltreatment, loss of a caregiver, witnessing violence or experiencing trauma vicariously (1). Research shows that while up to 34 percent of children in the United States have experienced at least one traumatic event, between 75 and 93 percent of youth entering the juvenile justice system annual in this country are estimated to have experienced some degree of trauma (1). The Data Indicators for the risk factors Family Conflict and Family Management problems provide evidence that this causal process is occurring in Nueces County. The County has a rate of confirmed victims of child abuse and neglect of 12.6 per 1,000 children (2012)which is higher than for the State. Also, the County has a higher rate of adult domestic violence 15.2 per 1,000 (2011) which more than double that for the State. Because traumatic injury to pregnant women has negative consequences for the development of the fetus, it is possible that these effects are more common here than in the State as a whole. While this risk factor, Constitutional Factors, does not add additional data indicators to this report. It becomes clear that those data indicators discussed in relationship to other risk factors support the conclusion that this one is present and affecting children in Nueces County. RISK FACTORS WITH POSSIBLE IMPACT ON NUECES COUNTY The following six risk factors may be present in the community. Rebelliousness: Nueces County has recorded between 25 and 44 suicides each year from 2001 to 2011. The years 2008 to 2010 recorded higher numbers than typical with the highest number, 44, in 2010. However, the number of suicides dropped to 25 in 2011. No clear pattern can be discerned in these numbers. The numbers are also very small which makes them unreliable for making predictions or conclusions. Juvenile suicides in the County have tended to vary from 0 to 3. These numbers are also too small and varied for use in making valid conclusions. Reported gang involvement should be measured by the number of known juvenile gang members. However, these data are not kept systematically by local agencies. No trend data are available. Vandalism arrests in the State have increased 17.0%from 2009 to 2011. 42 Copyright 2014: City of Corpus Christi,Texas The Juvenile Assessment Center(JAC)is designed to decrease juvenile crime in Corpus Christi by providing assessment and case management services to juveniles at risk of delinquency due to truancy or violation of curfew (among other issues). The number of children processed and intakes steadily decreased from 2003 to 2008. In 2003, the JAC had 1,280 intakes and processed 1,067 children. In 2008, the JAC had 821 intakes and processed 761 children. In 2009 and 2010, computer related and data entry problems have made JAC data unavailable. These issues have affected the number of children processed for 2011 and 2012 also. The JAC reports 213 intakes in 2011 and 266 in 2012. This is a dramatic reduction in the number of intakes occurring at the JAC from the 2007-2008 time period. This reduction in intakes may be related to the recent decline in truancy and failure to attend school. A contributing factor may be change in law enforcement policy or procedure concerning juveniles. While it is likely that this risk factor, Rebelliousness, is present in the community, additional local data indicators are needed to confirm it. Transitions and Mobility: Student mobility is measured by examining those students that have been in membership at the school less than 83% of the school year. Of the six largest school districts in the County in the ttll�l�lnt IIoIblll' 1' lStudents in membership atsehoul <83% of the school year) 2010-2011 school year, CCISD had 30 »» the highest percentage of 25 student mobility at . ,,,, 25.7%, followed by j West Oso ISD at d$ 15 21.8% and Robstown ISD at 70 Y ere/higher than the of 0 ,. , ......... proportion z00s- z009-70 2010-17 students that were mobile in the State ®'Stakes MC3,lalllsn MOCISD [3%ur98 iff MR.nbstawni ®Tudoso-IUidlwway cfflestOsol at 17.8%. For the Calallen, Flour Bluff, and Tuloso-Midway districts, student mobility was lower than the State level for 2010-2011. From 2006-2007 to 2010-2011, Student mobility has decreased one to three percentage points for the State and each of the large districts in the County with the exception of Robstown where the decrease has been larger. One of the smallest changes has occurred with CCISD that accounts for the majority of the school children in the County. When examining housing occupancy, the proportion of vacant housing units in the County increased from a low of 11.6%in 2006 to a high of 15.1%in 2009, but decreased to the 13.2% recorded for 2012. The proportion of housing units that were 43 Copyright 2014: City of Corpus Christi,Texas owner-occupied in 2012 was 51.5% for Nueces County the County. This Housing O 91 a pane figure is the lowest on record since 200 15 51.5 except for a dip in 2001. From 2006 to 2012, the proportion C40 of renter-occupied housing increased in the County by 13.8% 0 11 to 35.2%. The • economic conditions of the past several W h F� �- 0 years have reduced 2�010 2�011 2,0 12, the number of mowner-ic-ccupiiled ®R enter-loccu piled ❑ aunt owner-occupied s. housing units and increased both the number of renter-occupied and vacant housing units. In Corpus Christi, the number of residential construction permits issued decreased 25.6%from 2008 to 2011 to a total of 631. A reverse of this downward trend occurred in 2012 with an increase of 42.5%to 899 residential permits issued. This is likely to signal a return to higher mobility of residents in to or simply in the County. Also, data was found for existing home sales in Nueces County. Existing home sales increased 18.8%from 2010 to 2012 to a total of 4,249. This also reverses a trend that had occurred in fewer home sales from 2006 to 2010. In 2011, 80.2% of the people at least one year old living in Nueces County were living in the same residence one year earlier; 12.5% moved during the past year within the same county, 4.7%from another county in Texas, 2.1%from another state, and 0.5% from abroad. In 2011, 82.9% of the people at least one year old living in Texas were living in the same residence one year earlier; 10.6% moved during the past year within the same county, 3.8%from another county in Texas, 2.0%from another state, and 0.7% from abroad. The data indicate that over the past 4 years a slightly greater number of persons in the County were living in the same residence as one year earlier. This number has been 1 or 2 percentage points smaller than that for the State. Thus, some greater mobility is present in the County. From this data, it may be concluded that the County's residents are slightly more transient than the State's. Therefore, the risk factor of Transitions and Mobility is likely to be present in the County. However, it is not as significant a factor as others. Early and Persistent Anti-Social Behavior: Elementary school disciplinary problems is a primary data indicator for this risk factor. Data for this risk factor is not 44 Copyright 2014: City of Corpus Christi,Texas readily found in the Texas Education Agency data. Disciplinary data does not appear to be separated by grade level. Alternative data, the proportion of all students that had a disciplinary placement has been provided for 4 of the 5 most recent academic years. Data for 2008-2009 appear to be inaccurate and have been excluded. In the 2010-2011 year, all of the large school districts in the County reported higher proportions of students with disciplinary placements than the State proportion of 1.8% except for Calallen. CCISD recorded 2.6%, Flour Bluff 3.8%, Robstown 3.2%, Tuloso-Midway 1.9% and West Oso 2.8%. These figures are very typical for each district over the past several years. Data were found concerning students with learning disabilities for six large school districts in Nueces County for the last Students With Learning Disabilities three school years. The data may be 8 missing in some 6.53 6.08 previous years in the data set. For 6 5.29 the three years, 414 403 2009-2010 to C 3.62 3.63 a 3.47 3.4 2011-2012, a4 ' O 29 Corpus Christi, 2 O West tOso ISDs Ohave reported 2009-10 2010-11 2011-12 higher proportions of students with ®State ®Calallen ❑CCISD ®Flour Bluff learning ®Robstown Tuloso-Midway ®West Oso Texas Education Agency disabilities than the State except for Robstown ISD in 2011-2012 where it tied the State figure. Over the past decade, the proportion of students reported with learning disabilities has declined in the State and for the County's ISDs where the data has been available. The chart displays this drop for the past three years. At this point, it may be concluded that this risk factor, Early and Persistent Anti-Social Behavior,is likely to be present in the community. However, the available indicators are few and the evidence is not strong. Media Portrayals of Violence: The risk factor media portrayals of violence was originally based on research extending back several years from the time of publication of the Guide for Implementing the Comprehensive Strategy for Serious, Violent, and Chronic Juvenile Offenders (199 8) and the Communities that Care Prevention Strategies: A Research Guide to What Works (1996) that were used in the Youth Opportunities United (YOU)initiative. At the time that YOU was operating, few data indicators existed for this risk factor except those from surveys including the YOU Survey 2000. These sources are now dated. Alternative data indictors have not been found and do not appear 45 Copyright 2014: City of Corpus Christi, Texas to exist for Texas or Nueces County. Provided here is an update from the scholarly research on the risk factor. In a recent review of the literature on television violence, Murray (2008) concludes that"there seem to be three main classes of effects: aggression, desensitization, and fear. • Aggression: Viewing televised violence can lead to increases in aggressive behavior and/or changes in attitudes and values favoring the use of aggression to solve conflicts. • Desensitization: Extensive violence viewing may lead to decreased sensitivity to violence and a greater willingness to tolerate increasing levels of violence in society. • Fear: Extensive exposure to television violence may produce the mean world syndrome effect, in which viewers overestimate their risk of victimization." Literature reviews from research based articles on media violence exposure often offer conclusions such as that found in Ostorov, Gentile, and Crick's (2006: 612) study: "media violence exposure increases subsequent physical aggression across development... and can be associated with other negative outcomes." These outcomes include "desensitization to real violence, aggressive cognitions and behavior, and problematic parental and peer relationships (Ostorov, Gentile, and Crick, 2006: 612). Their own longitudinal study of pre-school children found that both the amount and the content of media are associated with future observed aggression (Ostorov, Gentile, and Crick, 2006: 622). A study that compared non-delinquent to delinquent high school students found that"violent media exposure is associated with involvement in violent behavior" (Boxer et al, 2009). Barboza et al (2009)pose an ecological model of bullying in their study of a sample of adolescents. Along with the effects found from school and family variables was that"broader societal attitudes towards violence—exemplified by the violent content of television shows—increase the likelihood of chronic and frequent bullying." A media not examined in the studies cited above, but that also exposes youth to violent content are video and computer games. Levermore and Salisbury (2009) interviewed high school youth and found that the playing of violent video games "was positively correlated with total aggression, physical aggression, and verbal aggression." Gentile et al (2004) have reported from a study of 8th and 9th grade students that "Adolescents who expose themselves to greater amounts of video game violence were more hostile, reported getting into arguments with teachers more frequently, were more likely to be involved in physical fights, and performed more poorly in school." Literature reviews of studies of video game violence exposure indicate that such exposure is correlated with increased physiological arousal, aggressive feelings (anger or hostility), aggressive cognitions, and aggressive behavior, but decreased prosocial behavior (see Barlett, Anderson, and Swing, 2009 and Anderson and Bushman, 2001). 46 Copyright 2014: City of Corpus Christi, Texas While the effects reported about media exposure to violence appear to be well documented and replicated, the importance of this risk factor must be considered. Many of the studies cited above or reviewed within the literature reviews included peer, family, school, and other risk factors. The effects of media exposure to violence were limited and many point out that correlation with may not translate to cause of violent or aggressive behavior. Savage (2008) has provided an extensive literature review that is essentially critical of much of the available research, and more importantly, places doubt on the usefulness of this risk factor in creation of policy or program. She concludes that if we are concerned with the prevention of violence we should focus on"the more obvious risk factors for serious violence such as parenting, child abuse, poverty, and concentrated disadvantage." In its selection of primary risk factors, this report focuses on those more obvious risk factors. Availability of Firearms: No data could be found directly bearing on firearm sales in the community. However, some local data were found on firearm ownership. According to the 2009 Safe Communities Survey, 26.6% of respondents indicated that they had firearms in the home. This figure is consistent with the 2002 finding of 23.7% and the 2006 finding of 24.0%that reported owning a firearm in the Safe Communities Surveys for those years. In 2009, only 50.0%reported that they have trigger locks on their firearms, and 50.0% reported storing them under lock and key. The Safe Communities Surveys are based on convenience samples. Thus, they may not accurately measure the number of homes with firearms in the community. A random sample survey was completed in 2000 of Corpus Christi residents for the Crime Control and Prevention District. That survey found a much higher proportion, 47.5%, of respondents that had a firearm in the home. Of these Corpus Christ residents, 24.3% stated that they carry a knife, gun, club or stun-gun when out of their home. A national opinion poll has been taken on firearm ownership by homeowners each year for several decades. This data indicates a steady level of 39 to 45% of American homes report the presence of a firearm across the 2006 to 2012 time period. In 2012, 43% of Americans in this poll reported owing a firearm. The region in which Texas is placed tends to report greater ownership of firearms than the nation as a whole. Across the 2006 to 2011 time period between 50% and 56% of residents in the South reported a firearm in the home. In 2011, 54% of homes in the South reportedly had a firearm. The Safe Communities data appear to indicate that fewer Nueces County residents own firearms than those in the region or nation. This may be part of the reason that fewer violent crimes are committed by firearm in the County as compared to the State as reported above. Brady Bill applications for firearms have been increasing nationally. From 2006 to 2010, the number of Brady Bill applications increased 19.0%. However, it cannot be determined how many of these applications resulted in a firearm purchase. Further, these data would not account for firearms sold between citizens and not from a commercial outlet. Local data for Brady Bill Applications processed by the Corpus Christi Police Department is no longer available. 47 Copyright 2014: City of Corpus Christi,Texas According to reports from the Texas Department of Public Safety, Concealed Handgun Licensing Bureau, the number of licenses issued has significantly increased from 2007 to 2012. In Texas, the number of licenses issued increased 67.5%to 146,367 in 2012. In Nueces County, the number increased 88.5%to 1,880 in 2012. These data seem to indicate that the possibility exists that more firearms are actively carried in the community by those that have the appropriate license. The Availability of Firearms is considered a risk factor because a variety of forms of research indicate that the greater the availability of firearms, the higher the homicide rate tends to be. Hepburn and Hemenway (2004) report from an extensive review of the literature that the evidence is quite consistent. The few case control studies suggest that households with firearms are at higher risk for homicide, particularly firearm homicide. International cross-sectional studies of high-income countries find that in countries with more firearms, both men and women are at higher risk for homicide, particularly firearm homicide...Time series studies of particular cities and states, and for the United States as a whole, suggest a positive gun prevalence-homicide association. Finally, perhaps the strongest evidence comes from cross-sectional analyses of U.S. regions and states. Again, places with higher levels of gun ownership are places with higher homicide rates (2004: 437). Newer studies continue to support the conclusions reached in the literature review. "States with higher rates of household firearm ownership had significantly higher homicide victimization rates" was the conclusion of an examination of firearm ownership and homicide using 2001-2003 data (Miller, Hemenway, & Azrael, 2007). A national case-control study found that having a firearm "in the home is a risk factor for gun- related homicide and suicide" for adults in the U.S. (Wiebe, 2003a). The latter study introduces the topic of additional risks surrounding firearms. "In the United States, firearms are by far the most common method of completed suicide, and the prevalence of firearms suicide is closely correlated with firearms ownership rates...Handguns, compared to long guns; loaded guns, compared to unloaded guns; and unlocked guns, compared to locked guns, are all more closely associated with suicide" (Brent and Bridge, 2003). Also, unintentional (accidental) deaths are associated with firearm prevalence. In a study of adults in the U.S., it was found"that the presence of a gun in the home was a risk factor for unintentional shooting death. Having multiple guns appeared to compound the hazard, as did having handguns in particular" (Wiebe, 2003b). The data of the National Violent Death Reporting System were used to examine unintentional firearm deaths from 2003 to 2006. Nearly half, 49%, of the unintentional shooting deaths were other-inflicted, but this varied by age with 78% of the deaths of those 14 and under caused by another. The deaths of children tended to occur when the firearm was being shown or played with and the shooter tended to be another child (Hemenway, Barger, Miller, 2010). Access by children to unlocked and loaded firearms may be a significant factor in these deaths. "Areas where gun owners tend to store 48 Copyright 2014: City of Corpus Christi,Texas firearms both loaded and unlocked have the highest rates of unintentional firearm deaths" (Miller et al, 2005). From the Safe Communities Survey data, it is possible to conclude that fewer residents (households) in Nueces County have a firearm than is typical of the State and Region. This may relate to the data indicators for Favorable Parental Attitudes and Involvement in the Problem Behaviors that show Nueces County with lower proportions of homicide, robbery, and aggravated assault committed by firearm than the State or Nation. However, of concern for prevention of injury and death are the Survey results that indicate that only 50% of residents lock or lock-up their firearms. This contributes to the potential loss of unsecured firearms into inappropriate hands due to larceny or burglary and to increases in the risks of suicide and unintentional death. Low Neighborhood Attachment and Community Disorganization: Voter turnout appears to be dropping in Nueces County. In 2012, 52.9% of the total voting-age population in the County voted in the Presidential election. The voter turnout for the State and Nation were 31.4% and 57.5%, respectively. This is the highest voter turnout for a Presidential election in the County across the 1992-2012 time period. The number of churches and synagogues with listings in the Corpus Christi area telephone book yellow pages increased from 239 in 1999 to a high of 378 in 2005, but declined to 355 in 2009. The number of churches and synagogues increased again in 2010 to a high of 437 and then declined to the 380 listed in in 2012. From year to year, part of the variation may be due to whether or not these organizations chose to be listed in the yellow pages a particular year. However, across the past decade an increased number of listings has occurred. The homicide rate has decreased in the State and County. From 2007 to 2011, the State homicide rate (per 100,000 population) decreased 25.4%to a rate of 4.4 in 2011. In the same time period, the County homicide rate peaked in 2008 and again in 2010 to finally result in a decrease of 26.4%to the rate of 3.9 in 2011. The data available do not provide a strong, basis from which to judge if this risk factor, Low Neighborhood Attachment and Community Disorganization, is operative in the community. However, the evidence available in the reduction of the homicide rate and increase in both voting and availability of churches and synagogues may indicate that it is not. SUMMARY AND RESTATEMENT OF PRIORITY RISK FACTORS The data reviewed above provide evidence that the Corpus Christi-Nueces County community experiences juvenile delinquency fostered by six Priority Risk Factors and additional risk factors. Family Management Problems and Family Conflict provide unstable environments, reduce the probability of social bonding, and prevent the development of healthy beliefs and clear standards for behavior. They damage children's 49 Copyright 2014: City of Corpus Christi,Texas potential development early and reduce the possibility that families can be supportive of successful growth, educational completion, and gainful employment. Extreme Economic Deprivation contributes significantly to the stresses that lead to family management problems and conflict, reduces parents' resources to be supportive of children, and creates family and neighborhood environments conducive to the development of behavioral problems. As a result, children from these environments demonstrate Lack of Commitment to School. At the same time, these risk factors contribute to the failure of children to grow-up with the education and skills needed to be competitive in the economy, prepared for advanced education or technical training, and ready for professional jobs. They leave youth without the coping, problem solving, communication, and other skills necessary to be good parents and manage families well. Thus, they may grow up to be adults that seek temporary stress relief through the use of alcohol and drugs. This is seen in the risk factor: Favorable Parental Attitudes and Involvement in the Problem Behavior. Adult participation in violence, property crime, alcohol abuse, and drug use provides role models of participation in the problem behaviors. Children model their parents' and other adults' behaviors. They begin their substance abuse and delinquency at an early age. Early Initiation of the Problem Behavior tends to remove children from environments where successful development is likely. These children are less likely to bond with their families, social institutions, or society itself. They are less likely to develop socially acceptable standards of behavior and healthy beliefs. They are more likely to fail in school, fail to develop an adequate work ethic or advanced job skills, and fail to develop the necessary knowledge and skills to be good parents. Thus, they are likely to grow into adulthood to establish families in environments of economic deprivation that they fail to manage well. In the manner described, the six Priority Risk Factors and other risk factors perpetuate themselves and the production of the problem behaviors of delinquency, violence, drug use, teen pregnancy, and dropout in the community. The data have provided a clear, valid problem image on which to focus community intervention. The preceding analysis of nineteen (19)risk factors using data for Nueces County and the City of Corpus Christi has included more than 100 data indicators. The analysis of the data indicators in relation to risk factors demonstrates that six (6) of the nineteen (19)risk factors may have influence in the community. The evidence for these risk factors is more moderate or weak and/or the evidence does not involve high quality local data. Also, for some of these risk factors, too few data indicators exist to support a firm conclusion. These risk factors are discussed above in the section on: RISK FACTORS WITH POSSIBLE IMPACT ON NUECES COUNTY 50 Copyright 2014: City of Corpus Christi,Texas They include: • Rebelliousness • Transitions and Mobility • Early and Persistent Anti-Social Behavior • Media Portrayals of Violence • Availability of Firearms, and • Low Neighborhood Attachment and Community Disorganization. For an additional seven (7)risk factors, the evidence is strong and the data indicators provide a clearer image of the risk factors. These are discussed in the section of this report entitled: RISK FACTORS WITH CLEAR IMPACT IN THE COMMUNITY. The evidence for these risk factors is stronger, is supported by multiple data indicators, and is largely based on local information. The following seven risk factors clearly have impact on delinquency in the community: • Academic Failure • Favorable Attitudes Toward the Problem Behavior • Friends Who Engage in the Problem Behavior • Availability of Drugs • Community Laws and Norms Favorable Toward Drug Use and Crime • Family History of High Risk Behavior • Constitutional Factors. The strongest evidence from data indicators is found with six (6) Priority Risk Factors. For these Priority Risk Factors, the data provide unmistakable, long-term trends that are confirmed through the use of multiple data indicators using local data and most often contrasted to benchmarks for the State or Nation. The Priority Risk Factors for the community are: 1. Family Management Problems 2. Family Conflict 3. Extreme Economic Deprivation 4. Favorable Parental Attitudes and Involvement in the Problem Behavior 5. Lack of Commitment to School 6. Early Initiation of the Problem Behavior. The Priority Risk Factors exist within each of the four domains: community, family, school, and individual. They each contribute to all five problem behaviors: delinquency, teen pregnancy, drug use, violence, and dropout. They are interconnected by both cause and effect into an integrated cluster of causes. Thus, the set of Priority 51 Copyright 2014: City of Corpus Christi, Texas Risk Factors is most appropriate for the continued development of policies and programs to prevent or intervene with juvenile delinquency. The last report provided to the Commission for Children and Youth from the YOU Comprehensive Planning Initiative indicated that some positive changes had occurred in the community. It concluded that some of the programs funded by grant writing and modified in the planning process had reduced delinquency in the community. However, that report noted the economic downturn that occurred in the time period around 2001 and increases in child abuse, family violence, and juvenile crime in the 2001-2003 period possibly associated with increased economic stress. Economic conditions for children worsened over several years leading to 2008 and 2009 which points to the importance of economic conditions in the risk factor analyses. The 2010 edition of this report and its supporting documents did not yet show the longer term effects of the economic changes that were occurring. This report shows evidence of improved economic conditions, but also, of increased family and child poverty and increased juvenile delinquency directly tied to economic conditions. Adult arrests have remained stable over the past 4 to 5 years. However, this means that the County continues to have significantly higher adult crime involvement compared to the State as a whole. This demonstration of favorable parental attitudes and involvement in the problem behaviors appears to continue to support early initiation of juvenile delinquency in the County that continues into the later juvenile years. While juvenile delinquency has decreased overall, the County's delinquency rates across all forms of delinquency remain higher than the State's rates. This current assessment highlights the risk factors that need attention to change these conditions. It is known that comprehensive, strategic planning for a 20-year time frame such as was intended when the YOU initiative began, is a continual process of assessment, adjustment, re-planning, and extension.Focusing community efforts on the complex problem of juvenile delinquency and the five problem behaviors requires ongoing data gathering and analysis. Community efforts to produce protective factors require modifications of goals, priorities, targets, and action plans for those efforts to remain viable over the long term. This report has been provided by the Corpus Christi Commission for Children and Youth to support and encourage those community efforts. 52 Copyright 2014: City of Corpus Christi,Texas Bibliography Adams,E. J. (2010).Healing Invisible Wounds: Why investing in Trauma Informed Care for Children Makes Sense. Washing,DC: Justice policy Institute. Alliance for Excellent Education. (2003,November). FactSheet: The impact of education on: Crime. Washington,DC: Author. Anderson, C. A. &Bushman,B. J. (2001).Effects of Violent Video Games on Aggressive Behavior, Aggressive Cognition,Aggressive Affect,Physiological Arousal,and Prosocial Behavior:A Meta-Analytic Review of the Scientific Literature.Psychological Science, 12(5),353-359. Anderson, G.E.,Whipple,A.D.,&Jimerson, S. R. (2002). Grade Retention:Achievement and mental health outcomes.Position paper,National Association of School Psychologists. http://naspcenter.org Barboza, G.E. Schiamberg,L.B. Oehmke,J.Korzeniewski, S. J.Post,L. A.,&Heraux, C. G. (2009). Individual Characteristics and the Multiple Contexts of Adolescent Bullying: An Ecological Perspective. Journal of Youth and Adolescence, 38, 101-121. Barlett, C.P.,Anderson, C. A. &Swing,E.L. (2009). Video Game Effects—Confirmed, Suspected,and Speculative A Review of the Evidence. Simulation &Gaming, (40(3),377-403. Boxer,P.,Huesmann,L.R.,Bushman,B. J. O'Brien,M.,&Moceri,D. (2008).The Role of Violent Media Preference in Cumulative Developmental Risk for Violence and General Aggression.Journal of Youth and Adolescence, 38,417-428. Brent,D. A. &Bridge,J. (2003).Firearms Availability and Suicide Evidence,Interventions,and Future Directions.American Behavioral Scientist, 46(9), 1192-1210. Catalano,R.F., Chappell,P. J. &Hawkins,J.D. (1998). Communities that Care Data Workbook. Seattle: Developmental Research and Programs. Gentile,D. A.,Lynch,P.J.,Linder,R.R.,&Walsh,D. A. (2004).The Effects of Violent Gamve Habits on Adolescent Hostility,Aggressive Behaviors,and School Performance.Journal ofAdolescence, 27, 5-22. Hemenway,D.Barber,C.,&Miller,M. (2010).Unintentional Firearm Deaths: A Comparison of Other- inflicted and Self-inflicted shootings.Accident Analysis and Prevention,42, 1184-1188. Hepburn,L.M. &Hemenway,D. (2004).Firearm Availability and Homicide: A Review of the Literature. Aggression and Violent Behavior, 9,417-440. Howell,J. C.,Ed. (1998). Guide for Implementing the Comprehensive Stragegy for Serious, Violent, and Chronic Juvenile Offenders. Office of Juvenile Justice and Delinquency Prevention,Office of Justice Programs,U.S.Department of Justice. Washington,D.C.:USGPO Karr-Morse,R. &Wiley,M.S. (1997). Ghosts from the Nursery Tracing the Roots of Violence.New York: Atlantic Monthly Press. Levermore,M. A. & Salisbury, G.L. (2009). The Relationship Between Virtual&Actual Aggression: Youth Exposure to Violent Media. The Forensic Examiner, Summer,32-43. Miller,M.,Azrael,D.Hemenway,D. &Vriniotis,M. (2005).Firearm Storage Practices and Rates of Unintentional Firearm Deaths in the United States.Accident Analysis and Prevention,37,661-667. 53 Copyright 2014: City of Corpus Christi,Texas Miller,M.Hemenway,D. &Azrael,D. (2007). State-level Homicide Victimization Rates in the US in Relation to Survey Measures of Household Firearm Ownership. 2001-2003.Social Science &Medicine,64, 656-664. Murray,J.P. (2008).Media Violence The Effects are Both Real and Strong.American Behavioral Scientist, 51(8), 1212-1230. Ostrov,J.M., Gentile,D. A., &Crick,N.R. (2006).Media Exposure, Aggression and Prosocial Behavior During Early Childhood: A Longitudinal Study. Social Development, (15(4),612-627. Sullivan, K. 2007 Annual Report: Texas Pregnancy Risk Assessment Management System. (2010). Austin, TX: Division of Family and Community Health Services, Texas Department of State Health Services. Wiebe,D.J. (2003a).Homicide and Suicide Risks Associated with Firearms in the Home: A National Case-Control Study.Annals of Emergency Medicine,41(6),771-782. Wiebe,D.J. (2003).Firearms in US Homes as a Risk Factor for Unintentional Gunshot Fatality.Accident Analysis&Prevention. 35,711-716. Wong, S. C., Catalano,R.F.,Hawkins,J.D. &Chappell,P. J. (1996). Communities that Care Prevention Strategies:A Research Guide to What Work. Seattle:Developmental Research and Programs. 54 Copyright 2014: City of Corpus Christi,Texas Commission for Children and Youth Fact Sheet Economic Deprivation Nueces County clearly demonstrates worse Per Capita Income economic conditions than the Nation or the State when examining per capita income, $45,000.00 families living in poverty, child poverty, and students from economically disadvantaged $40,000.00 families. $35,000.00 After the drop in 2010 the per capita income in ���������� to �ua:� the Nation increased 7.6%to $41,560. In the $30,000.00 same time period, the per capita income in 2008 2009 2010 2011 2012 Texas increased 9.7%to $40,147, and the per ...........National � �state -11146x,11111"Nueces capita income in Nueces County increased 11.6%to $38,441. However, the per capita income in Unemployment Nueces County has been significantly lower than 10.0% the Nation's and the State's for each year between 2008 and 2012. As noted on the graph 8.0% Nueces County residents earned $3,119 less per 6.0% capita than the National income figure for 2012. 4,0% Since 2002, the unemployment rate in Nueces 2.0% County has been lower than the State's. In 2006, 0.0% this became true for the County in comparison to 2008 2009 2010 2011 the National rates. However, since 2008 unemployment in Nueces County has risen. In ®National Estate ❑Nueces 2010 and 2011, unemployment rates in Nueces County have risen back to levels very close to Families Living in Poverty those in Texas and the Nation. 25% ° From 2008 to 2011, unemployment in Texas ° increased 61.2%to a rate of 7.9%. In the same 15% time period, unemployment in Nueces County 10% increased 65.2%to a rate of 7.6%. 5% The lower per capita income level and increasing 0% unemployment rate for the County contribute to 2008 2009 2010 the continuing issues of higher family and child ®National Estate ❑Nueces poverty rates for the County compared to the Nation and State. From 2008 to 2010, the Copyright 2013,City of Corpus Christi,Texas:All Rights Reserved proportion of families living below the poverty level in Nueces County increased 2.6%. From 2004 to 2010, the proportion of families living below the poverty level in Nueces County has been higher than that for the Nation and the State. The percentage of children in poverty in the Child Poverty Nation rose 7.2%to a total of 25.2%from 40.0% 2008 to 2010. The percentage of children in poverty in the State rose 8.8%to a total of 30.0% 28.8% during the same time period. Continuing a long term trend, the 20.0% percentage of children in poverty in Nueces 10.0% County rose 9.1%to a total of 31.1%. 0.0% From 1997 (the earliest year for which this 2008 2009 2010 data indicator has been collected)to 2010, the percentage of children in poverty in ®National ®State ❑Nueces Nueces County has been significantly higher than the percentage in Texas and in the Nation. The proportion of children in poverty has increased most years from 1997. The increase in child poverty over the last decade from 2000 to 2010 in Nueces County has been 20.1% (from 25.9%to 31.1%). From 2004 to 2012, Nueces County's largest school district, CCISD, had a greater proportion of students from economically disadvantaged Students from Economically families than the State. Pockets of even greater 100 Disadvantaged Families poverty are reflected by the Robstown ISD and 80 West Oso ISD data. Summed across all of the reporting districts in the County, it appears that a 3 60 majority of local school children come from ° 40 economically disadvantaged families. More v detail may be found in the Data File and 20 Graphics File. o 09-10 10-11 11-12 Additional demonstration about the economic EState ®ccisD ®Robstown ®west oso status of children in the County is found in information about children receiving Medicaid and SNAP. From 2000 to 2010, the number of food stamp recipients (now SNAP)increased 142.9%to a total of 36.2% of the County population. The proportion of children receiving Medicaid increased by 62.3%to a total of 37.4%from 2000 to 2011. September 30,2013 Social Science Research Center -rf.,xAS A&M UNIVERSITY Texas A&M University—Corpus Christi (�� -1' .11STI 6300 ocean Dr.#5853 Corpus Christi,TX 78412 361-825-3206 Copyright 2013,City of Corpus Christi,Texas:All Rights Reserved Commission for Children and Youth Fact Sheet Family Management & Family Conflict When examining the data indicators for the risk factors Family Management Problems and Family Conflict, Nueces County continues to Child Abuse Confirmed Victims have a more serious problem than the State. Child abuse victimization appears to be a 25 21.7 21.9 significant problem for Nueces County when :2 20 compared to the State. From 2010 to 2012, c 15 10 2 9.9 9 2 the State rate (per 1,000 children) of child o 10 abuse confirmed victims decreased by 9.8 /o s to 9.2. In the same time period, the Nueces CL W 0 County rate increased by 2.3 %to a rate of 2010 2011 2012 22.2, which is more than two times higher than the State's rate. This difference has been ®state county present since the first year for which this data has been collected, 1998. The size of the difference has increased. The present, large difference is likely due only in part to a higher Child Abuse Victims Served at Driscoll reporting rate in the County. It likely reflects a Children's Hospital real difference in the number of children 2100 experiencing abuse. 2000 1994 .... .... .... .... .. .... Child abuse victimization can be further 1900 1852.... evidenced through the number of clients served 1800 by local response agencies. Driscoll Foundation 1700 1668 Children's Hospital reports a 19.5%increase in child abuse victims treated from 2010 to 2012. 1600 The 1,994 children served is the highest number 1500 recorded since 1998. These data reflect the larger 2010 2011 2012 Children in Foster Care service area for the Hospital than just Nueces 6.9 County, but do give insight into the increasing 7 6.5 6.5 6.5 problem within the Coastal Bend region. � 6.5 .. 6.3.... .... ....� .... From 2009 to 2011, the State rate of children (per o 6 1,000 children) living in foster parent homes 5.5 increased 9.5%to 6.9. The Nueces County rate 5 decreased 4.6%to a rate of 6.2 across this same 2009 2010 2011 time period. This County rate reflects a decline from 2000 to the present and is well below the ®State ❑County high of 9.4 reported in 2005. Copyright 2013,City of Corpus Christi,Texas:All Rights Reserved According to The Texas Crime Reports, the State rate (per 1,000 population) of family Family violence Reports violence reports remained at or about 8 from 20 2000 to 2009 from when it has declined to 6.9. .`s 14.7 14.9 15.3 15.2 14.3 In the same time period, the Nueces County 15 13'7 rate began at 14 increased to a high of 16 in o 10 8 7:7 2003 and fell to 13.6 in 2008. From then, it has increased each year to the 15.2 reported in o 5 2011. The City of Corpus Christi rate of family CL violence reports examined separately o demonstrate the same peak in 2003 from which 2009 2010 2011 a decrease has been seen. The City shows a ®State ❑County ®City of CC CCPD higher series of annual rates in 2009 to 2011 compared to a decade before. It is strikingly clear that family violence is a serious problem in Nueces County, particularly in Corpus Christi, because both the Nueces County and Corpus Christi rates are significantly higher than the State rate of family violence reports. Another indicator that domestic violence is Victims Served at the problematic in the County is the fact that the Women's Shelter numbers of adult victims provided shelter at the 1200 1084 1,048 Women' Shelter for 2009 and 2012 are the highest 1000 872 recorded since 2000. The Shelter reports a decline 800 in adults receiving non-resident services from the 800 highs recorded in the 2008-2010 time period. The 410 407 384 children sheltered in 2012, was in the 379 '°° 384 z38 moderate range for that service since 2000. 200 0 zoos zolo 2011 zolz Adult Abuse Confirmed ®Adults sheltered ®Children sheltered ®Non-residentialservices Investigations 6 5 .... 4.$ 5.1.... 52 .... From 2008 to 2011, the State rate of confirmed adult abuse investigations (per 1,000 adults) has increased 4 2.7 2.7 3 3.... to 3, an increase of 11.1%. The County rate 2 increased to the rate of 5.2 or 4%. The higher rate of adult abuse in the County mirrors that of the child o abuse data. The County rate has been higher than the 2008 2009 2010 2011 State's since 1998 and has increased significantly ®State ❑County more across that time period. September 30, 2013 � " � i� �1D Social Science Research Center TIRIS Texas A&M University—Corpus Christi 6300 Ocean Dr. #5853 Corpus Christi, TX 78412 361-825-3206 Copyright 2013,City of Corpus Christi,Texas:All Rights Reserved Commission for Children and Youth Fact Sheet Education Math Test Scores Reading and Math proficiency is improving in the State and within the County's school districts. As 90 measured by the TAKS test, reading has dropped slightly while math test scores have risen over the 80 past four academic years for the State and for the six largest school districts in Nueces County. 70 However, for three of these school districts, Corpus Christi, Robstown, and West Oso, 60 representing a majority of the students in the 08-09 09-1 10-11 proportion passing has been lower State ❑Calallen than the State. I addition, passing ®CCISD E Flour Bluff for CCISD, Robstown, and West Oso have been ®Robstown M Tuloso-Midway below the State level for reading. ®West Oso The proportion of students taking the SAT or ACT that scored at or above the Texas Percent of Students Taking the SAVACT Education Agency accountability criteria is At orAbove Criterion lower for the County compared to the State. 40 Corpus Christi, Robstown, and West Oso have had lower proportions than the State for the 30 last six years. The proportions for Calallen and 20 Flour Bluff have fluctuated from year to year, but were higher than that for the State in the 10 08-09 and 10-11 school years. Of the four smaller districts that had students taking the 0 -a— 1111111111111111111111111111. on L 2008-09 2009-10 2010-11 ®State ❑Calallen ®CCISD ®Flour Bluff Annual Dropout Rate ®Robstown ®Tuloso-Midway Mest Oso g SAT or ACT only Driscoll's proportion 6 exceeded the State's while the proportions for Agua Dulce, Banquete, and Bishop were lower 3 than the State's. o In the 2008-09 school year, the annual dropout 08-09 09-10 10-11 rates for most of the school districts in Nueces State ❑Calallen ®CCISD County were below the State. The only M Flour Bluff ®Robstown ®Tuloso-Midway exception was the Robstown ISD. In the 2010- ®West Oso 11 school year, the annual dropout rate for most of the school districts in Nueces County was Copyright 2013,City of Corpus Christi,Texas:All Rights Reserved either at or below the State's. The exceptions were Robstown ISD and CCISD. Robstown ISD's annual dropout rate has consistently remained higher than the State's for the past decade, but dropped significantly in the 2011-12 school year. A more accurate image of the loss of students from school is the attrition of $t"through Graduation Attrition th students starting in the 9 grade and All Nueces County Public Schools graduating or not with their class. 5,500 Attrition has been decreasing. For the 5,000 Class of 2008 34.4% of students starting the 9th grade did not graduate Z 4, 500 uu , u, with their class. This attrition percent o ...... has dropped to 30.2%for the Class of 4,000 2011. It had been as high as 36.7%for z � �� "'�� "I 3,500 awl the Class of 2005, the first year for which these data have been calculated. 3,000 8th 9th 10th 11th 12th Graduation ^^^^^=Class of 2008 --Class of 2009 ^Class of 2010 --Class of 2011 Average daily attendance has remained Td—Ed,dtd,A9enry relatively stable at about 95.5%in the State in the past six academic years. Three of the largest school districts Corpus Christi ISD, West Oso ISD and Robstown ISD have generally had lower attendance rates than the State. Flour Bluff ISD and Calallen ISD have stayed at or above the State level, with Tuloso-Midway ISD consistently having the highest rates. Truancy and failure to attend school appear to be declining in the County. Data on referrals to the Nueces County Juvenile Department indicate that truancy has varied significantly from 2005 to 2012. The 264 referrals in 2005 were an increase over previous years. A decline in referrals then School Attendance Rate occurred to 88 in 2009. However, 2010 98 saw the highest number every reported at 369. A sharp decline occurred to 96 2012 where only 29 truancy referrals 94 were made. Referrals for failure to attend school remained above 1,100 92 from 2005 to 2009 except for a low in 2007. From 2009 with 1,136 referrals a 90 steady decline to the 2012 figure of 08-09 09-10 10-11 515 referrals for failure to attend ®State ❑Calallen ®CCISD ®Flour Bluff school. State data are not available for ®Robstown ®Tuloso-Midway comparison due to a computer ®west Oso programming issue at the State level. September 30,2013 Social Science Research Center f°, A ABM t.]l1 a ffiRSd`6" Texas A&M University—Corpus Christi CHRISTI 6300 Ocean Dr.#5853 k* Corpus Christi,TX 78412 361-825-3206 Copyright 2013,City of Corpus Christi,Texas:All Rights Reserved Select Housing and Household Characteristics "In 2012,the regional housing market showed Existing Home Sales in Corpus sustained growth ever since the market boom that Christi ended in 2006... Home sales have been driven mainly by growth in demand that has outpaced 4400 4249 growth in supply. The number of building permits 4200 in Corpus Christi began to pick up in 2012,after a lengthy setback since 2006. Still,the addition of 4000 about 1,000 new homes in the area was behind 3800 3640 the growing housing demand.The amount of 3575 3600 housing inventory, a measure of slack in the real .... .... estate market,fell rapidly from over 10 months in 3400 2010 and 2011 to 7 months in 2012. In January 3200 2013,it would take only 5.2 months for a typical 2010 2011 2012 house on the market to close. A tight local housing market has resulted in a rapid home price appreciation. The median home price rose over 4 percent in 2012, after staying relatively flat since the onset of the national recession in late 2007"(Dr. Jim Lee,2013. Corpus Christi and Coastal Bend Economic Pulse.No.2). From 2010 to 2012,the number of Residential Permits Issued in existing home sales for Nueces County Corpus Christi increased by 16.7%to 4,249. The State 1000 899 count decreased by 53% from 2010 to 900 848 2011,then rose 22%from 2011 to 2012, 700 723 628 633 making for an overall drop of 43% 600 soo between 2010 and 2012. The yearly 400 average of monthly average home sales 300 -- price has increased from$139,108 in 2008 zoo to $141,500 in 2012 or an increase of 100 . 1.7%• 2008 2009 2010 2011 2012 From 2008 to 2011,the number of residential construction permits issued decreased in Corpus Christi by 34.4%to 631 in 2011,but surged in 2012 by 42.5%to 899. In the same time period,the number in the State decreased by 24%by 2010,but started to rebound, increasing by 10%in 2011. The improvement of the housing market as noted by Dr. Lee and these data raise a concern. This concern is the growing lack of low cost housing for low income families within the County and within the region. This housing need may not be met well by the availability of multi-unit housing (apartments). In March 2013 the inventory of apartments in the Corpus Christi MSA was 31,902. However,vacancies have been dropping. The proportion of units vacant in the third quarter of Copyright©2013, City of Corpus Christi,Texas:All Rights Reserved 2012 was 4.1%and has declined to 3.9%for that quarter of 2013. During that time average rents have increased 7.3%. Returning to single family units, from 2009 to 2011,the number of owner-occupied housing units has decreased from 55.6%to 48.7%in Nueces County. In the same time period,the number of renter occupied units rose from 29.3%to 37.5%. The number of vacant units has stayed roughly the same, showing a shift towards renting within the county. Of the Nueces County population in 2011, Average Household Size 79.3%stayed within the same house, compared to 82.2%for the State. In Nueces County for s 2.95 2.93 2.94 2011, 15%of people moved within the same 2.9 ... county,while only 10% of the State moved 2.8 within the same county.Nueces County also 2.8 shows a smaller percentage of people moving d from other counties within the State and a 2.7 2.66 smaller percentage of people moving from 2.6 abroad and out of state. These data appear to be consistent with the slower population growth 2.5 1 1 that the County has experienced in comparison 2009 2010 2011 to the State. Due to oil related economic Estate ❑N ueces development in the region, growth in the movement of people to the County from other counties or other places should be expected. The data indicate that the average household size (number of people) for Nueces County has been growing steadily for the past few years. From 2009 to 2011,the average household size rose from 2.65 to 2.8. The State household size has stayed roughly the same for the past 5 years; only ranging above or below 2.94 by a small margin. From 2009 to 2011,the number of households with one or more people under 18 Household Value in Nueces years old has fallen 14%to 44.782 County households within Nueces County. The number of these which are married-couple 114000 112700 families has fallen by roughly I%,while the 112000 number of female householders with no 110000 husband present has jumped 4%. 108000 107000 106600 The average home value in Nueces County 106000 has risen 5.7%to $112,700 between 2008 and 104000 2010,which is slightly above the inflation 102000 rates for those years. 2008 2009 2010 The Selected Monthly Owner Costs (SMOC)that is above 30% of the income for those with a mortgage has been going up steadily in Nueces County. This number has gone from 30.8%of people with a mortgage in 2008,to high of 3 8.1% of people with a mortgage in Nueces County. September 30,2013 Social Science Research Center Texas A&M University Corpus Christi TEXAS A � UNIVERSITY 6300 Ocean Dr.#5853 C qs�„� CI" p'�ISTI Corpus Christi,TX 78412 361-825-3206 Copyright©2013, City of Corpus Christi,Texas:All Rights Reserved Commission for Children and Youth Fact Sheet Early Initiation of the Problem Behavior The earlier juveniles become involved in problem Property Crimes Arrests for Ages 10 to 14 behaviors such as crime (delinquency), the longer and 12 1E04 more serious their involvement in crime becomes. The 10.15 10 indicators for this risk factor are juvenile arrests or 7.59 referrals for delinquency for the 10-14 age group. When " $ examining arrests or referrals for this group in Nueces CL 6 4:53 5.06 5.3s 4.52 County the rates are much higher than State and 4 3.87 3.44 National rates for each category of serious crime. z Property Crimes Arrests (theft and arson) among the 0 age group 10-14 appears to be a significant problem for 2009 2010 2011 Nueces County when compared to the State and ■National IM State ❑Nueces County National rates. From 2009 to 2011, the County rate (per 1,000 children) of Property Crimes Arrests for the 10 to 14 age group increased by 8.7%to 11.4. The Nueces County 2011 rate of 11.04 is the highest in the three year interval and is more than twice as high as the State's rate. It is the highest rate since this measure was first collected in 2002. Drug Abuse Violation Arrests for e.s Ages 10 to 14 From 2009 to 2011, the rate of juvenile (10 -14 6 years old) drug-abuse violation arrests per 1,000 4.43 children in Nueces County have fallen to 2.09, c 4 which is still two times as high as the State and National rates. From 2009 to 2011, the rate CL 2 2.08 remained around 1 per 1,000 children in the State; .1 1.01 1'1 0 92 1.1. similar to the National rates. Nueces County shows °C Mffi� M.1 I 0.51 Ms[T the highest rates compared to State and National 0 2009 2011 2012 rates. The County rate has decreased by 68.0% ■National ■State ❑Nueces County Violent Crimes Arrests for Ages 30 10 to 14 29.85 from 2009 to 2011. While the 2009 rate was one of the C highest from 1998 to the present, the 2011 rate is the R 20 lowest. 14.5 N 11.5 v 10 8 23 r:os.. 6.72 The number of Violent Crime arrests was also s.. 5.58 examined. From 2009 to 2011, the rate (per 1,000 children age 10 to 14) of juvenile Violent Crime arrests 0 decreased overall in Texas and Nationally. These are 2009 2010 2011 both at their lowest levels since 1998. The 2011 Nueces ■National ®state: ❑Nueces County County rate of Violent Crime arrests for juveniles was 14.5 and had reached an all-time high in 2010 of almost Copyright 2013©City of Corpus Christi,Texas: All Rights Reserved 30 arrests per 1,000. The 2011 rate places that year among the highest five from 1998 to 2011. Consistently, the Nueces County rate of juvenile violent crime arrests has been higher than those for the State or Nation. The 2011 rate remains double those for the State and Nation. These data for the most serious criminal offenses still indicate that Nueces County youth become involved in problem behaviors earlier than those in the State and Nation as comparison groups. The basic stability over time of the violent crime rate and the increasing property crime rate are of significant concern. The possibility that early drug use is decreasing may be an encouraging finding. To consider possible trends, three other offense Other Offenses Juveniles categories are examined here for the first time. Ages 10-14 in Nueces County Juvenile arrests in the 10-14 age group appear to 160 be decreasing for the offenses of criminal 140 139 135 137 mischief, graffiti, and other (simple) assault 120 - J across the 2009 to 2012 time period. These data 100 have not been collected before, so any longer term S0 trend is not available. These offenses have not 40 41 26 26 been considered separately in the literature. 20 _ 21 However, the basic concept that delinquency 0 becomes more frequent and more serious over 2009 2010 2011 2012 time if it starts in this age group should hold for IN Mischief ®Graffiti E Other Assault these offenses too. Thus, it may be a positive finding that these offenses appear to be declining. A final observation is offered. Two different data Juvenile Referral rates Compared to UCR sources may be used to track juvenile Arrest rates for ages 10 to 14 in 2011 involvement in crime: referrals to the Juvenile 16 .. .. .. .. .. .. ..14.5 .. 14 Department and arrests by the police. As seen on St 2 11.04 10•. the adjacent chart, these reflect different numbers Flo 21 for most years. This is a long term pattern. CL However, even though the reported rates differ "6 between reporting agencies, the fact remains that °`4 2.69.... Nueces County is the leader in crimes committed 2 0 by 10 to 14 year olds. The County has a more Property Crime Drug Abuse Violent Crime serious problem with early initiation of problem ®Nueces County:Juvenile Probation Department behaviors than its comparison groups. ❑Nueces County:Texas Uniform Crime Reports September 30, 2013 'TEXAS ABM UNIVE-16ITY Social Science Research Center LL CORPUS CHRISTI Texas A&M University Corpus Christi 6300 Ocean Dr. #5853 Corpus Christi, TX 78412 361-825-3206 Copyright 2013©City of Corpus Christi,Texas: All Rights Reserved Commission for Children and Youth Fact Sheet Alcohol & Drug Use Among Adults Alcohol and drug use among adults appear to be significant problems in Nueces County. When examining adult alcohol and drug-related arrests and adults in drug and alcohol treatment, Nueces County has higher rates than the State. Nueces County also has higher rates of death due to liver disease and cirrhosis and adult alcohol and drug-related deaths. Adult Alcohol Related Arrests From 2009 to 2011, the rate of adult alcohol-related decreased in Texas by 25 22.45_____22.65 M5_ 4%to a rate of 10.5 per 1,000 adults. In 20 the same time period, the rate in Nueces a 14.38 County decreased 2.7%to a rate of 0 15 10.5 21.55 per 1,000 adults. This continues a 10 decline from a high in 2000. However, CL 5 across that entire time (2000 to 2011), the arrest rate in the County has been 0 much higher than the State rate. 2009 2010 2011 Estate ❑county/ TX uniform crime Reports&Office of Juvenile Nueces County sales of alcoholic Justice&Delinquency Prevention beverages have increased significantly. Gross total liquor store sales for Corpus Christi MSA increased 41.3%from 2003 to 2008. From 2008 to 2012 an additional 20.4%increase has been occurred. Nueces County annual sales tax receipts for mixed beverages increased 42.8% from 2003 to 2008 with an additional increase of 18.0%from 2008 to 2012. These data indicate an increased consumption of alcoholic beverages in the County across the 2003 to 2012 time period. From 2009 to 2011, the Nueces Adults Arrests for Drug Abuse Violation County rate of arrests for adult drug abuse violations increased 14 11.48 11.65 1.65 11.82 .- between by 2.96%to 11.82 (per 12 1,000 adults age 17 years and 10 older). The State rate slightly °0 8 7.62 6 9O 692 decreased by 9.1% from 2009 to ° 6 2011. Nueces County rate increased from lows in the 2001 to 4.1 4 2003 period of just above 11 to a °C 2 high in 2007 of 16.73. It has 0 decreased to the present level. 2009 2010 2011 The County rate has remained ®State ❑COUnty rxun Crime higher than the State's rate from 1-ice°"°ve°°e'°stice&Delinquency Prevention 2000 to 2011. Adult involvement in this problem behavior in this County provides very negative role-modeling for juveniles. Copyright 2013 ©City of Corpus Christi,Texas: all rights reserved From 2008 to 2012, the rate of adults (age Adults in Treatment for 18 and over) in drug or alcoholism Alcohol and Drug Use treatment facilities decreased 29.3%in 14 13.67 Texas, but increased 51.0% in Nueces 12 11 ss County. The rate in Texas is at an all- 10 time low in 2012 at 2.12 per 1,000 adults. o., $ The rate in Nueces County reached its all- ° s time high at 13.67. The County rate is 4 3.00 248 more than six (6) times higher than the a 2 2.11 2.12 State's rate. This does indicate that more o people are being brought into treatment 2008 2009 2010 2011 2012 than in the past which is a positive ®state ❑Nueces °e°, ,eea°^seN� development. The long-term effects of alcohol abuse can be seen by the figures on the number of deaths due to liver disease and cirrhosis. The figures indicate that Nueces County Deaths Due to Liver Disease or Cirrhosis has a much higher death rate due to liver 25 disease and cirrhosis than the State. 19 20 From 2008 to 2010, the rate of deaths due a 20 � to liver disease and cirrhosis had a small 0 15 increase in 2009 and decreased to a rate ° 10 of 16.0 per 100,000 people in Nueces County. In the same time period, the rate 5 in Texas was fairly stable with a slow 0 increase to a rate of 11.4 in 2010. Zoos 2009 2010 ®State ❑count/ Tx Uniform Crime Report& From 2009 to 2011, the rate of adult o ff leenfJn� .e.ingnenrypreent�nn alcohol and drug-related deaths in Texas increased 1.4% (per 100,000 adults age 18 and older) to 4.99. In the same time period, the rate in Nueces County decreased 1.7%to 7.98. This is an overall decline from the high of 9.56 in 2000 for the Drug and Alcohol Related Death County. However, The County rate has been 10 8.12 8.06 98 higher than that for the state from 2000 to g 2011. c 6 5.06... 4.91... 4..0.0 The reality of adult drug and alcohol abuse Q 4 in the County is strikingly clear. It is likely 2 that these adult behaviors are sending a o powerful and negative message to the 2009 2010 2011 children of Nueces County. The effects of ®state ❑count this negative message are shown on the Y TX Uniform Crime Report& Office ofIuvenile Ius[lee&DeIInquency Prevention companion Fact Sheet on Juvenile Alcohol and Drug Use. September 30, 2013 Social Science Research Center TEXAS A M i)MV PSJTY Texas A&M University Corpus Christi C : I U C - _11STI 6300 ocean Dr. #5853 �. Corpus Christi, TX 78412 361-825-3206 Copyright 2013 ©City of Corpus Christi,Texas: all rights reserved d MaaP© a,EO AGENDA MEMORANDUM 1852 City Council Meeting of April 15, 2014 DATE: March 26, 2014 TO: Ronald L. Olson, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations lawm @cctexas.com 826-1972 Tire Storage, Transportation and Disposal STAFF PRESENTERS: Name Title/Position Department 1. Dan Biles Executive Director Public Works 2. Lawrence Mikolajczyk Director Solid Waste Operations 3. Veronica Ocanas Sr. Asst. City Attorney Legal BACKGROUND : Currently, scrap tires are not regulated by the City of Corpus Christi. The purpose of the Scrap Tire Program is to register scrap tire facilities in Corpus Christi to ensure the appropriate storage, accurate record keeping, safe transportation, and proper disposal of used and scrap tires. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Proposed Tire Storage and Disposal Ordinance Draft Ordinance — Tire Storage, Transportation, and Disposal TIRE STORAGE,TRANSPORTATION,AND DISPOSAL GENERALLY. Purpose of article. The purpose of this article is to establish regulations and procedures for the safe transportation, appropriate storage, and proper disposal of used or scrap tire. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City means the City of Corpus Christi. Department means the Solid Waste Operations Department. Director means the Director of Solid Waste Operations or designee. Driver means a person designated to act as a driver of a permittee's truck(s) pursuant to the permit. Elements of nature means rainfall, snow, sleet,hail or other natural precipitation. Manifest means a record of all used or scrap tires transported and/or received at a scrap tire facility. Operator means the person in care,custody and control of a scrap tire facility. Permit means a valid tire transporters permit issued by the City pursuant to this article. Permittee means a person who holds a valid tire transporters permit issued by the City pursuant to this article. Public highway means the entire width between the boundaries lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Scrap tire means a whole tire or any portion of a tire that can no longer be used for its original intended purpose or is being held,transported,or processed for disposal or recycling. Scrap tine facility means any business or establishment where 100 or more scrap tires per year are collected,repaired,processed, recycled, scrapped, sold,bought or stored. Storage means the collection or accumulation of scrap tires on the ground or in roll-off containers. Tire means any tire, whether new or used, whether serviceable or unserviceable, made wholly or partially of rubber which was manufactured for use on any vehicle propelled by a motor (including vehicles pushed or pulled by a vehicle propelled by a motor), regardless of whether such vehicle is intended for use on a public highway, provided that such tire is not mounted upon a wheel or rim and in service upon or carried as a component spare part of a vehicle. Tire disposer means any person who, in compliance with all applicable state, federal and local laws, rules and regulations, disposes of or converts tires to another purpose including, without limitation, persons who: a. landfill, incinerate or otherwise dispose of tires as waste or as fuel; or b. by shredding, grinding, chemical treatment or other means reduce tires into basic components for oil, steel, carbon black, rubber, road paving or other marketable salvage materials; or c. convert tires into other useful items such as doormats and sandal soles. Tire marking means the marking of a scrap tire with the facility's permit number. Tire piece means a particle of scrap tire or scrap tire piece that has been split, quartered or shredded to a usable size such as two-inch minus, or other size required by an industry user or recycler. Tire transporter means a person or entity permitted by the City to pick up and deliver used and/or scrap tires or shredded tire pieces from and to dealers of tires or permitted scrap tire facilities or state- registered tire recycling facilities. Truck means a vehicle designated to be operated by a permit tee's drivers for the transport of scrap tires pursuant to the permit. Used tire means a tire, including a recapped or retreaded tire, suitable for continued use for its original intended purpose. Approved storage methods. All used tires, scrap tires and tire pieces stored within the city must be kept in a manner which prevents their exposure to and collection of the elements of nature. Tires must not be allowed to hold water, dirt. rubbish or other foreign materials. Monitoring and control measures are to be implemented as necessary to eliminate the presence of mosquito breeding and rodent harborage. (a) Used tires, scrap tires and tire pieces shall be stored separately. (b) Used tires, scrap tires and tire pieces stored outside shall be: (1) screened from public view: (2) properly stored: (A) on racks or neatly stacked not in excess of 10 feet in height; or (B) in a roll-off container front-load dumpster, or other metal storage container, including a trailer not exceeding 45 ft x 8 ft by 13 ft if covered and if the stacked tires do not exceed height of 13 feet and the container and contents are shielded from rainwater. No more than 4 containers may be stored at anyone scrap tire facility location; and (3)in compliance with all applicable fire code provisions. Unapproved storage of tires declared a public nuisance. The storage of any tire upon any premises within the city in such a manner that does not conform to the approved storage methods defined in 21-000 is hereby declared to be a public nuisance which is subject to abatement at the expense of the owner of such premises as provided by law. Penalty for violations of this article. A violation of any of the provisions of this article constitutes a Class C misdemeanor that shall be punishable, upon conviction, by a fine of not less than $100.00 nor more than $2,000.00. Each day that any violation continues shall constitute a separate offense. In the event a defendant has once previously been convicted under this article,the defendant shall be fined an amount not less than two hundred dollars ($200.00) and not less than three hundred dollars ($300.00) for a third conviction and for each conviction thereafter. Exemptions. This article does not apply to any department, branch or agency of federal, state, or municipal government. Landfilled scrap tires are not subject to the storage requirements provided herein. PERMITS AND RECORDS Scrap tire facility license required. (a) It shall be unlawful for any person to own or operate a scrap tire facility without a valid scrap tire facility license issued under this article. (b) To obtain a scrap tire facility license, an application must be submitted to the Director. The applicant must be the person who will own, control, or operate the tire business. The application must be signed and verified by the applicant and contain all of the following information: (1) The name,mailing address, and telephone numbers of each owner and operator of the facility. (2) The physical address and telephone number of the facility. (3) The approximate number of scrap tires that will be stored on site at the facility. (c) A one-time processing fee of twenty-five ($25.00) dollars shall be charged upon initial registration and an annual assessment of two hundred and fifty($250.00)thereafter. Scrap tire identification. (a) Scrap tires shall be marked with the permit number of the scrap tire facility within twenty-four (24)hours of receipt. (b) Whole scrap tires shall be marked on the outside of the tire in a manner sufficient to provide notice of ownership. Said marking of the permit number shall be at least one inch in height. Scrap tire facility transport and records. (a) It shall be unlawful for any scrap tire facility to cause or permit any scrap tire to be transported upon any public highway other than by a permitted tire transporter. (b) All scrap tires shall be covered and secured during transport upon any public highway by a permitted tire transporter. (c) Each scrap tire facility shall maintain a daily manifest of the numbers of scrap tires received and delivered. The daily manifest shall include: (1)the number of tires received from the transporter or other means: (2)the number of tires removed by the transporter; (3)the date of transaction; (4)the name and permit number of the transporter. Transporter permit required. (a) It shall be unlawful for any person to transport scrap tires upon any public highway within the city unless such person is acting pursuant to a permit prominently displayed on the truck. (b) It is an affirmative defense to prosecution under this section that the cargo transported by such person: (1) Contains four or less scrap tires: or (2) Contains four percent or less scrap tires by volume and is part of a general cargo of "municipal solid waste" as that term is defined by Chapter 361.003 of the Texas Health and Safety Code; or (3) Originated outside of the city and is destined for transport outside of the city, provided that no scrap tires are loaded or unloaded within the city. (c) Each person desiring a tire transporter permit shall make application to the Department setting forth: (1) The name of such person; (2) The business address of such person; (3) The address within the county at which the records required in this division will be maintained; (4) The principal business or occupation of such person; (5)A description of each truck which will be used such applicant for the transport of scrap tires including the manufacturer,gross weight, license number, color,vehicle vehicle identification number,year of manufacture and registered owner thereof, (6) The name and residence address of each driver who will be authorized to drive the applicant's trucks and their respective driver's license numbers; and (7) That neither the applicant nor any proposed driver has had a permit which has been revoked under this article within the immediately preceding period of three years. (d) A fee of fifty ($50.00) dollars per truck shall be assessed annually. Issuance, duration, and amendment. (a) The Department shall issue a permit or permits to the applicant designating the truck(s) and driver(s)authorized pursuant thereto unless it is found that: (1) Any statement on the application was incomplete or false; (2) The applicant or any driver listed on the application has committed any offense involving the unlawful disposal or storage or theft of tires within the immediately preceding period of three years; or (3) The applicant or any driver listed on the application has had a permit under this article revoked within the immediately preceding period of three years. (b) Permits are valid for a period of twelve months from date of issuance and are nontransferable. (c) In addition to the permit itself, the Department shall issue to the permittee one identification card for each driver covered thereby and one or more identification plates, stickers or decals to be attached by the permittee in such places and manner as the Director may administratively direct to each truck covered thereby. (d) Permits issued under this article may be amended as to the trucks or drivers authorized thereunder upon application to the Director in the same manner as the original application. Such fees shall not be prorated, and no credit shall be allowed for any truck or driver which is deleted. Authorized drivers and trucks. (a) It shall be unlawful for a permittee to allow any truck to be used for the transport of scrap tires except those trucks designated in the permit. The permittee shall ensure that each such truck bears the plates, stickers or decals issued at all times. (b) It shall be unlawful for any permittee to allow any truck while used for the transport of scrap tires to be operated except by the drivers designated in the permit. (c) It shall be unlawful for any person to act as a driver of any permittee's truck while used for the transport of scrap tires unless the person is in possession of the driver identification cards issued in such person's name to the permittee. Tire transporter disposal and records. (a) It shall be unlawful for any transporter to dispose of any scrap tires transported by such permittee other than by the delivery of such tires to a registered scrap tire facility. (b) Each transporter shall maintain a daily manifest of the numbers of scrap tires received and delivered. The daily manifest shall include: (1) The name and address of the facility from where scrap tires were received and/or delivered; (2) The number of tires received or disposed; and (3) Date of transaction Maintenance and inspection of records. (a) The records required to be made pursuant to this article are government records under Chapter 37.01 of the Texas Penal Code. (b) Such records shall be retained for three years from date of creation at the address designated in the application for registration. (c) All required records shall be made available to the Department upon request during regular business hours. (d) Said records may be inspected, audited, or copied by the Department as required to ensure compliance with this article. REVOCATION. Grounds for scrap tire facility license or transporter permit revocation. Any permit issued under this article may be revoked in accordance with the procedures herein prescribed if it is found that the transporter designated in the permit has: (a) Violated the provisions of this article: (b) Violated any state or municipal law or ordinance involving the unlawful disposal or storage or theft of tires; (c) Violated any provision of Chapter 37 of the Texas Penal Code relating to the records required to be kept under this article; or (d) Provided any statement in the application for the permit \which was known to be false or should have been known to be false by any person required to swear to the application. Investigation of facts prior to revocation; notice of possible revocation. Whenever the Director receives reliable information that grounds for revocation exist, an investigation of the facts shall be conducted. If the Director finds that there are grounds for revocation, written notice shall be provided to the permittee by personal service or by certified mail, return receipt requested, to the address set forth in the application. Such notice shall set forth: (a) The specific grounds upon which the permit may be revoked; (b) That there will be a hearing before the Director in which the City will seek the revocation of the permit; (c) The date,time and place of such hearing; and (d) That the permittee may appear and present testimony. Administrative bearing on permit revocation. (a) All hearings shall be held by the Director or designated representative who shall serve as the hearing officer. (b) All hearings shall be conducted under rules consistent with administrative proceedings. (c) If the permittee fails to appear at the hearing, the City shall introduce evidence to establish a prima facie case showing that grounds exist for revocation of the permit. (d) After completion of the presentation of evidence by all parties appearing, the hearing officer shall issue a written order as to whether or not there are grounds for revocation of the permit. (e) A copy of the order shall be personally delivered or mailed by certified mail, return receipt requested, to the permittee within ten (10) days of the hearing. Appeals. (a) The revocation of a permit may be appealed to district court upon the filing of a verified petition setting forth the legal grounds for the appeal. The petition must be filed within thirty (30) calendar days after a copy of the final decision of the hearing officer is provided to the permittee, or such decision shall become final upon expiration of the thirty-calendar-day period. (b) Said appeal shall be limited to a hearing under the substantial evidence rule; whereunder the court may reverse or affirm, in whole or part, the hearing officer's decision. Ln bt 1 c� (t O •V=4 O o �., U FIX O •� � A r \ 1V w,u 4W 4-j ' U .- 4 -�-j 4� 4-j -� 4-j to b 0 to to a� .,.., 110 7 :� �i +, O ,.7::; Ct 75 bO LO U 75 �O -� bJO r , ` 5 cry V p V � � u OO •� �+ � � 75 75 O 75 1 a� Q j -N O c� - O � a� U a� c�i� ci c�i� ',--, c�i� � -� � C+� •� II..I 4-j 4-j Q� bC cn 75 75 75 V (t -N v 7 a5 ct C) 4� p ° 7:; a 75 75 cn . 'tJ 4-j (6 1 4-j ct .2 to c) C) -6j C CA bO to to r--� Ar", HOW%, u M -- µ O � V 75 � O U u � 14-q -� O 75 V o •� -� � 75 14-q 75 u .� � a all O O Oo 41W 75 a� c� ,. .o •� 75 O 75 75 4-j a� a� a) 75 sal (t ct � �, �, ; . u %4� 't5 bIJ O 75 O � 75 a, 75 a, ct +' • r 75 � � � � 'C 4-5 4-5 �-, z T L' r� 1� 75 j 14-q -a--' (� ,.� bb 0 ,� V •�-j � o 75 4 75 r � o a� 75 o a� , 4 V (t '5 O -05 C) V) 75� c� a� O 4-j 75 75 e AGENDA MEMORANDUM xg for the City Council Meeting of April 15, 2014 DATE: March 28, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Executive Director, Public Works DanB @cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV @cctexas.com (361) 826-1874 UPDATE TO CITY COUNCIL Presentation on New Broadway Wastewater Treatment Plant STAFF PRESENTER(S): Name Title/Position Department 1. Daniel Biles, P.E. Executive Director Public Works 2. Mark Van Vleck, P.E. Executive Director Utilities 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. 3. BACKGROUND: This presentation will update the Council on the current status of this project. It is for informational purposes only and no action is required. LIST OF SUPPORTING DOCUMENTS: Presentation — New Broadway Wastewater Treatment Plan PROJECT BUDGET New Broadway Wastewater Treatment Plant PROJECT FUNDS AVAILABLE: Current Budget FY08-09 CIP" Wastewater CIP............................................................................ $64,232,400.00 $41,127,000.00 Future CIP Request....................................................................... $11,350,000.00 $44,858,000.00 TOTAL........................................................................................ $75,582,400.00 $85,985,000.00 FUNDS REQUIRED: Construction New Broadway WWTP(Graham Construction Services)'..... $50,735,421.21 $79,075,015.00 Engr Estimate at time of Bid Remaining Contingency................................................................... 3,760,808.79 7,907,501.50 10%Contingency at time of bid Construction Estimate Broadway Effluent Line Rehab(TBD).................. 2,873,000.00 Current Estimate,not originally programmed Contigency................................................................................... 287,300.00 Final Project Cost for Resaca Lift Station Improvements........................ 2,204,788.00 2,204,788.00 Final cost Engineer Fees for New Broadway: Engineer(Carollo Engineers)"......................................................... 8,365,162.00 $8,221,462.00 Engineer(Carollo Engineers)..................................................................................... $1,300,000.00 Construction Mgmt Engineer(Freese and Nichols)(INCLUDES THIS CONTRACT)"'........... 1,531,560.00 $339,294.00 Peer Review Engineer(Govind Development)"".................................................. 447,750.00 $249,300.00 Geotechnical, Foundation,&Pavement Testing(Rock Engineering)......... 51,595.00 $37,365.00 Construction Materials Testing(Rock Engineering)""'......................... 299,997.00 $299,997.00 Tolunay-Wong.............................................................................. 5,465.00 $5,465.00 All Points Environmental................................................................. 4,527.00 $4,527.00 Maverick Engineering..................................................................... 21,269.00 Current Cost,not originally programmed Urban Engineering......................................................................... 24,900.00 Current Cost,not originally programmed Ventura....................................................................................... 46,700.00 Current Cost,not originally programmed Arcadls........................................................................................ 9,555.00 Current Cost,not originally programmed Jackson Walker............................................................................. 17,393.00 Current Cost,not originally programmed Lloyd,Gossellnk, Blevins................................................................. 123,773.00 Current Cost,not originally programmed Engineer Fees for Effluent Line Rehabilitation: Engineer(LNV, Inc.)"""................................................................ 288,974.00 Current Cost,not originally programmed Engineer(Govind Development)....................................................... 49,500.00 Current Cost,not originally programme e0 eC nica Testing(Rock Engineering)........................................... 4,900.00 Current Cost,not originally programmed Construction Materials Testing(Estimate)........................................... 10,000.00 Current Cost,not originally programme Other: Right of Way Acquisition.................................................................. 24,907.00 Current Cost,not originally programmed Equipment.................................................................................... 1,900.00 Current Cost,not originally programmed Reimbursements........................................................................... 1,500,000.00 $535,000.00 TOTAL........................................................................................ $72,691,145.00 $100,179,714.50 ESTIMATED PROJECT BUDGET BALANCE..................................... $2,891,255.00 ($14,194,714.50) 'Contract awarded on November 10,2009 by Motion No.M2009-313 "Contract awarded on February 12,2008 by Motion No.M2008-033 —Contract awarded on February 12,2008 by Motion No.M2008-034 ""Contract awarded on September 16,2008 by Motion No.M2008-249 ""'Contract awarded on November 10,2009 by Motion No. M2009-315 """Contract awarded on November 8,2011 by Motion No.M2011-249 "Existing Budget at time of Graham Construction Award r 1 N u ' � j O �" , j V J C•-1 mals LO 16.4 RN � J V , ■ a 4 ch Ln 0 O. r U m i un , Il llui a N CL C7W C: o +� ° � _� � o cai cn U ca O a C:� O m + C: C: m QU Ova' � �O U ^ •cn fa bA O Q `~ > N U }+ E O N CX o m a--+ m N U C: O O � p C: Ln 0 •� Q _ o U 04— O •� w :) O O m 0 r-I ate.+ }, N i +j w .O = •i w0oC � C Q � � S > Q i u � � ._ C: � � • 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L N Y f0 O M O N j IL 1�1 U : O rn W cu ID c U 4-111 C : +� c O : Z V cu C H : a° o cu ' > o N O � a� F W > � W (7 CU O m N * N o d O . . o W O D Q `f J Q 3 U N O E o� f6 N N D -C ' U '+N+ . ED c 0 2 N � Q o o 0 F Q D m o c C o -0 m aci c a� o Cl) m N W N N W Z W cop c L E .0 O m w 6 p c L Z d N N O N C O N : 0 0 '� L Y C N N a , C- DZ oW U N ° o > � � rnL o N > •> � 2 Q C a °� Cl m o o O F w o o > ii U C9 �_ o o W W C voi C9 0 cu o CU +, o WW Y O L L L V � i F w �• U J N i .C i O d N N N N U 3 _ V w N N_ C (� N N N U 3 3 Q N N N N L L O N N N L O E J O N Q N N C C C C +O+ N C O O C "O N -� C C C +O+ N i — O- Q 'p)'p) 'p) O C 7 d > C � Y > .O O O C O t '3 H F 3 p n o a0i o o C c c c c N o o — m � N � � o C C C a� o � °� a '� p N a � L � LL U � UUii wwwwc9U Q2Z) > Q � JW W WC9UOd! W10� H W '( 4 �� f 0 aapowR,E AGENDA MEMORANDUM 1852 City Council Meeting of April 15, 2014 DATE: April 15, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com 826-3897 FROM: Dan Biles, P.E. Executive Director of Public Works DanB @cctexas.com 361-826-3729 Valerie Gray, P.E. Director of Street Services ValerieG @cctexas.com 361-826-1875 UPDATE TO CITY COUNCIL Local Street Reconstruction Program STAFF PRESENTER(S): Name Title/Position Department 1. Dan Biles, P.E. Executive Director of Public Works Public Works 2. Valerie Gray, P.E. Director of Street Services Street Services OUTSIDE PRESENTER(S): None BACKGROUND: This is a City Council update and discussion on plans for a local street reconstruction program LIST OF SUPPORTING DOCUMENTS: PowerPoint Street Improvement Plan Residential / Local Reconstruction Council Presentation April 15, 2014 Street Improvement Plan Current Program ➢ Arterial/Collector Reconstruction: ✓ Bond: $55M every 2 years ➢ Street Preventative Maintenance Program: ✓ Street Fee: $11.4M/year ©F CORP( ✓ General Fund: $10.8M/year (no less than 5.24% of GF) ✓ RTA: $2.9M (2014) ➢ Policy Considerations: PR°v' ✓ New design standards & street cut policy Local Street Improvement Plan Strategies PaIN 100 100 CITY OF CO 70 55 } E RECONSTRUCTION 0 111111 CANDIDATES CANDIDATES 71 55 Y )- R FOCUS FOCUS I Residential/ Local Reconstruction — Primary Overall Street Structural Condition* *Parameters identified by coring. **ESAL counts won't exceed life cycle. Residential/ Local Reconstruction - Existing Need (Square Yards) RESIDENTIAL/ LOCAL STREET RECONSTRUCTION CANDIDATES - SYS' PCI** Total SYS SYS w/C&G SYS w/o C&G Cost 0-39 5,658,356 5,149,431 508,925 $707,294,500 91.0% 9.0% 40-55 2,178,793 1,892,188 286,605 $174,303,440 86.8% 13.2% Total 7,837,149 7,041,621 795,530 $881,597,940 **Uses PCI values for SPMP Year 1. *SYs increased 36% since 2010. Cost per SY to get to "Good" per SY increased 38%; average annual increase in cost per SYs is 11%. Street Improvement Plan Annual Proram Funding Options: )•$90Mfyr for 10 years ➢ S45M/yr for 20 years ➢ $30M/yr for 30 years ➢ $20M/yr for 45 years ➢ $10M/yr for 90 years Limitations to the amount of additional work: ➢ Current Internal and External Project Management and Engineering Design Capacity ➢ Existing Contractor Capacity Ni Recent large projects have only been receiving 1-3 bidders Ni Smaller projects (<$5M total construction costs) could attract additional bidders but also increase the project management/design demand ➢ Additional impact to the Utility Capital Improvement Program and Rates Street Improvement Plan Current Program > Arterial/ Collector Reconstruction: ✓ Bond: $55M every 2 years ($27.5M/yr) > Street Maintenance: ✓ Street Fee: $11.4M/year ✓ General Fund: $10.8M/year (no less than 5.24% of GF) ✓ RTA: $2.9M (2014) > Local Street Rehabilitation & Reconstruction Program: ✓ Recommend $10M per year initially ✓ About 7 miles per year (35-40 blocks) ✓ Build projects into $2.5-5M increments ✓ Balance between Rehab & Reconstruction Residential/Local Reconstruction Funding Options ➢ Repurpose an existing add-on sales tax ✓ Crime Control ($7.3M/year) (Exp. April 2018) ✓ Type A Seawall ($7.3M/year) (Exp. Sept. 2025) ✓ Type A Arena ($7.3M/year) (Exp. Sept. 2025) ✓ Type A Economic Development ($7.3M/year) (Exp. Sept. 2017) ✓ RTA ($20M/year) (No expiration) ➢ Additional Voter approved bonds ✓ 10 year program at $100M (5.8 cents/$100 valuation for debt) ✓ Every 2 years at $20M per cycle (1.8 cents/$100 valuation for debt) ➢ Industrial District revenue (available 1/1/2015 - $4.5M) ➢ Existing or Revised Paving Assessment Program .caro ➢ Increase Ad Valorem Tax ✓ 4 cents/$100 valuation = $5M/year cash ➢ Add an additional sales tax (requires State Legislation) ✓ 1/8 cent = $5M/year ➢ Increase Fuel Tax (requires State Legislation) ✓ 5 cents/gallon = $5M/year Residential/ Local Reconstruction Discussion Extending the life of our streets. • Background slides Street Improvement Plan - Policies 2 o Old Residential Street Section ➢ Set design standards for street construction to a 30 year lifecycle. ➢ Adopted a tighter Street Cut Policy 8" Stabilized Subgrade 6" Caliche Base \ Mountable Curb & Gutter (old) Residential Street Section improvements: Stabilized Subgrade Vertical Curb & Guttet 1 (current) ne Base Compacted backfill (new) 0 I Street Improvement Plan - Policies 7 Year 15 21 30 papmsuoJ ASM CD W n 0 w 0 w Treatment CD W n 0 w U0!pp11a1su0J Street Maintenance 30 -Year Life Cycle Residential/Local Reconstruction — Issues (2010) ➢ Residential streets comprise 57.4% of street system ➢ 50 % of Residential streets are in "Poor" condition according to their PCI value ➢ Estimated cost to reconstruct all Poor residential streets = $ 469M (2010 Estimate) ➢ Equates to approximately 40 cents/ $100 valuation increase in ad valorem taxes 13 Residential/ Local Reconstruction — Prioritization Process STREET ASSESSMENT CRITERIA MATRIX - ; max: L; g,..,,,7_,,,,_._. i Health & Safety, vehicular or 15.0%° pedestrian Community and ° Publicima a 10.0% g No injures or adverse publicor environmental health effects No complaint. No third party dams e.No g media coverage Minor injury with no lost time; no public or environmental health effects Small number of complaints. No third party damage. Neutral or no media coverage Minor injury with lost time; no public or environmental health effects Manycomplaints.Minor'Major third party damage. Adverse media coverages i 'Roadway within 100 lineartoadwaywith immediate feet to schools while frontage to schools ; considering ADA/safe consideringADA/safe 'walking routes/ moderate walking routes/ major i injurywith lost time injury with losttime and/or local public safety l and/or wide spread issues l public safety issues Wide spread complaints. Extensive complaints. third party damage., Majorthirdparty i : damage. Wide spread Wide spread adverse media coverage :adverse media coverage. Political opposition Physical Condition 50°o (PCI) Good (PCI 100-71) Fair (PCI 70-56) Poor Moderately Poor Very Poor (PCI 55-46) (PCI 45-36) (PCI 35 - 0) Roadway Classification,ADT 25% and growth Cl Collector and Other Parkways and Beach Access, Rural Arterials Al Arterial and C3 A3 and A2 Arterial C2 Collector Collector Residential/ Local Reconstruction — Prioritization Process 1. Pavement Condition Index 2. Traffic Count/ Impact 3. Impacts to Utilities 4. Clustering in neighborhoods 5. Residential vs. non-residential Streets 15 Residential/ Local Reconstruction — Secondary Considerations 1. Drainage - Surface and subsurface flow, curb & gutter, underground pipe, unimproved - ditch 2. Utilities - adjusted or replaced; risk based analysis using MAXIMO and utility age 3. ADA - must bring up to meet standards 4. Traffic control - striping and signage 5. Do we add sidewalks, curb & gutter where none exists? Residential/ Local Reconstruction — Ad Hoc Advisory Committee Recommendation (1/31/12) Optimum Funding Level — Reconstruction • Frequency 30 Years • Annual Funding $59,000,000 • 3.33% Streets/Yr — Overlay • Frequency 30 Years • Annual Funding $14,200,000 • 3.33% Streets/Yr — Seal Coat • Frequency 15 Years • Annual Funding $7,900,000 • 6.66% Streets/Yr — Requires Total Annual Funding of Residential/ Local Reconstruction — Ad Hoc Advisory Committee Recommendation (1/31/12) Minimum Funding Level — Reconstruction • Frequency 100 Years • Annual Funding $17,700,000 • 1.00% of Streets/Yr — Overlay • Frequency 50 Years • Annual Funding $8,500,000 • 2.0% of Streets/Yr — Seal Coat • Frequency 10 Years • Annual Funding $11,900,000 • 10.0% of Streets/Yr — Requires a Total Annual Funding of 00,000 Residential/ Local Reconstruction — Ad Hoc Advisory Committee Recommendation (1/31/12) Recommended Funding Level — Reconstruction • Frequency 60 Years • Annual Funding $29,600,000 • 1.67% of Streets/Yr — Overlay • Frequency 30 Years • Annual Funding $14,200,000 • 3.33% of Streets/Yr — Seal Coat • Frequency 10 Years • Annual Funding $11,900,000 • 10.0% of Streets/Yr — Requires Total Annual Funding of f Residential/ Local Reconstruction — Staff Recommended Funding Strategy (7/17/12) > Reconstruction/ Rehabilitation: $20,000,000 • Debt (Arterial & Collectors) - $ 15M* (75%) • Assessments (Local) - $ 5M** (25%) ✓ Property Owner $ 4.5M (90%) ✓ City $ 0.5M (10%) > Maintenance: $15,000,000 • Street Fee - s( Seal Coat ✓ Overlay > Total Recommendation: $35,000,000 * Utilities paid for by rate payer. **Utilities paid for through assessment. Residential/ Local Reconstruction — Staff Alternative Funding Strategy (7/17/12) > Reconstruction/ Rehabilitation: $40,000,000 • Debt (Arterial & Collectors) - $ 30M* (75%) • Assessments (Local) - $ 10M** (25%) ✓ Property Owner $ 9M (90%) ✓ City $1M (10%) > Maintenance: $15,000,000 • Street Fee - s( Seal Coat ✓ Overlay > Total Recommendation: * Utilities paid for by rate payer. **Utilities paid for through assessment. $55,000,000 Residential/ Local Reconstruction — Reconstruction/Rehabilitation Funding Cycle July 24, 2012 Council Work Session - Bond 2012 > Staff Recommendation - s( S45M - Street Improvements ✓ $ 5M - Service Center Complex Improvements ✓ $ 5M - Park & Recreation Improvements ✓ Schedule $15.5M Street Reconstruction/ Rehabilitation Bond election every three years (outside of four year bond election cycle) > City Council Direction - s( Set Proposition 1 for Bond 2012 to full $55M for streets ✓ Prepare a 2 -year cycle for bonds for streets @ $55M per election (not including utilities